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HomeMy WebLinkAbout12/06/1971CITY COUNCIL �w TOWN OF LOS ALTOS HILLS MINUTES OF A REGULAR MEETING December 60 1971 Reel 39 Side 1 Track 2 260 -End Side 2 Track 2 00-1225 Mayor Walter A. Benson called the regular meeting of the City Council of the 7cwn 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, with the following members onswering roll call: Present: Councilmen Corbett, Grabowski, Helgessen, =.nd Mayor Benson. Councilman Davey arrived at 7:50 P.M. ?TANNING COtMD:S5IGN REPRHSEMATIVBe Commissioner Lachenbruch APPROVAL OF XnVJTES: Minutes of September 20, 1971, Councilman Helgesson moved, seconded by Grabowski and carried unanimously (Davey absent) that the minutes of September 20, 1071 be approved as written. Minutes of October 4, 1971. Councilman Helgesson moved, seconded by Corbett and carried by majoxity 'rote that the minutes of October 4, 1971 be approved as written. (Davey absent, Grabowski abstained, since he was absent 10/4/71). s.aw�ua,ivaanaauva: 1. A request as to whether a variance was necessary to place Christmas decorations within setbacks was clarified. They are not considered a permanent structure and therefore do not require a variance. 2. ABAG transmitted materials on the Regional Airports Study Committee and an Economic Activity Report for San Francisco Bay. 3. STnta Clara County Board of Supervisors will conduct public hearing on 3:`/8/71 re: Moratorium on Development within the Los Trancos Woods area. 4. .>t.ter requested continued Torn participation in PPC activities. 5. H. P. Valentine, 25594 Wilbw Pond Lane requested Town provide Flood/Mud- slide Insurance. 6. Dept. of Public Health advised that Santa Clara County is a rabies area and that all dogs must be vaccinated prior to licensing during the coming year. 7. Governor Reagan replied that he will give every consideration to the Towne: request re: SB 225. NOTE: Although unscheduled items were discussed out of sequence, these mutes were prepared in the sequence of the agenda to provide continuity. SCHEDULED ITEM IVO. 1: PUBLIC HEARING ON FLOOD CONTROL WORK FOR ADOBE CREEK FROM TEPA WAY TO BL MONTE ROAD. Staff reviewed that this public hearing was called to consider the Flood Controls proposal to concrete line a section of Adobe Creek between Tepa Way and E1 Monte Road. Correspondence relative to this project was noted from Mrs. F. Fava, 26691 Moody Road; Messrs. R. B.; Oliver, 25466 Adobe Lane; N. McIlwraith, 13431 Wildcrest Drive; and L. C. Fowler of S. C. County Flood Control. Mr. Fowler reviewed the plans presented at the last Council meeting noting that the proposed concrete channel would be interwoven around the existing trees and could be colored earthen if desired. He stated if the plan was o.cceptable and pigmentation was desired by the Toxin to effect a more natural visual effect, that Town financial participation ($15,000) would be required for this option. He advised that alternatives available to the proposed channel which would be 101 wide at the bottom, 81 deep and 121 wide at the top (Note: larger than previously stated) would be: 1. Leave the area as is, continuing to subject those homes in the area to flooding. 2. Construct an earthen trapezoidal channel which would require additional R.O.W. to safely carry the flood flaw; removal of 4 homes and more than double the cost of the proposed $300,000 Project. He noted this type of channel would necessitate concrete drop structures in selected locations and there would not be any allowance for natural vegetation that might interfere with the flow. 3. Construct a smaller concrete lined trapezoidal channel estimated at $400,000. 4. Create a semi flood plain for $500,000 but erosion would continue to create problems. 5. Install box culverts - either a 121 pipe with inherent handling n.coblems due to its mass o�: t:wo 8I pipes at a cost of $520,000. 5. Construct an open vertical box at $325,000. T-07aaing the presentation, floor comments were heard from Mies. F. Fava; M. c-- Boissevain, 27181 Sherlock Road; M. Gaspich, 25473 Elena Road; W. Roscoe, 12234 Tepa Way; R. E. Stutz, 25310 Elena; F. J. Schnoor, ?L=: Adobe Lane; J. C. Schaefer, 25631 Moody Road; F. J. Costello, Jr., 2GC'S0 Moody Road, G. N. Browning, 13860 Page Mill Road; H. L. Byrd, 25640 Goode Road and Sanford Hiller of the Sierra Club. Council discussion noted that since the area is developed,a flood plain application was not feasible because there is not adequate R.O.W. available. kw Alternate approaches suggested would be "as required" clearing of the existing creek bed and adding armor plate in certain areas especially subject to eros,on. .2- NDTION, SECONDED AND CARRIED: Councilman Davey moved, seconded by Grabowski and carried unanimously that Staff and the Planning Commission in conjunc- tion with the Flood Control representatives conduct an in-depth 3 month study to review this problem more thoroughly; investigate alternatives and suggestions made; and arrive at the most acceptable resolution, so that the Council, after the Flood Plain Study has been completed, might then meet with the Board of Directors of the Flood Control District. SCHEDULED ITEM NO. 2: IL: ORT CF PATHWAY COMMITTEE, Mrs. Millie Saviano, Chairman of the Pathway Committee, presented a two-page report re: Byrne Preserve and Funding Bicycle and Bicycle Routes. The C. rajkttee recommended that the Council review the lease agreement on Byrne ?rsanrve with the intent of increasing the monthly rental as a short term :Ial. They felt,however, study should be given to finding a more equitable ;)"lic use of the 55 acres of Open Space. The Committee requested that any rental revenues from Byrne Preserve be allocated to the Path Fund. The Committee also requested that a date be set for a Public Hearing to adopt the Master Bike Route Plan. council agreed to consider the Committee's suggestions. Staff was requested to agenda the Master Bike Route Plan for a Public Hearing before the Planning Commission as soon as the map required for the formal presentation Is prepared. SCHEI>U[ W ITEM NO. 8: PUBLIC HBARINO TO CCNSIDBR THE ABANDONMENT OF A PATHWAY EASEMENT IN ROSE - HILL ESTATES UNIT #1. Staff reviewed the easements dedicated in 1966 for the Rosehill Estates No.l subdivision. It was noted that this Public Hearing to consider the request for abandonment of part of these path easements had been processed through the Pathway Committee and a Public Hearing before the Planning Commission. (See Planning Commission minutes of 10/26/71). The Pathway Committee recommended that these easements be abandoned EXCEPT for those along the south side of Lots #30 and 11 and the east sides of Lots #12 and 13. In addition to the petitions from the residents concerned requesting abandonment, communications of support were heard from Mrs. Lily M. Shibuya, 26898 DeZahara Way; Mrs. P. M. Standring, 12950 Cortez Lane; Mr. We. Ross Aiken, 10610 Magdalena Road; Cmdr. (Ret.) J. Dochnahl, 27980 Central Drive amd Mr. W. C. Downey. Letters opposing the abandonment were read from Los Altos Hills Horsemen Assn.; Mr. C. Stacy French, 11927 Rhus Ridge Drive; and Mrs. Chas. F. Gieseler, 26885 Taaffe Road. Floor participation opposing the abandonment was heard from Messrs. S. French; S. G. Whittelsey; L. Dawson, and A. M. Laws; Maes. J. McIlwraith; C. Gieseler, D. Strobele; and J. Correll. Those speaking for the abandonment included Maes. M. Saviano; L. Shibuya; C. Steinmetz; W. Williams; H. Foster; P. Standring, and Messrs: M. Shibuya; C. Steinmetz; H. Foster and R. C. Cheney. Residents favoring the abandonment noted the invasion of privacy -3- current erosion problems and a safe alternate route was available. Those Opposing questioned the wisdom and justification for abandonment noting that the residents were aware of the existence of the easement when they purchased their lots and abandonment could set a precedent for others also desiring their path easements to be abandoned. Lengthy Council discussion ensued due to the varying recommendations before them and several motions spanning abandonment in total to a portion of abandonment failed before a majority opinion was received. NOTION, SECONDED AND CARRIED: Councilman Helgesson moved, seconded by Grabowski and carried by majority vote (Corbett and Davey voting "no'-) that the pathway easement along the southerly boundary of lots 10 through 12 and along the easterly sides of lots 12 through 17 of Rosehill Estates No. 1 be abandoned; while the easement between lots 13 and 14 - which connects DeZahara Way and ends at the adjoining Packard property - be retained; this retained easement shall not be utilized as a public path easement nor shall its eventual status be determined prior to the develop- ment of Assessox's Parcel #182-14-029 by its owner. SCHEDULED ITEM NO. 4• VARIANCE V-359-71 - RICHARD TRIMBLE - Request for reduction of side set- back from 30' to 22' for pool at 26792 Robieda Court. Staff reviewed the Planning Commission recommendation and Council discussion concurred. MOTION, SECONDED AND CARRIEDc Councilman Helgesson moved, seconded by Grabowski and carried unanimously that the variance request of R. Trimble (V-359-71) for reduction of side setback from 30' to 22' for a swimming Pool be approved as recommended by the Planning Commission. SCHEDULED ITEM NO. 5: USE PERMIT UP -360-71) - CLARENCE HENDERSON - Request for Secondary Dwelling on 2.8 acres net at 27020 Purissima Road. Staff reviewed the Planning Commission recommendation and Council concurred. MOTION, SECONDED AND CARRIED: Councilman Helgesson moved, seconded by Grabowski and carried unanimously that the Use Permit for C. Henderson (UP -360-71) be approved as recommended by the Planning Commission. Following the motion, Mr. Henderson expressed his objection to the stringent pathway requirements which the Planning Commission recommendation had left to the discretion of the Pathway Committee. Chairman Saviano noted that an adequate path through this area was extremely critical from the standpoint Of safety due to the blind curve existing there on Purissima Road and the heavy pedestrian and equestrian traffic to and from the Little League Park area. MOTIONS SECONDED AND CARRIED: Councilman Davey moved, seconded by Grabowski and carried by unanimous vote to rescind the motion approving the Use Permit for C. Henderson (UP -360-71). ( NOTION, SECONDED AND CARRIED: Councilman Davey moved, seconded by Grabowski and carried unanimously that the Use Permit request for C. Henderson (UP - 360 -71) be returned to the Planning Commission for reconsideration of the Pathway Committee recommendations. -4- SCHEDULED ITEM NO. 6: ACTION ON PENDING LEGISLATIVE MATTERS (with Resolution of Commendation) - COUNCILMAN GRABOWSKI. This item was deferred to the December 20th meeting. UNSCHEDULED ITEM NO. 1: Xtsl%W ONACTIONS OF PLANNING COMMISSION RE: AMENDMENTS TO TOWN'S ZONING ORDINANCE NO. 78 POR ANTENNA CONTROLS. Staff reviewed the action taken by the Planning Commission November 22, 19710 when they voted to refer the Antenna Committee's recommended ordinance back to the City Council, to be referred to the Antenna Committee. They recom- mended that the Antenna CommitteeH (1) Consider the distinction between the needs of the ham operators ANd the regular TV/radio audience. (2) Establish a reasonable height within the framework of our present ordinance and require a variance procedure for any height beyond that allowed. (3) Require compliance with the current setback regulations. ( (4) Include the tower, as well ae the antenna in the entire antenna �I "system" for height and setback control. (5) Delete from the draft ordinance permission for guy wires to cross property lines. (6) Use a word similar to -'good" when referring to a signal, instead of a "noise free/ghost free" signal. Due to the late hour, the Council concurred to defer discussion of this item to the December 20th meeting. UNSCHEDULED ITEM NO. 2: REPORT ON STATEMENT ADOPTED BY PLANNING COMMISSION RE: THE WILLIAMSON ACT AMID THE TOWN'S GENERAL PLAN. Staff reported that the Planning Commsssion at their November 22 meeting had agreed to adopt a statement that the general content of the General Plan was realized at the time they recommended to the City Council to establish the Agricultural Preserve for the Town. Council acknowledged this action. V -5- UNSCHEDULED ITEMNO. 3t REPORT ON ACTION OF PLANNING COMMISSION RE: ASSEMBLY BILLS #1301, 1302, 1303 and 1304. Staff reported that since AB 1301 and 1302 have been signed by the Governor, the Planning Commission requested these Bills be reviewed by the City Attorney and that he provide a written interpretation of what these Bills will require of the Town and where the ordinances will have to be changed. Since AB 1303 had been vetoed, the Commission felt no comments were necessary. AB 1304 was reviewed, but tabled without comment. Council concurred that the City Attorney review AB 1301 and 1302. UNSCHEDUIED ITBM NO. 4t ANNOUNCBMBNT BY MAYOR OF THE FORMATION OF A "PUBLIC PROIECTICN CCMMISSION" AND AN "ENVIRONMENTAL MANAGEMENT COM IISSICN". Mayor Benson revealed plans to expand the Noise Abatement Committee from 5 to 7 members and elevate the group to Commission status. The body renamed the "Environmental Management Commission" will be charged to study and recommend on all environmental matters affecting the Town, i.e. noise, air, water and visual pollution. Mrs. Milton Ellis, 11981 Magdalena was designated as one of the two new members. The Mayor stated that the Traffic and Public Safety Committee will be expanded from 7 to 9 members and also elevated to Commission status. The Committee will be renamed the "Public Protection Commission" with responsi- bilities to embrace the area of consumer affairs and fraud as well as the current areas relating to traffic control and police matters. The 2 new members were designated as Mrs. Irma Goldsmith, 27330 Elena Road and Mr. Albin Daniell, 13825 Templeton Place. Discussion of the specific charge for these Commissions was deferred to the December 20th meeting. A proposal by Mrs. D. Miller to consider establishment of Variance Review Board and lessen the current activities of the Planning Commission so that they might redirect their studies to long range planning was heard. UNSCHEDULED ITEM NO. 5: REPORT ON CA'N - COUNCILMAN CORBETT. Councilman Corbett related the progress to date on Cable TV in the Bay Area and reviewed a recent symposium at the Stanford Research Institute where the technical problems, financial considerations and programming difficulties Of CATV were discussed. UNSCHBDUISD ITEM NO. 6: PRBSENTATION Cr AUDIT FOR FISCAL YEAR 1970-71. Due to the late hour, this item was continued to the December 20th meeting. -6- 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 TWENTY THREE THOUSAND THREE HUNDRED NIMM TWO DOLLARS and eighty one cents ($23,392.81) be approved and the City Clerk authorized to draw the appropriate warrants. Due to the late hour the following Ordinances agended were continued to the December 20th meeting. ORDINANCES: 1. Ord. #191, Second Reading, an ordinance rezoning certain land to OSR. 2. Orde #192, First Reading, an ordinance emending Ord. #87 by increasing the speed limit on a portion of Purissima Road from 25 to 35 mph. This action was recommended by the Traffic and Public Safety Committee. ADJOURNMENT: Further business being continued, Mayor Benson adjourned the meeting at 1:03 A.M. to NEXT REGULAR MEETING: Monday, December 20, 1971 at 7:45 P.M. at Tam Hall. 4 Respectfully submitted, TED J. City Clerk Town of Los Altos Hills TJRVjp -7- 12/6/71