HomeMy WebLinkAbout12/05/1979CITY COUNCIL
TOWN OF LOS ALTOS HILLS
26379 Fremont Road
Los Altos Hills, California
MINUTES OF A REGULAR MEETING
Wednesday, December 5, 1979
cc: Reel 121, Side I, Tr. 1, 001 -End
Mayor Thomas McReynolds called the Regular Meeting of the City Council
to order at 7:40 p.m. in the Council Chambers of Town Hall.
A. ROLL CALL & PLEDGE OF ALLEGIANCE:
Present: Mayor McReynolds, Councilmembers Hillestad, Nystrom,
Perkins and Proft.
Absent: None
Staff: City Manager Robert Crowe, City Attorney Frank Gillio,
City Engineer John Carlson, Planning Commission Representative
Joseph Dochnahl, Planning Intern Pat Webb and Deputy City Clerk Pa
Press: Florence Pallakoff, Los Altos Town Crier, Bob Rudy, Dowh.
Peninsula Times Tribune.
t B. CONSENT CALENDAR:
` Councilman Perkins requested removal of Item B.1. for separate
consideration.
MOTION SECONDED AND CARRIED: Moved by Councilman Nystrom, seconded
by Councilwoman Hillestad and passed unanimously to approve the
balance of the Consent Calendar, specifically:
2. Approval of Warrants: $61,360.68
3. Motions for Adoption: Granting time extension for Planning
Commission consideration of the following:
a) LANDS OF MANUEL, File TM #2101-79 to January 31, 1980
b) LANDS OF PHILBRICK, File TM #2102-79 to January 31, 1980
c) LANDS OF RIGGEN, File TM #2095-78 to January 31, 1980
d) LANDS OF WESTWIND DEVELOPMENT, File #TM 2103-79 to
January 31, 1980
e) LANDS OF BELLUCCI, File #TM 2104-79 to January 31, 1980
4. Actions of the Planning Commission - recommended approval of
Annual Review of the following Conditional Use Permit:
a) LANDS OF WESTWIND FARMS, File CU#8022-77.
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CITY COUNCIL MINUTES - December 5, 1979
B. CONSENT CALENDAR: (Continued)
`r 5. Resolutions for Adoption:
a) Resolution #1248 of agreement pursuant to Revenue and
Taxation Code Section 99 for exchange of property tax
revenue for territories affected by a jurisdictional
change.
b) Resolution #1249 accepting certain improvements in
connection with Tract No. 6527, LANDS OF ASTRA, Final
Map #3065-78.
MOTION SECONDED AND CARRIED: Moved by Councilman Perkins, seconded
by Councilman Nystrom and passed unanimously to defer approval of
Item B.1., approval of November 7, 1979 minutes, until the official
transcript is received from the court reporter, specifically with
reference to the discussion of the Lands of Horton.
C. SPECIAL REPORTS:
1. Reports of Standing Committees:
a) Pathway Committee - Insignias for pathway signs.
Mrs. Carol Gottlieb, Chairman/Pathway Committee, presented an
initial report on the insignia project. Two designs were given
to Councilmembers for their consideration. In response to ques-
tions from Councilmembers, Mrs. Gottlieb reported that these
insignias would indicate general use, i.e. pedestrian and eques-
trian, unless specifically noted. She also noted that they would
be spread out over the town rather than concentrated in one area.
Councilmembers were in favor of the project and asked Mrs. Gottlieb
to continue gathering data and make a further presentation at a
later time.
2. Reports of Ad Hoc Committees: None
3. Reports from the Planning Commission:
a) Report on proposed landscape policy (continued from last
meeting)
MOTION SECONDED AND CARRIED: Moved by Councilman Proft,
seconded by Councilman Nystrom and passed unanimously to
adopt the Draft Policy Statement Regarding Landscaping as
administrative policy with resolution action to follow.
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CITY COUNCIL MINUTES - December 5, 1979
C. SPECIAL REPORTS: (Continued)
`W 3. Reports from the Planning Commission: (Continued)
b) Endorsement of City Council memorandum regarding Ordinance
Numbers 239 and 247 changes.
Councilman Perkins expressed concern over the change for Ordinance
#247, Section 3(7), deleting the word "substantially". He asked
the City Attorney to comment on the impact of this change. The City
Attorney responded that the word "substantially" was open to inter-
pretation and its deletion would make the Ordinance much more definite
Mayor McReynolds suggested putting this item on the calendar for the
next Council Meeting. The City Attorney will present an ordinance
at that time and also a report on the effect of this change.
Commissioner Dochnahl reported that with the consent of the applicant
the review of the Horton property had been postponed to the next
Planning Commission meeting. The Commission felt it needed more
time to properly review it.
4. Presentations from the Floor: None
D. STAFF - REPORTS, CORRESPONDENCE & ANNOUNCEMENTS:
1. City Manager:
4W a) Report on St. Nicholas School Crossing.
The City Manager reported on his meeting with the school officials.
As a result of the research prepared, it was the Staff's recommen-
dation that the Town not provide for a crossing guard. The school
had the option of using older school children or school personnel
as crossing guards.
Mrs. Bodine, Mora Drive, pointed out that they understood the Town's
position regarding the precautions already taken but they still felt
that an adult crossing guard was necessary.
Mrs. Carol Gottlieb, Chairman/Pathway Committee, mentioned that the
Pathway Committee had been turned down twice by the school board
when they attempted to have safe pathways into the school. Mrs.
Gottlieb then discussed alternative routes into the school to avoid
the traffic jams.
Mr. Walter Gregorwich, Priscilla Lane, expressed his concern over the
dangerous intersection of Interstate 280.
Dr. Melvin Russi, Colina Drive, reiterated his feeling that there
was a moral obligation on the part of the Town for the safety of
the children.
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CITY COUNCIL MINUTES - December 5, 1979
D. STAFF - REPORTS, CORRESPONDENCE & ANNOUNCEMENTS (Continued)
A, 1. a) City Manager/St. Nicholas School Crossing (continued)
Mrs. Lynn Ray, Elena Road, also expressed her concern for the
moral responsibility for the safety of the children.
The Councilmembers expressed serious concern over this situation.
The discussion included concern for the safety of the children,
level of responsibility involved and methods for solving this
serious problem. It was also mentioned that Foothill College
should be involved in attempting to alleviate the dangerous
traffic situation. Councilmembers asked that the members of St.
Nicholas work with them to solve this problem. It was decided
that the City Manager will meet again with the school board and
by the first of the year a proposal will be presented to the
Council. In the meantime the Town's Security Officer will continue
as the crossing guard.
Mrs. Bodine, Mora Drive, said the school was willing to work with
the Town on this matter and she was very pleased at the outcome of
the meetig.
b) Report on costs and considerations, H. Reiser request for
time extension, File PM #349 M 21.
The City Manager reported the Staff's recommendation that a reduc-
tion in the subdivision requirements or the guarantee, as requested
by Mr. Reiser, not be granted.
Mr. Reiser, applicant, presented his arguments in favor of these
modifications.
Mayor McReynolds recommended that this item be postponed until
January in order to carefully compare Mr. Reiser's requested four
modifications with what is required for other developments in that
area. If there are inconsistencies, then the Council should be
made aware of them and a final decision made. Councilmembers
agreed with the Mayor to continue this discussion in January.
c) Report on costs and considerations, B. Oppenheim request.
MOTION SECONDED AND CARRIED: Moved by Councilwoman Hillestad,
seconded by Councilman Nystrom and passed unanimously to split the
$290 cost of removing the Eucalyptus tree with Mr. Oppenheim.
Mayor McReynolds welcomed the visit of Boy Scout Troup #88 to the
City Council Meeting.
As it was passed the appointed time for SPECIAL ORDERS, Council
consensus was to hold SPECIAL ORDERS at 9:10 p.m.
LAt 8:55 p.m. Council adjourned to Executive Session - Litigation.
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CITY COUNCIL MINUTES - December 5, 1979
E. SPECIAL ORDERS:
L 1. Ordinance #258 amending Chapter 4 entitled "Sewage" of Title
4r 6 of the Los Altos Hills Municipal Code by adding thereto
Article 3.
MOTION SECONDED AND CARRIED: Moved by Councilman Proft, seconded
by Councilman Nystrom and passed by the following roll call vote to
waive further reading of Ordinance #258.
AYES: Mayor McReynolds, Councilmembers, Hillestad, Nystrom, Proft
NOES: None
ABSENT: Councilman Perkins
MOTION SECONDED AND CARRIED: Moved by Councilman Proft, seconded
by Councilman Nystrom and passed by the following roll call vote to
adopt Ordinance #258 amending Chapter 4 entitled "Sewage" of Title 6
of the Los Altos Hills Municipal Code by adding thereto Article 3.
AYES: Mayor McReynolds, Councilmembers, Hillestad, Nystrom, Proft
NOES: None
ABSENT: Councilman Perkins
2. Appeal of Planning Commission denial of Site Development permit
for tennis court, File A #4529, 26052 Fremont Road.
The City Engineer repeated that Mr. Snedigar had presented a new
(second) design for his tennis court at the November 14, 1979
40 Planning Commission Meeting, which was denied approval primarily
because of grading and the fact that it was on Fremont Road, a
secondary scenic road.
Mr. Snedigar, applicant, stated that he was given no reason for the
denial at the November 14 meeting and since the court met all the
town codes he did not understand why he was denied.
Mr. Edward Stiles, 26012 Fremont Road, reiterated his earlier
objections to the building of this tennis court. According to
Mr. Stiles it would essentially be in the front of his property.
Mr. Ron Gile, 26070 Fremont Road, also objected to the tennis
court which he stressed would be in the front of his property.
Laura Klein, Applicant's landscaping consultant, Los Altos,
reported that the court was at an angle from the house next door
and that the landscaping had been so designed that the court would
not be seen from any angle except the owner's front yard.
Mr. Ron Gile, 26070 Fremont Road, said he could see the court
from the upstairs of his home.
Mr. Ed Stiles, 26012 Fremont Road, objected to the complete recon-
struction of the lot.
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CITY COUNCIL MINUTES - December 5, 1979
SPECIAL ORDERS (continued)
`, 2. Appeal of Planning Commission denial of Site Development permit
for tennis court, File A #9529, 26052 Fremont Road. (continued)
Mr.. Snedigar, applicant, reported on other tennis courts in Los
Altos Hills in the front yards. He did not feel his request was
a breach of the rural atmosphere of the town.
Commissioner Dochnahl reported on why Mr. Snedigar's court had been
turned down twice by the Planning Commission. Fremont Road is a
secondary scenic road and a main artery of travel. The Planning
Commission felt that a tennis court was not decorative, landscaped
or not, and that it would detract from the natural beauty of the
countryside.
MOTION SECONDED AND CARRIED: Moved by Councilman Perkins, seconded
by Councilman Nystrom and passed unanimously to support the Planning
Commission's denial of Site Development permit for a tennis court
at 26052 Fremont Road for the following reason: violation of Princi-
pal #1 of the land use element of the Los Altos Hills General Plan.
Public Hearings:
a) Request for Tentative Map Approval, LANDS OF MELCHOR,
File TM #2100-79. (Continued from last meeting for soils
report - Negative Declaration adopted then.)
4W The City Engineer reported that in his November 30, 1979 memo to
the City Manager, he recorded the Geologist's findings and recommender
that this item be discussed at the next Council Meeting.
MOTION SECONDED AND CARRIED: Moved by Councilman Nystrom, seconded
by Councilwoman Hillestad and passed unanimously to approve the
Tentative Map for the LANDS OF MELCHOR, File TM #2100-79, as amended
by the Council on November 7, 1979 and including the further amend-
ment to 10.0 made by Councilman Proft on December 5, 1979.
Councilman Proft expressed concern regarding amended Condition 10.0
on the Tentative Map for the LANDS OF MELCHOR. He asked how the
impervious surface limitations would be controlled. The City Manager
responded these would be controlled by the Site Development Committee
but agreed with Mr. Proft that this should be recorded.
MOTION SECONDED AND CARRIED: Moved by Councilman Proft, seconded by
Councilman Perkins and passed unanimously to further amend condition
10.0 of the Tentative Map for the LANDS OF MELCHOR, File TM #2100-79
to include that appropriate recordation procedures, satisfactory to
the City Attorney, be filed concurrently with the filing of the
Final Map.
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CITY COUNCIL MINUTES - December 5, 1979
(( E. SPECIAL ORDERS (continued)
3. Public Hearings (continued)
b) Request for Conditional Use Permit, LANDS OF ADOBE CREEK
LODGE RECREATION CLUB, File C.U.P. #8037-79.
Continued at the applicant's request.
F. GENERAL ORDERS & UNFINISHED BUSINESS:
1. Request from S.A. Abdel -Malek to amend Condition #12, Lands
of Hutchins, File TM #2053-77.
MOTION SECONDED AND CARRIED: Moved by Councilman Proft, seconded
by Councilman Perkins and passed unanimously to amend Condition #12,
Lands of Hutchins, File TM #2053-77, to read that the pump house
may remain on the property and that the owner must restore the
pump house to the conditions satisfactory to the building official
and the water may be used only for non-domestic purposes.
2. Request from D.R. Lull to amend landscaping requirements, Lot
#4, San Antonio Rancho, Unit #1, (formerly Lot 18).
The City Engineer reported that for noise abatement purposes, one
of the subdivision requirements was for trees to be planted on the
freeway side of the development.
Mr. Lull, applicant, formalized his request to replace the trees
witn a lence in or er to keep his view. Mr. Lull reported that he
was never informed of the trees and that according to his consultant,
his fence would not affect any of his neighbors.
The Councilmembers expressed a variety of concerns: would this
fence be landscaped? what would be the visual effect on those
driving on 280? air quality concern; irregularity of total sub-
division landscaping - one lot with a fence. Councilman Proft
agreed with these concerns but pointed out that the City Council
had already agreed to the subdivision requirements. What was now
needed was to see a complete plan of the subdivision along the
freeway - including the proposed plantings, and for Mr. Lull to
present his plan of exactly what he proposed to do on his lot.
Councilman Proft suggested that the Noise Abatement Committee and
the Planning Commission take this matter under consideration. Mayor
McReynolds further suggested that the owners of the property go to
Mr. Damavandi for clarification and return with a plan for the Town
to review.
Mr. David Crowe, owner of lot adjacent to Mr. Lull, expressed agree-
ment with Councilman Proft. If certain requirements of the sub-
division were going to be changed after people had bought the prop-
erty, it should be up to the subdivision as a whole - not up to
Aw individuals.
It was agreed to continue this item at a later discussion.
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CITY COUNCIL MINUTES - December 5, 1979
G. NEW BUSINESS•
4r' 1. Consideration of Santa Clara County Animal Ordinance
(continued from last meeting).
me
The City Attorney informed the Council that if they agreed,
these amendments would be worked into an ordinance to amend
the ordinance by which the Council adopted the county animal
ordinance by reference with certain amendments.
MOTION SECONDED AND CARRIED: Moved by Councilwoman Hillestad,
seconded by Councilman Nystrom and passed by the following roll
call vote to have Mr. Gillio prepare an ordinance incorporating
the changes and additions of various sections of Chapters I, II,
and IV 3/4 of Division B4 of the Santa Clara County Ordinance
Code relating to animals and fowl.
AYES: Mayor McReynolds, Councilmembers Hillestad, Nystrom, Perkins
NOES: Councilman Proft
2. Consideration of request for and consent to consolidation of
special elections.
MOTION SECONDED AND CARRIED: Moved by Mayor McReynolds, seconded
by Councilwoman Hillestad and passed unanimously to adopt Resolution
#1250 requesting for and consenting to consolidation of Special
Elections.
At 11:10 p.m. Council adjourned to Executive Session - Litigation.
Council reconvened at 11:40 p.m.
3. Consideration of agreement between the city of the Town of
Los Altos Hills and David Bellucci, Sr.
City Attorney summarized proposed contract for purchase and sale
of real property. Property known as Lands of Bellucci.
MOTION SECONDED AND CARRIED: Moved by Councilman Perkins, seconded
by Councilman Nystrom and passed unanimously to adopt Resolution
#1251 approving and authorizing execution of agreement between the
city of the Town of Los Altos Hills and David Bellucci, Sr.
H. ADJOURNMENT:
There being no further new or old business to discuss, the City
Council adjourned at 11:45 p.m.
Respectfully submitted,
Patricia Dowd
Deputy City Clerk