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HomeMy WebLinkAbout08/07/1985C= COUNCa iw TOM OF IAS ALTOS HTU 26379 Fremont Iniad Los Altos Hills, California n • • ar is � Wednesday, August 7, 1985 cc: Reel 169, Tr. I, Side I, 001 -end, Tr. I, Side II, 001 -end, Tr. II, Side I, 001-100 Mayor Dronkert called the Regular Meeting of the City Council to order at 7:35 p.m. in the Council Chambers at Town Hall. r• •:•w ��e ���. ••w.a • assn r•5�« Present: Mayor Dronkert and Councilmmibers Allison, Rydell and van Tamelen Absent: Mayor Pro Tem Fahxman Staff: City Manager George Scarborough, City Attorney Frank Gillio, City Engineer Michael Enright, Assistant Staff Planner Lori Scott and City Clerk Pat Dowd Planning Cart=: William Siegel Press: Janet Wells, San Jose Mercury Ciddy W'ordell, representing E1 Camino Hospital, stated that because Los Altos Hills is in close proximity to the proposed project and because the Town is in the E1 Camino Hospital District she had background information on the Continuing Care Retirement Center. Set on 55 acres of laid between Cupertino and Ins Altos, the Center would have several types of living accommdations and care facilities for seniors. The public hearings would be held by the City of Cupertino and Ms. Wordell noted the hospital would appreciate the Council's support of this project in concept. MOTION SEODNDED AND CAMUED: Moved by Rydell, seconded by van Tamelen and passed unanimously by all members present to support the Continuing Care Retirement Center in concept. Items Rennved: Item 1 - 6/24/85 minutes (Allison); 3.a (applicant's representative); Item 3.b (ccmuittee member); Item 4.a (Mayor) and Item 5.b (staff)** MOTION SECONDED AND CARREED: Moved by van Tamelen, seconded by Rydell and passed unan;mr sly by all members present to approve the balance of the Consent Calendar specifically: 1. Approval of Minutes: July 17, 1985* 2. Approval of Warrants: $22,404.51 (7/31/85) and $97,256.22 (8/7/85) *Allison abstained from approval of those sections of the 7/17/85 minutes for which he was not present. **Item 5.b was continued to the 9/4/85 meeting at the request of the applicant. CITY COUNCIL M11VIES - August 7, 1985 C. CONSENr CALENDAR: (continued) 5. Resolutions for Adoption: a) Resolution #96-85 ordering the performance of certain work (sewer line replacement - Page Mill Road west of Matadexo creek) C) Resolution 497-85 setting the time and place of public hearing on an application for a special land use permit (Lands of Peacock) d) Resolution 498-85 setting the time and place of public hearing on an application for a special land use permit (Lards of Riches) D. PRFS]HtMTIONS FROM THE FLUOR: Robert Hall, 12140 Foothill Lane, requested Council to take action on the following two issues: at the corner of Elena and Foothill Lane the storm drain popped open when trucks went over it and created a dangexnus situation; and 2) the pathway which connects Elena and Black Mountain had been closed off by a fence. The City Engineer noted that regarding the second issue there was no dedicated pathway easement on the property and the Pathway Committee had been in contact with the property owner to attempt to resolve this matter. The Council thanked Mr. Hall for his cammernts. They referred his first request to staff for correction and stated that his second request world be reported on at a future meeting and he would receive a notice of the meeting at that time. E. REPOW F'TOM THE PLANNEC CC MISSION: Cmu dssioner Siegel reported that at the 7/24/85 Commission meeting the following actions were taken: approval of Site Approvals for the Lands of Lindsay and the Lards of Hansen; approval of the conditional use permit review for the Lands of St. Nicholas School; and continuation of the corditional use permit review for the Lands of Ford Country Day School. F. SPECIAL ORDERS: 1. Public Hearings: a) LANDS OF VAN ECDERIN, Fernhill and Magdalena, request for a special land use permit to allow a new residence having a height in excess of fifteen feet The Assistant Staff Planner presented her staff report dated 7/30/85 which noted that the Site Development Committee reoonuenled approval of the Special Lard Use Permit for the proposed new residence based on the project's conformance with the guidelines for Ordinance #295. Mr. van Elderin, applicant, noted that the plans before Council were slightly misleading in that they had been taken from a side angle. If needed he could clarify the proposed bulk of the project for Council. -2- CITY OaMCIL MCVUTFS - August 7, 1985 F. SPOCIAL ORDERS: Item l.a) LANDS OF VAN ELDERIN (Continued): `r 7 MOTION SECaMED AND CARRED: Moved by van Tamelen, seconded by Rydell and passed unanimously by all menbers present to approve a special land use permit for the Lands of Van Elderin for a new residence having a height in excess of fifteen feet based on the project's conformance with the guidelines for Ordinance #295. b) LAOS OF LONG, 26888 Almaden Court, request for a special land use permit to allow an addition having a height in excess of fifteen feet The Assistant Staff Planner presented her staff report dated 7/30/85 which noted that the Site Development Committee recome ded approval of the Special Land Use Permit for the proposed addition based on the project's conformance with the guidelines for Ordinance 4295. MOTION SEOJNDED AND CARRIED: Moved by van Tamelen, seconded by Allison and passed unanimously by all members present to approve a special land use permit for the Lards of Long for an addition having a height in excess of fifteen feet based on the project's conformance with the guidelines for Ordinance #295. C) LANDS OF CHANG, 27220 Natoma, request for a special land use permit to allow a new residence having a height in excess of fifteen feet This item was continued at the request of the applicant. d) LANDS OF HARRISON, 13990 Page Mill Iniad, request for a special land use permit to allow an addition having a height in excess of fifteen feet The Assistant Staff Planner presented her staff report dated 7/30/85 which noted that the Site Development Committee recommended approval of the Special Land Use Permit for the proposed addition based on the project's conformance with the guide- lines for Ordinance #295. NOTION SEOONDED AND CARRIED: Moved by Allison, seconded by van Tamelen and passed unan;mo,sly by all members present to approve a special land use permit for the Lands of Harrison for an addition having a height in excess of fifteen feet based on the project's conformance with the guidelines for Ordinance #295. e) LANDS OF NDRiFTFT , 26209 Dori Lane, request for a special lard use permit to allow an addition having a height in excess of fifteen feet The Assistant Staff Planner presented her staff report dated 8/1/85 which noted that the Site Development Comnittee remmmnded approval of the Special Tanen Use Pernit for the proposed addition based on the project's conformance with all guide- lines for Ordinance #295 except number 2.A (bulk). The Committee had definite concerns regarding the bulk of the house and proposed addition. Walter Chapman, applicant's designer, stated that the original horse had been there for about twenty years and there was also an historic barn on the property. The project before Council had been redesigned to deal with the bulk issue and the Project now conformed with the allowable maximum development area. -3- CITY ODUNCIL MDKM3S - August 7, 1985 F. SPECIAL ORDERS: Item l.e) LANDS OF KORNFIELD (continued): I Mr. Kornfield, applicant, explained what landscaping was proposed as a mitigating measure for the bulk problem. He also commented that the new driveway would have less slope than the present driveway. NYYPION SDCDNIDID AMID FA=; Moved by van Tamelen, seconded by Allison and failed by the following roll call vote to add a condition to the special lard use permit that the applicant be required to sutmit a landscape plan to ensure mitigation of the paving of the driveway. AYES: Councilmembers Allison and van Tamelen NOES: Mayor Dronkert and Councilmwmaer Rydell ABSENT: Mayor Pro Ten Fuhrman Mayor Dronkert stated that the Kornfield application presented a different situation for the Council to consider in that the property had a present non -conforming house on it. She further commented that the applicant and the staff had worked for some time together to work out the NIDA issue and the Council had letters from neighbors of the project stating they had no objections. NOTION SEaWED AND CARRIED: Moved by Dronkert, seconded by van Tamelen and gassed by the following roll call vote to approve a special land use permit for the Lands of Kornfield for an addition having a height in excess of fifteen feet based on the project's conformance with the guidelines for Ordnance #295. AYES: Mayor Dronkert and Councilnerbers Rydell and van Tamelen NOES: Councilmenber Allison ABSENT: Mayor Pro Ten Fahrman f) LANDS OF ST. NICBOIAS SCfDOL, E1 Monte Brad, request for a special land use permit to allow an addition having a height in excess of fifteen feet It was agreed that Item 4.a) which was removed by the Mayor from the Oonsent Calendar would also be discussed at this time (Lands of St. Nicholas School - review of conditional use permit) The Assistant Staff Planner presented her staff report dated 7/31/85 which rated that staff recommended approval of the special land use permit for the proposed addition based on the project's conformance with all the guidelines for Ordinance #295. Marvin Barnburg, applicant's architect, stated that they were adding four new classrooms but not adding any additional parking. NOTION SEOONDED AND CARRIID: Moved by van Tamelen, seconded by Allison and passed unanimously by all meNbers present to approve a special land use permit for the Lards of St. Nicholas School for an addition having a height in excess of fifteen feet based on the project's conformance with the guidelines for Ordinance #295. Mayor Dronkert said she had removed the conditional use permit for St. Nicholas School from the Consent Calendar because while she certainly understood the need for restrictions, she felt certain of the conditions of the permit were unreasonably restrictive, particularly regarding hours and use of public address systems. -4- CITY COUNCIL MINUTES - August 7, 1985 F. SPECIAL ORDERS: Item - St. Nicholas School - conditional use permit (continued): The Assistant Staff Planner reported that this conditional use permit would be reviewed annually xbich would give the applicant the opportunity to request changes in the conditions. The applicant had expressed no objections to the conditions of the permit when it was discussed recently by the Planning Comdssion. MOTION SEODNIDID ASID CARRIED: Moved by Allison, seconded by van Tamelen and passed unanim sly by all members present to concur with the Planning Coimnission's approval of the review of the conditional use permit for IANIDS OF ST. NICHOLAS SCHOOL, FILE CUP #53-59, 12816 E1 Monte Iniad. Mayor Dronkert stated for the record that if St. Nicholas School should find certain of the approved conditions too restrictive, they could request modifications and/or exceptions by the Council. g) LANDS OF BERRY HILL, UNIT II, FILE TM #9-84, request for tentative map approval (7 lots) MOTION SEC(RIDID AND GCARRIED: moved by Rydell, seconded by Allison and passed unani- musly by all members present to approve the negative declaration for Lands of Berry Hill, Unit II, File 1M #9-84. Lorin Nelson, representing Gerard and Lambert, referred to his letter dated 7/30/85 in which he requested Council to reconsider the following conditions of the Tentative Map as recommended by the Planning Commission: 4.D, 4.E., 5.I, and S.J. The City Engineer noted that these conditions had been reconsidered by the Planning Commission L. and it was their opinion that the conditions were appropriate as receded by the Planning Crnmission. Mary Stutz, Chairman - Pathways Cmndttee, elaborated on conditions 4.D. and 4.E. concerning pathways. in her opinion the conditions were not unreasonable as remmplded by the Commission. MOTION SECONDED AND CARRIED: Moved by Allison, seconded by Rydell and passed unani- mously by all menbers present to adopt Resolution #99-85 approving tentative parcel map for Lands of Berry Hill, Unit II, File TM #9-84 with conditions of approval as recaamended by the Planning Cmrdssion and approved by Council. h) Ordinance # amending Section 4-3.11-1 entitled "Designated Private Roads" of Chapter 3 of Title 4 of the Los Altos Hills Municipal Code (adding Old Page Mill Lane) (FIRST READING) At the 6/19/85 Council meeting, Council had directed staff to initiate procedures to amend the Town ordinance designating private roads by adding Old Page Mill Lane INION SECONDED AND CARRIED: Moved by van Tenelen, seconded by Allison and passed unanimously by all mebezz present to waive further reading of Ordinance #297 entitled "Designated Private Roads" of Chapter 3 of Title 4 of the Ins Altos Hills Municipal Code (adding Old Page Mill Lane) MOTION SECONDED Am CARRIED: Moved by Allison, seconded by van Tamelen and passed unanimously by all members present to introduce ordinance #297. -5- CITY COUNCIL MEVI'ES - August 7, 1985 F. SPECIAL ORDERS: Item 1 - Public Hearings (continued): i) Ordinance # amending Chapter 5 entitled "Zoning" of Title 9 of the Ws Altos Hills Municipal Code to amend Article 2 thereof entitled "Definitions," to add Article 9 thereto entitled "Site Development," and to amend Article 12 thereof entitled "Administration and Enforcement." (FIRST READING) Council expressed some concerns about the docunent before then for consideration both of a substantive and editorial nature. MOTION SECDNDED AND CARRIED: Moved by van Tamelen, seconded by Dronkert and passed unanimously to continue the public hearing on this matter to the 8/21/85 Council meeting. PASSED BY CONSENSUS: To schedule a study session for 4:00 p.m. on 8/21/85 to discuss the proposed site development ordinance. j) Resolution # adopting an appropriation limit for the 1983-84 fiscal year The City Manager referred to his 7/31/85 staff report vhich recomTended adoption of the resolutions before Council on the appropriations limits and also noted that the failure of the Tuan to adopt the previous years' appropriations limits prior to the end of each fiscal year had had no substantive effect. MOTION SECONDED AND CARRIED: Moved by van Tamelen, seconded by Rydell and passed by the following roll call vote to adopt Resolution #100-85 adopting an appropriation limit for the 1983-84 fiscal year. AYES: Mayor Dronkert and Councilmenbers Rydell and van Tamelen NOES: Councilmanbes Allison ABSENT: Mayor Pro Ten Euhrman k) Resolution # adopting an appropriation limit for the 1984-85 fiscal year MOTION SECONDED AND CARRIED: Moved by van Tamelen, seconded by Rydell and passed by the following roll call vote to adopt Resolution #101-85 adopting an appropriation limit for the 1984-65 fiscal year AYES: Mayor Dronkert and Councilmembers Rydell and van Tamelen NOES: Council.member Allison ABSENT: Mayor Pro Ten Fuhxman 1) Resolution # adopting an appropriation limit for the 1985-86 fiscal year MOTION SECONDED AND CARRIED: Nbved by van Tamelen, seconded by Rydell and passed by the following roll call vote to adopt Resolution #102-85 adopting an appropriation limit for the 1985-86 fiscal year AYES: Mayor Dronkert and Ccuncilmembers Rydell and van Tamelen NOES: Comcilmennb r Allison ABSENT: Mayor Pro Ten F au: an Allison stated that he voted against these resolutions because he felt they were meaningless in light of the City Manager's report. CITY EDUNCIL MMUIES - August 7, 1985 SPECIAL ORDERS: Item 1 - Public Hearings (continued): �Ar m) Resolution #------appropriating revenue sharing monies for the fiscal year 1985-86 MDrION SECONDED AND CARRIED: Moved by Allison, seconded by van Tamelen and passed unanimously by all members present to appropriate the remaining balance of the revenue sharing monies to the reconstruction of Conejo Court rather than to the Fremont S-curve project. M7TION SE03NDED AND CARRIED: Moved by Allison, seconded by van Tamelen and passed unanimously by all members present to adopt Resolution #103-85 appropriating revenue sharing monies for the fiscal year 1985-86 as amended by Council. n) Resolution #_adopting the budget for the fiscal year 1985-86 MITION SE(LNDED AND CARRIED: Moved by Allison, seconded by van Tamelen and passed unanimously by all manbers present to adopt Resolution #104-85 adopting the budget for the fiscal year 1985-86. 2. Presentation, certification and consideration of initiative petition regarding zoning ordinance (pending completion of verification of signatures by the Registrar of Voters) The City Clerk stated that she had received verification from the Registrar of Voters office that of 1,105 signatures on the petition, 951 were those of registered voters in the Tuan. Los Altos Hills has 5,591 registered voters. M71'ION SECONDED AND CARRIED: Moved by Allison, seconded by van Tamelen and passed unanimously by all members present to adopt Resolution #105-85 calling a special election to be held in the City of the Tcwm of Ins Altos Hills on November 5, 1985 for the purpose of submitting to the qualified voters thereof a proposed initiative ordinance to amend the zoning law of the Tann; and making provision for conducting said election and providing for notice thereof PASSED BY CDNSENSUS: To direct staff to make available to the public copies of Resolution #105-85 and the City Attorney's mare dated 8/2/85 on the Adobe Creek Lodge Initiative Petition The City Attorney noted that deadline for filing of arguments regarding the petition was 5:00 p.m. on 8/14/85 with the City Clerk and the deadline for filing rebuttals was 5:00 p.m. on 8/21/85 with the City Clerk. Mrs. Spencer, 27490 Sherlock Road, suggested that the City Attorney's conments on s issue be in the next Town newsletter. Mrs. SheriEmling, 11853 Marietta, stated that she felt it was inportant that the Council write the rebuttal to the argument for the petition. PASSED BY CONSENSUS: Agreement that Council would write the rebuttal to the argument for the petition, that Councimnember Allison would draft the rebuttal and that the draft would be circulated and reviewed prior to the study session on the 21st and wound be filed by 5:00 p.m. bC CITY COUNCIL MIN= - August 7, 1985 F. SPECIAL ORDERS: (continued) : 3. Resolution #_approving final parcel map and approving and authorizing execution of subdivision agreement for the Lands of Palo Alto Unified school District This item was continued at the request of the applicant. 4. Resolution # approving and authorizing execution of private driveway maintenance agreement between the Palo Alto Unified School District and the City of the Tann of Ins Altos Hills, and ordering recordation thereof This item was continued at the request of the applicant. 5. Resolution # of the City Council of the Town of Los Altos Hills requesting the tax collector of the County of Santa Clara to levy certain charges against real properties. This resolution included a sucmery of the properties Council had previously authorized to have weed abated. MOTION SB03MED AND CARRIM; Moved by Allison, seconded by Hydell and passed unani- mously by all members present to adopt Resolution #106-85 requesting the tax collector of the County of Santa Clara to levy certain charges against real properties 6. Resolution # approving and authorizing execution of agreement between Martin J. Taaffe, Jr., Arline Carnale Reed, and James O. Taaffe and the City Lbw of the Tann of Los Altos Hills, and ordering recordation thereof The City Attorney had been directed by Council at the 7/17/85 meeting to prepare the resolution and agreenent now before them for approval. MOTION SECONDED AND CARRIED: Moved by Allison, Seconded by van Tamelen and passed unanimously by all members present to adopt Resolution #107-85 approving and authorizing execution of agreement between Martin J. Taaffe, Jr., Arline Camiele Reed, and James 0. Taaffe and the City of the Town of Ins Altos Hills, and ordering recordation thereof 7. Resolution # awarding a contract for the Barron Creek Dredging Project Staff reported that two proposals had been received at bid opening at 11:00 on 8/7/85. Staff's recmmendation was the low bid presented by K.J. MdGranahan and staff also recommended that $8,000 be transferred frrm carryover project 515 General Creek Maintenance to project 509 Clear/Dredge Barron Creek. MOTION SBCO DED AND CARRIED: Moved by Allison, seconded by van Tmelen and passed unanimously by the following roll call vote to adopt Resolution #108-85 awarding a contract for the Barron Creek Dredging Project (K.J. MCGranahan - $32,800) AYES: CW cilnxmbers Allison, Rydell and van Tamelen NOES: Mayor Dronkert AB=: Mayor Pro Ten EUhmian SD CITY COUNCIL MINUTES - August 7, 1985 p`� F. SPECIAL ORDERS: Item 7 - Barron Creek Dredging Project (continued): M7PION SECONDED AND CARRIED: Moved by Allison, seoonded by van Tamelen and passel by the following roll call vote to transfer $8,000 frau carryover project 515 General Creek Maintenance to project 509 Clear/Dredge Barron (reek. AYES: CouncilnEnbers Allison, Rydell and van Tamelen NOES: Mayor Dronkert ABSENT: Mayor Pro Tan Fuhrman Mayor Dronkert stated that she did not vote in favor of the matter because she felt the Council had received incomplete information and no background materials on the subject. 8. Resolution # approving final parcel map of Lards of Kava and approving and authorizing execution of subdivision agreement. This matter was continued at the request of the applicant. 9. Resolution # approving final subdivision map of Fawn Creek Court sub- division and approving and authorizing execution of subdivision agreement. MYTION S1xODIDID AND CAIU=: Moved by Allison, seconded by Rydell and passel unanm=sly by all nEmbers present to adopt Resolution #109-85 approving final subdivision map of Fawn Creek Court subdivision and approving and authorizing execution of subdivision agreement. G. UNFINISHEDD BUSINESS: 1. Items Removed from the Consent Calendar: a) Approval of Minutes: July 24, 1985* mDTioN sncc IDID AND CARRIED: Moved by van Tamelen, seconded by Allison and passed unanimously by all m tubers present to approve the 7/24/85 minutes with the following amendment: Page 2, Item B, second paragraph, first sentence should read: 'Allison stated that he had serious concerns about this matter and if they were not addressed, he world oppose the JPA.' b) LANDS OF LINDSAY, FILE SA #1-84, 13151 W. Sunset Drive, Site Approval The Planning Commission had recommended approval of this site approval at its meeting on 7/10/85, subject to the conditions of approval as reconmiede3 by the C mrmission. John Riley, applicant's engineer, had requested this item be removed from the Consent Calerdar as he wished to appeal two of the conditions on behalf of his client. Specifically, they were requesting the deletion of the five foot increase in right- of-way for Chapin Fuad and the deletion of the increase to sixty feet for the right-of-way of Sunset Drive. Mr. Riley was requesting that the 40' right-of-way of Sunset Drive remain in place. Mrs Marjorie Lindsay, applicant and Mr. John Riley applicant's enamor r each addressed the Council on these requests and explained their position. In part they felt the conditions would result in a loss of value for the lots, would result in more grading and drainage and poorer locations of the homes resulting in visual *Rydell abstained from approval of the 7/24/85 minutes as he was not present at the meeting. 0 C= COUNCIL MINUTES - August 7, 1985 G. UNFINISHED BUSINESS: Item l.b) Lands of Lindsay (continued): inpact on the neighbors. A petition and several letters were filed with the Clerk from the neighbors on West Sunset requesting these conditions approved by the Planning Cmmission be reconsidered. M>TION SE00= AND CARRIED: Moved by Dronkert, seconded by Allison and failed by the following roll call vote to amend the condition for Lards of Lindsay allowing the 40' right-of-way on Sunset Drive not to be increased to 60' AYES: Mayor Drcnkert and Councilumanber Allison NES: Councilmmbers Rydell and van Tamelen ABSENT: Mayor Pro Tem FuJarr[an M7TION SENfIDED AND CARRIED: Moved by van Tamelen, seconded by Rydell and passed unanimously by all members present to approve the Lards of Lindsay, File SA #1-84 with conditions of approval as recomiended by the Planning Comuission. c) IANDS OF HANSEN, FILE SA #2-85, 26415 Anacapa Drive, Site Approval M71'ION SBC3NDED AND CARRIED: Moved by Allison, seconded by van Tamelen and passed unanimously by all members present to go past the 11:30 p.m. hour of adjournment to 12:30 a.m. The Planning Coimnission at its 7/24/85 meeting recomende3 approval of the site approval for Lands of Hansen subject to conditions of approval as recamerded by the Planning Comdssion. Mr. William Downey, Acting Chairman of the Roads and Drainage Committee, had requested UTsitem be removed from the Consent Calendar as he had serious drainage concerns about this lot. According to the geotedudcal map, the entire lot was in a landslide area. Mr. Solomon, member - Roads & Drainage Committee, expressed concern that additions angmery a areon this lot d result in increased runoff on an already unstable area at a lower level. Planning Conmissioner Siegel referred to condition 6.a. which stated that the conditions of approval for this site could be recorded. Mr. Siegel stated that the commission took this action which world advise future owners of the lot of the possible cost of making the lot safe. Mr. Guiliani, applicant's engineer, conuente3 that in his opinion development of the lot would make it more stable than leaving it undeveloped. He further noted that at the site development stage, storm drainage systems would be designed to address these concerns. In conclusion, Mr. Guiliani requested that the Council remove condition 3.a which stated that the owner would grant a 10' wide pathway easement along the southern property line and would construct a usable pedestrian path with steps to the satisfaction of the City Engineer and Pathway Committee. Mr. Guiliani felt this condition was an invasion of his client's privacy, was unsafe and was detrimental to the security of the property. of the condition for a path on the Hansen property. They felt it was an unnecessary request and presented a negative impact on their privacy and security. -10- CM COUNCIL MINUTES - August 7, 1985 G. UNFINISHED BUSINESS: Item l.c) LANDS OF HANSEN, FILE SA #2-85 (continued): In addition a petition had been filed with the Tann on 8/7/85 signed by residents requesting the elimination of the required pedestrian pathway on Lards of Hansen. Mary Stutz, Chairman - Pathways Committee and Jean Struthers, Planning Commissioner. addressed the Council concerning the path. Mrs. Stutz explained the rationale behind the Pathways Committee request for such a path (children could use it to get to Pinewood School; if the path were not there it would be quite a distance to go around). Mrs. Stutz asked that if Council decided not to require a path, that they ask for an easement. Mrs. Struthers was concerned in that this was the only opportunity to require the path. If, on the other hand, it was required and they determined that it was not necessary, the Council could return it or close the path. Mr. Hansen, applicant, stated that he was tired of picking up debris on his lot and felt it would be much more stable developed. In addition he thought the path was an invasion of his privacy and presented a security problem. Already three of his neighbors had been robbed. MOTION SECONDED AND CARRIED: Moved by Rydell, seconded by Dronkert and passed by the following roll call vote to delete condition 3.A from the Conditions of Approval for Lands of Hansen, File SA #2-85. AYES: Mayor Dronkert and Councilmemberc Allison and Rydell NOES: Councilmemher van Tamelen ABSENT: Mayor Pro Tem Fubrman PASSED BY CONSENSUS: To amend Condition 1.A to read as follows: "Development of the site is constrained by steep potentially unstable slopes, erosion and a previously reported landslide area. Accordingly, as rec miendel by the 'town Geologist in his letter of May 15, 1985, the applicant's geotechnical consultant shall review and approve all of the geotechnical aspects of the development plans (i.e., site preparation and grading, site drainage, and design parameters for the foundations, bridge and retaining walls) to ensure that his recvmrendaticns are incorporated. The results of these reviews shall be described in a letter by the geotechnical con- sultant and submitted to the Town Engineer and Geologist for review and approval prior to issuance of a site development permit." MOTION SECONDED AND CARFJED: Moved by van Tamelen, seconded by Rydell and passed u,nanimT,sly by all members present to approve LANDS OF HANSEN, FILE SA #2-85 with conditions of approval as reocnvended by the Planning Commission and as amended by Council. MOTION MADE TO RE(DNSIDER THE PREVIOUS MOTION: Mayor Dronkert requested the previous motion be reconsidered as she had misunderstood and thought Council was voting on the awzx1 ent to the conditions of approval. MOTION SECONDED AND CARRIED: Moved by van Tamelen, seconded by Rydell and passel by the following roll call vote to approve IANDS OF HANSEN, FILE SA #2-85 with conditions of approval as recommended by the Planning Commission and as amended by Council. 4 AYES: Counciln�rs Allison, Rydell and van Tamelen fir' NOES: Mayor Dronkert ABSENT: Mayor Pro Tem FWu:man Mayor Dronkert stated that due to the geotechnical reports, eammittee recommendations and staff reports, she did not feel this was an appropriate lot to approve for site approval. -11- CITY COUNCIL MINUTES - August 7, 1985 H. SPECIAL REPORTS: MOTION SECONDED AND CARRIED: Moved by Allison, seconded by Rydell and passed unanimously by all members present to go past the extended hour of the 12:30 a.m. adjcurrment. 1. Reports from Standing Committees: a) Pathway Committee: MOTION SECONDED AND CARRIED: Moved by van Tamelen, seconded by Dronkert and passed unanimously by all members present to reappoint Mrs. Mary Stutz as Chairman of the Pathway Committee for one more teen. 2. Reports from Ad Hoc Committees: a) Code Enforcement - William Siegel Mr. Siegel, member - Code Enforcement Sub -Committee, presented a proposed handout for prospective buyers in Los Altos Hills. If approved by Council, this handout would be distributed to realtors, newspapers, etc. to reach as many potential buyers as possible. PASSED BY CONSENSUS: To direct William Siegel and Mary van Tamelen to determine the appropriate distribution of the building and site report available to prospective buyers of los Altos Hills property. 3. Comments from the Council: a) Allison: Employment projections for Santa Clara County and related transportation issues MOTION SECONDED AND CARRIED: Moved by van Tanelen, seconded by Allison and gassed unanimously by all members present to direct the Mayor to tzmm+ni tate the following opinions to the Board of Supervisors, Transportation Commission, Metropolitan Transportation Commission and the Intergoverarental Council: 1) That the continued piecemeal development of North Santa Clara County does not contribute to the health, safety and welfare of its residents, and that regional planning is necessary; 2) That levels of employment, realistically achievable housing, and transportation capacity of the region are interrelated and should be considered concurrently; and 3) Tyat, by virtue of their needless duplication and unrealistic assumptions, the multiplicity of North Santa Clara County employment projections released by the State, ABAG and the county planning and development departments represent a misuse of public funds. b) van Tamelen - landscape proposal for Ton Hall lands The proposal received from Hardesty Associates was continued to the next Council meeting. C) van Tamelen - North County Library Authority van Tamelen reported that the Authority was working on the ballot argument and it was hoped this argument would be signed by David Packard and Wallace Stegner. -12- CITY COUNCIL MUTFES - August 7, 1985 H. SPECIAL REPORTS: Item 3. Comments from Council (continued): d) Dronkert - El Retire Dronkert reported that Jean Struthers had presented a letter to the IQs Altos Planning Commission concerning the Council's reconue dations regarding E1 Retire and the Candssion had concurred with these recamendations. e) Dronkert - Disaster Site Development Ca ttee Dronkert reported that the Disaster Site Development Cmnxtee would be meeting at 6:30 p.m. on 8/14/85. f) Dronkert-Bottle Bill Dronkert reported that she axil Allison had met with Assenblyman Ernest Konnuy regarding the Bottle Bill and it was possible Mr. Konnyu might reevaluate his position and support the Bottle Bill. g) Dronkert - League of California Cities PASSED BY CONSENSUS: 7b appoint Mary van Tamelen as the voting delegate from the Town at the Annual Conference of LOCC unless van Tamelen is unable to attend and wishes to appoint another oounci7manber h) Dronkert - Status of Fire Damaged house on Fremont The City Manager, in response to the Mayor's request for a status report on When this property would be cleaned up, stated that the owners had been given thirty days to take care of the clean up of the property. i) Dronkert - Santa Clara Valley Water District's brochure on 'Why do people amp their trash in creeks?' PASSED BY OJNSENSUS: To ask Purissima Water District if they could include this brochure in their billings to residents. -r ua�•�•� ��••i -�•� na « � n i � «a is 1. City Manager: a) Fiscal Year -End Closing MYTION SECONDED AND CARRIED: Novel by van Tamelen, seconded by Allison and passed unanimously to approve the adjustments made by the Financial Consultant in his 7131/85 mane in closing the 1984-85 fiscal year. b) Appointment of Acting City Manager The City Manager noted that he would be out of the office the week of August 12th and asked Council to appoint Michael Enright as Acting City Manager for that period of time. PASSED BY CONSENSUS: To appoint Michael Enright as Acting City Manager for the week of August 12, 1985. -13- CITY ODUNCII, MINUTES - August 7, 1985 I. STAFF - REPORTS, ODRRESPONDENCE AND ANNJUNCEMMS: (continued): 2. City Attorney: 3. City Clerk: Report on Council Correspondence The Council accepted the Report on Council Correspondence dated 8/2/85. 4. City Engineer: Edith Avenue Bridge The City Engineer reported that the Edith Avenue Bridge was scheduled to be opened at the end of August and when the date was determined there would be an official opening of the bridge. J. NEW BUSINESS: 1. Informational Petition received by the Town concerning a possible Moody Court Sewer Assessment District (Moody Road near Tanglewood lane, along Moody Court to Toyon Place) The City Engineer referred to his staff report dated 8/1/85 whichincluded the staff recamendation that the petitioners be requested to further study the proposed project to determine the ultimate cost and desire of the affected owners. Mr. David Jansson, 27440 Sherlock Court, expressed his concern for the future and stated e was trying to plan ahead. Septic tanks had only so long of a life span ` and now the drain field system was plugged up and could not be used. Mrs. Spencer, 27490 Sherlock Court, submitted several names in writing of residents Wno wishecL to nave their names reproved from the petition. Mrs. Spencer further questioned the acceptability of the petition and requested clarification of the notification process involved. In conclusion, Mrs. Spencer wondered if perhaps this was more an issue of developrent of land rather than sewer availability. Mr. Steve McReynolds, moody Court, stated that since the petition before Council did not represent 8 o e a ected owners, the Council should not be considering the matter at all. Mr. and Mrs. Boissevain, 27181 Sherlock Road, submitted a letter they wished to go in the record which stated that although they were unable to attend the greeting, they were firmly opposed to any sewer district in their area of the hills. (This letter is on file at Town Ball.) Council and staff reiterated that this was a very prelim;nary stage; however, if itproceeded there would be scheduled public hearings, ratification of all residents involved, etc. PASSED BY ODNSENSUS: To take the informational petition received by the Town con- cerning a possible Moody Court Sewer Assessment District under advisement and to request staff to have the applicant provide additional justification of the project, including health hazards and construction costs involved. -14- CITY WUNCIL MRVYES - August 7, 1985 J. NEW BUS=SS: (continued) : 2. Request from Planning Cmmission to have a Councilmanber attend their Camdssion meetings. The Council took no action on this request. 3. Request to name a cul-de-sac in the Town after the Carrington family who at one time lived in the Town. Ms. Alma Carrington Taylor, San Jose, addressed the Council and referred to her ettl er d ted 793785 3 85 concern +g naming a small cul-de-sac off Natoma Road after her family. Her letter (on file at Than Hall) gives a detailed history of the family and their residence in the Hills. PASS® BY CONSENSUS: To direct the City Attorney to prepare the apropriate docu- ments naming the small cul-de-sac off Natcma Road 'Carrington Circle' in light of the historical significance of that name in the oomnmiity. There being no further new or old business to discuss, the City Council adjourned at 2:30 a.m. Respectfully submitted, Patricia Dowd, City Clerk -15-