HomeMy WebLinkAbout03/07/1983CI'T'Y COUNCIL
'rW TUN OF IAS ALTOS HILLS
26379 Fremont Road
Los Altos Hills, California
MINUTES OF AN ATITouF= REGULAR MEETING
Monday, March 7, 1983
cc: Reel 141, Tr. II, Side II, 720 -end; Reel 142, Tr. I, Side I, 001-643
Mayor Perkins called the Adjourned Regular Meeting of the City Council to order at
7:30 p.m. in the Council Chambers at Town Fall.
:.• .u• •�.n • aefid�;rap
Present; Mayor Perkins and Councilmenbers Allison, Proft and van Tamelen
Absent: Councilwoman Hillestad
Staff: City Manager Ann Hinshaw, City Attorney Frank Gillio, City Planes
John Carlson, Planning Camaission Representative Richard Rydell and
City Clerk Pat Dowd
Press: Florence Pallakoff, Los Altos Town Crier; Mary Duenwald, Peninsula Times
Tribune; Ed Hering, San Jose Mercury
Mayor Perkins presented a Resolution to Planning Commissioner Joseph Dochnahl
gating Mr. and Mrs. Dochnahl's 50th wedding anniversary.
The City Council then adjourned to Closed Session for Litigation at 7:40 p.m.
and reconvened at 7:55 p.m.
1. Matadero Creek Subdivision - Offers on lots and Related Matters
MOTION SECONDED AND CARRIED: Moved by van Tamelen, seconded by Preft and passed
unanimously by all members present to adopt the following groundrules for reviewing
multiple Matadero Creek Subdivision lot offers at the March 7, 1983 Council
meeting: 1. Announce that all buyers were advised that offers were to be presented
by 3:00 p.m. on March 7 to Jackye Polfe at Fox & Carskadon; 2. Announce that an
auction is not to be conducted and consequently bids will not be accepted in con-
formance with Council's action in September; 3. Only written offers will be con-
sidered which have been presented to the Town's real estate agent. Offers from
the floor will not be considered; 4. Buyers may not modify offers at the meeting;
5. The City Council will act to accept, reject or counter on written offers; 6.
The City Council will schedule a meeting date to receive a written counter response
if Council counter offers, if such a meeting is necessary.
MOTION SENfIDID AMID CARRIED: Moved by van Tamelen, seconded by Proft and passed
unanimously by all members present to adopt thefollowing guidelines for multiple
offers on Matadero Creek Subdivision lots received after March 7, 1983: 1. City
Council will hear offers; 2. City Council will consider only written offers pre-
sented by the Town's real estate agent. It is recamiended that both agent and
buyer be present; 3. City Council may accept, reject or counter on offers but
Council reserves the prerogative to take the time it requires to consider any offer
under advisement and determine appropriate action; 4. City Council may include in
its counters a period of time for a buyer to reconsider an offer; 5. City Council
will then schedule an adjourned meeting to receive a response; 6. City Council's
decision to counter will be written.
CITY CDNNCIL MINUr'ES - March 7, 1983
1. Matadero Creek Subdivision - Offers on Lots and Related Matters (continued):
MOTION SECONDED AND CARRIED: Moved by Proft, seconded by van Tamelen and passed
unanimously by all members present to add an escrow date 14 days or sooner after
presentation of an offer submitted without an escrow closing date.
William Brooks, attorney for Mr. James Viso, requested clarification of the
3:00p.m. a ine on Mar 7 or receipt of offers and the manner of notification
which had been followed.
a) Iot #1
Jackye Wolfe, Fox & Carskadon, presented an offer on Lot #1 of $216,500 (all cash
offer), no contingencies and a closing date of March 31. This offer also included
a request that a 50 foot easement the Town had given Purissima Water be removed.
A previous offer which Council had received on lot #1 could not be reconsidered
by Council for the following reasons: 1. the offer was not in by the 3:00 p.m.
deadline and 2. the buyer's agent had no written authority to present an amended
offer to Council.
MOTION SECONDED AND CARRIED: Moved by Allison, seconded by van Tamelen and passed
unanimously by all nembers present to adopt Resolution #1530 accepting proposal
and ordering sale of real property, directing payment of real estate commission,
authorizing execution and delivery of deed, and accepting deed of trust and author-
izing recordation thereof concerning Lot #1, Tract No. 7187, Matadero Creek Sub-
division.
` b) Lots #4 and #7
Jackye Wolfe, Fox & Carskadon, presented an offer on Lot #7 of $186,000 (all cash
offer), no contingencies and a closing date in to weeks. A second offer was
presented of $400,000 (all cash offer) for both Lots 4 and 7, no contingencies
and a closing date of March 11.
MyrION SECONDED AND CARRIED: Moved by Perkins, seconded by van Tamelen and passed
unanimously by all members present to adopt Resolution #1531 accepting proposal
and ordering sale of real property, directing payment of real estate commission,
authorizing execution and delivery of deed, and accepting deed of trust and author-
izing recordation thereof concerning Lots #4 and #7, Tract No. 7187, Matadero
Creek Subdivision.
B. CONSENT CALENDAR:
Items Ra ed: B.1. - 2/16/83 minutes and B.4.a) (van Tamelen)
MOTION SECONDED AND CARRIED: Moved by Allison, seconded by Proft and passed unani-
mously by all members present to approve the balance of the Consent Calendar,
specifically:
1. Approval of Minutes: March 2, 1983
2. Approval of Warrants: $481,834.18
3. Actions of the Planning Commission: rued granting of the following:
L a) LANDS OF FRITZ, File VAR #9-82
5. Proclamations for Adoption:
a) Proclamation for "National Women's History Week"
b) Proclamation for "Deaf Awareness Month"
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CITY COUNCIL MINUTES - March 7, 1983
B. CONSENT CALENDAR: Items Removed (continued)
1. Approval of Minutes: February 16, 1983
M arION SECONDED AND CARRIED: Moved by van Tamelen, seconded by Proft and passed
unanimously by all menbers present to approve the 2/16/83 minutes emended as
follows: page 8, motion concerning Clause 18 - "........The following sentence to
be added: 'For so long as the City Council serves as the Architectural Camiittee,
the Council, by Resolution, may fix and collect a fee f= the applicant to com-
pensate for any services rendered by members of the Tam's Planning or Public works
staff to the Architectural Ccmnittee. Thereafter, the record owners of fifty
percent or more of the lots in this tract may fix and collect a fee from the appli-
cant to canpensate for any supporting staff services provided to the Architectural.
Crnmittee'."; page 3, C.4. add the following after the fourth paragraph - MOTION
FA= DUE TO LACK OF A SECOND: Moved by Allison to direct the City Manager to write
a letter to the Metropolitan Transportation Camnission requesting they include in
the 1983 STIP project development cork for a north county access to Foothill College
directly frau 280; page 3, Item D.la) add the following to the first motion: ". .
for a greater amount of money."
4. Resolution for Adoption:
a) Resolution # expressing opposition to the use of Guadalupe College
as a prison
MOTION SECONDED AND FAILED: Moved by van Tamelen, seconded by Perkins and failed
by the following roll call vote to drop Item 4a) from consideration.
AYES: Mayor Perkins and Councilwanan van Tamelen
NOES: Councilme hers Allison and Proft
It was noted that there were two resolutions on this matter before Council. In
addition to the resolution prepared by the City Attorney, Allison had an alterna-
tive resolution for Council's consideration. van Tamelen stated that she did not
think this was an appropriate issue for Council to consider and vote on. Proft
caanented that, in his opinion, the argt cnts were valid and the Council should
express their support.
MOTION SECONDED AND CARRIED: Moved by Allison, seconded by Proft and passed by the
following roll call vote to consider the resolution prepared by Councilman Allison:
PRESENT: Mayor Perkins and Councilwoman van Tamelen
AYES: Councilme hers Allison and Proft
MOTION SECONDED AMID CARRIED: Moved by Allison, seconded by Proft and passed by the
following roll call vote to adopt Resolution #1532 deploring the actions of the
Camiission on California State Co ermnent Organization and Economy in relation to
the Guadalupe College Site. AYES: Mayor Perkins, Councilmmbers Allison & Proft
NOES: None; PRESENT: Councilwoman van Tamelen
C. STO1M4 PROBLEMS: (AMENDED BY COUNCIL: 3/16/83)
1. Disaster Relief Fund *see page nine
N,_
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CITY COUNCIL MINUTES - March 7, 1983
C. STORM PROBLEMS (continued):
%. 2. E1 Monte Landslide Damage Report - William Cotton
Planner (AMENDED BY COUNCIL 3/16/83)
The City Manager referred to William Cotton's 3/2/83 landslide damage report
which included the following interim measures: 1) patch all cracks in the asphalt
surface; 2) prevent the water issuing from the landslide mass that is located
above the road frau crossing the road; 3) construct an asphalt berm along the
shoulder of the westbound lane of the road; 4) continue to maintain the plastic
covering of the landslide and 5) monitoring of the landslides at least four times
a day. The City Manager reported that presently it was too wet to act on the
recortrendations in numbers 1 and 3; sandbags were being used for item 2 and the
landslides were being monitored although not as frequently when the road was closed.
Concerning Mr. Cotton's recommendation that after the winter season passed, a
geotechnical investigation be copleted for the affected portion of Moody Road,
the City Manager stated that staff would report to Council at a future date with a
recommendation. In connection with E1 Monte, the City Manager futher noted that the
path was closed for safety purposes and she requested public cooperation while the
situation existed.
3. Current Update of Problems:
The City Manager commented that maps were on display in Clambers showing problem
areas in Town. A private bridge has washed out on Franchmont Road and Page Mill
was limited to one lane in certain areas. There was a meeting scheduled next week
with the Flood Control District and meetings had been held with PT&T and PG&E con-
cerning financial assistance with the Page Mill Road repairs. van Tamelen suggested
coordinating efforts with the Public Works Committee for their imput and recomntanda-
tions. van Tamelen also commented that when Town Hall lost power the phones did
not work. The City Manager responded that standby emergency power was being inves-
tigated and Marc Kaufman, member of the Disaster Preparedness Subcammittee, was
investigating options.
D. SPECIAL REPORTS:
1. Reports from Standing Committees:
a) Cammunity Relations Committee:
Edward Barnes, Chairman/Community Relations Committee, reported that the Committee
had received quite a few responses concerning the Town's Parade scheduled for
May 21. Councilman Proft had agreed to coordinate the baseball game. It was agreed
*'mos that a C rl- n binej OWould be held on April 19, 1983attiolridr-t 3m-th- Mayor -and
reception Mayor PmaPaa d*ia-meetanTazeeept±al zL,&dte ix hi for
the purpose of introducing the City Manager to residents of the community. Regarding
the publication of a newsletter, Mr. Barnes noted that $1,000 had been budgeted in
the 1982-83 budget for a newsletter. He had received a bid of $250 for printing a
newsletter and the Committee hoped to have a newsletter mailed the beginning of April.
(AMENDED BY COUNCIL 3/16/83)
mwiw SECONDED AMID CARRIED: Moved by Allison, seconded by van Tamelen and passed
unanimously by all n*nbers present to appropriate $500 for newsletter expenses.
MOTION SDCOMIDED AND CARRIED: Moved by van Tamelen, seconded by Perkins and passed
`, unanimously by all members present to appropriate $100 for miscellaneous expenses
incurred by the Community Relations Committee, i.e. mailings, postage, until a
budget was prepared.
PASSED BY CONSENSUS: To direct the Community Relations Committee to prepare a
policy statement concerning the Town's newsletter.
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CITY Caw= MLLNUI'FS - March 7, 1983
SPECIAL REPORTS (continued):
2. Reports from Ad Hoc Committees:
a) Ad Hoc Finance Committee
Louise Dronkert nxvber/Ad Hoc Finance Committee, presented the recampndation
of their ca mittee for the formation of a Finance Committee to consist of five
public members and two ex -officio embers (a cormcihTemb,er and the City Manager).
The report and recamnendation of the Ad Hoc Finance Committee dated 2/24/83 (on
file at Toon Hall) also listed the objectives of such a finance committee. Mrs.
Dronkert further noted that the objectives of a finance committee were part of
the original charges of the Ad Hoc Finance Cammittee. She loped that any study
sessions on the matter would include the menbers of the Ad Hoc Cammittee and
stressed the importance of a cooperative effort between the City Manager and the
members of a Finance Committee.
Allison presented his recommendation to the Council which included accepting the
Ad Hoc Cammittee's report, and the formation of a standing conmittee on Finance
consisting of five Tann residents. and two ex -officio members, the City
Manager and a Counci]marber to be appointed by the Mayor. Allison's report dated
3/2/83 (on file at Toon Hall) also stated the purpose and charges of such a finance
committee.
Council discussed the two reports before them. Proft did not think it was appropri-
ate for a Commcilmember and the City Manager to be ex -officio madDers. The City
Attorney noted that there did not seen to be any problems with this recacmendation;
however, the City Manager did have a responsibility to produce a budget for Council
review.
MOTION SEODNDED AMID CARRIED: Moved by Allison, seconded by van Tamelen and passed
unanimously by all members present to accept the report from the Ad Hoc Finance
Ccami.ttee and to thank them for all their work on their Aid Hoc Committee.
MOTION SECONDED AMID CARRIED: Moved by Allison, seconded by van Tamelen and passed
by the following roll call vote to establish a standing committee on finance con-
sisting of three ma -bars.
AYES: Mayor Perkins and CouncibmFmbers Allison and van Tamelen
NOES: Councilman Proft
MOTION SECONDED AND CARRIED: Moved by Allison, seconded by van Tamelen and passed
unanimously by all members present to schedule a study session as soon as possible
after the three members of the Finance Committee have been appointed.
b) Report on Los Altos Hills Cable TV Study
MOTION SBOONDED AMID CARRIED: Moved by Allison, seconded by van Tamelen and passed
unanimously by all members present to accept the 2/28/83 report Fran Janes Reynolds
on the Los Altos Hills Cable TV Study.
3. Reports from the Planning Camnission:
Planning Commission Representative Rydell reported that at their 2/23/83 meeting
the Tentative Map for the Lands of Hanson had been received. He further noted
that there were a number of concerns regarding the annual review of the Conditional
Use Permit for Westwind Farms. A field trip had been scheduled for Saturday,
March 12, 1983 at 9:00 a.m. at Westwind to address these issues. Regarding the
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CTIy CDUNCIL MINOPFS - March 7, 1983
D. SPECIAL REPORTS: 3. Reports fron the Planning Commission (continued):
�. subject of secondary family units, Mr. Rydell noted that further discussions would
be held at the next Planning Camdssion meeting which was scheduled for March 23.
4. Presentations from the Floor: none
1. City Manager's Reports:
a) Report on False Alarms
The City Manager presented a staff report dated 2/25/83 on the false alarm ordi-
nance which included a copy of Monte Sereno's false alarm ordinance. The City
Manager camiented on the following differences between the Town's present ordinance
and Monte Sereno's: 1) graduated charges and 2) investigation and notice procedure.
It was the staff's recamiendation that Monte Sereno's concept be adopted with
appropriate modifications and that billings after the third false alarm be estab-
lished on a monthly basis.
MOTION SEODNDED AND CARRIED: Moved by Allison, seconded by Proft and passed unani-
mously by all marbers present to direct the City Attorney to prepare an ordinance
on false alarms as recami nded by the City Manager and to schedule the first
reading of said ordinance for the 3/16/83 Council meeting.
b) State Financial legislation
The City Manager reported on AB28X which would reduce city and county subventions
by $14.1 million. The reduction for Los Altos Hills amounted to $2,445. It was
noted that this was not as much of a reduction for the Town as had originally been
anticipated.
C) Burke and Fremont - Traffic Safety Problem
van Tamelen asked that this matter be referred to the Safety Committee for review
and reconendation. Planning Canmission Rydell noted that a traffic study report
was on file at Town Hall and should be shared with the Safety Committee in reviewing
such situations. The City Manager noted this recamendation would be followed.
MOTION SECONDED ADM CARRIED, Moved by Allison, seconded by Proft and passed unani-
mously by all members present to direct the City Manager to refer certain issues
to the appropriate committees for review and written response to the Council.
d) Financial Audit
The City Manager reported that discussions had been held with Mr. Eshelman con-
cering the release of the Financial Audit. Negotiations were being conducted
regarding the payment for said audit.
MOTION SEODNDED AND CARRIED: Moved by Allison, seconded by van Tamelen and passed
unanimously by all members present to tender $6,500 as full payment for the 1981-82
financial audit.
CITY COUNCIL MMUPES - March 7, 1983
E. STAFF - REPORPS, CORRESPONDENCE AMID ANNDUN 21MWTS: (continued)
2. City Engineer:
a) Sewer Capacity Study: Adobe Lane/Moody Fuad Service Area
Due to a possible conflict of interest, Proft removed himself from consideration
of this matter.
The City Engineer referred to his 2/25/83 staff report which included the
following recommendation: that the City Council instruct the subdivider for
the Rancho Murietta and Tanglewood Subdivisions to install approximately 175'
of a 6" VCP sanitary sewps parallel to an existing main in Adobe Lane at 25463
and 25445 Adobe Lane at a cost of approximately $5,900. It was also noted that
the reimbursement agreement with Gerard and Lambert, Inc. was presently being
reviewed by Mr. lambert and the Tom.
MMON SECDNDED AM FAIIM: Moved by Allison, seconded by van Tamelen and failed
by the following roll call vote to rescind the requ renent that a parallel sewer
be installed in Adobe Lane and direct staff to cane up with an equitable plan
to reimburse Mr. Lambert for the improvements already installed and a permanent
solution to the Moody Road sewer requirement.
AYES: Councilman Allison
LADES: Mayor Perkins and Councilwoman van Tamelen
Council discussed the number of lots presently connected, capacity and long-
range solutions to the problem as opposed to short-range solutions. Allison
was in favor of a long-range solution; he did not think there was an immediate
problem (Adobe Lane could handle present development). van Tamelen agreed
with the installation of the parallel line noting that this action did not
preclude following up on a long-range solution to the situation. The City
Manager noted that perhaps a study session could be scheduled to investigate
the establishment of an assessment district as a long-range solution.
Pl7TION SBMMED AND CARUM: Moved by Perkins, seconded by van Tamelen and passed
by the following roll call vote to direct the City Engineer to instruct the sub-
divider for the Rancho Murietta and Tanglewood Subdivisions to install approxi-
mately 175' of a 6" VCP sanitary sever parallel to an existing main in Adobe Lane
at a cost of approximately $5,900.
AYES: Mayor Perkins and Councilwoman van Tamelen
NOES: Councilman Allison
For the record, Allison stated that he voted against this nation because in his
opinion, based on the record, Council had approved unnecessary improvements to
a sewer system that should never have been installed in the first place.
Na TioN sFxo= AND CARRIED: Moved by van Tamelen, seconded by Perkins and passed
by the following roll call vote to concur with the following method of payment to
Mr. Lambert: Gerard and Lambert will construct the parallel line when movies in the
amount of approximately one-half of the estimated cost of said line ($5,900) are
` available. The balance will be reimbursed in accordance with the adopted reimburse -
kr meet agreement.
AYES: mayor Perkins and Councilwoman van Tamelen
NOES: Councilman Allison
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CITY COUNCIL MINUTES - March 7, 1983
F. SPECIAL ORDERS:
11 1. Public Hearing:
a) Williamson Act Contract - petition requesting cancellation of Kinkead
Williamson Act Contract (continued to March 16, 1983 Council Meeting
at request of applicant)
MOTION SECOMED AND CARRIED: Moved by Proft, seconded by van Tamelen and passed
unanimously by all members present to continue Williamson Act Contract - petition
requesting cancellation of Kinkead Williamson Act Contract to March 16, 1983.
2. Resolution # approving a further "amendmnt to declaration imposing con-
ditions, covenants, restrictions, easements and agremments" upon Tract No. 7187,
entitled "Matadero Creek Subdivision", and authorizing execution and recordation
thereof.
MOTION SECONDED AND CARRIED: Moved by Allison, seconded by Proft and passed unani-
mously by all mebers present to adopt Resolution #1533 approving a further "amend-
ment to declaration imposing conditions, covenants, restrictions, easements and
agreements" upon Tract No. 7187, entitled "Matadero Creek Subdivision", and author-
izing execution and recordation thereof.
G. GENERAL ORDERS AND UNFINISHED BUSINESS:
1. Dr. Nancy J. Cross - transportation developnent - I280 and Foothill College
` MOTION SECONDED AND CARRIED: Moved by Allison, seconded by van Tamelen and passed
unanimously by all members present to concur with the request that the Metropolitan
Transportation Canmission include in the 1983-84 RTIP a feasibility study for a
project to construct on and off raxps to Interstate 280 in Los Altos Hills north
of E1 Monte Road, including bus turnouts and multimode transfer facilities.
2. Town Radios
The City Attorney reviewed his recent mmio on the subject of the Town's radios
which included a record of order and delivery dates. It was noted that the
original purchase agreem nt had been changed to a lease/purchase agreement. At
that time a financing problem occurred between the delivery of the equipment and
the change to a lease/purchase agreement. It was further noted that Associated
Capital Managmnent was a wholly awned corporation of Motorola.
MI71'ICM SECUMIDID AND CARRIED: Moved by Allison, seceded try van Tamelen and passed
unanimously by all members present to direct the City Manager to meet with Mr.
Zabor of Motorola and Associated Capital Management to solicit proposals frau each
of them for a more equitable agreement.
H. NEW BUSINESS:
1. Appointment to Safety Crnmittee:
MOTION SECONDED AMID CAEU=- Moved by Allison, seconded by van Tamelen and passed
unanimously by all ambers present to appoint John Stefanki to the Town's Safety
i Cmmittee.
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CITY COUNCIL MINUDES - March 7, 1983
H. NEW BUSINESS (continued):
2. Request for change of scale for final map - Paul Nowack
M Ti(DN SECONDED ADID CARRIED: Moved by Allison, seconded by van Tamelen and passed
unanimously by all nKrbers present to approve the preparation of the final map
for lands of Schwarz at a scale of 1" = 60' in order to have the entire map on
one sheet.
The City Council then adjourned to Closed Session for Personnel at 11:10 p.m.
and reconvened at 11:30 p.m.
I. ADJOURN :
There being no further new or old business to discuss, the City Council adjourned
at 11:30 p.m.
Respectfully submitted,
Patricia Dowd, City Clerk
1. Disaster Relief EUnd
M TION SECONDED AND CARRIED: Moved by van Tamelen, seconded by Proft and
passed unanimously by all maibers present to adopt Resolution #1532a
appointing Ann Hinshaw and John A. Carlson as City's authorized agents.
(AMENDED BY COUNCIL 5/18/83)
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