HomeMy WebLinkAbout07/03/1991 (2) Minutes of a Regular Meeting
July 3, 1991
Town of Los Altos Hills
City Council Meeting
Wednesday,July 3, 1991, 7:15 P.M.
Council Chambers, 26379 Fremont Road
1. CALL TO ORDER,ROLL CALL, AND PLEDGE OF ALLEGIANCE
Mayor Hubbard called the Regular Meeting of the City Council to order at 7:15
p.m. in the Council Chambers at Town Hall.
Present: Mayor Hubbard and Councilmembers Casey, Johnson,
Siegel and Tryon.
Absent: None
Staff: City Manager Les Jones, H; City Attorney Sandy Sloan;
Director of Public Works Bill Ekern; Planning Consultant
`, Margaret Netto; Engineering Consultant, Jeff Peterson; and City
Clerk Pat Dowd
Press: None
Hubbard reminded everyone that on July 4th a Tribute to the Troops was planned
for 9:00 a.m. at Moffett Field and a joint July 4th celebration was planned with Los
Altos for later on in the day at Covington Park.
2. APPOINTMENTS AND PRESENTATIONS
2.1 Presentation to Judy Carico for Eighteen Years Service on the
Planning Commission
Hubbard presented Mrs. Carico with a proclamation and a picture of the Town Seal
in appreciation for her many years of dedication and service to the Town. He
particularly noted her dedication to the rural atmosphere and open space of the
Town. Tryon commented that Mrs. Carico had provided a vision and been a
shining light for the Town.
Judy Carico shared the following comments with the Council:
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Thank you. I'm going to miss all of you. I have a couple of words to
say, if you'll bear with me. Sid, I'll remind you that I was really a big help to
you when I taught you in Sunday School. Actually I only substituted for the
teacher a couple of times. What I wanted to say is my farewell to the
Planning Commission. And as I leave the Planning Commission, I want to
share some of my memories and thoughts of my twenty-six years working
with the Town.
We moved to Los Altos Hills in 1958, two years after the town was
incorporated. In order to focus on what I want to share with you, I'm going to
read an excerpt from the Articles of Incorporation, the Green Sheet. To
understand what Los Altos Hills is all about, you must understand the
reasons for incorporation. When the Town was beginning to form its policies
and laws, what they had to work with was the input from the residents and
the Green Sheet. So I quote, "The Los Altos Hills Foothills provide one of the
most beautiful residential sections in all of California and one of the most
desirable and one of the most threatened. Since the war, our region has
undergone a vast change. In five years, 20% of Santa Clara County orchard
lands have been taken over by housing and industry. Our neighboring cities
and even Stanford University are bending a re-effort to bring still more
development. The pressure for exploitation of our foothills are enormous."
I remind you this quote comes from the Incorporation Papers of 1956.
And yet the pressures for exploitation are even greater today than they were
then. Los Altos Hills has always harbored the sleeping giants, the residents.
They continue to tell us not to give into the pressures. The residents seem to
rally when threatened, makes you see the two Bellucci initiatives and our last
election served as the most recent reminders of how they react when their
laws and subsequent way of life are challenged.
So you see, when people say the times have changed, the heart of Los
Altos Hills has never changed. When we are elected or appointed
representatives of the Town, we take an oath to uphold and maintain the
laws of the Town, and to ensure that new development, not only conforms to
our ordinances but reflects their purpose. When new representatives ignore
or do not learn these laws, it is impossible to have a true concept of the
objectives and the problems.
In the beginning it was easy because we all worked together as a family
- the Council, the Planning Commission, committees and staff with one goal.
Some of the great thinkers of our time in our town helped guide us and teach
us how we could be fair but protective. The residents knew that in order to
preserve the special qualities of Los Altos Hills, there were things they did not
want. They did not want urban amenities that would intrude on the rural
atmosphere. Because of the unique qualities of Los Altos Hills, the residents
said they did not want to become another Hillsborough or Atherton with
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walled-in compounds or massive homes on small lots. The residents said
`, loud and dear: protect our wildlife, our creeks, our vistas and our individual
privacy. They asked us not to allow obtrusive structures on our ridge lines
and hills or any development that would alter the character and the beauty of
the town. Our planning processes and our ordinances have been developed
over many years with a great deal of thought and hard work. They are
praised and emulated in other jurisdictions. Some of our ordinances are
presently under attack by new representatives that do not understand their
importance, such as slope density formula, our fence ordinance and others.
When there is a plea to simplify our ordinances, remember that within
their complexities is the built-in protection. There has been a weakening of
the planning processes in recent years because some are not looking at the
future results of their present actions. So I ask you to strengthen our
ordinances in accordance with the Tenets of Incorporation, but please do not
allow to erode what so many worked so hard to protect. The residents do not
ask us to speak for them, they ask us to represent them.
One of our leaders, Art Lachenbruch taught us to look at Santa Clara
County as a pie and Los Altos Hills as a piece of the pie. A piece of the whole
that offers an alternative lifestyle. A place where people can choose to pursue
a rural, agricultural, quiet country lifestyle and still preserve nature. Through
the years many remind us we welcome everyone, we just don't want to see
them. Our distinguished neighbor Wallace Stegner spoke to us from the
floor one night and said, "Los Altos Hills can be defined as one neighborhood
`, because that is what we have always been. So you must not allow one
neighbor to impact his neighbor in a negative way for that would lead to
destruction of the entire neighborhood."
So if I can leave you with one thought, I ask you to never forget what
Los Altos Hills has always been, a beautiful neighborhood that many have
fought to protect for future generations. I thank you for letting me share the
reasons I've stayed around so many years. I love this town and in my heart it
will always be my home. I want my grandchildren and my great
grandchildren to be able to walk these hills and know the beauty that I have
had the privilege to know.
I have known and worked with some outstanding, dedicated, and
carrying people in our part of the world. I've had the opportunity to learn
and I have memories of joy and celebration that will stay with me always and
I leave knowing that I worked with one goal and that was to help preserve
the beauty of Los Altos Hills for future generations.
Now, I just wanted to add one thing. I want to thank my family for
most of them are here tonight. And especially Bob Carico, my husband, for
he supported my efforts through the years.
Thank you.
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Kim Carico, Mrs. Carico's daughter, noted that this marked the end of her mother's
26 years of service to the Town. She had served the community without thought of
personal gain and recognized the need for planning for future development. She
extolled her mother's dedication and spirit and commented that she was very proud
of her mother.
2.2 Appointments to Planning Commission
Although the Council interviews of Planning Commission applicants had taken
place at an adjourned regular meeting at 6:00 p.m., Tryon suggested that the
applicants might want to make a few brief comments to the Council at this meeting
before the appointments were made.
Edwina Comiso, 27933 Briones Way, commented that everything is not black and
white. She had been a Planning Commissioner for one and a half years, had learned
a lot and would like to continue as a member of the Commission.
James Sinunu, 26635 Taaffe Road, stated that he appreciated the rural character of
the Town and believed he could make the difficult planning decisions which would
be required of him. He also noted that one could not go back on development
approvals and development should be approached with caution.
Emily Cheng, 24595 Voorhees Drive, commented that she believed the residents
wanted to retain the rural atmosphere of the Town and the one-acre zoning. She
had been involved in several community projects and was willing to work for the
people.
Les Earnest, 12769 Dianne Drive, commented on his interest on focusing on the long
range interest of the Town through the development process. Mr. Earnest
considered himself an environmental conservative and believed he was
philosophically in agreement with retiring Planning Commissioner Judy Carico.
A straw vote was taken by the Council.
MOTION SECONDED AND CARRIED: Moved by Casey,seconded by Siegel and
passed unanimously to appoint Emily Cheng and Edwina Comiso to four year terms
on the Planning Commission.
Hubbard thanked all of the applicants for their interest and Casey suggested they
might want to apply for other committees.
3. PLANNING COMMISSION REPORT
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Planning Commissioner Pahl confirmed that in adddition to the planning
111 items on the Consent Calendar, the Lands of Becker's request for a site
development permit was denied and the Lands of Thompson's request for a
site development permit was continued as was the Lands of Laub's request for a
tentative map.
Tryon inquired about the vote on Lands of Curatola and Pahl reported that the
applicant had submitted new plans on the Monday before their meeting and he
and Commissioner Ellinger had not been able to review them. Therefore, they
abstained from the vote.
Casey asked about the denial on Lands of Becker. Pahl reported that the access
was a concern and the Moon Lane residents were especially concerned as the
project was exceptionally steep with a landslide. In addition the project
included using all of the allowed development area. The Director of Public
Works noted that site analysis was not done on this project as it was not
available when the project came in in 1989.
4. CONSENT CALENDAR
Items Removed: 4.1 - Regular Meeting (Siegel) and 4.3 (Johnson)
MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Tryon and
*ior passed unanimously to approve the balance of the Consent Calendar, specifically:
4.1 Approved of Minutes: June 19, 1991 (Adjourned Regular Meeting)
4.2 Approved of Warrants: $73,906.50 (6/17/91)
$48,697.70 (6/28/91)
4.4 Consideration of Whether To Concur with or Review the following
Planning Commission Actions at Its Meeting on June 26, 1991:
4.4a Lands of Gilbert, 14122 Amherst Court, approved request for a
site development permit for an addition/remodel
4.4b Lands of Theeuwes, 27350 Altamont Road, approved request for a
site development permit for a major addition and swimming pool
4.4c Lands of Curatola, 25639 Frampton Court, approved request for
a site development permit for a new residence and swimming
pool
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4.5 Request from Los Altos Fire Department for Weed Abatement on
Ohr Certain Properties
Items Removed:
4.1 Approved of Minutes: June 19, 1991 Regular Meeting
PASSED BY CONSENSUS: To approve the minutes of the June 19, 1991 Regular City
Council Meeting with the following corrections: page 6, delete the paragraph
marked 6.2; page 10, add the following roll call vote after the first sentence: Ayes:
Mayor Pro Tem Tryon and Councilmembers Casey, Johnson and Siegel and Noes:
Mayor Hubbard; and page 13, last motion, insert "to waive further reading and to"
after the word "present".
4.3 Ordinance amending Title 10 (Zoning and Site Development) by
Amending Provisions Regarding Appeals (FIRST READING)
Siegel noted that there were four times a year when the Council would not meet
within the ten day appeal period of Planning Commission actions. He suggested
that wording be added to the ordinance directing the City Clerk to notify Council of
Planning Commission actions at these times.
MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Tryon and
(` passed unanimously to waive further reading of ordinance.
MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Tryon and
passed unanimously to introduce Ordinance #348 amending Title 10 by Amending
provisions regarding appeals with the following amendment: Section 10-2.1313(c)
insert the following: "If the Council does not meet within ten (10) days of the
Planning Commission decision, the City Clerk shall give written notice of the
decision to each Councilmember. Included in that notice shall be the date by which
a written appeal by a Councilmember must be received with the City Clerk."
5. PRESENTATIONS FROM THE FLOOR
Ed Emling, 11853 Murietta Lane, commented on two issues. First, he had heard
that in the near future grass clippings,etc. would not be accepted at the yard
waste drop off. Second, he was concerned about an electric fence which was on
the outside of a property on Altamont. He believed this was a serious safety
issue and wondered why it was allowed.
The Director of Public Works noted that no decisions had been made with Los
Altos Garbage Company regarding any changes in what could be dropped off at
the yard waste drop off site. Regarding the electric fence, Council asked staff to
look into this on an urgent basis.
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Shari Emling, 11853 Murietta Lane, commented on the spirit of what Judy
Carico had said. Everyone could work together positively which is what Los
Altos Hills was all about.
6. PUBLIC HEARINGS
6.1 Request for an Amendment to Final Map Tract 1286, Lands of Pierce,
14380 Manuella Road
Mr. Pierce, applicant, thanked the Council for considering his request and also
thanked the Director of Public Works for his assistance. Mr. Pierce further noted
that they would be moving out of Town in the near future and therefore he would
be resigning from the Roads and Drainage Committee.
Mr. William Downey, 14330 DeBell Drive, encouraged the Council's support of Mr.
Pierce's request.
MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Casey and
passed unanimously to adopt the negative declaration of environmental impact and
to approve the requested amendment to final map tract 1286, subject to the
condition that the property be connected to public sanitary sewer prior to
recordation of the amended map, or the payment of a $5,000 surety guaranteeing the
connection of this property to public sewer within one year of the recordation of this
amendment.
Tryon thanked Mr. Pierce for his many years of service on the Roads and Drainage
Committee.
6.2 Request for Adoption of a Negative Environmental Declaration and
Approval of a Tentative Map for a Two-Lot Subdivision, Lands of Circle,
Taaffe Road (continued from June 5, 1991 meeting)
Council had before them the Director of Public Works' staff report which
included the report that the Planning Commission had recommended
approving the negative declaration but denying the tentative map for Lans
of Circle. The basis according to the report was that the density of
development would be too great for the site and the site was not physically
suitable for the type of development. In addition to the issue of density of
development, the report also addressed the issue of conservation
easements and noted that the proposed subdivision showed the potential
use of areas of 30% slope for expansion fields for septic drain lines.
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Terry Gossett, 26600 Elena, stated that he had lived in Town for eleven years
and during the heavy rains of several years ago had had a harrowing
experience being on the lower slope. He was especially concerned about
drainage, effluence and any possible earth slide. He wanted to bring these
concerns to the Council's attention and also asked what recourse he would
have if the development were approved.
Glen Fuller, 12989 Vista del Valle, noted that the present residence on the
Circle property covered the flat area while the proposed development was
almost entirely on a slope. He was concerned about the stability of the
hillside, the proximity to a fault and the issue of runoff. He did not
believe it was in the best interest of the Town to develop a marginal
building site and he opposed the subdivision. Mr. Fuller concurred that
soils engineering had come a long way but was not a science and he also
noted that this was a very prominent project, especially from the
homesites.
George Crawford, 13023 Vista del Valle, concurred with Mr. Fuller's comments.
In 1974 the real estate people had told him that the slopes could not be
developed. Mr. Crawford stated that he did not believe squeezing in a
house even if it was technically alright was in the spirit of the Town.
William Sullivan, 26531 Taaffe, referenced his letter to the Town dated 5/29/91
(on file at Town Hall) which included his concerns about the Circle
property. These concerns included septic fields in easements. He asked if
it was good public policy to subdivide a piece of property that was at best
marginal. Mr. Sullivan also commented that a smaller house would
mitigate the problem but not resolve it.
Paul Nowack, applicant's engineer, commented that the applicant, Mr. Circle,
was out of Town and therefore unable to attend this meeting. He noted
that regarding the density of development they would limit the project to
3,500 square feet and this would not be a problem to control as it could be
recorded on the map. Mr. Nowack commented that the Health
Department had not had any problems with the leach fields and regarding
drainage he would recommend constructing a retarding structure so that
the water would not go downhill all at once. It was not possible to
eliminate all the water going downhill and those living downhill knew
that. Mr. Nowack mentioned the issue of fairness; this was a two-lot
subdivision on 3 acres although the lot was narrow in front and wide in
back, he did not consider it a panhandle lot.
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Council discussed several issues regarding this project including the
conservation easements, leach fields, path-in-lieu fees, size of home and
deed restrictions. Siegel believed a secondary dwelling could be built but
did not believe it was a subdividable lot. Johnson commented on the
definition of a negative declaration, the septic system and the objections
from the neighbors and concurred with Siegel - this did not look like a
building site. Casey believed that the proposed development was
allowable for the lot and she expressed her concerns about equity. She
believed the owner's property rights and the neighbors' concerns could
both be addressed. Hubbard believed the question was whether this lot was
subdividable. The leach fields were one area of concern and there may be
tangible reasons why this lot is not subdividable. Tryon suggested that the
applicant, his engineer and staff meet to further discuss this project. She
found it difficult to state that this was not a mitigable situation. It was a
controversial, sensitive lot and she was uncomfortable that the owner was
not present.
MOTION FAILED DUE TO LACK OF A SECOND: Moved by Johnson to deny
the negative dedaration and the request for approval of a tentative map
for a two lot subdivision for Lands of Circle.
MOTION SECONDED AND FAILED: Moved by Johnson, seconded by Siegel
and failed by the following roll call vote to not approve the negative
`, declaration for Lands of Circle on the grounds that there will be a
significant effect on the environment and the proposed mitigation
measures are inadequate.
AYES: Councilmembers Johnson and Siegel
NOES: Mayor Hubbard and Councilmember Casey
ABSTAIN: Mayor Pro Tern Tryon
Tryon stated her concerns that the applicant was not present and the issues
needed to be clearly addressed.
Paul Nowack, applicants engineer, agreed with an extension of their tentative
map application to September 4, 1991.
MOTION SECONDED AND CARRIED: Moved by Tryon,seconded by Casey
and passed by the following roll call vote to continue the request for
adoption of a negative environmental declaration and approval of a
tentative map for a two-lot subdivision for Lands of Circle to the
September 4, 1991 City Council Meeting.
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AYES: Mayor Hubbard and Councilmembers Casey and Tryon
NOES: Councilmembers Johnson and Siegel
Council asked that the letters from the neighbors be included in the packet
when this goes back to Council on September 4th.
6.3 Request for a Site Development Permit for Demolition and
Reconstruction of an Existing Residence, Lands of Mooring, 13791
La Paloma Road
The City Council did not have a recommendation from the Planning
Commission as they had not been able to reach a decision to either
approve or deny the site development permit application for the
demolition and reconstruction of an exising residence.
Mr. David Mooring, applicant, presented the Council with background
information on his project. He had obtained a building permit to remodel
the existing structure. The drawings submitted included removal of
everything but the wall framing, floor and foundation. However, the
building inspector later recommended removal of the walls and also
noted foundation damage. Demolition proceeded until a stop work order
was placed on the project. Mr. Mooring was now proposing to decrease
the existing nonconforming setback from seven feet to sixteen feet and to
decrease the existing 1,160 square foot unit to 995 square feet. He noted
that utilities were hooked up to where the existing pad was and while he
wanted to build the smaller home if he could not do that he wanted to
rebuild the original 1,160 square foot structure. He had tried to work
within the Town's ordinances but it had turned out to be a very expensive,
timely and negative experience. Mr. Mooring believed he was being
penalized by the Town and also believed that he was improving the
property by making less of a nonconformity. Mr. Mooring further stated
that this had disrupted his family; they had an eight-month old baby and
he wanted an answer to his request for the 995 square foot house or he
wanted to know how to get a site development permit for the original
1,160 square foot house.
The City Attorney stated that according to the Town's Code he had the right to
rebuild the house where it had stood and then through Site Development
landscaping, etc. could be looked at. Siting would not be issue which
would be addressed.
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Lalla Carsten, 13761 La Paloma Road, stated that she believed if the ordinances
said Mr. Mooring could rebuild as it was, then the ordinances should be
changed.
Council discussed the present Town ordinances as related to the rebuilding of
nonconforming structures and whether they were too liberal in a situation
such as that posed by the Mooring application. The issue was raised that
this was now an empty lot as the house had been totally demolished and
therefore should conform to the Town's regulations on setbacks, etc.
Casey did not see how the request could be denied. Mr. Mooring had done
what was recommended by staff and it was unfair to now say he had to
change this plans. She also noted that he was lessening the
nonconformity. Tryon reiterated that site development permits should be
required for secondary dwellings and believed the Town's setbacks should
be adhered to. She was also concerned about the siting of the house.
Siegel suggested that staff be directed to work on an urgency ordinance
which would prevent such a rebuilding from taking place.
MOTION SECONDED AND FAILED: Moved by Casey,seconded by Hubbard
and failed by the following roll call vote to approve the request for a site
development permit for demolition and reconstruction of an existing
residence for Lands of Mooring, 13791 La Paloma Road.
11111/ AYES: Mayor Hubbard and Councilmember Casey
NOES: Mayor Pro Tern Tyron and Councilmember Siegel
ABSTAIN: Councilmember Johnson
MOTION SECONDED AND CARRIED: Moved by Casey,seconded by Hubbard
and passed by the following roll call vote to reconsider the motion on
Mooring.
AYES: Mayor Hubbard and Councilmembers Casey, Johnson and Siegel
NOES: Mayor Pro Tem Tryon
MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Johnson
and passed by the following roll call vote to continue the request for a site
development permit for demolition and reconstruction of an existing
residence for Lands of Mooring, 13791 La Paloma Road to the July 17, 1991
Council Meeting.
AYES: Mayor Pro Tem Tryon and Councilmembers Johnson and Siegel
NOES: Mayor Hubbard and Councilmember Casey
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6.4 Adoption of the Palo Alto Sewer Service Charge Final Report and
kor authorizing transmittal to the Santa Clara County Assessor's Office -
Reso # _
This item was continued to later in the meeting.
6.5 Approval of the Los Altos Sewer Service Charges and Setting the Los
Altos Hills Sewer Basin Reserve Fund - Reso. #
This item was continued to later in the meeting.
7. UNFINISHED BUSINESS
7.1 Request for Encroachment Permit for Driveway, Lands of Nissley,
12422 Robleda Road
The Director of Public Works noted that he had not received any comment
from Mr. Sun regarding his driveway.
Mr. Sun, 12444 Robleda, addressed the Council regarding his driveway and
introduced his contractor.
Ben Taaffe, Mr. Sun's contractor, explained the error he had made regarding
the driveway as a result of the size of the berms and the city's property.
The driveway would be corrected to 12'.
Mrs. Sun, 12444 Robleda, discussed the original plans and the court orders. The
Nissleys had paved without their approval and she believed the issue
should go back to court.
Mr. Nissley, applicant, reiterated his reasons for requesting an encroachment
permit. He stated that the paving was done in the easement and he
submitted pictures which showed the Sun's contractor had erected curbs
around three sides of the Nissley's car and had also erected a barrier
sealing the Nissleys off from their easement.
Johnson did not believe this was a safe solution to the problem and it appeared
the only way this issue would be satisfied would be through the courts. He
thanked the Suns for taking care of the driveway situation. Tryon
believed the real battle was over the easment and would like to see some
resolution to the problem. She suggested the neighbors contact the
County Mediation Services. Casey and Hubbard both commented that this
would be a dangerous driveway.
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MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson
and passed unanimously to deny the request for an encroachment permit
for a driveway for Lands of Nissley at 12422 Robleda Road.
7.2 Appointments of Councilmembers to Subcommittees and as Liaison
or Members Representing the Council on Town Committees and
Outside Agencies
PASSED BY CONSENSUS: To ask the Mayor to meet with the Chairman of the
Roads and Drainage Committee to discuss that committee.
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Casey
and passed unanimously to appoint William Siegel representative on the
North County Library Authority.
PASSED BY CONSENSUS: To approve the following Council appointments:
Town of Los Altos Hills
Council Appointments
Committee Liaison
Community Relations Bob Johnson
Environmental Design and Protection Toni Casey
Finance Barbara Tryon
Pathways, Recreation and Parks William Siegel
Roads and Drainage Toni Casey
Safety Sid Hubbard
Appointments to Outside Agencies
ABAG Sid Hubbard
Barbara Tryon (alternate)
Community Health Awareness Council Sid Hubbard
(CHAC)
Emergency Preparedness Council Barbara Tryon
Intergovernmental Council (ICC) William Siegel
Toni Casey (alternate)
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League of California Cities - Peninsula Barbara Tryon
11Sr Division Bob Johnson (alternate)
Los Altos Senior Coordinating Council Toni Casey
North County Library Authority William Siegel
Santa Clara County Transportation Barbara Tryon
Commission
Traffic Authority Policy Advisory Board William Siegel
Santa Clara Valley Water Commission Bob Johnson
Santa Clara Valley Water District Bill Ekern (staff)
Northwest Flood Control Advisory William Siegel (alternate)
Committee
Santa Clara County Cities Bob Johnson
Association Barbara Tryon (alternate)
City Council Sub-Committees
Town Newsletter Barbara Tryon
Quarry Hills Project Toni Casey
William Siegel
McCullough Subdivision Advisory Bob Johnson
William Siegel
Town Logo & Materials Production Bob Johnson
Barbara Tryon
8. NEW BUSINESS
8.1 Letter from Henry Clausen Regarding Traffic Signal System at
El Monte and Voorhees
Councilmember Johnson stepped down from consideration of this item. He
stated that he was closely associated with St. Nicholas School and as he
was Mayor when the Clausen Subdivision had come before Council he
had stepped down as he believed it could be perceived that he would be
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sympathetic to the School. At this meeting there was no controversy but
he believed he should step down from the entire issue.
Council had before them the Director of Public Works' staff report which
included the recommendation that Council deny the request for relief
from improvement costs. The report also included the notation that the
subdivision could not be accepted until the improvements were complete
and the controller replaced to make the intersection safe and functional.
Staff did not recommend accepting a system of used parts because the long
and short term maintenance would be paid for by the Town.
Mr. Clausen, applicant, addressed his request that Council relieve him of the
cost of the traffic signal system at Voorhees and El Monte. He explained
that the construction work was finished on his six lot subdivision and he
did not believe that he should have to bear the cost of the $40,000 for a
new traffic signal system. He stated the school generated 71% of the traffic
and his position was that he who accepts the most benefits,bears the
burdens. Mr. Clausen asked that the Town reimburse him $11,677 which
was the cost of adding additional adaptation of a new and improved
system. He explained that his conditions for approval included the
existing traffic signal system not the installation of a new one. He also
commented on a traffic accident which had damaged the controls. He
noted they had found components which would restore the equipment to
its original condition but staff recommended that the controller be
replaced with new equipment.
Paul Nowack, applicant's engineer, explained some of the background to the
Council including the conditions of the subdivision, the examination of
the traffic signal system, the accident that led to a rebuild of the system and
the requirement that they pay for the entire new traffic signal system.
Siegel noted that condition 2 of the subdivision tentative map addresses the
traffic signal system. This cannot be gotten from the School or the
Voorhees Subdivision as they were already in and he did not believe it
was right that the Town should pay for it. Tryon noted that it was
important for the longtime safety of the Town and she believed the Town
should assume some of the responsibility. Casey concurred with Tryon. If
the traffic accident had not happened, Mr. Clausen would not be
responsible for a new traffic signal system.
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Casey
and passed by the following roll call vote to approve the Town's
contribution of $6,000 toward the cost of adding additional adaptation of a
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new and proved traffic signal system at Voorhees and El Monte, Lands of
Clausen.
AYES: Mayor Pro Tern Tryon and Councilmembers Casey, Johnson and
Siegel
NOES: Mayor Hubbard
8.2 Affirmation of Planning Commission Interpretation of Height
Restriction on Lands of Oshima, Fremont Road
Council had before them the report from the Director of Public Works which
asked that Council review the following Planning Commission
recommendation regarding the intent of the conditions of approval, Lands
of Oshima, restricting the height of structures: "It is our reading of
paragraph 11 of the Conditions of Approval of this tentative map that the
intent of the Council was that the height of the structure not exceed 23'. It
is our understanding that Council thought this was a perfectly flat lot and
so it didn't need to make variations over the run of the property. As the
house is placed in the Site Analysis which Mr. Duxbury has provided, it
looks as if the center of the house is at approximately elevation 213. And
thus, so long as the height of the house does not exceed 236, that would
meet, in our interpretation, Condition #11."
Tryon stated that when Lands of Oshima came before the Council they were
very aware of all of the cotours of the lot and clearly made it a condition
that the height not exceed 23'. Johnson did not understand why this had
come from the Planning Commission and Siegel and Hubbard stated that
the traditional method of measuring should be used.
Peter Duxbury, applicant's architect, stated that the plans included a house, pool
and tennis court and if they moved the house to the back of the lot they
lost a foot because of a slight slope in the lot. He did state that 23' would
work for their project.
Mike Meyer, 26007 Torello Lane, stated that he and his neighbors were against
raising the height of the house. He referred to the May 1988 Council
Meeting at which this subdivision was approved and urged complying
with the intent to keep the height of the project low. Mr. Meyer also
suggested that the applicant talk to the neighbors.
Carol Meyer, 26007 Torello Lane, also noted that she had spoken with their
neighbors, the Jorgensens, and they agreed with the Meyers about the
height issue.
July 3, 1991
Regular Meeting
16
haw PASSED BY CONSENSUS: To state that the height restriction for Lands of
Oshima was 23' and the height should be measured in the traditional
method.
MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Tryon
and passed unanimously to go past the 11:30 p.m. hour of adjournment.
9. REPORTS FROM COMMITTEES, SUB-COMMITTEES, AND
COUNCILMEMBERS ON OUTSIDE AGENCIES
10. STAFF REPORTS
10.1 City Manager
10.1a Update on Yard Waste Recycling
The Director of Public Works referred to his 7/3/91 staff report which
included the short term recommendation that Council direct the
Los Altos Garbage Company to issue tickets which would limit
the number of times a month a resident could use the yard waste
drop off site. The report also referred to the long term solution
of a curbside recycling program.
Tryon stated that she was concerned about the use of tickets. They could
misshandled. She preferred a close monitoring of who used the
site, perhaps by using a computer list. In response to a comment
by the Director of Public Works that some accommodation be
made for gardeners being able to use the site without the
residents being with them, Siegel stated that it was not equitable
the way it was now yet they should be careful about constantly
changing the rules. Casey suggested using addresses and
limiting the number of times a resident could use the site to
perhaps eight which could be controlled by checking off the list.
She also suggested the possibility of increasing the number of
dean up days and eliminating the yard waste drop off site.
Tryon and Johnson both stated that they liked the program the
way it was.
Jon Angin, Los Altos Garbage Company, commented on the good
intentions of everyone involved when this program was started.
It was certainly quite successful. He note that a second truck was
being used on weekends and suggested that perhaps a couple of
July 3, 1991
Regular Meeting
17
the clean up days could be eliminated to alleviate the costs. He
too was concerned about the issuance of coupons. They could be
very valuable and could create a black market.
The Director of Public Works commented that if the proposed can side
recycling program was going to be in place by October as
projected, the present yard waste drop off procedures could
continue for the next few months without a problem.
PASSED BY CONSENSUS: Council took no action on the yard waste
program at this time pending a report on the long term
solution.
Tryon left the Council Meeting at 11:40 p.m.
10.1b Public Hearings continued from earlier in the meeting
10.1.1 Adoption of the Palo Alto Sewer Service Charge Final
Report and authorizing transmittal to the Santa Clara
County Assessor's Office - Reso #
MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Siegel
and passed unanimously by all members present to adopt Resolution #34-
91 adopting the Palo Alto Sewer Service Charge Final Report and
Authorizing Transmittal to the Santa Clara County Assessor's Office.
6.5 Approval of the Los Altos Sewer Service Charges and Setting the Los
Altos Hills Sewer Basin Reserve Fund - Reso. #
MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Siegel
and passed unanimously by all members present to adopt Resolution #35-
91 approving the Los Altos Sewer Service Charges and Setting the Los
Altos Hills Sewer Basin Reserve Fund.
10.2 City Attorney
10.3 City Clerk
10.3a Report on Council Correspondence dated 6/27/91
Council noted that Judy Duque had resigned from the North County
Library Authority and it was noted a certificate of appreciation
would be agendized.
July 3, 1991
Regular Meeting
18
PASSED BY CONSENSUS: To send a letter to the Community School of
Music and Art noting the Town is unable to grant their request
for$2,000.
PASSED BY CONSENSUS: To direct the City Manager to prepare a
response to the Grand Jury's letter transmitting its final repport
on review of cities' procedures for awarding contracts for
services
11. COUNCIL-INITIATED ITEMS
11.1 Joint Meeting of the City Council and Planning Commission --
July 17, 1991 (Mayor Hubbard)
Hubbard noted that a joint meeting of the City Council and Planning
Commission was scheduled for 6:00 p.m. on July 17th with the City
Attorney to discuss issues of mutual interest. The City Manager was asked
to send to a letter to Councilmembers and Commissioners asking them to
submit any specific areas of interest to him for discussion at the meeting.
11.2 Dedication of Path to Artemas Ginzton
Hubbard noted that he would be at the dedication of the Artemas Ginzton Path
on Saturday, July 13th.
12. CLOSED SESSION: LITIGATION: PURSUANT TO GOVERNMENT CODE
SECTION 54957.8
The City Council adjourned to a Closed Session for purposes of litigation at 11:45
p.m. and reconvened at 11:50 p.m.
13. ADJOURNMENT
There being no further new or old business to discuss, the City Council
Meeting was adjourned at 11:50 p.m. to an Adjourned Regular Meeting at 6:00
p.m. on Wednesday, July 17, 1991.
lryectfull bmitted,
Patricia Dowl, City Clerk
The minutes of the July 3, 1991 Regular City Council Meeting were approved
at the July 17, 1991 Council Meeting.
July 3, 1991
Regular Meeting
19