HomeMy WebLinkAbout04/21/1969CITY COUNCIL
TO+PN OF LOS ALTOS HILLS
MINUTES OF A REGULAR MEETING
April 21, 1969
Mayor ft. Ross Aiken called the Regular Meeting of the City Council of the
Town of Los Altos Hills to order at 7:50 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, Fowle, Helgesson,
Mayor Aiken. Absent: None.
PLANNING COMMISSION REPRESENTATIVE: Commissioner T. P. McReynolds
APPROVAL OF MINUTES: April 7, 1969.
Amendments:
Page 3, second paragraph, second sentence should read: 'and a dedication
transfers his rights'
Page 4, second paragraph, 3rd sentence, delete the word "as" and replace
it with "if".
Councilman Helgesson moved, seconded by Benson and carried unanimously
that the Minutes of April 79 1969 be approved as amended.
COMMUNICATIONS•
Assistant City Manager read the following communications:
1. D. J. Callaghan, Chief Administrative Officer, Bay Area Air Pollution
Control District, dated April 15, 1969, advising that the District is pre-
paring a folder presenting pertinent facts concerning prohibition of open
burning of rubbish effective January 1, 1970.
Council concurred this communication should be discussed under "Presentations
from the Floor".
2. Mr. and Mrs. Donald E. Spencer, Mr. and Mrs. M. G. Boissevain, Mr. and
Mrs. M. Stubbs, and Mrs. Florence Fava, dated April 15, 1969, requesting
Council's assistance in alleviating fire hazard on trails in the vicinity
of Moody Court and Sherlock Road, created by the felling of trees on the
property of David Jansson.
Council concurred discussion should be deferred to "Presentations from the
Floor".
3. Glen S. Taylor, 1229 Forest Avenue, Palo Alto, dated April 14, 1969,
requesting the Council rescind its previous approval of the Oliver Wheeler
Final Map, Tract No, 4184,
City Manager noted Mr. Wheeler's engineer had not completed revisions pre.
viously discussed by the Council and recommended discussion be deferred until
the new map is available. Council concurred.
COMMUNICATIONS cont'd.:
4. George W. Milias, State Assemblyman, dated April 14, 1969, explaining
[ introduction of AB2254, designed to tighten controls on noise levels of
motorcycles and other noisy vehicles operated on California roads.
Council concurred the letter should be forwarded to the Noise Abatement
Committee.
5. Carroll E. Bradberry, 26873 Moody Road, dated April 21, 1969, regarding
the abatement of uses in violation of the Zoning Ordinance at Adobe Creek
Lodge. Mr. Bradberry suggested the Council consider appointing a special
counsel due to possible conflict of interest by the City Attorney's associate
representing individuals who retain a financial interest in Adobe Creek
Lodge.
The City Attorney stated that neither he nor his associate represented
Mr. Bellucci, Mr. Martinelli or any other individual with interest in Adobe
Creek Lodge and noted the Council is free to seek outside counsel if it so
desires. Mr. Faisant further stated that Mr. Bellucci had been advised in
writing that alleged zoning violations would be terminated by legal action
if Mr. Bellucci had not responded to the City Attorney's letter of
March 26, 1969 by 5:00 P. M., Friday, April 25, 1969.
Council unanimously supported City Attorney's initiative in abatement of
the alleged zoning violations and further concurred that the Council was
completely satisfied that no one in Mr. Faisant's office represented any
conflicting interest in Adobe Creek Lodge.
6. Frank W. Shriver, 12451 Stonebrook, dated April 219 1969, urging the
City Council to consider a possible conflict between public and private
interests concerning a local water company drilling wells in Adobe Creek
at the same time the County Health Department came up with a new reason for
sewers, i.e., the need to keep Adobe Creek pure in case this water company
might want to use it. '
7. Marilyn D. Palm, Flying M Ranch, 25720 Altamont Road, supporting controls
and standards of horse care and requesting notification of meetings regard-
ing these matters.
Staff noted Mrs. Palm had been advised of the next Citizens Committee
meeting, April 23rd, 7:45 P. M., Town Hall, regarding these matters.
8. J. G. Gable, 11011 Magdalena Road, dated April 10, 1969, commending
Deputy Dan Johnson of the County Sheriff's Office for competency concerning
an illegal entry.
Mayor Aiken noted the Town's Code Enforcement Officer also provides a house
watch and urged residents to notify the Town Hall when they will be absent
from their homes.
9. Bart R. van Eck, President, Santa Clara County United Fund, dated
April 10, 1969, advising the United Fund will serve as a "clearing house"
of information regarding charitable appeals in Santa Clara County.
10. Rabbi Sidney Akselrad, Congregation Beth Am, dated April 15, 1969,
extending an invitation to the Council and Planning Commission to attend
the dedication of the new Beth Am Temple facilities on Sunday, May 4th at
2:00 P. M.
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SCHEDULED ITEM NO. 1:
CONSIDERATION AND POSSIBLE ACTION RE: ASSESSMENT DISTRICT FOR VOLUNTARY
RESERVATION OF SEWAGE CAPACITY TREATMENT RIGHTS, LOS ALTOS DRAINAGE BASIN.
Staff report was presented noting the Council had previously gone on record
in support of an assessment district for the voluntary reservation of sewage
capacity treatment rights in the area of the Town draining to Los Altos.
Staff noted the City of Los Altos has established a schedule of capacity
acquisition charges at $235.00 per unit, plus 7% compound interest annually
beyond 1969.
City Manager recommended a letter be sent to all affected property owners
explaining the voluntary assessment district, including an explanation of
present and future costs for reserving sewage capacity. City Manager stated
the reservation of sewage capacity would not insure nor guarantee that sewers
would actually be constructed.
Council discussion ensued, with Floor participation by Donald E. Spencer.
The following points were clarified during Council discussion:
1) The voluntary reservation of sewage treatment rights appeared reasonable
as it was noted that the City of Palo Alto had required everyone to sign
up for capacity rights.
2) This capacity district would be separate from individual assessment
districts for construction of sewers and that voluntary reservation in no
way obligates property owners to installation of sewers.
3) Council concurred resolutions to initiate the assessment district should
be considered later in the Agenda under "Resolutions".
SCHEDULED ITEM NO. 2:
MARTINELLI, FRANK L. SR., TRACT NO. 4114, 4 lots, Moody Road - Request for
extension of time to file Final Map.
Staff report was presented, recommending that the request of Frank L.
Martinelli, Sr, for an extension of one year to file Final Map be approved.
MOTION, SECONDED AND CARRIED: Councilman Benson moved, seconded by
Helgesson and carried unanimously, that the request of Frank L. Martinelli,
Sr., Tract No. 4114, for an extension of time for one (1) year to
June 18, 1970 for filing of Final Map be approved.
SCHEDULED ITEM NO. 3•
APPOINTMENT AND/OR REAPPOINTMENT TO FILL EXPIRED PLANNING COMMISSION TERM.
Staff report was presented noting the term of Planning Commission Chairman,
William A. Perkins had expired.
MOTION, SECONDED AND CARRIED: Councilman Davey moved, seconded by Benson
and carried unanimously, that the Council re -appoint William A. Perkins to
another four (4) year term on the Planning Commission, expiring March 4,
1973.
SCHEDULED ITEM NO. 4:
ELECTION OF MAYOR AND DEPUTY MAYOR.
Staff report was presented, noting the one year term of Deputy Mayor has
expired and that there is a conflict of history concerning whether the
Mayor's term consists of one year or two years. Council concurred to elect
a Mayor to a one year term to avoid possible controversy.
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Election of Mayor and Deputy Mayor cont'd.:
ELECTION OF MAYOR:
Councilman Benson nominated Wm. Ross Aiken for the Office of Mayor.
MOTION, SECONDED AND CARRIED: Councilman Benson moved, seconded by Fowle
and carried unanimously, that Nominations be closed and the Secretary be
instructed to cast a White Ballot for Wm. Ross Aiken for the office of Mayor
for a term expiring April 21, 1970.
ELECTION OF DEPUTY MAYOR:
Councilman Helgesson nominated Walter A. Benson for the Office of Deputy
Mayor.
MOTION, SECONDED AND CARRIED: Councilman Helgesson moved, seconded by Fowle,
and carried unanimously, that Nominations be closed and the Secretary be
instructed to cast a White Ballot for Walter A. Benson for the office of
Deputy Mayor for a term expiring April 21, 1970.
SCHEDULED ITEM NO. 5:
WHITCOMB, GLADYS A. (335-67) 3 lots, Arastradero Road. Request for declara-
tion of Lots #1 and #3 as building sites.
Staff report was presented, noting the three lot subdivision on Arastradero
Road had been approved, subject to the condition that Lots #1 and #3 be
declared "Not a Building Site" until sanitary sewers are available. City
Manager stated S.A.D. #3 sewer lines are available and recommended approval
of the request for declaration of Lots #1 and #3 as building sites, subject
to the following original conditions of the Check List:
1) Payment of $450.18 path in -lieu fee.
2) Payment of $46.80 park in -lieu fee.
3) Bond agreement or cash in -lieu of bond agreement be executed for land-
scaping required along southerly side of Arastradero Road and westerly
side of 32' driveway easement.
4) In -tract and off -tract roads and drainage as required by City Engineer.
5) Underground utilities.
6) Approval of City Engineer, Fire District, Santa Clara Health Department,
and adequate water service.
7) Existing residence (lot #2) be designated a non -conforming use.
John W. Riley, applicant's engineer, submitted letter from the Transamerica
Title and Insurance Co. dated April 21, 1969, advising Mrs. Whitcomb had
instructed them to withhold for payment to the Town of Los Altos Hills the
sum of $496.98 (representing path and park in -lieu fees).
Council discussion ensued concerning underground utilities and landscaping,
with Floor participation by J. W. Riley, Pierre Leroux, 26970 Arastradero
Road, and Mrs. N. C. Carter, 1188 Laureles Drive, Los Altos.
The following points were clarified during Council discussion:
1) In -lieu fees and landscaping bond agreement would be paid and executed
prior to issuance of any building permits.
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SCHEDULED ITEM NO. 5: Whitcomb cont'd.:
2. City Attorney stated that subdividers had never been required to install
all utilities and that it would be the responsibility of new residents and/or
owners to provide underground utilities from existing utility sources to each
individual lot.
3. Applicant's engineer requested clarification of landscaping requirements.
Staff recommended original landscaping requirements of the Check List noted
above be required. Council concurred.
MOTION, SECONDED AND CARRIED: Councilman Fowle moved, seconded by Benson and
carried unanimously, that the request of Mrs. Gladys A. Whitcomb (335-67) for
declaration of Lots #1 and #3 as building sites be approved, subject to the
conditions of the Check List and that the applicant have a maximum of four (4)
months to fulfill said conditions.
Council concurred that the record should clearly state that any purchaser of
Lots #1 and #3 would be obligated for the installation of underground
utilities.
UNSCHEDULED ITEMS:
1. ROBSON, ROBERT W. (V-320-69) - Request for 1216" reduction in side set-
back to 1716" for pool at 10723 Magdalena Road.
Staff report was presented, noting the Planning Commission had unanimously
approved the variance request and that the variance appeared necessary to
provide adequate location, due to topographic limitations of the lot. Staff
noted a private drainage problem exists on the lot and that the owner has
agreed to correct same in connection with the pool construction.
Council discussion ensued concerning the drainage and Council concurred the
variance did not directly relate to this private drainage problem.
MOTION, SECONDED AND CARRIED: Councilman Fowle moved, seconded by
Helgesson and carried unanimously, that the variance request of Robert W.
Robson (V-320-69) for 1216" reduction in side setback to 1716" for pool at
10723 Magdalena Road be approved.
2. CURRIE, GERARD (SSA -51-69) 12.788 acres, O'Keefe Lane.
Staff report was presented, noting the Planning Commission had unanimously
recommended approval, subject to the requirement of a 5' pathway easement
along the easterly boundary of the property and a floating path easement be-
tween O'Keefe Lane and the southwest corner of the property (location of the
path easement to be determined within six months and a rolled gravel path
without headers to be constructed). Staff noted Commission approval stated
that there be no implied approval of the proposed access, driveway, road,
stable, pool or residence.
Council discussion ensued concerning path requirements, with Floor participa-
tion by Mr. Currie and Mrs. D. Saviano, Pathway Committee Vice -Chairman.
Council concurred that since the path might properly be aligned either along
the southern boundary adjacent to the Freeway or along the proposed future
cul-de-sac, that a path should not be constructed and in -lieu path fees
should be required.
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UNSCHEDULED ITEM NO. 2: Currie cont'd.:
MOTION, SECONDED AND CARRIED: Councilman Benson moved, seconded by Fowle
and carried unanimously, that the request of Gerard Currie (BSA -51-69),
12.788 acres, O'Keefe Lane, be approved, subject to the conditions of the
Check List as modified to require a 10' pathway easement and in -lieu path
fees along the southerly boundary of the property.
3. HALL, FELIX (BSA -52-69) 2.713 acres, Dori Lane.
Staff report was presented, noting the Planning Commission had unanimously
recommended approval, subject to the following conditions:
1) Park and Open Space in -lieu fee.
2) A 10' path easement be provided along the southerly and southwesterly
boundaries, with a rolled gravel path without headers to be constructed.
Council discussion ensued concerning path requirements, with Floor participa-
tion by Felix Hall and Albert Uhalde, applicant's builder, and David Janssen,
27440 Sherlock Road.
The following points were clarified during Council discussion:
1) Mr. Hall could obtain a pathway easement from the adjacent 'dells property
as a replacement location for the path, but that the Town could not re-
locate the path to property that Mr. Hall did not own.
2) Council assured Mr. Hall that no path plan would be considered for the
eastern boundary of his property, being in near proximity to the proposed
residence.
3) City Attorney stated that if a path is dedicated and accepted by the
Town, that dedicator has no pathway liabilities unless he has contributed
to or created pathway hazards.
MOTION, SECONDED AND CARRIED: Councilman Fowle moved, seconded by Benson
and carried unanimously, that the request of Felix Hall (BSA -52-69),
2.713 acres, Dori Lane, for building site approval be approved, subject to
the conditions of the Check List.
4. MOYER, CARL (352-69) 2 lots, 5.54 acres, Fremont Road and Campo Vista
Lane. Engrs. Frahm, Edler & Associates.
Staff report was presented, noting the Planning Commission uanimously
recommended approval subject to the following additional conditions:
1) Lot #1 to be designated "Not a Building Site".
2) In -lieu road payment for Lot #2 frontage of Campo Vista Lane.
3) Lot #2 to be connected to sanitary sewers prior to construction of
residence on Lot #1.
4) Variance requests be granted for 16' reduction in front setback to 24'
for existing residence on Lot #2, and an appropriate reduction in front
and side setbacks for existing water tank on Lot #2.
City Attorney noted that where existing exceptions to the Zoning Ordinance
occur, the Town can approve said exceptions during the subdivision process
by so designating same as Conditional Exceptions.
MOTION, SECONDED AND CARRIED: Councilman Fowle moved, seconded by Helgesson
and carried unanimously, that the Tentative Map of Carl Moyer (352-69) 2 lots,
5.54 acres, be approved, subject to the conditions of the Check List.
UNSCHEDUIED ITEM NO. 5:
ADAMS, FREDERICK T. (355-69) 3 lots, 3.09 acres, Aric Lane. Engr. J. W.
Riley.
Staff report was presented, noting Planning Commission had unanimously
recommended approval subject to the following additional conditions:
1) Park and Open Space in -lieu payment per Ordinance No. 117.
2) A 10' path easement along northern boundary of lots #2 and#3; path
easement within 25' sewer easement on eastern boundary of lot #3.
3) Adjustment in lot lines to be made so that lot #3 is at least 1.00 net
acres when Parcel A is removed and made part of lot #1.
4) In lieu path payment for frontage along northern boundaries of lots #2
and #3.
5) Deletion of Note #9 shown on Tentative Map requesting the filing of a
Parcel Map.
MOTION, SECONDED AND CARRIED: Councilman Fowle moved, seconded by Helgesson
and carried unanimously that the Tentative Map of Frederick T. Adams (355-69)
3 lots, 3.09 acres, be approved, subject to the conditions of the Check List.
STAFF REPORTS:
City Manager reviewed the following:
1) Proposed State sale of 1.417 acres of surplus Freeway property located
at the end of Purissima and Arastradero Road, said sale to be May 13, 1969
at a bid price of $3,000.00.
Council concurred that the City Manager should notify the State that the
property will not meet present or future Tom zoning and site requirements,
and that the Town would like to rezone the property to Open Space Reserve
Zone to provide a noise buffer against the Freeway.
2) Hatfield Aerial Surveys' proposal to take aerial photos of Byrne Park.
Council concurred this would not be necessary as the Town had no intent to
change the Park but noted an aerial photograph of the entire Town might
possibly be considered.
3) Pathway Committee recommendations for an equestrian and pedestrian path
to be located along Adobe Creek so as to by-pass the entrance into the Tom
at West Edith and Fremont Road. City Manager noted Planning Commission
recommended the Staff proceed with investigation, negotiation and consumma-
tion of obtaining said path easement. Council concurred.
4) Recommended updating Master Path Plan and incorporating it into the
General Plan; requested permission to delay construction of Purissimabike
path until Path Plan had been reviewed.
Mrs. Ginzton, Path Committee Chairman, stressed the need for the Purissima
circulation and Council concurred to proceed with the previously approved
bicycle path along Purissima. Council further concurred that it would be
desirable for Staff to meet with the Pathway Committee to discuss review of
path priorities, possible updating of the Master Path Plan and related items.
Council also concurred that it would be desirable to obtain bids on the
Purissima bike path, with the proposals to be based on path standards and
( not on complete engineering plans so as to avoid unnecessary engineering
bV expense.
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STAFF REPORTS: City Manager cont'd.:
5) Notification from Wm. Spangle & Associates that an estimated $2,000.00
would be required prior to July 1, 1969 to proceed with the outlying work
program for the planning study previously approved by the Council March 30,
1969. Council concurred the Town Planner should proceed as these funds are
available in the Budget and the expenditures would be authorized when the
warrants were drawn.
City Manager noted the desire of the Planning Commission to proceed rapidly
with the planning study and that more planning funds might possibly be
required before the end of the fiscal year.
6) Reviewed letters from the Noise Abatement Committee to State Legislators
and officials for Council review and approval, said letters to be sent over
the Mayor's signature.
MOTION, SECONDED AND CARRIED: Councilman Davey moved, seconded by Benson
and carried unanimously that the letters recommended by the Noise Abatement
Committee be approved by the Council and sent over the Mayor's signature.
City Attorney:
1. City Attorney requested short litigation session at the end of the
meeting. Council concurred.
PRESENTATIONS FROM THE FLOOR
1) Mrs. A. Ginzton, Pathway Committee Chairman, announced that the April 24th
meeting of the Pathway Committee had been postponed to May 1st.
2) Mr. E. A. Breyman, 12345 Wildcrest Drive, objected to the proposed ban
on backyard burning by the Bay Area Air Pollution Control District, as stated
in their letter read under Communications. Council concurred that the Staff
should check on alternative garbage facilities and confer with the BAAPCD
on the impact on agricultural burnings.
3) Mr. David Janssen, 27440 Sherlock Road, responded to the communication
previously read, stating no fire hazard exists due to trees felled across a
path existing on his private property. Mr. Donald Spencer submitted photo-
graphs of felled trees referred to in the communication, for Council review.
Council requested Staff to review the matter and agenda for the next meeting
if it is found that this is a matter of public concern.
4) Mr. Currie expressed appreciation for the courtesy with which his
application had been handled and stated the need for a revised and updated
Path Plan in the Town.
RECESS: 11:05 P. M. - 11:10 P. M.
RFSOLOTIONS:
1. Resolution No. 523, Awarding Sale of Bonds, S.A.D. #5.
Staff noted additional time was required to check bids received on the sale
of bonds for S.A.D. #5 and requested the Council to call a Regular Adjourned
Meeting for 2:00 P. M., Tuesday, April 22, 1969, as the sale of bonds had
been noticed for award within twenty-four hours.
6 Council concurred.
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RESOLUTIONS Cont'd.:
2. Resolution No. 524.
City Attorney introduced and read in its entirety Resolution No. 524, a
resolution determining to undertake proceedings pursuant to Special Assess-
ment and Assessment Bond Act for the Acquisition and Construction of
Improvements, Sewer Assessment District No. 4, Town of Los Altos Hills.
MOTION, SECONDED AND CARRIED: Councilman Davey moved, seconded by Benson,
that Resolution No. 524 be adopted as read, was carried by the following
roll call vote: Ayes: Councilmen Benson, Davey, Fowle, Helgesson, Mayor
Aiken. Noes: None. Absent: None.
3. Resolution No. 525.
City Attorney introduced and read in its entirety Resolution No. 525, a
resolution of the City Council of the Town of Los Altos Hills appointing
Engineer and Attorney, Sewer Assessment Dustrict No. 4.
MOTION, SECONDED AND CARRIED: Councilman Davey moved, seconded by Helgesson,
that Resolution No. 525 be adopted as read, was unanimously carried by the
following roll call vote: Ayes: Councilmen Benson, Davey, Fowle, Helgesson,
Mayor Aiken. Noes: None. Absent: None.
4. Resolution No. 526.
City Attorney introduced and read in its entirety Resolution No. 526, a
resolution of the City Council of the Town of Los Altos Hills ordering
preparation of a written report on proposed improvements and acquisitions
pursuant to Division 4 of the Streets and Highways Code, Sewer Assessment
District No. 4.
MOTION, SECONDED AND CARRIED: Councilman Davey moved, seconded by Benson,
that Resolution No. 526 be adopted as read, was unanimously carried by the
following roll call vote: Ayes: Councilmen Benson, Davey, Fowle, Helgesson,
Mayor Aiken. Noes: None. Absent: None.
Mayor Aiken requested a Motion approving the expenditure involved in sending
an informational letter to property owners within the Los Altos Drainage
Basin explaining proposed Sewer Assessment District No. 4 re voluntary
reservation of sewage treatment capacity rights.
MOTION, SECONDED AND CARRIED: Councilman Helgesson moved, seconded by
Benson and carried unanimously, that the Council authorize and approve the
sending of the informational letter noted above.
WARRANTS:
MOTION, SECONDBD AND CARRIED: Councilman -Benson moved, seconded by Helgesson;
that bills as presented in the amount of TEN THOUSAND, SEVENTY-SIX DOLLARS
and Ninety Cents ($10,076.90) 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.
OTHER BUSINESS BY COUNCILMEN:
1. Councilman Davey requested consideration and discussion of a "Clean -Up
Week" be placed on the next Agenda, noting the need to get each property
owner involved in policing the edges of their property. Council concurred.
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OTHER BUSINESS BY COUNCILMEN cont'd.:
2. Mayor Aiken requested the staff to place a time limit on the Agenda for
unscheduled items. Council concurred.
3. Councilman Davey proposed that two public Budget itudy Sessions be held
to enable citizen review and discussion of the proposed 1969-70 Budget.
Council concurred.
At 11:31 P. M., the Mayor adjourned the meeting to Executive Session re
litigation.
At 11:36 P. M., the Mayor reconvened the meeting for the express purpose of
adjourning to:
NEXT REGULAR ADJOURNED MEETING: Tuesday, April 22, 1969, at 2:00 P. M. at
the Town Hall.
NEXT REGULAR MEETING: Monday, May 5, 1969, at 7:45 P. M. at the Town Hall.
Respectfully submitted,
DENNIS R. IAHR
City Clerk -Treasurer
DRL/mam Town of Los Altos Hills
4/21/69
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