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HomeMy WebLinkAbout05/31/1978CITY COUNCIL TOWN OF LOS ALTOS HILLS 26379 Fremont Road Los Altos Hills, California MINUTES OF AN ADJOURNED REGULAR MEETING Wednesday, May 31, 1978 cc: Reel 109, Side 2, Tr. I, 001 -End; Reel 110, Side 2, Tr. I, 001-321 Mayor Lucile Hillestad called the Adjourned Regular Meeting of the City Council to order at 7:36 PM in the Council Chambers of Town Hall. A. ROLL CALL 8 PLEDGE OF ALLEGIANCE: Present: Mayor Hillestad, Councllmembers Brown, McReynolds, Nystrom and Proft. Absent: None. Staff: City Manager Robert Crowe, City Attorney Frank Gllllo, City Engineer Alexander Russell, Engineer/Planner John Markl, Commissioner William Perkins for the Planning Commission (arrived at 7:50 PM) and Deputy City Clerk Susan Buttler. Press: Florence Pallakoff, Los Altos Town Crier. B. CONSENT CALENDAR: The City Manager requested the removal of Item 4. b) and Councilman McReynolds removed Items 3. a) and 4. a). MOTION SECONDED AND CARRIED: Moved by Councilman Nystrom, seconded by Councilman Proft and passed unanimously to approve the balance of the Consent Calendar, specifically: I. Approval of Minutes: May 17, 1978 and May 25, 1978. 2. Approval of Warrants: $8,127.80. 3. Motions for Adoption: b) LANDS OF TRAFICANTI, File TM #2083-78, granting time extension for Planning ' Commission consideration to 7/13/78. c) LANDS OF HOM, File TM #2084-78, granting time extension for Planning Com- mission consideration to 7/13/78. d) LANDS OF CLAUDE, File TM #2085-76, granting time extension for Planning Com- mission consideration to 7/13/78. Councilman McReynolds questioned the placement of another item on an already crowded ' June 21st agenda and was advised of the necessity of adhering to time constraints. MOTION SECONDED AND CARRIED: Moved by Councilman Proft, seconded by Councilman Nystrom and carried unanimously to set June 21, 1978 as the Public Hearing date for LANDS OF ARASTRA, LTD. PARTNERSHIP, File TM #2065-77. Discussion followed on the re-establishment of rate schedules as outlined In the Resmlution before Council and the primary need to obtain adequate compensation for Staff time expended. CITY COUNCIL MINUTES - May 31, 1978 B. CONSENT CALENDAR: (Continued) Following this, the City Attorney directed language changes to the body of the Resolution which, subsequently, were inserted. MOTION SECONDED AND CARRIED: Moved by Councilman Brown, seconded by Councilman McReynolds and passed by the following roll call vote to adopt (effective 6/6/78) Resolution #1126 establishing rates of charges to be made In connection with Sub- division of Land, Parcel Maps, Site Development, Building Site Approval, Inspec- tion Fees, Conditional Use Permits, Variances and Septic Tanks. AYES: Mayor Hlllestad, Councllmembers Brown, McReynolds and Nystrom. NOES: Councilman Proft. Council was then advised that the second Resolution listed under the Consent Calen- dar was now In the form of an Urgency Ordinance and would be heard under Special Orders. C. SPECIAL REPORTS: 1. Reports of Standing Committees: a) Pathway Committee - Report on County Pathways Map. Mrs Flksdal Chalrman/Pathway Commlttee, introduced the map to the Council, directing their attention to the proposed links through Los Altos Hills connecting with the total trail system outlined for the County. Councilman McReynolds suggested funding to be provided by the Transit District. Mrs. Fiksdal, further detailed new pathway locations and, thereafter, requested Council endorsement of the concept. Mrs Ginzton Representative to County, spoke for the exciting possibilities avail- able In connecting regional corridors with County Parks and the need for cooperation from all municipalities Involved. In response to Council questions, she provided background Information on community Involvement and representation in the prepara- tion of the report and map as proposed. Councilman Brown voiced strong concerns relative to loss of local authority, careful scrutiny of obtaining funds from other agencies and the expense necessitated by new pathway Installation and maintenance. Council concurrence was for careful considera- tion of all proposals submitted. MOTION SECONDED AND CARRIED: Moved by Councilman McReynolds, seconded by Mayor Hlllestad and carried by the following roll call vote to approve Cl ty Council endorse- ment, in principal, of the County Pathway Plan subject to the stipulations that the funding be provided by the Transit District and pathway construction come only after changes to the Internal plans prior to the implementation of the Study. 2. Reports of Ad Hoc Committees: a) Report from General Plan Task Force Committee. Continued to the meeting of June 7, 1978 by request of Committee Member. 3. Presentations from the Floor: None MOTIONSECONDED AND CARRIED: As It was past the hour of 8:30 PM, It was moved by !r Councl lman McReynolds, seconded by Mayor Hillestad and passed unanimously to post- pone SPECIAL ORDERS to 9:05 PM. IPA CITY COUNCIL MINUTES - May 31, 1978 D. STAFF - REPORTS. CORRESPONDENCE 8 ANNOUNCEMENTS: AW I. City Manager: a) Request for Building Permit review, K. C. Mueller. Mr. Crowe reiterated areas covered at the last meeting and referenced his memo reviewing the original geologic report prepared for this property. Extensive discussion followed on the precedent -setting nature of re -aligning the conservation easement, the Intent and hazards considered during the original placement of the easement and current soils sta- bility of the proposed pool site. MOTION SECONDED AND FAILED: Moved by Councilman Brown, seconded by Councilman Nystrom and failed by the following roll call vote to refer the K. C. Mueller request to the Planning Commission for their recommendations to Council with the added stipulation that they consider background Information relative to the placement of the conserva- tion easement. AYES: Mayor Hlllestad and Councilman Brown. I NOES: Councllmembers McReynolds, Nystrom and Proft. Mrs. Mueller, Applicant, stated that they had no desire to place the pool In an un- stable portion of their property. Mrs. Miller, Vista del Valle, felt that the placement of the conservation easement placed a too stringent restriction on this property owner. The City Attorney stressed priority should be given to deciding the placement of the conservation easement and then to soils and geologic concerns. MOTION SECONDED AND CARRIEDt Moved by Councilman McReynolds, seconded by Councilman Nystrom and carried unanimously to refer the K. C. Mueller request to the Town Geologist to determine if this was a safe site for a pool. b) Request for time extension for completion of improvements, LANDS OF DICKINSON, File FM #3041-77. ` The City Manager advised Council that the installation of the water line In question had been begun the previous day. MOTION SECONDED AND CARRIED: Moved by Councilman Brown, Seconded by Councilman Nystrom and passed unanimously to grant a ninety day time extension for completion of improve- ments, LANDS OF DICKINSON, File FM #3041-77. ' Mrs. Miller Vista del Valle, requested Council recognition of Joe Perez Day, scheduled for Saturday, June 3, 1976. E. SPECIAL ORDERS; 1 I. Request for Final Map Approval, LANDS OF TROEDSON, File FM #3051-78. MOTION SECONDED AND CARRIED: Moved by Councilman Nystrom, seconded by Councilman 1 McReynolds and passed unanimously to adopt Resolution #1127 approving Final Sub- division Map of Tract No. 6324 and approving and authorizing execution of Sub- division Agreement. 2. Public Hearings: a) Request for Tentative Map Approval, LANDS OF ARMES, File TM #2078-78. (Continued for review of revised map.) The vote to adopt the Negative Declaration was approved at the last meeting. -3- CITY COUNCIL MINUTES - May 31, 1978 E. SPECIAL ORDERS: (Continued) 2. a) LANDS OF ARMES (Continued) Mr. Stewart Chairman/Planning Commission, offered clarification on the revised map before Council and the map as approved by the Planning Commission. MOTION SECONDED AND CARRIED: Moved by Councilman Proft, seconded by Councilman Brown and carried unanimously to change the word "review" In the next to last sentence of Condition I to "approval" and to add the following sentence to Condition I: Recom- mendations of the Soils Engineer shall be considered minimum standards. MOTION SECONDED AND CARRIED: Moved by Councilman Proft, seconded by Councilman Nystrom and passed unanimously to approve LANDS OF ARMES, File TM #2078-78 subject to conditions as recommended by the Planning Commission and, as amended above. b) Request for Tentative Map Approval, LANDS OF CASTERSON, File TM #2075-77. MOTION SECONDED AND CARRIED: Moved by Councilman Nystrom, seconded by Mayor Hillestad and carried unanimously to adopt a Negative Declaration, LANDS OF CASTERSON, File TM #2075-77. Following Introduction by the City Manager, discussion centered on numbers of and dis- crepancies In the maps before Council. Councilman Proft questioned the accuracy of Condition 9, relative to access to the property. Mr. StewartChairman/Planning Commission, stated that only one map had been approved by the Commission and that the superimposed aerial map wes for study purposes. (Discussion on Lands of Casterson was then continued by consensus to later In the t meeting for a re -write on Condition 9, however, for the purposes of continuity In the Minutes it will be completed in the order shown.) MOTION SECONDED AND CARRIED: Moved by Councilman Brown, seconded by Councilman McReynolds and carried unanimously to re -word Condition 9 to read: The Final Map shall prohibit vehicular access from Parcel I to Elena Road except that portion of 4 the thirty (30) foot right-of-way easement as shown on the Tentative Map dated April 19, 1978,and along the southwesterly line of the aforesaid thirty (30) foot easement for a distance of fifty (50) feet measured southwesterly from the south- westerly line of Elena Road. PASSED BY CONSENSUS: To change the word "review" in the next to last sentence of Condition 2 to "approval" and to add the following sentence: Recommendations of the Soils Engineer shall be considered minimum standards. PASSED BY CONSENSUS: To re -word Condition 11 to read: Conditional exceptions, under Article XV of Ordinance No. 239, shall be granted for:. i MOTION SECONDED AND CARRIED: Moved by Councilman Brown, seconded by Councilman McReynolds and passed unanimously to approve LANDS OF CASTERSON, File TM #2075-77 subject to conditions as recommended by the Planning Commission and, as amended above. ' c) Review of Conditional Use Permit, LANDS OF SIUDZINSKI, File C.U.P. #8013-78 (Applicant requests amendment). During his Introduction, the City Manager stated that, due to re -calculation of slope density for the subject property, the option could be exercised to allow a kitchen In the secondary dwelling. Comm lssloner Perkins supplied background information on the slope density calculation process, the option offered and the need, In this Instance, to determine if natural contour lines can be established on quarry property. -4- CITY COUNCIL MINUTES - May 31, 1978 E. SPECIAL ORDERS: (Continued) ` 2. c) LANDS OF SIUDZINSKI (Continued) Council commentary centered on future subdividability of this property, slope density and natural contour considerations, former quarry operations and the ability to apply option given by Section 9-5.703 (k) of the Municipal Code to this request. MOTION SECONDED AND FAILED: Moved by Councilman Proft, seconded by Mayor Hillestad and failed by the following roll call vote to refer LANDS OF SIUDZINSKI back to the Plan- ning Commission for their consideration of application of option under the 55% rule as It relates to determining natural slopes for quarry operations and return, with policy statement, to Council. AYES: Councilman Proft. NOES: Mayor Hillestad, Councilmembers Brown, McReynolds and Nystrom. Thereafter, the City Attorney stated that the Issue to be considered was that the acreage (2.02) was capable of providing area for two lots, thus making the Applicant's request for amendment possible. MOTION SECONDED AND CARRIED: Moved by Councilman Brown, seconded by Councilman Nystrom and carried unanimously to amend Condition 3 to read: The larger of the two existing older units shall be converted to a guest house with kitchen facilities - and to approve the Annual Renewal of LANDS OF SIUDZINSKI as amended. d) Request for Conditional Use Permit for Secondary Dwelling - LANDS OF STAMSCHROR- SILVER, File C.U.P. #8029-78 (Planning Commission recommended denial without prejudice of request on May 24, 1978). Mr. Silver, Applicant, stated he was at a loss to understand the denial and advised Council of the improvements that they had accomplished with efforts to meet all areas of compliance. Speaking against the granting of the Use Permit were: Mrs. Vitakls, Dianne Drive; Mrs. DuCott, Dianne Drive; Mrs. Chan, La Rena Drive; and Mr. Brown, Dianne Drive. Reasons cited for this opposition by the above were: Inability to police against the rental of the secondary dwelling In the future, the alternate access lends itself to rental use, an extensive litter and traffic problem has occurred in the past and, finally, the Town's intent to eliminate secondary dwellings (Mr. Brown). Mr. Silver Applicant asked to go on record, as a long time resident of Los Altos Hills, stating that he was unaware that the Town wished to discontinue secondary dwellings and requesting Council clarification of this issue as he wished to build a guest house on his property. Councilmembers advised Mr. Silver that the Intent was only to discontinue the use existing secondary dwellings being used as rentals and to Insure compliance of all properties with the Municipal Code. Mr. Sliver, Applicant, told of his letter of acceptance of all conditions Imposed by the Planning Comnisslon, his wish to install a gate for emergencies at the drive- way to the secondary dwelling and that he would like all documents recorded to Insure that any purchaser of this property would utilize this dwelling only as a guest house. Discussion followed on the size of the sink in the dwelling, thirty-five feet over Town limitations of the secondary dwelling, previous complaints pertaining tothis property, and enforcement methods to maintain this as a guest house only. Thereafter, Councilman Brown offered suggestions for Planning Commission consideration in con- junction with the final motion for referral to the Commission. -5- CITY COUNCIL MINUTES - May 31, 1978 E. SPECIAL ORDERS: (Continued) 2. d) LANDS OF STAMSCHROR-SILVER (Continued) Items for consideration by Planning Commission: (1) Recommend that the 220 wiring be removed; (2) Recommend that the wet bar sink remain; (3) Retain separate drive- way with locked gate to be used only for emergency access; (4) Vent fan to remain; and, (5) Remove excess thirty-five feet living space In secondary dwelling. MOTION SECONDED AND CARRIED: Moved by Councilman McReynolds, seconded by Mayor Hillestad and carried by the following roll call vote to return LANDS OF STAMSCHROR- SILVER to the Planning Commission for their recommendations on conditions that will Inhibit the potential Illegal use and best insure compliance with all Ordinances of Los Altos Hills for this Conditional Use Permit. AYES: Mayor Hillestad, Councilmembers Brown, McReynolds and Proft. NOES: Councilman Nystrom. It was further suggested that the City Attorney attend the Planning Commission meeting when this Item is heard to offer any necessary legal advice. 3. Ordinances for Adoption: (Urgency Ordinances - effective Immediately) MOTION SECONDED AND CARRIED: Following reading of the title by the City Clerk, It was moved by Councilman McReynolds, seconded by Councilman Proft and passed unani- mously to waive further reading of Ordinance #240. MOTION SECONDED AND CARRIED: Moved by Councilman Proft, seconded by Councilman Brown and carried unanimously to adopt Ordinance #240 amending Article 2 of Chapter I, entitled "Business Licenses" of Title 3 of the Los Altos Hills Municipal Code by amending Sections 3-1.202 to 3-1.204, 3-1.206 to 3-1.210 and 3-1.214, and repealing Subsection (c) of Section 3-1.204 and Sections 3-1.205 and 3-1.211, respectively, thereof. MOTION SECONDED AND CARRIED: Following reading of the Title by the City Clerk, it was moved by Councilman Brown, seconded by Councilman McReynolds and carried unani- mously to waive further reading of Ordinance #241. MOTION SECONDED AND CARRIED: Moved by Councilman Brown, seconded by Councilman Nystrom and passed unanimously to adopt Ordinance #241 amending Title 8 of Los Altos Hills Municipal Code by adding thereto Chapter 7, entitled "Building, Construction and Structural Addition Charge". F. GENERAL ORDERS $ UNFINISHED BUSINESS: I. Review of ABAG Environmental Management Plan. Continued to the meeting of June 7, 1978. 2. Request to extend Building Site Approval time period, BSA #6078-76. MOTION SECONDED AND CARRIED: Moved by Councilman Proft, seconded by Mayor Hillestad and carried unanimously to grant a ninety day time extension for completion of conditions, BSA #6078-76. 19 CITY COUNCIL MINUTES - May 31, 1978 t F. GENERAL ORDERS 8 UNFINISHED BUSINESS: (Continued) 3. Request for ninety day extenslon on site approval, Tract #4392. MOTION SECONDED AND CARRIED: Moved by Councilman Proft, seconded by Councilman McReynolds and passed unanl mously to grant a ninety day time extension for site ' approval, Tract #4392, Lot 7. G. NEW BUSINESS: 1. Proposal for reconstitution of the Metropolitan Transportation Commisslon. Continued to the meeting of June 7, 1978. Councilman Proft requested that the maintenance crew be commended for their expediency In performing emergency road repair work on Moody Road. H. ADJOURNMENT: There being no further new or old business to discuss, the City Council adjourned at 11:56 PM. ' Respectfully submitted, Susan Buttler Deputy City Clerk -7-