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HomeMy WebLinkAbout01/06/1969CITY COUNCIL TOWN OF LOS ALTOS HILLS MINUTES OF A REGULAR MEETING January 6, 1969 REEL 14 - SIDE 1 - TRACK 3 -- FOOTAGE 00-802 Mayor Wm. Ross Aiken called the Regular Meeting of the City Council of the Town of Los Altos Hills to order at 7:53 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, Mayor Aiken. Absent: None. PLANNING COMMISSION REPRESENTATIVE: Commissioner P. Weisbart TOWN CONSULTANT: Mr. L. W. Morse APPROVAL OF MINUTES: December 16, 1968. Councilman Helgesson moved, seconded by Benson and carried unanimously, that the Minutes of December 16, 1968 be approved as submitted. COMMUNICATIONS: 4' Acting City Manager Dennis R. Lahr read the following communications: 1) Capt. L. E. Harris, USN (Ret.), 10950 Magdalena Road, letter dated December 18, 1968 regarding drainage problems. Council discussion followed and an oral report from the City Engineer in- dicated that the problem is aggravated by an underground spring and should be studied further. Council directed the Staff to agenda a report from the City Engineer for the January 20th meeting, and concurred that matters of correspondence should be confined to correspondence and not to discussion until the matter is either properly agended or taken up under New Business. 2) Copy of transmittal memo to the Board of Supervisors from James T. Pott, County Director of Public Works re Los Altos Sanitary Sewer and Capacity Acquisition District. Acting City Manager stated that late developments regarding this matter would be brought up under Staff Reports. 3) Acting City Manager summarized the contents of a letter from Pacific Gas & Electric Co. notifying the Town of a proposed rate increase (approximately $1.20 per month). 4) Frank J. Taylor, 12781 W. Sunset Drive, commending the County Sheriff's Department. Letter was referred to the Law Enforcement Committee. 5) Closing Crime Report from the Sheriff's Office re: marijuana cultivation discovered by the Town's Building Inspector. 4%V 1. VLos Altos Hills will serve as the Host City for the Inter -City Council 8 5 meeting, to be held at Adobe Creek Lodge, on Thursday, January 9, 1969. ANNOUNCEMENTS cont'd.: �.2. Los Altos Hills Citizens Committee reviewing Adobe Creek Lodge will meet at the Town Hall on Thursday, January 16, 1969 at 7:30 P. M. 3. Acting City Manager introduced the Town's new employee, Mr. Tom Maudlin, who has assumed his position as Code Enforcement Inspector for the Town, effective January 1, 1969. SCHEDULED ITEM NO. 1: V7 REPORT ON FINDINGS OF BAY AREA POLLUTION CONTROL DISTRICT. Acting City Manager summarized the report of the Bay Area Air Pollution Control District dated December 18, 1968, which was presented at a public meeting at the Town Hall on December 19th. Mr. Lahr noted the following significant factors: 1) The fallout occurring in Los Altos Hills has been identified as "clinker dust" and the source determined to be the clinker coolers at the Kaiser Permanente Cement Plant. 2) Kaiser officials have installed a temporary mechanical filter to alleviate the problem and have publicly announced the proposed expenditure of $1,100,000 for permanent filters on the clinker coolers, to be operational by Fall of 1969. Mayor Aiken expressed the appreciation of the Town for the Bay Area Pollution Control District's response to the Town's request for their help and Council concurred that a letter of appreciation be sent to the Board. SCHEDULED ITEM NO. 2: CONSIDERATION OF RECREATION PROGRAM FOR PURISSIMA SCHOOL. Acting City Manager read staff report, noting the following: The Los Altos School District is requesting $1,000 in matching funds from the Town for an after school and summer program at Purissima School. The recreational activities are to be administered by the City of Los Altos Recreation Depart- ment and would be the same program which has existed the last ten years under the direction of the School District. The program would provide li hours activity following classes during the school year and 4 hours per day activity during the summer. The program is designed primarily for grades 3 through 6 and would be utilized by approximately 50 Los Altos Hills students per day during the school year. Acting City Manager further noted that if matching funds are not contributed by the Town there would be no such program at Purissima School; however, students in Los Altos Hills would still be able to avail themselves of the after school and summer Los Altos School facilities if they chose to go into Los Altos. Mr. Lahr also pointed out that in the 1966-67 fiscal year, the Town expended $500.00 for an after school hours program only, at Purissima School. Council discussion followed as to the need and scope of such a program in Los Altos Hills and the cost of the program. MOTION AND SECOND: Councilman Davey moved, seconded by Fowle, that the Town of Los Altos Hills expend $500.00 toward this program. Council discussion followed as to the right of the Town to overrule the voters who had turned down the bond issue, with Floor participation by Mmes. D. Miller, 13076 Vista del Valle Court, and Mrs. B. Ronsiek, 13023 Vista del Valle Court. Council concurred that additional information should be obtained on past utilization of the program and the matter agended for the January 20th meet- ing. Councilman Davey, with consent of the Seconder, withdrew the Motion. -2- UNSCHEDULED ITEM NO. 1: Iq Z ROSEHILL ESTATES UNIT #2 TRACT #4444 - FINAL MAP. Taaffe Road, 6 lots. Acting City Manager submitted staff report, recommending approval since all necessary subdivision documents have been executed and the Community Bank of San Jose has confirmed that $30,000 is available for completion of subdivision improvements. MOTION, SECONDED AND CARRIED: Councilman Benson moved, seconded by Helgesson and carried unanimously, that the Final Map of Rosehill Estates Unit #2, Tract #4444, be approved. UNSCHEDULED ITEM NO. 2: Z GOATES, FLOYD W. (UP -306-68) - Request for Use Permit and three variances for Secondary Dwelling at 13730 Burke Road. Staff report was presented noting that this application had originally been approved by the Planning Commission and returned by the City Council to allow correct notification of the variances involved, i.e., secondary dwelling on parcel less than one acre, kitchen facilities allowed on parcel less than 1.99 acres and request for setback reduction of 14111" in side setback. Acting City Manager reviewed Planning Commission's denial of the revised application, noting that the Planning Commission had been unable to find evidence of hardship required to grant the use permit and variances. Mr. James C. Hoffman, 12435 Hilltop Drive, attorney representing the applicant, appealed the Planning Commission's denial on the basis that the proposed use would not be injurious to the neighborhood and that a hardship existed due to the location of the property in close proximity to Adobe Creek and Shoup Park. Mr. Hoffman showed slides and aerial photographs, with overlays, of the surrounding areas noting the predominance of secondary dwellings surrounding the Goates parcel. Staff confirmed the existence of eight secondary dwellings in the immediate area, including one secondary dwelling across Burke Road that was approved by the City Council in 1962 on a ' acre site. Council discussion ensued concerning original permit issuance, limiting the duration of the use permit and characteristics of the neighborhood, with Floor participation by Mrs. Fava, 26691 Moody Court, Mrs. D. Miller, and Colonel Goates. In response to a question from Councilman Davey, Mr. Hoffman, Staff and Planning Commissioner Weisbart agreed that additional information to that considered by the Planning Commission had not been presented, but that the method of presentation had been improved. ( MOTION AND SECOND: Councilman Fowle moved, seconded by Helgesson, that the request of Floyd W. Goates (UP -306-68) for Use Permit for secondary dwelling at 13730 Burke Road and request for the following variances: (a) Request to allow secondary dwelling on parcel less than one (1) acre in net area; (b) Request to allow kitchen facilities in seconary dwelling on parcel less than 1.99 acres in net area; and (c) Request for setback reduction of 14111" in side setback to 1511" for existing caretaker's cottage, be approved, subject to the restriction that the use of the secondary dwelling be limited to the lifetime of Colonel Goates. Council discussion ensued concerning the compatibility with other existing secondary dwellings in the area. Staff confirmed that the Zoning Ordinance -3- UNSCHEDULED ITEM NO. 2: Goates cont'd.: %/" requires elimination of all non -conforming uses by 1976. AMENDMENT TO THE MOTION: Councilman Fowle moved, seconded by Helgesson, that the Motion be amended to delete the restriction of the use to the lifetime of Colonel Goates and make the approval "effective to the year 1976, at which time there will be a review of the use permit in light of existing circumstances." VOTE: The Amended Motion to approve the use permit and variances to the year 1976 was unanimously carried by voice vote. The following information was requested to be shown in the record: 1) Mayor Aiken: "That this was done, because it would be the only house in the area without this type of secondary dwelling and that the restriction on it would place it in the same category as the surrounding non -conforming uses in that it would be subject to foreclosure in 1976. 2) Mr. Morse: "This does not prejudice Ordinance No. 78, nor does it stand as a case of precedent for future action of this nature". 3) Councilman Davey: "Any new information should be sent back to the Planning Commission as a courtesy to them and her vote of approval was only in view of Commissioner Weisbart's statement that no new information had been presented to the Council." UNSCHEDULED ITEM NO. 3: 40 CONSIDERATION OF ORDINANCE PERMITTING LICENSING OF BICYCLES. 3 Acting City Manager presented staff report, noting that a need for such an ordinance has been indicated by the numerous inquiries from citizens of the Town who have been unable to get bicycles licensed. Local school districts, fire stations, etc, will not license bicycles for Los Altos Hills residents since the Town does not have an ordinance authorizing the collection of fees for such a purpose. Mr. Lahr further noted that an ordinance was previously considered by the Council and was not enacted due to a desire to prevent strict regulations of bicycles; however, the City Attorney has confirmed that it would be possible to authorize the collection of fees for licensing bicycles on a permissive rather than a regulatory basis. Council concurred that the Staff should proceed in the preparation of such an ordinance. UNSCHEDULED ITEM NO. 4: STAFF REPORTS. 1) Acting City Manager announced that the terms of Planning Commissioners Don T. Hibner and Arthur H. Lachenbruch will expire January 14, 1969, and will be an item of the Council Agenda for January 20th. Mayor Aiken announced the resignation of Planning Commissioner Kay B. Magleby, who has accepted a position out of State, and therefore that three vacancies would exist. 2) Acting City Manager stated that staff has met with Mr. A. Lambert re: obtaining a maximum redistribution of lots on Moody Court. Mr. Lambert is working with his engineer to determine the feasibility of obtaining two additional building sites in the upper portion of the subdivision and two large lots near Moody Road, in exchange for eliminating the present eight lots along Moody Court. A revised Tentative Map will be submitted in the near future. -4- %10- n PRESENTATIONS FROM THE FLOOR: None. RESOLUTIONS• (� 3 1. Resolution No. 498, providing for sale of bonds, Sewer Assessment District No. 2. Acting City Manager announced that the City Attorney has requested the read- ing of Resolution No. 498 be deferred, pending discussion with the bonding counsel, and further noted that litigation in Sewer Assessment District No. 2 has been satisfactorily dissolved. 2. Resolution No. 499, accepting improvements in Tract Nos. 3486 and 4074, Corbetta Subdivision Units #1 and #2. Acting City Manager introduced and read in its entirety Resolution No. 4992 a resolution of the City Council of the Town of Los Altos Hills, accepting improvements in Tract No. 3486 and Tract No. 4074. MOTION, SECONDED AND CARRIED: Councilman Fowle moved, seconded by Davey, that Resolution No. 499 be adopted as read, was carried unanimously by the following roll call vote: Ayes: Councilmen Benson, Davey, Fowle, Helgesson, Mayor Aiken. Noes: None. Absent: None. ORDINANCES: 0/ 1. First Reading: Ordinance No. 153, amending Ordinance No. 64 re: Business Licenses. Acting City Manager presented staff report, noting the following advantages by eliminating the pro -rating of business license fees on a quarterly basis and making the business license effective for one year duration: 1) Current pro -rating of fees costs the Town approximately $2,000 per year in revenue. 2) The expiration of all licenses on June 30th provides an unnecessary clerical congestion, combined with the close of the fiscal year. 3) Under current practices, the Town is discriminating in favor of those businesses and contractors who do a limited amount of work in the Town and therefore do not obtain a business license for a full year's duration. Acting City Mar Aver read the title of Ordinance No. 153, an ordinance of the Town of Los Altos Hills amending Ordinance No. 64, relating to business licenses. MOTION, SECONDED AND CARRIED: Councilman Davey moved, seconded by Benson, that further reading of Ordinance No. 153 be waived, was carried unanimously by the following roll call vote: Ayes: Councilmen Benson, Davey, Fowle, Helgesson, Mayor Aiken. Noes: None. Absent: None. WARRANTS: MOTION, SECONDED AND CARRIED: Councilman Benson moved, seconded by Helgesson, that bills as presented in the amount of TWENTY-SEVEN THOUSAND, SIX HUNDRED NINETY-FOUR and Eighty Four Cents ($27,694.84) be approved, and the City Clerk authorized to draw the appropriate warrants, was carried by the following roll call vote: Ayes: Councilmen Benson, Davey, Fowle, Helgesson, Mayor Aiken. Noes: None. Absent: None. -5- 71R OTHER BUSINESS BY COUNCILMEN: 4 1. Councilman Davey indicated her inclination to protest the proposed rate increase by Pacific Gas & Electric Co., due to an inclusion of an offset to the federal income tax surcharge and requested additional information. Acting City Manager stated that investigation revealed the income tax sur- charge is a very minor portion of the rate increase, approximately $.05 out of the total $1.20 increase per month proposed. Council concurred that no action should be taken at this time and also indicated their support for Councilman Davey's desire to see more revenue directed toward undergrounding utilities. 2. Mayor .Aiken reviewed current status of the County Sanitary Sewer District, noting that Los Altos and Santa Clara County had renegotiated the contract to decrease the size of the district and that LAH2 and LAH3 would be eliminated. Mayor Aiken further stated that Los Altos will request that the Town form a district for the entire portion of the Town draining toward Los Altos for the purpose of voluntary acquisition of treatment capacity rights. Mayor Aiken noted that this had been the Town's intent and requested the Staff to proceed with the preparation of district boundaries. Council concurred and indicated a registered letter should be sent to all property owners within district boundaries explaining facts and costs involved in the voluntary acquisition of capacity rights. ( 3. Mrs. F. Fava, 26691 Moody Court, requested Council's assistance in AF reducing traffic accidents on her property. Council requested staff to contact County officials to resolve the problem and to also confirm Mrs. Fava's legal jurisdiction regarding Moody Road with the City Attorney. Ia ADJOU'RNMFNT• At 10:05 P. M., Mayor Aiken adjourned the meeting to Executive Session re personnel. At 10:50 P. M., the Mayor reconvened the meeting, solely to adjourn to: NEXT REGULAR MEETING: Monday, January 20, 1969 at 7:45 P. M. at the Town Hall. mam/1/6/69 W...0 Res ectfully submitted, DENNIS R. LAHR Acting City Manager Town of Los Altos Hills