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Home My WebLink About10/03/1984CITY COUNCIL L TOM OF IAS ALTOS HTLTR 26379 Fremont Road Los Altos Hills, California n ••4ar is Wednesday, October 3, 1984 cc: Reel 159, Tr. II, Side I, 228 -end Mayor Allison 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 Allison and Councilmenbess Dronkert, Rydell and van Tamelen Absent: Council+ember Fuhrnan Staff: City Manager George Scarborough, City Attorney Frank Gillio, City Engineer Michael Enright and City Clerk Pat Dowid Planning Cann: Carol Gottlieb Press: Florence Pallakoff, Los Altos Town Crier; Peter McCormick, San Jose Mercury; Amy McKay, Peninsula Times Tribune B. CONSENT CALENDAR: Sten Reeved: B.1 (van Tamelen) bVrJDN SBMMED AND CARRIED: Moved by van Tamelen, seconded by Dronkert and passed unanimously by all menbers present to approve the balance of the Consent Calendar, specifically: 2. Approval of Warrants: $51,380.57 C. PRESENTATIONS FROM THE FLOOR: none 1. Ordinance #291 further amending Chapter 5 entitled "Zoning" of the Los Altos Hills Municipal Cade by amending Sections 9-5.219 and 9-5.703 concerning Secondary Dwellings (SECOND READING) van Tamelen noted that the secondary duelling on their property was less than 600 square feet and asked the City Attorney if she should abstain frau voting on this matter. The City Attorney stated Councilwoman van Tamelen did not need to abstain from voting. MOTION SECONDED AND CARRIED: Moved by Dronkert, seconded by Rydell and passed unanimously by all members present to waive further reading of Ordinance #291. No motion was made to adopt Ordinance #291. cITY cODWIL MINUTES - October 3, 1984 D. SPECIAL ORDERS: (continued) kar 2. Proposed AmexLinnt to the PuriSSima Hills Water District Lease Council had before them the lease approved with the Purissima Hills Water District dated Septenber 5, 1984, amenchnents to this lease as proposed by the Water District and alternatives to the artwNtrmnts as proposed by Mayor Allison. Mr. Dan Alexander, President - Purissima Hills Water District Board, stated they would prefer to sign a new lease ra first lease. He also stated that they would prefer that a separate maintenance agreement be prepared and signed concurrently with the lease. MDTION SECOMED AMID CARRIED: Moved by Dronkert, seconded by van Tmelen and passed by the following roll call vote to amend section two of the adopted lease to read as follows: 'The teen of this Lease is ten (10) years beginning as of July 1, 1984 and ending at 11:59 o'clock P.M. on June 30, 1994; provided, bmever, the term of this Lease shall be deemed automatically extended for an additional teen of ten (10) years on July 1 of each succeeding ten (10) year period oom ening on July 1, 1994 unless either LESSOR or LESSEE shall give the other written notice at least one year prior to the expiration of the then current ten year period of its intent not to extend this Lease or of its desire to renegotiate the renewal terns.' Councilmenbers Dronkert, Rydell and van Tamelen NDM: Mayor Allison ABSENT: Councilme ber F1,hrman MOTION SECONDED ASID CLPP=: Moved by Dronkert, seconded by van Tamelen and passed unanimously by all members present to anend section 3.A.(1) to read as follows: 'Pay to LESSOR as rent in advance on the first day of each calendar month of the tern of this Lease, without deduction, offset, prior notice or demand the sum of Two Hundred Dollars ($200) in lawful money of the United States. During each ten (10) year term, however, the rent shall be adjusted by the percentage of any and all increases or decreases in the water rates that LESSEE may assess to its customers frcm time to time. Such adjustment(s) shall go into effect on the first day of the calendar month following the LESSEE's institution of such increases or decreases in its Water rates. The rent shall be paid to LESSOR at 26379 Fremont Road, Los Altos Hills, California 94022, or such other address as shall be designated in writing by LESSOR.' MOTION SECONDED AMID CARRIED: Moved by Dronkert, seconded by van Tamelen and passed unanimously by all members present to delete section 3.A.(2) of the adopted lease. MOTION SECONDED AMID CARRIED: Moved by Dronkert, seconded by van Tamelen and passed unanimously by all members present to amend section 3.A.(3) to read as follows: ' Maintain at its sole cost and expense, the landscaping around the office building heretofore constructed by LESSEE upon the LENSED PREZII=ES.' MOTION SECONDED AMID CARRIED: Moved by Dronkert, seconded by van Tamelen and passed unanimously by all menbers present to delete section 3.B.(2). MOTION SECOMIDED AMID FAILED: Moved by Rydell, seconded by Allison and failed by the following roll call vote to adopt lease with Purissima Hills Water District as amended. AYES: Mayor Allison and Councilmember Rydell NOES: Councilmenbers Dronkert and van Tamelen ABSENT: ComlciLTmber Fuhrman _2_ CITY COUNCIL DUNUTES - October 3, 1984 D. SPECIAL ORDERS (continued): It Was discussed and agreed that the City Attorney should be directed to prepare a new lease reflecting the amena3ents agreed upon by Council. This lease could be reviewed by the Purissima Hills Water District Boaxdmeullers at their meeting on October 9th and placed on the next Council agenda for adoption. E. UNFINISHED BUSINESS: 1. Request from the Sierra Club Foundation for authorization of the abandonment by the Town of the open space easement entered into in 1971 between the Town and the Foundation. Staff Recommendation: This item be referred to the Planning Commission for scheduling of a Public Hearing on this request. Mr. Stephen Stevick Director of the Sierra Club Foundation referred to his letter to the Council dated 9/25/84. He noted that the 5.36 acre parcel of property hal been accepted by the Foundation for the purpose of open space. However, due to financial considerations, they were now requesting abandonment of the open space easement. Mr. Stevick com anted that the proceeds from the sale of this land could be used for conservation endeavors. NOTION SECONDED AND CARRIED: Moved by van Tamelen, seconded by Rydell and passed unanimously by all members present to refer the request from the Sierra Club Foundation to the Planning Commission for the scheduling of a Public Hearing. Council suggested that the Enviroarental Design, Parks & Recreation Ccnudttee review the request from the Sierra Club and the original covenant and that the City Attorney be available to provide legal assistance. Consideration of Town's spheres of influence and urban service area boundaries and reoonmpnlation of inclusion of the Quarry. The City Manager presented the 9/27/84 report prepared by the Staff Planner on the subject of IAFICD (Local Agency Formation Commission) Sphere of Influence Adoption for the Town. NOTION SECONDED AND CARRIED: Moved by van Tamalen, seconded by Dronkert and passed unanimously by all members present to support the proposal to use the Los Altos Hills "Boundary Agreement" as the proposed sphere of influence. NOTION SECONDED AND CAI=: Moved by van Tamelen, seconded by Dronkert and passed unanimously by all menbers present to support the inclusion of two additional areas in the Town's Urban Service Area, specifically the Neary Quarry and Prospect Avenue. Council discussed some ramifications concerning this matter and Rydell suggested that the area of Altammnt Circle be reviewed. For clarification purposes, it was agreed that this matter would be placed on the next Council agenda at which time clearer maps would be available. NOTION SECONDED AND CARRTFD: Moved by van Tamelen, seconded by Rydell and passed by the following roll call vote to reconsider the motion supporting the proposal to use the Los Altos Hills "Boundary Agreement" as the proposed sphere of influence. AYES: CouncilnEmbers Dronkert, Rydell and van Tamelen NOES: Mayor Allison ABSENT: Council+Kmbe+' FUhnmma n -3- CITY COUNCIL MnVIES - October 3, 1984 E. UNFINISHED BUS]NFSS: (continued) MOTION SBOONDED AND FATTED: Moved by van Tamelen, second by Rydell and failed by the following roll call vote to support the proposal to use the Ins Altos Hills "Boundary Agreement" as the proposed sphere of influence. AYES: none NOES: Mayor Allison and Councilmenbers Dronkert, Rydell and van Tamelen ABSENT: Counrciln mhcr Fuhrman Jean Struthers, 13690 Robleda Road questioned whether O'Keefe was in the Ttm's spnere of influence and if so shouldn't the Than be advised of grading, etc. being done at the E1 Retire Site. This issue needed to be clarified. 3. Item Removed from Consent Calendar: a) Approval of Minutes: September 19, 1984 PASSED BY 0ONSENSUS: To continue this item to the next Council meeting for clarification and checking of tape for Lands of Griffiths, File CUP #4-84 and Ordinance #291 on secondary dwellings. Ordinance #291 further amending Chapter 5 entitled "Zoning of the Ins Altos Hills Municipal Code by amending Sections 9-5.219 and 9-5.703 concerning Secondary Dwellings (SECOND READING) MOTION SECONDED AND CARRIED: Moved by Rydell, seconded by Allison and passed by the following roll call vote to adopt Ordinance #291 further amending Chapter 5 `. entitled "Zoning" of the Ios Altos Hills Minicipal Code by amending Sections 9-5.219 and 9-5.703 concerning Secondary Dwellings AYES: Mayor Allison and CounciLTember Rydell IDES: Councilmenber Dronkert ABSENT: Councilme ber Fuhrman PRESENT: Councibamber van Tamelen SPECIAL REPORTS: 1. Reports from Standing Cm ttees: none 2. Reports from Ad Hoc Committees: a) Heritage Preserve Committee Marianne Beck, Co -Chairman, presented Council with pictures of the drying shed or the preserve. Mrs. Beck also asked Council if they wanted the Camtittee to report to Council each time the Committee took an action: Dronkert expressed concern about the long -terns expenditures of the project and suggested that the plans for the drying shed be brought back to Council. Allison suggested the placement of additional trees on the project. Mary Stutz, Chairman - Pathways Committee, noted that the wagon placed at the Town H sign loaKect appropriate; however, it was placed in the middle of a pathway. Mr. Clarence Maurer, Member - Heritage Preserve Committee, co manted that this was a low maintenance project; very little watering would be needed. -4- CTTy COUNCIL MngM S - October 3, 1984 SPECIAL REPORTS: (continued) PASSED BY CONSENSUS: It was agreed that plans for the Preserve would be signed off by both the Pathways and Environmental Design, Parks & Recreation Committees. Rosenary Meverott. Member - Heritage Preserve, reported that she was writing the thank you notes for those who had contributed equipment to the Preserve. PASSED BY CONSENSUS: Council authorized the Heritage Preserve COMMittee to: 1) Begin orchard planting sometime between November and February, as determined by the weather and the committee orchardists; 2) hove the articles for display (those not needing protection) to positions around the path; 3) Store on Town premises those item needing protection; and 4) Prepare plans for the drying shed, fence, signs, and non -orchard plantings. 3. Reports from the Planning Commission: Commissioner Gottlieb reported that at the 9/26/84 meeting the following actions had been taken: 1) Lands of Barbour, variance request denied without prejudice; 2) the full Planning Commission will now hear all variance and permit requests; 3) the conditional use permit for Lands of Pinewood was continued; and 4) the Planning Commission will sutmit comments regarding the proposed Site Development Ordinance. In conclusion Mrs. Gottlieb noted that a Code Enforcement Sub - Committee had been established including Judy Carico, c'hairm'an and morbers Jean Struthers and William Siegel. The committee's purpose was to review code enforce- ment and all its aspects and to review the responsibilities and capabilities of the 'Lown to perform code enforcement. PASSED BY CONSENSUS: Tb appoint Councihnembers van Tamelen and Dronkert to the Code Enforeamnt Sub,—Cc nittee and to request this committee report back to the Council in two months. 4. Comments from the Council: a) van Tamelen: Report on League of California Cities Conference van Tamelen comiented briefly on the League's annual meeting held this year in Anaheim and on recent legislation discussed at that meeting, specifically SB22 and SB1126. van Tamelen also noted that the Peninsula Division's meeting was scheduled for October 25, 1984 and, if possible, someone from the Council should attend. PASSED BY CONSENSUS: At Councilwotan van Tamelen's recommendation, it was agreed to direct staff to order the following from the League's annual conference: a tape for $10 on the legal issues for City Councils and a new Planning Ccumissioners' Handbook for $25. b) van Tamelen: Community Service Awards luncheon van Tamelen reported that the Community Service Awards Luncheon had been scheduled for November 16, 1984 between the communities of Los Altos and Ins Altos Hills. -5- CITY COUNCIL MDRITES - October 3, 1984 F. SPECIAL REPORTS (continued): kar 4. Comments from Council: continued c) Rydell: Tawn Hall Stationery Rydell suggested that the Council's names should be on the Town's letterhead and the area code should be sham with the phone number. He also suggested that the name of the Tam should be included on the business cards. MOTION SECONDED AMID CARRIED: Moved by Rydell, seconded by Dronkert and passed by the following roll call vote to direct staff to have new letter head prepared showing the list of Council nacres. AYES: C=cil c berg Dronkert, Rydell and van Tamelen NOW: Mayor Allison ABSENT: Councilmenber Fuhmman 1. City Manager: a) Request from Dave Barry, Principal. of Bullis School for a bike path on Old Altos Road for the safety of the school children PASSED BY CONSENSUS: To refer the request for a bike path on Old Altos Road to the Pathways Committee for a reccurnendation. 2. City Attorney: 3. City Engineer: Michael Erxight thanked the Town and the Community Relations Committee for the reception held on September 25th. H. NEW BUSINESS: 1. E1 RetlrO PASSED BY CONSENSUS: To direct staff to contact LOS Altos regarding the Town's concerns over the proceedings taking place at El Retiro. 2. Lands of Barbour, 28110 Story Hill Lane MYOTION SECONDED AND CARRIED: Moved by van Tmelen, seconded by Allison and passed unanimously by all nmenbers present to schedule a public hearing for October 17, 1984 to hear .the appeal of the variance and permit commission's denial of the variance for Sands of Barbour at 28110 Story Hill Lane. I. ADJOUIODENT: There being no further new or old business to discuss, the City Council adjourned ` at 9:30 p.m. Respectfully submitted, Patricia Dad, City Clerk H