Loading...
HomeMy WebLinkAbout10/19/1977CITY COUNCIL TOWN OF LOS ALTOS HILLS 26379 Fremont Road Los Altos Hills, California MINUTES OF A REGULAR MEETING Wednesday, October 19, 1977 cc: Reel 105, Side 2, Tr. 2, 041 -End Reel 106, Side I, Tr. I, 001-210 Mayor Keith Brown called the Regular Meeting of the City Council to order at 7:32 PM In the Council Chambers of Town Hall. A. ROLL CALL 8 PLEDGE OF ALLEGIANCE: Present: Mayor Keith Brown, Councilmembers Cheney, Hillestad and McReynolds. Councllmember Proft arrived at 10:12 PM. Absent: None Staff: City Manager Robert Crowe, City Attorney Frank Gillio, City Engineer Alexander Russell, Engineer/Planner John Markl, Commissioner Lachenbruch for the Planning Commission, Deputy City Clerk Susan Buttler Press: Heidi Meeker, Los Altos Town Crier 3. CONSENT CALENDAR: Mrs. Sobel, Christopher's Lane, requested the removal of Items I and 2, Minutes and Warrants. She questioned the granting of an open end contract for street overlay work at the last meeting and an expenditure for street repairs. It was then determined that, In fact, an open contract had not been awarded at the previous meeting and more Information would be forthcoming later In this meeting regarding the street overlay project. Explanation was atso provided on the expenditure for repairs on Elena. Councilwoman Hillestad was then given clarification on the advance/refund procedure followed In the Warrants. MOTION SECONDED AND CARRIED: Then moved by Councilwoman Hillestad, seconded by Counc [man Cheney and carried unanimously to approve the Consent Calendar, specifically: I. Approval of Minutes: October 5, 1977. 2. Approval of Warrants: $16,305.56. 3. Motions for Adoption: a) LANDS OF HORTON, File TM #2066-77, Granting Time Extension to 11/23/77 for Planning Commission consideration. b) LANDS OF CRIST, File TM #2062-77, Granting Time Extension to 11/23/77 for Planning Commission consideration. 4. Actions of the Variance 8 Permit Commisslon: a) LANDS OF MAREK, VAR #7045-77, Approved Variance subject to conditions as recommended by Variance & Permit Commission. C. SPECIAL REPORTS: ( I. Reports of Standing Committees: None `, 2. Reports of Ad Hoc Committees: None 4W CITY COUNCIL MINUTES - October 19, 1977 C. SPECIAL REPORTS: (Continued) 3. Presentations from the Floor: Mrs.Pering, Via Ventana, asked to speak regarding the problems caused by the use of Town pathways for Ingress and egress by a neighbor's motor vehicle. A post had been Installed by the City Manager, however, It was subsequently cut down to provide for this illegal access. She felt the suggestion of a ramp by the Town was condoning this type of improper activity. Discussion followed regarding the necessity of a witness before the Town could Initiate prosecution proceedings, allegations versus facts in this matter, hazards to pathway users caused by Installing a vehicle proof barrier, possible abandon- ment of this path easement and legal restrictions that could be placed on the parking of vehicles within the setback area. MOTION SECONDED AND CARRIED: Moved by Councilman McReynolds, seconded by Councilman Cheney and carried by the following roll call vote to: Request the Planning Commission to look Into the possibility of revising the current Ordinance to prohibit motor vehicles, boats, trailers, etc., from parking more than 48 hours within the setback areas. AYE: Mayor Brown, Councilmembers McReynolds and Cheney NO: Councilmember Hillestad ABSTAIN: None ABSENT: Councilmember Proft Thereafter, the City Attorney was asked to start prosecution proceedings on the one violation, Improper use of the pathway for Ingress, that was witnessed by Mrs. Pering. Mrs. Wood,Stonebrook Drive, requested a letter from the Council granting approval for her with the Auditor, George Eschelman, In order to check the accuracy of certain figures. Following questions as to the purpose of this investigation, Council directed Mrs. Wood submit a formal letter of request with details. D. STAFF - REPORTS, CORRESPONDENCE 8 ANNOUNCEMENTS: I. City Manager: a) Signal Change - EI Monte and Voorhees. Mr. Crowe reported on his meetings with CALTRANS-officials and representatives of Signal Maintenance Corp. CALTRANS plans to install a yield sign coming off I.S. 280 and final determination had not yet been made on relocating the cross- walk and signal. He detailed costs on these Items and on remodeling of the existing signals. Questions centered on the crossing guard situation, with concensus being to direct the City Manager to authorize Fanfold 8 Associates to designate a crossing guard and to return with a report detailing costs. b) Additional Streets - 1977 Street Overlay Program. As directed at the previous meeting, the City Manager had consulted with the Public Works Committee regarding additional streets to be added to the 1977 Contract with Raisch Construction, arriving at: Byrd Lane, O'Keefe Avenue, Summitwood Road, Tape Way and a portion of Magdalena. Mrs. Sobel, Christopher's Lane, requested the addition of Christopher's Lane due to Its poor condition resultant from trucks, etc. involved in home con- struction after the road had been constructed. -2- CITY COUNCIL MINUTES - October 19, 1977 D. STAFF - REPORTS, CORRESPONDENCE 8 ANNOUNCEMENTS: (Continued) MOTION SECONDED AND CARRIED: Moved by Councilman Cheney, seconded by Council- woman Hillestad and carr ed unanimously to: Direct the City Manager to prepare a change order to the 1977 Contract for the Street Overlay Program. Thereafter, Councilman McReynolds questioned the City Attorney on the status of the Contract with Spangle 8 Associates. His response dealt with the only Item In the Contract still in question, namely, a $2,500 limit on liability in the Hold Harmless Clause. Discussion followed on the legal necessity of this Clause and problems that might occur with a limitation, and on the need to re- solve a Contract In order to proceed with projects awaiting a Planning Consul- tant. Concensus was for the City Attorney prepare final Contract for the next regular City Council meeting. E. SPECIAL ORDERS I. Annexation and Pre -Zoning - LANDS OF PERRETT, 9.09 Acres. (Second Reading) MOTION SECONDED AND CARRIED: Moved by Councilman Cheney, seconded by Council- woman Hlllestad and passed unanimously to waive further reading of Ordinance No. 238. MOTION SECONDED AND CARRIED: Then moved by Councilman McReynolds, seconded by Councilwoman Hillestad and carried by the following roll call vote to adopt Ordinance No. 238 amending Section 9-5.303 of Chapter 5 of Title 9 of the Los Altos Hills Municipal Code by providing for the prezoning of certain property. AYE: Mayor Brown, Councilmembers Cheney, Hillestad and McReynolds NO: None `, ABSTAIN: None ABSENT: Councilmember Proft 2. Request by Applicant to change Condition on existing Variance, LANDS OF TIEFERT, VAR #7027-76. The City Manager introduced this Item, referencing the City Engineer's letter In support of the Applicant's request. MOTION SECONDED AND CARRIED: Moved by Councilman McReynolds, seconded by Council- woman Hlllestad and passed unanimously to amend Condition 2, LANDS OF TIEFERT, VAR #7027-76, as follows: Concrete decking shall not encroach Into the rear yard setback area more than three and one half feet (3.51) as measured from the water side of the southerly pool wall, the pool wall being not less than seventeen feet (171) from the read lot line. 3. Public Hearings: a) Request for Conditional Use Permit for secondary dwelling, LANDS OF ABRAHAM, File CUP #8026-77. Following Introduction by the City Manager It was noted that the property in question had been designated "Not further subdivldable" on the original map by request of the subdivider, however, this application for secondary dwelling met all provisions of the Municipal Code. The City Attorney provided clarification on this designation as placed by the subdivider, not the Town, the legal aspects therein and the discretionary privilege of Council to grant this use. Councilman McReynolds questioned the sewage system for the two dwellings and was advised by the City Engineer that there would be two separate septic tanks feeding Into one drainfield; all had been approved by the Health Department. -3- CITY COUNCIL MINUTES - October 19, 1977 E. SPECIAL ORDERS: (Continued) OAV 3. a) LANDS OF ABRAHAM (Continued) Mr. Lambert, Representative for the Applicant, stated that the original subdivider (In question) approved this application, the applicant has not intention to use this dwelling for rental and approval had been granted by all agencies and neighbors concerned. He also reiterated that the purpose of this secondary dwelling was only to provide a residence for the mother of the applicant. MOTION SECONDED AND CARRIED: Thereafter, moved by Councilman Cheney, seconded by Councilwoman Hillestad and carried unanimously to approve Conditional Use Permit for LANDS OF ABRAHAM, File CUP #8026-77 subject to conditions as recommended by the Planning Commission. b) Request for Tentative Map Approval, LANDS OF FEISTEL, File TM #2063-77. As a prelude to discussion of this three lot subdivision, Mr. Crowe cited a letter from the Applicant requesting a change In setback on Lot #3. Mr. Feistel, Applicant, stated that this request for setback change was a minor Issue which could be waived during consideration of this application. Commissioner Lachenbruch offered Planning Commissionts recommendation that the granting of this setback, by definition of the Code, should only be by Variance. MOTION SECONDED AND CARRIED: Moved by Councilman McReynolds, seconded by Council- man Cheney and passed unanimously that a Notice of Negative Declaration be filed for Lands of Feistel, File TM #2063-77. tt MOTION SECONDED AND CARRIED: Then moved by Councilman Cheney, seconded by Council- woman Hillestad and carried unanimously to approve LANDS OF FEISTEL, File TM # 2063-77 subject to conditions as recommended by the Planning Commission. c) Request for Tentative Map Approval, LANDS OF COSTELLO, File TM # 2067-77. Discussion ensued on the proper procedure for a motion on Negative Declaration filing for Tentative Maps with determination that It should be taken care of before Council approval or disapproval of each application. Mrs. Fiksdal, Magdalena Avenue, asked if any studies had been made with regard to endangered w1ldlife in the area. The City Manager stated that these Investigations were made by specific area as they came through for subdivision, however, an overall Town study has not been made. MOTION SECONDED AND CARRIED: Moved by Councilman Cheney, seconded by Council- woman Hillestad and carried unanimously that a Notice of Negative Declaration be filed for Lands of Costello, File TM #2067-77. Discussion opened on this proposed five lot subdivision with information provided on Planning Commission denial of this application and the new maps before Council. The Engineer/Planner outlined the new slope density calculations, displayed trans- parencies showing the area surrounding this subdivision and provided Information on upcoming subdivision of these areas. Councilman questioned the Inability to draw a 3501 straight line through any of these parcels. Ms. Brockway, Representative for the. Applicant, spoke regarding the planning that `, had gone into the subdivision of this parcel and the surrounding areas, the ease- ments provlded, land exchanges Involved, slope density compliance and the generous setback from the earthquake fault trace. Ise CIN COUNCIL MINUTES - October 19, 1977 E. SPECIAL ORDERS: (Continued) 3. c) LANDS OF COSTELLO (Continued) Mr. Thomas, Developer on adjacent subdivision, expressed his concerns regarding the Planning Commission denial, the delay of the Dickinson Final Map and the lack of influence of Staff recommendations. Mrs. Fiksdal, Magdalena Avenue, spoke in favor of this subdivision. Mr. Bledsoe, Applicant for adjacent subdivision, told of his Interest in the outcome of this meeting and felt there was full compliance with the Code. Comments followed on Interpretation of the Code and the question of density of development proposed for this area. Commissioner Lachenbruch provided back- ground on Commission vote on this matter and their concerns about panhandle lots, enough area for the number of lots proposed, existing surveys and the lack of specific Code directives affecting this particular application. John Riley, Engineer for the Applicant, answered Counclimembers questions re- garding lot configurations, map changes as recommended by the Planning Comm ssion, and compliance with the Code as It is now written. MOTION SECONDED AND CARRIED: Moved by Mayor Brown, seconded by Councilman Cheney and carried unanimously to amend the last sentence of Condition 3 (a): This statement shall also be placed on the face of the Final Map and on the Conditions, Covenants and Restrictions of the Subdivision. MOTION SECONDED AND CARRIED: Thereafter, moved by Councilwoman Hillestad, seconded y Councilman Cheney and passed by the following roll call vote to approve LANDS OF COSTELLO, File TM #2067-77 subject to conditions as recommended by the Planning Commission and, as amended above. AYE: Mayor Brown, Counclimembers Cheney and Hillestad. NO: Councilmembers McReynolds and Proft. ABSTAIN: None ABSENT: None F. NEW BUSINESS: Councilman Proft questioned the recent construction occurring at Adobe Creek Country Club and the hazardous road situation caused on Moody Road on Sundays because of large groups of joggers. Discussion followed on law enforcement measures that might be taken with respect to the joggers. Councilman McReynolds referenced the recent illustration in the newsletter showing tax disbursement and introduced a -Resolution to be considered at a tater meeting. Mrs. Sobel, ChrlstoDher's Lane, offered her agreement on the unfair tax situation and questioned the possibility of bus service within the Town. G. ADJOURNMENT: There being no further new or old business to discuss, the City Council adjourned at 11:35 PM to a meeting Monday, October 34, 1977, 5:00 PM. Respectfully submitted, iiw Susan Buttler UZ It M appear a6 Zi.6.ted on Deputy City Clerk -5-