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HomeMy WebLinkAbout08/04/1976CITY COUNCIL TOWN OF LOS ALTOS HILLS 26379 Fremont Road Los Altos Hills, California MINUTES OF A REGULAR MEETING Wednesday, August 4, 1976 cc: Reel 91, Tr. I, Side I, 001 to end, Side II, Tr. I, 001 to 028 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 AND PLEDGE OF ALLEGIANCE: Present: Councilman Brown, Hillestad, Proft, and Mayor Cheney Absent: Councilman Grabowski Staff: City Manager Robert Crowe, City Attorney Frank Gillio, Town Planner Ken Pastrof, City Engineer Alexander Russell, Secretary Ethel Hopkins B. CONSENT CALENDAR: At the request of Mr. Alan Cummings, 26695 Snell Lane, Item 4, Request for Conditional Use Permit for Pinewood School,was removed from the Consent Calendar. Ms. Margo Sensenbrenner, applicant, requested Item 3, Lands of Utter/Sensen- brenner, Request for Building Site Approval be removed. Councilman Proft requested that Item 5(b), a proposed Resolution establishing a Police Reserve be removed. MOTION SECONDED AND CARRIED: It was moved by Councilwoman Hillestad, seconded by Councilman Proft, and unanimously carried to approve the remaining items on the Consent Calendar, specifically: 1. Approval of Minutes: July 14, 1976 (Special Meeting) July 21, 1976 (Regular Meeting) 2. Approval of Warrants: $28,956.24 3. Resolutions for Adoption: a) Reso. 982 setting time and place for public hearing on proposed Conflict of Interest Code for the City Council. ITEMS REMOVED FROM CONSENT CALENDAR FOR SEPARATE CONSIDERATION: 4. Actions of Planning Commission: Request for Conditional Use Permit: PINEWOOD SCHOOL OF LOS ALTOS, to operate Private School at 26800 Ortega Drive (formerly Fremont Hi-rTs-S-Uiool): Recommended approval of request subject to conditions. File # CU8014-76 AlanCummins 26695 Snell Lane expressed his concern over the availability of e p aytng to a g mont Hills School for the AYSO soccer program that uses the field on weekdays after 3:30 P.M. and on weekends. Specifically, he wanted the Use Permit amended with an additional condition to provide for these particular times. CITY COUNCIL MINUTES - August 4, 1976 ITEMS REMOVED FROM CONSENT CALENDAR FOR SEPARATE CONSIDERATION: PINEWOOD SCHOOL OF LOS ALTOS (Continued) Discussion followed among Council members. Chairman Hahn noted that all of this was discussed at the Planning Commission hearing. Commissioner Rydell had raised this issue and had instituted Condition 16 on this matter. 4L nn Riches, Mana in Director of Pinewood School stated that there was p en y o room on a pay ng le orboth school activities and soccer activities, that this problem stemmed more from lack of communication than unavailability of the field, and that no one had approached them concerning the problem. Mr. Victor Riches Director of Pinewood School, stated that Sections 1.1, 1.2, an ea very spec' 'ca y with a pro ems of the availability of the school yard and multi-purpose room for public use. He would be happy to have a copy available in the Town Hall. He also noted that Pinewood School and the Palo Alto School District carried liability insurance in the amount of a million dollars to protect themselves from liability for persons using the field. Mr. Crowe, City Manager, stated that specific conditions on the use of the multi-purpose room and the playing field were dealt with both in the lease t and in the use of public facilities in the Civic Center Act, and for this `r reason more specific conditions were not included in the list of conditions. MOTION: It was moved by Councilman Brown that Condition 9 be divided into two parts: a) that the hours of Pinewood School operation when students are present shall not be earlier than 7:30 A.M. and no later than 5:30 P.M.; and b) the hours of school playground for general public use shall be from 3:30 P.M. to 6:30 P.M. plus Saturdays and Sundays. Motion died for lack of a second. MOTION SECONDED AND CARRIED: It was moved by Councilwoman Hillestad, seconded by Councilman Proft, and carried to accept the Conditional Use Permit for Pinewood School of Los Altos as amended by the Planning Commission, File #CU8014-76. Motion passed with aye votes from all present. 3. Actions of the Variance and Permit Commission: LANDS OF UTTER/SENSENBRENNER, File #BSA 6072-76: Recommend granting of request for u' 'ng site approva subject to conditions. Mrs. Judith Carico, Planning Commissioner, noted that she was present at the �Gdiv's'ono .T ee mee 'ng out not at the Variance and Permit Commission meeting where the subject application was approved. She noted that information that stated she was concerned about the trees on the Utter/Sensenbrenner proper- ty did not reflect her true concern. She saw no reason for a request of ten feet of property on Altamont, and no reason to widen the road at Altamont. She acknowledged the need to widen the road on Page Mill Road, but is concerned that the applicant must move the fence on Altamont since it will cost about four thousand dollars. Referring to Conditions 10 and 11 on the report, she stated that her concern for the trees on the property was because they were the only trees on the property and if taken over by the Town might not be properly cared for. -2- CITY COUNCIL MINUTES - August 4, 1976 Mr. Bill Utter a licant, spoke against having the fence on his property remove , no rng a in moving the fence back that the trees would be damaged, and that the real problem lay in the large oleander bushes outside the fence area. He stated that the path on Altamont deadends into Page Mill and merely dumps traffic there. A path is not necessary. Discussion followed on the traffic problems on Page Mill Road with Mr. Pastrof noting that the Town had agreed to move the fence along Page Mill Road but had never done so. Now,oleander, fence,and path all force traffic onto Page Mill Road creating a traffic hazard on one of the most heavily travelled roads in Town. Mr. Bob Stutz 25310 Elena Road stated that this property was one in which the roa a een wr ene a path should have been set back with the new road dedication. The Pathway Committee assumed this would be done. He also noted his concern for safety conditions on Altamont and Page Mill Road. Mrs.Bets Fiksdal Chairwoman Pathwa Committee expressed her concern for safety a ong tamont Road, but sad t at there was enough room to walk. The 30 foot right-of-way refers to roadway, not pathways. She was unaware, she said that the right-of-way fluctuated from twenty to thirty feet from 4 property to property as it went along Altamont. MOTION SECONDED AND CARRIED: It was moved by Councilman Brown and seconded by Councilwoman Hillestad to delete Conditions 10 and 11 of BSA#6072-76. Motion passed on a roll call vote with ayes from all council members present. MOTION: It was moved by Commissioner Brown to change Condition 6 of BSA#6072-76 to call for an in -lieu fee for a Type IIA path rather than construction of a path. Motion died for lack of a second. MOTION SECONDED AND CARRIED: It was moved by Mayor Cheney, seconded by Council- woman Hillestad, and passed by unanimous roll call vote, to amend Condition 6 on BSA#6072-76 to read: "Type IIA path, five (5) feet in width, shall be con- structed in the outboard extreme of the right-of-way along the entire northern boundary of the property along Altamont Road. a) Condition deferred until the final inspection of the proposed dwelling." At this point, Mr Utter questioned if he would have to pay for the path; Mr.Cheney stated that he would have to pay for it. MOTION SECONDED AND CARRIED: It was moved by Councilwoman Hillestad, seconded by Councilman Brown, and passed in a roll call vote where all present aye to approve BSA#6072-76, Lands of Utter/Sensenbrenner, with Conditions as amended by the City Council. There was further discussion on the problem of improving the line -of -sight at the 6intersection of Altamont and Page Mill Roads. Mayor Cheney noted that the Town 4r would be cutting oleanders on the Town's right-of-way, but improvements on the line -of -sight will be on the applicant's property. -3- ITEM REMOVED FROM CONSENT CALENDAR FOR SEPARATE CONSIDERATION: LANDS OF UTTER/SENSENBRENNER (Continued) Mr. Bill Utter a licant, spoke against having the fence on his property remove , no rng a in moving the fence back that the trees would be damaged, and that the real problem lay in the large oleander bushes outside the fence area. He stated that the path on Altamont deadends into Page Mill and merely dumps traffic there. A path is not necessary. Discussion followed on the traffic problems on Page Mill Road with Mr. Pastrof noting that the Town had agreed to move the fence along Page Mill Road but had never done so. Now,oleander, fence,and path all force traffic onto Page Mill Road creating a traffic hazard on one of the most heavily travelled roads in Town. Mr. Bob Stutz 25310 Elena Road stated that this property was one in which the roa a een wr ene a path should have been set back with the new road dedication. The Pathway Committee assumed this would be done. He also noted his concern for safety conditions on Altamont and Page Mill Road. Mrs.Bets Fiksdal Chairwoman Pathwa Committee expressed her concern for safety a ong tamont Road, but sad t at there was enough room to walk. The 30 foot right-of-way refers to roadway, not pathways. She was unaware, she said that the right-of-way fluctuated from twenty to thirty feet from 4 property to property as it went along Altamont. MOTION SECONDED AND CARRIED: It was moved by Councilman Brown and seconded by Councilwoman Hillestad to delete Conditions 10 and 11 of BSA#6072-76. Motion passed on a roll call vote with ayes from all council members present. MOTION: It was moved by Commissioner Brown to change Condition 6 of BSA#6072-76 to call for an in -lieu fee for a Type IIA path rather than construction of a path. Motion died for lack of a second. MOTION SECONDED AND CARRIED: It was moved by Mayor Cheney, seconded by Council- woman Hillestad, and passed by unanimous roll call vote, to amend Condition 6 on BSA#6072-76 to read: "Type IIA path, five (5) feet in width, shall be con- structed in the outboard extreme of the right-of-way along the entire northern boundary of the property along Altamont Road. a) Condition deferred until the final inspection of the proposed dwelling." At this point, Mr Utter questioned if he would have to pay for the path; Mr.Cheney stated that he would have to pay for it. MOTION SECONDED AND CARRIED: It was moved by Councilwoman Hillestad, seconded by Councilman Brown, and passed in a roll call vote where all present aye to approve BSA#6072-76, Lands of Utter/Sensenbrenner, with Conditions as amended by the City Council. There was further discussion on the problem of improving the line -of -sight at the 6intersection of Altamont and Page Mill Roads. Mayor Cheney noted that the Town 4r would be cutting oleanders on the Town's right-of-way, but improvements on the line -of -sight will be on the applicant's property. -3- 4W A CITY COUNCIL MINUTES - August 4, 1976 ITEMS REMOVED FROM CONSENT CALENDAR FOR SEPARATE CONSIDERATION: 5. Resolutions for Adoption: b) Resolution #985 establishing a Police Reserve for the Town of Los Altos Hills. MOTION SECONDED AND CARRIED. It was moved by Councilman Proft, seconded by Councilwoman Hillestad, and unanimously carried to set aside Item 5 b) until Item G was completed. Motion was approved by unanimous consent. MOTION SECONDED AND CARRIED: It was moved by Councilwoman Hillestad and seconded by Councilman Brown to suspend the rules and go on to Special Reports. Motion was unanimously approved. C. SPECIAL REPORTS: 1. Reports of Standing Committees: None 2. Reports of Ad Hoc Committees: None 3. Presentations from the Floor: a) Mrs. Carol Incerpi, Bicentennial which she had accepted in his behalf. She invited the Mayor and Council to see a documentary film made of the re-enactment of the DeAnza Trek. The Mayor thanked Mrs. Incerpi for accepting the Diary and Album in his behalf and instructed Mrs. Incerpi to set up a time through the City Manager for the viewing of the film. b) Mr. Larr Giller Vinedo Lane read a letter he had sent to the Council concemn ng t e efui al by the Town at their meeting of July 21 to amend the zoning laws to prevent the subdivision of Town school sites. He expressed the opinion that the Town has an obligation to find out what the community wants and to act on the merits of the matter rather than tabling it as they did on July 21. Councilman Brown stated that Mr. Giller had had this matter before the Council and Planning Commission for several years. The matter had been given careful consideration. He noted that he resented Mr. Giller's charge of arrogance. Mr. Giller stated that he felt the Council had declined to vote on the merits of the matter. The Council has an obligation to expose the matter to the public and discuss the matter. There was further discussion amoung Council and City Attorney Frank Gillio concerning whether to consider the tabled matter or draw up a new ordinance. MOTION SECONDED AND CARRIED: It was moved by Councilman Proft, seconded by Mayor Cheney, and passed by unanimous roll call vote to remove the tabled community public facilities issue and discuss it at the Council meeting of September 1st. -4- CITY COUNCIL MINUTES - August 4, 1976 ` C. SPECIAL REPORTS: (Continued kr 3. Presentations from the Floor: (Continued) c. Ma r " 26359E9Espeerran�zaDrive, addressed the Council concerning,epu6sec iJ7 fic road on Fremont between Miranda and Fremont where the reflectors had not been replaced since resurfacing of the road. It was a dangerous corner, he said, and requested that the reflectors be replaced. Mayor Cheney concurred that the area mentioned was indeed a dangerous area and that the reflectors should be replaced. He directed the City Manager to check into the cost of replacement and whether the matter could be handled in the present budget. Mr. Hahn also brought to the attention of the Council a fence put up by the Town and adjoining his property. The vertical boards, he said, had shrunk and they fall down a lot. He produced several photographs of the fence. Mayor Cheney directed that the matter be taken care of by the Town. d. Mrs. Pat Standrin 12950 Cortez Lane addressed the Council with a reques a e inu es o e ugust 4 meeting reflect that she had been cleared of any misrepresentations in this year's Council election by Los Altos Hills City Attorney Mr. Gillio. Mr. Gillio noted that Mrs. Standring was cleared as a result of his investigations in conjunction with his duties as City Attorney under the Political Reform Act. Mrs. Standring asked about a section of Page Mill Road, specifically the first bridge after Arastradero turns off. Werethere any plans to redo this dangerous bridge, she wanted to know. Mr. Crowe noted that in this year's budget there is a proposal to widen both bridges, the one close to the eucalyptus trees after Arastradero and the one between E. Arastradero and W. Arastradero. Plans are to widen bridges in conjunction with the Water District which has control over Matadero Creek which runs under both bridges. Mrs. Standring brought up the issue of residents complaining of pot- holes all over the road on Natoma. Mr. Crowe noted that the matter of road repair for this area was in the budget not yet adopted. Councilman Brown wished clarification as to whether Mrs. Standring and Mr. Crowe were speaking of the entire length of Natoma to Black Mountain or a specific section - the horse shoe on the uppor portion of Natoma. The horseshoe area was to be taken care of when the new subdivision goes in, but the potholes on Natoma were to be taken care of by the Town. ` -5- f CITY COUNCIL MINUTES - August 4, 1976 w D. STAFF REPORTS, CORRESPONDENCE AND ANNOUNCEMENTS: 1. City Manager: a) Mr. Crowe introduced the complaint brought by Mr. Hahn and Mrs. Cox regarding the parking of Town Hall vehicles at the Town Hall site. He summarized for the Council Mrs. Cox's letter requesting that Town - owned equipment be relocated to another location because of the noise impact it has on properties surrounding the site, Mr. Hahn's and Mrs. Cox's property being several of them. There was considerable discussion on possible solutions, the Council noting its desire to find a solution to the problem. Mayor Cheney noted that he had spent two weeks at Town Hall and could attest to the amount of noise equipment made when the crew started work in the morning. Various alternatives were discussed, among them storage of equipment at another location, screening the Town Hall yard and providing sound buffers, and changing work hours for the Staff and crew of the Town. Discussion was concluded with the Council directing that Mr. Crowe investigate possibilities of finding other sites to store equipment and the cost and come before Council on September 1st with these proposals. Speaking from the Floor: ow Mrs. Luella D. Cox 26350 Conejo Court expressed the urgency of getting ri of a unsight y and noisy equipment yard as soon as possible. Mr. Robert Stutz 25310 Elena Road noted that a chopper was stolen rpm e a er ompany yard at the corner of Altamont and Moody Roads. He was not in favor of moving equipment from one neighborhood to another. Mr. R. J. Hahn 26359 Es eranza asked where the Town had changed when t e or gina precep s OT incorporation had stated that road work must be contracted from the County or other private firms. He suggested transferring equipment to the Taaffe Rancho. Mrs. Alma Wood Stonebrook asked what possibilities there were for storing pm t is equ ent at anot er location, stating that there was little need for having equipment that causes these problems in a neighborhood. Mr. William Hahn, 26491 Ascension proposed that the matter be clarified by September ME— '4 t. Mr. Rich, Cone,7I Court wanted to know why the area around the equipment yard a no eek -tilled in light of the fire hazard at the present time. Mr. Crowe stated that he had not planned to disc in the area, but if L Council wished, it could be done. V MOTION: Mayor Cheney moved, seconded by Councilwoman Hillestad, to direct the City Manager to change the hours for all the Staff, including the maintenance crew, from 8:30 A.M. to 5:30 P.M.. Motion failed by the following vote: Those in favor, Mayor Cheney. Opposed: Councilmen Brown and Proft, and Councilwoman Hillestad. -6- CITY COUNCIL MINUTES - August 4, 1976 `, D. STAFF REPORTS, CORRESPONDENCE, AND ANNOUNCEMENTS: (Continued 1. City Manager: (Continued) b) Memo from Noise Abatement Committee: Mr. Crowe called the attention of the Council to a request from the Noise Abatement Committee for payment to CALTRANS for 2,000 seedlings to be planted by them. These seedlings would provide visual and sound barriers along Interstate 280. Discussion followed, with Mayor Cheney noting that the money would come from the unappropriated balance of the general fund. Mrs. Hillestad asked if sprinklers would be installed to water the trees. Mr. Crowe said that they would be watered by a water truck. The request came about because CALTRANS has the labor but not the money for the seedlings. MOTION SECONDED AND CARRIED: It was moved by Councilman Proft, seconded by Council- woman Hillestad, and carried to appropriate $500 for trees for CALTRANS to be planted along Interstate 280. Motion passed by roll call vote where all voted in favor. At 9:25, Mayor Cheney called a 10 minute recess. Council meeting resumed at 9:40. E. SPECIAL ORDERS: 1. Public Hearing: 1976-77 Palo Alto Basin Sewer Service Charges and Report: Mayor Cheney declared the Public Hearing open on the 1976-77 Palo Alto Sewer Basin. There were no responses from the Floor, and Mayor Cheney closed the Public Hearing. MOTION SECONDED AND CARRIED: It was moved by Councilman Proft, seconded by Council- woman Hillestad, and carried to adopt Resolution #983 to establish FY 1976-77 Sewer Service Charges for Palo Alto Basis and directing Clerk to file Report with Santa Clara County Assessor's Office. Motion passed on a roll call vote with Mayor Cheney, Councilman Proft, and Councilwoman Hillestad voting aye. Councilman Brown was temporarily out of the chamber. 2. Requests for Final Map Approval: a) LANDS OF SPECTOR, File #FM3017-76: MDTION SECONDED AND CARRIED: It was moved by Councilman Proft, seconded by Council- woman Hillestad, and carried to adopt Resolution #984 Approving Final Parcel Map for Lands of Spector, and Approving and Authorizing Execution of Subdivision Agree- ment Between the City of the Town of Los Altos Hills and Herman Spector and Ursula Z. Spector. Motion passed by roll call vote with all voting aye. b) LANDS OF MOYER, File #FM3018-76: 4 MOTION SECONDED AND CARRIED: It was moved by Councilman Proft, seconded by Council- man Brown, and carried to adopt Resolution #986 Approving Final Map for the Lands of Moyer. Motion passed by roll call vote with all present voting aye. -7- CITY COUNCIL MINUTES - August 4, 1976 E. SPECIAL ORDERS: (Continued) 3. Hearing on FY 1976-77 Proposed Budget, Town of Los Altos Hills. Mayor Cheney stated that the Council wished to defer taking final action on the Budget because there were still problems not resolved. Instead, he opened the discussion to the Floor for comments or questions concerning the proposed Budget. Mrs. Alma Wood Stonebrook Drive expressed her concern that money was not W adde to t e contingency fund, stating that she wished the Town would add any surplus funds it has to increase the amount available in this fund. She also stated her concern and desire that the Park and Pathway Funds be listed as separate accounts rather than shown as a single account. Lois Hole Pag_e2Mill Road expressed concern about estimated revenue for par�ain concern, however, was if monies would be available for the Town to exercise its option to buy the acreage on Moody Court for open space for the Town. Michael Kiranoff 13440 South Fork Lane asked about the seeming discrepancies in e u ge on a assessed valuation in the years between 1974-75 and the Current year. He also asked if there was anythinq in the budget for the Little League program. Mrs. Alma Wood Stonebrook Drive asked for information on the administrative �+ c arge on t e assessment istrict accounts. Mayor Cheney closed the public hearing, and discussion was resumed among Council members. Councilman Brown noted that there were a number of problems that needed more time for solution, expressing the need for another budget session before the next Council meeting. Mayor Cheney stated some of his thinking on the proposed Budget, particularly his wish to have Council members give consideration to reducing the tax rate five to seven cents. It was resolved that the Council would meet again for a study session on the Budget at 4:00 P.M. on August 6th. There being no General Orders and Unfinished Business, the Council took up the matter of Item 5 b) deferred earlier in the meeting. ITEM 5 b) - RESOLUTION ESTABLISHING A POLICE RESERVE FOR THE TOWN OF LOS ALTOS HILLS: Mr. Crave addressed the Council with an explanation of the purpose of the proposal before them to establish a Police Reserve for the Town. This action was in able to give the present Security Officer Gordon Penfold the pavers of a policeman which would allow him to enforce City Ordinances. He noted that the..cities of Cupertino and Saratoga use this as a method of added police protection. Councilman Brown stated that he had initiated this request because of his concern, in light of rising crime rates in the nation and here in the Town, for the need for more police protection. This additional protection would also be at no additional cost to the Town. Specifically, full police powers would be given to Gordon Penfold so that while he is doing his regular duties, should he happen to see something irregular,he would have the power to stop, prevent or make arrest. in CITY COUNCIL MINUTES - August 4, 1976 06W ITEM 5 b) - RESO. ESTABLISHING A POLICE RESERVE FOR THE TOWN: (Continued) Discussion followed among Council members, City Attorney Mr. Gillio, and the City Manager concerning the legal aspects of appointing a police reserve, specifically, the matter of compensation for injury, jurisdictional powers, and liability in the case of false arrest. Speaking from the Floor: Mrs. Standringi 12950 Cortez Lane, asked if the police reserve officer would carry a gun and use it. Mr. Crowe noted that the officer, of course,would be expected to use good judgment. Citizen (name not given) warned about the dangers of replacing one police reserve oi#icer with another, noting that the Town should exercise caution in choosing a responsible person to invest police powers in. Mr. Stutz, 35310 Elena Road expressed that what is voted on not get out of hand. MOTION SECONDED AND CARRIED: It was moved by Councilman Brown, seconded by Council- woman Hillestad, and carried to adopt Resolution #985, a Resolution Establishing a Police Reserve for the City of the Town of Los Altos Hills. Motion passed by the following roll call vote: Voting for the measure were Councilman Brown, Council- woman Hillestad, and Mayor Cheney. Councilman Proft voted against the measure. 6W G. NEW BUSINESS: 1. Mayor Cheney requested to know the status of the FBI investigation on the Rossi fire. Mr. Crowe stated that he had met with the investigator from the FBI from the Palo Alto Office who took a report on the fire to be sub- mitted to the Civil Rights Division of the FBI. He had received no further information. Mayor Cheney noted that he did not want to see this matter dropped. 2. Councilman Brown questioned a $25.00 charge for water service that was listed on the Warrant List. He wanted to know why the Town had water service since it had free water from the Water District. It would be better to have a water cooler than to pay for the water service. Mayor Cheney supported this suggestion and directed the City Manager to look into the matter of providing a water cooler for Town Hall. H. EXECUTIVE SESSION: At 11:00 P.M. Mayor Cheney adjourned the meeting to an Executive Personnel Session. I. ADJOURNMENT: At 12:40 A.M. Mayor Cheney re -convened the meeting to an open session where he pronounced the meeting adjourned. to an Adjourned Meeting to take place on August 6th at 4:00 P.M.. Respectfully submitted, Ethel Hopkins Secretary -9-