Loading...
HomeMy WebLinkAbout10/23/1978CITY COUNCIL L TOWN OF LOS ALTOS HILLS 26379 Fremont Road Los Altos Hills, California MINUTES OF AN ADJOURNED REGULAR MEETING Monday, October 23, 1978 cc: Reel 113, Side iI, Tr. I, 068 -End; Side I, Tr. I1, 001-385 Mayor Lucile Hillestad called the Adjourned Regular Meeting of the City Council to order at 7:30 PM in the Council Chambers of Town Hall. A. ROLL CALL & PLEDGE OF ALLEGIANCE: - Present: Mayor Hillestad, Councilmembers McReynolds, Nystrom, Perkins and Proft. Absent: None. Staff: City Manager Robert Crowe, City Attorney Frank Gillio, Consul- ting Engineer/Planner John Markl, Commissioner Michael Stewart for the Planning Commission and Deputy City Clerk Susan Buttler. Press: Florence Pallakoff, Los Altos Town Crier, Dave Farrell, Palo Alto Times and Steve Gruber, San Jose Mercury -News. B. CONSENT CALENDAR: Councilman McReynolds requested the removal of Item 5. b) for separate consideration. MOTION SECONDED AND CARRIED: Moved by Councilman Perkins, seconded by Councilman Nystrom and carried unanimously to approve the balance of the Consent Calendar, specifically: 1. Approval of Minutes: October 4, 1978 2. Approval of Warrants: $23,560.19 3. Motions for Adoption: a) LANDS OF HORTON, File TM #2066-77, 6 Lots, setting November 1, 1978 as the Public Hearing date. 4. Actions of the Variance & Permit Commission: a) LANDS OF SAUNDERS, File VAR #7054-78, approval of Variance request. 5. Resolutions for Adoption: a) Resolution #1157 congratulating Supervisor Sid Sanchez upon his retirement. MOTION SECONDED AND CARRIED: Moved by Councilman McReynolds, seconded by Mayor Hillestad and passed unanimously to table Item 5. b) to be heard on or before the November 1, 1978 Regular Meeting for the purpose of review by Executive Session. CITY 'COUNCIL MINUTES - October 23, 1978 C. SPECIAL REPORTS: C 1. Reports of Standing Committees: None 2. Reports of Ad Hoc Committees: None 3. Presentations from the Floor: Mr. Laws, Hooper Lane, objected to the annexation of more County land which would result in cluster housing and the installation of a sewer line along Magdalena. Mayor Hillestad assured Mr. Laws that, should annexation occur, cluster housing would not be permitted. D. STAFF - REPORTS, CORRESPONDENCE & ANNOUNCEMENTS: 1.. City Manager: (changed due to error on the Agenda) The City Manager introduced to the Council and the audience Mr. John A. ' Carlson, who will be assuming the position of City Engineer on October 30, 1978, and Mayor Hillestad extended him a warm welcome. a) Report on Saddle Mountain Estates, Tract No. 6297. i. The City Manager outlined the steps that had been taken since the last meeting, particularly, the Jo Crosby & Associates Report of October 20, 1978 with the samples taken revealing serious soils instability. Mr. Cotton, Town Geologist, concurred with the findings of this Report and recommended a full plan for immediate winterization with determination ` of the magnitude of problems thereafter. 1 4 Councilmembers discussed with Staff the need for a specific winterizing ,1 plan versus ( the need for immediate implementation before the rains. P Y!1 I�$ Mr. , Attorney for the Applicant, stated that, as requested, a tem- 1Iporary plan had been submitted to the Town, thereafter, they were waiting for approval. Mr. Stern, BAS Homes, Applicant, advised of correspondence and meetings held to resolve these problems and inspection denial by the Town holding up their hydroseeding efforts. Councilmembers talked with Mr. Stern relative to the dangers of permanent undergrounding at this time, time constraints placed on the winterizing program, the need for immediate hydroseeding as well as improvements along Page Mill to catch water runoff and inspections to be scheduled by the Town. Mr. Chown, Page Mill Road, hoped that the retention basin re -design would be accomplished before the rains and requested barriers on the subject property to keep motorcycles, four wheel drive vehicles, etc. away. After Council discussion with Mr. Crosby concerning the retention basin relocation as well as his recommendations to accomplish this, Mr. Chown asked for serious Council consideration of design adequacy. Councilman Perkins outlined his concerns as to the volume of water that could be handled by the present design and was advised by Mr. Stern that this would be adequately resolved. Mr. Sobel, Christopher's Lane, told of soils problems caused in this area by the construction of IS280, recommending tarring of the property. -2- CITP'COUNCIL MINUTES - October 23, 1978 D. STAFF - REPORTS, CORRESPONDENCE & ANNOUNCEMENTS: (Continued) 1. a) Report on Saddle Mountain Estates (Continued fir In conclusion, Council directed the City Manager to review and, as neces- sary, approve plans to initiate winterization of Saddle Mountain Estates as quickly as possible. b) Claim from Janice M. Goodman. MOTION SECONDED AND CARRIED: Moved by Councilman Proft, seconded by Councilman Nystrom and carried unanimously to reject the claim of Janice M. Goodman and refer to the Town's insurance carrier for processing. SPECIAL ORDERS: 1. Request for Final Parcel Map Approval, LANDS OF CASTERSON, File FM #3060-78. Following introduction, the City Manager advised Mayor Hillestad that the monument boxes would be installed on Elena Road and Councilman Proft that Section 9-4.1115 (setting boundaries and centerline monuments before recor- dation of Final Map) would be complied with. MOTION SECONDED AND CARRIED: Moved by Councilman Nystrom, seconded by Councilman Proft and passed unanimously to approve Final Parcel Map, LANDS OF CASTERSON, File FM #3060-78. MOTION SECONDED AND CARRIED: Moved by Councilman Perkins, seconded by Councilman Nystrom and carried unanimously to adopt Resolution #1159 ac - 4 cepting easements dedicated on Parcel Map, LANDS OF CASTERSON. 2. Request for re -consideration of withdrawal from Williamson Act Con- tracts, LANDS OF PERRETT. Councilmembers expressed confusion as to the information before them, thereafter, the City Attorney read portions of the Resolution as presented and outlined it's application to the request. Councilman Perkins stated that the major issue to be addressed by the Applicant was whether the can- cellation was in the public interest. Mr. Semas, SEM Developers, Applicant, offered the following in support of their request: (1) A conceptual Plan (Exhibit "B") for the Entire Property; (2) That there would only be 188 development on the Entire Property; (3) Meetings had been held with the majority of adjacent residents and every effort made to Master Plan the development with their interests foremost; (4) The generous amount of open space to be offered at a reduced value; (5) Negotiations now being worked on by him to close the quarry, thus reducing truck traffic and inherent problems; and, (6) The ability of all concerned to now achieve controlled development. In response to Council questions, Mr. Semas stated that there would be full compliance with all Town ordinances, slope density calculations had not yet been made during this conceptual plan process, the openness as well as value amenities achieved with the inclusion of a golf course, a three to four month proposed time frame to arrive at a full Master Plan study and pro- posed emergency use only of an existing dirt road into the Mid -Peninsula ILO Park District area. -3- CITY'COUNCIL MINUTES - October 23, 1978 E. SPECIAL ORDERS: (Continued) 2. LANDS OF PERRETT (Continued) Mr. Gorham, Stonebrook, objected to the previous map of the proposed devel- opment showing a road through his property and the promises made by Mr. Somas which he felt the Town should obtain in contract format. Mr. Greoorwich, Priscilla Lane, felt that there were no guarantees that the Mid -Peninsula Park District would obtain sufficient funds to purchase the open space offered. Mr. Clifford, Stonebrook, stated that RURAL did not represent most of the people in the area and that the proposal before Council was much too vague. Mr. Smith, President/RURAL, advised of meetings held and the validity of of the signatures obtained in favor of this proposal. Mrs. Wood, Stonebrook, spoke against the noise and traffic resulting from the building of more homes with access via Stonebrook. Mrs. Shuler, Stonebrook, also called for legalizing any proposal before acceptance by the Town and that the quarry closure was vital. Mr. Hollewedel, Priscilla Lane, told of the efforts made by RURAL to get all adjacent residents involved, the apathy encountered and the need to control the development when it is possible. Mrs. Merrill, Rhus Ridge, stated that by leaving the area to be developed into 20 acre parcels in the County there would be detrimental re-subdivis- ion esubdivis- ion in ten years. Mr. Semas, SEM Developers, Applicant, felt that an Environmental Impact Report would address the concerns given and that the conceptual plan with documents gave the Town needed clout to assure the keeping of his promises. Mr. Carlisle, Stonebrook, said he thought the chances of closing the quarry were very remote. Mr. Gregorwich, Priscilla Lane, advised that the County's 20 acre zoning would never be changed as per his information from their Planning Dept. Mrs. Carlisle, Stonebrook, stressed that the traffic situation on Stonebrook was never addressed. Thereafter, Councilmembers reviewed the ramifications of the Resolution before them, ways of binding contractually the Master Plan, property owner- ship of SEM Developers, whether public interest was fully considered within this proposal, their intent to follow the guidelines of the Resolution as drawn by the City Attorney rather than insert changes as requested by the developer and the overall control this approach offered the Town. MOTION SECONDED AND CARRIED: Moved by Councilman Nystrom, seconded by Mayor Hillestad and carried by the following roll call vote to adopt Resolution #1158 of the City Council of the City of the Town of Los Altos Hills declaring its intention to cancel a Land Conservation Contract and giving tentative approval thereto and prescribing the conditions upon which final approval would become effective. AYES: Mayor Hillestad, Councilmembers Nystrom and Proft. 40 NOES: Councilmembers McReynolds and Perkins. -4- CITY'COUNCIL MINUTES - October 23, 1978 E. SPECIAL ORDERS: (Continued) 4 3. Public Hearings: a) Proposed revocation of Conditional Use Permit, ADOBE CREEK COUNTRY CLUB, File C.U.P. #8004-74. The City Manager was sworn in to testify, following which the City Attorney questioned him as to the Club's compliance with specific conditions of the Use Permit. Mr. Myers, Attorney for the Land Owner, asked Mr. Crowe as to his personal knowledge of any violations versus information relayed from another source. After this series of questions, Mr. Myers proceeded with his summation, highlights of which are; (1) That the procedural format prevented his client from having a fair hearing; (2) There was lack of evidence present to support revocation; (3) Club functions as well as outside activites had presented no adverse effects on Los Altos Hills residents; (4) There had been due process failures; (5) The current Management Contract could not be found in violation of the terms of the Use Permit; and, (6) Records had not been introduced proving that the outside activity income exceeded 108. The City Attorney then delivered his summation, outlined as follows: (1) Proper notice followed by public hearings had been duly complied with; (2) Council action had been taken on the plot plan as well as conditions con- nected with it; (3) Evidence shows that Club members have not had control over outside activities since the latest agreement; (4) Notices of these events have not been supplied to the Town in over a year; (5) There is evidence that over 108 of the Club's income has resulted from outside activities; (6) Failure to comply with even minor Use Permit conditions displays contempt of these provisions which were initially signed by the Land Owner/Manager; (7) The debt structure preceeding the approval of the Management Contract was clearly an influencing factor; and (8) Previous court decisions had upheld the Town's position on the regulation of non- profit use only of this facility. Mr. Myers, Attorney for the Land Owner, offered rebuttal that there was full awareness on the part of the Board of Directors as to the background of the debt structure; many of these issues were internal to the Club, therefore, irrelevant to the issue before Council; and, a personal ven- detta against the Land Owner was obscuring the facts necessary for revoc- ation of the Conditional Use Permit. MOTION SECONDED AND CARRIED: Moved by Councilman McReynolds, seconded by Councilman Nystrom and carried unanimously to take the proposed revocation of Conditional Use Permit, ADOBE CREEK COUNTRY CLUB, File C.U.P. #8004-74, under submission and scheduled the Regular Meeting of November 15, 1978 for Council consideration of written findings of fact. PASSED BY CONSENSUS: As it was well past the hour of adjournment, Council consensus was to continue the remaining Items on the Agenda to an Adjourned Meeting on Wednesday, October 25, 1978 Council adjourned at 12:08 AM to a meeting at 4:00 PM Wednesday, October 25, 1978, for the purpose of hearing the remaining Items on the Agenda. 4W Respectfully submitted, Susan Buttler Deputy City Clerk -5-