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HomeMy WebLinkAbout03/01/1978CITY COUNCIL TOWN OF LOS ALTOS HILLS 26379 Fremont Road Los Altos Hills, California MINUTES OF A REGULAR MEETING Wednesday, March I, 1978 cc: Reel 108, Side I, Tr. I, 001 -End; Side 2, Tr. I, 001-024 Mayor Keith Brown called the Regular Meeting of the City Council to order at 7:34 PM in the Council Chambers of Town Hall. A. ROLL CALL 8 PLEDGE OF ALLEGIANCE: Present: Mayor Keith Brown, Councilmembers Cheney, Hillestad, McReynolds and Proft. Absent: None Staff: City Manager Robert Crowe, City Attorney Frank Gillio, City Engineer Alexander Russell, Engineer/Planning John Mark[, Commissioner William Perkins for the Planning Commission and Deputy City Clerk Susan Buttler. Press: Richard Hanner, Palo Alto Times. 4W B. CONSENT CALENDAR: Prior to consideration of the Items on the Consent Calendar, Mayor Brown commended Councilwoman Hillestad on her admirable chairing of two meetings during his absence with the flu. Councilwoman Hillestad and Councilman Cheney requested the removal of the Warrants for separate consideration. Councilwoman Hillestad asked that Warrants Nos. 3201 and 3203, Council vehicle expense, be removed pending the outcome of the upcoming Election. She then questioned the use for Warrant No. 3266 and was advised by the City Manager that it was an enrollment fee for a member of the Pathway Committee to attend a seminar on trails and paths. Councilman Cheney stated he had checked the invoice for Warrant No. 3214, fence repair, and If It was a claim, why had it not been before the Council for approval/ disapproval. Mr. Crowe told of damage to a private fence at 12790 Normandy by Town trees with Council direction then that he bring back a full report at the next meeting. MOTION SECONDED AND CARRIED: Moved by Councilman Cheney, seconded by Councilwoman Hillestad and carried unanimously to remove Warrants Nos. 3201, 3203 and 3214; approving the balance of the Warrant List for payment (Item B. 2.). MOTION SECONDED AND CARRIED: Then, moved by Councilwoman Hillestad, seconded by Councilman Cheney and passed unanimously to approve the balance of the Consent Calen- dar, specifically: I. Approval of Minutes: February 15, 1978. 3. Motions for Adoption: 44. a) LANDS OF ARASTRA, LTD., File TM #2065-77, granting time extension for Plan- ning Commission consideration to 4/19/78. b) LANDS OF HERPICK, File TM #2076-77, setting March 15, 1978, as the Public Hearing date. CITY COUNCIL MINUTES - March I, 1978 B. CONSENT CALENDAR: (Continued) 4. Actions of the Variance 8 Permit Commission: a) LANDS OF PAPOULIAS, VAR #7050-78, denied the Variance request. C. SPECIAL REPORTS: I. Reports of Standing Committees: None 2. Reports of Ad Hoc Committees: None 3. Presentations from the Floor: Mr. Giller, Vinedo Lane, stated his objection to a recent published letter of the City Manager's as an attack on one of our citizens and, that in Mr. Crowe's position as a "hired hand", such abusive material was an insult to all residents. Councilman McReynolds called for point of order and urged that this lambasting of Staff be discontinued. Mrs. Sobel, Christopher's Lane, questioned Warrant No. 3168 from February 15th meeting for the purchase of tires under Account #1-115. Discussion followed on the nature of this account with Councilman Cheney stating his concerns regarding this type of activity. It was determined that the matter would be ` looked into the next day. 6+ Mrs. Gallo, LaL2nne Court, requested a legal Interpretation of Mrs. Sobel's question and also criticized Mr. Crowe's letter. D. STAFF - REPORTS, CORRESPONDENCE 8 ANNOUNCEMENTS: City Attorney: a) Accident Claim - R. J. Presnell. b) Accident Claim - L. R. Mayne. The City Attorney advised of the grounds on which Council should deny these claims. MOTION SECONDED AND CARRIED: Moved by Councilman Proft, seconded by Councilwoman Hillestad and carried unanimously to: (I) Deny the accident claim of R. J. Presnell and, (2) Deny the accident claim of L. R. Mayne as not being meritorious and sub- mitted to the Town beyond the 100 day statutory time limit. Council also directed these claims be sent to the Town's insurance carrier for processing. Councilman Proft asked if the audit information from Adobe Creek Country Club had been received, this being the due date. Staff response was negative and that other areas of compliance were still not completed. Council then adjourned at 8:10 PM to A litigation session to discuss this matter. E. SPECIAL ORDERS: 4 I. Request by Hills Little League for help with field maintenance. In considering the Little League request, Council raised the following questions: (1) How much renovating does the field need now and In the future? (2)What are the costs involved? (3) Who will be responsible for upkeep? (4) Would this be -2- CITY COUNCIL MINUTES - March I, 1978 E. SPECIAL ORDERS: (Continued) 40 I. Hills Little League request (Continued) setting a precedent for other special Interest groups. The need to provide a safe recreation area in the Town for baseball and, perhaps, soccer was agreed upon by all Councilmembers with the designation of Councilwoman Hlllestad and Councilman McReynolds to meet with the Little League members and work out specific details. 2. Public Hearings: a) Request for Tentative Map Approval, LANDS OF COUNTRY WAY SUBDIVISION, File TM #2041-76 (formerly LANDS OF BAHL). The City Manager outlined the revised map, new configurations and deletion of two lots, as requested by the Council approximately one year ago. Staff recommendation was to return the subject request to the Planning Commission for their review with Councilman Cheney objecting to the logic of this extra step in the process. MOTION SECONDED AND CARRIED: Moved by Councilman McReynolds, seconded by Councilwoman Hillestad and passed unanimously to send LANDS OF COUNTRY WAY SUBDIVISION, File TM #2041-76 back to the Planning Commission for their consideration. Councilman Proft requested the Planning Commission reference Council Minutes of January 19, 1977 and April 6, 1977, and talk with Mr. Stutz about pathway requirements in their consideration of the above. b) Request for Tentative Map Approval, LANDS OF BLEDSOE, File TM #2070-77. The Engineer/Planner introduced an unrecorded pathway easement problem that existed on this proposed five lot subdivision. The hearing was then opened to the public. MOTION SECONDED AND CARRIED: Moved by Councilman McReynolds, seconded by Councilman Cheneyand carried unanimously to adopt a Negative Declaration for LANDS OF BLEDSOE, File TM #2070-77. Mr. Bledsoe, Applicant, told how he had dedicated the pathway easement In question to the Town several years ago, planted trees along it and the well travelled use thereon. The most recent survey had revealed a previous land ownership error. Mrs Struthers Vice Chairwoman/Pathway Committee, expressed hope that the prescrip- tive use of this pathway could continue and, only if not, did the Committee desire a new easement be granted. Follow Ing considerable discussion on the legal implications of the use of this path, consensus of Council was that this subject was not germane to review of the Tentative Map application and, as such, should be handled separately by Staff and City Attorney. Questions followed on the Intent of Condition 2 and well hazards as covered by Condi- tion 8 with Mayor Brown urging Staff to state, in the future, well sizes and struc- tural safety problems, thus enabling full review of these matters. MOTION SECONDED AND CARRIED: Then moved by Councilman Cheney, seconded by Council- woman Hillestad and passed unanimously to add the following sentence to Condition 8: If the wells are to be used, they are to be used only for agricultural purposes. The Ctty Engineer, IR response to Councilman Proft's question, outlined the instal- lation of underground drainage system in lieu of Condition 14. Discussion followed ( on funding with subdivision drainage fees, pedestrian dangers caused by the ditch, an Oak tree Impeding the channel and Increased flow which may result as subdivisions In the area are built. Consensus was to leave Condition 14 as it was and, should it later seem necessary, consider undergrounding the drainage at 8 subsequent improve- ment project done by the Town, utilizing fees on deposit. -3- CITY COUNCIL MINUTES - March I, 1978 E. SPECIAL ORDERS: (Continued) 2. b) LANDS OF BLEDSOE (Continued) Councilman Proft questioned the no vehicular access lines shown in front of the drive- way for Lot 5 on the Tentative Map and was advised of an error, therefore, these hash marks should be removed from the Map. Councilman Cheney then asked about leaving the overhead utility pole serving Lot 5 with Staff and Applicant response that under - grounding of utilities for that Lot will be accomplished at time of further subdivision. MOTION SECONDED AND CARRIED: Moved by Councilman McReynolds, seconded by Councilman Cheney and carried unanimously to approve LANDS OF BLEDSOE, File TM #2070-77, subject to conditions as recommended by the Planning Commission and, as amended above. c) Request for Tentative Map Approval, LANDS OF MUELLER, File TM #2072-77. MOTION SECONDED AND CARRIED: Following Introduction of this proposed three lot sub- division by the City Manager, It was moved by Councilman McReynolds, seconded by Councilwoman Hiilestad and passed unanimously to adopt a Negative Declaration for LANDS OF MUELLER, File TM #2072-77. Mrs. Mueller, Applicant, in response to Councilman McReynolds' question, stated she would like the option of keeping the well on Lot 4. MOTION SECONDED AND CARRIED: Moved by Councilman McReynolds, seconded by Councilman Cheney and carried unanimously to amend Condition 5 to read: If the Applicant pro- poses to abandon the existing well located on the proposed Lot 4, it shall be filled according to Santa Clara Water District Standards (Ordinance No. 232, Section 9-4.1110) prior to the Issuance of a building permit for Lot 4. If the well is to be used, It shall be used only for agricultural purposes. Mrs. Struthers, Vice Chairwoman/Pathway Committee, advised of a pathway recommendation along the easterly side of the Mueller property with future connections over the Alexander and Casterson properties. Commissioner Perkins detailed Planning Commission consideration of this late to arrive recommendation and the lack of clear cut direction rendering It unfeasible. Mrs. Mueller, Applicant, stated her objections based on steepness of terrain, lack of privacy for residents and the encumbrance of two other pathways through her property. Consensus of Council was to leave pathway conditions as recommended by the Planning Commission. Discussion followed on the removal of portable buildings on Lot 5 and drainage problems which would be handled by the improvement plans. MOTION SECONDED AND CARRIED: Thereafter, moved by Councilwoman Hillestad, seconded by Councilman McReynolds and passed unanimously to approve LANDS OF MUELLER, File TM #2072-77, subject to conditions as recommended by the Planning Commission and, as amended above. 3. Request for reconsideration of Negative Declaration, LANDS OF DAWSON, File TM #2073-77. The City Manager Introduced the letter of request from the Applicant and outlined the report compilation that was In the process of being prepared by the Engineer. Council- man McReynolds stressed his concerns for a complete document addressing all environ- mental issues with Councilman Cheney stating his objection to any submittal other than an E.I.R. -4- CITY COUNCIL MINUTES - March I, 1978 E. SPECIAL ORDERS: (Continued) 3. LANDS OF DAWSON (Continued) Mr. Nowack Engineer for the Applicant, told of hiring outside consultants for major portions of the work and the upcoming consolidation of all material prepared. Mr. Hatfield Priscilla Lane, requested public access to all Information and hoped that the legal requirements of an E.I.R. could be addressed in the document that was being discussed. I Mr. Giller Vinedo Lane, objected to the reconsideration of the Negative Declaration as a legal evasion and, with a subdivision of this size, an E.I.R. should be mandatory. Mrs. Sutton, Non Resident, felt that new legislation at the State level prohibited the "boilerplate" concept in an E.I.R., that the long and short term mitigating measures need be addressed by an E.I.R. and final determination for or against a project could occur only after completion of this process. Council discussion followed on the merits of the Investigation to date, the need to obtain a complete and public document, and procedures Involved regarding the Motion to reconsider. The City Attorney stated the decision to require an E.I.R. rests with the legislative body with guidelines as shown in Resolution #1065. MOTION SECONDED AND CARRIED: Moved by Councilman Proft, seconded by Councilwoman Hillestad and carried by the following roll call vote to reconsider the previous Motion not to adopt the Negative Declaration for LANDS OF DAWSON, File TM #2073-77. AYES: Mayor Brown, Councilmembers Hillestad, McReynolds and Proft. NOES: Councilman Cheney. MOTION SECONDED AND CARRIED: Moved by Councilman McReynolds, seconded by Councilman Proft and passed by the following roll call vote to continue the above Motion to the meeting of April 5, 1978. AYES: Mayor Brown, Councilmembers Hillestad, McReynolds and Proft. NOES: Councilman Cheney. F. NEW BUSINESS: Councilwoman Hillestad requested that the Planning Commission study current road In -lieu fee charges and report their findings back to Council. G. ADJOURNMENT: There being no further new or old business to discuss, the City Council adjourned at 11:30 P.M. to a meeting at 5:00 P.M., March 14, 1978, to canvass election returns. Respectfully submitted, Susan Buttler Deputy City Clerk AU Items appecA as t"ted on the Agenda. -5- CITY COUNCIL TOWN OF LOS ALTOS HILLS 26379 Fremont Road Los Altos Hills, California MINUTES OF AN ADJOURNED MEETING Tuesday, March 14, 1978 cc: Reel 108, Side 2, Tr. I, 024-149 Mayor Keith Brown called the Adjourned Meeting of the City Council to order at 5:25 PM in the Council Chambers of Town Hall. MOTION SECONDED AND CARRIED: Moved by Councilwoman Hillestad, seconded by Councilman Proft and carried unanimously to adopt Resolution #1107 declaring canvass of returns and result of General Municipal Election. Mr. Crowe, in his capacity as City Clerk, administered the Oath of Office to the incum- bent Councilman, Thomas P. McReynolds and the new Councilman, James C. Nystrom. He then awarded them the framed Oaths of Affirmation. Mayor Brown expressed his appreciation for the support he had received the last year. He further stated that he felt that it had been an active and progressive year with many small, but Important Items accomplished. MOTION SECONDED AND CARRIED: Moved by Councilman McReynolds, seconded by Councilman Proft and passed unanimously to vacate the offices of Mayor and Mayor Pro Tem. MOTION SECONDED AND CARRIED: Moved by Councilman Brown, seconded by Councilman Nystrom and carried unanlmously to nominate Councilwoman Hillestad for Mayor. MOTION SECONDED AND CARRIED: Moved by Councilman McReynolds, seconded by Councilman Proft to cast a unanimous white ballot vote electing Councilwoman Hillestad as Mayor for a term of one year. Mr. Poole, Moody Road, presented Mayor Hillestad with a special gavel and stand he had made, outlining the many ways it might be utilized. Mayor Hillestad thanked Mr. Poole for all his efforts in the construction of this beautiful gift. She was further appreciative of the confidence the Council had shown in her and stressed the need to always keep the lines of communication open. MOTION SECONDED AND CARRIED: Moved by Councilman Proft, seconded by Councilman Nystrom and passed unanimously to nom hate Councilman McReynolds for Mayor Pro Tem. MOTION SECONDED AND CARRIED: Moved by Councilman Brown, seconded by Councilman Nystrom to cast a unanimous white ballot vote electing Councilman McReynolds as Mayor Pro Tem for a term of one year. Thereafter, outgoing Mayor Brown was presented with a gavel mounted on a plaque by the Council and an engraved silver platter by the residents for a job well done. Following the necessary seating changes, Councilman Nystrom was named as Council rep- resentative to the Santa Clara Valley Water Commission with other Committee designates to be chosen at a later date. There being no further new or old business to discuss, the City Council adjourned at 5:51 PM to their next scheduled meeting. Respectfully submitted, Susan Buttler Deputy City Clerk