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HomeMy WebLinkAbout02/15/1978CWJ CITY COUNCIL TOWN OF LOS ALTOS HILLS 26379 Fremont Road Los Altos Hills, California MINUTES OF A REGULAR MEETING Wednesday, February 15, 1978 cc: Reel 107, Side 2, Tr. 2, 176-1228 Mayor Pro Tem Hillestad called the Regular Meeting of the City Council to order at 7:36 PM in the Council Chambers of Town Hall. A. ROLL CALL d PLEDGE OF ALLEGIANCE: Present: Mayor Pro Tem Hillestad, Councilmembers Cheney, McReynolds and Proft. Absent: Mayor Brown. Staff: City Manager Robert Crowe, Ctty Attorney Frank Gllilo, City Engineer Alexander Russell, Commissioner Joseph Dochnahl for the Planning Commission, Engineer/Planner John Markl and Deputy City Clerk Susan Buttler. Press: Doane Yager, Town Crier and Richard Hanner, Palo Alto Times. 4 B. CONSENT CALENDAR: For the benefit of those members of the audience who wished to speak to Item E. 2. a) of the agenda, Mayor Pro Tem Hillestad introduced a letter from a representative of the Applicant requesting a continuance to March 15, 1978, due to a family emergency. Thereafter, Councilman McReynolds requested removal of Item B. I. for separate consideration. MOTION SECONDED AND CARRIED: Moved by Councilman McReynolds, seconded by Council- man Proft and passed unanimously by all members present to approve the balance of the Consent Calendar, specifically: 2. Approval of Warrants: $23,618.06. 3. Motions for Adoption: a) LANDS OF LAMBERT, File TM #2074-77, granting time extension to 4/5/78 for Planning Commission consideration. b) LANDS OF CASTERSON, File TM #2075-77, granting time extension to 4/5/78 for Planning Commission consideration. c) LANDS OF MUELLER, File TM #2072-77, setting March I, 1978, as the Public Hearing date. 4. Actions of the Variance 8 Permit Comm isslon: a) LANDS OF EVANS, File VAR #7048-77, approved Variance request subject to conditions as recommended by the Variance 8 Permit Commission. b) LANDS OF C.C. YIN, File VAR #7049-78, approved Variance request subject to conditions as recommended by the Variance 8 Permit Commission. CITY COUNCIL MINUTES - February 15, 1978 B. CONSENT CALENDAR: (Continued) Councilman McReynolds advised of the following corrections to the Minutes of February I, 1978: Page I, Motion for approval of Consent Calendar - Insert McReynolds after seconded by Councilman....; Page 4, next to last motion on the page should read: Thereafter, moved by Councilman McReynolds, seconded by Councilman Cheney and passed unanimously by all members present to: Appoint a 5 member (one by each Councilmember) Ad Hoc Committee to work with the organized joggers to establish safety regulations, routes and procedures to be followed for the Sunday Fun Runs. MOTION SECONDED AND CARRIED: It was then moved by Councilman Cheney, seconded by Councilman Proft and carried unanimously by all members present to approve the remaining Item on the Consent Calendar, specifically: I. Approval of Minutes: February I, 1978. C. SPECIAL REPORTS: I. Reports of Standing Committees: None 2. Reports of Ad Hoc Cowlttees: None 3. Presentations from the Floor: None D. STAFF - REPORTS, CORRESPONDENCE 8 ANNOUNCEMENTS: 4 I. City Manager: a) Unemployment Insurance - Determine method of making payments. Mr. Crowe supplied data on the recent legislation mandating unemployment Insurance for public employees and the need for Council to determine payment method pending the outcome of litigation to thwart this stipulation. MOTION SECONDED AND CARRIED: Moved by Councilman Proft, seconded by Mayor Pro Tem Hlllestad and passed unanimously by all members present to participate in the Local Public Entity Employees Fund with costs Incurred to be paid under protest. Mayor Pro Tem Hlllestad felt this would be a good time to appoint members to the Ad Hoc Committee on Jogging which was accomplished as follows: for Mayor Brown - Nancy Yeend; Mayor Pro Tem Hlllestad - Irmgard Chu; Councilman McReynolds - Dr. John Nicholson; Councilman Proft - Forrest Blue; and, Councilman Cheney - Louis Alpinieri (reported to Staff subsequent to the meeting). Consensus was to send written notice to these appointees and designating Dr. Nicholson as temporary Chairman for their first meeting. Councilman Proft questioned the crossing guard status for St. Nicholas and was advised by Staff that a student from Foothill College was being utilized with a rate of pay of $7.00 per day. E. SPECIAL ORDERS: I. Request by Applicant for deletion of Condition - LANDS OF BORRALL, File BSA #6098-77. 4W Following Introduction by the City Manager, the Engineer/Planner John Markl pointed out the area Involved and the driveway grading and retaining wall work to be ac- complished by the Applicant. Councilman McReynolds questioned the impact of this modification. -2- CITY COUNCIL MINUTES - February 15, 1978 E. SPECIAL ORDERS: (Continued) I. LANDS OF BORRALL (Continued) Mr. Chor, Engineer for the Applicant, outlined the soils investigations that had been made, efforts made for slope stabilization and how this change would provide for a more gentle access to Central Drive. MOTION SECONDED AND CARRIED: Then moved by Councilman Proft, seconded by Council- man McReynolds and carried unanimously by all members present to approve the Applicant's request and amend the last sentence of Condition 12 to read: The driveway slope shall be as shown on the Site Development plan for driveway. 2. Public Hearings: a) Resolution providing for the cancellation of Land Contracts. Continued to March 15, 1978, at the request of Applicant. b) Request for Tentative Map Approval, LANDS OF DAWSON, File TM #2073-77. The City Manager detailed for Council the proposed 42 homesites on this 70+ acre parcel with discussion following on the first order of business, namely, consid- eration of the Negative Declaration. Mr. Hatfield, Priscilla Lane, asked to speak In representation of adjacent prop- erty owners concerned about the many environmental Issues that had not been addressed properly for this subdivision. Specifically, he cited: visual and aesthetic treatment; effects on plants and wildlife; overburdening of Municipal services; air quality - dust problems; and, Impact on archeological finds in that area. He further stated his objection to Staff recommendation for the filing of a Negative Declaration and urged Council to consider an Environmental Impact Report. Mr. Gregorwlch, Chairman - Noise Abatement Committee, told of the first noise study done by the developer calling for no mitigating measures and In complete disagreement with a Caltrans study. However, a second study had been submitted designating berms, etc. which would resolve noise problems and therefore more In keeping with the Committee's recommendations. Thereafter, the City Attorney clarified the steps to be followed in determining the necessity of preparing an Environmental Impact Report and which are detailed completely In Resolution #1065. Staff discussion followed on the areas covered, specifically: geological investigations; soils reports; traffic studies; noise and mitigating measures; and, sanitation requirements. It was further determined that all municipal services agencies had responded, with the exception of the Sheriff's office. Mr. Hatfield, Priscilla Lane, still felt that the overall impact of this sub- division could only be properly addressed with an E.I.R. and reiterated the areas of concern as stated above. Mr. Lambert, Applicant's Representative, felt that they had tried to cover all aspects of an Environmental Impact Report with the possible exception of Inves- tigating archeological locations. He objected to the boilerplate concept of an E.I.R. and the need for one for this subdivision when considering all the meetings and effort expended to date. -3- CITY COUNCIL MINUTES - February 15, 1978 E. SPECIAL ORDERS: (Continued) 4W 2. b) LANDS OF DAWSON (Continued) Mayor Pro Tem Hillestad questioned the impact on community services and the Town budget. Mr. Lambert Applicant's Representative, reiterated the notification procedures that had been followed for service agencies and monies deposited with the Town for work accomplished. He further stated that all reports prepared to conjunc- tion with this subdivision were done by unbiased, Independent sources and the subjective definition of aesthetic qualities nearly impossible to determine. Commissioner Dochnahl told of the many hours the Planning Commission had expended with strict attention being paid to environmental factors. Councilman Cheney questioned the Inconsistency in requiring E.I.R.'s for one subdivision and not for another and was advised that the subdivision he referenced (Saddle Mtn.) had merely updated an E.I.R.,rather than being told to prepare one by Staff. MOTION SECONDED AND CARRIED: Then moved by Councilman Cheney, seconded by Councilman McReynolds and carried by the following roll call vote to not adopt a Negative Declaration for the Lands of Dawson, File TM #2073-77. AYES: Council members Cheney, McReynolds and Proft. NO: Mayor Pro Tem Hillestad. ABSENT: Mayor Brown. ABSTAIN: None. 6 Mr. Lambert Applicant's Representative, asked for specific areas to be covered in the E.I.R. preparation. Councilman McReynolds requested that all items outlined previously be covered In onecomplete document for public scrutiny with attention to the noise problems. Councilman Proft felt that the Impact of placing houses in the densely wooded areas of Lots 32, 34, 35, 36, 37, 38, 39, 40 and 41 (tree removal needed) be addressed. Mayor Pro Tem Hillestad asked for more Input on the effects on municipal services and archeological findings. Councilman Cheney questioned the destruction of the well tended orchard. He further took umbrage with Staff defense of developers rather than the Town, stating that a boilerplate E.I.R. was not the answer, instead a fresh approach should be taken to this whole matter. Mr. Stewart, Chairman/Planning Commission, reiterated the many hours spent walking the property and the feeling that all environmental areas had been thoroughly covered. The City Attorney then outlined actions to be taken: (1) Council approval of who prepares the E.I.R.; (2) Follow public notice procedures; and, (3) No Planning Commission consideration required. He further referenced Resolution #1065 for the edification of all Involved. c) Request for Tentative Map Approval, LANDS OF CRIST, File TM #2062-77. MOTION SECONDED AND CARRIED: Moved by Councilman Cheney, seconded by Mayor Pro Tem Hillestad and passed unanimously by all members present to adopt the Nega- tive Declaration, Lands of Crlst. 400 -4- CITY COUNCIL MINUTES - February 15, 1978 E. SPECIAL ORDERS: (Continued) `. 2. c) LANDS OF CRIST (Continued) MOTION SECONDED AND CARRIED: Following discussion on the Applicant's letter of request, it was moved by Councilman McReynolds, seconded by Mayor Pro Tem Hillestad and carried unanimously by all members present to amend Condition 9 to read: The existing well located on Lot I may be retained for agricultural purposes unless it Is within 100' of a drainfield, then it must be filled according to Santa Clara Valley Water District Standards (Ordinance No. 232, Section 9-4.1110). Two questions were raised by Councilman Proft, specifically, the size of the sub- surface drain and the amount of earth removal required for this five lot subdivision. Mr. Markt replied that with the estimated flow at 20 cfs,the minimum diameter pipe that could be used would be 16". He then referenced soils reports and transparency to detail areas of garbage removal, grading and filling. Mr. Hirsch, Applicant's Representative, amplifled on the use of sifted clean soils after large debris removal, future types of structures and grading questions that would be resolved at time of Site Development. MOTION SECONDED AND CARRIED: Moved by Mayor Pro Tem Hillestad, seconded by Council- man Cheney and passed unanimously by all members present to approve LANDS OF CRIST, File TM #2062-77, subject to conditions as recommended by the Planning Commission and, as amended by Council. d) Request for Tentative Map Approval, LANDS OF TROEDSON, File TM #2067-77. MOTION SECONDED AND CARRIED: Moved by Mayor Pro Tem Hillestad, seconded by Council- man McReynolds and carried unanimously by all members present to adopt a Negative ` Declaration, LANDS OF TROEDSON. Discussion centered on the Applicant's request for modification of the pathway easement with emphasis on limiting pedestrian/equestrian traffic on Snell Court, a private road. Mrs. Flksdal, Chairwoman/Pathway Committee, said her only concern was in setting a precedent (walled off path areas) by removing this condition, but that path re- quirements for the area were being taken care of through the Berger property. 4W MOTION SECONDED AND CARRIED: Moved by Councilman McReynolds, seconded by Mayor Pro Tem Hillestad and passed unanl mously by all members present to amend Condition 8. (a) to read: Construct a 10' wide private equestrian trail and pedestrian ease- ment for the benefit of all lots in this subdivision between Lots 3 and 4. MOTION SECONDED AND CARRIED: Then moved by Councilman Proft, seconded by Mayor Pro Tem Hillestad and carried unanimously by all members present to delete Conditions 8. (b) and (c). MOTION SECONDED AND CARRIED: Moved by Councilman McReynolds, seconded by Council- man Proft and passed unanimously by all members present to add as new Condition Il: Reduce the pavement width of the cul-de-sac (Snell Court) to 18 feet, utilizing a hammerhead configuration. MOTION SECONDED AND CARRIED: Moved by Councilman Cheney, seconded by Mayor Pro Tem Hillestad and carried unanimously by all members present to amend Condition 10. (c) Path In -lieu fee: 5 Lots @ $300.00 Per Lot = $1,500.00, thus changing TOTAL FEES to $4,411.92. 6r CITY COUNCIL MINUTES - February 15, 1978 ([ E. SPECIAL ORDERS: (Continued) 2. d) LANDS OF TROEDSON (Continued) Thereafter, consensus of Council was to amend Condition 9: Omit - garage structure - Inserting Instead - house - . MOTION SECONDED AND CARRIED: Moved by Mayor Pro Tem Hillestad, seconded by Council- man McReynolds and passed unanimously by all members present to approve LANDS OF TROEDSON, File TM #2067-77, subject to conditions as recommended by the Planning Commission and, as amended by Council. F. NEW BUSINESS: Councilman Proft asked about the Inadequate lighting at the back of Town Hall and was advised by the City Manager that estimates on additional fixtureswouldbe looked Into during the re -landscaping project. G. ADJOURNMENT: There being no further new or old business to discuss, the City CounclI adjourned at 10:17 P.M. Respectfully submitted, Susan Buttler 40 Deputy City Clerk Att Items appear a6 ZUe.ted on .the Agenda.