HomeMy WebLinkAbout08/21/1980CITY COUNCIL
TOWN OF LOS ALTOS HILLS
26379 Fremont Road
Los Altos Hills, California
MINUTES OF A REGULAR MEETING
Wednesday, August 21, 1980
Reel 127, Side 1, Tr. 1, 1043 to End; Side 2, Tr. 1, 001 to 263
Mayor James Nystrom called the meetina of the City Council to order in the Council
Chambers of the Town Hall at 7:40 p.m.
A. ROLL CALL AND PLEDGE OF ALLEGIANCE:
Present: Mayor James Nystrom, Councilmembers Perkins and Proft; Councilman
McReynolds arrived at 8:05 p.m.
Absent: Councilmember Hillestad
Staff: City Manager Robert Crowe, City Attorney Frank Gillio, City Engineer/
Planner John Carlson, Planning Commission Representative Mary vanTamelen,
Secretary Ethel Hopkins
B. CONSENT CALENDAR:
4W Items removed: 5(b) was removed by Councilman Proft.
MOTION SECONDED AND CARRIED: It was moved by Councilman Perkins and seconded
by Councilman Proft to approve the remaining items on the Consent Calendar,
namely:
1. Approval of Minutes: August 6, 1980
2. Approval of Warrants: $19,136.77
3. Actions of the Variance and Permit Commission: Approval of Lands of Wolken,
File #VAR. 7-80*
4. Actions of the Plannina Commission: Approval of Use Permit renewal for
(a) Lands of Berry Hill Farms, File PCU 8028-77, and (b) Lands of Fremont
Hills Country Club, File #CU 8010-76
5. Resolutions for Adoption:
(a) Resolution #1302 authorizing the execution and delivery of an easement deed
to the Pacific Gas and Electric Company and the Pacific Telephone and
Telegraph Company
(c) Resolution #1303 acceptina easment deed and orderina recordation thereof
(d) Resolution #1304 approving a lot line adjustment**
*Councilman Perkins requested that the headina of the variance show what the
variance is being requested for, i.e, as in the Lands of Wolken, the title should
indicate that the variance was beinn requested for a wine cellar.
` Removed item: 5 (b) Resolution on encroachment permit and recordation thereof
Councilman Proft requested clarification on the need for the encroachment permit.
He was told by staff that when the subdivision of the site had occurred, the drairaoe
area was placed in a conservation easement. Since then, a storm drainaae pipe had
CITY COUNCIL MINUTES - August 21, 1980
( Page two
B. CONSENT CALENDAR: (continued)
been installed in the area, making the conservation easement unnecessary. A
tennis court permit had been applied for and granted to the property owner,
and the encroachment permit was to absolve the Town of indebtedness for repair
to the area should the Town have to repair the underground storm drainage pipe.
Councilman Proft questioned whether a tennis court should be permitted in a
drainage swale area.
MOTION SECONDED AND CARRIED: It was moved by Councilman Nystrom and seconded
by Councilman Perkins to approve Resolution #1305 ordering the issuance of a
certain encroachment permit and ordering recordation thereof.
VOTE: AYES: Councilmen Nystrom and Perkins
NOES: Councilman Proft
ABSTAIN: None
ABSENT AT THE TIME OF VOTING: Councilman McReynolds
**City Attorney Frank Gillio informed Councilmembers of amended wording to
Resolution #1304. There had been no change in meaning to the resolution,
just a change in wording. A copy of the revision was given to the Secretary.
C. SPECIAL REPORTS:
1. There were no reports from Standing Committees.
2. There were no reports from Ad Hoc Committees.
3. Commissioner vanTamelen reported on Planninq Commission efforts on ordinance
revisions.
4. Presentations from the Floor:
(a)Barbara Campbell, County Librarian, discussed the subsidy request for maintenance
o�serv,E� r ke—Lou Libra ry System. She stated that she was scheduled to
go to the Board of Supervisors on September 8 to report on the library program,
but added that this date could be changed, dependinn on where SR 958 is in the
leqislative system in Sacramento. She agreed to wait for the Town's decision.
Mayor Nystrom, after a request for a thumbnail sketch or tabulation on library
usage by the residents of Los Altos Hills, stated that he wanted to continue
consideration of the request for $13,219 for library funding until a full
Council was present to vote on it.
Carol Teft, Librarian from the Los Altos Library, discussed some figures on
Iibrary usage and promised to have details on usage by Los Altos Hills residents.
Councilman Perkins agreed with Mayor Nystrom that a full Council should be
present to make the decision on library funding, noted that the Town should
support the request, and asked that the City Manager provide budget information
on where the money for the library funding would come from.
(b)Ed Barrel, 23750 Ravensbury_ Avenue, speaking instead for D.Beck listed on the
agenda, ams a representative of the Committee to Remove the Caboose from the
property of Thomas Lynch, 25701 Lomita Linda Court, read for the Council a facts
E and conclusions sheet dated August 19 signed by Don Beck and neighbors, In
V support of point four of the Auqust 19 facts and conclusions sheet, Mr. Barnes
read a letter from Barbara and Alan Cass protesting the caboose installed by
Mr. Lynch on his property. In regarding to the dumping of refuse on the
Lynch property, Mr. Barnes recommended that the Town contact Mr. and Mrs. Ray -
born, but noted that they would be out of Town until September 4. In addition
CITY COUNCIL MINUTES - Auaust 21, 1980
40 Page three
C. SPECIAL REPORTS: (continued)
4. Presentations from the Floor: (continued)
(b) Ed Barnes: (continued) to the letter from Mr. and Mrs. Cass, Mr. Barnes
sum— Tutted additional signatures to the area residents' petition and
photographs of the Lynch property.
Gunter Alberts, Hillpark Lane, asked that construction on the Lynch
property be stopped.
Don Beck, 12150 Winton Way, requested that construction be halted on
The Lynch property.
Michael Rappaport, 70240 blest Loyola Drive, County Resident, asked that
the Town notify Mr. Lynch that the issue of i>s court has been
taken under advisement, and recommended that the Council consider whether
the caboose should be removed from the property.
Mr. Gillio noted that the Town had issued valid permits, that area residents'
right to protest had passed when they were notified of Planning Commission
consideration of both the caboose and the tennis court, that the caboose
falls within the accessory structure definition of the Code, and that if
residents protested the caboose, they could through legal means test the
validity and definition of that zoning law.
It was the consensus of the Council that the protest aaainst the caboose
on the Lynch property be referred back to the Plannina Commission, and that
the charges of the August 19 letter from the Committee to Remove the
Caboose and the letter from Mr. and Mrs. Cass dated August 19 be addressed
as they related to the requirements of the Municipal Code. Councilman
McReynolds suaaested that as the Planning Commission was making recommendations
on this appeal, that they might also want to consider Code requirements as
they relate to mobile homes and boats. He also requested a determination
as to whether area residents had been properly notified of public hearings.
D. STAFF REPORTS, CORRESPONDENCE, AND ANNOUNCEMENTS:
1. City Manager:
(a) City Manager's Report: Councilmen discussed with Mr. Crowe various items
an his Auaust 15 report to them.
Item #4 - Westwind Cooperative: Mr. Crowe noted that the new barn would be
dedicated to Josephine Duveneck and that the dedication ceremony
would be on August 28.
Item #6 - Hilltop Road: Councilman Perkins asked about trucks going up
Wild Barley Hill Road. He was told by Mr. Crowe, that the Hilltop
Road repair had nothing to do with Wild Barley Hill Road, but
that two "Not a Through Street" signs and a street name sign
were posted to prevent truck and unnecessary traffic on Wild Barley
Hill Road.
Item #10 -Esther Clark Park: Mr. Crowe noted that a ballot measure was
necessary before anything could be done by the City of Palo Alto
with Esther Clark Park, ard. so far nothing had been done becat e
of vascillation on the part of Palo Alto.
CITY COUNCIL MINUTES - August 21, 1980.
Page four
4W D. STAFF REPORTS, CORRESPONDENCE, AND ANNOUNCEMENTS: (continued)
1. City Manager: (continued)
Palo Alto School District Property: Mr. Crowe related that there had been no
word from t e Palo lto Sc oo District's attorney regarding the Town's desire
to purchase the property.
City Attorney Frank Gillio pointed out that as the deadline for the first right
to purchase the property was August 29, the Town should send a mailaram as soon
as possible with a letter to follow, requesting a time extension for the purchase
of the property and requesting that negotiations start on Monday morning, Copies
of correspondence were to be forwarded to Council and all involved in the matter.
Street Improvements, Rancho Murietta, Tract #6209 and Tanglewood, Tract #6355:
Councilman Proft inquired about the problems of weeds growing in the sixty foot
right-of-way, asked when paths would be constructed, and when underaroundina
by PG&E would take place on Moody Road. Councilman Proft asked when improvements
would be completed and/or what kind of deadline would be given co subdividers.
Councilman Perkins asked that the completion of the above improvements be
put on the City Manager's list for reports to the City Council, and that the
above information be incorporated into the City Manager's report.
(b) Fire Report: Mr. Crowe reported on the status of information to be relayed
to Council members re the success of communities using the public safety
department concept of fire protection. He requested a delay until September
for making a report on recommendations for a course of action they might pur-
sue.
Councilman Perkins requested that the consultant's evaluation report be
distributed to Committee members, and Mr. Crowe asked that he be authorized
by the Council to make this distribution. Councilman Perkins also asked that
Committee members be given sufficient time to evaluate the consultant's
report and make recommendations on it.
Councilman McReynolds stated that the Committee should also obtain answers
from the County regarding their responsibility to adequately fund and provide
for emergency fire services for the Town. The issues of whether the Town
should have its own public safety department were important as they related
to what the County could provide as opposed to what the Town's own department
could provide and how cost effective this service would be.
Discussion turned to a request for guidance from Councilmembers made by
Mayor Nyrstrom on writing a pro argument for the three-year tax override
measure for fire protection services to be included on the November ballot.
It was Mr. Gillio's advice, and the Council's concurrence, that the Mayor
should follow his own conscience in the matter and that the City Council
should not be involved one way or the other in the recommendation.
(C) Tra7urc Or/gseBdnL
ckh �e new Crowe
informed
eofpwearl and members
breakdowns
of the Town's present equipment.
MOTION SECONDED AND PASSED BY UNANIMOUS ROLL CALL VOTE: It was moved by
`„ Councilman Nystrom and seconded by Councilman Perkins that the City Manager
be authorized to negotiate the best terms and conditions. for the lease of a
John Deere tractor backhoe, and that the City Council be informed on an
individual basis of the negotiations and terms.
CITY COUNCIL MINUTES - August 21, 1980
Page five
D. STAFF REPORTS, CORRESPONDENCE, AND ANNOUNCEMENTS: (continued)
City Attorney:
(a) Wallace Buch - Contract: Mr. Gillio noted that paae three of the Resolution
be amended, under the itemization, to read:
Tractor with Operator
Rubber -Tired Loader with Operator
MOTION SECONDED AND PASSED UNANIMOUSLY: It was moved by Councilman Proft
and seconded by Councilman Perkins to adopt Resolution #1306, a Resolution
Approvina and Authorizing Execution of an Agreement Between the City of the
Town of Los Altos Hills and T.J.Witt, wherein Mr. Witt would supply a man,
time and equipment to perform certain labor for the Town. Material was to
be supplied by the Town.
E. SPECIAL ORDERS:
1. Public Hearings:
Ta - -ordinance #! adding Sections 9-5.208(1) and 9-5.208(2) to Chapter 5
entitled "Zoning" of the Los Altos Hills Municipal Code, and by amendina
Sections 9-5.209 and 9-5.502, and Subsection (a) of Section 9-5.503 thereof.
MOTION SECONDED AND PASSED UNANIMOUSLY: It was moved by Councilman Proft
and seconded by Councilman Perkins to continue Item E.1(a) above to the
meeting of October 1, 1980.
ow (b) Resolution #1307 ordering the vacation and abandonment of an emergency
access easement and portions of certain sanitary sewer and pathway easements
located in the City of the Town of Los Altos Hills, under the provisions of
the "Public Service Easements Vacation Law".
Mr. Carlson reviewed background of the above request, and thereafter the
hearing was opened to the public discussion.
Paul Nowack, Engineer, 127 Second Street, Los Altos, discussed further
the background of the request for easement modification and then requested
that the requirement that the applicant construct a Type II path with
headerboards and rocks be removed as a condition of the abandonment and/or
easement modification. He reauested instead that only a natural type path
be required.
Mr. Gillio noted that the public hearing was for the purpose of considering
the abandonment of certain portions of easement on the subject property.
Carol Gottlieb, Pathway Committee, requested that the requirement for
constructing a Type II path be retained, and that the only way the Pathway
Committee had given its consent on the abandonment was that the condition
on the Type II Path construction be required or the applicant.
Considerable discussion occurred between staff and Council on the need for
the path, the importance of the Type II path requested, and how the Council
might proceed on this matter. The public hearing was closed, then reopened.
Paul Nowack stated he would agree to the Type II path with headerboards
requirement.
MOTION SECONDED AND CARRIED: It was moved by Councilman Perkins and seconded
by Mayor Nystrom to adopt Resolution #1307 re the vacation and abandonment
of certain sanitary sewer, pathway and emergency access easements.
VOTE: AYES: Councilmembers Perkins, McReynolds, and Nystrom
NOES: Councilman Proft
ABSTAIN: None
CITY COUNCIL MINUTES - August 21, 1980
Page six
L
E. SPECIAL ORDERS: (continued)
1. Public Hearings: (continued)
(b) Resolution #1307: (continued)
MOTION SECONDED AND PASSED BY UNANIMOUS ROLL CALL VOTE: It was moved by
Councilman McReynolds and seconded by Councilman Perkins to accept the
offer by applicant's engineer Paul Nowack to construct a Type II path with
headerboards.
F. GENERAL ORDERS AND UNFINISHED BUSINESS: None
G. NEW BUSINESS:
1. Arastradero Road Rezoning: Councilman Perkins addressed the Council with a
request that the Town formulate a resolution directed to the City Council
of Palo Alto regarding the Town's position on the rezoning proposed in
industrial park lands along Arastradero Road. He asked that the City Attorney
prepare the resolution (and he promised to work with him on it) for the next
Council meetina (This date was later changed so that the resolution would be
placed on the agenda for the September 17th meetina.)
The resolution was to state the Town's position on the proposed rezoning, to
the effect that 1) the extraordinarily high density proposed for the housing
to be constructed would be inappropriate for all concerned; and 2) the aban-
donment of the two hundred foot setback for the six acre parcel beino rezoned
is also inappropriate. He stated that the resolution should make clear that
the Town resoects the need for housing, but this housing should be low density
housing; and the two hundred foot setback of the entire area should be main-
tained.
The resolution was to be placed on the City Council agenda for the meeting
of September 17 so that it could be discussed by Council and any interested
townspeople. Councilman Perkins reiterated the need to have some statement
of position conveyed to the City of Palo Alto.
Mayor Nystrom related his inability to effect any change in the intentions
of the City of Palo Alto to qo ahead with the rezoninq project. He also
commended the Plannina Commission for its "yeoman" work on this matter.
Councilman Perkins noted that the point should also be made in the resolution
that as continued planning looms ahead, the Town's Planning Commission needs
to be aware of it.
2. Setting of Date of Public Hearina: MOTION SECONDED AND PASSED BY UNANIMOUS
CONSENT: On the motion of Councilman McReynolds, seconded by Councilman Proft,
a public hearing was set for the Lands of Lee, File #A 4775, 12169 Padre Court.
3. Letter from Ramona Chown dated August 17 re Retention Basin at Saddle Mountain
Estates: m res
Mayor Nystroponded to an inquiry by Mr. Chown, 13922 Page Mill Roa
rega rdinq disposition of the above letter to the Council. The Mayor informed
Mr. Chown that he had referred the matter to the Town's staff who were directed
4 to investigate the statements in the letter, and if Council attention was needed
to the matter, it was to be placed on the next Council agenda.
4. Executive Session - Litigation: The Council adjourned to a litigation session
at 9:52 p.m. and rec,,ened at 11:05 p.m.
M
CITY COUNCIL MINUPES - August 21, 1980
Page seven
PASSED BY OJNSE[bUS: To adopt Resolution #1308 expressing their heartfelt thanks
to Ethel Hopkins for her many years of hard work and wishing hes the utmost success
in the future.
WINE4 •ice TIDIl
These being no further new or old business discussed, the meeting of the City
Council was adjourned at 11:15 p.m.
Respectfully submitted,
Ethel Hopkins
Secretary