HomeMy WebLinkAbout03/15/19784W
CITY COUNCIL
TOWN OF LOS ALTOS HILLS
26379 Fremont Road
Los Altos Hills, California
MINUTES OF A REGULAR MEETING
Wednesday, March 15, 1978
cc; Reel 108, Side 2, Tr. 1, 150 -End; Side 1, Tr. 2, 001-751
Mayor Lucile Hillestad called the Regular Meeting of the City Council to order at 7:34 PM
In the Council Chambers of Town Hall.
A. ROLL CALL & PLEDGE OF ALLEGIANCE:
Present; Mayor Lucile Hillestad, Councilmembers Brown, McReynolds, Nystrom and Prctt.
Absent: None.
Staff: City Manager Robert Crowe, City Attorney Frank GlIllo, City Engineer Alexander
Russell, Engineer/Planner John Markl, Commissioner Mary van Tamelen for the
Planning Commission and Deputy City Clerk Susan Buttler.
Press: Richard Hanner, Palo Alto Times.
B. CONSENT CALENDAR:
MOTION SECONDED AND CARRIED: Following Councilman McReynolds' request to remove the
Warrants for separate consideration, it was moved by Councilman Brown, seconded by
Councilman Proft and carried unanimously to approve the balance of the Consent Calendar,
specifically:
1. Approval of Minutes: March 1, 1978.
3. Motions for Adoption:
a) LANDS OF ARMES "C", File TM #2078-78, granting time extension for Planning
Commission consideration to 4/19/78.
b) LANDS OF BAHR, File TM #2079-78, granting time extension for Planning Commis-
sion consideration to 4/19/78.
c) LANDS OF NOLLER, File TM #2080-78, granting time extension for Planning Com-
mission consideration to 4/19/78.
d) LANDS OF TAYLOR, File TM #2077-78, granting time extension for Planning Com-
mission consideration to 4/19/78.
e) LANDS OF GERARD INVESTMENT, File TM #2071-77, setting April 5, 1978, as the
Public Hearing date.
4. Actions of the Variance & Permit Commission:
a) LANDS OF DUWE, File VAR #7046-77, approving the Variance request subject to
conditions as recommended by the Variance & Permit Commission.
5. Resolutions for Adoptior;
11W a) Resolution #1108 ordering the reduction of Assessment No. 755, Sewer Assess-
ment District No. 9.
b) Resolution #1109 adopfing an Emergency Plan dated February 1977.
c) Resolution #1110 setting a public hearing date of April t9, 1978, for the
Conflict of Interest Code.
CITY COUNCIL MINUTES - March 15, 1978
B. CONSENT CALENDAR: (Continued)
4hw Procedures necessary to approve Items removed from the previous Warrant List and the
City Manager's memo of explanation were discussed, resulting In the following motions.
MOTION SECONDED AND CARRIED: Moved by Councilman Brown, seconded by Councilman Proft
and passed unanimously to approve the Warrants for March 15, 1978.
MOTION SECONDED AND CARRIED: Moved by Councilman McReynolds, seconded by Councilman
Proft and carried unani mously to approve Warrants 3203 and 3214 from March 1, 1978.
C. SPECIAL REPORTS:
1.
Reports
of Standing Committees:
None
2.
Reports
of Ad Hoc Committees:
None
3.
Presentations from the Fl oor:
None
0. STAFF - REPORTS, CORRESPONDENCE & ANNOUNCEMENTS:
1. City Manager:
a) Nishiguchils Drainage Request
Mr. Crowe introduced the request and his memo which outlined the history of this drainage
problem. Council questions followed on cost estimates for this project, determination of
the Town's liability and, If approved, methods of assessment.
Mrs. Nishiguchi, Applicant stated that their contention was that work done on neighboring
property had caused the drainage diversion onto their property, however, she has no esti-
mates at this time . She further hoped that, if the Town would not pick up a portion of
the cost, they would help in obtaining easements across adjacent property for the work.
Mr. Stabb, Neighbor told of his problems In handling water from above, the method of
each successive owner accepting and facilitating the drainage and that he had not diverted
the flow, but had only lined the existing channel.
Mr. Vaughn, Contractor for the Applicant, outlined ways of handling the problem.
Thereafter, the City Attorney advised that Council would not be setting a precedent In
approving this request. Council determination followed that this was a natural
swale area and no other feasible building site existed on the lot.
NOTION SECONDED AND CARRIED: Moved by Councilman McReynolds, seconded by Councilman
Brown and passed by the following roll call vote to deny the request. Councilman
McReynolds stated the reasons for his vote as: (1) Lack of slope density requirements
when this subdivision was approved; (2) This should have been handled at time of site
development; and, (3) The property falls under the category of sub -standard.
AYES: Councilmembers Brown, McReynolds, Nystrom and Proft.
NOES: Mayor Hillestad.
ABSTAIN: None.
ABSENT: None.
b) Youth Facility - Gopher Control
Following introduction by the City Manager, discussion centered on the Town's liability
and the extent of the work needed Immediately. A motion to approve the appropriation
was tabled to New Business following Councilman Proft's suggestion that Council review
the lease agreement for maintenance obligations.
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CITY COUNCIL MINUTES - March 15, 1978
E. SPECIAL ORDERS:
AW 1. Request for Final Map Approval, LANDS OF COSTELLO, File FM #3045-78.
MOTION SECONDED AND CARRIED: Moved by Councilman Proft, seconded by Mayor Hillestad
and carried unanimously to adopt Resolution #1111 approving Final Parcel Map (Lot Line
Change).
MOTION SECONDED AND CARRIED: Moved by Councilman McReynolds, seconded by Councilman
Proft and passed unanimously to adopt Resolution #1112 approving Final Subdivision Map,
Tract 6289, and approving and authorizing execution of Subdivision Agreement, LANDS OF
COSTELLO, File FM #3045-78.
2. Public Hearings:
a) Request for cancellation of Williamson Act Contracts - LANDS OF PERRETT.
After the City Manager gave a brief history behind this request, the City Attorney
outlined his memo of March 10, 1978 pertinent to cancellation proceedings. Due to
the large representation In the audience, Mayor Hillestad requested that each speaker
limit his time to five minutes and keep delivery concise and courteous.
Mr. Ferrari, Altamont Road, represented those opposed to the cancellation and submitted
a petition with 360 residents'signatures In support of this opposition.
Mr. Semas, Applicant referenced excerpts from the Williamson Act relative to agricul-
tural use contending that this property did not fall under that category. He further
stressed deve'lopment would be In the interest of all residents, the monetary gains to
the Town, the consistency with the General Plan, the slight tax gain that had been made
and the large amounts of open space still preserved in Los Altos Hills.
L_ Speaking against the cancellation were: Jim Brown, Palo Alto; Donald McCauley, Ravensbury;
G. Ferrari, Altamont Rd.; Oscar Sobel, Christophers Lane; Beatrice Hagopian, Olive Tree
Lane; A.M. Laws, Hooper Lane; Kathleen Downey, Newbridge Dr.; Ed Snow, Olive Tree Lane;
John Hettinger, Priscilla Lane; D. Petersen, Prospect; M. Hickson, Sunnyvale; R. Hagopian,
Olive Tree Lane; M. Stevenson, Prospect; Joe Mendes, San Jose; and Judith Carico,
O'Keefe Lane.
Reasons cited for this opposition by the above were: (1) Taking away of Open Space now
used for hiking and riding; (2) Not In the public or the Town's Interest; (3) Inadequate
access available for future development in this area; (4) Against rural concept and
encouraging high density development; (5) Endangering wildlife; (6) Creating fire hazards;
(7) Inconsistent with the concepts of the Williamson Act, especially as adopted by the
Town; (8) Mis-use of the tax break advantage; (9) Constitutes the breaking of a valid
contract which Is binding on each successive owner (a known fact); and, (10) A precedent -
setting issue that must be decided in the Town's and residents' best Interest.
Speaking In support of the cancellation were: Paul Robbins, Moody Road; George Neary,
Stonebrook; Mr. Semas, Applicant; and, Mr. Perrett, Owner.
Items offered in support were: (1) Telegrams showing concurrence by many residents;
(2) Infringement on rights of the owner and developer; (3) Clauses In the Act which
provide for cancellation; (4) This privately -owned property was not available for hiking
or riding; (5) Developmnf would be compatible with surroundings, I.e., housing, free-
way and quarry; (6) The withdrawal penalty would greatly Impinge on the "tax advantage";
and, (7) The decision before the Town is one of growth versus no growth.
Upon closing of the public hearing, Council discussion centered on the Inconsistency of
this cancellation with provisions of the Williamson Act, local emphasis In compliance
4AW with the Act was also on Open Space, lots still available for building and the importance
of providing for the best Interests of the residents and the Town.
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CITY COUNCIL MINUTES - March 15, 1978
E. SPECIAL ORDERS; (Continued)
44W 2. a) Request for cancellation of Williamson Act Contracts (Continued)
MOTION SECONDED AND CARRIED: Moved by Councilman Nystrom, seconded by Mayor Hillestad
and carried unanimously to deny the request for cancellation of certain Williamson Act
Contracts - LANDS OF PERRETT.
b) Request for Tentative Map Approval, LANDS OF COUNTRY WAY SUBDIVISION, File
TM #2041-76.
The City Manager gave a brief summation of this application noting the deletion of two
lots and review by the Planning Commission as requested by Council.
Mr. Woolworth, Applicant referenced the revised map before Council and the Intent to
blend homes Into the area. He stressed his objection to the path request over the con-
servation easement.
Speaking for the pathway along the easterly side of the property were: Mrs. Flksdal,
Chairman/Pathway Committee; Jean Struthers, Robleda Road, Bob Stutz, Elena Road; Fran
Stevenson Beaver Lane; and, Mary Stutz, Elena Road.
Offered in support of this proposal were the following: (1) This path would provide a
vital connection between Page Mill Road and Duveneck property; (2) Would be a scenic
approach rather than sidewalk type of pathway; (3) Create the longest cross country
trail In the Town; (4) Measures could be taken to close the area during fire season;
(5) Proper construction would avoid erosion problems; (6) Motorcycle control can be
accomplished with barriers; (7) Within guidelines of the General Plan, this constitutes
a proper utilization of a conservation easement; and, (8) Would be in the public Interest
of the majority.
Speaking for the pathway as proposed along Country Way were: A. Woolworth, Applicant;
Michael Kuranoff, South Fork Lane; R. Swann, Leander; Michael Stewart, Chal man/Planning
Commission; W. Stegner, Three Forks Lane; C. Green, South Fork Lane; and, Bonnie Davis,
South Fork Lane.
Items noted against the pathway along the easterly side of the subject property were:
(1) Increased fire hazard created by encouraging pedestrian/equestrian traffic; (2)
Enticement of that area to motorcyclists; (3) Erosion problems; (4) Privacy infringe-
ment on current residents and residents of the new subdivision; (5) The proposed path
along Country Way would be more functional; and, (6) Damage would occur to the steep
terrain during the wet season.
M07ION SECONDED AND CARRIED: As it was past the hour of adjournment, it was moved by
Councilman McReynolds, seconded by Councilman Brown and carried unanimously to reset
the adjourning time to 12:30 AM.
Council discussion followed on the need to resolve these issues before the application
reaches this level of consideration.
MOTION SECONDED AND CARRIED: Moved by Councilman McReynolds, seconded by Mayor Hillestad
and passed unanimously to add the following to Condition 3: and approved by the City
Engineer.
MOTION SECONDED AND CARRIED: Moved by Councilman McReynolds, seconded by Mayor Hillestad
and carrli;d -unanimously to add the following to Condition 4: and certified by a Regis-
tered Civil Engineer.
MOTION SECONDED AND CARRIED: Moved by Councilman McReynolds, seconded by Councilman
4W Brown and passed unanimously to add the following to Condition 19, designation Item f:
Removal or destruction of live trees six inches in diameter, as measured three feet
off the ground, Is prohibited.
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CITY COUNCIL MINUTES - March 15, 1978
E. SPECIAL ORDERS: (Continued)
2. b) LANDS OF COUNTRY WAY SUBDIVISION (Continued)
MOTION SECONDED AND CARRIED: Moved by Councilman Proft, seconded by Councilman Nystrom
and carried unanimously to add the following sentence to Condition 10: Building fault
lines shall be shown on the Final Map.
MOTION SECONDED AND CARRIED: Moved by Councilman Nystrom, seconded by Councilman Brown
and passed by the following roll call vote to add as a new Condition: Dedicate a ten
foof pedestrian and equestrian pathway easement adjacent and contiguous to the easterly
boundary of the property and construct a natural pathway within this easement.
AYES: Mayor Hillestad, Councilmembers Brown, Nystrom and Proft.
NOES: Councilman McReynolds.
ABSTAIN: None.
MOTION SECONDED AND CARRIED: Moved by Councilman Brown, seconded by Mayor Hillestad and
carried unanimously to delete Condition 17.
MOTION SECONDED AND CARRIED: Moved by Councilman Proft, seconded by Councilman Nystrom
and passed unanimously to adopt a Negative Declaration for LANDS OF COUNTRY WAY SUBDIVISION
File TM #2041-76.
MOTION SECONDED AND CARRIED: Moved by Councilman Proft, seconded by Councilman McReynolds
and carried unanT mously to approve LANDS OF COUNTRY WAY SUBDIVISION, File IM #2041-76,
subject to conditions as recommended by the Planning Commission and, as amended above.
c) Request for Tentative Map Approval, LANDS OF HERRICK, File TM #2076-77.
Areas covered concerning this application were, briefly, history of the property,
archeological considerations and noise mitigating measures.
MOTION SECONDED AND CARRIED: Thereafter, moved by Mayor Hillestad, seconded by Councilman
Proft and passed unanimously to add as new Condition 15: If, during the installation of
Improvements, any object of archeological Importance Is uncovered the work shall cease
and a qualified Archeologist will be required to inspect the site for any archeological
remains and, if found, procedure should follow as outlined In Sections 9.601 through
9.605 of the Los Altos Hills Municipal Code.
MOTION SECONDED AND CARRIED: Moved by Councilman McReynolds, seconded by Councilman
Brown and carried unanimously to adopt a Negative Declaration for LANDS OF HERRICK,
File TM #2076-77.
MOTION SECONDED AND CARRIED: Moved by Councilman McReynolds, seconded by Councilman
Nystrom and passed unanimously to approve LANDS OF HERRICK, File TM #2076-77, subject
to conditions as recommended by the Planning Commission and, as amended above.
F. GENERAL ORDERS & UNFINISHED BUSINESS:
MOTION SECONDED AND CARRIED: Moved by Councilman McReynolds, seconded by Councilman
Proft and carried unanimously to adopt Resolution #1113 relating to the Land Use Section
of the ABAG Air Quality Management Plan.
G. NEW BUSINESS:
MOTION SECONDED AND CARRIED: Following review of the agreement between the Town and the
Little League (as tabled earlier In the meeting), it was moved by Councilman Brown,
seconded by Councilman Nystrom and passed unanimously to approve the appropriation of
$1,000 from the General Fund Unappropriated Fund Balance to be used for gopher control
at the Youth Facility.
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CITY COUNCIL MINUTES - March 15, 1978
G. NEW BUSINESS: (Continued)
04W MOTION SECONDED AND CARRIED: Following a brief history of access problems to the lot
In question, It was moved by Councilman Nystrom, seconded by Councilman Proft and passed
unanimously to adopt Resolution #1114 accepting certain easements on behalf of the
public.
There being no further new or old business to discuss, the City Council adjourned at
1:05 AM.
Respectfully submitted,
Susan Buttler
Deputy City Clerk
Att 1tem4 appeaA as tated on the Agenda.
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