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CITY COUNCIL MINUTES - October 19, 1977 <br />D. STAFF - REPORTS, CORRESPONDENCE 8 ANNOUNCEMENTS: (Continued) <br />MOTION SECONDED AND CARRIED: Moved by Councilman Cheney, seconded by Council- <br />woman Hillestad and carr ed unanimously to: Direct the City Manager to prepare <br />a change order to the 1977 Contract for the Street Overlay Program. <br />Thereafter, Councilman McReynolds questioned the City Attorney on the status <br />of the Contract with Spangle 8 Associates. His response dealt with the only <br />Item In the Contract still in question, namely, a $2,500 limit on liability in <br />the Hold Harmless Clause. Discussion followed on the legal necessity of this <br />Clause and problems that might occur with a limitation, and on the need to re- <br />solve a Contract In order to proceed with projects awaiting a Planning Consul- <br />tant. Concensus was for the City Attorney prepare final Contract for the next <br />regular City Council meeting. <br />E. SPECIAL ORDERS <br />I. Annexation and Pre -Zoning - LANDS OF PERRETT, 9.09 Acres. (Second Reading) <br />MOTION SECONDED AND CARRIED: Moved by Councilman Cheney, seconded by Council- <br />woman Hlllestad and passed unanimously to waive further reading of Ordinance No. <br />238. <br />MOTION SECONDED AND CARRIED: Then moved by Councilman McReynolds, seconded by <br />Councilwoman Hillestad and carried by the following roll call vote to adopt <br />Ordinance No. 238 amending Section 9-5.303 of Chapter 5 of Title 9 of the Los <br />Altos Hills Municipal Code by providing for the prezoning of certain property. <br />AYE: Mayor Brown, Councilmembers Cheney, Hillestad and McReynolds <br />NO: None <br />`, ABSTAIN: None <br />ABSENT: Councilmember Proft <br />2. Request by Applicant to change Condition on existing Variance, LANDS OF <br />TIEFERT, VAR #7027-76. <br />The City Manager introduced this Item, referencing the City Engineer's letter <br />In support of the Applicant's request. <br />MOTION SECONDED AND CARRIED: Moved by Councilman McReynolds, seconded by Council- <br />woman Hlllestad and passed unanimously to amend Condition 2, LANDS OF TIEFERT, <br />VAR #7027-76, as follows: Concrete decking shall not encroach Into the rear yard <br />setback area more than three and one half feet (3.51) as measured from the water <br />side of the southerly pool wall, the pool wall being not less than seventeen feet <br />(171) from the read lot line. <br />3. Public Hearings: <br />a) Request for Conditional Use Permit for secondary dwelling, LANDS OF <br />ABRAHAM, File CUP #8026-77. <br />Following Introduction by the City Manager It was noted that the property in <br />question had been designated "Not further subdivldable" on the original map by <br />request of the subdivider, however, this application for secondary dwelling met <br />all provisions of the Municipal Code. The City Attorney provided clarification <br />on this designation as placed by the subdivider, not the Town, the legal aspects <br />therein and the discretionary privilege of Council to grant this use. Councilman <br />McReynolds questioned the sewage system for the two dwellings and was advised by <br />the City Engineer that there would be two separate septic tanks feeding Into one <br />drainfield; all had been approved by the Health Department. <br />-3- <br />