HomeMy WebLinkAbout11/03/1969IV CITY COUNCIL
TOWN OF LOS ALTOS HILLS
MINUTES OF A REGULAR MEETING
November 3, 1969
REEL 20 - SIDE 2, TRACK 4 -- FOOTAGE 00-1332
Mayor Wm. 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, Helgesson,
Mayor Aiken. Absent: Councilman Fowle.
PLANNING COMMISSION REPRESENTATIVE: Commissioner W. F. Minckley.
APPROVAL OF MINUTES; October 20, 1969,
Councilman Helgesson moved, seconded by Benson and carried unanimously,
that the Minutes of October 20, 1969 be approved as submitted.
COMMUNICATIONS:
1. A. M. Laws, Los Altos Hills Association, dated October 1, urging
immediate filing of Town's sphere of influence maps.
Mayor Aiken requested Commissioner Hinckley to convey to the Commission
the Council's feeling of urgency on this matter.
ANNOUNCEMENTS
1. League of California Cities, Peninsula Division, has requested Councilmen
to volunteer for Committee service.
2. City Manager stated his desire to attend seminar in San Francisco on
November 18 re Solid Waste Management. Council concurred.
3. Los Altos Beautification Committee invited participation in 1969 Annual
Awards for Architecture and Landscaping, noting a program for Los Altos Hills
would cost approximately $40.00.
Council unanimously concurred to participate in the Los Altos Beautification
Committee Program.
4. City Manager stated Staff would review ordinances concerning movement
and usage of house trailers.
5. Stanford Research Institute has completed its Convention Center/Arena
Report, which will be presented November 12 at the County Board of Super-
visors Hearing Room in San Jose.
6. Citizens for Freeways and Highways will conduct a mini -seminar
November 13 at the Hyatt House in San Jose re freeway design.
7. Mayor Aiken stated the Tentative Horse Ordinance had been preempted on
the agenda by the dog discussions and suggested the Horse Ordinance be
agended for the December 1st meeting. Council concurred.
SCHEDULED ITEM NO. 1•
DISCUSSION AND POSSIBLE ACTION RE: PLANNING COAIISSION RECOMMENDATION ON
DOG REGULATIONS.
Staff report was presented noting the Planning Commission held a Public
Hearing on the question of dog control and had unanimously recommended that
the Town adopt, as a temporary stop -gap measure, Article 4, Section 4.3.4-1
of the County Animal Regulations and that a Citizens Committee be formed
to further study this problem.
City Manager reviewed the following Section of the County Ordinance, which
is presently excluded from Town Ordinances: "Article 4 - General Regulations
Section 4.3.4-1: Stray Animals - No person owning or having control of any
animal shall permit such animal to stray or run at large upon any public
street or other public place, or any unenclosed private lot or other un-
enclosed private place in the County of Santa Clara, or upon any private
place or property without the consent of the owner or person in control
thereof."
The following communications in support of increased dog controls were
reviewed:
B. L. Pfefer, 26089 Todd Lane
Mr. and Mrs. James E. Piper, 10650 Magdalena Road
Stephen N. Cook, 24740 Olive Tree Lane
Mrs. Muriel Smith, Principal, Gardner Bullis School
William D. Sauers, 26450 Anacapa Drive
Glenn Campbell, 26915 Alejandra Drive
Mrs. E. R. Hansen, 12395 Melody Lane
Bradley H. Young, 13850 Campo Vista Lane
William Elliott, Principal, Fremont Hills Elementary School
Mrs. James Mueller, 12728 La Cresta Drive
A communication was reviewed from William W. Auxier, 12930 La Cresta Drive,
opposing any increase in dog controls.
Council discussion ensued concerning increased dog controls, with Floor
participation by the following speaking in support of increased dog
controls: Alice Abraham, 12630 Corte Madera Lane; B. L. Pfefer; William
Downing, 13330 DeBell Drive; Larry Watkins, 27000 Altamont Road; Mr. and
Mrs. Wm. D. Sauers; David Jansson, 27440 Sherlock Road; Mrs. F. Olgiati,
25960 Vinedo Lane; Daniel Alexander, 27200 Elena Road; Edith William,
25611 Burke Road; A. M. Laws, 11210 Hooper Lane.
The following spoke in opposition to increased dog controls: Wiliam Auxier;
Jean Procassini; B. Jacobsen, 26550 Anacapa Drive; Florence Fava, 26691
Moody Road.
The following also participated in the Floor discussion: Dianne Miller,
13076 Vista del Valle Court; Irma Goldsmith, 27330 Elena Road; Mrs. J. G.
Ronsiek, 13023 Vista del Valle Court; Mr. and Mrs. William Phy, 21616 Moody
Road.
The following points were clarified during Floor discussion:
1) The Town is the only area in Santa Clara County, incorporated or un-
incorporated, that does not have stray animal control.
-2-
SCHEDULED ITEM 1: Doo Controls cont'd
` 2) Mr. William Auxier is conducting a survey of citizens' desires on this
issue and has initiated a Health Department survey of bites occurring in the
last 11.4 years, both within the Town and within the City of Palo Alto.
3) Council unanimously requested the First Reading of Ordinance No. 164 be
held adopting Article 4 of the County Animal Regulations re stray animals.
City Attorney introduced and read in its entirety Ordinance No. 164, an
ordinance of the City Council of the Town of Los Altos Hills, amending
Ordinance No. 145 of said Town, to adopt Article 4, General Regulations,
Section 4.3.4-1: Stray Animals, of the County Animal Regulations.
Council concurred the Second Reading of Ordinance No. 164 should be agended
for November 17, 1969 and a Citizens Committee should be formed.
9:22 P. M. - 10:02 P. M.: EXECUTIVE SESSION RE LITIGATION.
SCHEDULED ITEM NO. 3:
POSSIBLE ACTION ON ALLEGED ZONING VIOLATIONS.
City Manager read in its entirety letter dated October 10, 1969 from Attorney
Faber L. Johnston, Jr., of Johnston, Miller & Giannini, recommending the
following:
1. An action be brought against Adobe Creek Lodge, both in declaratory
relief and for an injunction, to have the Court establish the nature and
extent of the uses as of the effective date of the ordinance rezoning the
property to single-family residential, and then to seek an injunction against
all other uses being conducted, which were not so conducted on that date.
2. Consideration be given to amending the Town's Zoning Ordinance so as to
require a Use Permit to continue even a pre-existing non -conforming use.
MOTION, SECONDED AND CARRIED. Councilman Helgesson moved, seconded by
Benson, to authorize Faber L. Johnston, Jr. to commence legal proceedings
for injunctive and declaratory relief against owners of the Adobe Creek
Lodge, to draw a line against expansion of non -conforming uses, this
authorization to include any necessary negotiations with a view to obtaining
voluntary compliance with our zoning ordinances.
Council discussion ensued, with Floor participation by A. M. Laws, Gerald
Ferrari, 25800 Altamont Road. Mayor Aiken stated the main objective was to
have an impartial third party (the Court) determine uses in existence at the
time of incorporation and uses developed after incorporation.
VOTE: The above Motion authorizing legal proceedings was carried unanimously
by the following roll call vote: Ayes: Councilmen Benson, Davey, Helgesson,
Mayor Aiken. Noes: None. Absent: Councilman Fowle.
UNSCHEDULED ITEM NO. 1:
AINSWORTH, FRAW H. (359-69) 2 lots, 2.4 acres, E. Sunset Dr. Engr.J. W. Rile,
City Manager stated applicant had requested this matter be continued to the
November 17th meeting.
Council concurred that, due to Public Hearings scheduled for November 17,
this matter be continued to the December 1st meeting.
-3-
UNSCHEDULED ITEM NO. 2•
COMMUNICATION FROM MELVIN L. HAWLEY RE: S.A.D. #4.
to City Manager reviewed letter from Mr. Melvin L. Hawley dated October 23, 1969
requesting an unequivocable answer as to whether sewer capacity in the Los
Altos sewer facilities will be available in the future, if not reserved at
the present time.
City Manager stated there is no absolute guarantee that this capacity will be
available, due to the fact that City Councils cannot bind future City
Councils; but it is assumed that the capacity will be available in the future
at a higher cost.
Council discussion ensued, with Floor participation by Mrs. Edith Williams,
G. Ferrari, David Jansson, and Mrs. Dianne Miller.
Council requested Staff to advise Mr. Hawley that no unequivocable answer to
this question could be provided.
STAFF REPORTS:
City Manager:
1. Presented letter to State Division of Highways,requesting additional
landscaping along the Freeway, to the Council for their signatures.
2. Stated Rosehill Estates Unit #2 had been approved for sewers and designed
for pumping sewage into the Los Altos sewer system. City Manager notified the
City of Los Altos would not maintain the sewer pump and no maintenance
agreement fox the pump existed at this time.
The following points were clarified during Council discussion:
a) The aforementioned pump would also serve approximately 25 units in the
Almaden Court area, being considered in Sewer Assessment District No. 6.
b) Maintenance estimates for the pump are approximately $1,500.00 annually.
c) Both Rosehill Estates Unit #2 and S.A.D. #6 are in the Palo Alto
Drainage Basin and the Town has been charged $450.00 per unit for capacity
in the Palo Alto Basin.
d) Council concurred this matter should be resolved by Staff, noting the
apparent solutions would be either to allow septic tank systems or have the
sewers to this area be provided by the Palo Alto Drainage Basin.
Citv Attorne
1. Stated the claim by Rudolph Domenie had been amended to drop charges
against the Town for money damages and that the Town's insurance carrier
requested the City Attorney take over remaining litigation responsibilities
in this action. Council concurred.
PRESENTATIONS FROM THE FLOOR:
1. Mr. Tom Gamboa, Arbor Development Co., requested the Council abandon
a sewer easement on Lot #12, Tract No. 4215, and accept a new sewer easement
where the sewer has actually been installed, as shown on the improvement
plans for the subdivision.
Mayor Aiken requested the records show that there was no effect on any other
`, lots due to this change in sewer easement.
City Attorney introduced and read in its entirety Resolution No. 555, a
resolution of the City Council of the Town of Los Altos Hills vacating a
sewer easement.
-4-
PRESENTATIONS FROM THE FLOOR: Rosehills Est. Res. #555 cont'd.:
NOTION, SECONDED AND CARRIED: Councilman Helgesson moved, seconded by
Bensons that Resolution No. 555 be adopted as read, was unanimously carried
by the following roll call vote: Ayes: Councilmen Benson, Davey, Helgesson,
Mayor Aiken. Noes: None. Absent: Councilman Fowle.
2. Mr. R. J. Hahn, 26359 Esperanza Drive, requested that the lawn on Town
Hall property be made unavailable for the use of children playing football,
due to the noise problem.
Council expressed their regret for inconvenience to Mr. Hahn, but stated
that, as public property, the Town Hall lawn was available for public use.
3. Mrs. D. Miller reported that a traffic check on the Junipero Serra Free-
way, before and after the opening of the Freeway extension, indicated the
truck count had increased from 24 per hour to 120 per hour.
Council requested Staff to find out if the State Division of Highways has
any plans to repave the Freeway with a rough surface.
RESOLUTIONS:
1. Res. No. 554, accepting subdivision improvements in Tr. No. 4227.
City Attorney introduced and read in its entirety, Resolution No. 554,
accepting subdivision improvements in Tract No. 4227 (McCulloch Subdivision,
Miranda Road).
MOTION, SECONDED AND CARRIED: Councilman Benson moved, seconded by
Helgesson, that Resolution No. 554 be adopted as read, was carried by the
following roll call vote: Ayes: Councilman Benson, Davey, Helgesson, Mayor
Aiken. Noes: None. Absent: Councilman Fowle.
WARRANTS:
MOTION, SECONDED AND CARRIED: Councilman Benson moved, seconded by
Helgesson, that the warrants as presented in the amount of FORTY-EIGHT
THOUSAND, NINE HUNDRED FORTY-ONE DOU.ARS and Sixty-seven Cents ($48,941.67)
be approved, and the City Clerk authorized to draw the appropriate warrants,
was carried by roll call vote.
OTHER BUSINESS BY COUNCILMEN:
1. Councilman Helgesson recommended the following action be taken relative
to the Drainage Committee Report:
a) The City Attorney prepare an ordinance establishing a drainage assessment
fund for the Town.
b) Subdivider9 and builders contributions to the drainage assessment fund
be shown as an undetermined amount in the ordinance draft and these amounts
be determined by the Council at the First Reading of the ordinance.
p Council concurred with Councilman Helgesson's recommendations and requested
' this matter be agended at the December 15th meeting. Council requested
Councilman Helgesson to distribute information he had prepared re runoff
ratios and assessed valuations between developed and undeveloped land.
Aw 2. Mayor Aiken suggested the City Attorney prepare a change in the Zoning
Ordinance to require Use Permits for non -conforming uses, as recommended by
Faber L. Johnston, Jr.
Council concurred the City Attorney should proceed and that this matter
should be agended in the future.
-5-
LV OTHER BUSINESS BY COUNCILMEN cont'd.:
3. Councilman Davey requested Staff action on construction of the
Purissima bicycle path, acquisition of the Little League property on
Purissima Road, preparation of a long term financial plan, and codification
of ordinances.
ADJOURNMENT:
There being no further business to come before the Council, Mayor Aiken
adjourned the meeting at 11:40 P. M. TO:
NEXT REGULAR MEETING: Monday, November 17, 1969, at 7:45 P. M. at the Town
Hall.
Res ectfully submitted,
DENNIS R. LAHR
Assistant City Manager
DRL/mam Tam of Los Altos Hills
ow 11/3/69
taw