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HomeMy WebLinkAbout11/20/1974CITY COIK!CIL TOWN OF LOS ALTOS HILLS 2G379 Fremont Road Los Altos Hilts, California MINUTES OF A REGULAR f1EETING November 20, 1974 cc: Reel 72 ' Side 1, Tr. 2 - 0001-444 aty8a00tP-M. inGrabowski CouncilChambersRegular Tow'o Hall 26379the Fremont Road to order A. ROLL CALL: uncilwoman Present: Councilmen Comm.9Spencerr!foryPlanningoMiller, commission. Staff: City Manager Robert Crowe, City Attorney Frank Gillio, City Engineer Atex Russell, Planning Consultant Tom Vlasic, Deputy City Clerk Norma Hislop 06 Press: Mr. Chuck Anderson, San Jose rlcrcury-News Mayor Grabowski exni,4., a that the Council was late convening because they had just a meeting at Foothill College with the Board of Directors to „iscuss the Hillard Griffin Home located on the campus. The times of the items on the evening's agenda were amended accordingly. B. CONSEtrr CALENDAR: At the request of "ir. Steve McReynolds, bloody Court, .4 d),an addendum to the Consent Calendar, was removed for separate consideration. City Attorney Frank Gillio requested that Item 4 c) be removed since the matter had not yet been resolved. Mayor Grabowski removed Item B 1) from the Calendar stating that on page 5 of the Minutes of November 6, his name should be removed from the Committee appointed to study the wording of the Scenic Highways Element of the General Plan. MOTION SECONDED AND CARRIED: Councilman Helgesson moved, seconded by Councilman Cheney and unanimously carried to adopt the items on the Consent Calendar as changed and amended, namely: '`, CITY COUNCIL MINUTES - November 20, 1974 1. Approval of Minutes: November 6, 1974, as amended. `r' 2. Approval of Warrants: $32,237.74 3. Actions of Variance & Permit Commission: a) Approved BSA, Mr. Henry Co, File #BSA6017-74, subject to conditions imposed. 4. Resolutions for Adoption: a) Resolution #832-A designating a name for a Private Road (Toyon Place to I1oody Court). b) Resolution #833 accepting improvements to Elena Road (Gas Tax Project #25). ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE CONSIDERATION: 4. d) Reso # approving final Rarcel map Lands of Reiser, Mr. Steve McReynolds, Attorney, speaking on behalf of Mr. Reiser, requested Council's clarification and interpretation of the check list requirement for Mr. Reiser's "participation" in a loop road should it be required if and when the Patmore lands were subdivided. Mr. Reiser felt the dedication of an ease- ment was sufficient, but the Agreement drawn up by the City Attorney required financial participation also. Questions were raised concerning page 3, item 2, and page 4, item 5 of the proposed Agreement. Councilman Cheney stated that the motion he had made meant only the dedication of an easement. Discussion ensued between City Attorney, City Council, Mr. McReynolds and the City Engineer pertaining to the agreement. Council agreed that a plat map should be included as part of the agreement showing the proposed easement for the loop road should it be necessary. Motion was made by Councilman Cheney to approve the Final Map, Lands of Reiser, subject to the execution of a subdivision agreement. The motion was seconded by Councilwoman Miller and passed by the following roll call vote: AYE: Councilmen Cheney, Helgesson, Councilwoman Miller, Mayor Grabowski NO: NONE ABSENT: NONE ABSTAIN: Councilman McReynolds. Motion was made by Councilman Cheney to adopt Resolution #834 authorizing execution of agreement between the City of the Toon of Los Altos Hills and Mr. Hilliard Reiser relating to the Red Rock Loop Road. The motion was seconded by Councilwoman Miller and passed by the following roll call vote: -2- CITY COUNCIL MINUTES - November 20, 1974 LANDS OF REISER (cont'd): 4W AYE: Councilmen Cheney, Helgesson, Councilwoman Hiller, Mayor Grabowski NO: NONE ABSENT: NONE ABSTAIN: Councilman McReynolds C. SPECIAL REPORTS: 1. Presentations from the Floor: a) P1rs. Marian I'au h, re resentin the Lea ue of 4l0men Voters: Referencing z letter forwarded to the City Counci m August, 1974, Mrs. !dough urged that Council consider adoption of policies and procedures pertaining to the selection of members of Planning Commission and Standing Committees. She requested that this matter be an agenda item for a future meeting. D. STAFF REPORTS: 1. City Manager: a) Mr. Crowe reported that a Committee had been formed representing Council, Planning Commission and Standing Committees to work out the details of the Dedication Ceremony scheduled for January 26, 1975. b) Mr. Crowe advised Council of the communication received from the County in response to their Resolution to the Board of Supervisors re- questing a stop sign be installed at the intersection of Page Mill Road and Altamont. At this time, Mr. Crowe presented slides of those intersections within the Town where the Traffic and Public Safety Committee reconmend,,A that sto, sins �e installed. Speaking from the Floor: Mrs. Irma Goldsmith Chain,oman, Traffic & Public Safet Committee: Regarding complaints rece ved from residents in the area of Page Mill Rd. and Alexis Drive. After discussion, Council concensus was to see how the widening of this intersection and the re -striping helped the situation before further action was considered. Council also requested the City Manager to reduce his suggestions to writing for consideration on the next Agenda. c) Excess Items - Town Hall: After brief presentation to Council re- garding excess items at Town Hall, Council agreed with the City Manager's suggestion of placing an ad in the paper and accepting bids. -3- CITY COUNCIL MINUTES - November 20, 1974 2. City Attorney: Mr. Gillio addressed Council concerning three claims which had been filed against the Town as follows: a) Claim filed with almost every city and county within the State of California on behalf of three individuals on behalf of themselves and all other persons in their class relating to the demand for monies paid following conviction on misdemeanor drunk driving charges. Mr. Gillio recommended that Council, under Section 910.8 of the Government Code, give notice to the claimants that defects in the claim, namely, failure to designate the public employees causing the claimed injury or damage; failure to include the amounts claimed, and failure to insert the name and address of each claimant and the date, place, and circumstance of each occurrence. b) Claim by Mr. Harry L. Belin for damages to his property by the contractor performing the work on S.A.D. H10. Mr. Gillio recommended that this claim be rejected and forwarded to the insurance carrier. c) Claim of Gerard Homes, Inc., demanding the return of certain amounts of money paid as storm drainage fees, roof permit fees and bedroom fees. Mr. Gillio recommended that this claim be rejected. MOTION SECONDED AND CARRIED: Councilman Cheney moved, seconded by Councilman Helgesson and unanimously carried to accept the recommendations of the City Attorney on Claims a), b), and c) above. E. SPECIAL ORDERS: The Mayor announced that Council was in agreement that Item E 1, Actions on recommendations from Joint Study Session of September 24th, should be carried over to the next meeting because of the time factor of the evening's agenda. 2. Public Hearings: a) Variance for reduction of side yard, Lands of Manolakos, File NV7010-74. Planning Consultant Tom Vlasic explained the reasons the Planning Commission had recommended the granting of this variance, and referred Council to the Staff memo regarding this matter. Mayor Grabowski declared the public hearing open: Speaking, from the Floor: Mr. Pete Manolakos, Applicant: Regarding reasons variance was necessary for a swimming pooi site. There being no further comments from the floor, the Mayor declared the Public 44W Hearing closed. -4- CITY COUNCIL MIf1UTES - November 20, 1974 rw MANOLAKOS VARIANCE REQUEST (cont'd): Discussion ensued between Staff, Council and Mr. h1anolakos regarding the size of the pool and the landscape pians. MOTION SECONDED AND CARRIED: Councilman Cheney moved, seconded by Mayor Grabowski and unanimously carried to grant the Variance request, Lands of Manolakos. 3. Zoning Matters: a) Planning Commission recommendation on request for exemption from building moratorium for Stonebrook #2, Church of Jesus Christ of the Latter Day Saints (File #2010-74). Planning Consultant Tom Vlasic explained the reasons the Commission had recommended exemption from the provisions of the moratorium: that the adequacy of the building sites were more than sufficient, and they did not feel many cuts and grades would be necessary in this subdivision. Mr. Vlasic also pointed out that most other subdivisions which had been denied exemption had involved at least one or two lots that had major topographic factors which restricted building sites. Chairman Spencer of the Planning Commission supported Mr. Vlasic's comments. Councilman Cheney expressed concern over the grading and cuts that would be made. Councilman McReynolds commented that he felt it would be inequitable to allow this subdivision to go through while refusing others. After further discussion, the following motion was made: MOTION SECONDED AND CARRIED: Councilman Cheney moved, seconded by Councilwoman Miller and unanimously carried to deny the request for exemption from the building moratorium, Stonebrook 02. Speaking .from the Floor: Commissioner Judith Caro O'Keefe Lane: Regarding the gentle slope of the ands mnvo ve whichicshe did not feel would require excessive cuts. Mr. Bob Faulk Developer: Also spoke concerning the minimal amounts of cuts and grading required. Mr. N. Gregorwich, Priscilla Lane: Agreed with Councilman Cheney. Mr. Jack Hershe , s eakin for Applicants: Stated reasons he felt this MU envision should be exempt from the moratorium and the delays in the process of this request by the Town. F. GENERAL ORDERS AND UNFINISHED BUSINESS: 1. Tentative Subdivision Ifo Lands of Stedman (Bahl Homes Developer) - ppeal for amendment of con iti ons by Applicant: -5- CITY COUNCIL MINUTES - November 20, 1974 Chairman Spencer addressed himself to the concerns expressed by Council at their meeting of November 6, 1974 regarding this subdivision: 1. The approved check list had been signed and the signed copy forwarded to Council. 2. The conditions appeal had been considered by the Planning Commission at the onset of the subdivision discussions and were acted upon prior to the signing of the check list. 3. At the time of the approval of the check list, the water tank plans were nebulous and the Commission also had stipulated that the map must come before them again if the Water District did, in fact, proceed with their plans, since they felt the tank might affect the slope density calculations of the subdivision. Mr. Spencer stated that the Planning Commission had referred the tentative map back to Council by unanimous motion at the last Commission meeting. Speaking from the Floor: Mr. Don Bahl, Developer: Informed Council that he had found out today that the Purissima 4later District had filed condemnation actions, but he had not been served with papers yet. He commented that he felt this should not affect his subdivision except insofar as the Water District should be considered owners of three of the lots. Discussion ensued between City Attorney, Planning Consultant, Council and Mr. Bahl regarding legal ramifications, affects on the placement of the road if tr.e water tank plans are undertaken, possible changes in the slope d-nsity calculations and the applicant's appeal of four conditions on the approved check list. Speaking from the Floor: Mr. Bill f -lc Cann, Mana er, Purissima Water District: Regarding the District's p ans or an ad itiona water tank. Councilman McReynolds moved that Council deny the tentative map of this subdivision without prejudice, primarily because of the cloud over the entire subdivision's configuration due to the !later District's recorded action against this property. Councilwoman Miller seconded the motion. Before the question was called, the following are additional comments made by Council members relating to the subdivision: Councilman lIcReynolds explained the rationale of his motion as follows: Once the subdivision map is approved, the Town has very little to say about what the final configuration is when it reaches the final map stage; that the entire onus has been on the side of the subdivider to suggest any con- [ figuration change he wants, or none, if he so desires. He said the action zs CITY COUNCIL MINUTES - November 20, 1974 of the Water District appears to take out three of probably the most attractive proposed lots in the subdivision, and will render useless a suSst ntial amount of the scarce level area and possibly change even the slope density calculations of the subdivision. He thought it was a major configuration change that the Water District would cause on this proposed map. Mayor Grabowski commented that he was impressed on the Field Trip Council had taken to the proposed subdivision lands with Mr. Bahl, and when it got going, the subdivision would be one the Town could be proud of. The Mayor said he would like to see, at some stage in this request, Council restrictions on the amount of cut and fill that could be made, and that this be rather stringent in keeping with the philosophy of Mr. Bahl. He said he would also like to see that the homes which will be placed on poles covered with some type of siding for aesthetic purposes. The Mayor noted some concerns regarding drainage, and that perhaps other collectors might be utilized beside the Creek. Councilman Cheney said he had been concerned about the fire access road as shown. He felt that since there would be an access road up to the proposed water tank, this might satisfy the Fire District, or some other alternatives other than the access road on the map might be considered. Councilwoman Miller commented on the Pathway requirements. She said she was unable to tell by the map before Council whether the proposed pathway would tie in with other properties, and if there was a logical reason for the path to be drawn as shown. She thought that in the future, before Council considered path easements, that Council should know where they will go and what purpose they will serve. Councilwoman Miller also commented on the private road and that the Planning Commission had brought out some facts recently which might warrant this Ordinance being re-examined. The question was then called, and the motion to deny the Bahl subdivision without prejudice was adopted by the following roll call vote: AYE: Councilmen Cheney, Helgesson, McReynolds, Councilwoman Miller, Mayor Grabowski NO: NONE ABSENT: NONE ABSTAIN: NONE G. NEN BUSINESS: Mayor Grabowski explained that the Town had an opportunity to present to the electorate such matters of concern where Council wished the public's wishes expressed. These matters could be brought before the voters and the expenses of the election shared with the School Districts. He commented that each -7- CITY COUNCIL MINUTES - November 20, 1974 BALLOT MEASURE RECOMMENDATIONS (cont'd): Councilman would be asked for any suggestions they might have where they might wish a response from the citizens. These suggestions would be discussed at the Council meeting of December 4th, and a determination made at that time on measures proposed. The recommendations made by Council were as follows: Councilman McReynolds: Shall the Town of Los Altos Hills condemn and acquire the Purissima Hills Nater District. Councilman Cheney: NONE Councilwoman Miller: Shall the Town enter into a general obligation bond to upgrade streets and storm drainage. Councilman Helgesson: Relative to the LAM Municipal Code, Section 9-5.403 which refers to the discontinuance after January 27th,1976 of all non- conforming uses: Should the Town follow the original concept of the phasing out of all non -conforming uses. Mayor Grabowski: 1. Shall the Town of Los Altos Hills create its own Police Department in lieu of the contract Sheriff's service and Security Patrol. 2. Shall the Town of Los Altos Hills continue to acquire open space through General or Special Fund expenditures without a referendum . 3. Shall the Town of Los Altos Hills ordain, through Planning and Zoning procedures, architectural and design requirements on future subdivisions. 4. Shall the Town of Los Altos Hills levy an additional one -time -only municipal tax to raise funds in order to participate with other agencies in the restoration and preservation of the Willard Griffin Home. Speaking from the Floor: h1rs. Anes Hel esson St. Francis Drive: Because the children in the Palo to coo District were orbs en to sing Christmas carols, she felt Council might let the voters decide whether they want their children to continue to learn and preserve the songs inherited from all lands. 2. Consideration of nc__rpnce. Committee: - ..r the time factor, this matter was carried over to December 4th. 3. Report on County -wide -Census (Mayor Pro Tem Helgessonj: Mayor Pro Tem Helgesson reported that a meeting had been held in Palo Alto on November 15 by the Advisory Committee on the census. lie said the census will be conducted between April 7th and May 10th 1975. The Committee AW reviewed the question selection process. lie stated he would report further after the next meeting of the Advisory Committee. -8- CIM CITY COUNCIL MINUTES - November 20, 1974 4. Councilman Cheney: Councilman Cheney submitted material to the City Manager relating to the Community Development Block Grant Program Conference which he had attended with Commissioner Young. He will be reporting on this Conference at the next Council meeting. 5. Mayor Grabowski: Acknowledged letter from Powell Associates and was informed by the City Manager that this item was on the Agenda for the next Planning Commission meeting. H. ADJOURNMENT: The meeting adjourned at 11:45 P.M. -9- Respectfully submitted, Norma J. Hislop Deputy City Clerk