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HomeMy WebLinkAbout06/06/1979CITY COUNCIL L TOWN OF LOS ALTOS HILLS 26379 Fremont Road Los Altos Hills, California MINUTES OF A REGULAR MEETING Wednesday, June 6, 1979 cc: Reel 118, Side II, Tr. I, 923 -End; Side I, Tr. II, 001-589 Mayor Thomas McReynolds called the Regular Meeting of the City Council to order at 7:37 P.M. in the Council Chambers of Town Hall. A. ROLL CALL & PLEDGE OF ALLEGIANCE: Present: Mayor McReynolds and Councilmembers Hillestad, Nystrom, Perkins and Proft. Absent: None. Staff: City Manager Robert Crowe, City Attorney Frank Giblio, City Engineer John Carlson, Commissioner Richard Rydell for the Planning Commission and Deputy City Clerk Susan Buttler. Press: Florence Pallakoff, Los Altos Town Crier. B. CONSENT CALENDAR: Councilman Proft removed Item B. 4. a) to be considered separately. MOTION SECONDED AND CARRIED: Moved by Councilman Nystrom, seconded by Councilman t Perkins and carried unanimously to approve the balance of the Consent Calendar, 04W specifically: 1. Approval of Minutes: May 16, 1979 2. Approval of Warrants: $96,748.36 3. Actions of the Variance & Permit Commission - recommended granting of the following: a) LANDS OF WARREN, File VAR #7059-79. Thereafter, Councilman Proft cited his concerns with the Use Permit request as to the creation of two encroachments, the existence of a structure shown on a conserva- tion easement and the grading required to run the path from the property entrance down the steep hill. Staff advised as to the error in the Assessor's Book which placed a structure in the conservation easement, the applicant's agreement to remove secondary access from Robleda completely and the proposed path routing. MOTION SECONDED AND CARRIED: Moved by Councilman Proft, seconded by Councilwoman i lestad and passed unanimously to amend Conditions 5 thru 8 as follows: 5. Prior to the final inspection of the new primary residence: a) The existing driveway from Robleda shall be removed. b) The apartment situated on the southwest portion of the property shall be removed. c) This Conditional Use Permit shall be recorded. ba, 6. A conditional exception shall be granted for a seven foot (7') encroachment into the setback from Robleda and a three foot (3') encroachment into the sideline setback for the secondary dwelling. 7. There shall be no vehicular access to the property from Robleda. CITY COUNCIL MINUTES - June 6, 1979 B. CONSENT CALENDAR: (Continued) L 4. a) LANDS OF TRYON (Continued) MOTION SECONDED AND CARRIED: Moved by Councilman Nystrom, seconded by Councilwoman t lestad and passed by the following roll call vote to approve the LANDS OF TRYON, File C.U.P. #8034-79 subject to conditions as recommended by the Planning Commission and, as amended above. AYES: Mayor McReynolds, Councilmembers Hillestad, Nystrom and Perkins. NOES: Councilman Proft. C. SPECIAL REPORTS: 1. Reports of Standing Committees: None 2. Reports of Ad Hoc Committees: None 3. Reports from the Planning Commission: None 4. Presentations from the Floor: None D. STAFF - REPORTS, CORRESPONDENCE & ANNOUNCEMENTS: 1. City Manager: a) Bid Award - 1979 Street Resurfacing Project. The City Manager briefly answered Council questions as to bid procedure followed and the effects of inflation on the projected costs. MOTION SECONDED AND CARRIED: Moved by Councilwoman Hillestad, seconded by Councilman Proft and carried unanimously to adopt Resolution #1204 awarding a Contract to Raisch Paving Company for the 1979 Street Resurfacing Project. b) Resolution # relative to budget adjustments The City Manager cited his memo of June 1, 1979 to provide an outline and answer to all questions concerning the need for budget adjustments at this time. MOTION SECONDED AND CARRIED: Moved by Councilman Perkins, seconded by Councilman I' Nystrom and passed unanimously to adopt Resolution #1206 adopting the amended Budget for the Town of Los Altos Hills for the fiscal year 1978-79. MOTION SECONDED AND CARRIED: Moved by Councilman Perkins, seconded by Councilwoman Hillestad and carried unanimously to enact a Minute Order specifying that Council approval would be required for each Improvement Item delineated on the City Manager's memo of June 1, 1979 prior to any appropriations made against these. As it was not yet the time for SPECIAL ORDERS, Council took the following items out of the order on which they appear on the Agenda. F. GENERAL ORDERS & UNFINISHED BUSINESS: 1. Proposal for modification of By -Laws, Friends of Westwind. Councilmembers discussed the proposed By -Laws changes, the May 18, 1979 correspondence from the Board Chairman which outlined the proposals and the concurrence of the City r Attorney by memo dated June 1, 1979. i✓ MOTION SECONDED AND CARRIED: Moved by Councilman Proft, seconded by Councilman Nystrom and passed unanimously to approve the proposed By -Laws changes as requested by the Friends of Westwind. -2- CITY COUNCIL MINUTES - June 6, 1979 LF. GENERAL ORDERS & UNFINISHED BUSINESS: (Continued) L2. Request for one year time extension for building site approval, Tract #4392, from G. Nabi. MOTION SECONDED AND CARRIED: Moved by Councilman Perkins, seconded by Councilman Proft and passed unanimously to approve the time extension to June 6, 1980 for building site approval, Tract #4392. 3. Resolution #_ to the County Transit District Board requesting development of a transit system. (TABLED AT LAST MEETING) MOTION SECONDED AND CARRIED: Moved by Councilman Perkins, seconded by Councilman Proft and passed unanimously to remove the proposed Resolution from the table, thus re -opening the item for discussion. Mayor McReynolds provided background information with supplemental information that had been included in his June 5, 1979 memo and spoke for the urgency in getting transportation problems in the County solved quickly in light of the recent petroleum shortages. Council members discussed the merits of light rail versus alternative transit measures, the Town's impact on Countywide programs, the need to bring these problems to the attention of State and Federal legislators and the political overtones which have previously bogged down attempts at solving mass transit problems. PASSED BY CONSENSUS: To amend "engulfed in" to "faced with" in the first sentence of the proposed Resolution. Also, to delete the last sentence of the next to last paragraph and delete the last paragraph of the proposed Resolution. MOTION SECONDED AND CARRIED: Moved by Councilman Perkins, seconded by Councilwoman At Hillestad and passed unanimously to adopt Resolution #1205 to the County Transit Board fir' requesting development of a transit system. Council further directed that a letter, outlining their concerns and frustrations, accompany the Resolution and, that both these be forwarded to all cities in the County, ABAG, MTC, and Representative P. McCloskey as well as to the County Board of Supervisors. 4. Resolution #_ to the President, United States Senate and House of Representatives regarding the use of proposed windfall profits tax. (TABLED AT LAST MEETING) (Although this Item was heard at the end of the meeting, for continuity, it is being placed in this position in the Minutes.) MOTION SECONDED AND CARRIED: Moved by Councilman Proft, seconded by Councilman Perkins and passed by the following roll call vote to remove the proposed Resolution from the table, thus re -opening the item for discussion. Mr. Hough, Los Altos, spoke for the proposed Resolution and for utilizing whatever funds that might be made available to provide for alternative transit systems which would reduce the local automobile dependency. Councilmembers commended the intent of the Resolution, but cited their reservations as to its timeliness in view of the current lack of windfall profits tax implementation, the need to consider all the Town residents before forwarding a Resolution of this nature to the parties named and the philosophical differences existent among the Councilmembers. At this time, no final action was taken on the proposed Resolution ` E. SPECIAL ORDERS: l 1. Ordinance #252 adding Chapter 4, entitled "Purchasing System" to Title 2 of the Los Altos Hills Municipal Code. (SECOND READING) MOTION SECONDED AND CARRIED: Moved by Councilman Proft, seconded by Councilman Nystrom and passed unanimously to waive further reading of Ordinance #252. -3- CITY COUNCIL MINUTES - June 6, 1979 E. SPECIAL ORDERS: (Continued) to 1. Ordinance #252 (Continued) MOTION SECONDED AND CARRIED: Moved by Councilman Nystrom, seconded by Councilman Proft and carried unanimously to adopt Ordinance #252 adding Chapter 4, entitled "Purchasing System" to Title 2 of the Los Altos Hills Municipal Code. (SECOND READING) 2. Ordinance #_ amending Chapter 4, entitled "Sewage" of Title 6 of the Los Altos Hills Municipal Code by amending Section 6-4.122 thereof. (FIRST READING) Following a brief review of Code regulations, it was Council determination that all fee schedules should be by resolution action rather than by ordinance. MOTION SECONDED AND CARRIED: Moved by Councilman Nystrom, seconded by Councilwoman Hillestad and carried unanimously to continue consideration of the item until the appropriate resolution might be drafted. 3. Request for Final Map Approval, LANDS OF DAWSON, File FM #3073-79. Council objections to the request before them were the absence of the pathway easement along the easterly boundary of Lot 16, the need to label certain areas as "geologic restrictions for human habitation" and, generally, the inability of recent Final Map applications to be in conformance with approved Tentative Maps. MOTION SECONDED AND CARRIED: Moved by Councilman Proft, seconded by Councilman Perkins and passed unanimously to continue the LANDS OF DAWSON, File FM #3073-79, to the next meeting in order to consider a Final Map which reflects the Conditions of Approval imposed thereon. At approximately 9:00 p.m., Councilwoman Hillestad excused herself from the meeting. 4. Public Hearings: a) Appeal of Planning Commission Denial, LANDS OF OLIVER, File VAR #7042-77. Mr. Oliver, Applicant, requested a liberal interpretation of Code requirements during consideration of this appeal as he felt the proposed tennis court would have no adverse impact on the neighborhood and, if approved, he would also remedy drainage problems in the area. He then showed slides to demonstrate the screening of the proposed loca- tion and existing tennis courts in the Town which are not aesthetic from a visual stand- point. In response to Council questions as to meeting the six conditions imposed, Mr. Oliver cited the lot shape, the neighborhood agreement to the proposal, the resolve of the unique drainage problems, the existence of three other courts in his immediate area and that this proposed use would not be detrimental in any way. Council discussion followed with the applicant on the State requirements imposed on the Town's regulations, on the history of the Town's consideration of tennis courts, on the need to separate solving drainage problems from the variance request, on the fact that this variance entails a 45% encroachment into the setback, the legal ramifications that a liberal interpretation of the Code involves, and the limitations imposed by the con- figuration of this lot on the siting of a tennis court. Mr. Hull, Adobe Lane, a neighbor, spoke for granting the variance. MOTION SECONDED AND FAILED: Moved by Councilman Nystrom, seconded by Councilman Perkins and failed by the following roll call vote to approve the LANDS OF OLIVER. AYES: Councilman Nystrom. NOES: Mayor McReynolds, Councilmembers Perkins and Proft. ABSENT: Councilwoman Hillestad. Dr. Chu, Palo Hills Drive, felt that, due to the topography of the majority of the Hills, Tot size and shape should be considered unique and meet the conditions. -4- CITY COUNCIL MINUTES - June 6, 1979 E. SPECIAL ORDERS: (Continued) ` 4. a) LANDS OF OLIVER (Continued) After a complete review of the six conditions required by ordinance, the City Attorney advised that each variance be dealt with on its own merits and that Council determine whether the evidence presented addressed these conditions adequately. Mayor McReynolds then made the following statement: 'Because of the topography of the Town of Los Altos Hills and because of the shape of the lots; those two items don't necessarily present a unique, exceptional or extraordinary circumstance. Irregularity is more of a standard in the Town than it is a unique situation. Because a lot is pie shaped or on a hill does not, to me, present an extraordinary circumstance.' For the record, it was noted that this statement as well as the complete consideration of all the evidence presented applied directly to the variance request before the Council. MOTION SECONDED AND. CARRIED: Moved by Councilman Perkins, seconded by Councilman Proft and passed by the following roll call vote to uphold the Planning Commission denial of the LANDS OF OLIVER, File VAR #7047-77, due to lack of evidence presented in justifica- tion of Item #l.of Title 9, Article 5 of the Los Altos Hills Municipal Code. AYES: Mayor McReynolds, Councilmembers Perkins and Proft. NOES: Councilman Nystrom. ABSENT: Councilwoman Hillestad. b) Appeal of Planning Commission Denial, LANDS OF CHU, File VAR #7058-79. Prior to the Public Hearing, Mayor McReynolds urged the applicant and all who wished to speak to particularly address Item 1 of the six conditions as it had :been the basis for Planning Commission recommendation for denial. Dr. Chu, Applicant, cited the rectangular shape of his property as precluding tennis court placement within setback areas, the minimum amount of grading proposed and the general agreement of all his neighbors. Following Council questions, he also stressed the need for more liberal interpretations of Code requirements and the poor placement of his house (speculative at the time it was built) to allow for the variance request. Mr. Micheletti, Palo Hills Drive, spoke for the tennis court as an asset to the neighbor- hood. Dr. Wong, Normandy Lane, told of the processes he went through in obtaining his variance years ago, the enhancement that had resulted and the current popularity of tennis which results in an activity that benefits the whole neighborhood. Mr. Hough, Los Altos, spoke for granting the variance. Dr. Kuramoto, Palo Hills Drive, expressed dissatisfaction with the lengthy process and denials when full neighborhood support was for granting of the variance. Mr. Rossen, Palo Hills Drive, offered his support for granting of the variance. Dr. Wong, Normandy Lane, reiterated his feelings and urged the Council to vote against the Planning Commission denial. During the course of the above discussion, Mayor McReynolds offered the following: I 'When you disagree with somebody, you need to go back and check your assumptions. � W One of the assumptions being made is that the purpose of the ordinance was to keep homes from being built against the property lines. That is only a singular part of -5- L CITY COUNCIL MINUTES - June 6, 1979 E. SPECIAL ORDERS: (Continued) 4. b) LANDS OF CHU (Continued) the purpose of the setback. There are several other purposes of the setback which tend to make this process a little more difficult. In its deliberations, hearings and studies; the Planning Commission, planning consultants and the City Council have looked at the setbacks and have determined that those setbacks of thirty feet (such as they are) are the basic elements in the Town that maintain its rural environment. That purpose comes before the concept of building a house against the property line. If we allowed the building of two adjacent houses against the property line, that would not give the people the sense of ruralness. Instead, if you require all building setbacks so there is an open space between people and their residences, that does give a sense of ruralness. The questions being addressed tonight (and previously by the Planning Commission) is whether a tennis court encroaches on that ruralness which is gained by a thirty foot setback, forty foot setback or whatever it is. We do a lot of other things in the Town by ordinances to enhance the ruralness; road design, etc. This issue is really not simple. The majority of us up here have been through this for over a decade.' Councilman Perkins further stressed the importance of the State requirements imposed on variance considerations and the General Plan philosophy in the deliberation of these requests. MOTION SECONDED AND CARRIED: Moved by Councilman Perkins, seconded by Councilman Proft and carried by the following roll call vote to uphold the Planning Commission denial of the LANDS OF CHU, File VAR #7058-79, due to lack of evidence presented in justifica- tion of Item #1 of Title 9, Article 5 of the Los Altos Hills Municipal Code. AYES: Mayor McReynolds, Councilmembers Perkins and Proft. NOES: Councilman Nystrom. ABSENT: Councilwoman Hillestad. Commissioner Rydell advised of the sub -committee (Planning Commission) study of variances and tennis court installations as they affect the Town currently being made. G. NEW BUSINESS: None H. ADJOURNMENT: There being no further new or old business to discuss, the City Council adjourned at 11:27 P.M. Respectfully submitted, Susan Buttler Deputy City Clerk M