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HomeMy WebLinkAbout06/15/1977.r - CITY COUNCIL TOWN OF LOS ALTOS HILLS 26379 Fremont Road Los Altos Hills, California MINUTES OF A REGULAR MEETING Wednesday, June 15, 1977 cc: Reel 103, Side 1, Tr. 1 - 001 -End; Side 2, Tr. 1 - 001-205 Mayor Keith Brown called the Regular Meeting of the City Council to order at 7:34 P.M. in the Council Chambers of Town Hall: A. ROLL CALL: Present: Council Members Hillestad, McReynolds, Proft, Mayor Brown Absent: Council Member Cheney Staff: City Manager Robert Crowe, City Attorney Frank Gillio, City Engineer Alec Russell, City Planner John Markt, Commissioner Stewart for the Planning Commission, Recording Secretary Susan Buttler Press: Palo Alto Times - Ms. Eleen Norman S.J. Mercury -News - Ms. Becky Lavaly 4 Los Altos Town Crier - Ms. Mary Vitakis B. CONSENT CALENDAR: City Manager Robert Crowe requested removal of Items 3 b and 4 a for separate consideration. MOTION SECONDED AND CARRIED: Councilwoman Hillestad moved, seconded by Councilman Proft and unanimously carried to approve the remaining items on the Consent Calendar, specifically: 1. Approval of Minutes: June 1, 1977 (Regular Meeting) 2. Approval of Warrants: $10,936.74. 3. Actions of Variance & Permit Commission: a) Building Site Approval - LANDS OF PLOUGH, BSA #6094-77. 4, b) Motion setting July 6, 1977 for hearing request for Tentative Map approval for LANDS OF TRAFICANTI, File TM #2055-77. c) Motion setting July 6, 1977 for hearing request for Tentative Map approval for LANDS OF RICH, File TM #2048-76. ITEMS REMOVED FROM CONSENT CALENDAR FOR SEPARATE CONSIDERATION: 3. b) Variance from setback lines for existing barn - ROLLING HILLS SUBDIVISION, VAR #7039-77. Discussion ensued between the applicant, Mr. Joe Seiger, the City Manager, the City Attorney and Mayor Brown with a final decision to continue this ♦"CITY COUNCIL MINUTES - June 15, 1977 ITEMS REMOVED FROM CONSENT CALENDAR (Continued): 3. b) Variance - ROLLING HILLS SUBDIVISION (Continued): matter to the July 6, 1977 City Council meeting, or until such time as the Tentative Map application is heard. 4. a) Motion setting July 6, 1977 for hearing request for Tentative Map approval for LANDS OF ROLLING HILLS SUBDIVISION, File TM #2057-77. Planning Commission Chairman Hahn and Commissioner Stewart provided clari- fication on the Commission's denial without prejudice of the above applica- tion. The City Manager outlined procedure for setting hearing request for appeal of such denial. Mr. Seiger, applicant, expressed a desire to waive appeal and re -submit new Tentative Map to the Planning Commission. C. SPECIAL REPORTS: 1. Reports of Standing Committees: None 2. Reports of Ad Hoc Committees: None 3. Presentations from the Floor: a) Request for financial support - Kids to Camp Program. No action could be taken on this request as no representative to deliver the presentation was present. 4, D. STAFF - REPORTS, CORRESPONDENCE & ANNOUNCEMENTS: 1. City Manager: a) Mr. Crowe introduced two letters from Paul Nowack and Associates asking for time extensions on Tentative Map applications for Lands of Gigli, File TM #2059-77, and Lands of Crist, File TM #2062-77. MOTION SECONDED AND CARRIED: Councilman McReynolds moved, seconded by Councilwoman Hillestad and carried by unanimous vote to grant these time extensions for sixty days. b) Resolution #1041 designating the enforcement agencies for solid waste management. The City Manager introduced a resolution not on the agenda, but neces- sary to meet the provisions of the Z'Berg-Kapiloff Solid Waste Control Act of 1976. The resolution designates the Santa Clara County Depart- ment of Public Works and Health Officer as the Enforcement Agency for health regulations for the Town. MOTION SECONDED AND CARRIED: It was moved by Councilman Proft, seconded by Councilwoman Hillestad and carried unanimously to approve Resolution #1041. c) Mr. Crowe then reported on the recreational vehicle complaint lodged at the previous Council meeting. Discussion followed on rights of property owners to use access across pathways, but not along. Council- woman Hillestad raised the question of original easement dedication. %W Mayor Brown requested the City Manager to research further and corres- pond with the party in question. -2- r rCITY COUNCIL MINUTES - June 15, 1977 L STAFF - REPORTS, CORRESPONDENCE & ANNOUNCEMENTS (Continued) 2. City Attorney: a) Mr. Gillio introduced Resolution #1040 authorizing conveyance of driveway easement to Miss Rosita Peltas. MOTION SECONDED AND CARRIED: Motion was moved by Councilwoman Hillestad and seconded y ounce man Proft that Council adopt this resolution for execution and delivery of the deed. Motion carried unanimously. FOLLOWING ITEMS SHOWN AS PER AGENDA E. SPECIAL ORDERS: 1. Ordinances for Adoption (Urgency Ordinance Effective Immediately) Ordinance # 235 amending Section 2-2.102 of Chapter 2, Title 2 of Municipal Code setting terms of office for Planning Commissioners. Discussion ensued between the City Manager and City Attorney regarding compliance with State laws and current legality of Planning Commissioners with the point made that urgency ordinance would remedy this situation. Mr. Larry Giller, Vinedo Lane, requested current terms of Planning Commissioners and Mr. Crowe offered that information. MOTION SECONDED AND CARRIED: It was moved by Councilman McReynolds and seconded y Councilman FroTt to waive further reading of Ordinance # 235 setting terms of office for Planning Commissioners and carried unanimously. 6V MOTION SECONDED AND CARRIED: It was then moved by Councilwoman Hillestad, seconded y Councilman McReynolds and passed unanimously to approve Ordinance # 235, setting terms of office for Planning Commissioners as Urgency Ordinance amending Section 2-2.102, Chapter 2, Title 2 of Municipal Code. 1 2. LANDS OF MIATHIASON, File CUP #8025-77 - Conditional Use Permit for Secondary Dwelling. Mr. John Germino, attorney for Mr. Mathiason, asked that Council reconsider this denial by the Planning Commission and supplied background information. Councilman McReynolds inquired about the six conditions placed on this CUP and Mr. Crowe responded that the only applicable conditon was Section 9-5.703 (k) of the Municipal Code, stating that no kitchen plumbing or kitchen facil- ities of any kind shall be installed in any secondary dwelling on a parcel that is not further subdividable. Discussion continued between Councilwoman Hillestad and Planning Commission representative Stewart regarding the denial. Mr. G111io then addressed the issue of paying versus non-paying guests for secondary dwellings and that the current proposed usage in this matter posed no legal problem. MOTION SECONDED AND CARRIED: Councilman McReynolds moved, seconded by Council- woman Hillestad and passe unanimously to approve Conditional Use Permit #8025-77, Lands of Mathiason, subject to the condition that no kitchen plumb- ing or facilities be allowed. -3- CITY COUNCIL MINUTES - June 15, 1977 SPECIAL ORDERS (Continued) G 3. LANDS OF UNGERMAN, BSA #6079-76 - Request for Building Site Approval A new Tentative Map, shaving access over Lands of Horton, was brought to the Council's attention by the City Manager. Mrs. Sue Ungerman, the appli- cant, addressed the Council with questions regarding conditions imposed by the Planning Commission and expressed the hope that this new map would solve access problems. Commentary followed between Council members, the City Attor- ney and Planning Commission Chairman Hahn about the necessity of submitting this new map through the Planning Commission. It was ascertained that the new access would solve the problem of heavy traffic on Chaparral Way and that the following amendments by Council would qualify this site for Building Site Approval. MOTION SECONDED AND CARRIED: First, moved by Councilman Proft and seconded y Councilwoman HilTestad to amend Condition 5 to read: that a fire hydrant shall be installed in accordance with Fire District's instructions. This motion passed unanimously. MOTION SECONDED AND CARRIED: It was moved by Councilman Proft, seconded by Councilwoman Hillestad ah carried unanimously that Condition 11 be added to Lands of Ungerman, stating that access to this site shall be from Altamont Road over Parcel #182.25-08. MOTION SECONDED AND CARRIED: The final motion by Councilman Proft and secon- ded y Councilwoman Hillestad was to delete Condition 7 from BSA #6079-76, Lands of Ungerman. The motion passed by unanimous vote. `v MOTION SECONDED AND CARRIED: It was then moved by Councilwoman Hillestad, seconded by Mayor Brown to approve BSA #6079-76, subject to the conditions recommended by the Variance and Permit Commission. The motion, as amended by Council, passed by the following roll call vote. AYE: Councilwoman Hillestad and Mayor Brown NO: Councilman Proft ABSTAIN: Councilman McReynolds - ABSENT: Councilman Cheney 4. LANDS OF ANGELL, VAR #7037-77 - Request for Variance from Setback Requirements for Pool The applicant, Mrs. Angell, and her attorney, Mr. Bob Macan, offered a slide presentation showing their proposed pool site and an alternate site that had been suggested. It was also established that neighborhood notification and approval had been obtained by the applicant. Discussion centered on the steepness of the pool site and the drop-off to the Chan's property, where the setback requirement was requested. Planning Commission representative Stewart provided clarification on the denial by the Permit and Variance Commission, and it was then determined that this decision be upheld by Council per Section 9-5.1107(b), Items 2 and 3 of the Municipal Code. MOTION SECONDED AND CARRIED: It was moved by Councilman McReynolds and secon- ded y Councilman rot to sustain denial without prejudice of Variance from setback requirements for pool, VAR #7037-77, Lands of Angell. 5. ADOBE CREEK COUNTRY CLUB, CUP #8004-74 - Conditional Use Permit Annual Review Mr. Len Gabrielson, Chairman of the Board of the Adobe Creek Country Club, made a presentation to the Council with regard to the Conditions required by CUP #8004-74. Mrs. J. Carico, O'Keefe Lane, asked what Conditions had been met and a time schedule for those remaining. Mr. Crowe stated, in summation of Mr. Gabrielson's remarks, that the plot plan would be forthcoming when -4- CITY COUNCIL MINUTES - June 15, 1977 SPECIAL ORDERS (Continued) Adobe Creek Country Club (Continued) the adjacent lands came in for subdivision, the landscaping was being held up by the drought, and the Fire and Health Department problems had been completed. The subject of access off Moody Road into the Country Club parking area, the danger pointed out, with the determination that this pro- blem would also have to be remedied. It was generally felt that much had been done recently with regard to noise and overcrowded functions at this facility and Mr. Gabrielson should be commended. Council requested a time schedule be submitted within thirty days concerning the Conditions as yet incomplete. 6. LANDS OF BERGER, TM #2058-77 - Request for Tentative Map Approval The City Manager introduced this item, giving pertinent data and information on the Conditions imposed by the Planning Commission. After discussion on pathways within this subdivision and drainage problems, it was felt that there was a nonconformance to the General Plan, which designated the zoning of this property as Open Space Preserve. Due to lack of time and so much yet to btre9olmed, it was decided to set a date, prior to next Council meeting, for F. GENERAL ORDERS & UNFINISHED BUSINESS: 1. Appointments to Planning Commission: As applicant interviews had not yet been held, it was decided to interview and appoint at an adjourned meeting, June 16, 1977, at 4:00 p.m. 2. Appointments to Standing Committees: a) Environmental Design Committee - MOTION SECONDED AND CARRIED: It was moved by Councilman McReynolds, seconded by Councilwoman Hillestad and passed unanimously to re -appoint Mrs. Gertrude Sherlock to the Environmental Design Committee. b) Noise Abatement Committee - MOTION SECONDED AND CARRIED: Councilman McReynolds moved, seconded by Council- woman Hi I lestacana passe unanimously to appoint Dr. Melvin F. Russi to the Noise Abatement Committee. c) Pathway Committee - MOTION SECONDED AND CARRIED: It was moved by Councilman McReynolds, seconded y oe c man and n passed unanimously to re -appoint Mrs. Mary Stutz to the Pathway Committee. MOTION SECONDED AND CARRIED: Councilwoman Hillestad moved, seconded by Council- man McReynolds and passed unanimously to re -appoint Mrs. Jean Struthers to the Pathway Committee. d) Public Works Committee - MOTION SECONDED AND CARRIED: It was moved by Councilwoman Hillestad, seconded y Councilman c eyno ds and passed unanimously to re -appoint Mr. William Pierce to the Public Works Committee, District 2. -5- 'CITY COUNCIL MINUTES - June 15, 1977 r GENERAL ORDERS & UNFINISHED BUSINESS (Continued) d) Public Works Committee (Continued) MOTION SECONDED AND CARRIED: Councilman McReynolds moved, seconded by Councilwoman Hillestad and passed unanimously to re -appoint Mr. William Downey to the Public Works Committee, District 3. MOTION SECONDED AND CARRIED: It was moved by Councilman Proft and secon- ded y ounc woman i estad to re -appoint Mr. Matt Boissevan to the Public Works Committee, District 4. Motion passed unanimously. e) Traffic and Public Safety - MOTION SECONDED AND CARRIED: It was moved by Councilwoman Hillestad, recon e y ounce man c eynolds and passed unanimously to re -appoint Mr. Donald Robles to the Traffic and Public Safety Committee. G. NEW BUSINESS: Councilwoman Hillestad: Councilwoman Hillestad raised a concern over the size and number of "For Sale" signs evident in the Town and what prohibitive measures could be taken. The City Manager and City Attorney brought to light a recent Court decision pre- venting the Town from acting in the matter of sign placement on private pro- perty. The only limits that could be placed were on size and there were no L such violations at this time. Councilman Proft: Councilman Proft questioned the traffic safety problem on Moody Road caused by large number of 'Sunday Joggers'. The City Manager acknowledged the limi- tations on the Sheriff's Department to enforce pedestrian activity within the Town. It was then decided to schedule work on pathways as soon as possible and, by so doing, provide the Sheriff's Department with stricter enforcement capabilities. H. ADJOURNMENT: Council adjourned at 11:45 p.m. to an Adjourned Meeting on Thursday, June 16, 1977, 2:00 p.m., for a Budget Study Session. Respectfully submitted, Susan Buttler Recording Secretary 1.2 e b) June 15, 1977 (Regular Meeting): Councilwoman Hillestad wished to clarify her question pertaining to signs which she had brought up under "New Business," page 6 of these Minutes. She stated that her concern had not been whether the Council could legally do something; rather, it was to see if the Los Altos Board of Realtors could be contacted with regard to changing their policy. k