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HomeMy WebLinkAbout10/20/1969CITY COUNCIL TOWN OF LOS ALTOS HILLS 4 MINUTES OF A REGULAR MEETING October 20, 1969 REEL 20 - SIDE 2, TRACK 3 -- FOOTAGE 352 - 1278 REEL 20 - SIDE 1, TRACK 2 -- FOOTAGE 000 - 700 Mayor Wm. Ross Aiken called the Regular Meeting of the City Council of the Town of Los Altos Hills to order at 7:52 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: Councilman Fowle (arr. at 8:12 P. M.) PLANNING COMISSION REPRESENTATIVE: Commissioner Don T. Hibner APPROVAL OF MINUTES: _October 6, 1969 Councilman Helgesson moved, seconded by Benson and carried unanimously, that the Minutes of October 6, 1969 be approved as submitted. Assistant City Manager read the following communications: 1. Letter to property owners in Los Altos Drainage Basin from Mayor Aiken dated October 16 re Sewer Assessment District No. 4, explaining voluntary reservation of sewage capacity rights. Council discussion ensued, with Floor participation by Mrs. J. G. Ronsiek, 13023 Vista del Valle; Mrs. Edith Williams, 25611 Burke Road; and Mr. David Jansson, 27440 Sherlock Road. Mayor Aiken noted property connected to sewers prior to January 14, 1969 would not be required to purchase capacity rights. 2. Jack Giosso, Chairman of the Palo Alto Planning Commission, dated October 6, inviting Town Planning Commission to an informal discussion of mutual concerns. Staff notedthe Tam Planning Commission had transmitted a suggested agenda for the meeting and suggested December 10 as a tentative meeting date. 3. Mrs. Marshall Smith, 26535 Weston Road, dated October 15, supporting low density development in the vicinity of Arastradero Road. 4. U. S. Senator Alan Cranston, dated October 4, supporting Town opposition to the elimination of tax exempt status for municipal bonds. S. Mrs. G. B. Germane, 28168 Radcliffe Lane, dated October 14, requesting the Town to permit the Danny Thomas Teenager's March on Sunday, November 9. City Attorney advised the Council that the Town's non -solicitation ordinance does not provide for the issuance of a permit for this type of activity and noted that organizations, such as United Fund, have obtained excellent results by utilizing telephone and direct mailing solicitation. Council requested Staff to send Mrs. Germane a letter of regret and explain ` methods of fund raising that are appropriate within the Town. ANNOUNCEMENTS: I. Councilman Davey noted the Committee for Green Foothills will meet at 8:00 P. M., on Thursday, October 23, at the Oak Creek Club in Palo Alto to far discuss "Crises in the Foothills". SCHEDULED ITEM NO. 1• DISCUSSION OF TOWN -WIDE DRAINAGE COMMITTEE REPORT. Staff report was presented noting the Town -wide Citizens Drainage Committee's recommendations included the following: An ordinance be adopted assessing new subdivisions $800.00 per building site, new construction .030 per square foot of paved and roofed area, and budgeting a minimum annual sum of $20,000.00 for a Drainage Improvement Fund. Council discussion ensued concerning drainage facility requirements and the financing of same, with Floor participation by: A. M. Laws, 11210 Hooper Lane; Mel Hawley, 13441 Robleda Road; Herman Brown, 26076 Snell Lane; Mrs. Edith Williams, 25611 Burke Circle; David Janssen, 27440 Sherlock Road; E. A. Breyman, 13456 Wildcrest Drive; Carl Koller, 13060 La Paloma Road; Jim Gable, 11011 Magdalena Road; G. Ferrari, 25800 Altamont Road; and, A. Lambert, Los Altos. At Councilman Fowle's request, and with Council consent, his following state- ment is incorporated in the Minutes: "I first wish to compliment Councilman Helgesson and his committee for a very fine analysis of our present drainage situation, and a reasonable and practical series of recommendations as to what improvements are essential. "I find myself in disagreement with the report on one basic point, however, and that is the recommended proportions between general fund and new lot con- tributions to the cost of the project. Admittedly, any new tax has some degret of inequity, but I feel any administrative body is honor -bound to keep this inequity within reason. "The concept of charging newly developed homesites a fee to help pay for nes drainage facilities, which will eventually be required, is logical and has precedent. "However, we must not lose sight of the fact that new developments are not the sole cause for necessitating and enlarging existing drainage capacity. They merely make the need more immediate. Existing homesites plus new homesites are what cause the need for enlargement. Therefore, new and old homesites should be charged for the project in accordance to benefit. "One cannot accept the argument that later developments, just because of the acuteness of the need, are any more the cause of drainage troubles than early developments. "The committee report recognizes this, at least in part. They recommend a per lot charge of $800 plus an overage for covered ground, and in addition a general property tax of around 80 to give $20,000 per year revenue. It is the proportion between these two sources of funds that I find inequitable beyond reasonableness. "The $800 fee plus the 30 per square foot for covered ground would come to almost $950 per new homesite. The 80 tax comes to $11.50 for each homesite, old and new alike. This means that a late -comer to Los Altos Hills will pay an additional amount equal to about 80 years of drainage taxes, and will pay the eq drainage tax besides. -2- SCHEDULED ITEM NO. 1: Drainage Report cont'd.: "The Town is now approximately half developed. If the new lots pay a fee equal to half the projected cost for completing the project in addition 46 to the extra drainage tax, and the tax is doubled to 160, new lots will then be paying closer to 20 years of extra taxes - still inequitable but not as much so as SO years. The original McCandless report suggests a per lot assessment of $400. "As an added thought, please bear in mind that unimproved land is already paying about one third of our taxes and hence has already contributed heavily to drainage facilities now in existence. Furthermore, unimproved land has not shared in the full benefits because it has not yet added any more run-off than the natural amount. "The most equitable solution is a Town -wide assessment divided between covered and open land. Then as new land is covered, it pays a fee in accordance with the area covered which assists in paying off bonded indebted- ness. This is the usual practice and follows existing procedure as in the sewer district. "It is always tempting to impose an onerous tax burden on those whose voice will least be heard and avoid the wrath of the more vocal. In all candor, however, it should be recognized that we have an obligation to all our citizens, future as well as present, and cannot shirk our duty because of the immediacy of the protest." Council concurred the Citizens Drainage Committee had done an excellent job of refining the technical data in the City Engineer's Report and con- curred the difficult issue would be the financing of drainage improvements on an equitable basis. UNSCHEDULED ITEM NO. 2: L. J. ALPINIERI, 10632 MAGDALENA AVENUE - REQUEST TO ALLOW FENCE ENCROACHMENT IN PUBLIC RIGHT -of -WAY. Staff report was presented noting the Alpinieri's desire to encroach 15' into the public right of way to construct a fence on Blandor Way, which would provide privacy and keep cars and chilren from falling down the slope into the swimming pool located at the bottom of the slope. City Manager stated past Town policy had been to not allow encroachment in the public right of way and read letters of objection to the encroachment from the following: Dr. and Mrs. Philip G. Armi, 24721 Olive Tree Lane; Mr. and Mrs. A. L. Powers, 24749 Olive Tree Lane; and Mr. T. W. Rimmerman, 24871 Olive Tree Court. Council discussion ensued, with Floor participation by Mr. and Mrs. Alpinieri. MOTION, SECONDED AND CARRIED: Councilman Davey moved, seconded by Benson and carried unanimously, that this matter be referred to the Planning Commission. UNSCHEDULED NO. 3• DR. ROBERT EICHOLZ, 12762 La Cresta Drive - REQUEST FOR ISSUANCE OF BUILDING PERMIT PRIOR TO BUILDING SITE APPROVAL. Staff report was presented noting the lot was created more than 10 years ago as part of Unit #5, Fremont Hills Subdivision and requiresb-:ilding site -3- UNSCHEDULED ITEM NO. 3: Eicholz cont'd.: approval. The applicant requests that a building permit be issued in con - 06 junction with the application for building site approval, so as to initiate construction of the residence prior to the winter rains. City Attorney stated the Building Site Approval Ordinance, No. 1029 allows no provision for issuance of a building permit prior to building site approval. Council discussion ensued, with Floor participation by A. Lambert, applicant's builder, and Mrs. J. G. Ronsiek, 13023 Vista del Valle Court. MOTION, SECONDED AND CARRIED: Councilman Davey moved, seconded by Benson and carried unanimously, that Mr. Robert Eicholz proceed under normal ordinance requirements with the various applications to proceed concurrently to the maximum extent possible. UNSCHEDULED ITEM NO. 4: M. R. JOHNSON (301-65) - 4 lots, Purissima Road - REQUEST FOR EXTENSION OF TIME TO FILE FINAL MAP. Staff report was presented noting the Tentative Map was approved on May 23, 1968 and recommending approval. MOTION, SECONMD AND CARRIED: Councilman Benson moved, seconded by Helgesson and carried unanimously, that the request of M. R. JOHNSON (301-65) 4 lots, Purissima Road, for a one (1) year extension of time to November 23, 1970 for filing of Final Map be approved. `' UNSCHEDULED ITEM NO. 1• NOLLER, CARL (360-69) - 2 lots, 9.89 acres, La Paloma Rd. Engr. J. W. Riley. Staff Report was presented noting Planning Commission had recommended approval subject to the designation of Parcel A as "NOT A BUILDING SITE" and approval of Conditional Exception allowing a 50' right of way on Alta Tierra Road. MOTION, SECONDED AND CARRIED: Councilman Davey moved, seconded by Benson and carried unanimously that the Tentative Map of Carl and Edna Noller (360-69), 2 lots, be approved subject to the conditions of the Check List. UNSCHEDULED ITEM NO. 5: CONSIDERATION OF JOINING STATE ATTORNEY GENERAL IN LITIGATION VS AUTO MANUFACTURERS. City Attorney stated the State Attorney General had been requested to provide additional information concerning the basis for litigation and recommended this matter be continued. Council concurred. UNSCHEDULED ITEM NO. 6: DISCUSSION OF ABAG GENERAL ASSEMBLY MEETING AND NOMINATIONS FOR BCDC. Councilman Davey reviewed agenda of the next AEAG General Assembly meeting scheduled for October 31. Council concurred to support the proposed amend- ment to implement Regional Home Rule re election of officers. Council concurred that San Jose Mayor Ron James should be rocommended for nomination `, to the Bay Conservation Development Commission. -4- UNSCHEDULED ITEM NO. 7• REPORT ON PLANNING COMMISSION ACTION ON COUNCIL REFERRAL RE: ADOBE CREEK LODGE. 4 City Manager reviewed Commission response to Council referral questioning permissible land use at Adobe Creek Lodge, noting the Commission concurred present ordinance requirements restrict additional land use. Mr. David Bellucci inquired as to whether the Town had hired an attorney to investigate his facility. City Attorney advised the Council that it would not be appropriate to comment on this inquiry and stated he had informed Mr. Bellucci that he had no comment and had reminded Mr. Bellucci that it was the Town's responsibility to enforce Town ordinances, and also reminded him that potential litigation was not public information. Council discussion ensued concerning Adobe Creek Lodge land use, with Floor participation by Mrs. D. Miller, G. Ferrari, and D. Jansson. UNSCHEDULED ITEM NO. 8: CONSIDERATION AND POSSIBLE ACTION REQUESTING STATE TO PROVIDE ADDITIONAL LANDSCAPING. City Manager reviewed Tree Committee recommendations contained in a letter to the State Division of Highways, noting additional landscaping was re- quested in the vicinity of the Little League ballpark, the Robleda underpass, E1 Monte overpass, and the Magdalena overpass. MOTION, SECONDED AND CARRIED: Councilman Davey moved, seconded by Benson and carried unanimously, that the City Council transmit the presented letter to the State Division of Highways and include a reference to the original agreement for landscaping review. UNSCHEDULED ITEM NO. 9: STAFF REPORTS: City Manager: 1) Traffic complaints in the vicinity of Olive Tree Lane and Blandor Way have precipitated installation of a new "CURVE" sign. 2) Voluntary participation by property owners is being sought to provide a drainage solution in the vicinity of Olive Tree Court. 3) Engineers have assured that the historical markers located in the Parkside Subdivision will be preserved. 4) Mr. Jack Kilburn, property owner in the vicinity of the Anacapa slide, has presented an engineering report and Staff is continuing to work with Mr. Kilburn to seek implementation of a solution to the drainage and slide problem. 5) Noted voluntary bicycle licensing has been scheduled on November 8 at the Purissima School from 8:00 to 10:00 A. M., and the Eastbrook School at 12:00 Noon to 2:00 P. M. Assistant City Manager: 1) Noted the warrant list contained $5,497.80 in refunds to those property owners in S.A.D. #3, who had paid their assessments in cash, and the remainder of the property owners in S.A.D. #3 will receive a refund on their County Tax Statements in the amount of $166.60 per unit of benefit, due to the construction contract being awawdc.a at a hid ].ower than the engineer's estimate. -5- STAFF REPORTS: Assistant City Manager cont'd.: 2) Noted AB 66 substitutes four Monday holidays for holidays which occur on specific days and that holidays proclaimed by the President or the Governor after November 10, 1969 will not apply, except when specifically made applicable by Town resolution. Council concurred this matter should be agended, with Staff recommendations pertaining to proclaimed holidays. City Attorney: 1. Stated revisions to provide the penalty of double fees for violation of Site Development Ordinance No. 133 would be incorporated in present Planning Commission considerations of said ordinance. PRESENTATIONS FROM THE FLOOR: 1. Mr. A. M. Laws expressed the Los Altos Hills Associations feeling of the need for a sphere of influence map and recommended the General Plan be partially revised immediately to designate Page Mill and Arastradero Roads as two lane roads. 2. Mrs. J. G. Ronsiek noted antenna violations concerning height, setback, and questioned number allowed within the Town. City Manager noted complete review of antenna regulations may be needed. 3. Mrs. D. Miller questioned allowance within the Town of duplex construc- tion. City Attorney stated the Town was permitted to regulate use, but not design of a dwelling. 40 WARRANTS: NOTION, SECONDED AND CARRIED: Councilman Benson moved, seconded by Helgesson, that the warrants as presented in the amount of FOURTEEN THOUSAND, SEVEN HUNDRED FIFTY DOLLARS and Forty-six Cents ($14,750.46) be approved, and the City Clerk authorized to draw the appropriate warrants, was carried by roll call vote. ADJOURNMENT: There being no further busines to come before the Council, Mayor Aiken adjourned the meeting at 11:55 P. M. to: LITIGATION SESSION. At 12:21 A. M., Mayor Aiken reconvened the meeting for the sole purpose of adjourning to: NEXT REGULAR MEETING: Monday, November 3, 1969, at 7:45 P.M. at the Town Hall. Respectfully submitted, ' DENNIS R. LAHR Assistant City Manager DRL/mam Town of Los Altos Hills 10/20/69 4W -6-