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HomeMy WebLinkAbout03/07/1984CITY COUNCIL TaV OF LOS ALTOS HILLS 26379 Freront Road Los Altos Hills, California Wednesday, March 7, 1984 cc: Reel 152, Tr. II, Side I, 001 -end, Tr. II, Side II, 001-061 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. Mayor van Tamelen noted for the public that item H.2 (Resolution #endorsing Measure A) could be discussed after the Consent Calendar, rather than at the end of the meeting as sham on the agenda. :.S:\It Y �I�.11��7�1ilFlil�l�:MiF Present: Mayor van Tamelen and Councilmenbers Allison, Perkins and Proft Absent: Councilwoman Hillestad Staff: City Manager Ann Hinshaw, City Attorney Frank Gillio, City Planner John Carlson and City Clerk Pat Dowd Planning Cann: Michael Stewart Press: Florence Pallakoff, Los Altos Town Crier; Ann Gibbons, Peninsula Times far Tribune and Fd Hering, San Jose Mercury B. CONSENT CALEDIDAR• Item Pe ved: B.3a) (Proft) MOTION SECONDED AND CARRIED: Moved by Perkins, seconded by Allison and passed unanimously by all nembers present to approve correction to the warrant list as follows: delete warrant #1037 per City Manager's recauendation. MOTION SECONDED ASID CARRIED: Moved by Perkins, seconded by Allison and passed unani- mously by all members present to approve the balance of the Consent Calendar, specifically: 1. Approval of Minutes: February 15, 1984 and February 23, 1984 2. Approval of Warrants: $47,764.61 (corrected total) 4. Resolutions for Adoption: a) Resolution #13-84 approving and authorizing execution of addendum to agree- ment between the City of the Tuan of Los Altos Hills and Ruth and Going, Inc. b) Resolution #14-84 approving and authorizing execution of addendum to Joint Powers Agreement for the operation of Community Health Abuse Council. kow CITY COLWII, MINUTES - March 7, 1984 C. PRESENTATIONS FROM THE FLOOR: 1. Chancellor Thomas Fryer - Foothill-DeAnza Community College District Chancellor Fryer addressed the Council regarding Measure A on the April 10, 1984 ballot and requested their support of said measure. He further explained the need to seek funding to preserve the standards of excellence of Foothill and DeAnza Colleges. DI MON SECONDED AND CARRIED: Moved by Perkins, seconded by Proft and passed unani- mously by all nxmbers present to adopt Resolution #15-84 regarding Measure A: A Measure for the Preservation and Maintenance of DeAnza and Foothill Colleges. 2. Mary Stutz - Chairman, Pathways Committee Mrs. Stutz addressed the Council concerning Alan I.anbert's offer of the covered riding ring to the Town providing the Tuan trove it frau its present site near the the Berry Hill Stable to another location. Mrs. Stutz noted she was not asking for a financial commitment .from the Council but rather was seeking their approval to pursue this undertaking. Mrs. Stutz estimated that it could cost approximately $45,000 to remove the ring and rebuild it and they would be approaching residents for these funds. At this time Mrs. Stutz was requesting Council to appoint a ccnmittee to work with her on this project. MYTION SECONDED AMID CARRIED: Moved by Proft, seconded by Allison and passed unani- mously by all members present to appoint a comuttee regarding the offer and reloca- tion of the covered riding ring. D. SPECIAL ORDERS: Ordinance # of the City of the Town of Los Altos Hills amending Chapter 13 entitled "Hazardous Materials Storage" of Title 4 of the Los Altos Hills Municipal Code (FIRST READING) MOTION SECONDED AMID CARRIED: Moved by Perkins, seconded by Proft and passed unani- mously by all members present to waive further reading of Ordinance. Allison questioned if the Town would need a permit for the gas tank located at the Facilities Barn. If so, he requested staff to investigate whether it would be worth maintaining the tank or whether it would be more cost effective to have it removed. MOTION SECONDED AMID CARRIED: Moved by Allison, seconded by Perkins and passed unani- mously by all npanbers present to introduce Ordinance #287. 2. Consideration of Planning. Commission report on suggested changes to Ordinance 0282 regarding procedures for variances and conditional usepermits. It was noted that the Planning Caunission unanimously approved the amendments to Ordinance #282 regarding procedures for variances and use permits as stated on the 1/15/84 revised document. CITY COUNCIL MINUTES - March 7, 1984 jj D. SPECIAL ORDERS (continued): '�/ 3. Ordinance #282 amending Section 9-5.1110 of Chapter 5 of Title 9 of the Los Altos Hills Municipal Code (concerning procedures for variances and conditional use permits) SECOND READING MOTION SECONDED AND CARRIED: Moved by Perkins, seconded by Allison and passed unanimously by all meters present to waive further reading of Ordinance #282. Proft expressed concerns that the proposed amendments did not streamline the process for variances and conditional use permits; applicants would still experience a delay. Perkins explained that the present ordinance called for a period of thirty days. The new process shortened this period but still provided the Planning Commission with the opportunity to review the issue. Council and the City Attorney discussed what steps should be taken considering changes had been made to the ordinance since its first reading before Council. It was agreed that, if Council wished, they could introduce the ordinance before them and a second reading would be scheduled for the next Council Meeting. MOTION SECONDED AMID CARRIED: Moved by Allison, seconded by Proft and passed unani- mously by all members present to introduce Ordinance #282. 4. Resolution # approving and authorizing execution of a memorandum of under- standing regarding dissolution of North Santa Clara County Solid Waste Management Authority Allison referred to. the JPA Memorandum of Understanding which had been received only the day before and expressed concerns about approving this document. He further noted this substitute memo of understanding had not been approved by the Governing Board and he recomcended continuing consideration of this item to the next Council meeting. MOTION SECONDED AM CARRIED: Moved by Perkins, seconded by Proft and passed unani- mously by all members present to continue consideration of Item D.4 to the next Council meeting. 5. Public Hearing: a) Ordinance #286 of the .City of the Town of Los Altos Hills amending Chapter 1 of Title 8 to adopt by reference the 1982 Edition of the Uniform Building Code, including the appendix thereto, and the Uniform Building Code Standards, 1982 edition; adding Chapter 1.6 to adopt by reference the CABO One and Two Family Dwelling Code, 1983 edition; amending Chapter 2 of Title 8 to adopt by reference the 1984 edition of the National Electrical Code; amending Chapter 5 of Title 8 to adopt by reference the Uniform Building Code, 1982 edition; and amending Chapter 4 of Title 8 to adopt by reference the Uniform Mechancial Code, 1982 edition, respectively, of the Los Altos Hills Municipal Code (SECOND READING) MOTION SECONDED AND CARRIED: Moved by Proft, seconded by Perkins and passed unani- mously by all members present to waive further reading of ordinance #286. MOTION SECONDED ASID CARRIED: Moved by Proft, seconded by Allison and passed unani- mously by all members present to adopt Ordinance #286. -3- CITY COUNCIL MINULES - March 7, 1984 E. 1. Item Removed from Consent Calendar: a) LANDS OF RAGARIA, File CUP #1-84 (conditional use permit) Council discussed the Conditions of Approval for Lands of Bagaria and the staff report dated 2/16/84 which stated that the Santa Clara Valley Water District had indicated the property under discussion was not subject to the 18 flood. The District further toted that the culvert under the existing driveway wou'.d not carry the 18 storm flaw in the creek. It was agreed to contact the Water District and find out what level of storm the existing culvert would carry. MDIION SECONDED AMID CARRIED: Moved by Perkins, seconded by Proft and passed unani- mously by all nmbers present to continue LANDS OF BAGARIA, File CDP #1-84 to a future meeting pending additional information from the Water District. 2. Lands of Lynch, 25701 Lomita Linda Lane The City Manager reported that at the 2/1/84 Council meeting it was agreed to advise Mr. and Mrs. Lynch they had thirty days to sign the encroachment permit or trove the fence. To date no response had been received. The City Manager futher ca en ted that the bond referred to in the encroachment permit had been reduced from $3,000 to $1,000. MOTION SEOJMIDID AMID CARRIED: Moved by Proft, seconded by Perkins and passed by the following roll call vote to approve reduction of the amount of bond in the encroachment permit to $1,000 from the originally stated $3,000. AYES: Mayor van Tamelen and Councihmambers Perkins and Proft NOES: Councilmember Allison ABSENT: Councilnember Hillestad NOTION FAILED DUE TO LACK OF SECOND: Moved by Allison to revoke the encroachment permit for Lands of Lynch, 25701 Lmiita Linda Lane. MOTICN SBOONDED AMID W=RAWN: Moved by Proft, seconded by Perkins and withdrawn to continue item E.1 (Lands of Lynch) to the April 18, 1984 Council Meeting to give the Lynchs adequate time to have the encroachment permit signed. MOTION SECONDED AND CARRIED: Moved by Allison, seconded by Perkins and passed by the following roll call vote to adopt Resolution #16-84 declaring its intention to consider revocation of encroachment permit granted to Thomas A. Lynch and Patricia J. Lynch, and setting the time and place of herein thereon (3/21/84 Council Meeting). AYES: Mayor van Tamelen and Councilmmbers Allison and Perkins NOES: Conncilnember Proft ABSENT: Councilmanber Hillestad -4- CITY COUNCIL MINUTES - March 7, 1984 E. UNFINISHED BUSINESS (continued) : kw 3. Report on Pathways Committee reports and priority list Council noted they had just received the staff report on path maintenance and more time was needed for review. MOTION SECONDED AMID CARRIED: Moved by Proft, seconded by Perkins arid passed by the following roll call vote to continue Item E.2 to the next Council meeting. AYES: Mayor van Tamelen and Councilmenbers Perkins and Proft NOES: Councihnmmber Allison ABSENT: CouncilmenUer Hillestad 5. Resolution # establishing the Westwind Barn Special Fund MOTION SELODIDED AMID CARRIED: Moved by Proft, seconded by Perkins and passed by the following roll call vote to adopt Resolution # 17-84 establishing the Westwind Barn Special Bund. AYES: Mayor van Tamelen and Councilmembers Perkins and Proft NOES: None ABSENT: Councilmenber Hillestad PRESENT: Council*mi1pr Allison 6. Mountain View Landfill Agreement F Allison referred to the 2/21/84 m randun frac City Manager Bruce Liedstrand of ` Mountain View concerning the proposed acquisition of Ferrari Landfill. Allison made the following points: 1) He found Mr. Liedstrand's memorandum offensive; 2) He asked the City Manager to remind Mountain View that the Town had a contract for capacity at the site; and 3) The Town had very little choice but to agree with the Principles of Agreement; however, arider should be added that concerns are still outstanding. MOTION SECONDED AMID CARRIED: Moved by Proft, seconded by Perkins and passed by the following roll call vote to approve the Principles of Agreement for the proposed aogui.sition of the Ferrari landfill site and authorize the Mayor to execute said agreement. AYES: Mayor van Tamelen and Councilmenbers Perkins and Proft NOES: None ABSENT: Councilummber Hillestad PRESENT: Councilmenber Allison 7. LaPaloma Drainage Study MOTION SECONDED AMID CARRIED: Moved by Proft, seconded by Perkins and passed unani- mously by all members present to accept the La Palcma Road Drainage Study dated 2/16/84 and to notify the interested residents that copies of the report were avail- able at Tuan Hall. 7.77 CITY COUNCIL MEN= - March 7, 1984 E. UNFINISHED BUSINESS: (continued) 7. Report on Solid Waste JPA Fund The City Manager stated that the balance in the JPA Surcharge Fund .was $34,437.16. PASSED BY CONSENSUS: To direct the City Manager to prepare a staff report on the realistic estimate of staff time related to the JPA Surcharge Fund. B. Computer/Accounting Services The City Manager presented her report dated 3/5/84 which included the recamendation that Council authorize entering into an agreement with Atherton, establishing a contract with an accountant and hiring a part-time clerical employee. Nan Fuhrmen, Chairman-Financo Committee , recommnended a study session be scheduled for next week to consider all the alternatives; there were too many variables which had not been fully explored. Louise Dronkert, 27431 Black Mountain Road, agreed with Mrs. Fuhrman but suggested the time frame was too short. She understood fron the study session on 2/23/84 that a more complete report would be made at a later date. The staff report before them was dated 3/5/84 and there had been no opportunity for review. MOTION SEcoNEED AMID CARRIED: Moved by Allison, seconded by van Tamelen and failed by the following roll call vote to adopt option four in the 3/5/84 staff report, specifically, direct staff to initiate continuing the bookkeeper position on the manual system and obtain the services of an accountant for overview and more difficult procedures and seek further information regarding computers desirable for the Town's needs. AYES: Mayor van Tamelen and Councilmenber Allison NOES: Councilmembers Perkins and Proft ABSENT: Councilmember Hillestad MOTION FAILED DUE TO LACK OF A SEDDND: Moved by Proft to continue consideration of item E.8 to the next Council meeting. Council discussed the various options before them regarding canputer/accounting services. Perkins and Proft stressed they felt it was time to change toward more adequate bookkeeping with the Atherton system used as a norm when considering other options. Allison was not convinced that the reconuen3ation stated in the staff report reflected the most cost effective method or the one of most utility to the Town. He mentioned the following alternatives: bookkeeping and a ,u.sion of a small computer system. Van Tamelen agreed with the computer system but felt the other options should be explored. In response to a question from the City Manager regarding staff looking into the possiblity of microcomputers, the Council stated that this was not their request; those who were posing the options to a computer system should provide the data. MOTION SEXIDMIDED AMID CARRIED: Moved by Perkins, seconded by van Tamelen and passed by the following roll call vote to direct the City Manager to continue a search for a part-time accountant and to authorize the Mayor to sign said agreement. AYES: Mayor van Tamelen and Councilmmembers Perkins and Proft NOES: Councilmember Allison ABSENT: COuncilizember Hillestad -6- CITY COUNCIL MEZ= - March 7, 1984 E. UNFINISHED BUSINESS (Continued) : M7TION SE=MED AMID CARRIED: Moved by Pmft, seconded by Allison and passed unanimously by all menbs present to schedule an Adjourned Regular Meeting for. 3:30 p.m. on Thursday, March 15, 1984 to discuss the Canputer/Accounting Services and to review at that time any additional information from the Finance Committee. F. SPECIAL REPORTS: 1. Reports from Standing Committees: a) Camnmity Relations Crnmittee: Edward Barnes, Chairman - Community Relations Committee, noted that Dial -Agenda was ready to be put in place and could start with the first meeting in April. Allison suggested, if possible, even starting with the March 21, 1984 meeting. Mr. Barnes noted that the Town Crier had agreed to do an article on the subject and the San Jose Mercury and Peninsula Times Tribune had also agreed to provide coverage. In response to a question from Mr. Barnes concerning giving an overview of sore of the longer agendas, it was agreed that the City Attorney would give guidance to the cmmittee regarding this request. Mr. Barnes further co vented that they had received an application from a very qualified and interested resident who would be willing to act as editor of the loan's newsletter. Mr. Barnes asked Council to consider agreeing to increasing the nunber of the Canmmity Relations Carmiitearembers by one for a total of eight. kMOTION SECONDED AMID CARRIED: Moved by Allison, seconded by Proft and passed unani- mously by all meibers present to approve the increase of Cammmity Relations Conmittee- members to eight. 2. Reports from Ad Hoc Coimnittees: a) Heritage Preserve Comnittee: Perkins reported that substantial donations were being received and were being stored at the Facilities Barn. At the next Council meeting a proposal would be submitted for an exhibit and fence at the preserve. b) Cable TV - James Reynolds Allison presented the report on Cable TV on behalf of Mr. Reynolds. He noted that the many receiving the franchise for los Altos would most likely be interested in providing cable tv for at least a part of Los Altos Hills (the high density area). c) Town Hall Clean Up Cammittee van Tammelen reported that a meeting had been held with the painter and the project would begin in 2-4 weeks. Color samples were available for review and selection. KYPION SECONDED AND CARRIED: Moved by Ailison, seconded by van Tamelen and passed unanimowly by all members present to appropriate $200 to the Tann Clean Up Committee, 4 said funds to be appropriated from the unappropriated funds of the Town. 3. Reports from the Planning Commission: none -7- CITY ODUNCII, MINWE'S _ March 7, 1984 ((, F. SPECIAL REPOWS (continued) : fur 4. Cements from the Council: a) Mayor van Tamelen: AnnouncaDant of ICC neeting on 3/8/84 - Los altos Hills is the host city. b) Mazy van Tamelen: reported she had received a letter frau Supervisor Morgan noting two informational meetings were scheduled for 3/15 and 3/29 concerning transportation (Highway 85 alternatives) in Santa Clara County. c) Mary van Tamelen: requested status report on unauthorized newspaper boxes being placed in Town and reported she had received a request frau the Boy Scouts to collect newspapers at Tuan Hall one Saturday a month. The City Manager responded that the source of the unauthorized newspaper bones was being investigated. PASSED BY CONSENSUS: To .direct the City Manager to reach an agreement with the Boy Scouts for a one day a month newspaper drive at T1own Hall, with the stipulation that clean-up responsibility would be theirs. d) Mazy van Tamelen: requested clarification of the notification process for Site Development Meetings in response to a letter frau a resident The City Manager responded that it was a courtesy and not a legal requirement to ` notify the neighbors. The resident had been notified of this procedure but it was Ar also pointed out that her name had inadvertently been omitted from the courtesy list. e) Mayor Pro Ten Allison: Request for nonparative analysis of LAGCO rates Allison clarified .his earlier request regarding LAGCO rates. In response the City Manager reported he would be receiving the information within the week. mNU)u ••r4 mkolmog LN W -' n �a is 1. City Manager: a) Project List Council suggested sane priortizing and potential timeframes for projects on the list before them dated 3/2/84. Allison suggested a date be given to each project. The following items were added to the list: 1) PG&E reimbursement regarding the Matadero Creek Subdivision and 2) Notification Procedure for site development, subdivisions. b) Budget Transfers: TheCityManager referred to her report dated 3/2/84 which included the budget transfers under discussion. She noted that on page two the revenue sharing allocation to the Town would be $32,242. This number was not available when the report was prepared. 8- CITY CWNCIL MIN= - March 7, 1984 G. STAFF - REPORTS, CDRRFSPCNDENCE AMID ANNOLPK EMENl'S: continued Perkins asked Mly a Matadero Creek Fund had been established. The City Manager resonded that it was necessary to establish said fund because the obligation went beyond the fiscal year. While this was correct, Allison stated he did not know why the fund was still current. MOTION SEMOED AND CARRIED: Moved by Proft, seconded by Perkins to approve the budget transfers as listed in the 3/2/84 staff report with the amended revenue sharing figure included. 2. City Engineer: a) Tuan .Ring - Purissima Road The City Engineer presented his staff report dated 2/29/84 and the letter from the Horseirens' Association dated 1/12/84 concerning the rehabilitation and upgrading of the Town Ring on Purissima Road. For the work being proposed the City Engineer estimated approximately $3,500 for materials and $3,000 for labor. In response to a question fran the City Manager, the City Engineer responded that it should be under $1,000 to prepare the drawings for the project. The City Manager noted that this costs would have to be included in the omplete cost of the project. Robert Stutz, President, I-orsemens' Association, stated he did not know of any engineers who were members of the Association could provide these services and further pointed out that in his opinion this should be the responsiblity of the Tann. The City Manager pointed out that several requests for projects were before the Town and it was inportant to view the whole picture of emen itures. In response to a query .from Louise Dronkert, 27431 Black Mountain Road, regarding pathway funding, the .City Manager noted that there were certain in -lieu funds which could only be spent on certain projects in the Torun. The legal guidelines must be followed. MJTION SEMMIDED AMID CARRIED: Moved by Proft, seconded by Allison and passed unani- nmusly by all members present to request staff to prepare a financial addendun to the report dated 2/29/84 which addend= would include what requests for fading were before the Tom, what requests for funding might be made in the near future and what funds were available. Council further requested this iter be continued to the next Council meeting pending additional infornation. H. NEW B[SD SS: 1. Appointment to Community Relations Camnittee: MY7TION SEOONDED AMID CARRIED: Moved by Proft, seconded by Perkins and passed unani- mously by all menbers present to appoint Mr. Myron Myers to the Commnity Relations Committee. 2. Resolution # endorsing Measure A (moved to beginning of meeting) 3. Request for aurtiorization to hire an engineering consultant to develop an RFP for Altamont Drainage Study MOTION SEaWED AMID CARRIED: Moved by Proft, seconded by Perkins to authorize staff to enter intoa contract with a consulting engineer to prepare an RFP at a cost not to exceed $250. -9- = COUNCII. Mra= - March 7, 1984 H. NW BUSIWZS (continued) 4. Yoshida versus Nystrom The City Attorney reported that on 2/21/84 the Superior Court denied Mr. Nystrom's request for permission to file a cross-caplaint for indenmity against the 7bwn. The Court also dismissed the second lawsuit filed against the Town by Dr. and Mrs.. Yoshida. The City Attorney further noted that the only area in which the Town was still a party in this lawsuit involved the claim that the Tom violated the civil rights of Dr. and Mrs. Yoshida. Mr. Hanley, representative of the Twin's insurance carrier, will attempt to have this claim also dismissed at the appropriate time. 5. Yoshida versus Nystrom M)TI(N SDCOAIDID ASID cmuuM: Moved by Allison, seconded by Proft and passed unani- mously by all members present to adopt the following minute order: The Town refuses to provide a defense for Edward Murphy pursuant to Section 995.2 of the Government Code having determined that the alleged acts of Mr. Murphy were not within the scope of his e ployment; Mr. Murphy acted or failed to act because of actual fraud, corruption, or actual malice; and the defense of the action or proceeding by the Town would create a specific conflict of interest between the Twin and Mr. Murphy, the conflict being both adverse and pecuniary interests. I. CLAS® SESSION• The City Council then adjourned to closed session for personnel at 11:15 p.m. and 16 reconvened at 12:05 a.m. J. ADJOUfiIA'IELH': n There being no further new or old business to dicuss, the City Council adjourned at 12:05 a.m. to an Adjourned Regular Meeting on March 15, 1984 at 3:30 p.m. Respectfully submitted, Patricia Dowd, City Clerk -10-