HomeMy WebLinkAbout06/04/1975CITY COUNCIL
TOUM OF LOS ALTOS HILLS
26379 Fremont Road
Los Altos Hills, California
MINUTES OF A REGULAR FLEETING
Wednesday, June 4, 1975
cc: Reel 77 - Side 1, Tr. 1 - 001 -End
Side 2, Tr. 1 - 001-344
Mayor Stanley Grabowski called the regular meeting of the City Council to
order at 7:30 P.M. in the Council Chambers of Town Hall, 26379 Fremont Road:
A. ROLL CALL:
Present: Councilmen Cheney, Helgesson, Councilwoman Miller, Mayor Grabowski
Absent: Councilman McReynolds
Staff: City Manager Robert Crowe, City Attorney Frank Gillio, City
Engineer Alex Russell, Building Inspector/Planner Ken Pastrof,
Planning Commissioner T. Schick, Deputy City Clerk Norma Hislop
Press: San Jose Mercury -News - Nr. Chuck Anderson
B. CONSENT CALENDAR:
140TI011 SECONDED AND CARRIED: Councilman Helgesson moved, seconded by Councilman
Cheney and unanimously carried to adopt the Consent Calendar as presented, namely:
1. Approval of Minutes: May 3, 1975 (Regular fleeting)
May 16, 1975 (Adjourned fleetins)
2. Approval of Uarrants: $14,119.02
3. Actions of Planning Commission:
a) Hestwind Horse Farm, File #TM2025-75, P. Nowack, Engineer:
Recommended exemption from subdivision moratorium.
b) Lands of Maurer, File #1712O23-75, Danforth Apker, Engineer:
Recommended exemption from subdivision moratorium.
4. Resolutions for Adoption:
a) Resolution #383 establishing the office of Town Historian.
b) Resolution #834 setting time and place of Public Hearing on the
proposed adoption of certain uniform building, housing, electrical
and plumbing codes by reference with certain amendments proposed
thereto.
Im
CITY COUNCIL MEETING - June 4, 1975
City Attorney Frank Gillio, referring to Item 4 b) on the CONSENT CALENDAR,
informed Council that it was next in order to have a first reading of the
proposed Ordinance, and to then introduce the Ordinance by its title.
At the request of Council, Mr. Gillio read the title of the proposed Ordinance;
"An Ordinance of the Town of Los Altos Hills amending Chapter I of Title 8 to
adopt by reference the 1973 edition of the Uniform Building Code, including the
appendix thereto, the 1974 supplement, and the Uniform Building Code Standards,
1973 edition; adding Chapter 1.1 to Title 8 to adopt by reference the Uniform
Housing Code, 1973 edition; amending Chapter 2 of Title 8 to adopt by reference
the 1971 edition of the National Electric Code; and amending Chapter 3 of Title
8 to adopt by reference the Uniform Plumbing Code, 1973 edition, respectively,
of the Los Altos Hills Municipal Code."
MOTION SECONDED AND
Cheney and unanimously Rcarried Otonwaivenfurther sreading on dofsthe nOrdinaCouncilman
Ordinance.
MOTIONSECONDED
and0unanimouslyAND RcarriedOtoncilman introduce theson Ordi�nance bycitseTitleCouncilman
C. SPECIAL REPORTS:
1. Fiaal '-j ari
Nr. Cotton reviewed his final report on the first phase of the Geological
Hazard Mapping Program he is doing for the Town and reported on steps
accomplished to date. He presented various scaled contour maps, aerial
photos, and color slides, where he outlined information that was already
available from present sources.
Mr. Cotton said the product of the work accomplished was a compilation of
the available information regarding the earth materials to be found within
the Town and the known faults. From this information, further investigation
is done to determine the accuracy of present information so that problem
areas would be known, and in that way, engineering for land development
would be facilitated.
2. Survey Report on Trans ortation Alternatives - Bullis-Purissima Parent
dv sory Board.
Councilman Helgesson noted that, as a result of meetings held by the
Council -Parents Committee, and information collected, it was suggested that
a poll be taken of the residents affected by the School District's decision
not to continue bus service to the schools within the Town in order to
determine the percentage of those willing to participate in some form of
charter service to handle this transportation problem.
Dr. Richard Barron synthesized a written report forwarded to Council re-
garding the poll taken of parents, and noted that, if no financial help was
available, the cost to participate in a chartered service would be in the
neighborhood of $160/year per child.
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CITY COUNCIL MEETING - JUNE 4, 1975
SPECIAL REPORTS (cont'd):
Mrs. Balkenhahl noted the bus services which had been contacted and
discussions held regarding the number of busses needed, number of trips
necessary per day, and the cost per year.
Council expressed concern as to how the charter companies would require
payment, and how funds would be collected. Councilman Helgesson felt that
a firm figure would be required, and asked how soon the company chosen would
need to have a definite comnittment.
Councilwoman Miller noted that meetings had been held by the Cities of Los
Altos, Los Altos Hills and Mountain View with the School Districts concerned
regarding the transportation problem regarding the County's lack of sufficient
bus service since the elimination of Dial -A -Bus, and that this group planned
to approach the Transportation Commission of the County and strongly urge
that this problem be resolved. She said that the City Engineer was working
with the Town's Committee to draw up suggested routes to be presented to the
Transportation Commission for consideration.
Mayor Grabowski felt an alternate plan should be available in the event more
arterial routes were not provided for the area. tie thought Councilwoman
Miller's idea was a good one, and asked that the City Engineer have his
report prepared for Council within three weeks, and requested the Parent
Advisory Group to also come before Council at that time with a firm request
from the Town as far as assistance. He also noted that other solutions to
this problem were being approached, and requested that the City Manager meet
with the Parent Group to lend any assistance he could to them.
Speaking from the Floor:
Mr. Victor Van Dusen: Requested clarification as to what Council was
requesting from Parent group for next meeting.
3. Presentations from the Floor.
Fir. Donald Spencer, Sherlock Court:
Noted the lack of enforcement regarding the Town's ordinance on weed
abatement and the fire hazards within the Town as a result. Mr. Spencer
suggested that fire breaks at least be considered because of the difficulty
in enforcement.
Discussion ensued between Council, Staff, and Mr. Spencer, with Councilwoman
Miller noting recent conversations with the Los Altos Fire Department, where
it had been suggested that the Town's Code be modified to facilitate en-
forcement. City Attorney Frank Gillio told Council that he would talk with
the Fire Department regarding their suggestions to determine if the Ordinance
could be modified.
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CITY COUNCIL MINUTES - June 4, 1975
jr
D. STAFF REPORTS CORRESPONDENCE AND ANNOUNCEMENTS:
1. City Manager:
Mr. Crowe announced that a letter of resignation had been received from
Mr. Boessel, Traffic and Public Safety Committee, and said that a vacancy
existed on that Committee as a result.
He also noted the continuing vacancy on the Environmental Design Committee
and two on the Pathway Committee. He said citizens interested in serving
on any of these bodies to pick up an application at Town Hall, or to indicate
their particular interest in letter for Council consideration.
E. SPECIAL ORDERS:
1. Ordinances for Adoption:
a) Ordinance #223 amenc
City Manager Robert Crowe said that this Ordinance would amend the existing
Ordinance pertaining to speed limits by including certain streets and elim-
inating one. He noted that when the Ordinance was adopted, it would be
possible for the Sheriff's Department to use radar within the Town for
the purposes of enforcement.
At the request of the Mayor, City Attorney Frank Gillio read the title of
the Ordinance.
NOTION SECONDED AND CARRIED: Councilman Helgesson moved, seconded by Councilman
Cheney and unanimously carried to waive further reading of the Ordinance.
Councilman Helgesson moved, seconded by Councilman Cheney, to adopt
Ordinance #223. Motion carried by the following roll call vote:
AYE: Councilmen Cheney, Helgesson, Councilwoman Miller, Mayor Grabowski
NO: NOME
ABSENT: Councilman McReynolds
ABSTAIN: NONE
Speaking from the Floor:
Mr. Donald Spencer, Sherlock Court: Noted the non-existence of a street
called "Sherlock Hay" contained in the Ordinance. He said that if this
meant Sherlock Court, that a posted speed limit of 25 mph was not in order
for that street; that such a speed would be dangerous. He also pointed out
that Sherlock Court was a private road.
16W Discussion ensued between Council and City Attorney. The "Sherlock Flay" was
noted to be a typographical error, and several others were brought out. Mr.
Giliio said these corrections would be made prior to Ordinance codification.
He also noted that the Town had the right to post private, as well as public,
roads within the Town, and clarified the point that these streets were
additions to the existing Ordinance.
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CITY COUNCIL ML"JUTES - June 4, L975
SPECIAL ORDERS {cont'd):
2. Request for Variance:
a) Lands of Smith, File #Var. 7013-74, John Riley, Engineer: Request
for Variance for existing tennis court:
City Manager Robert Crowe presented background of this request and Council
actions taken to date. He noted that a supplemental Memo to the original
Staff Report was before Council this evening which contained the Staff
recommendations.
Prior to hearing the Staff Report, fir. Smith was asked if he wished to
address Council concerning this matter.
Mr. Smith, applicant, addressed Council concerning this matter, and said that
since he became aware of the code violation pertaining to setback lines, he
had worked with Staff to come up with alternative solutions to the problem.
He noted that the conclusions reached had been acceptable to most of his
neighbors, but not to all of them.
Fir. Ken Pastroff, Town Planner, presented slides showing the tennis court as
it presently exists and its relation to the property lines of adjoining
06 neighbors. Views were also shown taken from the back yard and pool area of
the Whitaker property to show the visible impact of the court from there,
the relationship of the court to the existing garage and driveway, and the
property which contained the leech line. Mir. Pastroff then read the
mitigative measures recommended by Staff which he requested be made part of
the conditions of approval should Council decide to grant the request for
Variance.
Commissioner Theodora Schick reported the Variance & Permit Commission's
reasons for granting approval to this request.
City Attorney Frank Gillio noted that Council had the power to grant, or
refuse to grant the Variance request before them. fie also said the Variance,
if granted, could be granted in perpetuity, or for a time, and read the
list of conditions contained in the Municipal Code under which a Variance
could be granted.
Speaking from the Floor:
fir. Collin Peters, Attorney,representino Pir and Mrs. Smith APDlicants:
Regarding hardship which would be imposed on Smiths should the request for
variance be refused, and said that the Smiths would be willing to have the
Whitaker's landscape architect draw up the plan, at the Smith's expense to
L alleviate the visual impact the court had as it pertained to that property.
Mr. Brown Whitaker: Stated he did not feel landscaping was a solution, and
said he was n� favor of the Staff recommendations to mitigate problem.
Ms Betty Robertson Pepper Drive, Los Altos: In favor of granting Variance.
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CITY COUNCIL MINUTES - June 4, 1975
SPECIAL ORDERS: (cont'd):
LANDS OF SMITH:
Mrs. Kimbell Clark Los Altos Hills: Noted that friends who played tennis
on court as it present y exists could not view Whitaker pool area from
the court.
Mr. Lewis Welk, Hi"too Drive: In favor of granting request and spoke of
good will etween ne gh ors which he hoped would continue within the Town.
Mr. Brown Whitaker: Clarified encroachment of tennis court from setback lines.
He a so note t e etter forwarded to Council from his attorney.
At the request of Council, Mr. Pastroff read Staff's recommendations for
mitigative measures, and noted that on page three of his supplemental report,
Item 1, that the word "remove" should be changed to "move".
Mayor Grabowski requested that his statement be read into the record as
follows: "It should be remembered that the Town did not acquiese to this
project. In fact, it had no knowledge of it until very recently. So the
fact that the use has continued many years cannot now legally vest its owner
with any greater standing or privilege before this Body than if he were to
propose a new use or structure that would require a variance. To argue that
it does evades the responsibility of Council to apply the law equally to all
property owners.
"However, in the interest of justice, it would be difficult to apply a
technical rule of law in order to deprive a person of an existing use or
structure that is otherwise allowed in our zoning regulations.
"But despite this, consideration has to be given to the degree of injury an
illegal or irregular use or structure inflicts upon adjacent residents and
property owners, since this consideration is the foundation upon which our
setback regulation rests.
"We should also remember that any deviation from the technical rule must be
conditioned with a view to the changes in the neighborhood that will occur
over the course of time. To invest Smith with certain rights that are not
ordinarily granted to others might be to illegally deprive current and
subsequent neighbors of their right to expect the proper and full exercise
of police power of this Council in aid of the general welfare of the
Community, and in its duty to carry out the public policy as enunciated in
our Municipal Code.
"In curing the condition that Smith has created, Council's action must be
reasonable, without arbitrary or capricious overtones, yet assuring that the
rights of the individuals concerned enjoy equal weight and bearing.
"While Staff's recommendation mitigates, to a degree, the nuisance alleged
t. by Whitaker - and thus, in a sense, might be reasonable - it should not grant
16V in perpetuity to Smith the privilege of continuing an invalid or improper
use. Were it to grant such privilege, it would, in my opinion, place too
harsh a restriction upon, and diminish the right of Whitaker, and those that
follow, in their demands for equal protection.
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tar CITY COUNCIL MINUTES - June 4, 1975
SPECIAL ORDERS (cont'd):
LANDS OF SMITH:
"I trove, therefore, approval of the Variance based on Staff recommendations,
with the following additions:
"1. Following the relocation of the court boundaries, and additional
construction and planting that goes with it, no further addition,
reconstruction, alteration or repair be permitted where such work
might exceed 15% of the original cost of the structure, plus the
cost of the proposed corrective measures.
"2. This Variance will not constitute a vested right that goes with the
land; and, in the event Smith should vacate, the Use for which this
Variance is approved shall be permanently discontinued.
"3. That within seven years, or upon Smith's connecting to a sanitary
sewer to serve his residence, whichever is earlier, this Variance
be revoked and the Use of the tennis court cease."
Councilman Cheney asked several questions of Mr. Whitaker concerning his
opposition to landscaping for clarification.
46FCouncilman Helgesson noted the degree of encroachment of the existing court
on the Siedenberg and Lehr property, which was a greater one than that onto
the Whitaker property, but that no complaint was forthcoming from either the
Lehrs or Siedenbergs. He said he wanted to consider further the suggestions
of the Mayor.
Councilwoman Miller noted the Town's earlier view of tennis courts, which
were not considered structures as defined in the present Ordinance. She
commented that she resented the time taken from Staff and Council on what
she considered a problem between neighbors. She said she was in favor of
granting the Variance, but objected to the sprinkler system requirement
recommended by Staff, and asked for clarification of the Mayor's recommend-
ations.
Mr. Gillio commented that it was not uncommon to grant a Variance for the
user, and that it was at Council's discretion if they wished to do so; how-
ever, if this were done, he suggested a Variance agreement be prepared
outlining the variance requirements and all the conditions which would be
signed by the Town and all property owners for subsequent recording so that
future property owners would know the terms of the Variance.
Councilman Helgesson reminded Council that, at the time the tennis court
was built, Ordinance 78 was in force, and not the present Ordinance, and
there was no mention of a tennis court in the definition of "structure in
Ordinance 78.
�r Discussion ensued between Council and the City Attorney regarding this fact,
and Mayor Grabowski expressed concern over setting a precedent if, in fact,
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CITY COUNCIL MINUTES - June 4, 1975
SPECIAL ORDERS (cont'd):
LANDS OF SMITH:
none were needed.
After clarification by Mr. Gillio, Councilman Helgesson moved that the
request for Variance be granted subject to the conditions recommended by
Staff, adding the condition that the mitigating measures commence within
thirty days and completed within one hundred and twenty days thereafter.
Councilwoman Miller seconded the motion which carried by the following roll
call vote:
AYE: Councilmen Cheney, Helgesson, Councilwoman Miller
NO: 'ayor Grabowski
ABSENT: Councilman McReynolds
ABSTAIN: NOME
3. Requests for Building Site Approval:
a) Lands of Horton File kBSA6035-75 J. Humber, Engineer.
Mr. Pastrof discussed his supplemental Memo to Council regarding this
request, and noted that Council had before it a new map which showed the
easement requested by the Pathway Committee and the alternate read proposed
by the Engineer. He noted that, as presently proposed, Staff could not
recommend the requested easement of the Pathway Committee.
Discussion ensued between Council, Staff and Mr. Stutz, Chairman of the
Pathway Committee concerning the easement, and Staff's concerns over the
matter. Councilwoman Miller questioned why another easement was requested
here, when the Town already had an easement on the Catholic Orphanage
property adjacent to the Hortons.
Speaking from the Floor:
Mr. Aian Lambert F1rst Street, Los Altos: Representing the applicants, Mr.
Lambert commented t at there would be no objection to granting the path
easement as requested by the Pathway Committee; however, he wanted to note
that this was a very dangerous area to be riding either a horse or a bike,
and questioned who would be liable should an accident occur. Mr. Lambert
also noted that an overview of the entire property had been presented to
Council showing how the property might be further developed at a later date.
Councilman Cheney moved, seconded by Councilman Helgesson to grant the
request for building site approval subject to the conditions recommended by
Staff in their memo of April 18th, 1975, including the condition that agree-
ment be reached with adjoining property owners concerning water easements.
Motion carried by the following roll call vote:
AYE: Councilmen Cheney, Helgesson, Councilwoman Miller, Mayor Grabowski
NO: NONE
ABSENT: Councilman McReynolds
ABSTAIN: NONE
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kw CITY COUNCIL MINUTES - June 4, 1975
F. GENERAL ORDERS & UNFINISHED BUSINESS:
1. Lands of Caole File #TIl 396-72> John Rile Engineer: Request for
exception to r nonce 136 re percolation tests.
Mr. Crowe explained that the applicant's Engineer, Mr. Riley, was requesting
an exception to the Town's Ordinance #136 to allow percolation tests to be
made at six feet, which is the depth of the septic tank drain field allowed
in this Ordinance, instead of at four feet, as required in the Town Standards.
Council and Staff discussed the inconsistencies between the Standards and
the Ordinance, and City Engineer Alex Russell commented that he would
recommend approval of the request.
Councilwoman Miller moved, seconded by Councilman Helgesson to grant the
request for exception for Lands of Cooley. Motion carried by the following
roll call vote:
AYE: Councilmen Cheney, Helgesson, Councilwoman Miller, Mayor Grabowski
NO: Hone
ABSENT: Councilman McReynolds
ABSTAIN: None
2. Appointments:
a) Regional Criminal Justice Planning Board: No nominations.
b) Drug Abuse Coordination Council: No nominations.
3. Willard Griffin Home: Determination of placing issue on ballot:
Councilwoman Miller noted that she had found out that there was a long
process involved in having the State of California declare a building a
historical site so that it would be eligible for grant funds, which in-
cluded the submission of many reports to the State. In light of this, she
did not feel this matter should be put on the ballot at this time.
Councilman Cheney agreed with Councilwoman Hiller and moved that this
item be tabled for the present time. Councilman Helgesson seconded the
motion which carried by the following roll call vote (Mayor Grabowski,being
absent from the Chambers during this discussion, did not vote):
AYE: Councilmen Cheney, Helgesson, Councilwoman Miller
NO: NONE
ABSENT: Councilman McReynolds, Mayor Grabowski
ABSTAIN: "1r);'.
4. Schedule for implementation of Traffic & Public Safety Committee
recommendations:
As requested by Council at a previous meeting, Mr. Crowe noted the
schedule he had prepared regarding the recommendations made by the Traffic
and Public Safety Committee and when they would be implemented.
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CITY COUNCIL MINUTES - June S, 1975
GENERAL ORDERS & UNFINISHED BUSINESS: (cont'd)
5. Taaffe/Elena Intersection• Plans and Specifications for improvement.
City Engineer Alex Russell said that he had been unable to complete the
plans and specifications on this intersection for presentation to Council
at this meeting, and hoped to have them completed for the next meeting.
Discussion was held between Staff and Council regarding the over-all
improvements to Elena Road approved by Council, and City Manager Robert
Crowe clarified how this work was being accomplished, as well as the
work which would be done to improve the drainage in this area.
G. NEW BUSINESS:
1. io:�sideration of 'oinin Cit of Sunn vale for funds under Comprehensive
Em to nt and ra nin ct o 197 C T
Mr. Crowe explained the reason why the City of Sunnyvale had made the de-
cision to become a Prime Sponsor for funds under CETA, and explained that
the City had indicated, by letter, that it was willing to act as Prime
Sponsor for any adjoining City who wished to join with them in seeking funds
under this Program.
Council questioned City Manager as to what the Program entailed, and after
discussion, Mayor Grabowski moved that the Town of Los Altos Hills join
with Sunnyvale for these funds. Councilman Helgesson seconded the motion
which carried by the following roll call vote:
AYE: Councilmen Cheney, Helgesson, Councilwoman Miller, Mayor Grabowski
NO: None
ABSENT: Councilman McReynolds
ABSTAIN: None
2. Mayor Grabowski:
a) SB223: Advised Council of SB223 (Wedworth), a bill introduced in
theState Senate which would place the burden of proof on Assessment
Appeals Board on the Assessor, and not on the property taxpayer.
The Mayor said that, if it were agreeable to Council Members, he
would write a letter to Assemblyman Calvo endorsing this bill.
Council so agreed.
b) Meeting Procedures: Reminded Council and Staff of procedures which
had been adopted Tor Council meetings, asking Staff to avoid over-
crowding the Agenda, and requesting that Council try to follow the
times set for specific items as closely as possible to avoid meetings
4 running over the time alloted.
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CITY COUNCIL MINUTES - June 4> 1975
3. City Manager:
Mr. Crowe noted that Councilman McReynolds could not make the Budget
Study Session scheduled for June 10th.
Council agreed to move the Study Sessions to June 11th and 12th from
4 to 6 P.M.
H. ADJOURNMENT:
Council adjourned at 12:15 A.M. to an Adjourned Council Meeting on June 11th
at 4:00 P.M. for the purpose of a Budget Study Session.
Respectfully submitted.
Norma J. Hislop
Deputy City Clerk
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