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HomeMy WebLinkAbout04/29/1974`r TOWN OF LOS ALTOS HILLS CITY COUNCIL MINUTES OF A REGULAR MEETING April 29, 1974 Reel 62, Side 2, Tr. 1 - 356 -End Side 1, Tr. 2 - 000-300 Mayor Pro Tem Leslie A. Helgesson called the meeting of the City Council of Los Altos Hills to order at 7:45 PM in the Council Chambers of Town Hall, 26379 Fremont Road: A. ROLL CALL: Present: Councilmen Cheney, McReynolds, Councilwoman Miller, Councilman Helgesson. Absent: Mayor Grabowski - excused. Staff: City Manager Bruce Lawson, City Attorney Frank Giliio, City Engineer Alex Russell, Buildina Official Richard Wolfinger, Planhing Consultant Tom Vlasic, Commissioner Perkins of the Planning Commission, Deputy City Clerk Norma Hislop B. CONSENT CALENDAR: At the request of Councilnan Cheney, Items 2 and 4 b) were removed from the CONSENT CALENDAR for separate consideration. MOTION SECONDED AND CARRIED: Councilman Cheney moved, seconded by Councilwoman Miller and unanimously carried to adopt the remaining items on the CONSENT CALENDAR, namely: 1. Approval of Minutes: April 17, 1974 (Regular fleeting) 3. Motions for Adoption: a) Motion confirming appointment of Mrs. Theodora Schick as Planning Commissioner, term commencing May 8, 1974 and expiring June 30, 1973. b) Motion confirming re -appointment request from Planning Commissioner Donald Spencer for term commencing May 5, 1974 and expiring June 30, 1978. 4. Resolutions for Adoption: a) Resolution #770 repealing Resolution #758 setting May 1, 1974 as date of Public Hearingto determine whether Public Necessity, Health, Safety or Welfare requires the formation of an Underground District on %W Fremont Road between St. Francis Road and A.ric Lane, and rescheduling hearing for 6/19/74. CITY COUNCIL MINUTES - April 29, 1974 5. Action of Planning Commission: a) Approved Variance Request of T. Coster as recommended by Staff. ITEMS RETIOVED FROM CONSENT CALENDAR FOR SEPARATE CONSIDERATION: 2. Approval of Warrants: $8,560.22 4. b) Resolution #711 authorizing acquisition of property (Elena Road improvement project - Gas Tax Project #,2.5). Councilman Cheney questioned City Manager regarding several warrants. He then questioned Mr. Lawson regarding the value of the property to be acquired for the road improvements along Elena Road. Mr. Lawson explained that the Price was based on the fair market value of $.50 per square foot. MOTION SECONDED AND CARRIED: Councilwoman Miller moved, seconded by Councilman McReynolds and unanimously carried to adopt the items removed from the CONSENT CALENDAR as stated above. C. PRESENTATIONS FROM THE FLOOR: 1. Mrs. Florence Fava, Town Historian: Reported to Council on meeting held April 25, 1974 at Foothill College regarding the Villard M. Griffin home. She expressed disappointment that no representative from the Town beside herself and two members of the Historical Society attended the meeting. She said the College claims that renovating the house would cost approximately $250,000, and the college officials asked Mrs. Fava if the Town would be willing to help pay for this restoration, and to what extent. The College is waiting for Mrs. Fava to submit her report to Council before action is taken. Since no time frame was given by the College, this matter was agendad to the next meeting for further discussion because it involved the expenditure of Town money. Mrs. Fava also spoke against any move by Town to put a Corporation Yard on the Property at Fremont and Edith, and she understcdd this property was to be kept in open space. 2. Mr. Donald Spencer, Sherlock Court: Commented on inaccuracy of rainfall reports of the Town in the newspapers. Councilman Helgesson suggested that Staff have the gauge at Town Hall checked. `. 3. Mrs. T. Schick, Heston Road: Questioned why newspapers did not report change in meeting dates of Council. Mr. Lawson responded that an article did appear in the Palo Alto Times -2- CITY COUNCIL MINUTES - April 29, 1974 regarding the proposed building moratorium, and that the time of the public hearing was stated therein. Mr. Lawrence Dawson, Page Mill Road, asked what notice had been given to the papers in this regard. Mr. Lawson responded that he had talked with the reporter who covered Council Meetings via telephone. It was later pointed out that the Town Crier had also run an article on the public hearing, and the date had also been stated. 4. Mrs. Natalie Gieseler: Brought up the idea of the Town having a picnic on May 18th after the Pet Parade in Los Altos, in which many of the residents participated. She said the Duvenek's had given their consent for the use of their property for such a picnic, and thought it would be nice to have a live Dixieland band. She said one could be obtained for $125.00 and asked Council for the mo(ne�to hire the band. Mr. LaShelle, Vice President of Land Resources, offered to give Mrs. GieseleCouncilrthe votedmunanimouslyhtohhe contribute the $125.00fter furtherfor expenses foruasion, ` band for a Town picnic. D. CURRENT BUSINESS: 1. Appeal by Iona Consultants for rgcon5w r*LI ����. .,_. __ —Fri__ -«�«sem romm ec nn denied Tentatye Mr. Hetael, representing Iona Consultants, requested that Council postpone this discussion until after the Public Hearing scheduled for this evening. 2. Mr. Lawson stated that the Sub -Committee on the Adobe Creek Lodge Study was requesting this money since there was not enough money in the Special Studies Account of the Planning Division budget to cover additional fees for Consultant assistance to supply the Committee with information needed. At the request of Councilman Helgesson, Commissioner Perkins, representing the Planning Commission and the Committee, explained that in early March the Commission had made the decision to try to provide the necessary in- formation to proceed with the study on Adobe Creek Lodge, and therefore needed the additional funds requested. Discussion ensued regarding the type of information needed and if it were not already available in the Town's files. -3- CITY COUNCIL MINUTES - April 29, 1974 Councilman Helqesson then commented that some of the information requested by the Study Committee would be available in the files, but he thought the $300.00 requested should be available should the Committee need it to complete their work, and he so moved. Councilman McReynolds seconded the nation, which was approved by the following roll call vote: AYE: Councilman Cheney, McReynolds, Helgesson NO: Councilwoman Miller ABSENT: Mayor Grabowski Councilwoman Miller commented that she would not vote for this allocation unless she knew exactly who would get the money, and she felt that the information was already available in the files. She also suggested the Town determine exactly who had the Planning responsibility in the Town. 3. Re uest b Hr. B. Piarcus for assistance in resolving drain a problem at ntersect on D nacapa an scens on: This matter will be aqendad to next meeting so that Mr. Marcus can be present. E. ADDITIONAL BUSINESS BY COUNCILMEM: tv 1. Councilwoman Miller: Noted that it was brought to her attention that since the speed limit had been reduced to 55 mph, trucks were not using IS280, but Bayshore Freeway, and, as a result, had reduced the noise problem considerably. She asked that the Town consider appealing for a permanent 55 mph limit throuqh a Resolution to the State Leqislature. Discussion followed, and the City Attorney was directed to research the matter further, and prepare a draft Resolution for Council's consideration. F. ORDINANCES FOR ADOPTION: City Manager Bruce Lawson stated that this Ordinance was drawn up by the City Attorney at the request of Council, and was agendad from the last meetinq so that the public could be given notice of Council's intent. City Attorney Frank Gillio informed Council that because Los Altos Hills was a General Law City, Section 65858 of the Government Code provided that Council, in order to protect the health, safety and welfare of the public, ` may impose such an Urgency Ordinance, but by a 4/5ths vote. Mr. Gillio -4- CITY COUNCIL MINUTES - April 29, 1974 then gave a summary of the proposed ordinance, stating that any use proposed could not be undertaken until a land use permit was obtained from the Town, and it prohibits the issuance of a building permit until such a land use permit is granted. Councilman Helgesson commented that this Ordinance had come before Council without going through the Planning Commission, and he asked Commissioner Perkins if he had any comments he wished to make concerning the Ordinance. Commissioner Perkins commented on the Commission's reaction, which he said, covered a broad spectrum: some thought the Commission should have seen the Ordinance before Council, others thought a moratorium would give the Commission a chance to catch up with the work before them. They all felt, however, that they would like more information on the Ordinance. Commissioner Perkins also commented that if adopted, the Town should proceed in its purpose with well defined aggressive action. Planning Consultant Tom Vlasic was asked his thoughts on the Ordinance, and he responded by stating that his firm, 14m. Spangle and Associates, had questioned the clarity of the wording, but had talked with the City Attorney and he had responded to their questions. He also commented that the Planning Commission was totally in favor of the concept of bringing the Ordinances pertaining to the subdivision of land in line with the goals of the Town's General Plan. Councilman Cheney directed question to the City Attorney regarding the Ordinance involving land already subdivided,: who replied that the Town could not provide for a moratorium on subdivisions, but rather, on un- improved real property. Mr. Gillio attempted to clarify the provisions of the State Code in this regard for Council who asked specific questions pertaining to the land use permit, the effect on single family residences, and other possible alternatives to a moratorium on all building. He informed Council that exceptions could be written into the Ordinances through classifications, but wondered if the purpose of the Ordinance would then be achieved. Councilwoman Miller stated that she wanted to go on record that the Town was not attempting to penalize subdivisions such as Land Resources and Bahl Homes, nor purge or cause hardships to individual homeowners. She felt the moratorium had been blown out of proportion to its original intent. In response to questions by Councilman Helgesson, Mr. Gillio stated that classifications could be added to the Ordinance, so long as everyone in that classification were treated equally. He said that lands already subdivided, but where building had not yet begun could be a separate classification. `, After further discussion, the matter was opened for discussion tq' the public. -5- CITY COUNCIL MINUTES - April 29, 1974 Speaking from the Floor: fir. and Mrs. Dave Scanlon Es eranza Drive: Stated they purchased a lot on Ju retta ane and said t e lot was bought in good faith that it was a site approved by the Town. They said that utilities, roads, sewers, etc. that had been installed could be considered one type of improvement. Mr. Anthon Saladin, Los Altos: Individual property owner concerned that e would not e a e to proceed with building plans which had been drawn up.pp�� Mr. ���(iiitt Shelle, Vice PresidentLand Resources Inc.: Read tetter from is rm an rastro Limited recte to punt expressing the Company's concern for the moratorium. Mr. Peter Hunt> Attorne representing Deer Park Acres Subdivision: Can- cernover nanc a ars ps, an t a t.e su v son no know where to go from this point, and that the proposed Ordinance did not tell them. Mr. Allen Lambert Los Altos Hills: Stated he represented many people in t e au ence an expresse e r concern over hardships that would result from a building moratorium. Mr. Jack Hershe 675 Derr Ave., Los Altos: Speaking on behalf of several c ents w o wou su er nanc a ars ps as a result of moratorium. Mr. Gerald Ferrari t 25300 Altamont Road: Spoke regarding the final map on s su d visron at naG Dean filed that day. Mr. gill Stoddard Los Altos Hills: Speaking for Mrs. D. Hayward, stating V_ t e r tentat ve map was on record and that Mrs. Hayward was anxious to proceed with their plans. Mr. David Jansen 27440 Sherlock Road: Spoke regarding previous studies of his nature y t e own, and Salo Lilac the only thing required if such an Ordinance were adopted would be honesty and fairness on the part of the Town. Mr. Ray MurDhy. represent in Deer Park Acres: Concerning procedures required under propose Ordinance an a requirements of the State for tentative map approval. Stated the Town always had the prerogative of rejecting proposed maps. Mr. Peter Ilallace, 27975 Via Ventana: Stated that as a resident of the Town, Fe wou urge t e ou6c,l to vu"bluer the further use of lands within it very carefully. Mr. John Clegq> 2443 Ash Street Palo Alto: Spoke on behalf of Mrs. Fowler ` an regar ng categorTis a Count m9 t consider exempt in such an Ordinance. Discussion was then returned to Council. -6- CITY COUNCIL MINUTES - April 29, 1974 ` Councilman Helqesson said that from the comments from the Council, it did not appear that the Ordinance, as drawn up, did what it was intended. He suggested that the Ordinance be referred to the Planninq Commission to have them more clearly define what is wanted in the Town in terms of rural living, and what types of houses are wanted in the Town. Council- man McReynolds commented that he saw a lot of developers and subdividers In the audience, but few people representing the Townspeople themselves. He spoke about problems the Town was now faced with as a result of poorly planned subdivided property. He stated that the presentations this evening were one-sided. Councilwoman Miller agreed with Councilman McReynolds, and discussion ensued between Council members and Commissioner Perkins regarding workload of the Commission, and his comment regarding aggressive action. Both Commissioner Perkins and Commissioner Spencer were asked if the Commission might be aqreeable to studying the proposed Ordinance and reporting back to Council with their recommendations. Councilman Cheney made such a motion, but it failed to get the majority vote. Councilman McReynolds expressed concern over the matter being aqendad, and feared that any delay would disrupt the orderly processing of requests for land development. The consensus of Council was that they were not prepared to support the Ordinance as it stands. The suggestion was then made for a Study Session between Staff, Council, and Commission to more specifically spell out the requirements of the proposed Ordinance. Commissioner Perkins commented that it was important for the Commission to review the subdivision ordinance to bring it up to date and in line with the goals of the General Plan. MOTION SECONDED AHD CARRIED: Councilman Cheney moved, seconded by Councilman Helgesson and unanimously carried that the proposed Ordinance he rejected. MOTION SECOMDED AND CARRIED: Councilman Cheney moved that the Planning Commission be directed to look at the existing ordinances with the objective of improving them to be consistent with the goals of the General Plan, and that the Commission cane back with a report to Council on the costs of this under- taking. Councilman McReynolds seconded the motion, and it, passed by the following roll call vote: AYE: Councilmen Cheney, McReynolds, Helgesson MIO: None ABSTAIN: Councilwoman Hiller ABSENT: Mayor Grabowski G. STAFF REPORTS: Because of the lateness of the hour, Mr. Hetzell, representing Iona Con- sultants, requested that their appeal be agendad to next meeting. 4W -7- CITY COUNCIL MINUTES - April 29, 1974 1. City Manager: a) Reported that the State had completed their preliminary study on noise and that he would be attending a meeting in San Francisco on Tuesday, May 7th to learn of their findings. Councilwoman Miller asked if she might attend the meeting, and Council also requested that Dr. Marjorie Evans be alerted to this matter. b) Reported that the engineering work on the drainage problems of Barron Creek would soon begin, and that Paul Nowack would be doing the work. c) Stated that a report from the Pathway Committee had been forwarded to Council regarding pathways along Rhus Ridge Road. Council suggested this matter be agendad for next meeting. d) Brought to Council's attention the new Federal law requiring that overtime be paid to employees (except Management), instead of com- pensatory time off, as had been done previously. e) Letter Council received from Mrs. Shirley Smith regarding the Adobe Creek Lodge property was agendad for discussion at next meeting. f) Informed Council of letter of resignation from the Pathway Committee by Mrs. Millie Saviano. 2. City Engineer: a) Addressed Council concerning letter received from Mr. Duncan Curry, President of the St. Nicholas School Board, and his request that School Crossing signs be placed along E1 Monte, and asked Council's direction. Councilman Cheney felt this matter should be directed to the Traffic and Public Safety Committee for their recommendations. Council agreed. ITEMS NOT AGEHOAD: Mrs. Mildred Gallo asked of status of chairs for the Council chambers. Mr. Lawson responded that because of Budget preparations, he did not actively pursue the matter, but would get to it this week. H. ADJOURNFIENT: The meeting adjourned at 12:15 PM to the next Regular Council meeting on Wednesday, May 15, 1974 at 7:45 PM. Respectfully submitted, Norma .1. Hislop Deputy City Clerk SD