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Home My WebLink About01/20/1982CITY ODUNCIL TOWN OF LOS ALTOS HILLS 26379 Fremont Road Los Altos Hills, California MINUTES OF A REG[ffAR MEETING Wednesday, January 20, 1982 cc: Reel 132, Tr. II, Side II, 265-613 Mayor Proft called the Regular Meeting of the City Council to order at 7:40 p.m. in the Council Chambers of Tom Hall. A. ROLL CALL AND PLEDGE OF ALLEGIANCE: Present: Mayor Proft and Councilm ubers Hillestad and Perkins Absent: Councilmembers McReynolds and Nystrom Staff: City Manager Robert Crowe, City Attorney Frank GilliO, Assistant Planner Pat Webb, Planning Ca,mission Representative Judith Carico and Deputy City Clerk Pat Dowd Press: Lynn Walker, Los Altos Tann Crier B. CNNSENT CALENDAR: Items Removed: B.1 (12/16/81 minutes) (Hillestad); B.3.1) (Perkins) and B. Sa) (applicant) NDTION SECOMED AND CARRIED: Moved by Hillestad, seconded by Perkins and passed unanimously by all narbe-rs present to approve the balance of the Consent Calendar, specifically: 1. Approval of Minutes: DecHmi'.1er 23, 1981 and January 6, 1982 2. Approval of Warrants: $52,149.59 3, Resolutions for Adoption: a) Resolution #1418 rescinding Resolution No. 1412 b) Resolution #1419 of agreement by the City Of the Town of Los Altosof property pursuant to revenue and taxation code Section 99.1 for exchange tax revenues for territories affected by a jurisdictional change resulting in a special district providing service where such service has not been previously provided by any local agency. d) Resolution #1420 authorizing acceptance and exercising of option to purchase sanitary sewer easement in real property, ordering payment Of money, accept' deed and ordering recordation thereof. e) Resolution #1421 approving Tann of Los Altos Hills Minority Business Program and designating the City Manager as minority business enterprise (AIDE) e Liaison Officer. CITY COUNCIL MINUTES - January 20, 1982 ` B. CONSENT CALENDAR (continued): 4. Notion for Adoption: a) Notion setting February 31 1982 as the Public Hearing date for the following Tentative Map application: LANDS OF T01< EIM & GREEN, TM #5-81, Fernhill Drive. 5. Actions of the Planning Cmmission: racocended granting of the following: b) LANDS OF OWIWJOD FARMS, File CUP #8007-75, annual review C) LANDS OF PIN12MD SCHOOL, File CUP #8014-76, annual review d) IANDS OF WESIWIND FAPms, File CUP #8022-77, annual review Items Removed: 1. Approval of Minutes: December 16, 1981 Hillestad requested that the following sentence be added to the first paragraph under Section A: "Mrs. Hillestad, Chairman of the Committee' also thanked the Committee mvnbers for doing an outstanding job for the anniversary year •" MOTION SECONDED AM CARRIED: Moved by Proft, seconded by Perkins and passed unanimously by all members present to approve than minutes of December 16, 1981 as amended. 3. Resolutions for AdcPtion: c) Resolution # approving and authorizing execution of an extension of the Joint Exercise of Pavers Agreement between the City of the Town of Los Altos Hills and the cities of Cupertino, Palo Alto, Los Altos, Mountain View and Sunnyvale Perkins asked what the financial impact would be on the remaining agencies since the County of Santa Clara would not be participating in the Joint Powers Agreement. The City Manager and Hillestad responded that the amount the Town was Presently paying would not change; however, if at a lamer date the County wanted to rejoin, they would have to fund their share. MOTION SECONDED AND CARRIED: Moved by Hillestad, seconded by Perkins and Passed unanimously by all members present to adopt Resolution #1422 approving and author- izing execution of an extension of the Joint Exercise of Powers Agreement alo Awl o en the City of the Town of Los Altos Hills and the cities of Cupertino, Los Altos, mountain View and Sunnyvale. 5. Actions of the Planning Commission: recommended granting of the following: a) LANDS OF GIGLI, File CUP #2-81 Frank Gigli applicant and Jon Lunch applicant's engineer, requested Council con- sider a change in the wO tng of Condition #5 concerning Path ceanections. Sine Council did not have a map before them showing such changes, they discussed con- tinuing this item until they could properly study the applicant's request. MOTION SECONDED AND CARRIED: Moved by Proft, seconded by Perkins and passed unanimously by all members present to continue item 5.a) LANDS OF GIGLI, File CUP #2-81 to the next Council meeting. -2- CITY COUNCIL MINUPFS - January 20, 1982 C. SPECIAL REPORT'S: 1. Reports of Standing Caunittees: none 2. Reports of Ad Hoc Ca ttees: none 3. Reports frau the Planning CcMissiOn: 4. Presentations frau the Floor: Thoms Conlon, 12901 Tripoli Court, addressed recent actions taken by the City ci sPecr rc y ose en on January 14, 1982. Mr. Conlon expressed the opinion that Council had violated sections of the Municipal Code and that the viola- tions of the Municipal Code were under both the enabling ordinance for the Code and the code itself misdemeanor violations of the law. Mr. Conlon further stated his opinion that based on public record McReynolds & Gillio had acknowledged violating the Municipal Code. Andrew Allison, 27360 Nat(na Road, asked several questions of the Council. 1) He a t Co on Pen o reroved fran negotiations with the Sheriff's Depart- ment because of a conflict of interest: 2) Measure A: Does a member' of the City Council, City Attorney or City Manager have any doubt that the Council has the pcwerto establish a public safety dept.? Will the Council consider itself bound by failure of Measure A to pass? Why are the taxpayers' funds being wasted on a meaningless ballot measure?; 3) Measure B: Does any msnber of the City Coume"I City Attorney or City Manager believe that passage of Measure B would mandate continuance of contract with the Sheriff's Department? Does any member of the Council, the City Attorney or the City Manages believe that, subject to votes approval, passage of Measure B would ` prevent the Town frau furnishing services? Mr. Allison requested Council to ask the City Manager to withdraw his cmi is in a 1/9/82 article in the San Jose Mercury because of inaccuracies; 4) Measure C: Mr. Allison noted cost of sheriff services both past and projected and also referred to the Town's budget. He asked Council to explain their rationale for the tax override proposition. Kenneth Yong 14740 Marniella Road, spoke to the Council on two matters: 1) He asked the Councrl to withdraw the City Manager's participation in the negotiations with the Sheriff's Departmnt: 2) Mr. Young referred to a site approval for the Lands of Meredith, File SA #2-80, approved in 12/80 and questioned the four single- family dwellings which Mr. Young said were on the property. MOTION SECONDED AND CARRIED: Moved by Perkins, seconded by Hillestad, and passed umanimorsly by all members present to direct an inquiry into the Lands of Meredith, File SA #2-80 and to have a report at the next Council meeting. 12600 Paqe Mill asked UounC11 nor yuluci =D also requested Council to reverse its decision to place Proposition C on the ballot and she asked the City Attorney if her understanding were correct that it was legal for the Council to violate the Municipal Code? -3- CITY OC)UNCII. MINUTES - January 20, 1982 C. SPECIAL REPORTS: 4. Presentations from the Floor (continued): The City Attorney addressed several questions raised by residents during presan- tations from the Floor. Regarding Measure A, the 'Town did have the right to estab- lish police, fire, and/or emergency services by administrative action. Regarding Measure B, if it passed the Town would have to contract with an outside public agency. Proposition C required a two-thirds vote to pass and the amounts in the proposition were maximum amounts. If more money were requested, it would have to go back to the voters for approval. The City Attorney reiterated that the Council had acted legally and within its authority in placing Proposition C on the ballot. He noted that there seemed to be confusion between the technical rules and the merits and/or demerits of the actions taken by Council. Regarding the Municipal Code, the City Attorney stated that there was a procedural section in the Code regarding meetings. Council had flexibility regarding this procedural section but other sections of the code must be followed unless, of course, Council took steps to change the code. � •�•�•a u•• •� ua• u i• «a is 1. City Clerk: a) Ballot Arguments The City Attorney reported to Council that they were entitled to subnit arguments for or against Measure A, Measure B and Proposition C. Council should direct these arguments to be written by one member of the Council. %W the Sf�DIDED AND CARRIED: Moved by Proft, seconded by Hillestad and passed by the following roll call vote to direct Council to write an argument in favor of Measure A. AYES: Mayor Proft, Councilwoman Hillestad WES: None ABSENT: wuncihmembers McReynolds and Nystrom ABSTAIN: Councilman Perkins MYTION SEMWED AM CARRIED: Moved by Hillestad, seconded by Proft and passed by the following moll call vote to direct Councilman McReynolds to write the argument in favor of Measure A: AYES: Mayor Proft, Councilwoman Hillestad N7ES: None ABSENT: Coumcilmenhers McReynolds and Nystrom ABSTAIN: Councilman Perkins WTION SEODDIDED AND CARRIED: Moved by Proft, seconded by Hillestad and passed unan- imously by all members present to direct Council to write an argument against Measure B. M7TION SEODNDED AND CARRIED: Moved by Proft, seconded by Hillestad and passed unan- imously by all members present to direct Councilman McReynolds to write an argument against Measure B. -4- CITY ODUNCII, MINUTES - January 20, 1982 '` D. STAFF - REPORTS, 0DRRFSPONDENCE ANID ANNOUNCEMENTS: l.a) Ballot argiments (continued): NDTION SECONDED AND CARRIED: Moved by PrOft, seconded by Hillestad and passed by the following roll call vote to direct Council to write an argument for Proposition C. AYES: Mayor Prot and Councilvoman Hillestad LADES: None ABSENT: Councilmembers McReynolds and Nystrom ABSTAIN: Councilman Perkins M3TION SEODNDED Aldi CARRIED: Moved by Hillestad, seconded by Proft and passed unan- imously by all members present to direct Councilman McReynolds to write the argonent in favor of Proposition C. E. SPECIAL ORDERS: 1. Ordinance # amending Article 3 entitled "Sower Use" of Chapter 4 entitled "Sewage" of Title 6 of the los Altos Hills Municipal Code (SEODND READING) MDTION SECONDED AMID CARRI1D:Moved by Proft, seconded by Hillestad and passed unan- imously by all nsombers present to waive further reading of Ordinance #_ MDTION SECONDED APED CARRIED: Moved by Proft, seconded by Perkins and passed man- imously by all members present to adopt Ordinance #275 amending Article 3 entitled "Sewer Use" of Chapter 4 entitled "Sewage" of Title 6 of the Los Altos Hills Munici- pal Code. �r F. GENERAL ORDERS AND UNFINISHED BUSINESS: G. NEN BUSINESS: 1. Report on National League of Cities Annual Convention Mayor Proft thanked Councilwoman Hillestad for her owplete and interesting report on the November Meeting Of the National League of Cities in Detroit, Michigan. H. ADJOURNMENT: There being no further new or old business to discuss, the City Council adjourned at 8:35 p.m. Respectfully submitted, Patricia Dowd Deputy City Clerk 06a