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HomeMy WebLinkAbout07/19/1971it CITY COUNCIL TOWN OF LOS ALTOS RILLS MINUTES OF A REGULAR MELTING July 19, 1971 REEL 40 Side 1 Track 1 00 -End Side 2 Track 1 00-350 Mayor Walter A. Benson called the Regular Meeting of the City Council of the Town of Los Altos Hills to order at 7:50 P.M. in the Council Chambers of the Town Bell, 26379 Fremont Road, Los Altos Rills, with the following members answering roll call: Present: Councilmen Grabowski, Helgesson, Mayor Beason, Councilman Davey arrived at 7:50 P.M. Absent: Councilman Corbett. APPROVAL OF MINUTES: Minutes of June 7, 1971, June 21, 19711 and July 61 1971 were not completed for approval. COMMCNICATIO_NS: 1.V ABAG advised that nominations to the Citizen's Task Force will be accepted to July 28, 1971. 2. Santa Clara County Sheriff's Department advised of deputies assigned in the North County area and their hours worked. 3. Communication from Senator Clark Bradley advised that except for AB 813, his position is in agreement with that taken by the Council in their transmittal to him on numerous bills before the legislature. UNSCHEDULED ITEM NO. 1: REQUEST FOR PERMISSION TO IMPROVE THE INTERSECTION OF PAGE MILL ROAD AND ARASTRAD.ERO ROAD. Staff reviewed their discussions with the Palo Alto Unified School District regarding safety improvements that should be made at this corner. It was noted that presently school buses coming East on Arastradero could not negotiate a right turn onto Page Mill Road without crossing the double yellow line due to an inadequate turning radius and the visual barrier created by the end three Eucalyptus trees in the existing grove along Arastradero. The fact that Page Mill Road narrows abruptly at this point compounds the hazard. Staff stated that the School District agreed to remove the three trees on their property and dedicate sufficient right of way, it the Tows would accomplish the roadway improvements at this intersection which consist of engineering, construction, relocation of public utilities and repainting of pave- ment markers. The cost to the Town for these improvements was estimated at $4125.00 from the "road -in -lieu" fund. Council discussion concurred with the Tom Engineer's recommendation. MOTION, SECONDED AND CARRIED: Councilman Helgesson moved, seconded by Grabowski and carried by unanimous roll call vote, that 84125.00 be allocated from the "Road -in - Lieu -Feel? Fund for improvement of the Page Mill/Arastradero Road intersection. UNSCHEDULED ITEM N0. 2: REPORT Ofi SAERIF'F S RATES FOR 1971-72. Staff reported that on July 20, 1971, the County Administrator will recommend to the Board of Supervisors that the Sheriff's Patrol hourly rate be $21.26 starting August 16, 1971 to take into consideration the anticipated wage increases for the Sheriff's Department. It was noted that the Town's Budget for Sheriff Patrol for the 1971-72 Fiscal Year was based on $21.00 per hour for the full twelve months. Council discussion noted reluctantly that although it was a substantial increase from the 1970-71 rate of $15.05, that no action would be required since the new rate was comparatively close to the 1971-72 budget estimate of $21.00. UNSCHEDULED _ITEM NO. 3: REQiJEST FOR PE�iMIS8I0N TO ABATE FIRE HAZARD. Staff reviewed a letter from the Fire Marshall regarding the failure of Mr. E. Lepers to abate a fire hazard on his property after having received a written re- quest to do so. The Town was requested to authorize discing of the property located adjacent to 14465 Manuella Road and bill the owner. Staff noted that Ordinance 105 states "......if the owner fails to correct such condition, the governing authority may cause the same to be done and make the expense of such correction a lien upon the property upon which such condition exists." Council discussion concurred that the discing be accomplished and the owner billed. ow MOTION, SECONDED AND CARRIED: Councilman Helgesson moved, seconded by Grabowski and carried by unanimous roll call vote that Staff be directed to have the fire hazard abated that exists on the property adjacent to 14465 Manuella Road, and that the owner Mr. E. Lepers be billed for same. SCHEDULED ITEM NO. 1: NINETY DAY MORAPOR VM O17 THE ISSUANCE OF PERMITS FOR STABLES. Mayor Benson reviewed that Ordinance No. 179 which became effective March 16, 1971 required that all commercial stables obtain Use Permits and that this Use Permit specifies the number of horses that may be kept. He noted that in every application submitted for a commercial stable Use Permit subsequent to this Ordinance, the maximum number of horses to be allowed became a major consideration. This problem has been further compounded by objections to the fly nuisance generated, manure removal, and the extra burden placed upon the Town's roads and trails. As a result, he stated that it had been suggested that a ninety -day moratorium be established on the issuance of use permits for stables to allow time for a more detailed study Of Ordinance No. 179 to better determine reasonable conditions for commercial stable Use Permits. Floor participants voicing opposition to a moratorium included: Mr. A. M. Laws, 11210 Hooper Lane; Mr. Morris Grupp, representing the prospective purchaser of the Melton Stable; Mr. S. G. Whittelsey, Director of Los Altos Horsemen's Associa- tion; Mrs. Irma Goldsmith, 27330 Elena Road; Mrs. June menwraith, 13431 Wildcrest Drive; Mr. Dan Alexander, 27200 Elena Road; Mr. W. D. Sauers, 26450 Anacapa Drive; Mrs. Gerry Clement, 26590 Snell Lane; Mrs. Diana Miller, 13076 Vista del Valle i/ Court; Mfr. Larry Dawson, 13835 Page Mill Road; Mr. Morgan McGilvray, 12823 Nor- mandy Lane; Mrs. Diane Strobele, 26450 Ascension Drive; Mr. Larry Watkins, 27200 Altamont Road; Ms. Jennifer Sundahl, Los Altos; and Me, Thelma Stutz, 25310 Elena Road. -2- Speaking in favor of the moratorium were: Mrs, Millie Savinno, Chairman of the Pathway Committee; Mr. & Mrs. M. J. Brown, 12670 Diane Drive; Mrs. Judy Carico, 25311 O'Keefe Lane; Mr, Bill Downey, President of Los Altos Hills Association; Mrs, Fay Baumgarten, 25000 O'Keefe Lane and Mr, Keith Prichard, legal counsel for neighbors opposing the Melton Stable. Council discussion with participation by the City Attorney ensued. Mr. Faisant noted that the proposed moratorium was not an emergency ordinance and that it could not be effected until 30 days following the second reading and also that adoption would not affect pending applications. Councilman Davey argued against the proposed moratorium, stating Ordinance No. 179 had resulted from lengthy study, and that a moratorium would not add any new input. She felt this would be "the first brick in the wall to outlaw horses in the Town." Councilmen Grabowski, Helgesson and Mayor Benson emphatically stated that it definitely was not suggested or intended to remove horses from the Town, but that the moratorium was warranted to allow further study of Ordinance No. 179. The majority of the Council concurred that the City Attorney prepare Ordinance No. 188, and have the First Reading under "Ordinances". SCHEDULED ITEM NO. 2: MELTON, RICHARD B. �(UP-355-71) - Request for Use Permit for Boarding Stable at 24970 O'Keefe Lane (E. GrUPP/Melton, Co -Applicants.) Staff stated that this item had been continued from the last meeting to allow the Council to consult with the City Attorney. Staff reviewed that the Planning Commission had recommended approval to permit eighteen horses on the property. Council discussion clarified that this was a joint application filed by so- anplicants --- Mr. IIdon Grupp (prospective buyer) and Mr. Richard Melton (seller). Floor participation included: Mr. Keith Prichard; Mr. and Mrs. M. J. Brown; Mrs. Lewis Wilson, 25102 O'Keefe Lane; Mr. Larry Watkins; Mrs. Millie Saviaao; Mr. & Mrs. Robert Carico; Mr. Morris Grupp (representing the buyer); Dr. Kay Bewley 13470 Burke Lane; Mr. William Sauers; Mr. Eldon Grupp; Mr, Richard Thomas, Los Altos; and Commissioner William Perkins. ei� '<o nb ,ecb�ons erpre -ei cnfl entertained the selectioi: of a committee to mediate with the appiicant and the-aLghbors. Mr. Morris Grupp stated he would be willing to meet with the neighbors at any time regarding the operation but under no circumstances would the Grupps accept the neighbors terms for the number of horses to be allowed on this property. He noted the sale to the Grupps was announced on June 7, 1971, and is to be consummated August 2, 1971. He stated that if the Council further delayed this application, that the Grupp's would withdraw their participation in the application for this Use Permit. Councilman Davey stated previous permits had been granted without the delays en- countered by the Melton and that since there did not appear to be any resolution forthcoming between the parties through further delays, that the Council should either approve or deny the application based upon the Planning Commission's re- commendation. Councilmen Grabowski, Helgecson and Mayor Benson stated that they could not proceed without attempting further to resolve the differences between 4 the Parties concerned. MOTION, SECONDED AND CARRIED: Councilman Grabowski moved, seconded by Helgesson, and carried by majority vote (Davey voting No) that the Melton/Grupp application for a Commercial Stable Use Permit (UP 355-71) be continued for 30 days pending a recommendation from a enmmittee of three, composed of one from the applicants, one from the protestors, with a third member selected by these two. -3- `, SCHEDULED ITEM N0_-_3: ACTION ON PENDING LEGISLATIVE MATTERS . . . . . Councilman Grabowski. Due to the late hour, Council concurred to defer this discussion to the August 2, 1971 meeting. UNSCHEDULED ITEM No. 4: APPLICATION FOR LEAVE TO PRESENT LATE CLAIM ON BEHALF OF CLAIMANT. Staff stated Mr. Jack P. Kilburn had requested permission to file a late claim against the Town for alleged damage to his property located between La Cresta and Anacapa Drives, in the amount of $16,792.76. MOTION, SECONDED AND CARRIED: Councilman Helgesso:. moved, seconded by Grabowski and carried by unanimous roll call vote, that permission to file a late claim against the Town of Los Altos Hills by Mr. Jack P. Kilburn in the amount of $16,792.76 be denied. Presentations From the Floor: Mr, Glen Taylor, 1229 Forest Ave, Palo Alto, protested adoption of Ordinance No. 180 (Sub -Division Ordinance amending Ordinance No. 69) and requested its effectivity be postponed pending further public hearings. He enumerated various sections of the ordinance to which he objected. ov City Attorney noted the Ordinance had been duly posted and that in addition, over the past two years, numerous public discussions were held regarding this revision to the Sub -Division Ordinance. He stated that during the posting period anyone objecting had recourse to file a law suit if they felt the ordinance was adopted capriciously. The alternative for a citizen would have been to attend the public hearings and voice their objections along with those others heard. Ordinances 1. Ordinance N. 188 - First Reading - Moratorium on Issuance of Use Permits for Commercial Stables. City Attorney introduced and read in entirety Ordinance No. 188, An Ordinance of the Town of Los Altos Hills Amending ordinance No. 179 of said Town by Temporarily Delaying Application and Enforcement of the Requirement for Use Permits for Legally Existing Stables. 2. Ordinance No.. 187 - 2nd Reading - Amending Drainage Ordinance No. 141. City Attorney introduced and read the title of Ordinance No. 187, An Ordinance of the Town of Los Altos Hills Amending Ordinance No. 141 of Said Town by Changing the Charge Imposed on Subdivided Building Sites. MOTION, SECONDED AND CARRIED: Councilman Grabowski moved, seconded by Helgesson and carried unanimously by roll call vote that further reading of Ordinance No. 187 be waived. L MOTION, SECONDED AND CARRIED: Councilman Helgesson moved, seconded by Mayor Benson 4/ that Ordinance No. 187 be adopted was carried by the following roll call vote: Ayes: Councilmen Davey, Helgesson and Mayor Benson. Noes: Councilman Grabowski. Absent: Councilman Corbett. -4- L MOTION, SECONDED AND CARRIED: Councilman Helgesson moved, seconded by Grabowski, and carried by unanimous roll call vote, that the warrants as presented in the amount of ONE HUNDRED SIXTEEN THOUSAND, SIX HUNDRED EIGHTY EIGHT DOLLARS and Forty-nine Cents ($116,688.49) be approved and the City Clerk authorized to draw the appropriate warrants. OTHER BUSINESS HY COUNCILMEN: City Attorney noted that he had prepared a draft ordinance in response to some Councilmen who had suggested the possibility of amending the Zoning Ordinance with respect to commercial stables by removing them from "agriculture" and make them a "Conditional Use". MOTION, SECONDED AND CARRIED: Councilman Grabowski moved, seconded by Helgesson, and carried by majority vote (Davey voting No) that proposed Ordinance No. 189 be transmitted to the Planning Commission for their recommendations. �r Mayor Benson adjourned the meeting at 12:15 A.M. to: NEXT REGULAR MEETING: Monday August 2, 1971 at 7:45 P.M. at Town Hall. TJX/dq 7/19/71 r ti -5- Respectfully submitted, �� TED J. UZEK City Clerk Town of Los Altos Hills