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HomeMy WebLinkAbout04/02/1978CITY COUNCIL TOWN OF LOS ALTOS HILLS 26379 Fremont Road Los Altos Hills, California MINUTES OF A REGULAR MEETIMr, Wednesday, April 2, 1975 cc: Reel 75, Side 1. Tr. 2 - 225 -End Side 2, Tr. 2 - 001-3ye Mayor Stanley Grabowski called the Regular Meeting of the City Council to order at 7:30 PM in the Council Chambers of Town Hall, 26379 Fremont Road: A. ROLL CALL: Present: Councilmen Cheney (7:35). Helgesson, McReynolds (7:35), Council- woman Miller, Mayor Grabowski. Comm. Perkins for Planning Commission. Staff: City Manager Robert Crowe. City Attorney Frank Gillio, City Engineer Alex Russell, Building Inspector -Planner Ken Pastrof, Deputy City Clerk Norma Hislop Press: Los Altos Town Crier, Palo Alto Times, San Jose Hercury-News B. CONSENT CALENDAR: MOTION SECONDED AND CARRIED: Councilman Helgesson moved, seconded by Council- woman Miller and unanimously carried to adopt the items on the Consent Calendar. specifically: 1. Approval of Minutes: March 19, 1975 (Regular Reeting) 2. Approval of Warrants: $9,048.51 3. Actions of Planning Commission: a) Recommended approval of request for exemption from subdivsion moratorium for Lands of Scarff, John Riley, Engineer, File #TM2021-75. b) Approved request for lot line change, Lands of DeRosa-Stewart. Frank Pisano, Engineer, File #TM2017-74. c) Accepted tentative map, Lands of Mueller, Paul Nowack, Engineer, File #TP12019-75. C. SPECIAL PRESENTATION: Mayor rrabowski invited former Chairman Donald E. Spencer to the platform, and on behalf of the City Council, Planning Commission and citizens of the community. 'ie expressed appreciation for the years of service Mr. Spencer had given the Town. The Mayor presented Mr. Spencer with a certificate of appreciation. a plaque indicating his years of service on the Planning %W Cominission, and a mounted gavel noting his term as Chairman of the Commission. 09 CITY COUNCIL MINUTES - April 2, 1975 SPECIAL PRESENTATION (cont'd) Mr. Spencer accepted the awards, thanking everyone, and stating that it had been a pleasure working with the Council'and all the peonle he had dealt with throughout the years. D. SPECIAL REORTS: 1. Reports of Standing Committees: a) i c �urvey Report - Mrs. Irma Goldsmith, Chairwoman, Traffic & Sa PubM tety coriFniTtee, Officer Gordon Penfold: Mrs. Goldsmith noted that the Traffic Survey had been completed, and the streets which had been under question by Council when the report was first submitted had been re -studied. Because of the length of the evening's Agenda, she said a full report would not be given this evening. Officer Penfold requested that Council review the report submitted and schedule discussion on the report and recommendations for another meeting. MOTION SECONDED ATID CARRIED: Councilman Helgesson moved, seconded by Council- woman Miller to accept the Traffic Survey Report of the Traffic and Public Safety Cor.Fnittee, and to schedule discussion for the next Council meeting. The motion #6V carried unanimously. 2. Presentations from the Floor: a) Mr David Jansen Sherlock Court: Expressed concern over his safety af4 �;a�%q_b'e;�Wp�ysi�� �;7ih�;A�6d by neighbors while traveling along Moody Court. After hearing Mr. Jansen's allegations, Councilman McReynolds noted that there was a court order in force which restrained Mr. Jansen from using that road. The Mayor noted Mr. Jansen's concern and said that Staff would investigate the matter. Councilwoman Miller felt that this matter was not one for Council, but a civil matter, and should be treated accordingly. h) mirs. eltin er iscilla Lane: Asked about items on the ']MaL Consent CME r r�5a%iAnqptrne dctlunb 01 the Planning Commission. City Manager Robert Crowe explained the status of each item and which would have to appear before the Commission and Council at a later date. E . STAFF REPORTS, CORKSPONDENCE & AMNOUNCEtVITS: 1. City Hanager.: a) Underground District #2: �W Mr. Crowe noted that Pacific Gas & Electric would begin preliminary con- struction work on Underground District #2 from St. Francis Road to Aric Lane within this next week, as approved by Council several months ago. -2- CITY COUNCIL MEETING - April 2, 1975 b) ' �i2 on recommendations of Planning Commission re: Sub- AUN'siRnsbMini� ce Changes: Mr. Crowe asked Council if they would like to schedule a date for the Planned Study Session concerning the proposed subdivision ordinance changes. The Mayor suggested that he poll individual Council members for a mutually convenient time. 2. City Attorney: a) Report on Field Act: Mr. Gillio reported on the Field Act as it related to the Willard Griffin Home on the Foothill College Campus. Mr. Crowe noted that if the home were used for student -related functions, the building would have to comply with the standards of the Field Act; however, if the home were used to house historical artifacts, then the building would only have to be brought up to the Uniform Building Code. Upon question by Council as to the possibility of obtaining grant funds for this purpose, Mr. Crowe said that the Town was presently requesting the County Historical Heritage Comission to assign the Home a higher priority, in which case, funds might be available. Mr. Crowe also reported that Foothill College had indicated that the Board might be willing to participate with the Town in the building's maintenance, and possibly lease it to the Town for the Historical Society. b) Claim filed by Patricia rreenhood for personal injuries and preperty damage: Mr. Gillio explained that the matter before Council was a request to file a late claim. After reporting on the matter, the City Attorney recommended that Council deny the request. Councilman Helgesson moved, seconded by Councilman McReynolds to accept the City Attorney's recommendation and deny the request of Patricia Greenhood. [lotion carried by the following roll call vote: AYE: Councilmen Cheney, Helgesson, McReynolds, Councilwoman Miller, Mayor Grabowski NO: NONE ABSENT: NONE ABSTAIN: NONE F. SPECIAL ORDERS: I. Reguest for Variance: a) Lands of S-mith - for existing tennis court, File #7013-74 (cont'd f ro a--3—/ -1-9 7-16 ) : Building Inspector -Planner Ken Pastrof presented the background on this -3- CITY COUNCIL MINUTES - April 2, 1975 LANDS -V S variance request and what it entailed. He noted that the tennis court was completed around 1968 in violation of the Municipal Code requiring a building Permit; it violated the setback line requirements, and the fence height requirements of the Town. Mr. Pastrof said that Staff '�-li?ved t!ie construction was done without the knowledge that this type of structure required a building permit, and that they were violating the code. Because the only manner in which a tennis court could now be placed on the property would be to raze the existing structure, abandon the present drain field, connect to a sanitary sewer system, and construct a new court on the abandoned drain field, Staff recommended that the request for variance be granted. Mr. Crowe noted that the Variance & Permit Commission had recommended that the variance from the setback requirements be granted and had referred the matter to Council for approval. fir. Smith, applicant, addressed Council concerning this matter, stating that he had not been aware of the Municipal Code requirements at the time the tennis court was built. He said that landscaping plans had been sub- mitted to enhance the site for neighbors, and asked the City Attorney if there were not a limitation that applied to this matter in view of the history of the existing structure. Mr. Gillio responded that no statute of limitations existed for such violations of code. Discussion ensued between Staff and Council concerning the setback encroachments . Speaking from the Floor: Mr. ��Jt�ker IIINlt�lasa ��Mafl�fa : Noted that he had submitted a letter to C cl 06 tAi� r. I TX oun ma t his rights as an individual had been violated in that he had no privacy in his back yard, and the tennis court was in constant use with what appeared to be tennis lessons given by the son of the applicant. He expressed concern over the resale value of his home and did not feel that screening the structure would be of much help. Discussion ensued between Council and fir. Whitaker about the location of his corral, which abutted the tennis court, and whether he had known about the requirements of the Town when the tennis court was being built. At the request of Councilwoman Miller and Councilman McReynolds, re- spectively, 11r. Gillio explained "sleeping man's rights", and listed the six conditions under which a Variance may be granted by the Town under the Hunicipal Ccda, Section 9-5.1108. Mrs. Smith, 111,1.1ill op rive: Explained that she used the tennis ,�n y cour , and that her son had given tennis lessons for the past several summers in order to earn college tuition. She noted that it was not possible to see into the 14hataker's pool area from the vantage of the tennis court. -4- 16P CITY COUNCIL MINUTES - April 2, 1975 LANDS OF SMITH (cont'd): Mr. 'a' e '21" Cal Mia: Noted that as a neighbor he had not signed the WalNF jiJM65 because ot the L;oce requirements under Section 9-5. 1107 (4): "That the granting of such variance will not be materially detrimental to the public welfare or injurious to the property or im- provements in the vicinity and under an identical zoning classification." Commissioner T. Schick* As a member of the Variance and Permit Commission, Commissioner Schick n6ted that this request had been approved with the condition that the landscaping requirements be met. Council discussion ensued regarding the Code requirements, the landscaping plans, and the legal recourse of the applicant should his request be denied. Mr. Crowe said that if it was Council's desire to have Staff attempt to seek a solution, the matter could be continued until next meeting where a further report might be given. Council so agreed and the variance request was continued to April 16, 1975. b) Lands of Overstreet - Appeal on d nial by Variance & Permit Commission �W City Manager Robert Crowe noted that this matter had been continued from the Council Meeting of March 19th, and gave a brief background of the application. Commissioner Schick commented on the reason the Variance and Permit Commission had denied this request. Mr. and Mrs. Overstreet addressed f!ouncil concerning their property located on Encinal Court, and their request for a Variance. They dis- cussed with Council their reasons for choosing this site and clarified questions raised concerning the existing pad, the seasonal creek on the property, and the status of the roadway, which was a private drive. Councilman Cheney moved, seconded by Councilwoman Miller that the Council overturn the recommendation of the Variance & Permit Commission and grant the request for a variance from setback requirements for a garage -workshop for Lands of Overstreet, File #VAR7011-74. Motion carried by the following roll call vote: AYE: Councilmen Cheney, Helgesson, McReynolds, Councilwoman Miller, Mayor Grabowski NO: NONE ABSENT: MONE ABSTAIN: NONE 2. Public Hearinqs: a) Consideration of changes and amendments to Los Altos Hills General Plan (cont'd from 3/19/75): -5- 16v CITY COUNCIL MEETING - April 2, 1975 PUBLIC HEARING (cont'd): fir. Crowe commented that this item was before Council for Public Hearing for an amendment to the General Plan diagram. The proposed amendment would re -designate the creek floor only of the Adobe Creek Lodge Site on El Monte Road from "Recreation Area -Private, to Recreation Area and/or Residential. He noted that the proposed amendment would bring the General Plan into conformance with the Town's existing zoning ordinance. With the assistance of Mr. Pastrof, Mr. Crowe indicated on a map the area concerned. He also stated that the hill area beyond the creek floor was designated open space already, and was not considered as a part of the hearing this evening. Mr. Crowe also stated that the Planning Commission had held a public hearing on this matter, and that the Commission had voted to recommended approval of the proposed Resolution. At the request of Mayor Grabowski, fir. Crowe read the entire Resolution which was under consideration for adoption this evening, and also the rules under which the public hearing would be conducted. In response to a question raised by Councilwoman Miller, Commissioner Perkins indicated that the Planning Comniission's vote on this matter had been 4-3 in favor of the proposed Resolution. Mayor Grabowski asked the City Manager if there was a question this evening under this item to grant a Use Permit or to amend the zoning ordinance in any way. The City Manager responded that the only question under consideration this evening was whether or not to bring the General Plan diagram and corresponding verbiage relating to the creek floor of the area indicated on the map as Adobe Creek Lodge into conformance with the Town's zoning ordinance. Mayor Grabowski declared the public hearing open at 10:05 PM. Speaking from the Floor in support of the proposed General Plan Amendment: Mr. Donald Spencer, 27490 Sherlock Road. Mrs. Lucille Gould, Ortega Drive. Mr. William Downey, DeBell Drive Mr. William Phy, 25616 Moody Road Mrs. Mildred Gallo, LaLanne Court - speaking as President of Los Altos Hills Homeowners Association. Mrs. Irma Goldsmith, Elena Road. At 10:19 PM the Mayor asked for comments from those opposing such an amendment to the General Plan. Speaking from the Floor in opposition to the proposed General Plan Amend- ment: fir. Larry Giller, Vineda Lane. Mrs. Cindy Hettinger, Priscilla Lane - speaking as Secretary of LAH Horsemen's Assoc. Mr. J. Muncie, Apaloosa Ct. _ 6- CITY COUNCIL MINUTES - April 2, 1975 PUBLIC HEARING (cont'd): = in opposition to the proposed amendment to the General Plan Mr. David Jansen, 27440 Sherlock Road. Mr. Stacey French, Rhus Ridge Road Mr. David Kleitman, 12387 Stonebrook Mrs. Elizabeth Dana, Bassett Lane Mrs. Ruth Trechler, Los Altos - speaking for the Sierra Club Mr. Paul Zapella, 13975 LaPaloma Mrs. Laula Carsten, La Paloma Road Roger Trevato, 4995 Kenla Drive (not in Town) Mr. Nilliam McKee, Fremont Pines Lane Mr. William Zoller, Attorney - speaking on behalf of Mr. David Bellucci, owner of the Adobe Creek Lodge property. Mr. Robert Stutz, 25310 Elena Road. Mr. Chuck Gleseler, Taaffe Road. Mayor Grabowski opened the Floor to Rebuttals from each side at 11:01: Speaking from the Floor in favor of the General Plan Amendment: Mr. Fred Brutchy, Magdalena Avenue. firs. J. Carico, O'Keefe Lane �W Pis. Leslie Crintz, Galena Road Mrs. Florence Fava - clarified historical site designation on property. Mr. 14m. Phy, Moody Road Mrs. Mildred Gallo, La Lanne Court Mr. Oscar Sobel, Christopher's Lane Speaking from the Floor in opposition to the General Plan Amendment - 11:19PM: Mr. Stacey French, Rhus Ridge Road Mr. L. Giller, Vineda Lane Mr. David Jansen, Sherlock Court The Mayor declared the public hearing on this matter closed at 11:20 PH. Be- cause the time of adjournment was approachinq, Council unanimously voted to extend the adjournment time to 12:00 Midnight. Councilman McReynolds questioned Mrs. Elizabeth Dana, who had addressed Council earlier, concerning the flood plain zoning in this area. Firs. Dana responded and elaborated on her remarks, stating that she served on the Citizens Advisory ConFnittee to the Santa Clara Valley I -later District to study Adobe Creek at IS280 to Hidden Villa. Mrs. Dana again noted the area which was considered a flood plain, outlined in red on an aerial photo of that area. Councilman Helgesson also questioned Mrs. Dana, and noted that the Town would have to consider the area indicated as a flood plain area because it was under the jurisdiction of the Santa Clara Valley Water District and in view -7- 4W 16v CITY COUNCIL MINUTES - April 2, 1975 PUBLIC HEARING (cont'd : of the Federal Flood and Landslide Insurance Program. Councilman Cheney moved, seconded by Councilman Helgesson to adopt Resolution #875 approving and adopting changes and amendments to the General Plan for Los Altos Hills. Councilman Cheney commented that at the time the General Plan was adopted it was his understanding that all the land in the Town is zoned for residential/agricultural, and the purpose of the General Plan was to create land uses within the framework of this zoning. He said he thought, at that time, that when the text of the General Plan said "suited for recreation", it did not mean that it was limited to recreation, because he felt that the zoning ordinance itself was predominent over the General Plan. He said his reason for supporting this Resolution was to clarify this issue. Councilwoman Miller said her concern tonight was the preservation of the land in question within the legal means and to determine the adverse affect that this amendment to the General Plan would ultimately cause the community. She said the Moody Canyon and valley was the last vestage of what she would call a "rural environment." She said the Town could observe what the Matadero Oaks development did to the Page Mill area, and no wishing would eradicate the damage there. She said if the Town was to keep the Moody Canyon natural, it could not willingly allow the owner to subdivide his property - that the risks were too great. She noted the 80 acres above Adobe Creek which might then be open for subdivision, thus cutting off the area known as "Windmill Meadows". She said that Council had applauded the efforts of the Duvenek's to keep their area in open space, and at the same time, this evening, were opening the door to suburban encroachment. Councilwoman Miller said there was no mention in the General Plan as to the impact on the Town if a subdivision were allowed on this property, and she maintained that if the Plan were changed to allow for this type of development, then the Town must have an Environmental Impact Report to find out what the impact is. Councilwoman Miller said there were ilternitives, and named some of the alternatives that were available. She said she would not want to go on record as being a member of a Council who set the wheel in motion to destroy probably the last really rural area in the Town. The question was then called, and the motion to adopt Resolution #375 carried by the following roll call vote: AYE: Councilmen Cheney, Helqesson, McReynolds, Mayor Grabowski NO: Councilwoman Miller ABSENT: NONE ABSTAI'R: NONE -a- 40 CITY COUNCIL MINUTES - April 2, 1975 r. GENERAL ORDERS & UNFIr11SHED BUSINESS: 1. Public Works Comnittee - Consideration of Charter renewal: Mr. Crowe stated that when the Public Works Committee was formed last year, the Council had established that a review of their charges would be undertaken at the end of one year. He noted that the Committee had forwarded to Council certain recommendations regarding these charges. Mr. Uilliam Downey, Secretary for the Committep. addressed Council concerni . ng the proposed changes, which were as follows: (changes are underscored) Paragraph e: To review a financial plan �r2plr2l t�he C1 Manager for j6r gp�oji ts ip Ma maiFtenance of roads and ma roads Tor a three-year period, keeping in mind the available financial resources of the Town. Paragraph f: To review a financial plan gregr2lvXj�eo?City Manager for the critical needs related t prF nt roads Tor the next five years. Paragraph g: To review, as recommended b the i� lanager ' types and p "ori —ti y 70 L ri es of maintena nd r impr vements to existing public roads within the Town of Los Altos Hills. 04F Mr. Downey also stated that the Committee had unanimously agreed that there was much work to be done, the Committee was under way, there was good cooperation between Staff, and there were visible signs of improved road maintenance as you drive around Town. However, he felt there was still quite a bit to be done, and the Committee would therefore like to be made a permanent Standing Committee. MOTION SECONDED AND CARRIED: Councilman Helgesson moved, seconded by Council- man Cheney and unanimously carried to amend the Charges of the Public Works Committee as recommended and make it a permanent Standing Connittee. Mayor Grabowski also noted that the City Manager would schedule a meeting with the Committee for the purpose of discussinq the FY 1975-76 maintenance and drainage priorities. 1. AEspem�lio5C?nstitutional Revision 35 (Papan) relative to Public Utilities Tog is, City Manager Robert Crowe noted the letter which had been received from Assemblyman Papan requesting support for his resolution which opposed the 111% rate increase requested by the Southern Pacific Railroad before the PUC. After a brief discussion on the proposed amendment, Councilman McReynolds moved, seconded by Councilman Helgesson and unanimously carried, to %W support ACA 35 by letter. -9- 40 CITY COUNCIL MINUTES - April 2, 1975 GENERAL ORDERS (cont'd): 3. ARRointMents: Because this Item was taken out of order as it appeared on the evening's agenda, and due to the lateness of the hour, Council continued the matter of an appointment to the Planning Commission to the meeting of April 16, 1975. 1. Re or� 'scq ions to ate wi thtF112 Alto Unified School District ,:g �Ripcnj �1)5iiibN p5RFali 5T -D- i rJZt-owned lands for OpeiFspace. This matter was also continued because of the lateness of the hour since it was also taken out of the order as it appeared on the Agenda. H. MEW BUSINESS: 1. Ordinance #2�2 r �alinq Ordinance 216 relating to building permit ;ite approval fees: Mr. Crowe presented the reasons why Staff was recommending the discontinuance of the deposit system presently used and the establishment of flat fees for building permits, building site approvals, variances, and septic tanks. 4W Councilman Helgesson moved, seconded by Hayor Grabowski and unanimously carried to waive further readinq, and introduce the Ordinance by Title. [fr. Crowe read the title of the Ordinance for the benefit of Council and public. lie also explained that Staff recommended that Council set by Resolution the fees discussed. Mayor Grabowski thought it would be in order to introduce the Ordinance this evening, but that a discussion concerninri the proposed fees should be held over. Councilman Helgesson moved, seconded by Playor Grabowski, to adopt Ordinance #222. Motion carried by the following roll call vote: AYE: Councilmen Cheney, Helgesson, McReynolds, Mayor Grabowski NO: NONE ABSENT: Councilwoman Hiller ABSTAIN: NONE Councilman Helgesson moved, seconded by Councilman Cheney and unanimously carried to adopt Resolution #876 establishing a Plan Retention Fee. I. ADJOURNMENT: Council adjourned at 11:50 P.M. to their next regular meeting on April 16th. 4br Respectfully submitted, Norina J. Hislop Deputy City Clerk -10-