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HomeMy WebLinkAbout11/01/1965CITY COUNCIL TOWN OF LOS ALTOS HILLS 1 MINUTES OF.A REGULAR MEETING November 1, 1965 The Regular Meeting Hills was called to November 1, 1965 at Los .Altos Hills, Ca ROLL CALL:PRESENT ABSENT: of the City Council of the Town of Los Altos order by Deputy Mayor Gordon E. Bowler, Monday, 7:45 P. M. at the Town Hall, 26379 Fremont Road lifornia. Councilmen Aiken, Clayton, Fowls .Deputy Mayor Bowler Mayor Henley PLANNING COMMISSION REPRESENTATIVE: Commissioner Melvin L. Hawley APPROVAL OF MINUTES: October 18, 1965• ACTION: Adopt Minutes of October 18, 1965 as submitted.. MOTION: Fowle; SECOND: Clayton ROLL CALL: AYES: Clayton, Fowle, Bowler NOES: None ABSENT: Mayor Henley ABSTAINED Aiken COMMITTEE REPORTS: None. PLANNING COMMISSION REPORTS: Deferred until arrival of Commissioner Hawley. OLD BUSINESS: 1. Sewer Assessment District 1-65 - Award of Contract. Counsel Philip D. Assaf, representing the Sanitary Sewer Assessment District reported he had not received any decision from the Los Altos school District as to whether it would make acash payment or extend payments over a five year period, as allowable by law. The School District is holding a meeting this evening to discuss this matter. However, if there is no i cash payment, the Town of Los Altos Hills will be obligated to pay the assessment until it can be determined in the School Budget. for next year. ACTION: That the matter be tabled for two weeks until a decision from the School District has been reached. MOTION: Clayton; SECOND: Fowle; VOTE: Passed unanimously. OLD BUSINESS: Sewer Assessment District (Cont'd.): Inview of the School District's meeting, Counsel Assaf appealed to the Council to defer this matter in order that he and Engr. Mastin might attend and obtain a decision. The Chair ruled this could be considered under "OTH-,R BUSINESS", if time permitted. PLANNING COMMISSION REPORTS: 1. Commissioner Hawley - Underground Utilities. Commissioner Hawley reported the Planning Commission has a continuing discussion relative to the matter of underground utilities. Planning Commission thinking is that the ultimate solution to this problem, but not yet thoroughly thought out, is to have the Council consider the possibility, and only the possibility, of a long range program aimed at requiring the utility companies to amortize the.. pole lines over a period of say 40 years in order to gradually replace systems underground by forbidding any new overhead poles. This would force the utility companies to talk "costs". In this way the community as`a whole gains aesthetics by a modest increase in utility rates. It was discussed since this thinking was germane to the thoughts of other cities that the City Attorney confer with other attorneys of neighboring communities to agree upon a unified program and procedure (such as an ordinance) in order to bring about total undergrounding of utilities over a period of years. The City Attorney stated he has been 'inclose contact with the. subject, and will continue to be, but since our ordinances - present only a stop gap program there are apparentlyonly two ways to proceed - 1) form an assessment district and put one. section in a year, or 2) a rate increase, but might have to be State wide. The Public Utilities Commission has begun a two year study on undergrounding. Mr. Faisant statedheis a member of the City Attorneys' Department of the League of California Cities and the consensus of these attorneys is that any State wide rate increase would havetowait for the con- clusion of this study (approximately 18 months away) and an answer from the Commission. Mr. E A. Breyman, of 13456 Wildcrest Drive, stated astudy made by him revealed that rates were higher in Los Lltos Hills than other surrounding areas and felt that a, re-examination of these rates should be made by the Public Utilities Commission. It was the opinion of this Council that the Town should continue to lead' and press for appropriate and effective measures `-_Ward the ultimate goal of total undergrounding of utilitylines. Deputy Mayor Bowler instructed this dis- russion to be continued to "OTHER BUSINESS". -2- ,OLD BUSINESS (Cont'd.): 2. Street Lighting - Dissolution of Los Altos Highway Lighting District. 2s instructed by the Council, City Manager recommended: 1) I£ the Town policy of no street lighting within the Town remains, dissolution of the Lighting District is - recommended; or 2) If there is a chane in policy, there remains the question of a nominal cost approximately $255.00 per year). There are six lights involved (the only lights in Town with the exception of one, which is paid for by an individual) and generally located as follows: 2 lights on Fremont at Robleda Road 1 light on Fremont at Edith 1 light on Fremont at Old Altos Road 1 light on Burke at Old altos Road 1 light on Burke at Hill qday Since safety end the dosiresof the citizens are paramount, Deputy P".ayor Bowler invited comments from thc. audience. /-1 'jr. C. Spitzer, of 25311 Rremont Road commented in favor of ret-,.ining the lights. Mr. E Breyman, of 13456 Wildcrest Drive, objected to the - lights and if they are to remain, should. be a policy throughout the Town. It was discussed that the Town enter into the agreement with the County and utilize the assets until the end of this fiscal year, and between now and June, a. study could be made as to whether the lights should reme.in or be removed. ^..(TION: That the Town of Los ;',ltos Hills enter into the ^greement for Street Lighting with the County of S?nta Clara. MOTION: Clayton; SI.COND: Fawle; VOT': "assed unanimously. ;.CTI ON: That the City Council hold a. Tublic Hearing on this matter at the Peeember 6n meeting. MOTION: i.iken; SECOND: Fowls; VOTE: Tossed unanimously. City Clerk was instructed to agenda this item and the Los '_ltos °Tills Isscciation is invited to circulate its membership for comments, as well as comments from any other interested parties. _z_ OLD BUSINESS (Cont'd.): ^� 3. Traffic Hilltop Drive - Renort of City Manager. As requested by the City. Council, City Manager contacted the California State :automobile C,.ssociation for suggestions. Nr. ,�. L. Wright, Traffic Engineer, recommended. cert-ain signing and reflectorized guide markers along the curve, as per letter dated October 20, 1965• These recommendations have been carried out and are in existence. Mr. Wright recommended against the centerline markers on pavement as narrow as 18' wide. BUSINESS: 1. Marc Sapir - Claim for Damages. Upon recommendation of the City l.ttorney, the following Motion was proposed: :C'7I ON: That the claim of Marc Sapir be denied. TLOTION: Clayton; SECOYD: Towle Mr. Sapir was present and gave his opinion on the safety hazards of the road. The C)uestion was called: VOTE: Passed unanimously. 2. Junipero Serra FreeKaL - Proposed Extension Westerly from Page Mill Road. City Manager referred to Drawing 5-R-1 showing proposed extension and explained that only a small portion lies within Los Altos Hills and would have little effect on the Town. I CTIOld: That the matter be filed. MOTION: Fowle Although this location had been thoroughly discussed pre- . viously and the cloverleafs. reduced to two, the Deputy Mayor suggested commentary be invited from thosecitizens so affected. Councilman Fowle withdrew his Motion. :.CTION: That the City Clerk be instructed to re -agenda Item 2 of New Business for the November 15t' meeting so that comments may be heard. POTION: Clayton; SEC -,ND, Aiken; VOTE: Passed unanimously. -4- ") N -,W BU''.T_NE-..:7 (Cont'd.): 3. John M. Moore - Appeal of Requirement of Record of Survey for Building Site 3Pproval. Is attorney for Mr. and Mrs. Darling, owner of praparty off Burke Road and shown on survey dated .I.pril 1951, and for himself and wife as contract vendees, LTr. John M. Moore apnealed for relief from the provision of Ordinance No. 102 that a Record of Survey be filed. Deputy. Mayor Bowler absentedhimself from: the discussion and voting in view of his past association with T=r. Moore. Mr. Moorefeltthat since a survey had. been made in 1951 and the fact that the title company will insure title to the l�)t, that the expense of a second survey would not be justified.. Following discussion, it was ascertainedthat the 1951 survc-y was not certified and that the attending civil engineer was not in Possession of field notes to certify the data at this time. "CTION: "-� That this matter go by way of the appropriate application route. !"OTIONi Clayton; SECOND: f.iken The City .",ttarney advised that the appeal was not rroperly before the Council and the Motion and Second were withdrawn. It was further discussed that Ordinance No. 102 (Building Site °:.pTroval) specifically requires that a Record of Survey be certified; therefore any approval of a -survey which isnot certified would defeat its basic purpose of ensuring- proper setbacks, access, etc. '`. C PI ON : That the appeal of John P.. Moore be denied. M^TION:. hiken; S 0OND: Clayton -OIL C'LL: AYES: '.iken,. Clayton, ^swle NOES: None GBSEKT: Mayor Henley P:B T.:INRD: Deputy Mayor Bowler U -5- y_�,T msiNms (Cont'd.): �) 4. Eugene Mehner - Request for approval of in lieu payment for imPr7vements. City Manager explained Nr. Nehner's request was due to the current freeway construction activity in this area nnd. recommended approval. CTI ON : That the request of Eugene Eehner for in lieu pay4ent for improvements be approved, but that the sum is to be at least equal to the City 7ngineer's final estimate of the revised cost. :.OTION: Clayton; S'0317' di'r.en; VOTE: Passed unanimously. 5. Fremont 'ills Development Co. - Drainage Deresit. That this matter be referred. to Staff for further study. TOTION: Fowle; »CON'D: Aiken; voTF: Passed unanimously 6. St. Nicholas Parish - :appeal of Planning: Commission penial far verhead tili ties. Mr. Henry Chescoe, architect, was present to re -resent St. Nicholas Parish. It was learned from the discussion that the overhead line re- quested will be of a temporary nature and that it is the intention of the owners to Place all utilities underground upon completion of the full development, which will include achurch and priest's house. These facts were never brought out at the planning Commission hearing on June 28, 1965, at which time the application was rejected. Council was of the opinion that if ?:r. Chescoe were prepared to submit a commitment that within a certain period of years all overhead lines would be removed and placed underground, the appeal could be favorably considered. Nr. Chescoe stateC,. a practical commitment wouldbe whenever full development occurs, since the completion date is not known. J NT! BUSINESS: St. Nicholas parish (Cont'd.): 'CTI ON: That the request for overhead utilities as marked in yellow on 11ap of St. Nicholas, PE 1, be granted, providing the legal owners of the property certify in writing that all power poles will be removed and utilities placed underground within a period of three years. Further, the Council will consider without prejudice requests for extension of this period in conformity with the building program of the owner. MOTION: Fowls; SIECOND: ?.ikon; VOTE: Teased unanimously. UST' ^rMITS• 1. Charles F. Spitzer (UF -236-65) - Request for ',rproval of sic Studio. ;.CTT ON: That the request of Charles F. Spitzer (UI -236-65) be approved, subject to the requirements as set forth by the Planning Commission. MOTI.^,N: Fowls; SECOND: Liken; `'OTE gassed unanimously. ,IVISIONS OF LAND: Tentaative Maps. 1. Duveneck - Dana (289-64) Revised - 10 lots. 7n, -r- G. S. Nolte ^.CTI ON: That the Revised Tentative Map dated October 13, 1965 of Lands of Duveneck (280-64), 10 lots, be approved, .subject to the Check List and approving ''.gencies. MOTION: Fowls; O-COND: Clayton It is 'specifically noted that Council approval of the conditional exception is to retain the inherent beauty of the land, plus the fact there is a private road open at both ends, and approved by the fire Chief. The C,uestion was called: VOTE: Tosser' unanimously. 2. George T__Hemmeter (282-64) 2 lot Record o£ Survey-Enr;r. Riley. ( s City Manager read letter of Health Der,artment dated "ctober 20, 1965, wherein it was stated the drainline for T'arcel. Thad been satisfactorily relocated. i:rs. R. 1. Jones, of DIVISIONS OF LAND: George_T. Uemmeter (Cont'd.): 10791 Magdalena Road and owner of Lot rb�1, was ;resent, but- �f had no objection to the arproval of the survey. _CTI ON: That the Record of Survey dated June, 1965 be approved as submitted. MOTION: Clayton; C`U'PID: Aiken; VOTE: Tassed unanimously. 3. _G. Parker (311-65)-2 lots - Enmr. Riley. City Manager read Tanning Commission's recommendations, Check list and Health Department's recommendations. The County of Santa Clara has been notified of this rroposal on Summerhill Road, but no answer has been received. Riley reported the Health Department has indicated a change in their requirements and, is awaiting their letter, which will be submitted with the Final Mar. ,',(-TON: That the Tentative Map of n. G. Larker (311-65) be approvedas submitted, subject to the Check List and. approving F,gencies. MOT'IO•N: Clayton; SECOND: rcwle; VOTE: "assed unanimously. COMMUNIC,':TIONS 1. Melvin_L_Hawl2y - Pe: Sete of Frank Taylor Pump Site. City Manager read :attorney P. L. Hewley's letter dated October 4, 1965 regarding transfer of a small piece of land on Robleda Road, surrounded on three sides by lands of Conn and requesting the City .`.ttorney to advise on the legality of its transfer in view of the city ordinances. The City Attorney and Staff foresee no objection and Council are hereby aware of this fact. 2. City. of Milpitas, letter dated October 25, 1965, requesting the Council to consider suT,orting the rrorosal contained in their resolution concerning the Civil Defense and pisaster T'rogram. Basically the purport of the resolution would have contracting cities annually nay a ^ortion of the County Civil Defense operation -based upon a pre -determined charge £orruln. No action is required at this time since this matter will be reviewed at the next Inter -City Council meeting. -8- OOM`UNIC1,-IONs: (Cont'd.): Rust, letter dated November 1, 1965 reeuesting variance Tsoceedinss be waived in view of the Council's indicated desire to abandon E1 Caminito Way. Letter was read by City Manager who explained E1 Caminito Way has been offered for dedication but not accepted by any jurisdictional body. In the event of abandonment, Mr. Bust would no longer require a. variance for setback reduction and his drivewaycould be constructed in a location that was not so steep. Councilman Fowle objected to the discussion since this was an item of Communication, with no action before the Council. The Deputy Mayor recuested further discussion solely to establish the nature of the item as it should appear on the next C.genda. C.> .,,TION : That the Council discuss Mr. Rust's letter of November 1, 1965 in more detail. MOTION: Liken; S.^G:iND: Clayton; VOTE: Tassed. unanir!ously. Mrs. Rust was present and assured the Council that Mrs. G. MacDonald and the other neighbors concerned were in favor of the abandonment. City-'.ttorney stated the Council can abandon the road on its own Motion and that there are no requirements for notification or public hearings. Council requested Mrs. Bust to obtain a letter from Mrs. MacDonald to formally request abandonment of E1CaninitforWay the and that this ratter be rrorerly placed on the ,gaa November 15th meeting as "":B `:N'10NP1E'D?T 0?'' El, C MINITO 4".Y" '.*INOTJYCEMFNTS : 1.'- Inter -City Council Dinner Meetins, Thursday, November 4th, Host City Los ',ltos :fills, to be held at ".dobe Creek. Lodge. Mayor's Committee Meeting; at 6:30 7: M. VT RRt.NTS: . 1. Bills, in the amount of SIX THOittii'YD EIGHTgverletpre INETEEN sented for DOL. -.ZS and Seventy-one Cents (,819.%1), naynent by Councilr:e.n Fowle. ;.CTI ON : That the bills, as presented, be approved and the City Clerk be authorized to draw the appropriate warrants. MOTION: Fowls; S?CONT: Liken BOLL C.LL: A�is: 'Aken, Clayton, Fo;ale, "ep.Mayor Dowler NOES: None l,D3ti1NT: Mayor Healey -9- OTH-R BUSINESS: 1. Sewer i.ssessze District N. 1-65 - :',ward of Contract. Counsel Fhilir D. ::.sso£ and. Pngineer nugene Fastin returned from the School District's reeting and announced a cash rayment had been authorized by the .chool Board. City t.ttorney presente?. and read in its entirety Resolution Ido. 326, a 3esolution of `.ward of Contract, Sewer ;assessment '•'District No. 1. Contract was awarded to the OK Construction Co., Inc. Bid w.ns",15,937.20• .:CTI ON : Adopt Resolution No. 326 as read. D13T10N: Fowle; S'.COSdD: Clayton 1311, C-. 1L: -.iken, Clayton, Fowle, Deruty Nayor Dowler None ". yo yor iIenley 2. Underground Utilities (Cont'd.): Discussion was continued from 1'L:'.NNING C-1171`1IS.SION on underground utilities on the lona; tern study of the "'UC, costs and underlyin,; factors. l.lthough no action was taken, Deputy Mayor Bowler suggested the City i.ttorncy be charged with formal action to prepare an objective study on the problems of undergroundinc. utilities and a writing of an ordinance requiring underground rerlacement cf all overhead poles. Council reaffirmed its leadership in doing everything possible to obtain this goal. Staff was requested to review rates for Los ''.ltos Hills basod. on area and density, however, it wee mintedout a more complete survey could be rade when the County census is comrieted. .rSOUPN,,. --1dT: MOTION: Fowle; `rC'�N.^: ".iken i.� TPiSdC ',.r JOU- ED: 10:25 T. P. 1171:^i ',-TGUL,,' MEPTTN,,'-: Nonday, November 15, 1965 at ?:45,' - N. at the Town Hall. Respectfully. submitted, LFi 11L W. S''LFEN City Clerk ''Town of Los ',.ltos 'ii)IS.