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HomeMy WebLinkAbout12/03/1986`W CITY COUNCIL TOWN OF LOS ALTOS HILLS 26379 Fremont Road Los Altos Hills, California MINUTES OF A REGULAR MEETING Wednesday, December 3, 1986 cc: Reel 182, Tr. II, Side II, 001 -end; Reel 183, Tr. I, Side I, 001-108 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. The Mayor noted the following changes to the agenda: 1) add the item 'Council Business'; 2) add an Executive Session for Litigation; and 3) Item G.3 Lands of Currie is continued. 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: Luis Yanez Press: Mike McDevitt, Los Altos Town Crier B. OATH OF OFFICE: COUNCILMEMBER JAMES PLUMMER The City Clerk administered the oath of office to recently appointed Councilmember James Plummer. C. APPOINTMENTS TO TOWN COMMITTEES: Council had received three applictions for Town Committees: two for Environmental Design and Protection Committee and one for Pathways, Recreation and Parks Committee. Angie Boissevain, 27181 Sherlock Road and Viole Stamness, 26010 New Bridge Drive, each addressed the Council expressing their interest in participating on one of the Town's committees. Ms. Boissevain had lived in Town for about 30 years and was interested in once again becoming active in the community. Ms. Stamness was a practicing architect and felt ,`, that her main contribution could be in a technical capacity as an architect. ` MOTION SECONDED AND CARRIED: Moved by Dronkert, seconded by err Siegel and passed unanimously to appoint Angie Boissevain to the Environmental Design and Protection Committee for a term of two years. MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Siegel and passed unanimously to appoint Viole Stamness to the Roads and Drainage Committee for a term of two years. Council also suggested that Ms. Stamness be contacted at a later date regarding the Design Review Committee. MOTION SECONDED AND CARRIED: Moved by Dronkert, seconded by Tryon and passed unanimously to appoint Dr. Willard Fee, Jr. to the Pathways, Recreation and Parks Committee for a term of two years. D. CONSENT CALENDAR: Item Removed: D.1 (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: $26,798.67 (11/30/86) $29,034.70 (12/3/86) 3. Resolutions for Adoption: a) Resolution #170-86 accepting as completed the work of construction of E1 Monte Road Median Guardrail, authorizing final payment concerning such work, and directing the City Clerk to file notice of completion b) Resolution #171-86 accepting as completed the work of construction of Conejo Court reconstruction, authorizing final payment concerning such work, and directing the City Clerk to file notice of completion C) Resolution #172-86 accepting as completed the work of construction of Viscaino Court reconstruction, authorizing final payment concerning such work, and directing the City Clerk to file notice of completion d) Resolution #173-86 accepting as completed the work of construction of Purissima Road Binwall Repair, authorizing final payment concerning such work, and directing the City Clerk to file notice of completion. -2- .` Item Removed from the Consent Calendar: MOTION SECONDED AND CARRIED: Moved by Dronkert, seconded by Tryon and passed unanimously to approve the minutes of the November 19, 1986 Council Meeting with the following amendment: page 5, Item I.1b) PASSED BY CONSENSUS should read: 'To direct the City Man- ager to provide a report on what services. . . . . . . E. PRESENTATIONS FROM THE FLOOR: F. REPORT FROM THE PLANNING COMMISSION: Commissioner Yanez reported that the following issues were dis- cussed at the 11/26/86 Commission Meeting: 1) Lands of Currie, continued; 2) Lands of Bavor and Lands of Carey, variances approved; 3) Lands of Finney, variance denied without prejudice; 4) Lands of Easterbrooks, side development and conditional use permit approved; and 5) evaluation of cable tv antennas. The Com- mission recommended that a better site be found for the proposed United Cable antenna. The Planning Commission's meeting schedul- ed for 12/24/86 was cancelled. G. PUBLIC HEARINGS: Cable TV - decision to enter into negotiations The City Manager referred to his staff report dated 11/25/86 which recommended that this item be delayed for thirty days. The Town had received a letter from Mr. K.D.Daniel stating that the Town would be receiving a proposal from Hearst Cablevision. To allow time for review and recommendation concerning this new proposal, a continuation was requested. Both United and Sun con- curred with such a postponement. MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Tryon and passed unanimously to continue the decision to enter into ne- gotiations regarding cable tv for thirty days. It was further re- quested that the Planning Commission minutes from their 11/26/86 meeting be sent to all companies submitting proposals for cable tv in the Town. Los Altos Garbage Company - request for increase in rates The City Manager referred to his staff report dated 11/25/86 which noted that Los Altos Garbage Company was requesting a 288 rate increase effective 12/1/86. The last rate increase granted the company was in 1982. The City Manager's report included back- ground information on the agreement with the garbage company, the bases for their request for an increase and comparative data with other cities. Reference was also made to Resolution #1457 which -3- was adopted in July, 1982. This resolution accepted the exercise of option to renew and extend an agreement and approved and au- thorized execution of addendum to agreement between the Town and Los Altos Garbage Company. In part this documents states: 'City grants to Company the option to renew this agreement and the right and privilege contained herein, for a further period of five years, commencing on the lst day of May, 987, and ending at 12:01 a.m. on the 30th day of April, 1992, upon terms and con- ditions, covenants and provisions which are then satisfactory to both parties.' Joseph Renati, President - Los Altos Garbage Company, explained that franchise agreements were historically for long periods of time. One reason was the amortization of equipment costs. He referred to the length of agreements with other cities. Mr. Renati also noted that it was not their policy to request a rate increase every year. Rather, if everything appears to be going along well, they do not request an increase. He did comment, how- ever, that in this case, they had probably waited too long to re- quest such an increase. Mr. Richard Olson, Controller - Los Altos Garbage Company, ex- plained that a major reason for the rate increase was the cost of workmens' compensation which had increased dramatically recently. He also provided statistics regarding the rate increases, noting the costs of labor and equipment. MOTION SECONDED AND WITHDRAWN: Moved by Dronkert, seconded by Tryon and withdrawn to direct the City Attorney to prepare a resolution approving a 258 rate increase with Los Altos Garbage Company, effective December 1, 1986. An explanation was to be in- cluded with the next billing from the garbage company explaining the increase and the length of time since the last increase. Council expressed concerns over the amount of the increase, the length of time of the franchise agreement, the motivation behind approving such a long agreement, an adequate data base for ap- proving such an increase, and need for coordination with long- term negotiation of agreement with the garbage company. MOTION SECONDED AND WITHDRAWN: Moved by Plummer, seconded by Tyron and withdrawn to continue this item to the first meeting in January. Mr. Renati, President - Los Altos Garbage Company, noted that their original letter to the Town had been in August, 1986. He noted the billing cycle and the complications resulting if the matter were delayed to January. Concerning recycling and the clean up days, Mr. Renati noted that they only had one of the large recycling trucks and that they could include the dates and locations of the clean up days with the garbage bills. tow MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Plummer and passed unanimously to adopt Resolution #174-86 amending the schedule of rates for garbage collection and disposal services on an interim basis. This resolution granted an interim 208 rate in- crease effective 12/1/86 and ending on 5/31/87. The January bill- ing from the garbage company will include an explanation that the increase is an interim one. 3. LANDS OF CURRIE, 25545 O'Keefe Lane, tentative map 4. LANDS OF ZAPPETTINI, Altamont Road, tentative map and negative declaration The Council had before them the recommendations from the Planning Commission that the negative declaration be approved, a condi- tional exception be granted concerning the mapping of trees and the tentative map be approved subject to conditions. MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Dronkert and passed unanimously to approve the negative declaration for Lands of Zappettini. Council discussed the conditions before them with particular em- phasis on the private road, the possible removal of the entry gates and the possible sealing of the two wells on the property. Mr. Paul Nowack, applicant's engineer, stated they were in agree- ment with the conditions and the map. He felt that they had ad- dressed the concerns of the Town and was available to answer any questions. He, too, would prefer to see the gates on the property remain. Mr. Carlson, 12305 Briones Way, stated that while he had had ear- lier concerns about this project, particularly concerning the entrance, he was quite pleased with the present plans before Council. He also noted that he would like to see the gates remain. Mary Stutz, 25310 Elena Road, clarified the purpose of the path on the property - it would allow one to get from Altamont to Cen- tral Drive without having to go to Page Mill. While it may not be used for some time, Mrs. Stutz expressed the hope that in the fu- ture the complete path might be useable. Mrs. Stutz also noted that she had concerns about the condition sealing the wells. She felt this might be a possible future source of irrigation. PASSED BY CONSENSUS: To amend Condition S.E. to read as follows: 'The two wells on the property are to be sealed to the satisfac- tion of the Environmental Health Department and City Engineer or, subject to the approval of the Environmental Health Department, the two wells on the property will be retained and may be renovated for irrigation use, prior to final map recordation.' -5- PASSED BY CONSENSUS: To amend Condition S.I. by deleting the fol- lowing sentence: 'Work may include the removal of entry gates.' PASSED BY CONSENSUS: To concur with the name of Zappettini Court. MOTION SECONDED AND CARRIED: Moved by Dronkert, seconded by Siegel and passed unanimously to adopt Resolution #175-86 approv- ing tentative subdivision map for Lands of Zappettini, Altamont Road, based on amended conditions of approval. PASSED BY CONSENSUS: To grant a conditional exception to the re- quirements of Municipal Code Section 9-4.603(s) concerning tree mapping. 5. Resolution # ordering the vacation and abandonment of certain storm drain and sanitary sewer easements in the Town of Los Altos Hills under the provisions of the 'public streets, highways and service easements vacation law' (Berry Hill Farm - Page Mill Road) The City Engineer's report dated 11/25/86 recommended adopting said resolution. His report also noted that as a condition of ap- proving the Berry Hill, Unit II, Subidivision, the developer was required to abandon certain easements. MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Tryon and passed unanimously to adopt Resolution #176-86 ordering the vacation and abandonment of certain storm drain and sanitary sewer easements in the Town of Los Altos Hills under the provi- sions of the 'public streets, highways and service easements va- cation law' H. OLD BUSINESS: 1. Palo Alto Regional Water Quality Control Plant Expansion and Improvement Project The City Engineer's report dated 11/25/86 included the recom- mendation that the Council appropriate an additional $4,616 to pay its share of the sewage treatment plant expansion and im- provement project. MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Dronkert and passed unanimously to appropriate an additional $4,616 to pay for the Town's share of the sewage treatment plant expansion and improvement project. I. NEW BUSINESS: 1. Request from Los Altos Senior Center for financial contribution for a new passenger van for the Center ,` Alma Wood, 12151 Stonebrook, commented that she was no longer on the Board of the Senior Center but she did know this was certain- ly a worthy cause and would be of benefit to the seniors in Los Altos Hills. MOTION SECONDED AND CARRIED: Moved by Dronkert, seconded by van Tamelen and passed unanimously to contribute $1,000 to the Los Altos Senior Center toward the purchase of a new van. The City Manager noted that if a budget amendment were needed for this contribution he would place it on a later agenda. J. OTHER BUSINESS: 1. Reports from Standing Committees: 2. Reports from Ad Hoc Committees: a) Sub -Committee on Zoning Ordinance Dronkert reported that at this time there was no report. The Ad Hoc Committee would be meeting the following week and after that time would have a report. It was noted that the recommendations from this Ad Hoc Committee should go back to the Council. 3. Council Business: a) van Tamelen: Armi - variance fees van Tamelen referred to her memo dated 11/26/86 which explained the problems Mrs. Armi had experienced with her deck. The exten- sion of the Armi's house would require a variance. Due to the hardship circumstances, van Tamelen recommended waiver of the variance fees. MOTION SECONDED AND CARRIED: Moved by Dronkert, seconded by Siegel and passed unanimously to grant waiver of variance fees to Mrs. Armi, 24721 Olive Tree, for an extension of approximately 183 square feet. b) van Tamelen: Study Session on Police Protection van Tamelen noted that Councilmember Plummer would not be avail- able on Monday, December 8th; therefore, a new date would need to be selected for the study session on police protection PASSED BY CONSENSUS: To schedule an Adjourned Regular Meeting for Wednesday, December 10, 1986 at 3:30 p.m. to hold a study session on police protection. 00 C) van Tamelen: Joint Meeting with Planning ` Commission �y van Tamelen commented on the scheduling of a joint meeting with the City Council and the Planning Commission. Saturday, January 10, 1987 at 9:30 a.m. was tentatively chosen as the time and date. The Planning Commission will discuss this at their next meeting and will let the Mayor know if they are available. d) van Tamelen: First Earth Run van Tamelen commented that on Sunday, December 7, Unicef was sponsoring the First Earth Run from San Jose to San Francisco for peace around the world. PASSED BY CONSENSUS: To issue a proclamation supporting the First Earth Run. e) Dronkert: Westwind Barn Dronkert reminded everyone that on Sunday, December 7, Westwind Barn was holding its annual Christmas Party and donations were being accepted of canned goods and toys for the Community Ser- vices Agency. f) Dronkert: 12/17/86 Council Agenda Items %, Dronkert asked that the following items be placed on the 12/19/86 agenda: 1) landscape bond policy; and 2) recommendation for street trees on Arastradero Road. Both of these items were referenced in the minutes of a recent Environmental Design and Protection Committee meeting. g) Tryon: Emergency Handbook Tryon asked that Councilmember Plummer receive a copy of the Emergency Handbook and that all Councilmembers be sure to add his name, address and number to their books. h) Plummer: Little League Plummer asked for a status report on the meetings with the Little League. The City Manager reported that he and Councilmember Dronkert had met and Councilmember Dronkert agreed to meet with Councilmember Plummer and provide him with background on the Little League issue. i) van Tamelen: Adobe Creek van Tamelen requested a memo on Adobe Creek Flume. The City Man- ager reported he would have one available next week. K. STAFF REPORTS: 1. City Manager: 2. City Attorney: a) Brown Act Amendments The City Attorney referred to his report on Brown Act Amendments dated 10/22/86 and on file at Town Hall. The report notes that the State Legislature has amended the Brown Act concerning meet- ing agendas and special meetings and has adopted new penalties for violations of the Act. The changes are in effect on 1/1/87. The City Attorney further noted that the changes affect not only the Council but also all City Boards and Commissions because of the broad definition of what is a 'legislative body' in the Brown Act. The changes are also important because violations could result in actions taken at a particular meeting being declared null and void. The City Attorney recommended adopting a resolu- tion adopting regulations concerning Council meetings and agendas and related matters and, at a later date, adopt similar resolu- tions for Planning Commission and certain committees. MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Tryon and passed unanimously to adopt Resolution #177-86 adopting regulations concerning Council meetings and agendas, and related matters. b) Report on Councilmember Siegel's recommenda- tion that the Mayor and/or City Clerk be authorized to schedule public hearings The City Attorney noted that the resolution before Council would authorize the City Clerk in consultation with the Mayor to set the date of public hearings when an appeal had been filed from certain stated actions of the Planning Commission or recommenda- tions had been made concerning stated types of applications. The City Attorney further noted that once the Council had adopted the resolution before them, a similar resolution with appropriate changes would be recommended to the Planning Commission. MOTION SECONDED AND CARRIED: Moved by Dronkert, seconded by Seigel and passed unanimously to adopt Resolution #178-86 estab- lishing procedure for the setting of dates, times of public hear- ing, and giving notice thereof, in connection with applications concerning variances, use permits, equivalent development permits, and related matters. City Clerk: a) Report on Council Correspondence dated %, 11/25/86 4 b) Request for clarification of terms of office for newly appointed Planning Commissioners MOTION SECONDED AND CARRIED: Moved by van Tamelen, seconded by Dronkert and passed unanimously to appoint Mary Stutz to fill the unexpired Planning Commission term of Arthur Lachenbruch ending in June 1990 and to appoint Leda Patmore to fill the unexpired Planning Commission term of William Siegel ending in June 1987. L. EXECUTIVE SESSION - LITIGATION: The City Council adjourned to an Executive Session for purposes of litigation at 11:15 p.m. and reconvened at 12:00 midnight. M. ADJOURNMENT: There being no further new or old business to discuss, the City Council adourned at 12:05 a.m. to an Adjourned Regular Meeting on Wednesday, December 10, 1986 at 3:30 p.m. -10- Respectfully submitted, Patricia Dowd, City Clerk