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HomeMy WebLinkAbout10/05/1977CITY COUNCIL [ TOWN OF LOS ALTOS HILLS 4r 26379 Fremont Road Los Altos Hills, California MINUTES OF A REGULAR MEETING Wednesday, October 5, 1977 cc: Reel 105, Side I, Tr. 2, 355 -End, Side 2, Tr. 2, 001-041 Mayor Pro Tem Lucile Hlllestad called the Regular Meeting of the City Council to order at 7:32 PM In the Council Chambers of Town Hall. A. ROLL CALL 8 PLEDGE OF ALLEGIANCE: Present: Mayor Pro Tem Hillestad, Councllmembers Cheney, Proft and McReynolds Absent: Mayor Brown Staff: City Manager Robert Crowe, City Attorney Frank Gillio, City Engineer Alexander Russell, Engineer/Planner John Markl, Commissioner Stewart for the Planning Commission, Deputy City Clerk Susan Buttler Press: Iver Davidson, Los Altos Town Crier B. CONSENT CALENDAR: Requested by Councilman McReynolds to remove Item 4 a) for separate consideration. MOTION SECONDED AND CARRIED: Moved by Councilman Proft, seconded by Councilman Cheney and carried unanimously to approve the balance of the Consent Calendar, specifically: I. Approval of Minutes: September 21, 1977. 2. Approval of Warrants: $45,849.06. 3. Motions for Adoption: a) LANDS OF COSTELLO, File TM #2067-77, Setting October 19, 1977 as Public Hearing date for appeal. b) LANDS OF FEISTEL, File TM #2063-77, Setting October 19, 1977 as Public Hearing date. 5. Resolutions for Adoption: a) Resolution #1074 establishing the right-of-way width of Magdalena Avenue and prohibition of on -street parking. b) Resolution #1075 approving Increase In Garbage Service Rate Schedule. c) Resolution #1076 considering lot line change, Lands of Freeman. d) Resolution #1077 for the Implementation of Federal Aid -Safer Off -System Roads Program. Thereafter, discussion followed on: 4. a) LANDS OF MARDIROSIAN-THOMAS, File BSA #6089-76, Request for Building Site Approval application. CITY COUNCIL MINUTES - October 5, 1977 S. CONSENT CALENDAR: (Continued) t Councilman McReynolds voiced his concerns regarding the swamplike conditions fir' evident on this parcel, especially during rainy periods. Mayor Pro Tem Hlllestad raised questions on the conservation easement and, also, the drainage problems and discussion followed on the best safeguards to be taken on this matter. MOTION SECONDED AND CARRIED: Moved by Councilman McReynolds, seconded by Council- man Proft and passed unanimously to add a sentence to Condition II: An engineer- ing plan will be developed that assures that the ten year storm waters will not Inundate the structure or prevent normal operation of the septic system and this shall also be reviewed and approved by the City Engineer at the time of site development. MOTION SECONDED AND CARRIED: Thereafter, moved by Councilman Proft, seconded by Councilman McReynolds and carried unanimously to approve Lands of Mardirosian- Thomas, File SSA #6089-76, subject to conditions as recommended by the Variance and Permit Commission and, as amended by Council. C. SPECIAL REPORTS: V. Reports of Standing Committees: None 2. Reports of Ad Hoc Committees: None 3. Presentations from the Floor: None D. STAFF - REPORTS, CORRESPONDENCE 8 ANNOUNCEMENTS: ( I. City Manager: a) Traffic Safety Hazard - Entrance to St. Nicholas School. Mr. Crowe Introduced the letters from those concerned at St. Nicholas School and detailed Staff proposals, specifically, trained crossing guard, signal modifica- tions and arrangements to be made concerning a meeting with CALTRANS officials. Mr. Charles Bodine, President of St. Nicholas Parish Council, spoke as a represen- tative, citing the extreme hazards and Inefficiency of the current crossing guard system. His hope was that this emergency situation could be resolved as quickly as possible. Councilman Cheney questioned the best methods of slowing traffic exiting I.S. 280. Ideas covered included stop sign placement, modification of signal phasing, re- location of crosswalk and heavy patrolling by the Sheriff's department. CarlRudy, School Board President, agreed with the need for a trained crossing guard and heavier Sheriff sT patrol and reiterated the dangers now present. MOTION SECONDED AND CARRIED: Moved by Councilman Cheney, seconded by Councilman Proft and passed unan mously to authorize the hiring of a crossing guard for St. Nicholas School and, for this purpose, allocate $1,000 from the Unappropriated Fund Balance to the General Fund. b) Bid Award - 1977 Street Overlay Program. The City Manager referenced his memo, stating that, due to the excellent bid of $87,165.00, It might be possible to add Byrd Lane, O'Keefe, Summitwood and Tepa to the list for resurfacing. Thereafter, it was determined that any changes to the contract must be made after signing and that the Public Works Committee A%, should be Involved In these changes. -2- CITY COUNCIL MINUTES - October 5, 1977 D. STAFF - REPORTS, CORRESPONDENCE 8 ANNOUNCEMENTS: (Continued) L MOTION SECONDED AND CARRIED: It was moved by Councilman McReynolds, seconded by ` Councilman Proft and passed unanimously to adopt Resolution #1078 awarding the Contract for 1977 Street Resurfacing Project to Raisch Construction. 4W c) Surface Runoff Management Plan - Santa Clara County. Discussion ensued on the application of this plan to the Town and the revision of Item 7 on Page 17 to read as follows: The Association of Bay Area Governments (ABAG) should be designated as the regional agency responsible for disseminating and retaining the various county surface runoff management plans. It was then determined, by concensus, to direct the City Manager to notify the Coordinator for the County of this change. The City Manager then Introduced a letter from E. W. Baca, Engineer for Lands of Hutchins, requesting a time extension. MOTION SECONDED AND CARRIED: Then, moved by Councilman Proft, seconded by Council- man Cheney and carried unanimously to grant a time extension to November 23, 1977 for hearing on Lands of Hutchins, File TM #2053-77 Following clarification by the City Manager of the problems encountered in the granting of easements for the Improvement of East Branch of Barron Creek, the City Attorney outlined the legal procedures to be followed. MOTION SECONDED AND CARRIED: Moved by Councilman Cheney, seconded by Councilman Proft and carried unanimously to adopt Resolution #1079 declaring intent to adopt one or more Resolutions of necessity determining that the public Interest and necessity require the Improvement of East Branch of Barron Creek project; that the project is planned and located in the manner that will be most compatible with the greatest public good and the least private Injury; and that the property sought to be acquired Is necessary for said project, and setting the time and place of a hearing at which persons whose property may be acquired by eminent domain may appear and be heardwlth respect to the matters to be determined. The date set being October 24, 1977 at 5:00 p.m. 2. City Attorney: a) William Spangle 8 Associates, Inc. Agreement. The City Attorney cited the Contractor's unwillingness to sign the current contract containing a Hold Harmless Clause. Councilmembers questioned the necessity of this Clause In this particular Instance and determined to adher to the direction of the City Attorney. MOTION SECONDED AND CARRIED: Moved by Councilman McReynolds, seconded by Council- man Proft and passed unanimously to delete Item 3 on the Contract and approve as amended. E. SPECIAL ORDERS: I. Public Hearings: a) Annexation and Pre -Zoning - LANDS OF PERRETT, 52.83 Acres. (Second Reading) <iS CITY COUNCIL MINUTES - October 5, 1977 E. SPECIAL ORDERS: (Continued) MOTION SECONDED AND CARRIED: Moved by Councilman Cheney, seconded by Councilman Proft and carried unanimously to waive further reading of Ordinance No. 237. MOTION SECONDED AND CARRIED: It was then moved by Councilman McReynolds, seconded by Councilman Proft and passed by the following roll call vote to adopt Ordinance No. 237 amending Section 9-5.303 of Chapter 5 of Title 9 of the Los Altos Hills Municipal Code by providing for the prezoning of certain property. AYE: Mayor Pro Tem Hlllestad, Councllmembers Cheney, Proft and McReynolds NO: None ABSTAIN: None ABSENT: Mayor Brown b) Annexation and Pre -Zoning - LANDS OF PERRETT, 9.09 Acres. MOTION SECONDED AND CARRIED: Moved by Councilman McReynolds, seconded by Council- man Proft and passed unanimously to authorize the filing of a Notice of Negative Declaration for Lands of Parrett, 9.09 Acres, Assessors Parcel No. 336-27-001. MOTION SECONDED AND CARRIED: Then moved by Councilman McReynolds, seconded by Councilman Proft and carried by the following roll call vote to waive further reading and Introduce Ordinance No. 238 amending Section 9-5.303 of Chapter 5 of Title 9 of the Los Altos Hills Municipal Code by providing for the prezoning of certain property. AYE: Mayor Pro Tem Hillestad, Councllmembers Cheney, Proft and McReynolds NO: None L ABSTAIN: None ABSENT: Mayor Brown c) Abandonment of certain easement, Lot 7, Tract 5762. Mr. Saul, Applicant, questioned the fact that this application had taken four months to process and hoped that Council would concur with his wish to save two large oak trees by approving this abandonment. Comments center on how this easement happened In the first place, the fact that approval had been given by all agencies concerned and the effects on emergency access off the Bahl property. MOTION SECONDED AND CARRIED: Moved by Councilman McReynolds, seconded by Mayor Pro Tem Hlllestad and passed unanimously to adopt Resolution #1080 ordering the vacation and abandonment of a certain easement In the Town, under the provisions of the "Public Service Easements Vacation Law". d) Request for Tentative Map Approval, LANDS OF NEWMAN, File TM #2066-77. Questions ra I sed by Counci Imembers concerned further subd i v l dab i l i ty of these parcels and the change In scale of the map before them. It was then detailed by Staff that Parcel I was further subdividable and, in this instance, a 50 scale map could be considered) as the topography had not changed since It had been done. MOTION SECONDED AND CARRIED: Moved by Councilman McReynolds, seconded by Council- man Cheney and carried unanimously that a Notice of Negative Declaration be filed for Lands of Newman, File TM #2068-77. -4- CITY COUNCIL MINUTES - October 5, 1977 E. SPECIAL ORDERS: (Continued) ` MOTION SECONDED AND CARRIED: Then moved by Councilman McReynolds, seconded by Councilman Cheney and passed unanimously to approve Lands of Newman, File TM # 2068-77 subject to conditions as recommended by the Planning Commisslon. e) Request for Tentative Map Approval, LANDS OF GIGLI, File TM #2059-77. The Town Engineer/Planner introduced this item, outlining the panhandle on Lot 5, noise problems caused by the proximity of I.S. 280, the fault trace and wide zone of potential ground rupture and the steeply sloping nature of this area. Paul Nowack, Engineer for the Applicant, asked that Lot 2 be eliminated from Condition 15. Commissioner Stewart explained the Planning Commission's concerns regarding both Lots 2 and 4 and the purpose of Condition 15. MOTION SECONDED AND CARRIED: Thereafter, moved by Councilman McReynolds, secon- ded by Councilman Proft and passed unanimously to amend Condition 15 to read: The factors of ground slope, potential seismic ground rupture and proximity to and noise pollution level of I.S. 280 shall prohibit any further subdivision of Lots 2 and 4. MOTION SECONDED AND CARRIED: Moved by Councilman Cheney, seconded by Mayor Pro Tem Hillestad and carried unanimously that a Notice of Negative Declaration be filed for Lands of Gigli, File TM #2059-77. MOTION SECONDED AND CARRIED: It was then moved by Councilman McReynolds, seconded by Councilman Proft and passed unanimously to approve Lands of Gigli, File TM # L 2059-77 subject to conditions as recommended by the Planning Commission and, as amended by Council. F. NEW BUSINESS: Councilman Cheney cited the recent publicity regarding property taxes and offered to arrange for a speaker at the next Council meeting to discuss "Initiative Con- stitutional Amendment - Property Tax Limitation". Mayor Pro Tem Hillestad requested the City Manager install a curve sign on EI Monte, by Foothill College, as a preventative measure against the number of accidents occurring in that area. Councilman Proft asked that the Clty Attorney initiate a change to Section 9-5.503 of the Municipal Code prohibiting concrete or cement block walls around subdivisions. G. ADJOURNMENT: There being no further new or old business, the City Council adjourned at 9:58 PM to their next Regular Meeting, October 19, 1977. Respectfully submitted, Susan Buttler Deputy City Clerk 116, Ate Items appear at tia.ted on .the Agenda. Y ISS