HomeMy WebLinkAbout05/17/1978CITY COUNCIL
y TOWN OF LOS ALTOS HILLS
26379 Fremont Road
Los Altos Hills, California
MINUTES OF A REGULAR MEETING
Wednesday, May 17, 1978
cc: Reel 109, Side 2, Tr. 2, 380 -End; Side I, Tr. I, 001-731
Mayor Lucile Hillestad called the Regular Meeting of the City Council to order at 7:37 PM
in the Council Chambers of Town Hall.
A. ROLL CALL $ PLEDGE OF ALLEGIANCE:
Present: Mayor Hillestad, Counciimembers Brown, McReynolds, Nystrom and Proft.
Absent: None.
Staff: City Manager Robert Crowe, City Attorney Frank Glllto, City Engineer
Alexander Russell, Commissioner Michael Stewart for the Planning Com-
mission and Deputy City Clerk Susan Buttler.
Press: Florence Pallakoff, Los Altos Town Crier.
B. CONSENT CALENDAR:
Councilman Brown requested the removal of the April 19th Minutes; Mayor Hillestad
requested removal of the May Ist Minutes, Item 7 and Item 8; Councilman McReynolds
requested removal of Items 6. b) and c) and Item 10; and Councilman Proft requested
removal of Item 3.
MOTION SECONDED AND CARRIED: Moved by Councilman Nystrom, seconded by Councilman
Proft and carried unanimously to approve the balance of the Consent Calendar,
specifically:
2. Approval of Warrants: $36,640.05.
4. Motions for Adoption:
a) LANDS OF CASTERSON, File TM #2075-77, setting May 31, 1978 as the Public
Hearing date.
5. Actions of the Planning Commission:
a) LANDS OF FREMONT HILLS COUNTRY CLUB, File C.U.P. #8010-76, granting renewal
of Conditional Use Permit.
6. Resolutions for Adoption:
a) Resolution #1118 approving and authorizing execution of Addendum to Sub-
division Agreement.
d) Resolution #1121 accepting certain Improvements, "Parkside - Unit 3",
Tract No. 5068.
e) Resolution #1122 accepting certain streets and roadways Into the street system
C of Los Altos Hills and accepting certain ways or easements, "Parkside -
Unit 3", Tract No. 5068.
f) Resolution #1123 accepting certain Improvements, "Parkside - Unit 4",
Tract No. 5072.
CITY COUNCIL MINUTES - May 17, 1978
8. CONSENT CALENDAR: (Continued)
4• 6. g) Resolution #1124 accepting certain streets and roadways Into the street
system of Los Altos Hills and accepting certain ways or easements,
"Parkside - Unit 4", Tract No. 5072.
9. Granting request for time extension to May 17, 1979 for filing of Final Map,
LANDS OF McGOWEN, File TM #2042-76.
The Items removed for separate consideration were resolved as follows:
MOTION SECONDED AND CARRIED: Moved by Councilman Proft, seconded by Mayor Hillestad
and passed unanimously to amend the 6th paragraph of the Minutes of April 19th to
read:
PASSED BY CONSENSUS: All references on the map and in the conditions to read
"dwelling units".
PASSED BY CONSENSUS: Mayor Hillestad requested the call to order time on the Minutes
of May Ist be appropriately changed to "4:12 PM".
PASSED BY CONSENSUS: Councilman Proft requested the following change to Condition #1
on Item 3. a) LANDS OF WESTALL, File BSA #6105-78: In the next to last sentence,
change "review" to "approval" and add the following sentence - Recommendations of the
Soils Engineer shall be considered minimum standards.
Councilman McReynolds opened discussion on Items 6. b) and c) by stating his concerns
on setting a re -hearing of this matter causing a backlog of other requests, the threat
of litigation and the necessity of taking sworn testimony.
MOTION SECONDED AND FAILED: Moved by Councilman McReynolds, seconded by Councilman
Nystrom and failed by the following roll call vote to set a Public Hearing date In
September on the proposed cancellation of a Williamson Act Contract.
AYES: Councllmembers McReynolds and Nystrom.
NOES: Mayor Hillestad, Councllmembers Brown and Proft.
The City Attorney strongly urged setting June 21, 1978 as the Public Hearing date
and recommended the adoption of Resolutions before Council with motions on Hearing
procedures Immedlately following.
MOTION SECONDED AND CARRIED: Moved by Councilman Brawn, seconded by Councilman
Proft and carried unanimously to adopt Resolution #1119 setting time and place of
hearing on adoption of proposed Negative Declaration.
MOTION SECONDED AND CARRIED: Moved by Councilman Proft, seconded by Councilman
Brown and passed unanimously to adopt Resolution #1120 setting time and place of
hearing on proposed cancellation of Williamson Act Contract.
MOTION SECONDED AND CARRIED: Moved by Councilman McReynolds, seconded by Mayor
Hillestad and carried unanimously to declare Council's Intent, at the Public
Hearing of June 21, 1978, to take all oral testimony under sworn oaths and all
written material under penalty of perjury.
MOTION SECONDED AND CARRIED: Thereafter, moved by Councilman McReynolds, seconded
by Councilman Proft and passed unanimously that a court reporter, qualified to serve
as same In the State of California, be present to transcribe the entire proceedings
I of the Public Hearing on the proposed adoption of a Negative Declaration and pro-
` posed cancellation of the Williamson Act Contract.
MOTION SECONDED AND CARRIED: Moved by Mayor Hillestad, seconded by Councilman
Nystrom and carried unanimously to appoint Councilman Thomas McReynolds to serve
on the Santa Clara County Transportation Commission for the term expiring June 30,
1979.
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CITY COUNCIL MINUTES - May 17, 1978
B. CONSENT CALENDAR: (Continued)
4W MOTION SECONDED AND CARRIED: Moved by Mayor Hlllestad, seconded by Councilman
Proft and passed unanimously to recommend the re -appointment of Mrs. Masel Sheehan
to the Santa Clara County Library Commission.
Councilman McReynolds questioned granting the request under Item 10 due to water
access problems and Inherent fire protection inadequacies. Discussion followed
on lack of Town control over the timing of water Installations, improvements that
had been completed on the subject property and guidelines for the future.
MOTION SECONDED AND CARRIED: Moved by Councilman Nystrom, seconded by Councilman
Proft and carried unanimously to continue this Item (Request for time extension for
completion of Improvements, LANDS OF DICKINSON, File FM #3041-77) to the next meeting
In order to receive a full report from Staff.
MOTION SECONDED AND CARRIED: Moved by Councilman Proft, seconded by Councilman
Nystrom and passed unanimously to approve the balance of the Consent Calendar
(more specifically as shown above).
C. SPECIAL REPORTS:
I. Reports of Standing Committees: None
2. Reports of Ad Hoc Committees: None
3. Presentations from the Floor:
Mayor James E. Jackson, Cupertino, outlined details of the proposed Inter -City
116,
Council Fall Conference at Asllomar, specifically, the need for cities to meet
to productive exchange of Ideas and problems of their mutual concern. He cited
urban development, paramedic Jurisdictions, transportation and distribution of
sales taxes as some areas to be considered, thereafter, requesting Council's
support of the Conference.
MOTION SECONDED AND CARRIED: Moved by Councilman Nystrom, seconded by Mayor
Hlllestad and passed unanimously to endorse participation in the Fall Inter -
City Conference.
D. STAFF - REPORTS. CORRESPONDENCE 8 ANNOUNCEMENTS
I. City Attorney:
a) Request for merger of property, Lands of Love, also known as Gibson.
Mrs. Gibson, Applicant, stated she had not been notified of this hearing.
The City Attorney clarified the matter before Council to set the hearing date on
this matter and offered history relative to the Applicant's request.
MOTION SECONDED AND CARRIED: Moved by Councilman McReynolds, seconded by Councilman
Proft and carried unanimously to set June 21, 1978 as the hearing date for the Request
for merger of property.
b) Accident Claim - Ronald Fame.
MOTION SECONDED AND CARRIED: Following introduction by the City Attorney of the
Leave to Present Late Claim, It was moved by Councilman McReynolds, seconded by
tCouncilman Proft and passed unanimously to deny the Claim and refer It to the Town's
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Insurance carrier on the grounds that the matter was not filed til April 12, 1978
(approximately one year after the accident) and the Town could be prejudiced In the
sense that so much time having elapsed since the incident In which they did not have
prior knowledge that there would be a claim.
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CITY COUNCIL MINUTES - May 17, 1978
E. SPECIAL ORDERS:
I. Request for Final Map Approval, LANDS OF SADDLE MTN. ESTATES, File FM #3048-78.
The City Engineer began the discussion by pointing out the removal of two lots, as
requested, and questioned Council's position on sign placement on Arastradero.
Mrs. Chown, Moon Lane, asked to see the effects of the lot line changes.
This and other areas were displayed on the transparency with discussion following
on water requirements (as discussed previously In the meeting) and at what time,
during development, they would be required.
Mr. Meyer, Bas Homes, Developer, felt that this was a moot point in this case as,
until the Installation of a water line, there is no existing water service to this
property.
Mrs. Vucinlch, Moon Lane, stated her concerns as to drainage problems.
Clarification was provided on bond posting by the developer and procedures followed
for completion of Improvements.
MOTION SECONDED AND CARRIED: Moved by Councilman Proft, seconded by Councilman
Nystrom and carried unanimously to adopt Resolution #1125 approving Final Subdivision
Map and approving and authorizing execution of Subdivision Agreement, LANDS OF
SADDLE MTN. ESTATES, File FM #3048-78.
2. Public Hearings:
a) Request for Tentative Map Approval, LANDS OF ARMES, File TM #2078-78.
MOTION SECONDED AND CARRIED: Moved by Councilman Brown, seconded by Councilman
Nystrom and passed unanimously to adopt a Negative Declaration, LANDS OF ARMES,
File TM #2078-78.
After a brief discussion concerning the map before Council, Councilman Proft
questioned the absence of a grading plan as required by Ordinance 232.
Mr. Clegg, Engineer for the Applicant, stated that driveway configurations were as
shown on the Tentative Map, dated March 20, 1978.
Determination followed that the map before Council was not the correct revised map.
MOTION SECONDED AND CARRIED: Moved by Councilman Proft, seconded by Mayor Hillestad
and passed unanimously to continue discussion on the LANDS OF ARMES to the next meet-
ing in order to have before Council the updated map and Ordinance 232 requirements
for vehicular access.
Mr. Clegg, Engineer for the Applicant, objected to the delays thus far imposed on
the Applicant and stressed that the March 20th map compiled with all Ordinance re-
quirements. He further requested approval be granted subject to this revision.
MOTION SECONDED AND FAILED: Moved by Councilman Nystrom, seconded by Mayor Hillestad
and failed by the following roll call vote to approve the LANDS OF ARMES subject to
the March 20, 1978 revision.
AYES: Mayor Hillestad and Councilman Nystrom.
NOES: Councilmembers Brown, McReynolds and Proft.
Discussion ensued on the confusion surrounding the absence of the revised map and,
due to the failure of the second motion, LANDS OF ARMES, File TM #2078-78, was con-
%, tinued to the meeting of May 31, 1978.
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CITY COUNCIL MINUTES - May 17, 1978
E. SPECIAL ORDERS: (Continued)
`r 2. b) Request for Tentative Map Approval, LANDS OF NOLLER, Flle TM $2080-78.
MOTION SECONDED AND CARRIED: Moved by Councilman McReynolds, seconded by Councilman
Nystrom and carried unanimously to adopt a Negative Declaration, LANDS OF NOLLER,
File TM #2080-78.
Mr. Bishop, Applicant, asked about the $10.00 road in -lieu fee charged under Condi-
tion 10 for Alta Tierra.
Commissioner Stewart advised of the rationale of the Commission's consideration of
costs Involved in the re -surfacing Alta Tierra and commentary followed on fee
Inequities.
MOTION SECONDED AND CARRIED: Moved by Councilman Brown, seconded by Mayor Hlllestad
and passed unanl mously to amend Condition 10 b. third line as follows:
(Alta Tierra) 491.36 feet @ $3.50 per foot = $1,719.76
Thereafter, Councilman Proft questioned the creation of a lot which Is not a building
site (Lot 1) with final determination being that Condition 4 resolved any problems.
MOTION SECONDED, AMENDED AND CARRIED: Moved by Councilman Brown, seconded by Council-
man Nystrom, amended by Councilman Proft (Condition 1. sixth line - change "review"
to "approval", and add this sentence: Soils Engineer recommendations shall be con-
sidered minimum standards) and carried unanimously to approve LANDS OF NOLLER, File
TM #2080-78, subject to conditions as recommended by the Planning Commission and,
as amended above by Council.
c) Request for Conditional Use Permit, LANDS OF BORELLO, File C.U.P. #8033-78.
The City Manager advised of the non -transferability of the Use Permit for English
Meadows and the new owner's request before Council. Discussion centered on Improve-
ments made to date, the change In number of horses allowed from 70 to 80, the kitchen
facility in the bunkhouse, additional stalls and water facilities for fire protection.
MOTION SECONDED AND CARRIED: Moved by Councilman Proft, seconded by Councilman Brown
and passed unanimously to add the following condition: When, and if, this Use Permit
terminates, the kitchen facilities in the bunkhouse will be removed.
MOTION SECONDED AND CARRIED: Moved by Councilman Brown, seconded by Mayor Hlllestad
and carried unanimously to change the last sentence of Condition E to read: The
City Manager shall discuss with the applicant the findings of the report.
MOTION SECONDED AND CARRIED: Moved by Councilman Brown, seconded by Councilman
McReynolds and passed unanimously to add the word "dust," as the fifth word In the
fourth line of Condition 3.
MOTION SECONDED AND CARRIED: Moved by Councilman Brown, seconded by Councilman
McReynolds and passed unanimously to amend Condition 3. (a) as follows: Proper "No
Smoking" signs shall be Installed and maintained at the direction of the City Manager.
MOTION SECONDED AND CARRIED: Moved by Councilman Brown, seconded by Councilman
McReynolds and passed unanimously to add the following sentence to Condition 6.:
Applicant shall provide adequate off-street parking for boarders and guests.
MOTION SECONDED AND CARRIED: Moved by Councilman Brown, seconded by Mayor Hillestad
and passed unanimously to amend Condition II. to read: No more than five horse shows
( per year shall be held. These shows shall be conducted only on weekends or holidays
+ until no later than 4:00 p.m. (last sentence remains the same)
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CITY COUNCIL MINUTES - May 17, 1978
E. SPECIAL ORDERS: (Continued)
4W 2. c) LANDS OF BORELLO (Continued)
MOTION SECONDED AND CARRIED: Moved by Councilman Brown, seconded by Councilman
McReynolds and passed unanimously to insert the following sentence at the begin-
ning of Condition 13.: No additional public address system will be permitted.
MOTION SECONDED AND CARRIED: Moved by Councilman Brown, seconded by Councilman
McReynolds and passed unanimously to add the following condition: No new buildings
or structures will be allowed without amendments to this Use Permit.
MOTION SECONDED AND CARRIED: Moved by Councilman Brown, seconded by Councilman
McReynolds and carried unanimously to approve LANDS OF BORELLO, File C.U.P. #8033-78,
subject to conditions as recommended by the Planning Comm lsslon and, as amended
above by Council.
d) Request for Conditional Use Permit, LANDS OF RICH, File C.U.P. #8031-78.
Mr. Rich, Applicant, complimented the Planning Commission for their thorough review
of the subject request.
MOTION SECONDED AND CARRIED: Moved by Councilman Brown, seconded by Councilman
McReynolds and passed unanimously to delete the last three words In the second sen-
tence of Condition 2. and Insert "1980.".
MOTION SECONDED AND CARRIED: Moved by Councilman Brown, seconded by Councilman
McReynolds and carried unanimously to approve LANDS OF RICH, File C.U.P. #8031-78,
L subject to conditions as recommended by the Planning Commission and, as amended
4r above by Council.
F. GENERAL ORDERS $ UNFINISHED BUSINESS:
Due to the lateness of the hour, it was the consensus of Council to consider the
following items out of order as shown below.
3. Request for re -consideration of easement, LANDS OF DAWSON, File TM #2073-77.
Continued at the request of the Applicant.
2. Request for Building Permit review, K. C. Mueller
The City Manager provided background material on the Mataderc Oaks Subdivision and
the request before Council for relief to adjust the conservation easement line in
order to construct a swimming pool. Councilman McReynolds voiced his concerns
relative to soil stability at the proposed pool site and down to Page Mill Road.
Mrs. Mueller, Applicant, felt that there would not be any problems with the site
chosen, however, agreed that a thorough Investigation of any solls problems would
be to their best Interest also.
MOTION SECONDED AND CARRIED: Moved by Mayor Hillestad, seconded by Councilman
Brown and passed unanimously to continue this Item to the meeting of May 31, 1978
In order to have a Staff report on soils and geology in the area.
MOTION SECONDED AND CARRIED: As It was near the hour of adjournment, it was moved
C by Councilman Brown, seconded by Councilman Nystrom and carried unanimously to
F' continue the meeting past 11:30 p.m.
CITY COUNCIL MINUTES - May 17, 1978
F. GENERAL ORDERS 8 UNFINISHED BUSINESS: (Continued)
�! I. Request for deletion of Condition, File BSA #6079-76.
"t
Due to possible conflict of interest, Mayor Hillestad vacated her chair and turned
the meeting over to Mayor Pro Tem McReynolds.
Introduction by the City Manager included access considerations at the time of
Building Site Approval with the final Council Condition for access across the Lands
of Horton. Subsequently, that access was denied to the Ungermans, thereby causing
them to request deletion of Condition II.
Mr. Hillestad, Applicant, Introduced the new map with access off Chaparral Way,
configurations to eliminate unnecessary cuts and fills and proposed planting for
erosion control and aesthetics.
Considerable discussion followed with the Applicant's Engineer, Bud Chor, on engi-
neering design of the proposed driveway, moderate modifications to obtain the
least effect on the terrain, retaining walls necessitated, soils composition In
the area and drainage problems. The City Manager outlined some of the work pro-
posed on Moody by the Town to eliminate current drainage problems..
Councilman McReynolds stated his concerns on sight distance at the proposed
driveway access onto Chaparral Way and hazards of extensive grading on the area
In question.
Mrs. Hillestad, Applicant, felt that a meeting with property owners served by
Chaparral Way could resolve any problems caused by the access of the driveway
onto that private road.
MOTION SECONDED AND FAILED: Moved by Councilman Nystrom, seconded by Councilman
far Brown and failed by the following roll call vote to delete Condition II, File
BSA #6079-76.
AYES: Counciimembers Brown and Nystrom.
NOES: Counclimembers McReynolds and Proft.
MOTION SECONDED AND CARRIED: Moved by Councilman Proft, seconded by Councilman
Brown and carried unanimously by the four members seated to amend Condition Il.
to read: A revised driveway plan and profiles showing a proposed driveway which
have a slope not to exceed 25%, proposed drainage and alternatives for mitigating
short sight distance and/or narrow road problems on Chaparral Way along the
southerly property line to be submitted to Council for approval.
G. ADJOURNMENT:
There being no further old or new business to discuss, the City Council adjourned
at 12:11 a.m. to a meeting on Thursday, May 25, 1978 at 3:00 P.M.
Respectfully submitted,
Susan Buttler
Deputy City Clerk
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