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HomeMy WebLinkAbout04/06/1977CITY COUNCIL 40 TOWN OF LOS ALTOS HILLS 26379 Fremont Road Los Altos Hills, California MINUTES OF A REGULAR MEETING Wednesday, April 6, 1977 cc: Reel 100, Side 1, Tr. 1 - 707 -End, Side 2, Tr. 1, 001-858 Mayor Keith Brown called the Regular Meeting of the City Council to order at 7:30 P.M. in the Council Chambers of Town Hall: A. ROLL CALL: Present: Council Members Cheney, Hillestad, Proft, Mayor Brown Absent: Councilman McReynolds Staff: City Manager Robert Crowe, City Attorney Frank Gillio, City Engineer Alec Russell, City Planner/Engineer John Markl, City Clerk Norma Hislop Press: None B. CONSENT CALENDAR: 4 City Clerk Norma Hislop requested the removal of Item 1; Mr. Larry Giller, Vinedo Ln., requested the removal of Item 2, and Councilman Proft requested that Item 4 b) be removed from the Consent Calendar for separate consideration. Councilman Proft moved, seconded by Councilman Cheney and unanimously carried to approve the Items remaining on the Consent Calendar, specifically: 3. a) Approval of request for variance from setback line requirements for existing dwelling, LANDS OF CROW, File #Var. 7036-77. 4. a) Approval of request for lot line change on approved tentative map, LANDS OF CASSARA, File #TM2038-76. c) Approval of request for Conditional Use Permit for secondary dwelling, LANDS OF CROW, File #CU8020-77. ITEMS REMOVED FROM CONSENT CALENDAR FOR SEPARATE CONSIDERATION: 1. Approval of Minutes: March 30, 1977. City Clerk Norma Hislop stated that under Item 3 on page 4, Appeal of Mr. J. W. Delles, that an error had been made in the Staff recommendation relative to the road improvement fees which should be corrected; that it was Staff's in- tention to recommend the waiver of fees for Baker Lane, and maintaining the requirement for road fees for Purissima Road. CITY COUNCIL MINUTES - April 6, 1977 4 ITEMS REMOVED FROM CONSENT CALENDAR (Cont'd): 2. Approval of Warrants: $37,656.87 In response to the inquiry of Mr. L. Giller, Vinedo Lane, Mr. Crowe responded that Warrant #2302 had been voided and Warrant #2310 had been issued in its place; however the Warrant Total was correct. He stated that this warrant was for the reimbursement of various business meetings for the month including the Annual ICC meeting, the monthly City Managers meeting, and a business meeting between himself and the Mayor. He also stated that the City Engineer had attended the Public Works Officials meeting. Mr. Giller voiced objection to the expenditure of public monies for a meeting between the City Manager and Mayor, stating that such meetings should be held at Town Hall. Mayor Brown thanked Mr. Giller for expressing his opinion, and stated that he disagreed; that there were occassions when a business meeting away from Town Hall was In order. Mrs. J. Carico, O'Keefe Lane, and Councilwoman Hillestad spoke in support of the Mayor's position. 4. b) Conditional Use Permit - Renewal: LANDS OF DICKINSON, File #CU8011-76. Councilman Proft moved, seconded by Councilman Cheney, to amend Condition 15 of the approved check list as recommended by the Planning Commission to read as E follows: "Sixty days (60) from the date of expiration of the current (1976)Use 4✓ Permit, the present water system shall be brought into compliance with applicable Health Department regulations or service be obtained from the Purissima Hills Water District." Motion carried by the following roll call vote: AYE: Council Members Cheney, Hillestad, Proft, Mayor Brown NO: None ABSENT: Councilman McReynolds ABSTAIN: None Councilman Cheney moved, seconded by Councilwoman Hillestad, to approve the renewal of the Conditional Use Permit for LANDS OF DICKINSON, File #CU8011-76, subject to conditions as recommended by the Planning Commission and as amended by Council (above). Motion carried by the following roll call vote: AYE: Council Members Cheney, Hillestad, Proft, Mayor Brown NO: None ABSENT: Councilman McReynolds ABSTAIN: None Councilman Proft moved, seconded by Councilman Cheney, to approve the remaining items removed from the Consent Calendar for separate consideration, namely: 1. Approval of Minutes: March 30, 1977 (Regular Meeting) as amended (above). 2. Approval of Warrants: $37,656.87. 4W -2- CITY COUNCIL MINUTES - April 6, 1977 4, C. SPECIAL REPORTS: 1. Reports of Standing Committees: None Reports of Ad Hoc Committees: Westwind Barn Committee - Supplemental Report regarding costs of vandalism repair to facility: Mr. Peter Davis, Orchard Hill Lane, reported that he and the City Manager had met for the purpose of examining the vandalism damage to Westwind Barn in detail. It was agreed that approximately $2,000.00 would be needed to repair broken windows, carpentry damage, and the automatic watering devices. This would be for materials and supplies, the labor for such repair being done in part by the Town's Maintenance Crew and by volunteers from the Cooperative, as available. Mr. Davis also reported that an application for a Use Permit was on file at Town Hall at the present time; that the Cooperative had been incorporated under the name "Friends of Westwind, Inc."; that a Manager had been hired for the stable operation; a first draft of Rules and Regulations had been submitted to Council, and that the bi-laws would be available within one week; a full-time Stableman would be hired and working by May 1st; and that Council had before them a proposed lease agreement for consideration. Mr. Crowe stated that he recommended that, if Council approved, the City Attorney be directed to draw up a lease agreement for presentation to Council at their next meeting so that the request for a Conditional Use Permit and Lease could E be heard at the same time to avoid delays. �r Council discussion ensued with Mr. Davis and Mr. Crowe pertaining to details of the lease agreement, concensus of Council being that the wording should be flexible as it pertained to the annual rental fee so that it could be reviewed periodically. Discussion also related to the costs of the sprinkler system installation and the repair of damages to the Barn. Following these discussions, the following actions were taken: Councilwoman Hillestad moved, seconded by Councilman Proft,to direct the City Manager to proceed with the installation of a fire sprinkler system and authorize the allocation of funds for that purpose. Motion carried by the following roll call vote: AYE: Council Members Cheney, Hillestad, Proft, Mayor Brown NO: None ABSENT: Councilman McReynolds ABSTAIN: None Councilwoman Hillestad moved, seconded by Councilman Cheney, to authorize the expenditure of $2,000.00 for vandalism repairs to the Westwind Barn. Motion carried unanimously by the following roll call vote: AYE: Council Members Cheney, Hillestad, Proft, Mayor Brown NO: None ABSENT: Councilman McReynolds ABSTAIN: None -3- 4W 7 CITY COUNCIL MINUTES - April 6, 1977 SPECIAL REPORTS (Cont'd): Westwind Barn (Cont'd): Councilman Proft moved, seconded by Councilwoman Hillestad, to appropriate Seven Thousand and Two Hundred Dollars ($7,200.00) from the unappropriated fund balance of Revenue Sharing to the Westwind Project Account. Motion carried by the following roll call vote: AYE: Council Members Cheney, Hillestad, Proft, Mayor Brown NO: None ABSENT: Councilman McReynolds ABSTAIN: None Council also directed the City Attorney to prepare a Lease Agreement between the Town and Friends of Westwind, Inc. for consideration at the next meeting of the City Council, April 20th. Mr. Davis thanked Council, stating that he was sorry that representatives from the Press were not present this evening to report that it was possible for people to work together when they wanted to in order to get a job done, because It often appeared in the newspapers that people within the Town were unable to agree on resolutions to problems. 3. Presentations from the Floor: a) Presentation by Bullis-Purissima School representatives relative to Community Center Mrs. L. Martell introduced School Principal Mr. Michael Sibitz, Mrs. Marilyn Lane and Mr. Bruce Grimes, representatives of the faculty, parents, and the community, and reported on polls taken within the community among various age groups with regard to the development of school and its grounds for a Community Center. Comments from parents indicated that they would like to see volley ball courts,.a jogging track, and possibly a few picnic tables included in the plans. Senior Citizens comments included a possible lawn bowling area and an outdoor meeting area, and school children wished to see a more developed play area. Because of limited funding, Mrs. Martell stated that not all projects could be implemented at once and the rest would be developed over a period of time. She commented that much of the work would also be done by volunteers from the Community. She stated that, if members of the Community or Council had any suggestions, that the School and Parents Group would appreciate receiving them, and also would appreciate any offers to assist them in this project. She stated that the first work day was scheduled for April 30th. Any further information could be obtained by calling the school. She also noted that donations of materials would also be gratefully accepted. Council commended the Bullis-Purissima commendable work and thanked the group requested that Staff include an article newsletter. -4- Parent -Teachers Association for their for their presentation. Mayor Brown pertaining to this subject in the Town's CITY COUNCIL MINUTES - April 6, 1977 Because of the lateness of the hour, the following was heard at the end of the Council meeting, but appears in the order scheduled on the evening's Agenda. D. STAFF: REPORTS, CORRESPONDENCE A ANNOUNCEMENTS: 1. City Manager a) Town Newsletter Report: Mr. Crowe reported that no additional comments had been received from Council Members pertaining to suggested articles for the proposed Newsletter. Council directed Mr. Crowe to proceed with the publication, Councilman Cheney voting "No." b) Time Extension, LANDS OF RICH, File #TM2049-76. As requested by the applicant, Council agreed to a thirty day time extension for the proposed tentative map in order that the applicant might complete the necessary soils and geological reports. E. SPECIAL ORDERS: 1. Requests for Tentative Map Approval: a) LANDS OF DUVAL, File #142049-76. Mr. Crowe noted that a letter had been received from the applicants in which they requested relief from the condition that Duval Way be brought up to 4W Town Standards as recommended by the Planning Commission. Mr. Paul Nowack, Engineer for the applicant, addressed Council stating that he felt that the only just solution to the road problems would be in the formation of an assessment district wherein all users of this private road would share equally in the costs of improving it to Town standards. Discussion ensued between Council Members, Planning Commission Representative Stewart, and Staff regarding the history of the property, Planning Commission recommendations, and procedures and alternatives to the formation of an assessment district for road improvements. Comments from the Floor were heard from Mr. Albert Jackson, Duval Way, and Mrs. Pat Neally, Duval Way, objecting to the formation of any such assessment district. It was pointed out that the owners of the property had been made aware of the road problems prior to the public hearings on this matter. Councilman Cheney moved, seconded by Councilwoman Hillestad, and unanimously carried by roll call vote to approve the tentative map, LANDS OF DUVAL, File #TM2049-76, subject to conditions as recommended by the Planning Commission. b) LANDS OF SISSON, File #TM2051-76. After discussion between Staff and Council Members regarding Condition #8 as recommended by the Planning Commission, Councilman Cheney moved, seconded by Councilman Proft, and unanimously carried by roll call vote to delete Condition 8 from the check list of conditions. 40 Because recommended Condition #8 dealt with a conditional exception, Mr. Dexter Ahlgren requested to know what affect this would have on the applicant in his request for tentative map approval. -5- CITY COUNCIL MINUTES - April 6, 1977 4W SPECIAL ORDERS (Cont'd): It was brought out during the subsequent discussion, that the house referred to had been built in 1951. City Attorney Frank Gillio pointed out that the structure then, existed prior to the Town's incorporation and was, therefore, an existing non -conforming use. Mr. Gillio recommended that a determination on this matter be made after further study. Councilwoman Hillestad moved, seconded by Councilman Proft, to approve the tentative map, LANDS OF SISSON, File #TM2051-76, subject to conditions as recommended by the Planning Commission and as amended by Council (above). Motion carried unanimously by roll call vote. c) COUNTRY WAY SUBDIVISION, File #TM2041-76. City Manager Robert Crowe stated that this item had previously been denied without prejudice because of Council concerns over the fault lines located through some of the proposed lots as it related to setback line requirements and the possible inability of these lots to handle normal amenities without variances being granted. He noted that the Planning Commission had reviewed the application on March 9th, and the recommended check list of conditions was before Council for consideration this evening. Mr. Don Bahl, applicant, stated that he had no further comments with the exception of noting the map submitted which showed that swimming pools and other amenities could exist on the lots in question without the need for a t variance in conjunction with a building site. � r Commissioner Stewart noted that the Town Geologist, Mr. William Cotton, had addressed the Planning Commission at their meeting when this map was considered, and the Commission had been satisfied with his statements addressing their concerns, the results of which were contained in the recommended list of conditions. Mr. Robert Stutz, Elena Road, addressed Council as a former member of the Pathway Committee, with regard to his request that Council consider a pathway along the easterly boundary of the property through the conservation easement as had previously been recommended by the Committee. He stated that he felt this easement should be in addition to those recommended by the Planning Commission in the check list of conditions. He presented a series of slides relating to the area in question. Comments from the Floor were heard from the following residents who expressed concern over the proposed intersection with Page Mill Road of Country Way, and the density of the subdivision as it related to the area: Mrs. Bonnie Davis, S. Fork Lane Mr. Peter Wallace, Via Ventana Mr. Larry Dawson, Mir Mirou Dr. Mr. Mike Kiernof, S. Fork Lane Mr. Wallace Stegner, S. Fork Lane Mrs. Diana Miller, Vista del Valle. Mr. Joe Jones, Via Ventana Cdr. Joseph Dochnal, Central Drive, and Mrs. E. Fiksdal, Magdalena Ave., also addressed Council in support of Mr. Stutz' request for pathway easements. Mrs. J. Carico, O'Keefe Lane, speaking as a private citizen, supported the pathway requests for the safety of the school children to keep them off Page Mill Road. M-2 CITY COUNCIL MINUTES - April 6, 1977 SPECIAL ORDERS (Cont'd): Country Way Subdivision (Cont'd) After further discussion between Council Members and Staff, Councilman Proft requested the City Attorney to review the conditions under which a tentative map could be denied under the State Subdivision Map Act. Mr. Gillio stated that Council should consider whether the proposed map complied with local Ordinances and applicable State laws, and outlined the conditions as requested by Councilman Proft. After a brief recess called by Council the meeting was again called to order and Councilman Proft moved to deny the proposed tentative map for COUNTRY WAY SUBDIVISION, File #2041-76, on the basis that the density of the proposed subdivision was not physically suited to the terrain of the area. The motion was seconded by Councilwoman Hillestad and carried by the following roll call vote: AYE: Council Members Hillestad, Proft, Mayor Brown NO: Councilman Cheney ABSENT: Councilman McReynolds ABSTAIN: None The above motion, with the consent of the Second, was amended to read that the tentative map was denied without prejudice. 4W d) WILD BARLEY SUBDIVISION, File #TM2046-76. City Manager Robert Crowe stated that the subject subdivision was located at IS280 and Hilltop Drive, and had been denied previously by Council because of their concern over the fault line as it traversed the proposed road. The map had subsequently been revised to minimize the impact of the fault, and had been resubmitted to the Planning Commission, whose recommendations with regard to the subdivision were before Council for consideration. Discussion was held between Council Members, Staff, Mr. Alan Lambert, applicant, and Mr. Tim Sandis, Engineer for the applicant. Questions addressed during discussion concerned runoff of water onto the property below, turn out for emergency vehicles, the width of Hilltop Lane and easements, as well as the pathway requirements for the property. Planning Commissioner Stewart and Mrs. E. Fiksdal, Chairman of the Pathway Committee addressed Council regarding the pathway requirements. Councilwoman Hillestad moved, seconded by Councilman Cheney to approve the tentative map, WILD BARLEY HILL SUBDIVISION, File #2046-76, subject to the conditions as recommended by the Planning Commission. Motion carried by the following roll call vote: AYE: Council Members Cheney, Hillestad,Mayor Brown NO: Councilman Proft [ ABSENT: Councilman McReynolds `. ABSTAIN: None -7- CITY COUNCIL MINUTES - April 6, 1977 F. GENERAL ORDERS AND UNFINISHED BUSINESS: 1. Appeal re underground utilities requirements of Municipal Code - BAUMGARTNER-MORGAN, File kTM2013-74. City Manager Robert Crowe stated that the owner of subject property was appealing the requirement for undergrounding utilities because he felt it a financial burden to be required to pay the costs of removing the existing power pole in the back of his property. He stated that the owner was willing to underground utilities from the existing pole to the building, but wished an exemption from the requirement to remove the existing pole. Discussion ensued between Council Members, Staff, and Mr. John Riley, Engineer for the applicant relative to costs, the wording of the Ordinance, and the costs opposed to the benefits derived. Because of the lateness of the hour, the applicant consented to holding this matter over until the next Council meeting, and the Mayor directed Staff to get together with the applicant and his representative in an effort to resolve this matter for the next Council meeting. G. NEW BUSINESS: None H. ADJOURNMENT: L Council adjourned at 11:30 P.M. to the next Council meeting on April 20, 1977. 4✓ Respectfully submitted, Norma J. Hislop City Clerk SE