HomeMy WebLinkAbout04/06/1970L CITY COUNCIL
TOWN OF LOS ALTOS HILLS
MINUTES OF A REGULAR MEETING
April 6, 1970
REEL 25 - SIDE 1, TRACK 1 -- FOOTAGE 00-1360
REEL 25 - SIDE 2, TRACK 4 -- FOOTAGE Do- 350
Mayor Wm. Ross Aiken called the Regular Meeting of the City Council of the
Taus of Los Altos Hills to order at 7:49 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, Fowles
Helgesson and Mayor Aiken. Absent: None.
PLANNING COMMISSION REPRESENTATIVE: Commissioner L. Dawson
APPRCVAL OF MINUTES: March 16, 1970.
Councilman Helgesson moved, seconded by Benson and carried unanimouslys
that the Minutes of March 16, 1970 be approved as submitted.
COMMUNICATIONS:
1. Letter from Santa Clara County Board of Supervisors dated 3/31/70
advising they were applying to the U. S. Office of Economic Opportunity for
recognition of a Community Action Agency, which would plan, conduct, adminis-
ter and evaluate local anti -poverty programs. Attached to the letter was
the proposed application and the Town was asked to respond by 4/22/70 if
they wished to be included in the program of the proposed agency.
Staff was directed to agenda this item for April 20 meeting.
2. Letter from Assemblyman Willie L. Brown, Jr. dated 2/23/70 advising of
two proposed bills pertaining to the Bay Area Air Pollution Control District
(BAAPCD):
AS 641 - provides for election of Control Board members
AB 642 - adds individuals concerned with environmental matters,
public health, mass transportations and parks to the
BAAPCD Advisory Council.
3. Letter from Ruth Koehler, Coordinator for Responsible Citizens, advising
that the AAUW, League of Women Voters and the PTA had withdrawn their
sponsorship of the community project to assure their non-partisanship.
4. Letter from Wm. L. Nickel, Chairman of the Santa Clara County Safety
Council requesting the Town to contribute $120.00 to assist them in conduct-
ing their non-profit public services.
Council directed Staff to hold this request until budget time.
5. Letter from Town of Los Gatos enclosing a copy of their resolution
supporting action to abate pollution of the environment by jet aircraft.
COMMUNICATIONS cont'd.:
4, 6. Letter from J. S. Farwell, Fire Marshal, recommending the Town adopt
by reference the 1967 Uniform Fire Code and amendments as adopted by the
Santa Clara County Boaxd of Supervisors at their 3/25/70 meeting; otherwise,
the Fire Department is unable to enforce the removal of rubbish or unsecured
buildings as in the case of Mr. W. Roscoe.
Staff was directed to agenda this subject for the April 20 meeting.
7. Letter from Carroll S. Rankin, President of the Santa Clara Valley
Chapter of the American Institute of Architects, expressing his concern that
the increasing public awareness of our environment is being followed by a
public demand for controls beyond the scope of most present zoning ordinances
and building codes. To assist communities in fulfilling their obligations
in this respect, he enclosed a document "Guidelines for Design Review",
which outlines the basic premises, organization and implementation of the
design review process, and offered the services of his organization to
accist the Tam in developing procedures related to our needs and goals.
St�Ff was directed to agenda this subject for the April 20 meeting.
8. Letter from Pacific Gas & Electric Co. requesting an apportunity to
review AB 908 with the Council and that it be agended for April 20 meeting.
Council concuxred.
9. Letter from Dr. L. Alpinieri, 10632 Magdalena Road, supporting action to
ban the use of mini -bikes.
L Staff was directed to refer this communication to the reactivated Unlicensed
` Drivers Committee.
10. Letter from Pacific Gas & Electric Co., dated 4/3/70, advising they will
be ready to replace the overhead electric system with underground on Fremont
Road, between Concepcion and St. Francis Drive, about August 1, 1970. In
order to proceed, the Town is requested to create Underground District No. 1.
To assist, sample resolutions were attached.
Council directed Staff to agenda this matter for the April 20 meeting.
11. An invitation from the Mayor and Council of Palo Alto requesting the
Town Council attend their dedication ceremonies and open house at their new
Civic Center at 11 o'clock on 4/18/70.
ANNOUNCEMENTS:
1. Discussion of the future use of Stanford Lands will be held on 4/8/70
at the Meyer Library Forum Room on the Stanford Campus at 7:30 P. M.
Councilman Helgesson will represent the Council.
2. The Santa Clara County Transportation Workshop will meet at San Jose
State College Concert Hall on 4/11/70, between 9:30 A. M. to 12:30 P. M.
Councilman Benson will attend for the Town.
-2-
SCHEDULED ITEM NO. 1:
PRESENTATION OF BEAUTIFICATION AWARD.
Mrs. Lee Lynch, of the Los Altos Beautification Committee, stated they were
formed three years ago to promote and encourage architectural excellence
in design and landscaping of residential and commercial properties and
they were pleased to announce their judges had selected the Los Altos Hills
entry of Mr. and Mrs. B. J. Goldsmith, 23505 Fernhill Drive. Following
slides of the Goldsmith's residence, Mayor Aiken presented the plaque
commemorating this award to Mr. B. J. Goldsmith.
SCHEDULED ITEM NO. 2:
PUBLIC HEARING RE SEWER ASSESSMENT DISTRICT NO. 6 (Vicinity of Almaden Ct.).
City Manager reviewed the origin of this district and stated that although
the natural drainage was to Palo Alto, the least expensive approach for
installation of these sewer lines required the building of a pumping station
to carry the sewage up and over to the Los Altos facilities.
Mr. Philip D. Assaf, bonding counsel, suggested this Public Hearing be in
two parts, i.e., the engineering report and then discussion on protests
should follow.
Mr. George Cook, City Engineer, explained the cost increase of the estimate
was primarily attributed to:
(a) The relocation of the pump, which as originally proposed, would not
[ serve the Monte Lucerne area lots.
(b) Incorporation of other charges already existing, but not included, e.g.,
the $100.00 reimbursement to Purissima School and Foothill College,
which in effect presented a more realistic cost to the residents.
(c) Capacity acquisition costs had increased.
(d) Additional administrative costs.
(e) Uncertainties of the bond market required sufficient allowance to
cover bond discount.
Staff emphasized that although current construction costs are used in
arriving at the estimate, the figure would naturally be reduced, should
expenses be less. Furthermore, it is better to overestimate rather than
have a cost overrun which would necessitate a follow on bond issue, as well
as create additional administrative fees.
City Clerk read letters of protest from the following residents, which
represented 23.1% of the district. (This percentage was later increased
by the addition of the Soares and Lambert properties.)
Stuart Nunn, 26937 Almaden Court
Joseph B. Arnold, 26951 Almaden Court
Ross A. Quinn, 26976 Almaden Court
Leonard S. Cutler, 26810 Ortega Drive
Paul Staschower, 26993 Almaden Court
Lowell G. McClenning, 26932 Almaden Way
Jean-Pierre Damm -nn, 26856 Almaden Court
Mayor opened the Public Hearing at 8:24 P. M. and the above residents further
reiterated their protest of the increased cost and their desire to withdraw
from the proposed district. With the additional support to the protests
of Messrs. Soares and Lambert, the majority of the district new was request-
ing the proposed district be abandoned.
-3-
SCHEDULED ITEM NO. 2: cont'd.: SAD #6
%W Mayor Aiken closed the Public Hearing at 9:05 P. M.
MOTION, SECONDED AND CARRIED: Councilman Davey moved, seconded by
Helgesson and carried unanimously, that the proposed Sewer Assessment
District #6 be abandoned.
Mr. Philip Assaf will prepare the resolution abandoning the proceedings of
S.A.D. #6.
SCHEDULED ITEM NO. 3•
APPROVAL OF LEASE PURCHASE AGREEMENT WITH PALO ALTO SCHOOL DISTRICT FOR THE
LITTLE LEAGUE PROPERTY,
City Manager reviewed the previously agreed lease/purchase agreement of the
Little League Ballpark from the Palo Alto School District, which provides
fox the Town to lease the property for a period of three years paying
approximately $11,000 each year and then purchasing it for $1.00.
MOTION, SECONDED AND CARRIED: Councilman Benson moved, seconded by Davey
and carried unanimously by roll call vote, that the Council approve the
lease/purchase agreement with Palo Alto School District for the Little
League property on Purissima Road.
UNSCHEDULED ITEM NO. 1:
DISCUSSION ON AMENDMENT TO ZONING ORDINANCE TO ALLOW CONSIDERATION OF A USE
( PERMIT BY THE DAUGHTERS OF CHARITY (Mt. Helen):
Staff stated the Planning Commission had recommended approval of the
proposed amendment and that if the Council wishes to proceed, a Public
Hearing should be scheduled for next meeting.
MOTION, SECONDED, AND CARRIED: Councilman Davey moved, seconded by Fowle,
that a Public Hearing be scheduled for next meeting to discuss the proposed
amendment.
Councilman Benson proposed an alternate Motion, seconded by Helgesson, that
additional study and discussion by Council was needed before a Public
Hearing is held.
Councilman Fowle moved the question, but relinquished the Floor to the
following speakers: A, M, Laws, 11210 Hooper Lane; G. Ferrari, 25800 Alta.
mont Road; and Mrs. F. Fava, 26691 Moody Road.
Discussion related to the "tax status" and whether pending resolution of
this proposed amendment need delay the consideration of the Use Permit
request.
Question was called on the Alternate Motion by Councilman Benson to discuss
the amendment at the April 20 meeting and determine then when a Public
Hearing should be agended.
ROLL CALL VOTE: Ayes: Councilmen Helgesson, Benson, Mayor Aiken. Noes:
Councilmen Davey and Fowle. Absent: None.
As a result of no obvious majority, Councilan Davey's Motion died.
-4-
UNSCHEDULED ITEM #2:
"SAVE OUR VALLEY" ACTION COMMITTEE REQUEST TO SUPPORT THEIR OBJECTION TO
THE SITE E ALVISO AIRPORT.
Councilman Davey reported that the Airport Study currently underway is
financed by ABAG, the Federal government, and BASAR (organization of the
three major Bay Airports - San Francisco, Oakland and San Jose) and that
their Phase I study will be completed in August.
Phase I includes an analysis of air passenger and cargo activity, aircraft
equipment, airport access and airport and airspace data. General and
military aviation will be included in the airspace data. No schedule has
been announced for Phase II, which will produce a Bay Area Airport System
Plan, based on facts generated by Phase I. This plan will recommend
alternatives for balancing the region's needs for future airport facilities.
Council discussion ensued relative to noise created from new ascent or
descent patterns, possibility of additional bay fill resulting, or whether
without additional information that Council support of the "Save Our Valley"
proposal to reject the Alviso Site E Airport might in fact result in a
worse location.
MOTION AND SECOND: Councilman Davey moved, seconded by Favle, that
Los Altos Hills oppose Site E Alviso Airport.
ROLL CALL VOTE: Ayes: Councilmen Davey and Fowle. Noes: Councilmen Benson,
Helgesson and Mayor Aiken. Absent: None. Motion died for lack of
majority vote.
UNSCHEDULED ITEM #5:
REQUEST FROM MR. LIONEL CAMPBELL TO RECONSIDER RESOLUTION NO.589.
City Manager stated that Mr. Lionel Campbell, 12259 Tepa Way, had requested
he be heard regarding action taken by the Council at the April 6 meeting.
Resolution No. 589 was passed requesting that the Santa Clara County Flood
and Water Control District take all steps necessary to effect the removal
of Mr. Campbell's sewer line from Adobe Creek which had been a continuing
nuisance and hazard to public health.
Speaking from the Floor were: Mr. and Mrs. Lionel Campbell, Mr. Lee Eequibel,
R. S., Santa Clara County Health Department; and Mr. Lloyd Fowler, Chief
Engineer, Santa Clara County Flood Control District.
Mr. Campbell explained that he currently was involved in a law suit with
the Santa Clara County Flood and Water District, and that he was claiming
damages resulting from their failure to stabilize the walls of the channel
which created turbulance and resulted in erosion, causing damage to his
sewer lateral.
MOTION, SECONDED AND CARRIED: Councilman Davey moved, seconded by Benson
and carried unanimously, that no further action be taken pending outcome of
the lawsuit.
UNSCHEDULED ITEM #3:
DRAINAGE PROBLEM ON PAGE MILL ROAD AT THE ENTRANCE TO BERRY HILL FARM.
`•�. MOTION, SECONDED AND CARRIED: Councilman Davey moved, seconded by
Helgesson and carried unanimously by roll call vote, that action for the
improvement of surface drainage at the entrance of Berry Hill Farm be
deferred to next year's budget with a lav priority.
-5-
UNSCHEDULED ITEM NO. 4•
t REP�l ON ACTION TAKEN RE: ASSESSOR'S PARCEL NO. 336-16-005 (MR. AND MRS. A.
A. SNARR) AND REQUEST FOR CQJNCIL'S CONCURRENCE.
Staff reported the Snarr's owned two lots, one on which their home is
located at 12561 Miraloma Way (1.209 acres) and an adjacent vacant lot of
.63 acre. This request that the vacant lot be declared "NOT A BUILDING SITE"
was so they would be assessed for only one unit of benefit in the
Summerhill Sewer District.
MOTION, SECONDED AND CARRIED: Councilman Davey moved, seconded by Benson
and carried unanimously by roll call vote, that Assessor's Parcel No.
336-16-005 belonging to Mr. and Mrs. A. A. Snarr be declared "NOT A BUILDING
SITE".
UNSCHEDULED ITEM NO. 6:
REQUEST FROM MR. GERALD HEITEL TO DISCUSS DRAIW.. 4 ON SUMMITWOOD ROAD.
Mr, Gerald Heitel, 1617 Queen Charlotte Drive, Sunnyvale, explained that he
is currently constructing a home on Lot #2, Tract #3244, Summitwood Road.
He claimed a condition of Site Approval, of which he was not aware, namely
the paving of the ditch in front of this property, was in his opinion unfair
and that the Tann had paved the ditch down to his property line and the
resultant flow of water had further eroded his part of the ditch. He felt
that since he was not aware of the requirement to pave and in view of the
subsequent erosion that the Town should be responsible for the naving of
his ditch.
Council explained that he was liable for the conditions of the Site Approval
and that the Town could in fact impose such conditions and his unawareness
was not cause for relieving him of his responsibility. Furthermore, although
this instance may have appeared inequitable, it was not the Town's intent
and historically at some time all residents tend to pay for something that
is perhaps beneficial to others.
MOTION, SECONDED AND CARRIED: Councilman Davey moved, seconded by Benson
and carried unanimously by roll call vote, that the Town would pay a share
of the cost of paving the Heitel's portion comparable to that paid for
running foot above the Heitel property.
Staff was requested to prepare a form that would serve as a receipt when
issuing the Site Approval and the attached conditions.
STAFF REPORTS:
1. City Manager reported pending outcome of the mountain study that LAFCO
agreed not to establish the sphere of influence boundary, but had indicated
preference to bottom line of Permanente Creek as designated by Cupertino.
2. Staff advised emergency stickers are on order and will be ready to mail
with Hills Association questionnaire.
3. Staff stated residents in the MMCP Plan Area have split into road
groups to iron out specific problems and will meet again on April 25, 1970.
4. Staff suggested that since the moratorium will end April 18, 1970, that
{ an emergency extension be considered. (SEE ORDINANCE NO. 169)
5. Staff advised of proposed State legislation that would declare fewer
than 5 lots not be considered a subdivision.
-6-
STAFF REPORTS cont'd.:
6. Councilman Benson reported on the Baylands Study and Moved, seconded
by Helgesson, and carried unanimously by roll call vote, that the Town of
Los Altos Hills appropriate $120.00 for their prorated share as allocated
by the County of Santa Clara for this study.
Discussion of this study is to be agended for another meeting.
ORDINANCES:
1. Ordinance No. 168, an ordinance prohibiting certain acts within the
limits of Parks, Preserves or Other Public Area, providing for Penalties
for Violation, and Declaring the existence of an emergency.
Due to the late hour, Council requested this ordinance be agended for
April 20 meeting to allow for study and review.
2. ORDINANCE No. 169, extending MMCP moratorium to April 20, 1970.
City Attorney introduced and read in its entirety Ordinance No. 169, an
ordinance of the Town of Los Altos Hills amending Ordinance No. 163 of said
Town and being an urgency measure effective immediately upon adoption.
MOTION, SECONDED AND CARRIED: Councilman Benson moved, seconded by
Helgesson and carried unanimously by roll call vote, that Ordinance No. 169
be adopted as read.
RESOLUTIONS:
fir 1. Resolution No. 590_, expressing gratitude for public service by Councilman
John M. Fowle.
City Attorney introduced and read in its entirety Resolution No. 590, a
resolution of the City Council of the Town of Los Altos Hills expressing
gratitude for the public service of Councilman John M. Fowle.
MOTION, SECONDED AND CARRIED: Councilman Davey moved, seconded by
Helgesson and carried by majority roll call vote, Councilman Fowle
abstaining, that Resolution No. 590 be adopted as read.
As a momento of the occasion and with the good wishes of the Town and
Council, Councilman Davey presented Councilman Fowle with a gavel.
WARRANTS:
MOTION, SECONDED AND CARRIED: Councilman Benson moved, seconded by
Helgesson and carried unanimously, by roll call vote, that the warrants
as presented in the amount of TWENTY-FOUR THOUSAND, SIXTY-TWO DOLLARS and
Eighteen Cents ($24,062.18) be approved and the City Clerk authorized to
draw the appropriate warrants.
ADJOURNMENT:
There being no further business, Mayor Aiken adjourned the meeting at
12:20 A. M. TO:
1W NEXT REGULAR MEETING: Monday, April 20, 1970 at 7:45 P. M. at the Town Hall.
Rctfuuly s b te
ILd
TED J. EK, Cit�Treasurer
TJX/mm-4/6/70 Town of Los Altos Hills
_7_