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HomeMy WebLinkAbout06/03/1968CITY COUNCIL TOWN OF LOS ALTOS HILLS MINUTES OF A REGULAR MEETING June 3, 1968 REEL 10, SIDE 2, TRACK 2 -- FOOTAGE 40 - 1364 REEL 11, SIDE 1, TRACK 1 - FOOTAGE 00 - 348 Mayor Wm. Ross Aiken called the Regular Meeting of the City Council of the Town of Los Altos Hills to order at 7:48 P. M. in the Council Chambers of the Town Hall, 26379 Fremont Road, Los Altos Hills, with the follow- ing members answering Roll Call: Present: Councilmen Benson, Davey, Fowle, Helgesson, Mayor Aiken. Absent: None. PLANNING COMMISSION REPRESENTATIVE: Commissioner A. H. Lachenbruch APPROVAL OF MINUTES: May 23, 1968. Upon Motion by Councilman Fowle, seconded by Helgesson, the Minutes of May 23, 1968 were unanimously approved as submitted. y3 City Manager read the following communications: 1) Paul E. Villars, 13070 South Alta Lane, dated June 3, 1968, request+ ing inclusion in Sewer Assessment District No. 3. Council concurred that this matter should be referred to the City Engineer noting that additional connections would be approved, providing that a fair share was paid, that share being no less than the charge to residents in District No. 3. 2) Tom McKnight, President of the Los Altos Trails Club, dated May 27th re installation of gates on the Byrne Property. 3) Mr, and Mrs. Hugh L. Monahan, 13010 E. Sunset Drive, dated June 3, 1968 opposing use permit for 1201 radio tower proposed for B1 Retire Retreat in the County. 4) Walter G. Vincenti, 13200 B. Sunset Drive, dated June 2, 1968, opposing use permit for the proposed tower noted above. Council concurred to discuss this matter later in the Agenda. 5) William J, McCann, Mayor of Sante Fe Springs, dated May 17, 1968 requesting support for AB1203, which would increase penalties on designated traffic offenses. Council concurred to discuss this matter later in the Agenda. LF 6) George S. Nolte, Consulting Civil Engineer, dated May 21, 1968, re proposed annexation to Los Altos of five acre parcel between Old Fremont Avenue and Adobe Creek. Council concurred to discuss this matter later in the Agenda. CommuNICATIONS cont'd.: L 7) Petition from Citizens for Horse Ring dated May 27. 1968 request- ing the Town to reserve a one-half acre site at the Little League Field for a horse riding ring, to be funded and built by interested citizens. Council indicated approval and concurred that this matter should be referred to the Little League Planning Committee. Council directed Staff to investigate liability associated with the proposed horse ring. ANNOUNCEMENIS: 1) City Manager noted the Town's population effective April 1. 1968 was 6.475, an increase of 650 over the last two years. 2) City Manager noted the Inter -City Council will meet June 5th in Saratoga. SCHEDULED ITEM NO. 1 STATEMENT OF POLICY RE: SEWERS: Councilman Benson introduced and read in its entirety Resolution No* 4580 a resolution of the Town of Los Altos Hills regarding sewer policy. Councilman Benson noted the following basic points: 1) New districts would be restricted only to those who want or need to be included, whenever this is possible; and 2) when not possible to draw district boundaries to exclude those not needing or wanting sewers, those residents not connecting will be charged a lesser amount than those connecting. MOTION AND SECOND: Councilman Benson moved, seconded by Helgesson. that Resolution No. 458 be adopted as read. AMENDMENT NO. 1: Councilman Fowle moved, seconded by Davey, to add the following to the second 'Whereas': "unless they receive measurable benefit either as insurance or as reduced health hazard". Amendment No. 1 was defeated by a majority voice vote. AMENDMENT NO. 2: Councilman Fowle moved. Seconded by Davey, to add the following to the fourth 'Whereas': "but is recognized that the boundaries should follow sound engineering practices." Amendment No. 2 was defeated by a majority voice vote. AMENDMENT NO. 3: Councilman Fowle moved, seconded by Davey, to add the following at the end of the first sentence in Section A, Sub -section 2 (b): "and commensurate with improving neighborhood health safety as it affects said resident". Amendment No. 3 and Second were withdrawn. -2- 'az iz8 SCHEDULED ITEM NO. 1 - Sewer Policy cont'd.: AMENDMENT NO. 4: Councilman Fowle moved, seconded by Davey and carried unanimously by voice vote, that the first sentence in Section A, Sub. section 2 (b) be amended to read as follows: ^an amount commensurate with the value of having a trunk or collector line nearby.'i Council discussion ensued with Floor participation by Be A. Breyman, 13456 Wilderest Drive, and Thomas Marshall, 25560 Altamont Road. VOTE: Resolution No. 458 as amended (No. 4) was carried unanimously by roll call vote: Ayes: Councilmen Benson, Davey, Fowle, Helgesson, Mayor Aiken. Noes: None. Absent: None. SCHEDULED ITEM NO. 2 350 AWARD OR REJECTION OF BIDS FOR BONDS IN SEWER ASSESSMENT DISTRICT NO. 3: City Attorney noted bids had been received at 3:00 P. M. on June 3, 1968 and that the low bid was submitted by Stone and Youngberg, 1314 Russ Building, San Francisco. City Attorney noted the bid in- cluded the following: 97.31% of the principal amount; 5''% interest rate upon bonds maturing 1968-71; 5-3/4% interest rate on bonds matur- ing 1972-83; an estimated interest rate of 6.058764% (net). City Attorney noted the bid was in proper form and recommended the award of bids by resolution later in the Agenda. SCHEDULED ITEM NO. 3 AWARD OR REJECTION OF BIDS FOR BONDS IN SEWER ASSESSMENT DISTRICT NO. 2: 369 City Attorney recommended that the Council take no action at this time due to pending litigation. COMMUNICATIONS NOS. 3 and 4 continued re E1 Retire Retreat Application 3 73 for Use Permit for Radio Antenna: Council discussion ensued with the following objecting to the application: Hugh Monahan, 13010 E. Sunset Drive; Robert Fish, 13210 B. Sunset Drive; Stanley Weiss, 13208 E. Sunset Drive. MOTION, SECONDED AND CARRIED: Councilman Davey moved, seconded by Benson and carried unanimously, that the Council go on record as opposing the erection of a radio antenna on the 91 Retire Retreat property located at 663 University Avenue, Los Altos and that the Staff be directed to express this opposition to the Santa Clara County Planning Commission. SCHEDULED ITEM NO. 4 CONSIDERATION OF REQUEST FOR EXTRA -TERRITORIAL JURISDICTION FOR SEWER DISTRICT• City Manager reviewed request from Santa Clara County for the Town to Y participate in a County Sewer District and requesting extra -territorial jurisdiction for the following areas: LAH - Summerhill Area � 158 potential connections; LAH2 - Magdalena Area - 314 potential connec- tions; LAH3 - La Loma Area - 28 potential connections. _3.. SCHEDULED ITEM NO. 4 - Counter' Sewer District cont'd.: Council discussion ensued concerning the newly adopted sewer policy statement and need for survey in the Magdalena Area, with Floor partici- pation by: Mrs. D. Spencer, 27490 Sherlock Road; Mel Hawley, 13441 Robleda Road, and Mrs. D. Miller, 13076 Vista del Valle. MOTION, SECONDED AND CARRIED: Councilman Henson moved, seconded by Helgesson, that the Los Altos Hills Association be appointed to assist in a survey in Los Altos Hills2 of residents' desires regarding sewers, the survey to be based on a questionnaire prepared by the Staff and replies mailed to the Town Hall, was carried by majority voice vote, Councilman Davey opposed. Council directed the Staff to inform the Couaty of the Town's desire to conform to the new sewer policy. SCHEDULED ITEM NO. 5 L 7q DISCUSSION OF ORDINANCE NO 141 re: Establishing_ Drainage Assessment Fund. City Manager noted that Ordinance No. 141 was based on recommendations of the Drainage Committee and would establish a drainage assessment fund which would assess new subdivisions $450 per gross acre and would assess building permits upon property not previously assessed .010 per square foot covered by the building permit. Council discussion ensued with the following speaking in opposition to Ordinance No. 141s Mel Hawley, S. A. Breyman, Alan Lambert and W. T. Samuels, 10800 Magdalena Road. Council concurred that a Public Hearing should be agended for the June 17th meeting. SCHEDULED ITEM NO. 6 FIRST READING OF BUDGET AND TAX RATE: City Manager reviewed budgetary procedure, noting that 1967-68 expendi- tures will be listed in the completed 1968-69 budget. In response to questions from the Floor, the City Attorney stated the First Reading of the budget would have to be held this meeting in order to have the Second Reading prior to June 30th. Council unanimously concurred that all discussion should be heard prior to the First Reading. Council discussion ensued with Floor participation bys Mrs. D, Miller, Mr, and Mrs. Wm. T. Samuels, J. Welsh, 26630 Ascension Drive, Mrs. J. D. Ronsiek, 13023 Vista del Valle. There being no further comments, Council concurred that a Budget Study faw Session be scheduled for next year prior to the First Reading of the budget. -4- o :39 UNSCHEDULED ITEM NO. 1 JANSSON. DAVID - REQUEST FOR PERMISSION TO FILE PARCEL MAP IN LIEU OF P-7 FINAL MAP: City Engineer noted that no dedications would be required and recommended that the request be approved and the Parcel Map filed, upon completion of road improvements. City Engineer further noted Lots #1 and #3 are not building sites. Council discussion ensued with Floor participation by: Mrs. J. K. Bell, 27421 Sherlock Road; D. Jansson; Mrs. M. G. Boissevain, 27181 Sherlock Road; Thomas Marshall; Robert W. Stauffer, 27760 Sherlock Road. MOTION, SECONDED AND CARRIED: Councilman Fowle moved, seconded by Davey, and carried unanimously, that the request of David Jansson for permission to file Parcel Map in lieu of Final Map be approved. UNSCHEDULED ITEM NO. 2 MUNOZ, ROBERT (8SA-40.68) 1 lot, Robleda Road. 1/y Staff report was presented, noting Health Department has agreed to the use of a temporary septic tank until sanitary sewers are available. MOTION, SECONDED AND CARRIEDz Councilman Fowle moved, seconded by Helgesson and carried unanimously, that the request of Robert Munoz (BSA -40-68) be approved, subject to the conditions of the Check List. 6 Mr. Donald L. Everingham, 25620 Burke Circle, noted his lot is below the Munoz lot and he was concerned about drainage problems. Council directed Staff to notify Health Department of potential drainage problems. UNSCHEDULED ITEM NO. 3 HILLMAN, H. W. (BSA -41-68) 1 lot, Summit Wood Road. J36 Mr. Richard Towle, 26493 Weston Road, inquired if Agency approvals were ten years old. Staff noted that all Agency approvals are revised at the time of the application. MOTION, SECONDED AND CARRIED: Councilman Helgesson moved, seconded by Fowle and carried unanimously, that the request of H. W. Hillman (BSA -41-68) be approved, subject to the conditions of the Check List. UNSCHEDULED ITEM NO. 4 SILVER, JOHN A. (302..65) 2 lots - Final Map. Staff report was presented, noting the subdivision had been approved in July, 1965 but that more than one year had elapsed prior to the filing of the Final Map. MOTION, SECONDED AND CARRIED: Councilman Benson moved, seconded by oar Helgesson andcarricd unanimously, that the Final Map of John A. Silver (302-65) be approved, subject to the conditions of the Check List. -5- %$O UNSCHEDULED ITEM NO. 5 �$ MONTE LUCERO (323-66) Tract No. 4392, Final Map. Lp Staff report was presented, noting that Tentative Map had been approved as Champagne Heights Unit #2. In response to a question from the Floor. CITY ATTORNEY STATED THAT IF A TENTATIVE MAP HAS BEEN APPROVED AND THE FINAL MAP CONFORMS TO THE REQUIREMENTS OF THE TENTATIVE MAP, THE COUNCIL MUST APPROVE THE FINAL MAP. Council discussion ensued with Floor participation by Richard Towle and Donald E. Spencer. MOTION, SECONDED AND CARRIED: Councilman Fowle moved, seconded by Helgesson and carried unanimously that the Final Map of Monte Lucero (323-66b Tract No. 4392, be approved. UNSCHEDULED ITEM NO. 6 DISCUSSION OF PROPOSED AMENDMENT TO STATE CONSTITUTION RE: FORMATION )7 7 OF SPECIAL DISTRICTS OR AGENCIES: City Manager reviewed ACA #30. City Attorney advised the Council that this Constitutional Amendment was not applicable to the Town and no action was taken. UNSCHEDULED ITEM NO. 7 CONSIDERATION OF SEWER REFUNDING AGREEMENT - Wendell Roscoe: z13 E This matter was deferred to the June 17th. - --• ` UNSCHEDULED ITEM NO. 8 CONSIDERATION OF LOCAL COMMUNITY ACTION AGENCY APPLICATION OF SANTA �.Uy CLARA COUNTY: City Manager noted that the proposal created no fiscal responsibility for the Town and that lack of response from the Council would be treated as an acceptance of the application and agreement to be included in the proposed Community Action Program. Council concurred that no action should be taken, thereby accepting the proposed Community Action Program. UNSCHEDULED ITEM NO. 9 STAFF REPORTS: 1) City Manager presented proposed draft for remodelin g the Council Chambers prepared by Chairman Minckley. Council deferred the matter for review. 2) City Manager reviewed Senate Bill #624, which would reallocate tax funds to the detriment of Northern Counties. Council directed Staff to inform appropriate legislators of the Town's opposition to SB624. 3) City Manager noted Resolution No. 64 declared State-wide elections holidays for the Town and requested Council permission for the Town Hall to remain open on Tuesday, June 4th. City Attorney stated that to work on the day of the Primary Election would be a direct violation of the Government Code. Council concurred Town Hall should be closed Tuesday, June 4th. -� 2T7 RESOLUTIONS: 1. Resolution No. 463. City Attorney introduced and read in its entirety Resolution No. 463, a resolution awarding sale of bonds, Town of Los Altos Hills, Sewer Assessment District No. 3. MOTION, SECONDED AND CARRIED: Councilman Helgesson moved, seconded by Fowle, that Resolution No. 463 be adopted as read, was carried unanimous- ly by roll call vote: Ayes: Councilmen Benson, Davey, Fowle, Helgesson, Mayor Aiken. Noes: None. Absent: None. ORDINANCES• 1) Ordinance No. 136. Second Reading. City Attorney read the title of Ordinance No. 136, an ordinance of the City Council of the Town of Los Altos Hills providing for the sanitary disposal of sewage, declaring violations thereof to constitute public nuisance, repealing ordinances and portions thereof in conflict there- with, and providing for penalties for violation. MOTION, SECONDED AND CARRIED: Councilman Fowle moved, seconded by Benson, that further reading of Ordinance No. 136 be waived, was carried unanimously by roll call vote: Councilmen Benson, Davey, Fowle, Helgesson, Mayor Aiken. Noes: None. Absent: None. MOTION, SECONDED AND CARRIED: Councilman Fowle moved, seconded by Benson, that Ordinance No. 136 be adopted as read, was carried unanimous- ly by roll call vote: Ayes: Councilmen Benson, Davey, Fowle, Helgesson, Mayor Aiken. Noes: None. Absent: None. 2) Ordinance No. 141 - Council previously deferred to June 17th meeting. 20(- 3) Ordinance No. 143 - First Reading. xaF7 City Attorney introduced and read the title of Ordinance No. 143, an ordinance of the Town of Los Altos Hills adopting budget and fixing the amount of money to be raised by taxation. MOTION, SECONDED AND CARRIED: Councilman Fowle moved, seconded by Helgesson, that further reading of Ordinance No. 143 be waived, was carried unanimously by roll call vote: Ayes: Councilmen Benson, Davey, Fowle, Helgesson, Mayor Aiken. Noes: None. Absent: None. 4) Ordinance No. 144 - First Reading. City Attorney introduced and read the title of Ordinance No. 144, an ordinance of the Town of Los Altos Hills fixing the tax rate for the current year. MOTION, SECONDED AND CARRIED: Councilman Fowls moved, seconded by Benson, that further reading of Ordinance No. 144 be waived, was carried 40 unanimously by roll call vote: Ayes: Councilmen Benson, Davey, Fowle, Helgesson, Mayor Aiken. Noes: None. Absent: None. -7- OTHER BUSINESS BY COUNCILMEN: 1) Communication #5 continued re AB1203: i Council concurred that they would like to know if increased charges X11 would be directed for police enforcement only, and directed Staff to obtain a copy of AB1203. z94 2) Communication #6 continued re Annexation of County Area between Z,9� Old Fremont Road and Adobe Creek to Los Altos. Council discussion ensued with Floor participation by Richard Towle. Council concurred that this matter should be deferred to June 17th for review. 3) Councilman Fowle requested memorandum from City Attorney regarding creation of unusable lots. 4) Mayor Aiken requested Council approval to investigate and study the Town path situation with the Chairman of the Path Committee and Los Altos Trail Club. MOTION, SECONDED AND CARRIED: Councilman Benson moved, seconded by Helgesson and carried unanimously, that Mayor Aiken be appointed to represent the Council to review Town path plans. There being no further business, the meeting was adjourned at 12:03 A. M. to: LITIGATION SESSION: TO NEXT REGULAR MEETING: Monday, June 17, 1968, at 7:45 P. M. at the Town Hall. Respectfully submitted, DENNIS R. LAHR City Clerk -Treasurer DRL/mam Town of Los Altos Hills 6/3/68 go