HomeMy WebLinkAbout05/19/1976E CITY COUNCIL
�r TOWN OF LOS ALTOS HILLS
.0379 Fr;lmjnt Road
Los Altos Hills, California
MINUTES OF A REGULAR MEETING
Wednesday, May 19, 1976
cc: Reel 67, Side 2, Tr. I - 703 -End; Side 1, Tr. 2 - 001-1207
Mayor Robert Cheney called the Regular Meeting of the City Council to order at
7:30 P.M. in the Council Chambers of Town Hall:
A. POLL CALL:
Present: Councilmen Brown, Grabowski, Proft, Councilwoman Hillestad, mayor
Cheney
Staff: City Manager Robert Crowe, City Attorney Frank Gillic, City
Engineer Alex Russell, Town Planner Ken Pastrof, Chairman Hahn
for Planning Commission, Deputy City Clerk Norma Hislop.
Press: San Jose ilercury-News: Ms. Becky Lavaly
Palo Alto Times: Ms. Evelyn Richards
6• B. CONSENT CALENDAR
At the request of Mrs. Georgia Thomas, Item 3 b) was removed from the
Consent Calendar; Mayor Cheney requested separate consideration of Item
3 a); and Mr. Robert Crowe, City Manager noted,for Council's information,
that Warrant #1197 on the Warrant 1_ist should read "Uhitmore" only.
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: April 29, 1976 (Adjourned Meeting)
2. Approval of Warrants: $16,623.97.
ITEMS REMOVED FROM. CONSENT CALENDAR FOR SEPARATE COh15IDERATION:
Mayor Cheney noted that the applicant on Item B3 b) had called and requested
t{7_t this matter be deferred until after 9:30 P.M. so that he could attend.
Councilman Prcft noted that many people in the audience were there to address
the matter, and suggested that Council hear what they had to say and defer their
action until the applicant arrived. Counncil so agreed with Councilman Proft.
Iri order to provide continuity, those persons speaking from the floor at this
time will appear in the Minutes under subject request for variance.
a) LANDS OF McCANDLESS, File #BSA6067-76:
Mr. Crowe noted that the Planning Cemnission had recommended approval
of the request for BSA subject to conditions.
CITY COUNCIL MINUTES - May 19, 1976
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ITEMS REMOVED FROM CONSENT CFlLF.PJ",A.R FOR_.`,f:PA2"_T° CONSIDERATION iCont'd):
LANDS OF MCCANOLESS ( ont'd].:
Councilman Proft questioned the necessity for an additional Site Development
Committee meeting indicated by Condition #9, and Mr. Pastrof, Town Planner,
noted that this meeting was for the purpose of reviewing the grading plan for
the property.
Mayor Cheney moved, seconded by Councilman Proft to delete Condition #9 from
the recon needed conditions. Motion failed by the following roll call vote:
AYE: Councilman Proft, Mayor Cheney
NO: Councilmen Brown, Grabowski, Councilwoman Hillestad
ABSENT: Nene
ASSTAIN: None
Councilman Proft also asked why a path in -lieu fee was not required for this
lot, to which Mr. Crowe resporded `hat the Town did not have a set policy
regarding in -lieu fees on all Luilding lots.
Councilman Brown moved, seconded by Councilman Proft that an additional
condition be imposed to require path in lied fees for 132.87 feet on subject
t` property at $1.00 per foot for a Type 1A natural path. Motion failed by
the following roll call vote:
AYE: Councilmen Bram, Proft
NO: Councilman Grabowski, Councilwoman Hillestad, Mayor C:leney
ABSENT: None
ABSTAIN: None
Further discussion ensued pertaining to path in -lieu fees, with Mr. Crowe
recommending that the matter be referred to Staff for study and recon.nend-
ation.
Speaking from the Floor:
Planning Commissioner T. Schick: Suggested that if policy were to be
established by Council, it be put in Ordinance form.
Planning Coma,issioner J. Carico: Concerned over how Council would determine
fees for bailding site approvals if this were going to be a set policy.
Aft, -r va•ious sugr;,tions made by Council rembers, it was Council ccncersus
to have Stzff sn-A, the matter of path in -lieu fees further and return to
Council with recoavn3ndations for a uniform policy.
Councilman Proft moved, seconded by Councihroman Nillestad, and unanimously
carried to grant toe request for building site a;.n:,oval for LANDS OF
MCCANDLESS, File OBSA6067-76 as recommanded by the Variance and Permit
Commission.
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CITY COUNCIL MEETING - May 19, 1976
C. SPECIAL REPORTS: -A4, a �,,,.�iC%L<-+�.n.-,.Jj
1. Reports eF $tanJ:ny committees -'ira°fir and Public Safety Committee: lk—z e
Mrs. Irma Goldsmith, C'bairman of the Committee reported to Council on a
matter which had been brought to the attention of thair group concerning the
dangerous conditions around the Town's Little League Field on Purissima Rd.
She noted the Committee had not had time to study the matter in-depth, but
because the matter was of immediate concern, her Committee suggested the
possible installation of stop signs which would stop traffic coming from both
directions and also the placement of "stop ahead" signs to warn motorists of
the approaching stop, or the placement of permanent seasonal signs.
Mayor Cheney thanked Mrs. Goldsnith for her report and said the matter would
be discussed further in the evening under "New Business", since Councilwoman
Hillestad had a report to make on this subject.
2. Reports of Standing Committees: Mone.
3. 2e?ort of Planning Commission Subcommittee on Open Space
Councilman Grabowski commented that the Subcommittee Report was a very
thorough one which required some sort of action by Council if they were
of the same opinion, since the findings and conclusions of the report ware
4Wof a serious nature. He thought it well to point out fcr the record that
Section 9-4.804 of the Municipal Code determined that the public interest,
convenience, health, welfare and safety require that four (4) acres of
property for each one thousand persons residing within the Tcwn was adequate,
and, under this formula, the Town had one hundred and sixteen (116) acres of
open space. Councilman Grabowski also noted that of the taxes paid by the
Town's residents, $.10 was paid to the County for open space; $.10 went to
the Hid -Peninsula Regional Park District. and $.62,of the Town's tax went to
the acquisition of open space, which was a lot of money for which the citizens -
received almost no benefit. 4.643>> 6/,4114, .,S/�
Councilman Brown also pointed out the report failed to mention that the Town
is surrounded by 3,000 acres of open space in addition to that here in Town.
Councilman Proft commented that he did not believe in acquiring open space for
open space, but did not agree with Councilman Grabowski that additional ape+.
space was not needed. He thought alternatives methods should be explored fur
that acquisition, such as Williamson Act Contracts.
Because City Attorney Frank Gillio would be out of town for the next Council
meeting, he stct'ed he would like to make several comments this evening in
this regard. Pir. Gillio directed Council's attention to recent court cases
which involved cities and special districts, comm-nting en the fundamental
powers granted to special districts. He noted that the Mid-Peninsual Regional
Park District could condemn property within the Toon for open space acquisition
` and that their powers were broad. He also commented on the fact that school
districts could exempt themselves from 'focal Ordinances, and addressed the
Limitations of those exemptions.
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CITY COUNCIL MLAUTES - May 19, 197G
Report of Planning Commission Subcommittee _n G!!e❑ Suace (Cent'd
Councilman Grabowski felt that the Hid -Peninsula Regional Park District did
not benefit the Town and requested that Council cons-idor withdrawing from
the District through a Resolution to the Local Agency Formation Commission,
asking that this matter be placed on the Council Agenda the first meeting in
July for consideration. Council so agreed.
Speaking from the Floor:
Mrs. Lucille Gould, Ortega Drive: Referred Council to recent article in
newspaper regarding the Mid -Peninsula Regional Park District.
Mrs. J. Carico, Chairman, Planning Commission: Asked City Attorney if the
Town had first priority in purchasing School District, State, or County -
owned land within the Town, to which Mr. Gillio responded that there were no
priorities. In response to another question by tars. Carico, Mr. Gillio noted
that the Town had the power to buy and sell land, but it also depended on
what type of funds were used to purchase such lands.
commissioner T. Schick, Planning Commission: Noted for the record that the
Subcommittee of the Commission had consisted of former Commissioner Proft,
Commissioner Young, herself, and Mrs. Lucile Gould. She also hoped that the
L Council would accept the report, act on it, and keep it alive.
Council Members agreed that the report was thorough and extensive, and well
done. Councilman Grabowski moved , seconded by Councilman Brown, to accept
the report of the Planning Commission Subcommittee on Open Space dated
May 13, 1976, and that the recommendations contained therein be agendad for
Counsel action the first Council meeting in July. Motion carried unanimously
by roll call vote..
D. S7AFF REPORTS, CORRESPOP'.DEMCE & AP!NOUNCEi4ENTS: None
E. SPECIAL ORDERS:
1. Public Hearing re abandoning a portion of a certain street (Elena Road):
City Attorney requested that Council call a short Executive (Litigation)
Session before any further action on this subject this evening. Council
adjourned to said session at 8:35 P.M. and returned to resume the Order of
Business at 8:55 P.M.
Mayor Cheney announced that the public hearing on the above matter would be
continued to the second meeting in June.
2. Request for Final flap Approval - Fensom Subdivision, File #FM3CC5-74:
Mr. Crowe stated that the subject subdivision had been approved tentatively
approximately three years ago with conditions; that those conditions had been
met, the City Attorney had prepared the necessary Agreements, and that the
map before Council was in conformance with Town Ordinances and State Law, and
that the improvements were also in conformance with Ordiances and good
Engineering practices; therefore, Staff recommended approval.
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CITY COUNCIL MINUTES - May 19, 1976
SPECIAL ORDERS (Cont'd):
Request for Final Man Approval - Fansom Subdivision (Cont'd):
Councilman Grabowski moved, seconded by Councilwoman Hillestad to adopt
Resolution #955 approving final map and approving and authorizing execution
of Subdivision Agreement between Town and Developers of Fensom Subdivision,
Tract #5264, File #843006-74. Motion carried unanimously by roll call vote.
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3. Request for relief from check list condition, LANDS OF BESEMER, File #
6035-75:
City Engineer Alex Russell explained that the purpose of the request fcr
relief from this condition was to preserve. an old, existing oak tree on the
lot. He stated that the applicant's Engineer and he had discussed this matter
and concluded that this could be accomplished if a retaining wall were in-
stalled and the area back-filled properly.
Councilman Grabowski moved, seconded by Councilman Brown, to grant the
applicant relief from check list Condition #2, LANDS OF BESEMER (formerly
Bell), File #6035-75, conditioned upon the applicant's installing a retaining
wall with proper back -filling of the area in accordance with good engineering
principles. Motion carried unanimously by roll call vote.
Speakine from the Floor:
Mrs. Florence Fava, Moody Road: Concerned that property owner was using the
address of "Toyon Place", which was not a street, and therefore should not be
used. Council directed Staff to inform tl,e owner that this was not an
official address and should not be used.
4. Lands of Westwind Farms: Determine use for Town -owned property:
Mr. Crowe noted that the suggested uses for the Westwind Property had been
referred to the Planning Commission for recommendation at the last Council
meeting. He stated that the Commission had subsequently discussed the matter
and had forwarded the recommendation to Council that the property be used
as a horse facility as it had been historically, if it would be economically
feasible. The Commission also pointed out that other Community uses might be
considered in conjunction with this use, such as, 4-H Club and Future Far�ers
of America uses.
Sneaking from the Fleor in fervor of using the Droperty as a horse facility:
Mr. Oscar Sobel, Christopher's Lane
Mr. Pete McSv.-eney, Topar Ln, County
Mr. Jitze Couperous, Page Mill Rd.
Mrs. Sandra DeSalvo, Robleda Rd.
Mrs. Fran Stevenson, Beaver Ln.
Mrs. Carol Gottlieb, Summerhill Rd.
M-. Cindy Sieven<-on, Beaver Ln.
Ms. Hcidi Hanson, Melody Ln.
Soeakinq from the Floor in concern of additional costs to Town for facilit
Mrs. T. Schick, Weston Road Mrs. Lucille Gould, Ortega Drive
Mrs. Alma Wood, Stonebrook Road Mrs. J. Carico, O'Keefe Lane
Mrs. Mildred Gallo, LaLanne Ct. 5-
CITY COUNCIL MINUTES - May 19, 1976
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SPECIAL ORDERS
., irdD FARM (Cont'd):
Commissioner William Hahn, speaking as the Planning Commission representative
read the specific recommendation of that body, which recommended the use as
a horse facility with the condition that it involve no additional cost to the
Town and the recommendation that Council consider conjunctional uses along
with a horse facility.
Councilman Grabowski requested clarification of the "landlocked" nature of the
property. Mr. Crowe responded that there was no other access to the Westwind
Barn except over the present access road through the Bryne Preserve. He said
this could be used for access with the consent of the Nature Conservancy,
since the use would be a recreational activity.
Council questioned Staff as to whether the Town could insist that preference
for boarding be given residents of the Town, whether a commercial enterprise
could be conducted under the grant deed stipulation, and whether a sprinkler
system had been installed in the barn. City Attorney Frank Gillio stated
that the use would be in accordance with park and recreational -related uses,
and thus would comply with the deed restrictions. fir. Crowe noted that the
Town could stipulate the preference only if a resident were available to
lease a paddock, and noted that a 4" pipeline had been installed up to the
barn for water, but a fire sprinkler system had not been installed to date.
After further discussion between Council members and Staff, Councilman Brown
moved, seconded by Councilman Proft, to direct the City Manager and City
Attorney to develop guidelines and conditions for soliciting proposals from
interested parties who would be willing to operate Westwind Farms in an
economically feasible manner at no cost to the Town. Said guidelines to be
presented to Council for review and approval. Motion carried by the following
roll call vote:
AYE: Councilmen Brown, Proft, Councilwoman Hillestad, Mayor Cheney.
NO: Councilman Grabowski.
ABSENT: None
ABSTAIN: None
TAKEN OUT OF ORDER AS IT APPEARS ON THE COUNCIL AGENDA:
B. 3 b) Request for Variance from setback lines for tennis court, LANDS OF
SCALISE, File #7026-76.
fir. Crowe noted that the request by the applicant was for a variance from the
side yard setback lines for the construction of a tennis court, and that the
Variance & Permit Commission had recommended that Council deny the request
without prejudice.
Mr. Scalise, applicant, addressed Council regarding concerns which had been
�W raised if such a Variance were granted. He noted there would be a minimum
upset of existing terrain, the visibility problem would be enhanced in time
with the plantings. He also addressed the six points outlined in the Muni-
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CITY COUNCIL MINUTES - Play 19, 1575
SPECIAL ORDERS - ITE}H TAKEN OUT OF ORncc !r_•'J7_•
LAPIDS OF
,.opal Gatirt which addressed the reasons for granting a Variance`.
c _40
Speaking from Floor against qrantinq of Variance:
Mr. Art Bunse, Todd Lane Mr. B. L. Pfeffer, Todd Lane
Mr. D. Koon, Newbridge Road
Mrs. Georgia Thomas, a neighbor closest to the property, also addressed
Council, advising them that four of the eight people who had signed the
petition in favor of the Variance 'or the applicant, had subsequently re-
quested that their names be removed from said list. She noted that they
were not against a tennis court, but would like to see it stay within the
setback lines of the property.
In response to Council, Commissioner Hahn outlined the Commission's reasons
for denying the request.
After further discussion between Council and Staff, Councilman Grabowski moved,
seconded by Councilman Brown to uphold the Variance & Permit Commission's
recommendation and deny the request for Variance, LANDS OF SCALISE, File
#7026-76, without prejudice. Motion carried unanimously by roll call vote.
F. GENERAL ORDERS AND UNFINISHED BUSINESS:
1. Consideration of Resolution # authorizing reapplication for State
Parks grant funds re Matadero Ridge Park.
Mr. Crowe noted that last year he had filed an application for grant funds
from the State for the acquisition of the 58 + acres of land owned by the
Palo Alto Unified School District, which had subsequently been denied because
of a technicality. At that time, the State had indicated that the application
might be considered if the Town were to re -apply this year. He asked for
direction from Council as to whether they wished him to re -apply.
In response to Councilman Grabowski, 11r. Crowe noted that the grant was in
the amount of $260,000, which required matching funds from the Town in order
to be eligible. However, in this case, he noted, the School District would
match the funds, in that they would accept the $260,000 as payment in full
for the property located off Page Mill Road.
When asked where the name "Matadero Ridge Park" had originated, Mr. Crowe
responded that this was the name chosen for the application for funds.
Council also expressed concern over the wording of the Resolution drawn by
the City Attorney in conformance with State guidelines which called this the
i, "Page Hill Outdoor Land Project." Council also discussed with Mr. Gillio
�w recent court cases which might have a bearing on the Town's accepting any
federal monies for such an acquisition.
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CITY COUNCIL MINUTES - May 19, 1976
GENERAL ORDERS (Cont'd):
MATADERO RIDGE GRANT APPLICATION (Cont'd):
Speaking from the Floor against applying for grant funds:
Mrs. T. Schick, Weston Road Mrs. Mildred Gallo, LaLanne Court
Mrs. Lucille Gould, Ortega Dr. Mrs. Patricia Standring, Cortez Ln.
Mr. William Downey, DeBell Dr.
Speaking from Floor urging submission of application with final determination
made to accept or not to be made at a latar date:
Mrs. Elizabeth Fiskdahl, Chairman, Pathway Cemlitittee
Mr. W. Babbit, Via Ventanna Mr. Larry Geller, Vinedo Lane
Mr. Mike Kiernoff, South Forks Ln. Mr. Scott Bryan, Roble Blanco
Planning Commission representative,Nilliam Hahn, spoke concerning the use of
taxpayers money for such grants.
Discussion returned from the Floor to Council, with Council members expressing
concern that said grant funds were tied in with the Department of the Interior
and HUD and the statements of the City Attorney pertaining to recent court
decisions. Councilman Proft also noted the absence of an Open Space
Acquisition Plan for the Town.
Councilman Brown moved, seconded by Councilman Grabowski not to apply for
Grant funds from the State for the acquisition of Palo Alto Unified School
District lands (Matadero Ridge Park). Motion carried unanimously by roll
call vote.
Council also directed Staff to prepare a letter to the Palo Alto Unified
School District informing them of Council action this evening; further, that
the Town would not be interested in purchasing this land with any other
Town funds.
G. NEH BUSINESS: (TAKEN OUT OF ORDER)
1. Councilwoman Hillestad:
Councilwoman Hillestad informed Council that she had met with the Town's
Security Officer and the Deputy from the Sheriff's Department, as well as
the City Manager concerning the urgency of traffic problems in the area
of the Little League Field on Purissima Road. She noted alternative
solutions suggested at this meeting, some of which would be temporary
solutions only; others which would be permanent. Alternatives discussed
were the hiring of a crossing guard for the times the field was in use;
the installation of a permanent flashinq red light; the installation of
permanent or seasonal stop signs.
Council discussed the feasibility of each alternative presented, as well
as their costs.
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CITY COUNCIL MINUTES - May 19, 1976
NEW BUSINESS (Cont'd):
Councilwoman Hillestad Cont'd :
Councilwoman Hillestad moved to install the flashing red light, which she
felt would be a permanent solution to the problem. Her motion was seconded,
but failed on a 3-2 Council vote.
Councilman Grabowski then moved, seconded by Councilman Brown, to adopt
Resolution #955A establishing an arterial stop on Purissima Road at Viscaino.
Motion carried unanimously by roll call vote.
Council also directed Staff to install accompanying "stop ahead" signs to
warn motorists of the approaching stop. This directive was ordered to be
done immediately because of the urgency of the situation.
F. GENERAL ORDERS (Cont'd):
2. Ordinance for Introduction: Amending LAH Municipal Code to provide for
Public Facilities zoning.
Councilman Grabowski moved, seconded by Mayor Cheney, to table subject
Ordinance amending the Municipal Code to provide a public facilities zone.
4 Motion carried unanimously by roll call vote.
3. Ordinance for Introduction: Ordinance # amending Chapter 4 of Title 9
of LAN Municipal Code: (Subdivision Ordinance)
City Manager Robert Crowe read the title of the proposed Ordinance. Council-
man Proft moved, seconded by Councilman Brown to waive further reading of the
Ordinance. Motion carried unanimously by roll call vote.
Councilwoman Hillestad moved, seconded by Councilman Proft to introduce the
Ordinance by Title. Motion carried unanimously by roll call vote.
Speakinn from the Floor:
Planning Commissioner J. Carico: Asked if Public Hearing would be held on
this matter so Council could obtain additional input. City Attorney Frank
Gillio gave the legal definition of a "public hearing", stating that such
hearing was no required in this instance. However, Council noted that the
public would be allowed to speak to the issue when the Ordinance is up for
adoption.
Councilman Brown suggested that Council adjourn this evening's meeting to
an Adjourned meeting for the purpose of a Study Session on the proposed budget
and the proposed Subdivision Ordinance. Council so agreed.
EXECUTIVE SESSION: Council adjourned to an Executive (Personnel) Session at
0
H. ADJOURNMENT: Council returned from the Executive Session at 12:50 A.M. and
adjourned to an Adjourned Meeting on May 24th at 4:00 P.M. for a Budget
Study Session.
Respectfully submitted
Norma J. Hislop
-9- Deputy City Clerk