HomeMy WebLinkAbout03/03/1969CITY COUNCIL
T07VN OF LOS ALTOS HILLS
MINUTES OF A REGULAR MEETING
March 3, 1969
REEL 15 - SIDE 2 - TRACK 4 -- FOOTAGE 601 - 1300
REEL 15 - SIDE 1 - TRACK 2 -- FOOTAGE 003 - 846
Mayor Wm. Ross Aiken called the Regular Meeting of the City Council of the
Town of Los Altos Hills to order at 7:58 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, Helgesson, Mayor
Aiken. Absent: Fowle.
PLANNING COMMISSION REPRESENTATIVE: Commissioner Don T. Hibner
TOWN CONSULTANT: L. W. Morse
APPROVAL OF MINUTES: February 17, 1969.
Councilman Helgesson moved, seconded by Benson, and carried unanimously, that
the Minutes of February 17, 1369 be approved as submitted.
COMMUNICATIONS:
Acting City Manager, Dennis R. Lahr, read the following communications: 6 O -7
1) Jack W. McKittrick, 12670 Viscaino Court, dated February 17, 1969,
recommending Council consideration of underground utilities conversion
proceedings.
2) Hugh Jackson, 22608 San Juan Road, Cupertino, dated February 19, 1969,
requesting temporary utility service by Pacific Gas & Electric Co. be
authorized for adobe garage located on a parcel approximately .5 acres on
Purissima Road, recently purchased from the State of California.
Council concurred that this request should be considered later in the Agenda.
3) Petition dated February 19, 1969, signed by five property owners in
Rosehill states Subdivision requesting Planning Commission study of Parkside
Subdivision intersection plans at Taaffe and Altamont Roads.
Council concurred the request should be referred to the Planning Commission.
ANNOUNCEMENTS:
1. Councilman Davey stated the Committee for Green Foothills will meet on 6 3 U
March 13th at 6:00 P. M., Terman Junior High School re Area and Natural
Resources.
2. Mayor Aiken reported on the County Sanitary Sewer District, which includes
the Summerhill Area designated as LAHI. Mayor Aiken stated the County Board
of Supervisors had conformed to the Los Altos Hills sewer policy and, as a
consequence, the following actions had resulted:
a) The County requirement of connection by property owners within 200'
of a sewer line had been deleted in Los Altos Hills.
b) Property owners not desiring to connect to the sewers can have their
assessments reduced by the amount of the connection charge ($104.50)
ANNOUNCEMENTS: County Sanitary Sewer District cont'd.:
6 b) plus the lateral charge ($250.00). Mayor Aiken further noted property
owners in LAH1 would not be required to install house laterals nor fill
their septic tanks, thereby saving an estimated cash outlay of $400/3GO.
Mr. C, 'Walter, 24240 Summerhill Road, stated that County Officials had in-
formed him that property owners must request exclusion, in writing, of
lateral and connection charges. Acting Manager confirmed this, noting the
County would contact all property owners in LAH1 who had protested, informing
them that a written request would be needed to reduce the assessment by the
amount of the lateral and connection charge.
SCHEDULED ITEM NO. 1: 6 g s
NOISE ABATEMENT COMMITTEE REPORT AND RECOMMENDATION FOR ACTION RE: PROPOSED
TRUCK BAN ON JUNIPERO SERRA FREEWAY.
Donald A. Miller, Chairman of the Noise Abatement Committee, reported on
recent Committee activities and stated the Committee is attempting to obtain
legislation relative to adequate vehicle mufflers and a reduction in noise
level standards. Mr. Miller reviewed trial subscription to a weekly news-
letter "Air and Water News" and recommended the subscription be continued
for the remainder of the year at a cost of $96.90.
Mr. Miller reported on Committee review of the State Division of Highways
report relative to the proposed ban of trucks from Interstate 280 within
Los Altos Hills, recommending the following actions be taken:
1. The City Manager forward a letter drafted by the Committee to the
State Highway Engineer, commenting on the State report and recommending
certain actions.
2. A new resolution be passed for forwarding to the Director of Public
Works, proposing a ban of trucks from Route 2803,with the following
provisions:
a) Initial trial period of one (1) year.
b) Trucks of 4.5 tons or greater to be banned.
c) Ban to be effective on week days from 5:00 P. M. to 7:00 A. M.
and on weekends and holidays.
3. The City Manager forward to neighboring Peninsula communities a letter
informing them of the above actions and enclosing copies of the letter
to the State Highway Engineer and resolution.
Mr. Miller presented the draft letters for Council review and requested
their direction concerning general concurrence with the Committee's
recommendations.
MOTION, SECONDED AND CARRIED: Councilman Benson moved, seconded by Davey
and carried unanimously, that the Council support in principle the recommenda-
tions of the Noise Abatement Committee.
SCHEDULED ITEM NO. 2: g 13
CONSIDERATION OF PETITION REQUESTING LIMITATIONS ON THE NUMBER OF ANIMALS
MAINTAINED ON AGRICULTURAL PROPERTY.
Acting Manager read the following communications:
1) Petition dated February 25, 1969 signed by 47 residents in the vicinity
of Manuella Road, requesting Council consideration of Zoning Ordinance
-2-
SCHEDULED ITEM NO. 2: Zoning Ordinance Amendments contI d.:
amendments providing a limitation on the number of horses and other animals
which can be maintained on agricultural property.
2) Richard W. Nowels, 14465 Manuella Road, dated February 24, 1969, request-
ing the property owned by Mr. Ernest Le Pera on Manuella Road be rezoned to
restrict the number of horses to two per acre.
3) Mr. H. C. Booth, 4280 Manuella Avenue, Palo Alto, dated February 27, 1969,
requesting removal of horses from the Le Pera property due to sanitary
reasons.
4) Fred C. Roberts, Santa Clara County Vector Control Specialist, dated
February 27, 1969, noting approximately 55 horses are confined within the
Le Pera property and that formidable amounts of manure are concentrated in
a relatively small area. Mr. Roberts stated many residents in the immediate
area would be adversely affected by the fly problem created by the horses.
5) Dr. Philip Haims, Santa Clara County Veterinarian, dated February 28,
1969, recommending that if horses are kept on the Le Pera property on
Manuella Road, the following action be taken by May 1, 1969: 1) Stables
be built; 2) well drained feeding areas be constructed; 3) good sanitation
procedures be enforced to prevent mosquito and fly problems.
Acting Manager noted the 10.3 acre parcel is not approved as a building site,
is classified as agricultural property, and, pursuant to the requirements of
the Town Zoning Ordinance, is not subject at this time to limitation on the
number of animals that can be maintained.
Council discussion ensued concerning alleviation of the excessive number of
horses on the property, with floor participation by Ernest Le Pera, Colin
Peters, 21563 La Loma Drive, attorney representing Mr. Le Pera, and the
following speaking in opposition: William Downey, 14330 Deeell Drive (read
letter from State Animal Protection and Humane Society, stating present
conditions are not suitable to breeding horses), David Janssen, 27440 Sherlock
Road, B. W. Pierce, 14371 Manuella, L. M. Ferris, attorney representing
Mr. R. W. Nowles, Gardner Bullis, 14085 Manuella, Mrs. Dorothy Evans of
De Bell Drive.
Mr. Le Pera stated that it was his intent to maintain 20-25 horses on his
property on Manuella Road and that the remaining horses would be moved to
Santa Cruz within three weeks. Mr. Le Pera noted immediate removal of all
excess horses was prohibited by the unavailability of temporary stabling
facilities in neighboring communities and the difficulties with logistics
of obtaining access to the Santa Cruz Mountains to feed all the horses at
this time. Mr. Le Fera stated his desire to offer immediate cooperation to
the Council and County Health Department.
MOTION, SECONDED AND CARRIED: Councilman Benson moved, seconded by Helgesson
and carried unanimously, that the Planning Commission be requested to review
possible amendments to the Zoning Ordinance regarding animal limitations to
be placed on agricultural property.
Council concurred that Mr. Le Pera should proceed to provide adequate
fencing on the property immediately, and requested Staff to report in two
4 weeks concerning fencing improvements and progress on reducing the number of
horses maintained on the property to a total of twenty.
Ike
RECESS: 9:25 P. M.
RECONVENED: 9:30 P. M. s a — t ^ Y
-3- 1300
REF I. If
SCHEDULED ITEM NO. 3: S.I +--2
REPORT ON ILLEGAL PARKING DURING USE OF FOOTHILL COLLEGE STADIUM, AND O tl 3
` CONSIDERATION OF POSSIBLE ENACTMENT OF MORE STRINGENT CONTROLS.
Mayor Aiken reported on progress occurring on actions previously recommended
by the Council to Foothill College in an attempt to alleviate problems
created by increased utilization of Foothill College Stadium, noting Foothill
College officials have been extremely cooperative. Mayor Aiken noted the
enactment of more stringent regulations by the Town on illegal parking may
be needed to provide adequate protection of Town residents' property rights.
City Attorney reported the normal fine levied for illegal parking was
usually $1.00 or $2.00. City Attorney stated that at the Mayor's request,
he had investigated the possibility of providing tow -away zones off campus
and that these could be provided by amendment to the Town's Traffic Ordinance.
Mayor Aiken stated tow -away zones would have the desirable effect of increas-
ing the fine for illegal parking, besides making violators responsible for
towing charges.
Council discussion ensued concerning parking violations occurring in the
vicinity of Foothill College, with Floor participation by Mr. Frank Shriver,
President of Los Altos Hills Association, Mr. C. D. Marron, Field Enforcement
Supervisor, Santa Clara County, H. K. We y,25490 Crescent Lane, Mrs. W. T.
Samuels, 10800 Magdalena Road, and E. Wasson, 24095 Oneonta Drive.
Council directed Staff to refer this matter to the Law Enforcement Committee
and to provide notice of the Committee meeting to those residents having
expressed an interest by appearing at the Council meeting.
Council also requested Staff to check reflectorized barricades in the
vicinity of Foothill College and to investigate installation of asphalt
curbsto prevent double parking along roadways.
UNSCHEDULED ITEM NO. 1: (' p
WHEELER, OLIV'ER, TRACT NO. 4184, Final Map - 2 lots, 18+ acres, Central 11
Drive. Engr. E. Mastin.
Acting Manager read letter from Mr. Oliver `Aheeler dated February 28, 1969,
requesting continuance to the March 17th meeting.
MOTION, SECONDED AND CARRIED: Councilman Helgesson moved, seconded by -,
Benson and carried unanimously, that the Final Map of Oliver Wheeler, _
Tract No. 4184, be continued to the March 17th meeting.
UNSCHEDULED ITEM NO. 2
REPORT ON MAGDALENA ROAD RIGHT-OF-WAY BOUNDARIES AND PUBLIC AND PRIVATE ' 3
IMPROVEMENTS THEREIN, IN THE VICINITY OF L. E. HARRIS RESID314CP AT
10950 Magdalena Road.
Staff report was presented, noting the following:
1) The fence on the Samuels property on the westerly side of Magdalena
extends approximately two feet (21) into the public right-of-way. Staff
recommended that slides occurring along the westerly side of Magdalena
be repaired by the Town as soon as weather permits and that the Samuels
be notified that they could be required at some tine in the future to remove
the fence from the public right-of-way.
-4-
UNSCHEDULED ITEM NO. 2: cont'd.:
2) Sufficient right-of-way exists on the easterly side of Magdalena in the
vicinity of the Harris property to allow installation of a Town path.
Acting Manager noted this item had been referred to the Path Committee at
the Mayor's request.
3) Complaints regarding traffic problems in this area were being investigated
by Staff.
4) Improvements to the Eckhardt driveway and drainage ditch along the
westerly side of Magdalena have been completed to alleviate drainage run-off
sheeting across Magdalena on to the Harris property.
Acting Manager noted the major problem remaining unresolved was the initial
question raised by Mr. Harris requesting that drainage run-off from above
not be diverted on to his property. Acting Manager noted that previous
Council action had indicated that the water is being diverted to a natural
drainage course that existed across the Harris property prior to construction
of the residence. Acting Manager stated engineering estimates revealed a
cost of approximately $1,500.00 would be invlved in redirecting the drainage
run-off along the westerly side of Magdalena instead of following its present
course on to the Harris property.
Council discussion ensued concerning potential drainage solutions, with
Floor participation by Capt. L. E. Harris, Mrs. 4. T. Samuels, L. W. Morse,
Town Consultant. The following points were clarified during Council
discussion:
1) The 8" pipe under the Eckhardt drive on the westerly side of the road
would not be sufficient to adequately handle the increased drainage volume
in the event the water were diverted from its present course. Therefore,
diversion to the westerly side of Magdalena was not feasible due to cost of
improvements involved, as well as additional liabilities that would be
incurred by diverting the run-off.
2) Capt. Harris has a legal responsibility to accept the water on to his
property due to the prior existence of the natural water course.
3) City Engineer stated that, until the Drainage Committee submits a plan
for financing Town -wide improvements, there are no detailed plans available
for Magdalena Road.
MOTION: Councilman Helgesson moved that this matter be continued for further
study.
Motion died for lack of a Second.
UNSCHEDULED ITEM NO. 3:
CONSIDERATION OF AUTHORIZATION OF DRAINAGE IMPROVEMENTS IN THE VICINITY OF 3 S3
G. E. DEADERICK RESIDENCE AT 26951 ELENA ROAD.
Staff report was presented, noting the City Engineer has recommended the
expenditure of $1,200.00 for correction to existing public improvements in
the vicinity of G. E. Deaderick residence at 26951 Elena Road. Staff further
noted construction would involve the construction of a catch basin on the
easterly side of Elena Road and the obtaining of a public easement on the
Deaderick property.
City Attorney stated this situation should be differentiated from that on
Magdalena Road where the Town had the right to put water on its natural
-5-
UNSCHEDULED ITEM NO. 3 cont'd
60 course and that proposed improvements on Elena Road would correct deficiepoi:os
in existing public improvements.
MOTION, SECONDED AND CARRIED: Councilman Helgesson moved, seconded by
Benson, that the Council approve the engineering plan for drainage improve-
ments in the vicinity of 26951 Elena Road and authorize the expenditure of
$1,200.00 for same, was carried by the following roll call vote: Ayes:
Councilmen Benson, Davey, Helgesson, Mayor Aiken. Noes: None. Absent:
Councilman Fowle.
UNSCHEDULED ITEM NO. 4:
CONSIDERATION OF PLANNING COMMISSION RECOMMENDATION FOR PROPOSED PLANNING ,3 9
STUDY RE: GENERAL PLAN REVISION, CIRCULATION ELEMENT, ETC.
Staff report was presented reviewing the proposed study by 'William Spangle
and Associates for General Plan revision and preparation of a circulation
plan with appropriate street standards, based on the recommendations of the
Private Road Committee. Staff stated the Planning Commission had unanimously
recommended Council implementation of the William Spangle & Associates'
proposal on the following schedule:
Phase I, Iten 1 - (Detailed Work Program) To be started
immediately this 1968-69 Fiscal Year.
Phase I, Items 2
through 8 - The remaining items in Phase I to be
started as soon as possible in the new
Fiscal Year of 1969-70.
Phases I and II - To be completed within the 1969 Calendar
Year.
Planning Commission concurred that all phases should be completed
within a two year period.
Acting Manager stated funds were available to initiate Item 1 of Phase I
pertaining to preparation of a detailed work program, and that additional
financial considerations for the entire planning study could be incorporated
into budgetary sessions to be initiated in April for the coming fiscal year.
Council concurred that William Spangle & Associates should provide a cost
estimate for the undertaking of the detailed work program outlined in
Phase I and proceed in close cooperation with the Town Staff.
MOTION, SECONDED AND CARRIED: Councilman Helgesson moved, seconded by
Benson and carried unanimously, that the Council accept and approve the
recommendations of the Planning Commission regarding the William Spangle &
Associates' planning proposal dated February 21, 1969 and that Phase I,
Item 1, should proceed immediately.
Council requested Commissioner Hibner to relay the Council's appreciation
to the Planning Commission for their thorough efforts which had been
responsible for initiating and implementing the proposed planning study.
STAFF REPORTS:
AW Acting Manager:
1. Reviewed mud slide occurring Friday, February 28 in the vicinity of
Anacapa Drive and in the immediate vicinity of the Domenic residence, stating
that, due to the state of emergency existing, Town equipment had been used
in the vicinity of the Domenic residence to provide a drainage channel for
water coming down the hillside so as to alleviate immediate danger to the
Domenic residence. Acting Manager stated that Charles S. McCandless & Co.
and Crosby & Associates (soil and foundation engineers) had been requested
by the Staff to inspect conditions regarding homes in the immediate vicinity
of the slide area, as well as potential hazard existing to LaCresta Drive
above the slide area, and that both sources had concurred that no imminent
slide danger existed in regard to either the adjacent residences or LaCresta
Drive. Acting Manager noted City Attorney had reviewed the site on Friday
and that the Town's insurance carrier had been notified of the situation,
even though no apparent Town liability existed.
Mr. R. Domenic expressed his appreciation to Councilman Helgesson and Mr.
Clayton J. Smith for their time and efforts on behalf of the Town to alleviate
the situation. Mr. Domenic inquired as to why he had not been notified that
a mud slide on the private road above his residence had occurred on Tuesday,
February 25th. Mr. Domenic also requested the Town to initiate action
requesting the property owners located in the vicinity of the private read
above his property to take immediate action to eliminate the hazard presented
by mud currently remaining in the canyon located above the Domenic residence.
City Attorney stated the Town had no legal responsibility to notify property
owners of problems occurring on private property and that the solution of
current problems should be strictly a private matter.
Council discussion ensued concerning future repairs to the private road and
Town control and participation in same, with Floor participation by Com. P.
Weisbart, C. Walter, and D. Jansson. The following points were clarified
during Council discussion:
a) Council concurred that a letter, to be checked by the City Attorney,
should be sent to property owners in the vicinity of the private road,
requesting their cooperation in alleviating the potential hazard to the
Domenic residence and that this letter should indicate the possible alterna-
tive of improving the subject road to Town Standards for a public road and
offering same for dedication.
b) Adequate control of future road design, including drainage improvements,
would be assured by compliance with the Site Development Ordinance.
2. Reviewed memorandum from Planning Commission Chairman Perkins recommending
that 34 aerial photos be acquired by the Town for historical and planning
purposes.
MOTION, SECONDED AND CARRIED: Councilman Benson moved, seconded by Davey,
that the Town purchase the twenty-three (23) photos classified as Category G
and the eleven (11) photos classified as Category EG, the second category
to be made available for purchase by interested Town residents;and that the
Staff be directed to negotiate the purchase price with Mr. Hatfield, subject
to a maximum expenditure of $5.00 per photo, was carried by the following
roll call vote: Ayes: Councilmen Benson, Davey, Hclgesson, Mayor Aiken.
Noes: None. Absent: Councilman Fowle.
-7-
STAFF REPORTS: cont'd.:
City Engineer: 6 �S
1. City Engineer presented for Council review Revised Master Plan for Storm
Water Drainage dated March 3, 1969, as previously authorized by the Council.
City Engineer noted the report was complete, except for back-up engineering
calculations which would be forwarded to the Drainage Committee this week.
City Attorney:
1. Reviewed slide occurring on the undeveloped property of J. P. Kilburn,
in the vicinity of Anacapa Drive, and recommended that he transmit a letter
to Mr. Kilburn notifying of the situation and requesting assistance in
clean-up activities on Anacapa Drive.
PRESENTATIONS FROM THE FLOOR: 4`7 j
1. Mrs. F. Fava, 26691 Moody Road, presented to the Council framed copy of
original Town Platform of Incorporation. Council expressed their apprecia-
tion to Mrs. Fava.
2. Communication of Hugh Jackson continued.
Staff noted that the Notice of Sale by the State of California for the
subject .5 acre parcel on Purissima Road had clearly stated that the property
did not conform to the requirements of the Town Zoning Ordinance; that
Mr. Jackson had discussed utilization of the property with Town Staff
members prior to his purchase of the property; and, that Mr. Jackson had
been informed that the property did not meet the requirements of Town
Ordinances.
Mr. Jackson requested an electrical service to enable adequate repair of the
structure and utilization as a storage facility. City Attorney stated the
only utilization permitted under the Town Ordinances would be the pre-existing
use as a garage.
Council expressed their regret that they could not assist Mr. Jackson, due
to ordinance restrictions which preclude connection of utility service.
3. Commissioner Hibner announced that the Los Altos Fire District has
obtained the services of a local architect and is proceeding with construc-
tion plans for the new fire station, to be located on a site acquired in
the vicinity of Arastradero and Purissima Roads.
RESOLUTIONS:
1. Resolution No. 512, awarding sale of bonds, S.A.D. #2.
City Attorney reviewed bids received on bonds totalling $49,237.50 for
Sewer Assessment District No. 2, noting that three extremely favorable bids
had been received in view of the small size of the bond issue, the length
of time District #2 had been involved in litigation and the 6% interest
rate limitation imposed on the bond issue.
City Attorney recommended the sale of bonds for Sewer Assessment District #2
be awarded to Gross & Company, Inc., of Lafayette, California, pursuant to
their low bid of 97.31% of par value, with bonds bearing interest at the
rate of 5.80% per annum.
M
RESOLUTIONS: RES. #512, S.A.D. #2 cont'd.:
LCity Attorney introduced and read in its entirety Resolution No. 512,
awarding sale of bonds, Town of Los Altos Hills, Sewer Assessment District
No. 2.
MOTION, SECONDED AND CARRIED: Councilman Davey moved, seconded by Helgesson,
that Resolution No. 512 be adopted as read, was carried by the following
roll call vote: Ayes: Councilmen Benson, Davey, Helgesson, Mayor Aiken.
Noes: None. Absent: Councilman Fowle.
-O
ORDINANCES:
1. Ordinance No. 155 - Second Reading.
City Attorney read the title of Ordinance No. 155, an ordinance of the City
Council of the Town of Los Altos Hills, amending Ordinance No. 140,
establishing class salary schedule for the fiscal year 1968-69.
MOTION, SECONDED AND CARRIED: Councilman Benson moved, seconded by
Helgesson, that further reading of Ordinance No. 155 be waived, was carried
unanimously by the following roll call vote: Ayes: Councilmen Benson, Davey,
Helgesson, Mayor Aiken. Noes: None. Absent: Councilman Fowle.
MOTION, SECONDED AND CARRIED: Councilman Davey moved, seconded by Helgesson,
that Ordinance No. 155 be adopted as read, was carried unanimously by the
following roll call vote: Ayes: Councilmen Benson, Davey, Helgesson, Mayor
Aiken. Noes: None. Absent: Councilman Fowle. p
WARRANTS: . j Z
MOTION, SECONDED AND CARRIED: Councilman Benson moved, seconded by Helgesson,
that bills as presented in the amount of FOUR THOUSAND, SIX HUNDRED EIGHTY-
EIGHT and Forty -Five Cents ($4,688.45) be approved, and the City Clerk
authorized to draw the appropriate warrants, was carried by the following
roll call vote: Ayes: Councilmen Benson, Davey, Helgesson, Nuayor Aiken.
Noes: None. Absent: Councilman Fowle.
OTHER BUSINESS BY COUNCILMEN:
1. Mayor Aiken commended the Los Altos Hills Association for the coverage
in their latest Newsletter regarding how to discourage burglaries.
2. Mayor Aiken commended Acting Manager concerning dispatch of communica-
tions and agenda items.
3. MOTION, SECONDED AND CARRIED: Councilman Benson moved, seconded by
Davey and carried unanimously, that the Council express their appreciation
to and commend Mr. Lowell W. Morse for services rendered to the Town as
City Manager and Town Consultant during the past two years. rpt/
ADJOURNMENT: At 11:40 P. M., the Mayor adjourned the meeting to: d 7 6
REGULAR MEETING: Monday, March 17, 1969, at 7:45 P. M. at the Town Hall.
DRL/mam
3/3/69
R�1pectfully suubbmJitteedd, /
IS R. LAHR
Acting City Manager
Town of Los Altos Hills