HomeMy WebLinkAbout04/19/1978U
CITY COUNCIL
`, TOWN OF LOS ALTOS HILLS
26379 Fremont Road
Los Altos Hills, California
MINUTES OF A REGULAR MEETING
Wednesday, April 19, 1978
cc: Reel 109, Side I, Tr. 2, 001 -End; Side 2, Tr. 2, 001-235
Mayor Pro Tem Thomas McReynolds called the Regular Meeting of the City Council to order
at 7:31 PM In the Council Chambers of Town Hall.
A. ROLL CALL 8 PLEDGE OF ALLEGIANCE:
Present: Mayor Pro Tem McReynolds, Councilmembers Brown, Nystrom and Proft.
Absent: Mayor Hlllestad.
Staff: City Manager Robert Crowe, City Attorney Frank Gtlllo, City Engineer
Alexander Russell, Engineer/Planner John Markl, Commissioner William
Perkins for the Planning Commission and Deputy City Clerk Susan Buttler.
Press: Iver Davidson, Town Crier and Richard Hanner, Palo Alto Times.
B. CONSENT CALENDAR:
Councilman Nystrom requested the removal of Item 4. e) and Mayor Pro Tem McReynolds
requested the removal of the balance of Item 4. for separate consideration.
MOTION SECONDED AND CARRIED: Moved by Councilman Nystrom, seconded by Councilman
Proft and carried unanimously to approve the remainder of the Consent Calendar,
specifically:
I. Approval of Minutes: April 5, 1978.
2. Approval of Warrants: 820,317.97.
3. Motions for Adoption:
a) LANDS OF ARASTRA, LTD., File TM #2065-77, granting time extension for Plan-
ning Commission consideration to 6/22/78.
b) LANDS OF HORTON, File TM #2066-77, granting time extension for Planning
Commission consideration to 6/22/78.
c) LANDS OF CASTERSON, File TM #2075-77, granting time extension for Planning
Commisslon consideration to 6/22/78.
d) LANDS OF TAYLOR, File TM #2077-78, granting time extension for Planning Com-
mission consideration to 6/22/78.
e) LANDS OF BAHR, File TM #2079-78, granting time extension for Planning Com-
mission consideration to 6/22/78.
f) LANDS OF ASTRA ESTATES, File TM #2081-78, granting time extension for Plan-
ning Commission consideration to 6/22/78.
g) LANDS OF YELTON, File TM #2081-78, granting time extension for Planning
Commission consideration to 6/22/78.
h) LANDS OF HOLLER, File TM #2080-78, setting May 17, 1978 as the Public
Hearing date.
CITY COUNCIL MINUTES - April 19, 1978
B. CONSENT CALENDAR: (Continued)
4. a) thru d) - The City Manager outlined the history of Parkside Units 3 8 4 and,
after Council discussion on landslide, pathway clearing and road maintenance problems
in the area, consensus was to continue the Resolutions accepting Improvements to the
next meeting so that further inspections might be made by Staff.
4. e) Councilman Nystrom suggested this Item be continued for full Council partic-
Ipatlon.
MOTION SECONDED AND CARRIED: Moved by Councilman Nystrom, seconded by Councilman
Brown and passed unanimously to agenda to the next meeting the Resolution setting
the time and place of hearing on the proposed cancellation of a contract under the
Williamson Act.
C. SPECIAL REPORTS:
I. Reports of Standing Committees: None
2. Reports of Ad Hoc Committees:
Mayor Pro Tem McReynolds reported on the Grand Jury Investigation of the Transit
Agency, the order to reorganize and the mandating of advertising on bus stops.
Staff was then directed to prepare a second letter stating our opposition to this
advertisement proposal.
Councilman Proft told of the good work of the Community Health Abuse Council and
Invited all present to participate in their upcoming Treasure Hunt on Saturday,
May 6th on EI Camino Real in Mountain View.
Councilman Nystrom announced the Water Commission meeting for the following day.
3. Presentations from the Floor:
Mrs. Fava, Moody Road, questioned Council's long overdue response to a petition
submitted In February, 1977 concerning a ten acre dedication. She was advised that
negotiations would, hopefully, be resolved in the near future.
Mrs. Wood, Stonebrook Drive, asked about upcoming Budget Sessions and was advised
that. after submittal to Council in mid-May, public Sessions would follow shortly.
D. STAFF - REPORTS CORRESPONDENCE 8 ANNOUNCEMENTS:
1. City Manager:
a) Request for time extension for filing Final Subdivision Map, LANDS OF
ANDERSON, File TM #2052-77.
Following Introduction by the City Manager, Councilman Brown questioned It a time
extension would Impede much needed road refurbishing on the upper portion of Natoma.
Mr. Crowe answered that It would not and Natoma was high on the Town's list for repair.
MOTION SECONDED AND CARRIED: Moved by Councilman Proft, seconded by Councilman Nystrom
and carried unanimously to approve a time extension to April 19, 1979 for the filing
of a Final Parcel Map, LANDS OF ANDERSON.
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CITY COUNCIL MINUTES - April 19, 1978
D. STAFF - REPORTS CORRESPONDENCE & ANNOUNCEMENTS: (Continued)
I. b) Request for Encroachment Permit, K. & E. Tiefert, 10490 Albertsworth Lane.
The City Manager advised of the existing fence structure within Town -owned property,
built there due to survey mis-information and the property owner's request.
MOTION SECONDED AND CARRIED: Moved by Councilman Brown, seconded by Councilman Proft
and passed unanimously to approve the issuance of an Encroachment Permit for K. & E.
Tlefert, 10490 Albertsworth Lane.
2. City Attorney:
a) Request to set time for hearing on merger of property.
Continued at the request of the Applicant due to the absence of their attorney.
E. SPECIAL ORDERS:
I. Request for Final Map Approval, LANDS OF MUELLER, File FM #3050-78.
MOTION SECONDED AND CARRIED: Moved by Councilman Brown, seconded by Councilman
Nystrom and carried unanimously to adopt Resolution #1115 approving Final Subdivision
Map and approving and authorizing execution of Subdivision Agreement, LANDS OF
MUELLER, File FM #3050-78.
2. Public Hearings:
a) Resolution approving and adopting a Conflict of Interest Code for the
Department of Administration of Los Altos Hills.
The City Attorney outlined the State mandated requirement for financial disclosures
from all employees participating In decision making processes from which they might
receive monetary gains. There were no questions from the audience.
MOTION SECONDED AND CARRIED: Moved by Councilman Nystrom, seconded by Councilman
Brown and passed unanimously to adopt Resolution #1116 approving and adopting a
Conflict of Interest Code for the Department of Administration for the Town of Los
Altos Hills.
b) Request for re-conslderatlon of Negative Declaration and Tentative Map
Approval, LANDS OF DAWSON, File TM #2073-77.
Following direction by the City Attorney that discussion was to address the Motion
not to adopt the Negative Declaration first, the City Manager Introduced the revised
Tentative Map with 12.80+ acres dedicated to Open Space and the new noise and Hale
Creek environmental studies.
MOTION SECONDED AND FAILED: The original motion of February 15, 1978, not to adopt
the Negative Declaration, LANDS OF DAWSON, File TM #2073-77 failed by the following
roll call vote:
AYES: None.
NOES: Mayor Pro Tem McReynolds, Councilmembers Brown, Nystrom and Proft.
ABSENT: Mayor Hlllestad.
Commissioner Perkins questioned slope density compliance of this revised map and
was advised that, per our Ordinance, It was In accordance by utilizing Parcel 'A'
(dedicated Open Space) as part of the total computation. Council discussion followed
_w on Inclusion of mitigating measures In the Negative Declaration.
Mr. George E. L. Pack & Associates, spoke to mitigating noise measures for Lot 15.
Mr Gregorwlch Chairman/Noise Abatement Committee, questioned the revised noise study
and the use of evergreens for sound barrier plantings.
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CITY COUNCIL MINUTES - April 19, 1978
E. SPECIAL ORDERS: (Continued)
11 2. b) LANDS OF DAWSON (Continued)
Dr. Martin, Mt. View, objected to the Open Space dedication.
MOTION SECONDED AND CARRIED: Moved by Councilman Brown, seconded by Councilman Proft
and passed unanimously to adopt the Negative Declaration, LANDS OF DAWSON, File TM #
2073-77 with the following additional mitigating measures:
The measures out Il nod in the March, 1978 Study by Env l ros as well as measures
In the April 14, 1978 letter from Edward L. Pack 8 Associates, particularly
Item #1 on exterior nolse control which supercedes their previous recommenda-
tions, shall be adhered to In development of this property.
Also considered as a mitigating measure is the dedicated Open Space as shown
on the revised Tentative Map, dated April 17, 1978.
The City Manager described the subject property location and the modifications to
the Checklist of Conditions to apply to the revised Tentative Map.
Mrs. Struthers, Pathway Committee, asked if there were any pathway revisions and was
advised that they were as before.
MOTION SECONDED AND CARRIED: Moved by Councilman Proft, seconded by Councilman
Nystrom and carried unanimously to add the following to Condition I:
e) Recommendations contained In the Terrasearch Solis Investigation #1843-G,
dated October, 1977 and #1843-E, dated December, 1977, will be considered
minimum standards to be carried out for any grading or construction work
in this subdivision.
PASSED BY CONSENSUS: Amendments to two items of Condition 5 as follows:
b) Well shed on proposed Lot 2 shall be removed and the well protected by a
smaller cover.
c) All surface debris along Hale Creek with the exception of the existing
well facility.
PASSED BY CONSENSUS: Amendments to Condition 10 - leave the first sentence and
add the following:
The existing wells on proposed Lots 22 and Parcel 'A' and the ten foot (101)
water line easement from Lot 41 through Parcel 'A' to the existing well and
the 30' x 401 easement for well purposes, as shown on the revised Tentative
Map, dated April 17, 1978, may remain.
a) The well easement area may be fenced and a 101 x 101 x 10' pumphouse
may be constructed in accordance with building regulations.
PASSED BY CONSENSUS: In Condition 12, change the number 9 to 8 (standard fire
hydrants).
MOTION SECONDED AND FAILED: Moved by Councilman Nystrom, seconded by Councilman
Proft and failed by the following roll call vote to delete Items b) and c), Condition
13.
AYES: Mayor Pro Tem McReynolds and Councilman Brawn.
NOES: Councilmembers Nystrom and Proft.
ABSENT: Mayor Hlllestad.
PASSED BY CONSENSUS: Amendment to Condition 18:
The recommendations as modified by the limiting of Lot 15 planting to 150'
southerly along Magdalena In the Edward L. Pack 8 Associates Report, dated
April 14, 1978 shall be Implemented.
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CITY COUNCIL MINUTES - April 19, 1978
E. SPECIAL ORDERS: (Continued)
2. b) LANDS OF DAWSON (Continued)
During the amendment process, Council discussion centered on access to the property,
uses permitted In the Town -owned Open Space area and methods of alerting purchasers
to noise problems.
Mr. Gregorwich Noise Abatement Committee questioned tree planting and maintenance
requirements to be enforced by the Town.
Mr. Lambert, Developer, stated they will follow the Pack Report recommendation for
evergreen seedlings.
Mr. Gregorwich, Noise Abatement Committee, strongly suggested potted Eucalyptus or
Arizona Cypress be utilized.
Mr. Bane, Magdalena, requested that the plantings be staggered and was advised that
they would be.
PASSED BY CONSENSUS: Amend Condition 19 as follows:
Access to Lot 37 having frontage on the conservation easement shall be allowed
with either a bridge or culvert. The Improvements within the conservation
easement shall be subject to review at the time of Site Development.
PASSED BY CONSENSUS: To amend and add the following to Condition 21:
c. Dedicate a ten foot (101) equestrian and pedestrian easement along the
southeasterly line of Lots 1-5 and 13-15 and between Lots 17 and 18.
f. Construct a ten foot (101) equestrian/pedestrian easement along Lots 32
and 33 joining Dawson Drive with Parcel 'A'.
g. Construct a ten foot (101) pedestrian easement along the common boundary
lines of Lots 36, 37, 38 and 39 joining Dawson Drive with Parcel 'A'.
PASSED BY CONSENSUS: To delete Item b. from Condition 13.
PASSED BY CONSENSUS: To amend Condition 22 as follows:
The keeping of hoofed animals shall be prohibited on Lots 1-4 and 32-40.
PASSED BY CONSENSUS: To add as new Condition 23 the following:
All mitigating measures as specified in the Negative Declaration shall be
Included In the Tentative Map approval.
PASSED BY CONSENSUS: To add as new Condition 24 the following:
The Applicant shall be granted a Conditional Exception to include Parcel 'A'
for the purpose of determining slope density calculations for this subdivision.
MOTION SECONDED AND CARRIED: Moved by Councilman Proft, seconded by Councilman
Nystrom and carried unanimously to approve LANDS OF DAWSON, File TM #2073-77
subject to Conditions as recommended by the Planning Commission and, as amended
above with mitigating measures added to the Negative Declaration.
b) Request for re -consideration of Negative Declaration and Tentative Map
Approval, LANDS OF GERARD INVESTMENT, File TM #2071-77.
4 Following a brief explanation of the new solls Investigation before Council by
the City Manager, the Public Hearing was opened for consideration of the Negative
Declaration.
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CITY COUNCIL MINUTES - April 19, 1978
E. SPECIAL ORDERS: (Continued)
040 2. e) LANDS OF GERARD INVESTMENT (Continued)
Mr. Lambert. Applicant, stressed that proper drainage should control earth slippage
In that area.
Mr. Amer, Terrasearch, answered Council questions regarding the Investigation and
ways of avoiding future landslides with Soils Engineering review at various stages
of development.
Discussion ensued on the Inadequacy of previous methods In dealing with inherent
soils problems near and on this particular property. Councilman Brown suggested
the following Motion to help alleviate Council concerns.
MOTION SECONDED AND CARRIED: Moved by Councilman Brown, seconded by Councilman
Nystrom and passed unanimously to adopt the Negative Declaration, LANDS OF GERARD
INVESTMENT, File TM 712071-77 with the following additional mitigating measures:
I. A final soils report shall be accomplished by a soils engineer as defined
by Ordinance No. 232, Section 9-4.804.
a. Final soils report shall address the Tentative Map, dated September
1977 and encompass, but not be limited to, areas of existing and pro-
posed grading, surface drainage, expansive lolls, landslide potential
(if applicable), suggested foundation and retaining wall design.
b. Final soils report shall be submitted for review and approval of the
City Engineer and Town Geologist. Additional conditions may be Imposed
based on findings.
`r c. Final soils report must be submitted prior to the acceptance of the
Final Map by the City Council.
d. In the Instance of a highly negative final soils report, not capable
of remedial treatment, the Town may not approve the Final Map.
e. Detailed drainage plans must be submitted to the City Engineer and
Town Geologist for final review and approval.
f. Recommendations contained in the Terrasearch Soils Investigation #1712-E,
dated April 12, 1978 will be considered minimum standards to be carried
out for any grading or construction work In this subdivision.
PASSED BY CONSENSUS: To change Condition I. to read exactly as the additional
gating Measure on the Negative Declaration as shown above.
MOTION SECONDED AND CARRIED: Moved by Councilman Proft, seconded by Councilman Brown
and carried unanimously to delete Condition 8. (a) and add the following to Condition
13:
b. On Lot 4, extend the conservation easement across the 660 contour line.
c. Extend the conservation easement along the easterly boundary of Lot 3
to encompass the bottom of the swale.
MOTION SECONDED AND CARRIED: Than moved by Councilman Proft, seconded by Councilman
Brown and passed unanimously to approve LANDS OF GERARD INVESTMENT, File TM #2071-77
subject to Conditions as recommended by the Planning Commission and, as amended above
with mitigating measures added to the Negative Declaration.
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CITY COUNCIL MINUTES - April 19, 1978
E. SPECIAL ORDERS: (Continued)
�J 2. d) Request for Tentative Map Approval, LANDS OF LAMBERT, File TM #2074-77.
MOTION SECONDED AND CARRIED: Being past the hour of adjournment, it was moved by
Councilman Brown, seconded by Councilman Proft and carried unanimously to continue
the meeting until completion of all Items on the Agenda.
MOTION SECONDED AND CARRIED: Moved by Councilman Proft, seconded by Councilman
Nystrom and passed unanimously to adopt a Negative Declaration, LANDS OF LAMBERT,
File TM #2074-77.
MOTION SECONDED AND CARRIED: Following a brief discussion on this parcel split, It
was moved by Councilman Proft, seconded by Councilman Brown and carried unanimously
to approve LANDS OF LAMBERT, File TM #2074-77 subject to Conditions as recommended
by the Planning Commission.
e) Request for Conditional Use Permit, LANDS OF BERRY HILL FARMS, File C.U.P.
#8028-77 (to be heard In conjunction with LANDS OF LAMBERT).
PASSED BY CONSENSUS: To change "apartments" in Condition I. (a) to read "dwelling
units".
PASSED BY CONSENSUS: To add the following to Condition I:
(d) Horse stalls and walkways shall be swept clean daily and sprayed so as to
ensure effective fly and odor control.
PASSED BY CONSENSUS: To change "during horse show hours" in Condition 13 to read
"from 10:00 a.m. to 5:00 p.m.".
PASSED BY CONSENSUS: To add the following condition:
19. Upon termination of this Conditional Use Permit, one kitchen facility in
one of the dwelling units will be removed.
MOTION SECONDED AND CARRIED: Thereafter, moved by Councilman Brown, seconded by
Councilman Proft and passed unanimously to approve LANDS OF BERRY HILL FARMS, File
C.U.P. #8028-77 subject to Conditions as recommended by the Planning Commission and,
as amended above.
F. NEW BUSINESS:
MOTION SECONDED AND CARRIED: Moved by Councilman Proft, seconded by Councilman Brown
and carried unanimously to continue LANDS OF ARMES "C", File TM #2078-78 to the
meeting of May 17, 1978.
Council discussion followed on items still to be brought Into compliance for the
Adobe Creek Conditional Use Permit and ways to resolve this Issue quickly.
MOTION SECONDED AND CARRIED: Moved by Councilman Proft, seconded by Councilman
McReynolds and passed unanimously to set the first meeting In June for the Annual
Review date for C.U.P. #8004-74.
MOTION SECONDED AND CARRIED: Moved by Councilman Proft, seconded by Councilman
Brown and carried unanimously to direct the City Attorney to advise D. Belluccl
to bring into compliance areas specified in subparagraph'q'of Paragraph 9 of CUP
#8004-74 by May 8, 1978 and Institute whatever legal steps necessary to enforce
this action.
There being no further new or old business to discuss, the City Council adjourned
at 12:01 AM.
Respectfully submitted,
Susan Bu tler
Deputy C ty Clerk
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