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HomeMy WebLinkAbout05/02/1973�Ii�t�LPL`[Nl1 TOWN OF LOS ALTOS HILLS [ MINUTES OF A REGULAR MEETING � r May 2, 1973 CC Reel 54 Side I Track 1 000-999-354 CC Reel 54 Side 2 Track 1 000-250 Mayor Leslie Helgesson called the regular meeting of the City Council of the Town of Los Altos Hills to order at 7:50 PM in the Council Chambers of Town Hall, 26379 Fremont Road, Los Altos Hills, California. A. ROLL CALL: Present: Councilmen Davey, Grabowski, Kubby, Miller and Mayor Helgesson Absent: None Planning Commission Representative: Commissioner Lachenbruch B. CONSENT CALENDAR: At the request of Council and the public, Items I, 2 and 4 were removed from the Consent Calendar for separate consideration. MOTION, SECONDED AND CARRIED: Councilman Davey moved, seconded by Councilman Grabowski and carried unanimously to adopt that portion of the Consent Calendar (Item 3: Motion denying claim of Pasquale J. Spada and Dolores Spada for damages in amount of $480,960.00 for damages and prospective damages) remaining. 1. APPROVAL OF MINUTES (April 18, 1973 Councilman Grabowski requested the following correction In the Minutes of April 18, 1973: a. That page 12, Item 6, paragraph 2, be changed to read as follows: "The City Attorney stated that zoning may not be taken out of Council hands because zoning is not an issue subject to Initiative" Councilman Grabowski further requested clarification of the City Attorney's statement, In reply to a question from the floor as shown on page 12, Item 5, as follows: "Speaking from the floor, Mr. A. M. Laws Inquired whether a motion was not made one year ago to the effect that Mayor Helgesson be appointed for I year, and Deputy Mayor Mary Davey for one year. The City Attorney replied that such was not the case." The City Attorney Indicated that he had responded only to that portion of Mr. Laws' question in which he Inquired whether Deputy Mayor Mary Davey had been elected "for the following year." 'dhereupon,the City Attorney stated that he had shaken his head in the negative, to which Mr. Laws replied, "Oh. That is not the case." liliw Councilman Grabowski further commented, relative to page 3, paragraph 5, and page 7, paragraph 2, shown respectively below, that he did not believe re LM that congratulations of the kind shown should be Included in the Minutes unless such congratulations are particularly germs in to the Issue under discussion. "Councilman Kubby congratulated the City Manager on the format of the Warrant List, Including the 'description' section provided for each warrant listed." "Councilman Kubby expressed thanks to the City Attorney and City Manager for their efforts in the Report's preparation, stating that It contained the information that the Council had been seeking in requesting the Report." Councilman Grabowski further Inquired as to the correct wording of a por- tion of paragraph 1, Item 2, page 8, which was not shown on the Minutes because of a mimeographing failure. City Manager Bruce Lawson stated that the words omitted were, "of the Town," and the sentence should, therefore, read: "Councilman Miller reported that when the Town Historian, Mrs. Florence Fava, was appointed, she wasto receive compensation for expenses incurred on behalf of the Town, but had received no notification from the Town verifying this." MOTION, SECONDED AND CARRIED: Councilman Davey moved, seconded by Council- man Grabowski and carried unanimously to approve the Minutes of April 18, 1973, as amended. MOTION, SECONDED AND CARRIED: Councilman Miller moved, seconded by Councilman Davey, and carried, with Councilman Grabowski and Mayor Helge- sson opposed, that Minutes of City Council meetings return to the short or "action" form, formerly adopted, with individual comments, explanatory material and deliberations by Council members or members of the public included when particularly requested for inclusion by the individual speak- ing. 2. APPROVAL OF WARRANTS: 'dOT10N, SECONDED AND CARRIED: Councilman Davey moved, seconded by Council- man Grabowski and carried unanimously to approve the Warrant List of May 2, 1973, In the amount of $9,397.74. 3. RESOLUTIONS FOR ADOPTION: a. Resolution No. 705, designating a portion of Sherlock Road as Sherlock Court. City Manager Bruce Lawson presented a Staff Report indicating support for the designation of that portion of Sherlock Road, shown on the map attached to Resolution No. 705, as "Sherlock Court." Speaking from the floor, and requesting that his remarks be Included in the record, Mr. Don Spencer,a resident of Sherlock Road, spoke in support of the proposed name designation. Mr. Spencer further '9C expressed concern that the portion of Sherlock Road to be designated "Sherlock Court" might be Improperly changed in status to extend over a private driveway owned and serviced by Mr. David Jansson. The City Manager stated that the current status and extent of the road would not be altered by this designation. MOTION, SECONDED AND CARRIED: Councilman Davey moved, seconded by Councilman Miller, and carried unanl mously to adopt Resolution No. 705, designating a portion of Sherlock Road as Sherlock Court. C. CURRENT BUSINESS: I. Discussion of Appointments to Environmental Planning Commission. Councilman Davey stated her understanding that this Item had been placed on the agenda to announce to the public two new positions available on the Environmental Planning Commission, created by expansion of the Commission from 7 members to 9, as well as openings which may be available due to the expiration of some existing terms on the Planning Commission. The City Manager confirmed that 2 vacancies exist on the Environmental Planning Commission, effective May 18, 1973, due to expansion of the Commission, and that 4 additional positions on the current Planning Commis- sion have expired and have been continued by the City Council for an indef- inite period. fair Following discussion, it was agreedby the Council that the 2 newly -created positions on the Environmental Planning Commission be announced so that applications may be received from the public, and that the question of 4 expiring positions on the currently -existing Commission be considered in Executive Session. D. CONTINUING BUSINESS: I. Discussion of Proposed Byrne Preserve Lease. The City Manager referred to the Staff's Report at the Council Meeting of April 18, 1973, in which it was recommended that Westwind Hungarian Horse Farms be approved as the new lessee for the Byrne Preserve property. Mr. Lawson stated further that at that same meeting Mr. Grey; Hawkins, caretaker for the current lessee of Byrne Preserve (Mr. Richard Thomas), had expressed interest in bidding on the lease, but had not actually submitted such a bid. Mr. Lawson, stated, therefore, that the Staff recommended approval of the lease for Byrne Preserve with Westwind Hungarian Horse Farms, with some minor corrections made by the City Attorney. The corrections were read by the City Attorney as follows: a. Inclusion of a provision limiting the amount that can be charged of residents for boarding horses to no more than $25.00 per month per space for pasturage only, nor more than $35.00 per month per space for pasturage and additional feeding. WE b. Inclusion of a provision requiring that proof of general liability Insurance, with a policy limit of at least $500,000, 42, be furnished to the Town by the lessee. c. Inclusion of requirements regarding written notice to Lessor 30 days In advance If the Lessee wishes to exercise the option to renew the lease for one additional year. d. Inclusion of a provision showing the due date for rental payment, on or before the second day of each month. e. Addition of a provision Including fences as a part of the real property. Mayor Helgesson expressed his understanding that, under the lease, West - wind Hungarian Horse Farms would be responsible for maintaining fences, acting in a caretaking capacity for the property, and would have the option of maintaining 10 of their own horses on the property, while making 5 additional spaces available to the public. The City Manager stated that this was the agreement as shown in the pro- posed lease. Following discussion, the toll owing motion was adopted: MOTION, SECONDED AND CARRIED: Councilman Davey moved, seconded by Council- man Kubby, and carried unanimously, to approve the lease for Byrne Preserve ` with Westwind Hungarian Horse Farms, per the agreement drawn up by the City Attorney. 2. Motion to take from the table the question of the election of municipal officers. (Per the request of Councilman Grabowski). Councilman Grabowski stated that atthe last meeting of the City Council he had nominated Mayor Leslie A. Helgesson to succeed himself as Mayor of Los Altos Hills, and that following that, Mayor Helgesson had asked for addi- tional nominations. At that time a motion was made and carried to table the question of the election of municipal officers. Councilman Grabowski reiterated that the Mayor had been elected for one year and that his term had expired. Mr. Grabowski expressed the view that to continue the term on a day to day basis "at the pleasure of the Council" was improper. He stated further that the citizens of Los Altos Hills had a right to know who the Mayor is at present, and who he will be in the year ahead, adding that officials of other jurisdictions should feel secure that the individual they address as Mayor is, in fact, the Mayor. MOTION, SECONDED AND DEFEATED: Councilman Grabowski moved, seconded by Mayor Helgesson, that the City Council take from the table the matter of the election of municipal officers and the matter of nomination for those particular posts. The motion was defeated by roll call vote as follows: j AYES: Councilman Grabowski, Mayor Helgesson NOES: Councilmen Davey, Kubby, Miller ee 3. Discussion of the Position of Town Historian. Obw As directed by the City Council at Its regular meeting on April 18, 1973, the City Manager presented a Staff Report defining the responsibilities and qualifications pertaining to the position of Town Historian. Mr. Lawson stated that he had not as yet met with Mrs. Florence Fava regarding the question of expenses relating to this position. Mayor Helgesson stated that the City CounclI, at its meeting of November 20, 1972, approved the reinstatement of Mrs. Florence Fava as Town Histori- an, with expenses to be discussed at a subsequent meeting. Councilman Miller Inquired whether Mrs. Fava had, as yet, submitted a list of expenses. The City Manager stated that she had not. Councilman Grabowski suggested to the City Manager that the Job Description be modified to allow Mrs. Fava to continue In the position for as long as she wishes, rather than at the pleasure of the City Council, as shown In the proposed Job Description; and that an annual activity review of the Historian's work be conducted by the City Council, rather than permitting the position to function In a completely unsupervised capacity as shown In the proposed Description. Mr. Grabowski further stated that facts concern - Ing the acquisition of artifacts, the housing of artifacts and insurance that may be required for such artifacts, should be Included in the Descrip- tion Commissloner Lachenbruch, representing the Planning Commission, suggested ` that the Town Hlstorian°s functions might more properly be defined as centering around "cultural history," rather than "natural" history, as shown in the proposed Job Description. Speaking from the floor at the request of Mrs. Florence Fava, Mr. R. C. Cheney stated that Mrs. Fava felt her position had been treated lightly and that it Is Important that If the position is to exist, and Mrs. Fava Is to continue in it, that a clear description of the job be instituted. Mr. Cheney stated further that Mrs. Fava had contributed her own funds toward some material already collected on behalf oftha Town, and that if she continues as Town Historian, some value should be established for previous efforts. Speaking from the floor, and requesting that her remarks be included in the record, Mrs. Florence Magruder stated that the Town of Los Altos had recently acquired land by the City Hall complex, which may be used for a Museum. Mrs. Magruder stated that this might, therefore, be a location to be explored, along with Foothill College, for the possible housing of Los Altos Hills` historical materials. Mayor Helgesson stated that Mrs. Fava's appointment as Town Historian had been clearly established, and that it was the sincere wish of the Town that she continue in that capacity. He further requested that the City Manager take into consideration the various ideas suggested concerning the position of Town Historian, and that contactbe made with Mrs. Fava so that definite ground rules regarding expenses may be laid down. -5- 4. Discussion of Charter vs. General Law City (Continued from April 18, 1973) ` The City Manager presented a report prepared by the City Attorney and City Manager concerning the advantages and disadvantages of adopting a City Charter for the Town. Speaking from the floor, and requesting that her remarks be shown in the record, Mrs. Florence Magruder stated that some material included in th; California League of Cities document was omitted by Mr. Lawson in the presentation of his report, as follows: a. On page B of the League of California Cities Report, Item 4, under "A. Advantages" [of a Charter Form of Government], the sentence which reads: "For example, a charter city can determine its own utility rates and fund administration and provide for balancing surpluses and deficits for particular city operations on a long- range basis and still maintain appropriate Internal and external controls." b. On page 8, Item 6, under "A. Advantages" [of a Charter Form of Government], the following: "Public discussion of the various features considered in preparation of a charter creates an informed citizenry and crystallizes community values which may serve as guidelines to the city council in establishing city policies. The net result must be better and more responsive government." c. On page 9, Item I, under "B. Major Advantages of Remaining a General Law City," the following: "When action Is needed the city must call for a charter amendment." d. On page 9, Item 5, under "B. Major Advantages of Remaining a General Law City," the following: "Over a period of time with the passing of Issues, the charter becomes loaded with an accumulation of anachronisms which harass the operation of the city but are below the threshold of justification for repeal." Mrs. Magruder stated that she believed a general discussion in consideration of a Charter vs. General Law City would be worthwhile, and worthy of explanation by, for example, people from the League of California Cities, at meetings in which Townspeople can ask questions and express their Individual views. Following additional discussion, the following motion was adopted: MOTION, SECONDED AND CARRIED: Councilman Grabowski moved, seconded by Mayor Helgesson and carried unanimously that the City Council commit the Charter concept for Los Altos Hills to the Planning Commission for comment and recommendation. It was the consensus of Council that the Planning Commission be requested to return its recommendations In this matter to the City Council for its kw regular Council meeting of June 20, 1973. Speaking from the floor, and requesting that her comments be Included In the record, Mrs. Florence Magruder stated that the League of California Cities urges any city considering a Charter to engage the services of a specialist in this area. Mrs. Magruder stated further her support of the motion sending the Charter concept to the Planning Commission for recommend- ation, as well as the Idea of public meetings to consider the matter, plus additional input from the League of California Cities. The City Attorney suggested that some copies of the League of California Cities brochure be made available to the public for review, and that the Staff prepare by the next Council meeting, a proposed form of Charter, Including, perhaps, a proposed provision stating what Staff deems to be the zoning philosophy of the Town; a sample provision calling for real pro- perty transfer tax; perhaps a sample provision calling for a 2 year term for Councilmen --all for the purpose of providing a basis for discussion. MOTION, SECONDED AND CARRIED: Councilman Davey moved, seconded by Council- man Kubby, that a continuing discussion of a Charter vs. General Law Form of Government for the Town be included on the agenda for the City Council meeting of May 16, 1973, with a preliminary sample charter, as outlined by the City Attorney, serving as a point of departure for the discussion. The motion was carried by roll call vote as follows: AYES: Councilmen Davey, Kubby, Miller NOES: Councilman Grabowski, Mayor Helgesson Councilman Grabowski requested that the record show his objection to the far motion on the basis that the City Council has not endorsed the concept of a City Charter, and that it would appear proper to accord the Planning Commission the privilege of studying the concept, and coming back to the City Council with their views before the Council attempts to decide what should go into such a Charter, or learns what the public thinks should go into such a Charter. Councilman Grabowski further stated that the Council should first decide whether it will endorse the concept of a Charter before Involving Staff time and public discussion of such a Charter. 5. Discussion of Proposed Ordinance Regarding Property Reports The City Attorney reported to the Council concerning the feasibility of a proposed ordinance which would, in the broadest terms, require that the transferor of any real property obtain from the Town and furnish to the transferee a report covering matters of record with the Town in regard to that property, in order to flag the property and make buyers aware of any prospective problems, such as land use restrictions and the like. Following discussion, the following motion was adopted: MOTION, SECONDED AND CARRIED: Councilman Grabowski moved, seconded by Councilman Miller and carried unanimously, that discussion of the proposed ordinance regarding property reports be tabled. E. ORDINANCES FOR INTRODUCTION: 1. Ordinance No. amending Title 2, Chapter I, Art. I, relating to meetings -7- E Of the City Council. (Per request of Councilman Grabowski). `r Mayor Helgesson announced that the ordinance had been removed from the Agenda by the sponsor for clarification of intent. F. STAFF REPORTS: I. Motion denying claim of Herbert M. Green and Mary Elizabeth Green for Damages to Land in the amount of $320,000. MOTION, SECONDED AND CARRIED: Councilman Grabowski moved, seconded by Councilman Miller and carried unanimously to deny the claim of Herbert M. Green and Mary Elizabeth Green. 2. The City Manager announced that Mrs. Artemas Ginzton will be attending a conference in Boston in May, sponsored by the U.S. Department of Transpor- tation on Bicycles, USA, and covering various aspects of bicycle safety, bicycle traffic and other matters of Interest to bicycle riders. Although Mrs. Ginzton will be attending the conference at her own expense, the City Manager Indicated that she would be glad to attend as the Town's represent- ative. It was the consensus of Council that Mrs. Ginzton be designated as the Town's official representative at the Conference. G. ADDITIONAL BUSINESS By COUNCILMEN: far I. Councilman Grabowski stated his concern regarding the rapidly -disappearing road and traffic signs within the Town, urging that the City Council and Town staff stay on top of the situation, replacing road, traffic and advisory signs in a manner to reduce or prevent theft. The City Manager indicated that now that the Building Inspector is functioning continuously out in the field, he is making an inventory of missing signs and will commence a program of replacement on a weekly basis. 2. Councilman Grabowski inquired whether it would be possible for the Council to receive agendas of the Planning Policy Committee so that the Council might have an opportunity to express Its views to its representatives to the PPC concerning forthcoming resolutions to be considered by that body. The City Manager stated that the Town receives 3 copies of PPC agendas, but no copies of actual resolutions or other backup material is mailed by the PPC prior to its meetings. H. PRESENTATIONS FROM THE FLOOR: I. Further to Councilman Grabowski's statements concerning missing road signs, Mrs. Judith Carico suggested that the next Town Newsletter include a strong statement to parents in the community, urging them to discourage sign removals and thefts on the part of their youngsters. 2. Mrs. Velma Million, Chairwoman of the East Valley Regional Park Committee, t addressed the Council requesting that Council support the efforts of her fir" comm lttee to acquire and develop the Lake Cunningham Park Project, which would be located east of the Capital Expressway between Quimby and Cunningham Avenues In San Jose, specifically by communicating such support to the Santa Clara County Board of Supervisors so that this project might be included In the Countyts scheduled expenditures for County parks. It was the consensus of Council that Council members may wish to write the Board of Supervisors for Santa Clara County as individuals regarding the Park Cunningham project. 3. Mr. Gerald Heitel, Mr. Fred Hoecke, Mrs. Fred Hoecke, Mrs. Romayne F. Whitmer and Mr. Allan Simmons, Inquired concerning the status of Summit - wood Road, stating that most people were under the impression that it was a private road when they purchased there. With heavily increased traffic on the road, a gate was erected to prevent use by any other than residents on Summitwood Road and La Loma Court. A suit is being contemplated by former non-resident users of the road, who state that the road is public. The City Attorney stated that, based on all Information available, Summit - wood is a private road. 4. Mr. A. M. Laws inquired whether the Town had a sphere of influence matter coming up before the Local Agency Formation Commission this month. The City Attorney and City Manager stated that the matter had been agendaed fir for that day and had been continued for 30 days so that it will be heard again 30 days hence. I. EXECUTIVE SESSION MOTION, SECONDED AND CARRIED: Councilman Davey moved, seconded by Councilman Miller and carried unanimously that Mrs. Pearl Croy be designated as City Treasurer of Los Altos Hills. J. ADJOURNMENT: GD Respectfully submitted, Karen R. Halvorsen Deputy City Clerk