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HomeMy WebLinkAbout05/05/1969CITY COUNCIL TOWN OF LAS ALTOS HILLS MINUTES OF A REGULAR MEETING May 5, 1969 REEL 17 - SIDE 1, TRACY 1 -- FOOTAGE 0000 - 1800 REEL 17 - SIDE 2, TRACK 4 -- FOOTAGE 0000 - 510 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, Fowle, Helgesson, Mayor Aiken. Absent: None. PLANNING COMMISSION RBPRESENTATIVE: Commissioner P. Weisbart APPROVAL OF MINUTES: April 21, 1969 Councilman Helgesson moved, seconded by Benson and carried unanimously, that the Minutes of April 21, 1969 be approved as submitted. APPROVAL OF MINUTES: April 22, 1969 Councilman .Towle- Moved and seconded by Benson, that the Minutes of April 22, 1969 be approved as submitted, was carried by majority voice vote, Councilmen Davey and Helgesson abstaining due to absence. ANNOUNCEMENTS: Ing 1. City Manager announced the Department of Navy would hold their bi-annual Open House and Air Show at Moffett Field August 9 and 10, 1969. 2. Mayor Aiken announced that time limits are indicated on the Agenda for Unscheduled Items, noting these time limits were designed to expedite the meeting and not to prevent anyone in the audience from speaking in regard to these items. COMMUNICATIONS: 09 The Assistant City Manager read the following communications: 1. Sig Sanchez, Chairman of the Santa Clara County Board of Supervisors dated April 24 requesting support of SB347-Petris relating to San Francisco Bay Conservation. 2. Jean Pullan, Clerk of the County Board of Supervisors dated April 21, requesting recommendation by June 1, 1969 for nominee to the County Library Commission. 3. Mrs. Lois Hogle, 2000 Page Mill Road dated April 29 urging support for SB347-Petris and AB2057-Knox re Bay Conservation. 4. Mrs. Lois Hogle, dated April 29, requesting State Highway Division remove their "Your Highway Taxes At Work" signs, pursuant to the requirements of the Town's Sign Ordinance. 5. The following communications were in protest of the proposed Sewer Assessment District No. 8: Mr. and Mrs. Gene Smith, 26950 Moody Court, dated May 5; Stella F. Walker, P. 0. Box 872, Los Altos, dated May 3; Florence M. Fava, 26691 Moody Road, dated May 1; Merlyn D. Stubbs, 26881 Moody Court, COMMUNICATIONS cont'd.: dated May 5; Herbert Ginsberg, P. O. Box 368, Los Altos, dated May 5; Mr. and Mrs. Byron Dieterle, 27712 Moody Court, dated May 5; and Carl V. 4W Christensr_a, 27130 Moody Court, dated May 5. 6. J. D. Breyman, Office of the Secretary of Transportation, Washington, D. C., dated April 29, acknowledging previous Council communication concerning reduction or elimination of noise problems relative to Freeways. 7. Donald E. Spencer, 27490 Sherlock Road dated May 4 expressing support for the low density subdivision of Mr. Oliver Wheeler. 8. C. K. Priest, City Clerk of Costa Mesa dated April 24 urging adoption of AB1356, which will place firefighters in Cities under the Employer/Employee Relations Act. 9. Margaret L. Moore, City Clerk of Long Beach, dated April 23 urging support to the introduction of a bill providing that daylight savings time be observed nationally on a year -around basis. 10. Thomas M. Jenkens, attorney for Purissima Hills County Water District dated April 30, providing information on the public status of the Water District and history on the relationship with the San Francisco ;Yater Depart- ment, and noting that contrary to communication previously received from Mr. Frank M. Shriver, the :Yater District has never taken affirmative action to require any one to end utilization of their own wells. 11. Maurice R. Johnson, President of the Board of Directors, Purissima Hills County Water District, dated May 5, opposing allegations raised in the letter from Mr. Frank 5hriver and requesting that the Council be represented at the next meeting of the Water District on May 14, 1969 at 7:30 P. M. SCHEDULED ITEM NO. 1: o q PUBLIC HEARING TO CONSIDER VACATING A PORTION OF CENTRAL DRIVE. Staff report was presented, noting the Planning Commission had reviewed possible abandonment of the public's right to use Central Drive for road purposes within the one acre park dedication to the Town by Mr. Oliver Wheeler, Tract No. 4184, and had taken the following action: "Commissioner McReynolds moved, seconded by Weisbart and carried unanimously, that Mr. George Hader's letter dated April 24, 1969 be forwarded to the.Council with Planning Commission approval and the further recommendation that there be more detailed planning in this area, specifically concerning circulation, turnarounds, etc., with particular attention invited to Paragraph 3, Page 1 and the last paragraph of Page 2." Assistant City Manager read the following communications: 1) The following communications expressed approval of the abandonment of the subject portion of Central Drive: Herbert Ginsberg; Mr, and Mrs. Byron Dieterle; Paul M. Sturm, 27070 Sherlock Road, dated May 4; Merlyn D. Stubbs, dated May 5; Florence M. Fava, dated May 1; Stella F. Walker, dated May 3; Carl V. Christensen, dated May 5; Mr. and Mrs. Gene Smith, dated May 5; Mr. and Mrs. M. G. Boissevain, 27181 Sherlock Road, dated May 1. 2) Arthur Alter, Chairman, Los Altos Fire Protection District, dated May 5, stating that if possible Central Drive should be a through street for more adequate fire protection to the area; but barring this, a full 15' width non - 410 vehicular emergency access road connecting Central Drive and Moody Court and adequately constructed to support 15 -ton vehicles, and properly maintained in -2- SCHEDULED ITEM NO. 1: Central Drive cont'd.: the future, would be acceptable. The Commission further urged that the suggestions of Mr. George Mader, Town Planner, incorporated in his letter to dated April 24 regarding necessary planning being accomplished before any further building construction is allowed in the area, be adopted by the Council. 3) Copy from Peter J. Nardini, R. S., Supervising Sanitarian, County Health Department, dated May 5, to Mr. David Jansson stating that the City Manager and City Engineer have both assured the Health Department that the Council will retain the right to reserve that portion of Central Drive for the place- ment of sanitary sewers and other public utilities regardless of the specific action decided upon by the Council in regard to abandonment of public road rights. 4) Mr. George G. Mader, Town Planner, dated April 24. This communication was referred to the Council with Planning Commission approval and particular emphasis placed on the following points: a) It is not possible to give a complete answer as to the implications of the abandonment without making a rather detailed circulation study of the entire IMPS Area. It would be preferable to make a decision on abandonment within the context of a plan darived from such a study. b) Mr. Mader suggests that development in the MAPS Area be curtailed until necessary planning has been done and policy established with regard to road locations, road standards and any other related physical improvements serving the area. Mr. Mader also noted the following points in his letter: 1. Two long dead-end streets in Moody Court and Central Drive could func- tion as cul-de-sacs to provide local property access without any problem. Because of the nature of the possible fire hazard in the canyon, however, it appears imperative that there be an emergency connection between the ends of these streets, properly maintained by the Town. Cul-de-sacs should also be provided at the ends of the dead-end streets. 2. The steepness of the terrain along the Moody Court/Central Drive alignment makes it very difficult to install a road to adequate width standards. Tharp appears no over-riding reason to establish a second through connection essentially parallel to the existing Moody Road through connection to Page Mill Road. Loop connections should be considered for the ends of Central Drive and Moody Court to provide adequate area traffic connections. c) Development should be absolutely discouraged from the steep slopes in this area and encouraged on the more developable areas and the tree cover on the steep slopes should be preserved. Development in the area should provide adequate trail and path links into the canyon and the park. 5) George G. Mader, Town Planner, dated May 1, responding to City Manager's request for clarification of comments in the memo of April 24, noted above. Mr. Mader noted the April 24 memo was reviewed and approved by the Planning Commission, while this memorandum has not been and that the observations in the April 24th memorandum were made independently from Town Officials and affected agencies. Mr. Mader stated his conclusions based on a brief study ` are: ` " 1. I can see no need to develop a through road on the Moody Court -Central Drive alignment; however, turnarounds should be provided at the ends of these streets and an emergency connection provided to connect the -3- SCHEDULED ITEM NO. 1: Central Drive cont'd.: " turnarounds. I feel reasonably certain that a more detailed study would not alter this conclusion and cannot readily see additional problems being created by the abandonment at this time. 112. The details of the width and location of the easement for the emer- gency connection and location of turnarounds are primarily an engineer- ing matter. It appears to me, however, that the turnarounds should be just outside of the Wheeler property. 113. The safety of the general area, from fire in particular, would be im- proved if connections can be made to provide loop streets such as from Central Drive to Buena Vista. The abandonment of thr. section of Central Drive in question, however, would not appear to make it any more difficult for the Town to secure such loop connections at a later date. "Finally, I would stress the need for the Town to prepare and adopt a plan fox the h7APS Area before further divisions of land and probably construc- tion of residences take place." 6. Petition dated May 5, 1969, signed by 31 resident property owners repre- senting 362 years of residency in the area expressing approval of Mr. Wheeler'.=. subdivision and the proposed abandonment of a portion of Central Drive. Mayor Aiken stated the following: 1. Chief Bassett, of the Los Altos Fire Department, had confirmed that the abandonment of a portion of Central Drive would be acceptable, subject to provision of an adequate emergency fire access. 2. The subject of the Public Hearing was the abandonment of a portion of Central Drive to through vehicular traffic and that the .4heeler Subdivision was not before the Council for discussion or action. At 8:35 P. M., Mayor Aiken declared the Public Hearing open and requested residents who had written communications in support of the proposed abandon- ment to limit their discussion to additional considerations not included in the communications. Mr. James Bell, 27421 Sherlock Road, requested clarification of what abandon- ment means. City Attorney stated that in considering abandonment of the subject portion of Central Drive, the Town is preparing to relinquish the rights of the public to traverse the property as a through vehicular road. City Attorney further stated that the abandonment proceedings would affect only public rights and would not affect existing private rights to utilize Central Drive for local access and noted fee title would vest with the Town, subject to previously existing pxivate rights and that the only public rights being abandoned were those rights to use the property for through vehicular access and that other public rights, such as, paths for non -vehicular access, would not be affected by the abandonment. Mayor Aiken noted the one acre park donation by Mr. Wheeler, which includes a portion of Central Drive being considered for abandonment, is presently zoned Residential/Agricultural and that should the abandonment proceedings be approved it would be appropriate to rezone the property to Open Space Reserve, so as to conform to the zoning of the adjacent Byrne Park. -4- SCHFDULBD ITEM NO. 1: Central Drive cont'd.: Mr. John Moore, 166 Main Street, Los Altos, attorney representing Mr. Glenn Taylor and Mr. David Jansson, inquired if the City Clerk had a signed affidavit of posting of Notice of Hearing of the Central Drive vacation. City Clerk stated the signed affidavit was not present but that copies of the Notice of Hearing were available and that the Staff member who conducted the posting was present. In response to questions by the City Attorney, Mr. Clayton J. Smith, Building Inspector, stated the property proposed to be vacated had been posted and that said posting had occurred more than ten (10) days prior to the Hearing. Mr. Moore questioned public access to the Wheeler property and noting the Wheeler Map had not been recorded, inquired whether recordation had been conditioned upon the park dedication. City Attorney stated .the Wheeler park dedication was separate and independent from the abandonment proceedings, and noted that if Central Drive is public as is stated in some 16 area property deeds, then the 'Wheeler property has access on both ends. The following spoke in opposition to the abandonment: Glenn S. Taylor, 1229 Forest Avenue, Palo Alto; Mrs. Dianne Miller, 13076 Vista del Valle; Mrs. J. G. Ronsiek, 13023 Vista del Valle; Mrs. John Spears; David Jansson, 27440 Sherlock Road. The following points of opposition were presented during Floor discussion: 1. Central Drive existed as a public road for several decades before the Town of Los Altos Hills was created. 2. It would be bad planning to abandon a road in an area where, within a few years, a substantial number of people will live. 3. The blocking of any road reserved for public use in the deeds of many adjoining property owners seems an unjust and possibly illegal procedure, unless some overwhelming public necessity requires such action. 4. Abandonment would limit the options of the planners and thwart intelli- gent long range planning of the area. 5. Providing fire and police protection would be severely handicapped if the road were closed. 6. Byrne Park could be more fully utilized,if careful planned access were provided from Central Drive. 7. The legal status of Central Drive as to whether it is public or private is currently confused and needs to be clarified, not further confused by abandonment. B. A quiet title suit initiated at the Town's expense was suggested by Mr. Taylor. 9. Questions concerning future utilization have not been resolved should Central Drive be abandoned, i.e., will the Tom remove existing fences? Add more chains at the boundaries? Post signs - if so, where? Maintain 15' emergency access, etc. A petition was read and presented opposing abandonment signed by 5 of the 19 property owners abutting Central Drive and representing the majority of land acreage in the Central Drive area. Mr. David Jansson read and submitted a petition objecting to the proposed abandonment of Central Drive, signed by 34 residents of the Town. Mr. Jansson read and submitted letter dated May 5 stating he had repeatedly been told by the Council and Staff that the abandonment would not have any 40 effect whatsoever on any private easements that now exist over Central Drive and that this does not seem to be true according to Section 812 of the -5- SCHEDULED ITEM NO. 1: Central Drive cont'd.: California State Civil Code, which reads as follows: "The vacation or abandonment, pursuant to law, of Streets and Highways shall extinguish all 6/ private easements". Mr. Jansson urged that no abandonment action be taken that might wipe out any private rights. City Attorney noted that Mr. Janssen had provided an incomplete Code and read the remainder of Section 812 concerning the condi- tions under which private easements would be extinguished and noting private rights would not be extinguished in all cases. The following spoke in support of the proposed abandonment of a portion of Central Drive: Donald E. Spencer, 27490 Sherlock Road; Gertrude Hinton, Buena Vista Drive; James Bell, and Florence M. Fava. During the Public Hearing, Mayor Aiken stated the following: 1. The 'Wheeler Tentative Map had been approved in 1966 and that the Council must approve the Final Map if it conforms to the Tentative Map; this action has occurred and cannot be altered and noted that the City Engineer has advised that the Wheeler Final Map has been signed and is ready for recorda- tion. 2. Without abandonment, motorcycles cannot be kept out of the one acre park dedication, with or without chains; however, if legally abandoned the Sheriff can be called to enforce prohibition of through vehicular traffic. 3. The use of the one acre park dedication, including chaining, posting, etc., would be determined only after the action of abandonment and review by the Planning Commission and Council. 4. Abandonment consideration does not depend on the 'Wheeler Final Map being recorded or not, nor the abandonment procedure being used depend on whether Central Drive is a public or private road. S. The abandonment proceedings were not being rushed, as the Council had been committed to no through vehicular traffic on Central Drive for the last 211to 3 year period. At 9:31 P. M., Mayor Aiken declared the Public Hearing closed and Council discussion ensued concerning the abandonment procedure, communications - with emphasis on communications dated April 24 and May 1 from George G. Mader, Town Planner, and statements made during the Public Hearing. The following points were clarified during Council discussion: 1. All five Councilmen are on record supporting no through vehicular traffic for Central Drive. 2. If Central Drive is a public road, as 16 area property deeds may indicate to be the case, the City Attorney advised that the only way the Town could legally and effectively close off the subject portion of Central Drive to through vehicular traffic is the abandonment proceedings currently under consideration. 3. City Attorney stated existing private rights cannot be abandoned by these proceedings, noting this could be done only by Eminent Domain proceedings and reimbursement by the Town for the acquisition of these private rights. 4. City Attorney stated the Town could, at a later date, reverse the abandon- ment and turn Central Drive back to a public road should the need to do so be determined, subject to the qualification that deed restrictions of The Nature Conservancy on the adjacent Byrne Park might also apply in this case 4W and would then prohibit a through road. City Attorney noted these restric- tions already exist and whether they apply or not would not be changed by a Council action. -6- SCHEDULED ITEM NO. 1: Central Drive cont'd. 5. City Attorney stated that if the Town wanted to open Central Drive as a through public road, he would recommend a quiet title suit, but since the converse is true, he could see no advantage being obtained for the cost involved in said quiet title suit. 6. Existing public utility easements would not be affected by the abandon- ment and future utility easements would be up to the discretion of the City Council. Councilman Davey stated her desire to delay the abandonment proceedings until planning for the entire area is completed. City Attorney introduced and read in its entirety Resolution No. 528, a resolution and order of the City Council of the Town of Los Altos vacating a portion of Central Drive. MOTION, SECONDED AND CARRIED: Councilman Benson moved, seconded by Helgesson, that Resolution No. 528 be adopted as read, was carried by the following roll call vote: Ayes: Councilmen Benson, Fowle, Helgesson, Mayor Aiken. Noes: Councilman Davey. Absent: None. SCHEDULED ITEM NO. 2• CONSIDERATION OF ESTABLISHING "CLEAN-UP WEEK". 7 83 Staff report was presented noting May has been designated for a national clean-up campaign and that an activity of this type might be directly bene- ficial to Town trails, paths and public areas. City Manager stated the Los Altos Garbage Company has indicated they may place garbage containers within the Town for utilization, should such an activity materialize. Councilman Davey noted the direct advantage of beautifying the Town and the indirect advantage of decreasing maintenance costs for paths, etc. Councilman Davey also suggested possible cooperation with the Los Altos Beautification Commit- tee to enhance the border between the two Cities. MOTION, SECONDED AND CARRIED: Councilman Davey moved, seconded by Fowle and carried unanimously, that the Council direct a letter to the Los Altos Beautification Committee to explore possible cooperation between the two Cities so as to enhance the border between the two Towns. MOTION, SECONDED AND CARRIED: Councilman Davey moved, seconded by Benson and carried unanimously, that a Clean-up Week be designated possibly in July, with the date to be determined at the discretion of the Town Staff. SCHEDULED ITEM. NO. 3 • S -36 CONSIDERATION OF COUNTY ORDINANCE REGULATING COMMERCIAL SWIMMING POOL SERVICES Staff report was presented noting the County Health Department has requested all cities in the County to adopt a County Ordinance which provides for the testing and licensing of every operator, as well as pool service companies doing work in Santa Clara County. Council discussion ensued concerning regulation of this particular service group and Council concurred to set a Public Hearing for June 2nd at 8:00 P. M. to consider adopting the County Ordinance by reference. City Attorney introduced and read the title of Ordinance No. 156, an ordinance of the Town of Los Altos Hills adopting by reference Ordinance NS -514 of the thir County of Santa Clara, being an ordinance to add Article 13 (commencing with -7- SCHEDULED ITEM NO. 32 County Ordinance cont'd.: Section 5.1.13-1) to Chapter 1 of Title 5 of the Santa Clara County Ordinance 6W Code, relating to swimming pool services, and providing for penalties of violations thereof. MOTION, SECONDED AND CARRIED: Councilman Helgesson moved, seconded by Benson and carried unanimously, that further reading of Ordinance No. 156 be waived. MOTION, SECONDED AND CARRIED: Councilman Helgesson moved, seconded by Benson and carried unanimously, that the Council set a Public Hearing for 8:00 P. M. on June 2, 1969 to consider adoption by reference of the County Ordinance. UNSCHEDULED ITEM NO. 1: q QT - FISH, ROBERT (V-322-69) - Request for 19' reduction in side setback to 11' for addition at 13210 E. Sunset Drive. Staff report was presented noting a similar variance had previously been approved for an addition at the southerly end of the residence and that the applicant is requesting that the addition be on the northern end of the house. Staff noted Planning Commission unanimously recommended approval, subject to repeal of previous variance V-318-69. MOTION, SECONDED AND CARRIED: Councilman Davey moved, seconded by Helgesson and carried unanimously that the request of Robert Fish (V-322-69) for 19' reduction in side setback to 11' for addition at 13210 B. Sunset Drive be approved and that V-318-69 be repealed. UNSCHEDULED ITEM NO. 2: BLEAKLEY, W. G. (V-323-69) - Request for 3' reduction in side setback to 27' for existing stable at 27181 Adonna Court. Staff report was presented noting the existing stable was constructed by a prior owner and sets too close to the side property line. Staff noted the stable is located in a tree -lined corner of the property, not visible to other property owners and that the Planning Commission unanimously recommended approval. MOTION, SECONDED AND CARRIED: Councilman Davey moved, seconded by Helgesson and carried unanimously, that the request of W. G. Bleakley (V323-69) for 3' reduction in side setback to 27' for existing stable at 27181 Adonna Court be approved. UNSCHEDULED ITEM NO. 3: 93-3 PINK HORSE RANCH, UNIT #2, FINAL MAP, TRACT NO. 4401, 10 ACRES,9 LOTS. ENGR. GEORGE S. NOLTE. Staff report was presented reviewing the history of the subject subdivision and noting that the additional conditions imposed upon the Tentative Map approved an November 6, 1967 have all been satisfied. City Manager stated all fees have been paid and subdivision agreements provided and that the City Engineer has certified that the Final Map conforms to the Tentative Map and conditions imposed thereon. Staff recommended approval, subject to the condition that the owner's certificate on the Final Map be amended to state that Lots #24 and #26 are designated "Not a Building Site". `, MOTION, SECONDED AND CARRIED: Councilman Benson moved, seconded by Helgesson and carried unanimously, that the Final Map of Pink Horse Ranch Unit #2, Tract No. 4401, 9 lots, be approved, subject to the conditions of the Check List ane, subject to the condition that the owner's certificate on the Final Map be amended to state that Lots #24 and #26 are designated "Not a Building Site". -8- UNSCHEDULED ITEM NO. 4: 969 CONSIDERATION OF SUPPORTING THE CONCEPT OF A SKYLINE REGIONAL SCENIC RECREATION ROUTE AND A FOUR -COUNTY AGENCY FOR ITS IMPLEMENTATION. ACouncilman Davey reviewed Resolution No. 527 and urged support for a designation of a Skyline Regional Scenic Recreational Route, noting this would be a joint powers agreement between Counties and a separate agency would not be created. Councilman Davey further noted there would be no cost to the Town as none of the Town abuts the proposed Skyline Boulevard and that scenic restrictions would be provided by zoning, scenic casements, etc. Council concurred to consider action later in the Agenda under RESOLUTIONS. UNSCHEDULED ITEM NO. 5: REVIEW OF UP -220-65 - REQUEST FOR ADDITIONAL SWIMMING POOL AND LOCKER ROOMS AT LOS ALTOS HILLS COUNTRY CLUB. Staff report was presented, recommending the establishment of a deadline to satisfy the conditions under which the Use Permit was granted in 1966, after which deadline the Use Permit would expire if said conditions were not met. Council concurred consideration should be given to limiting duration for execution of Use Permits and all variances, or an annual review of all out- standing applications should be conducted as it is done by other cities. Council discussion ensued concerning conditions of the Use Permit and possible deadline for compliance, with Floor participation by David Bellucci, owner of Los Altos Hills Country Club; Gerald Ferrari, 25800 Altamont Road; and Chuck Boyenga, 12425 Hilltop Drive. City Attorney noted the City Council possesses the power to revoke the use permit immediately if it so desires and that the following conditions upon which the use permit was granted remain unsatisfied: 1) Recordation of a convenant by which the owners agree that (a) granting of the permit will not constitute an extension in any way of the non -conforming use existing on the property; and (b) that the facilities constructed will be used only by members of the Los Altos Hills Country Club, a private club. 2) Submission and approval of detailed building plans. MOTION, SECONDED AND CARRIED: Councilman Benson moved, seconded by Helgesson 1800 and carried unanimously, that Use Permit UP -220-65 be revoked without further action, unless all conditions imposed thereon are met by July 15, 1969 and REEL. 17 within thirty (30) days thereafter a building permit is applied for. Side .2 UNSCHEDULED ITEM NO. 6: iFa GO S' y DISCUSSION OF REVIEW OF ADOBE CREEK LODGE/LOS ALTOS HILLS COUNTRY CLUB. Mr. David Bellucci requested the following matters be submitted to the o.6 Planning Commission fox a Study Session: 1) Discussion of ways and means of legitimizing Los Altos Hills Country Club; and 2) Discussion of possible secondary uses of land not needed by the Club (presently used for picnics). Mayor F:iken read the Minutes of the Council Meeting July 15, 1968 concerning appointment of the Citizens Committee to review utilization, present and proposed facilities, of Adobe Creek Lodge. -9- UNSCHEDULED ITEM NO. 6: Review of Adobe Creek Lodge/LAHCC cont'd.: Assistant City Manager read the following communications: L 1) Mr. and Mrs. William Phy, 25616 Moody Road, dated April 30, 1969, urging the Council to take action so as to either endorse or reject the findings and conclusions of the Bellucci Committee Report. 2) Carroll E. Bradberry, 26873 Moody Road, dated May 5, 1969, urging the Council to proceed with the following actions: 1) Commend the Citizens Committee for producing an excellent report and formally accept it and its recommendations; 2) Confirm unequivocally that all non -conforming uses must cease by 1976; 3) Suggest to Mr. Bellucci that a planned residential development will be given consideration if he presents a suitable plan; (4)immediately rescind the approval of the swimming pool; 5) Proceed with the abatement of extended uses and nuisances by appropriate court action. MOTION, SECONDED AND CARRIED: Councilman Benson moved, seconded by Helgesson and carried unanimously, that the Council submit Mr. Bellucci's request for a Study Session to the Planning Commission. Council concurred the record should!ha they were not expressing an opinion on the request but were acceding to the request. Council further concurred that the Planning Commission should be advised that guidelines for present and future land use of Adobe Creek Lodge/Los Altos Hills Country Club still do not exist and that the Planning Commission should be requested to provide same for Council. UNSCHEDULED ITEM NO. 7: III CONSIDERATION OF AUTHORIZING ENGINEERING FOR GAS TAX PROJECTS FOR THE 1969-70 FISCAL YEAR. City Manager requested authorization for detailed engineering work to re- build the following streets, correcting drainage and surface deficiencies, with gas tax funds: Altamont Road, from Moody Road to Natoma; Elena Road, between Robleda Road north to within 300' of the Freeway; Concepcion Road, between Fremont and Purissima Roads; and, Page Mill at Schroll Road. MOTION, SECONDED AND CARRIED: Councilman Helgesson moved, seconded by Fowle, that the Staff recommendations for Gas Tax Projects be approved and that the engineering work be authorized for said projects, was carried by the follow- ing roll call vote: Ayes: Councilmen Benson, Davey, Fowle, Helgesson, Mayor Aiken. Noes. None. Absent: None. UNSCHEDULED ITEM NO. 8: CONSIDERATION OF AUTHORIZING CALL FOR BIDS ON CONSTRUCTION OF PAVED BIKEWAY j3 PATH ALONG PURISSIMA ROAD. Staff presented four separate cross sections of proposed path construction to be used in calling for bids for the construction of the paved bike path along Purissima Road. Council discussion indicated additional standards were required and City Manager suggested the matter be deferred two weeks to allow a Staff meeting with the Pathway Cormiittee. Council concurred. UNSCHEDULED ITEM NO. 9: PRESENTATION OF FIRST DRAFT OF BUDGET FOR 1969-70 FISCAL YEAR. 1410 Ahr City Manager stated the budget would be delivered by mid -week, that copies were being printed and would be available to the public, and noted a dis- cussion session on the First Draft of the budget will be scheduled for the May 19th Council Meeting. -10- UNSCHEDULED ITEM NO. 10: STAFF REPORTS: S CITY MANAGER• 4 1. Noted requests had been received from property owners located outside sewer assessment district boundaries and recommended the following connection policy be adopted: 1) For property left outside a district, not at the request of the property owner: sewer laterals to be provided to the property line by the district, with the property owner paying the same amount in cash as those who are in the district and acquiring all necessary easements. 2) For property left outside of the district, at the property owner's request: same conditions would apply, plus the property owner will pay for extending the lateral to the property line. 3) For a piece of property outside a district at a distance that requires extension of the sewer main: the person desiring sewers must pay for the extension of the sewer main constructed to Tom Standards and dedicated to the Town. The Tom can enter into a refunding agreement with the property owner extending the main, whereby funds would be collected from additional future connections and reimbursed to the individual extending the sewer main. City Manager noted that in all cases money paid by the property owner would be used only for the benefit of the district involved. MOTION, SECONDED AND CARRIED: Councilman Holgesson moved, seconded by Powle and carried unanimously, that the Council adopt the Staff recommendations as presented. 2. Announced the Planning Commission has set a Public Hearing for May 12, 1969 to consider rezoning the surplus Freeway property at Purissima and Arastradero Roads and that the State Division of Highways has postponed its proposed sale of the property. 3. Reviewed SB -495, which would require that tapes of Council meetings be preserved ten (10) years and recommended Council go on record in opposition. Council concurred. 4. Reviewed need for path along Fremont Road between Edith and Seven Acres Lane, noting the affected property owner, Mr. Galli, had written a letter of opposition to the Pathway Committee's proposal; stated Staff would further review path alternatives in this area. 5. Reviewed proposed remodeling of the Council table, including elevation increase of approximately 12". City Manager stated a cost estimate of $1,100.00 had been obtained. MOTION, SECONDED AND CAi2RIED: Councilman Fowle moved, seconded by Benson, that the Staff be directed to proceed with remodeling the Council table, was carried by the following roll call vote: Ayes: Councilman Benson, Davey, Fowle, Helgesson, Mayor Aiken. Noes: None. Absent: None. CITY ATTORNEY: 1. Directed Council attention to Complaint No. P16388 filed by Rudolph J. Domenie vs the Town of Los Altos Hills and several private property owners in the amount of $313,000.00 and stated no Council action was required at this time. -11- PRESENTATIONS FROM THE FLOOR: 363 1. Mrs. D. Spencer, 27490 Sherlock Road, inquired as to the reason easement designations had been changed to '$right of way" designations on County Assessor's Maps. Mayor Aiken stated the City Attorney had advised that this represented no legal change whatsoever. 2. Mrs. Florence M. Fava, 26691 Moody Road, stated a 25 MPH sign had been installed on Moody Road, but that this had not curbed speeding in the area. Council directed Staff to notify the Sheriffts Office of this situation. 3. City Manager stated the felling of trees across the path on the property of Mr. David Janssen had been reviewed and it had been determined that this was not a public pathway and was outside of Town jurisdiction; however, City Manager noted the Los Altos Fire Department has advised they will notify Mr. Jansson recommending the trees be removed and a chain or a similar barrier be installed so as to provide emergency fire access. RESOLUTIONS: 1. Resolution No. 527. .383 City Attorney introduced and read in its entirety a resolution of the Town of Los Altos Hills supporting the concept of a Skyline Regional Scenic Recreation Route and a Four -County Agreement for its Implementation. MOTION, SECONDED AND CARRIED: Councilman Davey moved, seconded by Fowle, that Resolution No. 527 be adopted as read, was carried by the following roll call vote: Ayes: Councilmen Benson, Davey, Fowle, Helgesson, Mayor Aiken. Noes: None. Absent: None. OTHER BUSINESS BY COUNCILMEN: y10 1. MOTION, SECONDED AND CARRIED: Councilman eanson moved, seconded by Helgesson and carried unanimously that the Council refer to the Planning Commission for study and recommendation the possibility of a moratorium on development in the Central Drive Area until planning studies for the area are completed. 2. Councilman Davey questioned disposal of excess fill on the Little League property. Staff stated the majority of the fill would be spread over the area of the horse ring and debris would be removed by Town maintenancemen. 3. Councilman Davey moved, seconded by Fowle and carried unanimously that the Council go on record endorsing SB-347-Petris and AB -2057 -Knox, re Bay Conservation. 4. Councilman Fowle recommended the Mayor attend the next meeting of Purissima Hills County 'Water District to represent the City Council, Deputy Mayor Benson stated he would attend, due to a previous commitment by the Mayor. WARRANTS: Assistant City Manager requested an additional $29.94 be approved, due to 21 96 an invoice correction on the April 21, 1969 warrant list. MOTION, SECONDED AND CARRIED: Councilman Benson moved, seconded by Helgesson, that bills as presented in the amount of $8,521.31, plus $29.94 previously drawn, 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. -12- ADJOURNMENT: At 12:42 A. M., the meeting was adjourned to: EXECUTIVE SESSION re litigation. At 1:.07 A. M., the meeting was reconvened and adjourned to: '37/D NEXT REGULAR MEETING: Monday, May 19, 1969, at the Town Hall, 7:45 P. M. Respectfully submitted, DENNIS R. L1HR City Clerk DRL/mam Town of Los Altos Hills 5/5/69 `' -13-