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HomeMy WebLinkAbout04/20/1970CITY COUNCIL TOWN OF LOS ALTOS HILLS MINUTES OF A REGULAR MEETING April 20, 1970 RBEL 26, SIDE 2 - TRACK 3 -- FOOTAGE 00-950 Mayor Wm. Ross Aiken called the Regular Meeting of the City Council of the Town of Los Altos Hills to order at 7:53 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 Benson, Davey, Helgesson and Mayor Aiken. Absent: Councilman Fowle, PLANNING COMMISSION REPRESENTATIVE: Commissioner T. McReynolds APPROVAL OF MINUTES: April 6, 1970. Councilman Helgesson moved, seconded by Benson and carried unanimously, that the Minutes of April 6. 1970 be approved as submitted. 1. Santa Clara County Planning Policy Committee, asking if the Town wishes to continue participation on the Committee re the County Housing Element. Council concurred. 2. Santa Clara County United Fund advising of approved campaigns. 4r 3. W. T. Samuelson, 1OBGO Magdalena Road, regarding tree damage resulting from drainage work. 4. ABAG request to re -appoint Town Council representative. Staff was directed to agenda this for May 4th meeting. ANNOUNCEMENTS: 1. City Manager requested discussion of Staff salaries for the 1970-1971 fiscal year budget at the May 4th meeting, and proposed that the first draft of the 1970-71 budget be presented at the May 18th meeting. Council concurred. SCHEDULED ITEM NO. 1• DISCUSSION ON AMBW1RRNT TO ZONING ORDINANCE. Staff reviewed this matter and advised the Council that after discussion, if so desired, a Public Hearing should be set for the May 4th meeting. Speaking from the Floor were, Messrs. G. Ferrari, 25800 Altamont Road, and A. M. Laws, 11210 Hooper Lane, MOTION, SECONDED, AND CARRIED: Councilman Benson moved, seconded by Davey, that a Public Hearing be set for May 18, 1970 at 8:00 P. M. to determine whether the Zoning Ordinance, No. 78, should be amended to include Section 5:30 b of Ordinance No. 149 and Section 2:0 of Ordinance No. 78 (adding "convent"), was carried by majority roll call vote, Councilman Fowls absent. 16 UNSCHEDULED ITEM NO. 1: LA C MC FARLAND (370-70) Tentative Map: 7 lots, La Paloma. Engr. M. Wolff. Staff noted Planning Commission approval of the McFarland Tentative Map, subject to the conditions of the Check List and Conditional Exception to permit existing septic system on Lot #7. MOTION, SECONDED AND CARRIED: Councilman Helgesson moved, seconded by Benson and carried unanimously, that the Tentative Map of Lands of McFarland (370-70) 7 lots, La Paloma Road, be approved, subject to the conditions of the Check List. SCHEDULED ITEM NO. 2: REQUEST FROM PALO ALTO FOR SUPPORT OF A PARK DISTRICT (Reference: Letter dated 3/26/70 from Mayor Arnold of Palo Alto to Mayor Aiken). City Manager reviewed referenced letter which requested a statement of interest from the Town to join with other jurisdictions in the area in establishing a sub -regional, bi-county, Bay region, or regional special district for the purpose of acquiring certain lands as an open space preserve. Maps outlining the proposed area were attached. In order for the Town to assess support of a special park district, with the purpose of acquiring land for open space, answers to the following questions were requested: 1. Does the Town favor preservation of the open space in the foothills area designated on the map? 2. Does the Town favor formation of a special district for the above stated purpose? 3. Would the Town be willing to tax itself approximately .050 per $100.00 of assessed valuation for this purpose? Council discussion ensued as to the obvious desirability of the plan, but that approval of a tax increase to accomplish this should be delayed pending a more positive "feel" of the willingness on the part of the Town's residents to accept this increased assessment. Floor participation included comments from Mrs. Nonetta Hanko, Chairman of the Palo Alto Civic League; Donald Spencer, 27490 Sherlock Road; Wallace Stegner, 13456 Three Forks [ane; Mr. and Mrs. H. Royden, 13466 Three Forks Lane; Dr, Stacey French, 11927 Rhus Ridge Road; and Mrs. D. Miller, 13076 Vista del Valle Court. MOTION, SECONDED AND CARRIED: Councilman Benson moved, seconded by Helgesson and carried by majority voice vote, Councilman Fowle absent, that essentially the Town of Los Altos Hills is in agreement with Questions #1 and #2, except that "open space" referred to in #1 not be limited (as indicated) but broadened to the entire area and that the words "open space be defined to assure that all jurisdictions are in complete understanding of the intent; as to Question #3, without a vote of the Town, the City Council is not in a position to answer for a tax increase. -2- SCHEDULED ITEM NO. 3: CONSIDERATION OF AN ORDINANCE TO PROTECT PUBLIC LANDS IN LOS ALTOS HILLS. City Manager reviewed the proposed subject ordinance and, following Council discussion, the subject was opened to the Floor. Speaking were Messrs. S. French and H. Royden. MOTION, SECONDED AND CARRIED: Councilman Helgesson moved, seconded by Benson and carried unanimously, that such an ordinance is desired and that a First Reading be held. City Attorney introduced and read the title of Ordinance No. 168, an ordinance of the City Council of the Town of Los Altos Hills, prohibiting certain acts within the limits of parks, preserves or other public areas and providing for penalties for violation. MOTION, SECONDED AND CARRIED: Councilman Benson moved, seconded by Helgesson, that further reading of Ordinance No. 168 be waived, was carried by unaniuous - roll call vote, Councilman Fowls absent. UNSCHEDULED ITEM NO. 2: TENTATIVE MAP CF VANDERVEER VOORHEES (365-69) 4 lots, E1 Monte Road, Engr. E. H. Smith. City Manager stated this request,which had previously been before the Council, had been referred back to the Planning Commission for further study of the path location and the access to E1 Monte from Voorhees Drive. Lhr Having reconsidered these problem areas at its April 13th meeting, the Planning Commission recommended that the pathway is to follow Voorhees Drive and is to serve the subdivision only. The access from Voorhees Drive on to El Monte is to be improved at a time when further subdivision is made which uses Voorhees Drive for access. A plan has been submitted and is on file for the improvement of Voorhees Drive and a document will be recorded which will put each owner of land in the Voorhees Subdivision on notice that there will be some obligation on their part to participate in this future change in Voorhees Drive. Additional Conditions and Conditional Exceptions on the approved 4/13/70 Check List are spelled out in the Planning Commission Minutes of 4/13/70. Council discussion ensued, with Floor participation by Mr. Richard Zeh, representing the Roman Catholic Church, who objected to recordation of any document against the Church property, referring to letter dated April 20, 1970 from Mr. James T. Danaher, Counsel for the Roman Catholic Church, City Attorney assured Mr. Zeh that this matter could be clarified and resolved through communication with Mr. Danaher. MOTION, SECONDED AND CARRIED: Councilman Helgesson moved, seconded by Benson and carried unanimously, that the Tentative Map of Vanderveer Voorhees (365-69) 4 lots, E1 Monte Road, be approved, subject to the conditions of the Check List dated 4/13/70. Clarification of the Roman Catholic Church's objection is also a condition of this approval. -3- UNSCHEDULED ITEM NO. 4: ACTION ON C Y'S APPLICATION FOR THE RECOGNITION OF A LOCAL COMMUNITY ` ACTION PROGRAM. City Manager advised that Santa Clara County Board of Supervisors has applied to be the Local Community Action Agency under Section 210A of the Equal Opportunity Act. Council concurred the Board of Supervisors would be the appropriate agent and, therefore, no action was taken. UNSCHEDULED ITEM NO. 5: DISCUSSION ON GUIDELINES FOR DESIGN REVIEW. Reference: Letter dated 3/19/70 from C. S. Rankin, President of Santa Clara Valley Chapter of American Institute of Architects (AIA), with attached document entitled "Guidelines for Design Review". City Manager stated the above referenced letter requests that the AIA assist the Town in developing procedures for architectural review of all new and possibly painting of old buildings within Los Altos Hills. Following discussion, Council unanimously concurred that such establishment of criteria by an outside design review committee was not desired. UNSCHEDULED ITEM NO. 6: NOTICE OF COMPLETION FOR GAS TAX PROJECT #22. City Manager reported that the Concepcion and Altamont Road projects had been completed, with the exception of some minor cleanup yet to be done by the sub -contractor Bahr & Ledoyen, Inc. The remaining work pertained to ` replacing a section of Concepcion that would remain too wet to complete prior to late summer. City Manager recommended acceptance of the job so that funds could be released and that an amount of $2,000.00 be withheld, pending final completion. MOTION, SECONDED AND CARRIED: Councilman Helgesson moved, seconded by Davey, that Gas Tax Project #22 be accepted; that the City Clerk file with the Office of the County Recorder a Notice of Completion by the City Engineer; and, that $2,G00.00 be held by the Town until the remaining work has been corrected to the satisfaction of the City Bngineer, was carried by unanimous roll call vote, Councilman Fowle absent. UNSCMUXILED ITEM NO. 7: RECENT ACTION OF THE WATER QUALITY CONTROL BOARD. Staff explained that in view of actions taken by the San Francisco Water Quality Control Board at their recent hearings to determine if (1) all building should be stopped, and (2) pollution dischargers be cited for violation of Water Quality standards, that a concerted effort by the South Bay Dischargers Group (composed of each discharger in the South Bay Area) has been undertaken to recommend and encourage the Water Quality Control Board to review and study in detail the suggestions, questions and reasonable alternatives available, prior to taking any action which may jeopardize the welfare and well-being of the citizens of the South Bay communities. City Attorney recommended that a prepared resolution be adopted to help the Town maintain our sewer polity by permitting those people to connect to -4- UNSCHEDULED ITEM NO. 7: Water Quality Control Board cont'd.: a sewer either by necessity or desire and that in view of the i:itial hearing ` scheduled for April 23rd, passage of this resolution was desired. Following discussion, the majority of Council concurred that such a resolu- tion be adopted. SEE RESOLUTIONS, NO. 591. Councilman Helgesson was designated as the Town's representative at the 4/23 hearing. UNSCHEDULED ITEM NO. 8: CONSIDERATION OF REQUEST TO RELEASE THE SUBDIVIDER OF ROSEHILL ESTATES UNIT #2 FROM THE REQUIREMENT OF PROVIDING SANITARY SEWERS FOR FOUR LOTS. Since Mr. T. Gamboa was not present and that Staff had not received any releases from the concerned homeowners accepting septic tanks in lieu of sewers, and thus releasing the Town from the obligation of enforcing the sewers as indicated on the Tentative Map, this matter Was stricken from the Agenda. Action postponed until such time as the releases are available. UNSC=E LED ITEM NO. 9: PRESENTATION OF QUARTERLY FINANCIAL REPORT. City Manager reviewed the quarterly financial report, which itemized the expenditures by fund, for the period of 1/1/70 through 3/31/70. UNSCHEDULED ITEM NO. 10: CLAIM FOR PROPERTY DAMAGE FROM LEO KREBS. City Manager explained that Mr, and Mrs, Krebs, owners of Lot #11, Block M, Fremont Hills Unit #5, had presented a damage claim of $15,000 as a result of the Anacapa slide and recommended that the Council disapprove this claim. MOTION, SECONDED AND CARRIED: Councilman Davey moved, seconded by Helgesson, that the damage claim of Mr, and Mrs, Leo Krebs be denied, was carried unanimously by roll call vote, Councilman Fowle absent. STAFF REPORTS: 1. City Manager reported that Monte Sereno was reviewing our mini -bike ordinance, with the intent of proposing adoption of a similar ordinance and that in conversation with Los Altos and Los Gatos, that they also were looking into this problem in hopes of also finding a solution. 2. Councilman Davey stated the Noise Abatement Committee was reviewing our ordinance as to modification, based on perhaps an acceptable decibel count and that they will present their suggestion shortly for Council's considera- tion. UNSCHEDULED ITEM NO. 3: REQUEST FOR SUPPORT OF AB 908, which adds Part 18 entitled "Equalization of Utility Taxes" to Division 2 of the Revenue and Taxation Code. City Manager stated Assembly Bill 908 provides for government-owned utilities to pay a 14% excise tax on their gross revenues from retail sales. At the present time, government-owned utilities pay no taxes for the support 4 of schools. Some of them make in -lieu payments to the City which owns them. Mr. Dan Alexander, Manager of the Mountain View Office of Pacific Gas & Electric Co., was unable to attend and make a presentation and answer -5- UNSCHEDULED ITEM NO. 3: AB 908 cont'd.: questions, but Council discussion could proceed to consider passing a resolution supporting AB 908. Council discussion ensued as to the desirability of this proposed bill and agreed that the Town support passage of AB 908. MOTION, SECONDED AND CARRIED: Councilman Helgesson moved, seconded by Benson and carried by majority vote, Councilman Davey abstaining and Council- man Fowle absent, that the Town of Los Altos Hills support passage of AB 908. RESOLUTIONS: 1. Resolution No. 591, supporting statement of position of South Bay sewage dischargers. City Attorney introduced and read in its entirety Resolution No. 591, a resolution of the City Council of the Town of Los Altos Hills, endorsing and supporting statement of position of South Bay sewage dischargers to the San Francisco Bay Regional Water Quality Control Board. MOTION, SECONDED AND CARRIED: Councilman Benson moved, seconded by Helgesson, that Resolution No. 591 be adopted as read, was carried by the following majority roll call vote: Ayes: Councilmen Benson, Helgesson, Mayor Aiken. Noes: Councilman Davey. Absent: Councilman Fowle. tar2. Resolution No. 592, abandoning S.A.D. #6. City Attorney introduced and read in its entirety Resolution No. 592, a resolution of the City Council of the Town of Los Altos Hills, determining to abandon Improvement Project Sewer Assessment District No. 6. NOTION, SECONDED AND CARRIED: Councilman Benson moved, seconded by Helgesson, that Resolution No. 592 be adopted as read, was carried by majority roll call vote, Councilman Fowle absent. 3. Resolution No. 593, establishing Underground Utility District No. 1. City Attorney introduced and read in its entirety Resolution No. 593, a resolution of the City Council of the Town of Los Altos Hills establishing Underground Utlity District No. 1 (Fremont Road). MOTION, SECONDED AND CARRIED: Councilman Davey moved, seconded by Benson, that Resolution No. 593 be adopted as read, was carried by majority roll call vote, Councilman Fowle absent. 1. Ordinance No, 170, Emergency Oxd., re MMCP Area, extending moratorium to May 1, 1970. City Attorney intioduced'agd rea8:16,i.9s,entirety Ordinance No. 170, an ordinance of the Town of Los Altos Hills amending Ordinance No. 163 of said Town, as amended, and being an urgency measure effective immediately upon adoption. MOTION, SECONDED AND CARRIED: Councilman Helgesson moved, seconded by Benson, that Ordinance No. 170 be adopted as read, was carried by unanimous roll call vote, Councilman Fowle absent. IVIS OTHER BUSINESS BY COUNCILMEN: 1. Councilman Helgesson reported on Stanford Lands discussion. STAFF REPORTS cont'd.: 1. City Attorney stated that dispute over payment of appxurimaco�y $1,500 to the contractor for S.A.D. #5 requires that the matter be ageuded for the May 4th meeting. Council concurred to agenda this item. WARRANTS: MOTION, SECONDED AND CARRIED: Councilman Benson moved, seconded by Helgesson and carried unanimously by roll call vote, Councilman Fowle absent, that the warrants as presented in the amount of TWENTY-FOUR THOUSAND, ONE HUNDRED FIFTY-ONE DOLLARS and Ten Cents ($24,151.10) be approved and the City Clerk authorized to draw the appropriate warrants. ADJOURNMENT: There being no further business, Mayor Aiken adjourned the meeting at 11:05 P. M. TO: Respectfully submitted, TED J. VLEK City Clerk TJK/4/20/70 Town of Los Altos Hills mam _7_