HomeMy WebLinkAbout10/01/1980CITY COUNCIL
TOWN OF IAS ALTOS HILLS
26379 Fremont Road
Los Altos Hills, California
MINUTES OF A REGULAR MEETING
Wednesday, October 1, 1980
cc: Reel 127, Tr. 2, Side II, 425 -end and Tr. 2, Side I, 001-159
Mayor Nystrom 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 Nystrom, Councilmemkers Hillestad, Perkins and Proft
Absent: Councilman McReynolds
Staff: City Attorney Frank Gillio, City Engineer/Planner John Carlson,
Planning Commission Representative Michael Stewart and Deputy City
Clerk Pat Da®d
Press: Florence Pallakoff, los Altos Town Crier; Mary Schmich, Peninsula
Times Tribune
Item Removed: H.1 (Proft)
nYTION SECONDED AND CARRIED: bioved by Hillestad, seconded by Proft and passed
by all members present to approve balance of Consent Calendar, specifically:
2. Approval of Warrants: $14,064.59
3. Time Extension Requests:
a) Request for extension to November 7, 1981 for filing of final map,
JAMS OF STEERS, File TM #2087-78.
b) Request for extension to November 20, 1980 for Planning Commission
consideration, LANDS OF BANE, File TM #6-80.
4. Resolution for Adoption:
a) Resolution #1313 accepting certain pathway improvements in connection
with final parcel map no. 440-M-1 & 2, LANDS OF HUTCEIINS
Removed Item:
1. Approval of Minutes: September 17, 1980
MOTION SECONDED AND CARRIED: Moved by Hillestad, seconded by Proft and passed
by the following roll call vote to approve the Minutes of September 17, 1980
amended as follows: Page 3, Item D. 3. b), the last paragraph should read:
l Council noted that the Tann had an opinion from the City Attorney but if the
group opposing the caboose wanted to obtain a second opinion it was their option.
CITY COUNCIL MINUTES - October 1, 1980
B. CONSENT CALENDAR: Removed Item B.1, Approval of Minutes (continued)
AYES: Mayor Nystrom, Councilmenbers Hillestad and Proft
NOES: None
ABSENT: Councilman McReynolds
ABSTAIN: Councilman Perkins
(For the record, Councilman Perkins noted that since he had not heen present
at the September 17, 1980 meeting, he would abstain from the vote approving the
minutes of that meeting.)
C. SPECIAL REPORTS:
1. Reports of Standing C autittees:
a) Pathways Committee:
Mrs. Fran Stevenson Chairman/Pathway Cmmittee, brought to the Council's
attention the situation of the existing bikeway on the section of Arastradero
at the entrance to Saddle Mt. Estates. The Committee's suggestion to lessen
the danger at this area was to immediately move the island toward the freeway
to provide three to four foot bike lanes on each side of Arastradero.
Mrs. Artemas Ginzton, 28014 Natuna Road, addressed the Council on behalf of the
Santa Clara County Sub-Comdttee on Trails and Pathways and submittal a letter
concerning this same bikeway problem.
Council directed the City Engineer to prepare a report on this issue including
consideration of the reammendations made by Mrs. Stevenson and Mrs. Girton
and present it at the next Council meeting.
2. Reports of Ad Hoc Committees: none
3. Reports from the Planning Cammission: none
4. Presentations from the Floor:
Stanlev Peterson, 24737 Prospect, addressed the Council on three issues
1) the truck traffic on Stonebrook Avenue and the related noise problem. Mr.
Peterson suggested a bicycle pathway as a partial solution; 2) Adobe Creek:
Mr. Peterson supported the Town buying Adobe Creek and possibly using it as a
park; and 3) the possible installation of a bus stop at E1 Monte aid Stonebrook.
On this last issue it was agreed the Mayor would write a letter to the Trans -
portion Agency asking than to look into this matter.
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1. City Engineer:
a) Report on Lands of Reiser, Parcel Map 349 M 21, Street Improvements
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CITY COUNCIL MINUTES - October 1, 1980
D. STAFF - REPOLQ'S, CORRESPONDENCE AND ANNOUNCEMENTS: Item l.a) continued)
The City Engineer noted that the proposed road was twelve feet wide and had
a rock surface. He further noted that the applicant was aware that the road
would need continual maintenance and was considerably narrower than the Town
Standards. The staff recommended approval since the road was private and the
owner was aware of the liabilities involved.
MOTION SECONDED AND CARRIED: Moved by Proft, seconded by Nystrom and passed
by all members present that Condition 2.a of the Conditions of Approval for the
Lands of Reiser, Parcel Map 349 M 21, be revised to indicate a twelve foot (12')
roadbed with a rock surface as shown on the modified Improvement Plan dated
September 1980, and having been modified by Mr. Reiser and Condition 2.d be
revised to remove the requirement of the construction of the fire road.
E. SPECIAL ORDERS:
1. Ordinance #265 amending Article 3, entitled "Sewer Use" of Chapter 4 of
Title 6 of the Ios Altos Hills Municipal Code by re -numbering the article
and sections thereof. (SECOND READING)
MOTION SECONDED AND CARRIED: Moved by Proft, seconded by Hillestal and passed
by all members present to waive further reading of Ordinance #265.
MOTION SECONDED AND CARRIED: Moved by Proft, seconded by Hillestad and passed
by all mambers present to adopt Ordinance #265 amending Article 3, entitled
`, "Sewer Use" of Chapter 4 of Title 6 of the Los Altos Hills Municipal Cade by
re -numbering the article and sections thereof.
2. Public Hearings:
a) Ordinance # adding Sections 9-5.208(1) and 9-5.208(2) to Chapter
5 entitled "Zoning" of the Los Altos Hills Municipal Code, and by
anending Sections 9-5.209 and 9--5.502, and Subsection (a) of Section
9-5.503 thereof. (continued from 8/21/80 Council meeting)
The City Engineer reported that the Planning Commission was recommending this
item be dropped from the agenda. A now ordinance was being written for which
a new public hearing would be scheduled.
M2ION SECONDED AND CARRIED: Moved by Hillestad, seconded by Nystrom and passed
by all members present to table ordinance #_adding Sections 9-5.208(1) and
9-5.208(2) to Chapter 5 entitled "Zoning' of the Los Altos Hills Municipal Code,
and by amending Sections 9-5.209 and 9-5.502, and Subsection (a) of Section
9-5.503 thereof.
b) Appeal of Planning Commission approval of Site Development permit
for tennis court/pool/spa, File A #4775, 12169 Padre Court (continued
from 9/17/80 meeting)
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CITY COUNCIL MINUTES - October 1, 1980
E. SPECIAL ORDERS: Public Hearing 2.b) File A #4775 (continued):
NOTION SECONDED AND FAILED: Moved by Proft, seconded by Perkins and failed
by the following roll call vote to continue this item until there was a full
Council present.
AYES: Councilman Proft
NOES: Mayor Nystrom, CouncilmaNxxs Hillestad and Perkins
ABSENT: Councilman McReynolds
Ven Lee, applicant, stated that the matter had already been to Site Development
and Planning Couauission and schedulel on two previous Council meetings. He did
not want to see it postponed again.
Councilman Proft stated that he had appealed the Planning Caunission's approval
of this matter because he felt it was not in conformance with the Town's Gereral
Plan and the tennis court policy. Councilman Perkins supported this noting that
while certain issues could be addressed, the important issue was whether the
General Plan and the tennis court policy were going to be abided by.
Peter Shaw, landscape architect, spoke to the Council on behalf of the applicant
stating the effect the landscaping would have on the land.
Planning Commission Representative Michael Stewart stated that the Co mission
had approved it with mitigating measures, i.e., the landscape plan mitigated
L the excessive fill.
bw MOTION SECONDED AND FAILED: Moved by Proft, seconded by Hillestad and failed
by the following roll call vote to upinld the action of the Planning Conmission
in approving LANDS OF LEE, A #4775.
AYES: Mayor Nystrom and Councilwoman Hillestad
NOES: Councilmenbers Perkins and Proft
ABSENT: Councilman McReynolds
Councilwoman Hillestad questioned why a tie vote on an appeal resulted in a
failed vote. The City Attorney was asked to provide a written legal opinion
on this matter and report back to Council. The applicant would be advised of
this opinion.
C) Request for Tentative Map Approval, LAMS OF BURDICK, File TM
#2101-79 (continued from 9/17/80 meeting)
The City Engineer reported that the applicant's engineer had sulmitted a
revised four lot subdivision with suggested mitigation measures. The staff
reoaumerded approval with the reduction of the subdivision from 5 to 4 lots and
the addition of the five mitigation measures listed in the City Engineer's
9/11/80 report.
Council discussed the Negative Declaration and the proposed five mitigating
measures and agreed there should be a sixth one added as follows: "The
residence on Int 5 shall be located west of the knoll."
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CITY COUNCIL MINUTES - October 1, 1980
E. SPECIAL ORDERS: Public Hearing 2.c) JAMS OF BURDICK (continued):
MOTION SECONDED AND CARRIED: Moved by Perkins, seconded by Nystrom and passed
by all members present to adopt the Negative Declaration, LANDS OF BURDICK,
File TM #2101-79, with the five mitigating measures listed in the City Engineer's
report dated September 11, 1980 and the sixth mitigating measure added by
Council as follows: "The residence on Lot 5 shall be located west of the knoll."
The City Engineer noted that since his earlier report on the Tentative Map
there was one additional oxmment. The Pathway Committee had asked for an
additional path easement along Elena Road. In response to a question from
Councilman Perkins, the City Engineer further stated that these Conditions
of Approval reflected what had been considered by the Planning Commission.
The Conditions had peen revised to reflect a four lot rather than five lot
subdivision.
Mrs Fran Stevenson Chairman/Pathway Committee, addressed the Council on the
request for an additional path easement along Elena Idyl.
MOTION SECONDED AND CARRIED: Moved by Nystrom, seconded by Perkins and passed
by all members present to amend Condition I.C. to read ". . . .minimun width
of thirty-five feet (35') and shall. .
MOTION SECONDED AM CARRIED: Moved by Proft, seconded by Perkins and passed
by all members present to add Condition 1.D.5): "The Owner shall dedicate a
minimum ten foot (101) pedestrian/equestrian easement along the westerly boundary
of Lot 2 adjacent to Elena Road for the full length of Lot two (2), the precise
location to be determined in the field to the satisfaction of the City
Engineer."
MOTION SECONDED AND CARRIED: Moved by Perkins, seconded by Hillestad and passed
by all members present to add the following to Condition 1.E.: "The drainfield
for lot 4 shall be allowed in the conservation easement.
MOTION SEODNDED AND CARRIED: Moved by Proft, seconded by Perkins and passed
by all members present to add Condition 9.C. "The paved area on the driveway
from lot 1 to Lot 3 shall not exceed ten feet (10') unless approved by the
Town Engineer."
MOTION SECONDED AND CARRIED: Move. by Proft, seconded by Nystrom and passed
by all members present to amend Condition 10.A, to real: .sight distance
on Elena Road based on 30 mph."
MOTION SECONDED AND CARRIED: Moved by Perkins, seconded by Pmft and passed
by all members present to add the following statement to Condition 10.E. M :
"In the event a new formula is subsequently adopted, it would be substituted
in place of the formula that appears in Condition 10.E.(4).
PASSED BY CONSENSUS: To add a new Condition 11 to read: "The footprint of the
residence on Lot 2 is limited to 3,500 square feet." Condition 12 then becomes
,IF,,..
MOTION SENNDED AMID CARRIED: Moved by Perkins, seconded by Hillestad and passed
by all members present to approve the Tentative Map, LANDS OF BURDICK, File TM
#2101-79, subject to the Conditions of Approval as amended by Council.
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CITY COUNCIL MINL12ES - October 1, 1980
E. SPECIAL OMER5: Public Hearings -- continued:
d) Appeal of Variance and Permit Commission denial for LANDS OF
SPI=, File VAR #8-80 (continued from 9/17/80).
The City Engineer reported that the Variance and Permit Camrission hal denied
approval of this variance on 8/27/80, noting that the structure did not conform
to the fourth requirement for a variance. Of the three alternatives to the
denial, the applicant close to appeal the decision to the City Council.
Mr. Jack London applicant's lawyer, addressed the Council on behalf of Mrs.
Spilker reiterating why be felt the conditions for a variance had been met,
particularly the issue of hardship.
Eric Spangen era and Ruth Spangenbera 2100 Old Page Mill Foal, spoke to the
Council against the Variance and also sulmitted to Council petitions signed by
other neighbors who were against the granting of the variance.
Councilmembers then discussed the six requirements for a variance as listed in
Section 9-5.1107 of the Los Altos Hills Municipal Code. It was noted regarding
the issue of hardship that since the applicant did have other alternatives to
the variance, than hardship was not actually a factor.
MOTION SECONDED AND CARRIED: Moved by Hillestai, seconded by Perkins and
passed by all members present to deny the variance for Lands of Spilker, File
VAR #8-80.
Council specifically noted the following regarding this denial. Proft felt that
the first and fourth requirements for a variance had not been met. Perkins
noted that the second and third requirements had cot been met and he also
supported the Variance and Permit Commission's decision that the fourth require-
ment was not met. Mayor Nystrom noted that he supported the denial because
there were other alternatives open to the applicant.
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G. NEW BUSINESS:
Mrs. June Conlon 12900 Tripoli Court, sulanitted a letter to the Council Con-
cerning her property, the Lands of Anderson and her concerns about the drainage
situation. Council asked the City Engineer to look into this matter and present
a report at the next Council meeting or the meeting on November 5, 1980.
The City Council than adjourns] to Executive Session for Litigation at 11:15 P.M.
and reconvened at 11:45 P.M.
H. ADJOURI44ENT:
There being no further new or old business to discuss, the City Council adjourned
at 11:45 p.m.
Respectfully submitted,
Patricia Dowd
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