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HomeMy WebLinkAbout01/03/1973CITY COUNCIL TOWN OF LOS ALTOS HILLS MINUTES OF A REGULAR MEETING January 3, 19Z3 REEL 49 Side 2 Track 2 440 -End REEL 50 Side 1 Track 1 00-103 Mayor Leslie Helgesson called the Regular Meeting of the City Council of the Town of Ins Altos Hills to order at 7:47 P.M. in the Council Chambers of the Town Hall, 26379 Fremont Road, Los Altos Hills, California with the fsllowing members answering roll call: Present: Councilman Davey, Kubby, Miller, Grabowski and Mayor Helgesson. PLANNING COMMISSICH REPRESENTATIVE: Commissioner Weiabart Mayor Helgesson introduced and welcomed the new City Manager, Mr. Bruce Lawson. APPROVAL OF MIBUTES: July 10, 1972 July 24, 1972 August 3, 1972 August 7, 1972 August 8, 1972 December 6, 1972 MOTION, SECONDED AND CARRIED: Councilman Kubby moved, secondcd by Grabowski and carried unanimously to coniine tnis item to the next Council meeting. COMMUNICATIONS: 1. Letter from Artemas A. Gimton regarding increased cost of agendas and minutes. The Staff was asked to reply. 2. The League of California Cities sent their Legislative Bulletin, dated December 7,1972. 3. Letter from the Federated Woman's Club of Los Altos which expressed their support for the Health Abuse Program. 4. Letter from J.J. Lynch of Wilson, Jones, Morton & Lynch regarding S.A.D. No. 9 Suit enclosing (1) an endorsed filed copy of Findings of Fact and Conclusions of Law; (2) an endorsed filed copy of the Judgment entered in the proceeding; and (3) a Notice of Entry of Judgment. Councilman Grabowski asked the following questions: (1) can there be an appeal, if so, who is going to pay the costs since the defendant has the judgment against the plaintiff of the suit; (2) if the costs include the fees charged against the attorneys representing the Town, how is the money going to be raised to pay these fees; and (3) is this judgment reversible. The City Attorney stated: (1) yes, there could be an appeal, however, none has been filed as yet; (2) court costs will be paid by the unsuccessful plaintiff, attorney fees would be paid out of the district; and (3) theoretically, yes, the judgment is reversible but it would be a difficult appeal. Councilmen Grabowski then asked the amount the people of S.A.D. No. 9 would be required to pay; the City Attorney replied he wasn't sure of the amount. CCMMUNICATIOBS (cont.) Y 5. The Santa Clara County Board of Supervisors sent a copy of their resolution �r adopting "Goals and Policies for Housing". Councilman Grabowski stated he was not in accord with thin resolution as it represents simply a rehash of the joint housing element that the Council had rejected a year or so ago. Councilman Grabowski moved to reject this resolution and return it to the County Board of Supervisors as unacceptable. Council nan Kubby felt this was out of order as the Town was not asked to approve this resolstion, that it was for the Town's information only. Councilman Grabowski agreed with Councilman Kubby but felt the Town should be able to express their opinion. Ma/or Helgesson felt this item should be brought up under "Other Business by Councilnen" on the agenda. Councilman Grabowski withdrew his motion. 6. The City of Palo Alto sent a copy of their "Resolition Opposing Southern Pacific Transportation Company's Proposed Increase in Fessengsr Fares". MOTION, SECONDED AND CARRIED: Councilman Grabowski moved, seconded by Miller and carried unanimously that the Town express their support for Palo Alto in their opposition to a rate increase and address this support in a letter to the Public 'itilities Commission. 7. Letter from Mrs. Florence Fava regarding the E1 Retiro Jesuit Retreat Property. Mrs. Fava Is requesting the Town to write to the City of Los Altos requesting the change of the sphere of influence boundary between Los Altos and Los Altos Hills. General discussion ensued. We. Pave spoke on her request for the Town to write to the City of Los Altos. W. A.M. Paws asked that since the formal annexation has taken place, what sense was it to talk of the sphere of influence at this time. Councilman Grabowski suggested a letter be written, signed by the Mayor and sent to the City of Los Altos emphasizing the Town's viewpoint on this annexation and asked for a delay until the two cities could review all the circumstances. Councilman Miller felt the Town should restate their understanding of the "Gentlemen's Agreement" Mayor Helgesson stated he would write a letter to the City of Los Altos. 8. Letter from Sidney W. Benson regarding the shooting of their dog. Councilman Grabowski stated he talked with Mrs. Benson today and advised her that the Town was considering the restriction of fire arms. Councilman Kubby suggested that the Staff notify Mrs. Benson when this item would be before the Council. 9. Letter from Mrs. Frank Gorman regarding Council action. 10. Letter from Mrs. Thomas L. Martin regarding Building Permit fees. ANNOUNC04ENTS: 1. Staff announced that during the week of January 27 through February 4, 1973, at 9:30 A.M. through 4:30 P.M., historical articles and drawings would be placed on exhibit at Town Hall. On Saturday, January 27th, there will be an Open House at Town Hall celebrating the Town's 17th Birthday. Cake will be served. 2. The Inter City Council meeting will be held Thursday, December 4, 1972 at 6:00 P.M. at the Sandpiper in Cupertino. Topics to be discussed are: Review of 911 Telephone System; PPC Findings Regarding Annual Arrangement. '2' SCHEDULED ITEM NO. 1: VARIANCE TO REDUCE REAR YARD SETBACK FROM 30' TO 20' FOR A SWIMMING POOL AT 26755 RCBLEDA COURT. APPLICANT: ROBERT W. DE GRASSE (V-379-72) Mr. Jerry Crabtree, Consulting Town Engineer, reviewed this variance request stating that this item was carried over from the last meeting to give the applicant time to respond to the Planning Commission's recommendations. The applicant has now indicated that they are willing to comply with the Planning Commission's recommendations. MOTION, SECONDED AND CARRIED: Councilman Davey moved, seconded by Grabowski and carried unanimously that the Variance request of Robert W. DeGrasse (V-379-72) to reduce rear yard setback from 30' to 20' for a swimming pool at 26755 Robleda Court be approved. SCHEDULED ITEM NO. 2: TENTATIVE MAP OF LAURELEEN ACRES NO. 2 (395-72), 4 LOTS, 4.35 GROSS ACRES, NATMA RD. ENGR: L.G. BRIAN P.ND R.W. FOULK Staff reviewed this Tentative Map of Laureleen Acres No. 2 stating that the Planning Commission, at their meeting of December 27, 1972, recommended approval. Mayor Helgesson commented on the Commission's discussion and recommendations. Robert Foulk, applicant, spoke on his own behalf. Mr. Bob Stutz, Chairman of the Pathway Committee, reviewed the Committee's recom- mendations. General discussion ensued. Councilman Davey and Grabowski asked clari- fication on the findings of the Pathway Committee. Councilman Grabowski stated he had misgivings of the egress on lots 3 and 4 and asked clarification from Mr. Crabtree. Mr. Stutz then showed slides of the property. Mr. Foulk spoke on his preference to a path around the periphery of this•Droperty. Speaking from the floor: Mr. Ray Whitley, member of the Pathway Committee; Mr. R.C. Cheney, Chairman of the Public Protection Commission; and Mrs. M. Saviano opposed the path going along the road. Mrs. E. Ginzton brought up for consideration another idea: limit Natoma Road to a fire road and non -vehicular traffic having residents use Black Mountain Road. Commissioner Spencer stated that a property owner by the name of Eagle opposed a path along the creek. Commissioner Weisbart spoke on the Planning Commission's discussions and decision. Mrs. Stroble spoke in favor of having the path along the read, opposed making Natoma Road a one-way street and opposed cutting into the creek bed. Councilman Grabowski stated he was concerned about the safely problem and would like the opportunity to see the site. Councilman Miller stated she would like the Public Protection Commission to review this item again and felt the most logical path would be the back path. MOTION, SECONDED AND CARRIED: Councilman Grabowski moved, seconded by Miller and carried unanimously to continue this to the next Council meeting in order for the Public Protection Commission to review and make recommendations. SCRIMULF.D ITEM Pro. 3: REQUEST FOR VARIANCE TO REDUCE SIDE YARD SETBACK FROM 30' TO 5' FOR A CABANA AT 12791 NEST SUNSET DRIVE. APPLICANT: DR. ABRAHAM A. GOETZ (V-380-72) Staff reviewed this variance request stating that the Planning Commission, at their meeting of December 27, 1972, recommended approval of this variance request, subject -3- SCHEDULED ITEM NO. 3: (Cont.) to the conditions of the memorandum to the Planning Commission from George G. Mader, Town Planner, dated December 12, 1972. MOTION, SECONDED AND CARRIED: Councilman Davey moved, seconded by Grabowski and carried unanimously that the request of Dr. Abraham A. Goetz (V-380-72) for variance to reduce side yard setback from 30' to 5' for a cabana at 12791 West Sunset Drive, subject to the conditions stated in a memorandum dated December 12, 1972 by G.G. Mader, Town Planner, be approved. RECESS: 9:00 P.M. RECONVENE TO REGULAR MEETING: 9:20 P.M. UNSCHEDULED ITEM NO. 1: RECEIVE AUDIT FOR FISCAL YEAR 1971-72. Staff recommended the Council accept, for filing only, and make comments at a later date. MO'T'ION, SECONDED AND CARRIED: Councilman Kubby moved, seconded by Davey and carried usaIIimously to accept the Audit for Fiscal Year 1971-72 and reserve comments for the next City Council meeting. UNSCPX17JLED ITEM N0. 2: RETORT' OH IMPROVEMENTS REQUIRED ON THE WHEELER SUBDIVISION, TRACT 4184 Mr. Fri*eeh.le stated that this report on improvements required on the Wheeler Sub- divisiL., Y:ect 4184 was requested by the Council at their meeting, December 6, 1972. Mr. Fritschle then reviewed his memorandum, dated December 13, 1972, to the City Council. Cn:meilman Grabowski asked Mr. Fritschle the length of time it took Staff to revicw ':.;.e pr.;blem. Mr. Fritschle replied approximately 2-3 hour-,. Mr. Fritsohle felt there was nothing left to be done that was required to be done on this subdivision. Speaking f',Cm th,, fhor, Mr. David Janason talked of the Wheeler Subdivision and improveae.,, ],.e �1'c should be done. Mrs. Steers talked of the dangerous inter- X section at Cers:rcJ 3aad and Page Mill Road. UNSCIiEDUT7D 17-`' _;-,, 3: REITtWAL Oi+ i1;' i]_i LICENSE FOR HORSE STABLE AT FREMONT HILLS COUNTRY CLUB Staff reported on the renewal of the Business License for horse stable at the Fremont Hills Country Club and stated that the Use Permit, granted for this commercial horse stable, be reviewed annually at the time the business license is renewed. The Health Department hes indicated that conditions were satisfactory and recommended approval. MOTION, SECONDED AND CARRIED: Councilman Grabowski moved, seconded by Davey and carried unanimously that this item be continued pending the study of the required landscaping on the Use Permit and schedule this item for the next Council meeting. UNSCHEDULED ITEM No. 4: APPROVE THREE CONTRACTS FOR PLACING LAND UNDER THE WILLIAMSON ACT Staff stated that the Town had three applications from property owners to place their land under contract, per the Williamson Act. These are: a. John M. Fowle, 27060 Ola Trace Road - 10 acres b. Lester H. Brubaker, 27575 Purlssims Road - 3.296 acres c. Maurice Shecter, 27591 Purissima Road - 4.04 acres MOTION, SECONDED AND CARRIED: Councilman Davey moved, seconded by Grabowski and carried unanimously to place these three tracks of land under contract, per the Williamson Act. UNSCHEDULED ITEM N0. 5: CONSIDER CLAIM AGAINST THE TOWN FROM GERARD HOMES RE: DRAINAGE FEES The City Attorney reviewed the claim by Gerard Homes regarding drainage fees received at Town Hall, December 18, 1972. The City Attorney recommended rejection. MOTION, SECONDED AND CARRIED: Councilman Davey moved, seconded by Grabowski and carried unanimously to reject the claim against the Town from Gerard Homes. UNSCHEDULED ITE% N0. 6: REQUEST FOR ACTION ON LOCAL DRAINAGE PROBLEM: RICHARD B. OLIVER, 25466 ADOBE LANE. This item was removed from the Agenda as the problem has been resolved. ( UNSCHEVUL.FD ITEM N0. 7: REPORT FROM THE CITY OF PAIS ALTO RE: PROVIDING POLICE SERVICES TO THE TOWN MOTION, SECONDED AND CARRIED: Councilman Grabowski moved, seconded by Davey and carried unanimously to refer this report to the Public Protection Commission for their review. UNSCHEDULED ITFM N0. 8: REQUEST FRCM W.R. KINCHEL.OE, JR., FOR DIRECTION RE: PARTICIPATION WITH PAW ALTO ON CABLE T.V. Mr. Kincheloe gave a summery of the Cable TV Committee meetings in Palo Alto that he has been attending as he has been representing the Town. He felt the Town should be aware of what the Committee is doing and asked guidance from the Council as to whether the Town still wanted to be included in this study. Frank Wheeler, speaking from the floor, felt the Town should still participate. Council concurred to pursue with the participation with Palo Alto on Cable TV and to keep the Town's interest open and expressed their appreciation of Mr. Kincheloe's efforts and attendance at these meetings as a representative of the Town. UNSCHEDULED ITEM NO. 9: CONSIDERATION OF A SHORT-TERM CONTRACT FOR ENGINEERING SERVICES - STAN SCRUPP & ASSOC The Council received a proposal from the firm of Stan Schupp & Associates, signed by `, Jerry H. Crabtree, Chief Engineer, offering engineering services to the Town during the time required to recruit a new Town Engineer. Staff recommends that an informal agreement be approved. -5- UNSCHEDULED ITEM No. 9 (cont.) Mayor Helgesson stated that this item had been discussed with the former City Manager and felt this was the best solution of providing engineering services for the next month or so. MOTION, SECONDED AND CARRIED: Mayor Helgesson moved, seconded by Miller and carried by unanimous roll call vote that a contract be executed with Stan Schupp & Associates for the services of Mr. Jerry H. Crabtree for engineering services in which the City Manager determines the number of hours to be worked by Mr. Crabtree, and that the rate be $17.50/hour, plus reimbursement for incidental costs. UNSCHEDULED ITEM NO. 10: REPORT ON COSTS FOR SALARIES AND CONSULTANTS FOR PERIOD OF NOVEMER 15 TO DECREER 1, 1972 At the last Council meeting, Staff was requested to prepare a report detailing the normal costs for salaries compared with actual cost of salaries and consultant fees for the period from November 16 to December 1, 1972. Staff summarized the findings of this report stating that the normal costs for salaries for this period of time would have been $3,608 compared with the actual cost of salaries and consultant fees of $5,056.50. This report is filed at Town Hall and can be examined if so desired. UNSCHEDULED ITEM N0. 11; SET PUBLIC HEARING TO CONSIDER SPLIT OF ASSESSMENTS Staff reported that the Town needs to split the sewer assessment for the M. Johnson Subdivision on Purissima Road. Council concurred that a Public Hearing be held at the next Council meeting, January 17, 1973 at 8:00 P.M. UNSCHEDULED ITEM No. 12: DETERMINE ENVIROIUg=TAL IMPACT ON APPLICATIONS AND PERMITS Staff reviewed and requested approval of a list of applications received at Town Hall since December 7, 1972 to the City Council in accordance with the Environmental Quality Act of 1970 and Town Ordinance No. 199. Staff has determined the impact to be trivial and recommended approval. MOTION, SECONDED AND CARRIED: Councilman Davey moved, seconded by Miller and carried unanimously to approve the list of applications/permits, dated January 3, 1973, submitted to the Town Hall and that the Environmental Impact of these applications/permits is trivial. in SCHENULED ITEM NO. 13; STAFF REPORTS None. UNSCHEDULED ITEM N0. 14: COMBINE TEE POSITIONS OF CPPV MANAGER AND CITY CLERK ♦o MOTION, SECONDED AND CARRIED: Councilman Davey moved, seconded by Miller and carried by majority vote (Councilman Grabowski voted no) to combine the positions of City Manager and City Clerk. -6- UNSCHEDULED ITEM No. 15: ITEMS FOR NEXT MEETING'S AGENDA The following three items have been requested to be agended for the meeting of January 17, 1973: a) Consider the Reorganization of Town Committees. b) Discuss Proposed Animal Restraint Regulations. c) Discussion of Conditions Restricting the Unlimited Use of Projectile Throwing Devices. Council concurred to agenda these items for the next Council meeting, January 17, 1973. Councilman Miller asked if the Drug Abuse Program would be reagended. Councilman Grabowski stated he was under the understanding that this Woup would appear before the Town Council again when they were able to answer questions that the Council had asked which the Council felt relevent before they could authorize expenditure of funds. Mayor Helgesson said he would contact this group. PRESENTATIONS FROM THE FLOOR: 1. Mr. A.M. laws expressed his opinion of tonight's meeting as being a good meeting. RESOLUTIONS: 1. Resolution No. 690, a Resolution of the City Council of the Town of Los Altos Hills re: signatures on warrants and checks. The City Attorney introduced and read in its entirety Resolution No. 690, A RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS REGARDING SIGNARM OF WARRANTS AND CHECKS. MOTION, SECONDED AND CARRIED: Councilman Davey moved, seconded by Mayor Helgesson and carried by unanimous roll call vote that Resolution No. 690 be adopted as read. ORDINANCES: 1. Ordinance No. 205, First Reading, An Ordinance Repealing Ord. No. 199 on Environmental Impact Act. The City Attorney introduced and reed the title of Ordinance No. 205, AN ORDINANCE OF THE TOWN OF LOS ALTOS HILLS REPEALING ORDINANCE N0. 199 OF SAID TOWN. MOTION, SECONDED AND CARRIED: Councilman Miller moved, seconded by Mayor Helgesson and carried by unanimous roll call vote to vaiva further reading. WARRANTS• MOTION, SECONDED AND CARRIED: Councilman Davey moved, seconded by Grabowski and carried by unanimous roll call vote that the warrants as presented in the amount of FIFTY THREE THOUSAND, SIX HUNDRED FIFTY-TWO DOLLARS AND SIXTY-NINE CENTS ($53,652.69) be approved and the City Manager -City Clerk be authorized to draw the appropriate warrants. "`, -7- OTHER BUSINESS BY COUNCTIMEN: F`, 1. Councilman Grabowski asked Staff the following questions stating lie would like `- the answers to these questions at the next Council meeting: a) How much money does the Town have in time deposits, b) What bank and rational was behind the distribution of banks, and c Why this distribution was made. AWOURNMENT: Mayor Helgesson adjourned the meeting at 10:15 P.M. to NEXT REGULAR MEETING, Wednesday, January 17, 1973 at 7:45 P.M. at Town Hall. Respectfully submitted, Judith L. Duncan Recorder Town of Los Altos Hills jd