HomeMy WebLinkAbout02/06/1980CITY COUNCIL
TOWN OF IO.S ALTOS HILLS
26379 Fremont Road
Los Altos Hills, California
Iu141i14. 7Xrill, . NalYI
Wednesday, February 6, 1980
oc: Reel 123, Tr. 1, Side 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 and Councilmembers Hillestad, Nystrom, Perkins
and Proft
Absent: None
Staff: City Attorney Frank Gillio, City Engineer/Planner John Carlson,
Planning Cocmission Representative Mrs. Judith Carico and Deputy
City Clerk Pat Dowd.
Press: Florence Pallakoff, Los Altos Tuan Crier and Charles Hall,
Peninsula Titres Tribune.
The City Council then adjourned to Executive Session for Personnel at 7:45 p.m.
and reconvened at 8:37 p.m. to consider the balance of the Agenda.
B. CONSENT CALENDAR:
Councilman Perkins requested removal of Item B.4.b) for separate consideration.
M7TION SECONDED AND CARRIED: Moved by Councilman Nystrom, seconded by
Councilman Perkins and passed unanimously to approve the balance of the
Consent Calendar, specifically:
1. Approval of Minutes: January 16, 1980
2. Approval of Warrants: $48,853.21
3. Actions of the Variance and Permit Commission - rewmiended granting
of the following:
a) LAPUS OF CLIFTON, File VAR #7066-80
4. Proclamations & Resolutions for Adoption:
a) Proclanation for "National Engineers Week"
c) Resolution #1261 approving and authorizing execution of agreenent
between the City of the Town of Los Altos Hills and St. Nicholas
Catholic School.
= COUNCIL MINUTES - February 6, 1980
B. CONSENT CALENDAR (Continued):
`r Council then opened discussion on the following item as removed from the
Consent Calendar:
4. Proclamations & Resolutions for Adoption:
b) Resolution # supporting a motor vehicle inspection/maintenance
program
Councilmembers expressed their concerns regarding this item. Specifically,
Councilman Perkins noted that the EPA requirements place an unwarranted
burden on individuals. He also noted that individuals would be at the
mercy of these establishing these maintenance procedures and criteria.
Mayor McReynolds also crnmented that the information supplied was incomplete.
MOTION SECONDED AND CARRIED: Moved by Councilman Nystrom, seconded by Mayor
McReynolds and passed by the following roll call vote to not approve a resolu-
tion supporting a motor vehicle inspection maintenance program.
AYES: Mayor McReynolds, Councilmenbers Nystrom, Perkins and Proft
NOES: None
ABSTAIN: Councilwoman Hillestad
C. SPECIAL REPDRIS•
t 1. Reports of Standing Cmmittees:
a) Pathway Ccnmdttee - Formal presentation to the Council of the two
branding irons to be used for the pathway insignias.
Mrs. Joanne O'Such1 Pathway Comrittee, introduced Mr. Alan Throop to the Council.
Mr. Alan Throop presented the two branding irons which he was cumv ssioned
to ma�� Pathways Committee to the Council_ Mr. Throop also had a
wood block which showed what the final imprints would look like. The Council -
members complimented Mr. Throop on his excellent work and thanked him on
behalf of the Town.
2. Reports of Ad Hoc Committees: none
3. Reports from the Planning Ccxmmission: none
4. Presentations fm the Floor:
a) Commuz-dty meetings on transit policies and fares.
There was no public opinion expressed on this item. Council did point out
that the onunty transportation oummission would be holding a Somal public
hearing on the proposed fare changes on February 27 for anyone who might be
interested.
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CITY COUNCIL MINUTES - February 6, 1980
t D. STAFF - REPORTS, CORRESPONDENCE & ADAKIUNCII+ENPS:
i/ 1. City Manager:
a) Resolution # approving the 1979-80 Law Enforcement Contract.
In the absence of the City Manager, the City Planner outlined for the Council
the basic changes in the proposed law enforcement contract. Councilman
Perkins suggested that this item be continued until the City Manager could
present his report. Mr. Perkins further suggested that one councilmember be
assigned to become fully knaaledgeable regarding this matter. Counci lwaman
Hillestad also noted that this contract was not just for lns Altos Hills but
also included Cupertino, Saratoga and Monte Sereno. Mrs. Hillestad further
noted that this contract represented a substantial increase over the amount
budgeted for and this was an important consideration.
MOTION SECONDED AM CARRIED: Moved by Councilman Perkins, seconded by
Councilor an Hillestad and passed unanimously to continue Item D.l.a)
until the next Council meeting and to appoint a Counrcir to work
with the City Manager on this matter.
b) Resolution #1262 adopting radar survey.
In the absence of the City Manager, the City Planner reported that the speed
survey established speed limits for certain streets and it was required that
this survey be repeated every five years.
Mr. Gordon Penfold, Security Officer, described to the Council h� he had
conducted this survey. His report to the City Manager dated February 1, 1980
listed several new streets in addition to previously surveyed streets and
listed the recommended speed limits to be established. Mr. Penfold noted
that nothing had changed in the past five years; the only change was that
the deputies would nae be able to use radar on the new streets.
MOTION SECDNDED AND CARRIED: Moved by Councilwaman Hillestad, seconded by
Councilman Nystrom and passed unanimously to adopt Resolution #1262 approving
the speed survey report.
E. SPECIAL ORDERS:
1. Ordinance # amending Article 1 entitled "Animal and Rabies Control"
of Chapter 1 of Title 6 of the Ins Altos Hills Municipal Code. (FIRST
READING).
Mr. Frank Gillio, City Attorney, reported that the Council had previously
adopted by reference the Santa Clara County Animal Control Ordinance. This
ordinance was r being amended by adopting the County's recently enacted
provisions dealing with vicious animals.
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CITY ODUNCIL MINUTES - February 6, 1980
E. SPECIAL ORDERS (Continued):
4W 1. Ordinance # amending Article 1 entitled "Animal and Rabies Control"
of Chapter 1 of Title 6 of the Los Altos Hills Municipal Code. (FIRST
READING) (Continued)
Mayor McReynolds expressed serious concerns about the animal control ordinance.
These laws which were being established may not particularly apply to Los Altos
Hills. Furthermore, Mr. McReynolds felt that these laws could be subject to
interpretation and were being set up by administrators who may or may not have
consistent motives.
Councilmenbers Hillestal and Perkins expressed concern about the necessity
of protection frau vicious animals.
Mr. Frank Gillio, City Attorney, said that by adopting this ordinance the
Council would be conforming to what hal been adopted earlier by reference.
If this was not adopted, Mr. Gillio said that the Tuan could set up its own
animal control.
Inna Goldsmith, Pres. ;'Historical Society, reported to the Council that she
worked for the secretary of the animal control department of Palo Alto and
had also worked with the County and the Humane Society. Mrs. Goldsmith
suggested that the Council study bow Palo Alto has handled this problem
because it is very expensive to undertake having one's own animal control
center. Additionally, Mrs. Goldsmith stated that vicious animals could be
extremely dangerous and suggested that regulations concerning this matter
` should be enacted and enforced.
A
MOTION SECONDED AND CARRIED: Moved by Councilman Perkins,, seconded by Council-
man Nystrom and passed unanimously to postpone consideration of Item E.1 and
to assign a Couicilmember to carefully study this issue and report back to
the Council.
Request for Final Parcel Map Approval, LANDS OF HAM, File EM #3080-79.
The City Planner presented his report on the LANDS OF HAM. They had received
their Tentative Map on July 18, 1979 and the Final Parcel Map, as presented,
canplied with the provisions of law. The Improvement Plan for installation
of landscape screening, pathways, road improvawnts and drainage had been
reviewed and the design had been determined to be in accordance with the
applicable provisions of the Municipal Code, Town Standards and standard
civil engineering practices. All necessary fees hal been paid and a Subdivision
Agreement had been signed accompanied with the necessary security to insure
Faithful Performance of the improvements. The Planning Commission reoamiendsd
approval of the Final Map by the Council.
NATION SDODNDED AND CARRIED: Moved by Councilwoman Hillestal, seconded by
Councilman Nystmn and passed unanimously to adopt Resolution #1263 approving
final parcel map of Lards of Harm and approving and authorizing execution of
subdivision agreement.
SO
CITY COUNCIL MINUTES - February 6, 1980
Q E. SPECIAL ORDERS (Continued):
44r 3. Request for Final Parcel Map Approval, LANDS OF BABR, File FM #3075-79.
The City Planner reported on the LANDS OF BAHR. They had received their
Tentative Map on February 21, 1979 and the Parcel Map, as presented, complied
with the provisions of law. All necessary fees had been paid and no street
improvements were required. The Planning Commission recommended approval of
the Final Map by the Council.
Councilman Perkins questioned the status of the Three Forks Study. Mr. Gillio,
City Attorney, responded that the Bahrs had entered into an agreement with the
Tann of Los Altos Hills whereby Lots 1 and 2 would participate in any future
assessment district for the purpose of improving the roadway within the proposed
Three Forks Lane and in any future improvement district as required on the pro-
posed Three Forks Lane on Lot 1 to Page Mill Road via Country Way.
MOTION SECONDED AND CARRIED: Moved by Councilman Nystrom, seconded by Council-
woman Hillestad and passed unanimously to adopt Resolution 41264 approving and
authorizing execution of agreement between the city of the town of Ins Altos
Hills and Robert J. Bahr and Alice M. Bahr, and accepting and ordering recorda-
tion of the agreement.
MOTION SECONDED AND CARRIED: Moved by Councilman Nystrom, seconded by Council-
woman Hillestad and passed unanimously to adopt Resolution #1265 approving final
parcel map.
6 4. Public Hearings:
a) Request for Tentative Map Approval, LANDS OF RIGGEN, File 7M #2095-79,
2 Rots.
Due to a possible conflict of interest, Councilwanan Hillestad removed herself
from consideration of this matter.
The City Planner presented his report on the Lands of Riggen. The following
three mitigation measures were listed in the Negative Declaration: 1) Storm
drainage improvements to carry water from improvements to Chaparral Way; 2).
Landscaping for erosion control; and 3) Conservation Easements for land over
408 and swales over 30%. To these three measures, the City Planner recommended
adding the following: 4) All drainage and underground facilities shall be
installed in such a manner to prevent erosion. All disturbed land shall be
returned to its present state. Including these four mitigation measures, the
Planning Camdssion recommended that the negative declaration be filed with
the county clerk.
Mayor McReynolds noted that a driveway had been put in without benefit of a site
development permit. The City Engineer read frau the Los Altos Hills Municipal
Code, Title 9, Article 3, Section 9-3.301(b)(3): A site development permit
shall not be required for the following. . .for site development pursuant to an
agreement with the Tuan for the requirements placed on the filing of a parcel
map or final subdivision map. . .The City Planner stated that the Planning
Commission felt this exception applied to the driveway.
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CITY COUNCIL MINUTES - February 6, 1980
SPECIAL ORDERS (Continued);
4. a) Reguest for Tentative Map Approval, IANDS OF RI=, File TM #2095-79,
2 Lots (continued)
Mayor McReynolds again expressed his concern regarding the problem of grading
without a permit. He noted that Council needed to be consistent. They could
not accept one situation without a permit and not another. Mayor McReynolds
suggested this item be sent back to the Planning Commission for further consid-
eration and possible violation of the Site Develognent Chap. of Municipal Code.
Councilme hers then discussed several factors regarding this item which con-
cerned then. Councilman Perkins noted the responsibility and liability of the
Town and the Council collectively and individually regarding the matter of
safety. Mr. Perkins referred to the Ins Altos Hills Municipal Code, Title 9,
Chapter 4, Article 7, Section 9-4.706 regarding grading. This section states
in part that grades in excess of 208 shall not be allowed; yet, the profile
before Council showed grading in excess of 258 - up to 308. Mr. Perkins reminded
Council that the question of safety was involved. He suggested the Planning
Commission look at this as a hazardous and potentially dangerous situation.
Councilmen Nystrom and Proft expressed their concerns regarding drainage.
The Lards of Reed were involved and the problem of impervious surface. Coalition
7.D of the Conditions of Approval was a possible solution unless the lands of
Reed were involved. It was pointed out that the storm drainage system needed to
be demonstrated as workable before it could be approved.
Councilman Proft further questioned whether dedication of this portion of
far Chaparral had been considered. Mr. Proft further noted that several modifica-
tions had been proposed in the driveway in several locations. He wanted to
see exactly what kind of grading was going to be required; the exact proposal
alignment of the driveway to the nearby house and a profile of the proposed 4'
]menu in relation to the driveway and the house.
Mayor McReynolds stressed that the driveway safety was the primary issue and
needed to be seriously considered.
Planning Commissioner Carico asked the Council what it specifically wanted the
Planning Coranission to do regarding the Lands of Riggen. Mayor McReynolds
responded that it was up to the applicant to consider these issues and make
them workable with the Town's Standards.
MOTION SECDMED AND CARRIED: Moved by Councilman Nysten, seconded by Council-
man Proft and passed by the following roll call vote to send the request for
Tentative Map Approval, Lands of Riggen, hack to the Planning Commission for
further consideration, specifically of the following items: grading, drainage,
driveway safety and more detailed improvement plans.
AYES: Mayor McReynolds, Councilmemmbers Nystrom, Perkins and Proft
NOES: None
PRESENT: Councilwoman Hillestad
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CITY OODNCIL MINUrFS - February 6, 1980
E. SPECIAL ORDERS (Continued):
4. Public Hearings:
b) Request for Tentative Map Approval, LANDS OF PHILBRICK, File TM
#2102-79. (Appeal - Denial without prejudice at the Planning
Cmuission Meeting of January 9, 1980.)
The City Planner reported that on January 9, 1980 the Planning Cmrdssion had
reviewed the Negative Declaration for approval and indicated no changes and
then recmTnended denial without prejudice of the Tentative Map. The Planning
Camiission found that the proposal was too dense and intense for the slope of
the terrain. On January 22, 1980 Mr. and Mrs. Norman Phil -brick submitted a
letter of appeal.
M71ZON SECONDED AND CARRIED: Moved by Councilman Perkins, seconded by
Councilwnnan Hillestad and passed unanimously to adopt a Negative Declaration,
LVIDS OF PHILBRICR, File TM 42102-79.
The City Planner than reported on the Planning Camnission's findings with
regard to the Tentative Map. On November 28, 1979 the Tentative Map was first
considered. There were several questions about this map and the applicant was
asked to revise it. He further cannented that the slope density calculations
for the subdivision allows for 10 lots: 7 lots not subdividable and 1 lot sub -
dividable into 3 lots. One of the Planning Commission's major concerns was the
size or yield of each lot as they pertain to slope density. lots 1 and 2 were
particularly not in accordance with the intent of slope density. There seamed
06 to be two solutions to this problem: elimination of a lot or restriction of
development of a lot unit.
Mrs. Geraldine Philbrick, applicant, Presented their appeal to the Council.
She stressed that she and her husband were seriously concerned with preserving
large areas of open space and in maintaining the rural beauty of the Hills.
They hal lived in the Hills since 1957 and considered themselves neighbors not
developers. As part of their estate planning they were taking the necessary
steps to sell some of their property. Mrs. Philbrick stressed however that of
the 14.93 acres that they wined, their intention was to sell only a faa acres.
The lot on which their home was located, which was the largest lot, was not
subdividable in the future and the smaller lot, which was now her husband's
library, would remain their property while they lived.
Mr. John Riley, applicant's engineer, reiterated that of almost 15 acres, only
8 lots were being proposed. The aerial photographs taken of the Lards shnwad
that this was not a very dense arrangement; in fact, the general relationship
between the lots was one of space. He further caTmented that of the proposed
lots, each one was a superior building site: no drainage problems; carefully
considered street patterns.
Mr. Warren Thoits, attorney for the Philbricks, male the following four points:
1) nothing in the ordinances to preclude approval; 2) the Planning Comnission
applied a mathanatical formula to one lot and did not consider the overall sub-
division. what is fair to property owner and o unity must be considered; 3)
8 lots which could be 10; and 4) regarding slope density the entire subdivision
must be considered.
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CITY COUNCIL MINUTES - February 6, 1980
E. SPECIAL ORDERS (Continued):
4. b) Request for Tentative Map Approval, LANDS OF PHILBRICK, File TM
#2102-79. (Appeal - Denial without prejudice at the Planning
Camtission Meeting of January 9, 1980.) (Continued)
Victor Riches, Catharine Court, stated that although he did not know the
applicants, he thought that their map looked excellent and the lots seemed
to be pleasant. He urged the Council to let the applicants do what they
wanted to with their property.
Councilme hers then discussed several points regarding this item. Councilman
Perkins stressed that although the map complied with the ordinances, the slope
density formula sets the maximum. It is the only tool the Town has to restrict
development in the Hills and one must address the desirability of seeing that
the maximum is appropriate. In this particular case the one lot which was sub -
dividable was a separate consideration; the question was were the remaining 7
lots justifiable noting they had the maximum density allowed. Mr. Perkins
used the General Plan as a source and remarked that this map seemed to be
pushing hard at the limits for development.
Additionally, the following cannents were made by councilnxmbens: The Street B
access would take a lot of cutting and asphalt; Questioned that all the building
sites were good - saute seamed marginal; Concern for variance requests; Number
of lots requested by applicant too much in excess of what can be allowed
regarding slope density; and Map not in conformity to Los Altos Hills Municipal
L Code, Title 9, Chapter 4, Article 6, Section 9-4.604(7).
MOTION SECONDED AND CARRIED: Moved by Mayor McReynolds, seconded by Councilman
Nystrom and passed unanimously to uphold the Planning Conmission's denial with-
out prejudice the request for Tentative Map Approval, LANDS OF PHILBRICK, File
TM #2102-79, due to non-conformance with section 9-4.604(7), Lot size and re -
requirements, of the Subdivision Chapter of the Municipal Code, specifically
stating the following: 1) Five out of the seven lots are less than a lot unit;
2) At least three out of the seven building sites have slopes of 308 or more
which is contrary to the General Plan; and 3) The cross-section of Street B,
while on contour, will probably require substantial grading.
GENERAL ORDERS AND UNFINISHED BUSINESS:
1. Request frrm Mr. Binder for tennis court variance, IAMB OF BINHER, File
VAR #7055-78.
The City Planner reported that at their June 13, 1979 meeting the Planning
Camtission reoaanended approval of the request for a variance to allow a tennis
court to encroach 6 feet into the rear building setback line. At the June 20,
1979 City Council meeting, the vote on this item was split 2-2 and at Dr.
Binder's request the variance request was continued. The Planning Ccnmission's
recamiendation was still to approve the variance.
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CITY COUNCIL MINUTES - February 6, 1980
GENERAL ORDERS AND UNFINISHED BUSINESS (Continued):
`, 1. Request from Mr Birder for tennis court variance, LANDS OF BINDER, File
VAR #7055-78. (continued)
Mr. Melvin Hawley, applicant's attorney, surmmarized his client's case for a
variance. There were no objections from Dr. Birder's neighbors; in fact, they
were all oriented the other way and did not face onto the lot. The lot itself
was pie -shaped and the court would back onto Fremont mad. It would be possible
for Dr. Binder to push the court closer to his homme, reduce than size of it to
54'x114' and net need a variance. However, by receiving a variance, he would
be able to have a regular size court (60'x120') which could be much more attrac-
tive and safer.
Councilmanbers then discussed the question of 'hardship' regarding this variance
request. Planning Commissioner Carico explained why the Planning Cammission
felt this variance complied with the six conditions set forth in Section 9-5.1107
(b) of the Municipal Code. Councilman Perkins asked the City Attorney if it
was the intent of state regulation that if there were no objections, a variance
could be granted where there was no clearly defined hardship.
The City Attorney referred to the zoning ordinance and the conditions set forth
for variance requests. The problens arose applying these rules to the facts:
the particular facts before the Council must be considered while also taking
into consideration the public welfare.
Mayor McReynolds referred to the late 1960s in the history of the Hills at
which time there was little development. With several factors to consider
including the unstable areas of topography, the Town had two choices: preclude
all development or limit development. The resulting ordinances were well
thought out for the welfare of all and variances are considered with due deliber-
ation.
Mr. Victor Riches, 26200 Catharine Court, supported Dr. Binder's request for a
variance. He read the six conditions for a variance as stated in Section
9-5.1107 (b) and strongly felt that Dr. Birder's request met all of these con-
ditions.
Dr. Stephen Birder, applicant, reiterated that he could not make a better
summation than his lawyer, Mr. Hawley, had done earlier. He did note, however,
that variances should be considered on an individual basis.
MYIION SECONDED AM FAILED: Moved by Councihl an Hillestad, seconded by
Councilman Perkins and failed by the following roll call vote for a variance
for a 6' encroachment into the rear setback of the property, LANDS OF BINDER,
File VAR #7055-78.
AYES: Councilwoman Hillestad
NDFS: Mayor McReynolds, Councihnenbers Nystrom, Perkins and Proft
The Council's statement of findings regarding this decision is as follows:
Mayor McReynolds: Conditions 1 and 3 of variance request not met; Councilman
Proft: Conditions 1 and 3 not met; Councilman Perkins: Condition 1 not met and
Councilman Nystron felt the Tennis Court Policy Study should be completed before
a decision was made.
QTY COUNCIL MINUBES - February 6, 1980
G. NEW BUSINESS:
to 1. Resolution # 1266 adopting the Inter -City Council resolution creating
an action oriented subanmittee, consisting of representatives of each
city in the county whose purpose shall be to analyze the Industry and
Housing Management Task Force Report and to recrnmend ways for existing
goverx ents to implement solutions to the problems addressed therein.
Mayor McReynolds pointed out that this was an item which had been endorsed
by the Council earlier. An ICC Pd Hoc Committee had refined the earlier
resolution and this resolution was now before the Council for its approval.
No additional Council action was taken on this item. Mayor McReynolds was
appointed Council representative to the mmuittee.
There being no further new or old business to discuss, the City Council
adjourned at 11:90 p.m.
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lJ
Respectfully sulmitted,
Patricia Dowd
Deputy City Clerk