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HomeMy WebLinkAbout09/07/1977CITY COUNCIL 4 TOWN OF LOS ALTOS HILLS 26379 Fremont Road Los Altos Hills, California MINUTES OF A REGULAR MEETING Wednesday, September 7, 1977 cc: Reel 105, Side I, Tr. I, 001 -End, Side 2, Tr.1001-670 Mayor Keith Brown called the Regular Meeting of the City Council to order at 7:31 PM In the Council Chambers of Town Hall. A. ROLL CALL $ PLEDGE OF ALLEGIANCE: Present: Mayor Brown and Councilmembers Cheney, Hillestad, Proft and McReynolds Absent: None Staff: City Manager Robert Crowe, City Attorney Frank Gilllo, City Engineer Alexander Russell, Engineer/Planner John Markt, Commissioner Perkins for the Planning Commission, Deputy City Clerk Susan Buttler Press: Michele Jurich, Los Altos Town Crier B. CONSENT CALENDAR: At the request of Councilman McReynolds, Items 4 b> and c) and, at the request of Councilman Proft Item 4 a) were removed from the Consent Calendar for separate consideration. MOTION SECONDED AND CARRIED: Moved by Councilman Proft, seconded by Councilman Cheney and carried unanimously to approve the balance of the Consent Calendar, specifically: 1. Approval of Minutes: August 17, 1977 and August 20, 1977. 2. Approval of Warrants: $22,933.04. 3. Motions for Adoption: a) LANDS OF HUTCHINS, File TM #2053-77, Time Extension to 10/12/77. b) LANDS OF FEISTEL, File TM #2063-77, Time Extension to 9/28/77. 5. Resolutions for Adoption: a) Resolution #1063 setting October 5, 1977 as public hearing date to abandon certain easement, Lot 7, Tract 5762. b) Resolution #1064 setting September 21, 1977 as public hearing date to consider a proposed amendment to the Zoning Map. c) Resolution #1065 amending Resolution #704, setting forth objectives, criteria and procedures required by CEQA. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE CONSIDERATION: 4. Actions of the Variance 8 Permit Comm isslon: CITY COUNCIL MINUTES - September 7, 1977 B. ITEMS REMOVED FROM CONSENT CALENDAR (Continued) `, a) LANDS OF JENKINS, File BSA #6095-77. Questions among Councilmembers centered on the location of the dralnfleld above the house, flooding problems Inherent with the property location, the Planning Commission recommendation on the deletion of a thirty foot (301) right-of-way easement and the conflict with the Open Space Conservation designation In the General Plan. Later In the meeting, after much discussion, the City Attorney resolved the legal Issue of the dralnfleld location In violation of Ordinance #232, Commissioner Perkins and the City Engineer supplied clarification on the 30 foot easement deletion and explained that this road would not be subject to future development. Roland Von Huene, Applicant, agreed with the City Attorney's decision that, as this was a legal lot of record before the incorporation of the Town, application of Ordinance #232 requirement for drainfleld location below dwellings was not necessary. In his position as geologist, he had conducted tests which he felt resolved the questions of the twenty foot (20') dwelling setback from the creek, flooding In the area (even during heavy rainfall periods) and soils stability. Discussion followed on the low density requirements of Open Space Conservation areas and compliance of this Building Site, and the granting of Condition 9 (Conditional Exception) to solve the dralnfield location problem. MOTION SECONDED AND CARRIED: It was moved by Councilman Cheney, seconded by Councilwoman Hlllestad and carried by the following roll call vote to approve Lands of Jenkins, File BSA #6095-77 subject to conditions as recommended by the Planning Commission, thereby granting a Conditional Exception as requested. AYE: Councllmembers Cheney, Hillestad and McReynolds. NO: Mayor Brown. ABSTAIN: Councilmember Proft. ABSENT: None. b) LANDS OF BERTRAM, File BSA #6097-77. It was determined that due to lack of future development in the Central Drive area, deletion of the thirty foot (301) right-of-way easement could also be included In this Building Site Approval. MOTION SECONDED AND CARRIED: It was moved by Councilman McReynolds, seconded by Councilman Proft and passed unanimously to remove Condition 10. MOTION SECONDED AND CARRIED: Thereafter moved by Councilman McReynolds, seconded by Councilwoman Hlllestad and carried unanimously to approve Lands of Bertram, File BSA #6097-77 subject to conditions as recommended by the Planning Commission and as amended above. c) LANDS OF BERTRAM, File VAR #7041-77. MOTION SECONDED AND CARRIED: Moved by Councilman McReynolds, seconded by Council- man Proft and passed unanimously to approve Lands of Bertram, File VAR #7041-77 subject to conditions as recommended by the Planning Commission. C. SPECIAL REPORTS: ` I. Reports of Standing Committees: None V 2. Reports of Ad Hoc Committees: None 3. Presentations from the Floor: None -2- CITY COUNCIL MINUTES - September 7, 1977 D. STAFF - REPORTS, CORRESPONDENCE & ANNOUNCEMENTS: `,, I. City Manager: a) Records Management System. Mayor Brown and Councilman Cheney raised questions on lack of similarity between the proposals before them and consensus among Councllmembers was to return this Item to Staff for further study. b) 1977 Street Overlay Program. Concerns centered around the roads scheduled and others in need of re -surfacing, the allocation of work presently being accomplished and the need for close scrutiny to avoid dis-satisfaction with work as experienced in the past. Mrs. E. Fiksdal, Pathway Committee Chairman, expressed Committee feelings on the creation of cliff shoulders during street overlay work and the dangers encountered by pedestrians and equestrians. The City Manager supplied Information on the work currently in progress, the money savings resultant from this and the use of the crew for leveling and plugging, and on problems necessitated during the course of work being performed. MOTION SECONDED AND CARRIED: Moved by Councilman Proft, seconded by Councilwoman Hillestad and passed by the following roll call vote to approve Resolution #1066 ordering the performance of certain work, 1977 Street Overlay Program, and setting September 23, 1977 as the date for acceptance of bids. AYE: Mayor Brown, Councllmembers Cheney, Hillestad and Proft. NO: None. ABSTAIN: None. ABSENT: Councilmember McReynolds*. E. SPECIAL ORDERS: Public Hearings: a) Request for Tentative Map Approval, LANDS OF GERARD HOMES, File TM #2061-77. The City Manager re -introduced this Item continued from the last Council meeting and the revised map and conditions were examined by Councilmembers. Councilman Proft questioned access to the existing pathway. Mrs. E. Flksdal, Pathway Committee Chairman, agreed with the City Manager's deter- mination that this pathway did not have a legal beginning or end, however, the Committee wished this area be set aside now for future usage. MOTION SECONDED AND CARRIED: Moved by Councilman Proft, seconded by Councilman Cheney and carried unan mously to add a sentence to Condition II: The existing pavement down to the bridge on Lot 9 shall be removed and planting be done to meet the approval of the City Engineer. MOTION SECONDED AND CARRIED: It was moved by Councilman Cheney, seconded by Councilwoman Hillestad and passed unanimously to approve Lands of Gerard Homes, File TM #2061-77 subject to conditions as recommended by the Planning Commission and as amended above, with a Note: The property labeled "Not a part of this sub- division" on the Tentative Map shall be deeded to the Town. It was moved by Councilman Cheney and seconded by Councilwoman Hillestad that a `,- Notice of Negative Declaration be filed for Lands of Gerard Homes, File TM #2061- 77. Motion passed unanimously by roll call vote. -3- CITY COUNCIL MINUTES - September 7, 1977 E. SPECIAL ORDERS: (Continued) I. b) Request for Tentative Map Approval, LANDS OF HAWLEY, File TM #2064-77. Mr. Crowe referenced the Staff Report and map before Council and Mayor Brown questioned the easement designated for pedestrian purposes only. Commissioner Perkins outlined the dangers felt to be present for equestrian use and the Planning Commission Intention to set aside this area for future purposes. Thereafter, he addressed Councilman McReynolds' question as to 17 lots on a private road, stating that Condition 10 was Inserted to prompt Council and City Attorney action on this matter. Martin Klughaupt, Quail Lane, expressed neighboring concern that one of the lots In question was to be used for recreational, i.e., tennis center, purposes. The City Manager responded that, without a Conditional Use Permit, such use would be In violation of our zoning. Councilman McReynolds voiced his objections to the granting of a Conditional Exception and, after much discussion, the City Attorney stated that this issue be resolved by Council vote. MOTION SECONDED AND CARRIED: It was then moved by Councilman Cheney, seconded by Councilwoman Hillestad and passed by the following roll call vote to approve Lands of Hawley, File TM #2064-77 subject to conditions as recommended by the Planning Commission and with a new Condition 10 as follows: A Conditional Exception to Section 9-4.712, Ordinance No. 232, Is granted on the grounds that Wildflower Drive Is adequate to serve the property and providing that owners of Lots 1-5 shall participate In a Maintenance Agreement for Wildflower Drive and the future Mainte- nance Agreement for Wildflower Way. AYE: Mayor Brown, Councilmembers Cheney, Hillestad and Proft. NO: Councilmember McReynolds. ABSTAIN: None. ABSENT: None. Moved by Councilman Cheney and seconded by Councilman Proft that a Notice of Nega- tive Declaration be filed for Lands of Hawley, File TM #2064-77. Motion passed unanimously by roll call vote. c) Request for Conditional Use Permit Approval, LANDS OF ENGLISH MEADOWS, File CU #8024-77. Discussion ensued on the inconsistencies between this application and existing Use Permits with Staff referral made to the upgrading accomplished at this facility by the applicant and the large land area involved. MOTION SECONDED AND CARRIED: It was moved by Councilman McReynolds, seconded by Councilwoman Hillestad and carried unanimously to add the following sentence to Condition 10: These shows shall be conducted only on weekends or holidays and during the hours of 10:00 A.M. till 4:00 P.M.. MOTION SECONDED AND CARRIED: Moved by Councilwoman Hillestad, seconded by Mayor Brown and passed unanimously to amend the first sentence of Condition II: The existing public address system shall only be used during horse show hours and in such a manner as to not be a nuisance to adjacent property owners. MOTION SECONDED AND CARRIED: It was moved by Mayor Brown, seconded by Councilman Proft and carried unan mously to add the following sentence to Condition 14: This Conditional Use Permit shall be reviewed annually by Staff, Planning Commission 44W and City Council, and shall be subject to any further conditions or amendments as may be deemed necessary by the City Council. Ise CITY COUNCIL MINUTES - September 7, 1977 E. SPECIAL ORDERS: (Continued) I. c) Lands of English Meadows (Continued) MOTION SECONDED AND CARRIED: Thereafter, moved by Councilman Proft, seconded by Councllman McReynolds and passed unanimously to approve Lands of English Meadows, File CU #8024-77 subject to conditions as recommended by the Planning Commission and as amended above. d) Request for Tentative Map Approval, LANDS OF SADDLE MOUNTAIN ESTATES, File TM #2060-77. As this Item had been returned to the Planning Commission, Councilmembers were requested to check all aspects of the map and Checklist before them for compliance. John Cle , E Ineee, r for the Applicant, detailed on the transparency all the changes that had been madspec,f Ically, the deletion of two lots, the lot line change to accommodate the 36" Oak tree, the widening of certain lots and the separation of pedestrian and equestrian pathways. Ramona Chown, Moon Lane, expressed concern over horses being allowed on certain lots with regard to erosion problems and hoped that a catch basin would be installed to alleviate drainage hazards. She also offered a suggestion that perhaps Lots 26 and 27 could be divided vertically rather than horizontally as proposed. Discussion followed on building site locations on very steep lots, a gate barricade on Moon Lane and type of catch basin and responsibility of cleaning It. Ernest Oaleottl, Page Mill Road, told of his experiences In riding horses on the proposed path and offered his agreement with the Engineer that It was not too steep for equestrian purposes. He also stated that the horse caused erosion problem had been given more emphasis than would, in fact, happen. Mrs. E. Fiksdal, Pathway Committee Chairman, expressed Committee pathway approval for the current proposal and was in favor of the separation of pedestrian and equestrian pathways. Bill Wilson, Moon Lane, referenced his letter before Council regarding the gate barricade to Moon Lane and thought that overall this last subdivision proposal looked good. Councilmembers questions to the Engineer focused on the horse problems on certain lots, the methods possible for restricting horses, the Arastradero/Stirrup Way Intersection and the retention basin and size of pipe for flood control. It was hoped that, by reworking certain conditions, many of these problems could be solved. MOTION SECONDED AND CARRIED: Moved by Councilman Proft, seconded by Councilwoman Hillestad and carried unanimously to amend the second sentence of Condition 12: The design shall be brought to the Commission for their review and to the City Council for their approval prior to the filing of the Final Map. MOTION SECONDED AND CARRIED: It was moved by Councilman Proft, seconded by Council- man McReynolds and passed unanimously to amend the second sentence of Condition 13-d: Paths within the roadways rights-of-way shall be separated from the paved road. MOTION SECONDED AND CARRIED: Moved by Councilman McReynolds, seconded by Council- woman Hillestad and carried unanimously to add as Condition 13-e: A connecting IlIiiw pathway easement shall be provided for Lots II -13. -5- N CITY COUNCIL MINUTES - September 7, 1977 E. SPECIAL ORDERS: (Continued) I. d) LANDS OF SADDLE MOUNTAIN ESTATES (Continued) MOTION SECONDED AND CARRIED: It was moved by Councilman Proft, seconded by Council- woman H I estad and passed unanimously to amend Condition 17: The designated park and recreational area shall be dedicated to the Town and shall not be used except as specified by the General Plan until such time as the General Plan Is amended. MOTION SECONDED AND CARRIED: Moved by Councilman McReynolds, seconded by Council- woman Hillestad and carried unanimously to amend Condition 19: Horses shall be allowed on Lots 4, 5, 6, 7, 9, 10, 11, 12, 13, 15, 16, 21, 22, 23, 24 and 25. Horses are prohibited on Lots I, 2, 3, 8, 14, 17, 18, 19, 20 and 26. MOTION SECONDED AND CARRIED: It was moved by Councilman McReynolds, seconded by Councilwoman Hillestad and passed unanimously to amend Condition 20: On lots where horses are allowed, the maximum shall be two (2) hoofed animals. MOTION SECONDED AND FAILED: Moved by Councilman Cheney, seconded by Councilwoman Hillestad and failed by the following roll call vote to approve the Lands of Saddle Mountain Estates, File TM #2060-77 subject to conditions as recommended by the Planning Commission and as amended above. AYE: Councilmembers Cheney and Hillestad. NO: Mayor Brown, Councilmembers Proft and McReynolds. ABSTAIN: None. ABSENT: None. MOTION SECONDED AND CARRIED: It was then moved by Councilman McReynolds, seconded by Councilman Proft and carried unanimously to amend Condition 21: A lot line adjustment shall be made to create one (1) lot from Lots 26 and 27 with maximum area as allowed by slope density requirements. Minor adjustments to Saddle Court may be made as deemed necessary. MOTION SECONDED AND CARRIED: It was moved by Councilman McReynolds, seconded by Councilman Cheney and passed unanimously to approve the Lands of Saddle Mountain Estates, File TM #2060-77 subject to conditions as recommended by the Planning Commission and as amended above. F. NEW BUSINESS: I. Request for support of Initiative Constitutional Amendment prohibiting public employee strikes. MOTION SECONDED AND CARRIED: Moved by Councilwoman Hillestad, seconded by Council- man Cheney and passed by the following roll call vote to write a letter in support of this Initiative. AYE: Mayor Brown, Councilmembers Cheney and Hillestad. NO: Council member Proft. ABSTAIN: None. ABSENT: Councilmember McReynolds.* Thereafter, the Mayor requested that a "Sharp Curves" sign be placed on Elena between Natoma and Purlssima. G. ADJOURNMENT: There being no further New Business to discuss, Litigation Session at 1:00 A.M. Att .i tew appeal as Za ted on .the Agenda. •Coungapnn McReynotde Ce6t the meetcng at appnoxhnateCy 12:30. N the Council adjourned to Executive Respectfully submitted, Susan Buttler Deputy City Clerk