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HomeMy WebLinkAbout05/04/1977L CITY COUNCIL '!r TOWN OF LOS ALTOS HILLS 26379 Fremont Road Los Altos Hills, California MINUTES OF A REGULAR MEETING Wednesday, May 4, 1977 cc: Reel 102, Side 1, Tr. 1 - 001-639 Mayor Keith Brown called the Regular Meeting of the City Council to order at 7:35 P.M. in the Council Chambers of Town Hall: A. ROLL CALL: Present: Council Members Cheney, Hillestad, McReynolds, Proft, Mayor Brown Staff: City Manager Robert Crowe, City Attorney Frank Gillio, City Engineer Alec Russell, Citv Planner John Markl, City Clerk Norma Hislop, Commissioner Michael Stewart for Planning Commission. Press: Palo Alto Times. B. CONSENT CALENDAR: L Mayor Brown noted that he had been advised by Staff that Item 4 b) had been 4✓ reinstated on the Consent Calendar at the request of the applicant. Councilman Proft requested the removal of Item 2 b), and Mr. J. Siudzinski, applicant, requested the removal of Item 3 for separate consideration. MOTION SECONDED AND CARRIED: Councilman Proft moved, seconded by Councilman Cheney and unanimously carried to approve the remaining items on the Consent Calendar, specifically: 1. Approval of Warrants: $22,913.24 2. a) Grant request for building site approval, LANDS OF POWELL, File #BSA6091-77, subject to conditions as recommended by the Variance & Permit Commission. 4. a) Motion to grant 60 day time extension of Temporary Conditional Use Permit, Rancho de los Caballos, File #CU8018-76. b) Motion to grant 30 day time extension for processing tentative map, Dickisnon-Thomas, File #TM2056-77. c) Motion to grant 60 day time extension for processing tentative map, LANDS OF RICH, File #TM2048-76. ITEMS REMOVED FROM CONSENT CALENDAR FOR SEPARATE CONSIDERATION: 2. b) Request for Building Site Approval, LANDS OF KNUDSON, File #BSA6092-77: Referencing the wording of Condition #5 of subject check list, Councilman CITY COUNCIL MINUTES - May 4, 1977 V ITEMS REMOVED FROM CONSENT CALENDAR (Cont'd): LANDS OF KNUDSON (Cont'd): Proft moved to delete the word "entry", substituting in its stead the words, "vehicular access from." Motion was seconded by Councilman Cheney and carried unanimously by roll call vote. Councilman Proft moved, seconded by Councilman Cheney, to grant the request for building site approval, LANDS OF KNUDSON, File #BSA6092-77, subjectto conditions as recommended by the Variance & Permit Commission and as amended by Council (above). Motion carried unanimously by roll call vote. 3. Request for Conditional Use Permit for Secondary Dwelling, LANDS OF Siudzinski, File #CU8013-76 (Renewal): Mr. Josef Siudzinski, applicant, addressed Council relative to Condition #3 as recommended by the Planning Commission, requesting that implementation of the condition be delayed until the couple who lived in the home were able to find adequate housing somewhere else. He expressed reluctance to evict the people by the deadline recommended by the Commission, August 15th, since they had lived in the house for seventeen years and because of the difficulty in finding low-cost housing. Council discussion ensued with Staff and Planning Commission Representative Michael Stewart regarding options which might be considered, such as changing 4W the date and the posting of a bond to insure compliance. Commissioner Stewart stated that the Commission vote had been 3-2 on this issue; that he had visited the property and that it did not appear that the neighborhood would be hurt if the couple were allowed to continue to live there several years longer', that there was more than three acres involved, but because of the slope density requirements, the lot was not further subdividable. After discussion, Councilman Cheney stated that he did not feel that it was his prerogative to allow such a non -conforming use regardless of his personal feelings. He felt that allowing such uses would erode away the zoning laws of the Town. Councilman Cheney moved, seconded by Councilwoman Hillestad, to approve the Conditional Use Permit, LANDS OF SIUDZINSKI, File #CU8013-77 subject to the conditions as recommended by the Planning Commission. Motion carried unanimously by roll call vote. C. SPECIAL REPORTS: None D. STAFF: REPORTS, CORRESPONDENCE & ANNOUNCEMENTS: None E. SPECIAL ORDERS: 1. Allocation of Revenue Sharing Funds: City Manager Robert Crowe reported that the public hearing had been held at the City Council Meeting of April 20th with regard to the consideration of allocating Revenue Sharing Funds for the installation of a fire sprinkler -2- CW CITY COUNCIL MINUTES - May 4, 1977 SPECIAL ORDERS (Cont d): Allocation of Revenue Sharing Funds (Cont'd): system for the Town -owned property of Westwind Barn. Because of Federal laws pertaining to such expenditures, it would now be in order for Council to act on this item. Councilwoman H111estad moved, seconded by Councilman Proft, to approve the Project Budget and allocate $7,200.00 of Revenue Sharing funds for the installation of a fire sprinkler system for Westwind Barn. Motion carried unanimously by roll call vote. 2. Request for Final Map Approval, Osterlund Enterprises, Inc, File # FM3034-77: In response to Councilman Proft's question regarding the status of the E. Barron Creek drainage improvements, Mr. Crowe stated that the residents concerned were satisfied with the revised plans; that the developer had agreed to post a bond to guarantee the drainage improvements; and that the City Engineer had met with representatives from the City of Palo Alto who had agreed with the revised concept of the drainage improvement plans. Councilman Cheney moved, seconded by Councilwoman Hillestad, to adopt Resolution #1029 approving Final Map, Tract #6035, and approving and authorizing execution of Subdivision Agreement between Town and C & I Development Company No. 4. Motion carried unanimously by roll call vote. Councilman Proft moved, seconded by Mayor Brown, that the Final Map, Osterlund Enterprises, Inc. File #FM3034-77, Tract #6035, not be transmitted to the County Recorder's office until after the receipt of a guarantee in the amount of $3,000.00 to insure the completion of drainage improvements. Motion carried unanimously by roll call vote. 3. Request for Final Parcel Map Approval, LANDS OF McDONALD, File #FM3031-77: Mr. Crowe stated that the City Engineer had found the Final Parcel Map on subject property to be in compliance with all laws, and that no subdivision agreement would be necessary. Councilman Proft moved,seconded by Councilman Cheney, to adopt Resolution #1030 approving Parcel Map and accepting public road dedication, LANDS OF McDonald, File #FM3031-77. Motion carried unanimously by roll call vote. 4. Request for Tentative Map Approval, LANDS OF ANDERSON, File #TM2052-77: In response to Council's questions, City Attorney Frank Gillio clarified the requirements for drainage and water runoff. Councilman Proft did not feel the density of the subdivision was suitable to the area and stated that he did not think that all alternatives for ingress and egress had been sufficiently explored. Council and Staff discussion concerned the Town's drainage improve- ment plans for the area in conjunction with the road overlay planned., and City Manager Robert Crowe explained that the subdivider would be required to force -3- CITY COUNCIL MINUTES - May 4, 1977 SPECIAL ORDERS (Cont'd): LANDS OF ANDERSON, Tentative Map #TM2052-72 (Cont'd): water runoff into a catch basin. Councilman Cheney moved, seconded by Councilwoman Hillestad, to approve the tentative map, Lands of Anderson, File #TM2052-72, 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: Councilmen McReynolds, Proft ABSENT: None ABSTAIN: None 5. Request for Conditional Use Permit for Nursery School, APRICOT TREE, File #CU8021-77: Mr. Crowe noted that this private school presently located in Los Altos, had applied for a Use Permit for the operation of a school at the corner of Fremont and Arastradero Roads. He stated that the Planning Commission had con- sidered this request and had recommended denial because of the location and the additional noise and traffic such use would engender. Commissioner Stewart also commented that the Commission had heard comments from neighbors in the (AW area, most of whom were not in favor of the application. Councilman McReynolds moved, seconded by Councilwoman Hillestad, to deny the request for a Conditional Use Permit for the operation of a Nursery School, Apricot Tree, File #CU8021-77, on the basis that it did not conform to the General Plan of the Town. Motion carried unanimously by roll call vote. F. GENERAL ORDERS & UNFINISHED BUSINESS: 1. Intergovernmental Council Appointments: Mayor Brown noted that the Santa Clara County Board of Supervisors had adopted County Ordinance #NS300.242 on April 5, 1977, which established the Inter- governmental Council. Because of the importance of this body, Council concensus was that the Mayor should serve as the Town's representative, with the Mayor Pro Tem serving as alternate represented. Staff was directed to so inform the Board. 2. Resolution regarding MTC/ABAG Phase IV Corridor Study: City Manager Robert Crowe stated that the Resolution before Council this evening would reaffirm the Town's position that existing General Plans of the cities and the County of Santa Clara should be used as the basis for developing the Santa Clara Valley Corridor Evaluation Study being conducted by the Metropolitan Transportation Commission in conjunction with the Association of Bay Area Governments. -4- CITY COUNCIL MINUTES - May 4, 1977 fW GENERAL ORDERS & UNFINISHED BUSINESS (Cont'd): Santa Clara Valley Corridor Evaluation Study (Cont'd): Councilman Cheney moved, seconded by Councilwoman Hillestad, to adopt Resolution #1031 reaffirming the Town's position with regard to the Santa Clara Valley Corridor Evaluation Study. Motion carried unanimously by roll call vote. G. NEW BUSINESS: 1. Councilman Proft: Councilman Proft expressed concern with regard to some of the tentative subdivision maps which had been considered by Council recently, in that lots were being created where homes were coming closer and closer together, which he did not feel was in keeping with the rural environment the Town was trying to maintain. He suggested that Council might wish the Planning Commission to study the remaining undeveloped lands within the Town to determine whether larger lots should be required for reasons of topography, geology and drainage. He made this in the form of a motion which was seconded by Councilman Cheney. Discussion ensued between Council Members concerning the time frame of such a report, and whether such a study should be handled by the Planning Commission or a professional consultant. Councilman Cheney stated that he had seconded to the motion on the basis that the Planning Commission would undertake this study; that if the Commission needed professional assistance, they could make this request to Council. Council felt the time frame for such a report should be within sixty (60) days. The question was called and Councilman Proft's motion to direct the Planning Commission to study the remaining undeveloped lands within the Town to determine whether larger lots should be required because of the topography, geology and drainage of these areas was unanimously approved by roll call vote. The time frame for forwarding a report and recommendations to Council was set for sixty days. 2. City Manager Mr. Crowe read a letter from Mr. Geo rge Pfeiffer, President of the Los Altos Hills Historical Society in which he invited Council Members, Staff, members of Commissions and Committees to attend a Founder's Meeting on Thursday, May 26, 1977 at 7:45 P.M. in the Council Chambers of Town Hall. Mr. Pfeiffer stated that many of the original founders of the Town had agreed to participate in discussions and reminisence of the early days of the Town's incorporation, among whom would be former Council Members, Planning Commission Members, City Attorney and Road Commissioners. He stated that this would be a historical evening which would be educational and enlightening to many residents who had moved here in more recent years. 4b, Mayor Brown stated that he hoped the local newspapers would give the event some publicity, and encouraged all Council Members who could to attend the evening's meeting. -5- no l' CITY COUNCIL MINUTES - May 4, 1977 NEW BUSINESS.(Cont'd): 3. City Attorney: Public Law 9466 Mr. Gillio informed Council that he had just received information from the National Institute of Municipal Law Officers concerning a new Federal law which would require municipalities to provide unemployment insurance for all their employees. He stated that the group (NIMLO) was preparing a suit on behalf of cities who wished to participate on the basis that this law was unconstitutional, and it was estimated that it would take approximately three years to litigate the matter and get a Supreme Court ruling. Discussion between Staff and Council Members concerned the financial reper- cussions of the law as they affected the city, the benefits of participating in such litigation, and Mr. Gillio advised that only those cities who opted to participate would be included in any injunction which might be obtained. It was also noted that the Town's share of such litigation would be $2,500. Councilman Proft moved, seconded by Councilwoman Hillestad, to approve the Agreement with the National Institute of Municipal Law Officers (NIMLO) with regard to the lawsuit pertaining to Public Law 9466, and to appropriate the sum of $2,500 from the unappropriated reserve (General Fund) for this purpose. Motion carried by the following roll call vote: AYE: Council Members Hillestad, NO: Councilman Cheney ABSENT: None ABSTAIN: None Open Space Acquisition McReynolds, Proft, Mayor Brown Mr. Gillio also reported on his investigation of the files on the option to purchase open space between the Town and Parkside Estates Limited. The provisions of the option allowed the Town to exercise the option within seven years, which the City Manager had done last year at the direction of Council. He further explained that the option further states that the option could not be exercised until the tentative map on the remaining property receives the approval of the Town. To date, no tentative map had been submitted; however, the six months had not yet expired, and no further action was required by the Town at this time. 4. Mayor Brown: In response to the Mayor's inquiry concerning a letter received by Council from Mr. Duncan Curry, a resident of the Town, Mr. Crowe stated that the matter contained therein had been taken care of by the Town. CITY COUNCIL MINUTES - May 4, 1977 NEW BUSINESS (Cont'd): �r 5. Councilwoman Hillestad: CSR Councilwoman Hillestad noted that she had not seen any recommendations or statements to the Planning Commission regarding historical or archaeological information on tentative maps being submitted for consideration recently. City Manager Robert Crowe stated that he had discussed this matter with Mr. George Pfeiffer, President of the Historical Society, and Mr. Pfeiffer had indicated that the only areas of consequence would be those lands which were adjacent to large creeks. H. ADJOURNMENT: There being no further business, Council adjourned the meeting at 9:49 P.M. to their next Regular Meeting on May 18, 1977. -7- Respectfully submitted, Norma J. Hislop City Clerk