HomeMy WebLinkAbout07/20/1983CITY COUNCIL
TOWN OF IDS ALTOS HILLS
E 26379 Frownt Road
Los Altos Hills, California
MINUTES OF A REGULAR MEETING
Wednesday, July 20, 1983
co: Reel 145, Tr. II, Side II, 205 -end
Mayor van Tamelen called the Regular Meeting of the City Council to order at 7:10 p.m.
in the Council Chambers at Town Hall.
A. ROLL CALL AND PLEDGE OF ALLEGIANCE:
Present: Mayor van Tamelen and Councilmenbers Allison, Hillestad and Proft
Absent: Councilmanber Perkins
Staff; City Manager Ann Hinshaw, City Attorney Frank Gillio, City Planner
John Carlson and City Clerk Pat Dowd
Planning
C�: Jean Struthers
Press: Florence Pallakoff, Los Altos Town Crier; Ed Hering, San Jose Mercury;
Mary Duer ld, Peninsula Times Tribune
PLANNING CaMMISSION INTERVIEWS:
Incunbent Planning cmssion menbers, Judith Carico and Michael Kuranoff, inter
viewod for the vacancies on the Comnission crested by the expiration of their
terms.
MOTION SEWNDED AMID CARRIED: Moved by van Tamelen, seconded by Hillestad and
passed unanimously by all menbers present to reappoint Judith Carico and Michael
Kuuanoff to the Planning Camiission for four-year terms.
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Council discussed the Architectural Camuittee which had been established for
the Matadere Creek Subdivision. It was suggested that two Councilnarbers be
appointed to enforce the CC&Rs of the subdivision. It was agreed that the City
Attorney would review the legal aspects of the uenbership of such an Architectural
Ca ttee and would present a report at the next Council meeting.
C. OONSENT CALENDAR:
Iters Reroved: C.1 - July 6, 1983 (Allison), July 12, 1983 (Proft); C.2 (City
Manager; C.3a) and b) (Proft)
MOTION SECONDED AMID CARRIED: Moved by Proft, seconded by Allison and passed unani-
musly by all mmbers present to approve the balance of the Consent Calendar,
specifically:
`r 1. Approval of Minutes: July 5, 1983
CITY COUNCIL MDNUPFS - July 20, 1983
C. SENT CALENDAR (continued) :
�4w 4. Resolutions for Adoption:
a) Resolution #1563 setting the time and place of a public hearing to
consider all objections or protests to the proposed adoption of the
Palo Alto Sewer Service Charge Final Report
b) Resolution #1564 declaring an energency and directing repair or
restoration of Town streets and drainage facilities during the 1983-84
fiscal year
C) Resolution #1565 approving and authorizing execution of agreement
for audit services between the City of the Town of Los Altos Hills and
George P. DeLucchi and Associates
Councilwoman Hillestad abstained from voting on the July 5, 1983 minutes since
she was not present at that meeting.
Items Removed:
1. Approval of Minutes: July 6, 1983 and July 12, 1983
MWION SECONDED AMID CARRIED: Moved by Proft, seconded by Allison and passed unani-
mously by all members present to approve the July 6, 1983 minutes with the
following amendnants: Page 3, Item C.b)-e), first motion to read ". .to seek
possible reimbursement of monies spent on suits that are dismissed, withdrawn or
found to be in the Town's favor."; Page 3, Item D.3, Delete the following sentence,
"No action had been taken on this suggestion." and add the following, "Council
asked the Planning Ccumission to proceed with the preparation of a written recc m
dation on the establishment of a qualified subcounittee on landscaping matters.
Page 4, Item D.b) amend motion to read ". .to direct Councilman Allison to
prepare a financial status report on the subject."; Page 4, Item D.S. add the
following to Mr. Saul's cannants: "Allison asked the City Manager to follow through
on Mr. Saul's suggestion concerning Page Mill Road and contact the City of Palo
Alto for possible financial support in correcting the problems.
Councilwtm Hillestad abstained from voting on the July 6, 1983 minutes since
she was not present at that meeting.
MYPION SF,C(WRD AND CARRIED: Moved by Hillestad, seconded by Proft and passed
unanimously by all members present to approve the July 12, 1983 minutes amended
as follows: Page 4, Item F.1 add the following roll call vote: AYES: Mayor
van Tamelen and Councilmanbers Allison and Perkins, NOES: Councilman Proft;
ABSENT: Councilwoman Hillestad.
2. Approval of Warrants: $59,351.30
The City Manager requested warrant #9458 be removed for additional review and
Councilmen Allison requested warrant #9466 be renoved as a possible duplication of
payment. In addition it eras consensus of Council that the phone bills for the
Ton's barn be shown separately from those of Town Hall.
�,. KnION SECONDED AMID CARRIED: Moved by Allison, seconded by Hillestad and passed
unan;nr, ly by all members present to approve the warrant list with the deletion
of warrants #9458 and 9466.
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CITY CDDNCIL MIN[RT'S - July 20, 1983
C. CONS= CATODAR (continued)
`. 3. Time Extension Retluests:
a) Request for one-year extension for Tentative Map Approval, LANDS OF
TAAFFE, File TM #16-80
Proft asked for clarification of the expiration date of the above -referenced
Tentative Map and it was noted that a request had been made by the applicant at
an earlier date for an extension.
NDTION SECONDED AMID CARRIED: Moved by Proft, seconded by Allison and passed
unanimously by all nimdrers present to approve a one-year extension for Tentative
Map Approval, LANDS OF TAAFFE, File TM #16-80.
b) Request for one-year extension for Tentative Map Approval, LANDS OF
TAAFFE, File TM #14-80
It was rated that the Tentative Map referenced above had been approved by the
City Council on August 5, 1981.
MOTION SE03MIDED AND CARRIED: Moved by Proft, seconded by Hillestad and passed
unanimously by all members present to approve a one-year extension for Tentative
Map Approval, LAMIDS OF TAAFFE, File TM #14-80.
D. SPECIAL RETORTS:
1. Reports fran Standing Cannittees: none
2. Reports from Ad Hoc Canmittees: none
3. Reports from the Planning CmudssiOn:
Commissioner Struthers reported that a field trip had been scheduled for 7/27/83
to review the drainage on La Palate and further camiented that wording for an
interim ordinance on antennas would be discussed at the next Planning Ccmission
meeting.
4. Comtents fon the Council:
a) Mayor van Tamelen - announcaTent of National Clean Week
PASSED BY CONSENSLS: to proclaim the week of August 7-14, 1983 as 'National Clown
Week'.
b) Mayor Pro Ten Allison - Solid Waste Managenent Board
Allison presented an overview of discussions at the Board Meeting of 7/20/83
which included the following: 1) election of officers - lolowwries Wulfhorst,
Chairman; Rebecca Morgan, Vice Chairman; 2) adoption of anendhnent whereby no
final action would be taken on any item that was not agendize3; 3) adoption of
an employee cagrensation package; 4) Resolution adopted try the Los Altos Hills'
Council in April concerning amending the JPA Agreenent to permit withdrawal of a
party upon payment of a share of project feasibility reports costs was not seconded
5) Hoard directed Chairman to contact the City of Mountain View to discuss possible
cooperative approaches to the matter of solid waste. Allison also noted that
meetings had been arranged the following week at Town Hall to discuss the options
of Kirby Canyon and Neuty Island.
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CTTy COUNCIL M MMS - July 20, 1983
D. SPECIAL REPORTS (continued) 4. Conments from the Council (continued:
`. c) Renovation of Tann Hall
van Tamelen referred to the cmmittee which had leen established to work on a
plan for improving the physical aspects of Tuan Hall. van Tamelen noted that
if anyone had any su g stions for an interior designer who would be willing
to work on this committee, to please let her know.
5. Presentations from the Floor:
and Mrs.
Alice
Council concerning the issue of fire retardant roofing. They expressed serious
concerns about the impact of the ordinance in effect at the present time and
asked Council to schedule a discussion at'a future Council meeting to reevaluate
the ordinance, reports and concerns of certain residents.
MOTION SECONDED ABED CARRIED: Moved by Hillestad, seconded by van Tamelen and
passed unanimously by all members present to schedule a public discussion on
Ordl nco #269 (fire retardant roofing) for August 17, 1983 and to request all
background materials on subject to be submitted by the los Altos Fire Protection
District and the Los Altos Fire Chief to be on hand no later than 7 days prior
the public discussion.
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1. City Manager:
a) Budget Transfers:
MOTION SEOSIDED AMID CARRIED: Moved by Proft, seconded by Allison and passed
una imusly by all members present to approve the following budget transfers:
$6,680 from General Fund to Equipment Fund; $97,941 from General Revenue
Sharing Find to General Fiord and $101,475 from Gas Tax Fiord to General Fund.
It was further approved to establish a special fund for JPA monies and to
transfer from the General Fund to the JPA Find said monies.
b) CHAC
MOTION SECONDED AND CARRIED: Moved by Proft, seconded by Hillestad to continue
approval of CHAT; funding until all budget figures are on band to evaluate financial
status.
C) Antennas - building coverage
The City Manager reported that at the 7/13/83 Planning Cannission meeting it was
agreed to develop an interim ordinance concernang placement of antennas. Proposed
new wording would be discussed at the 7/27/83 Planning Caimission meeting and
would then be sent to the City Attorney for drafting.
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CITY COUNCIL MINums - July 20, 1983
p E. STAFF - REPORTS, CoRRESPOMENCE AM ANNOUNCE24MS (continued):
1. City Manager (continued):
d) Landscaping and grading on Tanpleton Place
The City Manager reported that Travice Whitten, Acting City Engineer, had
reviewed this matter and it was noted that the loose fill materials would
be raroved prior to the winter rains.
Mr. Franks, 25141 Templeton Place, hoped this would resolve the problem. It
was furthers stated that staff would follow up the end of August to be sure
the matter had been taken care of.
e) Lot #10 - Matadero Creek Subdivision
The City Engineer noted that a letter had been received frau Nowack and Associates
regarding the grading on Lot #10 at Matadera Creek. In response to a request
frau Council, the City Engineer noted that he would inquire of Mr. Nowack what
was meant by the cording 'substantially in conformance' and would report back to
Council at a later meeting.
f) Report on tractor/backhoe
The City Manager withdrew her recamEndation as stated in her 7/15/83 staff report
because of new developments concerning the tractor/backhoe. Additional costs
were being evaluated and an amended staff report would be on the next Council agenda.
g) Report on drainage at 25541 West Fremont Road
The City Engineer presented the report which had been prepared by Travice Whitten,
Acting City Engineer. The report included the following recmTw dations: for a
permanent solution - a consulting engineer to study the entire drainage basin and
for a temporary solution - construction of a landscaped berm around the structure.
Mr. William Hart, 25541 Altanbnt, joint owner with Mr. Stock of the property in
question, presented a brief historical background of the drainage problems involved.
Jean Struthers, 13690 Robleda, commented on the flooding at Robleda and Fremont
last winter and stated that she was not sure Adobe Creek could handled any
additional water.
moTION SECONDEO AND CARRIED: Moved by Proft, seconded by Allison and passed
unanimously by all nxffnbers present to obtain an opinion from the City Attorney
on the rights and responsibilities of the Tom and the property owners concerning
the property in question and to continue the matter to the next Council meeting.
Allison asked that the Acting City Engineer, Travice Whitten, be present at the
next meeting since he had prepared the staff report and Allison also requested that
the issues of who's problem it was and how it should be addressed be specifically
addressed at thtLt meeting.
L h) Stour Damage
V The City Manager reported that the crew was finishing clearing Barron Creek and
the next creek project would be Adobe Creek. The homecwners were being notified
where the Town did not have easements and the Water District had been asked to
clear their easements. Minor street repairs had been begun and a schedule should
be received from the crew within a week.
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CPM CO=II. MIIMES - July 20, 1983
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1. City Manager (continued)
i) Sources of Revenue
The City Manager reported that with the Matadero Creek revenues the Town might
break even if there were no unforeseen problems during the year; however, this
would include no reserves and no repayment to the Town funds. In addition
revenues the Town expected to generate would be received during the entire
year; however, substantial expenditures were required in the near future. The
following included possible sources of revenue: 1) occupational tax; 2) special
tax (City Attorney to investigate possibility of consolidating with Decenber
special election); 3) loan, possibly using the five Matadero Creek Subdivision
notes as collateral; 4) Selling of the Matadero Creek Subdivision Notes; 5) utility
users tax; and 6) reevaluation of Town's fees and charges.
Donald Spencer, 27490 Sherlock Road, suggested different taxes in Tuan based upon
the various values of the hones. Mr. Spencer was informed by Council that the
Town was prohibited from imposing such taxes.
MOTION SECONDED AND CARRED: Moved by Allison, seconded by Hillestad and passed
by the following roll call vote to adopt Resolution #1566 setting the time and
place of a public hearing concerning a proposed special real property tax for
streets and drainage.
AYES: Councilmerbers Allison, Hillestad and Proft
NJES: Mayor van Tamelen
ABSENT: Councilman Perkins
2. City Attorney:
a) R�ndation concerning joining lawsuit as friend of the court
The City Attorney referred to the case of Kershaw vs. the City of Berkeley in
which the attorney's fees were awarded to the City upon a decision in favor
of the City. The City Attorney suggested entering the case as a friend of the
court to demonstrate that other cities were concerned with the same problem.
NOTION SECONDED ANID CARRIED: Moved by Allison, seconded by Proft and passed unani-
mously by all menbers present to authorize the Town to enter the case of Kershaw
vs. City of Berkeley as a 'friend of the court'.
SPECIAL ORDERS:
1. Public Hearing (continued from 7/6/83 meeting)
a) Resolution # adopting an appropriation limit for 1983-84
NOTION SEODNDED AND CARRIED: Moved by Allison, secanded by Prot and passed unani-
mously by all nembers present to continue this item to the first meeting in
September.
CITY NUNCIL MINOTES - July 20, 1983
F. SpE AL ORDERS (continued):
`, 2. Resolution # suspending collection of a surcharge of rates for garbage
collection and disposal services.
MOTION SECOMED NU CARRIED: Moved by Proft, seconded by Hillestad and passed
unanimously by all members present to suspend collection of a surcharge of rates
for garbage collection and disposal services.
Allison questioned what should be done with the surplus funds which the Town had
already collected (approximately $30,000). Allison stated that a policy decision
was needed by Council but van Tamelen suggested waiting until the information was
available from the Solid waste Management Board and the decisions regarding the
JPA.
PASSED By OONSINSUS: To reconsider use of the $30,000 reserves after the October
meeting of the Solid Waste Management Board and the cities decisions regarding the
JPA.
Sherlock Court - correspondence from Mr. Janssen
Reference was made to Mr. Jansson's letter stating that an undeveloped parcel of
land on Sherlock Court was being used by the owners as a refuse site. The Acting
City Engineer, Travice Whitten, bad prepared a staff report which noted that
there appeared to be no violation of existing grading ordinances but there may be
a minor violation of the Code concerning the depositing of any garbage, refuse
or swill on private property. van Tamelen asked if there were contour maps avail-
able. The City Engineer mmiented that he would have to check the records and
report back to her.
David Jonsson 27440 Sherlock Road, expressed his gratitude that the Town was
willing to look intra this matter. Re and the neighbors were very concerned about
potential fire hazards on the property in question.
Donald Spencer 27490 Sherlock Road noted that he surrounded the property in
question and there had definitely been grading violations; at one time grading
had been done ten feet from his property line.
PASSED By coNSENSUs: Regarding APN 182-29-31 to direct the City Manager to take
pictures of parcel and to notify the neighbors they should alert Torun Nall of
grading activity; if it has been determined there has been a violation, to direct
staff to notify oroperty owners to rerove debris within a specified period of
time or Town will rem it and the owner will be billed; flag parcel for future
subdivision request and write letter to owrws asking what grading, if any, has
taken place on the parcel.
2. Lands of Melchor, Tract #7010
MMON SECONDED AND CAuurcn: Moved by Proft, seconded by Hillestad and passed
unanimously by all members presentto continue Lands of Melchor, Tract #7010,
resolution accepting certain improvements to the next Council meeting.
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CITY COUNCIL MnAUES - July 20, 1983
G. GENERAL ORDERS AMID UNFINISHED BUSIIVESS (continued)
`. 3. July 25, 1983 - Study Session - Cable TRI
Allison asked that if Council had any specific questions regarding cable TV
they be referred to Frank Verlot or Jim Reynolds before the meeting on the 25th.
H. NEW BUSINESS:
1. Pequest from the Los Altos Fire Department for Council authorization to
remove fire hazards on certain properties within the Town.
MOTION SECONDED AND CARRIED: Moved by Proft, seconded by Allison and passed unani-
mously by all menbers present to authorize the removal of fire hazards on those
properties listed in the July 7, 1983 letter from the Assistant Ens Altos Fire
Chief to the City Manager.
MOTION SECONDED AMID CARRIED: Moved by Proft, seconded by Hillestad and passed
unanimously by all numbers present to authorize the City Manager to have the
following Torun -awned properties properly disced for fire hazards: Tann Hall,
Lot 15 Matadero Creek Subdivision, Byrne Park Preserve, Property bounded by
O'Keefe and 280, Moody Spring Court and Rhus Ridge.
2. Peninsula Division Meeting - July 28, 1983
PASSED BY 03MSENSUS: To approve Councilman Allison's attendance at the 7/28/83
meeting of the Peninsula Division
3. League of California Cities - Annual Conference - October 1983
MOTION SECONDED AND CARRIED: Moved by Proft, seconded by Allison and passed
unanimously by all miners present to name the Mayor and Maly Pro Tan as voting
delegates to the annual conference of the IOCC.
MOTION SECONDED AND CARRIED: Moved by Allison, seconded by Proft and passed
unanimously by all numbers present to approve the City Manager's attendance at
the annual conference of the LOOC.
4. Jesuit Retreat - Ids Altos - Proposed Development
van Tameled ccnmented on the importance of the Town being kept up-to-date on
the above mentioned proposed development.
PASSED BY CONSENSUS: To appoint Planning Commissioners Judith Carico and Jean
Struthers to cork with Los Altos on the issue of the proposed development at the
Jesuit Retreat and to keep the City Council informed of any developments.
I. CLOSED SESSION•
The City Council then adjourned to Closed Session for personnel and litigation
at 10:40 p.m. and reconvened at 12:10 a.m.
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CITY OaMIL MIN[A'ES - July 20, 1983
M TION SECCNDED AND CARRIED: Moved by Proft, seconded by Allison and passed
unanimously by all members present to adopt Resolution #1568 setting the time
and place of a public hearing to consider all objections or protests to the
proposed adoption of the los Altos Sewer Service charge final report.
ADJOURNMENT:
There being no further nea or old business to discuss, the City Council adjourned
at 12:15 a.m. to an Adjourned Regular Meeting on Monday, July 25, 1983 at 7:30
p.m.
Respectfully submitted,
Patricia Dw.d, City Clerk
m