HomeMy WebLinkAbout06/21/1978CITY COUNCIL
TOWN OF LOS ALTOS HILLS
26379 Fremont Road
Los Altos Hills, California
MINUTES OF A REGULAR MEETING
Wednesday, June 21, 1978
cc: Reel 110, Side 2, Tr. 2, 001 -End; Side I, Tr. 2, 001-285
Mayor Lucile 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 8 PLEDGE OF ALLEGIANCE:
Present: Mayor Hillestad, Councllmembers McReynolds, Nystrom (arrived at 7:50 PM)
and Proft.
Absent: Councilman Brown.
Staff: City Manager Robert Crowe, City Attorney Frank Gllllo, City Engineer
Alexander Russell, Engineer/Planner John Markl, Commissioner Mary VanTamelen
for the Planning Comm lsslon and Deputy City Clerk Susan euttler.
Press: Frank Cracolice, Mercury -News; Richard Hanner, Palo Times and Florence
Pallakoff, Los Altos Town Crier.
( B. CONSENT CALENDAR
Councilman Proft requested the removal of the Minutes for May 31, 1978 and Mayor
Hillestad removed the Warrants for separate consideration. Councilman Proft then
noted the absence of the vote on the next to last Motion, page two of the Minutes,
with discussion following on confusion of the intent of the Motion. Council directed
the Deputy City Clerk to re-examine the wording; therefore, the following Is as ren-
dered from the tape with the proper Inclusion of the vote:
MOTION SECONDED AND CARRIED: Moved by Councilman McReynolds, seconded by Mayor
Hillestad and carried by the following roll call vote to approve City Council endorse-
ment, in principle, of the Countywide Pathway Plan,subject to the funding being pro-
vided by the Transit District for the construction of pathways and. also subject to the
right of the Council to make recommendations concerning Internal changes within the Plan
after further study.
AYES: Mayor Hillestad, Councilmembers McReynolds, Nystrom and Prcft.
NOES: Councilman Brown.
Mrs. Wood. Stonebrook, questioned Warrant #3597 and was advised of a City Managers'
meeting In Los Angeles held by League of California Cities for which the phone number
might be obtained for verification.
Following Mayor Hlllestad's questions as to Warrants #3603 and #3610, she was told
that the Town Hall landscaping was nearly finished and the asphalt was used for various
Town streets.
MOTION SECONDED AND CARRIED: Moved by Councilman McReynolds, seconded by Councilman
Proft and passed unanimously to approve the balance of the Consent Calendar (excluding
the Minutes of May 31, 1978), specifically:
CITY COUNCIL MINUTES - June 21, 1978
B. CONSENT CALENDAR: (Continued)
Items approved:
I. Approval of Minutes: June 7, 1978
2. Approval of Warrants: $14,177.15
3. Motions for Adoption:
a) LANDS OF CLAUDE, File TM #2085-78, setting July 5, 1978 as the Public
Hearing date for request for Tentative Map Approval.
b) LANDS OF HORTON, File TM #2066-77, granting time extension for Planning
Commission consideration to 8/17/78.
c) LANDS OF TAYLOR, File TM #2077-78, granting time extension for Planning
Commission consideration to 8/17/78.
d) LANDS OF BAHR, File TM #2079-78, granting time extension for Planning Com-
mission consideration to 8/17/78.
e) LANDS OF YELTON, File TM #2082-78, granting time extension for Planning
Commission consideration to 8/17/78.
f) LANDS OF STEERS, File TM #2087-78, granting time extension for Planning
Commission consideration to 8/17/78.
g) LANDS OF BERRY HILL, File TM #2086-78, granting time extension for Planning
Commission consideration to 8/17/78.
4. Resolutions for Adoption:
a) Resolution #1129 setting time and place of hearing on the Report of Sewer
Service Charges proposed to be collected on the 1978-79 Tax Roll.
C. SPECIAL REPORTS:
I. Reports of Standing Committees: None
2. Reports of Ad Hoc Committees: None
3. Presentations from the Floor:
Mr. Catton. Magdalena, voiced objection to audience members being unable to hear the
City Manager clearly over the sound system and requested a moment of silence in memorial
of the recent passing of Mrs. Josephine Duveneck.
Mayor Hlllestad told of the many accomplishments that had earned Mrs. Duveneckthe respect
of all residents, following which the City Attorney stated that It would be appropriate
to adjourn the meeting this evening in her memory as tribute.
D. STAFF - REPORTS. CORRESPONDENCE 8 ANNOUNCEMENTS:
I. City Manager:
a) Consideration of Resolution - Page Mill Road Culvert Improvements.
Mr. Crowe advised of the bids received with award pending notification from Santa Clara
Valley Water District, the Joint funder for this project.
MOTION SECONDED AND CARRIED: Moved by Councilman McReynolds, seconded by Mayor Hillestad
40 and passed unanimously to continue this Item io the next meeting.
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CITY COUNCIL MINUTES - June 21, 1978
E. SPECIAL ORDERS:
to I. Public Hearings:
a) Request for re -consideration of withdrawal from Williamson Act Contract,
LANDS OF PERRETT.
Mayor Hillestad outlined the format to be followed in hearing the subject request,
after which the City Manager read the Environmental Checklist and Negative Declaration
Into the record. Thereafter, the City Attorney reiterated that the only matter now to
be addressed was the consideration of the Negative Declaration.
Mr. Parrett, Applicant, stated that this was environmental action on a paper change
only, I.e., removing land from the Williamson Act Contract.
Mrs. Miller, Vista del Valle, asked that the Council adher to the General Plan Open
Space guidelines and not adopt the proposed Negative Declaration.
Mr. Hettinger, Priscilla Lane, expressed serious concern as to the surrendering of the
requirement for an Environmental Impact Report at time of subdivision if Council now
adopts the proposed Negative Declaration.
MOTION SECONDED AND CARRIED: Following a brief discussion with the City Attorney, it
was moved by Councilman McReynolds, seconded by Councilman Nystrom and carried by the
following roll call vote to adjourn to litigation session.
AYES: Councllmembers McReynolds, Nystrom and Proft.
NOES: Mayor Hlllestad
ABSENT: Councilman Brown.
After Council re -convened at 8:26 PM, the City Attorney advised of procedural steps
now being taken relative to the cancellation only and the Environmental Impact Study
requirements to be met before any development could occur on the subject property.
MOTION SECONDED AND CARRIED: Moved by Councilman Nystrom, seconded by Mayor Hillestad
and passed unanimously by all members present to adopt the Negative Declaration, LANDS
OF FERRET request for withdrawal from Williamson Act Contract.
The City Manager then Introduced the transparency showing the subject property with
future access to be off Stonebrook and gave a brief history of the Williamson Act as
It pertained to the Town. Following this, the Deputy City Clerk read Into the record
all correspondence and phone messages received to date relative to this matter. The
Public Hearing proceeded with sworn testimony (with the exception of attorneys) given
as set forth below.
Mr. Parrett. Applicant, clarified that the land proposed to be removed from the William-
son Act is only the 52 acres and not quarry land or any portion of the adjacent 675 acres.
He further outlined background on the many months spent In trying to reach an equitable
proposal, provisions In the General Plan for development of the subject property with
annexation forecasted therein, mis-conceptions relative to fax savings he will personally
reap, his proposed donation of 23 acres for Open Space and, finally, his strong feelings
that this withdrawal of 52 acres from the Williamson Act plus the Open Space dedication
Is In the best Interest of all residents.
Mr. Burns At for the Applicant, Introduced into the record sworn declarations of
A. Doyle Reed, H. D. Per raft, David M. Semas and George F. Kucera, accompanied by a
letter of summarization. He went on to state that his appearance should not Indicate
a threat of litigation, rather a harmonious resolve was hoped for by his clients. Mr.
Burns then cited certain legal aspects of the matter before Council, specifically: (1)
Good faith to accomplish subsequent withdrawal had been demonstrated by the Town during
annexation hearings; (2) His clients had then relied on this in their business pro-
ceedings; (3) The property had never been agricultural, thus not In compliance
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CITY COUNCIL MINUTES - June 21, 1978
E. SPECIAL ORDERS: (Continued)
1. a) LANDS OF PERRETT (Continued)
with the provisions of the Williamson Act; (4) The ability of his clients to subdivide
the entire 75 acres within 10 years, thus costing the Town 23 acres of Open Space; and
(5) The Immediate revenue gains available to the Town by approving withdrawal of this
property as requested.
Thereafter, the City Attorney read the title of each document presented, after which
Mayor Hillestad ordered their inclusion, along with Mr. Burn's statements, Into the
recorded transcript.
Speaking, in order, for the proposed cancellation of the Williamson Act Contract were:
Dennis Surtees, Los Altos; Manasseh Manoukian, Los Altos Hills; Verna Johnson, Los Altos
Hills; Jack Nielsen, Los Altos Hills; Phil MacHale, Los Altos Hills, William Hahn, Los
Altos Hills; John Dawson, Los Altos Hills; and, Mildred Gallo, Los Altos Hills.
A brief summation of the statements given by the above is as follows: (1) Selfish
motives are preventing newcomers from the enjoyment of living in Los Altos Hills; (2)
The rights of any person to develop his property as he desires should be guarded; (3)
The generosity of the proposed 23 acres Open Space dedication; (4) The favorable prece-
dent set for this request by recent Town approvals of large subdivisions; (5) The
current need for more hones and tax revenue In this area; and (6) Enforcement measures
are now available to the Town for construction on this property which may be sacrificed
by delay.
S Speaking against the proposed cancellation of the Williamson Act Contract were: R.K.
�y Smith, Los Altos Hills; Lois Hogle, Los Altos Hills; William Edson, Los Altos Hills;
Kathleen Downey, Los Altos Hills; Eric Peterson, Los Altos Hills; Mrs. H. Carlisle,
Los Altos Hills; Stacy French, Los Altos Hills; and, John Hettinger, Los Altos Hills.
A brief outline of the reasons for this opposition is as follows: (1) The argument
that this is for the good of the public has already been refuted by over 320 signatures
on a petition against cancellation of the Williamson Act; (2) In spite of promises,
development will soon spread to the adjacent 675 acres; (3) Legal tenets have been proven
for the Town's and this property's Inclusion into the Williamson Act; (4) There has been
a failure to substantiate the Town's intent by their annexation action; (5) Increased
development results In more expense to the jurisdiction Involved; (6) Hazardous traffic
problems will follow development; and (7) The developer should be considered the only
beneficiary In granting this precedent -setting request.
Denis Hollwedel, Los Altos Hills, Introduced Into the record the original "Land Conser-
vation Agreement" for the subject property, citing his opposition to the cancellation
and that the penalty tax fee would not benefit the Town, but rather go to the County.
Mr. Burns, Attorney for the Applicant, then offered rebuttal, stating again the failure
of this property to comply with Williamson Act provisions, that the vote for annexation
carried with It knowledge of subsequent withdrawal requests and of the favorably en-
larged tax base which would be realized by the Town from hone building on this property.
MOTION SECONDED AND CARRIED: Following the close of the Public Hearing, It was moved
by Councilman McReynolds, seconded by Councilman Nystrom and carried unanimously by
all members present to take this matter under advisement and schedule for deliberation,
to but not a Public Hearing, two meetings hence (July 19,1978) In order to enable Council's
review of the large volume of materials presented and the complete transcript of the
above.
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CITY COUNCIL MINUTES - June 21, 1978
[[ E. SPECIAL ORDERS: (Continued)
`r I. b) Request for consideration of property merger, LANDS OF LOVE, also known as
Gibson.
The City Attorney stated that this was a policy decision before Council relative to a
single parcel of land which was divided by deed of trust In 1953, before the Town's
Incorporation. This resulted In one lot at .25 acres and one at .84 acres, sub -standard
to current Code requirements. Mr. Gilllo further detailed historical legal problems
pertaining to the various title transfers of these properties. Discussion followed on
the need for Council to consider this subject on Its own merit and the confusion re-
garding the Applicant's request due to the wording on the Agenda.
MOTION SECONDED AND CARRIED: Moved by Councilman McReynolds, seconded by Councilman
Nystrom and passed unanimously by all members present that APN Nos. 336-19-006 and
336-19-007 not be merged and be considered as two separate parcels.
c) Request for Tentative Map Approval, LANDS OF ARASTRA, LTD. PARTNERSHIP,
File TM #2065-77.
The City Manager opened discussion on the 30 acre parcel proposed to be developed
Into a seven lot subdivision due to slope density requirements and solls/geological
considerations.
Mr. Nowack, Engineer, advised of difficulties of a requested pathway on the property
due to steep terrain.
MOTION SECONDED AND CARRIED: Moved by Councilman Nystrom, seconded by Mayor Hlllestad
and carried unanimously to adopt a Negative Declaration, LANDS OF ARASTRA, LTD,
PARTNERSHIP, subject to the following mitigating measures: (1) Geologic setback zones
to be made a part of the Subdivision Requirements. (2) Conservation easement to be
maintained. (3) The stream Is to be kept out of the culvert except where the stream
crosses the road.
Mrs. Flksdal, Chairman/Pathway Committee, spoke first as a citizen and expressed con-
cern about the Vague wording and lack of requirements in the Conditions. She then
provided introductory remarks about the Committee's recommendation for a pathway from
Alexis to Story Hill Lane along Page Mill Road.
Mrs. Stevenson, showed slides of the area for the proposed pathway, citing references
in the General Plan to permit Its inclusion within a conservation easement. She stated
that It was the Cowen lttee's feeling, following the picture taking field trips, that
the area was not too stdep or overgrown with vegetation to hinder this path placement.
Mr. Nowack, Engineer, felt that this proposal was not a viable route.
Discussion followed on the placement of the proposed pathway with relation to Page Mill
Road, the link it would provide and uses to be allowed In conservation easements or Open
Space areas.
Mr. La Shelle, Applicant, stated that the best location would be down along Page Mill
Road, that the proposal Infringed on property owners rights and objected to any further
delay in consideration of the Tentative Map application due to last minute pathway
propositions.
MOTION SECONDED AND FAILED: Moved by Councilman Nystrom, seconded by Councilman
McReynolds and failed by the following roll call vote to continue this Item to the next
meeting to resolve the pathway question.
it AYES: Councilman Nystrom.
NOES: Mayor Hlllestad, Councllmembers McReynolds and Pratt.
ABSENT: Councilman Brown.
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CITY COUNCIL MINUTES - June 21, 1978
E. SPECIAL ORDERS: (Continued)
4+ I. c) LANDS OF ARASTRA, LTD. PARTNERSHIP (Continued)
MOTION SECONDED AND CARRIED: As It was past the hour of adjournment, It was moved
by Councilman McReynolds, seconded by Councilman Proft and passed by the following
roll call vote to continue the meeting to 12:00 a.m.
AYES: Mayor Hillestad, Counctlmembers McReynolds and Proft.
NOES: Councilman Nystrom.
ABSENT: Councilman Brown.
MOTION SECONDED AND CARRIED: Moved by Councilman Proft, seconded by Councilman
McReynolds and carried unanimously by all members present to add to Condition I the
following: (d) Items I (a), (b) and (c) shall be in accordance with the recommenda-
tions of the soils and geological investigations, which are to be considered minimum
standards.
MOTION SECONDED AND CARRIED: Moved by Councilman Proft, seconded by Mayor Hillestad
and passed unanimously by all members present to add as a new condition: 12. Geo-
logic setback zones as shown on the Site Plan and Geologic Map Included in the March,
1978 Terrasearch, Inc. Project No. 1786-E, shall be delineated on the Final Map.
MOTION SECONDED AND CARRIED: Moved by Councilman McReynolds, seconded by Councilman
Nystrom and carried unanimously by all members present to add the following at the
end of Condition 2: by the Town.
MOTION SECONDED AND CARRIED: Moved by Councilman McReynolds, seconded by Councilman
Proft and passed unanimously by all members present to waive Condition 13 (d) due to
the Open Space dedication.
Council discussion followed on the need to establish regulations for uses to be
allowed within conservation easements,with Important consideration to be given to
their protection, In most cases, of fragile terrain.
MOTION SECONDED AND CARRIED: Moved by Councilman Nystrom, seconded by Councilman
McReynolds and passed unanimously to approve LANDS OF ARASTRA, LTD. PARTNERSHIP, File
TM #2065-77 subject to the resolving, at their next meeting, the Issues of the Page
MITI Road pathway and conservation easement as outlined in Condition 9.
F. GENERAL ORDERS 8 UNFINISHED BUSINESS:
I. Request for one year time extension for Tentative Map application, LANDS OF RICH,
File TM #2048-76.
MOTION SECONDED AND CARRIED: Moved by Councilman McReynolds, seconded by Mayor Hillestad
and carried unanimously by all members present to grant time extension to June 21, 1979
for completion of Tentative Map application, LANDS OF RICH, File TM #2048-76.
G. NEW BUSINESS:
I. Standing Committee Term Expirations.
PASSED BY CONSENSUS: To direct Staff to publish the vacancies occurring In Committees.
L H. ADJOURNMENT:
7� There being no further new or old business to discuss, the City Council adjourned at
12:15 A.M. Respectfully submitted,
Susan Buttler - Deputy City Clerk
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