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HomeMy WebLinkAbout08/17/1970CITY COUNCIL TOWN OF IAS ALTOS HILLS L MINUTES OF A REGULAR MEETING August 17, 1970 REEL 30 - SIDE 1, TRACK 1 -- FOOTAGE 00 - 750 Mayor Walter A. Benson called the Regular Meeting of the City Council of the Town of Los Altos Hills to order at 7:52 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 Aiken, Helgesson and Mayor Benson. Absent: Councilmen Davey and Grabowski. PLANNING COtMtISSION RBPRESENTATIVEs Commissioner William Perkins APPROVAL OF MINUTES: July 23, 1970. Councilman Helgesson moved, seconded by Benson and carried by majority vote that the Minutes of July 23s 1970 be approved as written, Councilman Aiken abstaining, since he was absent at that meeting. 1. Memo from Santa Clara County Board of supervisors advising our request ` for resurfacing of Foothill Expressway had been referred to the Public Works `, Department for study and a report is due in early September. 2. Memo from D. A. Miller, Chairman of the Noise Abatement Committee, responded to the Council's referral to study the mini+bike noise problem. It stated Ordinance No. 147 should be cancelled if noise control is its sole objective, since a noise standards ordinance - which would address all types of noise - would serve this purpose. It noted this ordinance was in prepara- tion and would soon be submitted to the City Council for consideration. Councilman Aiken noted the purpose of Ordinance No. 147 was much broader than solely noise control and that it should not be eliminated until some sub- stitute was provided. The Council's appreciation was expressed to the Committees but since the Committee had been requested to suggest an equitable solutions mutually acceptable, this recommendation to cancel the Town's protection could not be considered. MOTION, SECONDED AND CARRIED: Councilman Aiken moved, seconded by Helgesson and carried unanimouslys to direct Staff to refer this matter to the mini - bike committee to investigate methods whereby those riders and the Town could arrive at an equitable solution. 3. Staff reviewed a claim from C. B. Mathis for personal injuries received May 17, 1970 when his 1969 Fiat Convertible overturned on E1 Monte Roads east of Elena Road. MOTIONS SECONDED AND CARRIED. Councilman Aiken moveds seconded by Helgesson and carried unanimously, to deny the claim from C. E. Mathis and that it be 4 forwarded to the Town's insurance carrier. COMMUNICATIONS cont'd.: 4. Letter from Jauire Welsh. Scoutmaster of Troop 76, volunteering this Lipgroup's time for a community project. Staff was requested to transmit the Council's appreciation and it was suggested that perhaps this group's services could be utilized to erect badly needed path signs in the community. 5. Mrs. Ann Spencer submitted a list of over 290 persons offering to volunteer time for a community project, as well as specific groups offering to partici- pate in cleanup projects and tree planting. In addition, 6Ks. Spencer presented comments noted on the various questions in the Townwide questionnaire. In discussing disposition of the questionnaire, Council concurred that the Los Altos Hills Association retain possession of the questionnaire to protect the anonymity of those completing the questionnaire. Should substantial requests latex be received by the Town, other arrangements could be made, but present office space and files were already overcrowded. Mayor Benson noted letters of appreciation were being prepared to send out to all the individuals who had helped in tabulating the questionnaire results, 6. Letter from A. G. 1aart, developer of Parkside Estates, opposing passage of Ordinance No. 177. 7. Letter from Thomas Gamboa, of Arbor Development Co., requesting Council permission to authorize the City Clerk to send a letter to the suppliers of the pump and converter panel, advising them that payment for these items would be made upon receipt at the site out of the funds held in trust by the Town. Council concurred that action would have to be withheld, pending direction by the City Attorney. Staff was requested to communicate with Mr. Gamboa to remind him that he must submit an installation plan for approval. 1. Regional Water Quality Control Board will meet on August 271 1970 at 9:30 A. M. in the Hayward Council Chambers. SCHEDULED ITEM NO. l: PUBLIC HEARING RE: ADOPTION OF UNIFORM FIRE CODE. Mayor Benson opened the Public Hearing at 800 P. M. and announced that the Hearing was being continued to the September 8th Council meeting to allow further review. SCHEDULED ITEM NO. 2: AMENDED USE PERMIT FOR ROMAN CATHOLIC ORPHANAGE (UP -264..66) (Mt. Helen). Staff noted that a stipulation in the Use Permit for the Daughters of Charity Convent required that the acreage allocated for the Use Permit of the Roman Catholic Orphanage (Mt. Helen) be amended to reflect the reduction from the original 45.30 acres to the present 13.99 acres. Planning Commission had recommended to the Council an amendment to fulfill this purpose and a Staff review of the Use Permit assured usage was in compliance with the terms of the permit. This review is specified to be accomplished every three (3) years by Condition #2 of the original use permit. In their review, the Planning Commission recommended that this condition be amended to read "may" 40 instead of "shall" be reviewed every three years. In addition it was recommended that the permitted use be allowed to continue, that it be -2- SCHEDULED ITEM NO. 2: Roman Catholic Orphanage (UP»264-66) cont'd.: conditioned on retention of the present "open space" between buildings, and that all approving agencies (fire, health, and water) concur. MOTION, SECONDED AND CARRIED: Councilman Helgesson moved, seconded by Aiken and carried unanimously, that the second amendment to Use Permit (UP - 264..66) for the Roman Catholic Orphanage (Mt. Helen) be approved and that all terms and conditions of UP -264.66, as amended March 4, 1968, remain in force subject to the following changes and additional conditions: Change Condition #2 to read: The subject premises may be reviewed at least once every three (3) years to determine compliance with the terms hereof. Under Condition #4, add: A. An exception is made to Item #4 to allow subdivision of the property with the permitted use to continue on the land identified as Parcel "A" of "The Tentative Map of the Roman Catholic Orphan Asylum of San Francisco" dated December 15, 1969, as revised February 13, 1970, subject to the condition that the Final Map, yet to be recorded, is found by the City Council of the Town of Los Altos Hills to be in basic conformance to the above referenced Tentative Map. B. In recommending approval of the amended Use Permit UP -264.661 the Commission finds the allocation of space between developed areas (buildings, paved areas, etc.) and open spaces to be in harmony with the surrounding residential area, and conditions this permit on the retention of essentially the amount of open space shown on the Tentative Map identified in Parcel "All above. C. Approval of applicable Fire, Health, and Water Service agencies required. SCHEDULED ITEM NO. 3: TSNIATIVE MAP FOR LANDS OF ESHNER (369-70) 15 lots, Altamont Road. Engr. M. Wolff. Due to the absence of the City Attorney and unresolved legal questions, the Council and the applicant agreed to continue this item to the September 21st Agenda, since the applicant would be unable to attend the September 8th meeting. UNSCHEDULED ITEM NO. 1: APPEAL CF PIANNINO C0MMZSSION DENIAL FOR STREET NOS FROM MR. FRANK W. SAUL. Staff stated that at the last Planning Commission meeting, Mr. Saul had sub. witted a request to name a private street serving several lots off Via Ventana in the Matadero Hills Subdivision. The street, in the form of a "Y", was proposed to be named "Via Privada" and "Via Privada Court". The applicant felt the Spanish name, meaning "private way" was in keeping with the respective subdivision, Matadero Hills. Since this request was denied because it possibly could be misused in a socially unacceptable manner, Mr. Saul appealed to the Council to reconsider this proposed street name. -3- t UNSCHEDULED ITEM NO. 1: Saul cont'd.: Council discussion ensued with Floor participation by Messrs. Frank Saul and Tom Marshall. Consensus of the Council was that there were an abundance of other acceptable names from which to choose. MOTION, SECONDED AND CARRIED: Councilman Helgesson moved, seconded by Benson and carried unanimously to uphold the Planning Commission's denial of Mr. Frank W. Saul's proposed street names for the private roads Off Via Ventana. UNSCHEDULED ITEM #2: DISCUSSION OF SLIDE PREVENTATIVE ACTION REQUIRED OF MR. J. P. KILBURN. Staff introduced a letter from Mr. Stanley W. Corbett, 26440 Anacapa Drive, which urged immediate legal steps be undertaken against Mr. J. P. Kilburn to proceed with the necessary slide preventative action before the fall rains. Council discussion concurred that more than eighteen months have passed and as yet Mr. Kilburn has not provided an acceptable plan to preclude further landslides. MOTION, SECONDED AND CARRIED: Councilman Helgesson moved, seconded by Aiken and carried unanimously by roll call vote, Councilmen Davey and Grabowski absent, that the City Attorney be authorized to proceed with haste with all necessary action to assure a satisfactory resolution of this problem, which must be acceptable to the City Engineer. UNSCHEDULED ITEM NO. 3: ONE YEAR EXTENSION TO FILE FINAL MAP FOR TRACT #4184 - O. P. WHEELER. Staff stated Mr. Wheeler was requesting a one-year extension to file his Final Map. He is allowed to have an extension under the current Map Act. MOTION, SECONDED AND CARRIED: Councilman Aiken moved, seconded by Helgesson and carried unanimously, to extend the time for filing the Final Map for Tract #4184 for one (1) year to September 7, 1971, in accordance with the Map Act. UNSCHEDULED ITEM NO. 4: DISCUSSION OF SENATOR RANDOLPH COLLIER'S REQUEST URGING OPPOSITION TO AB 1320, WHICH PROPOSES DIVERSION OF GAS TAX FUNDS. Staff reviewed Senator Collier's letter asking every city, county, chamber of commerce, automobile club, etc. to adopt a resolution supporting the California Constitution which protects gasoline tax funds against diversion to other than highway purposes. The League of California Cities recommended the Town not adopt this resolution, as they feel it quite important to use gas tax money for any "transportation" purposes. This would include rapid transit districts, air pollution, etc. Council majority concurred, since Motion by Councilman Aiken to support this resolution failed for lack of a Second. 40 MOTION, SECONDED AND CARRIED: Councilman Helgesson moved, seconded by Benson and carried by majority vote, Councilman Aiken voting No, that the City Council of the Town of Los Altos Hills go on record as supporting AB 1320. UNSCHEDULED ITEM NO. St t CONSIDERATION OF RELIEF FROM TOWN IMPOSED FEES ON PARIZIDE SUBDIVISION. �r UNITS #2 and #3. Staff reviewed Mr. A. Lambertts letter presented at the last meeting, which requested the Town to refund numerous fees and charges levied on the Parkside Subdivision. Fees paid and the charges made against this subdivision were outlined. Council requested this matter be held over to the next agenda to allow additional time for study. STAFF PRESENTATIONSt 1. City Engineer presented a status report on the activity pertaining to the "Little Twister". He noted that staking had been completed and that he would meet with Mr. F. Galli in the next few days. 2. Staff advised that a Holding Capacity Report had been submitted by the Town Planner. MOTION, SECONDED AND CARRIEDt Councilman Aiken moved, seconded by Helgesson and carried unanimously that the recipient list proposed be accepted with the addition of the Los Altos Hills Association and that the Holding Capacity Report be approved for distribution. 3. Staff reported that the County Director of Finance had requested they be advised by August 25, 1970 of our Fiscal Year 1970-71 tax rate. Staff ow noted that Ordinance No. 175, establishing this rate at $.25 upon each $100.00 of value as assessed and equalized was already adopted but it had been held until this time to allow it to be amended, if desired. MOTION, SECONDED AND CARRIEDt Councilman Aiken moved, seconded by Benson and carried unanimously by Roll Call vote, to reaffirm the $.25 tax rate for the Fiscal Year 1970-71 and directed the City Clerk to forward Ordinance No. 175 to the County Controller. (Councilmen Davey and Grabowski were absent.) ORDINANCES; 1. Ordinance Ne. 177, Second Reading, amending Ord. #69, providing for in - lieu fees to be a determination of the City Council. City Clerk read in its entirety Ordinance No. 177, an ordinance of the Town of Los Altos Hills, amending Ordinance No. 69 of said Town as amended, by adding thereto provisions relating to in -lieu payments and substitute construction. Speaking from the Floor, Mr. G. Ferrari voiced opposition to passage of this ordinance and asked clarification as to whether it would be retroactive, whether funds would be segregated, and whether the use of these funds would be restricted to the subdivision contributing such funds. Council discussion clarified that in -lieu funds would be segregated and used in the general area from which contributed. Legal interpretation was that this would not apply to Tentative Maps already filed at Town Hall. Council reiterated the need and desirability of this ordinance. MOTION, SECONDED AND CARRIED: Councilman Aiken moved, seconded by Helgesson and carried unanimously by roll call vote, Councilmen Davey and Grabowski absent, to adopt Ordinance No. 177 as read. -5- 9 06 4W WARRAMrSt MOTION, SECONDED AND CARRIED* Councilman Helgesson moved* seconded by Aiken and carried unanimously, Councilmen Davey and Grabowski absent, that the warrants as presented in the amount of TWELVE THOUSAND, ONE HUNDRED SEVENTY DOLLARS and Forty-one Cents ($12,170.41) be approved and the City Clerk authorized to draw the appropriate warrants. ADJOURNMENT: Motion was made to adjourn to Litigation Session but Motion was withdrawn aftM the Council discussion concurred this session should be postponed to a later date. There being no further business, Mayor Benson adjourned the meeting at 9:30 P. M. TO: NEXT REGULAR ADJOURNED MEETINGt Tuesday, September 8, 1970 at 7:45 P. M. at Town Hall. Next Regular Meeting Date: Monday, September 7, 1970 !No meeting because of Labor Day.) TJK/mam 8/17/70 Respectfully submitted, TED J. KLUZEK City Clerk Town of Los Altos Hills ..6..