HomeMy WebLinkAbout01/26/1976` CI'i" C0 NCIL
W TOWN OF LOS ALTOS HILLS
26379 Fremont Road
Los Altos Hills, California
MINUTES OF A REGULAR MEETING
Nbnday, January 26, 1976
cc: Reel 83, Side 1, Tr. 2, 001 -End; Side 2, Tr. 2, 001-850
Mayor Stanley Grabowski called the Regular Meeting of the City Council to order
at 7:30 P.M. in the Council Chambers of Town Hall:
A. ROLL CALL:
Present: Councilmen Cheney (7:31), Helgesson, McReynolds, Councilwoman
Miller (7:32), Mayor Grabowski
Staff: City Manager Robert Crowe, City Attorney Frank Gillio, City
Engineer Alex Russell, Town Planner Ken Pastrof, Commissioner PTOft
for Planning Cormission, Deputy City Clerk Norma Hislop
Press: San Jose Mercury -News: Pts. Becky Lavaly
Palo Alto Times: Mr. Dave Fuller
B. CONSENT CALENDAR:
At the request of Mrs. E. Fiksdal, Pathway Committee Chairman, Item B 4 W,S
removed from the Consent Calendar for separate consideration. Councilman
Helgesson requested that Item B2 be removed from the Consent Calendar.
Councilman Helgesson moved, seconded by Councilman Cheney and unanimo:r;I7
carried to approve the remaining items on the Consent Calo_iar (Coune:iL,.:ai
McReynolds abstaining from apnroval of the M(inutes), specifically:
1. Approval of Minutes: December 8, 1975 (A jouimed Meeting) as amended.
December 17, 1975 (ReTalar Meeting) as amended.
January 7, 1976 (Regular Meeting).
3. Actions of Variance 8 Permit Commission:
LANDS OF 91ITH, File War. 7023-75: Recommended approval of variance on
setback lines for pool construction subject to conditions.
S. Resolutions for Adoption:
Resolution #931 designating precincts and rolling places and appointing
members of precinct boards for the Consolidated General Phmicipal Election
and S.C. County Transit District Special Election on March 2, 1976.
Mayor Grabowski noted that Council had granted a variance, above, and he had also
voted for the variance because the applicant required a pool for medical reasons;
yet, he reminded Council that when he had proposed a bee Ordinance at the request
of a citizen for the same reason, Council had not Granted it.
CITY COUNCIL MINUTES - January 26, 1976
%W ITERS PRUVED FRal THE "TSENT C?,JFJDAII FOR :iEPARATE INSIDERATION:
2. Approval of Warrants: $37.073.24
Councilman Helgesson said he had noticed a rise in prices for gas from
' the Purissima Hills Water District and asked if there was a greater use
of equipment owned by the Town or if gas prices had risen.
Mr. Crowe responded that he did not have a break -down of the costs at the
meeting this evening„ but would report back to Council. In answer to
Council questions, Pfr. Crowe stated that the Town -owned vehicles and
equipment such as the tractor and backhoe used the Water District's gas
tank, as well as Town employees when they used their vehicles for Town
business.
Councilman Helgesson reouested an analysis of usage for the past six
months, and Mayor Grabowski suggested that rules be established as to
who should be authorized to use the gas.
Councilwoman Miller requested clarification on the Minutes of December 17th, and
M7ayor Grabowski stated that the Memo from the Deputy Clerk which clarified his
statement on page 4, paragraph 5, to the effect that Mr. Thomas had not been
present at the meeting with the City Manager and Mr. Cunningham amended the
Minutes to his satisfaction.
40 4. Actions of Planning Commission:
LANDS OF SCARFF, File #V2021-75, J. Riley, Engineer: Recommended
approval of Tentative Map subject to conditions:
Its. E. Fiksdal, Chairman of. the Pathway Committee, noted that the Planning
Commission had rejected the Committee's request for a pathway easement along
the southerly side of subject property. She said she had received a letter
from Dr. Lyman, Assistant Superintendent of the Palo Alto Unified Schocl
District to the effect that the District would provide a summer recreation
program at Fremont Hills School and he thmight improved access to the school
would make the program more available to the schoolchildren, though he was
not acquainted with the subject property.
Commissioner Proft stated this letter from Dr. Lyman was not available at the
Planning Commission meeting. He also stated that the applicant had requested
the deletion of this easemant condition because of the several burglaries
and vandalism on his property at this location. Mfr. Scarff suggested the
pathway easement be deferred until such time as Lot 4 came in for further
subdivision.
Discussion ensued between Staff and Council members concerning alternative
routes to Esther Clark Park, connecting easements already granted to the
Town, and in response to Councilwoman Miller's question, Mrs. Fiksdahl re-
snonded that she did not have figures on the number of children who would use
this easement for access to Fremont Hills School.
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CITY COUNCIL MINUSES - Jami:...-. 26. 1976
ITEMS PR4WED FROM CONSENTS CAL TIDAp. FOR SEPARAI2 CorSIDERATION (Cont'd):
Mrs. T. Schick, member of the Planning Commission, and Mrs. J. Carico,
Chairman of the Planning Commission addressed Council concerning the appli-
cant's appeal of the pathway condition because of the vandalism to his
property.
Councilman Cheney requested a discussion on Condition #13 of the Staff
Memo dated January 7, 1976, and asked if the Staff Note an at the end
of this condition was incorporated as part of Condition N13.
Planning commission Chairman Carico addressed Council, stating that the Staff
note was not considered a part of this condition. After further discussion
with Staff and W. John Riley, Engineer for the applicant, Councilman Cheney
moved to amend Condition #13 as follows:
"13. Due to the cross slope of Lot 3, approximately 20%, the foundation design
of the future primary dwelling shall be one or a combination of the
following: a) Daylight basement design; b) Step -on -contour foundation
design; c) Pole foundation design; d) Any combination thereof.
Said condition shall be recorded on any and all documents which would be
legally binding in the opinion of the City Attorney and would place
potential buyers on notice that this condition will be complied with at
the time of Site Development. Lot 3 shall be reviewed with the owner
and the Site Development Committee prior to submission of Site Develop-
ment plans."
Mayor Grabowski seconded the motion (above) which carried unanimously by
roll call vote.
Councilman Helgesson moved, seconded by Mayor Grabowski, to approve It.o-
2 and 4 on the Consent Calendar as modified. A,Lotion carr:ad by the fol:.cv.iag
roll call vote:
AYE: Councilmen Cheney, Helgesson, McReynolds, Ttayor GraLUJi'nl
NO: Councilwoman Miller
AUSENT: NONE
ABSTAIN: NONE
C. SPECIAL REPORTS:
Because the time had been reached for Special Orders, Council unanimously
concurred to suspend the time for hearing Special Orders in order to hear
the items scheduled under Special Reports.
1. Mayor's Proclamation re Anza Expedition:
City Manager read the Proclamation issued by the Mayor declaring the day of
March 26th as "Anza Day" in honor of the Bicentennial Celebration and the
re-inactment of the Trek of Colonel Juan Bautista de Anza from Spain, Mexico,
California and :Arizona.
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CITY COUNCIL KNUITS - Janna—, 26, 1P76
SPECIAL REPORTS (Cont'd):
Councilman Helgesson also suggested that letters of appreciation be sent on
behalf of Council to the Town's Historical Society, Bicentennial Commission,
Homeowner's Association and Historian for their participation in the cele-
bration commemorating the Bicentennial and the Town's twentieth birthday.
Council so agreed, and directed Staff to prepare letters of thanks to the
Los Altos Nursery, Zappettini Brothers and the Daughters of Charity for their
floral arrangements.
2. Reports of Standing Committees: Traffic and Public Safety Committee.
Pfrs. Irma Goldsmith, Chairman of the Traffic and Public Safety Committee,
reported to Council on the Bicycle Safety Contest. The proposed contest
would start on Parch 10th and close at 5:00 P.M. on March 19th, the drawing
to be held nest day. She stated that participants would each be given a
pamphlet containing State of California bicycle regulations, the back of
which contained a quiz on the contents. These would be completed and de-
posited for the drawing. Mrs. Goldsmith said that all prizes suggested by
the Committee were related to bicycle safety.
After further Council discussion pertaining to the rules of the contest,
Councilman Cheney suggested that the 16 and Over category be eliminated from
participation in the contest. He felt that two categories were sufficient:
Category 1 for children 12 and under; Category 2 for children 13 thru 16
years of age.
Councilwoman Miller moved, seconded by Councilman Helgesson to appropriate
the amount necessary for prizes and conduct of a bicycle safety contest in
accordance with the suggestions made by Councilman Cheney. Motion carried
unanimously by roll call vote.
3. Reports of Ad Hoc Committees: Jtiastv:iad Fa-na Study Ccmmittee.
Mr. Steve McReynolds, Chairman of the Wesiwind Farm Study Cmmittee sub-
mitted a written report to Council on the Coceaittee's findings and
recormmendations. He briefly reviewed the charge of the Committee which was
to seek public and Committee input as to the use of the recently purchased
property by the Town. Mr. IicReynolds noted that a public hearing had been
held on October 28, 1975 during which a wide range of suggestions were re-
ceived by the Committee, which they attempted to refine. He also said the
findings of the Committee would necessitate further work or Staff time for
Council to make a final determination on the recormnendations. In response
to Councilman Cheney's question, Mr. McReynolds stated that the Committee
did not have the financial capability of studying the costs of various types
of operations, and there were conflicting, views on operating costs of a
horswereethatlthe property be uussed ase of the OpeneSpacce ortions. Other sold subject to restricted
development.
Payor Grabowski thanked Mr. McReynolds and stated if it were Council con -
census, the report would be accepted and placed on a future agenda for
consideration. Council so agreed.
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CITY COUNCIL MINUTES - Janaa, 26, 1976
V SPECIAL REPORTS (Cont'd):
A. Presentations from the Floor:
a) Mfr. A. P1. Laws, Hooper Lane: As a member of the ":estwind Yarm S1ixiy
Committee, Mir. Laws stated that the Committee was unanimous in their
recommendation that the barn be used as a horse facility, but some members
felt the Town should not be involved in its management.
b) Mrs. Alma Rood, Stonebrook Ave: Wished to give Council a vote of
thanks in giving Mrs. Fava a building which will house a historical dis-
play. She also thanked Council for the resurfacing of Stonebrook Avenue.
She requested that action be taken to clean the culvert near her property
to prevent it from overflowing.
In answer to Councilman Cheney's question as to whether Culverts and drain
were cleaned in connection with an over all Plan, Mfr. Crowe stated that
there was no established schedule, but the Town attempted to clean all
send the Crew tolns checklthe culverto the a nyseason Stnebrook�in the Morning. he would
b) Councilwoman Hiller inuirad when the historical marker for the
ID -Keefe property would be installed. Mr. Crowe responded that he had
discussed with the Chairman of the Bicentennial Commission about an
appropriate Program for the installation of markers on historical sites
within the Town.
c) Mfrs. Florence Fava, Town Historian: Thanked Council for making it
possible to have a historical room for her exhibits.
d) t1r. L. Dawson, Mir Mirou Dr: Regarding condition of Paseo del Roble
and thought the problems should be taken care o£ by the contractor. City
Engineer Alex Russell said he would investigate the matter and report
back to Council.
e) Mrs. M. Saviano, Corte Madera Ct.: Thought there was a great need
in the Town for a schedule for drainage, road and Pathway wort: to be
done.
f) Mrs. J. Carico, O'Keefe Roa.1: Reminded Council of the Planning
atnSe to be held on Saturday
DeAnzaCollege.Shnoed that thworkhopwas s nsored by the
Planning Policy Committee of Santa Clara County, and encouraged any
City Comcil, Planning commission or inter -related Committee members to
attend.
g) Mfrs. Fran Stevenson, Beaver Lane: Commented that monies had been
budgeted this year for three pathway bridges and she wanted to be sure
that something, was done this year. Mfr. Crowe said that the original
plans were to use old telephone poles for this project, but he had been
L unable to secure them. He said that the Pathway Committee was preparing,
4✓ alternate recommendations and said a report from him and the Pathway
Committee would be scheduled for the second Council meeting in February.
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4W
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CITY COUNCIL T".IRnJTES - : anu::- 26, 7576
D. STAFF REPORTS, CORREsPOVEgCF $ ANNOUNMTES:
1. City Manager: Re^'rt on ?Ion -Conforming Uses:
Mr. Crowe directed Council to his memo noting that the 27th of January
' marked the Town's twentieth birthday and the day on which all non -conforming
use were scheduled to be eliminated. Ile requested Council direction to
Staff as to how they wished to proceed.
City terg
orderAttorney for Council dtoCestablishrasprogram ortplan fortheabatementwas
ofin
nuisances.
Councilman Cheney felt the initial step would be for Council to appropriate
sufficient funds for a mailing to Town residents to make sure they are all
aware of the ordinance. He was not in favor of an inventory to be conducted
ht that
enforcementcp procedures existed sufficient
alrreadyand lnotfurthereaction was r. Ile uneeded by
Council.
Council discussion ensued regarding Councilman McReynolds suggestion to ask
the Planning Commission for recommendations, and in response to the Mayor's
question, Mr. Gillio stated that the Tjwn should enforce the Ordinance to
the best of their ability and not wait until violations were reported to
Town Hall. Also in response to Council question, Mrs. J. Carico, Chairman
of the Planning Commission, did not think that the Commission would be
interested in studying the problem and making recommendations to Council.
Speaking from the Floor:
Mrs. T.Schick, Weston Road: Thought list should be comiled of the uses
the Town i allrnu, w is would be easio for the public a understand.
Mrs. M. Saviano, Corte ITadera Ct.: Suggosted a citizens group to work on
Pro ce ures or Cowin reconaation.
Por. D. Bellucci, 1".00,ly Road: Called Council's attention to various Ordinances
which amen�e t e Zoning Ordinance and thought the way they were written
gave residents until 1979 to abate non -conforming uses. After Mr. Gillio
reviewed the Ordinances, he confirmed that there was no change in dates and
January 27, 1976 was still the effective date.
Mr. A. M. Laws, Hooper Lane: In favor of enforcing, ordinance.
Mr. Steve MkRe olds Mood Road: Felt the twenty year grace period was a
su anent engt o tune to a low residents with non -conforming uses. In
response to his question, Mr. Gillio stated that certain uses were permitted
by the Town with a Use Permit.
Councilman McReynolds suggested to Council that a Special Study Session be
held to consider this matter since it was taking so much time to resolve.
He made this suggestion in the form of a motion which was seconded by
Councilman Cheney and it was unanimously carried by roll call vote.
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V
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CITY COUNCIL MINUTES - Jznu%i, 26, 1976
STAFF REPORTS, CORRESPONOE]CE & ANNOUNCEITNTS (Cont'11:
2. City Attorney: Claim of James L. Sorden.
on the recommendation of Mr. Gillio, Councilman McReynolds moved, seconded
by Councilman Helgesson, to deny the claim of James L. Sorden for costs of
damages to his vehicle and direct the City Clerk to forward the claim to the
Town's insurance carrier. Nation carried unanimously by roll call vote.
E. SPECIAL ORDERS:
1. Public Hearing - Ordinance for Introduction: Ordinance amending
LAH )uaicipal Code to provide for public facilities zoning.
Councilman McReynolds moved, seconded by Councilman Helgesson and carried
unanimously to continue the public hearing on this matter to the Council
meeting of February 4th.
2. Consideration of letter concerning contention of Brown Act violation:
Mayor Grabowski read a letter from Planning Commission Chairman with reference
to a conversation she had with Councilwoman Riller during a break in the
Council meeting, of December 17th in which Mrs. Miller had implied that there
might be a violation of the Brown Act involving the Planning Commission. The
Mayor stated that, because this was a charge made by a public official in
public, that he felt the matter should be discussed before the public. He
asked Councilwoman ttiller if she would like to respond to the allegation.
Councilwoman Miller stated that the letter from Mrs. Carico failed to mention
what had been said before and after the statement, and was therefore taken
out of context. She also noted that she had not been informed of this letter
prior to her receiving her Packet material, and felt this should have been
discussed with her prior to the meeting. She stated that it had not bec-n her
intention to intimidate anyone, as the letter appeared.
,ouncilwoman Miller said the letter had no srbstance, since no charges had
been filed with the District Attorney; that after talking with the City
Attorney she had concluded that an error had been made out of procedural
ignorance, which she had intended to discuss with ,trs. Carico.
T+ayor Grabowski stated that he still did not know whether, in fact, a
violation of the Brown Act had occurred. Councilman Cheney said that if them
had been a violation, and Councilwoman ?filler had made such a statement, then
this was intimidation. He felt the record should show Dirs. Carico's letter
and that Councilwoman Miller had denied the charge.
3. Request for Building Site Approval: LANDS OF STECWR, File #6060-7S,
Sandis ; Assoc., Engineers:
"tr. Crowe stated that the subject property was in the Three Forks area, and
that the Planning Commission had recommended approval of the request subject
to conditions recommended by Staff and as amended by the Commission.
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CITY CDUNCIL PTINUPES - Janu9117 26, 1976
LANDS OF STEGNER (Cont'd):
Town Planner Ken Pastrof noted for Council both natural and imposed
restrictions to the property.
Commissioner Kenneth Young addressed Council relative to his concerns about
granting building site approval and as outlined in his Memo to the planning
Commission. He contended that because of the potential development of the
area that safety hazards, both present and potential, should be addressed
before any building site approval is granted.
Discussion ensued between Staff, Council, and Commissioner Young regarding
the potential fire hazards and brush in the area which was a present threat;
the narrowness of the road at the point of the subject property; the lack of
a road maintenance agreement for the private road.
Alr. Ken Davis, applicant, addressed Council to clarify the record regarding
a flood possibility. He stated that the natural creek was what over -flowed,
and that was further down from his property. Fie stated he was in agreement
with the conditions imposed.
Speaking from the Floor:
Itr. M. Kuranoff, S. Fork Lane: Stated that neighbors were willing to improve
the intersection o ree or s and Page Mill Road.
Mrs. Amn S Fencer Sherlock Court: Asked whether flood hazard would be in-
crease i. approval were grante and hk. Russell resnonded to her concern.
Councilman Cheney 'Ml'fII., secor�ls'.',y C'Ofcilu°oTa'-Piill' to grant building
site approval for LANDS OF S'P aTR, File #6060-75, subject to conditions
recommended by the Planning Commission.
Councilman Helgesson motioned to amend Councilman Chene,'s motion by seNing
the condition that the applicant be reauircd to participate in any r0a..
improvement district that may be formed for the area from PagoMill
Soutt Fork
South Fork, and participate in a road maintenance agreement
Lane. Mayor Grabowski seconded the motion w'Ae-, carr sd uuanimously by roll
call vote.
The question was called by the Mayor, and the motion to grant building site
approval for LANDS OF 3IEG4F.R subject to conditions as recommended by the
Planning Commission and as amended by Council carried unanimously by roll
call vote.
4. Requestsfor Exemption from Subdivision Moratorium:
Crowe noted that Staff had recommended against the approval of subject
request for exemption, but the Planning Commission unanimously voted to
recommend approval.
Mr. George Eshoo, Attorney for the applicanttfi, addressthe ed Council,atms statinew
[ that the applicant was willing, to comply
�✓ subdivision ordinances.
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CITY COUNCIL MINUTES - January 26, 1976
LANDS OF SADDLE PMNTAIN ESTATES (Cont'd):
cow
issioner Proft explained the reasons the nt-arming, Convsission had
granted the request for exemption, stating that ti,� p p+Pcented at this
time was not the same one that had been submitted previously and geulcd.
Speaking from the Floor:
Dtr. John Clegg, Engineer for the applicant: Regarding the type of de-
ve opment the arplicant was attempting to Plan, which consisted of lots
more than one acre in size.
it. Jr. Choi -m, resident: Concerned that lots subdivided according to this
plan co rt er subdivided. Also questioned how neighboring Property
owners were notified regarding requests for exemption, to which the City
14anager responded that, because they were only requests to file an application,
nronerty owners were not notified at that point.
Councilman McReynolds spoke regarding the subdivision moratorium and its
purpose and expressed his opposition against granting an exemption in such
a case.
After further discussion, Councilman Cheney moved, seconded by Councilman
Helgesson to grant the request for exemption to the subdivision moratorium,
LANDS OF SADDLE MUNTAIN ESTATES, APN# 182-07-007 as recommended by the
Planning Commission. Plotion carried by the following roll call vote:
AYE: Councilmen Cheney, Helgesson, Mayor Grabowski
NO: Councilman 1•-Peynolds, Councilwoman ,,tiller
ABSENT: NONE
ABSTAIN: NONE.
NOTE FOR TFL RECORD: Councilman McReynolds excused himself from the meet.irg
at this point, 12:30 A.M.
Because of the lateness of the hour; Counci.lwor^ar, filler m:ove:i 20T adjourr-hent,
seconded by Councilman Cheney. Motion failed because of a tie vote as follows:
AYE: Councilman Cheney, Councilwoman Puller
NO: Councilman Helgesson, Mayor Grabowski
b) LANDS OF FRERWI, APN#175-32-020:
Councilwoman filler moved, seconded by Councilman Helgesson to approve the
request for exemption from the subdivision moratorium for LANDS OF FP.EDIAN,
APN#175-32-020, as recommended by the Planning Cormdssion. Potion carried
by the follow ring roll call vote: Miller, Ila
or Grabowski
AYE: Councilmen Cheney, Helgesson, Councilwoman Y
NO: NONE
ABSENT: Councilman McReynolds
ABSTAIN: NONE
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(( CITY COUNCIL rrINUTES - J.3nu,11 r 26, 1976
\r SPECIAL ORDERS: (Cont'd)
Mayor Grabowski announced that, because of the lateness of the hour, and with
the consent of those concerned, Items E 5 and 8, Items F 1 and 2, and
Iteeem bruary
would not be heard, but placed on the Agenda for the Council meetin„ o
4, 1976.
6. LANDS OF DOYLE, File #Fr13011-75, J. Riley, Engineer: Request for Final
Plan approval.
1,1r. Crowe stated that the man had been reviewed by the City Engineer and had
his approval, and that Mr. Gillio had drawn up a subdivision agreement for
subject property.
Councilwoman Miller moved, seconded by Councilman Helgesson to adopt
Resolution #932 approving final map and approving and authorizing execution
of subdivision agreement, LANDS OF DOYLE, File W13011-75. ?lotion carried
by the following roll call vote:
AYE: Councilmen Cheney, Helgesson, Councilwoman hiller, Mayor Grabowski
N0: NON°
ABSENT: Councilman rlcReynolds
ABSTAIN: NOrd.F
7. Request for time extension on Building Site Approval - LANDS OF
PESTER, File #BSA6008-73.
Mr. Crowe reported that the arplicant had purchasedthe subject pronerty
late this summer and was in the process ofsubmittingplans, but only had
a short time in which to comply with the conditions of the building site
approval during which, the time elapsed. Applicant was now requesting an
extension of time, and Staff recommended a time of one year from the .!ate,
of expiration.
Councilwoman Puller moved, seconded by Councilman Helgesson to grant the
extension of time of building site annrovsl, '..ANTS OF BF.STTLR, File #BSA
6008-75 for one year from Sentember 25, 1975. Potion carried unanimously
by roll call vote (Councilman rkReynolds absent).
9. Request for Tentative 'rap revision, LhNDS OF PAURER, File #U12023-75:
rtr. Crowe advised Council that the applicant was seeking a revision to the
tentative map in order to better utilize the rronerty. The revision was a
change in the road end from a bulb to a hammerhead.
Discussion ensued. between anplicant, Staff and Council concerning the reasons
for the request, the applicant's desire to keep the road in question private,
and Staff's recommendation for the dedication of the road as a public right
of way. Council requested that the applicant submit the map they had desired
to be accepted originally in order for them to review the nroperty plans with
the road as a private road. Applicant so agreed, and with his approval, the
matter was continued to the Council meeting of February 4, 1976.
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CITY COUNCIL MINUTES - January 26, 1976
(%, SPECIAL ORDERS (Cont'd):
10. Appeal on requirement for Environmental Impact Report, LANDS OF ROSS!,
File SBSA6064-75:
Mr. Crowe noted that the applicant was appealing the Staff recommendation
that an Environmental Impact Report be required on subject property in
conformance with State guidelines. Mr. Crowe also advised Council that
this property would be before the Variance & Permit Commission for building
site approval on January 28th, and Council might wish to review Mr. Rossi's
appeal and the request for building site approval at the same time.
Mr. Rossi explained the reason for his appeal, stating that he had talked
with many people who did not agree that the historical point of interest
was located on that property on which he desired to locate his home. Mayor
Grabowski requested Mr. Rossi to submit to Council any documentation he might
have, and the names of the people with whom he had talked for Council
review. Mr. Rossi so agreed, and with his consent, the request was scheduled
for consideration at the Council meeting of February 4th.
F. GENERAL ORDERS & UNFINISHED BUSINESS:
3. Approval of revised Conditional Use Permit w/ Exhibits - Adobe Creek
Country Club:
At the request of Mr. Gillio, this matter had been placed on the Agenda to
seek Council approval of certain wording changes in the Conditional Use
Permit for this property. Mr. Gillio stated that the wording in sub -para-
graph 'x' of Paragraph 9 had been clarified at Council request. Wording
for that section which was before Council this evening reads as follows:
"x.. Be entitled to use for human residential occupancy and habitation one
residence dwelling (limited to one family) and to use one other residence
dwelling for Club purposes (excluding any human residential useage) located,
respectively, on the real property described in Exhibit 'A', provided, how-
ever, that both residence dwellings shall first have been brought into com-
pliance with the existing Building, Housing, Fire, Electrical and Plumbing
Codes, respectively, and all other applicable ordinances of the Town,
codified or uncodified, as well as the current requirements of the Santa
Clara County Health Department and the Los Altos County Fire Protection
District, and proof of compliance therewith satisfactory to the City Manager
is furnished to the Town. Provided, further, that nothing contained herein
is intended to prevent the owner of the real property described in Exhibit
'A' and his lineal decendents from occupying the residence shown on the Plot
Plan as "Private Residence Area B 1.00 acres."
Councilman Helgesson moved approval of the wording clarification of Para-
graph 9, sub -paragraph 'x' of the approved Conditional Use Permit for Adobe
Creek Country Club as read by the City Attorney (above).
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` CITY COUNCIL MINUTES - January 26, 1976
ADOBE CREEK COUNTRY CLUB CONDITIONAL USE PLRiITT (Cont'd):
Mr. Dale Church, President of the Club's Board of Directors, stated that
this was a change to the Use Permit; that there was nothing on the Agenda
that talked about changes to the Use Permit. He said that this, to him,
was a total loss of good faith on the part of Council to make that change
at this late date.
Mr. Gillio called for a point of order, stating that there was a motion
on the floor which had not been seconded. Councilman Cheney seconded the
motion.
Mr. Gillio stated that he had informed Mr. Church in a telephone conversation
on the Friday previous to this evening's meeting that, as far as Mr. Gillio
knew, this matter would be on the Agenda this evening. Further, Mr. Gillio
noted that the applicants had not submitted to the Town a modified plot
plan or legal description to be attached to the Use Permit. He stated to
Council that the applicant was trying to set Council up for a possible legal
entanglement, and advised Council to act on the matter this evening one way
or the other.
Mr. Church stated that a plot plan had been submitted by the Club's Engineer,
which had not been acceptable to the Town and had been returned for revision.
C He reiterated that he felt the wording change was an additional change to
the conditions of the Use Permit.
Councilman Cheney stated that his concern, and the entire issue at question,
was that there would be one principal residence for Mr. Bellucci, and that
there would be one residence for Club use - two residences total. He said
he thought that this was what Mr. Gillio had read a few moments earlier.
Councilman Cheney stated that he had voted on that particular situation.
Mr. Church replied that, at the meeting where this had been discussed
previously, Council was aware that the nature of the residences in question
was duplexes.
Councilman Cheney responded that his interpretation of a "residence" was a
single family dwelling. He said that he felt this question might be raised,
and this was the reason Council had asked for the wording clarification.
Councilman Cheney said that if Mr. Church thought he had ever voted on
anything else, he wanted it known that he had voted on two single family
residences, and this had always been his intention.
The question was then called, and Councilman Helgesson's motion (above),
seconded by Councilman Cheney, carried by the following roll call vote:
AYE: Councilmen Cheney, Helgesson, Mayor Grabowski
NO: NONE
ABSTAIN: Councilwoman Miller
4 ABSENT: Councilman McReynolds
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CITY COUNCIL MINUTES - January 26, 1976
ADOBE CREEK COUNTRY CLUB CONDITION;[- USE PERMIT (Cont'('.):
When the roll for the vote on this matter was ca'„ed, Councilwoman Miller
said she would abstain as she did not understand what the change was. She
said she thought Council had already voted on this natter once.
Councilman Helgesson said this was correct. Councilwoman Miller questioned
whether she had not voted "yes” at that time, and Councilman Helgesson con-
firmed this.
Mr. Church interrupted the calling of the roll, and the Mayor called for
apoint of order, directing the Deputy Clerk to continue the roll call vote
as outlined above.
Note for the Record: Councilman McReynolds had disqualified himself from
voting on any matter pertaining to this issue previously because of a
possible conflict of interest.
H. ADJOURNMENT:
Council adjourned at 1:35 A.M. to their next Regular Meeting on February
4, 1976.
Respectfully submitted,
Norma J. Hislop
Deputy City Clerk
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