HomeMy WebLinkAbout08/01/1979CITY COUNCIL
TOWN OF LOS ALTOS HILLS
26379 Fremont Road
Los Altos Hills, California
MINUTES OF A REGULAR MEETING
Wednesday, August 1, 1979
cc: Reel 119, Side I, Tr. I, 732 -End; Side II, Tr. I, 001-331
Mayor Pro Tem David Proft called the Regular Meeting of the City Council to order at 7:32 P.M.
in the Council Chambers of Town Hall.
A. ROLL CALL & PLEDGE OF ALLEGIANCE:
Present: Mayor Pro Tem Proft and Councilmembers Nystrom and Perkins.
Absent: Mayor McReynolds, Councilwoman Hillestad and Commissioner Rydell.
Staff: City Manager Robert Crowe, City Attorney Frank Gillio, City Engineer John
Carlson, Planning Intern Pat Webb and Deputy City Clerk Susan Buttler.
B. CONSENT CALENDAR:
MOTION SECONDED AND CARRIED: Moved by Councilman Perkins, seconded by Councilman Nystrom
and carried unanimously by all members present to approve the entire Consent Calendar,
specifically:
1. Approval of Minutes: July 16, 1979 and July 18, 1979.
2. Approval of Warrants: $46,211.41.
3. Resolutions for Adoption:
a) Resolution #1225 accepting certain improvements, LANDS OF COSTELLO, File
Tract #6289.
b) Resolution #1229 setting Public Hearing date of September 5, 1979 on abandonment
and relocation of easement, 26989 Beaver Lane.
C. SPECIAL REPORTS:
1. Reports of Standing Committees:
a) Pathway Committee - Request for liaison appointment (continued from July 18, 1979
meeting)
PASSED BY CONSENSUS: Following a brief discussion it was the consensus of those members
present to appoint Jean Struthers as the Town's liaison as requested and leave payment of
mileage amounts to Staff discretion.
2. Reports of Ad Hoc Committees: None
3. Reports from the Planning Commission:
a) Response memo on pathway priorities.
Councilmembers discussed the urgency of establishing a list of high use paths and requested
that the Planning Commission subcommittee on this meet as quickly as possible. Councilman
Perkins also asked that this be an ongoing item on the City Manager's Report,
4. Presentations from the Floor:
LW Mrs. Gottlieb, Chairman/Pathy Committee, commended the Town crew for the good work being
accomplished on path clearingwaand thanked the Council for their approval of this expenditure.
CITY COUNCIL MINUTES - August 1, 1979
D. STAFF - REPORTS. CORRESPONDENCE & ANNOUNCEMENTS:
1. City Attorney:
a) Claim - Harry Glicken.
MOTION SECONDED AND CARRIED: Upon recommendation of the City Attorney, it was moved by
Councilman Nystrom, seconded by Councilman Perkins and passed unanimously by all members
present to reject the claim of Harry Glicken based on insufficiency of evidence presented
and referred the matter to the Town's insurance carrier for processing.
b) Lease Agreement - Town Owned Property.
The City Attorney advised that the license before Council was similar to those used in
other cities, the appropriateness of using this rather than a lease when for a specific
purpose and, he then read portions to provide further clarification.
Mrs. Sobel, Christopher's Lane, questioned the Town's liability and was told of the
'hold harmless" clause contained in the License.
PASSED BY CONSENSUS: To amend the License as follows: Page 1, Item 5 - insert "$1.00"
for the annual fee amount. Page 2, Item 7 - amend to read - "This License may be revoked
at any time by the City or the Licensee without cause upon either giving ninety (90) days
notice in writing to the other party.
MOTION SECONDED AND CARRIED: Moved by Councilman Nystrom, seconded by Councilman Perkins
and carried unanimously by all members present to adopt Resolution #1226 approving and
authorizing execution of a License,with the above amendments,to allow use of Town proper-
ty to grow irises.
2. Planning Intern:
a) Standard format for C.U.P.'s for commercial stables.
The Intern, Pat Webb, summarized the memo and offered to have a draft available at the
next Council meeting. The City Attorney commended the approach which would facilitate
the annual review and also offered to standardize the legal documents required. Council -
members felt this would be worthwhile, but stressed that the unique features of each
application also be dealt with on an individual basis.
At approximately 7:55 p.m. Council adjourned to Executive Session for Personnel. They
reconvened at 8:24 p.m.
E. SPECIAL ORDERS:
1. Request for Final Map Approval, LANDS OF PARNAS CORPORATION, FILE FM #3068-78
The City Engineer briefly outlined improvement changes which would result in less cuts
and fills as well as some re -adjusting of lot lines. He then favorably addressed Council
concerns as to drainage and no further subdivision of any of the lots.
MOTION SECONDED AND CARRIED: Moved by Councilman Nystrom, seconded by Councilman Perkins
and carried unanimously by all members present to adopt Resolution #1227 approving Final
Subdivision Map, Tract #6518, and approving and authorizing execution of Subdivision
Agreement.
2. Ordinance #254 amending Chapter 2, entitled "Noise" of Title 5 of the Los Altos Hills
Municipal Code by amending Section 5-2.02 thereof. (SECOND READING)
MOTION SECONDED AND CARRIED: Moved by Councilman Perkins, seconded by Councilman Nystrom
and passed unanimously by all members present to waive further reading of Ordinance #254.
MOTION SECONDED AND CARRIED: Moved by Councilman Perkins, seconded by Councilman Nystrom
and carried unanimously by all members present to adopt Ordinance #254 amending Chapter 2,
entitled "Noise" of Title 5 of the Los Altos Hills Municipal Code by amending Section 5-2.02
thereof.
-2-
CITY COUNCIL MINUTES - August 1, 1979
E. SPECIAL ORDERS: (Continued)
3. Ordinance #255 amending Title 4, entitled "Public Safety" of the Los Altos Hills
Municipal Code by adding thereto Chapter 7, entitled "Alarm Systems". (SECOND READING)
MOTION SECONDED AND CARRIED: Moved by Councilman Perkins, seconded by Councilman Nystrom
and carried unanimously by all members present to waive further reading of Ordinance #255.
MOTION SECONDED AND CARRIED: Moved by Councilman Nystrom, seconded by Councilman Perkins
and passed unanimously by all members to adopt Ordinance #255 amending Title 4, entitled
"Public Safety" of the Los Altos Hills Municipal Code by adding thereto Chapter 7, entitled
"Alarm Systems".
4. Public Hearings:
a) Consideration of proposed use of Revenue Sharing Funds for 1979-80 fiscal year.
The City Manager advised of the appropriate publication notices made, the Study Sessions
held and the proposed disbursement as follows: $10,000 to Little League Field improvements,
$15,000 to the Multi -Purpose Barn and $15,000 to upgrade riding ring at Westwind. The
Public Hearing was then opened.
Mr. Sobel, Christopher's Lane, criticized the allocation of these monies and stated that
legal requirements were not being met without consideration of senior citizens needs with
these funds.
Councilmembers determined from the City Manager that all expenditure criteria had been
fully complied with and the Public Hearing was closed.
MOTION SECONDED AND CARRIED: Moved by Councilman Perkins, seconded by Councilman Nystrom
and carried unanimously by all members present to authorize allocation of Revenue Sharing
Funds for the 1979-80 fiscal year as recommended by Staff.
b) Consideration of Budget for fiscal year 1979-80.
The City Manager outlined the changes that had been made to the Proposed Budget during
various Study Sessions, that we are operating within our revenues and, due to Proposition
13, the elimination of setting a tax rate by Council action. The Public Hearing was opened
and shortly closed as no one desired to speak. The City Attorney stated that the Budget
was a simple designating of where funds might be spent with amendments and changes avail-
able by Council action at any time during the fiscal year.
MOTION SECONDED AND CARRIED: Moved by Councilman Nystrom, seconded by Councilman Perkins
and passed unanimously by all members present to adopt Resolution #1228 adopting the Budget
for Los Altos Hills for the fiscal year 1979-80.
c) 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 7/18/79 MEETING) (FIRST READING)
MOTION SECONDED AND CARRIED: Following a brief discussion on the merits of the ordinance,
it was moved by Councilman Perkins, seconded by Councilman Nystrom and carried unanimously
by all members present to table the proposed ordinance.
d) Request for Variance, LANDS OF BINDER, File VAR #7055-78. (CONTINUED FROM
6/20/79 MEETING FOR FULL COUNCIL)
Mayor Pro Tem Proft advised of the current studies by the Planning Commission relative to
`, tennis courts, apologized for the lack of a full Council this evening and stated that the
next meeting would also be affected by absences. The Applicant, Mr. Binder, then gave
approval to a continuance.
PASSED BY CONSENSUS: To continue the LANDS OF BINDER to the 9/5/79 Regular Meeting.
-3-
CITY COUNCIL MINUTES - August 1, 1979
E. SPECIAL ORDERS: (Continued)
4. Public Hearings: (Continued)
(W e) Request for Approval of Annual Review of Conditional Use Permit, LANDS OF
BERRY HILL FARMS, File C.U.P. #8028-77. (CONTINUED FROM 7/18/79 MEETING FOR
MORE INFORMATION)
Councilmembers discussed with the Planning Intern procedures to be followed in amending
the Use Permit and methods of flagging those items requiring short term attention. The
City Attorney also advised that he would be preparing a complete, updated Permit for both
this and the one next on the agenda.
MOTION SECONDED AND CARRIED: Moved by Councilman Nystrom, seconded by Councilman Perkins
and carried unanimously by all members present to approve the Annual Review, LANDS OF
BERRY HILL FARMS, File C.U.P. #8028-77, with Staff amended Conditions and a revised Use
Permit from the City Attorney.
f) Request for Approval of Annual Review of Conditional Use Permit, LANDS OF FREMONT
HILLS COUNTRY CLUB, File C.U.P. #8010-76. (CONTINUED FROM 7/18/79 MEETING FOR
MORE INFORMATION)
MOTION SECONDED AND CARRIED: Moved by Councilman Nystrom, seconded by Councilman Perkins
an passed unanimously by all members present to approve the Annual Review, LANDS OF FREMONT
HILLS COUNTRY CLUB, FILE C.U.P. #8010-76, with Staff amended Conditions and a revised Use
Permit from the City Attorney.
g) Consideration of an amendment to the General Plan consisting of the adopting of
a Subarea Plan Element, Three Forks Lane area.
MOTION SECONDED AND CARRIED: Following a brief review of the environmental study, it was
moved by Councilman Perkins, seconded by Councilman Nystrom and carried unanimously by all
members present to adopt a Negative Declaration for the Subarea Plan Element amendment to
the Los Altos Hills General Plan for the Three Forks Lane area.
The City Engineer first provided a brief history of the Council request for a Specific Plan,
the subsequent Planning Commission decision to avoid stringent regulations in favor of
general guidelines incorporated into a Subarea Plan Element, recommendation of one traffic
access point at Via Felice to be implemented during development of properties involved,and
immediate safety improvements at the entrance to Page Mill Road.
The City Attorney then stated that the Council had to determine what they wished to
accomplish in planning this area, that the Planning Act provided for Specific Plan amend-
ments to local General Plans, clarification on the broad canvas approach of each Element
with Specific Plans magnifying certain areas,and the guidelines these provided as sub-
division comes before the Town in the area so designated.
Mr. Cottrell, North Fork Lane, endorsed improvements to the unsafe entrance to Page Mill
Road, but spoke against bearing the full burden of road installations or providing access
to adjacent property owners when he should decide to subdivide his property in the future.
Mr. Bahr, Three Forks Lane, spoke for neighborhood consensus to utilize Country Way as
e on y access point to Page Mill Road as the safest and least damaging environmentally.
Councilmembers discussed with the City Attorney their concerns as to the vagueness of
the Subarea Plan Element, the responsibility of the Town to provide for long term safety,
the liability factors in defective designing, the changes that will be necessary when this
area is more developed, and whether they want to enact just a policy statement or something
more specific. Following a question of access, the City Engineer stated that reduction to
just one onto Page Mill was the best and safest; that two or three obviously increased the
hazards. The City Manager then outlined methods of equalizing the financial burden with
either each subsequent development assuming a pro -rated share or the setting up of an
assessment district for all property owners within the area involved.
-4-
CITY COUNCIL MINUTES - August 1, 1979
E. SPECIAL ORDERS: (Continued)
L 4. Public Hearings: (Continued)
g) Subarea Plan Element, Three Forks Lane area (Continued)
Mr. Bahr, Three Forks Lane, spoke against bearing the entire cost and providing access to
is property via Mr. Cottrell's property.
Mr. Cottrell, North Fork Lane, stated that there had been only one Three Forks Lane entrancc
until Council approved Country Way this past year.
Councilmembers then talked with Staff and all concerned relative to cost differences of
the proposed entrances, the environmental impacts of each and all safety factors involved.
MOTION SECONDED AND CARRIED: Moved by Councilman Nystrom, seconded by Councilman Perkins
and carried unanimously by roll call vote to continue consideration of the Subarea
Plan Element, Three Forks Lane area, until the next regular meeting (August 15, 1979)
for a report and detailed information from the City Engineer on using Country Way as the
entrance point to Page Mill Road.
AYES: Councilmembers Nystrom and Perkins.
NOES: Mayor Pro Tem Proft.
ABSENT: Mayor McReynolds and Councilwoman Hillestad.
h) Consideration of an amendment to proposed Subarea Plan Element, Chaparral
Way area.
Due to a possible conflict of interest, Mayor Pro Tem Proft removed himself from the
L discussion of this Item and, by mutual consent, Councilman Perkins presided thereafter.
fv MOTION SECONDED AND CARRIED: After a brief review of the environmental study, it was moved
by Councilman Nystrom, seconded by Councilman Perkins and carried by the following roll cal'
vote to adopt a Negative Declaration for the Subarea Plan Element amendment to the General
Plan, Chaparral Way area.
AYES: Acting Mayor Pro Tem Perkins and Councilman Nystrom.
NOES: None.
PRESENT: Councilman Proft.
ABSENT: Mayor McReynolds and Councilwoman Hillestad.
Thereafter, the City Engineer outlined the similar planning efforts utilized for this
proposal as for the one for Three Forks Lane area, the Planning Commission's recommendation!
for general guidelines with road improvements to follow as necessary or desired by property
owners, the unique drainage problems for which planning was included for immediate action
and the high erosion factors precipitating the recommended conservation easement.
Mrs. Horton, Chaparral Way, asked for clarification on pipe sizes, etc. to be used for the
proposed drainage system and advised of her approval of the Planning Commission's traffic
circulation recommendation.
Mr. Proft, Moody Road, spoke as a citizen and commended the proposed drainage plan. He
then stated that the Council needed to determine whether they wished to take a general or
specific position on planning for this area; that the Town's responsibility was to protect
the safety/welfare of all residents; that he understood the residents desire to keep
Chaparral private, but further development would result in more people using an already
overcrowded road; and, that a positive position might be taken by first changing all
"shalls" to "shoulds" in the proposed Element amendment. He also asked that a typo-
graphical error on Page 2 be checked by Staff (paragraph 7).
-5-
A
4
CITY COUNCIL MINUTES - August 1, 1979
SPECIAL ORDERS: (Continued)
4. Public Hearings: (Continued)
h) Subarea Plan Element, Chaparral Way area (Continued)
Acting Mayor Pro Tem Perkins cited his concerns as: 1) The twelve considerations listed
related only to planning procedures and did not adequately address the problem; 2) The
public welfare and safetyaspect was utmost when Council directed that improvements to
Chaparral Way be considered by the Planning Commission originally; 3) Whether it be
determined a public or private road, the Town shoulders the responsibility for safety;
and 4) Adequate and specific planning needs to be accomplished quickly to obtain improved
traffic circulation in this area.
Both Councilmembers then talked with the City Engineer about his original recommendation
for traffic circulation and commended the concepts of this plan for solving the problems
in the area. Acting Mayor Pro Tem Perkins cited future development as the implementing tool
for this plan with access eventually to Altamont for the Poole and McReynolds' properties,
that strong arguments were needed before any vote should be taken against engineering
recommendations and, finally, this would provide a clear guideline to all parties involved
as to what the Town feels is necessary for safe development of this area. The City
Attorney then provided wording for consideration of a Motion on this Item.
Mrs. Horton, Chaparral Way, stated her objections to changing the private road to public
as well asto a through route from Altamont to Chaparral Way.
MOTION SECONDED AND CARRIED: Moved by Councilman Nystrom, seconded by Councilman Perkins
and passed by the following roll call vote to send the proposed Subarea Plan Element for
the Chaparral Way area back to the Planning Conmission for thorough consideration of the
City Engineer's proposal and a report on the feasibility of its implementation.
AYES: Acting Mayor Pro Tem Perkins and Councilman Nystrom.
NOES: None.
PRESENT: Councilman Proft
ABSENT: Mayor McReynolds and Councilwoman Hillestad.
F. GENERAL ORDERS & UNFINISHED BUSINESS:
4W
1. Council review of grading problems, Lot 4, Tanglewood Subdivision.
The City Manager provided an introduction of the Staff investigation which revealed
unauthorized site grading and misalignment of the driveway in direct violation of the
Town's Site Development and Subdivision ordinances. Councilmembers discussed with the
City Attorney what legal recourse was available to them.
Mr. Lambert, Applicant, admitted the wrongdoing and cited the revised drive location as
an improvement for eliminating cuts and fills.
MOTION SECONDED AND CARRIED: Moved by Councilman Nystrom, seconded by Councilman Perkins
and carried unanimously by all members present to require the submission of an as built of
the driveway and complete pians to Site Development by the Applicant as well as payment of
Site Development fees, payment of all Staff time plus a 100% penalty.
Mayor Pro Tem Proft included the following statement in the record: "Although this may have
been an honest mistake, we have been inundated the past year or so with things happening
outside of our rules and regulations and I, for one, would like to see the City take a
posture from this point on that violations that occur be prosecuted to the fullest extent
either through civil or criminal action. We have been spending a horrendous amount of Staff
time trying to solve problems that occur just because people do not follow our rules and
regulations. We need to start putting some teeth into this and the pocketbook is the best
place to begin."
52
CITY COUNCIL MINUTES - August 1, 1979
G. NEW BUSINESS:
LCouncilman Perkins cited the increased use of Town roads by pedestrians, equestrians
and bicyclists as necessitating the designation of one person responsible for ensuring
that safe conditions are prevalent.
PASSED BY CONSENSUS: To name the Town's Security Patrol Officer, Gordon Penfold, as
the Public Safety Officer.
119
6
The City Manager then introduced a letter from the Fire Department which listed several
properties in the Town which needed weed abatement to prevent fire hazards.
MOTION SECONDED AND CARRIED: Moved by Councilman Nystrom, seconded by Councilman Perkins
and passed unanimously by all members present to authorize the weed abatement for the
properties as requested the the Los Altos Fire Protection District.
There being no further new or old business to discuss, the City Council adjourned at
11:15 P.M.
Respectfully submitted,
Susan Buttler
Deputy City Clerk
-7-