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HomeMy WebLinkAbout10/04/1971CITY COUNCIL TOWN OF LOS ALTOS HILLS MINUTES CF A REGULAR MEETING October 4, 1971 REEL 37 Side 1 Track 1 225-1040 Mayor Walter A. Benson called the regular meeting of the City Council of the Town of Las Altos Hills to order at 7:46 P.M. in the Council Chambers of the Town Hall, 26379 Fremont Road, Los Altos Hills, with the following members answering roll call: Present: Councilmen Corbett, Davey, Helgeason, and Mayor Benson. Absent: Councilman Grabowski. PLANNING COMMISSION REPRESENTATIVE: Commissioner Mueller APPROVAL OF MINUTES: Minutes of August 2, 1971. Councilman Helgesson moved, seconded by Corbett and carried by majority vote, (Grabowski, absent, Davey abstained) that the minutes of August 2, 1971 be approved with the following change to the last sentence of paragraph 1 on page 7: After the words "were not legal" place a period (.) and delete the balance of the sentence "but that they had agreed to accept them as such." COMMUNICATIONS: 1. Council was extended invitation to farewell party honoring Palo Alto City Manager George Morgan to be held October 7, 1971, 2. Santa Clara County Flood Control transmitted a progress report on their plans for improvements to the channel between Tepa Way and E1 Monte. 3. Dr. Marjorie Evans transmitted a notification from the FAA advising public hearings will be held prior to future changes of airlane arrival and departure patterns. 4. Board of Supervisors forwarded their resolution adopting the North County amendment to the County Master Plan of Uniform House Numbering. S. ABAG General Assembly meets November 4, 1971 in Berkeley. 6. Office of Emergency Services submitted for review a Community Shelter Planning Report for this area and requested comments. ANNOUNCEMENTS: 1. Board of Supervisors will hold public hearing on October 27, 1971 on proposed Regional Park and Open Space District. Council concurred to transmit a copy of Resolution No. 608 with a cover letter reaffirming its support of the district. SCHEDULED ITEM NO. 1: NUTTER„EM RD A. 382-71) 2 lots 2.7 gr. acres, La Paloma Road (Tentative Map) ngineer - M. W. Wolff Staff reviewed this two lot subdivision and the check list recommended for approval b y the Planning Commission at their September 27, 1971 meeting. Council discussion ensued with floor participation from the applicant, Mr. Nutter. MOTION, SBOONDED AND CARRIED: Councilman Helgesson moved, seconded by Davey and carried by majority vote (Corbett voting No) that the Tentative Map of E. A. Nutter (382-71) for 2 lots be approved in accordance with the check list dated September 27, 1971, UNSCHEDULED ITEM NO. 1: RECOMMENDATION FROM THE PLANNING COMMISSION FOR THE CITY COUNCIL TO ADOPT THE BIKE ROUTE PIAN AS A '-POLICY STATEMENT". Council concurred with written request from Councilman Grabowski who was unable to attend this meeting, that this item be continued to the October 20, 1971 meeting. UNSCHEDULED ITEM NO. 2• REPORT FROM NOISE ABATEMENT COMMITTEE. Dr. Marjorie Evans, Chairman of the Noise Abatement Committee requested this item be continued to October 20, 1971 to allow additional time for prepare. tion. Council concurred. UNSCHEDULED ITEM NO. 3: RECOMMENDATION FROM TW PLANNING COMMISSION TO REZONE CERTAIN PUBLICLY OWNED LAND FROM R/A (Residential/Agriculture) to OSR (Open Space Reserve). Staff stated that the Planning Commission had recommended the Town rezone certain publicly owned land from R/A (Residential/Agriculture) to OSR (Open Space Reserve). It was noted that these lands either awned by the Town or in the process of being acquired, if rezoned would require a Public Hearing. MOTION, SECONDED AND CARRIED: Councilman Davey moved, seconded by Helgesson and carried unanimously that a public hearing be held November 1, 1971 at 8:30 P.M. to consider rezoning of publicly owned lands from R/A (Residential/ Agriculture) to OSR (Open Space Reserve). UNSCHEDULED ITEM NO. 4. REPORT FROM THE ANfBNNA COMMITTEE Dr. R. C. Smithwick, Chairman of the Antenna Committee and Mr. W. G. Wegener jointly presented the Committees final report. The Committee "chargee was reviewed: 1. To review existing Town Ordinances regulating antennas. 2. To recommend changes to the ordinances, if any. 3. To study and encompass all types of antennats (TV, radio- (, receiving and transmitting). Topics covered were to include �/ Tower height, size, and design; antenna design and positioning; crank up vs. permanent towers; number of towers and antennas; and setback requirements. _2_ Dr. Smithwick noted that the original ordinance governing height of antennas, etc. was related solely to the maximum allowable building height of 30' rather than to the efficiency or performance of the antenna. On this premise, Mr. Wegener stated the Committee's findings were based upon three separate studies: 1. A survey of applicable ordinances in other communities. 2. Town terrain problems affecting quality TV reception and the enjoyment of a radio hobby, 3. Legal history pertinent to basic rights of property owner. The studies found of 26 towns in the Bay Area, only 13 restricted antennas. Of these, five had height limitations, but with U.,e Permits higher antennas could be erected. Bight required variances to exceed the height limits. It was noted allowable height ranged from 30' to 550, thus the Town was the most restrictive of the communities studied. In regard to their technical studies of reception in hilly terrain, they found that no single height or antenna restriction would be satisfactory for one without being unreasonable for another. Their study of applicable court cases indicated that neither a community nor a property owner is completely free to do as it chooses. They determined a community may restrict a property owner's enjoyment of his property only when necessary to preserve public health, safety, moral or general welfare. They noted this police action is apart from any deed restrictions. They concluded safety of antennas is controlled by the building permit, and that the court's control under general welfare laws as related to aesthetics is difficult, if not impossible to judge. In summary a proposed revision to Ordinance 78 was presented recommending essentially, that: I. TV and radio antennas be allowed up to 55' but when it is found by a site survey company that good reception requires a greater height, the Tom Engineer shall issue a Building Permit. Any antennas over 201, however would also require a building permit. 2. Antenna towers shall observe set -back requirements but antennas and guy wires may extend to the boundaries of the property. They may not overhang the property boundaries without the neighbors approval. Council discussion ensued with floor comments heard from:/Mr. A.M. Laws, Mr. R. C. Cheney, Mrs, D. Miller, Mrs. M. Saviano and Mrs.JJ. McIlwraith. Discussion of the draft evolved around the lack of attention it gave to visual pollution; it did not limit the number of antennas allowed; and the object- ivity of the committee conclusions was questioned due to the inherent bias of the committee makeup. The City Attorney noted matters related to Zoning must be in accordance with the State Planning Act and consequently, exceptions would require a variance to be reviewed by the Planning Commission and Council Thus as proposed it would be an illegal delegation of power to utilize the discretion of the Town Engineer in the issuance of a building permit for an exception. Written submittal from Councilman Grabowski, (who was absent) noted antennas are structures as defined by Ordinance 78 and thus antennas as well as their guy wires must be within setbacks. In adittion, reference was made to prevention of "antenna farms." -3- MOTION, SECONDED AND CARRIED: Councilman Helgesson moved, seconded by Corbett and carried unanimously to accept the Antenna Committee's in-depth report with appreciation and that the draft ordinance be referred to the Planning Commission for their review and recommendations with the suggestion that a maximum of two antennas be considered, that an antenna tower be limited to a two foot square base, and that guy wires be restricted to existing setbacks. UNSCHEDULED ITEM NO. 5: REQUEST PERhIISSION TO ELIMINATE TRAFFIC HAZARD AT CORNER OF PURISSIMA AND LA PALOMA ROAD. Since vehicles traveling west on La Paloma wishing to make a right hand turn onto Purissima must swing across the center line of Purissima, Staff proposed a change in the layout of this corner to eliminate traffic hazard. The Town Engineer estimated the project would cost $600.00 using the Town Maintenance Men. MOTION, SECONDED AND CARRIED: Councilman Davey ,moved, seconded by Helgesson and carried by unanimous roll call vote that $600.00 be allocated to eliminate the traffic hazard at the corner of Purissima and La Paloma Road, UNSCHEDULED ITEM NO. 6 REQUEST FROM "PENINSULA ANIMAL WELFARE SOCIETY, INC." FOR LOS ALTOS HILLS TO PARTICIPATE IN THE "SPAY AND NEUTER CLINIC". Staff was requested to obtain additional information and if financial support is implied to determine the amount expected from participants. ( UNSCHEDULED ITEM NO. 7: br REQUEST FROM THE DIVISION OF HIGHWAYS TO APPROVE THE USE OF THE "FUNCTIONAL CLASSIFICATION" FOR DETERMINING FEDERAL AID SYSTEMS. Staff reported on the request from the Division of Highways, presented maps provided and noted the portion of Arastradero and Page Mill Roads, and E1 Monte and Moody Road to Page Mill receiving Federal Aid. Staff recommended acceptance of the Division of Highways "Functional Classification" for these areas. NOTION, SECONDED AND CARRIED: Councilman Helgesson moved, seconded by Corbett and carried unanimously to adopt the Functional Classification for determining Federal Aid Systems as requested by the the Divisions of Highways. UNSCHEDULED ITEM NO. 8: REPORT ON COSTS FOR A SPRINKLER SYSTEM FOR TOWN HALL. The Town Engineer reported that a second estimate for installing a sprinkler system had been received from Advanced Engineering. The cost would be $6000. Council discussion noted the current tight budget would not allow this type of expenditure this fiscal year. A less costly _system was discussed which was activated by means of a heat sensing device and sounded an alarm at a central monitoring location. Staff was requested to arrange for the represents tive from Westinghouse to make a presentation on this system. UNSCHEDULED ITEM NO. 9• REQUEST FROM PALO ALTO RE: OUR INTEREST IN PARTICIPATING IN A "MID -PENINSULA PLANNING STUDY" Staff presented a oopy of a letter from Kirke W. Comstock, Mayor of Palo Alto, solicitnng the Town's cost participation in a "Mid -Peninsula" planning study. Council concurred to refer this request to Planning Commission for their commen -4- L STAFF REPORTS 1 .tjTir. Ken Daniels of Video Engineering, Inc. had indicated he hoped to be ready to apply for a CATV franchise (undergzound) in the Town in November and had requested that the Town prepare an enabling ordinance. 2. Staff noted that the Planning Commission would be meeting on Tuesdays during October due to Veterans and Columbus Day holidays. 3. The Town Engineer recommended the following S.A.D. #9 assessments be re- duced since upon his review, he had found the owners were denied, upon prior application the number of lots for which units of benefit had been assessed. The reductions were: #604 from $563.00 to $281.50 #999 from $844.50 to $563.00 Council concurred and directed the City Attorney to prepare a resolution for the next meeting. PRESENTATIONS FROM THE FLOOR: 1. Mrs. J. McIlwraith suggested as an interim precaution, it might behoove the Town to purchase a fire extinguisher for the Council Chambers. Staff was requested to pursue this proposal. RESOLUTIONS: 1. Res. No. 643: A Re-.Vntinn setting a public hearing for November 1, 1971, to abandon Certain Unused Road Easements. Lands of Eshner - Lot 14, Tr, 4897. Staff noted that this unused road easement was discussed at the September 7, 1971, meeting. The City Attorney introduced and read in entirety Resolution No. 643, A Resolution of the City Council of the Town of Los Altos Hills Declaring Its Intention To Vacate Certain Unused Road Easements, and Fixing Time and Place For Hearing Thereon. MOTION, SECONDED AND CARRIED: Councilman Helgesson moved, seconded by Davey, and carried by unanimous roll call vote to adopt Resolution No. 643. WARRANTS: MOTION, SECONDED AND CARRIED: Councilman Helgesson moved, seconded by Corbett, and carried by unanimous roll call vote, that the warrants as presented in the amount of THIRTEEN THOUSAND EIGHT HUNDRED SIXTY SIX DOLLARS and no cents ($13,866.00) be approved and the City Clerk authorized to draw the appropriate warrants. OTHER BUSINESS BY COUNCILMEN: 1. Councilman Davey suggested Staff investigate use of recycled paper. Council concurred. ADJOURNMENT: There being no further business, Mayor Benson adjourned the meet - ,*4W ing at 9:45 P.M. to a litigation session and reconvened at 10:00 P.M. solely for the purpose of adjournment. Respectfully submitted, TED J. KLUZEK TJK/dq City Clerk Town of Los Altos Hills -5-