HomeMy WebLinkAbout09/01/1976CITY COUNCIL
TOWN OF LOS ALTOS HILLS
26379 Fremont Road
Los Altos Hills, California
MINUTES OF A REGULAR MEETING
Wednesday, September 1, 1976
Reel 9 L/, Side 1, Tr. 1, 001 -End; Side 2, Tr. 1, 001-165
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: Councilmembers Brown, Grabowski, Hillestad, Proft, Mayor Cheney
Staff: City Manager Robert Crowe, City Attorney Frank Gillio, City
Engineer Alex Russell, Commissioner Hahn for Planning Commission,
City Clerk Norma Hislop.
Press: Palo Alto Times - Mr. Paul Voecks
L.A. Town Crier - Ms. Vicki Applegate
B. CONSENT CALENDAR:
4W At the request of Councilman Brown, Item 3 a) was removed from the Consent
Calendar for separate consideration.
MOTION SECONDED AND CARRIED: Councilwoman Hillestad moved, seconded by Councilman
Proft, and unanimously carried to approve the remaining item on the Consent
Calendar, specifically:
2. Approval of Warrants: $17,597.36.
ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE CONSIDERATION:
3. a) Resolution # establishing rates of charges for applications
for permits an -J approvals relative to land development.
Councilman Brown noted the new fee structure within the proposed Resolution,
and suggested certain changes in view of the costs of processing applications
for land development in the Town.
After discussion by Council, Councilman Grabowski moved, seconded by Council-
woman Hillestad, to continue this matter to the next Council meeting and
direct the City Manager to prepare a report on the basis for the fees being
recommended, as well as a comparison of old and current fees. Motion
carried unanimously.
CITY COUNCIL MINUTES - September 1, 1976
C. SPECIAL REPORTS:
1. Swine Flu Immunization Program:
Mr. Mike White, Assistant Co-ordinator of the Santa Clara County Swine Flu
Immunization Program addressed Council regarding the progress of the Program,
and requested their endorsement.
Presenting the background of the Program, Mr. White pointed out that every
ten years a double shift in the strain of the flu virus results in
numerous deaths, particularly in the elderly. He traced the history of the
Asian and Hong Kong flu strains, and the years these had occurred, pointing
out that this year it was predicted there would be another double shift. For
this reason, the Health Department was encouraging that all citizens be
innoculated with the vaccine.
In response to questions from citizens speaking from the Floor, Mr. White
stated that the City Councils of Santa Clara, Campbell, and Cupertino had
endorsed this Program to date. He also noted that generally, the only re-
action to the shots were a redness in the area and sometimes a low fever had
been noted. He also stated that there was no way to contract the flu from
the shot because the vaccine used was a killed one. Mr. White noted that
the shots were effective for up to six months, after which, it might be
necessary to be re -immunized, especially if the outbreak reached the epidemic
4W proportions predicted.
After the presentation, Council concensus was that whether or not to be
immunized against the predicted flu outbreak was a matter which should be
left up to individual citizens. They commended Mr. White and the Health
Department for making the Program available to citizens, and thanked Mr.
White for his report.
Councilman Grabowski moved, seconded by Councilwoman Hillestad to note and
file the report from the Santa Clara Health Department on the Swine Flu
Immunization Program. Motion carried unanimously.
2. Reports of Standing Committees: None
3. Reports of Ad Hoc Committees: None
4. Presentations from the Floor:
a) Mrs. Alma Wood, Stonebrook Rd.: Noted the absence of extra copies
of this evening's Warrant List usually made available to the Public.
b) Mrs. Jo Cook, Altamont Road: Requested that the following statement
be read into the Record: "Because we felt there was a serious lack of
information available to taxpaying residents of Los Altos Hills regarding
the entire Westwind scenario, a small group of us set out to get the
facts, and make them public knowledge. An article was prepared for the
L Town Crier, an article appeared in the San Jose Mercury, and one in the
(1W Palo Alto Times. Attempts were made to reach members of Council via
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CITY COUNCIL MINUTES - September 1, 1976
PRESENTATIONS FROM THE FLOOR (Cont'd):
"letters and phone calls. As a part of this effort, petitions were cir-
culated among as many of the residents as the very limited amount of time
allowed. We have secured nearly eighty signatures to the petition which
reads, 'We, the undersigned residents of Los Altos Hills, are most concerned
about the leasing of Westwind Barn. We urge Council to exercise the utmost
caution before risking any more tax dollars on this venture.'"
Mrs. Alma Wood, Stonebrook Drive, also asked if time could be extended so
that more names could be added to the petition. Mayor Cheney stated that
the subject of Westwind Barn would be brought up as scheduled later in the
evening, and this was not the proper time for any such consideration.
c) Mrs. M. Gallo, LaLanne Court: Urged each Council Member to consider
their campaign promises at the time of making a decision on the utilization
of the Westwind facility.
D. STAFF REPORTS, CORRESPONDENCE AND ANNOUNCEMENTS:
1. City Manager:
a) Claim for Damages - Mr. Tim O'Halloran:
Mr. Crowe informed Council that a claim had been submitted to the Town from
Mr. Tim O'Halloran, Mountain View, for damages received when his bicycle
.wheel fell through a drainage grate on E1 Monte Avenue.
Councilman Proft moved, seconded by Councilwoman Hillestad, and unanimously
carried to deny the claim of Mr. O'Halloran and refer the matter to the Town's
insurance carrier.
2. Mayor Cheney:
Mayor Cheney noted the communication received from Commissioner William
Perkins pertaining to the Town's slope density Ordinance. Councilman Proft
recommended that copies of the letter be forwarded to the members of the
Ad Hoc Committee presently reviewing the slope density Ordinance for their
study and information. Mayor Cheney so directed Staff.
3. Councilman Proft:
Councilman Proft suggested that Council might wish to appoint an additional
member to the Ad Hoc Committee studying the slope density Ordinance. He
suggested the name of Councilman Brown. There being no objection from Council,
Mayor Cheney appointed Councilman Brown to the Ad Hoc Committee.
In response to a question as to whether the Planning Commission would hear
this report or whether it would go directly to Council, Council agreed that
the Report would go to Council, who would refer the report and recommendations
E. to the Planning Commission for review.
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CITY COUNCIL MINUTES - September 1, 1976
STAFF REPORTS CORRESPONDENCE & ANNOUNCEMENTS (Cont'd):
4. Mr. Crowe noted the communication received from the League of
California cities requested that Council designate a voting delegate
and alternate for the forthcoming Conference in October.
Councilwoman Hillestad moved, seconded by Councilman Brown, and
unanimously carried, to designate Mayor Cheney as the voting delegate
and Mayor Pro Tem Grabowski as the alternate for the League Conference.
Because the time had not yet arrived for the hearing of items scheduled under
"Special Orders", Council took the following out of the order as it appears on
the Agenda:
G. NEW BUSINESS:
1. Mayor Cheney:
a) Noted that Commissioner Schick had withdrawn her resignation from
the Planning Commission. There being no comments or objection from
Council, Mayor Cheney accepted the withdrawal.
b) Noted that Mrs. Bernice Rosen had resigned from the Traffic and Public
Safety Committee to which she had been appointed. The Mayor requested
that the Secretary prepare a letter for his signature accepting the
40 resignation, noting that no new appointments would be made until Council
considered the proposed reorganization of Committees.
c) Reminded Council that the Town would be the host for the Inter -City
Council for the October meeting and they might want to offer some
suggestions on locations of the Dinner -Meeting. After discussion,
it was the concensus of Council that the City Manager check facilities
and prices in cities other than Los Altos Hills before a decision was
reached.
Speaking from the Floor:
Mr. A.M. laws Hoo er Lane: Supported Council in looking outside the Town
to avoi any posse a conT11Ct of interest which might result in having
social events at any facility within Town now holding a Use Permit.
Commissioner J. Carico: Suggested Council make a policy statement con-
cerning such matters if they expected this attitude to be carried down to
the Planning Commission level.
2. Councilman Proft:
a) Requested that Staff submit to Council a summary of observations made
in relation to the Adobe Creek Country Club's tennis tournament and
the use of an exterior sound amplification system for the next Council
meeting.
In this regard, Councilman Grabowski requested clarification from the
City Attorney as to how Council should proceed should it be found that
a violation to the Conditional Use Permit had occurred. Mr. Gillio
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CITY COUNCIL MINUTES - September 1, 1976
NEW BUSINESS (Cont'd):
responded that Council's first action should be to receive the
Staff Report, and after evaluation, Council could consider setting
a hearing to consider the matter.
Councilman Proft also requested that Staff be directed to prepare
and up -date the Report on those conditions of the Use Permit which
had been fulfilled and those not yet completed as they related to
the Town for the next Council meeting.
Councilwoman Hillestad requested that Council also be supplied with
any other complaints of violations which might be on file to date,
and Councilman Brown asked where the Club stood regarding those
conditions requiring completion within 180 days subsequent to the
effective date of the Use Permit.
E. SPECIAL ORDERS:
1. PUBLIC HEARING - CONFLICT OF INTEREST CODE:
Mayor Cheney declared the public hearing on this matter open at 8:35 P.M.,
and in response to his request, City Attorney Frank Gillio, summarized and
presented an overview of the Conflict of Interest Code for the benefit of
the public.
Mr. Gillio noted that under the Political Reform Act of 1974, all City
Councils were required to submit such a Code by September 10, 1976. He
stated that the Fair Political Practices Commission was the Code reviewing
body, and that the proposed Code had been prepared along the guidelines
suggested by that Commission.
Mr. Gillio stated that under this Code, Council Members were required to
disclose investments in real property as well as their income, and that they
would be required to continue filing the disclosure forms to the Commission
as had been required previously. The Code also prohibits a Council Member's
participation in making decisions which would have an affect on any economic
interest as described in the Political Reform Act. He also stated that the
provisions of the Act were incorporated by reference into the Code proposed
for adoption this evening.
In response to Mayor Cheney, City Clerk Norma Hislop declared that no calls
or letters had been received relative to this matter, neither for nor against.
There being no comments or questions from the Floor, Mayor Cheney declared the
public hearing on this matter closed at 8:47 P.M.
Councilman Grabowski did not feel that the Code proposed was strict enough,
and in response to his question, Mr. Gillio noted that after Council adopted
L a Code for Council Members and had submitted it to the Commission, a Code
4r, would be developed for members of the Planning Commission, Boards, Agencies,
andCityOfficers, but that Council itself would be the Code reviewing body
for these Codes.
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CITY COUNCIL MINUTES - September 1, 1976
4V SPECIAL ORDERS (Cont'd):
CITY COUNCIL CONFLICT OF INTEREST CODE: (Cont'd
After further discussion by Council, Councilwoman Hillestad moved, seconded
by Councilman Grabowski, to adopt Resolution #991 adopting a Conflict of
Interest Code applicable to members of the City Council pursuant to the
Political Reform Act of 1974. Motion carried by the following roll call vote:
AYE: Councilmen Brown, Grabowski, Proft, Councilwoman Hillestad, Mayor Cheney
NO: None
ABSENT: None
ABSTAIN: None
2. Request for time extension for filing Final Map, LANDS OF BROWN-HUBB,
File #TM2018-75:
City Manager Robert Crowe stated that Staff would have no objection to
Council's granting the extension of time requested by the applicants through
their Agent.
Councilman Grabowski moved, seconded by Councilman Proft, and unanimously
carried to grant an extension of one year for the filing of the final map,
LANDS OF BROWN-HUBB, File #TM 2018-76.
G3. Actions of Variance & Permit Commission:
a) LANDS OF MANUEL, File #BSA6075-76: Recommended approval of request
for building site approval subject to conditions.
Mr. Crowe noted the location of the subject property, stating that the
applicant was applying for building site approval for one lot at the
present time, but at some time in the future would be coming in for
subdivision. He noted that, subsequent to the action taken by the Variance
and Permit Commission, a letter had been received from the Los Altos
Fire Department requesting reconsideration of their recommendation that
a fire hydrant be installed at the time of building site approval. He
noted that the Commission had deferred the installation of a hydrant until
that time when the applicant came in for subdivision.
Chairman Hahn noted that this decision had been reached by the Commission
because no location had been specified for the hydrant, and after dis-
cussion between the City Engineer and the applicant's Engineer, the most
suitable place could not be determined until a subdivision map had been
submitted.
Council discussion continued with Staff concerning the location of the
nearest hydrant, and Council Members expressed concern in view of the
recent arson and threatened arsons to new dwellings within the Town.
AW Councilman Proft moved, seconded by Councilman Grabowski to amend the
check list of conditions for LANDS OF MANUEL by requiring that Conditions
5 and 6 be completed prior to the framing of the dwelling. Motion carried
by the following roll call vote:
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L CITY COUNCIL MINUTES - September 1, 1976
` BUILDING SITE APPROVAL - LANDS OF MANUEL: (Cont'd)
AYE: Councilmen Grabowski, Proft, Councilwoman Hillestad
NO: Councilman Brown, Mayor Cheney
ABSENT: None
ABSTAIN: None
Councilman Brown moved, seconded by Councilwoman Hillestad, to approve the
request for Building Site Approval, LANDS OF MANUEL, File #BSA6075-76, subject
to conditions as recommended by the Variance & Permit Commission and as
amended by Council (above). Motion carried unanimously by roll call vote.
4. Actions of Planning Commission:
LANDS OF OWEN, File #TM2039-76: Recommended acceptance of Tentative
Map subject to conditions:
Mr. Crowe noted that the tentative map for subject property was for a
two lot subdivision at the end of Westridge Court. In response to
Councilman Proft's concern regarding adequate drainage, Mr. Crowe stated
that at the time of Site Development requirements would be made for
plantings and landscaping to handle any drainage problem.
Councilman Brown moved, seconded by Councilwoman Hillestad, to approve
L the Tentative Map, LANDS OF OWEN, File #TM 2039-76, subject to the
fir' conditions as recommended by the Planning Commission. Motion carried
unanimously by roll call vote.
5. Westwind Farm Proposals:
Mr. Crowe noted that at the last Council meeting the Council had reviewed
the recommendations submitted by the Ad Hoc Committee selected to inter-
view the potential lessees of the Westwind barn facilities. Council then
directed that an investigation be made regarding the financial capability
of those individuals recommended by the Committee. He stated that this
had been done and the information was before Council this evening, and
that it appeared that each of the three remaining individuals would be
financially capable of assuming such a lease responsibility.
Councilman Grabowski noted that Council had reached a point where three
prospective lessees had been recommended, but that Council had not yet
decided on whether such a lease was the most feasible use of the property.
He suggested that Council hear those persons this evening who wished to
address this matter, either for or against, before proceeding any further.
Speaking from the Floor:
Mrs. J. Carico, Planning Commissioner: Supported leaseof facility as horse
operaTin:
Mrs. Diana Miller, Vista del Valle: Refuted charges that she had heard
at side is 'Fe_en involved in some sort of "payola" when this matter was
before Council. Urged Council to act on matter in view of the length of
time since the property had been acquired.
Mr. A. M. Laws, Hooper Lane: Reminded Council that horse facility could
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CITY COUNCIL MINUTES - September 1, 1976
SPECIAL ORDERS (Cont'd):
WESTWIND BARN PROPOSALS (Cont'd):
not be considered unless a Conditional Use Permit were granted.
Mrs. A. Wood, Stonebrook Dr.: Not in favor of subsidizing any proposed
operation 7 a horse facility.
Mr. Ted Lanais, Fremont Road: Suggested that since a possible competitor had
Supp ileacertain financial information which had been presented by Mrs. Wood,
that Council consider it invalid.
Mr. �JohnEw�in , Lupine Road: Supported use of barn as horse facility.
Mr. oT+� OOK, Altamont Road: Suggested Council look at viableness of proposals.
r1—Pete—McSweeney, Topar Rd, S.C. County: Supported use as horse facility.
Firs. Marp ector: As resident of community, backed statements of Mr. McSweeney.
r. Iscal So e , Christopher's Ln.: Did not feel there would be any return to
Townewarn were operated as horse facility.
Councilman Brown stated that he would like to see this matter continued to the
next meeting of Council in view of the petition received this evening signed
by 80 residents, and which would then give Council a chance to review the
financial statements received from the three applicants to lease the facility
just received this evening.
Councilman Grabowski supported Councilman Brown's suggestion, and stated that
he was concerned about the neighbors in the immediate area of the Westwind
Barn.
Councilman Proft stated that he had been prepared to make a decision this
evening, but in view of the new material presented to Council this evening,
he felt he needed more time to analyze the matter. He suggested that Council
hear those people who wished to address Council on the subject this evening,
and close the matter for public discussion at the next Council meeting.
Mayor Cheney noted that an offer had been received from Mr. Oscal Sobel to
purchase the property for $38,000, and from Mrs. Penny King for $34,000. Mr.
Jack Farnham had also submitted another letter to Council wherein he raised
his offer to raze the barn for scrap to $1,500.
Speaking from the Floor.
Mr. J. Patmore, Central Drive: In favor of extending decision on matter for
two more weeks.
Councilman Proft moved,seconded by Councilman Grabowski, to allow those persons
wishing to speak for or against the Westwind Barn the opportunity to do so
this evening, and not allow the matter to be open for public discussion at the
next Council meeting. Motion carried by the following roll call vote:
AYE: Councilmen Brown, Grabowski, Proft, Councilwoman Hillestad
NO: Mayor Cheney
tt
ABSENT: None
fir'
ABSTAIN: None
CITY COUNCIL MINUTES - September 1, 1976
WESTWIND BARN PROPOSALS (Cont'd):
Councilwoman Hillestad stated that she supported this motion in view of the
petition signed by 80 residents urging Council to proceed with extreme
caution.
Mayor Cheney stated he was not in favor of any motion which would deny the
public the right to speak whenever they wished.
Speaking from the Floor:
e, Central Drive: Concerned over noise which might be generated.
s, Hooper Lane: Urged Council to make decision on matter.
Brous, Page Mill Rd.: Concerned that Council kept "changing rules",
oore them.
rico, O'Keefe Ln: Urged Council to make a decision,
oTer, Priscilla Ln: Supported statement by Mr. Carico.
nebrook Dr: Concerned over further use of taxpayers money.
Lupine Road: Felt Council had already exercised enough caution.
Fremont Rd: Questioned validity of petition.
LaLanne Ct.: Re use of facility by Special Interest group.
Bene , Topar Ln, S.C. County: Refuted Mrs. Gallo's statement.
venson, Beaver Ln: Urged Council to make decision.
aaiT, Eentral Dr: Urged Council to protect its investment and pointed
iglTt be needed one day.
Council discussed the possibility of having a Special Meeting to resolve this
40 matter, but after deliberating, the matter was continued to the next meeting
of Council on September 15th.
Mr. Gm Hawkins, Ravensbury Ave.: Urged Council to resolve the matter as soon
as Possible in view of the changing seasons and the work that needed to be done
to put the barn in order.
In view of the lateness of the hour, Councilman Grabowski moved, seconded by
Councilman Proft, and unanimously carried to suspend the rules and continue the
Council meeting until the hour of 11:50 P.M.
F. GENERAL ORDERS AND UNFINISHED BUSINESS:
1. Reconsideration of request for Public/Community Facilities Zone:
Mr. Crowe noted that Mr. Gillio had drawn up a draft Ordinance based on
changes suggested by.Mr. Giller.
Mr. Larry Giller, Vinedo Ln., addressed Council pertaining to the changes he
had suggested and the reasons he felt them necessary. He felt this was the
only way the Town could control those public lands owned by Special Districts.
Speaking from the Floor:
Mr. A. M. Laws, Hooper Lane: Speaking as a taxpayer of both the Town and
t e Sc oo District, in favor of school district getting as much money as they
4W could for excess lands.
CITY COUNCIL MINUTES - September 1, 1976
%W GENERAL ORDERS (Cont'd
PUBLIC FACILITIES/COMMUNITY ZONE (Cont'd):
Councilman Grabowski commented on the statements made by Mr. Giller, and
the references within the proposed Ordinance referring to more recreational
facilities, stating that he felt that children did not need more recreation,
but more school.
Councilman Brown expressed concern that this type of zoning would involve
the Town in litigation in the same way that the City of Los Altos was
currently involved.
Mayor Cheney stated that he could appreciate the arguments put forward by
Mr. Giller for this type of zoning; however, he was concerned that any change
in the Town's zoning would weaken the Town's present zoning Ordinance.
After further discussion by Council, Councilman Brown moved, seconded by
Councilwoman Hillestad, to end further discussion and consideration of the
proposed Public/Community Facilities Zoning Ordinance. Motion carried
unanimously by roll call vote.
2. Equipment Storage Facility:
Mr. Crowe referred Council to the Report they had requested pertaining to
locations for the storage of Town -owned equipment. He noted the three
possible locations: 1) area behind Town Hall; 2) portion of the Taaffe
equipment yard; 3) property adjacent to Little League field which was presently
for sale. He stated that Council should consider the type of structure they
wished if a decision was made about the location.
Council discussion ensued concerning the various locations cited by Mr. Crowe,
and the costs to the Town for each. In response to Council, Mr. Crowe stated
that he felt the best site would be the Town Hall location.
Speaking from the Floor:
Mr. R. J. Hahn, Esperanza Dr.: Expressed concern over property values since
his hoT me was situated in back of Town Hall. Did not feel it ethical to
impose an equipment storage facility on the citizens in the area because of
the geographical location.
Mr. Rich, Canejo Ct: Objected to further construction at Town Hall site.
Mr._T._T�edpath: Protested construction at Town Hall site.
After discussion, Council directed the City Manager to reschedule this matter
for the next Council agenda and to provide a supplemental report with more
concrete details as to costs at that time.
Because of the lateness of the hour, Council directed the remaining items on the
Agenda to be rescheduled for the Council meeting of September 15th, specifically,
L consideration of changing path -in lieu fee structure, and consideration of Standing
4✓ Committee reorganization.
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Mr. Gritsch: Stated that his property abuts Town Hall site, and he had
eenb— assured that under the concept of the Town, there would be no
such activity, since this was major concern when he bought his property. A6
Stated equipment was nuisance and concerned over noise, dirt, and
property value. I q
\1
Dr. John Red ath: Stated he lived in area for only seven weeks, andth
8
thet
ce
tpossithe bility ofr ce of his suchoaewould s oragehave been equipmentdifferent had facility beingbuilt
eknown
two
doors away from him.
CITY COUNCIL MINUTES - September 1, 1976
H. ADJOURNMENT:
Council adjourned at 11:50 P.M. to their next Regular Meeting of September
15, 1976.
Respectfully submitted,
Norma J. Hislop
City Clerk
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