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HomeMy WebLinkAbout08/02/1978CITY COUNCIL I TOWN OF LOS ALTOS HILLS ` 26379 Fremont Road Los Altos Hills, California MINUTES OF A REGULAR MEETING Wednesday, August 2, 1978 cc: Reel III, Side II, Tr. I, 976 -End; Side I, Tr. I, 001 -End; Side 11, Tr. 11, 001-543 Mayor Lucile Hlllestad called the Regular Meeting of the City Council to order at 7:37 PM In the Council Chambers of Town Hall. A. ROLL CALL 8 PLEDGE OF ALLEGIANCE: The Oath of Office was administered by the City Manager to new Councilman William Perkins. Present: Mayor Hlllestad, Councilmembers McReynolds, Nystrom, Perkins and Proft. Absent: None. Staff: City Manager Robert Crowe, City Attorney Frank Gllilo, Commissioner Michael Stewart for the Planning Commission and Deputy City Clerk Susan Buttler. Press: Frank Crecolice, Mercury -News, Dave Farrell, Palo Alto Times and Florence Pallakoff, Los Altos Town Crier. B. CONSENT CALENDAR: Mrs. Gottlieb, Chairman/Pathway Committee, requested removal of Item 4. a) and Commissioner Stewart requested removal of Item 5. a). MOTION SECONDED AND CARRIED: Moved by Councilman McReynolds, seconded by Councilman Nystrom and carried by the following roll call vote to approve the balance of the Consent Calendar, specifically: AYES: Mayor Hlllestad, Councilmembers McReynolds, Nystrom and Proft. NOES: None. ABSTAIN: Councilman Perkins. I. Approval of Minutes: July 13, 1978 and July 19, 1978. 2. Approval of Warrants: $34,488.72. 3. Motions for Adoption: a) LANDS OF HIGHTOWER, File TM #2089-78, granting time extension for Planning Com- mission consideration to October 5, 1978. b) LANDS OF BAHR, File TM #2079-78, granting time extension for Planning Commission consideration to October 5, 1978. c) LANDS OF YELTON, File TM #2082-78, granting time extension for Planning Commission consideration to October 5, 1978. d) LANDS OF HOM, File TM #2084-78, granting time extension for Planning Commission consideration to October 5, 1978. e) LANDS OF LOW, File TM #2088-78, granting time extension for Planning Commission a consideration to October 5, 1978. i✓ f) LANDS OF STEERS, File TM #2087-78, granting time extension for Planning Commission consideration to October 5, 1976. CITY COUNCIL MINUTES - August 2, 1978 B. CONSENT CALENDAR: (Continued) 3. Motions for Adoption: (continued) g) LANDS OF BERRY HILL, File TM #2086-78, setting August 16, 1978 as the Public Hearing date. h) LANDS OF TAYLOR, File TM #2077-78, setting August 16, 1978 as the Public Hearing date. 6. Resolutions for Adoption: a) Resolution #1138 approving and authorizing execution of an Agreement between the Town and the Santa Clara Valley Water District. Discussion ensued on the Items removed for separate consideration, namely: 4. Actions of the Variance 8 Permit Commission - recommended granting of the following Building Site Approval request: a) LANDS OF ALMON, File BSA #6106-78. Mrs. Gottlieb Chairman/Pathway Committee, Introduced a new pathway proposal as a needed link to Page MITI Road. Mr. Nowack, Engineer for the Applicant, objected to the proposed placement of the pathway along the driveway and SPOKe in favor of the path as submitted In the Conditions. Thereafter, comments centered on: (1) The General Plan designation of the subject property as "Open Space - Conservation"; (2) The Applicant's proposal to dedicate 21 acres as open space; (3) Problems caused by the steep terrain; (4) Alternative locations for the building site; and, (5) Various actions available to Council to resolve problems inherent In this environmentally sensitive area. MOTION SECONDED AND CARRIED: Moved by Councilman Perkins, seconded by Councilman Nystrom and carried unanimously to return LANDS OF ALMON, File BSA #6106-78, to the Variance 8 Permit Commission with the request that the development of the site be shown with access, with profile of access drive and with cross -slope sections to Indicate the extent of cuts and fill and, that this profile and access be demonstrated to be In accordance with all Town Ordinances. 5. Actions of the Planning Commission - recommended granting of the following Building Site Approval request: a) LANDS OF DEVEZE, File BSA #6107-78. Commissioner Stewart delivered a message from Commissioner Lachenbruch requesting careful Council consideration of the proposed development of marginal properties such as the one before them now. CormisslonerCarl co, O'Keefe Lane, advised Council of her No vote and her feelings that this was not a suitable bullding site. Mr. Sheble, Applicant, asked that Council review all the data before them and stressed that there was complete Code compliance. Mr. Nowack Engineer for the Applicant, answered Council's questions relative to slope and procedures ut 111 zed to arr l ve at the figures shown. Discussion followed on the Planning Commission's recommendation of approval, history of Lo the property as it pertains to the current marginal status, the conformance to the property of the proposed residence and legal ramifications of denial versus approval of marginal lots within the Town. -2- CITY COUNCIL MINUTES - August 2, 1978 B. CONSENT CALENDAR: (Continued) iL 5. a) LANDS OF DEVEZE (Continued) MOTION SECONDED AND CARRIED: Moved by Mayor Hillestad, seconded by Councilman Perkins and passed by the following roll call vote approve LANDS OF OEVEZE, File BSA #6107-78, with new Condition 16 to read: Because this lot pre -dates the Town's Incorporation, the following conditional exceptions to the Municipal Code are granted: (a) Lot area is less than one acre, Ordinance 239, Section 9-4.604 (a).; (b) The requirement for the placement of a 160' circle does not comply, Ordinance 239, Section 9-4.603 (a); and, (c) The regula- tion pertaining to the 350' line within the area does not comply, Ordinance 239, Section 9-4.603 (c). AYES: Mayor Hillestad, Councilmembers Nystrom and Perkins. NOES: Councllmembers McReynolds and Proft. C. SPECIAL REPORTS: I. Reports of Standing Committees: None 2. Reports of Ad Hoc Committees: Dr. Nicholson Chairman/Ad Hoc Committee on Jogging, outlined the Committee's Report, citing safety precautions, courtesy measures, educational ideas and four Committee recom- mendations for resolving the problems previously experienced by mass jogging within the Town. Mayor Hlllestad thanked Dr. Nicholson and requested that the Committee not be dis-banded until Council had time to study the recommendations further. 3. Presentations from the Floor: Dr. Fink. Altadena, asked to make a three minute presentation. The Mayor and City Attorney attempted to ascertain If this matter was in conjunction with legal proceedings now being heard in the courts and, If so, could not be presented at this time. Dr. Fink, Altadena, responded that it was the same matter and requested his denial to speak bo recorded in the Minutes. The City Attorney asked that It also be recorded that Dr. Fink Is represented by several attorneys, one of whom appeared with Dr. Fink at the last Council meeting and who has subsequently written a letter to which a response will be made. Therefore, Mr. Anderson, Dr. Fink's attorney, should be speaking for him. D. STAFF - REPORTS. CORRESPONDENCE 8 ANNOUNCEMENTS: I. City Manager: a) Invoice - Wm. Spangle 8 Associates. MOTION SECONDED AND CARRIED: Moved by Mayor Hillestad, seconded by Councilman Nystrom and carried unanimously to approve payment of the Wm. Spangle 8 Associates Invoice. The City Manager Introduced his memo to refuse State "Assistance" as outlined in SB154, with Council consensus to delay action until they all had an opportunity to study the provisions of this Bill further. L -3- CITY COUNCIL MINUTES - August 2, 1978 E. SPECIAL ORDERS: L I. Request for Final Map Approval, LANDS OF CRIST, File FM #3052-78. MOTION SECONDED AND CARRIED: Moved by Councilman McReynolds, seconded by Councilman Nystrom and passed unanimously to adopt Resolution #1139 approving Final Subdivision Map and approving and authorizing execution of Subdivision Agreement, LANDS OF CRIST. 2. Request for Final Map Approval, LANDS OF HERPICK, File FM #3054-78. MOTION SECONDED AND CARRIED: Moved by Councilman McReynolds, seconded by Mayor Hillestad and carried unanimously to adopt Resolution #1140 approving Final Subdivision Map and approving and authorizing execution of Subdivision Agreement, LANDS OF HERPICK. 3. Request for Final Map Approval, LANDS OF LAMBERT, File FM #3053-78. Continued to the next Council meeting. 4. Request for Final Parcel Map Approval, LANDS OF LAMBERT. Continued to the next Council meeting. 5. Public Hearings: a) Proposed revocation of Conditional Use Permit, Adobe Creek Country Club, File C.U.P. #8004-74. Mayor Hillestad opened the Public Hearing on the proposed revocation and the continuation of the Use Permit review from the meeting of June 7, 1978. The City Attorney then intro- duced Into the record the proof of service by mail of Resolution #1128. Determinatlon followed that the first order of business was the consideration of the Plot Plan, at which time Councilman Prcft excused himself due to possible conflict of interest. MOTION SECONDED AND CARRIED: Moved by Mayor Hillestad, seconded by Councilman Perkins and passed by the following roll call vote to approve the Plot Plan dated January 1978, subject to the proviso that the Council Is not approving any of the alignments of Moody Road as shown on that map,and that the line shown around Parcel 'B' is arbitrary and approx- imate only. AYES: Mayor Hillestad, Councilmembers McReynolds, Nystrom and Perkins. NOES: None. ABSTAIN: Councilman Proft. Council then discussed those Items to be resolved subsequent to the Plot Plan as detailed In the City Attorney's June 2nd memo, resulting in the following determining motions' MOTION SECONDED AND CARRIED: Moved by Mayor Hillestad, seconded by Councilman Nystrom and passed by the following roll call vote to approve the evaluation of traffic circulation and on-site parking plan. AYES: Mayor Hillestad and Councilmembers McReynolds and Nystrom. NOES: Councilman Proft. ABSTAIN: Councilman Perkins. MOTION SECONDED AND FAILED: Moved by Councilman Nystrom, seconded by Mayor Hlllestad and failed by the following roll call vote that no additional improvements be required for traffic circulation and on-site parking. AYES: Mayor Hillestad and Councilman Nystrom. NOES: Councilmembers McReynolds, Perkins and Proft. -4- CITY COUNCIL MINUTES - August 2, 1978 E. SPECIAL ORDERS: (Continued) 5. a) ADOBE CREEK COUNTRY CLUB (Continued) MOTION SECONDED AND CARRIED: Moved by Councilman McReynolds, seconded by Councilman Nystrom and carried unanimously that Improvements are to be made to the Club's entrance according to the recommendation In the City Engineer's memo of April 7, 1976 (Parking and Circulation) with recommendations for a bridge at Gate 2 as well as Internal bridges between the main and gravelled parking areas and at the west end of the main parking area which should be stabilized to support emergency vehicles. MOTION SECONDED AND CARRIED: Moved by Councilman McReynolds, seconded by Mayor Hillestad and passed unanimously to approve the T.J.K.M. engineering evaluation of parking and Internal circulation. MOTION SECONDED AND CARRIED: Moved by Councilman McReynolds, seconded by Mayor Hillestad and carried by the following roil call vote not to take any further action on traffic circulation than what has already been voted upon and, also, the City Engineer's recommenda- tion. AYES: Mayor Hillestad and Councllmembers McReynolds, Nystrom and Proft. NOES: None. ABSTAIN: Councilman Perkins. MOTION SECONDED AND CARRIED: Moved by Councilman Perkins, seconded by Councilman Nystrom and passed unanimously to accept the path and trail easement dedicated within the 400' wide zone bordering the southerly property line as shown on the map. MOTION SECONDED AND CARRIED: Moved by Councilman McReynolds, seconded by Councilman Nystrom and carried unanimously to accept the pathway dedication between the pavement of Moody Road and the paved parking and entrance area along the northerly boundary of the Adobe Creek Country Club property line and limiting subject pathway to the easterly part of Parking Lot #1 as shown on the T.J.K.M. map dated December 24, 1971. Thereafter, the revocation proceedings continued. Mr. Myers Attorney for the Owner of Adobe Creek Country Club, requested that the following be put on record: I represent David Belluccl, the land owner, and I also represent Adobe Creek Properties. Now it's true, the Use Permit Is Issued to Adobe Creek Country Club, a separate entity; but, my client, the land owner, since this Use Permit was given to him has spent hundreds of thousands of dollars to Improve this particular piece of property, constructing tennis courts, the Pro Shop and other facilities. He has a management con- tract with the Country Club Itself and all the activity that relates to this particular piece of property. He has an agreement that he has entered into with various individuals, members of the Club, that involves very considerable, potential obligations for Mr. Belluccl. He has, in our view, certainly a beneficial Interest and it seems to us a funda- mental vested right in this particular Use Permit. That being the case, this proceeding where you are threatening to revoke his Use Permit Is one which has got to be conducted In a manner where the elemental aspects of due process have to be accommodated to. As I mentioned before, this means adequate notice, this means an impartial tryer of the fact. Not somebody who canes to this meeting with a pre -conceived Idea or notion or has a personal Interest In any aspect. It means we should have the opportunity to cross-examine witnesses, we should have findings of fact by this body. We need to have a record for court review. Essentially, what we are asking for Is a fair trial because the capacity In which you now act is not legislative; It Is judicial. In that connection, I want the record to show that we did ask for procedural rules, which under the law were to be developed and pub- lished by this City relating to zoning matters. I got back a letter from the City Manager Indicating that the Town does not have specialized procedures to be utilized to conduct the hearing. He referred me to 'Robert's Rules of Order' and, I think that shows the mis- conception because those rules relate to legislative, parliamentary type hearings, not -5- CITY COUNCIL MINUTES - August 2, 1978 E. SPECIAL ORDERS: (Continued) 5. a) ADOBE CREEK COUNTRY CLUB (Continued) judicial hearings. As I understand from his letter, you do not have rules which set forth the things that will govern our hearing here tonight. For example, who has the burden of proof? Who has the burden of going forward? Who is the one who will rule on whether the evidence is relevant or not? What kind of weight is to be given to a variety of evidence? Are there going to be witnesses that are going to be sworn? Do we have the right to cross- examine? None of your procedural rules set forth that at all and the legislature required that cities develop and publish rules on zoning matters, It Is that type of thing which they had In mind. (Mr. Myer then submitted, for the record, his letter of July 31, 1978 and the City Manager's letter of response.) Next, I want to object to the form of notice. The notice that went out did not give us specifics as to the Items of challenge that you are putting forward. You have a very general statement that we failed to meet certain Items in the Use Permit, but, nothing gives the particulars as to In what way we are supposed to have failed to meet those particular Use Permit conditions. One of the most important thing° however, that I want to go on record as requesting Is that we have evidence that there are Independent, unbiased hearing officers sitting up here to try this particular case. We feel that we should have an opportunity to be able to test that. Certainly, some of you are close neighbors and some of you, In past times, have disqualified yourselves from acting with respect to Mr. Belluccl and this particular property. I think we are entitled to be able to test whether there exists tonight as you sit here any particular personal blas, any particular pre -conceived notions relating to this property. I think we should be en- titled to test whether you have a personal Interest, being a close property owner, In this particular property. As you sit here, there are three of you who are in relative close proximity to that particular land. Also, in going back over prior matters we understand that some of you may well have been members of or affiliated with CURE or Los Altos Hills Association. At certain times, one of the avowed purposes of those organizations was to cause this particular piece of land to be shifted to subdivision and I think we ought to be entitled to find out whether, In fact, those notions are still notions that you particularly have. In essence, since you are sitting here rather as a jury to determine questions of fact, we should have the same opportunity as a litigant has to determine whether he Is going to have unbiased, unprejudiced jurors try his particular case. I would suggest, for your consideration, that some thought should be given to whether the Councilmembers themselves who are to sit and try this ought to be questioned, under oath, as to their own personal feelings so that we may have a record which would show whether, in fact, you are of a mind where you can fairly and partially try these heated Issues. We are going to ask, also, that the witnesses be sworn and that they give evidence and not just statements of opinion. We would like the opportunity and we think we're entitled to It, to be able to cross- examine those particular witnesses. We, specifically, are requesting that there be findings of fact made up and that they be in writing and that they give the details of whatever the decision is that this group comes to. (Mr. Myers expresses appreciation to the City for the presence of the Court Reporter, offering to place a deposit for these services.) One other question that we have, and this relates to the environmental Impact. The particular things being said, If there Is a revocation, are going to cause a substantial change In the use of that property. This, in our view, Is an activity by a governmental agency which will have an environmental impact and raises the questionofwhether or not this City should not, if it is seeking to change the use of the property, consider getting an Environ- mental Impact Report to note, in fact, what those changes are going to be. I ask these questions, I would like to have some response so that I may know how this particular hearing Is going to be carried forward by this Council? The City Attorney responded that, even at the higher court level, confusion existed re - 40 lative to the quasi-judicial powers of councils and/or boards and reiterated the proof of mailing of the hearing notice and statements contained therein. He further advised of the Issuance of the Use Permit to Adobe Creek Country Club only and not to the property owner. CIN COUNCIL MINUTES - August 2, 1978 E. SPECIAL ORDERS: (Continued) 5. a) ADOBE CREEK COUNTRY CLUB (Continued) Discussion followed on the merits and/or necessity of cross-examination of Councilmembers. MOTION SECONDED AND CARRIED: Moved by Councilman McReynolds, seconded by Councilman Nystrom and passed unanimously to deny the request by Mr. Myers for interrogation of Counctlmembers. Mr. Myers, Attorney, stated that he was not satisfied that this process accorded due pro- cess and his further participation did not, In any way, waive any of his clients' rights. MOTION SECONDED AND CARRIED: Moved by Councilman Nystrom, seconded by Councilman Perkins and carried unanimously to approve the right of cross-examination of all named parties. MOTION SECONDED AND CARRIED: As it was past the time of adjournment, it was moved by Councilman Perkins, seconded by Councilman Nystrom and passed unanimously to continue the meeting In order to make further headway on the Issues before Council. The City Manager outlined the areas felt to be In non-compliance with the terms of the Use Permit. Mrs. Carsten, Club Member, advised Council of a petition being circulated that might negate the problems being dealt with tonight. Mr. Klages Board President/Adobe Creek Country Club, told of the many efforts made by the Club members to control the activities there and, recently, to purchase the subject property He then responded to Council questions as follows: (1) The Board has no control over the food/beverage sales or knowledge of accounting practices; (2) Non-elub activities are booked through Adobe Creek Properties; (3) Payroll, personnel changes, contract rates and dues are all determined by the land owner, i.e., Adobe Creek Properties; (4) Current Board is advisor, only; and, (5) They have no knowledge of the current financial situation of the Club. Mr. Klages offered the history of the Club's structure and various Boards since 1976. MOTION SECONDED AND CARRIED: Moved by Councilman McReynolds, seconded by Councilman Nystrom and passed unanimously to continue the Public Hearing on the proposed revocation of the Adobe Creek Country Club C.U.P. until a later date. MOTION SECONDED AND CARRIED: Moved by Mayor Hillestad, seconded by Councilman Proft and carried by the following roll call vote to set 3:30 PM, August 3, 1978, to continue the Public Hearing on the proposed revocation of the Adobe Creek Country Club C.U.P. AYES: Mayor Hillestad and Counciimembers McReynolds and Proft. NOES: Council members Nystrom and Perkins. PASSED BY CONSENSUS: To continue the Public Hearing on Item 5 b) to 3:30 PM, August 3,1978. c) Re -consideration of Request for Tentative Map Approval, LANDS OF ASTRA ESTATES, File TM #2081-78. (Negative Declaration adopted at last meeting.) Mr. Pfendt, Applicant, introduced the various circulation plans as requested by Council at their last meeting. Discussion ensued on the aspects of these plans, specifically, privacy Intrusion of adjacent property owners, cuts and fill requirements, conservation easement Included on Plan 'A' and the use of trees for screening. MOTION SECONDED AND CARRIED: Moved by Councilman McReynolds, seconded by Mayor Hlllestad and passed unanimously to add as new Condition i7: Applicant shall dedicate a 100' con- servation easement along the boundary of La Paloma. Circulation Plan 'A' shall be utilized. Councilman Proft then questioned the piecemeal development of this portion of the Oliver property. Discourse followed between Council and the City Attorney as to the legal raml- fications of the Subdivision Map Act as It pertained to this proposal with consensus for approval. _7_ CITY COUNCIL MINUTES - August 2, 1978 E. SPECIAL ORDERS: (Continued) 46 5. c) LANDS OF ASTRA ESTATES (Continued) MOTION SECONDED AND CARRIED: Moved by Mayor Hillestad, seconded by Councilman Nystrom and carried by the following roll call vote to approve LANDS OF ASTRA ESTATES, File I'M #2081-78, subject to conditions as recommended by the Planning Comm lssion and, as amended tonight. AYES: Mayor Hillestad, Councilmembers McReynolds, Nystrom and Perkins. NOES: Councilman Proft. d) Request for Tentative Map Approval, LANDS OF TRAFICANTI, File TM #2083-78. MOTION SECONDED AND CARRIED: Moved by Councilman McReynolds, seconded by Mayor Hillestad and passed unanimously to adopt a Negative Declaration, LANDS OF TRAFICANTI, File TM #2083-7£ Mr. Traflcantl, Applicant, spoke for the approval of the Tentative Map with a request for deletion of Condition 10, a pathway easement along Voorhees Drive. Mr. Guslani, Normandy Lane, stated that St. Nicholas School administrators were not In favor of students approaching from the direction this pathway would lend Itself to. Mrs. Gottlieb. Summerhill, provided history of the permissive use of this area by the children and urged retaining this condition to provide a safer route to the school. During a brief discussion on the pathway question, Commissioner Stewart asked that the following statement be on record: The Traficantl's and the Incerpi's got everything they wanted and they just want something more. I don't know why the School doesn't want the children to use that road because It's much safer than coming around Summerhl 11 on a bicycle. I can't understand their thought on this. One of the things that's going to happen In the future when the Clausen property (right across Voorhees) develops, Barley Hill Road will come Into Voorhees and there will be a trail or street that will come in right next to St. Nicholas School. So, we're going to have that in the future. This condition was a temporary situation so that someday we'll have a path that will come all the way from Hilltop on down to Voorhees Drive when that comes through. Thereafter, Council considered all Input from residents and Pathway Committee members with consensus on the following motion. MOTION SECONDED AND CARRIED: Moved by Councilman McReynolds, seconded by Mayor Hillestad and passed by the following roll call vote to delete Condition 10, LANDS OF TRAFICANTI. AYES: Mayor Hillestad, Councilmembers McReynolds, Perkins and Proft. NOES: Councilman Nystrom. PASSED BY CONSENSUS: To insert In Condition 4 "(a) and (b)" before the words "as follow0. PASSED BY CONSENSUS: To delete "All future" In Condition 7. MOTION SECONDED AND CARRIED: Moved by Councilman Nystrom, seconded by Mayor Hillestad and passed unanimously to approve LANDS OF TRAFICANTI, File TM #2083-78, subject to conditions as recommended by the Planning Commission and, as amended tonight. Oil Proposed acquisition by eminent domain, APN Nos. 182-03-013 and 182-04-046. Introduction by the City Manager included background on stalled negotlaticn efforts to acquire the subject property located on Purissima at the intersection of Viscalno. �. Mr. Kuna, Attorney for the Property Owner, cited current land values and requested con- sideration of property exchange in addition to the monetary figure being offered. S17 CITY COUNCIL MINUTES - August 2, 1978 E. SPECIAL ORDERS: (Continued) `y 5. e) Proposed acquisition by eminent domain (Continued) Mr. Nemeth, Property Owner, agreed with Counclimembers that the property being considered for acquisition was not a buildable site and requested just compensation. Council determination was to consider the matter and not try to resolve negotiation dif- ferences at this time. MOTION SECONDED AND CARRIED: Moved by Councilman McReynolds, seconded by Councilman Proft and passed by the following roll call vote to adopt Resolution #1141 approving and author- Izing condemnation for public use of specific property, APN Nos. 182-03-013 and 182-04-046. F. GENERAL ORDERS 8 UNFINISHED BUSINESS: I. Request for Council endorsement of continuation of County funding for animal trapping services. Continued due to the lateness of the hour. G. NEW BUSINESS: I. Committee Appointment. Continued due to the lateness of the hour. H. ADJOURNMENT: There being no further new or old business, the City Council adjourned at 1:30 AM to a meeting at 3:30 PM, August 3, 1978. Respectfully submitted, Susan Buttler Deputy City Clerk SE