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HomeMy WebLinkAbout09/07/1971CITY COUNCIL t TOWN OF LOS ALTOS HILLS i� MINUTES OF A REGULAR MEETING September 7, 1971 REEL 37 Side 1 Track 2 00 -End Side 2 Track 2 00-450 Mayor Walter A. Henson called the Regular Meeting of the City Council of the Town of Los Altos Hills to order at 7:46 P.M. in the Council Chambers of the Town Hall, 26379 Fremont Road, Los Altos Mille, with the following members answering roll call: Present: Councilmen Corbett, Grabowski, Helgesson, Davey, and Mayor Henson. Absent: None. PLANNING COMMISSION REPRESENTATIVE: Commissioner Magruder APPROVAL OF NLN0T�8,: Minutes of August 2 and 16, 1971 were not yet submitted for approval. COMMUNICATIONS: 1. foe Altos County Fire Protection District recommended installation of a sprinkler system in Town Hall. Council concurred that Staff solicit cost estimates for a sprinkler system at Town Hall. 2. Commissioner Priscilla Weishart commended Councilman Grabowski on his argument and appeal to the Council at the last meeting wherein he proposed adoption of a resolution urging the electorate of Menlo Park to reject the Willow Expressway. Mrs, J. R. Gallo, 25720 LaIanne Court, and Mrs. P. M. Standring, 12950 Cortez lane, also submitted letters expressing their desire for the Town to adopt a resolution opposing the Willow Expressway proposal. Council discussion ensued with support of such a resolution urged by Councilmen Corbett, Lavey and Grabowski. Reservations were expressed by Mayor Benson and Councilman Helgesson. They felt it would be acceptable to urge the Menlo Park electorate to seriously consider this proposal but questioned the propriety of one jurisdiction imposing their opinion upon another jurisdiction without some form of solicitation from the citizenry of that community to do so. MOTION, SECONDED AND CARRIED: Councilman Grabowski moved, seconded by Davey, that the City Attorney prepare a letter to indicate "it is the coneensus of the majority of the Council, that the Council is opposed to the construction of the Willow Expressway because of the detrimental environmental effect it would have in our community basin and further urge the electorate of Menlo Park to reject the Willow Expressway on September 141' carried by the following roll call vote: Ayes: Councilmen Corbett, Davey, and Grabowski. Noes: Councilman Helgesson and Mayor Benson. 3. Request from County Flood Control District for formal naming of two creeks was referred to the Planning Commission for comments. 4. John Meccarello, 24699 Clive Tree lane expressed displeasure with delays en- `countered in getting the Town to take corrective action re: his neighbor's concrete vall which is leaning "dangerously' onto his property. It was noted that since the wall was erected, Mr. Meccarello had constructed his residence and the grading accomplished at that time may have affected stability of the wall. Discussion also noted that this was actually a civil matter between the neighbors since the wall is in the nature of a fence, does not support more than four feet of fill and thereby did not require a building permit or engineer's section. Therefore no Council action was required. `5. Notice of public hearing on Noise Pollution to be held at the Jack Tar Hotel in San Francisco on September 27 through 29. Council discussion noted that Dr. Majorie Evans would be a featured speaker. 6. Mrs. Guy Gugliotto, 25351 Moody Road urged an open meeting be held to hear points of view re: the Confederation de la Raza suit against the Tom. Lengthy Council discussion ensued and included floor participation from Mrs. Lois Bogle, 2000 Page Mill Road; Mrs, Millie Saviano; Mrs, Irma Goldsmith, 27330 Elena; Mrs. Priscilla Weisbart; Mr. A. M. laws, and Mr. Wm. Rahn, 26491 Ascension Drive. The majority of the Council concurred that a reply be provided Mrs. Gugliotto but that no purpose would be served by a public meeting in view of the ample coverage provided by the local press regarding the status of the pending litigation. Dis- senting, Councilman Davey stated that because of the implications of this suit, not only for Los Altos Hills but other cities across the nation, it was the Council's responsibility to explain the facts to their constituency to allow the public to discuss the matter with some objectivity. Also this would dispel rumors in the community and the resultant misunderstanding. Mayor Henson stated he would be happy to discuss the facts with any interested resident, but that this matter was now before the courts to try and should not be done so by the community. 7. Los Altos Kiwanis Club solicited support through private donations to purchase trees and shrubs for planting in barren areas. 8. Request from W. R. Simmons Company to conduct a research poll was denied. L Staff requested to reply enclosing copy of Town Ordinance prohibiting solicitations. 9. County Department of Public Works requested the Town's participation in a Traffic Safety Engineering Project. Council agreed to support the project but note6 this was not to provide financial support. 10. Mr. Paul Smith, Chairman of Los Altos Recycling Center recommended consolidat- ing the Town's limited recycling service (aluminum cans only) with their more complete facilities at Edith and San Antonio Road. Council concurred. 11. Mrs. Priscilla Weisbart requested the Tom provide more publicity on the Williamson Act to inform potential applicants of this means of obtaining tax relief. 12. Notice was received of the first Pop Warner Football Game to be held September 12th at the Los Altos High School Stadium. 13. Santa Clara County Hoard of Supervisors advised of plans to change the County Gas and Electric Utilities Plan whereby the present 115 KV transmission lines would be replaced with 230 KV lines from the Metcalf/Monte Vista line crossing Summit Road to Mt. Herman in Santa Cruz County, as well as from Soda Springs to Los Gatos. Discussion noted that this change required stronger towers to support the heavier lines. 14. Councilman Grabowski read a letter Bent to him from Mr. J. E. Parise, 26865 Elena Road protesting the Council's action in forming Sewer Assessment District #9, and indicating he did not want sewers. Councilman Grabowski stated this letter, A~ as well as others he had read indicated to him the widespread misunderstanding among residents regarding SAD #9 which does not provide sewers and therefore he proposed a factual information letter in layman's language be sent to all residents to define the problem and to clarify the misunderstandings generated by the legally worded notice of assessment for SAD #9 which he felt was difficult for anyone to understand. -2- He stated a letter would also dispel the subsequent mis-statement of facts and rumors that have further confused the reason for assessing this sewer capacity charge. Lengthy Council discussion ensued as to the desirability of another mail - out, and floor participation was heard from Mrs. J. Carica and Mrs. I. Goldsmith. Councilman Davey objected to an "incredible dual standard" on the part of the rest of the Council if they support sending a letter of information to residents on SAD #9 but refuse to disseminate information in regard to the de In Raza suit. The City Attorney requested that Counsel be a party to any towawide mailing in- volving pending litigation to assure any statements would not be prejudicial to the Town's best interest. Mayor Benson stated that it was the desire of all the Council to keep the citizenry knowledgable on matters concerning the Town but in view of the City Attorney's advice any mail -out should be held in abeyance until the City Attorney has had an opportunity to confer with the other attorneys involved in pending litigation. SCHEDULED ITEM NO. 1: _ PROZINSKI, CLAUDE A.W (LLC -2-71) - Lot Line Change, Rhoda Drive and Purissima Rd. Staff stated that the Planning Commission, recommended approval of this Lot Line Change subject to the conditions of the Check List dated August 23, 1971. Council discussion concurred with the recommendation. MOTION, SECONDED AND CARRIED: Councilman Helgesson moved, seconded by Corbett, and carried unanimously to approve the Lot Line Change (LLC 2-71) for Claude'A. Pro- zinski in accordance with the check list dated August 23, 1971 which conditioned kv approval upon the Flood District's concurrence. SCHEDULED ITEM NO. 2: RHUS RIffY_1ANCH0SUBDIVISION (LLC -1-71) - Lot Line Changes on Lots #1, 7 and 9 of Tract 4169 and Lot #2 of Tract 2309. Staff reviewed these lot line changes and noted that the changes the Planning Commission recommended as requested by the applicant, Mr. Dan Dana, for Tract 4169 be approved. Since no public improvements were involved, no Check List was re- quired. Council discussion concurred with the recommendation. MOTION, SECONDED AND CARRIED: Councilman Davey moved, seconded by Corbett and carried unanimously to approve the Lot Line Changes (LLC 1-71) for the four lots in the Rhus Ridge Rancho Subdivision and authorized that this be accomplished by means of a parcel map. SCHEDULED ITEM NO. 3: ACTION -ON PENDING LEGISLATIVE MATTERS. Councilman Grabowski reviewed the following Assembly Rills: AB 1619 - Establish an Environmental Council within each County with all cities represented to prepare a County -wide proposal. AB J� - Provide relocation payments for persons displaced as a result of public projects. SB 566 - Would increase tax revenue on real property transfer. E The Council unanimously concurred to urge support of the above bills. -3- UNSCHEDULED ITEM NO. 1: REVIEW DESIGN -OF' THE PORTION OF ALTAMONT ROAD ADJACENT TO LOT #14, TRACT 4897, LANDS OF ESHNER. Staff reviewed the design of Altamont Road adjacent to Lot #14, Tract 4897, Lands of Eshner, and noted that all dedications have been made by Mr. Eshaer as required by the Check List for this subdivision. Cross sections of this portion of Alta- mont Road were presented which provided for a 4' wide shoulder along the inside of Altamont Road at this location that would require Mr. Eshner's chain link fence to be moved back to his property line. Staff stated that this could be accomplished as part of the current Cas Tax project. Council concurred that the fence be moved where necessary to provide the 4' right of way and that Mr. Eshner's engineer meet with Staff to determine the actual property line. MOTION, SECONDED AND CARRIED: Councilman Corbett moved, seconded by Grabowski and carried unanimously to approve the above provision for a 4' wide path along the inside shoulder of Altamont Road beside Lot #14 of Tract 4897. UNSCHEDULED ITEM NO. 2: CCHSIDEHIRG ABANDONING CERTAIN UNUSED ROAD R.O.W. ON LOT #14, TRACT 4897, LANDS OF ESHNER. Staff reviewed that in the early 1900's a road easement for Altamont Road was es- tablished which has never been used for roadway purposes and noted that part of this road easement lies within the present property lines of Lot #14, Tract 4897, Lands of Eshner. Staff suggested that since the Town has received a dedication of thirty feet from the existing center line of Altamont Road, the above mentioned road ease- ment is no longer needed and can be abandoned by Resolution. Council discussion ensued with floor participation from A. M. laws. MOTION, SECONDED,AND CARRIED: Councilman Helgesson moved, seconded by Grabowski and carried unanimously to approve the Staff's recommendation to abandon certain unused Right -of -Way along Lot #14, Tract 4897, and directed the City Attorney to prepare a resolution of abandonment for the next meeting. UNSCHEDULED ITEM NO. 3: C�ISIDER OFFER OF FREE LABOR AND TRUCKS FROM THE CALIFORNIA ARMY NATIONAL GUARD. Staff reviewed that this item was discussed at the last Council meeting and con- tinued pending a reply from the National Guard to indicate whether clearing of paths and trails in Los Altos Hills would qualify as a project in which they would like to be involved. Their response stated that they would like to discuss such a project to see if it can be scheduled to coincide with one of their regular monthly drills. Council discussion ensued with floor participation from Pathway Committee Chairman Savieno. In addition to path clearing, work on the Japanese Pagoda at Foothill College was proposed. MOTION, SECONDED AND CARRIED: Councilman Helgesson moved, seconded by Grabowski and carried unanimously that the manpower volunteered by the National Guard be V utilized in specific areas designated by the Pathway Committee and that the work be conducted under the supervision of Staff. -4- UNSCHEDULED ITEM NO. 4: REQUEST TO ABANDON A PATH EASEMENT IN ROSEHILL 91 SUBDIVISION. Staff reviewed a letter from Mrs. Lily M. Shibuya, 26898 DeZahara Way, and a peti- tion signed by the owners of 6 lots in Rosehill #1, that requested the pathway easement running along the Easterly side of their properties be abandoned. Council discussion ensued with floor participation from Pathway Committee Chairman Saviano, Mr. & Mrs. H. Foster, 26870 Taaffe Road, and Mrs. D. Miller, 13076 Vista del Valle Ct. Mr. Foster read a letter he had received from the City Attorney requesting removal of path obstructions within ten days and he requested additional time be allowed for compliance. Council concurred with this delay and in addition directed Staff to investigate and report on other violations in the area that were noted during discussion. MOTION, SECONDED AND CARRIED: Councilman Davey moved, seconded by Grabowski and carried unanimously that the petition for path abandonment along the back of Rose- hil1#1 be referred to the Pathway Committee for recommendation and presentation to the Planning Commission for consideration and recommendation back to the Council. UNSCHEDULED_ ITEM NO. 5: REP(PiT �! ANTENNAS AT THE FORBES, PROPERTY, 12866 LA CRESTA DRIVE. Staff reviewed that this item had been continued from the lest meeting to review and reported the Forbes would have to out off three feet of one pipe standard and 4 feet off the other pipe standard to comply with the 30' height limitation but it was recommended that Council defer action until the final report is received from the Antenna Committee. Lengthy Council discussion ensued with floor participation from Mr. A. M. Laws, Mr. & Mrs. Forbes, and Mrs. D. Miller. Discussion evolved around the numerous TV height violations existing and perhaps the 30' height limit might be unreasonable.. MOTION, SECONDED AND CARRIED: Councilman Corbett moved, seconded by Helgesson and carried unanimously that the height of the Forbes' pipe standards be reduced to comply with code but a 60 day delay Abe allowed to determine possible action resulting from the Antenna Committee study. UNSCHEDULED ITEM NO. 6: REPORT AND RECOMMENDATIONS ON THE CORRECTION OF THE DRAINAGE PROBLEM AT 26491 ASCENSION DRIVE. The City Engineer reviewed the existing open concrete Channel near Ascension, Anacapa and St. Francis, stating the channel enters an underground pipe (near the common lot line between the Hahn and Boone property) and continues underground to a drain outlet into the street. It was noted that during the winter rains, leaves and other debris periodically caused the pipe to clog, backing up the drain- age which overflows and erodes the Hahn property. The erosion problem has been compounded recently by a broken 12" water line belonging to the Parisaima Water Co. The City Engineer recommended that the existing channel be removed rather than repaired and that a new channel be constructed with adequate capacity to handle ( the storm drainage and convey the discharge from the water tank belonging to �r Purissima Water Co. The cost was estimated at $11,000.00 and he stated that the Water Co. had indicated a willingness to share a portion of the cost. Council discussion ensued with comments heard from Mr. W. Hahn. Council concurred that action is required before winter and staff was requested to firm up their estimate and negotiate a cost sharing with the Purissima Water Company. -5- UNSCHEDULED ITEM NO. 7: REPORT FROM THE TOWN ENGINEER REGARDING THE REDUCTION IN THE NUMBER OF ASSESSMENTS FOR S.A.D. #9. The Town Engineer reported on 5 requests for reduction in the number of assessment units in S.A.D. 99 that were discussed at the last meeting. Discussion noted that additional supporting data would be required in order to reduce the assessment against Mrs.Lois Hogle, 2000 Page Mill Road, which related to 5 acres she had dedicated to the Sierra Club. The Council concurred that assessment #580 and #808 were authorized for reduction. A resolution to reduce these two assessments was deferred to the next meeting UNSCHEDULED ITEM NO. 8: !WORf FROM THE`TRAFFIC AND PUBLIC SAFETY COMMITTEE. Chairman R. C. Cheney submitted the following Traffic and Public Safety Committee recommendations: 1. Do not reduce the 25 m.p.h. speed limit on Lupine Road. 2. Paint double yellow centerline on la Barranca Way for 100' on each side of the Freeway. 3. Install reflectors on the guard rail on Arastradero Road west of IS 280, 4. Do not install an auto barrier around the outside curves of EL Monte by Foothill College. 5. Do not make a portion of Natoma Road "one-way." ` 6. Have the property owner on Elena Road at Vinedo Lane clear the brush for ` improved sight distance around the curve. 7. Install reflectors and signs designating curve on Fremont Road at Fremont Hills School. MOTION, SECONDED AND CARRIED: Councilman Corbett moved, seconded by Helgesson and carried unanimously to accept the recommendations of the Traffic and Public Safety Committee and to direct Staff to incorporate the requests outlined. UNSCFUIDULED ITEM NO. 9: REP(➢_2'.'-Ohi TES PATHWAY COMMITTEE. Mrs. Millie Saviano, Chairman of the Pathway Committee read a two page report highlig':.ting the need for additional trail and path -funding. It criticized Town Manage:ent for usurping the Committee's authority by by-passing the committee on matters relating to paths and trails, e. g. negotiating easements along the Eshner property and accepting outside volunteer help to clear paths and trails as evidenced by the National Guard offer. Mrs. Saviano emphasized the need for trail marking and brushing, but that this affluent community should provide sufficient funds to accomplish this. She stated the Committee was not advocating additional taxes, but intends to propose in the near future one means of attaining these goals. Mayor Benson thanked Mrs. Saviano for this "food for thought% Discussion re- garding the need for an extension to the Twister Guard Rail followed and Staff indicated an additional 25' were on order. Councilman Grabowski requested a resolution restricting bicyclists to the Twister Path be agended for the next meeting. UNSCHEDULED ITEM NO. 10: STAFF REPORTS. 1. City Manager stated all applicable agencies have reviewed the Williamson Act forms and after Council review they Will be available to interested applicants. 2. Town Engineer noted approximately 15 homeowners above Pink Horse Ranch have undertaken preliminary plans to form a sewer district. It was noted that a couple of the homeowners lived in the County and the problem of maintenance was posed. Annexation was considered to be the only available solution. 3• City Attorney noted a suit had been filed against the Town on S.A.D. #9 and that the Town sewer policy appeared to be interwoven. Council concurred that the Bonding Attorneys represent the Town. UNSCHEDULED ITEM NO. 11: REQUEST FOR $1,200 TO UPDATE TOWN'S ZONING ORDINANCE. Staff stated that Planning Commission had requested monies be made available to update the Town's Zoning Ordinance and presented a memo from Wm. Spangle & Associates that outlined the scope of services necessary tc make needed revisions to the Town's Zoning Ordinance. The Town Planner stated the cost would be $1200 maximum, but that any addition to the 13 items outlined or extensive amendments after proceeding would necessitate an adjustment in compensation. Councilmen Corbett, Grabowski, Helgesson and Mayor Benson concurred that the expenditure was desirable. Councilman Davey noted if it is "our interest" to review the zoning ordinance as it relates to the de Is Raza suit, that the scope of services outlined did not include exploring additional zoning tools to amplify the one -acre minimum, or latitude to consider alternate types of zoning, i. e. clusters, multi -family homes zoning or planned unit developments. Mayor Benson stated it is not "our interest. I want to tighten up our 1 acre minimum zoning. I don't think it is 'our interest' to provide these alternatives. The =, ute six acres are zoned on Moody Road, you have destroyed the character of that neighbor- hood for residential living." Councilman Davey stated that the study of alternate possibilities as Portola Valley and Saratoga have undertaken are probably benefi- cial. :she aPreed that the land chosen by the de la Raza was ill-suited for multi- fam�.:•; l:c•;es. but for that reason alone she was compelled to encourage the Council to see '.1c,a self -interests by looking at alternate places within the community that might well be suited for this kind of activity, and at the same time maintain the overall same density of the community as projected 15 years ago. She felt it would behoove the Council at least to study the alternatives available "so that we can offer some differing possibilities within the zoning ordinance itself -- meanwhile keeping the 1 -acre minimum in that great majority of the community that is already developed." Floor participation was heard from Mr. A. M. laws and Mrs. J. R. Gallo. In response to Mrs. Gallo's query as to what is the issue and to what is the Council addressing, Councilman Corbett stated that the $1200 would buy professional planning time to Ltighten and clean up, re -arrange and modify the existing zoning ordinance. -7- L MOTION, SECONDED AND CARRIED: Councilman Grabowski moved, seconded by Davey, and carried unanimously to appropriate a maximum of $1200 for the Town Planner to up -date the Zoning Ordinance as spelled out in Wm Spangle & Associates memorandum dated August 25, 1971. RESOLUTIONS: 1. Resolution No. 641; A Resolution Setting a Public Hearing on the Adoption of the Municipal Code. City Attorney noted that the 1st reading of the Ordinance re: Municipal Code was omitted from the agenda which should be accomplished prior to this resolution. Council concurred to agenda the ordinance for next meeting followed by the resolu- tion. WARRANTS: MOTICN,_ 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 TWENTY SIX THOUSAND TWIIQTY SIX DOLLARS and No Cents ($26,026.00) be approved and the City Clerk authorized to draw the appropriate warrants. BUSINESS BY COUNCILMEN: Council Helgesson reminded the Council of the public hearing to be held in San Jose on September 8th, regarding Additions and Deletions to the State Highway System within Santa Clara County. He reviewed the Transportation Policy Committee recommendation, that the Board of Supervisors endorse the general concept of High- way classification but that jurisdictional agencies have a say in the functional classification. Presently, except for the Santa Clara County Expressway system, only the State has authority over routes passing through more than one jurisdiction. In addition, he noted the following proposed changes to the State Highway System were opposed by the Transportation Policy Committee. A. Deletion of Skyline Boulevard B. Deletion of El Camino Real ;-I tion of Route 9 i. _..t icn of Alum Rock Ave. between 680 & 101. E. l.J.c i :-'.on of Lawrence Express ay Council concurred with the above recommendations. ADJOURNMENT: Mayor Benson adjourned the meeting at 12:05 A.M. to NEXT REGULAR MEETING: Monday, September 20, 1971 at 7:45 P.M. at Town Hall. Respectfully submitted, TED KLUZEK� City Clerk Town of Los Altos Hills TJK/dq -8-