HomeMy WebLinkAbout11/07/1979CITY COUNCIL
fAW TOWN OF LOS ALTOS HILLS
26379 Fremont Road
Los Altos Hills, California
MINUTES OF A REGULAR MEETING
Wednesday, November 7, 1979
cc: Reel 120, Side I, Tr. I, 001 -End
Mayor Thomas McReynolds called the Regular Meeting of the City Council to order at
7:37 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 Manager Robert Crowe, City Attorney Frank Gillio, City Engineer/Planner
John Carlson, Planning Commission Representative Mary vanTamelen and Deputy
City Clerk Susan Carlson.
Press: Florence Pallakoff, Los Altos Town Crier.
B. CONSENT CALENDAR:
Councilwoman Hillestad requested removal of Item B. 3. a) and Councilman Proft asked
for removal of Item B. 4. a) for separate consideration.
MOTION SECONDED AND CARRIED: Moved by Councilman Perkins, seconded by Councilman Proft
and carried unanimously to adopt the balance of the Consent Calendar, specifically:
1. Approval of Minutes: October 17, 1979.
2. Approval of Warrants: $85,032.47.
Discussion then ensued on the following:
3. Actions of the Planning Commission - recommended granting of the following Condi-
tional Use Permit request:
a) LANDS OF ADOBE CREEK LODGE RECREATION CLUB, File C.U.P. #8037-79.
Councilwoman Hillestad stressed the need for a public hearing on this matter and for
some additional time to study the proposal in depth. Councilman Perkins asked that the
following be included in this review: 1) That the City Attorney study the proposal to
insure that legal problems of the past are not repeated; 2) That the Mayor and an
appointed sub -committee look at it from a fiscal planning viewpoint; 3) That the
previous concept of a pathway along the higher elevation be considered; and, 4) That
figures (see Condition #8) used are incompatible and need to be studied further with
comparable data from similar operations in the area. Councilmembers discussed briefly
the makeup of a sub -committee and determined to make that designation in the near future,
Mr. Zoller, Applicant's Representative, asked that Councilman Perkins either be a
member of this sub -committee or that his expertise be utilized to resolve the statis-
tical questions.
MOTION SECONDED AND CARRIED: Moved by Councilwoman Hillestad, seconded by Councilman
Nystrom and passed unanimously to set a public hearing for LANDS OF ADOBE CREEK LODGE
RECREATION CLUB, File C.U.P. #8037-79 at the Council meeting of December 5, 1979.
CITY COUNCIL MINUTES - November 7, 1979
t B. CONSENT CALENDAR: (Continued)
�I 4. Resolutions for Adoption:
a) Resolution #_ accepting certain improvements for Tract #5762, LANDS OF K00.
Councilman Proft questioned whether all problem areas for this matter had been rectified
and was advised by the City Engineer that the path issue had been resolved and that
motorcycle barricades had been installed.
MOTION SECONDED AND CARRIED: Moved by Councilman Perkins, seconded by Councilwoman
Hillestad and carried unanimously to adopt Resolution #1243 accepting certain improve-
ments for Tract #5762, LANDS OF KOO.
C. SPECIAL REPORTS:
1. Reports of Standing Committees: None
2. Reports of Ad Hoc Committees: None
3. Reports from the Planning Commission:
a) Report on proposed landscape policy.
Oamussiamler van Tamelen reported on the recent Ccnmission workshop where several sub-
committees had been re -activated, the policy statement on landscaping was adopted and
questions on Site Development procedures were raised. Mayor McReynolds advised of a
policy statement on Site Development fron the City Manager, after which Commcilmenibers
discussed methods of inplementing standards similar to those imposed on subdivision.
The City Attorney stated that Council might direct the administrative staff to insti-
(
v tute this procedure immediately and he would later prepare the appropriate ordinance.
FY7S CN SECOMED AMC) CARRT4'.f): Moved by Councilman Perkins, seconded by COuncibnan
Nystrom and carried unanimously to direct the immediate implesnentation of Code
procedures for subdivision on the Site Developnent process.
Councilnembers briefly reviewed the landscaping policy statement with consensus that
it be agendaed at the next meeting for further review and study. Councilwoman Hillestad
asked that the Planning Commission also provided policy statements on grading and
drainage.
4. Presentations from the Floor:
a) Request for approval of Eagle Soout Project from Jim May.
Mr. May, St. Francis Drive, outlined the proposal contained in his letter of October 30,
1979 for the beautification of the Fremont/Arastradero intersection as part of an
Eagle Scout Project and requested Council approval.
The City Manager and Councilmadbers praised Mr. May for his concern for the Town and
determined that the cost to the Toch would not exceed $500.
=ON SFCOM D AND CAM=: Moved by Councilman Nystrom, seconded by COUnei1WOman
Hillestad and passed unananously to approve the proposed Eagle Scout Project.
D. STAFF - REPORTS, CORRFSPCNDENM & ANNOONCEMMU'S:
1. City Manager:
a) Report on St. Nicholas School crossing.
The City Manager advised of the research made and introduced a memo from the Town 'a
Security Officer and a report from a consulting Traffic Engineer, advising Cantil to
adopt the recamnendations contained in both of these.
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C= CaMIL MINDT'ES - November 7, 1979
D. STAFF - REPORTS, CORIMPONDENCE & AMiGUNCEMK9'S: (Continued)
4W 1. a) City Manager/St. Nicholas crossing Report (Continued)
Mrs. Bodine, Nora Drive, cited the following to be considered in support of retaining
a crossing guard provided by the Tom: 1) 71 of the school families live in the Hills
and pay local taxes; 2) She neighboring community provides crossing guards for both
public and parochial schools within its boundaries; 3) The Town has not as yet res-
ponded on the legal liability question; and, 4) The City Manager has not met with
concerned parties as directed at the last Council meeting.
Mayor McReynolds advised the City Manages to take agressive treasures to meet with
those concerned within the next week. The City Attorney stated that use of State
traffic safety funds were at the discretion of the local govern ent, that if the
problem centered on the on/off ramps of IS280 CALTRANS aid might be enlisted in its
resolve and if the intersection itself was determined to be hazardous the Council
should do one of the following: 1) Close off the intersection; 2) Bear in total the
cost of a crossing guard; 3) Furnish a crossing guard who would be paid for by the
school; or, 4) Take whatever action recommended by the traffic engineer to resolve the
problem.
MOTION SECDNDED AND CARRIED- Moved by Councilman Nystrom, seconded by Councilwoman
Hillestad and carried nnan„n,nsly to continue this matter to the next meeting, directing
that the City Manager agressively continue negotiations to resolve the problem and
maintain the services of the Town's Security Officer as a crossing guard in the interim.
2. City Attorney:
c a) Report on Chaparral Way and proposed Resolution.
Mr. Pearlman, Attorney for the Horton, advised that he was having a court reporter
transcribe both this tatter and consideration of the Horton Tentative Map later.
The City Attorney then advised of the error on the Resolution approving Final Map
for Tract 46355 in September, 1978 which was the dedication for public use for a
small portion of Chaparral Way, the rest of which is private. He then recommnded
that the Council first adopt the Resolution before correcting the inadvertent acoep-
tance and that an amended Clerk's certificate be prepared.
M KION =LADED AND CARRIED: Moved by Councilman Perkins, seconded by Councilman Nystrom
and pas 1 owang roll call vote to adopt Resolution #1244 zmending Resolution
#1152, deleting public dedication of portion of Chaparral Way.
AYES: Councilnimbers Hillestad, Nystrom and Perkins.
NOES: None.
PRES=: Mayor McReynolds and Councilman Proft.
E. SPECIAL ORDERS:
1. ordinance #257 providing for historical preservation.
The City Attorney provided introduction, noting the revised sections now included.
M CN SEMNDED AND CARRIED: Moved by Councilor Hillestad, seconded by Councilman
Nystrom and passed unanimous ly to waive further reading of Ordinance #257.
M7rION SECa= AMID CARRIED: Moved by Councilwwoan Hillestad, seconded by Councilman
Nystrom and carried unannrously to adopt Ordinance #257 amrA;nq Title 9 of the Los
[ Altos Hills Municipal Code by adding thereto Chapter 6 entitled "Tandark Designation
'fir
and Preservation".
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CITY COUNCIL MINUTES - November 7, 1979
E. SPECIAL ORDERS: (Continued)
2. Ordinance # 256 amending Chapter 4 entitled "Sewage" of Title 6 of the Los Altos
Y=cipal Cade by adding thereto Article 3. (FIRST READING)
The City Attorney and City Manager advised of Palo Alto's request for this item in
order to facilitate their application for a grant to improve treatment facilities.
MOTION SECONDED AND CARRIED: Moved by Councilwoman Hillestad, seconded by Councilman
Nystrom and carried unanimously to waive further reading of Ordinance #
MOTION SECONDED ACID CARRIED: Moved by Councilman Nystrom, seconded by Councilman
Perkins and passed unani ly to introduce Ordinance # by title.
3. Request for Final Nap Approval, IANDS OF TAYLOR, File FM #3076-79.
The City Engineer introduced the Item,:calling attention to the final map and cross-
sections of Koch Lane as the approval requested.
MOTION SECONDED AMID CARRIED: Moved by Councilman Nystrom, seconded by Councilman
Pe -Xy [% � passed nnan;m usly to adopt Resolution 41245 approving Final Subdivision
Agreement and approving and authorizing execution of Subdivision Agraa"nnt, Tract
No. 6592, LANDS OF TAYLOR.
4. Public Hearings:
a) Request for Tentative Map Approval, LANDS OF HORTCN, File TM #2066-77.
Due to a possible conflict of interest, Mayor McReynolds and Councilman Proft removed
themselves from consideration of this natter.
MOTION SECONDED AMID CARRIED: Moved by Councilman Perkins, seconded by Councilman
Nystrom and passed by the following roll call vote to appoint Councilwoman Hillestad
Mayor Pro Tem to conduct the public hearing on the LANDS OF HORaON.
AYES: CouncilmenberS Nystrom and Perkins.
NOES: None.
PRESENT: Councilwoman Hillestad.
The City Engineer first provided a review of environmental assessments made for con-
sideration of the Negative Declaration, citing the four proposed mitigating measures
and remmnerding the inclusion of the December 11, 1978 soils engineering report as
an additional mitigating measure. CouncilnErbers discussed with Staff methods of
protecting the fragile soil imposition in the area and the Town's enforcement of the
conservation area being gift deeded by the applicant.
MOTION SECONDED AND CARRIED: Moved by Councilman Nystrom, seconded by Councilman
Perkins and carried the following roll call vote to adopt the Negative Declaration,
RANDS OF HO2TON, with the five proposed mitigating measures.
AYES: Counci7mmembers Hillestad, Nystrom and Perkins.
NOES: None.
PRESENT; Mayor McReynolds and Councilman Proft.
The City Engineer stated that much had occurred since Planning Commission approval of
this Tentative Nap and this was all noted in his memo of October 11, 1979. He then
summarized the following facts relative to this application: 1) All soils reports,
staff reports and sub -area planning information for Chaparral Way should be fully
4 considered; 2) Current proposal is for division into six lots; 3) Access is to be
provided off Altamont along one long cul-de-sac to serve all six; 4) Applicant wishes
this to be a private road; 5) Originally, this property was to be serviced by septic
tanks, but Staff now recommends sewer lines to restrict erosion; and, 6) Applicant is
required to submit overall storm drainage plan for all lots.
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CITY CDUNCIL KMUMS - November 7, 1979
E. SPECIAL ORDERS: (Continued)
4. a) IANDS OF HORTON (Continued)
Mr. Sardis, Applicant's Engineer, spoke for approval of the Tentative Map and the
Applrcaz�t's wish to have the entrance road be private.
Councilmembers discussed with the City Engineer the adequacy of the proposed road
to handle traffic from a six lot subdivision, their desire to maintain a rural
atmosphere versus his proposal for concrete swales and the steep slope of the area
in which the road was to be located.
Councilman Perkins offered the following as his concerns with the proposed sub
division: 1) That the Town has an obligation to look at both the overall property
and individual lots when considering slope density calculations; 2) That when
doing this subdivision on an individual basis three lots (Lots 2, 3 & 4) calculate
out at less than 1 acre each; 3) This, in turn, makes Lot 1 further subdividable
and the balance of the subdivision at only 4.2 acres; and, 4) That this non-compliance
with interpretative provisions of the Code does not lend itself to approval without
further study in this direction.
Mr. Sardis, Applicant's Engineer, felt that the problems were not insurmountable and
could be resolved with a sinple lot line change. He also spoke for putting a state-
ment on the face of the Map designating Lot 1 as not further subdividable.
Councilmembers talked about the density proposed as being too much for this par-
ticular area to handle, whether Lot 3 could be considered a questionable building
site and if further review of this matter was a Staff or Planning Commission function.
r Mr. McReynolds, hbody Road, told of the length of time this matter had been studied
`r and asked that it not be rushed again as that only created similar problems to what
were now being experienced.
Mr. Sandis, Applicant's Engineer, stated that the Tentative Map before Council was
the same one that had been there for a year and that it was in full ampliance with
all Town requirements.
Councilman Perkins stated that Town ordinances of now and of a year ago both addressed
the need to calculate subdivisions on an individual lot basis for slope density.
MOTION SECONDED AND CARRIED: Moved by Counciman Perkins, seconded by Councilman Nystrom
and passed by the following roll call vote to return the LANDS OF HORTON, File
TM #2066-77, to the Planning Commission for review of the revised Map and incorporation
of changes made since the Commission's previous study of this matter.
AYES: Councilmembers Hillestad, Nystrom and Perkins.
NOES: None.
PRESENT: Mayor McReynolds and Councilman Proft.
Mr. Pearlman, Attornfor A licant, advised of the Applicant's objection to a
connection of Chapir% Way with
A tamont across their property and asked that this
matter be fully discussed at the next public hearing on this Item.
b) Request for Tentative Map Approval, LANDS OF STEERS, File TM #2087-78.
The City Engineer provided a brief environmental review, noting the mitigating mea-
sures placed, i.e., conservation easement, structural height limitations and placement
Of building envelope on Lot 1.
MOTION SECONDED AND CARRIED: Moved by Councilman Nystrom, seconded by Councilwoman
F-ITTestad and carried unanimously to adopt a Negative Declaration, Lands of Steers,
with mitigating measures.
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CITY COUNCIL MINUTES - November 7, 1979
E. SPECIAL ORDERS: (Continued)
4. b) LANDS OF STEERS (Continued)
The City Engineer introduced the matter before Council as a proposal for dividing one
lot into two, located off the private road of Buena Vista Drive and including suggested
subdivision (at a later date) of Parcel A.
Mr. Abraham, A licant's Enndiineer, advised of the applicant's concern of the require-
ment for uti ity undergroung as exhorbitantly expensive at this stage of development.
Councilmembers then addressed the conditions, specifically the following
Condition 1.D d. - Councilman Proft questioned the wording and the following Motion was
then approved.
MOTION SECONDED AND CARRIED: Moved by Councilman Proft, seconded by Councilman Nystrom
and carried unanimously to reword the second sentence of Condition 1.D d. to read:
The width and alignment of the easement shall be recommended by the Town's Pathway
Committee and Planning Commission, and approved by the City Council.
Condition 3.A. - Councilman Perkins felt that this type of requirement caused early
subdivision of the entire Steers' property, after which Councilmembers discussed with
Staff the feasibility of bonding or other agreements to provide for undergrounding in
the future.
MOTION SECONDED AND CARRIED: Moved by Councilman Nystrom, seconded by Councilman Perkins
and passed unanimously to amend Condition 3.A to read: The existing overhead utilities
within the proposed Lot 1 & Parcel A shall be placed underground prior to the filing
E of the Final Map to serve the current residence and the new home.
V Condition 7.A - Councilmembers talked with Staff and the Applicant relative to the
difficulties experienced in obtaining a Private Road Maintenance Agreement from all
those living along Buena Vista Drive.
MOTION SECONDED AND CARRIED: Moved by Councilman Perkins, seconded by Councilman Nystrom
and carried unanimously to amend Condition 7.A to read: The owner shall make a reason-
able attempt to obtain a maintenance agreement for Buena Vista Drive with other
property owners who utilize the road. If obtained, this agreement must be executed
to the satisfaction of the City Engineer and the City Attorney prior to the filing of
the Final Map. In any case, there must also be an agreement between the present owner
and the buyer of Lot 1, subject to the approval of the City Attorney.
Condition 7.D - Councilmembers questioned whether it was necessary to require the
improvement of private roads to Town standards and the liability factors involved.
The City Attorney advised that the Council could: 1) Not grant the conditional excep-
tion to Town standards; 2) Require improvements with sufficient justification; and,
3) Grant the conditional exception and not require any improvements.
MOTION SECONDED AND CARRIED: Moved by Councilman Perkins, seconded by Councilman Nystron
and passed unanimously to amend Condition 7.D to read: The owner shall be granted a
Conditional Exception for improving Buena Vista Drive to Town standards in order to
maintain the rural nature of the area in accordance with provisions of the Los Altos
Hills General Plan.
MOTION SECONDED AND CARRIED: Moved by Councilman Perkins, seconded by Councilwoman
Hi lestad and carried unanimously to add as new Condition 7.F: Sheet 4 of the Tentative
Map, showing proposed lots, is not included as part of the Tentative Map approval.
6
L MOTION SECONDED AND CARRIED: Moved by Councilman Perkins, seconded by Councilwoman
Hillestad and passed unanimously to approve the Tentative Map request, LANDS OF STEERS,
File TM #2087-78, subject to conditions as recommended by the Planning Commission and
including all amendments made at this Council meeting.
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CITY COUNCIL MINUTES - November 7, 1979
E. SPECIAL ORDERS: (Continued)
4. c) Request for Tentative Map Approval, LANDS OF MELCHOR, File TM #2100-79.
The City Engineer gave a brief environmental review of the project and stated, in
response to Councilman Proft's question, that the areas covered in Conditions 10.0
and 10.0 were not felt to be included in an environmental impact study.
MOTION SECONDED AND CARRIED: Moved by Councilwoman Hillestad, seconded by Councilman
Nystrom and passed by the following roll call vote to adopt the Negative Declaration,
LANDS OF MELCHOR, File TM #2100-79.
AYES: Mayor McReynolds, Councilmembers Hillestad, Nystrom and Perkins.
NOES: None.
PRESENT: Councilman Proft.
Thereafter, the City Engineer provided introduction of the proposal to subdivide two
lots into six, the property location as adjacent to Westwind Way, and the impervious
surface limitations placed on the small and steep Lot #6. Councilmembers and the
Planning Commission representative discussed their feelings as to ordinance compliance
of Lot #6 and that the conditions placed thereon seemed to resolve all problems.
MOTION SECONDED AND CARRIED: Moved by Councilman Perkins, seconded by Councilman Proft
and carried unanimously to amend Condition 9.A to read: La Paloma Road shall be
improved to a width of 18' and drainage improvements installed to the satisfaction
of the City Engineer.
MOTION SECONDED AND CARRIED: Moved by Councilman Perkins, seconded by Councilman Nystrom
and passed unanimously to amend Condition 10.0 to read: Impervious surface limitations
shall be placed on Lot #6 due to its low fractional yield. This limitation shall be
a maximum of 8,600 square feet based on calculations shown in Exhibits 5 and 6 of the
Staff Comment Sheet, Planning Commission meeting of 9/12/79, as amended to show formulas.
Councilman Proft then cited his objection to approving this request as a report from
the Town Soils Consultant was not included and Councilmembers discussed the impact of
the absence of this report.
MOTION SECONDED AND CARRIED: Moved by Mayor: McReynolds, seconded by Councilman Perkins
and passed by the following roll call vote to continue consideration of the LANDS OF
MELCHOR, File TM #2100-79, until the soils report was completed and in the file.
AYES: Mayor McReynolds and Councilmembers Perkins and Proft.
NOES: Councilmembers Hillestad and Nystrom.
d) Resolution # ordering the vacation & abandonment of certain easement in
Los Altos Hills.
The City Manager introduced the Resolution and the public hearing was opened and closed.
MOTION SECONDED AND CARRIED: Moved by Councilwoman Hillestad, seconded by Councilman
Proft and passed unanimously to adopt Resolution #1246 ordering the vacation and aban-
donment of a certain easement in Los Altos Hills, under the provisions of the "Public
Service Easements Vacation Law".
5. Consideration of Resolution amending contract with Los Altos Garbage Company.
Mr. Renati, President/Los Altos Garba a Com an referred to his letter of November 1,
and attachments as outlining the reasons for the proposed rate increase. He then
answered Council questions as to methods of determining inclusions on the billings,
the 23% versus 30% increases and the costs of the semi-annual cleanups provided.
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CITY COUNCIL MINUTES - November 7, 1979
( E. SPECIAL ORDERS: (Continued)
�+ 5. Los Altos Garbage Company rate increase (continued)
MOTION SECONDED AND CARRIED: Moved by Councilman Nystrom, seconded by Councilman
Perkins and passed by the following roll call vote to adopt Resolution #1247 amending
the Schedule of Rates for garbage collection and disposal services, and approving the
proposed 23% rate increase.
AYES: Mayor McReynolds and Councilmembers Hillestad, Nystrom and Perkins.
NOES: Councilman Proft.
F. GENERAL ORDERS & UNFINISHED BUSINESS
1. Request from H. Reiser for time extension, File PM #349 M 21.
Mr. Reiser, Central Drive, stated that expiration for completion of improvements on
Nis -subdivision was drawing near and that he was requesting some additional time.
Councilmembers discussed with Staff the increasing costs which must be covered for
the Town's responsibility and the need for more cost information when deciding on this
request.
PASSED BY CONSENSUS: To agenda Mr. Reiser's request at the next meeting, earlier in
t emeetorder to obtain from Staff more complete data on costs involved.
2. Request from B. Oppenheim, 12787 Normandy Lane.
L As Mr. Oppenheim or a representative was not present, Councilwoman Hillestad suggested
�r that this item be continued and that Staff research the costs of tree removal and the
liabilities.
G. NEW BUSINESS:
1. Consideration of Santa Clara County Animal Ordinance.
Council consensus was to continue this matter until the next meeting.
Mr. Pfendt, Astra Estates, requested Council consideration of the approval of the
improvements on is su Ivision.
Following his question, the Mayor was advised by the City Engineer that these improve-
ments had been inspected and were approved. Council advised Mr. Pfendt that this
matter would be resolved as quickly as possible.
Councilwoman Hillestad requested that the two memos from the Traffic & Public Safety
Committee Chairman, dated October 16, 1979, be studied by Staff for costs and feasibility
and agendaed for the next meeting. She also reported on the last ABAG meeting.
Mayor McReynolds asked that Staff and Council review the administrative policy pro-
posed for accepting for filing on Tentative Maps.
There being no further new or old business to discuss, the City Council adjourned
at 12:14 a.m.
Respectfully submitted,
Susan Carlson
Deputy City Clerk
in