HomeMy WebLinkAbout07/21/1982CITY COUNCIL
L TOWN OF IAS ALTOS HILIS
#A/ 26379 Fremont Road
Los Altos Hills, California
MINUTES OF A REGULAR MEETING
Wednesday, July 21, 1982
cc: Reel 136, Tr. I, Side Ii, 001-732
Mayor Perkins called the Pegular Meeting of the City Council to order at 7:30 p.m.
in the Council Chambers of Town Hall.
A. ROLL CALL AND PLEDGE OF ALLEGIANCE:
Present: Mayor Perkins and Councilnimbers Allison, Hillestad and Proft
Absent: Councilvxnian van Ta len
Staff: Acting City Manager Marty Tarshes, City Planner John Carlson, Assistant
City Planner Pat Webb, Planning Commission Representative Judith Carico,
City Attorney Frank Gillio and City Clerk Pat Dowd
Press: Florence Pallakoff, Los Altos Town Crier; Mary Duenwald, Peninsula
Tines Tribune
Matadero Creek Subdivision - Bid Openings
No written or oral bids were received for the remaining lots at the Matadero
Creek Subdivision.
B. CONSENT CALENDAR:
Items Removed: B.1
6/23/82
and 7/7/82
minutes (City Clerk)
and B.3.a)
(City Attorney
MOTION SECONDED AND CARRIED: Moved by Hillestad, seconded by Allison and passed
unanimously by all members present to approve the balance of the Consent Calendar,
specifically:
1. Approval of Minutes: June 16, 1982
2. Approval of Warrants: $81,259.01
3. Resolutions for Adoption:
b) Resolution #1458 setting the time and Place of a public hearing to
consider all objections or protests to the proposed adoption of the
Palo Alto szwer service charge final report.
4. Time Extension Request:
a) Request for a one-year extension of Tentative Map, LANDS OF HUTH, File
TM #3-80
5. Actions of the Planning Cannission: recce nded granting of the following:
a) LANDS OF MAGER, File SA #1-82
CITY COUNCIL MINUTES - July 21, 1982
NW B. CONSENT CALENDAR (continued) :
Items Pamoved:
1. Approval of Minutes: June 23, 1982 and July 7, 1982
The City Clerk suggested that paragraph two under Budget Study Session of the
June 23, 1982 minutes be deleted to more accurately record the discussions
which took place at that meeting.
MOTION SECONDED AMID CARRIED: Moved by Hillestad, seconded by Proft and passed
unanimously by all members present to approve the Minutes of Jure 23, 1982 as
amended.
The City Clerk recaa:exded the following phrase be added to the motion under
Item B.4.d) of the July 7, 1982 minutes: 'if he considered it appropriate to do so'.
MOTION SECONDED AND CARRIED: Moved by Proft, seconded by Allison and passed unani-
mously by all members present to approve the minutes of July 7, 1982 as amended.
3. Resolutions for Adoption:
a) Resolution # requesting the tax collector of the County of Santa
Clara to levy certain charges against certain real properties.
The City Attorney rac=ended continuing this item to the next meeting so that
the dollar amounts to be levied could be included in Exhibit A of the Resolution.
PASSED BY CONSENSUS: To continue Item B.3.a) to the next Council meeting.
C. SPECIAL REPORTS:
1. Reports of Standing Committees: none
2. Reports of Ad Hoc Caumittees:
a) Commdttee for organization of Committees: establishment of new committee
structure.
Perkins suggested continuing discussion of this item to the next Council meeting
so that Councilwoman van Tamelen, a member of this Ad Hoc Camnittee, could be
present.
PASSED BY CONSENSUS: TO continue Item C.2.a) to the next Council meeting.
3. Reports from the Planning Commission:
Carico presented a brief report on the actions taken at the Planning Commission
Meeting of July 14, 1982. She further noted that Mr. Rydell was re-elected
Chairman of the Planning Commission with Michael Ruranoff serving at Vice -Chairman.
Carico suggested and the Mayor agreed that a letter would be sent from the Mayor
concerning a fencing problem which was discussed that the Planning Commission Meeting.
%W 4. Presentations from the Floor: none
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CTTy oDUNCIL MINUTES - July 21, 1982
46V D. STAFF - FEFORTS, COPMSPONDENCE AND ANNOUNCEMENTS:
1. City Manager:
a) Authorization to request extension of current service and prior service
funding with PERS.
The City Manager referred to his memo dated July 15, 1982 on this subject. He
noted that this was a common prooedure and was permitted both by the State and
by PERS. This extension of funding liabilities would result in savings for the
Tann.
YnTiON sBcomm AND CARRIED: Moved by Allison, seconded by Hillestad and passed
unanimously by all members present to authorize the Acting City Manager to request
extension of current service and prior service finding with PERS.
b) Iran
The Acting City Manager reported that the Town had received the loan from the
University Bank. He further referred to the California Debt Advisory Board to
which a standard fee had been paid.
c) law Enforcement Contract
The Acting City Manager reported that the present Law Enforcement Contract was in
the process of being rewritten; this procedure would not affect the payment rate.
(60 The new contract will require the Sheriff's Department to submit each year (in
April) a law enforcement plan for each city involved. This year the Sheriff's
Department will submit such a plan by September 1, 1982 and accePtmoe or rejection
of this plan will be required by October 1, 1982. The Acting City Manager therefore
reported that he had written a letter stating that he was waiting for the new
contract to be written before signing it. In conclusion he noted that there were
no detrimental effects to the Town by not signing the present contract.
d) Budget
The Acting City Manager changed the date from July 26, 1982 to July 30, 1982 for
submission of the proposed budget to Council for their consideration and study.
E. SPECIAL ORDERS:
1. Public Hearing:
a) Williamson Act Contracts - Petitions requesting cancellation of said
contracts by the following: Canpb:ell, Elmberg, Faale, Johnson, Kava,
Kinkead, Iaub, Westlake Development and Wilson
The City Attorney presented a summary of the procedure involved conoerning requests
for cancellation of Williamson Act Contracts. He recorded the names of the petitioner
and stated that the proper notices had been published, posted and mailed to all
holders of Williamson Act Contracts.
` The City Planner presented his mann dated July 16, 1982 on the Environmental impact
Reports and recemmexded approval of Negative Declarations for all of the properties
requesting cancellation.
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CITY COUNCIL MINUTES - July 21, 1982
E. SPECIAL REPORTS (continued):
$6 E.
Mary DeNardo resident of Los Altos Hills, objected to the Negative Declaration
for the Lands of Westlake. In her opinion the lard was near a potentially active
fault and there were drainage problems.
Kenneth Blev attorney for Westlake Development, noted that no development of the
land was proposed at this time and if it were undertaken in the future another
Negative Declaration would be required.
Helen Accola Ramnsbg= asked for an explanation of this one time option to
withdraw from the Williamson Act. The City Attorney noted that he would explain
the process in further detail later in the meeting.
MYPION SECONDED AMID CARRIED: Moved by Allison, seconded by Hillestad and passed
unanimously by all members present to approve the Negative Declarations for the
following Williamson Act Contracts: Cambell, Elmberg, Fowle, Johnson, Kava,
Kinkead, Laub, Westlake Development and Wilson.
The City Attorney referred to a letter dated July 15, 1982 from the law firm of
Blase, Valentine and Klein requesting continuation of the Kinkead petition for
withdrawal due to a death in the fanily.
YMION SECONDED AND CARRIED: Moved by Allison, seconded by Hillestad and passed
unanimously by all members present to continue consideration of the Kinkead request
60 for withdrawal from the Williamson Act to the August 18, 1982 Council Meeting.
MYPION SECOMED AM CARRIED: Moved by Allison, seconded by Hillestad and passed
unanimously by all members present to approve the following motion: "The time
having passed for the filing of petitions for cancellation under Goverrment Code
Section 51282.1 and the hearings having been set thereon and the necessary environ-
mental studies having been made, the City Council determines to hear and finally
rule on each such petition within one year following acceptance of each petition
for filing."
The City Attorney reccm ended holding a single public tearing for all requests for
withdrawal from the Williamson Act. He noted that Los Altos Hills was a single
agricultural preserve with less than 300 acres under the Williamson Act. All
proper notices had been made advertising the public hearing and nine requests for
withdrawal had been made by the deadline date. No more requests for withdrawal
could be received by the Torun. The City Attorney further stated that this was a
one time opportunity to withdraw from the Williamson Act provided for by the State
Legislature, not by the Tuan. The usual procedures and requirements were not in
effect and having less than 300 acres in the Williamson Act allowed for an even
more simplified process. The cancellations would be final when the fees had been
paid to the State. The Town could decide on a lien option or full payment of fees
but did not have the power to derry the requests. However, when the State created
this one time opportunity they did not eliminate the necessity of a public hearing.
Therefore, the Town was required to hold said hearing on the requests for cancellation
Kenneth Bley, attorney for Westlake Develognent, submitted a report from the Appraisal
Research Carpany and statea tnat they were going to formally protest the count of
cancellation fees as stated by the County Assessor. On behalf of his client he
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CITY COUNCIL MINUTES - July 21, 1982
%W E. SPECIAL ORDERS (continued):
requested the Town to change the cancellation fee to the amunt figured after said
protest or to dant a 90 -day continuance so said protest could be filed and the
correct cancellation fee determined.
MOTION SECONDED AMID CARRIED: Moved by Allison, seconded by Hillestad and passed
unanimously by all members present to grant a 90 -day continuance for the Lands of
Westlake to petition withdrawal from the Williamson Act. (Item continued to
first meeting in October.)
Walter Gregorwich, Priscilla Lane, Denis Hollwedel, 12360 Priscilla Lane, David
avensbumv. prd R' chard CasfEjE7= Oneonta Drive spoke to theCouncil
during the public hearing. They addressed such issues as the original purpose of
the Williamson Act (preservation of agricultural as well as open space); concerns
regarding potential develognent; compliance with procedures and codes concerning
withdrawal from the Williamson Act; and the purpose of holding a public hearing.
Allison camientcd that it was a frustrating experience for everyone and an exercise
in futility. However, the State had created this one time opportunity for those
in Williamson Act Contracts. He enphasized that while the Town had no control over
these requests for withdrawal, they did have control over any possible future
development of these lards. In conclusion Allison requested that the Mid -Peninsula
Open Space District be notified of the first meeting in October when the Lands of
` Westlake would be scheduled for a public hearing on this matter.
Stanley Peterson, 24737 Prospect, proposed a change in zoning to 10-15 acre mindmums
or any potentia ve opment.
Oscar Sobel, 28266 Christophers Lane, was in favor of the petitions to withdraw
con the Wi iamson Act, mting t while open space was -portant, lard was
scarce.
MOTION SECONDED AMID CARRIED: Moved by Proft, seconded by Allison and passed unani-
mously by all mombers present to allow the option of a lien, at the owner's request,
to all petitioners requesting withdrawal from the Williamson Act.
MOTION SECONDED AMID CARRIED: Moved by Proft, seconded by Allison and passed unani-
mously by all members present to adopt Resolution #1459 ordering the tentative
approval of the cancellation of a contract under the Williamson Act (Lands of
Caxpbell).
MOTION SECONDED AMID CARRIED: Moved by Proft, seconded by Allison and passed unani-
mously by all members present to adopt Resolution #1460 ordering the tentative
approval of the cancellation of a contract under the Williamson Act. (Lands of Elmberg)
MOTION SECONDED AMID CARRIED: Moved by Proft, seconded by Allison and passed una -
mously by all members present to adopt Resolution #1461 ordering the tentative
approval of the cancellation of a contract under the Williamson Act (Lands of Fowle)
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CITY COUNCIL MINUTES - July 21, 1982
f. E. SPECIAL ORDERS (continued):
MOTION SECONDED AND CARRIED: Moved by Proft, seconded by Allison and passed unani-
mously by all members present to adopt Resolution #1462 ordering the tenative ap-
proval of the cancellation of a contract under the Williamson Act (Lands of
Johnson)
NOTION SECONDED AMID CARRIED: Moved by Proft, seconded by Allison and passed unani-
mously by all members present to adopt Resolution #1463 ordering the tentative
approval of the cancellation of a contract under the Williamson Act (Lands of Kava)
NOTION SECONDED AND CARRIED: Moved by Proft, seconded by Allison and passed unani-
mously by all members present to adopt Resolution #1464 ordering the tentative
approval of the cancellation of a contract under the Williamson Act (Lands of Laub)
MOTION SECONDED AND CARRIED: moved by Proft, seconded by Allison and passed unani-
mously by all members present to adopt Resolution #1465 ordering the tentative
approval of the cancellation of a contract under the Williamson Act (Lands of Wilson)
*
F. GENERAL ORDERS AM UNFINISHED BUSINESS:
1. Westwind Development, Inc. - Pequest to amend agreement for the Lands of
Eshner (continued from 7/7/82 meeting)
The Acting City Manager reported that a request had been received from the applicant,
Mr. Woolworth, for extension of the $200,000 payment pending completion of the final
map. The Acting City Manages recommended that the Council refer this matter to the
City Attorney and the Acting City Manager for preparation of an agreement with the
applicant and his attorney. This agreement would specify the terms of the payment,
in line with the filing of the final map and specifying a certain date.
MOTION SECONDED AND CARRIED: Moved by Hillestad, seconded by Proft and passed by
the following roll call vote to instruct the Acting City Manages and the City Attorney
to prepare an agreement with the applicant, Mr. Woolworth, and his attorney.
AYES: Mayor Perkins, COnncilnEmbers Hillestad and Proft
NOES: Councilman Allison
ABSENT: Councilwoman van Tamelen
Allison noted for the record that he considered Mr. Woolworth as abrogating a good
faith agreement which he had nye with the Tonin.
G. NEW BUSINESS:
1. Report on Mayors and COUncilmaAaers Executive Forum - Hillestad
Council thanked Hillestad for her interesting and worthwhile report dated July 14,
1982 .
* The City Council adjourned to a Closed Session for Litigation at 9:15 p.m. and
reconvened at 10:00 p.m.
M
CITY 03UNCIL MINUTES - July 21, 1982
G. NEW BUSIIgS.S:
2. Request for amendment of Conditions of Approval for Matadero Creek
Subdivision
The City Planner reported that this matter had been discussed at the 7/14/82
Planning Ce mrission Meeting. The proposed mount of development area exceeded
the allowed mount and the request was denied without prejudice. Since that
meeting the applicant and the staff had discussed the matter and a modified
application was before Council. The City Planner referred to his staff report
dated July 21, 1982 and the attached fact sheet. In his opinion the plan before
Council was in accordance with the precepts of the subdivision and he recommended
increasing the maximum development area for Lot #10 to 9,500 square feet.
MYTION sEcomED AND CARRIED: Moved by Allison, seronded by Hillestad and passed
unanimously by all members present to amend Condition 7.B of the Conditions of
Approval for Matadero Creek Subdivision, as follows: "The maximus development area
for Lot #10 shall be increased to 9,500 square feet".
3. Letter of Protest
Carico suggested sending a letter of protest to all state legislators, the League
of California Cities, the Palo Alto Unified School District and other small cities
that have less than 300 acres under Williamson Act Contracts. Hillestad agreed to
write this letter which would strongly urge the passage of legislation returning
sane of the cancellation fees to the cities.
4. Matadero Creek Subdivision - Lot 10
Frank Saul, 27977 Via Ventana, addressed the Council noting that he was in agree-
ment with increase o velcpment area for Lot #10 but he hoped the Council
would not approve the design plan. Council responded that the procedure was for
the applicant to go before Site Develgafent for approval.
5. Normandy Lane - tree problem
Hillestad, on behalf of the homevansrs on Normandy Lane, thanked the staff and
Council for their quick response to the tree problem on Normandy Lane.
6. Palo Alto Unified School District
The Acting City Manager referred to a letter dated July 19, 1982 from the PAUSD
which set forth the terms of partial reconveyance as approved at their Board Meeting.
M7TION SE DNDED AND CARRIED: Moved by Proft, seconded by Hillestad and passed unani-
mously by all manbers present to accept the terms of partial reconveyance as set
forth in Item #1 of the July 19, 1982 report to Newnan Walker.
H. ADJOUFds& 1P:
i There being no further new or old business to discuss, the City Council adjourned
at 10:40 p.m.
Respectfully sulinitted,
Patricia Dowd, City Clerk
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