HomeMy WebLinkAbout07/21/1976CITY COUNCIL
TOWN OF LOS ALTOS HILLS
26379 Fremont Road
Los Altos Hills, California
MINUTES OF A REGULAR MEETING
Wednesday, July 21, 1976
cc: Reel 89, Side 2, Tr. 1 -170-End; Side 1, Tr. 2, 001-060.
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. ROLL CALL:
Present: Councilmen Brown, Grabowski, Proft, Mayor Cheney
Absent: Councilwoman Hillestad
Staff: City Manager Robert Crowe, City Attorney Frank Gillio, City
Engineer Alex Russell, Town Planner Ken Pastrof, Commissioner
Stewart for Planning Commission, City Clerk Norma Hislop
Press: Palo Alto Times - Mr. Paul Voecks
B. CONSENT CALENDAR:
At the request of Councilman Grabowski, the Minutes of July 7th and Item B 3 a)
were removed from the Consent Calendar, and Councilman Brown requested the
removal of Item B 4 for separate consideration.
MOTION SECONDED AND CARRIED: Councilman Brown moved, seconded by Councilman Proft,
and unanimously carried to approve the remaining items on the Consent Calendar,
specifically:
2. Approval of Warrants: $107,384.86.
3. Actions of Variance & Permit Commission:
b) LANDS OF TAAFFE, File #BSA6071-76: Recommended building site approval
subject to conditions.
5. Resolutions for Adoption: Resolution #972 ordering reduction of Assessment
#876, S.A.D. #9.
ITEMS REMOVED FROM CONSENT CALENDAR FOR SEPARATE CONSIDERATION:
1. Approval of Minutes: July 7, 1976 (Regular Meeting)
Councilman Grabowski requested the Minutes be corrected on page 2, "Approval
of Minutes - June 17, 1976" by removing the words "which he had recommended"
in the 5th line.
CITY COUNCIL MINUTES - July 21, 1976
ITEMS REMOVED FROM CONSENT CALENDAR FOR SEPARATE CONSIDERATION: (Cont' d)
Approval of July 7, 1976 Minutes: (Cont'd)
Councilman Proft requested Council's consent to insert, for the record,
on page 9, paragraph 3, under the discussion pertaining to withdrawal
from the Mid -Peninsula Regional Park District, that he had expressed
concern that it appeared that this Council wants to abandon the Open
Space Acquisition Plan within the Town. Council so consented.
Councilman Proft moved, seconded by Councilman Brown, and unanimously
carried to approve the Minutes of July 7, 1976 as corrected (above).
3. Actions of Variance & Permit Commission:
a) LANDS OF JOSEPHSON, File #BSA6070-76: Recommended building site
approval subject to conditions:
Councilman Grabowski questioned Condition #5 in the approved check list
of conditions as recommended by the Planning Commission relative to the
pathway requirement. Town Planner Ken Pastrof confirmed that there was
no path easements abutting the property; however, an improved path did
exist along Camino HermDso and along Ravensbury.
Mrs. Elizabeth Fiksdal, Chairman, Pathway Committee, addressed Council
concerning the reasons the Committee had recommended this requirement.
Discussion ensued between Council, Staff and Mrs. Fiksdal regarding the
pathway overgrown in the area, lack of a Master Plan for paths, and the
possibility of having to condemn property to join paths if the Town
kept requiring strips of pathways now where easements did not exist for
adjoining properties.
Councilman Grabowski moved, seconded by Councilman Brown to delete Condition
#5 as recommended by the Planning Commission for LANDS OF JOSEPHSON, #BSA
6070-76, in that no adjoining properties required such an easement. Motion
carried unanimously by roll call vote.
Councilman Grabowski moved, seconded by Councilman Brown, to substitute
for the deleted Condition #5, LANDS OF JOSEPHSON, #BSA6070-76, the require-
ment for an in -lieu path fee for a Type 1A Natural Pathway based on $1.00
per lineal frontage foot. Motion carried unanimously by roll call vote.
Mayor Cheney also requested that the City Manager schedule the overgrown
pathway in the area for clean-up and maintenance at the earliest possible
time.
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CITY COUNCIL MINUTES - July 21, 1976
ITEMS REMOVED FROM CONSENT CALENDAR FOR SEPARATE CONSIDERATION (Cont'd):
4. Actions of Planning Commission:
LANDS OF LA PERA, File #TM2036-76: Recommended approval of tentative
map subject to conditions:
Councilman Brown noted the statement contained in condition #21 of the
approved check list of conditions, noting that this was, in actuality,
no condition, and should therefore be removed from the check list.
Councilman Brown moved, seconded by Councilman Proft, to delete Condition
#21, LANDS OF LA PERA, File #TM2036-76. Motion carried unanimously by
roll call vote.
Speaking from the Floor:
Dr. Aaron Fink, whose property abuts subject property, expressed concern
that the Town was allowing access to the property over an easement not
belonging to the Town. He presented Council with a map showing that at
the time of approval, the easements for road purposes offered for dedication
had been rejected by the Town. City Engineer Alex Russell commented that
this procedure is standard for any subdivision maps; that offers of dedication
are not picked up until all improvements have been made. Mr. Russell and
E City Attorney Frank Gillio also pointed out that when an offer of dedication
`, is made, the offer stands, even though it may never be picked up by the
Town.
Mr. Dick Oliver, Adobe Lane, representing the developer of subject property
discussed the road easement and the fact that the use of Kingsley Road, the
street in question, was to be for access to only one additional home.
Mr. Paul Nowack, Engineer for the subdivision, also noted that offers of
dedication are not revokable, but not generally accepted by a City until
all improvements have been made.
In response to Councilman Proft, Mr. Pastrof stated that the developer of
the property did not propose to cut down any trees.
Councilman Grabowski moved, seconded by Councilman Brown, to approve the
Tentative Map, LANDS OF LA PERA, File #TM2036-76, subject to conditions as
recommended by the Planning Commission and amended by Council (above).
Motion carried unanimously by roll call vote.
Councilman Proft also complimented Staff for considering the development
in the future of the adjacent properties in considering the subject tentative
map.
C. SPECIAL REPORTS.
4W 1. Reports of Standing Committees: None
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CITY COUNCIL MINUTES - July 21, 1976
SPECIAL REPORTS (Cont'd):
2. Reports of Ad Hoc Committees: None
3. Presentations from the Floor:
a) Mr. Larry Giller, Vinedo Lane:
Mr. Giller requested Council reconsideration of the proposed Ordinance
which would provide for a public facilities zone within the Town. He
stated that he had reviewed the Ordinance as drafted by the City Attorney
for Council's consideration previously, and had reworded it somewhat
so that it might be more acceptable to Council. He suggested that the
Ordinance title itself might be changed to a "community facilities" zone,
instead of "public facilities," and outlined the wording changes he felt
would be more in keeping with the Town's present land uses and zoning.
Mr. Giller requested that Council take action at this time in order that
the Town could control the school properties which had been designated
for sale, asking that the City Attorney be directed to modify the
Ordinance along the lines he had suggested, to be presented to the
Planning Commission for public hearing at their next meeting, with their
recommendations being forwarded to Council at the earliest possible time.
L City Attorney Frank Gillio advised Mr. Giller of the Government Code
4r requirements pertaining to the posting of public hearing notices for any
zoning change.
Council discussion followed concerning status of the Ordinance previously
discussed and how the modifications suggested by Mr. Giller would differ
from it.
Speaking from the Floor:
Mrs. Mildred Gallo, LaLanne Court: Against Council reconsideration of
proposed Ordinance.
Councilman Proft moved, seconded by Mayor Cheney, to remove the proposed
"public facilities" zoning Ordinance from the table for reconsideration
by Council at their next Regular Meeting. Motion failed by a tie vote,
Councilmen Brown and Grabowski dissenting.
D. STAFF REPORTS. CORRESPONDENCE & ANNOUNCEMENTS:
1. City Manager:
a) Westwind Barn Proposals: Mr. Crowe noted that nine proposals had
been received from various persons interested in operating the Westwind
Barn as a horse facility. He suggested that Council might want to appoint
a Committee to review all the proposals and interview the applicants
�r and make recommendations to Council based on their findings.
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CITY COUNCIL MINUTES - July 21, 1976
STAFF REPORTS (Cont'd):
Westwind Barn Proposals (Cont'd):
Councilman Grabowski stated he felt that Council should state at this
time that it was their intention to operate a commercial stable on the
Westwind property, since this had not previously been done. He also
noted that in reviewing the proposals received, he had found that only
three of them met the minimum rental proposed by the Town in the Guide-
lines. He did not think, therefore, that any Committee formed should
consider those proposals not meeting the minimum requirements.
Councilman Brown did not feel a statement from Council as to its intentions
relative to the Westwind property could be made at this time, since Council
was only considering whether such a use was feasible. He stated that a
Committee might find that none of the proposals received were totally
acceptable, and until such time that recommendations were made, the Council
should not state their position.
Councilman Proft stated he was of the understanding that when Council
authorized the solicitation of proposals, it was not a committment that
Council had made to operate a commercial stable.
In response to Councilman Grabowski's question, City Attorney Frank Gillio
clarified the tax which might be imposed by the County Assessor's Office,
which was a "possessory interest tax."
Mayor Cheney thought the City Manager's suggestion for a Committee a good
one, and one that would be very helpful to Council in making its determination.
Councilman Brown moved, seconded by Councilman Proft, that a Committee be
formed for the purposes of reviewing the proposals submitted for the operation
of Westwind Barn as a horse facility to determine whether any submitted are
feasible, and to interview those persons submitting the proposals. Motion
carried by the following roll call vote:
AYE: Councilmen Brown, Proft, Mayor Cheney
NO: Councilman Grabowski
ABSENT: Councilwoman Hillestad
ABSTAIN: NONE
Councilman Brown moved, seconded by Mayor Cheney that the Westwind Committee
be comprised of Councilman Proft, the City Manager, Cdr. Joseph Dochnahl,
Mrs. Cindy Hettinger, and Mrs. Alma Wood. In the event any of the appointed
citizens was unable to serve on the Committee, the Mayor shall be designated
to replace him/her. Motion carried unanimously.
Mayor Cheney directed that the persons nominated to serve on the Committee
be contacted by Staff to determine whether they would accept the appointment,
t and that subsequently letters of appointment be prepared for his signature.
w Council also directed that a report and recommendation should come before
them for consideration no later than the second meeting in August.
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CITY COUNCIL MINUTES - July 21, 1976
STAFF REPORTS (Cont'd):
b) Status Report on Adobe Creek Country Club: Mr. Crowe requested that
the map which had been enclosed in the Council's packet and accompanied
the Staff Report on Adobe Creek Country Club be removed from consideration
this evening, since Staff had found it incomplete.
Mr. Crowe noted that the Status Report prepared was for the purpose of
informing Council of the Club's compliance with conditions imposed in
the granting of their Conditional Use Permit.
Council discussion concerned the various conditions imposed, and times
imposed for compliance with these conditions. Councilman Brown asked for
clarification on the pathway conditions, Staff responding that Council
had directed that the Pathway Comm ittee and Staff come before Council
prior to the Annual Review of the Use Permit with recommendations on the
pathway. Councilman Proft also noted that a pathway recommendation would
be difficult to make until an adequate plot plan had been submitted which
showed Moody Road and its relation to the Club's driveway, easements, etc.
Councilman Brown requested that Staff research Council's action on the
pathway requirements and agenda the matter for the next Council meeting.
Councilman Proft also noted that no time limit had been specified in the
L Use Permit concerning the removal of certain structures within Parcel "C".
He felt that one year's time limit excessive, but if this was Council's
understanding of that condition, he would accede.
Council directed the City Attorney and City Manager to review this matter
and make a recommendation to Council at the next Regular Meeting also.
Councilman Brown commented that it appeared from the Status Report that the
Club was off to a good start and he wished them well.
c. Letter from Matadero Oaks residents re Street and Safety problems: Council
directed the City Manager to refer the letter from concerned residents to
the Traffic and Public Safety Committee for recommendations.
d. Mr. Crowe also informed Council that the recently -adopted Subdivision
Ordinance needed to be typed and reproduced. He noted the cost would be
approximately $300, and if there were no objection, he would proceed.
2. City Attorney
a) Report on alleqed violation of Proposition 9: Mr. Gillio noted that
the law pertaining to Fair Political Practices presently names the City
Attorney as the person who should determine whether a violation has
occurred when such charges are made. He noted that such a charge had
been made recently concerning Councilwoman Hillestad and Councilman Brown,
alleging that Citizens United for a Rural Environment (C.U.R.E.) was a
Controlled Committee, and, therefore, the filing of the "short form"
L by these candidates for Council office for the filing date of January
21st was not correct.
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CITY COUNCIL MINUTES - July 21, 1976
STAFF REPORTS (Cont'd):
City Attorney (Cont'd):
Mr. Gillio said that he had notified the other attorneys that there was no
basis for concern. He stated that on February 19th, a Statement of Organization
had been filed for a Controlled Committee. If C.U.R.E, had been a "controlled
committee" as charged, there would be no necessity to form another one.
Councilman Proft stated that he had requested that this report be placed on
the Agenda this evening so the public could be further informed. He also
urged that the Town lobby their representatives to urge that the law be
changed that makes the City's Chief Legal Officer responsible for the filing
of complaints regarding possible violations.
b) Report on fencing Agreement - Westwind Farm: Mr. Gillio and Mr. Crowe
discussed negotiations held prior to the Town's purchase of the Westwind
property, and the Agreement which calls for fencing along the northerly
boundary of the property only, with landscaping to be completed along the
westerly boundary. After discussion, Staff was requested to notify the
present property owner abutting Westwind Barn, and inform her that the Town
will proceed to develop a landscape plan. Staff was also directed to
refer the matter to the Town's Environmental Design Committee.
4 E. SPECIAL ORDERS:
1. Request for Final Map Approval:
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a) LANDS OF SNYGG (formerly Chesarek), File #FM3015-76:
Councilman Brown moved, seconded by Councilman Proft, to adopt Resolution
#973 approving final map, LANDS OF SNYGG, File #FM3015-76. Motion carried
unanimously by roll call vote.
Councilman Brown moved, seconded by Councilman Proft, to adopt Resolution
#974 accepting certain streets into the Street System of the Town. Motion
carried unanimously by roll call vote.
b) LANDS OF SCARFF, File #FM3016-76:
Councilman Proft moved, seconded by Councilman Brown, to adopt Resolution
#975 approving final map and authorizing execution of a subdivision Agreement,
LANDS OF SCARFF, File #FM 3016-76. Motion carried unanimously by roll call
vote.
c) LANDS OF NORTH, File #FM3022-76:
Councilman Proft moved, seconded by Councilman Brown, to adopt Resolution
#976 approving final map, LANDS OF NORTH, File #FM3022-76. Motion carried
unanimously by roll call vote.
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CITY COUNCIL MINUTES - July 21, 1976
SPECIAL ORDERS (Cont'd):
2. Requests for Acceptance of Improvements:
a) LANDS OF DAWN RIDGE ESTATES, File #PM 368 M 34:
Councilman Proft moved, seconded by Councilman Brown, to adopt Resolution
#977 accepting certain improvements, LANDS OF DAWN RIDGE ESTATES, PM 368 M 34.
Motion carried unanimously by roil call vote.
Councilman Proft moved, seconded by Councilman Brown, to adopt Resolution
#978 accepting certain streets into Street System of Town, DAWN RIDGE ESTATES,
PM 368 M 34. Motion carried unanimously by roll call vote.
b) LANDS OF NEWMAN, File # PM 367 M 18, 19:
Councilman Proft moved, seconded by Councilman Brown, to adopt Resolution
#979 accepting certain improvements, LANDS OF NEWMAN, File # PM 367 M 18, 19.
Motion carried unanimously by roll call vote.
Councilman Proft moved, seconded by Councilman Brown, to adopt Resolution
#980 accepting certain streets into Street System of Town, LANDS OF NEWMAN,
PM 367 M 18, 19. Motion carried unanimously by roll call vote.
3. Contract for Sheriff's Patrol Services, FY 1976-77:
Mr. Crowe stated that, as part of the Agreement for Sheriff's services last
year, the County had agreed that this year's increase in costs to provide
Sheriff's Patrol Services for the Town would not exceed ten percent (10%).
He stated the increase proposed was 8.67%, last year's hourly rate for
general law enforcement being $26.87/hr., this year's proposed being $29.20.
Councilman Proft moved, seconded by Councilman Brown, to adopt Resolution
#981 approving and authorizing the execution of an Agreement between the Town
and Santa Clara County for Sheriff's Patrol Services, FY 1976-77. Motion
carried unanimously by roll call vote.
F. GENERAL ORDERS AND UNFINISHED BUSINESS: None
G. NEW BUSINESS:
1. Councilman Proft: Consideration of forming Ad Hoc Committee to Study
proposed change to Subdivision Ordinance:
Councilman Proft asked Council's consideration of forming an Ad Hoc Committee
to study the proposed change to the newly -adopted Subdivision Ordinance which
dealt with the application of slope density calculations. He suggested that
the Committee consist of at least some of the persons involved in developing
the slope density calculations, Mr. Arthur Lachenbruch, Mr. Thomas McReynolds,
and Commissioner William Perkins.
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CITY COUNCIL MINUTES - July 21, 1976
NEW BUSINESS (Cont'd):
Councilman Proft (Cont'd):
Councilman Proft put his suggestion (above) in the form of a motion, which
was seconded by Councilman Grabowski, and unanimously approved by Council.
Councilman Proft moved that this Committee be comprised of Mr. Arthur
Lachenbruch, Mr. Thomas McReynolds, Commissioner William Perkins, City Engineer
Alex Russell and Town Planner Ken Pastrof. Motion was seconded by Councilman
Grabowski and unanimously approved by Council.
Council requested that the Committee report their findings and recommendations
to Council by the second Council meeting in August, if possible.
2. Councilman Grabowski:
Councilman Grabowski requested clarification of a statement made by Mayor
Cheney under Item 3 a) above regarding procedures for pathway requests.
Mayor Cheney stated that he did not think Staff should be required to act on
requests of the Pathway Committee; that the Committee should make its
suggestions and recommendations to Council, and after approval, they would be
referred to Staff for appropriate action.
3. Councilman Proft:
Referring. to letters received by Council dated June 24th and 26th, from the
Mid -Peninsula Regional Park District, Councilman Proft asked if Council planned
to invite representatives of the District to address Council.
Councilman Grabowski thought that, at this point in time, any presentations
by the District would be an exercise in futility.
H. ADJOURNMENT:
There being no further business, Council adjourned at 10:38 P.M. to their
next Regular Meeting.
Respectfully submitted,
Norma J. Hislop
City Clerk
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