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HomeMy WebLinkAbout05/18/1970CITY COUNCIL TOWN OF LOS ALTOS HILLS kw MINUTES OF A REGULAR MEETING May 18, 1970 REEL 26 - SIDE 2, TRACK 4 -- FOOTAGE 00-1340 REEL 26 - SIDE 1, TRACK 3 -- FOOTAGE 00- 287 Mayor Walter A. Benson called the Regular Meeting of the City Council of the Town of Los Altos Hills to order at 7:50 P. M. in the Council Chambers of the Town Hall, 26379 Fremont Road, Los Altos Hills, with the following members answering =11 call: Present: Councilmen Aiken, Davey, Grabowski, Helgesson and Mayor Benson. Absent: None. PLANNING COM.UISSION REPRESENTATIVE: Commissioner A. H. Lachenbruch APPROVAL OF MINUTES: April 21. 1970 Councilman Helgesson moved, seconded by Grabowski and carried unanimously, that the Minutes of April 21, 1970 be approved as submitted. May 4� , 1970 GW Councilman Helgesson moved, seconded by Aiken and carried unanimously, that the Minutes of May 4, 1970 be approved with the following corrections: Page 2, insert the word "not" between "should be" in the second paragraph of Scheduled Item #1; Page 4, under Unscheduled Item #4, paragraph 2, change date from "June 1, 1970" to read "May 18, 197011; Page 5, under Unscheduled Item #6, paragraph 2, correct the spelling of Mrs. "Olgiatti's" name. COMMUNICATIONSt 1. The May, 1970 Santa Clara Valley Plans Newsletter reports on a Pennsylvania Supreme Court ruling of February 13 against a Town excluding multi -family housing. If following Council review, they so direct, Staff will agenda. 2. South Bay Conservationists have formed a coalition supporting AB1400, which proposes to establish a commission to study and report to the legislature in 1972 how two-thirds of the Bay Area now in farms, woods, watershed, grazing land, flood plain, marshes and coastline can be retained in open spaces. Staff will not agenda for discussion unless directed by Council. 3. Letter from Santa Clara County Flood Control District requesting action against removal of the Campbell sewer line be renewed. Staff to agenda for next Council meeting. 4. Letter from Los Altos News requesting formal written 24-hour notice of all meetings. Staff directed to comply with this request. AW COMMUNICATIONS cont'd.: 5. Letter from Mrs. Elizabeth Dana, 26874 Moody Road, requesting considers - 5 tion for an ordinance restricting the cutting of trees. MOTION, SECONDED AND CARRIED: Councilman Grabowsi moved, seconded by Helgesson and carried unanimously, that this subject be referred to the Tree Committee for study and that they recommend their findings to Staff in time for the June 15th Agenda. From the Floor, Mrs, D. A. Miller, 13076 Vista del Valle Court, stated the City Attorney had several ordinances from other communities on this subject and felt an ordinance directed towards this end and applicable to new sub- divisions would be desirable. 6. Protest letter from Mr. Richard B. Oliver, 2449 Border Road, Los Altos, objecting to drainage fees in connection with his building site. City Attorney will review this matter with Mr. Oliver. 7. Planning Policy Committee Minutes of April 23, 1970 reporting on Baylands Study Progress. B. Letter from Mr. Charles R. Garbett, 13906 Page Mill Road, calling attention to the dangerous traffic conditions on Page Mill Road just south and west of Arastradero Road and requested immediate attention and action. Thirty-one (31) neighbors and residents also signed the request. Council directed Staff to utilize appropriate warning signs and other traffic aids as required. 1. vJoint Staff report on the Housing Element Study will be presented June 1st at 7:00 P. M. in the San Jose Council Chambers. 2. The Joint Study Session of the Planning Commission will be held with Palo Alto on May 20, 1970. Councilman Helgesson and Commissioner Weisbart are to attend. 3. City Manager read a letter from Mr. Jack Kilburn, which included a drawing showing the details for his proposed retainer wall on Anacapa Drive. 4. Los Altos Hills Association will sponsor Sheriffs' Candidates Night at Fremont Hills School on May 19, 1970 at 8:00 P. M. 5. Notice of prehearing of Pacific Telephone's request for rate increases to be scheduled before the PUC on June 8 at 10:00 A. M. in the Commission Courtroom, 350 McAllister Street, San Francisco. SCHEDULED ITEM NO. 1: PUBLIC HEARING ON UNDERGROUND UTILITY DISTRICT NO. 1. City Manager stated the proposed underground utility district extended along each side of Fremont Road from Concepcion to St. Francis. There is one house located at the corner of St. Francis and Fremont that will have to convert from overhead service to underground service, belonging to Mr. Moulter. Following Council discussion, the subject was open to the public hearing. Mr. Moulter inquired as to the expense he may anticipate for this changeover. 4W Mr. Daniel Alexander, of Pacific Gas & Electric Co., estimated $150 to $200 -2- SCHEDULED ITEM NO. 1 - Underground Utility Dist. cont'd.: to change the entry box and that since their ditching equipment would be available, P. G. & E. would do the ditching required on Mr. Moulter's property at cost. Mr. Moulter was agreeable to this arrangement. There being no further discussion, the public hearing was closed at 8:15 P. M, and Council agreed to hear the resolution establishing this underground district under RESOLUTIONS later in the agenda. SCHEDULED ITEM NO. 2: PUBLIC HEARING ON PROPOSED AMENDMENTS TO THE ZONING ORDINANCE. City Manager reviewed that this hearing was to consider the amendment to the Zoning Ordinance, adding the use "convent" to the permitted uses in Section 5:30 b of Ordinance No. 76. It would also then define "convent". It was explained that the change was necessary to allow consideration of a Use Permit for the Daughters of Charity. The subject was then opened to the public hearing and Floor speakers included: Mr, A, M, Laws, 11210 Hooper Lane, Mr, Charles R, Garbett, Mrs, Donald E, Spencer, 27490 Sherlock Road, and Mr. G. Ferrari, 25800 Altamont Road. Discussion concerned whether the 3.5 density formula should be included in the ordinance; whether it could be twisted to a commercial application; the resultant tax status of the Daughters of Charity property for which this zoning amendment was initiated; and the need for updating the zoning ordinance, since a similar situation - St. Nicholas - currently existed within the Town. City Manager read a letter from the Los Altos Hills Association requesting this change be given thorough and careful consideration, lest a precedent be set detrimental to the Town. Council discussion concluded a loophole existed in the current ordinance and that the wording of the revision had been carefully reviewed and as presented was the best possible protection to the Town's zoning policy and yet could allow the consideration of the proposed Use Permit by the Daughters of Charity. There being no further discussion, the hearing was closed at 9:00 P. M. and the Council agreed to hear the First Reading of the proposed change to Ordinance No, 78 under ORDINANCES later in the agenda. SCHEDULED ITEM NO. 3: PROPOSED NEW METHOD OF NOISE MEASUREMENT. Councilman Aiken reviewed the problems of noise measurement and the dif:=iculty of meter calibration necessary for certification to meet legal requirements,and proposed a new method of noise measurement to help determine when a noise source can be declared a nuisance. Instead of saying an objectional noise is so many decibels loud, he proposed it be measured against ambient noise. Thus at night, e.g., a daytime noise would obviously be louder and more annoying than the same noise drowned out by other daytime sounds. Follcxing his presentation, which included the exhibit of the proposed measuring device which cost approximately $40.00 and was about the size of a home movie camera, Council concurred his proposal worthy of consideration. Speaking from the Floor: Mrs. Harold L. Schick, 26400 Weston Road. -3- SCHEDULED ITEM NO. 3: Noise measurement cont'd.: f MOTION, SECONDED AND CARRIED: Councilman Grabowski moved, seconded by Helgesson and carried by majority voice vote, that this device be named and referred to as the "Aiken Decibel Determination Method", Councilman Aiken voting No. MOTION, SECONDED AND CARRIED: Councilman Aiken moved, seconded by Grabowski and carried unanimously, that this matter be referred to the Noise Abatement Committee with the request they study it in detail and make a recommendation to the Council, after which it would be proper for the Council to refer it to the Planning Commission for public hearings. UNSCHEDULED ITEM Nom: APPROVAL OF RHPORT DATED MARCH 20, 1970 FROM THE NOISE ABATEMENT CCMMITTEE AND REQUEST FOR PERMISSION TO CIRCULATE SAME. City Manager reviewed that this report was submitted to the Council for approval of distribution at the last meeting, but to allow more time for their review, it was carried over. It was suggested that if the report is approved by the Council for distribution, that it be sent out with a cover letter from the City Council to add an official note to the report and indicate the Town's endorsement. A letter from Mr. Don Miller, Chairman of the Noise Abatement Committee, suggested the report be mailed out under a cover letter signed by the Committee Chairman to "working equivalents" and that it be sent out to official governmental bodies with a cover letter signed by the Mayor. �I MOTION, SECONDED AND CARRIED: Councilman Grabowski moved, seconded by Aiken and carried unanimously, that the "Progress Through Perseverance" report prepared by the Los Altos Hills Noise Abatement Committee be accepted and approved for circulation as a document of historical significance, with the exception of Page 14; and further, that Page 14 of such document entitled "Conclusion" be adopted as the official position of the Town, except for the following amendment: insert in the second sentence of Page 14 the words "through the Town", so that it reads, "We do, however, through the Town hope to bring to bear those forces which will cause various agencies to implement their responsibilities in this respect." Council concurred that as an official Town report, it should be transmitted under a cover letter signed by the Mayor and that this cover letter would indicate that Page 14, as amended, would be the official Town policy. Mr. D. A. Miller, Chairman of the Noise Abatement Committee, spoke from the Floor. UNSCHEDULED ITEM NO. 2: LAIRS OF MC FARLANO 370-70) 7 lots, La Paloma Road. Engr. M. Wolff. City Manager stated Mr. McFarland is asking for a slight amendment in his Tentative Map, which was originally approved by the Planning Commission on April 13, 1970 and by the City Council on April 20, 1970. The revision is to relocate a private road off La Paloma to a less hazardous location, and Staff recommended no change to the original Check List. t MOTION, SECONDED AND CARRIED: Councilman Helgesson moved, seconded by Aiken and carried unanimously that the revision as noted above on the Tentative Map of McFarland (370-70) be approved, subject to the Original Check List dated April 13, 1970. _4_ 4 UNSCHEDULED ITEM NO. 3: SCHULLER, MAX J. (V-341-70) Request for 161 reduction in side setback line to 14' for bath house at 26948 Beatrice Lane. City Manager stated the Planning Commission recommended that this variance be granted, due to the configuration of the lot, since there appeared to be no other reasonable location for the bath house. MOTION, SECONDED AND CARRIED: Councilman Davey moved, seconded by Helgesson and carried unanimously, that the variance request of Max J. Schuller (V-341-70) for 161 reduction in side setback line to 141 for bath house at 26948 Beatrice Lane be approved. UNSCHEDULED ITEM NO. 4: REQUEST FOR ONE YEAR EXTENSION FOR FILING FINAL MAP OF FRANC MARTINELLI, SR. (334-67). Staff reported Mr. Martinelli has the opportunity of having his Tentative extended for one year under current law and recommended this request be granted. MOTION, SECONDED AND CARRIED: Councilman Aiken moved, seconded by Davey and carried unanimously, that the request of Frank Martinelli, Sr. for extension of one year to June 16, 1971 for filing Final Map (334-67) be approved. 4W UNSCHEDULED ITEM NO. 5: REPORT ON RECREATION PROGRAM AT PURISSIMA SCHOOL AND RBQUBST FOR TOWN CONTRIBUTION OF. $1,000.00. 40 City Manager stated the City Council agreed in February of 1969 to participate with the Los Altos City Recreation Program at the Purissima School. It was agreed that we would contribute $1,000 toward this program and a bill has now been submitted for our contribution. MOTION, SECONDED AND CARRIED: Councilman Aiken moved, seconded by Helgesson and carried unanimously by roll call vote, that the Tom allocate $1,000.00 to the City of Los Altos for the summer recreation program at the Purissima School. UNSCHEDULED ITEM NO. 6: CONSIDERATION OF ORDINANCE DEALING WITH (1) FILING OF CLAIMS AGAINST THE TWIN, (2) BOND FOR PUBLIC OFFICIALS, (3) COUNCIL PROCEDURES, (4) SUBDIVISION PROCEDURES, AND (5) REPEALING UNNECESSARY ORDINANCES. Staff reported they had been working with Mr. Allan Grimes, of California Code Service, to get our ordinances codified. This ordinance had been recommended by Mr. Grimes to comply with certain State laws and to remove several unnecessary ordinances. Council discussion ensued and suggested changes were provided the City Attorney for incorporation into the proposed ordinance. (First Reading was held under ORDINANCES later in the agenda. -5- 06 UNSCHEDULED ITEM NO. 7: APPOINTMENT OF OFFICIAL TOWN HISTORIAN. Staff advised the Council that Mr. George Pfeiffer, III, of 26970 Orchard Hill Lane, had resigned as Town Historian because his business commitments prevented him from properly fulfilling the duties of this appointment. MOTION, SECONDED AND CARRIED: Councilman Aiken moved, seconded by Helgesson and carried unanimously, that the official position of Town Historian be established for a term of four years. MOTION, SECONDED AND CARRIED: Councilman Aiken moved, seconded by Helgesson and carried unanimously, that Mrs. Florence Fava, 26691 Moody Road, be appointed to the official position of Town Historian for a term of four years to May 189 1974. Speaking from the Floor were Mrs. Florence Fava, who extended her apprecia- tion to the Council for the appointment, and Mrs. Donald Spencer, who complimented the Council in the selection of Mrs. Fava and lauded her dedication to this effort. UNSCHEDULED ITEM NO. 8: APPOINTMENT OF COUNCIL TO ICC, FLOOD CONTROL. Councilman Leslie A. Helgesson was appointed to represent the Council at Inter -City Council and Santa Clara County Flood Control meetings. UNSCHEDULED ITEM NO. 9: REQUEST FOR PERMISSION TO EXECUTE A CONTRACT WITH THE DEPARTMENT OF FINANCE FOR A POPULATION ESTIMATE. City Manager reported the State Department of Finance had been making popula- tion estimates on an annual basis for several years and have indicated that Los Altos Hills has gained 175 people in -the last year. Council was asked to execute a contract with them, whereby they will pay to certify this increase which will provide us with an additional $2,600.00 of in -lieu money for the Fiscal Year 1970-71. The cost of this certification is $175.00. Council discussion concurred that Staff's recommendation was desirable. MOTION, SECONDED AMID CARRIED: Councilman Helgesson moved, seconded by Aiken and carried by unanimous roll call vote, that the Town execute a contract with Department of Finance for a population estimate and allocate $175.00 to pay the cost of this certification. UNSCHEDULED ITEM NO. 10: REPORT AMID CONSIDERATION OF SECURITY PATROL SERVICES. City Manager summarized the activities of the security patrol for the three months contracted, and noted this service expires May 22nd. Staff also stated that the Law Enforcement Committee did not recommend approval beyond May 22nd and the determination whether to continue this service was requested. Council discussion ensued. Councilman Davey felt these funds were better spent providing professional law enforcement. Councilmen Aiken, Helgesson, and Grabowski pointed out that the security patrol provided more patrol for the dollar expended, that their appearance in the area was a valuable `, deterrent to potential law breakers and that as any citizen, they could make citizens' arrest, if necessary. -6- UNSCHEDULED ITEM NO. 10: Security Patrol Services cont'd.: Speaking from the Floor were: Mr. Robert C. Cheney, 10737 Magdalena Road, Mrs. F. Fava, Mrs. Harold Schick, Mr. Ken Young, Law Enforcement Chairman, Mr. A. M. Laws, and Mrs. M. Saviano, Pathway Committee Chairman. MOTION, SECONDED AND CARRIED: Councilman Aiken moved, seconded by Grabowski, to continue contracting with Wells Fargo Security Guard Services until the end of the Fiscal Year. The Motion was carried by majority roll call vote: Ayes: Councilmen Aiken, Grabowski, Helgesson, Mayor Benson, Noes: Councilman Davey. Absent: None. UNSCHEDULED ITEM NO. 11: CONSIDERATION OF AN ORDINANCE TO CONTROL PLANTINGS WHICH OBSTRUCT PUBLIC PATHS. City Manager stated there are many locations in Town adjacent to our public paths where plantings have been allowed to grow out over the paths, making them unuseable. Staff recommended that the Town adopt an ordinance which would require every property owner to control such plantings so they would not encroach upon Town paths. From the Floor, Mrs. M. Saviano stated,in addition, residents consistently put up man-made obstacles in the path right-of-way and that they should also be required to remove them, as well as trim along side the path right- of-way. Council concurred that the matter be referred to the Planning Commission 4V for study and make recommendations to Council for action. UNSCHEDULED ITEM NO. 12: PRESENTATICH OF 1970-71 BUDGET. The First Draft of the 1970-71 Budget was presented and briefly summarized by the City Manager. Limited discussion was held pending in depth study by the Council. The budget discussion will be agended for the Regular June 1st meeting. STAFF REPORTS: City Manager reported on a communication from Mr. Donald A. Miller, Chairman of the Noise Abatement Committee, referring to a newspaper article that they had been delinquent in not issuing agendas and minutes. There was also a referral to the Law Enforcement Committee in this same article, but Staff stated neither of these Committees were guilty of these charges. PRESENTATIONS FROM THE FLOOR: Mr. T. Gamboa requested that the Town release his funds held for improvement bonds as the bills for septic tanks were presented to him. Following City Attorney's recommendations, Council reiterated their decision of April 20, 1970 that Mr. Gamboa first present letters from the four property owners agreeing to release the Town of all obligations that the four lots be connected to a sanitary sewer. RESOLUTIONS• 1. Resolution No. 598, Underground Utility District No. 1. City Attorney introduced and read in its entirety Resolution No. 598, a resolution of the City Council of the Town of Los Altos Hills establishing Underground Utility District No. 1. MOTION, SECONDED AND CARRIED: Councilman Helgesson moved, seconded by Aiken and carried by unanimous roll call vote, that Resolution No. 598 be adopted as read. ORDINANCES: 1. Ordinance No. 171, First Reading. (Discussion of this ordinance appears under Unscheduled Item No. 6 on Page 5.) City Attorney read the title of Ordinance No. 171, an ordinance of the Town of Los Altos Hills establishing provisions for filing of claims against the Town, Bond for public officials, Council procedures, subdivision procedures, and repealing unnecessary ordinances. MOTION, SECONDED AND CARRIED: Councilman Aiken moved, seconded by Helgesson and carried unanimously by roll call vote, that further reading of Ordinance No. 171 be waived. 2. Ordinance No. 172, First Reading, amending Ord. No. 78. (As discussed above under Scheduled Item No. 2, this ordinance would amend our Zoning Ordinance to provide for convent use.) 4W City Attorney read the title of Ordinance No. 172, an Ordinance of the Town of Los Altos Hills amending Ordinance No. 78 providing for convent use and establishing regulations therefor. MOTION, SECONDED AND CARRIED: Councilman Aiken moved, seconded by Helgesson and carried unanimously by roll call vote, that further reading of Ordinance No. 172 be waived. WARRANTS: MOTION, SECONDED AND CARRIED: Councilman Helgesson moved, seconded by Aiken and carried unanimously by roll call vote, that the warrants as presented in the amount of 1WENTY-SIX THOUSAND, TWO HUNDRED SIXTEEN DOLLARS and Ninety- eight Cents ($26,216.98) be approved and the City Clerk authorized to draw the appropriate warrants. OTHER BUSINESS BY COUNCILMEN: Council requested Staff to provide file space for the Town Historian. ADJOURNMENT: There being no further business, Mayor Benson adjourned the meeting at 12:18 A. M. to: NEXT REGULAR MEETING: Monday, June 1, 1970 at 7:45 P. M. at Town Hall. TJK/mam-5/18/70 ME 7/4pectful y bmitt d, City Clerk Town of Los Altos Hills