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Home My WebLink About12/20/19714 CITY COUNCIL TOWN OF IAS ALTOS HILLS MINUTES OF A REGULAR MEETING December 20, 1971 Reel 41 Side 1 Track 1 60-1250 Mayor Walter A. Benson called the regular meeting of the City Council of the Tam 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 answering roll call: Present: Councilmen Corbett, Davey, Grabowski, Helgesson, and Mayor Benson. Absent: None. PLANNING COMMISSION REPRESENTATIVE: Commissioner Magruder was unable to at- tend due to illness. APPROVAL OF MINUTES: Minutes of October 18, 1971, were not completed for approval. c COMMUNICATIONS: 1. Santa Clara County transmitted their Transportation Planning Portfolio. 2. Palo Alto requested comments on the voluminous South Bay Dischargers Report for the Ultimate Alternative Solutions for Disposal of South San Francisco Bay Waste Water. 3. National symposium on trails will be held in Walnut Creek on January 16th. Pathway Committee Chairman Saviano was requested to attend. 4. Lt. Governor Reinecke transmitted a notice of Intent to Convene the Re- apportionment Commission. 5. City of Santa Clara to host Fourth Annual Solid Waste Symposium on March 9 and 10, 1972. Councilman Helgesson was requested to attend. 6. IAFCO was requested by City of Cupertino to schedule sphere of influence discussion to establish line between Los Altos Hills and Cupertino. 7. We. Diana Miller, 13076 Vista dei Valle Court submitted a suggestion for landscaping public areas in the Town. S. AEAG solicited interest in a Phase II Study on Urbanization. 9. City of Vallejo requested support for revenue sharing. Council noted that the Tam was on record with League of California Cities in support of re - %,W. venue sharing, but concurred to reaffirm this stand directly to Congress- man Wilbur Mille. 10. LAFCO transmitted "Urban Development Policies for Santa Clara County". ANNOUNCEMENTS : Mayor Benson stated that the regularly scheduled January 3, 1972 Council meeting would be cancelled due to lack of a quorum present. SCHEDULED ITEM NO. 1: USE PgRMIT (UP -360-71) CLARENCE HENDERSON - Request for Secondary Dwelling at 27v20 Purissima Road. Staff reviewed that at the last Council meeting, this application had been referred back to the Planning Commission for a detailed study of the Pathway requirements. Following their review on December 13th, the commission added certain requirements to the check list under item 4. "Paths". Objection was expressed by Mrs. Henderson to the requirement for a 5' path dedication along their entire frontage along Purissima which was in addition to 30' road dedication from center of Purissima. The applicant noted the Freeway was on one side Of the property and this path dedication would be a further invasion of their privacy. Pathway Committee Chairman Saviano stressc the importance of a safe trail due to the heavy pedestrian/equestrian traffic and noted the sharp drop-off of the terrain to the edge of the road would not allow for a path along the shoulder of the road. Lengthy Council discussion ensued regarding the degree of the path cut propose and the adequacy of the proposed path was questioned since it was to be less than Town Standards and would necessitate retaining walls. It was noted that dedications for pathway requirements were not normally a condition for grantii of a Use Permit and they could eventually be obtained when the property was subdivided. MOTION, SECONDED AND CARRIED: Councilman Grabowski moved, seconded by Corbet and carried unanimously that the Use Permit for C. Henderson (UP 360-71) be approved to al:jw a secondary dwelling at 27020 Purissima Road in accordance with the check list as amended December 20, 1971 which deleted 4 c,d,e, and f of the Path requirements. SCHEDULED ITEM NO. 2: VARIANCE (V-361-71) RUSSELL. S. HUBBARD - Request for reduction in side set- back from 30' to 26' for pool on Lot #6, Hassett Lane. Staff reviewed this variance request for construction of a pool 4' into the side setback and noted the Planning Commission had recommended approval at their December 13, 1971 meeting. Council concurred. MOTION, SECONDED AND CARRIED: Councilman Davey moved, seconded by Grabowsk' and carried unanimously that the variance for R. S. Hubbard (V361-71) for re- duction of side setback from 30' to 26' for construction of a swimming pool be approved. SCHEDULED ITEM NO. 3: BUILDING SITE APPROVAL (BSA -71-71) BASSETT LANE ASSOCIATES - 1 lot, 2.214x. corner of Peck and Rhus Ridge Road. Engr. Geo. S. Nolte. Staff reviewed this request for building site approval which was for a lot i. Tract 2309 that was originally approved by the Council on April 20, 1959. It was noted that the Planning Commission had recommended its approval and the check list was reviewed. Council concurred with the recommendation but upon applicants request waived the Park -in -Lieu fees. Notation was made of the applicant's recent generous 5 -acre dedication along Adobe Creek at the time the Rhus Ridge subdivision was approved. -2- Irr NOTION, SECONDED AND CARRIED: Councilman Davey moved, seconded by Helgessm, that the request for Building Site Approval of Bassett Lane Associates (BSA - 71 -71) be approved in accordance with the check list as amended December 20, 1971, carried by the following roll call vote. Ayes: Councilmen Corbett, Davey, Helgesson and Mayor Benson. Noes: Grabowski, SCHEDULEDITEM NO, 4: ACTION ON WIG LEGISLATIVE MATTERS - COUNCILMAN GRABOWSKI. Councilmen Grabowski requested and Council concurred to continue this item (discussion of Resolution #647) to January 17, 1972. UNSCMDUH,ED ITEM NO. 1: REPORT ON ACTIONS OF PLANNING COMMISSION RE: AMENDMENTS TO TOWN'S ZONING ORDINANCE NO. 78 FOR ANTENNA CONTROL. Staff presented a letter from Dr. R. C. Smithwick, Chairman of the Antenna Committee, which had been prepared in response to the six objections to the Committee's proposed ordinance governing antennas that were expressed by the Planning Commission. Staff also reviewed the referenced camments expressed by the Planning Commission at their public hearing held November 22, 1971. Council discussion ensued with floor participation from Mr/Mrs. B. J. Georgia; LMessrs: N. Gordon, W. Wegener; A. M. Laws, and Mies. D. Miller and N. No- Ilwraith. The Council concurred that the Planning Commission should be allowed to review Dr. Smithwickls comments, and perhaps through a meeting of the minds convince the Committee to study their suggestions seriously with the intent of modifying the ordinance draft so that the Planning Commission could find it acceptable for recommendation to the Council. UNSCHEDULED ITEM NO. 2: RBFORr FROM PLANNING COMMISSION ON REQUEST TO ABANDON PORTIONS OF EQUESTRIAN TRAIL BASEMENTS IN RHUS RIDGE RANCHO SUBDIVISION. Staff reviewed the December 13, 1971 public hearing held by the Planning Commission, when they recommended abandonment of a portion of the 601 wide equestrian trail easement along the east side of the Rhus Ridge subdivi- sion as requested by Mr, Dan Dana, applicant. Council concurred to set a public hearing for January 17, 1971 to consider abandonment of a portion of this 601 wide trail easement. UNSCHHDULED Ir NO. 3: BYRNB PR RES RVE - DISCUSSION, Staff reviewed that the Pathway Committee had made several recommendations at the last Council meeting regarding the lease of Byrne Preserve for pastur- ing horses. Mr. Fritschle noted that he had earlier been requested by the Council to negotiate with all interested parties to arrive at the most desir- able lease arrangement. He stated that the current leasee, Mr. R. Thomas, as well as Altamont Stables had indicated their interest, but neither had yet proposed terms they considered acceptable. -3- Mr, Birch Jones, 27240 Altamont Road advised Baroness Bessenyey, owner of Altamont Stables would be interested in a five-year lease for pasturing their ^uarter horses, and if the Town desired a fenced 201 wide corridor from ihw Altamont to Central Drive, parallel to the existing fence, that they would install and maintain this fence as part of the lease agreement. Council discussion ensued with additional floor comments heard from Pathway Committee Chairman M. Saviano, Mr, David Jones, Mrs, P. Standring, and Mr/Mrs, Chas. Gieseler. Discussion evolved around the restriction of resident -4 access to Byrne Preserve; a corridor being an attractive nuisance for motorcyclists; and potential danger of residents allowed to eater areas where horses are pastured. UNSCHEDUL� ITEM N0. 4: PRESBNTATIW OF A061T FOR FISCAL YEAR 1970-71. The City Manager highlighted the FY 1970-71 Audit stating General Fund ex- penditures were $219,264 while revenue amounted to $231,063, Although General Fund revenue exceeded expenditures he noted that due to the loan to the over - expended Land Acquisition Funds actual General Fund cash on hand had been reduced, Mr. Fritschle reiterated his feelings that the General Fund Reserve has been below the desired level of $100,000 for many years and he again urged serious consideration be given to attainment of this goal. STAFF REPORTS: 1, City Attorney reported on action intended by Counsel regarding the settle= went of the Harris suit against the Town over a drainage situation and kar the Council consurred. 2, City Attorney stated that he and the City Manager had met with the Puri- ssima Water District and discussed such topics as tank sites and locations, repairs for damage and other items of common interest. Regarding the Mt. Helen tank site, Mr. Faisant noted that the Town does not have zoning Power over district storage facilities but they intend to cooperate with the Towns wishes. Councilman Davey inquired as to whether an Environ- mental Impact Study could not be undertaken re: the Mt. Helen Tank Site. Staff will investigate. 3. Mr. Faisant stated that he had not received confirmation of the February 13th 1971 date indicated in the local papers regarding the Confederation de la Raza suit. PRESENTATIONS FROM THE FLOOR: 1. Brief comments regarding proposed Resolution 647 were heard from Mrs, J. M. Eastman and Mr. Lovell Smith of the Sierra Club. Council discussion noted that since this item had been continued to January 17th, that comments should be deferred until that time. 2. Mrs. D. Miller expressed displeasure that her proposal to reorganize the Planning Commission and establish a Variance Review Board had not been placed on the agenda for dis ussio:. She also urged the Council that they abide with Former Mayor Aikens policy of not allowing personal attacks against individuals or Council members within the Council chambers. Councilman Grab- owski agreed, noting that Ordinance 171 requires a motion and majority vote of the Council before any communication is read aloud, and suggested compliance with the Ordinance might expedite Council meeting discussions, payor Benson stated he felt he was being fair to all by allowing everyone to be heard. -4- RESOLUTIONS: 1. Resolution No. 647, commending Senator Clark L. Bradley. Council concurred with Councilman Grabowski -Is request to continue this item to January 17, 1972. 2. Resolution No. 648 - abondoning certain pathway easements in Rosehill Estates No. 1. (See minutes of 12/6/71- scheduled Item No. 3). The City Attorney introduced and read in entirety, Resolution No. 648, a resolution of the City Council of the Town of Los Altos Hills abandoning Certain Pathway Easements. MOTION, SECONDED AMID CARRIED: Councilman Helgesson moved, seconded by Corbett that Resolution No. 648 be adopted was carried by the following roll call vote. Ayes: Councilman Corbett, Grabowski, Helgesson and Mayor Benson. Noes: Councilman Davey. ORDINANCES: 1. Ordinance No. 191, Second Reading, rezoning Certain Lands to O.S.R. (Open Space Reserve). The City Attorney introduced and read the title of Ordinance No. 191, an Ord- inance of the Town of Los Altos Hills amending the Los Altos Hills Municipal Code by rezoning certain portions of the Town from Residential -Agricultural District to Open Space Reserve District. MOTION, SECONDED AND CARRIED: Councilman Helgesson moved, seconded by Corbett and carried unanimously by roll call vote that further reading of Ordinance No. 191 be waived. MOTION, SECONDED AND CARRIED: Councilman Helgesson moved, seconded by Corbett and carried unanimously by roll call vote that Ordinance No. 191 be adopted. 2. Ordinance No. 192 First Reading, an ordinance amending Ord. #87 by increasing the speed limit on a portion of Purissima Road from 25 to 35 mph, and reducing from 35 to 25 mph on El Monte. Staff reviewed that this Ordinance had been recommended to the Council by the Traffic and Public Safety Committee, The City Attorney introduced and read the title of Ordinance No, 192, an Ordinance of the Town of Los Altos Hills amending the Los Altos Hills municipa code by changing the speed limit on El Monte Road from 35 miles per hour to 25 miles per hour and by changing the speed limit on Purissima Road between Arastradero Road and Elena Road from 25 miles per hour to 35 miles per hour. MOTION, SECONDED AND CARRIED: Councilman Helgesson moved, seconded by Corbett and carried unanimously by roll call vote that further reading of Ordinance No. 192 be waived. `• Ordinance No. 193, First Reading, abandoning Certain Pathway Easements in Rosehill Estates #1 Subdivision. This action did not require an Ordinance. See Resolution No. 648, above. -5- WARRANTS: MOTION, SECONDED AND CARRIED: Councilman Helgesson moved, seconded by Grabowski, and carried by unanimous roll call vote that the warrants as pre- sented in the amount of THIRTY TWO THOUSAND EIGHT HUNDRED THIRTY NINE DOLLARS and sixty nine cents ($32,839.69) be approved and the City Clerk authorised to draw the appropriate warrants. ADJOURNMENT: Mayor Benson adjourned the meeting at 10:30 P.M. to a REGULAR MEETING: Monday, January 17, 1972 at 7:45 P.M. at Town Hall. (The next regular meeting on Monday, January 3, 1972 was cancelled, due to lack of a quorum available over the holidays) TJK/dq Respectfully submitted, ��J`: KL HIlA! City Clerk Town of Los Altos Hills -6-