HomeMy WebLinkAbout02/19/1986 CITY COUNCIL
TONT OF LOS ALMS HMIS
26379 Fremont /tad
Ins Altos Hills, California 94022
MINUTES OF A REQJSAR MEETING
Wednesday, February 19, 1986
cc: Reel 175, Tr. I, Side II, 190-end, Tr. II, Side I, 001-300
Mayor Dronkert called the Regular Meeting of the City Council to order at 7:35 p.m.
in the Council Chambers at Tbwn Hall. The Mayor weloaned members of the lora) high
school civics classes to were in attendance.
A. ROIL CALL AND PLEDGE OF ALLEGIANCE:
Present: Mayor Dronkert and Counci)memhers Allison, Fuhunan, Rydell and van Tamelen
Absent: None
Staff: City Manager George Scarborough, Assistant City Attorney Susan St. Clair,
City Engineer Michael Enright, City Planner Nancy Lytle and City Clerk
Pat Dowd
Planning
Comm: Not Present
Press: Jon Baker, San Jose Mercury; Mike McDevitt, Los Altos Tbwn Crier
B. =GED SESSION: LITIGATION (Pursuant to Government Code Section 54956.9(a)
Ihr
This matter was continued to the next meeting.
C. commix' CALENDAR:
Items Removed: C.2 and C.3.£) (City Manager, C.1 and C.3.k) (Allison)
MOTION SECONDED AND CARRIED: Moved by van Tamelen, seconded by Allison and passed
unanimously to approve the balance of the Consent Calendar, speLifically:
3. Resolutions for Adoption:
a) Resolution #15-86 setting the time and place of public hearing on an
application for a special land use permit (Lands of Rahng, 15468 Vista
Serena)
b) Resolution # 16-86 setting the time and place of public hearing on an
application for a special land use permit (Lands of Eery, 27421 Sherlock Pd.)
c) Resolution # 17-86 setting the tine and place of public hearing on an
application for a special land use permit (Lands of Swiontek, 12471 Barley
Hill load)
d) Resolution # 18-86 setting the time and place of public hearing on an,
( application for a special land use permit (Lands of Ting, 27430 Elena)
i► e) Resolution # 19-86 setting the time and place of public hearing on an
application for a special land use permit (Lands of Marek, 25121 Tepa Way)
CITY COUNCIL MINUPES - February 19, 1986
C. CONSENT CALENDAR: (continued) :
g) Resolution #20-86 accepting a certain pathway easement deed (Lands of
Neff - Elena Road)
h) Resolution #21-86 rescinding Resolution #167-85 ordering the temporary
closure to the public of Gigli Court from its intersection with Elena Load
i) Resolution #22-86 approving and authorizing execution of third addendum
to agreement between the City of the Tann of Los Altos Hills and Traffic
Signal Maintenance, Inc.
j) Resolution #23-86 extending date of payment of installment note in connection
with the purchase of Lot 5 in Matadero Creek Subdivision
D. PRFSSFNPATIONS FROM THE FLOOR:
Jean Struthers, 13690 Robleda, presented to the Council a proposal for joint study
and m nagement of Adobe Creek which had been written by Dorothy Gray of Los Altos.
The proposal requested that a canpetent, environmentally-sensitive study be cone
regarding Adobe Creek and that it be carried out under the direction of a Joint
Camrittee including members of the public as well as representatives from all juris-
dictions involved. It was agreed that this matter could be agendized for the 3/5/86
Council meeting to allay for additional staff input.
Mr. Al Cordovan, 10531 Magdalena, addressed the Council concerning drainage problems
on his property. He planned to send a letter to the Council detailing the problem
but as the water seemed to be getting cl racer to his property he was becoming concerned.
It was agreed that staff would look into the matter and report back to the Council,
the Council would take a look at the property and if the staff determined iumediate
action was necessary they could proceed.
Mr. Steve Bethke, 13000 InCresta, addressed the Council concerning a letter he had
recently submitted to the Tann concerning drainage problems on La Cresta. (Letter
on file at Tbwn Hall.) It was agreed staff would look into Mr. Bethke's concerns.
Jean Struthers, 13690 Itubleda, commended the crew on the excellent job they had
done during the storm.
E. REPORT FROM THE PLANNING CONMLSSION:
F. PUBLIC HEARINGS:
1. IANDS OF LEWIS, Lot #3, Canario Way, request for a special lard use permit to
allow construction of a new residence having a height in excess of fifteen feet.
This iter was continued to the next meeting at the request of the applicant.
2. LANDS OF PLCC1ODU, 14975 Page Mill road, appeal of Planning Commission's denial
of conditional use permit
This iter has been withdrawn.
lbw
-2-
CITY COUNCIL MINUTES - February 19, 1986
F. PUBLIC HEARINGS: (continued) :
3. LANDS OF MIEN, 13445 Mandoli Drive, seyuest for a special land use permit
to allay construction of a satellite dish antenna having a height in excess
of fifteen feet
The Tewn Planner referred to her 2/13/86 staff report which noted that the antenna
under discussion wouuld have no increase on either building coverage or development
area; however, it would exceed fifteen feet in height and therefore was subject to
the urgency ordinance. On 1/22/86 the Site Development Cartnittee recommended approval
of a special lard use pernit based on the project's conformance with the guidelines
for Ordinance #295.
Council discussed whether it was necessary for such applications to cane before
Council for a special land use permit. These matters did not seem to require the
process of obtaining a special land use permit. It was pointed out however that such
a project could have a visual inpact on one's neighbors.
DDTION SECONDED ADD CARRIED: Itbved by Allison, seconded by van Tanwlen and passed
unanimously to grant an exception/for*a special land use permit to allow construction
of a satellite dish antenna having a height in excess of fifteen feet at 13445 Mar-doll
Drive, Lands of Nolen. *to require (AMENDED BY COUNCIL 3/5/86)
G. OLD BUSINESS:
1. Lands of Jarvis, report from Site Development Committee regarding inproverents
on Jarvis property restricted by conservation easement (Gerth Lane)
The City Engineer presented his report dated 2/13/86 which included the .remmendations
made by the Site Development Cetmittee at their meeting of 1/29/86 concerning Lards
of Jarvis. One of the repo erdations was that a preliminary restoration and lard
scare plan be submitted prior to 2/19/86. This plan had not been received.
MOTION SECONDED AND CARRIED: Moved by Allison, seconded by Flzhrnan and passed
unanimously not to consider the landscape plan for Lands of Jarvis any further until
an acceptable restoration plan had teen received and approved by the Site Develop ent
Committee and the City Engineer.
Mrs. Margot Pratt, 2215 Page Mill, wanted the approved plans consistent with covenant
and encouraged the use of native vegetation. Mary Paulsen, 2275 Page Mill Road,
questioned a Hower on the property and was informed that was to be used for weed
abatement but was not to be placed there permanently. Mr. Graydon Snyder, 2220
Page Mill requested clarification concerning the wall of trees along Gerth Lane and
was rnformai this would be discussed when the landscape plan was discussed.
2. Lards of Herpick, 28041 Horseshoe Court, request for a special land use permit
to allow construction of a new residence having a height in excess of fifteen feet
PASSED BY CONSENSUS: To continue this item to the 3/5/86 Council neeLing and to hold
an Adjourned Regular Meeting on 2/25/86 at 4:00 p.m. to conduct a field trip to the
Lards of Herpick on Horseshoe Court.
bar
-3-
CITY COUNCIL MINUTES - February 19, 1986
G. OLD BUSINESS: (continued) :
lir 3. Lands of Gigli, 12321 Gigli Court, request for a special land use permit to
allow construction of a new residence having a height in excess of fifteen feet
This item was continued to the 3/5/86 meeting. at request of applicant (AMENDED BY
COUNCIL 3/5/86)
4. Itans Removed fram Consent Calendar:
a) Approval of Minutes: February 5, 1986
MOTION SECOMDED AND CARRIED: Moved by Allison, seconded by Fuhrman and passed by
the following roll call vote to approve the minutes of the 2/5/86 Council meeting
anend.ed as follows: page three, Itan E.2, last paragraph, change the word 'review'
to 'modify'; page four, Item E.4., last paragraph change the cord 'review' to
'modify' .
AYES: Mayor Dronkert and Council^e be*s Allison aid Full:man
NOES: Mone
ABSTAIN: Councilnarters Rydell and van Tamelen
•
b) Approval of Warrants: $53,808.06
MOTION SECONDED AND CARRIED: Moved by Flthnnan, seoexdded by Allison and passed
unanimously to approve the warrants with the deletion of warrant #3081 ($500) and
warrant #3088 ($20,606.20), thus totaling $32,501.86 warrants approved.
lir c) Resolution # accepting bids for iters of personal property and
rejecting all other bids.
The City Manager cemented this item could be on the next agenda to allow for more
tine for review of bids and rewmredation.
d) Resolution # approving and authorizing obtaining issuance of a standby
letter of creditby the Bank of America, depositing funds of the City of the
Town of Los Altos Hills in a certificate of deposit issued by the Bank of
America, and authorizing execution and delivery of docnnnts in connection
therewith
Town spading a lot of money for insurance and
Allison stated he was opposed to the/resointi the-.Loa.........
or-a aLcuilLy lcLLu of Credit-and-the-dcpeaiL*ngmif anal £tads-iirtcexti£ieate-e£
dmvsit--urine-opinion-this-warn-cosey-aid wu.eusaary-process, getting nrthing for
it. (AMENDED BY COUNCIL 3/5/86)
?MON SECONDED ADD CARRIED: Moved by Fuhrman, seconded by van Tamelen and passed
by the following roll call vote to adopt Resolution #24-86 approving and authorizing
obtaining issuance of a standby letter of credit by the Bank of America, depositing
funds of the City of the Town of Los Altos Hills in a certificate of deposit issued
by the Bank of America, and authorizing execution and delivery of documents in
connection therewith
AYES: Mayor Dronkert and Councilm,mbers Furan, Rydell and van Tamelen
NOES: Councilnarlber Allison
-4-
CITY COUNCIL MINUTES - February 19, 1986
H. NEW BUSINESS:
`r 1. Letter from Mr. Melvin Hawley concering noise pollution of certain pieces of
,,;grant such as chainsaws, etc.
Council discussed the most appropriate and beneficial ways of addressing the concerns
in Mr. Hawley's letter and it was agreed that it would be best to forward his concerns
to the League of California Cities.
MOTION SECONDEDAND CARRIED: Moved by Allison, seconded by Rydell and passed by the
following roll call vote to thank Mr. Hawley for his letter and to forward a copy of
it to the Pollution Control Committee of the League of California Cities for their
review, contents and recommendation.
AYES: Mayor Dronkert and Councilm3nbers Allison, EUhrian and Rydell
NOES: Cmncilnerber van Tamelen
I. OPfIER BUSINESS:
1. Reports from Standing Committees:
a) Pathways, Recreation and Parks Committee:
i) El Monte Center Path Drum Stonebrook to Voorhies
Mary Stutz, Chairman - Pathway Committee, stated that the cemwittee had reviewed the
El Monte Center Path frau Stonebrook to Voorhies and recemsnded that the path be
n ( retained. The omnittee further recommended that the chain link fence be removed
gym' and steel road barrier, three feet high, be installed along both sides of the path.
MOTION SECONDED AND CARRIED: To table this iter until resorts from the Safety Committee
and staff are available.
The following cements and suggestions were also made by Council concerning the
El Monte Center Path. This matter should be referred to the Environmental Design and
Protection Committee for aesthetic input at a later date; Foothill College should be
contacted for comments on usage of the path and recommendations; and the issue should
be considered as a capital project in the forthcoming budget discussions.
2. Reports from Id Hoc Committees:
a) Heritage House
Fi,hrnan reported that Mary Raye,a professional landscaper, had offered her services
regarding the Heritage I-Imuse; however, due to the bad weather, they had not had an
opportunity to meet yet to discuss the project. After suggestions are submitted, the
Environmental Design and Pollution Committee will be contacted for cements. Rydell
oamented that he would like to see the dedication of the House take place during this
Council's term. van Tal,elen reiterated her opinion that an overall plan of the Tbwn
Hall onrplex was very important.
Jean Struthers, 13690 Rotelda, had spoken with Mary Kaye,who was a personal friend
of hers, and it sews that Mary Kaytneeded some direction frau Council. She was
unclear as to exactly what area was being landscaped: the Horse? the whole complex?.
It was agreed that Councihnzeber van Tdnelen would join Mayor Pro Tem Fuhrman and
Mary Raatuben their n,. Ling on the landscaping took place.
-5-
CITY COUNCIL MINUTE - February 19, 1986
I. OTHER BUSINESS: (continued) :
4011, 3. Council Business:
a) Allison: Intergovenntal Council Meeting and City Selection Meeting: 2/6/86
Allison reported that Councilmen&Jer Plungy frau Cupertino had been appointed to the
Inial Agency Formation Commission and Mayor Livengood from Milpitas had been appointed
to the California Identification System rural Policy Board. The Fair Responsibility
Act of 1986 was discussed and Allison was appointed IOC representative to the
Transportation Commission.
b) Allison: Transportation Carmission meeting - 2/12/86
Allison reported that an update on Measure A was given at this meeting. Allison
further suggested that for the.Town's benefit and for continuity it might be beneficial
to have the sane representative frau the Town to IGC and the Transportation Ccnuission.
c) van Tamelen: Orientation Day
van Tamelen stated that she was still very mach interested in having an orientation
day for staff, volunteers and Councilmadders,
MUTTON SECONDED AND CARRIED: Moved by Rydell, seconded by Allison and passed unanimously
to direct van Tamelen to coordinate the orientation day for staff, volunteers and
Cou cilmenbers.
d) van Tamelen: Town Hall Phone Service
van Tdnelen suggested that an answering machine be installed at Town Hall which
would refer residents to 911 or to Council's home phones during hours when Town Hall
was closed.
e) Dronkert: Groundbreaking Ceremony 2/28/86
Dronkert announced that on 2/28/86 a groundbreaking ceremony was scheduled for the
first project funded by Measure A. Each Councilher had received details of this
event if they wished to attend.
f) Dronkert: ABAG
Dronkert announced that the ABAG General Assembly was scheduled for 3/27/86.
g) Dronkert: KTEH 54 (San Jose) -- 'Go Public Campaign'
Dronkert rated that she had received an invitation to attend a fund-raising event
on 3/13/86 giving lrral elected officials the opportunity to make a pitch to the
camunities to 'go public' in support of KTEH. As Mayor Dronkert could not attend
on that date, it was suggested that Barbara Tryon be asked if she would like to go.
h) Dronkert: Jr. League of San Jose
Dronkert camented that the Jr. League of San Jose had scheduled a luncheon for 4/23/86
for volunteer recognition. van Tamelen may be able to attend.
i) Dronkert: mmendation of Town Hall Crew
M9TION-e NFi --Ate- ARRID. M,vell by Dayule'L, tttrirreflT1T r ff VSseT—unant-
nesly La 1A-431.1C10.d the-uLew on-thEroatstardmerlolrtherdihl fug thv TI,wa, dart he
ret-stars: (SEE PAGE EIG[-W)
-6-
CITY COUNCIL MINUTES - February 19, 1986
I. OTHER BUSINESS: 3. Council Business: (continued) :
j) Dronkert: 2/9/86 article by Mr. Hinton, President of the California
Trial Lawyers Association.
Dronkert cemented on Mr. Hinton's article concerning the Fair Responsibility Act.
Aside fi.a.. e -exrthc-Perir , tMtyot-Dratcrt
stated-that-in leu Up.ULSana iL wa 3y i,iappsopriaLe for idle-rteslleIIL of -We
(1.11 ErTti?11iw1 LawyeLb A.,swinLiwa to-nn}.e posli bLat.eyeals. and took issue with his
claims and conclusions (AMENDED BY COUNCIL 3/5/86)
k) Dronkert: Traffic Authority
MYFION SECONDED AND CARRIED: Moved by van Tanelen, seconded by FUhnnan and pacged
unanimously to appoint Councilneter Allison to the Santa Clara County Traffic
Authority. Mr. Allison's appointment will replace Mrs. FUhrman's appointment on the
Traffic Authority.
J. STAFF REPORTS:
1. City Manager:
a) Request to attend annual conference of California Recreational Trails
ainaittee (Pathways C endttee)
PASSED BY CONSENSUS: Council concurs with the expenditure of $100 to pay the regis-
tration cost for two pathway ccemittee members to attend the California Recreation
Trails Cortnittee Annual Conference.
b) Report on Fremont Road S-Curve
Allison contented that this report was on the Council's agenda because it had
originally come before the Council with only three C me;lmenters present and one
abstaining fran the vote on the project. It was agreed that the City Manager would
discuss the S-Curve project with both Councglmemter Rydell and Councilmenber van Tameler
who had not been present at the meeting. In addition the subject of partial bids for
the project came up and it was agreed that a staff reportmight be available on this
option at the next neeLing.
2. City Attorney:
a) Report on Black Nbuntain/Elena Toad Path Easement
*(cFR PAGE EIGHT)
Mr. and Mrs. Marion, 27844 Black Mountain Road, addressed the Council concerning
this issue. It was indeed very upsetting particularly as the Town had cane onto their
property without their permission and as to the way the Whitleys had been treated.
While they would like to see the path usable, L. opt-emir fcaailsle
ra=ce frz the p- eke-Geawan-gmgerLy** Various options were discussed and
it was agreed that further discussions would take place at a future time.
3. City Clerk: Report on Council Correspondence
j( Council accepted the Report on Council Correspondence dated 2/14/86
♦r ** they did not think at this time there was a solution. (AMENDED BY COUNCIL 3/5/86)
-7-
CITY COUNCIL MINUTES - February 19, 1986
J. STAFF REPORTS: (owntinued) :
kur 4. Rydell - Council attendance at Planning Commission Meetings
Rydell questioned the COuncil's level of participation in the Planning Cannission
meetings which they attended. Council discussed whether they should be observers
or actively participate in the Planning Commission Meetings.
PASSED BY CONSENSUS: It was agreed Council representatives to the Planning Commission
meetings world sit in the audience and would be observers at the meetings.
5. Mary Stutz - Lards of Chen
Mary Stutz, Chairman of the Pathways Committee, reported that she had met with
Mrs. then concerning the location of her pillars and walkway. It had been agreed
that Mrs. Chen would move the pillars behind the lot line and that the walkway could
renin if she had the oleanders and some of the junipers removed to clear the path.
Staff rated that an encroachment bond and performance bond would be necessary and
would be agesdized.
E. ADJOURN NT:
There being m further nes or old business to discuss, the City Council adjourned
at 10:45 p.m. to an Adjourned Regular Meeting at 4:00 p.m. on Tuesday, February 25,
1986.
Respectfully submitted,
Patricia Dora, City Clerk
Item I.3.i) (page 6) should read: 'MOTION SECONDED AND CARRIED: Moved by Dronkert,
seconded by Fblurman and passed unanimously to mmuerd the crew and the staff on the
outstanding job they3li.d for the Tbwn during the recent storms and for the considanable
effort made by the crew and the staff during the past two years in addressing the
maintenance of the TOwn's roads, creeks, paths and drainage. ' (AMENDED BY COUNCIL 3/5/86)
Iter J.2.a) (page 7) - insert the following as first paragraph: 'Council had before then
a nesroraxxlurn frau the City Attorney dated 1/22/86 on the path easement at Tract 3908.
This opinion states, in part, that no evidence can be found that the middle link of the
path in question, the portion running along the east line of Lot 4, was ever offered for
dedication either to the Town or to the pmhl ic. The opinion further states that the
Town could enforce the claimed rights to use the middle link only if it had been dedicated
to and accepted by the Town, or it it had been offered to the public for its use and
accepted by public use. Permissive use alone is not sufficient to establish prescriptive
1 . title to a right of way over anther's lards. ' (AMENDED BY SIL 3/5/86)
-8-