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Home My WebLink About02/07/1979CITY COUNCIL TOWN OF LOS ALTOS HILLS 26379 Fremont Road Los Altos Hills, California MINUTES OF A REGULAR MEETING Wednesday, February 7, 1979 cc: Reel 116, Side I, Tr. I, 265 -End; Side II, Tr. I, 001-413 Mayor Lucile Hillestad called the Regular Meeting of the City Council to order at 7:41 p.m. in the Council Chambers of Town Hall. A. ROLL CALL & PLEDGE OF ALLEGIANCE: Present: Mayor Hillestad, Councilmembers McReynolds, Nystrom, Perkins and Proft. Absent: None. Staff: City Manager Robert Crowe, City Attorney Frank Gillio, City Engineer John Carlson, Commissioner Michael Stewart for the Planning Commission and Deputy City Clerk Susan Buttler. B. CONSENT CALENDAR: Mr. Maurer, Fremont Road, requested removal of Item B. 5 f) for separate consideration. Mrs. Gottlieb, Chairman/Pathway Committee, requested removal of Item B. 5 d) for separate consideration. Mayor Hillestad removed Item B. 5 e) and Councilman Proft removed Item B. 4. MOTION SECONDED AND CARRIED: Moved by Councilman Nystrom, seconded by Councilman Perkins and carried unanimously to approve the balance of the Consent Calendar, specifically: 1. Approval of Minutes: January 15, 17 & 29, 1979. 2. Approval of Warrants: $46,714.93. 3. Motions for Adoption: Motion setting February 21, 1979 as the Public Hearing date for the following Tentative Map applications: a) LANDS OF STEERS, File TM #2087-78, 2 Lots. b) LANDS OF DAWSON, File TM #2094-78, 15 Lots. c) LANDS OF BOSTON, File TM #2090-78, 2 Lot. 5. Proclamations & Resolutions for Adoption: a) Proclamation for "National Engineers Week". b) Proclamation for February as "Heart Month". c) Proclamation for March as "Red Cross Month". 6. Time extension requests: a) Request for 6 month extension for Final Parcel Map filing, LANDS OF ANDERSON, File TM #2052-77, granted to October 19, 1979. b) Request for 18 month extension for Final Map filing, LANDS OF BLEDSOE, File TM #2070-77, granted to August 1, 1980. CITY COUNCIL MINUTES - February 7, 1979 B. CONSENT CALENDAR: (Continued) 5. f) Resolution #_ amending Resolution #1178, Underground Utility District No. 3. 4W Mr. Maurer, Fremont Road, spoke to Item B. 5 f), requesting Council consider leaving the utility pole in front of his home standing because of exhorbitant expense and the rural flavor it provided visually. Mr. Alexander, P.G.&E. Representative, advised of the funds available and their decision to leave this particular pole standing, as well as others, thus extending the proposed undergrounding only fifty feet deep on each side of Fremont Road. Councilmembers discussed the benefits versus expenses of undergrounding utilities within the Town, the rendering unnecessary of the proposed amendment before them due to P.G.&E.'s decision on limiting the width of the district, the fact that this undergrounding would finally result in only one less pole and procedures to follow in order to act only upon the original proposal. MOTION SECONDED AND CARRIED: Moved by Councilman Perkins, seconded by Councilman Nystrom and carried unanimously to reject the amending Resolution before them and re -set the Public Hearing to March 7, 1979 for the proposed Underground Utility District, stressing that a minimum number of new poles be installed. 4. a) LANDS OF MA, File BSA #6104-77. MOTION SECONDED AND CARRIED: Moved by Councilman Proft, seconded by Mayor Hillestad and passed unanimously to add as a new condition: A Type II foundation shall be required for this lot. MOTION SECONDED AND CARRIED: Moved by Councilman Proft, seconded by Councilman Perkins and carried unanimously to approve LANDS OF MA, File BSA #6104-77, subject to conditions 4W as recommended by the Variance & Permit Commission and, as amended above. 5. e) Resolution #_ authorizing deposit of City monies in or withdrawal from the local agency investment fund in the State Treasury. MOTION SECONDED AND CARRIED: Following a brief explanation from the City Attorney, it was moved by Councilman Perkins, seconded by Councilman McReynolds and carried unanimously to adopt Resolution #1179 authorizing deposit of City monies in or withdrawal from the local agency investment fund in the State Treasury. 5. d) Resolution # accepting certain improvements, Hayward Acres Subdivision, Tract #6097. Mrs. Gottlieb, Chairman/Pathway Committee, stated that the two conditions relating to paths Tor this subdivision had been deleted and now was the last opportunity to obtain a path or improve the existing path along Fremont. The City Engineer advised that the file was not clear relative to 1973-74 Council action on this matter. MOTION SECONDED AND CARRIED: Moved by Councilman Nystrom, seconded by Councilman McReynolds and carried unanimously to continue this Item to the next Regular Meeting for staff clarification of the pathway question. C. SPECIAL REPORTS: 1. Reports of Standing Committees: None 2. Reports of Ad Hoc Committees: Mayor Hillestad advised of the Disaster Council meeting held February 6, 1979 and suggested the formation of an Emergency Preparedness Committee. -2- CITY COUNCIL MINUTES - February 7, 1979 C. SPECIAL REPORTS: (Continued) 3. Reports from the Planning Commission: None 4. Presentations from the Floor: a) Jim Self - Corridor Study. Mr. Self, Vice -Mayor, San Jose, answered questions and provided clarification on the County evaluation/recommendations which are briefly summarized as follows: (1) The Joint Policy Committee of ABAG and MTC had been working on the Santa Clara County Corridor Evaluation for approximately two years and hoped for finalization soon; (2) Various land use and transportation proposals were put forth for consideration; (3) Finances and the fact that the County is already 80% built out impose severe limita- tions on implementation; (4) There is a serious job expansion versus housing shortage problem that cannot be adequately addressed at this late date; (5) Improved transporta- tion is a viable solution which needs further study as to concentration on auto, bus, light rail or a combination of all three; (6) Industry needs to take a more active role in providing answers to the problems facing the County; (7) Perhaps, growth limitation should also be considered; and, (8) The evaluation contains only recommendations which require consensus from the cities in order to provide for application for funding for many of the proposals contained therein. Councilmembers thanked Mr. Self for his review and concurred that they would closely evaluate the recommendations as to their impact on the County as a whole and, particularly, the zoning and land use concepts of the Town. b) Bonnie Gardiner - Bullis School Closing. Mrs. Gardiner, Steering Committee, advised that they had been charged with investigating alternatives to school closures and she was here to seek support against the closing of Bullis, the only public school open within the Town limits. She then answered Council questions as to the good enrollment currently at Bullis, the low maintenance factor exis- tent at this 1962 constructed school, street safety problems if Los Altos Hills children had to attend Los Altos based schools, the need to consider the large geographical area represented and support from the Town to keeping this school site. Council consensus was to fully support the retention of Bullis as a public school and direct a letter to the Board advising of this action. D. STAFF - REPORTS, CORRESPONDENCE & ANNOUNCEMENTS: 1. City Manager: a) Report on Sewer Assessment District No. 9. The City Manager stated that S.A.D. No. 9 was ready to go to bond following Council action, but that he was recommending a final notice be sent out for those wishing to make a complete payoff. MOTION SECONDED AND CARRIED: Moved by Councilman McReynolds, seconded by Councilman Nystrom and passed unanimously to authorize a 2nd 30 day notice be sent out to those residents included in Sewer Assessment District No. 9. Councilman Perkins said he was impressed with the Judge's statement in the Adobe Creek t Country Club decision relative to Council liability and requested that subdivision fencing as well as proposed truck weight limitations be ongoing items on the City Manager's f Report. Mayor Hillestad also requested a letter be sent to the League of Women Voters 7✓ as to the Town's stance on the Corridor Study and placement of the 911 Emergency phone number for Los Altos Hills as a Report item. -3- ... Councilman Perkins said he was impressed with the Judge's statement in the Adobe Creek Country Club decision relative to Council liability and requested that the City Attorney prepare an abstract on this subject for future Council members and, also that subdivision fencing and truck weight limitations be ongoing items on the City Manager's Report. MOTION SECONDED AND CARRIED: Moved by Councilman Perkins, seconded by Councilman, rof and passed unanimously to approve the February 7, 1979 Minutes as amended above. 21a�\"19 CITY COUNCIL MINUTES - February 7, 1979 E. SPECIAL ORDERS 1. Ordinance #247 (number in error on Agenda -corrected by Deputy City Clerk) amending Subsection (b) of Section 9-4.604 of Chapter 4, entitled Subdivisions". MOTION SECONDED AND CARRIED: Moved by Councilman Perkins, seconded by Councilman Nystrom and passed unanimously to waive further reading of Ordinance #247. MOTION SECONDED AND CARRIED: Moved by Councilman Perkins, seconded by Mayor Hillestad and carried by the following roll call vote to adopt Ordinance #247 amending Subsection (b) of Section 9-4.604 of Chapter 4 entitled "Subdivisions" of Title 9 entitled "Planning and Zoning" of the Los Altos Hills Municipal Code. AYES: Mayor Hillestad, Councilmembers McReynolds, Nystrom, Perkins and Proft. NOES: None. 2. Ordinance #248 adopting the County Animal Control Ordinance #NS -600.12 by reference. The City Attorney explained the procedures necessary to adopt the County Ordinance by reference and the amendments he had provided for consistency with Town policy. Councilman Perkins questioned the general term "animal" within the Ordinance as hindering enforcement and consensus was to review this further prior to second reading and adoption. MOTION SECONDED AND CARRIED: Moved by Councilman Nystrom, seconded by Mayor Hillestad and passed unanimously to waive further reading of Ordinance #248. MOTION SECONDED AND CARRIED: Moved by Councilman Nystrom, seconded by Councilman Perkins and carried by the following roll call vote to introduce Ordinance #248 by title. AYES: Mayor Hillestad, Councilmembers Nystrom, Perkins and Proft. NOES: Councilman McReynolds. MOTION SECONDED AND CARRIED: Moved by Mayor Hillestad, seconded by Councilman Nystrom and passed by the following roll call vote to adopt Resolution #1180 setting March 7, 1979 as the Public Hearing date on proposed adoption of Santa Clara County Ordinance No. NS -600.12 relating to animals by reference with certain amendments proposed. 3. Request for Final Parcel Map Approval, LANDS OF WILLIAMS/McGEE/POWELL. The City Attorney advised of recent litigation concerning soil stability problems in this area which, subsequently, revealed that the Final Parcel Map had never been recorded and answered Council questions as to compliance of the Map with Town ordinances at the time it was originally approved. MOTION SECONDED AND CARRIED: Moved by Councilman Proft, seconded by Councilman Perkins and passed unanimously to adopt Resolution #1181 approving Final Parcel Map, LANDS OF WILLIAMS/McGEE/POWER, with the stipulation that this action is taken only to correct administrative errors and does not accept a Map not in compliance with present ordinances. 4. Request for Final Parcel Map Approval, LANDS OF HUTCHINS, File FM #3069-78. Following a brief introduction by the City Engineer, Councilman Perkins questioned an Easement notation on the Final Parcel Map which could not be adequately explained. MOTION SECONDED AND CARRIED: Moved By Mayor Hillestad, seconded by Councilman Perkins and carried unanimously to continue consideration of LANDS OF HUTCHINS, File FM #3069-78, to the next Regular Meeting for Staff clarification of the easement dedication. -4- CITY COUNCIL MINUTES - February 7, 1979 F. GENERAL ORDERS & UNFINISHED BUSINESS: `, 1. Appeal of Planning Commission denial of Site Development Application, F. Saul, File #A4252, Lot 2, Tract #5762. Mr. Saul, Applicant, provided background on his request, citing also his confusion as to the reasoning behind the denial, his efforts to arrive at compatible house plans to conform to the site and inconsistency being shown by the Town in recently approving two Site Development applications that he felt necessitated more cuts and fills that his proposal. Councilmembers questioned the implications of these charges which, they determined, necessitated an investigation. Councilman McReynolds stressed that the two referenced by Mr. Saul be considered separately and action be taken immediately on this application based on its own merits. MOTION SECONDED AND CARRIED: Moved by Councilman McReynolds, seconded by Councilman Nystrom and passed unanimously to uphold the Planning Commission denial of Site Develop- ment Application #A4252 as it does not address Town policy for conformance to the General Plan which requires a Type II foundation. 2. Appeal of Planning Commission denial, LANDS OF MILLER, File TM #2093-78, 2 Lots. The City Manager provided introduction and history of this Tentative Map application which received approval in 1968, thus expiring in 1976, and now deficient to slope density requirements. The City Attorney advised of correspondence and Minutes concerning the Applicants knowledge of the 1968 action and his letter in 1976 upholding the expiration. Mr. Miller, Applicant, told of his problems with engineers, lawyers and the Town in 1968, stating that these resulted in his failure to file a Final Map at that time and 4W his request now for a conditional exception with the Tentative Map approval. He further felt that a deficiency existed in his not ever receiving written notification of previous Council action. Councilmembers discussed with the City Attorney that all requirements of the Subdivision Map Act had been complied with, the problems experienced originally by the Applicant and the current ability (by Town ordinances) of this property to support only one lot. MOTION SECONDED AND CARRIED: Moved by Councilman Proft, seconded by Councilman Nystrom and passed unanimously to uphold the Planning Commission denial of LANDS OF MILLER, File TM #2093-78, based on non-conformance to lot size requirements of Town ordinances and the General Plan. G. NEW BUSINESS: Councilman Perkins told of certain typographical corrections needed in Ordinance #239 Mayor Hillestad advised of the Water District's review of the Semas/Perrett property and suggested that the Town do some advance pre -planning of this area also. Thereafter, Councilmembers McReynolds and Perkins were appointed with Commissioners Lachenbruch, vanTamelen and Kuranoff to a Committee for study of precise plans for General Plan implementation of including the property in question. Mayor Hillestad then recommended Councilmembers Nystrom and Proft to head a Committee to set up procedures for the work to be done at Saddle Mountain Estates. Councilmembers discussed the State guidelines for the Housing Element and determined that this is one of the major problems the Town will be facing in the next year with a 6 cooperative effort needed to minimize the impact on the Town. There being no further new or old business, the City Council adjourned to Executive Session at 11:34 p.m.. Thereafter, the Council adjourned at 12:32 a.m. Respectfully submitted, Susan Buttler, Deputy City Clerk -5-