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HomeMy WebLinkAbout11/15/1978CITY COUNCIL 4/ TOWN OF LOS ALTOS HILLS 26379 Fremont Road Los Altos Hills, California MINUTES OF A REGULAR MEETING Wednesday, November 15, 1978 cc: Reel 115, Side II, Tr. I, 084 -End; Side I, Tr. I, 001-132 Mayor Lucile Hillestad called the Regular Meeting of the City Council to order at 7:43 P.M. 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, City Engineer John Carlson, Commissioner Joseph Dochnahl for the Planning Commission and Deputy City Clerk Susan Buttler. Press: Dave Farrell, Palo Alto Times, Steve Gruber, San Jose Mercury - News and Florence Pallakoff, Los Altos Town Crier. .R. CONSENT CALENDAR: Mrs. Sobel, Christopher's Lane, requested removal of the Warrants. MOTION SECONDED AND CARRIED: Moved by Councilman Nystrom, seconded by councilman i s a carried unanimously to approve the balance of the Consent Calendar, specifically: 1. Approval of Minutes: October 25 & November 1, 1978. 3. Motions for Adoption: a) LANDS OF DAWSON, File TM #2094-78, 16 Lots, granting time extension to 12/20/78 for Planning Commission consideration. b) LANDS OF HOM, File TM #2084-78, 4 Lots, granting time extension to 12/20/78 for Planning Commission consideration. c) LANDS OF LOW, File TM #2088-78, 3 Lots, granting time extension to 12/20/78 for Planning Commission consideration. Mrs. Sobel, Christopher's Lane, questioned Warrants 4033 and 4041 and was advised of the contractual agreement with the City Attorney as well as consulting services of the Engineer/Planner. MOTION SECONDED AND CARRIED: Moved by Councilman Proft, seconded by Councilman Nystrom and passed unanimously to approve: 2. Approval of Warrants: $47,648.22. SPECIAL REPORTS: 1. Reports of Standing Committees: None CITY COUNCIL MINUTES - November 15, 1978 C. SPECIAL REPORTS: (Continued) far 2. Reports of Ad Hoc Committees: Councilman Perkins reported that the Steering Committee (joint Planning Commission -City Council) would be holding a meeting November 16th with a recommendations forthcoming for the November 29th Joint Meeting. Reports from the Planning Commission: None Presentations from the Floor: Mrs. Sobel, Christopher's Lane, stated that providing free coffee for the Staff was an unnecessary expense. D. STAFF - REPORTS, CORRESPONDENCE & ANNOUNCEMENTS: City Manager: a) Manager's Report. Discussion commenced on the first section of the Report relative to a recent Sheriff's report on problems experienced with an organized jogging event. Councilmembers expressed their concerns as to the safety of all runners involved, flagrant violations of State and local laws, ways of coping with the attitude of the organization sponsoring these events and the most effective means of resolving these problems. MOTION SECONDED AND CARRIED: Moved by Councilman Nystrom, seconded by i Councilman McReynolds and passed unanimously that a letter be sent from the Mayor to the Sheriff and District Attorney pertaining to follow-up action on Sheriff's Report #IR78-12814L. MOTION SECONDED AND CARRIED: Moved by Councilman Perkins, seconded by Councilman Nystrom and carried unanimously that a letter be sent from the Mayor to the Sheriff's office and Runner's World citing the need for strict enforcement of violations as well as the issuance of citations. The City Attorney then addressed the section of the Manager's Report concerning the Horace Hill Barn destruction stating the need for Ordinance action by Council to legally provide for the preservation of historical sites. Councilmembers spoke to the safety hazards present at the partially completed demolition site, the urgency need for this Ordinance and a request to the Historical Society for a updated list of historical sites. MOTION SECONDED AND CARRIED: Moved by Councilman Proft, seconded by Mayor Hillestad and passed unanimously to direct the City Manager to authorize clean up of the Horace Hill Barn site and the maintaining of Stop Work red tags on the two adjoining silos. Mayor Hillestad opened discussion on Item 4 of the Report with a request for setting a date for the seminar as proposed by Spangle & Associates. Council consensus was to set a tentative date in January, 1979 as soon as possible. It was then determined to hear Councilman Perkins' questions of the L Report relative to Saddle Mountain Estates and suggestions for items to 4r be contained in future Reports under New Business. -2- CITY COUNCIL MINUTES - November 15, 1978 { E. SPECIAL ORDERS: 1. Request for Final Map Approval, LANDS OF CLAUDE, File FM #3067-78, 3 Lots. The City Manager advised of two corrections needed on the map before Council with discussion following on the need to approve only a finalized map. MOTION SECONDED AND CARRIED: Moved by Councilman Proft, seconded by Mayor Hillestad and passed unanimously to continue consideration of the LANDS OF CLAUDE, File FM #3067-78, to the next meeting. 2. Ordinance #244 adding Section 9-4.1116, and amending Subsections (A) and (C) of Section 9-4.603, respectively, of Chapter 4 entitled "Sub- divisions" of Title 9 entitled "Planning and Zoning" of the Los Altos Hills Municipal Code. MOTION SECONDED AND CARRIED: Following introduction and reading by the C�.ty Manager, it was moved by Councilman Perkins, seconded by Councilman Proft and carried unanimously to waive further reading of the Ordinance. PASSED BY CONSENSUS: To change the wording of Subsection (a) of Section 9-4.603 to read: (a) Each lot shall contain a circle having a diameter of 160 feet inscribed totally within its net area. Councilmembers then attempted to clarify the intent of the new Section 9-4.1116 in order to prevent future fencing from walling off entire sub- divisions and determined the inadequacy of this proposed Ordinance change. MOTION SECONDED AND CARRIED: Moved by Councilman Proft, seconded by Councilman Perkins and passed unanimously to delete SECTION 2 of the proposed Ordinance and all references thereto. The City Attorney advised that the fencing problem could be dealt with individually as merited in Council review of subsequent Tentative Map applications until such time that an Ordinance revision is completed. MOTION SECONDED AND CARRIED: Moved by Councilman Proft, seconded by Mayor Hillestad and carried by the following roll call vote to adopt Urgency Ordinance #244 Amending Subsections (A) and (C) of Section 9-4.603 of Chapter 4, entitled "Subdivisions" of Title 9 entitled "Planning and Zoning" of the Los Altos Hills Municipal Code. AYES: Mayor Hillestad, Councilmembers McReynolds, Nystrom, Perkins and Proft. NOES: None. MOTION SECONDED AND CARRIED: Moved by Councilman McReynolds, seconded by Mayor Hillestad and passed unanimously that fencing considerations shall be a condition of future Tentative Map applications. 3. Ordinance #245 for adoption of Uniform Building, Housing, Plumbing, Mechanical and National Electrical Codes. M TION SECONDED AND CARRIED: Moved by Councilman McReynolds, seconded by Councilman Nystrom and carried unanimously to waive further reading of the Ordinance. MOTION SECONDED AND CARRIED: Moved by Councilman McReynolds, seconded by Councilman Proft and passed unanimously to introduce Ordinance #245 by title (First Reading). Isc 'CITY .COUNCIL MINUTES - November 15, 1978 E. SPECIAL ORDERS: (Continued) l: 3. Ordinance #245 (Continued) MOTION SECONDED AND CARRIED: Moved by Councilman Proft, seconded by Mayor Hillestad and carried unanimously to adopt Resolution #1164 setting the time and place of the Public Hearing on the proposed adoption of certain Uniform Building, Housing, Electrical, Plumbing and Mechanical Codes by reference with certain amendments proposed thereto. 4. Public Hearings: a) Scenic Highways Element inclusion to General Plan. Mayor Hillestad opened the Public Hearing and, as no one came forward to speak to this Item, Council proceeded with the following actions: MOTION SECONDED AND CARRIED: Moved by Councilman McReynolds, seconded by Councilman Perkins and passed unanimously to adopt a Negative Declaration for the proposed Scenic Highways Element. MOTION SECONDED AND CARRIED: Moved by Councilman Nystrom, seconded by Councilman Perkins and carried unanimously to adopt Resolution #1165 Approving and Adopting a Scenic Highways Element and amending the General Plan for Los Altos Hills. Councilman Perkins commended the Planning Commission for collaborative efforts and hard work in the preparation of this document. b) Proposed revocation of Conditional Use Permit, ADOBE CREEK COUNTRY CLUB, File C.U.P. #8004-74. Discussion opened on the Public Hearings held to date on this matter, avenues available for re-application for a new Use Permit and legal actions that would follow should this Use Permit be revoked. Councilman Proft then read the text of the Resolution before Council. MOTION SECONDED AND CARRIED: Moved by Councilman Perkins, seconded by Councilman McReynolds and passed unanimously to amend the Resolution by adding the effective date of 12:01 a.m., December 15, 1978, for the revoca- tion of the Conditional Use Permit. MOTION SECONDED AND CARRIED: Moved by Councilman Proft, seconded by Mayor Hillestad and carried unanimously to adopt Resolution #1166 Approving Findings of Fact and Council determination concerning the proposed revoca- tion of the Conditional Use Permit granted to Adobe Creek Country Club. Mr. Mvers,Attornev for the Land Owner, requested a delay to the end of the year for the effective date of the revocation due to the scheduling of Holiday activities and copies of Exhibit 23-3. Following extensive discussion, consensus was to leave the effective date as December 15, 1978 and copies of Exhibit 23-3 to be made available at the set cost. -4- CITY COUNCIL MINUTES - November 15, 1978 F. GENERAL ORDERS & UNFINISHED BUSINESS: 1. Variance Request, LANDS OF AVENI, File VAR #7051-78. Mr. Nowack, Applicant's Engineer, outlined his letter of November 8th in response to the six Code conditions required for granting variances and referenced the work to be accomplished in agreement with the neighbor. Mr. Syed, Summerhill Avenue, further described the legal agreement being worked out between he and the Applicant to resolve disturbances from the already constructed tennis court. Councilmembers expressed their concerns as to: (1) The utilization of a Variance to resolve this violation; (2) Demonstrated agreement in the neighborhood on the court; (3) The tennis court placement versus what the site would allow; (4) Impacts resulting from an order to remove the court; (5) The unique merits of this request; (Whether the granting of this re- quest would be precedent setting;)and, (6) Penalty provisions available. MOTION SECONDED AND CARRIED: Moved by Councilman Nystrom, seconded by Mayor Hillestad and passed by the following roll call vote to grant the Variance, LANDS OF AVENI, File VAR #7051-78 subject to a penalty as im- posed by the City Manager. AYES: Mayor Hillestad, Councilmembers Nystrom and Proft. NOES: Councilmembers McReynolds and Perkins. G. NEW BUSINESS: v The City Manager advised of the property gift deeded and the waiving of certain fees for LANDS OF RANCHO MURIETTA, Tract #6209, which needed Council action. Councilman Proft questioned the incomplete status of certain work on this project. MOTION SECONDED AND CARRIED: Moved by Councilman McReynolds, seconded by Councilman Nystrom and passed by the following roll call vote to continue the waiver of fees request to the next meeting in order that Staff might ascertain that monument setting and any other work was completed on this subdivision. AYES: Mayor Hillestad, Councilmembers McReynolds, Nystrom and Proft. NOES: None. ABSTAIN: Councilman Perkins. The City Attorney outlined the complexity of the case of Fink versus Los Altos Hills, the recent decision in favor of the Town and appeals that might be forthcoming. Councilman Nystrom asked that the new City Engineer be appointed as Rep- resentative to the Northwest Flood Control District for the Town and con- sensus was in favor of this request. Councilman Proft opened discussion on Saddle Mountain Estates with Council determination that Staff reply by letter to interested residents concerned with this problem. Thereafter, the City Engineer provided an update on the work progression on winterization for the subdivision and answered Council questions as to drainage. -5- CTTY 'COUNCIL MINUTES - November 15, 1978 G. NEW BUSINESS: (Continued) Councilman Perkins asked that the following items be included in sub- sequent City Manager Reports: (1) Status of August letter from Dr. Krieger concerning the hazard on Fremont Road; (2) Status of the letter from the Pathway Committee relative to the treatment of paths during development of subdivisions; (3) Status of City Attorney's letter of August 23rd regarding the Lands of Burke B.S.A.; (4) Follow-up as requested in the September 6th Minutes for Staff review of the Berger development with relation to easements; (5) Status of petition received calling for Ordinance action on truck weight limitations within the Town; and, (6) Status of the flow diagram for procedures and forms used to transmit infor- mation as various steps occur so that all who need to know are aware. It was the consensus of the Council that the City Manager's Report had been well done and that this could provide a viable communication tool to keep all concerned current with the progression and determination of correspondence, etc. through Town Hall. There being no further new or old business to discuss, the City Council adjourned at 11:24 PM to a Joint Meeting of the City Council and Planning Commission to be held at 7:00 PM on November 29, 1978. ow Respectfully submitted, Susan Buttler Deputy City Clerk