HomeMy WebLinkAbout08/03/1977CITY COUNCIL
t, TOWN OF LOS ALTOS HILLS
26379 Fremont Road
Los Altos Hills, California
MINUTES OF A REGULAR MEETING
Wednesday, August 3, 1977
cc: Reel 104, Side 2, Tr. 1, 001 -End; Side 1, Tr. 2, 001-136
Mayor Keith Brown called the Regular Meeting of the City Council to order at 7:35 PM
in the Council Chambers of Town Hall:
A. ROLL CALL:
Present: Council Members Cheney, Hi IIestad, McReynolds (7:40 PM), Mayor Brown
Absent: Councilman Proft
Staff: City Manager Robert Crowe, City Attorney Frank Gillio, City Engineer
Alec Russell, Engineer/Planner John Markl, Commissioner Stewart for
Planning Commission, City Clerk Norma Hislop
Press: Palo Alto Times; Los Altos Town Crier
B. CONSENT CALENDAR:
At the request of City Clerk Norma Hislop, Item 1 was removed from the Consent
Calendar; Mayor Brown requested the removal of Item 3 a) for separate consideration.
ITEMS REMOVED FROM CONSENT CALENDAR FOR SEPARATE CONSIDERATION:
1. Approval of Minutes: July 20, 1977.
City Clerk Norma Hislop requested the correction of the name "Mr. Frank Gigli,
appearing in the 5th paragraph of page 6 of subject Minutes to "Mr. Ernest
Galeotti."
Mayor Brown also requested that the Minutes of July 20th reflect the names of
those persons selected by the City Council to serve on the Ad Hoc Task Force
to review the General Plan and Ordinances with William Spangle & Associates
be specified in the Minutes (para. 1, page 4). Members selected and approved
by Council were: Commissioners Lachenbruch, Perkins, Stewart, Council Members
Brown and McReynolds. Staff will provide assistance and comment as requested.
3. PINEWOOD SCHOOL, File #CU8014-76 - Annual Renewal of Conditional Use Permit:
Discussion regarding renewal of Conditional Use Permit for a private school at
the former site of the Fremont Hills School concerned pathway maintenance, traffic
control, and use of the school grounds by soccer teams on weekends as permitted
by the Palo Alto Unified School District. Mr. Riches, Los Altos, head of the
school, explained and clarified school ground uses and agreement reached by the
school and Soccer league in scheduling next year's games which would be more
agreeable to surrounding property owners.
CITY COUNCIL MINUTES - August 3, 1977
ITEMS REMOVED FROM CONSENT CALENDAR FOR SEPARATE CONSIDERATION (Cont'd):
` PINEWOOD SCHOOL - RENEWAL OF CONDITIONAL USE PERMIT (Cont'd):
After discussion, Councilman Cheney moved, seconded by Councilwoman Hillestad,
to renew the approval of the Conditional Use Permit for Pinewood School, File
#CU8014-76, with the deletions of Conditions 1, 2, 3, 5, and 6, on the basis
that said conditions have been accomplished. Motion carried by the following
roll call vote:
AYE: Council Members Cheney, Hillestad, McReynolds, Mayor Brown
NO: NONE
ABSENT: Councilman Proft
ABSTAIN: NONE
MOTION SECONDED AND CARRIED: Councilwoman Hillestad moved, seconded by Councilman
Cheney, and carried unanimously (Councilman Proft absent) to approve the balance
of the CONSENT CALENDAR, specifically:
1. Approval of Minutes: July 20, 1977, as amended by Council (above)
2. Approval of Warrants: $28,373.37.
3. Motions for Adoption:
b) Setting August 17, 1977 as date for hearing request for Tentative Map
approval, GERARD HOMES, File #TM2061-77.
c) Extending temporary Conditional Use Permit to August 24, 1977, ENGLISH
MEADOWS STABLES (formerly Rancho de los Caballos.)
4. Resolutions for Adoption:
a) Resolution #1049 setting time and place for public hearing on proposed
amendment to General Plan Diagram (re Lands of Berger, Fremont Road)
to Wednesday, August 17, 1977.
b) Resolution #1050 approving and authorizing the collection of charges
for abatement of fire hazards to be placed on the tax rolls for certain
properties (APNS#175-34-17, 18 & 20; #175-38-36.)
C. SPECIAL REPORTS:
1. Reports of Standing Committees: None
2. Reports of Ad Hoc Committees: None
3. Presentations from the Floor:
There were no Presentations from the Floor. However, Mayor Brown noted that
the Council had receiveda-communication from Mr. Jitze Couperus, President
C of the Horsemen's Association which he requested be read into the record:
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CITY COUNCIL MINUTES - August 3, 1977
L "Dear Council Members: Because no doubt the preponderance of your mail consists
of complaints or criticism, your perspective on the happenings in our town may
be distorted. We would like to help correct this with a note of thanks for the
cooperation, time and advice which we have received from you and the town staff.
"In particular, since I have been President of the Horsemen's Association, Bob
Crowe has been called upon many times by us for one reason or another. While
our requests and/or complaints could not always be satisfied, we have always
been met by a receptive ear. Where reasonable and possible our requests have
been fulfilled courteously and promptly.
"Specifically, we recently asked for help to move some sawdust from Westwind Barn
to the town ring in order to improve its footing. On very short notice, this was
achieved in time to accommodate a demonstration by a vaulting team.
"I suspect that the town manager's job is at times a thankless task. We would
like to take this opportunity to say thank you and redress the balance somewhat.
Sincerely, /s/ Jitze Couperus."
Mayor Brown also requested the record to show that the latest information from
the Assessor's office was dated the day prior to the Council meeting when the
Fiscal Year's budget was considered. He stated that he did not feel the City
Manager was remiss in his duties, since updated assessed valuation figures were
not available to the City Manager.
Councilman Cheney stated that he had information on good authority that the Town
did, in fact, have updated information at least two weeks prior to the consideration
of the budget, and thought the record should be kept clear that Council had been
furnished with misleading information for their approval, and new information did
not exonerate this situation.
Mayor Brown expressed his disagreement with Councilman Cheney, and both members
of Council agreed that the matter should be dropped until it might have some
bearing on a future Council action.
D. STAFF: REPORTS, CORRESPONDENCE & ANNOUNCEMENTS:
j. City Manager: Presentation of Plans and Specifications for E. Barron Creek
Drainage Improvements:
This matter was held over to the next Council meeting of August 17th by Council
direction, so that Council Members might have the opportunity of reviewing the
specifications before action was taken.
2. City Attorney: No Report.
E. SPECIAL ORDERS:
1. Public Hearings:
a) Report of Sewer Service charges proposed to be collected on 1977-78 tax
rolls for Palo Alto Sewer Basin.
`, City Manager Robert Crowe stated that this was an annual hearing prior to the
collection charges being forwarded to the tax collector for inclusion on the
tax rolls as noted on the Report.
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CITY COUNCIL MINUTES - August 3, 1977
[ SPECIAL ORDERS (Cont'd):
aw Report of Sewer Service Charges (Cont'd):
Mayor Brown declared the public hearing on subject report open at 8:01 PM. There
were no comments or protests from the Floor, and the City Clerk declared that no
written communications had been received with regard to the charges on the Report.
The public hearing was declared closed at 8:03 PM and returned to the Council
table for discussion.
In response to Commissioner Stewart's inquiry as to the difference in charges,
City Manager Robert Crowe stated that the County tax collector had failed to
charge certain properties on the tax rolls during last fiscal year's collection;
therefore certain properties would be required to pay for last year's charges in
addition to this years. Mayor Brown requested the City Manager to contact the
tax collector to insure that this explanation appeared on the tax bills of those
properties so affected. City Attorney Frank Gillio recommended that the last
sentence within the body of the Resolution be amended to read, at the end of
the sentence "for Fiscal Years 1976-77 and 1977-78." Council so agreed and
directed the change to be made to the Resolution prior to forwarding the report
to Santa Clara County.
Councilman McReynolds moved, seconded by Councilwoman Hillestad, to adopt
Resolution #1051 fixing the amount to be collected on 1977-78 Sewer Service
Charges for the Palo Alto Basin. Motion carried by the following roll call vote:
AYE: Council Members Cheney, Hillestad, McReynolds, Mayor Brown
NO: NONE
ABSENT: Councilman Proft
ABSTAIN: NONE
b) Consideration of Environmental Impact Statement and proposed amendment to
the text of LAH Municipal Code pertaining to Conditional Uses to allow for
Town Hall Administrative facility.
City Attorney Frank Gillio stated that Council should first consider the
Environmental Impact Statement which was before them regarding any adverse
impact such facility might have on the environment. If Council found that the
proposed amendment would have no significant affect on the environment, a
negative declaration could then be filed. Council could then proceed with the
introduction of the proposed Ordinance.
City Manager Robert Crowe summarized the Negative Impact Statement, noting that
the proposed amendment was to the Conditional Use section of the R -A zone. The
proposed change would affect no property within the Town. Conclusions drawn
from the statement were that there would be no significant changes to the
environment with regard to the application; therefore, Staff recommended that
Council adopt a negative declaration.
Mayor Brown declared the public hearing open at 8:17 PM.
In response to a question by Mr. Grover Cox, Conejo Court, Mr. Crowe responded
4 that the Assessor's block and Lot number would only be completed if any map
were being considered. Since this was only a text amendment to the Code, this
information was not required.
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CITY COUNCIL MINUTES - August 3, 1977
c SPECIAL ORDERS (Cont'd):
�✓ Environmental Impact Statement re Town Hall Administrative facility (Cont'd):
There were no further comments or protests from the floor, and the City Clerk
declared that no written protests or comments had been received with regard
to the Environmental Impact Statement. Mayor Brown closed the public hearing
at 8:19 PM and returned discussion to the Council table.
In response to Council's question, Mr. Crowe stated that the Planning Department
had completed the Negative Impact Statement.
Councilman McReynolds moved, seconded by Mayor Brown, to adopt a Negative
Declaration with regard to the proposed amendment to the text of the Los Altos
Hills Municipal Code pertaining to Conditional Uses.
Consideration of proposed Ordinance amending Mun icipol Code text under
DOnd1t10 l Uses to provide for Town HaTl�min'istrativ aci i—'TIty:=
At the request of the Council, the City Clerk read the text of the proposed
Ordinance in its' entirety. Mayor Brown declared the public hearing open at
8:26 PM. There were no comments, questions or objections from the Floor, and
the City Clerk stated that no written protests or comments had been received
on the matter. However, Councilman Cheney stated that he had received a letter
directed to the Mayor and City Council from Mr. and Mrs. Jack Valladao,
Esperanza Drive, stating that they did not wish to have any changes made to
the text of the zoning Ordinance. A copy of the letter was delivered to the
Clerk for the record. There being no further comments or protests, the public
hearing was declared closed at 8:26 PM, and discussion returned to the Council
table.
City Manager Robert Crowe explained that in 1973, when the zoning Ordinance had
been revised, the Town had attempted to make other governmental agencies comply
with the Town's zoning Ordinance. As a result, the Town failed to make pro-
visions for its own Administrative facility within the Residential zoning area.
Councilman McReynolds recalled that he had been Chairman of the Planning
Commission at that time, and the intent of the changes made had been to prevent
such agencies as the County or Federal government from violating the Town's
zoning Ordinance. Council discussion also included the Planning Commission's
findings and recommendations.
Councilman McReynolds moved, seconded by Mayor Brown to introduce Ordinance
#236 amending the text of the Municipal Code under "Conditional Uses" to allow
for Town Hall Administrative facility. (First Reading) Motion carried by
the following roll call vote:
AYE: Council Members Cheney, McReynolds, Mayor Brown
NO: Councilwoman Hillestad
ABSENT: Councilman Proft
ABSTAIN: NONE
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CITY COUNCIL MINUTES - August 3, 1977
SPECIAL ORDERS (Cont d):
�r 2. Consideration of acceptance of Environmental Impact Report, SADDLE
MOUNTAIN ESTATES, File #TM2060-77:
Mr. Tim Miller, Earth Metrics, presented the summary of information contained
in the addendum to the Environmental Impact Report on subject property with
regard to further noise readings and traffic counts, as well as the mitigating
measures which were recommended be taken to alleviate those problems. He
stated that, after studying those lots where berms were located and the quite
noticeable difference in the noise reduction as a result of these berms, he
would recommend that berms be installed on those properties facing the freeway.
After discussions pertaining to the disparity of lot numbers contained in the
EIR as opposed to those on the tentative map, the erosion potential of certain
lots as that pertained to the keeping of horses, and comments had been received
from Mrs. E. Fiksdahl, Chairman of the Pathway Committee, and Mr. Jack Chown,
adjacent property owner, the following action was taken:
Councilwoman Hillestad moved, seconded by Councilman Cheney, to adopt the
final Environmental Impact Report, SADDLE MOUNTAIN ESTATES, File #TM2060-77,
with addendum and the further recommendation for berms on all lots facing
IS280. Motion carried unanimously by roll call vote.
3. Request for Tentative Map Approval, SADDLE MOUNTAIN ESTATES, File #TM2060-77:
4W proposed
Manager Robert Crowe explained that subject property was a fifty acre
proposed subdivision located at Arastradero and Page Mill Roads and IS280. He
said the Planning Commission had recommended approval of the tentative map subject
to conditions.
City Engineer Alec Russell explained the requirements of Condition #.16, which
was an attempt to have a spillway for drainage purposes. Council discussed
the drainage channel and possible alternatives to a retention basin, as well
as the easement requirements for maintenance of the basin. Concerns of the
Council were for the grove of trees on the property, erosion problems, the
intersection of Stirrup Way at Arastradero and whether it would be adequate to
handle potential emergencies, mitigating measures for those properties most
directly affected by IS280, pathways recommended, and the driveway configuration
of Lot 23. Participating in the discussion with Staff and Council Members was
Mr. John Clegg, Engineer for the applicant. Mr. John Chown, adjacent property
owner, Mrs. Handley, Page Mill Road, Mr. Jitze Couperus, Page Mill Road, and
Mr. Peter Wallace addressed Council expressing their concern over erosion
problems which might occur in steeper areas if horses were allowed, drainage
problems, and the aesthetics of the subdivision design.
Councilman McReynolds expressed his feeling that many of the problems regarding
the subdivision might be alleviated with the elimination of three or four lots,
and suggested the possibility of referring the matter back to the Planning
Commission. Councilman Cheney did not feel that a better subdivision would
result from such an action; that the Commission and Staff had already reviewed
the matter and he was prepared to accept their recommendations. After discussion
the following actions were taken:
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CITY COUNCIL MINUTES - August 3, 1977
t SPECIAL ORDERS (Cont'd):
~ SADDLE MOUNTAIN ESTATES TENTATIVE MAP (Cont'd):
Council con ensus was to change the wording of condition #15 to read,
"A retention basin shall be constructed by the subdivider and maintained
by the Town.
Councilman Cheney moved, seconded by Councilwoman Hillestad, to amend
Condition #15 (a) to read, "Access to the retention basin shall be by an
easement for ingress and egress in a form and location to the satisfaction
of the Town." Motion carried by the following roll call vote:
AYE: Council Members Cheney, Hillestad, McReynolds, Mayor Brown
NO: NONE
ABSENT: Councilman Proft
ABSTAIN: NONE
Councilman Cheney moved, seconded by Mayor Brown, to add an additional
condition to those recommended by the Planning Commission as follows:
"The covenants, conditions and restrictions shall include the prohibition
that the thirty-six inch (36") Oak tree on Lot 19 may not be removed unless
it becomes a threat to the health and safety of the residents in the area."
Motion carried unanimously by roll call vote (Councilman Proft absent).
Councilman Cheney moved, seconded by Councilman McReynolds, to delete
Condition #12 from the recommended conditions. Motion carried by the following
roll call vote:
AYE: Council Members Cheney, Hillestad, McReynolds
NO: Mayor Brown
ABSENT: Councilman Proft
ABSTAIN: NONE
Councilman McReynolds moved, seconded by Councilwoman Hillestad, to refer the
tentative map of SADDLE MOUNTAIN ESTATES, File #2060-77 back to the Planning
Commission with the consent of the applicant, with the recommendations that
the Commission consider the following: a map with three or four fewer lots;
eliminate the steep driveway configuration of Lot 23; realign the pathway
to avoid the steep areas (in excess of 20% slope); a design of the intersection
of Stirrup Way at Arastradero Road be submitted reflecting the adequacy of
Stirrup Way in handling potential emergencies; noise mitigation problems should
be shown on the tentative map demonstrating where berms may be located; lots
not for horse use should be reflected on the tentative map; and the type of
retention basin proposed should be specified. Motion carried by the following
roll call vote:
AYE: Council Members Hillestad, McReynolds, Mayor Brown
NO: Councilman Cheney
ABSENT: Councilman Proft
ABSTAIN: NONE
Mr. Ed Armes, Applicant, consented to the action of Council in referring the
tentative map back to the Planning Commission.
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CITY COUNCIL MINUTES - August 3, 1977
fSPECIAL ORDERS (Cont'd):
4. Request for Tentative Map Approval, LANDS OF DICKINSON, File #TM2056-77:
Mr. John Riley, Engineer for the applicant, responded to Council's questions
with regard to the overlapping circles reflected on the tentative map on
subject property, as well as concerns raised regarding the drainage in the
area. Councilman McReynolds did not think that the Town had any right to
impose the condition recommended by the Commission as 6 (b) because it inter-
jected the Town into a private agreement. After discussion, the following
actions were taken:
Councilwoman Hillestad moved, seconded by Councilman Cheney, to delete Condition
6 (b) from the recommended check list of conditions for LANDS OF DICKINSON,
File #TM2056-77. Motion carried unanimously by roll call vote (Councilman
Proft absent).
Councilman Cheney moved, seconded by Councilwoman Hillestad, to approve the
tentative map, LANDS OF DICKINSON, File #TM2056-77, subject to the conditions
as recommended by the Planning Commission and as amended by Council (above).
Motion carried unanimously by roll call vote (Councilman Proft absent).
5. Request for Tentative Map Approval, LANDS OF LAND RESOURCES, File #TM2054-77:
Planning Commission representative Michael Stewart noted that the Commission
had recommended approval of subject tentative map with conditions, and called
attention to the fact that the Commission felt very strongly that the existence
of a creek on one of the lots did not constitute a reason for the property owner
to apply for a variance in the future.
Mr. Paul Nowack, Engineer for the applicant, was present to answer any questions
Council might have concerning the map before them for consideration. After
discussion, Councilman Cheney moved, seconded by Councilwoman Hillestad, to
approve the tentative map, LANDS OF LAND RESOURCES, File #TM2054-77, subject
to the conditions as recommended by the Planning Commission. Motion carried
unanimously by roll call vote (Councilman Proft absent).
Councilman McReynolds moved, seconded by Councilwoman Hillestad, to declare LANDS
OF DICKINSON, File #TM2056-77, and LANDS OF LAND RESOURCES, File #TM2054-77, as
categorically exempt from the requirements of the California Environmental Quality
Act (CEQA). Motion carried unanimously by roll call vote (Councilman Proft absent).
F. GENERAL ORDERS AND UNFINISHED BUSINESS:
1. Request for abandonment of public utility easements, Lot 7, 7ract#5762
(Cooley Subdivision) - Mr. Frank Saul:
Mr. Crowe noted that if Council wished to continue the discussion and act on
this matter this evening, the proper procedure would be to direct the City
Attorney to prepare the proper Resolution and Notice of Public Hearing.
It was the concensus of Council to continue this matter to their next Regular
46, Meeting so that the proper papers could be prepared and to allow further time
for the City Engineer to study the matter.
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CITY COUNCIL MINUTES - August 3, 1977
GENERAL ORDERS (Cont'd):
2. Committee Appointment:
Council concensus was to hold the committee appointment for the Traffic
and Public Safety Committee over to the next Regular Meeting.
G. NEW BUSINESS:
1. Adobe Creek Country Club:
In response to Council's inquiry, Mr. Crowe stated that he had not reported
on the status of Adobe Creek Country Club because he had been unable to
get the opinion of City Attorney Frank Gillio since he was on vacation. Council
requested that a report be made at their next Regular Meeting.
H. ADJOURNMENT:
Council adjourned at 11:15 PM to their next Regular Meeting on August 17, 1977.
Respectfully submitted,
Norma J. Hislop
City Clerk
ME