HomeMy WebLinkAbout10/01/1975CITY COU!IC1L
�F LOS r1'. IGS HT L..:
`, 2537^ Fremont Road
Los Alto, Hills, California
P11UTFS OF A RUPULAR '1FET'"I
m 4lednes6ay, October 1, 1975
cc: Reel 31: Side 1, Tr. 1 - 001 -End
Mayor Pro Ten Leslie Helnesson called the Regular Meetina of the City Council to
order at 7:30 P.il, in the Council Chambers of Town Nall:
A. OLL CALL:
Present: Councilmen Cheney, McReynolds, Councilwoman Miller, Mayor Pro Ten
Helgesson
Ahsent: "'Fyor Crabowski
Staff: City Manager Robert Cro'-!e, Ciry f.ttorney Frank nillio, City
En,ineer Alex Russell, Town Planner Ken Pastrof, Commissioner Hm.
Perkins for P.anninn Commission, non uty Clerk Morma Hislon
Press: 'lone
B. CONSEMT C4LF_'.,AR:
L 11r. Scott 'r":u, Applicant, reques<nd that Iten 3 c) be removed from the
`' Consent Calendar for separate consVeration.
'+OTIOM SUMIDEn AND CA.REIED: Councilman Chenev moved, seconded by Councilwoman
Miller and unanimously carried to anpreve the remaininn items on the Consent
Calendar, specifically:
1. Approval of Minutes: Sentember 17, 1975 (Regular Heetinn)
September 11, 1975 (Adjourned Meeting)
'entember ', 1^75 (Soecial Meetino)
August 14, 1975 (Soecial Meetin(l)
August 12, 1475 (Adjourned fleeting)
Aunust 5, 1975 (Adjourned Meeting)
2. Approval of Harrants: $44,311.72_
Actions of Planninn Conn9ssion:
a) Uu"r) nF PRIFTY (HffcOSE), Paul rV!ack, Enninenr, File CBSA6053-75:
Recomnended Building Site Anproval.
b) LANDS OF LEE, d. Riley, Engineer, File 45SA8nP4-75: Recommended
Puildin^ Site ikoproval.
4. Resolutions for Adoption:
Resolution r'nn7 ar.,rovino nn-Sitc Assistance Plan as proposed by Santa
Clara County.
CITY COUNCIL HIMLITES - Octr,'er 1; 1'7'
FROti CONSL C^,L@R�tAR SESTV, n"
ITF`^S REMOVED
:
3. Actions of viann'^^ Commission:
c) LAMDS OF WW' 'Paul Nowack, Engineer, Fiie 1 -bar. 7017.75: Re.
Recommended Denial of Variance.
1r. Scott. Bryan, Applicant, addressed Council to appeal the denial of his
request for a variance for the ournose of constructing a -dimming Pool in
his back yard.
Councilwoman !tiller stated that she had visited the property and said that
.''.ere would be certain Probleras in placing the saimminq Pool on any other
place except 'i`ere it was proposed by the variance renuast, She noted tha
conservation easement which ran in back of the house, and felt it would be
nenalizinq the annlicant if the To!^!n prevented the annlicant from using the
rest of the nropert�;.
Discussion ensued between Council, Applicant and Staff regardinn alternatives,
and °1r. Pastrof stat=_d that Staff had recommended denial of the request since
there were alternative sites on the grc'lierty which would not require a
Variance, although in not the best locations because of the shade thrown by
the house, the rer.'oval of nature oak trees, or the location of the pool at
the frcnt of the house.
Commissioner jerkins cormenteci that the Variance R Pernit Commission had
�r based their decision on State nandated requirements for the issuance of a
Variance. Council then discussed the criteria necessary for the nrantinn
of a Variance. In response to a question from Council�ian McReynolds, 11r.
C
ryan stated that he was not tolr! that the reason the Town had required a
conservation easement in this area was because of the neological hazard in
the area.
After further discussion, Councilman Cheney roved, seconded by Councilwoman
Hiller to grant the variance request for a swimming pool for LAMDS OF
BRYA11. Motion carried by th^ followinn roll tail voter.
AYE: Councilman Chcney, Councilwoman Hiller, Payor Pro Ten Ilelgesson
F10- councilmen iicP,eynolds
ABSEMT: Mayor Crahowski
ABSTAIN: "!ONE
C. SPECT.PI. REPORTS:
1. Report on Solid Waste Management Studv: Nr. 4ia roan Terriberry, Santa
Clara Counts Planninn nenartment.
(Councilwcman Hiller absent from Chambers
Mr. 'Iarren Terriberry, County Planning Department, addressed Council con-
cerninn tse ^relimin..ry Report on Solid !daste Managemoct, statinq that each
4WCity had received 1:1:10 copies for review. !ie noted that t:'ne review period
would exterd to the 24th of October, and durinn that time it was hoped that
Council mr_mbers and the public would chats; tF- stviv and come un with
-2-
4
6W
CITY COU"CIL �4FITMC, - OcVo pr I 1975
SOLID WASTE
suggestions and recr-.mPndations. After review of the Preliminary Plan and
review of recommendations, the Planninn Department hoped to have a Final
Report before the cities to be reviewed prior to the Planning Policy
Committee meeting on December 13th. The Plan could then be transmitted to
the Roar,! of Supervisors b.}' the 2'rS..,`
!'Ir. Terriberry introduced fir. Hike Smith, who recommended that Council re-
viera Chapters 2, 13, and 14 in particular. He then gave the highlights of
the report to Council, outlining the plan to construct three shreddinn plants
to he placed in Mountain View, San Jose, and Los Gatos for the recovery of
'errous metals, aluminum and glass, with an additional plant to be built in
;n Jose after 1985. The financing recommendations presently were that
the cities o-rould finance the construction and operations through a Joint
Powers Agreement.
Commissioner rerkins inquired as towhether the County had considered tl,e
possibility of requiring solid waste separation at the homeowner level. He
felt that if narbane costs were raised ounitively if the homeowner did not
separate the garbage.
Discussion e;.sued between Council, Staff and Mr. Smith regarding certain
aspects of the Plan. Mayor R,lgesson thanked Mr. Smith and Hr. Terriberry
for their nresentation to Council.
^. Report from Legislative Review Committee - Councilman Cheney
Councilman Cheney stated that this Committee had had its orcanizational
meetinn and would meet again or, October 13th. He thought official
recognition from the Torn to Lenislators should be given so ti,e Committee
erould he reconnizcd whenever correspondence with them minht be warranted.
3. Presentations from the Floor: Hone
E. SPECIAL ORnERS:
1. R,enuest for permits for tennis court construction- Adobe Creek Lodge:
'ir. Crowe exolaine^• that a letter :gad been roceive,' from V` Los Rltos Mills
Country Club requesting permits for the construction of the additional
tennis courts ,prior to completion o� the requirements of the Conditional
iso. Permit recently granted. He said that the applicant had indicated that
he would submit a Faithful Performance Bond to insure the completion of the
requirements and necessary landscaping.
"r. gave Henderson, Banquet Mananer for the Club, addressed Council, ex-
plaininn that because of the weather, time was of the essence in proceeding
with the new Club concent, which included the additional tennis courts in
order to sell memberships and begin operating.
!ir. Ken Schmidt, Landscape Architect, Palo Alto,. presented a landscaping
plan for rhe rroposed tennis courts, statins that '!;e had carefully chosen
-3-
CITY COUr'rIL tiEF.TIPIP' - Octc`.ar 1, 1117G
f SPE -I.91. Onnr^n. rronk'di
Adobe',reel: Lo-',-ne (C",ted):
the shrubs, plants ar:d crces -Cur the purpose of scroeninn the courts and
°or their noise dead^.nir.-: ^.`feciivcness.
Council raised nuestions regarding this rewest since it was not clear as to
':!hovas nakino it, who would lost the Performance Bond, and. to -hon tho
n2rni1ts noulc". be issued. Ccuncilman Cheney stated that he would he un-
villinn to grant such permission until he had seen a sinned cony o` the Use
^rr"it, as Well as Articles o Incorporation for the Ciuh 'iistinn t"o
:officers.
City Attorney Frank Giliio said the permits mould have to he issued tic, the
Los ^.ltos Hills Country Club, a Pon -Profit Cornoratioir, and not to t newer
of Ar:cbe Creel: Lodge, s,nce this !alas a non-conforning us
11.f ter furthc^ discussion, !lith the U tv Aitornev outlininn What Isould 'nave
to be ,one Sefore such nermits could he M ante -° r 'ro Ten ;+erlesson
state' that Council could nroceed no other on this renuest at this tine.
Anneal Erin Check List rorodition: LAWIDS OF CORDOS, File 8DSA9°-73, from
Condition #5 re anreement 7o share costs on extension of rater main and
` fire 'iydrpnts:
Tann Planner !:en Pastrof recommended that Council -CS _'i,•' since the Fire
Dooartoent had withdrar,n this iten as a renuirenenr. art" condition for
h-iildinq site annroval.
Chief John Senders, Lo' Altos Fire Protection ']istr ks„ addressed Co.encil to
explain the 'reasons ,thy this ccodition had been wit'I:'lrann by their department.
Council,tonan Hiller moved, seconded by Councilman Cheney and unanimously
annroved to delete Condition 5 in total from trio Check List Conditions for
File OBSASY -73, LA'!nS OF CV3US.
F. rFn,rnnl. n".HERS ?'. OiIF21:!I�!'rR BI!SIPIE°C'
1., pc,!,—s' of Los Altos ire ne.— rtnar.`. for har. or discharne of Fira,mrks.
I?r. Croiq�- axplainr' ,,.t a ren.!e "gad been recei'r='s `rcia the Les Altos Fire
9rotection District as!cin that tl^cr City Council aro_ r^ '1r llua;ue nr^-
hihitin,, the '.ischarae of firewor4s rithin trio Cite. he said t'.^ oresent
'Winance nrohihited t"ehe Town, but did not
sale o= fimror's !-'it` nt
nrohhit the 1isc!,arge of fireworks.
r'^--ief Sanders addressed Council conn inir.n the:unst, re er."in^
reaert concern nn the damanes caused hY all th^ fire!aorl whether safe and
sane., or illenal.
`r Council dis,ussion ensued renardinn the 'problems .If enfineemert o` such an
Ordinance, arc' questioned hors many ocher cities ha,' such an Or?inanco.
6w
CITY CWICIL MY!'U'TCS - Octc-:-r 1. 11.17`
,F'IrRAL (`jRDFRS Aran 11'�FT"T"'°r' ^'.,SI!!FSS (Cont'd).
Mayor Pro Tpo I!e"inasson felt that citizens of the Tari shoald be allor!ed
to address the issue because of the differinn opinions regardinn such an
Ordinance.
Speaking from the Floe :•:
firs. T. Schic!;, "eston Roa'. Regarding enforcement of such an Ordinance.
Proft, Foody Road: ji' not think ban on fireworks would he effective,
therefnre he was onnosed to such an Ordinance.
:Aftcr further discussion Councilman Cheney moved, seconded b,, Mayor Pro Tem
Helnesson to direct Staff to orenare an Ordinance prohibiting the discharge
of fireworks oithin the Tosco. motion carried by the follouinq roll call
Vote,:
q r. i,me C r :vi r '.'r, Tell Pr'.'-)Ss—
NO:
Counci e :.i^_hey. tc ceynol ds, !'' ..
NO: Biller
PBSF"''F• Payor 'Irabows!:i
ABSTAIN: i!,01!7-
2.
:O[!E
2. Cor..iittee Annointments:
a) Environmental Oesimi Committee: Three vacancies.
Councilman Cheney moved, seconded by Councilrionan and unanimously
carriel to aonoint Hr. Phil 7ahl, firs. Patricia L7n.:h, and R. -s. Gertrude
Sherlock to the Environnental resign Committee for a t;!o year tern each,
engin^..tune 2O,^77.
h) noise 4hatement Comittae: One vacancy.
Councilwoman Puller moved, seconded by Councilman Cheney and vnaninously
carried to re-annoint Mr. "aldo Ashby to a two-year tern ending June 30, 1977.
r-r-.:,ittr`e: [oar waca]CirS.
Councilwoman Diller made the suq'Ir;stion to Council that the rat'iw3y Committee
he reduced to five members as n^posed to the present seven members to brine
the Comittce in line r!ith other Stanuing Comittees uhose memberships con-
sisted of five, f!ayor Pro Teri Geinesson felt t"at, in v=; -u of thr_ fact that
such a change would require an amendment to the Resol,tion ocrtafininq to
Standinn Committees, that it should be made into a motion and placed on the
next Wnda for consideration and discussion ai that tine.
Counciluoman Hiller so moved, seconded b,, Councilman Chene:! and inanir•,ows!Y
carried and to Aoenda the matter for consi.eration at t'M next Council
meeting.
-5-
CITY COUNCIL i`:EETIH9 - October 1, 1975
C0111MITTEF APPOI'1T�!F!4TS ((t'd):
d) Traffic and. Public Safety Committee: One vacancy.
Councilvioman Miller moved, seconder' by Councilman Cheney and u;�a:imo�sly
carried to appoint Mr. Donald Robles to the Traffic and Public Safety
Committee for a two-year term ending June 30, 1977.
e) Public "orl:s Committee: Three vacancies anpointed by District.
Payor Pro Tem Helgesson submitted the name of Mr. J. F. Hasslein fpr
re -appointment, and stated that Mayor Craborrski indicated that he wished
to submit the name of Mr. Bill Dovmey for re -appointment.
Councilman McReynolds indicated that he did not have a name to submit to
Council for this meeting.
Councilwoman Miller moved, seconded by Cowicilman Cheney and unanimously
carried to re-annoint Mr. J. F. Hasslein and Mr. Bill Downey to the Public
'Forks Com,�iitteo for a two _year term ending June 30, 1975.
C. F,E" Bl1SIIIUS :
1. Appoint voting delegate to Leaque of California Cities Annual
Conference October 19-�2.
Councilwoman Miller moved, seconded by Councilman McReynolds and unanimously
carried to apnoint Mayor Crahol-iski as the voting d(1Pri.ate and Mayor Pro
Tem Helgesson as alternate votin^ delegate to the League of California Annual
Conference.
2 Recommendation from Planninq Commission on revision to Ordinance 5217
relative to nrocedures of 'Marianne Permit Commission 8 Planning
1 Commission.
11r. Crowe stated that the proposed recommendation involved wording in the
Municipal Code which uas not addressed at the time Council created the
Variance and Permit Commission (Ordinance 11217). The change would delete
1
the reference which requires that any item !•ihich goes before the Variance
Permit Commission (formerly the 3oard of Planning AcLminist'ration must
no to the Planning Commission immediately thereafter.
Councilman gcReynolds moved, seconded by Councilma Ck<11ey and unanimously
carried to direct Staff to nreoare an amendment to the Ordinance which
would make this procedural change.
3. Councilwoman i!iller:
Questioned Staff as to when the Historical Plaques would be installed, and
` who would be doinr, the work.
1r. Cronce
v markersF,ebut responded
to dossoauntila0e end��instal
of thismonth. the
-6-
CITY COUNCIL MEETING - October 1, 1975
to NF11 RUSINESS (Cont'd)
Councilwoman Miller also questioned the City Attorney regarding the
possibility of the Tor;n's zoning the present school property as Open
Space.
Councilman McReynolds agreed with Mrs. (tiller, his reason being that the
School District appeared to be using one of the schools as a garage, which
would be a non -conforming use within the Town.
Mr. Gillio said the question was in two parts and he would prepare an
opinion for Council on the matter.
4. Councilman Cheney:
Councilman Cheney stated that the question of the recent decision by LAFCO
to allow Palo Alto to annex land within the sphere of influence of Mountain
View would come up at the Inter -City Council meeting on October 2nd, and
thought the City should be prepared to support one or the other.
,After discussion on the matter, it was the consensus of Council to support
the City of Mountain View.
5. Councilman Helqesson:
`, Mayor Pro Tem Helqesson directed the City Manager to poll Council and re-
schedule the Joint Meeting with the Planning Commission on the proposed
subdivision ordinance revisions since the last meeting had to be cancelled
due to the lack of a quorum of Council members.
r:, Councilman Cheney also asked if the City Attorney had been informed of
the Planning Policy Committee matter.
Mr. C,illio responded that he would prepare a Memo to Council on this matter.
H. EXECUTIVE (LITIGATION) SESSION:
Council adjourned to an Executive (Litigation) Session at 11:53 P.M.
I. ADJOURNMENT;
Council re -convened and adjourned the meeting at 11:35 P.M.
Respectfully suhmitted,
`7
Norma J. Hislop
Oenuty City Clerk
-7-