HomeMy WebLinkAbout06/16/1976CITY COUNCIL
TOWN, OF LOS ALTOS HILLS
26379 Fremont Read
Los Altos Hills, California
MINUTES OF A REGULAR MEETING
Wednesday, June 16, 1976
cc: Reel 88, Side 2, Tr. 1, 297 -End; Side 1, Tr. 2, 001-998
Mayor Robert Cheney 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 Grabowski, Proft, Councilwoman Hillestad, Mayor Cheney
Absent: Councilman Brown
Staff: Alex RussManaell,er RToantPlanner Keo Pastrof, Deputy cityAttorney Frank ,ClerktN Engineer
ma neer
Hislop.
Press: None.
B. CONSENT CALENDAR:
At the request of Deputy Clerk Norma Hislop, the Minutes of May 19th were
removed for separate consideration, and Councilman Proft requested the removal
of Item 4 b) from the Consent Calendar.
MOTION SECONDED AND CARRIED: Councilman Grabowski moved, seconded by Councilwoman
Hillestad, and unanimously carried to approve the remaining items on the CONSENT
CALENDAR, specifically:
1. Approval of Minutes: May 6, 1976, as amended and corrected.
2. Approval of Warrants: $30,521.95.
3. Actions of Variance & Permit Commission:
LANDS OF ANTUNES, File Nos. BSA 5065-76; Var. 7032-76 - Recommended
approval of variance from setback lines and request for building site
approval subject to conditions.
4. Actions of Planning Commission:
a) LANDS OF STONEBROOK, File NTM2036-76 - Recommended acceptance of
tentative map subject to conditions.
ITEMS REf10VED FROM CONSENT CALENDAR FOR SEPARATE CONSIDERATION:
` 1. Approval of Minutes: May 19, 1976: Deputy Clerk Norma Hislop corrected
p. 7 of subject Minutes, top of page to change the word "Court" to
"Code", and to change the Colin at the end of that sentence to a period.
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CITY COUNCIL MINUTES - June 16, 1976
ITEMS REMOVED FRO1 CONSENT CALENnAR (Cont'd):
Minutes of May 19, 1976 (Cont'd):
Councilwoman Hillestad also corrected page 3 of the Minutes to reflect that
the Special Report heard by Council was not the report of the Traffic and
Public Safety Committee, but a report by the Chairman, Mrs. Irma Goldsmith.
She also corrected the amount of tax paid by Town residents for the acquisition
of open space contained in the third paragraph of the same page to $.04375
instead of $.02.
Councilman Grabowski moved, seconded by Councilman Proft and unanimously
carried to approve the Minutes of May 19, 1976 as corrected and amended (above).
4 b) LANDS OF NORTH, File #TM2034-75: Planning Commission recommends approval
of tentative nap subject to conditions:
Ccuncilman Proft requested clarification of Condition #5 of the approved
check list. Town Planner Ken Pastrof presented a view graph of the subject
property which indicated the easements which served neighboring property
owners, and Planning Commission Chairman Hahn elucidated upon the Commission's
recommendation that the road in question remain a private road.
Mr. Bill Dawson, attorney representing the applicant, addressed Council
�v concerning the applicant's position that, unless the financial burden of
improving the access road to his property were shared by adjacent property
owners, this would impose an unfair financial burden on him.
Mr. Carey Jones, a neighboring property owner, stated that he had no intention
of subdividing his property, but if this were the case in the future, access
to that property would come off Page Mill Road and not through the access
road in question onto Via Ventana.
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In response to Council's questions, Mr. Pastrof explained that the area in
question was approximately four hundred feed (400') from Via Ventana.
Councilman Grabowski moved, seconded by Councilwoman Hillestad, to amend
Condition #5 as recommended by deleting any reference to a "roadway" and
substituting the word "driveway." Motion carried unanimously by roll call
vote.
City Engineer Alex Russell recommended that the applicant be required to
post a bond guaranteeing that the road would be improved as required, and
Mr. Crowe noted that this type of requirement was a standard procedure to
insure that the required work was completed.
Councilman Grabowski moved, seconded by Councilwoman Hillestad, to add a
further condition to the approved check list as follows:
"D. Private driveway shall be improved prior to the final inspection of the
residence to be constructed on Lot #2, LANDS OF NORTH."
Motion carried unanimously by roll call vote.
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June 16._1976: Under 1 of "Staff Reports", Councilman Grabowski thought
t —wiseesr the Minutes to reflect the names of the plaintiffs in the MELDED
Lee
litigation
John M.of DFowele,mJohn &LMarynce Steers50BlakeiT.& Barbara
Crozier gUpton,P�rl�
John C. and Ruth Morrison, John G. and Elizabeth Ronsiek, Richard Marton,
44allace Stegner, Hilton & Barbara Minckley, June Mcilwraith, Alan and
Margaret Kinkead, Marcus Stedman, Darlene Cowden, and Ruth Spangenberg.
CITY COUNCIL MINUTES - June 16, 1976
4
ITEMS REMOVED FROM THE CONSENT CALENDAR (Cont'd):
LANDS OF NORTH (Cont'd):
Councilman Grabowski moved, seconded by Councilwoman Hillestad, to epprove the
tentative map, LANDS OF NORTH, File #TM2034-76, subject to the conditions as
recomnended by the Planning Commission and as amended by Council (above).
Motion carried unanimously by roll call vote.
C. SPECIAL REPORTS:
1. Reports of Standing Committees: Report from Chairman of Traffic and
Public Safety Committee.
Mrs. Irma Goldsmith, Chairman, reported to Council on a letter received by
them from Supervisor Geraldine Steinberg regarding Magdalena Avenue parking.
Nrs. Goldsmith noted that she had received a number of complaints from the
residents in the Magdalena Avenue vicinity regarding people parking within
pathways in the area for the entire day because the owners were members of
car pools.
Mrs. Goldsmith recommended that Council continue the present "No Parking"
designation for this area since there were alternatives available to people
wishing to join a car pool. One suggested would be negotiating with the
American Orthodox Church located in the area for permission to use their
parking lot during the week.
After further questioning and discussion by Council, Councilman Grabowski
moved, seconded by Councilwoman Hillestad, to support the restriction against
parking along Magdalena Avenue, and direct Staff to so indicate to Supervisor
Steinberg and the County Planning Department. Motion carried unanimously by
roll call vote.
2. Reports of Ad Hoc Committees: None
3. Presentations from the Floor: None
D. STAFF REPORTS CORRESPONDENCE & AMNIOUNCEMENTS:
1. City Manager: Mr. Crowe noted that on the Narrant List this evening a
Warrant appeared in the amount of $16,500, which was payable to the firm
of Wilson, Jones, Morton & Lynch for legal fees for defense in litigation
relative to S.A.D. #9. Mr. Crowe noted that a claim has been filed by
the Town's attorneys in an attempt to recover these fees.
mac+
Mr. Crowe requested Council direction regarding the letter he pr000sed to
send to Town residents regarding non -conforming uses. Mayor Cheney re-
quested the City Manager to re -issue his revised letter to Council and
to place the matter on the next Council agenda for consideration.
Councilwoman Hillestad requested that it be noted that she was in favor
of proceedinq with sending the revised letter to residents, since she
had reviewed it, but mould not be present at the next Council meeting to
indicate her position.
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FIN
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CITY COUNCIL MINUTES - June 15, 1976
STAFF REPORTS (Cont'd):
2. City Engineer: Mr. Russell reported to Council on the status of the
Solid Waste Management Program of Santa Clara County. Because the City
of San Jose was now objecting to the Plan, the County's Planning Dept.
was requesting comments from all cities with regard to the direction in
which they would like to proceed. Mr. Russell suggested that Council
might wish to indicate that they were in support of the other cities in
favor of the Plan as presented by the Planning Department of Santa Clara
County.
After discussion by Council, it was their consensus that Staff should
prepare a letter to the County Planning Department indicating support for
the Plan for Solid Waste Management as previously presented by the Santa
Clara County Planning Department.
E. SPECIAL ORDERS:
City Attorney Frank Gillio informed Council that the first order of business
under Snecial Orders prior to the consideration of abandoning a portion of
Elena Road was that of considering an Agreement between the Town and Mr. and
Mrs. Roy J. Re and a Resolution approving and authorizing its' execution.
Mr. Gillio also noted that, should Council agree not to abandon the portion
of Elena Road under consideration, the agreement would then be void; and
should Council proceed with the abandonment, the agreement would be in effect.
He noted that the agreement had been reviewed by the Attorneys for the
Res, and by himself, and recommended that Council approve the agreement as
presented.
Councilman Grabowski moved, seconded by Councilman Proft, to adopt Resolution
#960 approving and autt.orizing execution of Agreement between the Town and
Roy J. Re and Lyn r/. Re. Motion carried by the following roll call vote:
AYE: Councilmen Grabowski, Proft, Councilwoman Hillestad, Mayor Cheney
NO: NONE
ABSENT: Councilman Brown
ABSTAIN: NONE
Mr. Gillio also recommended that Council indicate its approval of the Mayor,
on the Town's behalf, signing a letter indicating that there is no objection
to a fence across the easement in question, of a type agreeable to both
parties. Council consensus agreed to this recommendation of the City Attorney.
1. Public Hearing: Consideration of abandonment of a portion of a certain
street (Elena Road):
Mayor Cheney declared the Public Hearing open at 3:40 P.M.
In response to an inquiry from a member of the public, City Engineer Alex
Russell explained the location of the part of Elena Road being considered
for abandonment.
There being no further comments or objections, the Mayor declared the Public
Hearing closed at 8:45 P.M. -4-
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CITY COUNCIL MINUTES - June 16, 197-1
SPECIAL ORDERS (Cont'd):
Elena Road Abandonment !Cont'd):
Councilman Grabowski moved, seconded by Councilwoman Hillestad, to adopt
Resolution #961 ordering the vacation and abandonment of a portion of a
certain street (Elena Road) under the provisions of the "Street Vacation Act
of 1941." Motion carried by the following roll call vote:
AYE: Councilmen Grabowski, Proft, Councilwoman Hillestad, Mayor Cheney.
NO: NONE
ABSENT: Councilman Brown
ABSTAIN: NONE
1 b) Public Hearing: Consideration of amendment to General Plan by removing
"point of Historical Interest" designation from Summerhill and El Monte
property within Open Space Element.
Mayor Cheney declared the Public Hearing on the proposed amendment to the
General Plan open at `fl :49 P.M.
Speaking from the Floor:
Mr. Dexter Ahlgren, Consulting Engineer for the applicants, Mr. and Mrs. Ray
Rossi, addressed Council with regard to reasons they felt the designation of
a "historical point of interest" should be removed from subject property.
Mr. Ahlgren noted that information he had used to support the applicant's
contention that the point of historical interest, specifically, the Juan
Prado Mesa Adobe, was not on his property, was on file at the Bancroft Library
at the University of California, Berkeley.
Mr. Ahlgren addressed himself to the metes and bounds description of the
subject property described in a survey taken in the 19th century. He noted
that this was the only document of record which located the Adobe site, and
that it was not on the property in question. He presented several view
graphs supporting his position before Council.
There being no further comments from the floor on the matter, Mayor Cheney
declared the Public hearing closed at 9:05 P.M.
Council discussion ensued with Staff, Planning Commission Chairman, and
Mr. Ahlgren. City Engineer Alex Russell, in response to Council, stated that
he had reviewed the maps and descriptions presented, and that they appeared
to be correct and reasonable as to the approximate location of the former
Adobe site. Chairman Hahn explained that the Commission had voted to
recommend that Council keep the designation because of the conflicting
evidence presented during their public hearing. Mr. Ahlgren also responded
to Council's questions concerning bench marks used in the original survey and
whether their accuracy at this point in time was valid, and, in his
estimation, the former Adobe site was probably located at a site 800-900 feet
from the historically designated area.
Supporting Mr. Ahlgren's comments: Mr. Paul 'lowack, Los Altos, Civil Engr.
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CITY COUNCIL MINUTES - June 16, 1976
SPECIAL ORDERS (Cont'd):
After discussion and questions, Mayor Cheney summarized the background of
the subject in question, noting that the Town's Historian had researched
the former site of the Adobe, and based on the evidence presented at that
time, the City Council had designated the subject site as a historical point
of interest. Mayor Cheney explained that the Council then authorized the
Historian to proceed with getting County and State recognition of the site
on behalf of the Town.
Mayor Cheney noted that Council must make a decision this evening, after
hearing the evidence presented by Mr. Ahlgren, as to which was scientifically
more creditable in regard to the accuracy of the survey, whether the creek
had moved to any degree which might affect the present day survey as compared
to the original one for the property, and the Planning Commission recommend-
ation.
Councilwoman Hillestad moved, seconded by Councilman Proft, to adopt Resolution
#962 approving and adopting changes and amendments to the General Plan for
the Town by removing the designation of a historical point of interest
entitled "Juan Prado Mesa Adobe" from the Open Space Element. Motion
carried by the following roll call vote:
AYE: Councilmen Grabowski, Proft, Councilwoman Hillestad, Mayor Cheney.
NO: NONE
ABSENT: Councilman Brown
ABSTAIN: NONE
2. Ordinances for Adoption:
a) Ord. #231 amending LAH Municipal Code as it pertains to dog license
fees.
At the request of Council, Mr. Crowe read the Title of the Ordinance, noting
that this would bring the license fees for dogs in line with fees within the
County.
Councilman Proft moved, seconded by Councilwoman Hillestad, to waive further
reading of the Ordinance. Motion carried unanimously by roll call vote.
Councilman Proft moved, seconded by Councilman Grabowski, to adopt Ordinance
#231 by its title. Motion carried unanimously by roll call vote.
b) Ord. #232 amending LAH Municipal Code, Chapter 4, Title 9 entitled
"Subdivisions."
At the request of Council, Mr. Crowe read the Title of the Ordinance and
noted that, if adopted this evening by Council, the Ordinance would be
k considered an Urgency Ordinance, taking effect on July 3, 1976, the date
.r the subdivision moratorium expires.
Councilman Proft moved, seconded by Councilwoman Hillestad, and unanimously
carried by roll call vote to waive further reading of the Ordinance.
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CITY COUNCIL MINUTES - Jure 16, 1976
SPECIAL ORDERS (Cont'd):
Subdivision Ordinance (Cont'd):
Mayor Cheney noted that, while this matter did not require a public hearing,
Council would listen to any member of the public who wished to address any
comments they might have relative to this subject to Council.
Speaking from the Floor:
Mr. Dexter Ahlgren, Engineer, Boulder Creek: Took exception to the slope
density section of the proposed Ordinance as it pertained to lot size. lie
thought this eliminated the flexibility of developing lots in subdivisions,
and also thought there were adequate safeguards presently in force between
Staff, the Planning Commission and the City Council. He urged that this
particular section be eliminated from the proposed Ordinance.
Mr. Paul Nowack, Civil Engineer, Los Altos: Supported fir. Ahlgren's state-
ments, and cited examples of how the Ordinance, as presently written, would
cause more grading and cutting than the present Ordinance.
Mr. Norma6ergren, Broker, Los Altos Hills: Suggested that, as currently
written, the Ordinance might be in conflict with the State Subdivision Map
Act. City Manager Robert Crowe responded that the City Attorney had reviewed
the Ordinance for compliance with State Law, and that no conflict existed.
Mr. Ray S:ossi, La P1t]vma Dr.; Supporting statements of Civil Engineers who
had previously addressed Council.
Mayor Cheney noted that Council had received a letter from Mr. Alan Lambert,
Gerard Homes, Los Altos, expressing concern for the same section of the
proposed Ordinance as currently written.
Council discussion ensued relative to page 47 of the proposed Ordinance,
Section 9-4.604 b) 3, and Mr. Crowe read that section as originally proposed
and subsequently amended. After discussing the matter with Staff , Council-
woman Hillestad felt that the matter should be settled this evening, but
should be given further study and amended at a later time. After further
consideration, Councilman Proft moved, seconded by Councilman Grabowski, to
amend the proposed Ordinance, page 47, Section 9-4.604 b) 3, as follows:
"In no case shallthe average net area of the lots within the subdivision be
less than the area required by the provisions of subsection (b) (1) of this
section for a slope of up to and including forty-five percent (45%)."
Included in this motion was the direction that Staff was to present an impact
study to Council within thirty days relative to the effect of this section
as previously amended. Motion carried by the following roll call vote:
4 AYE: Ccuncilmen Grabowski, Proft, Mayor Cheney
NO: Councilwoman Hillestad
ABSENT: Councilman Brown
ABSTAIN: NONE
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CITY COUNCIL MINUTES - June 16, 1976
G SPECIAL ORDERS (Cont'd):
Councilman Proft moved, seconded by Councilwoman Hillestad to adopt Ord.
11232 as amended (above) as an Urgency Ordinance effective July 3, 1976.
Motion carried by the following roll call vote:
AYE: Councilman Grabowski, Proft, Councilwoman Hillestad, Mayor Cheney.
NO: NONE
ABSENT: Councilman Brown
ABSTAIN: NONE
Mr. Crowe commended the City Engineer and the Town Planner for the many
hours they spent in writing the Ordinance.
3. Fire Department request to proceed in abating fire hazards on certain
parcels within the Town:
Mr. Crowe noted that an additional request had been received by the Town from
the Fire District, requesting permission to proceed in abating three
additional fire hazards on private property within the Town.
Speaking from the Floor:
hir. William Henry, Elena Road: Petitioned Council relative to letter he had
t` received from the Fire District, noting that the orchard in question had not
�r been disced in fifteen years, noting that the Town's ordinance specifically
called for weed control within so many feet of a dwelling.
Discussion between Council and Staff ensued regarding what the Fire Dept.
considered a fire hazard. Council requested that the City Manager ask that
the reports from the Fire District contain a little more detail in order
for Council to determine the severity of the problem. Council also directed
the City Manager to have Staff check the purported violations and the matter
would be held over until next Council meeting for determination at that time.
Councilman Proft dicagreed that Staff should be involved in matters within
the purview of the Fire District. After further discussion, the matter was
held over to the next Regular Council meeting.
4. LANDS OF RUSSELL: Requests for Variances and Building Site Approval,
File Nos. Var. 7028-76; Var. 7030-76; Var. 7031-76, BSA 6069-76.
Mr. Crowe noted that the subject property had been subdivided prior to the
Town's incorporation, and was approximately .7 acre in size. He stated that
the Planning Commission had recommended approval of the variance request re
the numbar of homes permitted on a ,-private roa, as -.,ell as tuilding site
approval; however, the Commission reconriendad �!enial of the raruest for a
variance frou the requirements pertaining to the area for secondary dwellings.
Approval was also recommended for a variance from setback lines for the
V dwelling presently on the property.
Town Planner Ken Pastrof reviewed the above requests, presenting a viewqraph
of the property showing proposed sites. Chairman Hahn reviewed the actions
of the Planning Commission and their reasons for the recommended actions.
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CITY COUNCIL MIMUTES - June 1G, 1976
iV SPECIAL ORDERS (Cont'd):
LANDS OF RUSSELL (Cont'd):
Speaking from the Floor opposing Var. #7031-76, area requirements for
secondary dwellings:
Mr. Dave Rhus, Hillway Drive Mr. Ted Nall, Hillway Drive
Ms. Shirley Nicholas, Hillway Drive
Mr. John Riley, Engineer for applicant, addressed Council, stating that Mrs.
Russell's intention in seeking Council approval of her requests was to
upgrade her property by building a house.
Council discussion concerned the number of structures and accessory uses on
the property, Mr. Pastrof, showing slides taken of the property for Council's
information.
Councilwoman Hillestad moved, seconded by Councilman Proft, to uphold the
findings of the Variance and Permit Commission by approval r. #Jfcz 7028-76;
Var. #7030-76; and BSA #6069-76; denying Var. 7031-76. Motion caarr�ied--
unanimously by roll call vote.
F. GENERAL ORDERS & UNFINISHED BUSINESS:
cr 1. Authentication of historical sites:
Council concensus was to refer the historical sites contained in the Open
Space Element of the Town's General Plan to the Historical Society for study
and evaluation, with the request that the Society report back to Council on
their findings.
2. Proposed combining of functions - Traffic & Public Safety Committee,
Pathway Committee with Public Works Committee:
Mayor Cheney noted that he had requested that this item be placed on the
Agenda, because he had heard many comments that there were many areas of
overlapping of responsibilities of the committees in question. Because many
terms were expiring on the various committees at this time, he felt this would
be the proper time for Council to review this matter.
Councilman Grabowski thought some input from Staff was needed regarding this
matter, and suggested that the Committees might be streamlined to avoid
the overlapping of responsibilities.
Council members expressed concern that people remain involved with the
community, and the work presently done by various Standing Committees con-
tinued, and that their input be sought concerning this matter. Council
concensus was to take no action on this matter pending further Staff input,
and to extend the terms of present Committee members expiring June 30th, for
Asixty days so they could continue with work in progress.
CITY COUNCIL MINUTES - June 16, 1976
4W GEHER4L ORDERS & UNFINISHED BUSINESS:
3. City of Gilroy request for support re litigation on San Felipe water
Project:
Mr. Crowe directed Council to the request from the City of Gilroy, asking
that affected cities join with them in intervening in several court cases
which are delaying the San Felipe Water Importation Project.
Councilman Proft moved, seconded by Councilwoman Hillestad, to neither
support the City of Gilroy morally or financially with regard to their
proposal concerning the San Felipe Water Project. Motion carried unanimously
by roll call vote.
4. Appointments to Standing Committees: Held over for sixty days as a
result of Council action on Item F 2, above.
G. MF41 BUSIMESS:
1. Mayor Cheney:
a) Noted that Councilman Brown had indicated that he did not wish to
serve on the County's Transportation Commission, to which he had been
appointed. The Mayor said that, if there were no objections from Council,
fiW he would take Councilman Brown's place on the Commission. Council so
agreed.
b) Mayor Cheney also noted the receipt by Council of the resignation of
Mrs. Florence Fava, vacating her position of Town Historian.
Councilman Proft moved, seconded by Councilwoman Hillestad, to accept the
resignation of Mrs. Fava as Town Historian.
Council discussed the need to appoint a temporary Town Historian, and
concensus was to approve the appointment of Mrs. Rosemary Meyerott as
temporary Toon Historian.
c) ICC Resource Conservation District: In response to Mayor Cheney,
Council concensus was that he should vote for consolidation at the ICC
Mayor's meeting.
Mayor Cheney also noted that the ICC had requested suggested topics for
discussion at forthcoming meetings, and requested any Council member who
had such a suggestion, to contact him.
A
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CITY COUNCIL MINUTES - June 16, 1976
NEN BUSINESS (Cort'd)c
Mayor C'ieney (Cont'd):
d) Mayor Cheney acknowledged the letter of thanks received from commissioner
Schick for the flowers sent her by Council while she was in the hospital.
2. Councilman Grabowski:
a) Referencing Measure D on the ballot, asked if the Inter -City Council
and Planning policy Committee would be eliminated. Mr. Crowe stated that
this measure did not affect those bodies.
b) Noted the Memo received from the Deputy Clerk which Council had not
addressed in previous Budget Study Sessions. Mr. Crowe stated that
Council would address this request at the adjourned meeting scheduled
for June 17th.
H. ADJOURNMENT:
Council adjourned at 12:10 A.M. to an Adjourned Meeting at 3:00 P.N. on
Thursday, June 17, 1976.
Respectfully submitted,
Norma J. Hislop
Deputy City Clerk
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