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HomeMy WebLinkAbout11/03/1976CITY COUNCIL TOWN OF LOS ALTOS HILLS 26379 Fremont Road Los Altos Hills, California MINUTES OF A REGULAR MEETING Wednesday, November 3, 1976 cc: Reel 95, Side 1, Tr. 2 - 001 -End; Side 2, Tr. 2, 001-542 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, Planning Commission Rep. Young, City Clerk Norma Hislop Press: None B. CONSENT CALENDAR: At the request of Councilman Brown, the Minutes of August 23rd were removed from the Consent Calendar for separate consideration. MOTION SECONDED AND CARRIED: Councilman Brown moved, seconded by Councilman Grabowski and unanimously carried to approved the remaining items on the Consent Calendar, specifically: 1. Approval of Minutes: September 28, 1976 (Special Meeting) October 6, 1976 (Regular Meeting) 2. Approval of Warrants: $52,032.40. 3. Resolution #1002 ordering the reduction of Assessment #323, S.A.D. #9. 4. Resolution #1000 commending Senator Jerome A. Smith. 5. Resolution #1001 commending Assemblyman Richard D. Hayden. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE CONSIDERATION: 1. Approval of Minutes: August 23, 1976 (Adjourned Meeting) Councilman Brown requested that the Minutes of August 23rd reflect that Councilman Grabowski had abstained from approving the Minutes of August 4, 1976 because of his absence. Council also discussed whether motions which failed during the discussions on setting the tax rate for FY 1976-77 should be included in the Official L Minutes. Mayor Cheney moved, seconded by Councilman Grabowski, and unanimously 4r carried to include the motions which failed into Item 7, Page 10, of the Minutes of August 23rd as presented by the City Clerk in the attachment to her Memo of October 28, 1976. CITY COUNCIL MINUTES - November 3, 1976 4W APPROVAL OF MINUTES, AUGUST 23rd (Cont'd): Councilwoman Hillestad requested that the Minutes note that she was willing to reduce the tax rate, but that no Councilmember had been willing to compromise in order to do so. MOTION SECONDED AND CARRIED: Councilman Brown moved, seconded by Councilwoman Hillestad and unanimously carried to approve the Minutes of August 23, 1976 as amended by Council (above). C. SPECIAL REPORTS: 1. Reports of Standing Committees: Environmental Design Committee: Mr. Crowe reported the recommendations made by the Environmental Design Committee relative to a visual screen on the westerly boundary of the Westwind property. The Committee recommended the planting of eighteen Monterey pines (15 gal.), with proper irrigation system installed. The Committee noted that the approximate cost for such planting and a watering system would be $1,000. Mr. Crowe noted that, if the Town's Maintenance Crew did the work and the Town purchased the trees, the cost would be reduced by approximately $400. In response to Council, Mr. Crowe stated that the funds for this project had not been budgeted; however, if Council approved the project, funds t would be taken out of monies budgeted for the improvement of the Westwind 4r property. Mayor Cheney moved, seconded by Councilwoman Hillestad, and unanimously carried by roll call vote, to direct the City Manager to proceed with the planting of trees along the westerly portion of the Westwind property (5 gal. Monterey Pines), and to provide a proper irrigation system for same. 2. Reports of Ad Hoc Committees: Report and recommendations on Standing Committee Reorganization: Mrs. Betsy Fiksdal, Chairman, Pathway Committee, summarized the Ad Hoc Committee's recommendations pertaining to Standing Committee reorganization. The Committee recommended that Council maintain the Committees as presently constituted; that a minimum of two joint meetings be held yearly to discuss areas of mutual concern and interest; that a Workshop should be held to acquaint interested citizens of the duties and responsibilities of the various Standing Committees; and that all applicants for such appointments be interviewed in public. The Ad Hoc Committee also recommended that certain charges of the various Committees be revised, and some functional charges be added. After discussion, Councilman Grabowski moved that Council accept Items 1, 2, 3, and 4 of the Summary of Committee Recommendations dated October 28, [ 1976, with Items 5 and 6 held over for further discussion and review at the first Council meeting in December. Motion was seconded by Councilwoman Hillestad and carried unanimously. -2- 4W CITY COUNCIL MINUTES - November 3, 1976 REPORT ON STANDING COMMITTEE REORGANIZATION (Cont'd): With the consent of Councilwoman Hillestad, who seconded the motion, Councilman Grabowski moved to amend the previous motion to include that a representative from the Planning Commission, as well as the Chairman of the Environmental Design Committee, be included in the Ad Hoc Committee's further discussions on redesigning the Standing Committee's charges. Mayor Cheney noted that the Ad Hoc Committee would be reinstated and would include a Planning Commission representative and the Chairman of the Environmental Design Committee so that the Committee could make further recommendations relative to revising the charges to each specific Committee and report back to Council for their first meeting in December. 3. Presentations from the Floor a) Mrs. Jo Cook, Altamont Road: Noted that, on various occassions she had found that the Westwind barn doors were not secured and expressed concern as to the Town's liability. After discussion, Council directed that the City Manager and Mayor make a field trip to the premises and instructed the City Manager to take whatever steps the Mayor felt was necessary to secure the premises. Mrs. Cook also pointed out that children on horses were using the lower ring area of the property to practice jumping, and that many of the horsemen were not skilled. She also expressed concern over the possible liability to the Town in allowing such a use without super- vision. Council discussion ensued between Council members and the City Attorney relative to the Town's liability in this regard. Councilman Grabowski moved, seconded by Councilwoman Hillestad, and unanimously carried to direct the City Manager to contact the President of the Horsemen's Association in an effort to work out a program whereby the facility could be used under the direction of the horsemen in Town. b) Mrs. Alma Wood, Stonebrook Dr.: Requested that some type of grate be placed over the culvert on Stonebrook Drive to discourage wild animals from entering. Council directed the City Manager to see what might be done to alleviate the situation. c) Mrs. Jean Struthers, Robleda Road: Concerned over proper signs to mark curves along Robleda; speeding violations and accidents in the area, as well as the safety of the children using Robleda en route to Bullis School. After discussion, Council directed the City Manager to have the Sheriff's Department enforce the speed limit in the area and to have the Maintenance Crew install curve signs and reflectors where necessary. -3- 6W CITY COUNCIL MINUTES - November 3, 1976 D. STAFF REPORTS, CORRESPONDENCE AND ANNOUNCEMENTS: 1. City Manager: a) Mr. Crowe requested Council's authorization of funds to purchase a microphone for the City Clerk's desk because of the difficulty in hearing repeated motions and voting when tapes were replayed. Councilman Proft moved, seconded by Councilman Grabowski, to authorize the purchase of a microphone for the City Clerk's table in the amount of $130 from the unappropriated reserve (General Fund). Motion carried unanimously. b) Mr. Crowe noted the quotations received for the installation of a drinking fountain at Town Hall to replace the bottled water service the Town rents. Mr. Crowe stated that the cost of installing the unit would be approximately $400, but under the lease agreement with the Purissima Hills Water Company, water would be supplied free of charge. Councilman Brown noted that if approved, the unit would pay for itself within a few years. Councilman Grabowski moved, seconded $400 from the unappropriated reserve drinking fountain to be installed at by roll call vote. by Councilman Brown, to appropriate (General Fund) to purchase a Town Hall. Motion carried unanimously c) Authorization was being requested from Council to solicit proposals for the design of the two bridges along Page Mill Road, Mr. Crowe noted, as part of the capital improvements which had been approved for Page Mill Road. He stated that the City Engineer and he had met with the Santa Clara Valley Water District, who controlled Matadero Creek, and the District had indicated that they would participate in the cost of improving the bridges to rural standards. Council discussion related to proposed plans, which Mr. Crowe said would include two 12 -ft. traffic lanes with a 6 -ft. shoulder on both sides which could accommodate both pedestrian and horse traffic. Mr. Crowe also noted that the Water District indicated that their participation would be 75-80% of the cost of the project, with the Town controlling the project. Councilman Proft moved, seconded by Councilman Brown and unanimously carried to authorize the City Manager to solicit proposals for the design of bridge improvements for Page Mill Road. d) Mr. Crowe informed Council that Santa Clara County had again this year offered all cities the opportunity to participate in the publication of the prevailing wage rates paid on construction projects. He said the cost of participation would be the same as in previous years, $100, and this would be much cheaper than the City's doing it on its own. -4- CITY COUNCIL MINUTES - November 3, 1976 STAFF REPORTS (Cont'd): Publishing Prevailing Wage Rates_ (Cont' d) Councilman Proft moved, seconded by Councilman Grabowski and unanimously carried to adopt Resolution #1003 authorizing participation in the publication of the prevailing wage rates with Santa Clara County. e) Mr. Crowe indicated that the Town's Emergency Services Plan had been completed, and because no funds had been appropriated for preparing the final document, Staff was requesting a fund allocation in the amount of $200 for that purpose. Councilman Grabowski moved, seconded by Councilwoman Hillestad, to authorize the expenditure of $200 for the preparation of the Final document of the Emergency Services Plan from the unappropriated fund (General Fund) balance. Motion carired unanimously by roll call vote. f) Mr. Crowe reported further on meetings held to date regarding Solid Waste Management. He stated that the cities were all in basic agreement, but that locations of sites still had to be worked out. He noted that the City should be receiving a more substantive report in December. 4W E. SPECIAL ORDERS: 1. Ordinance for Introduction: Ordinance # amending Los Altos Hills Municipal Code pertaining to business license fees (First Reading): Mr. Crowe stated that the Ordinance before Council this evening had been prepared under Council's direction during the budget study sessions. At Council's direction, Mr. Crowe read the title of the Ordinance, "An Ordinance of the Town of Los Altos Hills amending Section 3-1.117 and 3-1.210 relating to business licenses of the Los Altos Hills Municipal Code." Councilman Grabowski moved, seconded by Councilman Brown and unanimously carried to waive further reading of the Ordinance. The amendment to Section 3-1.117 eliminated quarterly business licenses, Mr. Crowe noted, and the amendment to Section 3-1.210 would take care of services provided to real estate brokers by the Town, and was designed along the same lines that the City of Los Altos used in licensing these businesses. Councilwoman Hillestad moved, seconded by Councilman Grabowski, and unanimously carried to introduce the Ordinance by its title. 2. LANDS OF CASSARA, File #TM2038-76 - Request for Tentative Map Approval: 41W next Manager Robert Crowe requested that this matter be held over to the next Regular Meeting of Council with the consent of the applicant. If this matter were not continued, Mr. Crowe stated that Staff recommended that the map be denied without prejudice because of problems this subdivision -5- CITY COUNCIL MINUTES - November 3, 1976 6W SPECIAL ORDERS (Cont'd): LANDS OF CASSARA (Cont'd): presented regarding traffic and roads. Mr. Horace Dunbar, attorney representing the applicant, addressed Council suggesting that consideration be given to waiving the need for dedication of Voorhees Drive at this time, or accepting an in -lieu fee. He stated that the improvements to the road could not be done by the applicant himself since he only had an easement over the road, but that it was owned by some- one else. Mr. Crowe summarized some of the problems in the area and said that Staff needed to submit more data to Council with recommendations after looking at the check list of conditions with an eye toward making all property owners share jointly in the costs of improvements. Mr. Dunbar stated that the applicant would be willing to hold this matter over to the next meeting, and Council directed that this matter be continued to that time. 3. Request for exemption from certain fees - Mr. J. W. Delles Because his attorney was not present at the scheduled time for hearing this matter, Council deferred action until later in the Agenda. 4. Actions of Variance & Permit Commission: a) LANDS OF ANAYA, BSA#6077-76 - recommended approval of request with conditions: In response to Council questions on Condition 4 regarding placement of fill, City Engineer Alex Russell noted that this was a requirement of the Health Department because the property was on septic tank. He also stated that Conditions 6 and 7 were part of the approval to make the applicant and his builder aware of Code requirements. Commissioner Young agreed that this information was useful to the applicant. Councilman Grabowski moved, seconded by Councilman Brown, to approve the request for building site approval, LANDS OF ANAYA, BSA #6077-76 subject to conditions as recommended by the Variance & Permit Commission. Motion carried unanimously by roll call vote. Councilman Grabowski pointed out to Council that, up until a short time ago, actions taken by the Variance & Permit and Planning Commission had appeared on the Consent Calendar, and wondered if it was necessary to act on all such matters individually. After discussion, concensus was to schedule such matters as presently done for a while longer. t b) LANDS OF JOHNSON, BSA#6073-76 - recommended approval of request fir' subject to conditions: Councilman Proft moved, seconded by Councilman Grabowski, and unanimously M CITY COUNCIL MINUTES - November 3, 1976 SPECIAL ORDERS (Cont'd): LANDS OF JOHNSON (Cont'd): carried to approve the request for building site approval subject to conditions as recommended by the Variance & Permit Commission. c) LANDS OF McREYNOLDS, VAR.#7034-76 - Request for Variance from setback lines recommended for approval: Councilman Grabowski moved, seconded by Councilman Brown and unanimously carried to approve the request for variance from setback lines, LANDS OF McREYNOLDS, File #VAR7034-76, as recommended by the Variance & Permit Commission. d) LANDS OF SORILLA, BSA#6078-76 - Recommended approval of request subject to conditions. Councilwoman Hillestad moved, seconded by Councilman Grabowski, and unanimously carried to approve the request for building site approval, LANDS OF SORILLA, BSA #6078-76, subject to conditions as recommended by the Variance & Permit Commission. 5. Conditional Use Permit - Owlwood Farms Stables, File #CUP8007-75, Annual Renewal: Mr. Crowe stated that the Building Inspector and a representative from the Santa Clara County Health Department had made a field inspection of subject property and had found everything to be in order with no violations to the conditions in the Use Permit as granted. He stated that the Staff and Planning Commission had recommended approval and had forwarded the matter to Council for appropriate action. Councilman Brown noted that under Condition #14, Mrs. Fava was still noted as being the Town Historian, and that an appropriate change should be made. Mr. Crowe clarified that the last statement contained in the Use Permit had been inserted at the request of a Planning Commissioner; however, he wished to clarify that he did not make this statement. Mr. Crowe explained that the existing structures on the property in question, which encroached within current setback line requirements, were not in violation of the Town's Ordinance which required abatement in 1976, since the use was one permitted by the Town. City Clerk Norma Hislop requested clarification of the last sentence in Condition #15 which referred to a public hearing being necessary for the annual review of this Use Permit. Council agreed that the intention was not a "public hearing" as defined by law; rather, that the intent was that the annual review be noticed only by having it appear on the Planning Commission and Council Agendas so the public would be informed that the matter C would be under discussion. -7- CITY COUNCIL MINUTES - November 3, 1976 `, SPECIAL ORDERS (Cont'd): OWLWOOD FARMS STABLES USE PERMIT (Cont'd): Council discussed comments which appeared to be part of conditions, and the concensus was that such comments should not be made part of the check list of conditions, but were more appropriate in the Minutes when necessary. Councilman Grabowski moved, seconded by Councilman Proft, to strike the paragraph entitled "Comments from the Commission" following Condition #15 in the body of the check list of Conditions for OWLWOOD FARMS STABLES. Motion carried by the following roll call vote: AYE: Councilmembers Brown, Grabowski, Hillestad, Proft NO: Mayor Cheney Councilwoman Hillestad moved, seconded by Mayor Cheney to delete the last sentence in Condition #3; the reference to Mrs. Fava in Condition #14; and the last sentence in Condition #15 referencing the public hearing. Motion carried by the following roll call vote: AYE: Councilmembers Brown, Hillestad, Proft, Mayor Cheney NO: None ABSTAIN: Councilman Grabowski Councilman Grabowski abstained from voting on the motion (above), stating that he did not feel any changes should be made to the check list of conditions unless the applicant were present to speak to the proposed amendments. Councilwoman Hillestad moved, seconded by Councilman Proft, to accept the report and approve the renewal of the Conditional Use Permit for OWLWOOD FARMS STABLES, CUP8007-76, for one year. Motion carried unanimously by roll call vote. 6. Request for exception to Town Policy re tennis court lighting, LANDS OF SPORCK, Building Permit #3674. Mr. Crowe stated that this matter was before Council this evening after a request had been made by the applicant's representative to approve lighting for tennis courts on subject porperty. Because no specific prohibition appeared in the Municipal Code regarding the use of such lighting, it had been Staff's response to traditionally deny such requests based on precedent. Mr. Crowe requested that Council give Staff a definitive statement with regard to Town policy on such requests so that Staff could enforce it one way or the other. Council agreed that there had been an unwritten standard with regard to tennis court lighting, and Councilman Brown suggested that the Planning 4 Commission study and review the matter and make recommendations to Council fir' based on their findings. CITY COUNCIL MINUTES - November 3, 1976 SPECIAL ORDERS (Cont'd): LANDS OF SPORCK (Cont'd): In response to Commissioner Young's inquiry as to whether it would be appropriate for the applicant to submit an environmental impact report on this matter, Mr. Crowe stated that such a report was not required for such a request. Speaking from the Floor: Mrs. M. Gallo, LaLanne: Supported Council's referring policy to Planning Commission for definitive recommendation, and urged Council to deny the request. Mr. Gillio stated that the requirement for no lighting could be made part of conditions of approval by the Town, when asked by Councilman Brown. Mr. Vaughn Shahinian, contractor for the applicant, addressed Council, and asked the reason why the Council would request further input from the Planning Commission on this matter if they planned to deny the request. In response, Mayor Cheney pointed out that it has been the Town's policy to deny such requests for tennis court lighting, but in fairness to all future applicants, it would be proper to refer the matter to the Planning 4 Commission to determine if the Town's policy were unreasonable. Mr. Crowe also stated that the applicant could appeal the decision of Council at a later date in the event any change were to be made in the Town's policy. Councilman Grabowski moved, seconded by Councilman Brown, and unanimously carried to refer the Town's policy of prohibiting night lighting for tennis courts to the Planning Commission for study and a definitive recommendation. Councilman Brown moved, seconded by Councilman Proft and unanimously carried by roll call vote, to deny the request for exemption from the Town's policy on tennis court lighting for LANDS OF SPORCK, Building Permit #3674. 7. Request to recind charges for Staff time and records reproduction - Mayor's Maintenance Cost Analysis Committee: Based on the fact that charges to this Committee had been levied prior to the establishment of rates by Council Resolution, Councilman Grabowski moved, seconded by Councilman Brown, and unanimously carried by roll call vote that the charges to the Mayor's Maintenance Cost Analysis Committee be waived with the exception of the charge for the Budget document. Councilman Brown wished it noted that he would agree to such a waiver of fees only if it were understood that any further requests for such public documents reproduction have the full charge levied in accordance with Council's Resolution. C11 19 CITY COUNCIL MINUTES - November 3, 1976 tv SPECIAL ORDERS (Cont'd): tar Reproduction Charges (Cont'd): Speaking from the Floor: Mr. Larry Giller, Vinedo Ln.: Opposed to levying charge for Staff time. Mrs. M. Gallo, LaLanne Ct: Supported Mayor in his stated intention to proceed with such a cost study because he felt it was in the best interests of the Town. TAKEN OUT OF ORDER AS IT APPEARS ON COUNCIL'S AGENDA: E 3: Request for exemption from certain fees, Mr. John Delles: Mr. Delles, applicant, addressed Council stating that he wished it noted that he had paid the fees required by the Town relative to this matter under protest. City Attorney Frank Gillio advised Council that, because the fees had been paid, and if the map were found to be in order, Council could approve the map and direct its recordation. Mr. Gillio further suggested that, because the attorney representing Mr. Delles was not present, a meeting be scheduled between the City Manager, Mr. Gillio, Mr. Delles and his attorney to resolve the questions pertaining to fee requirements. Based on the outcome of this meeting, Council could determine further action as necessary. City Engineer Alex Russell stated that the map was in order, but requested that, if Council approved the final map, they also direct him to record it. Mayor Cheney moved, seconded by Councilwoman Hillestad, to approve the Final Parcel Map, LANDS OF DELLES/OKEY, File #FM3026-76, and direct the recordation thereof. Motion carried unanimously by roll call vote. F. GENERAL ORDERS & UNFINISHED BUSINESS: 1. Resolutions for Consideration: a) Establishing rates of charges for applications for permits and approvals re land development. Mr. Crowe stated that his recommendations for amending the fee structure used by the Town related to land development were before Council for consideration, as well as certain amendments suggested by Councilman Brown in his memo dated November 2, 1976. Mr. Crowe said that Staff had reviewed Councilman Brown's suggestions, and they were in agreement that his proposal would be more equitable for the relative time spent in processing each type of map. -10- CITY COUNCIL MINUTES - November 3, 1976 %r' RESOLUTIONS_ FOR CONSIDERATION (Cont'd) Councilman Proft moved, seconded by Councilwoman Hillestad, to adopt Resolution #1004 establishing rates of charges to be made in connection with subdivision of land, Parcel Maps, Site Development, Building Site Approval, Inspection Fees, Conditional Use Permits, Variances and Septic Tanks. Fee structure to be as amended in line with the Memo from Councilman Brown dated November 2, 1976. Motion carried unanimously by roll call vote. b) Establishing uniform Path -In -Lieu fee: After discussion on alternatives suggested by Staff, Councilwoman Hillestad moved, seconded by Councilman Grabowski, to adopt Resolution #1006 establishing uniform path -in -lieu fees for building site approvals in the amount of $300.00 per site. Motion carried unanimously. c) Santa Clara County Solid Waste Management Plan: Councilman Proft moved, seconded by Councilman Brown and unanimously carried to adopt Resolution #1007 accepting and approving addendum to the Santa Clara County Solid Waste Management Plan. G. NEW BUSINESS: 1. City Attorney Frank Gillio informed Council of a hearing to be held in L San Francisco on Monday, November 8th relative to proposed changes to State regulations on the preparation of General Plan Housing Elements. This effort, Mr. Gillio stated, would be to shift to the State the control of what type of housing would be available in all communities. The hearing scheduled would give those who wished the opportunity to present testimony or file written comments. He noted that one line of defense would be to request that the hearing be postponed because no notification of this hearing had come to the Town, and the Town had learned about the hearing through the League of California Cities. Council directed Mr. Gillio to prepare a formal letter of protest on behalf of the Town. 2. Mayor Cheney requested that Staff schedule a Joint Meeting with Council and the Planning Cornmission for sometime in early December. 3. Councilwoman Hillestad announced that she would be out of Town for the next several weeks, and that Councilman Brown had agreed to be available at Town Hall on Tuesdays between the hours of 2:00 and 4:30 P.M. in her place. 4. Councilman Brown noted the letter received from Mr. and Mrs. Singer, and asked Mr. Crowe if this matter would be scheduled for a forthcoming meeting. Mr. Crowe stated that he would be coming before Council with some recommended changes to the Municipal Code as a result of the letter. 5. Councilman Brown requested that Council submit any comments they might ` have pertaining to the Ordinance amendment he was proposing to the City 4ar Attorney in order that the Ordinance could be put in proper form for consideration by Council. -11- CITY COUNCIL MINUTES - November 3, 1976 `r' NEW BUSINESS (Cont'd): n 6. In answer to Councilman Brown's inquiry about scheduling the matter of the League of California Cities building assessment proposal, Mr. Crowe stated that this would be placed on the Agenda for Council consideration at their first meeting in December. 7. Because Councilwoman Hillestad would be out of Town for the next regularly scheduled meeting, Council agreed to re -schedule the next meeting to Monday, November 22, 1976 at 7:30 P.M. H. ADJOURNMENT: Council adjourned at 12:25 P.M. to an Adjourned Regular Meeting on Monday, November 22, 1976 at the hour of 7:30 P.M. Respectfully submitted, Norma J. Hislop City Clerk -12-