HomeMy WebLinkAbout01/05/1983�, CITY COUNCIL
4— TOVQN OF LOS ALTOS HILLS
26379 Fremont Road
Los Altos Hills, California
MINUTES OF A REGULAR SEEPING
Wednesday, January 5, 1983
cc: Reel 141, Tr. I, Side I, 001 -end, Tr. I, Side 11, 001-093
Mayor Perkins called the Regular Meeting of the City Council to order at 7:35 p.m.
in the Council Chanbers at Tawe Hall.
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Present: Mayor Perkins and Councilnenbers Allison, Hillestad, Proft and van Tanelen
Absent: None
Staff: City Manager Ann Hinshaw, City Planner John Carlson, City Attorney
Frank Gillio, Planning Commission Representative Michael Stewart and
City Clerk Pat Dowd
Press: Mary Duenwald, Peninsula Times Tribune and Florence Pallakoff, Los
Altos Ta Crier
6 Ccac dation for Marty D. Tarshes for services as Acting City Manager
MOTION SECOMED Am CARRIED: Moved by Allison, seconded by van Tamelen and passed
unanimously to adopt Resolution #1517 commending Marty D. Tarshes for his services
as Acting City Manager and as a consultant to the City of the Tewn of Los Altos
Hills.
The City Council adjourned to a Closed Session for Litigation at 7:40 p.m. and
reconvened at 8:20 p.m.
Matadero Creek Subdivision - Offers on Lots and Related Matters
Jadcve Wolfe Fox & Carskadon, presented an offer to the Council for Lot #16.
Mrs. mire ouciined the terms of the offer as listed on the su[msary page before
the Council. A discussion followed regarding the intent of the offer and the
use of certain terminology. It was agreed that the offer would be accepted with
the stipulation that it be resubmitted in properly written form.
MOTION SECONDED AND CARRIED: Moved by van Ta¢elen, seconded by Hillestad and
passed unanimously to accept the offer for Lot #16, Matadero Creek Subdivision,
with the stipulation that it be properly rewritten.
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CITY COUNCIL MINUTES - January 5, 1983
B. CONSENT CALENDAR:
Items Removed: B.1 - 12/28/82 minutes (van Tamelen); B.2 (resident) and
B.3.b) (van Tamelen)
MOTION SECONDED AND CARRIED: Moved by Hillestad, seconded by Proft and passed
unanitmusly to approve the balance of the Consent Calendar, specifically:
1. Approval of Minutes: December 22, 1982
3. Actions of Planning Connission, recommended granting approval of the
following Site Approval:
a) Lands of Roth, File SA #2-82
4. Resolutions for Adoption:
a) Resolution #1518 approving and authorizing execution of a private
driveway maintenance agreement between Jeffrey and Vivian Widman,
1980 Living Trust, and the City of the Term of Los Altos Hills
b) Resolution #1519 approving Lot Line Adjustment, Lands of Fegtly
1. Approval of Minutes: December 28, 1982
van Tamelen noted that under Item B, the ,nimmm reconveyance figure should be
$100,000 rather than $150,000.
MOTION SECONDED AND CARRIED: Moved by Proft, seconded by Perkins and passed by
the following roll call vote to approve the minutes of December 28, 1982 as
amended.
AYES: Mayor Perkins and Councilmmbers Allison, Proft and van Tamelen
NOES: None
ABSTAIN: Ccuncilwcman Hillestad
2. Approval of Warrants: $31,356.16
Alma Wood, 12151 Stomebrook, requested an explanation of warrant #8987 ($1147.20
or radio agreement - tvu months). It was noted that this was a lease/purchase
agreement. Allison commented that there were several questions regarding this
matter and asked that it be agendized for the next Council meting.
MOTION SECONDED AND CARRIED: Moved by Allison, seconded by Hillestad and passed
unanimously to approve the warrants: $31,356.16.
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CITY COUNCIL MINUTES - January 5, 1983
(, B. CONSENT CALENDAR: Items p� ed (continued)
y 3. Actions of Planning Commission, recd mcnded granting approval of the
following Site Approval:
b) Lands of McCandless, File SA #3-82
MOTION SECONDED AND CARRIED: Moved by van Tamelen, seconded by Proft and passed
unanimously to add the following condition to the Conditions of Approval: "1.C:
The location of the fault line shall be placed on the Site Approval map with the
reconmx0ed 40 ft. setback line for habitable structures."
MOTION SEXDNDED AND CARRIED: Moved by Proft, seconded by van Tamelen and passed
unanimously to approve Lands of McCandless, SA #3-82 as amended.
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1. Reports of Standing Committees: none
2. Reports of Ad Hoc Camdttees: Safety Camdttee - Police Protection
Allison stated that the Pd Hoc Camnittee on Police Services had been formed in
June 1982, had submitted their recd mendations to the Council and at this time
the coamittee could be disbanded. Allison further noted that Walter Schulze,
Chairman of the Ad Hoc Carmittee, had submitted a letter to the Council dated
12/21/82 which in part reoonmended a tax override measure for increased police
services. Reference was also made to monthly reviews between the Town and the
�, Sheriff's Department; the contact for such reviews will be the newly -formed
Safety Camnittee. The issue of a tax override would be agendized for the 1/19/83 mtg.
MOTION SECONDED AND CARRIED: Moved by van Tamelen, seconded by Allison and
passed unanimously to disband the Ad Hoc Committee on Police Services with the
understanding that certain continuing functions (i.e. meetings with Sheriff's
Departnent) will be handled by the Safety Comnittee.
3. Reports from the Planning Conmissim: none
4. Report from Councilman Allison - Cable Television
Allison reported that Los Altos was investigating the possibility of cable TV
and it had been suggested that a representative of Los Altos Hills be appointed
to meet with Los Altos concerning this matter.
PASSED BY CONSENSUS: To appoint Jim Reynolds to work with Los Altos on the
cable Tv project.
Jim Reynolds 23750 Ravensbury Avenue, accepted the appointment and noted that
he would keep Council up-to-date on the project.
4. Presentations from the Floor:
William Brooks, attorney for James Viso, stated that his client had several
` questions regarding CC&RS an8 isoount concerning Matadero Creek. It was
4,r1 noted that Mr. Brooks had a meeting scheduled for Friday, January 7, 1983 with
the City Attorney Frank Gillio to discuss these matters. Mr. Brooks asked that
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CITY oDDNcIL MIN= - January 5, 1983
C.
SPECIAL REPORTS: 4. Presentations frau the Floor (continued):
no action be taken by Council which could be adverse to his client, i.e.
develop ants with the PAUSD. The City Attorney stated that he would report
to Council after the meeting on 1/7/83 with Mr. Brooks.
Mr. Isom Qubain owner of Lot #9 and Mr. Ramchand Nagpal, owner of Lot #17
each addressed the Council expressing the sane concerns as those noted by Mr.
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Viso's lawyer and expressing interest in the result of the 1/7/83 meeting
between Mr. Brooks and Mr. Gillio.
D.
STAFF - REPORTS, CORRESPONDENCE AND ANiNOUNCQ+IENl'^:
1. City Manager's Report:
a) S -Curve
The City Manager reported that the bots -dots and striping had been canpleted
at the S -Curve. Council expressed their appreciation for staff's prompt and
efficient handling of this matter.
b) M.D. Tarshes - Matadera Creek Matters
The City Manager requested Council's concurrence in retaining Mr. Tarshes on an
hourly basis ($25 per hour/20§ per mile) as needed to resolve issues related to
the Matadero Creek Subdivision. Council agreed with this request.
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C) Property Measurements at 14965 and 14945 Page Mill Road
Allison referred to the 1/4/83 mennrandum on the above subject frau the Building
Official to the City Manager. In addition to the information contained in said
mmrandum, Allison had questions regarding the buildings. The City Manager noted
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that answers to his questions would be forthcoming.
E.
SPECIAL ORDERS:
1. Public Hearings:
a) Request for Tentative Map Approval, LANDS OF SCHWARZ, File UM #9-81
The City Engineer presented a staff report dated 12/29/82 which, in part,
recanreended approval the Negative Declaration with the following two mitigation
neasures: 1. Conservation easement should be established over land which has slope
acre than 308. and 2. Storm waters frau the subdivision must be controlled to not
affect down stream neighbors.
MOTION SECONDED AND CARRIED: Moved by Proft, seconded by Hillestad and passed
unan;m usly to amend mitigation measure #2 to read as follows: "Storm waters
from the subdivision must be controlled so as not to adversely affect dawn stream
neighbors."
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CITY OJLIDICIL MINS - January 5, 1983
E.
SPECIAL ORDERS: 1. Lands of Schwarz (continued):
MOTION FAILED DUE TO LACK OF A SD02M: Moved by Proft to add a third mitiga-
tion measure as follows: "Grading for road, proposed building sites and proposed
leach fields be limited to areas that are going to minimize amount of overall
grading in subdivision so as to protect environment."
MOTION SECONDED AND CARRIED: Moved by Hillestad, seconded by van Tamelen and
passed by the following roll call vote to approve the Negative Declaration for
Lands of Schwarz, File U4 #9-81 with two mitigation measures as amended by
Council.
AYES: Mayor Perkins and Councilmerbers Allison, Hillestad and van Tamelen
NOES: Councilman Proft
The City Engineer referred to the 12/29/82 staff report concerning the tentative
map and specifically discussed the following items which had been reviewed by
the Planning Commission: storm drain, septic fields, road grading, right-of-way
for street, private road, soils, landscaping and Moon Lane.
Mr. Karl Schwarz, applicant, addressed the Council and explained his reasons for
the subdivision befo—m—tfem. Mr. Schwarz presented slides of the property for
Council's information and noted that he had looked for reasonable and lasting
solutions to the problems which had been raised.
Paul Nowack, applicant's engineer, commented that careful consideration had been
given to placement o road; they had worked with the neighbors and several
locations had been reviewed.
Mrs. Dorothea Schreiner, 3672 Evergreen Drive, Palo Alto, noted that she was the
owner of property adjacent to the proposed subdivision and she had several ques-
tions concerning vehicular and non -vehicular access from Saddle Mountain to Moon
Lane and also on her property.
Dr. Eric Bredo, 13820 Page Mill Road, stated that his primary concern was the
visual impact of the location of the proposed houses. Dr. Bredo also stated that
in his opinion the height restriction for the house in the middle of the property
should be stipulated. Additionally, Dr. Bredo did not feel that the Planning
Co ssion had fully considered other options for the road placement.
Mr. John Dukes, 27783 Lupine Lead, expressed concerns regarding the drainage
ran the Schwarz property. Mr. Dukes noted it was a steep grade and questioned
the stability of the land. He asked that a geologist inspect the location of the
cut before the cut took place and also asked that a statement be made by the Town
concerning liability if a slide did take place.
Mrs. Ramona Chown, 13822 Page Mull Road, questioned the tentative map before
Council. It had been her understanding that the Town's policy was to fit develop-
ment to the land not vice versa. Mrs. Cham also questioned the placement and
maintenance of the barrier to be placed on Moon Lane.
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CITY ODUNCIL MINUTES - January 5, 1983
E.
SPECIAL ORDERS: 1. Lands of Schwarz (continued):
Mr. Eric Silins,27693 L ine Road, questioned the height limitation and set-
back for Lot 4. The City Engineer referred to Condition 8.D, of the proposed
conditions of approval.
Mr. Stephen Clark architect for the Mowrads (property adjacent to the Schwarz
property), noted that Mr. Schwarz and Mr. Nowack had worked closely with the
Mbwrads in an effort to obtain the best results and to address all issues. Mr.
Clark noted that they were pleased with the proposed development plan before
Council.
Council discussed the plans and staff report before them with particular emphasis
on the access to and from Moon lane and the placement of the road. It was
suggested and discussed that the road be narrowed to decrease the amount of cut
and fill on the property.
PASSED BY CONSENSUS: To amend Condition I.L. to read as follows: "The owner
shall abandon access rights to Moon Lane, except emergency vehicular access,
prior to recordation of Final Map."
MOTION SECONDED AMID CARRIED: Moved by Proft, seconded by Allison and passed
unanimously to amend Condition 2.D. to read as Follows: "At the w is expense,
the Town's Soil and Geologic Consultant shall inspect all earthwork, including
trenches for storm drain prior to and during construction thereof. All work
done shall be in conformance with the soils report and requirements."
MOTION SECONDED AMID CARRIED: Moved by Proft, seconded by Hillestad and passed
unanimously to add Condition 6.I. as follows: "Location of the barricade referred
to in Condition 6.G will be approved by all property owners who have access to
and from Moon Lane."
MOTION SECONDED AMID CARRIED: Moved by Allison, seconded by Proft and passed unani-
mously to amend Condition 7.A as follows: "If a private sewer system is not
feasible on any single lot, sewage from all lots shall be pimped to the existing
sewage system in Saddle Mountain or via a pipe by gravity to Page Mill Road."
MOTION SECONDED AND CARRIED: Moved by Perkins, seconded by Proft and passed
unanimously that the subdivider should notify Moon Lane residents of their obliga-
tion to maintain the barricade after they have decided wlere it world be located.
Proft and van Tamelen expressed serious concerns about the placement and width
of the proposed road. They suggested that the matter be referred back to the
Planning Commission for further study of this particular issue. Since by law
Council was required to act on this tentative map by January 14, 1983, a time
extension would be necessary. This titre extension could only be granted if the
applicant agreed. Mr. Schwarz and Mr. Nowack did not agree to have consideration
of the tentative map continued.
MOTICN SECONDED AMID CARRIED: Moved by Allison, seconded by Hillestad and passed
by the following roll call vote to approve the Tentative Map, Lands of Schwarz,
File TM #9-81, as amended reserving to the Council final determination of the width
of road and location of pathway, prior to approval of final map.
AYES: Mayor Perkins and CcunciRnpm s Allison and Hillestad
NOES: Councilmerbers Proft and van Tamelen
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CITY COUNCIL MINUTES - January 5, 1983
E.
SPECIAL ORDERS: 1. lands of Schwarz (continued):
Proft and van Tamelen noted for the record that they did not feel all of the
options for mad placement and width had been fully investigated.
b) Bequest for vacation and abandonment of a Portion of a certain Public
Service Easement, LANDS OF FARBER, 26303 Esperanza Drive
MOTION SECONDED AMID CARRIED: Moved by Allison, seconded by van Tamelen and passed
unanimously to adopt Resolution #1520 ordering the vacation and abandonment of a
portion of a certain public service easement in the City of the Town of Los Altos
Hills under the provisions of the "Public Service Easements Vacation Law"
na IS.•• 4.92• • n 1 IDS : Imw
Bas Hanes - warrant #8970
The City Manager reported that warrant #8970 - $5,000 cash bond to Bas Hanes, Inc. -
had been removed from the warrant list at the 12/15/82 Council meeting and continued
pending an opinion by the City Attorney. The recamendation frau the City Attorney
was to release the bond monies in question.
MOTION SEXXRIDID AND CARRIED: Moved by van Tamelen, seconded by Hillestad and passed
unanimously to release warrant #8970, $5,000 cash bond to Bas Homes, Inc.
MOTION SECONDED AND CARRIED: Moved by Allison, seconded by Hillestad and passed
by the following roll call vote to go past the hour of adjournment and continue the
meeting to 12:00 a.m.
AYES: Mayor Perkins and Councilmembers Allison, Hillestad and van Tamelen
NOES: Councilman Proft
G. NEW BUSINESS:
1. Regi st to amend Conditions of Approval, Lands of Huth, File TM #3-80,
for deletion of Sanitary Sewer Requirement.
The City Engineer presented a staff report dated 12/28/82 which recommended
approval deletion of the sanitary sewer requirement if the properties in question
could accept a private sewer system. Such findings would be approved by the Town
prior to the recordation of the final map.
Steve Douglas, Bob Owen Homes, explained to the Council why they were requesting
deletion of the sanitary sewer requirement, Mr. Douglas particularly emphasized
the different economic picture between 1980 when the Conditions were approved and
the present time.
MOTION SECONDED AMID CARRIED: Moved by Hillestad, seconded by Allison and passed
by the following roll call vote to approve the request to delete Conditions 4.A
and 4.B of the Conditions of Approval for the Lands of Huth, File TM #3-80, con-
tional upon satisfactory percolation tests.
AYES: Mayor Perkins and Councilme hers Allison and Hillestad
NOES: Cwncilnmenbers Proft and van Tamelen
Proft and van Tamelen noted for the record that they did not feel it was in the
Town's best interests to grant exceptions to developers for economic reasons.
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CITY COUNCIL miNurEs - January 5, 1983
G. MN BUSINESS (continued):
2. Repan on Closed Session - Council action
The following action was taken by Council during the Closed Session held earlier
in the meeting: Regarding the monies awed by Mr. Qubain, he will not be charged
interest after 12/22/82 on the basis that the money was deposited on that date
and on the condition that he executes the agreement regarding changes to the
CC&Rs. It was noted that if the agreerent is not signed, interest would continue
to be paid.
H. ADJOUROUW:
There being no further new or old business to discuss, the City Council adjourned
at 11:55 p.m.
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Respectfully submitted,
Patricia Dowd, City Clerk