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Home My WebLink About07/24/1972` CITY COUNCIL TOgN OF LOS ALTOS HILLS MINUTES OF A REGULAR 14ESTING JULY 24, 1972 Reel 46 Side 1 Track _ 00 -End Side 2 Track 1 00-120 Mayor Leslie Helgesson called the regular meeting of the City Council of the Town of Los Altos Hills to order at 7:45 P.M. in the Council Chambers of the Town Hall, 26379 Fremont Road, Los Altos Hills, California, with the following members answering roll call: Present: Councilmen Davey, Kubby, Miller, Grabowski and Mayor Helgesson. PLANNING CO14MISSI0V REPRESENTATIVE: Commissioner William H. Magruder. COMMUNICATIONS• 1. Letter from Mrs. J. K. Zechmeister, 11450 Summitwood Road, requesting help in solving her deer problem. After general discussion, the City Manager was asked to contact Dr. David Roos, a veterinarian, with offices in Los Altos, asking him what he would recommend we do to alleviate the reported problem. ANNOUNCEMENTS: Councilman Davey reported on communication from Santa Clara County Planning Policy Committee regarding the support of the Town for AB 1479. MOTION, SECONDED AND CARRIED: Councilmen Grabowski moved, seconded by Miller and carried unanimously to indicate the Town of Los Altos Hills supports the AB 1479. UNSCHEDULED ITEM NO. 1: CONSIDER APPOINTMENT OF PLANNING COMMISSIONER. Mayor Helgesson announced that the term of Planning Commissioner Priscilla Weisbart expired on July 10, 1972, and placed into nomination the name of Mrs.Robert Carico, 25311 O'Keefe Lane, Los Altos Hills, giving her qualifi- cations and reasons why she would make a good Planning Commissioner. Councilman Grabowski seconded the motion, and general discussion by Council followed. Councilman Miller suggested an alternate proposal since there is a pending reorganization of the Planning Commission that there be no appointment made at this time, but that Mrs. Weisbart be asked to continue serving until the reorganization is completed. MOTION, SECONDED AND CARRIED: Councilman Miller moved, seconded by Kubby and carried by majority vote that Mrs. Weisbart be asked to continue serving as the Planning Commissioner until the present reorganization planned for the Planning Commission is completed,and at that time consideration will be given to a new appointment. Mayor Helgesson voted "No". SCHEDULED ITEM NO. 1: PUBLIC HEARING ON CONTINUATION OF PROVISIONS OF ORDINANCE NO. 194, AN URGENCY ORDINANCE RELATING TO SLOPE DENSITY. Staff reviewed the continuation of Ordinance No. 194 regarding the require- ment of slope density on land in Los Altos Hills to be subdivided. Mayor Helgesson opened the public hearing and heard comments from Glenn Taylor, Planning Commissioners Donald Spencer and William Magruder. After the public hearing was closed, Councilman Kubby suggested that a continuation of eight months would be too long, and suggested that this urgency measure be continued only to November 14, 1972. Council discussion ensued. MOTION, SECONDED AND CARRIED: Councilman Kubby moved, seconded by Davey and carried unanimously that continuation of Ordinance No. 194 regarding scope density be continued to November 14, 1972, SCHEDULED ITEM NO. 2: PUBLIC HEARING ON AMENDMENTS TO EXISTING ASSESSMENTS FOR PURPOSE OF SEGRE- GATION ON TAX ROILS. The City Clerk gave a detailed report on the necessary split Of assessments due to recent subdivisions. These assessment splits are for the Lands of Snell, Nutter, McFarland and Eshner. The public hearing was opened and f closed without comment from the audience. Action on this item will be by Ir Resolution at the end of the meeting. SCHEDULED ITEM NO. 3: REQUEST FOR BUILDING SITE APPROVAL OF L. MAYER (BSA -83-72) FOR LOT #27, TRACT #2958, OLIVE TREE HILL SUBDIVISION. Staff presented the recommendation of the Planning Commission, stating that they have recommended this application for approval. MOTION, SECONDED AND CARRIED: Mayor Helgesson moved, seconded by Council- man Grabowski, and carried unanimously that BSA -83-72 for L. Mayer be approved. SCHEDULED ITEM NO. 4: REQUEST FOR LOT LINE CHANGE (LLC -5-72) BETWEEN LOT #2, TRACT #4897, LANDS OF ESHNSR, AND PARCEL "A", PARKSIDE TRACT #4657. APPLICANT: MILTON R. HEINRICH. Staff presented the report and recommendation of the Planning Commission, stating that they had recommended the approval of this application. MOTION, SECONDED AND CARRIED: Mayor Helgesson moved, seconded by Council- man Grabowski, and carried unanimously that LLC -5-72 for Milton R. Heinrich be approved. -2- SCHEDULED ITEM NO. 5: REQUEST FOR VARIANCE (V-375-72) TO REDUCE FRONT YARD SETBACK FROM 60' TO 32+ AND SIDE YARD SETBACK FROM 30' TO 27' FOR NEW RESIDENCE ON LOT #28, TRACT #3306 (YALE COURT). APPLICANT: CHARLES L. OSBORN Staff presented report and recommendation to the Planning Commission, stating that the Planning Commission has recommended the granting of this variance. MOTION, SECONDED AND CARRIED: Mayor Helgesson moved, seconded by Council- man Miller and carried unanimously that Variance 375-72 for Charles L. Osborn be approved. SCHEDULED ITEM NO. 6: PROPOSED MORATORIUM ON SWIMMING POOL AND TENNIS COURT VARIANCES. Councilman Kubby disqualified himself from sitting on this item as he has a variance application for a tennis court pending before the City Council. He vacated his seat as Councilman. Councilman Grabowski then proposed that the City Council adopt a sixty day (60) moratorium on granting variances for swimming pools and tennis courts to allow the Planning Commission adequate time to revise their "criteria" for granting such variances. Planning Commission Chairman Tom McReynolds spoke from the floor on this subject. After considerable discussion, a motion was made by Councilman Grabowski, seconded by Mayor Helgesson, to establish a sixty day moritorium on the issuance of variances for swimming pools and tennis courts. A roll call vote resulted in AYES: Mayor Helgesson, Councilmen Grabowski, and NOES: Councilmen Davey and Miller. The motion did not pass. MOTION, SECC6DED AND CARRIED: Councilmen Miller moved, seconded by Gra- bowski, and carried unanimously that this question of "criteria" for the granting of variances for swimming pools and tennis courts be referred back to the Planning Commission for more study. Councilman Kubby abstained from voting. SCHEDULED ITEM NO. 7: REQUEST FOR VARIANCE IN SIDE YARD SET BACK (V-373-72) FROM 30' TO 17' ON THE EAST, AND FROM 30' TO 13' ON THE SOUTH FOR TENNIS COURT, AMD TO PERMIT 10' HIGH FENCE WITHIN SETBACKS AT 10520 SUNDOWN CANYON WAY. APPLICANT: RALPH PELLIGRA. Staff reported on the application and the recommendation of the Planning Commission, stating that the Planning Commission recommended the granting of this variance. Discussion ensued at Council level regarding the height of the wall and fence needed to place the tennis court in the area shown on the plan. It was also noted that a drainage ditch would go under one corner of the proposed tennis court, and the septic tank drain field would t be very close to a cut -bank above the tennis court. -3- SCHEDULED ITEM NO. 7: (Cont.) d A motion was made by Mayor Helgesson, seconded by Councilman Grabowski ar to not approve this variance request. After more Council discussion, Mayor Helgesson withdrew his motion, and Councilman Grabowski withdrew his second. MOTION, SECONDED AND CARRIED: Mayor Helgesson moved, seconded by Council- man Grabowski, and carried unanimously to postpone action for two weeks on this request. SCHEDULED ITEM NO. 8: APPEAL OF PLANNING COMMISSION ACTION DENYING VARIANCE APPLICATION (V-371-72) OF LEE J. KUBBY. Councilman Kubby stepped down from his Council Seat so that he could speak in his own behalf on this appeal. Staff presented the report on this appeal and explained the Planning Commissions actions in denying this variance application. Councilman Kubby explained the need for this variance, stating that much study has gone into the planning for the location of his tennis court, cabana, swimming pool and addition to his house. Dr. Beryl Mell, 26875 Ortega Drive, Los Altos Hills, spoke in opposition to the granting of any variance to Mr. Kubby. Mrs, Joan Smith, 26885 Ortega Drive, Los Altos Hills, questioned whether or not the granting of this variance would interfere with a school path running along the Scharfen property line. It was stated that the proposed Location of the tennis court would set back 15 feet from this property line and would not interfere with the path. Planning Commissioner Donald Spencer, and Planning Commissioner Thomas P. McReynolds spoke on the reason the Planning Commission recommended denying this application. A motion was made by Mayor Helgesson to deny this appeal, but this motion died for lack of a second. MDTION, SECONDED AND CARRIED: Councilmen Davey moved, seconded by Miller and carried by majority vote to grant the appeal of Councilman Kubby, to grant a variance as shown on Plan 'B" of his application. Mayor Helgesson voted "No". Councilman Kubby abstained. MOTION, SECEDED AND CARRIED: Motion made by Councilman Davey, seconded by Miller and carried unanimously to take the Resolutions on S.A.D. #10 out of order and consider them at this time. Mayor Helgesson suggested that the Council also take up unscheduled Item No. 2 before the Council adjourned to a Personnel and Litigation Session. The Council concurred with this suggestion. RESOLUTIONS• Mr. Philip Assaf, Attorney with Wilson, Jones, Morton & Lynch, 630 N. San Mateo Drive, San Mateo, explained the Resolutionaneeded to proceed with proposed S.A.D. #30. The City Council agreed that since they all had copies -4- RESOLUTIONS: (Cont.) 4W of the Resolutions to be adopted, that the reading of the title and a summary of the contents would be sufficient for them to take action. Mr. Assaf presented Resolution No. 673, a resolution determining to undertake proceedings pursuant to Special Assessment and Assessment Bond Acts for the acquisition and construction of improvements without proceedings under Division 4 of the Streets and Highways Code. MOTION, SECONDED AND CARRIED: Councilmen Kubby moved, seconded by Davey. and carried unanimously by roll call vote that Resolution No. 673 be adopted. Mr. Assaf presented Resolution No. 674, a resolution appointing attorneys. MOTION, SECONDED AND CARRIED: Councilmen Davey moved, seconded by Miller and carried unanimously by roll call vote that Resolution No. 674 be adopted. Mr. Assaf presented Resolution No. 675, a resolution requesting consent of ti:a Board of Supervisors of the County of Santa Clara to the exercise of extra -territorial jurisdiction to undertake proceedings for the acquisition and construction of public improvements and to provide that the costs shall be assessed upon the district benefited, under appropriate special assess- ment and assessment bond acts. NOTION, SECONDED AND CARRIED: Councilmen Davey moved, seconded by Miller and carried unanimously by roll call vote that Resolution No. 675 be adopted. UNSCHEDULED ITEM NO. 2: U"S!USSION OF THE STRUCTURE, TERM AND MEMBERSHIP OF TOWN CCMMITTBE. Mayor Helgesson presented a draft of a proposed ordinance which had been prepared by the staff and which spelled -out the conditions of creating standing committees, detailing their responsibilities, their membership and their operation. During the discussion at Council level, Councilman Grabowski covered the advisability and the need for adopting such an ordin- ance. MOTION, SECONDED AND CARRIED: Motion was made by Councilman Kubby, seconded by Grabowski and carried by unanimous roll call vote to refer this draft ordinance to the Reorganization Committee, Comments from the floor were made by Mrs. Judy Carico, Mrs. Lorraine Foster, Mrs, Millie Saviano, Mrs. Pat Standring, Mrs. Teddy Schick, Mrs. Florence Fava, Dr, Ivan Grossman, and Mr. William Downing. Mayor Helgesson then read a letter from Mrs. Saviano in which she stated she would remain on the Pathway Committee as requested. Meeting adjourned to Personnel and Litigation Session. Meeting reconvened to regular session. -5- M SCHBDUIBD ITEM NO. 10: ACTION ON 1972-73 BUDGET The City Manager reviewed his request for a 5.5% cost -of -living increase for all Town employees, indicating that this recommendation has been worked into the proposed budget, as well as merit increases of 5% for the positions Of City Clerk, Town Engineer, one Maintenanceman, and one Secretary -Steno. The City Manager requested that the Council set the salary schedule for the IT72-73 budget to be effective July 1, 1972 and, due to the lateness of the h:�—z, consideration on the balance of the budget be continued to the next ",t cng. rdN, SECONDED AND CARRIED: Councilmen Davey moved, seconded by Or^%owski carried unanimously by roll call vote to take Ordinance #197 out o_ and consider it at this time. The City Attorney read the title of C-oi.uance #197 and Ordinance setting the salaries for Fiscal Year 197:-73. M:�rION, SECONDED AND CARRIED: Motion was made by Councilmen Davey, seconded by Grabowski, and carried unanimously to waive further reading. MOTION, SECONDED AND CARRIED: Motion was made by Councilmen Davey, seconded by Grabowski, and carried unanimously by roll call vote that the 1972-73 budget be placed early on the next agenda, and be given one hour for discussion, and that cuts and supplements be considered at that time, and that Ordinance #195, an ordinance adopting the budget for 1972-73, and Ordinance #196, an ordinance setting the tax rates for Fiscal Year 1972-73 be considered at the next meeting. UNSCHEDULED ITEM NO. 3: RECOMMENDATION FROM PLANNING COMMISSION AND CITY COUNCIL TO HEAR APPEAL OF MR. JOHN I. QUIMBY. Staff presented the background information on this request and recommended that the Council set this matter for a public hearing at the next meeting. MOTION, SECONDED AND CARRIED: Councilmen Davey moved, seconded by Miller and carried unanimously that this item be set for public hearing at the next regular Council meeting. UNSCHEDULED ITEM NO. 4: Continued to next meeting. UNSCHEDULED ITEM NO. 5: DISCUSSION Or ORDINANCE TO INCREASE REAL ESTATE TRANSFER TAX.. Staff has requested that the Town consider adopting an ordinance which would require the payment of a local Real Estate Transfer Tax on the sale of all property within the Town of Los Altos Hills. MOTION, SECONDED AND CARRIED: Councilmen Davey moved, seconded by Kubby, and carried unanimously by roll call vote to direct the City Attorney to prepare a draft of an ordinance which is to be placed on the next Council agenda for discussion, public hearing, and adoption. -6- v UNSCFEDUIED ITEM NO. 6: ITEMS TO BE AGENDED FOR NEXT MEETING. No items were suggested for the next meeting under this heading. UNSCHEDULED ITEM NO. 7: STAFF REPORTS. Town Engineer, Jerry Crabtree, presented a report on the progress of the Bishop Subdivision No. 385-72, and requested that the City Council approve the subdivision agreement so that this final map can be recorded. MOTION, SECONDED AND CARRIED: Motion was made by Councilman Miller, seconded by Grabowski, and carried unanimously that the subdivision agree- ment for the Bishop Subdivision No. 385-72 be approved. Councilman Grabowski noted that since the State Legislature has adjourned, there will be no more reports on "pending legislative matters" until November, 1972. RESOLUTIONS• The City Attorney presented the following Resolutions: Resolution No. 676: A RESOLUTION OF THE CITY COUNCIL OF THE TOWN CF LOS ALTOS HILLS ORDERING DIVISION OF UNPAID ASSESSMENTS, SEWER ASSESSMENT DISTRICT NO. 3. Resolution No. 677: A RESOLUTION OF TLE CITY COUNCIL OF THE TOWN OF IAS ALTOS HILLS ORDERING DIVISION OF UNPAID ASSESSMENTS, SEWER ASSESSMENT DISTRICT NO. 3. Resolution No. 678: A RESOLUTION OF THE CITY COU7CIL OF THE TOWN OF LOS ALTOS HILLS ORDERING DIVISION CF UNPAID ASSESSMENTS, SEWER ASSESSMENT DISTRICT NO. 3. Resolution No. 679: A RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS ORDERING DIVISION OF UNPAID ASSESSMENTS, SEWER ASSESSMENT DISTRICT NO. 2. MOTION, SECONDED AND CARRIED: Motion was made by Councilman Davey, seconded by Grabowski and carried by unanimous roll call vote that Resolutions Nos. 676, 677, 678 and 679 be adopted. WARRANTS: MOTION, SECONDED AND CARRIED: Councilman Davey moved, seconded by Grabowski and carried by unanimous roll call vote that the warrants as presented in the amount of TWENTY SEVEN THOUSAND, THREE HUNDRED TWENTY SIX DOLLARS AND FORTY TWO CENTS ($27,326.42) be approved and the City Clerk be authorized to draw the appropriate warrants. -7- �ar ORDINANCES: The City Attorney introduced and read the title of Urgency Ordinance,No.198, AN ORDINANCE OF THE TOWN OF LOS ALTOS HILLS AMENDING CERTAIN PROVISIONS OF THE LOS ALTOS HILLS MUNICIPAL CODE RELATING TO FEES. MOTION, SECONDED AND CARRIED: Councilman Davey moved, seconded by Gra- bowski, and carried by unanimous roll call vote that Urgency Ordinance No. 198 be adopted. OTHER BUSINESS BY COUNCILMEN: Councilman Miller asked the Mayor to appoint a second member from the Planning Commission to serve on the Reorganization Committee. Mayor Helgesson, with concurrence of the Council, appointed Planning Commissioner James Mueller. ADJOURNMENT: Mayor Helgesson arjourned the meeting at 12:30 A.M. to the next regular meeting August 7, 1972 at 7:45 P.M. at Town Hall. MMF:lk -8- Respectfully submitted, HURL M. FRITSCHIE City Manager Town of Los Altos Hills