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HomeMy WebLinkAbout07/19/1978CITY COUNCIL TOWN OF LOS ALTOS HILLS sw 26379 Fremont Road Los Altos Hills, California MINUTES OF A REGULAR MEETING Wednesday, July 19, 1978 cc: Reel III, Side 11, Tr. 1, 001-972 Mayor Lucile Hlllestad called the Regular Meeting of the City Council to order at 7:41 PM In the Council Chambers of Town Hall. A. ROLL CALL 8 PLEDGE OF ALLEGIANCE: Present: Mayor Hlllestad, Councilmembers McReynolds, Nystrom and Proft. Absent: None. Staff: City Manager Robert Crowe, City Attorney Frank Gilllo, Engineer/Planner John Markl, Commissioner Mary vanTamelen for the Planning Commission and Deputy City Clerk Susan Buttler. Press: Dave Farrell, Palo Alto Times and Florence Pallakoff, Los Altos Town Crier. MOTION SECONDED AND CARRIED: Moved by Councilman Nystrom, seconded by Councilman McReynolds and passed unanimously to adopt Resolution #1133 commending Keith M. Brown on his resignation from the City Council. Mayor Hlllestad then presented former Councilman Keith Brown with the framed Resolution and the Town seal, wishing the best of luck to he and his wife upon their move to Sonora. B. CONSENT CALENDAR: Commissioner vanTamelen requested the removal of the Minutes and Councilman Proft asked that Item 4. a) be removed for separate consideration. MOTION SECONDED AND CARRIED: Moved by Councilman Proft, seconded by Councilman Nystrom and carried unanimously to approve the remainder of the Consent Calendar, specifically: 2. Approval of Warrants: 846,252.99. 3. Motions for Adoption: a) LANDS OF TRAFICANTI, File TM #2083-78, motion setting August 2, 1978 as the Public Hearing date for request for Tentative Map approval. 5. Actions of the Planning Commission: a) LANDS OF STAMSCHROR-SILVER, File C.U.P. #8029-78, motion granting approval of Conditional Use Permit. ComIssloner vanTamelen offered the following amendment to Page 4, Paragraph 2 of the July 5, 1978 Minutes, Immediately after "Tentative Map application": and advised the Council that the Planning Commission had researched the easement through Parcel 2 and, If Parcel 2 was to be further subdivided, the applicant would have to re -submit his subdivision plans thus giving the City control of further subdivision of Lot 2. Councilman Proft requested the Insertion of "or below" at the end of the last sentence on Page 2 of the Minutes. MOTION SECONDED AND CARRIED: Moved by Councilman Proft, seconded by Councilman Nystrom and passed unanimously (with Councilman McReynolds abstaining) to approve the Minutes of July 5, 1978. CITY COUNCIL MINUTES - July 19, 1978 B. CONSENT CALENDAR: (Continued) 4. Actions of the Variance $ Permit Commission: Recommended granting of the following variance: a) LANDS OF JONES, File VAR #7053-78. Councilman Proft questioned the term "bond beam" and the setback measurement to the pool's waterline. Councllmembers then discussed with the Engineer/Planner whether prior consid- eration had been given for the installation of a pool on this property. Mr. Jones Applicant, spoke for the proposed pool location and the aesthetics of the re- taining wall placement. MOTION SECONDED AND FAILED: Moved by Councilman Nystrom, seconded by Mayor Hillestad and failed by the following roll call vote to approve LANDS OF JONES, File VAR #7053-78. AYES: Mayor Hillestad and Councilman Nystrom. NOES: Councllmembers McReynolds and Proft. Discussion followed on the Inadequacy of this request to comply with the six requirements cited in the Municipal Code for the granting of variances. Mr. Jones Applicant, cited his years of experience with swimming pools and that this site would not be detrimental to any of his neighbors. MOTION SECONDED AND CARRIED: Moved by Councilman Nystrom, seconded by Mayor Hlllestad and passed by the following roll call vote to continue this Item to the meeting of August 16, 1978 for further review of the six requirements of the Code In order to make this Request more compatible with Town ordinances. AYES: Mayor Hillestad and Councllmembers McReynolds and Nystrom. NOES: Councilman Proft. C. SPECIAL REPORTS: I. Reports of Standing Committees: None 2. Reports of Ad Hoc Committees: None 3. Presentations from the Floor: None D. STAFF - REPORTS, CORRESPONDENCE 8_ ANNOUNCEMENTS: None E. SPECIAL ORDERS: I. Council action on request for re -consideration of withdrawal of Williamson Act Con- tracts, LANDS OF PERRETT. Continued to the meeting of August 16, 1978 at the request of the Applicant. 2. Ordinance #242 amending Article I of Chapter 4, entitled "Sewage" of Title 6 of the Los Altos Hills Municipal Code by repealing Subsection (d) of Section 6-4.119 and Subsection (d) of Section 6-4.120, respectively, and amending Section 6-4.122, thereof. MOTION SECONDED AND CARRIED: Moved by Councilman Proft, seconded by Councilman McReynolds and carried unanimously to wa14e further reading of Ordinance #242. AW MOTION SECONDED AND CARRIED: Moved by Councilman Proft, seconded by Councilman McReynolds and passed unanimously to adopt Ordinance #242 (second reading). -2- CITY COUNCIL MINUTES - July 19, 1978 E. SPECIAL ORDERS: (Continued) 3. Ordinance #243 amending Section 4-3.1301 of Article 13 of Chapter 3, entitled to "Traffic" of Title 4 of the Los Altos Hills Municipal Code. MOTION SECONDED AND CARRIED: Moved by Councilman Proft, seconded by Councilman McReynolds and carried unanimously to waive further reading of Ordinance #243. MOTION SECONDED AND CARRIED: Moved by Councilman McReynolds, seconded by Councilman Proft and passed unanimously to adopt Ordinance #243 (second reading). 4. Request for Final Parcel Map Approval, LANDS OF LAMBERT, File TM #2074-77. MOTION SECONDED AND CARRIED: Moved by Councilman McReynolds, seconded by Councilman Proft and carried unanimously to adopt Resolution #1134 approving Final Parcel Map and accepting pedestrian and equestrian pathway easement, LANDS OF LAMBERT, File TM #2074-77. 5. Request for Final Map Approval, LANDS OF HAWLEY, File FM #3058-78. MOTION SECONDED AND CARRIED: Moved by Councilman McReynolds, seconded by Councilman Nystroi and carried unanimously to adopt Resolution #1135 approving Final Map and approving and authorizing execution of gubdivision agreement, LANDS OF HAWLEY, File FM #3058-78. 6. Request for Final Map Approval, LANDS OF NOLLER, File FM #3055-78. MOTION SECONDED AND CARRIED: Moved by Councilman McReynolds, seconded by Councilman Proft and passed unanimously to adopt Resolution #1136 approving Final Map and approving and authorizing execution of Subdivision Agreement, LANDS OF NOLLER, File FM #3055-78. 7. Request for Final Map Approval, LANDS OF CRIST, File FM #3052-78. MOTION SECONDED AND CARRIED: Due to Inaccuracies In the Final Map, It was moved by Councilman McReynolds, seconded by Councilman Nystrom and carried unanimously to continue this item to the meeting of August 2, 1978. 8. Public Hearings: a) Resolution adopting the Palo Alto Sewer Service Charge Final Report and author- izing transmittal to the Santa Clara County Assessor's office. MOTION SECONDED AND CARRIED: Moved by Councilman McReynolds, seconded by Councilman Proft and passed unanimously to adopt Resolution #1137 adopting the Palo Alto Sewer Service Charge Final Report and authorizing transmittal to the Santa Clara County Assessor's office b) Re -consideration of Request for Tentative Map Approval, LANDS OF CLAUDE, File TM #2085-78. Following a brief introduction by the City Manager, the City Attorney described the ease- ment across the subject property for utility and Ingress/egress purposes as non-exclusive, staying with the property currently known as Lands of Blue. Discussion followed on the myriad of roads criss-crossing the property, access provisions for adjacent lots, the futher subdlvidability of Lot 2 and the lack of solutions to the entrance problem. Mr. Claude. Applicant, stated that Mr. Blue refused to release easement rights. He then objected to stringent measures proposed to be placed on Lot 2. L MOTION SECONDED AND CARRIED: Moved by Councilman Nystrom, seconded by Mayor Hillestad and carried unanimously to add the following condition: The building site is to be res- tricted to the northeasterly portion of Lot 2 In the vicinity of the 160' circle as drawn on the Tentative Map. -3- CITY COUNCIL MINUTES - July 19, 1978 E. SPECIAL ORDERS: (Continued) `, 8. b) LANDS OF CLAUDE (Continued) Council consensus was that the above motion alleviated many future problems Inherent In this subdivision while maint6ining consistency with the General Plan. Mr. Claude, Applicant, objected to the new condition and questioned the limitation on a tennis court. He was advised that the condition did not restrict the placement of a tennis court. MOTION SECONDED AND CARRIED: Moved by Councilman Nystrom, seconded by Mayor Hillestad and carried by the following roll call vote to approve LANDS OF CLAUDE, File TM #2085=78, subject to conditions as recommended by the Planning Commission and as amended above. AYES: Mayor Hillestad, Councllmembers Nystrom and Proft. NOES: Councilman McReynolds. c) Request for Tentative Map Approval, LANDS OF ASTRA ESTATES, File TM #2081-78. MOTION SECONDED AND CARRIED: Moved by Councilman McReynolds, seconded by Councilman Nystra and passed by the following roll call vote to adopt a Negative Declaration, LANDS OF ASTRA ESTATES, File TM #2081-78. AYES: Mayor Hillestad, Councllmembers McReynolds and Nystrom. NOES: Councilman Proft. Discussion ensued on the need for a circulation plan and provisions for access to this �` subdivision. 4r' Mr. Pfendt. Engineer for the Applicant, outlined the ramifications of his contract with the owner, Mr. Oliver, and the steep terrain limiting proposed access over that portion of Mr. Oliver's land currently not being considered for subdivision. Commissioner vanTame len advised Council of the Planning Commission's many reviews of this proposal with the current plan felt to be the best. Mr. Lance, Newbridge Road, questioned screening of the road for viewing from his house. The Planner/Engineer referred to Condition 9 for landscaping and the posting of a bond for maintenance to resolve this issue. MOTION SECONDED AND FAILED: Moved by Councilman Prcft, seconded by Councilman McReynolds and failed by the following roll call vote to deny LANDS OF ASTRA ESTATES, File TM #2081-78 without prejudice and refer the matter back to the Planning Commission for a circulation study of the entire 6 lot subdivision, encompassing Lot 6 and any other Oliver property that may come back for future subdivision. AYES: Councllmembers McReynolds and Proft. NOES: Mayor Hillestad and Councilman Nystrom. Mr. Pfendt, Engineer for the Applicant, spoke for the beauty of the subdivision as pro- posed, the low density reached after many revisions and asked for suggestions from Council. Clarification was offered by Council as to the piecemeal effect of the proposal as sub- mitted, traffic circulation problems.and methods of causing the least possible disturbance to the land. 4 Mr. Breyman, Wlldcrest, an adjacent property owner, detailed history of the area. -4- CITY COUNCIL MINUTES - July 19, 1978 E. SPECIAL ORDERS: (Continued) ir 8. c) LANDS OF ASTRA ESTATES (Continued) MOTION SECONDED AND CARRIED: Moved by Councilman McReynolds, seconded by Councilman Nystrom and carried unanimously to refer LANDS OF ASTRA ESTATES, File TM #2081-78, back to Staff and ask that they work with the Applicant to obtain a circulation plan to minimize the number of entrances on La Paloma and minimize the number of cuts and fills, encompassing the entire 20+ acres. F. GENERAL ORDERS 8 UNFINISHED BUSINESS: Letter regarding Rancho Manuella Subdivision. The City Attorney introduced the letter from the attorney for Dr. Fink relative to a requirement of the Rancho Manuella Subdivision and road conditions on Kingsley Avenue. He then advised Council to keep in mind the 180 day limitation on alleging discrepancies against approved subdivisions as contained in the Government Code. Mr. Anderson, Attorney for Dr. Fink, stated that the condition concerning the driveway to Lot 2 had not been met,thus changing nine lots to eight and that the time extension should not be relevant In this matter as an original condition had never been met. Discussion followed litigation pending Involving the parties In this matter, the need for the Town to remain neutral and the need to avoid Council's legal entanglement. MOTION SECONDED AND CARRIED: Moved by Councilman Nystrom, seconded by Mayor Hillestad and passed unanimously to determine that the requirement relative to the joint driveway Is moot due to the 180 day time lapse. MOTION SECONDED AND CARRIED: Moved by Mayor Hillestad, seconded by Councilman Nystrom and carried unanimously to direct the City Manager to repair and Improve Kingsley Avenue as soon as Judgement is received on the pending legal action before Judge Hernandez. G. NEW BUSINESS: I. Co mittee Appointments. 4 PASSED BY CONSENSUS: To re -appoint Mrs. Artemas Ginzton to a two year term on the Environ- mental Design Committee and appoint James Geddes to a two year term on the Environmental Design Committee. PASSED BY CONSENSUS: To re -appoint Walter Gregorwich, B.L. Pfefer and Alexander Traftcanti to a two year term on the Noise Abatement Committee. PASSED BY CONSENSUS: To re -appoint J. Dannenberg and James Piper to a two year term on the Public Works Committee. PASSED BY CONSENSUS: To appoint Barbara Gordon and Richard Rydell to a two year term on the Traffic 8 Public Safety Committee. There being no further new or old business to discuss, the City Council adjourned at 10:30 PM to an Executive Personnel Session. Respectfully submitted, Susan Buttler Deputy City Clerk ss