HomeMy WebLinkAbout07/02/1980CITY OJUNCIL
TOWN OF IDS ALTOS HILLS
26379 Fremont Road
Los Altos Hills, California
MINUTES OF A REGULAR NEEDING
Wednesday, July 2, 1980
cc: Reel 126, Side I, Tr. I, 030 -End
Mayor Nystrom called the Regular Meeting of the City Council to order at 7:40 p.m.
in Council Chambers of Town Hall.
A. ROLL CALL & PLEDGE OF ALLEGIANCE:
Present: Mayor Nystrom, Councilmenbers Hillestad, McReynolds, Perkins & Proft
Absent: None
Staff: City Manager Robert Crane, City Attorney Frank Gillio, City Engineer/
Planner John Carlson, Planning Comtission Representative Mary varfTamele
Deputy City Clerk Pat Dowd
Press: Florence Pallakoff, Los Altos Tuan Crier; Richard Hanner and Ruthann
Richter, Peninsula Times Tribune
B. CONSENT CALENDAR:
Items Removed: B.1 (Proft) and B.3a) (Perkins)
MOTION SECONDED AMID CARRIED: Moved by Hillestad, seconded by Perkins and passed
unanimously to approve balance of Consent Calendar, specifically:
2. Approval of Warrants: $97,722.78
* 4. Notions for Adoption: motion setting July 16, 1980 as the Public Hearing
date for the following:
a) LANDS OF HUM, File TM #3-80
b) LANDS OF TMAPSON, File TM #4-80
C) Resolution # adopting the Palo Alto sewer service charge final
report and aurthorizing transmittal to the Santa Clara County
Assessor's Office.
d) Resolution # adopting the Los Altos sewer service charge final
report and authorizing transmittal to the Santa Clara County Assessor's
Office.
* Correction to aaerda: Items 5 a) and 5 b) on the agenda should have been shown
under Motions for Adoption rather than Resolutions for Adoption. This correction
�/ does not affect the motion approving then on the Consent Calendar.
CITY COUNCIL MINUTES - July 2, 1980
f B. CONSENT CALENDAR (continued)
%W 5. Resolutions for Adoption:
a) Resolution #1283 accepting improvements, LANDS OF SAN ANTONIO
RANCHO, Unit 1, Tract 6314
b) Resolution #1284 accepting improvements, LANDS OF SAN ANTONIO
RANCHO, Unit 2, Tract 6461
c) Resolution #1285 accepting improvements, LAIRS OF SAN ANIONIO
RANCHO, Unit 3, Tract 6462
d) Resolution #1286 setting the time and place of hearing on proposed
additions and anerdments to the text of Chapter 5 of Title 9 of the
Los Altos Hills Municipal Code entitled "Zoning Law of the Tuan of
Los Altos Hills," and consisting of adding Sections 9-5.208(1) and
9-5.208(2), and by anerding Sections 9-5.209 and 9-5.502, and Sub-
section (a) of Section 9-5.503 thereof, and consideration of adoption
of proposed negative declaration in connection therewith.
Removed Items:
1. Approval of Minutes: June 18, 1980
MOTION SECONDED AMID CARRIED: Moved by Proft, seconded by Perkins and passed
unanimously to approve the Minutes of June 18, 1980 mended as follaas: Page 1,
Iter B.3a), first paragraph should read, . . .and that at that time the map
shall have the correct contours for the corral area designated on the map;
because the land is much flatter than the contours indicate. Page 4, Item D.2a)
Notion should read: Mova3 by McReynolds, seoarded by Proft and passed unanimously
to reject the claim of Kevin Jones due to insufficiency of claim because it fails
to amply substantially with the requirements of certain sections of the Govern-
ment Cede, namely it was presented later than the 100th day after the accrual of
the cause of action.
3. Actions of the Variance and Permit Commission - reommmerded granting of
the following:
a) LANDS OF VON HUENE, File VAR #4-80
Perkins asked if there was access to the facility and also noted that it would
be located along one of the most attractive trails in Tuan and appropriate land-
scaping should be required.
The City Engineer responded that an access easement hal been agreed to by the
neighbor; in addition to the easement to the Tam, these was a vehicular ingress/
egress easement. (The .use of the shed would be to stare a glider plane.)
MOTION SECONDED AND CARRIED: Moved by Perkins, seconded by McReynolds and passed
unanimously to add Condition #4 to the Conditions of Approval to read: The
variance will go before Site Development and at that time the landscaping require-
ments will be addressed.
MOTION SECONDED ASID CARRIED: Nbved by Hillestad, seconded by Nystrom and passed
uman usly to approve LANDS OF VON HUEN>E, File VAR #4-80, as reo mmended by the
Variance and Permit Cannission and as amended by Council.
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CITY ODUNCIL MINUTES - July 2, 1980
V 1. Reports of Standing Committees: none
2. Reports of Pd Hoc Ccmnittees:
Perkins noted that the Pd Hoc Public Safety Study Committee held its first
meeting on July 1, 1980 and it was very successful. Their next meeting was
scheduled for July 8, 1980.
Reports from the Planning Co fission:
Mrs. vanTamelen asked the Council if they wished the Planning Commission to
still schedule a joint meeting with Palo Alto's Planning Comnission. Nystrom
asked Mr. Stewart to report on the June 20 Palo Alto Planning Commission meeting.
Michael Stewart13456 Manloli Drive and member of the Planning Commission,
stated that he had attended the June 20th meeting which resulted in the Palo Alto
Planning Commission's reoamuendation to their Council that high density family
housing be allowed on a portion of property near Arastradero and a vacant six -
acre parcel. They did respect the 210 foot setback. Mr. Stewart further noted
that they were moving very quickly on this issue; it was his opinion that it was
politically motivated and to date there had been no Envirormental Impact Report.
He stated that this matter was a scheduled item for the July 21 Palo Alto City
Council meeting and suggested that the Town sere a representative to that meeting.
McReynolds stated the Town should take an active role in working with Palo Alto's
Planning Commission; diplomatic relations should be established. Hillestad
suggested that either the Chairman of the Planning Commission or Mr. Stewart put
it in writing that an Envirommental Impact Report is needed. Perkins noted that
the issue had recently become much more clarified; he suggested that the Town
clearly state its concerns and let Palo Alto know what it would object to. Mayor
Nystrom will arrange to meet with Mayor Henderson of Palo Alto. Also attending
this meeting will be Dr. Perkins and a representative from the Planning Commission.
In response to Mrs. varTamelen's question, after this meeting with the Mayors,
a joint meeting of the Planning Commissions will be scheduled.
a) Tennis Court Policy Statonent
The City Manager made two changes for clarification purposes on page 2 of the
statement. Paragraph 2 on Grading should read, . . . .or the total grading
(cut and fill) exceeds twelve feet (12'). Any proposed projects in excess of
the rec=Tenled maximums will be carefully reviewed at a meeting of the Planning
Coamission.
MOTION SECONDED AND CARRIED: Moved by Hillestad, seconded by Proft and passed
unanimously to send the tennis court policy statement to the City Attorney for
him to put in resolution form.
Mrs. Hillestad asked the Mayor to write the Chancellor of Foothill College asking
him to outline the procedures regarding the use of the college's facilities.
CITY COUNCIL MINUTES - July 2, 1980
SPECIAL ORDERS: (continued)
4. Presentations from the Floor:
Thomas Hunt, 950 Old Trace Road, Palo Alto, spoke to the Council concerning
the rezoning issue in Palo Alto. He also noted, for the record, the letter
of June 27, 1980 written by Vincent Liu on this subject. Mr. Hunt stated his
opinion that it was politically motivated and also noted that they could not
receive any information in Palo Alto either. He asked the Council to take
strong action.
1. City Manages:
a) Law Enforcement Contract
The City Manager recommended approval of the 1980-81 Law Enforcenent Contract
as presented to Council.
McReynolds questioned if the Town's service could be affected due to a cutback
in funds.
Lt. James MCLarney, Sheriff's Department, told the Council he would go to the
fiscal officer with any specific problems and get the needed information.
Paul N:xaack, 24696 Olive Tree Court, made the suggestion that the patrol cars
in the Hills use no radar and have unmarked cars. He felt these changes would
be much more effective.
MOTI0N SECONDED AMID CARRIED: Moved by McReynolds, seconded by Hillestad and
passed unanimously to adopt Resolution #1287 approving the 1980-81 law Enforcement
Contract.
City Attorney:
The City Attorney reported on the Intergovernmental Council's request that the
cities consider a "barking dog ordinance" used by the city of San Francisco and
also initiate changes in the fine section of the County Animal Ordinance. The
City Attorney expressed the opinion that such problems should be resolved by
the complaining neighbors and the dog owners and should not involve the expendi-
ture of city resources. He also suggested that the proposed fine section would
be ineffective in controlling the problem.
MXION SECONDED ASID CARRIED: Moved by McReynolds, seconded by Proft and passed
unanimously to accept the City Attorney's recommendations and not adopt the
barking dog ordinance.
E. SPECIAL ORDERS:
Request for Final Map Approval, LANDS OF BALERI RANCH, FM #8-80
MOTION SECONDED AND CARRIED: Moved by McReynolds, seconded by Hillestad and
passed unanimously to adopt Resolution #1288 approving final subdivision map of
Tract No. 6891 and approving and authorizing execution of subdivision agreement.
The City Council then adjourned to Executive Session for Litigation at 8:50 p.m.
and reconvened at 9:40 p.m.
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CITY C OLNCIL MINUTES - July 2, 1980
E. SPECIAL ORDERS (continued)
2. Public Hearings:
a) Request for Tentative Map Approval, LANDS OF RICA, File TM #2095-79
Due to a possible conflict of interest, Councilwoman Hillestad removed herself
from consideration of this matter.
The City Engineer presented his report and recommended adopting the Negative
Declaration with the following four mitigating measures: (1) Storm drainage
improvements to carry water from improvements to Chaparral Way; 12) Landscaping
for erosion control; (3) Conservation easements for lard over 408 and swales over
308; and (4) All drainage and underground facilities shall be installed in a
manner to prevent erosion.
In response to questions from Councilmemmbers, the City Engineer made the following
comments: (1) this property had the sane detail regarding storm drainage as the
adjoining property; conformed to the subarea plan element study; (2) there were
easements to cover offsite drainage down from the property between Chaparral &
Moody and between Moody and Adobe Creek; (3)there would be no additional crawling
outside roadway and additional grading necessary to correct driveway grade would
be taken up in retaining walls which were shown on the Tentative Map. Council
requested that a 5th mitigation measure be added to read: Any further grading
on the road to modify the profile will require use of retaining walls within the
258 limit.
In response to a question from McReynolds concerning the rationale behind not
requiring an Environmental Impact Report, the City Engineer stated that with the
mitigating measures and the four reasons stated in his 12/12/79 staff report, it
was not felt an FSR was necessary. He further noted that the applicant had hired
a traffic engineer and that one of the recommended conditions of the tentative map
was a barrier designed by a traffic engineer for the area on the south side of
Chaparral Way. McReynolds still had concerns about the driveway, namely, the
slope was in excess of 25% and the ordinance states it should be less than 20%.
Proft referred to the 2/6/80 City Council Meeting Minutes and received Council's
concur-_ence that three of the four issues had been taken care of, namely, grading
(other than the driveway), drainage and more detailed improvement plans. Regarding
driveway safety Nystrom asked the City Engineer to note what changes had been
made since the last map. The City Engineer responded that the last map had a
different approach configuration to Chaparral Way and the grade didn't flatten
out before it met Chaparral Way. Since then the traffic engineer had reeamiended
flattening of 58 grade, striping, hots dots, etc.
M3TION SECONDED AND FAILED: Moved by Perkins, seconded by Nystrom and failed by
the following roll call vote to adopt the Negative Declaration, LANDS OF RICA,
with the five proposed mitigating measures.
AYES: Mayor Nystrom and Councilman Perkins
NOES: Councilmembers McReynolds and Proft
PRESENT: Councilwoman Hillestad
4W Mr. Proft noted, for the record, that his negative vote was based on the question
of safety of the proposed driveway as it relates to human beings.
062
CITY CDUNCIL MINUIES - July 2, 1980
E. SPECIAL ORDERS (continued) - Item 2.a) LANDS OF RIGGEN
The City Manager asked Council if it was their intention to have a complete
Environmental Impact Report prepared. Mayor Nystrom also asked Council if
there were other problems besides the steepness of the driveway that the
applicant should correct. Proft replied that the other items had been
addressed.
MMON SECDNDED AMID CARRIED: Moved by McReynolds, seconded by Proft and passed
by the following roll call vote to allow applicant to return with proposed
mitigating measures that address the concerns over driveway safety.
AYES: Mayor Nystrom, Councilmembers McReynolds, Perkins and Proft
NOES: None
PRESENT: Councilwoman Hillestad
b) Request for Tentative Map Approval, LANDS OF BURDICK (formerly Lards of
Manuel) , File TM #2101-79
The City Engineer reported that the Planning Cc mission recommended approval
of the Tentative Map with a Conditional Negative Declaration. It was the staff's
recommendation that the Tentative Map be denied because the amount of lots was
too intense for the constraints on the property (i.e. mise, geologic fault,
heavily wooded area, visability and steep slope); there were obvious deviations
from the General Plan. Staff suggested an Environmental Impact Report be required.
Paul Nowack, applicant's engineer, reviewed the various problems and stated that
4 they had met all the requested requirements.
Council noted that there were several interlocking problems and felt that most
of these issues should be resolved at the staff level.
Many van Tamelen, Chairman/Planning Commission, reviewed the list of issues and
explained how the problems had been addressed and solved. The nunber of lots was
not so much as issue as solving the various problems which the Planning Commission
felt they had done.
MMION SECONDED AMID CARRIED: Moved by McReynolds, seconded by Proft and passed
by the following roll call vote to deny the Negative Declaration, LANDS OF BURDICK
AYES: Councilmmibers Hillestad, McReynolds, Perkins and Proft
NOES: Mayor Nystrom
The City Manages asked Council if it was their intention to have a complete
Environmental Impact Report prepared.
WrI0N SECONDED AMID CARRIED: Moved by McReynolds, seconded by Perkins and passed
unanimously to allow the applicant to sukmit a mitigation plan that addresses the
issues raised by the staff, in lieu of an Environmental Impact Report.
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CITY COUNCIL MINUTES - July 2, 1980
F. GENERAL ORDERS AND UNFINISHED BUSINESS:
�. 1. Palo Alto Unified School District - intent to sell the following surplus
sites:
Page Mill/Alexis Site 59 acres+ Los Altos Hills
Page Mill/Arastradero Site 9 acres -+ Los Altos Hills
WrION SECONDED AM CARRIED: Moved by Perkins, seconded by Proft and passed
unanimously to send a letter to the Palo Alto Unified School District stating
that the Town desired to purchase the two sites.
2. JAMS OF GLGLI, File FM #3079-79, Tract #6763 - Request for three-year
time extension for installing improvements.
MOTION SE(SINDED AND CARRIED: Moved by Hillestad, seconded by McReynolds and
passed unanimously to grant the three-year time extension for installing improve-
ments subject to the provision that Mr. Gigli increase the deposit 10% each year
for the next three years.
3. Geraldine Steinberg, Board of Supervisors - Fire District Report
Regarding the Los Altos Fire Protection District, Mrs. Steinberg outlined the
problem: approximately a $238,000 deficit and reported on the reaummended action:
a November Ballot Phasure. She asked that no action be taken at the present
Council meeting but rather that it be scheduled for the next meeting. She hoped
to get possible support for the tax override hill and also surae Council partici-
pation on a Task Force in lying the language and the policy of such a hill.
Mrs. Steinberg also briefly outlined the financial projections for the Los Altos
Fire District. A workshop was scheduled for July 3, 1980 in Council Chambers
to review and study these figures.
G. NEW BUSINESS:
Perkins introduced the three members of the Ad Hoc Public Safety Study Camuttee
who were present: Donald Hillestad, George Pfeiffer and Bruce Th=pson (Chairman)
MDTION SECOMED AND CARRIED: Moved by Hillestad, seconded by Nystrom and passed
to cast a unanimous white ballot appointing Joseph Duchnahl and Mary van Tanelen
to four-year terms on the Planning Camuission.
Gflmnnl• ma
There being no further new or old business to discuss, the City Council adjourned
at 11:30 p.m. to a Budget Session at 11:00 a.m. on Tuesday, July 15, 1980.
Respectfully submitted,
Patricia Dodd
Deputy City Clerk
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