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HomeMy WebLinkAbout01/02/1980CITY COUNCIL TOWN OF LOS ALTOS HILLS 26379 Fremont Road Los Altos Hills, California MINUTES OF A REGULAR MEETING Wednesday, January 2, 1980 Reel 122, Tr. 1, Side 1, 001 to 599 Mayor Thomas McReynolds called the Regular Meeting of the City Council to order at 7:35 p.m. in the Council Chambers of the Town Hall. A. ROLL CALL AND PLEDGE OF ALLEGIANCE: Present: Mayor McReynolds, Councilmembers Perkins, Hillestad, Nystrom, Proft Absent: None Staff: City Manager Robert Crowe, City Attorney Frank Gillio, City Engineer/ Planner John Carlson, Planning Commission Representative Joseph Dochnahl, Secretary Ethel Hopkins Press: Florence Pallakoff, Los Altos Town Crier B. CONSENT CALENDAR: The following items were removed from the Consent Calendar: 1. Item B.1, the Minutes of December 5 were removed by Planning Commission Representative Dochnahl for amendment. 2. Item B.3.(a), LANDS OF BJORKLUND, File #VAR. 7064-79, was removed by Councilman Perkins for separate consideration. 3. Item B.4.(f), Resolution # accepting improvements for Duval Way, Parcel Map 418 M 53, LANDS of DUVAL, was removed to be continued to the meeting of January 16, as requested by the City Engineer Mr. Carlson. MOTION SECONDED AND APPROVED BY UNANIMOUS ROLL CALL VOTE: On the motion of Councilwoman Hillestad, seconded by Councilman Perkins, the remainder of the Consent Calendar was approved, namely: B.2. Approval of Warrants: $50,080.48 B.4. Resolutions for Adoption: (a) Resolution #1252 accepting improvements on Ursula Lane, Tract 5469, LANDS OF SPECTOR (b) Resolution 01253 relative to California Crime !latch (c) Resolution #1254 approving and authorizing execution of Agreement for performance of services as City Attorney (d) Resolution #1255 relative to calling for General Municipal Election and requesting services of County Registrar of Voters (e) Resolution #1256 adopting a policy concerning Landscaping Requirements for Site Development and Subdivision B.5. Time Extension - Street Improvements for San Antonio Rancho, Unites #l, 2 and 3, Tract #6314, #6461, and #6462 CITY COUNCIL MINUTES - January 2, 1980 Page two 4^ B. CONSENT CALENDAR: (continued) Councilwoman Hillestad requested that a letter from Attorney General George Deuk- meijian dated December 17, 1979, and Resolution #1253 on California Crime Watch, be published in the Town's Newsletter with the caption: The Attorney General made some suggestions on crime watch in the community. Resolution #1253 supporting this effort was adopted by the City Council at its January 2nd meeting. 1.1. Ap roval of Minutes: December 5, 1979: Commissioner Dochnahl requested that t e December 5 Minutes be amended to include his hame as Plannina Commission Representative (to be listed under Item A of the Minutes, "Staff", page one). MOTION SECONDED AND APPROVED BY UNANIMOUS ROLL CALL VOTE: On the motion of Councilwoman Hillestad, seconded by Councilman Nystrom, the Minutes of December 5 were approved as amended. B.3.(a) LANDS OF BJORKLUND, File #VAR. 7064-79: Councilman Perkins noted the need to c anae the wording for Item 1 of the six reasons for the granting of a variance for the above request. He noted that it would appear from the record that the house had been built in compliance with setback require- ments. It was only after the purchase of the property that the new owner discovered he would need a variance in order to add a second floor to the home. City Attorney Frank Gillio suggested appropriate wording for Item 1, and the wording was incorporated into the following motion of approval: `, MOTION SECONDED AND PASSED BY UNANIMOUS ROLL CALL VOTE: On the motion of Councilman Perkins, seconded by Councilman Nystrom, the variance for the Lands of Bjorklund, File #VAR. 7064-79, was approved, subject to the following wording for Item 1 of the six criteria for variance: The literal enforcement of the provisions of the Los Altos Hills Municipal Code would result in practical difficulties, and the strict application of the provisions of the Municipal Code would deprive the property owners of the right to develop their property because the present owners, who recently purchased the property, are innocent purchasers for value who were not informed of the prior existing non-conformance extending back eighteen years. B.4.(f) Resolution # accepting improvements on Duval Way, Parcel Map 418 M 53, LANDS OF DUVAL: MOTION SECONDED AND PASSED UNANIMOUSLY: On the motion of Councilman Perkins, seconded by Councilman Proft, the Lands of Duval Resolution accepting improvements was continued because of erosion problems on road improvements. C. SPECIAL REPORTS: 1. Reports of Standing Committees: (a) Traffic and Public Safety - Burke and Old Altos Roads: Barbara Gordon, Chairman of the Traffic and Public Safety Committee discussed her request to Councilmembers outlined in her December 12th letter. She brought to the Council's attention that the traffic signs requested by TKJM were not in place; that there is no "Do Not Enter" sign; there is an arrow showing ( one-way going on Fremont; there is no "gore warning" sign; there is a right- `— hand arrow on the road, but not right hand turn sign; and that the curb of the medium is not painted white and there is no safety light. She requested that that the problems cited be corrected by return of the intersection to two way traffic as suggested by the TJKM report and as noted in her report. Also CITY COUNCIL MINUTES - January 2, 1980 Page three C. SPECIAL REPORTS: (continued) 1. Reports of Standing Committees: (continued) (a) Traffic and Public Safet -Burke and Old Altos Roads: (continued) mentione was t e need to narrow an re -stripe the entry way onto Burke Road. Mrs. Gordon said that lighting was not needed, as this was not in keeping with Town policy. A short discussion on what needed to be done, plus the estimated costs that might be incurred resulted in the decision that the City Manager and the Town crew could best accomplish the work. MOTION SECONDED AND UNANIMOUSLY APPROVED BY ROLL CALL VOTE: It was moved by Councilwoman Hillestad and seconded by Councilman Nystrom to authorize the City Manager to correct the intersection. Mrs. Gordon also polled City Council interest in seeing a movie on Bike Ways, and it was agreed that at 7:00 p.m., before the beginning of the Council meeting on January 16th, the movie would be shown for the Council. 2. Reports of Ad Hoc Committees: (a) Be ortof Tennis Court Control Subcommittee: Discussion on this matter cen- tered on questionsmayor McReynolds had on who was presenting the report, who was on the committee compiling the report, and the fact that the Planning Commission had not seen the report. City Mananer Crowe stated that the Chairman of the Subcommittee, Commissioner Rydell, had been called out of Town before the Council meeting. MOTION SECONDED AND PASSED BY UNANIMOUS ROLL CALL VOTE: It was moved by Mayor McReynolds and seconded by Councilwoman Hillestad to send the Tennis Court Policy Review Committee Report back to the Planning Commission for their review and endorsement. 3. Reports from the Planning Commission: Commissioner Dochnahl, notinq that the Planning Commission had already formulated some conclusions about a request from the City Council that they provide guidelines for storm drainage and qrading within the Town, asked for more specific comment from the Council on their request. Councilman Perkins outlined the problem by stating that the General Plan em- phasized the point that storm drainage should be carried in natural drainage swales. The problem was that as the Town developed and the amount of impervious surface increased, a greater load was being placed on the natural drainage channels and they are not able to handle this load. He cited the case of Summitwood Road where natural drainage channels had been used to an excess, and the cost to the Town to correct the situation had come to between twenty and fifty thousand dollars. He noted that some attempt to deal with the problem had been made in the sixties when the Storm Drainage Fund was established, but that more efforts must be made at this time to prevent an excessive amount of money being needed at some future L _ time when a crisis arises. Councilman Perkins suggested that the Planning #4r'- Commission consider requiring conservation easements for any swale areas in new subdivisions. The Town could then deal with these conservation easements to provide drainage channels in keeping with a rural atmosphere so that as the property is developed, excess runoff will no into drainage channels prepared to `' la CITY COUNCIL MINUTES - January 2, 1980 Pape four C. SPECIAL REPORTS: (continued) 3. Re ortsfrom the Planninq Commission: (continued) receive it. He stated that. the City Council should be prepared to provide funds for engineerino studies if needed, but emphasized that the Town did not want its drainage channeled in concrete -lined drainaqe channels. Councilman Perkins cited the McCandless Enqineerinq Firms report which attempted in 1968 to define solutions to the Town's drainage problem at the cost of some five million dollars (1968 prices). He proposed that the Commission examine this report and then attempt to solve the drainage problem not with the pipes suggested, but with drainage channels, and that in doing this the Commission consider the trade-offs and costs of the alternative proposals. Commissioner Dochnahl noted that the Planning Commission had tried to deal with drainage on some subdivisions (Lands of Horton, etc.), and that Site Development considered planning for drainage when the individual lot was developed. He noted that the Town Engineer had worked very hard on this and should be commended for his efforts. It was proposed that drainage requirements be formulated into some kind of working document to be given to subdividers before they submit plans for a subdivision, and Commissioner Dochnahl asked for guidelines on how this might be developed. Mayor McReynolds suggested that the Town may consider requiring a drainage plan map at the Tentative Map stage. He emphasized the need for the Commission to consider the questions "How do we solve the problem of drainage on a continuing basis, and how do we solve the problem from the past?" Discussion was concluded with Mayor McReynolds pointing out that as definitions were developed to define pathway types and ways to develop them, so this method might be used to define drainage and grading problems. Noting the variety of drainage problems, he suggested that the Town require the needed soils and geo- logical studies from the subdivider, then propose channels or standard policy to deal with drainage or grading problems, and assion responsibility for the installation of improvements, all in a priority list order. 4. Reports from the Floor: There were no reports from the Floor. STAFF REPORTS, CORRESPONDENCE, AND ANNOUNCEMENTS: 1. City Manager: No report was given by the City Manager. (a) Bond Counsel for Non -Profit Corporation: City Attorney Gillio informed the City Council of the need to decide on a firm that would be a bond counsel for the non-profit corporation to purchase Adobe Creek Lodge, noting that the non-profit corporation must be formed by January 18 under the terms of the agreement. The merits and contract terms of three firms were dis- cussed, as well of options for terminating the contract terms if it develops that the Town decides against acquiring the .Adobe Creek property. Also discussed was the progress of a plan for the running of the club being formulated by a nucleus of former club members, how bonding for the club would be achieved, the purchase price of the land and what improvements might be needed. Larry Giller, Vinedo Lane, asked if the City Attorney could assure the Town whet er t e bond counsel will protect the Town against risks involved in this transaction or in the future. Mayor McReynolds responded to this question with the answer "no" CITY COUNCIL MINUTES - January 2, 1980 Page five 4W D. STAFF REPORTS, CORRESPONDENCE, AND ANNOUNCEMENTS: (continued) (a) Bond Counsel for Non -Profit Corporation: (continued) MOTION SECONDED AND PASSED UNANIMOUSLY: It was moved by Councilman Nystrom and seconded by Councilman Perkins to retain the firm of Rutan and Tucker and to adopt Resolution #1257 to retain them and to enter into the agreement with the Town. (A roll call vote was taken on the passage of this motion.) A note of clarification was added that the above motion was authorization to proceed with the non-profit corporation. The City Attorney assured the Council that if, after forming the corporation, they decide that the project is not feasible they can walk away from it. Thereafter, the Mayor asked the City Attorney to get an estimate of the cost for the incorporation. (b) Report on Lands of Lull request: (continued from December 5, 1979) After a short discussion on the procedure that would be followed on the above, the City Council reviewed the Landscape Plan for Noise Abatement planting provided by the subdivider. MOTION PASSED BY UNANIMOUS CONSENT: On the motion of Councilwoman Hillestad, the Lands of Lull request was referred to the Noise Abatement Committee and Planning Commission as per the Minutes of December 5. At 8:50 p.m. there was a short recess. The meeting resumed at 9:05 p.m. C E. SPECIAL ORDERS: 1. Ordinance #259 amending the Subdivision Chapter of the Los Altos Hills Municipal Code: (First Reading) MOTION SECONDED AND PASSED BY UNANIMOUS ROLL CALL VOTE: On the motion of Councilwoman Hillestad, seconded by Councilman Nystrom, further reading of the ordinance was waived. MOTION SECONDED AND PASSED BY UNANIMOUS ROLL CALL VOTE: It was moved by Council- man Perkins and seconded by Councilman Nystrom to introduce Ordinance #259, but to amend page two of the ordinance (Section 4, page two)by changing the line to read ........ hereby if further amended by amending the fourth sentence of sub- paragraph..." (the rest remains as written). In discussion on the ordinance, Councilman Perkins noted that the amendment to the ordinance still leaves paragraph seven hanging on the interpretation of the applicant as to how he meets the intent of the paragraph, and the intent of Section 9-4.102 is basically vague. He added that paragraph seven, with "sub- stantially removed makes it very clear that less than one lot unit parcels will be looked at very critically and will not be allowed unless ..and he noted that you must read the last sentence of the paragraph. He pointed out that the amendment as stated provides that the subdivider will not have the one additional lot unit (in terms of slope density) unless he can demonstrate "something". He pointed that "something" means that the subdivider has complied with Section 9-4.102 or the first sentence of that ordinance, but questioned that 'how you do it' is the vague part. - City Attorney Gillio was requested to draw up a policy statement or instruction on how to administer Sections 9-4.604(b)(7) and Section 9-4.102 as covered by discussion at the Council meeting and in talks with Councilman Perkins. He agreed to do this. A vote was taken on the motion, and it was passed by a unanimous roll call vote. CITY COUNCIL MINUTES - January 2, 1980 Page six 446, 6r E. SPECIAL ORDERS: (continued) 2. Ordinance #260 amending Chapter 3 entitled "Site Development" of Title 9 of Los Altos Hills Municipal Code. (First Reading) The City Attorney noted that the above ordinance defined the Site Development Committee, provided that property owners within three hundred feet of the site be notified by mail, and provided that reports be sent to the Planning Commission when matters are appealed. MOTION SECONDED AND PASSED BY UNANIMOUS ROLL CALL VOTE: On the motion of Councilman Nystrom, seconded by Councilman Perkins further reading of the ordinance was waived. MOTION SECONDED AND PASSED BY UNANIMOUS ROLL CALL VOTE: Councilman Perkins moved, seconded by Councilman Proft, to introduce Ordinance #260 amending Chapter 3 entitled "Site Development". F. NEW. BUSINESS: 1. Resolution(draft)supporting the Inter -City Council recommendations on an action -oriented subcommittee to analyze the Industry and Housing Management Task Force Report and to make recommendations on it: Councilwoman Hillestad briefed the Council on the backaround of a request to endorse the above resolution, noting that the resolution nave impetus to a city -supported effort to deal with the problem of "living within our limits" rather than a solution dictated by another governmental agency given power over land use in the area. Discussion among Councilmembers centered on "!ayor McReynolds' objections to the Industry and Housing Management Task Force Report, specifically that he questions the validity of the report and the conclusions drawn, He felt that the first paragraph of the "Now therefore" of the resolution should end with the subcommittee's analyzing of the Industry and Housing Management Task Force. He felt that the ICC should address the problems that are between cities. He questioned how effectively ICC could address housing and jobs problems. MOTION SECONDED AND PASSED BY UNANIMOUS ROLL CALL VOTE: It was moved by Councilman Perkins and seconded by Councilwomen Hillestad to adopt the draft resolution and to recommend that Mayor McReynolds be at the next ICC meeting where this matter will be discussed. 2. Review of Salaries: Councilman Perkins requested that a review of salaries be placed on tie agenda for the January 16th meeting under an executive session. 3. Letter from Alan Lambert: Mayor McReynolds suggested that he, the City Manager, and the City Attorney meet with Mr. Lambert re his request, and that they report back to the City Council on the meeting. 4. Pending Items for the City Council: Councilman Perkins said that he would make a list of business items still pending and would give it to the City Manager. 5. Claim of William G. Carey: The City Attorney addressed the request, and recommen- ded that the Council reject the claim for an accident which took place not on Town property, but on the property of Foothill College. MOTION SECONDED AND PASSED BY UNANIMOUS ROLL CALL VOTE: On the motion of Councilman Nystrom, seconded by Councilman Proft, the claim of William G. Carey CITY COUNCIL MINUTES - January 2, 1980 Page seven v F. NEW BUSINESS: (continued) 5. Claim of William G. Carey: (continued) was rejected, and its insufficiency pointed out in that the accident occurred on the property of Foothill College rather than on Town property. G. ADJOURNMENT: There being no further business to discuss, the meeting was adjourned on the motion of Councilwoman Hillestad and the unanimous approval of all Council - members. Adjournment occurred at 9:40 p.m. Respectfully submitted, Ethel Hopkins Secretary r49 L 46