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HomeMy WebLinkAbout10/06/1976CITY COUNCIL TOWN OF LOS ALTOS HILLS 26379 Fremont Road Los Altos Hills, California MINUTES OF A REGULAR MEETING Wednesday, October 6, 1976 cc: Reel 95, Side 1, Tr. 1 - 593 -End; Side 2, Tr. 1 - 001-673 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 Absent: None Staff: City Manager Robert Crowe, City Attorney Frank Gillio, City Engineer Alex Russell, Commissioner Rydell for Planning Commission, City Clerk Norma Hislop Press: None B. CONSENT CALENDAR: At the request of Councilwoman Hillestad, Item 2 was removed from the Consent 4rW Calendar for separate consideration, and Councilman Brown requested the removal of the Minutes of August 23rd and September 1st. MOTION SECONDED AND CARRIED: Councilwoman Hillestad moved, seconded by Councilman Proft and unanimously carried to approve the Minutes of September 15 and 21, 1976. ITEMS REMOVED FROM CONSENT CALENDAR FOR SEPARATE CONSIDERATION: 1. Approval of Minutes: August 23, 1976 - With the consensus of Council, these Minutes were held over to the next Regular Meeting so the Clerk could determine which Minutes Councilman Grabowski had abstained from approving because of absence. Mr. Crowe also noted that the Adjournment time should be corrected to 1:40 A.M. Mayor Cheney also requested that the recording of the proceedings be checked and all motions recorded pertaining to the setting of the Town's tax rate as reflected on page 10, Item 7, along with the roll call votes. September 1, 1976 - Councilman Brown requested the City Clerk to insert the corrections to the Minutes of September 1st, as reflected in her Memo to Council dated 9/27, into the Official Minutes. MOTION SECONDED AND CARRIED: Councilman Brown moved, seconded by Councilman 0.4w Proft and unanimously carried to approve the Minutes of September 1, 1976 as amended by Council. CITY COUNCIL MINUTES - October 6, 1976 ITEMS REMOVED FROM CONSENT CALENDAR (Cont'd): 2. Approval of Warrants: $54,853.80 Referencing Warrant #1639 to Nolte and Associates, Councilwoman Hillestad requested to know what the total cost to the Town would be for the survey being conducted, how the information being gathered would benefit the Town, and how it would be used. Mr. Crowe responded that the Warrant in question was a Progress payment for a Traffic Control Device Study, the funds for which were obtained through a grant from the State of California's Office of Traffic Safety. He noted that this study would give the Town a complete set of aerial photographs of the Town, and a list of all traffic control devices within the Town on 8 x 5 index cards. As a result a new system was being implemented so that, when complaints of damaged, stolen, or defaced signs came into the Town, a work order was issued and noted on the index cards. In this way, he stated, the Town would be able to maintain accurate records of the costs of replacement and the areas where the problems occurred most frequently. Mr. Crowe also clarified that the only cost to the Town was for overhead and Staff time. In response to Mayor Cheney regarding the expense for the truck, Mr. Crowe noted that this was for a new clutch for the vehicle recently purchased by the Town. MOTION SECONDED AND CARRIED: Councilman Brown moved, seconded by Councilwoman 0 NP Hillestad and unanimously carried to approve the Warrant total of $54,853.80. C. SPECIAL REPORTS: 1. Reports of Standing Committees: None. 2. Reports of Ad Hoc Committees: None. 3. Presentations from the Floor: Mr. Robert Olsen, Es eranza Drive: Requested that Council consider adopting a Resolution stating tat the Town would use its best efforts to eliminate all services not essential to the City, and that any desire to expand these services be done only after a thorough cost analysis study had been done by an independent group. Mr. ack JValladao, Espera: Requested that the balance of Town - owned property nza Drive at the Town Hail site be left in open space, as had been promised by a previous Council. Questioned whether a change in the Town', zoning law would leave the Town open for others to change zoning. Mr. R. J. Hahn, Es eranza Drive: Complained that for the last 2h weeks, etween -8 .M. the backhoe had been loading concrete pipes, and thought this was a shabby way for the Town to treat the residents in the area. Mayor Cheney asked if Council wished to take any action on the suggestion of Mr. Olson, and after discussion, the Mayor suggested that he try to find a Council sponsor for such a Resolution for presentation to Council at a later 1%r time. -2- CITY COUNCIL MINUTES - October 6, 1976 %ftw PRESENTATIONS FROM THE FLOOR (Cont'd): In response to Mr. Valladao's presentation, Councilman Brown noted that this matter had been tabled by Council and he did not feel any discussion on this would be in order until such time as it may be removed from the table. Councilwoman Hillestad suggested that the Town consider planting trees along the fence line of the Town's property at Town Hall site. Council consensus supported this suggestion, and Mr. Crowe was requested to refer this matter to the Environmental Design Committee. Council requested that the Committee report back to Council at the earliest date for possible action before the rainy season. D. STAFF REPORTS, CORRESPONDENCE AND ANNOUNCEMENTS: a) Claim for Damages, Paul H. Wolfert: Mr. Crowe noted the claim for damages received by the Town for alleged damage to claimant's car. Councilman Proft moved, seconded by Councilman Brown and unanimously carried to deny the claim of Mr. Paul H. Wolfert and direct the City Clerk to forward to the Town's insurance carrier. b) Status Report - Solid Waste Management Mr. Crowe reported to Council on the meetings regarding solid waste manage- ment held subsequent to the briefing held by the Los Altos Garbage Company relative to the possible closing of their present dump site. He noted that the cities most immediately affected should this occur, Cupertino, Los Altos, Portola Valley, Woodside, and Los Altos Hills, had determined to meet in an attempt to solve the immediate problem. He also noted that all North County Cities would meet in an effort to resolve the long-range problem of solid waste in Santa Clara County. c) State Purchasing Agreement: Mr. Crowe requested that Council adopt a Resolution authorizing the State of California to purchase certain items, as from time to time may be deemed necessary, for the Town. He noted that the previous Resolution adopted by Council in this regard, had authorized the former City Manager to purchase items on the Town's behalf. Councilman Brown moved, seconded by Councilman Grabowski, and unanimously carried to adopt Resolution #995 authorizing the State of California to purchase certain items for the Town. E. SPECIAL ORDERS: 1. Request for Williamson Act Contract - Ralph W. and Gaila C. Watson: Mr. Crowe informed Council that the referenced contract and documents had been reviewed by the City Engineer and had been found to be in order. The request asked that 2.43 acres owned by the Watson's on Magdalena Avenue be placed under Williamson Act Contract, and Staff recommended ff9E CITY COUNCIL MINUTES - October 6, 1976 SPECIAL ORDERS (Cont'd): that Council approve the Agreement. Councilman Grabowski moved, seconded by Councilwoman Hillestad, and unanimously carried to adopt Resolution #996 approving Williamson Act contract between the Town and Ralph W. and Gaila C. Watson. 2. LANDS OF CASSARA, File #TM2038-76 - Planning Commission recommends approval of tentative map subject to conditions: Council and Staff discussed the ingress and egress from Voorhees Drive, which came off El Monte Avenue at the IS280 off ramp, as well as the recommendation of the Planning Commission that Voorhees Drive become a public road. Mr. Paul Nowack, Civil Engineer representing the applicant, addressed Council concerning the improvements required to be made which included the extension of the water main. He felt that, if Council approved the requirement that Voorhees Drive be brought up to Town standards, that all property owners who used Voorhees Drive for ingress and egress should participate in the costs of these improvements. He stated that if the applicant for this subdivision were required to complete the improvements at his expense, it would be a financial burden. Commissioner Rydell, at the request of Council, explained the Commission's position in making the recommendations they had relative to Voorhees Drive. Mr. James Toomey, President, St. Nicholas School Board, also addressed Council concerning the meeting of the Board in which this matter had been discussed. He hoped that Council would take the safety of the children attending St. Nicholas School into consideration when making any decision on this matter. Discussion continued concerning the future development of this area and possible improvements which would enhance the safety of ingress and egress off E1 Monte Road. Because of the concerns of Council in these areas, the applicant's representative was requested to give his consent to holding the matter over for further study. Councilwoman Hillestad moved, seconded by Councilman Proft, and unanimously carried to request the Traffic and Public Safety Committee to Study the intersection of IS280, Voorhees Drive and St. Nicholas School and report back to Council prior to the next regular meeting. Councilwoman Hillestad requested that the study be done with an eye toward the future development and the traffic in the area. Councilman Brown moved, seconded by Councilwoman Hillestad, and unanimously carried to continue LANDS OF CASSARA, #TM2038-76 to the next Regular Meeting of Council, with the consent of the applicant. Staff was also directed to meet with the applicant or his representatives to resolve questions raised by Council this evening. -4- CITY COUNCIL MINUTES - October 6, 1976 `r 3. Request for Final Map Approval - LANDS OF ELENA ESTATES (formerly Wright) Tract #5874, File #FM3024-76: Mr. Crowe stated that the City Engineer had reviewed the Final Map for subject property located at Elena and Natoma Roads, and had found it to be in order; that the City Attorney had prepared the subdivision agreement which was before Council, and that Staff recommended approval of the request. Councilman Grabowski moved, seconded by Councilman Brown,and unanimously carried to adopt Resolution #997 approving Final Map and authorizing execution of subdivision agreement between the Town and Elena Estates. 4. Request for temporary use of Fire Road for construction purposes: Mr. Crowe stated that the applicant, Mr. Robert Looper, owned a lot within the Town which was served by a private road, Chapparal Way. His request to Council asked for temporary access to his property for construction purposes because of the steepness of the private road. He stated that Mr. Looper would be willing to repair any damages done to the fire road should there be any. Mr. Crowe recommended that, should Council grant consent to this request, that the City Attorney be directed to prepare such an agreement. Discussion ensued between Staff, Mr. Looper, and Council relative to the length of the fire road in question, whether neighbors had been contacted concerning the use, and the ability of the fire road to withstand the traffic 4WW and weight of the trucks. Councilman Grabowski also expressed concern that the term "temporary access" was not definitive, and a time limit should clearly be indicated should Council approve the request. In response to Council, City Engineer Alex Russell stated that the Town did not own the fire road; that it merely had an easement granted by the owner of the property. When asked if the Town had the legal right to grant temporary access over the fire road easement, Mr. Gillio, City Attorney, responded that he would have to investigate the matter to determine the extent of the dedication. He also noted that an agreement would have to be drawn and a bond posted by the applicant should Council grant the request. Councilman Grabowski moved, seconded by Councilwoman Hillestad, and unanimously carried, to grant the applicant's request for temporary access through the fire road to his property for construction purposes on the condition that the City Attorney is able to determine that the Council has such authority, and conditioned also upon the applicant's signing an agreement and posting a bond to replace the road�to the satisfaction of the Town Engineer. 6. Request for certain fees exemption, Mr. J. W. Delles: Because the applicant was not yet present in the audience, Council postponed discussion on this matter until later in the evening. (Ed. Note - Mr. Delles nor his representative did not appear during the evening; therefore, Council directed that this matter be held over to the next Regular Meeting for consideration.) i i%y -5- CITY COUNCIL MINUTES - October 6, 1976 +1W SPECIAL ORDERS (Cont'd): 6. Adobe Creek Country Club: a) Report on alleged violations of Conditional Use Permit. Mr. Crowe directed Council to his Memo containing information which Council had requested at their previous meeting pertaining to conditions in the Use Permit for the Club, specifically: that the temporary structure used as a "Pro Shop" had been approved by the Planning Department for use until plans are submitted for the construction of a permanent structure; that all facilities on the grounds were closed on Mondays; however members were permitted to use tennis courts, if they desired; and that Parcel "C", was in the process of being sold for subdivision. Mr. Crowe also noted that, regardless of the sale, all buildings and structures indicated in the Use Permit must be removed within one year. Mr. William Zoller, representing the Adobe Creek Country Club Board of Directors, referred Council to his letter dated September 30, 1976, in which he responded to the violations charged. He also stated that his letter contained two additional requests which were,for Council to grant permission for the tennis courts to be open for members of the Club, should Council determine that the use of the courts on Mondays when the other facilities were closed was, in fact,a violation; and a clarification on what was to appear on the plot plan required to be submitted under the terms of the Use Permit. s1► City Attorney Frank Gillio stated that he had reviewed the Addendum to the lease agreement between the Club and Mr. David Bellucci, and requested to know the reason that "Exhibit B" was missing from the document. Mr. Zoller clarified the reason such an exhibit had not been prepared; that the Club had, at the present time, no reason to define the area mentioned, and until such time that the parties concerned felt that it was necessary, "Exhibit B" would not be prepared. Mr. Gillio stated that this addendum, in his opinion, was satisfactory and met the requirements of the Use Permit. Referring to page 2, first paragraph, of Mr. Zoller's letter, Councilman Grabowski expressed the hope that the Club would not excuse itself from exceeding the number of persons allowed on the grounds at one time with the excuse that this was not a "Club" function. Mr. Zoller stated that the Use Permit had not been in effect at the time of the purported violation, and that, since the effective date of the Use Permit, the Club had complied with this requirement and submitted reports to the Town as a standard procedure. Councilman Grabowski also took exception to the Club's explanation of the violations pertaining to amplified sound on page 3, first paragraph, wondering if the Club had a Manager, since Mr. Zoller claimed that he had been in- structed to obtain an exemption from the Town, which had not been done. Mayor Cheney and Councilwoman Hillestad agreed with Councilman Grabowski, that ,. any exception from the conditions as outlined in the Club's Use Permit must be granted by Council, who would direct Staff to relay Council's decision to the Board of Directors. -6- CITY COUNCIL MINUTES - October 6, 1976 SPECIAL ORDERS (Cont'dIMW ): Councilman Proft commented that the Use Permit entered into between the Town and the Country Club had been signed in good faith by the Town, and hoped that the Club had done the same. He said that willful violations of this contract were, in his opinion, very serious, and it was the responsibility of the Board, which they must assume; that they were responsible for the actions of all their employees. Mayor Cheney stated that he would like to go on record as being willing to bend over backwords in working with the Club; however, he expected the Club to plan more carefully in the future if they expected his support. Mr. Zoller extended the aplogies of the Board of Directors for the violation to the Conditional Use Permit, and stated that, in the future, should the Club wish to use exterior amplified sound, they would come before Council with a request for exemption from that condition. Council also requested to know the person's name who would be responsible for managing the Club, besides the Board of Directors. Mr. Zoller agreed that it would be agreeable for the City Manager to write the Board of Directors requesting them to designate the name of the Manager. Relative to the use of the tennis courts on the day the Club facilities were closed, Council agreed that this was, in fact, considered a violation of the Use Permit, and that any request for a change would have to be considered after the Club had applied to the Town with a request for a ®_. modification to the present Use Permit. Council indicated that such a request would have to go through the normal channels required of all applicants for Use Permits. b) Request for clarification re Plot Plan. Mr. Zoller addressed the Club's request for clarification regarding the plot plan to be submitted in conjunction with the issuance of the Use Permit, stating that such a plan had been submitted by the Club's Engineer, and had subsequently been reviewed by the City Engineer and returned for correction. He directed Council to the letter submitted by Mr. Nowack which stated that, if his office were to prepare the plan to the requirements specified, the cost would be between $1¢,000-$15,000. He felt this cost was an imposition and burdensome, and for this reason, he requested relief from this condition and asked that Council accept the plot plan as previously submitted by the Club. When questioned by Council as to whether the requirement for the plot plan was illegal, City Attorney Frank Gillio clarified the Town's position, explaining that the plot plan was a condition of approval of the Use Permit, and when difficulties arose subsequently, Councilman Proft had proposed that the definition of a "plot plan" explicated in the Municipal Code be used. He noted that this was not an illegal requirement, and that the decision before Council this evening was whether or not the Council wanted a plot plan that showed these requirements or not. rr After further discussion, it was the consensus of Council that the Club should proceed in the manner prescribed in the Municipal Code, and that any request for relief should be handled in the same manner as any request -7- CITY COUNCIL MINUTES - October 6, 1976 SPECIAL ORDERS (Cont'd): Adobe Creek Country Club (Cont'd): for exemption. Councilman Proft questioned the year's time for the removal of the structures located on "Parcel C." Mr. Crowe stated that, while the time was not mentioned in the Use Permit, during discussions before the Planning Commission and City Council at the time of application, it had been the consensus that a year's time would be given to the Club for the meeting of this condition. Council so agreed. Council also requested, at the suggestion of Councilman Proft, that the City Manager acknowledge the letter from the Adobe Creek Country Club Board of Directors, indicating that Council would not want to see a reoccurrence of the violations to the Use Permit. 7. Consideration of Urgency Ordinance amending certain provisions of LAH Municipal Code relating to slope density. At the request of Council, Mr. Crowe read the title of the proposed Ordinance. Councilman Grabowski moved, seconded by Councilman Proft and unanimously carried to waive further reading of the Ordinance. +� Councilman Grabowski moved, seconded by Councilwoman Hillestad, to adopt Ordinance #233, and Urgency Ordinance amending certain provisions of the Municipal Code pertaining to slope density, effective immediately upon adoption. Motion carried unanimously by roll call vote. Because of the lateness of the hour, Council voted unanimously to suspend the rules and continue the meeting to 11:20 P.M. F. GENERAL ORDERS AND UNFINISHED BUSINESS: Council consensus was to hold over items 1 a) and b) until the next Regular Meeting. 1. Resolutions for Consideration: c) Resolution # authorizing acquisition of property for Elena Road (Wright property). Mr. Crowe explained that, at the time of the Elena Road rebuilding project, certain properties were acquired to realign portions of the road. However, not all properties were acquired at the time. He stated that the City Attorney had negotiated with the owner of the subject property, and Staff recommended adoption of the proposed Resolution in order for the Town to proceed in the matter. VAW Councilman Proft moved, seconded by Councilman Proft, to adopt Resolution #998 authorizing acquisition of property for Elena Road (Wright property). Motion carried unanimously by roll call vote. CITY COUNCIL MINUTES - October 6, 1976 GENERAL ORDERS & UNFINISHED BUSINESS (Cont'd): Resolutions for Consideration (Cont'd): d) Resolution # amending Final Subdivision Agreement, LANDS OF MOYER/ KING, File #M018-76: Mr. Crowe stated that the proposed Resolution was to amend the names on the Subdivision Agreement. Councilwoman Hillestad moved, seconded by Councilman Proft, and unanimously carried to adopt Resolution #999 amending final subdivision agreement, LANDS OF MOYER/KING, FM #3018-76. G. NEW BUSINESS: 1. Councilman Brown: Referring to a Memo to Council from the Chairman of the Planning Commission dated September 22nd, Councilman Brown suggested Council might wish to consider this matter on a forthcoming Agenda. Councilman Grabowski proposed a joint meeting between Council and Planning Commission, and moved that Council and Planning Commission meet in joint session to discuss current problems. Motion was seconded by Councilwoman 4EP1p Hillestad and carried unanimously. 2. City Manager: Mr. Crowe noted that interviews had been conducted in the Town's recruitment for a Planner/Engineer, and requested that Council meet with the finalists before any decision was made. Council scheduled Tuesday, October 12th at 5:00 for this Adjourned Meeting. 3. Councilman Brown: Noting that the next Council meeting was scheduled for October 20th, when Council would be attending the League of California Cities conference, he moved that this meeting be cancelled due to lack of a quorum. Motion was seconded by Councilman Grabowski and carried unanimously. H. ADOURNMENT: Councilman Grabowski moved, seconded by Councilman Proft, and unanimously carried to adjourn to an Adjourned Meeting at 5:00 P.M. on October 12th for the purpose of adjourning to an Executive (Personnel) Session. Council adjourned at 11:20 P.M. Respectfully submitted, TA/ in Norma J. Hislop City Clerk