HomeMy WebLinkAbout07/09/1975�6r CITY COUNCIL
TOWN OF LOS ALTOS HILLS
26379 Fremont Road
Los Altos Hills, California
MINUTES OF AN ADJOURNED MEETING
Wednesday, July 9, 1975
cc: Reel 78, Side 2, Tr. 1 - 014 -
Mayor Stanley Grabowski called the Adjourned Meeting of the City Council to order
at 7:30 P.M. in the Council Chambers of Town Hall, 26379 Fremont Road:
A. ROLL CALL:
Present: Councilmen Cheney, Helgesson, Councilwoman Miller, Mayor Grabowski
Absent: Councilman McReynolds
Staff: City Manager Robert Crowe, City Attorney Frank Gillio, City Engineer
Alex Russell, Building Inspector/Planner Ken Pastrof, Commissioner
T. Schick for Planning Commission, Deputy City Clerk Norma Hislop
Press: San Jose Mercury -flews: fir. Chuck Anderson
Immediately following roll call, Mayor Grabowski announced that, because of the
appeal of Mr. Bellucci regarding the conditions imposed by the Planning Commission
AV on the Conditional Use Permit of Adobe Creek Lodge, Council had, with the consent
of the applicant, scheduled a Joint Study Session for August 15th at 2:00 P.M.
with Council, Planning Commission, and the applicant present. He noted that the
public was invited to attend, but would not be heard at the Study Session. He
stated that Council had scheduled to resolve the matter of the application for a
Use Permit for Adobe Creek Lodge at their subsequent meeting of August 20th, at
which time, the public again would be given time to state their opinions either
for or against the permit.
Councilwoman Miller objected to the length of time it was taking to resolve the
matter and suggested an earlier date for a study session on the matter. Council
discussion ensued regarding the possibility of having a quorum of Council members
present prior to the date set. A concensus -f Council indicated there could be
a quorum prior to the date set, and Council agreed to move the Study Session date
to August 1, 1975 at 2:00 P.M., with the consent of the applicant, with Council
resolution scheduled for the Regular Meeting on August 6th, if at all possible,
with the Mayor noting the number of items already scheduled for that evening's
Agenda. Mayor Grabowski also noted that those members of the public in the
audience this evening would be given a chance to speak for or against the permit
at this evening's meeting at the regularly scheduled time, and then discussion
would be closed until Council took the matter up for action at a future meeting.
B: CONSENT CALENDAr:
1. Approval of Minutes: June 4, 1975 (Regular Meeting)
` LANDS OF MORTON:
eA reques of Councilman Cheney, Staff checked the tape of the Minutes of
June 4th to see if a requirement for a path easement had been included in
the motion made by him. The research indicated that no such requirement had
been made; therefore, Councilman Cheney moved to amend his motion to add this
CITY COUNCIL MINUTES - July 9, 1975
CONSENT CALENDAR (CONT"D):
asa requirement for building site approval. Motion failed for lack of a
second.
Councilman Helgesson, after discussion, moved to approve the Minutes of
June 4th as transcribed, and Item 2, Resolution 889 accepting certain street
improvements, Street Overlay Program. Councilwoman Miller seconded the
motion, which carried by the following roll tali vote:
AYE: Councilman Helgesson, Councilwoman Miller, Mayor Grabowski
NO: Councilman Cheney
ABSENT: Councilman McReynolds
ABSTAIN: "!ONE
3. Deferred CONSENT CALENDAR ITEMS FROM July 2, 1975:
a) Lands of Blanton, File #BSA, Harrison & ASSOC., Engineers:
Planning Commissioner T. Schick requested Council to amend the condition
concerning in -lieu pathway fees for Lands of Blanton to include "not to
exceed the cost of installation of a gravel path." She noted that at the
time the motion was made on this property, it was thoeg''.t this statement
L
was included, but that research revealed the contrary.
Discussion ensued between Staff, Council and Commissioner Schick regarding
this request. Councilwoman Miller moved that Condition 6, Lands of
Blanton, be amended to read:
"6. Extend and continue the present path along Purissima boundary of
property and the payment of a path -in -lieu fee NOT TO EXCEED THE COST OF
INSTALLATION OF A GRAVEL PATHWAY."
The motion was seconded by Councilman Helgesson and carried by the
following roll call vote:
AYE: Councilmen Cheney, Helgesson, Councilwoman Miller, Mayor Grabowski
MJO: NONE
ABSENT: Councilman McReynolds
ABSTAIN: NONE
b) Conditional Use Permit, Owlwood Farms, O'Keefe Lane, Frank Ugie,
Owner, File #CU8007-75:
Commissioner Schick said that the Variance and Permit Commission had
raised a question at their previous meeting regarding how the approval
of a Conditional Use Permit at the Planning Commission level would be
affected when such permits were approved with non -conforming buildings
on properties in question.
City Attorney Frank Gillio stated that if there is a non -conforming
structure, it must comply with the Town's Ordinance which calls for the
abatement of said structures in January 1976, and this would not
-2-
CITY COUNCIL MINUTES - July 9, 1975
DEFERRED CONSENT CALENDAR ITEMS (cont'd):
OWLNOOD FAR11S (cont'd):
necessarily have to be stated in the granting of any Conditional Use Permit.
Speaking from the Floor:
Commissioner Carica, Chairman, Planning Commission: Noted that Planning
Commission had raised this question for informational purposes.
Councilman Helgesson moved, seconded by Councilman Cheney that the Conditional
Use Permit for Owlwood Farms be granted subject to the conditions imposed by
the Planning Commission. Motion carried by the following roll call vote:
AYE: Councilmen Cheney, Helgesson, Mayor Grabowski
NO: NONE
ABSENT: Councilman McReynolds, Councilwoman Hiller (8:14 - 8:19 PM)
ABSTAIN: NONE
c. Lands of Nestwind Farms, File #TM2025-75, Paul Nowack, Engineer:
Commissioner Schick raised a question regarding the guest cottage on this
parcel of land, and whether, by virtue of subdividing the land, this
cottage would now become a non -conforming use.
City Manager Robert Crowe responded, stating that the applicant had indicated
that the kitchen facilities would be removed from the guest cottage at this
particular point in time. Discussion ensued between Staff and Council relative
to secondary dwellings as permitted in the Municipal Code.
Mr. Gillio rendered his legal opinion that if a use became illegal or non-
conforning by reason of land division, then this use would have to cease at
that time.
Councilwoman Miller said that this matter should be taken up in January, at
which time all non -conforming uses would be reviewed by Council.
Councilman Cheney moved, seconded by Councilman Helgesson to approve the
Tentative Map, Lands of Nestwind Farm, subject to conditions recommended by
the Planning Commission. Motion carried by the following roll call vote:
AYE: Councilmen Cheney, Helgesson, Councilwoman Miller, Mayor Grabowski
NO: None
ABSENT: Councilman McReynolds
ABSTAIN: None
C. STAFF REPORTS, CORRESPONDENCE AND ANNOUNCEMENTS:
1. City '7anagar:
a) Pians a Specifications, East Barron Creek Improvements:
-3-
CITY COUNCIL MINUTES - July 9, 1975
STAFF REPORTS (Cont'd):
City Manager Robert Crowe noted that Council had before then the plans
and specifications for improvements to East Barron Creek which had been
prepared by Mr. Paul Nowack, who had been retained by Council last year
as part of the Storm Drain Improvement Project of the Town.
Speaking from the Floor:
Mr. Paul Nowack, Engineer: Addressed Council noting tho flooding which
had occurred within the Town in the vicinity of Snell Lane and Fremont
Pines Lane in the section known as the East Branch of Barron Creek, and
informed Council of the plans to improve the drainage in this area. He
said that talks had been held with the City of Palo Alto, who also planned
to improve the section of the creek within their city boundary. He also
stated that every precaution would be taken to safeguard trees and the
private property in the area of improvement.
Mayor Pro Tem Helgesson stated that Mr. Nowack, City Engineer Alex Russell,
neighbors and he had walked the area slated for improvement, and that
everyone had agreed ultimately that this was the way to go, and as long
as the Town had the cooperation of the City of Palo Alto, this would be
the time to get things done.
Councilwoman Miller expressed her delight that things would now be
getting underway in view of the numerous delays in the past. She moved
that Council adopt Resolution #890 ordering the performance of certain
work. The motion was seconded by Councilman Cheney, and passed by the
following roll call vote:
AYE: Councilmen Cheney, Helgesson, Councilwoman !tiller, Mayor Grabowski
NO: None
ABSENT: Councilman McReynolds
ABSTAIN: None
D. SPECIAL ORDERS:
1. Ordinances for Adoption:
a) Ordinance #224 adopting by reference certain Uniform Building,
Plumbiny and Electrical Codes, including Appendix thereto (Second
Reading).
City Manager Robert Crone noted that the Ordinance before Council tonight
had been introduced at a previous meeting. Fie stated the purpose of the
Ordinance, which was to update the Municipal Code by adopting the more
recent Uniform Building, Plumbing and Electrical Codes, thereby making
the Code consistent under the law.
`. Mayor Grabowski declared the public hearing on the proposed Ordinance
open at 8:28 P.M. There being no comments or objections from the floor,
the Mayor closed the Public Hearing portion, and returned discussion to
Council at 8:29 P.M.
-4-
160 CITY COUNCIL HIHUTES - July 9, 1975
Mr. Crowe read the title of the Ordinance, namely: "An Ordinance of the
Town of Los Altos Hills amending Chapter 1 of Title 8 to adopt by reference
the 19:3 edition of the Uniform Building Code, including the Appendix
thereto, the 1974 supplement and the Uniform Building Code Standards, 1973
edition; adding Chapter 1.1 to Title 8 to adopt by reference the Uniform
Housing Code, 1973 edition; amending Chapter 2 of Title 8 to adopt by
Reference the 1971 edition of the National Electrical Code; and amending
Chapter 3 of Title 8 to adopt by reference the Uniform Plumbing Code, 1973
edition, respectively, of the Los Altos Hills Municipal Code."
MOTION SECONDED AMM CARRIED: Councilman Helgesson moved, seconded by Councilwoman
Miller and unanimously carried to waive further reading of the Ordinance.
Mayor Grabowski then questioned p. 9 of the proposed Ordinance, specifically
the fee of $5.50 for a permit for trailer spaces, asking if the Tom did
not prohibit trailers.
fir. Crowe stated that this fee was as established in the Uniform Plumbing
Code, and this was the fee that would be paid if the Town did allow such
a use. He said this fee was not chargeable to residents who owned a
trailer for recreational uses and kept the vehicle parked on their property.
f` Councilman Helgesson moved, seconded by Councilman Cheney to adopt
Ordinance #224. Motion carried by the following roll call vote:
AYE: Councilmen Cheney, Helgesson, Councilwoman Miller, Mayor Grabowski
NO: None
ABSENT: Councilman McReynolds
ABSTAIN: None
City Manager Robert Crowe requested Council to hear one other Item under STAFF
REPORTS this evening since the matter would not take long and in view of the fact
that there would be no Council meeting held on July 16th. With the consent of
Mr. Bellucci, whose Ilse Permit was next on the Agenda, Council so agreed.
STAFF REPORTS:
2. Improvements for Taaffe-Elena intersection.
Mr. Crowe stated that Council had directed that plans and specifications for
this intersection be prepared for the Council meeting of July 16th. He said
he had negotiated with the owner of the property where a right-of-way was
needed, and the owner, fir. Calvo, was willing to donate the right-of-way to
the Town. He stated that the City Engineer Alex Russell had prepared drawings
indicating the improvements planned. Staff was now requesting approval of
Council to proceed with these improvements, and at the same time to direct
Staff to proceed with the overlay as previously approved.
`. Councilman Helgesson moved, seconded by Councilwoman Miller that Staff be
directed to proceed with the Taaffe-Elena intersection road improvements,
and the overlay program as previously approved by Council. Motion carried
-5-
`, CITY COUNCIL MINUTES - July 9, 1975
STAFF REPORTS (Cont'd):
by the following roll call vote:
AYE: Councilmen Cheney, Helgesson, Councilwoman Miller, Mayor Grabowski
NO: None
ABSENT: Councilman McReynolds
ABSTAIN: None
SPECIAL ORDERS (Continued):
2. Conditional Use Permit, Adobe Creek Lodge, D. Bellucci, Owner, File #
CU8004-74 (Continued from July 2, 1975):
Mayor Grabowski restated, for those members of the public who were not present
at the beginning of the Meeting, that the applicant for this Use Permit had
agreed to meet with Council, Planning Commission and Staff for a Study Session
which had been scheduled for August 1, 1975 at 2:00 P.M. in the Council
Chambers. He said, however, that Council would hear this evening those members
of the public who wished to speak either favoring or opposing the granting of
this Conditional Use Permit.
Councilman Helgesson asked if some record would be given of citizens who had
written to the Town either favoring or opposing this matter.
lir. Crowe responded that Staff would be glad to prepare a re -cap of the
correspondence received for Council information, and that the file of such
correspondence would be available for any member of Council who wished to
review it. Fie said this recap would be available prior to the Study Session.
Council agreed by concensus to a numerical count of correspondence received
either for or against, as long as the actual file were readily available for
reference.
Speaking from the Floor favoring Conditional Use Permit Adobe Creek Lodge:
None.
Speaking from the Floor opposing Conditional Use Permit Adobe Creek Lodge:
Mrs. Alma td0od Stonebrook Drive: Noted that only 5% of Club membership were
residents 0 the Town, and that many of the facilities offered were also
available at Foothill College.
Mrs. Patricia Standring, Cortez Lane: Felt Permit, as presented, was too
commercial for the Town and urge Council to deny request.
Mrs.Lu
tcille Gould OrPlate a Drive: Spoke regarding zoning laws of the Town and
e Townen
s Gera n.
Ao r Mrs Carol Phy, Pioody Road: Concerned about commercial aspects of Permit.
Mr. Steve Mc Reynolds Moody Road: Addressed himself to State Law and previous
court decision concerning such applications, stating that Council did not
have to grant the applicant anything if they did not choose to do so. He
felt consideration should be given to townspeople whose property would be
most affected by Permit. Urged elimination of picnics and special events.
-6-
M CITY COUMCIL MINUTES - July 9, 1975
Mn Ann Spencer Sherlock Court: Asked questions pertaining to Study
Session, which P1ayor answered.
Mrs. R. Doborickan, P400dy Road: Against picnics and special events on
grounds of Adobe Creek Lo ge. Also thought question of sewage was a
very important in this consideration.
Dr. Hest, P1ood, Road: Objected to large picnics and special events because
of problems which have occurred in the past; otherwise, he stated he had
no objection to the granting of the Conditional Use Permit if Club was
limited in size.
At this point in the meeting, the Mayor declared a ten minute recess. When
Council reconvened, Mayor Grabowski addressed the public, stating that Council
was interested, at the present time, in determining whether the residents of the
Town were for this type of land use, or against such a use. Pte also noted that
prior to Council action on the matter, the citizens would have the opportunity to
address the conditions.
Speaking from the Floor opposing Conditional Use Permit:
Ptr. Dob Poole, lloody Road: Questioned Council as to whether the Club
could be required to eliminate picnics as a permitted use. City Attorney
Frank Gillio responded that the Club would have to conform to any con-
ditions required by the Town.
Ir. Piilliari Zoller, Attorney for the applicant spoke concerning the
comments heard this evening relative to picnics and special events. Pie
stated that picnics and the special events would not be conducted after
January 1, 1976, and that the application filed for the Conditional Use
Permit so stated.
h1r. David Proft, Mood Road: Spoke regarding traffic conditions on Moody
Road, and subm d a picture to Council showing an example.
There being no other person who wished to speak opposing the application, the
Mayor said Council would now hear anyone who had arrived late who wished to speak
in favor of the Permit:
Speaking from the Floor favoring the Conditional Use Permit:
P1rs. P1. Saviano Corte Madera Lane: Did not feel Town's zoning Ordinance
was threatened by a owing this use, and felt there was a need for this
type of activity for some members of the community. Urged Council to
handle this matter objectively.
Mr. R. Stutz, Elena Road: Felt that such a Club, if properly handled,
could be a facility the citizens of the community could be proud of.
Speaking from the Floor opposing:
-%M�d Plrs Alma Wood Stonebrook Drive:
firs. Lucille Gould, Ortega Drive:
Mayor Grabowski thanked citizens for their comments and declared the issue
closed for further discussion and noted again the date and time set for a Study
Session. -7-
CITY COUNCIL MI,1UTES - July 9, 1975
E. GENERAL ORDERS AND UNFINISHED BUSINESS:
1. Nomination and appointment to Planning Commission: Fill unexpired
term of Comm. Phillips to 6/30/77:
Mayor Grabowski stated he would accept nominations from Council to fill
the vacancy on the Planning Commission.
Councilman Cheney nominated Mr. David Proft.
Councilwoman Miller nominated Mr. Jitze Couperous.
There being no further nominations, the Mayor declared the nominations closed.
He requested to know whether Council wished to vote by ballot or voice vote.
Council agreed to a voice vote, and the Mayor asked the Clerk to call roll
call on the nominees in chronological order:
Mr. Jitze Couperous:
AYE: Councilwoman hiller
NO: Councilman Cheney, Helgesson, Mayor Grabowski
ABSENT: Councilman McReynolds
ABSTAIN: "Ione
Mr. David Proft:
AYE: Councilmen Cheney, Helgesson, Mayor Grabowski
NO: Councilwoman Miller
ABSENT: Councilman McReynolds
ABSTAIN: None
The Clerk declared Mr. Proft appointed to the Planning Commission by
majority vote of Council.
Councilwoman Miller requested that the record show that Council had again
voted on an important issue with Councilman McReynolds absent.
F. NEN BUSINESS:
1. Councilman Helgesson:
Councilman Helgesson reviewed problem of transportation for school children
from the Town, reading a portion of a letter sent to the County Transportatior
Committee requesting more arterial routes within the Town. He said that the
Committee had recomnened that the Town be apprised that more bus service was
not possible at the present time, but the question would be reviewed as more
busses became available. Council discussion ensued regarding this decision,
and possible avenues of approach to solve this problem.
ti G. ADJOURNMENT:
Council adjourned at 10:15 P.M. to an Adjourned Meeting on August 1, 1975 at
2:00 P.M. for the purpose of a Study Session on Adobe Creek Lodge Use Permit.
Respectfully submitted,
"B- Norma J. Hislop
Deputy City Clerk