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HomeMy WebLinkAbout07/18/1979CITY COUNCIL `,, TOWN OF LOS ALTOS HILLS 26379 Fremont Road Los Altos Hills, California MINUTES OF A REGULAR MEETING Wednesday, July 18, 1979 cc: Reel 119, Side I, Tr. I, 001-731 Mayor Thomas McReynolds called the Regular Meeting of the City Council to order at 7:39 P.M. in the Council Chambers of Town Hall. A. ROLL CALL & PLEDGE OF ALLEGIANCE: Present: Mayor McReynolds and Councilmembers Hillestad, Perkins and Proft. Absent: Councilman Nystrom. Staff: City Manager Robert Crowe, City Attorney Frank Gillio, City Engineer John Carlson, Commissioner Michael Stewart for the Planning Commission, Planning Intern Pat Webb and Deputy City Clerk Susan Buttler. Press: Florence Pallakoff, Los Altos Town Crier. B. CONSENT CALENDAR: Items removed for separate consideration: Item B.4.c) by Councilman Perkins; Items B.4.d) and B.3.a) by Mayor McReynolds; and, Items B.4.a) and B.4.b) by Councilman Proft. MOTION SECONDED AND CARRIED: Moved by Councilman Perkins, seconded by Councilwoman Hillestad and passed unanimously by all members present to approve the balance of the Consent Calendar, specifically: 1. Approval of Minutes: June 20, 1979 and July 10, 1979. 2. Approval of Warrants: $7,955.48. MOTION SECONDED AND CARRIED: After a brief discussion on procedure, it was moved by Councilman Proft, seconded by Councilman Perkins and passed by the following roll call vote to approve Item 3.a), granting a motion for a time extension to 9/12/79 for Planning Commission consideration of the LANDS OF HILLESTAD, File TM #2095-79. AYES: Mayor McReynolds, Councilmembers Perkins and Proft. NOES: None. ABSENT: Councilman Nystrom. ABSTAIN: Councilwoman Hillestad. Councilman Proft then questioned whether there would be a change in lot yield resulting from approval of this Resolution and was advised by the City Engineer that a change would only result if the Town abandoned the easement, which was not proposed at this time. MOTION SECONDED AND CARRIED: Moved by Councilman Proft, seconded by Councilwoman Hillestad and carried unanimously by all members present to adopt Resolution #1222 approving lot line adjustment, Parcel Map No. PM 430 M 46, A.P.N. #336-20-33. Councilman Proft asked about the methods of insuring against repair on improvements made. `. The City Manager responded that sufficient amounts were always retained for this occurrence. Aw MOTION SECONDED AND CARRIED: Moved by Councilman Proft, seconded by Councilman Perkins and passed unanimously by all members present to adopt Resolution #1221 accepting certain improvements, LANDS OF WILD BARLEY HILL, Tract #6069. CITY COUNCIL MINUTES - July 18, 1979 B. CONSENT CALENDAR: (Continued) LCouncilmembers discussed with the City Attorney as to clarification needed in the designations contained in the two resolutions before them and changes that would be made following adoption to bring them in line with action taken by the Planning Commission. MOTION SECONDED AND CARRIED: Moved by Councilman Perkins, seconded by Councilwoman Hillesta and carried unanimously by all members present to adopt Resolution #1223 declaring their intent to consider an amendment to the General Plan consisting of the adoption of a Sub- area Plan Element and setting August 1, 1979 as the public hearing date. MOTION SECONDED AND CARRIED: Moved by Councilman Proft, seconded by Councilman Perkins and carried unanimously by all members present to adopt Resolution #1224 setting the time and place of a public hearing (August 1, 1979) on a proposed amendment to the proposed Subarea Plan Element of the Los Altos Hills General Plan, and adoption of a proposed Negative Declaration. C. SPECIAL REPORTS: 1. Reports of Standing Committees: a) Pathway Committee - Request for liaison appointment. Mrs. O'Such, Pathway Committee, read their memo of July 16, 1979 requesting the appointment of Jean Struthers as an official liaison between the Town and various Santa Clara County committees and agencies pertinent to pathways. Councilmembers cited their concerns at having two representatives at these meetings (one Councilperson always attends Transit District meetings), but stressed their agreement against losing voluntary talent such as this. They asked the Pathway Committee to return Lwith complete definitions of the position, exactly what meetings would be attended by the ,W liaison and benefits to be realized by the Town over what now exists. 2. Reports of Ad Hoc Committees: None 3. Reports from the Planning Commission: None 4. Presentations from the Floor: a) Request from M. Anning for use of Town property. Mrs. Anning, Viscaino Road, read from her letter of July 13, 1979 and answered Council questions as to earthwork necessary for the growing of irises. MOTION SECONDED AND CARRIED: Moved by Councilman Perkins, seconded by Councilwoman Hillestad and carried unanimously by all members present to approve Mrs. Anning's request to utilize Town owned property for iris growing and directed the City Attorney to prepare the appropriate lease agreement for the next regular meeting. Mr. Pfendt, Applicant/Astra Estates, strongly urged the Council to facilitate the approval of improvements for his subdivision, including response from the City Engineer as to the adequacy of his proposal for storm drainage. The City Manager stated that this matter was a Staff function which should be resolved at that level and advised of the errors which had occurred with elevations, etc. on this property. The Mayor then read into the record the following letter sent to Mr. Pfendt on July 17, 1979: i "Your note of July 10, 1979 has been received and noted by members of the City Council. ✓ Should you wish a public hearing on this subject, please so advise. The policy of the Town of Los Altos Hills is to require all subdivision improvements be installed with sufficient engineering and quality standards to ensure they will be -2- CITY COUNCIL MINUTES - July 18, 1979 C. SPECIAL REPORTS: (Continued) (, 4. Presentations from the Floor: Letter to Mr. Pfendt (Continued) lasting and will not present maintenance problems in the future. To this end we lean heaviliy on the judgement of our City Engineer. I have personally had opportunity to inspect the drainage culvert you installed at the entrance to Golden Hill Court and I was appalled at the gross elevation mis-alignments. I have, therefore, instructed the City Manager, the City Engineer and the City Attorney to review the Tentative Map, the Final Map and the Subdivision Agreement to ensure conformance between these several documents, the State law and the other subdivision improvements in the field. As you know, the law requires conformance and, if substantial non-conformance or error is found, corrective action will be necessary. Thank you for calling this to my attention." Mr. Pfendt, A l5 t/Astra Estates, responded that: 1) The elevation/drainage problems existe before the subdivision process began; 2) An energy dissipator is needed at the end of the culvert which, with cooperation, could be easily installed; 3) His solutions have not been accepted or treated fairly; and 4) He feels that his project is being inten- tionally sabotaged by the Town. Councilmembers stressed the need for the applicant to meet again with Staff and work out these problems, that this argumentative discourse was not productive and, finally, ruled Mr. Pfendt out of order when accusations persisted without resolve. D. STAFF - REPORTS, CORRESPONDENCE & ANNOUNCEMENTS: 40 1. Mayor McReynolds: a) Report on Santa Clara County Transit District. The Mayor began by referring Councilmembers to the documents before relative to the recent decision by an administrative law judge, the influence this decision had on current nego- tiations with Southern Pacific and that he would like to forward a letter stating Council's feelings on this matter. MOTION SECONDED AND CARRIED: Moved by Councilwoman Hillestad, seconded by Councilman Proft and passed unanimously by all members present that a letter be sent by the Mayor stating the Council's position on this mass transit problem with Council review prior to mailing. Councilman Proft advised of the proclamation before them, the excellent work of the Com- munity Health Abuse Council and their ongoing need for support from all agencies served. MOTION SECONDED AND CARRIED: Moved by Councilwoman Hillestad, seconded by Councilman Proft and carried unanimously by all members present to approve the Proclamation declaring the week of July 22-29, 1979 as "CHAC WEEK" and urging support from all Town residents. At approximately 8:40 p.m. the City Manager left the meeting due to illness. E. SPECIAL ORDERS: 1. Ordinance #_ amending Chapter 2, entitled "Noise" of Title 5 of the Los Altos Hills Municipal Code by amending Section 5-2.02 thereof. (FIRST READING) MOTION SECONDED AND CARRIED: Moved by Councilwoman Hillestad, seconded by Councilman L Perkins and passed unanimously by all members present to waive further reading. MOTION SECONDED AND CARRIED: Moved by Councilwoman Hillestad, seconded by Councilman Perkins and passed unanimously by all members present to introduce Ordinance #254 amending Chapter 2, entitled "Noise" of Title 5 of the Los Altos Hills Municipal Code by amending Section 5-2.02 thereof. -3- CITY COUNCIL MINUTES - July 18, 1979 E. SPECIAL ORDERS: (Continued) LW 2. Ordinance # amending Title 4, entitled "Public Safety" of the Los Altos Hills Municipal Code by adding thereto Chapter 7, entitled "Alarms". (FIRST READING) Councilmembers discussed with the City Attorney whether the proposed ordinance contained all the necessary elements to provide for prosecuting violations and they were advised that it did. PASSED BY CONSENSUS: To amend the last sentence of (c) on Page 2 to read: Mechanical malfunctions will be considered false alarms. PASSED BY CONSENSUS: To amend (d) to read: "Law Enforcement Agency" shall mean the Sheriff of the County of Santa Clara with whom the City currently contracts for public safety services or the Chief of Police of the City or one of his deputies. PASSED BY CONSENSUS: To amend the last sentence of Section 4-7.02 to read: A service charge of 25.00 shall be imposed by the City upon the third and each ensuing false alarm during each alarm period. MOTION SECONDED AND CARRIED: Moved by Councilwoman Hillestad, seconded by Councilman Proft an passed unanimously by all members present to waive further reading. MOTION SECONDED AND CARRIED: Moved by Councilman Proft, seconded by Councilman Perkins and carried unanimously by all members present to introduce Ordinance #255 amending Title 4, entitled "Public Safety" of the Los Altos Hills Municipal Code by adding thereto Chapter 7, entitled "Alarms". 3. Ordinance # amending Section 3-1.204, Chapter 1 of Title 3 and re -lettering Sub- section (k) of 9-5.703 of Chapter 5 of Title 9, respectively, of the Los Altos Hills `y Municipal Code. (URGENCY ORDINANCE) During his introduction, the City Attorney explained that this ordinance merely corrected typographical errors in previous ordinances and was needed urgently as these had been sent in for codification into the Municipal Code and this would facilitate the process. Council - members expressed confusion as to exactly what the amendments were which was increased by not having all necessary information before them. The ordinance was then tabled until later in the meeting in order to obtain all pertinent ordinances. 4. Abandonment & relocation of Public Utility Easement, 26989 Beaver Lane. Continued to set public hearing. 5. Public Hearings: a) Ordinance # amending Article 12, entitled 'Truck Traffic Routes" of Chapter 3 of Title 4 of the Los Altos Hills Municipal Code by amending Sections 4-3.1201, 4-3.1202 and 4-3.1203 thereof and adding Sections 4-3.1205 to 4-3.1208, inclusive, thereof. (CONTINUED FROM 6/20/79) (FIRST READING) Continued to the next regular meeting. b) Request for Tentative Map Approval, LANDS OF HOM, File TM #2084-78, 3 Lots. MOTION SECONDED AND CARRIED: After a brief review by the City Engineer, it was moved by Councilman Proft, seconded by Councilman Perkins and passed unanimously by all members present to adopt a Negative Declaration for the LANDS OF HOM. JMOTION SECONDED AND CARRIED: Moved by Councilman Proft, seconded by Councilwoman Hillestad W and passed unanimously to amend Condition #8.A to read: The applicant shall improve Elena Road at half width along the frontage of Lots 1 & 2 to Town standards. -4- CITY COUNCIL MINUTES - July 18, 1979 !J CJ E. SPECIAL ORDERS: (Continued) 5. b) LANDS OF HOM (Continued) MOTION SECONDED AND CARRIED: Moved by Councilman Proft, seconded by Councilwoman Hillestad and carried unanimously to add as new Condition #10.C: Vehicular access shall be restricted to only those locations so designated on the Tentative Map. MOTION SECONDED AND CARRIED: Moved by Councilman Proft, seconded by Mayor McReynolds and passed unanimously by all members present to amend Condition #6.0 to read: Paths shall be separated from the street travelled way by a minimum separation of six feet (6') or greater from the street travelled way. MOTION SECONDED AND CARRIED: Moved by Councilwoman Hillestad, seconded by Councilman erkins and carried unanimously by all members present to approve the Tentative Map, LANDS OF HOM, File TM #2084-78, subject to conditions as recommended by the Planning Commission and, as amended above. Thereafter, Council returned to consideration of the ordinance tabled earlier. They reviewed information placed before them and talked briefly with the City Attorney as to specifics of the amendments. MOTION SECONDED AND CARRIED: Moved by Councilwoman Hillestad, seconded by Councilman Proft and passed unanimously by all members present to waive further reading. MOTION SECONDED AND CARRIED: Moved by Councilman Proft, seconded by Councilman Perkins and carried unanimously by all members to adopt (Urgency Ordinance) Ordinance #253 amending Section 3-1.204, Chapter 1 of Title 3 and re -lettering Subsection (k) of 9-5.703 of Chapter 5 of Title 9, respectively, of the Los Altos Hills Municipal Code. c) Request for Approval of Annual Review of Conditional Use Permit, LANDS OF BERRY HILL FARMS, File C.U.P. #8028-77. The City Engineer introduced the Planning Intern, Pat Webb, to the City Council and she then outlined items covered by this annual review as well as changes made by the Planning Commission. Councilmembers cited their concerns as to wording utilized, lack of clarity for conditions to be revised and whether complaints or objections had been made by neighbors MOTION SECONDED AND CARRIED: Moved by Councilman Proft, seconded by Councilman Perkins and passed unanimously by all members present to amend Condition #18 to read: Prior to October 30, 1979, the applicant shall dedicate and record all necessary sanitary sewer and storm drainage easements to the Town. MOTION SECONDED AND CARRIED: Moved by Councilwoman Hillestad, seconded by Mayor McReynolds and carried unanimously by all members present to continue the Annual Review, LANDS OF BERRY HILL FARMS, File C.U.P. #8028-77, to the next meeting for more information. d) Request for Approval of Annual Review of Conditional Use Permit, LANDS OF FREMONT HILLS COUNTRY CLUB, File C.U.P. #8010-76. MOTION SECONDED AND CARRIED: Moved by Councilwoman Hillestad, seconded by Mayor McReynolds and passed unanimously by all members present to continue the Annual Review, LANDS OF FREMONT HILLS COUNTRY CLUB, File C.U.P. #8010-76, to the next meeting for more information. F. NEW BUSINESS: 1. Appointment to Traffic & Public Safety Committee. MOTION SECONDED AND CARRIED: Moved by Councilwoman Hillestad, seconded by Councilman Proft LO and passed unanimously by all members present to appoint John Taggart to the Traffic & Public Safety Committee for a term expiring June 30, 1981. -5- CITY COUNCIL MINUTES - July 18, 1979 F. NEW BUSINESS: (Continued) JW Thereafter, Councilmembers discussed the grading error on the Tanglewood Subdivision that had been brought to their attention, lack of approvals granted and methods of resolving the matter. PASSED BY CONSENSUS: To send the following Mailgram to Mr. A. G. Lambert, Gerard Homes, Inc., 141 First Street, Los Altos: "Please be advised that within the Tanglewood Subdivision, Tract #6355, a road has been graded on Lot #4 without approval by the City of the Town of Los Altos Hills. All public improvements shall be stopped and no further Site Development permits issued until this matter is resolved to the satisfaction of the Town. We expect clarification of this error by August 1, 1979, when this item will be scheduled for City Council public hearing." There being no further new or old business to discuss, the City Council adjourned at 10:07 p.m. Respectfully submitted, Susan Buttler Deputy City Clerk 20