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HomeMy WebLinkAbout08/03/1970CITY COUNCIL TOWN OF LOS ALTOS HILLS MINUTES OF A REGULAR MEETING August 3, 1970 REEL 29 - SIDE 2, TRACK 1 -- FOOTAGE 00.1250 REEL 29 - SIDE 1, TRACK 1 -- FOOTAGE 00. 750 Mayor Walter A. Benson called the Regular Meeting of the City Council of the Town of Los Altos Hills to order at 7:55 P. M. in the Council Chambers of the Town Hall, 26379 Fremont Road, Los Altos Hills, with the following members answering roll call: Present: Councilmen Aiken, Davey, Grabowski, Helgesson, and Mayor Benson. Absent: None. PLANNING COMMISSION REPRESENTATIVE: Commissioner Priscilla R. Weisbart APPROVAL OF MINUTES: July 20, 1970. Councilman Davey Moved, Seconded by Helgesson and carried unanimously, that the Minutes of July 20, 1970 be approved with the following amendments: Page 2, Announcements, under Item #l, para. 1, insert the word "majority" between the words "strong Council"; under Item 2, para. 1, replace the words "protest letter" with the word "petition" and add at the end of this sentence, the words "to provide a pathway." Pa a 8, under Warrants, the amount of warrants approved should be 26,780.47 instead of $23,708.91; under Adjournment, at the end of the sentence, add the words "to a Litigation Session. At 12:40 A.M., Mayor Benson reconvened the meeting solely for the purpose of Adjournment to:". City Clerk advised that, when flipping the tape when recording the July 20, 1970 meeting, he had inadvertently erased the July 6, 1970 recorded Minutes. COMMUNICATIONS: 1. Letter from J. L. Shoenhaix, 12101 Dawn Lane, dated July 20, 19702 requesting consideration be given to the paving of Elena Road. 2. Request from Board of Supervisors to determine our interest in participa- tion toward the publication of wage rates for Public Works contracts for the current fiscal year. They proposed a countywide publication for which the Town would contribute $100.00 toward defraying the cost of this publication. Staff was requested to provide additional information as to its desirability and value. ANNOUNCEMENTS: 1. Palo Alto Planning Commission will hold a Public Hearing on Livingston & Blaney Report #3 on Wednesday, August 5, 1970. 4W 2. Inter -City Council will meet in Los Gatos on August 6, 1970. g 3, Board of Supervisors advised they have agended the Town's request that Foothill Expressway be resurfaced for their meeting on August 4th. Councilman Grabowski and Dr. Marjorie Evans will attend. ANNOUNCEMENTS cont'd.: A. Mrs. Ann Spencer presented questionnaire results pertaining to variances. 5. Los Altos Hills Association will license bicycles at the Town Nall on Saturday, August 8, 1970. UNSCfEDULED ITEM NO. 4: RIiQUEST TO REVIEW PIANS FOR IMPROVING FREMONT, BETWEEN SEVEN ACRES LANE AND EDITH ROAD. (Due to the large attendance of children in the audience, this item was taken out of sequence, ahead of the Scheduled items for discussion at this time.) Staff read a communication from Mr. and Mrs. Malcolm Smith, 14555 DeBell Road, which requested a public discussion of the Town's plans for the ''Little Twister" and voiced objection to any straightening of this section of Fremont Road. The City Engineer illustrated with transparencies the present layout of the area and the proposed changes. It was explained that the only road improvement planned would be to improve visibility along the Winbigler side of Fremont Road and it was proposed that a path be constructed above the Galli property but below their fence and the eucalyptus trees. This path plan allowed the path to essentially fall within the public right-of-way, except for a small portion at the corner of the Galli property. Speaking from the Floor, Mr. Ray F. Galli, executor of the Galli Estate, opposed the location of the path due to the past vandalism on this property and that such vandalism would no doubt increase if the path fell below the Fence; any property taken would adversely affect the saleability and subdivision of their property; that in addition to the Tom's cost for property taken, the severance damages would be considerable. Additional discussion on this project included comments and Floor participa- tion by Messrs. Wm, Downey, 14330 De Bell Roads Gardner Bullis, 14085 Manuella Road, George Drews, 25851 Estacada Drives and b7esdames Millie Saviano, Chairman of Pathway Committee, and Florence Favas 26691 Moody Road. It was noted that since the path would be separated from the road and that no road work was planned, that the applicab7.ity of gas tax monies needed clarification. Staff was requested to investigate to determine if this work, as proposed, was chargeable to Gas Tax Funds; if not, it would be necessary to reallocate pathway priorities. MOTION, SECONDED AND CARRIED: Councilman Aiken moved, seconded by Helgesson and carried unanimously, that the Town proceed with the plans as outlined by the City Engineer and as the City Manager is able to work out with available funds in the budget. SCHEDULED ITEM NO. 1: PARKSIDE UNITS #2 12 lots) and #3 (9 lots) (351-68) Engr. Saudis & Assoc. A. TENTATIVE MAP Staff reviewed this subdivision, which: after extensive hearings at the Planning Commission level, had been recommended to the City Council for approval in accordance with the Check List, Revision C, dated July 21, 1970. Staff read a letter from the developer, Mr. Alan G. Lambert, which appealed all negative actions taken by the Planning Commission in regard to his request for pregrading and variances and their elimination of one lot (#21). -2- PARRSME UNITS #2 and #3 cont'd.: Mr. lambert also requested that the Council in hearing his appeal consider that this revised map was submitted in response to the Town's wishes that lots on Moody Court and Moody Road be eliminated and that he had done so by substituting those lots with a park donation. Furthermore, in return for this park donation, "any and all fees, deposits and charges appurtenant to the fact" of revising the originally approved Tentative Map should be rescinded and returned to Parkside Bstates. Councilman Aiken confirmed the statements in Mr. Lambert's letter, in that Mr. Lambert had been requested to work out with Staff some method of eliminating the B lots (12 acres) near Moody Court. In his remarks, it was emphasized that in order to do this, Mr. Lembert had absorbed substantial engineering expenses to revise this original map to fulfill the Town's request and special consideration should be given to the pregarding and variance requests. Speaking from the Floor, on behalf of the Planning Commission's action in denying all variances and limiting pregrading, Chairman Weisbart and Commissioner Corbett noted their review of the revised map was from a Planning standpoint and that the consensus of the Commission was that grading and variances should be considered on an individual basis at the time a residence is proposed. Council discussion noted that preservation of the corridor connecting the Duveneck property and Byrne Preserve was desired and that an anonymous ` gift of $30,000, plus three building sites on Altamont, was given to Mr. Lambert for the fair value of some of those lots in the corridor, but additional funds to purchase the remaining eight lots on Moody Court were not available. Mr. Lamberts utilizing the various map transparencies, reviewed the progression of changes and concessions made since presentation of his original map to the present time. Council concurred that the pregrading and variance requests warranted consideration in view of Mr. Is ert's efforts to fulfill the Town's wishes for the park corridor. Staff was requested to advise of their recommendations on the variances and pregrading on a lot by lot basis. Following discussion of each individual lot. Motions were made approving or denying the variance and pregrading requests wherever applicable. (To provide clarity to the Minutes and to facilitate administrative follow-up, the following Motions were taken out of sequence and arranged in numeric sequence.) MOTIONS, SECONDED AND CARRIED: LOT #19 - No variance was requested. Council concurred to accept the Planning Commission's recommendation to allow pregrading with a 6 to 1 upward slope from the road into Lot #19, thus rounding the ridge. LOT #20) Councilman Davey moved, seconded by Mayor Benson and carried LOT #21)- unanimously, that the proposed lots #202 21 and 22 be disallowed LOT #22) and that this area be set aside for two (2) lots only, as recommended by the Planning Commission. LOT #23 - No variance or pregrading was requested by the applicant, -3. PARKSIDB UNITS #2 and #3 cont'd.: LOT #24 . Councilman Aiken moved, seconded by Davey, to approve a twenty (201) foot setback from the private road. Councilmen Grabowski, Helgesson and Mayor Benson opposed. MOTION FAILED. Council concurred to approve pregrading to the 765' contour to allow a 50 to 60 foot entry drive, with a turnaround as recommended by the Planning Commission. LOT #25 - Councilman Aiken moved, seconded by Davey and carried unanimously, to permit a twenty (201) foot setback from the private road and to allow pregrading of an eighty (801) foot drive with a small turnaround. LOT #26 - Councilman Helgesson moved, seconded by Mayor Benson and carried by majority vote, Councilman Grabowski opposed, to disallow any pregrading or variance. LOT #27) LOT #28) LOT #29) LOT #30) NO VARIANCE OR PREGRADING WAS REQUESTED BY THE APPLICANT. LOT #31)- LOT #32) IAT #33) LOT #34 - Councilman Davey moved, seconded by Helgesson and carried unanimously, that brushing out for 100 feet be allowed but any pregrading be denied. (No variance was requested.) LOT #35 . Councilman Aiken moved, seconded by Helgesson and carried unanimous., ly, to approve twenty feet (201) sideyard setbacks and that sufficient brushing out be allowed to provide walking access to the lot. LOT #36 - Councilman Aiken moved, seconded by Grabowski and carried unanimously, to allow a graded wedge of 5 to 1 up to the road cut. (No variance was requested.) LOT #37 - Councilman Aiken moved, seconded by Helgesson, that a twenty foot (201) setback from the line common with Lot #36 be allowed and that a graded wedge be allowed to provide access to the lot. LOT #38 - Councilman Aiken moved, seconded by Grabowski and carried by majority vote, Councilman Davey opposed, that the variance request be disallowed (since a buyer could later request this if desired), but - respecting the existing trees - pregrading be allowed for the driveway and a limited turnaround. Discussion of septic tanks vs sewers ensued, specifically as it applied to the sixteen lots which, if this area would be required to be sewered, would necessitate the installation of a pump station. One of Mr. Lambert's requests required the Town guarantee him on-site sewage disposal. Speaking from the Floor were Messrs. Glen Hildebrand, of the Santa Clara County Health Department, A. M. Laws, and Thomas Marshall, 25560 Altamont Road. Prior to deciding on approval or disapproval of variances and pregrading for Lots #20, 21 and 22, Mr. Lambert stated that if his requests for these lots are not approved and the Town did not guarantee acceptable septic systems at reasonable cost, the park donation would be in question, since he could not -4. PARKSIDE UNITS #2 and #3 eonttd.t 4W take the additional loss of another lot being denied. Council majority con- sensus was that this assurance could not be provided, since the on-site sewage disposal plan must be submitted to the Health Department and approved as acceptable. Council further urged Mr. Lambert to hold o££ on such a decision, pending resolution of the sewers. MOTION, SECONDED AND CARRIEDt Councilman Aiken moved, seconded by Grabowski and carried unanimously that in order to eliminate the requirement for a pump installation serving sixteen (16) lots, that Staff, the applicant and the Health Department resolve an on -.site sewage disposal plan which would be mutually acceptable and that it be submitted to the Health Department for approval. Council concurred that drainage plans be as outlined in Revision C of the Check List. MOTION, SECONDED AND CARRIED: Councilman Aiken moved, seconded by Helgess on and carried unanimously, that the Revised Tentative Map for Parkside Units #2 and #3 (351-68) be approved in accordance with the Check List, Revision C, dated July 21, 1970 as amended by the Motions made at this meeting and that all variances are granted per the requirements of Section 3:60 A of Ordinance No. 78, as amended. In addition to requesting the above changes to the Check List, the applicant requested additional considerations in connection with the park land dedica- tion. They were as follows, along with the Councils action: 1. Reversionary clause on the park land donation, so that the land would revert to the donor under certain conditions. Applicant most submit actual document proposed for review and acceptance. 2. Town provide appraisal of park land acceptable to IRS to support tax allowance. MOTION, SECONDED AND CARRIED: Councilman Aiken moved, seconded by Grabowski and carried unanimously by roll call vote, that the Town provide at the lowest possible cost an appraisal for tax purposes to Mr. Lambert. 3. The donation of the park land is to be on a time schedule, satisfactory to the subdivider. MOTION, SECONDED AND CARRIED: Councilman Aiken moved, seconded by Helgesson and carried unanimously, that the land be donated within ninety (90) days after filing of the Final Map, or, in any case this donation shall be completed within five years. 4. The park land to be zoned "open Space" immediately. Council concurred that this be held pending Mr. Lambert's decision on the park land and that it would best be accomplished at the time the first Final Map is filed. -5- PARKSIDE UNITS #2 and #3 conttd.: 5. A release from the $8,900 obligation for path and road in -lieu payments on Parkside Unit #1. Council decision postponed, pending outcome of other considerations pending. 6. Approval of septic tanks on several lots. Council reiterated this decision is up to the Health Department. 7. Town administered user funded maintenance district for a lift station. Council cannot proceed until Item 6 above is resolved. Applicant stated if septic tanks are not acceptable, neither is the map, and there.+ fore this request is unnecessary. RECESS: 11:40 . 11:50 P. M. UNSCHEDULED ITEM # 4: CONTINUED REQUEST TO REVIEW PLANS FOR IMPROVING FREMONT ROAD, Mrs. Malcolm Smith, 14555 DeBell Road, had requested this item to be agended but, since she was not present at the time discussion was held, asked to express her feelings at this time. Council reiterated earlier discussion. (See Page 2.) SCHEDULED ITEM NO. 2: LANDS OF ESHNER 369-70) 14 lots Altamont Road. M. Wolff Bngr. Due to the late hour, the Mayor (with the consent of the applicant) continued the hearing on the Eshner Map to the September 21st meeting. UNSCHEDULED ITEM NO, 1: REQUEST TO PERMIT SEPTIC TANK ON A 2.5 ACRE LOT, ADJACENT TO THE 4 -LOT SUBDIVISION OF M. R. JOHNSON, This lot was given Building Site Approval on the condition that it be connected to sanitary sewers, MOTION$ SECONDED AND CARRIED: Councilman Helgesson moved$ seconded by Aiken and carried unanimously: that on-site sewage disposal is approved providing an acceptable special system design is submitted to the Health Department for their approval. UNSCHEDULED ITEM NO. 2: REQUEST FOR RECONSIDERATION OF REQUIREMENTS FOR A 3 -LOT SUBDIVISION FOR FREDERICK T. ADAMS - ARIC LANE. Staff noSgd tkie Council recently authorized the filing of a Parcel Map for this sub tdivision, subject to all the conditions being met prior to the filing. Mr. Adams requested that relief from paying the $737.20 path in -lieu fees be granted and that dedication of path easements be eliminated. Council discussion ensued as fairness of these requirements for a three lot subdivision. MOTION. SECONDED AND CARRIED: Councilman Aiken moved, seconded by Grabowski and carried unanimously, that the amount for path in -lieu fees be reduced to $500.00 and that this matter be referred to the Path Committee for review of the path easements. -6- UNSCHEDULED ITEM NO. 3: AES2UEST FOR ACTION TO PRESERVE LANDMARKS IN LOS ALTOS HILLS. Mrs. Florence Fava requested the City Council to consider a resolution requiring that before any landmarks or buildings of historical value are demolished, it be brought to the attention of the City Council. MDTION, SECONDED AND CARRIED: Councilman Grabowski moved, seconded by Aiken. and carried unanimously, that the Town Historian submit a list of places to the Council that might be designated as historical landmarks. Council directed the Planning Commission to be cognizant of landmarks.when reviewing developments. UNSCHEDULED ITEM NO. 5: DISCUSS ORDINANCE TO AMEND ORDINANCE NO. 69, PROVIDING FOR IN -LIEU FEES TO BE A DETERMINATION OF THE CITY COUNCIL. FIRST READING. City Attorney stated this proposed ordinance would give the City Council the sole discretion to require a subdivider to make in -lieu payments. Council discussion ensued, with Floor participation by Mr. G. Ferrari, opposing the proposed ordinance. Staff noted letter from Mr. A. Lambert, also opposing the subject ordinance. City Attorney introduced and read in its entirety the first reading of Ordinance No. 177, an ordinance of the Town of Los Altos Hills, amending Ordinance No. 69 of said Town as amended, by adding thereto provisions relating to in -lieu payments and substitute construction. UNSCHEDULED ITEM NO. 6: REQUEST FROM SENATOR RAPDOLPH COLLIER FOR A RESOLUTION OPPOSING AB 1320. This item was deferred to the August 17th Agenda. UNSCHEDULED ITEM NO. 7: DISCUSSION OF THE FILLING OF THE VACANCY WHICH WILL BE CREATED BY COUNCILMAN AIKENtS RESIGNATION. Councilman Davey had agended this item, assuming the vacancy was effective August 31, 1970. Since the resignation is effective October 31, 1970, discussion of this item was cancelled. STAFF REPORTS: 1. Action to be taken against J. M. Kilburn is to be agended for 8/17. 2. Staff advised new locks had been installed in the Town Hall. MOTION, SECONDED AND CARRIED: Councilman Aiken moved, seconded by Grabowski and carried unanimously, that no more keys be issued for the office, without specific approval of the Council. PRESENTATIONS FROM THE FLOOR: 1. Priscilla Weisbart, Chairman of the Planning Commission, advised that a Public Hearing would be held at the Los Altos Planning Commission on August 6th regarding a proposed condominium at the corner of E1 Monte and O'Keefe, Los Altos. Council was requested to voice Town Is opposition to this proposal. -7- a 4 PRESENTATIONS FROM THE FLOOR contid.: MOTION, SECONDED AND CARRIED% Councilman Aiken moved, seconded by Helgesson, that the Town of Los Altos Hills requests that the Los Altos Planning Commission very carefully review the land use at the corner of E1 Monte and O'Keefe where the E. C. Johnson 94 -unit condominium is proposed and strongly urges that this 23,2 acres be restricted to single family residences. Motion carried by majority vote, Councilman Grabowski abstained, WARRANTS: MOTION, SECONDED AND CARRIED: Councilman Helgesson moved, seconded by Aiken and carried unanimously by roll call vote, that the warrants as presented in the amount of SIX THOUSAND, TWO HUNDRED SIXTEEN DOLLARS and Twenty-three Cents ($6,216,23) be approved and the City Clerk authorized to draw the appropriate warrants. ADJOURNMENT: There being no further business, Mayor Benson adjourned the meeting at 1%05 A. M. TO: NEXT REGULAR MEETING: Monday, August 17, 1970 at 7:45 P. M. at Town Hall. Respectfully submitted, TED J. KLUZE City Clerk TJK/mam Town of Los Altos Hills 8/3/70 _a_