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HomeMy WebLinkAbout11/05/1986CITY COUNCIL TOWN OF LOS ALTOS HILLS 26379 Fremont Road Los Altos Hills, California MINUTES OF A REGULAR MEETING Wednesday, November 5, 1986 cc: Reel 182, Tr. I, Side I, 878 -end; Tr. I, Side II, 001 -end; Tr. II, Side I, 001-264 Mayor van Tamelen called the Regular Meeting of the City Council to order at 7:30 p.m. in the Council Chambers at Town Hall. A. ROLL CALL AND PLEDGE OF ALLEGIANCE: Present: Mayor van Tamelen and Councilmembers Dronkert, 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: Edward Emling Press: Mike McDevitt, Los Altos Town Crier B. APPOINTMENT TO THE CITY COUNCIL: Mayor van Tamelen noted that there had been ten excellent ap- plicants for the Council position and it had been a difficult de- cision to make. While only one could be appointed, she urged the others to consider running for the office at the next election and to apply for positions on the Planning Commission and Town Committees. MOTION SECONDED AND CARRIED: Moved by Dronkert, seconded by Siegel and passed unanimously to appoint James Plummer to fill the unexpired Council term of Richard Rydell. MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Dronkert and passed unanimously to adopt Resolution #158-86 appointing a member of the Council. C i f C. APPOINTMENTS TO THE PLANNING COMMISSION: Council noted that two applications had been received for the two vacancies on the Planning Commission: Leda Patmore, member of the Environmental Design and Protection Committee and Mary Stutz, member of the Pathways Committee. MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Dronkert and passed unanimously to appoint Leda Patmore and Mary Stutz to the Planning Commission, each for four year terms. At this point in the meeting, Siegel introduced a friend of his, John Shaw, who was visiting from England. Mr. Shaw, who is a mem- ber of the District Council of his hometown in England, expressed greetings from England to the Council. D. CONSENT CALENDAR: Items removed: D.1 (10/15/86 minutes) and D.3d) (City Engineer); D.1 (9/17/86 and 9/18/66 minutes) and D.3.c) (Tryon); D.2 (11/5/86 warrants) (Dronkert) MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Tryon and passed unanimously to approve the balance of the Consent Calendar, specifically: 2. Approval of Warrants: $50,278.04 (10/31/66) 3. Resolutions for Adoption: a) Resolution #159-86 approving and authorizing execution of an encroachment permit agreement between the Town of Los Altos Hills and John C. Eastwick and Sandra L. Eastwick, 25231 LaRena b) Resolution #160-86 approving and authorizing execution of an agreement between the City of the Town of Los Altos Hills and Harris and Associates, Inc., con- cerning paving contract e) Resolution #161-86 establishing rates of charges to be made in connection with applications for annexation or for prezoning of property 4. Actions of the Planning Commission: approved the following: a) LANDS OF SCHROEDER, FILE VAR 010-86, 26991 Taaffe Road to encroach into the declining height envelope; to exceed the maximum height allowed; to encroach into the side setback; and to exceed the maximum develop- ment area for an addition. -2- L-73 5. Rejection of Claim: George and Louise Pfeiffer Items Removed from Consent Calendar: 1. Approval of Minutes: September 17, 1986, September 18, 1986 and October 15, 1986 There were no corrections to the minutes of the September 17 and September 18 Council Meetings. The following corrections were made to the October 15, 1986 minutes: page 3, Item G.3, 3rd para- graph, delete the following sentence: 'Tryon considered postpon- ing a decision until a survey was taken of how many 10+ acre lots there were in Town.'; page 4, Item H.1, change figure from $22,910 to $13,000; page 8, Item I.4. correct motion to read: ... ..fee for Mr. Sturm's variance application fee to $50.00.'; page 8, Item I.S. correct first sentence to read: 'Mayor Pro Tem Tryon stepped down from consideration of this item.' MOTION SECONDED AND CARRIED: Moved by Dronkert, seconded by Tryon and passed unanimously to approve the minutes of the September 17, 1986 and September 18, 1986 Council Meetings and to approve the minutes of the October 15, 1986 Council Meeting as amended. 2. Approval of Warrants: $122,884.43 (11/5/86) Dronkert requested and received clarification of the warrant for $57,697.20 to O'Grady Paving. MOTION SECONDED AND CARRIED: Moved by Dronkert, seconded by Siegel and passed unanimously to approve the warrants dated 11/5/86 in the amount of $122,884.43. 3. Resolutions for Adoption: a) Resolution # authorizing deposit of City monies in or withdrawal from the Local Agency Investment Fund in the State Treasury MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Dronkert and passed unanimously to adopt Resolution #162-86 authorizing deposit of City monies in or withdrawal from the Local Agency In- vestment Fund in the State Treasury with the amendment adding Louise Parmett, Finance Officer, to the resolution. b) Resolution # declaring the intention of said City to vacate and abandon certain storm drain and sanitary sewer easements under the provisions of the 'Public Streets, Highways and Service Easements Vacation Law', Section 8300, et seq., of the Streets and Highways Code of California (Lands of Berry Hill) mL The City Engineer noted that the exhibit to the resolution needed 1 to be corrected. '%W MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Tryon and passed unanimously to adopt Resolution #163-86 declaring the intention of said City to vacate and abandon certain storm drain and sanitary sewer easements under the provisions of the 'Public Streets, Highways and Service Easements Vacation Law', Section 8300, et seq., of the Streets and Highways Code of California (Lands of Berry Hill) with the corrected exhibit A. E. PRESENTATIONS FROM THE FLOOR: F. REPORT FROM THE PLANNING COMMISSION: Commissioner Emling reported that the following items were dis- cussed at the 10/22/66 Planning Commission Meeting: Lands of Easterbrooks, 25541 Fremont Road, request for variance denied; Lands of Hansen, 13020 LaCresta Drive, request for variance denied; Lands of Accola, 27461 Sherlock Road, site development permit approved; and Lands of Schroeder, 26991 Taaffe Road, re- quest for variance approved. G. PUBLIC HEARINGS: 1. LANDS OF VANCHIERI, 25333 LaLoma Drive, appeal of Planning Commmission's decision to uphold the admin- istrative decision to deny zoning permit for an addition. The Town Planner referred to her staff report dated 10/30/86 which noted that on 9/24/86 the Planning Commission denied the appeal of Mr. and Mrs. Vancheiri on the basis that their request clearly exceeded the zoning ordinance limitations. Mr. Vanchieri, applicant, presented a brief background on his plans for an additional bedroom to his residence. He commented on the incorrect maps which were used for the original calculations and noted that he was not aware they were incorrect until a new topographical map was prepared. Mr. Vanchieri noted that his pro- ject actually involved replacement of existing development area and he was not attempting to build a huge addition on his land. Unforuntately, in the midst of his project, the new ordinance took effect which resulted in his appeal to the Council. Dronkert commented that the addition seemed logical and would not affect the neighbors. She also noted that the house was moderate in size for the lot and the decking in place was an important -4- part of the house. Tryon stated that the issue of maximum devel- opment area on such lots was a real concern to her and it was re- placement of an existing non -conforming use. van Tamelen did not support governing by the appeal process and suggested this re- quest should come back as a variance. On the other hand, however, she did not support making the applicant wait for approximately three months to complete the variance procedure. Commissioner Emling noted that the Planning Commission had dis- cussed the size of the house, the new ordinance and the confusion with the maps and had voted to deny the zoning permit (4 votes to deny, 2 votes abstaining). Planning Commission Chairman Struthers noted that the variance procedure provided for notification of all the neighbors of a property which was important. She sug- gested the option of a waiver of the variance fees. In response to this, Tryon noted that this project would have to go through the site development process which included notification of the neighbors. MOTION SECONDED AND CARRIED: Moved by Dronkert, seconded by Tryon and passed by the following roll call vote to grant the appeal of Mr. and Mrs. Vanchieri for a zoning permit for an addition at 25333 La Loma Drive based on the following findings: the maximum development area will not exceed the existing non -conforming use at time of application; the unusual circumstances related to the permit and the incorrect maps; the impact is not increased; at the time of application different figures were in effect; and based on the lot and the allowable maximum development area. AYES: Mayor van Tamelen and Councilmembers Dronkert and Tryon NOES: Councilmember Siegel Siegel stated that he favored a 182' reduction in maximum devel- opment area to bring it back to the maximum development figure in place in June. LANDS OF YOSHIDA, 14945 Page Mill Road, administrative appeal of the Planning commission's decision to grant the appeal of an administrative decision to deny zoning permit for Lands of Yoshida for a walkway MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Tryon and passed unanimously to uphold the Planning Commission's deci- sion of October 8, 1986 to grant the appeal of an administrative decision to deny zoning permit to Mr. and Mrs. Yoshida for a walkway. MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Tryon and passed unanimously to direct staff to issue zoning permit to Mr, and Mrs. Yoshida for a walkway. C.0 H. OLD BUSINESS: 1. Cable TV - Report from Ad Hoc Committee and selection of Cable TV firm The City Manager referred to his staff report dated 10/29/86 on the issue of Cable TV. The report notes that the Cable TV Ad Hoc Committee had reviewed the responses to the questionnaire from the following three companies: United, Sun and Western and had met with each of the companies' representatives for clarification of their responses. After careful review, the committee's recom- mendation was that United be chosen as the preferred company. The staff report (on file at Town Hall) details the reasons support- ing this recommendation. The City Attorney presented a brief background to the Council on the Town's policy toward the granting of franchises. He noted that the Town could not regulate content matter of the programs nor rates. The Town could negotiate the best terms available. The City Attorney also noted that a city can rarely deny renewal of a franchise. The City Attorney particularly pointed out two areas that the Council should look at carefully: the percentage of residences served in the primary build and the number of areas served underground which will receive cable. Mr. George Beers, Cable TV Ad Hoc Committee member and Dean at Foothill College, explained United's role with Access 3 and their `y large capital financial investments. Mr. Beers also explained the proposed tower locations, both for United and for Sun. He noted that the tower required for United cable would only benefit Los Altos Hills, not Hayward, Los Altos or Cupertino. In response to statements made by the City Attorney, Mr. Beers stated that in his opinion both Sun and United were quite professional organiza- tions and security bonds could be requested from either company. The ordinance would need to be written very carefully. Lynette Simpson, Sun Country Cable, presented background on their firm and their interest in providing Los Altos Hills with cable. She noted that they were a start-up company which would be fully operational in the near future. They considered themselves a 'service industry' and did not intend to 'over promise'. Their company had definite financing sources, would work closely with the Council and the residents on programming, would provide responsive and efficient service and would provide 27 channels initially with up to 35 available in the future. Ms. Simpson also commented on the 20' to 25' tower which would be required and the type of satellite dishes which would be used. Mr. Mario Dieckmann, United Cable, addressed the Council concern- ing their capabilities, experience, financial resources and in- terest in providing the Town with cable TV. He introduced Brian -6- CA Johnson, one of their technical advisors. Mr. Dieckmann further explained the proposed approximately 60' tower which would be needed behind LaCresta Drive and also the possible option of locating a tower on the Midpeninsula Regional Open Space District land. This option would, of course, require additional agreements with the Open Space District. van Tamelen stated that she was interested in obtaining public input on this important issue and suggested scheduling a public hearing for the first meeting in December. Council also expressed concerns regarding the proposed towers and their impact on the community. MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Dronkert and passed unanimously to continue the issue of cable TV to the December 3, 1986 Council meeting for a public hearing; to request the Environmental Design and Protection Committee and the Planning Commission to review the issue of the proposed towers; to direct staff to provide both the committee and commission with as much information as can be developed on the proposed three towers; and to request both the committee and the commission to have recommendations back to the Council for the December 3 meet- ing. Both United and Sun stated that they would provide pictures of the towers for review and also stated that they had no objections to delaying the decision to the December 3 meeting. 2. Report on alternative solutions and related costs to the drainage situation on Moon Lane/Page Mill Road The City Engineer referred to his staff report dated 10/30/66 which included the following possible solutions to the drainage situation on Moon Lane/Page Mill Road: 1) pipe water from Saddle Court to Matadero Creek at Moon Lane (@$100,000); 2) pipe water from Saddle Court to Matadero Creek at border of Moon Lane (@$150,000); 3) construct a more efficient energy dissipator (@$5,000); 4) improve the surface channel along Moon Lane (@$15,000); or 5) do nothing. Mrs. Ramona Chown, 13822 Page Mill Road, stated her opinion that the engineer's report did not address two issues: summer drainage and the impact of the change in drainage pattern from uphill to downhill neighbors. Mrs. Chown reiterated that she felt the drainage situation was the Town's responsibility and the Town should correct the problem. Dronkert suggested that another option be added to the report, specifically, that the residents of the area in question work to- gether to solve the problem. Tryon had pictures of similar situa- tions on her property and noted it was a Town -wide problem. Tryon -7- suggested that the residents work out a reasonable, positive, specific, cost effective proposal to solve the problem. van Tamelen noted that it should be owners resposibility to take care of their property. PASSED BY CONSENSUS: To direct staff to continue to work with the residents of Moon Lane/Page Mill Road on the drainage problem and to authorize the City Manager to approve the use of a minimal number of man hours by the Town Crew to work on the situation. Request for clarification of timeframe for Council's approval of Lands of Stark, 13431 Wildcrest, for exception from the implementation of Ordinance #305 The Town Planner referred to her staff report dated 10/30/86 which noted that while no time limitation had been discussed by Council at their meeting on 10/1/86, staff had assumed that the time limit to obtain all necessary permits would be 1/3/87 which would be consistent with the other exceptions granted. The ap- plicant, however, was requesting an extension to 3/1/86 to obtain all the necessary permits. Mr. Stark, applicant, addressed the Council and explained the reasons for his request. He noted that they had invested quite a bit of time and money in the project and wanted to proceed with the job correctly. They did not want to start building in the winter rains. For these reasons, he was requesting an extension %, to April 30, 1987 to obtain the necessary permits. MOTION SECONDED AND CARRIED: Moved by van Tamelen, seconded by Siegel and passed by the following roll call vote to grant a time extension for Lands of Stark, 13431 Wildcrest, to March 1, 1987 to obtain the necessary permits for the project. AYES: Mayor van Tamelen and Councilmembers Siegel and Tryon NOES: None ABSTAIN: Councilmember Dronkert Neary Quarry - Reclamation Plan The Town Planner's report dated 10/30/86 noted that an extension of the review period on the 'completeness of application' for the resubmitted mining reclamation plan for Neary Quarry had been re- quested to allow comments from the Council. The staff's recom- mendation was that the Council adopt the position expressed in the 10/20/86 letter to Mr. Sarkisian from staff. PASSED BY CONSENSUS: To adopt the position expressed in the 10/20/86 letter to Mr. Sarkisian (on file at Town Hall) from staff. ftr PASSED BY CONSENSUS: To go past the hour of adjournment of 11:30 p.m. 5. Storm Drainage Request for Proposals - acceptance of bids - selection of consultant The City Engineer referred to his 10/30/86 staff report which noted that of the four proposals received the most cost effective was from the firm of Creegan & D'Angelo in the amount of $75,300.. In part the study will provide the Town with the fol- lowing information: inventory of the Town's drainage facilities, a capacity analysis of the Town's system, and a list of recom- mended improvements. Council requested clarification of the scope of the project and expressed concern over the fact that private property would not be included in the survey. The City Manager reiterated some of the purposes of the project: to identify priorities, to update inventory list, and to give a broader perspective on drainage is- sues throughout the Town. Jean Struthers, Chairman of the Planning Commission, suggested that each drainage basin have representatives who would report on the issues in their area. Council responded that this was the format of the Roads and Drainage Committee. MOTION SECONDED AND CARRIED: Moved by Dronkert, seconded by van Tamelen and passed unanimously to direct the City Attorney to 14W prepare an agreement with Creegan and D'Angelo to prepare a storm drainage master plan. lew 6. Ordinance # amending Title 2 of the Los Altos Hills Municipal Code by adding thereto Chapter 5 entitled 'Official Name' MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Dronkert and passed unanimously to waive further reading of ordinance. MOTION SECONDED AND CARRIED: Moved by Dronkert, seconded by Tryon and passed unanimously to adopt Ordinance #310 amending Title 2 of the Los Altos Hills Municipal Code by adding thereto Chapter 5 entitled 'Official Name'. I. NEW BUSINESS• 1. Los Altos Garbage Company - request for rate increase PASSED BY CONSENSUS: To continue this item to the December 3, 1986 Council Meeting and at that time to hold a public hearing on the request for rate increase. cm +`r The City Manager requested that Council advise him of any com- ments or input they may have and Council requested that rates of return from cities such as Woodside and Portola Valley be ob- tained, the possibility of more clean up days be investigated and the issue of recycling containers at the clean up sites be evaluated. J. OTHER BUSINESS: 1. Reports from Standing Committees: a) Safety Committee This item was continued to the next meeting. 2. Reports from Ad Hoc Committees: a) Sub -Committee on Zoning Ordinance This item was continued to the next meeting. K. STAFF REPORTS: 1. City Manager: a) Robleda/Chapin Intersection This item was continued to the next meeting. b) Request for fun run on November 15, 1966 on Moody Road Council noted that such requests should be handled by the City Manager on an administrative level. 2. City Attorney: a) Brown Act Amendments This item was continued to a future Council meeting. 3. City Clerk: Report on Council Correspondence 4. Council Business: a) Dronkert: IGC City Selection Committee PASSED BY CONSENSUS: To support the reappointment of Roy Lave to the Metropolitan Transporation Committee. b) Tryon: Town Signs 51015 .W PASSED BY CONSENSUS: To agree to Mayor Pro Tem Tryon's suggestion for two additional Los Altos Hills signs, location and price to be worked out with staff. c) Tryon: Mailing on Drainage Issue Tryon suggested a Town -wide postcard mailing on the subject of drainage. d) Tryon: Little League Tryon asked what the status was concerning the Little League Lease. e) Tryon: Pathways Committee Tryon noted that a new member, Bill Fee, had been added to the Pathways Committee as the representative from the Little League. Tryon noted that these appointments should be made by the Council and this appointment will be agendized for a future meeting. f) van Tamelen: North County Solid Waste Committee van Tamelen noted that she had received a request from Supervisor McKenna concerning Council representation on the North County Solid Waste Committee. No representative from the Council was suggested for this committee. L. ADJOURNMENT• There being no further new or old business to discuss, the City Council adjourned at 12:35 a.m. -11- Respectfully submitted, Patricia Dowd, City Clerk