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HomeMy WebLinkAbout01/19/1977` CITY COUNCIL v TOWN OF LOS ALTOS HILLS 26379 Fremont Road Los Altos Hills, California MINUTES OF A REGULAR MEETING cc: Reel 97, Wednesday, January 19, 1977 Side 2, Tr. 2, 001-1003 Mayor Robert Cheney called the Regular Meeting of the City Council to order at 7:30 P.M. in the Council Chambers of Town Hall: A. ROLL CALL: Present: Council Members Brown, Proft, Mayor Cheney Absent: Councilwoman Hillestad Staff: City Manager Robert Crowe, City Attorney Frank Gillio (8:15 PM), City Engineer Alec Russell, City Engineer -Planner John Markl, Planning Commission Representative T. Schick, City Clerk Norma Hislop B. OATH OF OFFICE - COUNCIL -ELECT THOMAS P. McREYNOLDS: Council Member -Elect Thomas P. McReynolds, having filed his Statement of Economic Interest on January 6, 1977, was sworn into office by City Clerk Norma Hislop, after which he took his seat at the Council table, and the f order of business was resumed. �r C. CONSENT CALENDAR: At the request of Mrs. A. Wood, Stonebrook Dr., Item 2 was removed from the Consent Calendar for separate consideration, and Councilman Proft requested the removal of Item 3 d). MOTION SECONDED AND CARRIED: Councilman Brown moved, seconded by Councilman Proft and unanimously carried (Councilman McReynolds abstaining from approval of the Minutes of December 15, 1976 and January 5, 1977) to approve the remaining items on the Consent Calendar, specifically: 1. Approval of Minutes: December 15, 1976 (Regular Meeting as amended) January 5, 1977 (Regular Meeting) 3. Actions of Variance & Permit Commission: Recommended approval of the following requests for Building Site Approval, subject to conditions: a) LANDS OF DOLTON, File NBSA6085-76. b) LANDS OF STOLESEN, File NBSA6087-76. c) LANDS OF HANSEN, Fite NBSA6086-76. 4. Extend fifty -day time period for processing tentative map, WILD BARLEY HILL SUBDIVISION, File HTM2046-76, at request of applicant, to February 18, 1977. L CITY COUNCIL MINUTES - January 19, 1977 APPROVAL OF CONSENT CALENDAR ITEMS (Cont'd): 5. Resolutions for Adoption: a) Resolution #1013 expressing appreciation to Stanley W. Grabowski for his service on the City Council. b) Resolution #1014 commending Supervisor Geraldine Steinberg on her election to Chairman of the Santa Clara County Board of Supervisors. c) Resolution 01015 expressing appreciation to Bicentennial Committee of Los Altos Hills. ITEMS REMOVED FROM CONSENT CALENDAR FOR SEPARATE CONSIDERATION: 1. Approval of Warrants: #34,884.37: Mrs. Alma Wood Stonebrook Drive, requested an explanation of Warrant #1993, an w at t is covere . t the request of Mayor Cheney, City Manager Robert Crowe explained that the amount of $780.00 was the annual membership dues for the Town for belonging to the League of California Cities, and the fee is assessed annually based on the population of the City. Mrs. Wood also expressed concern that the Warrant List did not always show the correct amount of monies issued on the warrant, which created confusion for L persons reading the list. Council Members agreed that they understood that the Warrant List did reflect the correct total of Warrants issued. City Manager Robert Crowe clarified the item in question for Council and the bookkeeping procedures used. Council consensus was that, in the future, the Warrant List reflect the actual dollar amount issued to prevent such confusion. MOTION SECONDED AND CARRIED: Councilman Proft moved, seconded by Councilman McReynolds, and unanimously carried, to approve the Warrant Total in the amount of $34,884.37. 3. Actions of the Variance & Permit Commission: d) LANDS OF CALVO, File #BSA6082-76: recommended granting of Building Site Approval subject to conditions as recommended. Councilman Proft wished to change the first word in Condition #6 of the approved Check List from "Obtain" to "Dedicate." Councilman Proft also noted the absence of a map showing possible future sub- division of this property, and Staff should be looking at this when such property came in for building site approval. He suggested that such a map be attached to the information coming to Council for consideration as an Appendix to the other pertinent information relative to the property. Council questioned whether such a requirement could be imposed under the present Subdivision Ordinance, to which Mr. Crowe responded affirmatively. Council agreed that, in the future, such a requirement should be imposed on any property requesting building site approval which was further subdividable. -2- CITY COUNCIL MINUTES - January 19, 1977 L ITEMS REMOVED FROM CONSENT CALENDAR (Cont'd �r LANDS OF CALVO (Cont'd): Councilman Proft suggested that such a map be included as "Appendix 4" of the request for Building Site Approval, LANDS OF CALVO. Speaking from the Floor: Mrs. Diana Miller, Vista del Valle: Recalled that when Lands of Horton was before Council for a similar consideration, that Council had imposed such a condition, and she had understood that such a requirement would be imposed on all such properties in the future. Councilman Proft moved, seconded by Councilman Brown, and unanimously carried to approve the request for Building Site Approval, LANDS OF CALVO, File # BSA6081-76, as recommended by the Variance and Permit Commission, and as amended by changing the first word in Condition #6 and requiring the addition of Appendix #4, a map showing the possible future subdivision of the parcel. D. SPECIAL REPORTS: 1. Reports from Environmental Design Committee - Mr. Chris Smith, Chairman: a) Recommendation on Westwind property buffer. Mr. Smith stated that the Committee had met and had considered the proposal of the adjacent property owner of the Westwind Barn that the Town participate in the building of a fence as a buffer between the properties instead of planting a row of pine trees as previously authorized by Council. In light of the fact that five gallon trees would take a number of years to achieve the growth necessary to be a good buffer, the Committee recommended that the Town participate in the building of this fence instead. Speaking from the Floor: Mrs. Alma Wood, Stonebrook Dr.: Noted that the fence was already installed between the properties. Mayor Cheney noted that the question before Council at the present time was whether or not Council wished to reimburse the property owner for a share of the fence he built at his expense. Councilman Proft moved, seconded by Councilman Brown, to authorize the issuance of a warrant to Mr. Zenger for $600.00 as the Town's participation in the construction of a fence along the northerly boundary line of the Westwind Barn property. Motion carried unanimously. b) Town Entrance Sign design. Mr. Smith stated that,as a result of the Committee's last presentation to Council pertaining to Town Entrance Signs and the concerns over the cost and structural stability of the signs, the Committee had had the signs re -designed t for more stability, and for a cost in line with the monies which had been budgeted for such an expenditure. He noted the new design and the report submitted by Mr. Markl relative to the structural quality. Mr. Smith stated that the cost quoted the Committee for four such signs was $1,997 plus tax -3- CITY COUNCIL MINUTES - January 19, 1977 SPECIAL REPORTS (Cont'd): Environmental Design Committee (Cont'd): and installation. Council discussion which followed included possible obstacles or barriers which might deter vandalism to the signs. In response to Councilman McReynolds, Mr. Crowe responded that funds for this project had been budgeted this year. Councilman Brown moved, seconded by Councilman Proft to accept the proposal of the Environmental Design Committee and authorize the expenditure of $1997 plus tax for the construction of four Town entrance signs. Motion carried unanimously by roll call vote. c) Replacement of trees - Anza Park, Median Strips. Mr. Smith also informed Council that some of the trees and shrubs which had been planted at Anza Park and along the median strips had been lost, and asked Council if they wished the Committee to replace some of the key plants in these areas. He stated that the project would cost approximately $100. Mr. Smith also noted that it was difficult for the Committee to operate with no monies. City Manager Robert Crowe stated that funds were in the budget to replace the plants mentioned, and Council concensus was that the Committee should proceed with the re -planting and replacing of the lost plants. Mayor Cheney also stated that, when the Committee needed such funds in the future, a letter should be written to Council outlining the Committee's needs and recommendations; however, it was not necessary for a Committee member to appear before Council each time that such funds were needed. The Mayor suggested that the Committee begin to think of the projects and funds necessary for the forthcoming Fiscal Year to be submitted to Council for approval. Mr. Crowe stated that it was his intention to request similar information from all Standing Committees and the Planning Commission in the near future. 2. Reports from Ad Hoc Committees: None 3. Presentations from the Floor: a) Mrs. Alma Wood, Stonebrook Drive: Expressed concern over manner in which expenses were reimbursed at Town Hall without proper backup material, in particular expenses incurred by Councilmen. Discussion ensued between Council and Staff regarding present procedures, Mayor Cheney noting that he had never seen a written policy concerning the reimbursement of expenditures. Council Members agreed that all expenses should be within the framework of guidelines. Pertaining to Conferences and other such expenses, Council and City Manager agreed that these were monies which were approved for expenditure each yearat budget time. Mr. Crowe agreed to prepare such guidelines for the reimbursement of expenses L for consideration by Council at their second meeting in February. -4- CITY COUNCIL MINUTES - January 19, 1977 4 SPECIAL REPORTS (Cont'd): Presentations from the Floor (Cont'd): b) Mrs. M. Gallo LaLanne Court: Stated that a Board Member of the Los Altos Hills ssociation ha cailea Town Hall to obtain a list of employees and their salaries and was told by City Clerk Norma Hislop that she would provide the salary ranges but not the specific salaries of each individual; that this was not public information. On further checking, Mrs. Gallo stated that she had been informed that this information was, indeed, public information and this had been verified by the City Attorney. When she called Town Hall again, Mrs. Gallo stated the information was still refused her by the City Clerk. She expressed frustration in getting information which was a matter of public record. Mayor Cheney stated that the City Manager or City Treasurer should have been queried in this regard. Mr. Crowe noted that residents were permitted to come to Town Hall to examine any record which was not a Personnel record, and to receive a copy of public information for $.10 per copy. E. STAFF REPORTS, CORRESPONDENCE & ANNOUNCEMENTS: 1. City Manager: Report re Anti -Recession Funds. Mr. Crowe reported that funds had been received from the Federal Government to cover on-going programs which might be eliminated by local governments because of the rising inflation costs, and in an effort to keep the unemployment rate from rising. He noted that the funds must be expended for programs established within the previous two years. He therefore requested Council's authorization to use these funds to continue the employment of the temporary Clerk authorized in this year's budget so that records and files could be up -dated and systematized. In response to Council's questions, Mr. Crowe stated that the amounts to be received by the Town were $1,000 each quarter for five quarters. Speaking from the Floor: Mr. William Hahn, Ascension Drive: Asked if these funds related to the Revenue Sharing Report recently published in the Palo Alto Times, to which Mr. Crowe responded that they were not at all related. Mrs. Alma Wood, Stonebrook Drive: Urged caution in accepting federal monies to which "strings" might be attached. Councilman Brown moved, seconded by Councilman McReynolds, to approve the ex- penditure of Anti -Recession funds to continue the employment of the temporary Clerk for the City Clerk's office. Motion carried unanimously by roll call vote. F. SPECIAL ORDERS: 1. Request for waiver of penalty fees - Mr. Frank Gigli. Mr. Crowe stated that an appeal had been received from Mr. Frank Gigli, Elena Road, regarding penalty fees imposed for his failure to obtain a building permit to build a dressing room and retaining wall while installing a swimming -5- CITY COUNCIL MINUTES - January 19, 1977 4W SPECIAL ORDERS (Cont'd): Appeal to waive penalty fees (Cont'd): pool on his property. He stated that the Town's Ordinance requires that such a violation be levied a fee ten times the amount of the permit for such construction. Mr. Crowe stated that Mr. Gigli requested a waiver of such a penalty on the basis that he did not know that such an additional permit was required, and that the pool company had obtained all the necessary permits. Mr. Frank Gigli, Elena Road, addressed Council, stating that it was not his intent to avoid paying for the permit if he had known this was a requirement. In response to Council, Mr. Gigli stated that the bath house he had built was off the pool equipment room, and both it and the retaining wall had been done by his brother and himself. Mr. Crowe stated that the equipment pad had been indicated on the swimming pool plans when approved by the Site Development Committee, but that a permit had been issued for the construction of the pool only. He also said that the wall created a larger flat area around the pool than that which had been approved by the Site Development Committee. Speaking from the Floor: t Mr. Oscar Sobel, Christopher's Lane: In favor of granting appeal. �" Mayor Cheney moved, seconded by Councilman McReynolds to waive the penalty fee levied against Mr. Gigli for violating the Municipal Code, but to levy the charge of a building permit fee as required. Motion carried by the following roll call vote: AYE: Councilmen McReynolds, Proft, Mayor Cheney NO: Councilman Brown ABSENT: Councilwoman Hillestad ABSTAIN: None 2. Santa Clara Valley Water District's Water Saving Program. Mr. Crowe stated that the Santa Clara Valley Water District was requesting the City Councils of the various cities to endorse the Water Conservation Program proposed by the District's Board of Directors which was before Council for consideration this evening. Mayor Cheney also noted that the Board was asking that building codes be amended to provide for water conservation, also, and that the request was not merely for an endorsement of the program presented. Mr. Crowe noted that the adoption of code changes would not be requested by the District until such time as these measures became necessary. After discussion, Council concensus was that no action should be taken until F this matter came before the Inter -City Council for discussion and consideration. CITY COUNCIL MINUTES - January 19, 1977 SPECIAL ORDERS (Cont'd): Water Conservation Program (Cont'd): Councilman McReynolds moved, seconded by Mayor Cheney, to table action on the Santa Clara Valley Water District's Conservation Program until it is reviewed by the Inter -City Council. Motion carried by the following roll call vote: AYE: Councilmen Brown, McReynolds, Mayor Cheney NO: Councilman Proft ABSENT: Councilwoman Hillestad ABSTAIN: None 3. Country Way Subdivision, File NTM2041-76, request for Tentative Map Approval. Mr. Crowe stated that the Planning Commission recommended approval of the tentative map for the Country Way Subdivision subject to conditions . City Engineer Alec Russell presented viewgraphs of the proposed tentative map, indicating changes in the grading of the road from the previous map submitted, the changing of Country Way to a public road to a certain point, after which it would become a private road accommodating seven homes. He also stated that the map before Council was in accordance with the State Map Act and the Town's Subdivision Ordinance. Councilman McReynolds pointed out Lots 2 and 16 on the tentative map, stating that, if you drew a 160 foot circle thereon, taking into account the setback requirements and the fault line, there would be no building site on these lots. He stated that these lots would almost automatically require a variance in order to be able to build upon. He said that, because of the configuration, should a person desire a tennis court or swimming pool in addition to a home, a variance would be required for certain. He stated that, if the Town were going to create lots that were to automatically require such variance requests, even though they might seem to comply with the present Subdivision Ordinance and General Plan, such lots were defeating both Ordinance and General Plan. Council- man McReynolds noted the similar problem on Lot 1, and based on these reasons, he was not prepared to support this tentative map. He felt that,if such a map were approved, the Town would be remiss in upholding its Ordinances, regardless of the numbers the mathematicians came up with. Councilman McReynolds also stated that, as far as he could see, nothing had been done to clear up the problems which had been expressed when the tentative map submitted previously on this property had been denied, such as the grade of the road, emergency vehicle access, and the road design. When asked whether discussions had been held at the Planning Commission which addressed the concerns expressed regarding this property, Commissioner Schick stated that the Commission had been assured that the map complied with the L Subdivision Ordinance; that no variances were built into any lot; that the final v improvements would be prepared in accordance with the Town standards and the Soils Report prepared by Jo Crosby & Associates. She stated that the members of -7- CITY COUNCIL MINUTES - January 19, 1977 4JW SPECIAL ORDERS: Country Way Subdivision - request .for tentative map approval: (Cont'd) the Planning Commission had explored all avenues in discussing this map now before Council. Councilman Proft requested to know about the fault traces on the property and how they would fall into the setback requirements. City Engineer Alec Russell stated that variances would not be required for houses on the lots as presented; however, if a property owner desired a swimming pool, tennis court, stable, or amenities such as these, a variance would be required. Speaking from the Floor: Mr. Don Baht, developer of the property, stated that he had no objections to any of the conditions recommended by the Planning Commission. Mrs. Diana Miller, Vista del Valle: Stated that one of the main reasons for writing the new Subdivision Ordinance was to address such problems and concerns as those expressed this evening, and stated that the proposed map missed the intent of that Ordinance. Mayor Cheney stated that he had been opposed to this map when previously sub- mitted; however he felt that the problems he had been concerned over, such as 4omap, vehicle access, had been addressed. He moved to accept the tentative map, Country Way Subdivision. His motion failed for lack of a second. Councilman McReynolds stated he did not feel that the emergency vehicle access had been completely resolved, and the only difference he could see was that another lot had been created. Councilman McReynolds moved, seconded by Councilman Proft, to deny without prejudice the Country Way Subdivision, Fite HTM2041-76, because the proposed subdivision is not physically suited to the topography of the land, and the density of the proposed subdivision is not suitable to the topography or geologic conditions of the area. Motion carried by the following roll call vote: AYE: Councilmen Brown, McReynolds, Proft NO: Mayor Cheney ABSENT: Councilwoman Hillestad ABSTAIN: None. Commissioner Schick stated that she would like to have some guidelines from the Council as to what the Planning Commission should be looking at when the matter comes again before the Commission. Councilman McReynolds suggested that the Commission look at Lots 1, 2 and 16, their configuration, size and shape and the slope of those areas, which are not particularly suitable for building sites. He thought that removing several lots, E or realigning them, would improve that condition. He stated that the way the 4r road, Country Way, was laid out, it created odd -shaped lots with the earthquake fault going through both lots, further restricting them. He said that the three lots in question were lots with large setbacks, steep inclines on two of them, and a fault trace going through two lots. If these could be adjusted by possibly -8- CITY COUNCIL MINUTES - January 19, 1977 SPECIAL ORDERS (Cont'd): Country Way Subdivision - request for tentative map approval (Cont'd): reducing the number of lots, he thought there would be a much better sub- division, and one that would be acceptable. Commissioner Schick stated that the Commission thought the problem of the fault traces had been resolved by imposing Condition #12, in that the buyer of the property would be aware that certain lots would not accommodate a pool, stable, or tennis court. However, Councilman McReynolds cited the conditions in the Municipal Code under which a variance could be granted, and stated that the existence of special circumstances would allow for such a variance being granted to the property owner. G. GENERAL ORDERS & UNFINISHED BUSINESS: 1. Committee Appointments: a) Pathway Committee: (Two vacancies) Councilman Brown moved, seconded by Mayor Cheney to appoint Mrs. Joanne O'Such, Robleda Court, to the Pathway Committee for a term expiring June 30, 1978. Motion carried unanimously by roll call vote. ` Mayor Cheney moved, seconded by Councilman Proft, to appoint Mrs. Mary Stutz, Elena Road, to fill the unexpired term of Mrs. Cindy Hettinger to June 30, 1977. Motion carried by the following roll call vote: AYE: Councilmen McReynolds, Proft, Mayor Cheney NO: Councilman Brown ABSENT: Councilwoman Hillestad ABSTAIN: None b) Public Works Committee (District #2 - Councilman McReynolds) Councilman McReynolds submitted the name of Mr. William Pierce, Manuella Road, to fill the unexpired term of Mr. J. F. Hasslein to June 30, 1977. Motion carried unanimously by roll call vote. c) Environmental Design Committee: (One vacancy) Mayor Cheney moved, seconded by Councilman Proft, to appoint Mrs. Artemas Ginzton, Natoma Road, to fill the unexpired term of Mr. Phil Zahl on the Environmental Design Committee to June 30, 1977. Motion carried unanimously by roll call vote. d) Traffic & Public Safety Committee: (One vacancy) City Clerk Norma Hislop announced that no further applicants had been f forthcoming to fill the vacancy on this Committee. Council deferred v appointment and requested that Staff inform the newspapers so that interested residents might be apprised of the opening. -9- CITY COUNCIL MINUTES - January 19, 1977 `. GENERAL ORDERS (Cont'd): Committee Appointments (Cont'd): e) Legislative Review Committee: A communication had been received from Councilwoman Hillestad this week informing Council of the resignation of Mrs. Pearl Duhamel from the Legislative Review Committee because of schedule conflicts. Council requested that the vacancy existing on this Committee also be announced so that candidates might apply to fill the vacancy. H. NEW BUSINESS: 1. Councilman McReynolds: a) Suggested that Council set a mandatory adjournment time for Council meetings for 11:30 P.M. He also thought that times should be established and adhered to for major items appearing on the Council agenda. Council agreed that such a policy had been established regarding adjournment times; that major items were assigned tentative hearing times, but through an oversight, they were missing from this evening's Agenda. Council concensus was that such times should be strictly adhered to as closely as possible. 4 b) Because the time was approaching when Council would be considering the Budget for FY 77-78, Councilman McReynolds suggested that the Planning Commission and Standing Committees submit information to Council regarding the projects they planned for the forthcoming year in detail as to their plans, monies needed, Administrative needs, etc. for consideration during Study Sessions. Council agreed and requested that the City Manager direct a letter to all concerned requesting this information. 2. Mayor Cheney: Called Council's attention to a letter from Mrs. Pering regarding the parking of recreation vehicles. Councilman Brown recalled that the Planning Commission had had some discussions on this matter previously, but no recommendations had been made to Council. Council concensus was to forward the letter to the Planning Commission requesting that they study the matter of parking recreational vehicles on private property and return their recommendations to Council for consideration. 3. City Manager: Asked for Council consideration of a Resolution designating the City Manager as the Town's authorized representative to purchase surplus equipment from the State for emergency purposes. Mayor Cheney requested that this matter be scheduled for consideration at the next meeting of Council. H. ADJOURNMENT: Council adjourned at 10:30 to Executive Session and returned to a&J-ournto their next Regular Meeting at 11:30 P.M. The Executive Session was 4 for Personnel & Litigation purposes. Respectfully submitted, Norma J. Hislop -10- City Clerk