HomeMy WebLinkAbout08/16/19714W
CITY COUNCIL
TOWN OF LOS ALTOS HILLS
MINUTES OF A REGULAR MEETING
August 16, 1971
REEL 40 Side 2 Track 2 20 -Pad
REEL 38 Side 2 Track 2 00-500
Mayor Walter A. Benson called the Regular Meeting of the City Council of the Town
of Los Altos Hills to order at 7:46 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, Grabowski, Helgesson, Davey, and Mayor Benson.
Absent: None.
PLANNING COMMISSION
Commissioner Lschenbruch.
APPROVAL OF tQnEME4: July 19, 1971. Councilman Helgeanoa moved, seconded by
Grab`ow and carried by majority vote (Corbett absent, thus abetained,) that
the minutes of July 19, 1971, be approved as written -
COMMUNICATIONS:
1. Palo Alto requested comments on Progress Report on the South Hay Wastewater
Dischargers Study.
2. Dr. Marjorie W. Evans asked consideration of resolution urging Menlo Park to
reject the proposed Willow Expressway.
3. Mrs, Patricia Standring, 12950 Cortez Lane, transmitted a copy of her letter
to Editor (Town Crier and Palo Alto Times) urging support for Sewer Assess-
ment District #9.
4. Mr. & Mrs. H. Broekhoff, 14545 Manuella Ave,, requested written confirmation
from the Town that those assessed for S.A.D. #91 but subsequently connected
to the Gardner Bullis Sewer Line will not be charged a second time for
capacity by Los Altos.
Council reiterated their previous statement (June 21, 1971 Council Minutes) that
anyone in the area of the Gardner Hollis sewer line who has paid for Palo Alto
sewer capacity will be given credit for that amount paid against the connection
fees due should they subsequently connect to the Gardner Bullis Sewer Line that
presently flows to Los Altos.
5. Santa Clara County Department of Public Works advised of their request to the
State for a grant to fund a Traffic Safety Engineering project.
6. Dr. 0. E. Byrd, 1533 Madrona Ave., Palo Alto, requested review of their S.A.D.
#9 assessment since he questioned whether current ordinances would allow him
to subdivide into the number of units of benefit assessed.
7. ABAG transmitted a Report of the Regional Committee on Navigation and the
Environment.
8. Santa Clara County Board of Supervisors transmitted their resolution amending
General Plan of the County relating to Foothills lend lying southerly of Palo
Alto and westerly of Los Altos Hills.
9. R. G. Bezzant, City Engineer of San Mateo submitted a status report on the
Metropolitan Transportation Commission.
10. H. K. Taylor, Assistant District Engineer for Division of Highways advised of
a public hearing in San Jose on September 8th. Hearings are for purpose of
discussing functional classification concepts, the tentative criteria re-
commended for State Highways, and how this criteria, if applied would affect
the present State Highway System.
11. Palo Alto transmitted their resolutions opposing deletion of El Camino Real
and Skyline Boulevard from the State Highway System as proposed.
12. Dr. and Mrs. Wolfgang Jochle, 27133 Adonna Court expressed support for
issuance of Use Permits for Stables.
13. Pacific Telephone transmitted an application for rate increases.
14. Mr. Jon Beekhius, 27686 Natoma Road, suggested the Town consider building a
mini -bike track.
15. California Council on Intergovernmental Relations asked for individual comments
on Regional Planning.
SCHEDULED ITEM NO. 1:
MELTON, RICHARD (UP -355-71) - Request for Use Permit for Boarding Stable at
24970 O'Keefe lane (continued).
Staff reviewed that Mr. Morrie. Grupp had withdrawn his interest in this Use Permit
request and that Mr. Richard B. Melton was now the sole applicant. The conditions
of the Use Permit as recommended by the Planning Commission on June 28, 1971 were
reviewed and amendments proposed to reflect this change in applicant as well as
the wording of Condition #2, #8, #12, and #15. The maximum number of horses
to be allowed on the 3.125 acres was not to exceed 18.
As a reauii of Council discussion, condition #7 was revised to read: "Public
riding instruction shall not be given, but this shall not be deomed to prohibit
Floor participation was heard from Mr. Keith Pritchard, an attorney representing
several neighbors. He stated that his clients were not in opposition to the
granting of the Use Permit to Mr. Melton and they felt the conditions proposed
were reasonable. He suggested that the ordinance be clarified, however, that a
plan of operation be submitted, and that neighbors have the right to appeal
decisions of the Manager.
Mr. H. C. Wright, attorney for Mr. Melton asked that in view of the past extensive
deliberation in regard to Mr. Melton's application, that the Council either approve
or deny this application so that they could lawfully proceed with their business
or follow the appropriate procedural remedies. Other floor participants included:
Mrs. Diana Miller, 13076 Vista del Valle Court, and Mrs. I. Goldsmith, 27330 Elena.
MOTION, SECONDED AND CARRIED: Councilman Corbett moved, seconded by Davey and
carried unanimously that the request for a Use Permit by Richard B. Melton (UP -355-
71) for a boarding stable at 24970 O'Keefe Lane be granted in acoordanoe with the
approved amended 15 conditions dated August 16, 1971.
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SCHEDULED ITEM NO. 2.
ELIAS, HURTCN D. Long) UP -354-71 - Request for Use Permit for Hoarding Stable
to at 25720 Altamont Road.
Staff reviewed that the Planning Commission had recommended this application for
approval and the conditions were presented. It was noted that 27 horses were to
be allowed on the 4.727 acres. Council concurred that condition #5 be revised to
read: " Public riding instruction shall not be given, but this shall not be deemed
to prohibit the owners of boarded horses and members of their immediate family.
Floor comments were heard from Mr. S. W. Whittelsey, 25259 La Loma as to the dis-
advantage of not allowing riding instruction for residents having their own horses.
He noted the sentiments expressed against horses frequently were a result of their
actions since they often have neither been trained in the proper care of their
horse nor instructed as to their responsibility towards private property.
The applicant, Mr. Elias reviewed his plans to develop the property, noting that
there were only presently 9 stalls, but eventually he hoped to apply for 18 stalls
to allow one horse per stall. In addition he planned toblue rock drives and
parking areas and cover the paddocks as income allowed.
Council discussion noted that this Use Permit as well as the Melton Use Permit was
restricted to the Assessors Parcel Number specified,in response to a query from
Mr. Keith Pritchard as to whether the applicant could lease adjoining vacant land
for pasturing additional horses. It was observed that the existing stalls abutted
the adjoining vacant land, and thus encroached into the 30' setback. The City
Attorney stated that existing non -conforming structures were allowed to remain
until they were required to be reconstructed to more than 50% of their value.
MOTION, SECONDED AND CARRIED: Councilman Davey moved, seconded by Helgesson, that
the request for a Use Permit by Burton Elias (UP 354-71) for a boarding stable at
25720 Altamont Road be granted in accordance with the approved amended. 15 conditions
dated August 16, 1971. The motion was carried by the following roll call vote:
Ayes: Councilmen Davey, Grabowski, Helgesson and Mayor Benson, Noes: Councilman
Corbett (too many horses).
SCHEDULED ITEM N_O..:
LANDS OF FSHNER (369-70) FINAL MAP, Tract #4897, 14 lots. Eagr. M. W. Wolff.
The Town Engineer reported that all conditions of the Check List for the Tentative
Map of Lands of Eshner have been fulfilled, required fees had been paid, and that
the Final Map was recommended for approval. Part of the old right of way wherein
Altamont Road had been re -aligned was proposed to be abandoned which would clear
up the title to Lot #14 and relocate the newly aligned road in the proper right of
way, resulting from easements obtained from Mr. Fshner.
Council discussion evolved around a path along Altamont on the Eshner aide with
floor participation from Mrs. Millie Saviano, Chairman of the Pathway Committee;
Commissioners Priscilla Weisbart and Art Lachenbruch; the applicant, Mr. Eshner;
Mr. S. W. Whittelsey; and Mr. A. M. Laws.
MOTION, SECONDED AND CARRIED: Councilman Davey moved, seconded by Grabowski and
carried unanimously that the Final Map of Lands of Eebner (369-70) for 14 lots
be approved. (Tract 04897. This subdivision has been named "Silent Bills." )
Council concurred to agenda the abandonment of the old right of way and review
design of that portion of Altamont Road adjacent to Lot #14 of lands of Eshner.
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SCHEDULED ITEM NO. 4.
ACTION CH PFNIDWLEGISLATIVE MATTERS - Councilman Grabowski.
�w Couooilman Grabowski reviewed the following legislative bills:
SB 1100 Concerning use of gas tax funds for bike paths.
SB 325 Removes prohibition of sales tax on gasoline.
AS 1056 Establishes all encompassing State Level Environmental Commission.
AB 1708 Requires sewage pollution surveillance and funding therefor by local
agency, rather than State.
AB 2294 Prevents cities from prohibiting mobile home parks.
AS 2622 Regarding zoning hearings.
AS 2946 Regarding treatment of federally subsidized housing.
Council concurred to have Staff transmit the Council's desire for support of SB 325
and opposition to AS 1708 and 2294.
UNSCHEDULED ITEM NO. 1:
LETTER FROM WILLIAM HAHHN, 26491 Ascension Drive re erosion.
Staff reviewed that recent water line breaks near the top of Is Create had caused
erosion damage to the properties of Leo Kreb and William Hahn. It me noted that
the water company had since repaired the damages caused to the Krebs. The Hahne
problem was a further aggravation to damages caused annually during the rainy season
by overflow resulting from a recurring plugged drainage culvert.
In addition to a second communication from Mr. Hahn, a letter from Mr. W. B. Boone
26475 Ascension Drive urged immediate repair and/or replacement of the drainage
system since it was inadequate to handle severe storms in several instances over
the past few years.
The Town Engineer presented alternate approaches to resolution of the problem and
during the ensuing Council discussion, Staff was requested to further study and work
with the Parissima Water Company in hopes of jointly approaching the problem on a
coat -sharing basis.
UNSCHEDULED ITEM NO. 2:
LANDS OF COS—TE[.LO—Z73-69) Request for extension of time to File Final Mae. Eugr.
Geo. S. Nolte.
Staff stated that the applicant had requested a one-year extension for filing the
Final Map on the Lands of Costello Subdivision which was permissible since Council
approval on the Tentative Map was given on February 16, 1970.
MOTION, SECCNDED, AND CARRIED: Councilman Helgesson moved, seconded by Corbett
and carried by unanimous roll call vote to allow a one-year extension for filing
the Final Map of Lands of Costello (363-69).
UNSCHEDULED ITEM No. 3:
CCMSIDER OFFER OF FREE LABOR FROM THE CALIFORNIA ARMY NATIONAL GUARD.
The California Army National Guard, 2632d Transport Truck Co., located in San Mateo
indicated that they would be interested in participating in local ecological pro-
jects on the weekends that they hold their monthly drill. Trucks and labor would
be available for any one of several local projects in Los Altos Hills.
Since no response had been received to ascertain in what type of project they might
wish to participate, Council concurred to defer discussion to the next meeting.
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UNSCHEDULED ITEM NO. 4:
ANTENNA CCWff E PROGRESS REPORT.
Councilman Corbett stated that this committee, formed by the Council to review the
zoning ordinance as it applied to radio and TV antennas was a result of a complaint
about radio antennas. He summarized the committee's interim report and noted that
it indicated procedures followed to generate the information, background, and
precedent felt required to arrive at a "draft" ordinance that would be fair,
implementable end supportable.
Mrs. Georgia, 12800 Is Create, objected to the committee makeup, four of whom are
radio amateurs. Mr. Winn wagoner, 12841 la Cresta, stated that technical rationale
should dictate antenna height, since it directly relates to radio and TV reception
and transmission. He concluded it was logical that those most knowledgable should
review the ordinance to swore a feasible approach, and propose a realistic
revision that could result in an enforceable ordinance rather than promulgate the
innumerable existing violations throughout the Town under the current ordinance.
Pending submittal of the Committee's final proposal, the Council concurred to defer
action regarding the height of the Forbes antenna.
UNSCHEDULED ITZ: NO. 5:
APPOINT OFFICIAL "VOTING REPRESENTATIVE" for the League of California Cities Con-
ference, Sept. 26-29, 1971.
Staff stated that the League of California Cities had requested that each City
appoint an official voting representative and an alternate, who will be attending
the League Conference Sept. 26-29.
Since Mayor Benson will be attending the conference, the Council unanimously con-
curred that he be the official voting representative.
UNSCHEDULED ITEM NO. 6:
REPORT OF TOWN ENGINEER REGARDING THE REDUCTT^N IN TRL NUMBER OF ASSESSMENTS FOR
S.A.D. #9.
The Town Engineer presented a three page memorandum, dated Augu>t 12, 7.971, which
is incorporated in these minutes and on file at Town Hall. To date he :icd de-
termined there were sixteen (16) units of benefit that could be legitimately
deleted. This reduction of the original 1218 units to 1202 mi4s would produce
a gross revenue of $338,363.00. Deducting $42,630.00 for incidentals resulted
in an estimated net revenue of $295,733.00.
Mr. Crabtree noted that all protests received had been identified and that the
following figures were final:
legal Protests (letters; . . . . . . 30.29% representing 494.0 acres
Technically Inadmissable
Protest Cards . . . . . . . 24.0 "i acres .
Total ........... 54.38% 886.9 acres
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In response to Councilman Corbett's query, as to whebber the vasoentcge caqutaticn
included the roads, i.he City Attorney stated that the public Rights of Way were
not counted for any purposes. Mr. P.D. Assaf, Attorney of Work, reviewed that
the Council at their August 2, 1971 meeting, having agreed not to delve into the
technicalities of whether the "protest cards" were legal protests, agreed to
accept them as such, and then overrode the resultant majority protest with a
four-fifths vote. Had the road right-of-way been included in the assessment area,
when computing the percentage of protest, it would have in effect reduced this
percentage of protest. In view of the Council's action at the last meeting, Mr.
Assaf noted that whether or not the right-of-way was included was now a moot
question.
Floor comments were heard from Mrs. J. B. Chown, 13822 Page Mill Road; Mrs. I.
Goldsmith, 27330 Elena Road; Mrs. Priscilla Weisbart; Mrs. I. Haas, 27676 Briones
Court and Mrs. June McIlwraith.
Following discussion, the Council concurred that the City Attorney introduce a
resolution reducing assessments as recommended by the Town Engineer. The City
Attorney introduced and read in entirety Resolution No. 640, A Resolution Authoriz-
ing Reduction of Certain Assessments -- Sanitary Sewer Assessment District No. 9.
MOTION, SECONDED AND CARRIED: Councilman Helgesson moved, seconded by Corbett and
carried by unanimous roll call vote that Resolution No. 640 be adopted ae read.
Councilmen Davey stated that her yea vote was to allow those with legitimate
reasons to be excluded or have their assessments reduced from this compulsory
district, but she did not support formation of the district or its concept. The
Council concurred to review assessments against Mrs. Lois Hogle and Mrs. J. B.
Chown.
UNSCHEDULED ITEM NO. 7:
STAFF REPORTS.
1. Request to prohibit smoking in Council chambers was tabled..
2. City Manager recommended a proposal from Xerox to equip the Town Hall with
their Model 660 Copier. In addition to its more quiet and faster capability and
reproduction quality, savings in paper costs for the current 3 M Copier would
offset per copy coat of the Xerox. Following discussion the Council concurred to
accept the proposal.
3. Letter from John Beekhus, 27686 Natoma Road that requested the Town consider
building a mini -bike tract was tabled.
WARRANTS:
MOTION, SECONDED AND CARRIED: Councilman Helgesson moved, seconded by Grabowski,
and carried by unanimous roll call vote, that the warrants as presented in the
amount of ELEVEN THOUSAND FOURTEEN DOLLARS and Five Cents ($32,014.05) be approved
and the City Clerk authorized to draw the appropriate warrants.
In
fir
CTHS42 HtiSINE55 BY_CCUn]II SV.
1. Councilman Grabowski's motion for a resolution urging rejection of Willow
Expressway by the electorate of Menlo Park failed for lack of a second.
2. Councilman Davey requested that summaries of legislative bills be provided
the Council members to provide an objective analysis whenever duriib discussion
support or opposition is expected.
3. Councilman Davey requested that the Council representative to the Planning
Commission be shown in the Commission minutes.
4. Councilman Helgesson reviewed the items to be reviewed by the Transportation
deletionspolicy �tottee at the Stateeir Highwayember systemth hearing within Santa Clara additions and
Clara County
ADJOURNMENT: Mayor Benson adjourned the meeting
12:2 PP.MM.M.atoTown Hall
NEXT REGULAR Fl
MEETING: Tuesday, September 7� 971 at
7:45
TJK/dq
Respectfully submitted,
TED J. KLUZEK
City Clerk
Town of Los Altos Hills
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60
gl617i "zi.,
TOWN OF IAS ALTOS HILLS
26379 Fremont Road
Los Altos Hills
California
MEMORANDUM
To: City Manager
.From: Town Engineer
Subject: S.A.D.:=#9 - Recopueads
Percent#&$, 'f
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:. Y isi 3 4�i'•
One of the purposes of ine ing
Engineer's Report qbp iff ''o
. t ,a.
(a) Residences'nou cvngected to a
(b) Individual cash-W#0ase4 (ot
obscure or'dijf£dpi#n c4kincfI
(c).. Tentative Mope -w44 I did ?no!
(d) Cash purehadi& 7�0buenj
The followi4g„ c t
as acted above o
YC+
Date: August 12, 1971
,6W 4u Assessments d Final Protest
f
I
I '
Atjp'tin the Palo Alto Basin in the
s:. intended),. Chs following"bonditions:
but no know+a t9. --the 'town.
e",7
ity�'ri wplah-'dar',i`,tit'ided in
Pk( fiiV daiginal research.�JON,,° '
a
_.u,,Y r Y 1: dee s Report
sips
fipm #!( a dlepoXt for Coudit eas
s �
r
roposied, zero (0) units f'�'�''(" .
_ due to - q r �� °'� ... -. + m. M' 'i.
i
2. i303 1 e A0.1aait ,pxopodeil shoald` b0'zerc {q) unita
dde,�to'Raspoq ewnershiq with'adjacent parc& eO.919' as. total). '
3. /338 (175 ,5- 'bee (1) milt Froposgi; should be zero (0) unite
due•to'.Ca�. ..
4. 062-:(l,35.•6+d%a �i'ifna fit) daft prpposed she uld be zero (0•) units
due td' (d);
5. #364.('175-6-6): One (1)'unit proposed; should �be zero (0) units
due to ,(d)..
6. 8372,--(175-57-2):Eight (8) units proposed; should be five (5) units
due. to (c).
7.. #399 (175-43-57): One (1)unit proposed; should be zero (0) units
due to pending application to include this parcel with the adjacent
parcel as one (1) building site. (1.5 acres total)
8. #518 (175-34-4): One (1) unit proposed; should be zero (0) unite
due to existing residence which precludes immediate subdivision.
9. #573 (182-8-3): One (1) unit proposed; should be zero (0) units.
due to lot size (k acre).
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30. #727 (175-35-6): One (1) unit proposed; should be zero (0) units
due to insufficient acreage after road dedication. This lot
purchased one (1) unit in S.A.D. 03.
11. 0840 (182-26-9): Two (2) units proposed; should be one (1) unit
due to the lot being approved as a single building site in 1967.
12. 0846 (182-26-35): One (1) unit proposed; should be zero (0) units
due to (b).
13. 0848 (182-26-37): One (1). unit proposed; should be zero (0) units
due to (b).
14.. 0874-(182-10-32): Five (5) units proposed; should be four (4) units
due to (c).
The deduction of these 16 unite from the original 1,218 leaves 19202 units to
be assessed. Maintaining acharge of U81,50 per unit, the gross revenue to
the Palo Alto Resin Fund would be $338,363,00. Allowing $42,630 for incidentals -
produces a not revenue of $295,712.00. It is probable that several factors in ,Yg
the incidentals can be combined to raise the net revenue back up to $300,000t.
These would be (a) underrun on Engineer's Report and Assessment Spread; (b)-
Reduction of "Administration" allowance, and (c) bond discount lees than SX. -"
Or, since the $300.000 is an estimated amount, perhaps $295,712.00 is a reasonable
'net revenue. In any event, we should not attempt, ,to raise the $281.50 unit
charge, since this' would require another public hearing.
Also, we have received .rhe following requests for reduction of assessment:
1440ettlon Requested
0 Acreage,_-,}'rom To Reason
38 16.26 1 . {'12 0 5§ acres dedicated to Sierra Club
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as Open Space; no intent to further -
subdivide.
109
12.69
9
5
No reason given.
376
8.03
'6
5
No reason given. -.
580
3.59
3.
1
Slope -density .S topography.
582
4.33.
3,
0
Slope-degsity ;6 `topography.
597
6.00
4,
0
Does.not intend to subdivide.
616
5.26
4
0
Staff would not guarantee 4units.
749
3.72
3
0
Does not intend tosubdivide.
808
3.39
2'
0
Topography.
1036
8.00
6
0
Does not intend to subdivide.
1120
4.84
3
2
Slope -density.
Page 2 of 3
I have checked each and find the proposed assessments to be in accord with
the criteria set forth in the Engineer's Report; said criteria being established
for S.A.D. N3, #4 and N9 as a fair and equitable means to determine benefits.
It may be that some of the parcels will not prove to be subdivideable to the
extent that the criteria indicates. However, this can only be positively
determined by processing a Tentative Map for each parcel. I believe,it would
be unfair to other property owners who are willing to share the Town's financial
burden to single a few parcels for special attention; if this is to be. done for
one, it should be done for all parcels of 2 or more acres. Clearly, the
enormity of such a project is prohibitive; further, if the Engineer were
somehow able to determine the precise subdivision potential for every parcel
there would be no need for Planning Commission and City Council action on
Tentative Maps. Hence, I cannot recommend any reduction of assessment$ other
than the 17units first. mentioned, which qualify under the uniform criteria for
the District.
Instead, I would suggest that some method be establighed'for refunding excess.
capacity charges in the future. -Afew possibilitiesmight be as follows:
A. Allow credit for subdivision fees, in -lieu payponts, etc.
B. Allow credit in the event of.an assessment die !`ict fQr sewer construction..
C. At some time, is the. future vei4ay find that there art extra monies in the
Palo Alto Basin 9aWer Fund and raimbursements could then be made.
60 In eummary,'my::repm Wilaation is to reduce "easements for the 14 parcels first
listed (totaliag A'.#fttg). and moose. 1,202 units at6281.50y for a gross
revenue of 5838,3661.00 tothePalo Alto Basin Fund.
We were able to identify all protests received; hence, the following figures
are final:,
Legal Protests (letters) 30.29% (494..6 Atres)
Technically :Inadmissible 24.09% (392.9 Acres)
Protests (cards)
Apparent Total 54.38%.(886.9 Acres)
The entire district comprises 2,304.6 acres, of which 673.7 acres are "zero
assessment" parcels. The above percentages are thus based on the.remaining
1,630.9 acres which are assessed one or more units. Of the 673.7 acres of
"zero assessments", protests were received from owners of 34.0 acres (5.05%).
This is given for your information only since both the acreage and protests
of "zero assessment" parcels were deleted in computing percentage protest.
BERRY H. CRA -
JB.0/jp
cq: City Council
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