Loading...
HomeMy WebLinkAbout06/01/19774W CITY COUNCIL TOWN OF LOS ALTOS HILLS 26379 Fremont Road Los Altos Hills, California MINUTES OF A REGULAR MEETING Wednesday, June 1, 1977 cc: Reel 102, Side 1, Tr.,1 - 642 -End; Side 2, Tr. 1 - 001-261 Mayor Keith Brown called the Regular Meeting of the City Council to order at 7:34 P.M. in the Council Chambers of Town Hall: A. ROLL CALL: Present: Council Members Cheney, Hillestad, McReynolds, Proft, Mayor Brown Staff: City Manager Robert Crowe, City Attorney Frank Gillio, City Engineer Alec Russell, City Planner John Markl, Commissioner Stewart for Planning Commission, City Clerk Norma Hislop Press: Palo Alto Times - Ms. Ellen Norman S.J. Mercury -News - Ms. Becky Lavaly B. CONSENT CALENDAR: 4 At the request of Mr. L. Giller, Vinedo Lane, Item B2 was removed; Mr. Robert Sheble, applicant, requested the removal of Item 3 b); and Mayor Brown requested that Item 3 a) be removed from the Consent Calendar for separate consideration. MOTION SECONDED AND CARRIED: Councilwoman Hillestad moved, seconded by Councilman Proft and unanimously carried to approve the remaining items on the Consent Calendar, specifically: 1. Approval of Minutes: April 20, 1977 (Regular Meeting) May 4, 1977 (Regular Meeting) 3. Actions of Variance & Permit Commission: c) California Water Service Company request for variance from setback line requirements on water storage tank, File #VAR7038-77. 4. Actions of Planning Commission: California Water Service Company, request for Conditional Use Permit for water storage tank (replacement), File #CU8023-77. 5. Resolutions for Adoption: a) Resolution #1032 establishing amount of Path -In -Lieu Fees to be collected for Subdivision of Land. CITY COUNCIL MEETING - June 1, 1977 CONSENT CALENDAR (Cont'd): b) Resolution #1033 ordering the reduction of Assessment #287, Sewer Assessment District #9. c) Resolution #1034 accepting certain streets on behalf of the public (Los Altos Villa, Book "0" of Maps, Page 41). d) Resolution #1035 accepting certain easements on behalf of the public (Rhus Ridge Ranchos, Tract #4169). 6. Motions for Adoption: a) Granting time extension of 30 days for filing tentative map, Gerard Homes - Adobe Creek, File #TM2061-77. b) Setting June 15th as date for hearing request for tentative map approval, LANDS OF BERGER, File #TM2058-77. ITEMS REMOVED FROM CONSENT CALENDAR FOR SEPARATE CONSIDERATION: 2. Approval of Warrants: $55,652.93 Mr. Larry Giller, Vinedo Lane, requested an explanation of Warrant #2474, to which City Manager Robert Crowe responded that the warrant covered the expenses of a recent trip to Sacramento by himself and several members of the Legislative Review Committee for the hearing of a pending bill pertaining to property taxes. Mrs. Oscar Sobel, Christopher's Lane, in response to her question on Warrant #2429, was informed that the $4,100 was part of those monies which had been approved by the City Council in a previous action for Westwind Barn improvements. Mrs. Sobel also commented that she felt the monies spent by the Town for their recent newsletter was an unnecessary expense. Mr. Crowe also responded that Warrant #2423 was for the purpose of purchasing watering troughs for the Westwind Barn, in reply to Mr. Biller's inquiry, and stated that the $100 checks for vehicle reimbursement were monthly for travel to various meetings by Council Members in reply to a. query from Mr. Gene Smith, Moody Court. 3. Request for Building Site Approval - Iverson & Del Secco, #BSA6093-77: Mr. Robert Sheble, applicant, stated that he was requesting reconsideration of the road in -lieu fees as a condition to granting his building site approval, because of the shape of his lot which required fees to be paid over a portion of the road which he would not be using. For this reason, he felt the fees imposed were inequitable. Discussion of the question which ensued concerned reason for the fees, the natural swale which existed on the property, and the fact that this was a lot from which the Town had acquired property for the purpose of widening a portion 4r of Elena Road, thus creating a sub -standard lot. At the request of Councilman Proft, fault traces running close to the property were pointed out by City Planner John Markl. -2- 40 6V CITY COUNCIL MINUTES - June 1, 1977 ITEMS REMOVED FROM CONSENT CALENDAR (Cont'd): Lands of Iverson -Del Secco (Cont'd): Councilman Proft did not feel that the property in question was a stable building site because of the faults present in the area, the natural swale, and the driveway, to which Councilman McReynolds agreed. In response to Councilman McReynolds, Mr. Crowe stated that maps had been rejected by the Site Development Committee previously if problems such as drainage were not properly addressed. Councilman Cheney moved, seconded by Councilwoman Hillestad, to amend Condition 9 b), Road -In -Lieu fees, to require the payment of $3.50/ft. for 250 feet. Motion carried by the following roll call vote: AYE: Council Members Cheney, NO: Councilman Proft ABSTAIN: None ABSENT: None Hillestad, McReynolds, Mayor Brown Councilman Cheney moved, seconded by Councilwoman Hillestad, to approve the request for building site approval, Lands of Iverson -Del Secco, File #BSA - 6093 -77, as recommended by the Planning Commission and as amended by Council (above). Motion carried by the following roll call vote: AYE: Council Members Cheney, NO: Councilman Proft ABSENT: None ABSTAIN: None Hillestad, McReynolds, Mayor Brown MOTION SECONDED AND CARRIED: Councilman Cheney moved, seconded by Councilwoman Hillestad to approve the remaining item removed from the Consent Calendar, the Warrant Total of $55,652.93. Motion carried unanimously by roll call vote. Mayor Brown noted that Item B 3 a) scheduled on this Agenda was a clerical error, and that the matter (Lands of Mourad) was still at the Planning Commission level. C. SPECIAL REPORTS: 1. Reports of Standing Committees: None 2. Reports of Ad Hoc Committees: None 3. Presentations from the Floor: a) Mrs. Elsa Pering, Via Ventana: Complained of recreational vehicle owned by a neighbor, which was kept parked adjacent to her property, thereby creating a visual nuisance for her family. She also pointed out that, in order to park the vehicle in this particular location, it necessitated the owner using a pathway, which she thought was in violation of the Municipal Code. Council discussed this matter with Staff and Planning Commissioner Stewart relative to possible actions which might be taken, including screening requirements, amendment to the Code to require housing for such vehicles, -3- CITY COUNCIL MINUTES - June 1, 1977 PRESENTATIONS FROM THE FLOOR (Cont'd): and discussions relative to the present Code which allowed parking of vehicles up to the property line. After discussion, Council concensus was to direct Staff to look into the complaint of Mrs. Pering, study the matter of recreational vehicle parking on properties within the Town, and report back to Council at the next regular meeting. b) Mr. Eugene Smith, Moody Court: In response to Mr. Smith's request for the present status of property on which the Town had an option to purchase for open space purposes, City Attorney Frank Gillio summarized his recent report to Council on the contents of the Agreement. He stated that the way the Option was worded, the Town had to notify the owner of the property of the Town's intent to exercise the option six months prior to the fact; that the owner then had six months to file a tentative map for the balance of the property; and that, In fact, the Town could not exercise the option to purchase until such map had received approval of the Council. Because the owner had not yet filed a tent- ative map, the option could not be exercised. Mr. Smith expressed concern about the flood plain of Moody Creek and what would happen to properties in the area if more homes were built in the area the neighbors, until now, had assumed would be kept in open space. In response to the question of Mrs. Diane Miller, Vista del Valle, Mayor Brown stated that any depositions from former Council Members who remembered the events which transpired at the time this matter was before Council would be appreciated by Council. Mayor Brown also stated that, at the present time, the position of Council in regard to the matter was not known, and therefore, could not respond to the concerned residents of the area. This statement was made in response to the concern expressed by Mrs. Florence Fava, Moody Road. D. STAFF - REPORTS, CORRESPONDENCE & ANNOUNCEMENTS: 1. City Manager: a) Mr. Crowe called Council's attention to the fact that terms of appoint- ment for five members of the Planning Commission would be expiring on June 30th this year: Commissioners Carico, Perkins, and Young, in addition to the seat vacated by Commissioner Rydell earlier this year. He stated that two Commissioners had indicated that they would be interested in being reappointed for another term; Commissioner Young had indicated that he would not seek reappointment, and that applications for appointment had been sub- mitted by five residents. Council and Staff discussion ensued regarding the Ordinance creating the Planning Commission and the fact that it failed to set the terms of the Commissioners, Council Members expressing concern that the majority of terms were expiring at the same time, and corrective measures which could be taken to prevent this from occurring in the future. Councilman McReynolds stated that the Town deserved the best qualified people on the Commission because the major portion of planning work was yet to be done, and suggested that an amendment to the Planning Commission Ordinance be drafted by the City Attorney for presentation to the Council at their next meeting which would set the terms for the Commission, which he suggested be four years, and that the wording be so that terns were more staggered to pre- -4- CITY COUNCIL MINUTES - June 1, 1977 4W STAFF - REPORTS, CORRESPONDENCE & ANNOUNCEMENTS (Cont'd): preclude the number of terms from expiring at the same time. Council concensus was that two terms might expire in 1978; two in 1979; two in 1980; and one in 1981, which would provide more continuity within the Commission. After discussion, Council requested that the City Attorney present such an amendment to the Ordinance for consideration by Council at their next Regular Meeting. b) Mr. Crowe also announced that several terms would expire on the various Standing Committees, and that this matter would be placed on the next Council Agenda for action. E. SPECIAL ORDERS: 1. LANDS OF SISSON, File #FM3036-77 - Request for Final Map Approval: Mr. Dennis Ahlgren, Engineer representing the applicant, addressed Council concerning the requirements of the Flood Control District with regard to subject property, and City Engineer explained the essential differences between the tentative map and the final map in response to Council',s inquiry. Councilman Cheney moved, seconded by Councilwoman Hillestad, to adopt Resolution #1036 approving Final Map and authorizing execution of subdivision Agreement, LANDS OF SISSON, File #FM3036-77, subject to compliance with conditions imposed 4W by the S.C. County Flood Control District. Motion carried unanimously. Councilman Cheney moved, seconded by Councilwoman Hillestad, to adopt Resolution #1037 approving and authorizing Road Maintenance Agreement, LANDS OF SISSON, File #3036-77. Motion carried unanimously by roll call vote. 2. Security Services Contract Renewal - Penfold Associates: Councilman Cheney stated that he felt this matter should be put over pending a report from the Sheriff's Department relative to charges which had been filed regarding Mr. Penfold's use of the Purissima Hills Water District gas pump. Councilman McReynolds responded that Councilman Cheney had been assigned as a member of the Council Subcommittee to investigate this matter by a previous Council and that he thought this matter should be cleared at this point. Councilman Cheney stated that he did not believe he had been assigned to clear this matter up. Councilman McReynolds moved, seconded by Councilwoman Hillestad, to adopt Resolution #1038 approving and authorizing execution of Agreement between the Town and Penfold Associates to June 30th, 1979. In response to Councilwoman Hillestad, Mr. Crowe stated that the contract renewal reflected a 5% increase over the previous contract. The question was called and Councilman McReynolds motion (above) carried by the following roll call vote: CITY COUNCIL MINUTES - June 1, 1977 SPECIAL ORDERS (Cont'd): Renewal of Securitv Services Contract (Cont'd AYE: Council Members Hillestad, McReynolds, Proft, Mayor Brown NO: Councilman Cheney ABSTAIN: None ABSENT: None Councilman Cheney requested that the Minutes reflect that he had voted "No" for reasons expressed in his concerns stated previously. 3. Flood Insurance Study - Dept. of Housing and Urban Development: City Manager Robert Crowe presented the background regarding the Flood Insurance Program of the Federal Government and the reasons why the Department of Housing and Urban Development had undertaken this study. City Engineer Alec Russell explained the nature of the study, the map which had been submitted along with HUD's Report, and the various flood plains of the major creeks within the Town's boundaries. He commented that HUD had done a great deal of work on the Study, and that it was quite accurate. He stated that, while the plan was not geared to all Town's, it was very well presented and he recommended that Council accept the findings of the Department. Councilman Proft moved, seconded by Councilman McReynolds, to adopt Resolution #1039 approving the Flood Plain Study as presented by the U.S. Geological Survey and the Department of Housing and Urban Development. Motion carried unanimously. F. GENERAL ORDERS & UNFINISHED BUSINESS: 1. Appeal on pathway requirement - Mr. A. P. Chan: City Manager Robert Crowe explained that Mr. Chan was appealing an easement which had been dedicated for pathway purposes along 10 feet of the back of his property on the basis that no easement existed on the property next to his, which property was not further subdividable. Mr. A. P. Chan, applicant, addressed Council concerning his appeal, stating that the path did not connect to another pathway, but also the fact that it was very close to his home. Council discussion ensued between applicant, Staff, and the Chairman of the Pathway Committee, Mrs. E. Fiksdal. Mrs. Fiksdal stated that the Pathway Committee would like to find a viable alternative route, but finding this would take some time. She requested that Council take no action on the appeal until the Committee had had a chance to propose an alternative route for Council's consideration. Councilman Cheney moved, seconded by Councilman McReynolds, to postpone con- sideration of the appeal by Mr. Chan for ninety (90) days, to allow Staff and the Pathway Committee to study the matter and present a viable alternative to Council for consideration. Motion carried unanimously by roll call vote. 9.2 CITY COUNCIL MINUTES - June 1, 1977 GENERAL ORDERS (Cont'd): Mr. Robert Stutz, Elena Road, Member of the Pathway Committee, addressed Council supporting the undertaking of a study before any decision was made on Mr. Chan's appeal. 2. Appeal re Council decision on underground utilities - Mr. E. L. Scarff: Mr. Scarff, Manuella Road, addressed Council regarding their recent decision upholding Section 9-4.1105 of the Municipal Code, and denying his appeal relative to underground utilities for his recently approved subdivision. Mr. Scarff stated that he failed to see the wisdom of requiring that two poles be pulled down and, at the same time, requiring that two new poles be erected to service the lots. Council discussion with Staff and applicant concerned the servicing of the lots of the subdivision at present; the possible resubdivision of Lot 4; and the intent of the Town that all utilities would be undergrounded eventually. Councilman Proft moved, seconded by Councilman McReynolds, to deny the appeal of Mr. E. L. Scarff and uphold the conditions as outlined in the check list of approval for his subdivision. Motion carried by the following roll call vote: AYE: Council Members McReynolds, Proft, Mayor Brown NO: Council Members Cheney, Hillestad ABSENT: None ABSTAIN: None 3. Recommendation of appointee to S. C. County Library Commission: Mr. Crowe stated that the Board of Supervisors would be appointing a repre- sentative to fill a seat on the Library Commission. This seat would be filled by an appointee recommended by one of several cities in North County. He stated that Mrs. Ann Throop, Byrne Park Lane, had written a letter to Council indicating that she would like to be considered for this appointment. Council concensus was to direct Staff to prepare a letter to the Board of Supervisors supporting the appointment of Mrs. Throop to the Library Commission. 4. Request for Joint Meeting - Planning Commission: Council Members agreed that, in view of new Commission appointments and Budget Study Sessions, a Joint Meeting should be postponed until after new members of the Commission had been seated. After discussion, the date of Saturday, July 9, 1977, was set for the hour of 9:30 A.M. for a Joint Planning Commission - City Council Meeting. 5. Request for Variance - LANDS OF ANGELL, #VAR 7037-77: At the request of the applicant's attorney, this matter was continued to the next Regular Meeting of Council scheduled for June 15th. -7- CITY COUNCIL MINUTES - June 1, 1977 G. NEW BUSINESS: 1. Bud et Review Dates: Mayor Brown requested that Council schedule dates %r for t e pre m na� iiew of the proposed Budget for FY 1977-78. After dis- cussion, Council concensus was to hold study sessions on the Budget for the following times and dates: Thursday, June 9, 1977 at 4:30 to 6:30 P.M.; and Saturday, June 11, 1977 at 9:00 A.M. CUM 2. Councilm"M"M: Councilman Cheney requested clarification of a letter he state ean a received from the Fremont Fire District regarding the status of certain furniture. To avoid any misunderstanding, he felt this matter should be placed on the next Council Agenda for a report. After discussion between Council Members, Mayor Brown asked whether the City Manager could shed some light on the situation. Mr. Crowe responded that, after the remodeling of the old Council Chambers into offices, the table that was used by Staff, as well as extra folding chairs, were superfluous and there was no storage space for them. Council had therefore given the City Manager permission to dispose of these items. At that time, Mr. Penfold, the Town's Security Officer, was also a consultant to the Fremont Fire District, and the District Board were in need of such items for their meetings. Mr. Crowe stated that he had loaned Mr. Penfold the furniture for the Board's use and safe storage until such time that they might be needed, or sold by the Town. However, since Mr. Penfold was no longer a consultant for the Fire District, the furniture had been returned, and was now being used at the Westwind Barn facility for meetings of the Board of Directors of the Friends of Westwind, Inc. Councilman Cheney stated that he felt that this matter had been clarified to his satisfaction. 3. Santa ClaraCo. Trans ortation Commission: Councilman McReynolds reported to Counc on meet ng s e a attended since his appointment to the Commission. He expressed:great frustration and anger that monies which had been set aside to be used for mass transit were being diverted for other uses by cities to improve intersections, as well as subsidizing the Southern Pacific Railroad to maintain commuter service. Councilman McReynolds felt that the sales tax monies voted on by the people of the County should be used for mass transportation only, and that, as elected representatives of the people in the Town, the City Council should express their concern to the Board of Supervisors. After discussion, Council concensus was that Councilman McReynolds should draft a letter to the Board of Supervisors regarding this matter. 4. Plannin Commission A lications: Council Members agreed to conduct inter- views a t e rest ents w o a submitted applications for appointment to the Planning Commission prior to the Budget Study Session scheduled for Saturday, June 11th, 9:00 A.M. H. ADJOURNMENT: Council adjourned at 10:58 PM to an Adjourned Meeting on Thursday, Jun�t-F Wat 4:30 PM for a Budget Study Session. Respectfully submitted, 19 Norma J. Hislop City Clerk