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Home My WebLink About12/21/1977CITY COUNCIL `,. TOWN OF LOS ALTOS HILLS 26379 Fremont Road Los Altos Hills, California MINUTES OF A REGULAR MEETING Wednesday, December 21, 1977 cc: Reel 106, Side 2, Tr. 2, 255 -End; Reel 107, Side I, Tr. I, 001-300 Mayor Keith Brown called the Regular Meeting of the City Council to order at 7:31 PM in the Council Chambers of Town Hall. A. ROLL CALL $ PLEDGE OF ALLEGIANCE: Present: Mayor Keith Brown, Counclimembers Cheney, Hillestad, McReynolds and Proft Absent: None Staff: City Manager Robert Crowe, City Attorney Frank Gilllo, Engineer/ Planner John Marki, Commissioner Perkins for the Planning Commission and Deputy City Clerk Susan Buttler Press: Iver Davidson, Los Altos Town Crier and Richard Hanner, Palo Alto Times B. CONSENT CALENDAR: `, MOTION SECONDED AND CARRIED: It was moved by Councilwoman Hillestad, seconded by Councilman Proft and carried unanimously to approve all Items on the Consent Calendar, specifically: I. Approval of Minutes: December 7, 1977 2. Approval of Warrants: $33,596.42 3. Motions for Adoption: a) LANDS OF HUTCHINS, File TM #2053-77, Motion setting January 4, 1978 as the Public Hearing date. C. SPECIAL REPORTS: I. Reports of Standing Committees: None 2. Reports of Ad Hoc Committees: Councilman McReynolds told of the most recent developments at the Transportation Agency and the decision to utilize diesel powered buses in the future. 3. Presentations from the Floor: None D. STAFF - REPORTS, CORRESPONDENCE 8 ANNOUNCEMENTS: I. City Attorney: a) Report on Security Contract. Mr. Gllllo summarized his written report before Council, concluding that: (1) If authorization was given by the 1974 Council to Mr. Penfold to obtain gasoline from the Water District gas pump In lieu of a pay raise, it was verbal only; (2) Mr. Penfold obtained gasoline at Town expense from the Water District gas pump between July 1974 and March 1976 and at his own expense thereafter until May 1976; CITY COUNCIL MINUTES - December 21, 1977 D. STAFF - REPORTS, CORRESPONDENCE 8 ANNOUNCEMENTS: (Continued) `• I. City Attorney - Report on Security Contract (Continued). (3) No contract existed between the Town and Mr. Penfold between July I, 1975 and March 3, 1976, however, he continued to perform services and receive compensation as outlined In the original Agreement, and; (4) Between July 1974 and March 1976, Mr. Penfold obtained gasoline In the belief that as reported to him by the then City Manager, the City Council had authorized gasoline in lieu of an Increase In the compensation being paid to him. Finally, Council determination should be made as to whether an oral agreement had been executed and the subsequent use of gaso- line was for public purpose with no gift of public money or thing of value involved. Council then discussed the merits of an oral agreement, the good faith shown by Mr. Penfold In keeping records of all gasoline purchases and the changes in bookkeeping practices to eliminate these types of problems. MOTION SECONDED AND CARRIED: Moved by Mayor Brown, seconded by Councilman McReynolds and passed unanimously that the gasoline used by Mr. Penfold was In the performance of his contract, for a public purpose, and that no gift of public money or thing of value was involved. b) Accident Claim No. B950A 727994. MOTION SECONDED AND CARRIED: Following Introduction by the City Attorney, it was moved by Councilman Proft, seconded by Councilman McReynolds and carried unanimously to reject the Accident Claim and forward to the Town's Insurance carrier for pro- cessing. E. SPECIAL ORDERS: I. Request by Applicant for deletion of Condition - LANDS OF UNGERMANN, File BSA #6079-76 (continued from last meeting). The City Manager outlined the original request and the letter from the Agent for the Hortons detailing the original easement offer, the cost Involved, the sub- sequent desire of the Ungermann's to sell the property and the Horton's feelings regarding this change In plans. Council then discussed alternate means of access, the environmental problems caused by the Chaparral Way ingress, the legal ramifi- cations Involved and how to resolve this issue without Inflicting undue hardship on the parties Involved now and in the future. MOTION SECONDED AND CARRIED: It was then moved by Councilman McReynolds, seconded by Councilman Proft and passed unanimously to deny the request for deletion of Condition II and, should the applicant wish to reprocess the Building Site Approval request in the future (showing an alternate means of access), all fees would be waived. F. GENERAL ORDERS 8 UNFINISHED BUSINESS: I. Report on Adobe Creek Country Club - Compliance with Conditional Use Permit. The City Attorney Introduced his report and comments thereafter centered on the leniency the Town had exhibited in granting time extensions, the number of condi- tions still not In compliance, the serious question of type of management opera- tion currently running the Club and the legal steps necessary to rectify these problems. MOTION SECONDED AND CARRIED: Moved by Councilman McReynolds, seconded by Council- woman Hillestad and carried unanimously to adopt Resolution #1091 declaring Adobe Creek Country Club to be in breach of and to have failed to perform conditions of Use Permit, and directing giving of notice to correct breach and failure to perform. -2- CITY COUNCIL MINUTES - December 21, 1977 F. GENERAL ORDERS 8 UNFINISHED BUSINESS: (Continued) `r 2. Standing Committee Appointment. MOTION SECONDED AND CARRIED: It was moved by Councilwoman Hillestad, seconded by Councilman McReynolds and passed unanimously to appoint Mrs. Julie B. Stearns to the Environmental Design Committee. 3. Report by Councilwoman Hillestad on Commission and Committee Organization. Councilwoman Hillestad referenced the organization chart and accompanying page of explanation stating the need of committee members now and future members for an outline of duties and reporting responsibilities. Commissioner Perkins agreed with this need, but felt emphasis should be placed on information reporting by each committee, designating the nature of what was required and the responding body. Consensus was to continue this item and Include a Communications Flow Chart in the next discussion. G. NEW BUSINESS: Report by Councilman Cheney on Ad Hoc Committee on Finance Councilman Cheney detailed three areas this Committee could be Involved in as: (1) Act as an advisory body to the City Council; (2) Review and evaluate the Town's current financial status, and; (3) Prepare a draft of the 1978-79 Budget. Council- man McReynolds questioned these Items and stated that Council did and should per- form these responsibilities. Discussion followed with Councilman Cheney reiterating his feelings that a Finance Committee would expedite and Improve efficiency In the three mentioned areas. Consensus of Council was that a need did not exist, at this time, for an Ad Hoc Committee on Finance. 2. Memo from the Planning Commission on Revisions to Ordinance No. 232. Thorough discussion followed Commissioner Perkins introduction with the actions listed below taken: AMENDED AND APPROVED: Section 9-4.506 to read: (7) A number for each lot, approx- imate dimensions of the lots, Including frontage, depth, width and gross and net area of each lot to the nearest hundredth (.01) of an acre. Each lot shall have Inscribed therein a circle, one hundred sixty feet (160') in diameter, which Includes a building site. AMENDED AND APPROVED: Section 9-4.603 to read: (a) Each lot shall contain a one hundred sixty foot (1601) circle inscribed totally within its boundaries. In addition to containing a building site, said circle shall have Its general loca- tion determined by the following: AMENDED AND APPROVED: Section 9-4.603 to read: (c) Each lot shall contain an area of at least one (1.00) net acre within which no straight line exceeding 350 feet can be drawn. AMENDED AND APPROVED: Section 9-4.604 to read: Lot Size and Requirements. The provisions of this section are minimum requirements for parcels used or intended to be used for primary uses. Other ordinances of the City may impose standards requiring substantially larger parcels. AMENDED AND APPROVED: Section 9-4.604 to read: (3) For the purposes of sub- paragraphs (I) and (2) of this subsection, the average slope of a parcel to be fir' subdivided shall be determined according to the formula S = .00229 IL where: A -3- CITY COUNCIL MINUTES - December 21. 1977 G. NEW BUSINESS: (Continued) 411W 2. Memo from the Planning Commission on Revisions to Ordinance No. 232 (continued). AMENDED AND APPROVED: Section 9-4.604 to read: (5) Any proposed lot which 1s large enough to be further subdivided pursuant to the provisions of subparagraphs (1) and (2) of this subsection (b) shall be excluded In computing the average slope and average net lot area in the balance of the subdivision. AMENDED AND APPROVED: Section 9-4.604 to read: (7) Once a final subdivision map has been recorded for a subdivision, lot lines shall thereafter not be altered so as to allow a greater number of lots In that subdivision than the maximum per- mitted by the provisions of subparagraphs (1) and (2) of this subsection (b). Lots not included In the total net acreage used in determining average lot area, as provided for In subparagraph (4) of this subsection (b), may be further divided subject to the provisions of this Chapter and other laws of the City. AMENDED AND APPROVED: Section 9-4.712 to read: Private Roads. Private roads are permitted provided the following requirements are met, (a) The road is not a through road and there is clear assurance it will remain so in the future. It cannot remain private if it becomes a through road. (b) All lots served by the private road are included In a road maintenance agreement which runs with the land and Is acceptable to the City Attorney. APPROVED BY CONSENSUS: The balance of the Planning Commission recommended revisions to Ordinance No. 232 were approved as submitted and the total forwarded to the City Attorney for preparation of an urgency ordinance. H. ADJOURNMENT: There being no further new or old business to discuss, the City Council adjourned at 11:05 PM. Respectfully submitted, Susan Buttler Deputy City Clerk Att Ttem6 appear as Z"ted on .the Agenda. -4-