HomeMy WebLinkAbout12/17/1980( CITY COUNCIL
TOWN OF IDS ALTOS HILLS
26379 Fremont Road
Los Altos Hills, California
MINUTES OF A REGJLAR MEETING
Wednesday, Decanter 17, 1980
cc: Tape 128, Tr. II, Side II, 541 -End
Mayor Nystrom called the Regular Meeting of the City Council to order at 7:40 p.m.
in the Council Chw1bers of Town Hall.
A. ROIL CALL AND PLEDGE OF ALLEGIANCE:
Present: Mayor Nystrom, Counciinvnbers Hillestad, McReynolds, Perkins and Proft
Absent: None
Staff: City Manager Robert Crane, City Attorney Frank Gillio, City Engineer/
Planner John Carlson, Assistant City Planner Pat Webb, Planning
Comdssion Representative Michael Kuranoff and Deputy City Clerk
Pat Dox?
Press: Florence Pallakoff, Los Altos Town Crier; Mary Sctmich, Peninsula
Times Tribune; Fd Herring, San Jose Mercury
B. CONSENT CALENDAR:
Items Removed: 3.1 (Perkins) and B.3.a) (Mr. Henry Mourad - applicant)
MOTION SECONDED AMID CARRIED: Moved by Hillestad, seconded by Proft and passed
unanimously to approve balance of Consent Calendar, specifically:
2. Approval of Warrants: $36,934.62
3. Actions of the Planning Commission: recommended granting of the following:
b) LANDS OF MERIDEPH, File SA #2-80
c) LANDS OF PINEWOOD SCHOOL, File CUP #8014-76
4. Actions of the Variance and Permit Commission:
a) LANDS OF SOKOIOFF, File VAR #11-80 - denial and referral of appeal
to Planning Commission for review and report
5. Motions for Adoption:
a) Motion setting January 7, 1980 as the Public Hearing date for IRES
OF KANE, File TM #6-80.
b) Motion setting January 7, 1980 as the Public Hearing date for LANDS
OF BELLUCCI, File VAR #12-80 - appeal of Variance and Permit Cowmissic
( denial.
fir' 6. Resolution for Adoption:
a) Resolution #1321 setting the time and place of hearing on proposed
municipal Code entitledf"Zomnq IL of theeTown of LOS Altos Hills" lls
CITY COUNCIL MININES - December 17, 1980
`,- B. CONSENT CALENDAR: (continued)
Removed Items:
1. Approval of Minutes: November 25, 1980, December 3, 1980 and December 8, 1980
MrTION SECONDED AND CARRIED: Moved by Perkins, seconded by Hillestad and passed
mnardniously to approve the Minutes of Novenber 25, 1980 amended as follows:
Page 4, Item G, Paragraph 3 should real: PASSED BY 03NSENSUS: At Councilman
Perkins request, Mayor Nystrom would send a memo to the Ad Hoc Public Safety
Study Committee specifically outlining their charges. Dr. Perkins stressed the
importance of having this clear statement of charges to the Cannittee as a
matter of record both for present as well as future reference.
MOTION SECONDED AND CARRIED: Moved by Perkins, seconded by Hillestad and passed
unanimously to approve the Minutes of December 3, 1980 amended as follows:
Page 2, Item D.l.a), Paragraph 1 should read: Comncilmenbeis discussed these
options, specifically options two and three. McReynolds and Hillestad supported
option three, noting that option two was a continuation of a contract that was
not workable. Perkins stated that the District mist be autonomous and was
against canceling the contract. Proft stressed the importance of waiting for the
recommendations of the Ad Hoc Public Safety Study Committee.
MOTION SECONDED AMID CARRIED: Moved by Perkins, seconded by Hillestad and passed
unanimously to approve the Minutes of December 8, 1980 amended as follows:
Page 1, Item B. the following should be inserted after Paragraph 4: MOTION NOT
SECONDED AND FAILED: Moved by Perkins to recammend to the Board of Supervisors
that the Los Altos Fire Protection District remain intact but that the authority
controlling the district be transferred totally from the present Board of
Supervisors to the Commission either in its present form or revised.
3. Actions of the Planning Commission: reoa ended granting of the following:
a) LANDS OF MDURAD, File SA #5-80
Nr. Henry Mourad, applicant, asked Council to consider changing Condition 5.A
to a road fee to himself and to all future builders.
The City Engineer reported that access was to be from Saddle Mountain Drive, a
public road, as opposed to Moon Lane, a private mad, as was originally intended.
Therefore, the Planning Com¢nission was reoemeiding that the owner shall improve
Saddle Mountain Drive from the end of existing improvements to the owner's
property line. The City Manager further noted that a reimbursement agreement
could be entered into for future development (within a specified time limit);
this agreement could be enforced by the Tom.
MOTION SEODNDED AMID CARRIED: Moved by Proft, seconded by Perkins and passed
unanimously to amend Condition 1.A and 1.B each to be prefaced with the following
stateent: "Prior to issuance of building permit, the weer shall dedicate. .
MOTION SECONDED AMID CARRIED: Moved by Proft, seconded by Hillestad and passed
,manimnsly to approve LANDS OF MOURAD, File SA #5-80, as rem ended by the
Planning Canmission and as amended by Council.
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CITY CWMCIL MINurE5 - Decenber 17, 1980
C. SPECIAL REPORTS:
1. Reports of Standing Crnmittees: none
2. Reports of Id Hoc Cenittees:
Counci.lwonan Hillestad reported on the Town's 25th Anniversary Ad Hoc Cmukittee.
The new Tuan flags were now ready and were on sale at Town Hall for $50 each.
The invitations for the Anniversary Banquet to be held on January 31, 1981
at the Fr mnt Hills Country Club would be mailed to each resident within the
next few days.
3. Reports from the Planning Cmudssion: none
4. Presentations from the Floor: none
� •�•� ��••a. •� na ■ n m • a is
1. City Manager:
a) Request from Friends of Westwiid for additional finis for landscaping
The City Manager reported that l4estwind had requested approximately $2,000 for
Phase I of the landscaping plan. In response to a question from Councilman Proft,
the City Manages further noted that Westwind was working on a five-year master
landscaping plan and each additional phase would be presented to Council for
approval.
MOTION SBCOMED AND CARRIED: Moved by Hillestad, seconded by Nystrom and passed
unanimously to approve the request from Friends of Westwird for approximately
$2,000 for landscaping - phase I.
At the suggestion of the City Manager, it was agreed to utilize funds which
had already been appropriated for the ring.
b) Selection of engineering firm
The City Manager noted that due to time anstraints the Town had received only one
response. He therefore suggested that this matter be continued to the first
meeting in January as be did want to proceed without additional responses.
Councilman Perkins asked that Council receive a copy of the Town's letter of
request as well as copies of all responses for their study and evaluation.
Council agreed to continue this item to the first meeting in January.
c) Resolution #1322 authorizing execution of lease agreanents and
appropriating funds therefor (lease purchase agreement for tractor/
loader)
The City Attorney reported that there had been one change in the Resolution
before Council. Due to information he had just received, the lease agreement
should be with Noble Ford not with the Bank of America. He would correct the
Resolution for Council's approval. (anaded at 1/21/81 mtg. - lease agreement shnui
be with Bank of Anerica Nr&SA not with Noble Ford)
L WTION SEOONDED AND CARRIED: bbvei by Hillestad, seconded by Nystrom and passed
V umanimrnsly to adopt Resolution #1322 authorizing execution of lease agreements
and appropriating funds therefor.
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CITY CDUNCIL MINUTES - December 17, 1980
•,a�•�v ��••o. •� 112 r , " , • a is =
2. City Attorney:
a) Report on Saddle Mountain Estates
The City Attorney reported that presumably this property had been sold to
Garrick Development. At this time a three-way agreement was being worked on
between Garrick Development, BELS Hones and the Town. However, until such
time as an agreement could be reached between HAS Hanes and Garrick Develop -
the Town could not enter into the agreement. The City Attorney further
reported that presently he was proceeding to work out an agreement with BAS
Hones and he would report on this matter at the next Council meeting.
Mayor Nystrom welcomed students from St. Francis High School in Mountain View
who were attending the Council Meeting.
E. SPECIAL ORDERS:
1. Ordinance #266 amending Article 1 of Chapter 1 entitled "Business Licenses"
of Title 3 of the Rus Altos Hills Municipal Code, and by amending sub-
section (a) of Section 3-1.111
MOTION SECONDED AMID CARRIED: Moved by Proft, seconded by Nystrom and passed
unanimously to waive further reading of Ordinance #266.
MDTTGN SECONDED AMID CARRIED: Moved by Proft, seconded by McReynolds and passed
unanimously to adopt Ordinance #266 ancrding Article 1 of Chapter 1 entitled
"Business Licenses" of Title 3 of the Ins Altos Hills Municipal Code, and by
spending subsection (a) of Section 3-1.111.
F. GENERAL ORDERS AMID UNFINISHED BUSINESS:
1. Rands of Lee, Site Development Permit No. 4775
MOTION SECONDED AND CARRIED: Moved by Proft,seconded by Perkins and passed
unanimously to continue Rands of Lee, Site Development Permit No. 4775 to the
January 7, 1981 Council Meeting at the request of the applicant.
G. NEW BUSINESS:
1, The City Manager reported on the Santa Clara County City Managers Meeting
concerning the Mediterranean Fruit Fly. A stripping program was now
uuderway and all residents needed to be ratified of what needed to be done.
Special mailings would be delivered which explained low to dispose of the
fruit and an article would also be included in the Town's January Newsletter.
The Medfly problem could be solved in everyone cooperated. Councilman
McReynolds also suggested that steps be taken to see that this problem does
not reoccur.
WTION SENMIDID AMID CARRIM: Moved by McReynolds, seconded by Hillestad and
passed unanimously to go on record opposing aerial spraying until such time as
they can cane before the Council with a spraying program and convince the
Council that the program is more successful than destructive, and wholeheartedly
endorsing the voluntary cooperation of all the Town residents in the stripping
program.
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CITY COUNCIL MINUPFS - December 17, 1980
M�W G. NDR BCBIIgS.S: (continued)
Walter Babbitt I Jr., 27911 Via Ventana, addressed the COUnci1 urging then
to consider the consequences of the Medfly problem not only to our country,
particularly our farmers, but also to other countries. He stressed that
aerial spraying may not be as dangerous as it was being reported.
2. The City Manager reported that he had attended the Board of Supervisors
Meeting held on December 16, 1980 and he presented to the Council a
copy of the Resolution concerning the Los Altos Fire Protection District
which had been passed unanimously by the Board at their meeting.
In part this Resolution increased the Cnumission from five to seven Msmmbers
and delegated all of the powers currently residing with the Board of Supervisors
to the Co mission to manage the affairs of the district with the exception that
the Camdssion shall not initiate litigation witlnut the prior approval of the
Board of Supervisors. Concerning the questions of appoinbTents, the City
Manager was inforned that the existing members of the Commission could not be
removed except for cause. Since the Council had thought that all five members
of the Council would be appointed to the Commission and not just fill the two
newly created seats, the City Manager asked the Board of Supervisors to delay
making any appointments until the Council had had time to discuss this matter.
Supervisor Steinberg stated that she did not want to delay the appointments
and appointed William Perkins to the Commission. Council had the opportunity
to appoint a member to the other seat on the Commission.
Councilman proft expressed serious concerns about Item 3 of the Resolution,
specifically the statement "Camiissioners may be muuucil members" rather than
"Commissioners shall be council members". He further questioned the intent
of the statement " .in the event a council member is appointed commissioner
and thereafter ceases to be a council member, the office of commissioner shall
thereby automatically became vacant." Councilman Proft asked to go on record
voicing the Council's displeasure at the Board of Supervisors not following
through with the Council's request.
Councilman McReynolds expressed the opinion that this Resolution did not solve
the situation and was a continuation of the problem. He suggested the Town
proceed with actions to withdraw from the District and ask the City Attorney
to proceed with litigation actions to try and recover the funds which were
taken from the District.
Mr Bruce Th�nFson 12500 Corbetta Lane, admonished the Council not to allow
its Pursuit of prerogatives be oompiomused or J. in any manner to
get out of the District or obtain autonomy and do not allow one split second
for any contracts to be signed without approval of this Council.
Councilman Perkins was opposed to Councilman McReynolds suggestion concerning
withdrawal and noted that he thought withdrawal consideration should be based
on hard facts, particularly those of economics. Councilman Perkins further
reminded Council of the Joint Response Agreement which was an understanding
between the fire departments and had been arrived at at the working level not
the political level. Councilman Perkins also noted that Council should be
well aware of the actions (minutes and mations) of the Board of Supervisors
and SB154 and AB8 which described exactly haw these procedures were handled.
CITY QDONCIL MD.NUTPS - December 17, 1960
Y_ G. NEW BUSINESS: (continued)
ti,
KYTION SEOONDED AND CARRIED: Moved by McReynolds, seconded by Hillestad and
passed by the following roll call vote to proceed with consideration of
withdrawal from the Ins Altos Fire Protection District.
AYES: Mayor Nystrom and Councilmembers Hillestad, McReynolds and Proft
NDFS: Councilman Perkins
MOTION SEC3MED AMID CARRIED: Moved by McReynolds, seconded by Nystrom and
passed unanimously to ask the City Attorney to pursue the legal matter of
recovering the funds taken from the District.
The City Attorney stated he would report on this at the second meeting in
January.
The City Manager suggested that the Council write a letter to the incoming
member of the Board of Supervisors from our area expressing their concerns
about the Resolution and requesting modifications be made. Councilmenbers
concurred that a letter should be sent.
H. ADJOURZ=:
These being no further new or old business to discuss, the City Council
adjourned at 9:05 p.m.
nil
Respectfully suhmitted,
Patricia Dowd