HomeMy WebLinkAbout09/17/1975AW
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CITY COUNCIL
WIN OF LOS ALTOS HILLS
26379 Fremont Road
Los Altos Hills, California
MINUTES OF A REGULAR MEETING
Wednesday, September 17, 1975
cc: Reel 80, Side 1, Tr. 1 - 001 -End; Side 2, Tr. 1 - 001-103
Mayor Stanley Grabowski called the Regular Meeting of the City Council to order
at 7:30 P.M. in the Council Chambers of Tovm Hall:
A. ROLL CALL:
Present: Councilmen Cheney, Hetgesson, McReynolds, Councilwoman Miller,
Mayor Grabowski
Staff: City Manager Robert Crowe, City Attorney Frank Gillio, City
Engineer Alex Russell, Town Planner Ken Pastrof, Commissioner
J. Carico, Deputy City Clerk Norma Hislop
Press: PalSanoJoseoMercury-Nrr. ews:Buzz Mr. DaEggleston
Dave Goggins
D. CONSENT CALENDAR:
At the request of Mrs. T. Schick, Item 8 2 was removed from the Consent
Calendar for separate consideration.
MOTION SECONDED AND CARRIED: Councilman Hetgesson moved, seconded by Councilman
Cheney and unanimously carried to approve the remaining items on the Consent
Calendar, specifically:
1. Approval of Minutes: September 3, 1975 (Regular Meetinq)
3. Actions of Planning Commission:
Recommended apnrovai of Conditional Use Permit for secondary dwelling,
as recommended by Staff, LANDS OF NESTI=HIND FARMS, File #CI18008-75.
4. Resolutions for Adoption:
Resolution #902 declaring intention to vacate and abandon a portion of
a certain street under the provisions of the "Street Vacation Act of
1941", Section 8300 et. seq of the Streets and Highway Code. (Portion of
Robleda Road east of Alta Tierra).
ITEMS REMOVED FROM CONSENT CALENDAR FOR SEPARATE CONSIDERATION:
City Manager Robert Crowe and City Engineer Alex Russell responded to
questions raised by Mrs. Schick and Mayor Grabowski concerning travel
expenses and fees for legal advertising.
MOTION SECONDED AND CARRIED: Councilman Helgesson, seconded by Councilman Cheney
and unanimously carried to approve the Warrant List as presented.
( CITY COUNCIL MINUTES - September 17, 1975
AW
C. SPECIAL REPORTS: None
D. STAFF REPORTS CORRESPONDENCE AND ANNOUMCEMENTS:
1. On- Site Assistance Pian - Office of Emergency Services:
Mr. Frank Holt, Emergency Services Coordinator for the County of Santa Clara,
havee
econcerning the On -Site Assistanhat he ceiPlan uld sasrprepaany redsby thetions County.
ouncil might
County,
In response to a question from Mayor Grabowski, Mr. Holt explained that the
time schedule included in the Plan was a time frame set up for the adoption
of anEmergency Services Ordinance, and that meetings of the Emergency
Counc iuld be t the needsofthe Townshouldanydisaster
ltimes
year
that
those
involved
betterableto meet occurWould be
Mr. Holt also noted that to be eligible for surplus equipment from the Federal
Government, it is necessary to have an updated plan and ordinance, and these
must be updated every two years after their adoption. He cited several
cities within the County where such surplus equipment, such as generators,
was in use.
f Consent Cumcil accepted the On -Site Assistance Plan as prepared, and directed the
tCalendar Calto eare- a Resolution of ndar first meeting inAOctoberCe to be placed on the
2. City Manager:
a) Mr. Crowe informed Council of a letter received from Supervisor
Geraldine Steinberg in which she requested that the Town Council join
with her and representatives from Kaiser Permanente in a forum to be
held at the Monte Vista High School Cafetorium on October 4th relative
to community problems.
Mayor Grabowski felt this would be a good meeting for any Council member
to attend who was able, and also requested that the Environmental Design
Committee and the Noise Abatement Committee be requested to delegate a
representative to attend.
b) Mr. Crowe also noted that a letter had been received from Dr. Dunn,
Chancellor of Foothill College, requesting that the Council meet with
the College District Board regarding Environmental Services.
Mayor Grabowski requested that Mr. Crowe poll Council members by phone
with several alternate dates suggested by the Board for a meeting.
c) Mr. Crowe announced that Dr. George Alexander, Dean of the Santa
Clara University School of Law, had consented to present the case for
the Town before the Board of Supervisors on October 7th. Mr. Crowe
„ said that a letter had been sent to the Board of Supervisors requesting
a confirmation of the date and time on their Agenda for this presentation
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60 CITY COUNCIL MINl1TES - September 17, 1975
STAFF REPORTS CORRESPONDENCE A ANNOUNCEMENTS (Cont'd):
d) Mr. Crowe reported that he had held meetings with the City of
Los Altos and the County of Santa Clara regarding the pathway problem
on Summerhill Road. He stated that the County would be drawing up
plans for a pathway that should be completed within the week, and he
would be able to come back before Council with a closer proximation of
the Town's portion for this pathway
3. City Attorney:
Mr. Gillio announced that a meeting was scheduled for September 23rd
with the City of San Jose and other City Attorneys to discuss the possible
revision to the Sales and Use Tax Ordinance.
4. Councilman Helgesson:
Reminded Council and public of the Bicentennial Program to be held at
Flint Center, DeAnza College on Saturday night beginning at 7:30 P.M.
He said the program that was planned was a good one, and he hoped the
Town would support this effort by the Bicentennial Committee.
TAKEN OUT OF ORDER AS THEY APPEAR ON THE AGENDA:
F. GENERAL ORDERS AND UNFINISHED BUSINESS:
2. Request of Planning Commission:
Chairman Carico, representing the Planning Commission read the motion
which had been made at the last Commission meeting: "That the Commission
express to the Council its concern about the non -conforming uses being
terminated on January 26, 1976 as there are many problems associated
with this termination of which the Commission is aware. He request
Council to advise us of action to be taken in order to make this term-
ination of non -conforming uses a smooth one." Commissioner Carico said
she thought the motion was self-explanatory.
City Attorney Frank Gillio said it appeared that this would be an
enforcement problem on the Administrative level. He said he was preparing
a report on this matter for Council for the second meeting in October.
Council concensus was that any discussion on this matter should be
held until the Staff Report was submitted to Council.
E. SPECIAL ORDERS:
1. Ordinances for Adoption:
Ordinance #226 amending subsection (b) of Section 4-2.116 of Chapter 2
of Title 4 weed abatement), and subsection (c) of Section 6-4.119 of
Chapter 4 of Title 6 of the Los Altos Hills Municipal Code (septic tank
permits).
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CITY COUNCIL MI"UTES - September 17, 1975
SPECIAL ORDERS (Cont'd):
ORDIMAKES FOR ADOPTION (Cont'd):
City Manager Robert Crowe stated that the Ordinance before Council had been
introduced at the last meeting of Council and was before them this evening
for public hearing and, if desired, adoption. At the request of Council,
Mr. Crowe read the title of the proposed Ordinance, which would simplify
weed abatement procedures at the Administrative level, and restrict the
lenth of be used
thegapplicantewould phavtice t kreq est the ermit lissuance ofoanothone eraear after which
permit.
Mayor Graboa:ski declared the Public Hearing on the proposed Ordinance
revision open at 8:36 P.M.
Speaking from the Floor:
Mrs. T. Schick, Weston Road: Requested clarification of her understanding
as to who, could expect la�more leffective handy was lf
ingof thle for e t
weed problems nwhether
around Town.
Discussion ensued between Staff and Council regarding enforcement procedures,
and whether the Fire District conducted regular and routine investigations
regarding weeds which might be a fire hazard, or whether the District just
responded to concerns of citizens by reports taken on an individual basis.
When asked by Mrs. Schick what recourse citizens had to possible fire hazards
Mr. Crowe said the citizen should call the Fire District on any specific
case.
There being no further torments from the Floor, the Mayor declared the Public
Hearing closed at 8:45 P.M.
Councilman Helgesson moved, seconded by Councilwoman Miller and unanimously
carried to waive further reading of the Ordinance.
Councilman Helgesson moved, seconded by Councilwoman Miller to adopt
Ordinance #226. Motion carried by the following roll call vote:
AYE: Councilmen Cheney, Helgesson, McReynolds, Councilwoman Miller, Mayor
Grabowski.
NO: NONE
ABSENT: NONE
ABSTAIiI: NONE
2. Conditional Use Permit - Adobe Creek Lodge: Use Permit as prepared by
City Attorney:
Mr. Gillio stated that he had prepared an initial draft of the Use Permit
Document for Adobe Creek Lodge which had been distributed to Council and
the applicant's attorney, Mr. lqilliam Zoller. This document essentially
grants the permit and states the terms of the permit. lie said that a meetinc
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t CITY COUNCIL MINUTES - September 17, 1975
CONDITIONAL USE PERMIT - ADOBE CREEK LODGE (Cont'd):
had been held with the City Manager, Mr. Bellucci, Mr. Zoller and himself
to go over the Permit, and some questions had been raised which Council
would need to clarify. He suggested that in order to resolve these questions
that Council no over the Permit pane by page.
Following are the concerns raised by Mr. Gillio and Mr. Zoller and Council
resolution of the matter:
Page 1: Mr. Gillio said that questions had been raised regarding the term
"effective date", not only on page one, but as it appeared throughout the
Use Permit.
Council concensus was to make the effective date the day following the day
all the conditions had been complied with and approved by Council.
Page 2: Paragraph 2 (e), Paths and Trails - Mr. Gillio recommended that
.o"C unciT stipulate some time frame for the completion of this item. Mr.
Zoller said that the applicant was willing to dedicate the trails and ease-
ments, but was concerned about the time of year, and whether improvements
could be completed prior to the effective date. Mr. Zoller suggested that
this condition be removed from this section of the Use Permit and placed
under 9. Mr. Gillio stated that he did not see any problem with the
recommendation made by Mr. Zoller. (COUNCILMAN MCREYNOLDS LEFT CHAMBERS
AT 8:58 Pi).
Concensus was to agree to this request and place this Item under 9 of the
Use Permit.
Page 44: Paragraph (h) - Regarding the term "engineering evaluation", Mr.
Zoller said it was his belief that items (i), (ii), and (iii) under this
section that Council had meant that these should be included in a study,
but that nothing had to be done unless that study showed it was necessary.
Council concensus was that this was the intent of Council.
Pane 6: Paragraph 5 - Mr. Zoller raised questions pertaining to the
wording of this paragraph and suggested certain changes. Mr. Gillio stated
that the wording contained in this paragraph was generalized, and the
same as he had used for other use permits.
Council concensus was that there was no obiection to the language as stated
in the Use Permit.
Pale 7: Paragraph 7, lines 3 and 4, Mr. rillio said, contained a typo-
L dr -ate of issuance...."l error, and s�oould bITHIN ONE YEAR FROM THEhin one EFFECTIVE DATE..."r from the
`r Page 9: Paragraph 9 (a) - Mr. Gillio said this item should read as follows:
T
Close the Club one day during each calendar week and observe the following
maximum hours and rules of operation:"
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L CITY COUNCIL MINUTES - September 17, 1975
CONDITIONAL USE PERMIT - ADOBE CREEK LODGE (Cont'd):
Page 8: Item (iii), line 6 and following, should be changed to read:
'tr hose other days on which special Club events or outside activities are
held, between 10:00 A.M. and midnight; provided, however, that on those
days on which special Club events or outside activities......"
Page 10: (c) - Ouestions were raised concerning the terms "peace or
security officer", and whether this could be an employee of the Club.
(COUNCILMAN MCREYPIOLDS RETURNED TO CHAMBERS 9:26 P.M.)
After discussion, Council concensus that the language should stand as
written, with the exception of line three, which should read as follows:
"..or security officers approved by the Town Manager ......
Page 11: line 2 should read as follows: '...Team Manager shall be provided."
(e) - Council concensus was to change the wording to read, "Limit
the number of family memberships for the Club to a maximum
of seven hundred and fifty (750) which $X$11 may consist Of
01tAof of two classes....."
(g) - Correct typographical error: "Provide the Town once each
year...."
6W Page 12: Paragraph (j) Concensus of Council was that this paragraph should
read: "Have the right to upgrade the two tennis courts....."
Page 13: Paragraph (m) Council concensus was to clarify the wording through
the insertion of punctuation, thus: "lithin the time schedule,
approved by the City Council of Town prior to the effective date
of this Use Permit_ and at its expense carry out and complete...."
Page 14: Paragranh (q), Item ii. ilr. 7oller requested clarification on
the word "remove" in this paragraph as it related to the office.
After discussion, Council concensus was to remove the word "office" from
Item (ii), fourth line.
Paragraph (s)- Council concensus was to change this paragraph
regarding insurance to provide a single limit of One Million
Dollars ($1,000,000.00).
Paragraph (t)- Council concensus was to add "no exterior
amplification of sound" to this paragraph.
Paye 15: Paragraph (w) Council concensus was to delete the word "rent"
or hental" from this paragraph and confine the definition to the
word "use". This would apply to the four structures and seven
L dwelling units
v Page 16: Paragraph 10 - Regarding this paragraph, Mr. Gillio offered the
Council several alternatives: Council could retain the language as it is
presently stated and require the filing of a parcel map either now, or at
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[ CITY COUMCIL MINUTES - September 17, 1975
CONDITIONAL USE PERMIT - ADOBE CREEK LODGE (Cont''
Page 16• Paragraph 10 (Continued):
some time in the future. Another alternative was to change this condition
to ailoo-i the leasing of the entire property and the retention of the one
house by the owner and reserving the right to the owner to lease the second
dwelling.
t with the
er
Zoller said
the manytproblemslinherent innfilingmeanparcel map attthisalternative
the time.
Speaking from the Floor:
Chairman J Carico representing Planning commission:
Commissioner Carico stated that the Planning Commission's position, on the
advice of the City Attorney was that, in order to avoid subdivision, that
the land remain one contiguous parcel and that the use of the two dwellings
only be permitted the applicant. Mrs. Carico said, however, that in the
document before Council this evening, nothing addressed the sub -leasing of
the property.
fir. Gillio said he thought if Council was going to include all of the
property, then Council would have to discuss and address the matter of what
is going to be done with the two houses that would be put back in, or how
these houses would be utilized.
Mayor Grabowski stated that he was of the opinion that the entire property
should be included under the lease, and any arrangement that the owner of the
property wishes to make with the Club is his business.
In response to a question from the Mayor as to the Commission's recommendation
on the removal of picnic tables in excess of 25, Commissioner Carico stated
that it i?as the Commission's feelings that the picnics were the areas which
caused the biggest problems.
Commissioner Carico noted that on pane 12, Paragraph (.7), there was no
indication of the maximum number of tennis courts to be allowed, but the
Commission had recommended that maximum to be ten.
Council concensus was to instruct the City Attorney to insert that in
addition to the two existing tennis courts, there shall be a maximum number
of ten additional courts allowed.
In response to questions raised by Commissioner Carico regarding additional
parking spaces, fir. Gillio said that he had provided in the Use Permit that
no additional parking spaces would be allowed until an evaluation had been
completed which would indicate a need for them.
Commissioner Carico also stated that the Commission had recommended on
page 10, Paragraph (v), that the .Club should not receive more than five
(5%) percent of its gross income per year from outside activities.
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6V CITY COUNCIL MINUTES - September 17, 1975
CONDITIONAL USE PERMIT - ADOBE CREEK LODGE (Cont'd):
Commissioner Carico (Cont'd):
After further discussion, Council concensus was to retain the ten (10%)
percent allowed in the Use Permit as written.
Regarding Page 15, Paragraph (w), buildings, Commissioner Carico raised
questions regarding the non -conforming uses of the dwellings.
Mr. Gillio responded, stating that Council was dealing with a Use Permit,
which is the allowance of the use of property for a specific purpose. In
conjunction with that, Council could allow for auxilliary uses. He said the
problem Council faced now was that, for the life of the Use Permit, would
the Town allow any use to be made of those residential dwellings on the
nronerty. If not, Council would clearly have to specify that they must be
removed or converted to other uses. If it was Council's decision to allow
the structures to remain and their use in connection with the Use Permit,
not because they are a non -conforming use; not because they are a residential
use; but in conjunction with the Use for which the Permit is granted, then
Council had that authority.
Councilwoman Miller stated that she did not think a Club of this size could
exist without someone living on the grounds to maintain and police it.
Mayor Grabowski stated that he would hold this item in abeyance and hear
comments from the Floor at this time.
Sneaking from the Floor:
Mrs. T. Schick Ilestan Road: Stated that the Planning Commission had made
the ret atrons it a regarding the buildings on the property in order
to avoid any possible violation of the Town's zoning ordinance.
Mr. David Proft Pbo�dy Road: Addressed Council regarding the paths and
trails; requeste tat— the Noise Abatement Committee review the noise
generated by equipment used on the Club premesis; addressed the hours of the
Club as they pertained to outside activities, and agreed with Mrs. Schick
regarding the Town's zoninn ordinance.
Mrs. M. Saviano, Corte Madera Court: Addressed Council regardingpaths re-
queste by t e own an requeste that it be taken into consideration that it
took several years to become knowledgeable about pathways after being
appointed to such a Committee. Also added that for a club of this size it
would require many people to maintain it, and urged Council to stay within
reason when considering these conditions.
Mr. Thomas McRe nolds, Mood Road: (NOTE FOR RECORD: Councilman McReynolds
a previous7y state tat a wou d abstain from voting on this matter upon
4W the advice from Counsel. He is addressing Council as a resident of the Town
only.) Felt that in its present form, the Use Permit was violating the
zoning ordinance. Urged Council to weigh matter carefully because of the
many dwelling units located on the nroperty.
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CITY COUNCIL MINUTES - September 17, 1975
CONDITIONAL USE PERMIT - ADOBE CREEK LODGE (Cont'd
After further discussion and deliberation between Council members,
City Attorney, and Mr. Zoller, the following motion was made:
Councilman Cheney moved, seconded by Mayor Grabowski, to include on
Page 16, Paragraph (w), wording which would limit the number of
residences which can be used for human habitation to two; those being
defined as the residence of the owner and the residence on the hill.
Motion carried by the following roll call vote:
AYE: Councilmen Cheney, Helgesson, Mayor Grabowski
N0: Councilwoman Miller
ABSENT: NONE
ABSTAIN: Councilman McReynolds
Councilman Helgesson moved, seconded by Mayor Grabowski to adopt
Resolution q 905 approving Conditional Use Permit, Adobe Creek Lodge,
as amended. Motion carried by the following roll call vote:
AYE: Councilmen Cheney, Helgesson, Mayor Grabowski
MO: Councilwoman Miller
ABSENT: NONE
ABSTAIN: Councilman McReynolds
F. GENERAL ORDERS AND UNFINISHED BUSINESS:
1. Request of Traffic and Public Safety Committee to earmark traffic fine
revenue into Special Fund for improvement and maintenance of Town pathway
system.
Speaking from the Floor:
Mrs. M. Saviano, Corte Madera Court: Urged Council to work on paths on a
priority basis for the safety of school children.
Councilman Helgesson moved, seconded by Mayor Grabowski to allocate .4,6,000
from the unappropriated fund balance, bringing the total of the Pathway Fund
for FY 1975-76 to $14,nn0; these funds to be used for the purpose of providini
the school children safer pathways for their transportation to school.
Motion carried by the following roll call vote:
AYE: Councilmen Cheney, Helgesson, McReynolds, Councilwoman Miller, Mayor
Grabowski
NO: NONE
ABSENT: NONE
ABSTAIN: NOME
G. NEM BUSINESS:
OAV 1. LANDS OF NESTHIND FARM, File HFM3010-75
Councilman Helgesson moved, seconded by Councilman Cheney to adopt
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f CITY COUNCIL MINUTES - September 17, 1975
LANDS OF HESTWIND FARM (Cont'd):
Resolution #903 Accepting Parcel Map, Lands of Mestwind Farm, and
Resolution #904 Accepting Grant Deed, Lands of 4lestwind Farm. Motion
carried unanimously by roll call vote.
Mayor Grabowski announced that because of the lateness of the hour, all items
remaining on the Agenda would be continued.
H. ADJOURNMENT:
Council adjourned at 11:55 P.M. to an Adjourned Meeting on Monday, Sept. 22nd,
at 7:30 PM in the Council Chambers of Town Hall.
Respectfully submitted,
Norma J. Hislop
Deputy City Clerk
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