HomeMy WebLinkAbout07/02/1975�►' CITY COUNCIL
TOUN OF LOS ALTOS HILLS
26379 Fremont Road
Los Altos Hills, California
MINUTES OF A REGULAR MEETING
Wednesday, July 2, 1975
cc: Reel 78, Side 1, Tr. 1 - 001 -End
Side 2, Tr. 1 - 001-012
Mayor Stanley Grabowski called the regular meeting of the City Council to order
at 7:00 P.M. in the Council Chambers of Town Hall, 26379 Fremont Road:
A. ROLL CALL:
Present: Councilmen Cheney, Helgesson, McReynolds (7:20 PH), Councilwoman
Miller, Mayor Grabowski, Commissioner Schick for Planning Comm.
Staff: City Manager Robert Crowe, City Attorney Frank Gillio, City
Engineer Alex Russell, Town Planner Ken Pastrof, Deputy City
Clerk Norma Hislop.
Press: San Jose Mercury -News: Mr. Chuck Anderson
Palo Alto Times: Mr. Buzz Eggleston
Immediately following roll call, Mayor Grabowski read a statement on the time
frame of the important items before Council this evening, noting that any items
removed from the Consent Calendar this evening would be deferred to an Adjourned
Meeting of Council on July 9th for discussion and resolution at that time.
B. CONSENT CALENDAR:
At the request of Commissioner Schick, Items 3 b, 4 a and b were removed
from the Consent Calendar for separate consideration at the meeting of
July 9, 1975.
Councilwoman'"'"' -r requested tY:at Ste-':^ '.� tie ra-.evc�'. for clarification,
which would take approximately 5 minutes and therefore requested that this
be handled this evening. Council so agreed.
Deputy Clerk Norma Hislop requested that Item 1 a be removed for clarifi-
cation. She requested that on page 7 of the Minutes of June 18, 1975,
first paragraph under G, NEW BUSINESS, the words "of the Public Hearing"
Pe stricken, since this .vas a secretarial interpretation, are: t`et item "
41as no" in fact a Pullic Uearing.
MOTION SECONDED AND CARRIED: Councilman Helgesson moved, seconded by Council-
woman Miller to approve the Consent Calendar as amended and corrected, namely:
`r 1. Approval of Minutes: June 11 (Adjourned Meeting)
June 12 (Adjourned Meeting)
June 18 (Regular Fleeting)
CITY COUNCIL MINUTES: July 2, 1975
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CONSENT CALENDAR (Cont'd):
2. Approval of Uarrants: $161,711.19
3. Actions of Variance %, Permit Commission:
a) Lands of Benders: Approved Building Site Approval, File #BSA -
6046 -75, Harrison and Assoc., Engineers.
4. Actions of Planning Commission:
a) Lands of Maurer: Recommended approval of tentative subdivision
map, File #TH2O23-75, Danforth Apker, Engineer.
ITEMS REMOVED FROM CONSENT CALENDAR FOR SEPARATE CONSIDERATION:
4. Actions of Planning Commission:
c) Lands of Newman, Honte Lucero #4: Recommended approval of Tentative
Subdivision map, File #TM2026-75, Sandis & Assoc., Engineers:
Hr. Robert Stutz, Chairman of the Pathway Comnittee,addressed Council
concerning the pathway easement requested on this property. He noted
that adjoining property owners had been approached to ro-u2.st an ease-
ment which would make a connecting link to the path requested on this
property; however, the owners were unwilling to grant such an easement
60 but had no objections to a portion of their property being used for path
purposes if they maintained the right to revoke its use.
Discussion ensued between Council and the City Attorney wherein it was
noted that such an agreement could be drawn up; however, Mr. Gillio stated
that Council should consider whether the Tovm would want to invest money
in path improvements which might be lost if the agreement were cancelled.
Councilman Cheney thought the Town needed that section of path to com-
plete the pathway in that area, and moved that such a condition be
imposed in the granting of building site approval. If the path were not
used, the owner could request abandonment of the easement at a later date.
Councilman Helgesson said he would be willing to support such a motion
if such an agreement were possible. Mayor Grabowski noted the difficulty
ina;_r-;in9 a document to be prepared at a later date, and said he could
not support such a motion until such time as an agreement could be
presented to Council for study and approval.
Councilwoman Miller moved that the alternative, or Contingent Agreement
presented in the Staff Memo of June 30, 1975 be accepted by Council.
Mayor Grabowski seconded the motion which carried by the following roll
call vote:
AYE: Councilman Helgesson, Councilwoman Miller, Mayor Grabowski
NO: Councilman Cheney
L ABSENT: Councilman McReynolds
fir' ABSTAIN: NONE
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CITY COUNCIL MINUTES: July 2, 1975
C. SPECIAL REPORTS:
1. Toem Historian:
Mrs. Fava, Town Historian, presented a series of slides on the recent
Kick -Off Dinner of the Town's Bicentennial Committee held at Hidden
Villa recently.
Because of time limitations, Piayor Grabowski announced that any p,esentations
from the floor would be heard later in the evening as time allowed.
D. STAFF REPORTS CORRESPONDENCE AND ANNOUNCEMENTS:
1. City Attorney:
a) Claim of Rosita J. Pallas:
Mr, Gillio explained the nature of claim filed against the Town, and
recommended that Council authorize the giving of a notice of insufficiency.
He said that since the claim had been received June 14th, such a notice
must be filed within twenty days from that date.
4WCouncilman Helgesson moved, seconded by Councilman Cheney, to authorize
the City Attorney to file written notice of insufficiency for the claim
of Rosita J. Pellas. Motion carried by the following roll call vote:
AYE: Councilmen Cheney, Helgesson, Councilwoman Miller, Mayor Grabowski
NO: NONE
ABSENT: Councilman McReynolds
ABSTAIN: h!ONE
2. City Manager:
a) Clarification of Municipal Code Section 2-3.222
Mr. Crowe reported to Council that the City Attorney had recommended that
a specific Resolution be adopted by Council appointing him Chief of
Police and making that appointment retroactive to his appointment as City
Manager.
Councilman Helgesson moved, seconded by Councilman Cheney, to adopt
Resolution #33G appointing Robert E. Crowe as Chief of Police of the Town
of Los Altos Hills. llotion carried unanimously.
E. SPECIAL ORDERS:
1. Resolution #_ extending Resolution #790, a moratorium on Subdivisions:
�Av City Manager Robert Crowe reported that the Planning Consultant firm retained
by the Town, William Spangle & Associates, had completed their Subdivision
Ordinance study and had made their report and recommendations to the Planning
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4V CITY COUNCIL MINUTES: July 2, 1975
Commission. The Planning Commission had forwarded their recommendations to
the city Council, who requested Staff to present further recommended changes,
which had not been completed to date. For this reason, Staff was requesting
an extension of the moratorium until such time as the Staff Report was ready
for Council review.
Mayor Grabowski questioned Staff as to how much time would be regai^red
before Council could review the Staff Report and recommendations. Nor. Crowe
responded that the Report should be completed within a month, and thereafter
scheduled for public hearing.
Councilman McReynolds moved, seconded by Councilman Helgesson to adopt
Resolution #B87 extending moratorium on acceptance of applications for the
division of land. Motion carried by the following roll call vote:
AYE: Councilmen Cheney, Helgesson, McReynolds, Councilwoman Miller, Mayor
Grabowski
NO: None
ABSENT: None
ABSTAIN: NONE
Speaking from the Floor re Subdivision Moratorium:
Mr. Bradford Evans Powell & Associates: Asked Council to consider the hard-
ship on the andowner caused by the moratorium, and hoped for an early
resolution on the matter.
TAKEN OUT OF ORDER AS IT APPEARS Ofd THE AGENDA:
Presentations from the Floor:
1. Florence Fava, Tour. Historian: Stated that she was appearing before
Council to charge Councilaioman flitter with interference with Mrs. Fava's
duties, in that she had impeded attempts by Mrs. Fava to have the Griffin
House on the Foothill College campus established as a State Landmark.
Mrs. Fava requested that 1) Councilwoman Miller be admonished by Council for
her actions; and 2) Council endorse her (Mrs. Fava's) authority to seek this
landmark status from the State in writing so there would be no further question
of her authority to act in this matter. She also informed Council that she
would remain as the Town's Historian, but wished to resign as Chairman of the
Bicentennial Committee, the Town's representative to the Santa Clara County
Bicentennial Commission, and the Historical Heritage Commission Task Force.
Mayor Grabowski said he would not permit a debate on the charges brought
by Mrs. Fava this evening, stating further that if Mrs. Fava thought the
charges could be substantiated, she was advised to talk with the City Attorney
and the matter handled in a Personnel Session for purposes of clarification.
060, He also said that Councilwoman Miller should be allowed to rebut such
charges, but he did not think she was prepared to do so this evening, since
she was not mare these charges would be made.
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CITY COUNCIL MIMUTES: July 2, 1975
PRESENTATIONS FROM THE FLOOR (Cont'd):
Councilwoman Miller responded by categorically denying all allegations made
by Mrs. Fava, noting that there had been a number of mail box thefts in her
neighborhood within the past few months which forced her to use a Post Office
box in Mountain View until the matter was resolved. She stated that she had
never seen the forms alleged to have been sent her by the County regarding
this matter.
The Mayor stated that any charges to be presented by Mrs. Fava should be
reduced to writing so that Council could study the matter. He said he re-
gretted Mrs. Fava's resignations, and he appreciated the efforts put fcrward
by her toward the Bicentennial celebration and other matters dealing with t!1 -
history of the Town. lie honed she would reconsider the matter, and requested
that she speak with him further on this subject later in the week. Mrs. Fava
so consented.
SPECIAL ORDERS (Cont'd):
2. Public Review of FY 1975-76 Proposed Municipal Budget:
Speaking from the Floor:
Commissioner T. Schick: Speaking as Commission representative, requested
Council to include 1,200 in additional funds for the Planning Commission
buduet to be used for contingencies such as special studies, etc.
Speaking as a private citizen, Mrs. Schick spoke against the 819,000 set
aside for improvements to the westwind Horse Farm property recently acquired
by the Town, since its ultimate use was not known at the present time.
Hrs. Schick also pointed out a typographical error on p. 54 under pathways,
which should have read $7,500, and asked Council to delete the Vehicle
Expense budgeted for the City Council. She also thought that Travel and
Meetings on P. 18 should be reduced. Also expressed concern over the
possibility of the Town's paying higher rates for Sheriff's services this
year, and the loss of revenue from business licenses as a result of the Town's
issuing quarterly licenses this year.
Councilman Cheney said that the Minutes of June lith and June 12th gave the
impression that there was Council unanimity on the budget items discussed, and
wished to make a statement that this was not correct. He stated that he was
withdrawing his support in the suit against the Assessor. That while the
Assessor may be guilty of discriminatory assessment practices, the Council
of Los Altos Hills, as a tax -levying body, were equally as guilty of im-
propriety if Council took advantage of this windfall (increased property tax -
%) He said he could not, in good conscience, point the finger of guilt at
any governing body or agency in the taxation chain, and then offer the argue-
ment that the budget over which he had control was special, and increased
4bw revenue was justified.
Councilman Cheney stated that he had consistently said at all these meetings
that the Town had approximately $30,000 which would be gained in revenue from
the increased assessment. He thought it only proper that this Council should
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`. CITY COUNCIL MINUTES: July 2, 1975
go into the budget and look at it carefully, and remove something in the
order of $25,000, which he proposed, and return that money back to the
residents of the Town. He thought that in this was the Council could stand
up and be counted, even though the amount returned would be minimal. He
said that while he may or may not approve this budget, the principle was
there; it was the same thing; and even if the budget was passed, the City
Manager should be charged to increase the General Fund by $25,000 over and
above what he was going to do in this budget.
Mayor Grabowski said he appreciated his tone of austerity, but he thought the
budget was well prepared and that the City Manager had done an excellent job;
that it was more legible and readable than in prior years. He commented on
several items he did not like, and supported Councilman Cheney's concern on
spending. He said that while he approved of 95% of the budget as proposed,
he was opposed to the $19,000 scheduled for the improvement of the Nestwind
property; the $5,200 for landscape improvements and thought this figure should
be reduced to $2,000 this year; and he did not think this was the year for
Council to ask for vehicle expense reimbursement. fie stated that if the
vehicle expense is approved by Council, that he would refuse to accept it.
Councilwoman Miller tormented that Council had held three Study Sessions on
the proposed budget She spoke against holding up improvements to the West -
wind property for a year, and stated that if Council was so unhappy with the
040 budget, the whole thing should be scrapped and the City Manager directed to
start all over again.
Councilman Helgesson stated that each item had been discussed in the previous
sessions, and that he would go along with the decisions made by Council on
the budget at these meetings.
Councilman Helgesson moved, seconded by Councilwoman Miller to adopt the
Budget for FY 1975-76 as presented and amended by Council. Hotion carried
by the following roll call vote:
AYE: Councilmen Cheney, Ilelgesson, Councilwoman Miller
NO: Councilman McReynolds, Mayor Grabowski
ABSENT: NOME
ABSTAIN: NONE
City Manager Robert Crowe requested that Council continue the Public Hearing on
the proposed Ordinance to adopt certain building, plumbing and electrical codes
to the next meeting because of the length of this evening's agenda, and the fact
that the Ordinance had been noticed for the meeting this evening.
After a ruling from the City Attorney, Councilman Cheney moved to Agenda this
matter to the,,.::. Ce'!.'.'.cil maetin. The motion was seconded by
Councilman Helgesson and unanimously carried.
1%• 3.
I1r. Gillio, City Attorney, stated that this Use Permit, as applied for under
Section 9-5.703 was before Council by reason of the Planning Commission having
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#to- CITY COUNCIL MINUTES: July 3, 1075
CONDITIONAL USE PERHIT - ADOBE CREEK LODGE APPLICATION (Cont'd):
heard and made recommendations concerning the matter. !That was before Council
was to consider the approval or disapproval of a permit subject to the
conditions specified by the Council, and to hear any members of the public who
may be interested therein.
Mayor Grabowski noted the rules set forth by the Chair in conducting this
particular order of business.
Councilman McReynolds requested that his statement be read into the record:
"Early this year, during a period of time when the pump to my main water
supply at Adcbe Creek was out for overhaul, this applicant obstructed the re-
connection of power to my pump and effectively cut off water to my home. In
order to restore this privilege which had been enjoyed by my property for a
period in excess of thirty years, it was necessary for me to take this action
to court to get some assistance and remedy in the legal process. Since this
legal process is still under way, I am advised by Counsel not to participate
in voting on this issue at this particular time, or in the deliberations on
this issue. This I will not do, but this effectively disenfranchises me
it disenfranchises all the people in this particular area who depend on me to
represent them. Thank You."
Mayor Grabowski ordered the record to show that Councilman McReynolds had
disqualified himself for the reasons stated.
Speaking from the Floor:
Mr. Uilliam Zoller Attorney for Applicant: Said he would endeavor to work
within time frame for presentation, but did not feel that enough time had
been alloted for a proper presentation. Nr. Zoller began his presentation
with a brief history of the property known as Adobe Creel: Lodge or the Los
Altos Hills Country Club, and presented slides showing various scenes on
the property.
For the purpose of brevity, following are the conditions imposed by the
Planning Commission in recommending approval of this Use Permit as appealed
by the applicant:
Item 2 b): Second line should be changed from "Mr. Bellucci" to "the Land-
owner. lording should be more clear. Ambiguous meaning concerning second
residence on the property should be clarified.
Regarding compliance with conditions before the granting of the Use Permit,
Mr. Zoller stated he was in aquandary as to what this meant.
Item 2 c): That a copy of the executed lease to be filed with Town: Did
not see where the Town's control would be involved. Legally, there need be
44W" no formal lease.
Item 2 d): Provides for trail and path easements: Objected to Pathway
Committee determining other paths and trails beside ones already provided
along Moody Road.
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CITY COUNCIL MINUTES: July 2, 1975
CONDITIONAL USE PERMIT - ADOBE CREEK LODGE APPLICATION (Cont'd):
Mr. Zoller stated that the applicant was willing to dedicate the strip
along the road that has been used as a path', willing to give an additional
area as a rest area along the road; willing to grant an easement for trail
and path purposes in the upper area of the property, 700' and above.
Would like this condition changed back to status when it came from Staff.
Item 3: Agreeable to applicant.
Item A: Staff and applicant had agreed to limit number of vehicles on
property at one time for outside activities to 700. The Commission further
limited it. Applicant appealing Planning Commission recommendation, and
requesting the 70n as agreed to by Staff and applicant.
Item 5: Agreeable to applicant.
Item 6: Suggested that hours for tennis playing be changed from "8:00 A.M.
to Sunset" to ",^,:00 A.M. to (a specified time)."
f,. "Special Events": !dill be impossible financially to eliminate special events
�r until non-profit club had adequate membership to sustain itself.
Applicant requested that the food and beverage hours be changed
to 2:00 A.M. on Fridays and Saturdays only, with the exception of Neil Year's
Eve.
Item 7: That County Health Department conditions be complied with prior to
issuing Use Permit. Applicant and Staff had agreed that these conditions
might be done within three months after issuance. Said as presented, this
would be imppssible to comply with financially and otherwise.
Item 8: Re County Fire Department conditions: Staff and Applicant had
agreed to conditions being met within six months. Commission had recommended
that conditions be met prior to issuance of Permit. Since this will be an
expensive and extensive program, and corporation had not yet been formed,
this could not be done.
At this point, Payor Grabowski informed Mr. Zoller that he had exhausted the
tine allotted to him, and asked if it were his intention to apneal each of
the conditions recommended by the Planning Commission. Mr. Zoller replied
affirmatively.
Mayor Grabowski agreed that the applicant should be given the opportunity to
address each of the conditions if that was his wish, but this evening, he would
like to continue with the comments from the assembly, and continue Mr. Zeller's
presentation to Wednesday, July 9th at an Adjourned fleeting. Mr. Zoller agreed,
and the City Attorney suggested that each objection be reduced to writing for
Council's perusal.
CITY COUNCIL MINUTES: July 2, 1975
CONDITIONAL USE PERMIT - ADOBE CREEK LODGE APPLICATION (Cont'd):
Speaking from the Floor in favor of application:
Ms Nancv Grippo Amigos Court (County): Mrs Mary Stutz Elena Road
Mrs. Mildred Saviano, Corte Pladera Court
Speaking from the Floor opposing application:
Mr. M. Schoendorf, speaking as representative of LAH Homeowner's Assn.
Mr. wi liamam PhY, Moody Road Mr. Bob Poole Moody Court
Mr Steven Boborickan, Moody Road_ Mr. Steve McRe nolds Moog Road
Mrs. Pat Standrinq, Cortez Lane Mrs. Alma Vloo Stonebrook Ave.
Nrs,
L. Gould, Orte a Drive Mr Davi Proft Moody Road
firs. nne Spencer, Sher ock Ct.
Nr. Zoller stated that he would prefer to reserve his closing statements until
the next meeting.
Because of the lateness of the hour, Item F, GENERAL ORDERS, was held over until
the next meeting of Council.
G. NEN BUSINESS: None
H. ADJOURNMENT: Council adjourned at 11:15 P.M. to an Adjourned Meeting at
7:30 P.M. on Wednesday, July 9th.
Respectfully submitted,
Norma J. Hislop
Deputy City Clerk