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HomeMy WebLinkAbout10/03/1979CITY COUNCIL TOWN OF LOS ALTOS HILLS 26379 Fremont Road Los Altos Hills, California MINUTES OF A REGULAR MEETING Wednesday, October 3, 1979 cc: Reel 119, Side 1, Tr. II, 453-1300 Mayor Thomas McReynolds called the Regular Meeting of the City Council to order at 7:39 p.m. in the Council Chambers of Town Hall. A. ROLL CALL & PLEDGE OF ALLEGIANCE: Present: Mayor McReynolds and Councilmembers Hillestad, Nystrom and Perkins. Absent: Councilman Proft. Staff: City Manager Robert Crowe, City Attorney Frank Gillio, City Engineer John Carlson, Planning Commission Representative Arthur Lachenbruch and Deputy City Clerk Susan Buttler. Press: Florence Pallakoff, Los Altos Town Crier. B. CONSENT CALENDAR: Mr. Drysdale, P. 0. Box 8611, Stanford, requested that Item 5. a) be removed for separate consideration. MOTION SECONDED AND CARRIED: Moved by Councilwoman Hillestad, seconded by Councilman Nystrom and passed unanimously by all members present to approve the balance of the 4W Consent Calendar, specifically: 1. Approval of Minutes: September 19, 1979. 2. Approval of Warrants: $34,885.64. 3. Motions for Adoption: a) Request to begin 10 year non -renewal period, Williamson Act Contract #4432999, E.C. and J.M. Fowle. b) Request to begin 10 year non -renewal period, Williamson Act Contract #5102155, J. and D.R. Laub. c) Request for amendment to Conditional Use Permit, BERRY HILL FARMS, INC., File C.U.P. #8028-77. d) Setting October 17, 1979 as Public Hearing date, LANDS OF STEERS, File TM #2087-77. 4. Resolutions for Adoption: a) Resolution #1238 setting Public Hearing on abandonment of water line easement. Discussion then ensued on the following Item as removed above: 5. Actions of the Variance & Permit Commission - recommended granting of the following Site Approval request: a) LANDS OF BEHN, File SA #6113-79. Mr. Drysdale, P. 0. Box 8611, Stanford, provided a brief background including that his family owned all of the property surrounding the subject request, that approval by the Council now would interrupt negotiations to purchase the property and, if Lands of Behn were approved as a separate parcel, the result would be poor planning of the entire area CITY COUNCIL MINUTES - October 3, 1979 B. CONSENT CALENDAR: (Continued) 5. a) LANDS OF BEHN (Continued) Mr. Behn, Applicant, stated that the referenced negotiations had been fruitless for over 18 months and that this was a private matter which should not be a part of Council deliberations. Mrs. Rosen, Pathwa Committee, spoke for putting into the record a notation for future pat way at time of subdivision. Councilmembers advised that this would happen automatically when the subdivision comes through for consideration and then discussed with Applicant and Staff the mandated requirements against the Town becoming involved in any private negotiations for property purchases. Also, a Motion was introduced to grant the Site Approval with resolve noted later in the meeting. Mr. Dr sdale, P. 0. Box 8611, Stanford, spoke further against action on this matter an advised of their intent not to subdivide immediately. Councilmembers then ascertained from the City Attorney that approval does not in any affect the ability of Mr. Drysdale and Mr. Behn from continuing their private negotia- tions. Councilman Perkins cited his objections to the lot being created as against the tenets of the General Plan. CALL FOR THE QUESTION: Councilman Nystrom then called for the question and the following roll call vote resulted: AYES: Mayor McReynolds, Councilmembers Hillestad, Nystrom and Perkins. NOES: None. ` ABSENT: Councilman Proft. V MOTION SECONDED AND CARRIED: Moved by Councilman Nystrom, seconded by Councilwoman Hillestad and passed by the following roll call vote to approve LANDS OF BEHN, File SA #6113-79, subject to conditions as recommended by the Variance & Permit Commission. AYES: Mayor McReynolds, Councilmembers Hillestad and Nystrom. NOES: Councilman Perkins. ABSENT: 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 Attorney: a) Claim - Michael Cathryn Peterson. The City Attorney provided an introduction of the personal injury claim and recommended denial. MOTION SECONDED AND CARRIED: Moved by Councilman Perkins, seconded by Mayor McReynolds and carried unanimously by all members present to deny the claim of Michael Cathryn Peterson and forward to the Town's insurance carrier for processing. -2- CITY COUNCIL MINUTES - October 3, 1979 D. STAFF - REPORTS, CORRESPONDENCE & ANNOUNCEMENTS: (Continued) %f 2. City Engineer: W a) Report on Storm Drain Improvements - Dr. Buch. Dr. Buch, Sumnitwood Road, corrected a date on the first page of the City Engineer's report and stated that he felt the runoff from Bassett Lane was voluminous. The City Engineer then briefly summarized his report dated September 28, 1979 and the reasons for his recommending Method 1 for solving the drainage problems. Councilmembers commended the City Engineer on the work accomplished, discussed the legal ramifications of proceeding with this matter and the problems of access without major disruption to the land. The City Manager responded by advising of a chute supported with an X frame to provide fill for the areas of large erosion. Dr. Buch, Summitwood Road, cited the need for immediate action before winter rains and questioned culpability during course of the project as the majority of work taking place would be within Town easements. He also advised of his unwillingness to expend more than $5,000 for improvement costs. The City Attorney told Dr. Buch to contact his insurance carrier regarding liability responsibility and that this would probably be a shared risk, the details of which could be worked out at a later date. MOTION SECONDED AND CARRIED: Moved by Councilman Perkins, seconded by Councilman Nystrom and passed unanimously by all members present to accept the City Engineer's recommendation of Method 1 (Pipe and backfill) as the solution to Dr. Buch's drainage problem and that the total cost be allocated with Dr. Buch paying one-fifth, but not to exceed $5,000. E. SPECIAL ORDERS 1. Public Hearings: a) Request for Tentative Map Approval, LANDS OF JOHNSON, File TM #2098-79, 2 Lots. The City Engineer provided an environmental impact review for consideration of the proposed Negative Declaration. There was no public input offered. MOTION SECONDED AND CARRIED: Moved by Councilwoman Hillestad, seconded by Councilman Perkins and carried unanimously by all members present to adopt the proposed Negative Declaration, LANDS OF JOHNSON, File TM #2098-79. Introduction of the Tentative Map application by the City Engineer dealt with the property currently being under a Williamson Act Contract, that slope density provisions would allow for five lots, that only a split into two was proposed and that access to the new lot would be off Stonebrook with a major portion dedicated to the Town. Mr. Johnson, Applicant, questioned the conservation easement and was advised that it only prohibited structures in the area it encompassed. Councilman Perkins then asked the City Attorney to clarify the impact of subdividing property while it is under a Williamson Act Contract. The City Attorney made the following points: (1) That he had originally advised the Johnsons that subdivision could occur if all requirements were met; (2) That the minor division into two parcels of property which was further subdividable is a major factor to consider; (3) This contract was entered into with the County and all uses proposed complied with their regulations as well as with the Town's; (4) The Map Act stipulates that just being E under a Williamson Act Contract is not sufficient grounds for map denial; and, (5) ,r The applicant's desire to provide a home for another family member further complies with the required use of the land. -3- CITY COUNCIL MINUTES - October 3, 1979 E. SPECIAL ORDERS: (Continued) `, 1. a) LANDS OF JOHNSON (Continued) MOTION SECONDED AND CARRIED: Moved by Councilman Perkins, seconded by Mayor McReynolds and carried by the fol -lowing roll call vote to add as new Condition 8.C: There is no implied approval of future subdivision as it is now shown on the current Tentative Map. AYES: Mayor McReynolds and Councilmembers Nystrom and Perkins. NOES: Councilwoman Hillestad. ABSENT: Councilman Proft. MOTION SECONDED AND CARRIED: Moved by Councilman Nystrom, seconded by Councilwoman Hillestad and passed unanimously by all members present to approve LANDS OF JOHNSON, File TM #2098-79, subject to conditions as recommended by the Planning Commission and, as amended above. b) Request for re -consideration of an amendment to the General Plan consisting of the adoption of a Subarea Plan Element, Three Forks Lane area. Councilman Perkins stated that the Council made a decision on this matter on August 15, 1979 and that the matter was on the Agenda tonight in order to get specific infor- mation on the feasibility of that decision. Discussion followed between Councilmembers and the City Manager as to: (1) From an engineering standpoint the new road configura- tion looked workable; (2) That the subdivider involved had been contacted and refused to re -align Country Way to meet this new proposal; (3) Other alternatives might be con- sidered; and, (4) It is necessary to determine whether this is an urgency matter or a long range solution. The City Attorney advised that the appropriate procedure was not to re -consider the v amendment as final action could not be taken and, when this amendment is finally formalized, it must go back before the Planning Commission for their report. Councilman Perkins noted that a workable alternative had been achieved by the Council, that engineering data and administrative costs were to be brought back to them try the first meeting in September and, finally, this laxity has now resulted in no resolve at all. MOTION SECONDED AND CARRIED: Moved by Councilwoman Hillestad, seconded by Councilman Perkins and carried unanimously by all members present to direct the City Manager to arrange a meeting with the developer of Country Way, the Mayor and himself and report the outcome at the next meeting (October 17, 1979). F. GENERAL ORDERS & UNFINISHED BUSINESS: 1. Request from Mr. & Mrs. Scarampi for encroachment into Moody Road to build a six foot redwood fence, 25550 Moody Road. The City Manager first told Council of the Stop Work Order placed by the Building Official when the installation of this fence into the Moody Road right-of-way was first noted and cited this as the reason for the request now before them. Mr. Scarampi, 25550 Moody Road, stated that the proposed fence was three feet from the pavement at its closest point, showed various maps and exhibits in support of his request and stressed their need to obtain more privacy for their property with the placement of this fence. Councilmembers discussed the constraints placed by right-of-way widths, the necessity along Moody Road to maintain sufficient width for safety due to the high use there, and the confusion that oftens exists regarding property owner's inability to construct within dedicated areas for streets. It was suggested that the fence be constructed part way down the slope. -4- CITY COUNCIL MINUTES - October 3, 1979 F. GENERAL ORDERS & UNFINISHED BUSINESS: (Continued) `, 1. Mr. & Mrs. Scarampi Request (Continued) Mr. Scarampi 25550 Moody Road, responded that locating the fence down the slope would not afford visual protection, would not minimize noise and would not solve the litter problem along the embankment. Councilmembers spoke for landscaping the area between the fence and the right-of-way. They cited their concerns for safety and liability along Moody Road as being greatly impeded by placing a structure in the proposed area. MOTION SECONDED AND CARRIED: Moved by Councilman Nystrom, seconded by Councilwoman Hillestad and carried unanimously by all members present to deny the request by Mr. and Mrs. Scarampi for encroachment into Moody to build a six foot redwood fence, stipulating that they may come back with an amended plan. G. NEW BUSINESS 1. Consideration of Resolution concerning annexation of certain property, LAH 79-1, Magdalena Avenue. MOTION SECONDED AND CARRIED: Moved by Councilwoman Hillestad, seconded by Councilman Nystrom and passed unanimously by all members present to adopt Resolution #1239 approving the annexation of certain uninhabited territory designated as Magdalena 79-1 Annexation to the City of the Town of Los Altos Hills. Councilwoman Hillestad questioned the budgeting for the construction of the Multi - Purpose Barn and asked that this item be agendaed for the next meeting. �r There being no further new or old business to discuss, the City Council adjourned at 9:55 p.m. 4W Respectfully submitted, Susan Buttler Deputy City Clerk -5-