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HomeMy WebLinkAbout11/02/1977c i Tv cni iucn TOWN OF LOS ALTOS HILLS 26379 Fremont Road Los Altos Hills, California MINUTES OF A REGULAR MEETING Wednesday, November 2, 1977 cc: Reel 106, Side I, Tr. I, 406 -End; Side 2, Tr. I, 001-680 Mayor Keith Brown called the Regular Meeting of the City Council to order at 7:34 PM in the Council Chambers of Town Hall. A. ROLL CALL & PLEDGE OF ALLEGIANCE: Present: Mayor Keith Brown, Councilmembers Cheney, Hillestad, Proft and McReynolds Absent: None Staff: City Manager Robert Crowe, City Attorney Frank GIIIIo (arrived at 7:43 PM), City Engineer Alexander Russell, Engineer/Planner John Markl, Commissioner Kuranoff for the Planning Commission, Deputy City Clerk Susan Buttler Press: Iver Davidson, Los Altos Town Crier B. CONSENT CALENDAR: Councilman McReynolds requested the removal of Item 3 a). 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: October 19, 1977 and October 24, 1977. 2. Approval of Warrants: $92,168.15. 4. Resolutions for Adoption: a) Resolution #1082 accepting certain easements on behalf of the Public and the dedication of a Pathway, Tract #3659, Matadero Hills. 5. Proclamation: Proclaiming November 14-20 as Cancer Education Week and November 17 as the "Great American Smokeout". Thereafter, discussion followed on: 3. Actions of the Variance & Permit Commission: a) LANDS OF BORRALL, File BSA #6098-77, Request for Building Site Approval. Mr. Reiser, Central 2E_ expressed neighborhood concern regarding the installa- tion of a concrete driveway at this building site. Mr. Patmore, Central Drive, echoed Mr. Reiser's sentiments and requested Council action to require the applicant to repair Central Drive should damage result from equipment used for the construction of a home at this location. The City Engineer cited the steepness of the driveway area and the slippery texture of blacktop and/or asphalt as reasons for the recommendation of a con- crete driveway. Counclimembers comments centered on the condition of Central �I Drive at present, the jurisdictional extent the Town can become Involved in private road maintenance and how to limit undue hardship on the Applicant. CITY COUNCIL MINUTES - November 2, 1977 B. CONSENT CALENDAR: (Continued) E MOTION SECONDED AND CARRIED: Then moved by Mayor Brown, seconded by Council - 1W woman Hillestad and passed unanimously to add a new sentence to Condition 13: Any damage to Central Drive incurred by the Applicant or his contractor during construction on this site shall be repaired at the Applicant's expense, sub- ject to a bond and agreement entered into by the Applicant and members of the existing Road Maintenance Agreement. Mr. Borrall, Applicant, questioned the necessity of a bond, hoped that Council was aware of the condition of Central Drive at present and expressed concern regarding the constraints placed on this property by the dedication of two conservation easements. Discussion followed on these Issues with background Information supplied by Mr. Reiser, Central Drive and Mr. Lachenbruch, Central Drive, describing the unique features of the conservation easement In linking adjacent open space areas. MOTION SECONDED AND CARRIED: Thereafter, moved by Councilman McReynolds, secon- ded by Councilman Proft and passed by the following roll call vote to add as a sentence to Condition II - a: Also, the continuation of the existing conserva- tion easement on the adjacent properties, Book 175, Page 567 as shown on the Building Site Approval Map, to the easterly property line at about the 775 con- tour Interval with the exception of the twenty-five foot (251) driveway easement. AYE: Mayor Brown, Councilmembers Hillestad, Proft and McReynolds. NO: Councilmember Cheney. ABSTAIN: None. ABSENT: None. MOTION SECONDED AND CARRIED: Moved by Councilman McReynolds, seconded by Council- woman Hillestad and carried by the following roll call vote to amend Condition 12 to read: Driveway improvements shall be designed and certified for structural Integrity by a registered Civil Engineer. The driveway slope shall not exceed 20%. AYE: Councilmembers Cheney, Hillestad, Proft and McReynolds. NO: Mayor Brown. ABSTAIN: None. ABSENT: None. Mrs. Steers, Central Drive, spoke against a concrete driveway and offered clarif- ication on the area designated on the Map as Buena Vista Drive. Commentary followed among Councilmembers regarding proper identification of the subject access, emergency access as provided for in Condition II - b., and Council's desire to alleviate neighborhood concerns about driveway surfacing by the amended Condition 12. MOTION SECONDED AND CARRIED: Moved by Councilman Proft, seconded by Mayor Brown and passed unanl mously to add as a new Condition: The City Council shall grant a Conditional Exception to Section 9-4.712 to allow for this additional building site on a private road. MOTION SECONDED AND CARRIED: Then moved by Councilman McReynolds, seconded by Councilman Cheney and carried unanimously to approve LANDS OF BORRALL, File BSA 96098-77, subject to conditions as recommended by the Planning Commission and, as amended by the City Council. MOTION SECONDED AND CARRIED: As it was past the hour for Special Orders, Council- man McReynolds moved, seconded by Councilwoman Hillestad and passed unanimously to waive the rules and hear the Speaker as scheduled under Special Reports. -2- V CIN COUNCIL MINUTES - November 2, 1977 C. SPECIAL REPORTS: I. Reports of Standing Committees: None 2. Reports of Ad Hoc Committees: None 3. Presentations from the Floor: Mr. Paul Gann, representing People's Advocate, Inc., delivered a presentation on the Statewide - People s Petition to Control Taxation referencing the petition before Council in support of limiting ad valorem taxes on real property to 1% of value. Following a detailed explanation of the proposals outlined In this Amendment, Mr. Gann cited the Ineffectiveness of the Legislature to act on this Issue as the key factor in initiating this people's petition. Discussion followed on how this affected the residents of the Town, the merits and/or limitations of this petition and the great need to reduce the current tax burden. MOTION SECONDED AND CARRIED: Moved by Councilman Cheney, seconded by Council- woman Hillestad and passed by the following roll call vote to endorse the Initiative Constitutional Amendment - Property Tax Limitation. AYE: Councllmembers Cheney, McReynolds and Hillestad. NO: Mayor Brown and Councilmember Proft. ABSTAIN: None. ABSENT: None. Mayor Brown asked to go on record with the following statement explaining his No vote: "I feel that, as a private citizen, I would want to take action on this Initiative, however, as a Councilman I believe that each Individual citi- zen should be contacted and given the choice of supporting the Initiative or not. I personally don't feel that I should impose my will on the residents." D. STAFF - REPORTS, CORRESPONDENCE & ANNOUNCEMENTS: I. City Manager: a) Change Order to Raisch Contract - 1977 Street Overlay Program. MOTION SECONDED AND CARRIED: Following reference by the City Manager to his memo to Council regarding specific streets to be Included, It was moved by Councilwoman Hillestad, seconded by Councilman Proft and carried unanimously to approve Change Order to the Raisch Contract appropriating $15,000 from the Road Fund. 2. City Attorney: a) William Spangle & Associates Contract. The City Attorney cited the alternatives to the Contract as cited in his letter to the Attorney for Spangle & Associates and comments followed on the choice which would be the most beneficial and protective for the Town. MOTION SECONDED AND CARRIED: Moved by Councilman McReynolds, seconded by Council- man Proft and carried unanimously to approve the Contract with William Spangle & Associates including the Revision containing Indemnification In an amount not to exceed the total amount paid to the Contractor by the Town. -3- CITY COUNCIL MINUTES - November 2, 1977 E. SPECIAL ORDERS: ` I. Resolution requesting that the Governor of the State of California call a Special Session of the Legislature for the purpose of Property Tax Reform. Councilman McReynolds read the ResoI utlon, as prepared by him, which called for another approach to the problem of property tax reform and was commended for his efforts by Councilwoman Hillestad. MOTION SECONDED AND CARRIED: Moved by Councilman McReynolds, seconded by Council- man Proft and carried unanimously to adopt Resolution No. 1083 of the City Council of the City of the Town of Los Altos Hills requesting that the Governor of the State of California call a Special Session of the Legislature for the purpose of Property Tax Reform. 2. Public Hearing: a) Request for Conditional Use Permit for Town Hall Facilities, File C.U.P. #8027-77: First, hearing was opened on the filing of a Negative Declaration for the sub- ject property with the City Manager citing the procedures that had been followed by Staff and the Planning Commission with regard to Environmental Assessment. Mrs. Cox, Conejo Court, asked to speak for the adjacent residents in requesting that, at this time, an Environmental Impact Report should be prepared. The City Attorney offered clarification on the guidelines and considerations Involved In each approach and It was determined by Council that the Conditions would prevent re-occurence of past problems. L MOTION SECONDED AND CARRIED: Moved by Councilman McReynolds, seconded by Council- man Proft and passed by the following roll call vote that a Notice of Negative Declaration be filed for Town Hall Facilities, File C.U.P. #8027-77. AYE: Mayor Brown, Councllmembers Hillestad, McReynolds and Proft. NO: Councllmember Cheney. ABSTAIN: None. ABSENT: None. Mr. Giller,yinedo Lane, felt that the nearby residents had been treated unfairly In this matter. Mr. Sobel, Christopher's Lane, requested that Councllmembers go out Into the Town to obtain, first hand, the opinions of the residents on this Issue. Mr. Hahn, Ascension Drive, stated that if the facilities were only used for admin- istrative and legislative purposes, an E.I.R. would not be required. Thereafter, hearing opened on the C.U.P. with the City Manager reiterating the need to bring these facilities in conformance with the Code and offering background Information. Commissioner Kuranoff spoke regarding the time and effort the Plan- ning Commission had expended on this application and their hope that the Conditions reflected the wishes of all those Involved. Mrs. Cox, Conejo Court, referenced her letter to the Council containing amendments and deletions of certain Conditions aimed at the termination of specific nuisances. Discourse followed on these problems, specifically, garbage disposal, noise and visual impact of the two Town owned pick-up trucks, parking space designations, landscaping time schedule and review procedures for this C.U.P. -4- CITY COUNCIL MINUTES - November 2, 1977 E. SPECIAL ORDERS: (Continued) 2. a) Town Hall Facilities C.U.P. (Continued) MOTION SECONDED AND CARRIED: Moved by Councilman McReynolds, seconded by Council- man Proft and passed unanimously to add to the last sentence of Conditlon 4: within one year of the date of approval of this Conditional Use Permit. MOTION SECONDED AND CARRIED: Then moved by Councilman Cheney, seconded by Council- woman Hillestad and carried unanimously to add as a new sentence to Condition I: Any exterior structural alterations or modifications of the existing buildings shall be cause for review of the Conditional Use Permit. MOTION SECONDED AND CARRIED: Moved by Councilwoman Hillestad, seconded by Mayor Brown and passed unanimously to change the last word of the first sentence of Condition 2 from "Society" to "Room". MOTION SECONDED AND FAILED: Moved by Councilman Cheney, seconded by Council- woman Hillestad and failed by the following roll call vote to amend Condition 8 to read: The storage and/or overnight parking of all Town owned or leased vehicles shall be prohibited. AYE: Councilmember Cheney. NO: Mayor Brown, Councilmembers Hillestad, McReynolds and Proft. ABSTAIN: None. ABSENT: None. MOTION SECONDED AND CARRIED: Thereafter, moved by Councilman Prcft, seconded by Councilman McReynolds and carried unanl mously to approve the Conditional Use Permit for Town Hall Facilities, File C.U.P. #8027-77 subject to conditions as recommended by the Planning Commission and, as amended by the City Council. F. GENERAL ORDERS 8 UNFINISHED BUSINESS: Report on Adobe Creek Country Club - Compliance with Conditional Use Permit. In response to Council queries regarding areas of compliance with conditions as set forth, the City Manager referred to his memos and copies of pertinent data from the files. Areas of major concern were the absence, to date, of a plot plan for the subject property, the absence of business licenses for all current operations at the Club, the legality of the construction of a Pro Shop and the questions being raised concerning the revised management structure. The City Manager and City Attorney were directed to research these Issues thoroughly and report back at the next regular meeting. Mrs. Wood, Stoneb rook Drive, referenced her previous request for authorization to meet w th the Auditor and submitted a letter detailing the Information needed to Council. It was determined to have the City Treasurer investigate and submit a report back to Council as soon as possible. H. ADJOURNMENT: There being no further new or old business to discuss, the City Council adjourned at 11:47 PM. Respectfully submitted, Susan Buttler Deputy City Clerk Att Items appear. as tieted on .the Agenda. mil