HomeMy WebLinkAbout07/06/1977CITY COUNCIL
TOWN OF LOS ALTOS HILLS
26379 Fremont Road
Los Altos Hills, California
MINUTES OF A REGULAR MEETING
Wednesday, July 6, 1977
cc: Reel 103, Side 1, Tr. 2, 001 -End; Side 2, Tr. 2, 001-271
Mayor Keith Brown called the Regular Meeting of the City Council to order at
7:35 P.M. in the Council Chambers of Town Hall:
A. ROLL CALL:
Present: Council Members Cheney, Hillestad, McReynolds, Proft, Mayor Brown
Staff: City Manager Robert Crowe, City Attorney Frank Gillio, City Engineer
Alex Russell, Engineer/Planner John Markl, Commissioner Carico for
Planning Commission, City Clerk Norma Hislop
Press: Ellen Norman, Palo Alto Times; Canice Evans, Town Crier; Judy Telfer,
Mercury -News.
B. CONSENT CALENDAR:
City Attorney Frank Gillio withdrew Item 3 b) from the Consent Calendar, stating
that it would appear on the next Council Agenda. The purpose, he stated, was to
give the Council the opportunity to review the Environmental Assessment State-
ment prior to setting the date for public hearing on the proposed amendment to
the Municipal Code.
At the request of Councilwoman Hillestad, Items 1 b) and d) were removed from
the Consent Calendar for separate consideration.
MOTION SECONDED AND CARRIED: Councilman Proft moved, seconded by Councilwoman
Hillestad, and unanimously carried to approve the remaining items on the Consent
Calendar, specifically:
1. Approval of Minutes:
a) June 9, 1977 (Adjourned Meeting)
c) June 16, 1977 (Adjourned Meeting)
2. Approval of Warrants: $43,778.00.
3. Resolutions for Adoption:
a) Resolution #1042, setting July 20, 1977 as date for public hearing on
the report of Sewer Service charges proposed to be collected on the
1977-78 tax roll.
c) Resolution #1043, authorizing execution of Agreement for performance of
1*41 services as City Attorney between Town and Frank Gillio.
CITY COUNCIL MINUTES - July 6, 1977
CONSENT CALENDAR (Cont'd):
4. Motions for Adoption: Setting July 20, 1977 as date for hearing
requests for tentative map approval for:
a) Rolling Hills Subdivision, File dTM2057-77.
b) Saddle Mountain Estates, File #TM2060-77, as well as consideration
of Environmental Impact Report acceptance.
ITEMS REMOVED FROM CONSENT CALENDAR FOR SEPARATE CONSIDERATION:
1. Approval of Minutes:
b) June 15, 1977 (Regular Meeting): Councilwoman Hillestad wished to
clarify her question pertaining to signs which she had brought up under
"New Business," page 6 of these Minutes. She stated that her concern had
not been whether the Council could legally do something; rather, it was
to see if the Los Altos Board of Realtors could be contacted with regard
to changing their policy.
There being no objection from Council, Mayor Brown directed the Clerk to
so amend the Minutes and directed the City Manager to contact the Board
of Realtors on the matter.
d) June 21, 1977 (Adjourned Meeting): Councilwoman Hillestad noted that
the summary of discussions held during the hearing on the tentative map of
Lands of Berger, File #TM2058-77 did not reference the concern she had
expressed with regard to future plans for Altadena Road. She requested that
the record reflect her request to see this question addressed when the
developer submits a new map to the Planning Commission.
Council had no objections to this request and the Clerk was so directed to
amend these Minutes.
MOTION SECONDED AND CARRIED: Councilwoman Hillestad moved, seconded by Councilman
Proft to approve Items b) and d) on the Consent Calendar as amended (above). Motion
carried unanimously by roll call vote, Councilman Cheney abstaining from approval
of the June 15, 1977 Minutes since he was absent from the meeting.
C. SPECIAL REPORTS:
1. Reports of Standing Committees: None
2. Reports of Ad Hoc Committees: None
3. Presentations from the Floor: None
D. STAFF REPORTS:
1. City Clerk: Request for supplemental budget allocation.
City Clerk Norma Hislop presented Council with a brief background with regard
to her request, noting that two Consultants, in their Reports to Council in
1966 and 1972, respectively, had recommended the purging of old files, the
setting up of an indexing system, and other procedures which, to date, had not
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CITY COUNCIL MINUTES - July 6, 1977
STAFF REPORTS (Cont'd
been implemented. She noted the Council's budget allocation for 1976-77
which had allowed her to index the City Council Minutes from 1956-66, to
date. The system which she was proposing would be merged with the present
project, thus giving the Town a Legislative Action History from the Town's
incorporation. She also pointed out that the Legislative History would be
cross-referenced and tied into the City Clerk's -Administrative files so that
retrieval of documents and information would be readily at hand, and that a
Procedures Manual would be written so that any Staff changes would still
insure that the system would be kept up.
Mrs. Hislop stated that the supplemental allocation needed for such a system
would be approximately $7,000.00, and proposed that, prior to making any
final decision on the matter that Council make a field trip to another City
which had implemented the same system and see how it operated.
Mrs. Elizabeth Fiksdahl, Chairman of the Pathway Committee, supported the
proposal for such a system, noting the condition of some of the files the
Committee had worked with in their attempts to compile a Master Trails and
Paths map.
Council agreed to make a field trip as proposed, and requested that Staff make
the necessary arrangements with the City of Millbrae before action was taken.
The following items were taken out of order as they appear on the Evening's Agenda
�+ since the time had not yet arrived for Special Orders. For the sake of continuity,
these Minutes reflect Council action as the items appear on the Agenda.
E. SPECIAL ORDERS:
1. Consideration of FY 1977-78 Budget:
City Manager Robert Crowe stated that in two previous Study Sessions on the
proposed budget, Council had agreed by concensus to various modifications as
outlined in the Minutes of those meetings. He reviewed the various changes
that had subsequently been made to the Budget Summary Sheet as well as
Departmental budgets.
Mayor Brown opened the discussion to members of the public prior to hearing
comments from Council.
Speaking from the Floor:
Mr. Larry Giller, Vinedo Lane: Objected to the expenditure of funds for travel
and meetings by Council and Staff, stating that he felt the funds should be
better utilized to provide better services and benefits to the residents, such
as pathway maintenance, street repair and police protection.
Mr. Oscar Sobel, Christopher's Lane: Thought additional monies should be spent
[ to improve the many streets within the Town which were in need of repair.
44' Mrs. Judith Carico, O'Keefe Lane: Speaking as a private citizen, stated she felt
it was important for elected and appointed officials, as well as Staff members,
to attend meetings outside the Town to protect its' interest; that it was such
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CITY COUNCIL MINUTES - July 6, 1977
CONSIDERATION OF FY 1977-78 BUDGET. (Cont'd):
influences which posed the greatest threat to the Town, and it behooved
Town officials to protect the City's interests.
There being no further comments from the public, discussion was returned to
the Council table.
Councilman Cheney commented that he felt the Budget Summary before Council
was distorted; that the unappropriated reserve approved by Council for last
Fiscal Year had been $130,000.00, however, this year the figure had been
changed to $180,000.00. He expressed his fear that a large buildup of Reserve
Funds might be for the purpose of establishing a City Police Force. He stated
that he felt the over-all Budget could be reduced and therefore could not support
It. Councilman Cheney also wished the record to show that the figures he
quoted this evening with regard to Assessed Valuations were those he had read
in the Palo Alto Times newspaper.
Mr. Crowe presented a brief overview of percentages of tax dollars spent
by the Town compared with other cities within the State of comparable size.
A general discussion between Council Members and Staff ensued with regard to
street problems and the number of miles of streets overlaid within the past
several years, which the City Manager estimated to be approximately eleven,
with another five miles scheduled to be done this year. In response to Council,
Mr. Crowe stated that there were approximately 55 miles of paved roads within
4r the Town's boundaries. He also stated that road in -lieu fees and gas tax
funds were used on capital improvement projects for streets and that funds
were appropriated from the General Fund for routine maintenance and street
improvement.
Mr. Crowe also explained the Unappropriated Fund Reserve figures at the request
of Councilman McReynolds, stating that if the estimated revenues were close to
his estimates, the Reserve would be the total of those estimates, fund balances,
revenue, less expenses.
Councilman Cheney wished the Minutes to reflect that the $42,000.00 in Revenue
Sharing Funds were not so restricted that they could not be spent on items such
as pathways, parks and roads.
Discussion also concerned the "Dry Period Reserve", Councilman McReynolds stating
that he felt this was a misnomer in that these funds allowed for such emergencies
as landslides, law suits and other unknown contingents. He recalled the time
when the Town was not prepared for such occurrences and had to increase the
taxes in order to fund these emergencies. With regard to where reserve funds
were located, Mr. Crowe explained that these monies were invested in different
banks earning interest, and that it would require collusion on the part of at
least four persons to abscond with such funds.
Councilwoman Hillestad commented on the proposed expenditures, stating that she
felt that Staff members should be adequately compensated; that meetings attended
during the year by Officials and Staff were for the benefit of the Town. She
noted that she had never taken a vacation at the expense of the taxpayer, and
invited any interested member of the public to attend any trip with her, at their
own expense, if they wanted to see whether she was representing the City the
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CITY COUNCIL MINUTES - August 6, 1977
CONSIDERATION OF FY 1977-78 BUDGET (Cont'd):
way the Townspeople wished to be represented.
Councilman Cheney moved to return the Budget to the City Manager to correct
the figures on the Budget Summary page relating to Revenues, and to place
the $260,000.00 surplus in the Budget for use on road projects. Motion failed
for lack of a second.
Councilwoman Hillestad moved, seconded by Councilman Proft to adopt Resolution
#1044 adopting the Budget for the Town of Los Altos Hills for Fiscal Year
1977-76. Motion carried by the following roll call vote:
AYE: Council Members Hillestad,
NO: Councilman Cheney
ABSENT: None
ABSTAIN: None
McReynolds, Proft, Mayor Brown
2. Proposal for Planning Services relative to the General Plan:
Mr. Crowe stated that, as a result of actions taken earlier this year, a
proposal had been solicited for updating of the General Plan and bringing
the Plan and the Town's zoning Ordinance into conformance with each other.
He said that Council had appropriated the funds for this purpose within the
frame of the adopted Budget. In response to Councilwoman Hillestad, Mr.
Crowe explained the procedures proposed by the firm of William Spangle and
Associates with regard to the Task Force.
Further discussion concerned the possibility of seeking other proposals, the
capability of Staff to do such a Study, and it was emphasized that the Task
Force which had been proposed to consist of Council Members, Planning Commission
Members and Staff, would provide guidance to the Consultant prior to Public
Hearings before the Planning Commission and City Council. Mayor Brown proposed
that the Task Force consist of the City Manager, City Engineer, Commissioners
Lachenbruch and Perkins, who had participated in such a Study previously, and
Councilman McReynolds and himself. Mr. Crowe suggested that Staff members not
be included as part of the Task Force, but to be available to that Body for
comment and assistance. He suggested that Council might wish to consider
appointing a third Commissioner, since that would still not make a quorum from
either official body. Councilwoman Hillestad suggested Commissioner Stewart.
Council concensus was to agree with the Task Force as proposed to consist of
two Council Members, three Planning Commissioners, Staff to provide assistance
only.
Councilman McReynolds moved, seconded by Councilman Proft to direct the City
Attorney to draw up an Agreement between the Town and William Spangle and
Associates for planning services to review the General Plan, zoning and
subdivision regulations to determine compliance with State Law. Motion carried
by the following roll call vote:
AYE: Councilmen McReynolds, Proft, Brown
NO: Councilman Cheney, Councilwoman Hillestad
ABSENT: None
ABSTAIN: None
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CITY COUNCIL MINUTES - July 6, 1977
PROPOSAL FOR PLANNING SERVICES (Cont'd
Councilman Cheney moved, seconded by Councilman McReynolds to approve
the Committee Task Force as amended by Council (above). Motion carried
unanimously by roll call vote.
Mayor Brown directed Staff to inform the Committee Members of their new
duties.
3. Request for revision to Condition #1 of Use Permit - Daughters of
Charity, File #CUP 340-70:
Mr. Crowe stated this request was being made because a better location
for the building proposed had been found after the issuance of the Conditional
Use Permit, and the change would allow for the relocation of the building
site.
Councilman McReynolds moved, seconded by Councilwoman Hillestad, to approve
the revision to Conditional Use Permit #340-70, Daughters of Charity, as
recommended by the Planning Commission. Motion carried unanimously by roll
call vote.
4. Request for Tentative Map Approval, LANDS OF RICH, File #TM2048-76:
Mr. Rich, applicant, addressed Council requesting reconsideration of Planning
Commission recommendations with regard to pathway requirements, as well as
road in -lieu fees. He expressed concern over the pathway easement which he
felt was not in a good location and did not think that this was what the Town
really wanted for their pathway system. Mr. Rich also objected to Condition
#13 on the basis that there was no set dollar amount, and did not feel the
improvements required were warranted since no accidents had occurred at the
intersection in question.
Council, Staff, and applicant discussed the conditions recommended by the
Planning Commission. Mrs. Elizabeth Fiksdahl, pointed out that the Pathway
Committee had requested an easement only, and that the pathway might never be
developed if easements over adjacent properties were not granted, in which
case, the easement could be abandoned at that time.
Councilman McReynolds stated that if Staff could foresee possible hazards with
this intersection, then it was the obligation of Council to require the problem
to be corrected at this time. He therefore could not go along with relieving
the applicant of the responsibility to improve the intersection. After further
discussion, the following actions were taken:
Councilman Proft moved, seconded by Councilman McReynolds, to amend Condition
#13 as recommended by the Planning Commission to include, at the end of the
first sentence the words, "or, Town to condemn the property, the applicant
paying for all expenses concerned with the condemnation, if necessary." Motion
carried by the following roll call vote:
AYE: Council Members Hillestad, McReynolds, Proft and Mayor
NO: Councilman Cheney
�r ABSENT: None
ABSTAIN: None
CITY COUNCIL MINUTES - July 6, 1977
SPECIAL ORDERS (Cont'd):
LANDS OF RICH (Cont'd):
Councilman Proft moved, seconded by Councilman McReynolds, to amend
Condition 1 c) as recommended by the Planning Commission by changing the
word "should" in the first sentence to the word "shall."
Councilman McReynolds moved, seconded by Councilman Cheney, to waive the
path in -lieu requirements because of the amount of land required to be
dedicated. Motion carried unanimously by roll call vote.
Councilman Proft moved, seconded by Councilman Cheney, to approve the tentative
map, LANDS OF RICH, File #TM2048-76, subject to the conditions as recommended
by the Planning Commission and as amended by Council (above). Motion carried
unanimously by roll call vote.
5. Request for Tentative Map Approval, LANDS OF TRAFICANTI, File #TM2055-77:
Mr. Crowe noted that no action had been taken by the Planning Commission with
regard to the proposed tentative map before Council; that the Commission was
reluctant to grant the conditional exception of having more than five homes
on the private road (Voorhees Drive).
Council and Staff discussed Council dialogue which had occurred previous to
the proposed subdivision in which a concensus had been reached that certain
t portions of Voorhees Drive would remain private. Council concurred that their
�r position had not altered, and requested that Staff inform the Planning
Commission of the following action:
Councilman Proft moved, seconded by Councilman Cheney, that the City Council
is on record as agreeing that Voorhees Drive should be maintained as a private
road from the easterly boundary of the Clawson property to the easterly
terminus of Voorhees Drive. Motion carried unanimously by roll call vote.
With the consent of the applicant, the proposed tentative map was referred back
to the Planning Commission for further action and recommendation at the next
meeting of the City Council.
6. Consideration of design concept for Page Mill Culvert Improvements:
City Manager Robert Crowe noted the alternative approaches to the design of
the culvert improvements proposed for Page Mill Road. He stated that Staff
agreed that Alternative "E" was the one recommended for Council approval.
After discussion by Council and Staff regarding the major and basic differences
in the alternative designs, Councilman Proft moved, seconded by Mayor
Brown to approve the design concept outlined by Alternative "E" submitted by
Jones_
Tillson & Associates. Motion carried by roll call vote, Councilman
McReynolds dissenting.
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CITY COUNCIL MINUTES - July 6, 1977
F. GENERAL ORDERS & UNFINISHED BUSINESS:
Request for Encroachment Permit- Mr. Ray Markham, Summitwood Drive
Mr. Crowe presented the background of the request, stating that the
applicants had constructed a fence within the right-of-way easement on
Sunmitwood, a private road. Staff did not consider this a traffic hazard;
however, he recommended that, if Council granted such a permit, that it
be conditioned upon removal at the applicant's expense, should the need
arise at some time in the future.
City Attorney Frank Gillio stated that, if Council were to approve such a
permit, he would draw up the proper papers necessary for the signature of
the applicant and the Mayor.
Mrs. Markham addressed Council as to their reasons for installing the fence,
which was essentially for privacy, and the traffic safety problems present
with motorists takinq the curve located by their property at too high a
rate of speed. She also stated that neighbors had commented on the reduction
of noise from squealing brakes and speeding motorists since the fence had been
installed. After discussion between applicant. Staff and Council Members,
the following action was taken:
Councilman Cheney moved, seconded by Councilwoman Hillestad to grant the
encroachment permit requested by Mr. and Mrs. Ray Markham, and direct the
City Attorney to prepare the proper agreement to indemnify the Town. Motion
carried unanimously by roll call vote.
4w G. NEW BUSINESS:
1. Councilman Proft: Requested that the City Attorney investigate methods
of controlling types of fences and barriers to be installed on private
property, noting a letter received from a resident with regard to a fence
installed along Fremont Road recently. He requested a report from the City
Attorney at the earliest possible time.
2. Council -Commission Joint Meeting: City Clerk Norma Hislop requested
confirmation of the tentative date scheduled by the Council for the requested
joint meeting of the Planning Commission -City Council which had been set for
July 9th, Saturday, at 9:30 A.M. Council concensus was to re -schedule the
meeting to early August, and requested that the Commission and Council Members
be polled as to the most convenient date.
G. ADJOURNMENT:
Council adjourned to their next Regular Meeting at 12:10 A.M.
Respectfully submitted,
Norma J. Hislop
City Clerk