HomeMy WebLinkAbout06/17/1968CITY COUNCIL
TOWN OF LOS ALTOS HILLS
MINUTES OF A REGULAR MEETING
June 17, 1968
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Mayor Wm. Ross Aiken called the Regular Meeting of the City Council of the
Town of Los Altos Hills to order at 7:45 P. M. in the Council Chambers of
the Tam Hall, 26379 Fremont Road, Los Altos Hills, with the following
members answering Roll Call: Present: Councilmen Benson, Davey, Fowles
Mayor Aiken. Absent: Councilman Helgesson.
PLANNING COMMISSION REPRESENTATIVE: Commissioner L. Dawson.
APPROVAL OF MINUTES: June 3. 1968.
Amendment: Page 8, change end of Motion to read "review Town path situation .^
Upon Motion by Councilman Fowles seconded by Benson, the Minutes of
June 3, 1968 were unanimously approved as amended.
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The City Manager read the following communications:
OW 1) Petition by fifty-two (52) residents in the Summerhill Area requesting
the Council to grant extra -territorial jurisdiction for a County Sewer
Assessment District. Mr. Charles A. Walter, 24240 Summerhill Avenue,noted
the need for sewers in the area bounded by Summerhill, Magdalena,. the
Freeway, and the ridge along E1 Monte, and urged the Council to consider
the desirability of the proposed County Sewer District.
Mayor Aiken stated the following two problems exist: 1) the need for sewers
in the Summerhill Area, and, 2) the need to determine by July 15th the total
number of sewer connections desired for the portion of the Town draining
to Los Altos. Mayor Aiken noted the Town is sending a questionnaire to the
entire portion of the Town draining to Los Altos and that based on informa-
tion obtained it may be possible to grant partial extra -territorial juris-
diction to the County for the Summerhill Area only.
Mr. Steve Brooks, representing the Santa Clara County Health Department,
presented progress report on a door-to-door survey being conducted in the
Summerhill Area, noting that out of 62 homesites visited, 50 residents
favored and 12 residents opposed sewers. Mr. Brooks noted that 26 homes
reported past or present problems with 24 homes requiring substantial
work besides pumping.
Council discussion ensued, with the following speaking in favor of sewers
in the Summerhill Area: Fred Gutt, 24220 Summerhill Road, Mrs. Charles A.
LWalter, Owen Murray, 24160 Dawnridige Road, Albin Be Danell, 12520 Valley
View Drive, Los Altos.
Council concurred that this matter should be agended for the July 1st
meeting.
CODMIUNICATIONS cont'd.:
2) Association for Los Altos Junior Horsemen dated June 11, 1968, noting
their endorsement of the proposed bicycle path along Purissima Road.
3) Walter C. Peterson, 13851 Fremont Pines Lane, dated June 6, 19689
requesting a rehearing of his request to extend a sewer line beyond the
property line to alleviate difficult trenching problems.
City Manager noted that the basis for District No. 3 was to bring laterals
to the property line and that if the Council granted Mr. Peterson's re-
quest, they could expect additional similar requests.
City Attorney noted the following difficulties with the request: 1) Town
or District funds can not be spent on private property; and 2) the hearing
for objections expired March 28th when the assessment district was created.
Council discussion ensued with Floor participation by Mr. Peterson.
Mr. Peterson's request was denied due to the lack of affirmative action
by the Council.
4) United States Marine Corps dated May 230 1968 requesting the Mayor to
proclaim the period of August 15, 1968 through October,15, 1968 as
"Marine Reserve Civilian Assistance Program - Vietnam Days".
MOTIOyp SECONDED AND CARRIED: Councilman Fowle moved, seconded by Benson
and carried unanimously, that the Council approve the above proclamation.
( 5) Donald B. Spencer, 27490 Sherlock Road, dated June 12, 1968, requesting
that the name "tentative" be changed to a more descriptive term or that
whenever a tentative map is heard, it should be made clear to interested
persons that this is their last opportunity to present arguments.
City Attorney noted that the name "tentative" is specified by the State
Map Act and Council concurred that Mr. Spencer's second request should be
referred to the Planning Commission.
6) Petition signed by fifteen (15) residents of the MAPS Area requesting
an overall development plan for the area prior to the issuing of any
further permits.
City Manager noted that the Planning Commission has scheduled the matter
for a study session June 24th.
Council concurred that Commissioner A. H. Lachenbruch should head a
committee to meet with developers and residents of the area.
PLANNING COMMISSION REFERRALS:
1. City Manager noted that the Planning Commission recommended approval of
an open space reserve zone and emphasized the need for additional study in
this area. City Manager noted that the Staff would continue to investigate
open space reserve zoning.
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SCHEDULED ITEM NO. 1.
CONSIDERATION OF RESOLUTION TO STATE OF CALIFORNIA URGING A TEMPORARY BAN
OF TRUCKS FROM JUNIPERO SBRRA FREEWAY - MAYOR AIKEN.
Mayor Aiken noted that the Division of Highways has informed the Town that
it will be approximately two years before the State could enforce Los Altos
Hills' Ordinance No. 131, prohibiting trucks on the Freeway. Mayor Aiken
stated that the resolution to be considered later in the Agenda was an
attempt to temporarily ban trucks in the interim.
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SCHEDULED ITEM NO. 2.
PRESENTATION OF PROPOSED SEWER ASSESSMENT DISTRICT #5 (PAGE MILL ESTATES) - 79 N
FRANK SAUL•
Mr. Frank W. Saul, developer, presented sewer proposal for approximately
thirty-eight (38) lots in Page Mill Estates. Mr. Saul noted that the main
line would come up Arastradero Road and be extended up Liddicoat Drive,
at a cost of approximately $2.300-2.800 per lot. Mr. Saul noted that 29
lots are presently unimproved and that the time is opportune as six new
homes will he constructed in the near future. Mr. Saul stated that the
total number of lots involved was not definite at this time, noting that
lots #6 and 7 did not wish to connect.
Mayor Aiken noted that it would be in line with the Town's new sewer policy
to exclude lots #6 and 7, but that they would be required to pay their fair
share if they ever desired to connect to the lines.
Mr. Saul stated that he would proceed with the necessary requirements for
46 initiating sewer assessment district #5.
SCHEDULED ITEM NO. 3.
CONSIDERATION OF REQUEST TO ANNEX CERTAIN AREAS TO CITY OF IAS ALTOS. 68v
Mr. Paul O. Reimer, representing George S. Nolte Consulting Civil
Engineers, Inc., reviewed the proposed annexation to Los Altos of approxi-
mately five (5) acres lying between the Old Fremont Avenue and Adobe Creek.
Council discussion ensued concerning the proposed development plans for the
property.
MOTION, SECONDED AND CARRIED: Councilman Benson moved, seconded by Fowle
and carried unanimously, that the Council approve the annexation of the
subject property to Los Altos.
UNSCHEDULED ITEM NO. 1.
MIRRISON. G. D. (V-305-68) - Request for 25' reduction in street setback y/E
to 15' and 10' reduction in front setback to 30' at 25627 Elena Road for
residence addition.
Staff report was presented,noting that the Planning Commission unanimously
recommended approval.
MOTION, SECONDED AND CARRIED: Councilman Davey moved, seconded by Benson
and carried unanimously, that the request of G. D. Morrison (V-905-68)
AV for 25' reduction in street setback to 15' and 10' reduction in front set-
back to 30' at 25627 Elena Road be approved.
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UNSCHEDULED ITEM NO. 2, 9Z0
THOMAS. D. V. (V-307-68) - Request for 10' reduction in side setback to 20'
for pool at 26444 Ascension Drive.
Staff report was presented, noting that the Planning Commission unanimously
recommended approval.
MOTION, SECONDED AND CARRIED: Councilman Benson moved, seconded by Davey
and carried unanimously, that the request of D. V. Thomas (V-307-68) for
10' reduction in side setback to 20' for pool at 26444 Ascension Drive be
approved.
UNSCHEDULED ITEM NO. 3.
Staff report was presented, noting that the request was actually for a use
permit and three variances and recommending that neighboring property owners
receive legal notice of an application for three variances, as well as a
use permit.
MOTION, SECONDED AND CARRIED: Councilman Benson moved, seconded by Davey
and carried unanimously, that the request of Floyd W. Goates (UP -306-68)
be returned to the Planning Commission for review upon resubmission of the
application to include the variance requests.
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UNSCHEDULED ITEM NO. 4. 9��P
HAHN. ROBERT J. (BSA -43-68) - 1 lot, Esperanza Drive.
Staff report was presented, noting the 1.03 acre lot was created in March,
1958 and that the Planning Commission recommended approval.
MOTION, SECONDED AND CARRIED: Councilman Davey moved, seconded by Benson,
that the request of Robert J. Hahn (BSA -43-68) be approved subject to the
conditions of the Check List, was carried by a majority voice vote,
Councilman Fowle abstaining.
UNSCHEDULED ITEM NO. S.
JOHNSON, M. R. (BSA -45-68) - 1 lot, Purissima Road, 973
Staff report was presented, noting the 2.497 acre parcel was created in
September, 1956 and that the Planning Commission recommended approval.
MOTION, SECONDED AND CARRIED: Councilman Davey moved, seconded by Benson
and carried unanimously, that the request of M. R. Johnson (BSA -45-68) be
approved subject to the conditions of the Check List.
UNSCHEDULED ITEM NO. 6.
KAMM, M. D. (BSA -46-68) - 1 lot, E1 Monte Road. 9,60
Staff report was presented, noting the 1.518 acre parcel was created in
December, 1953 and that the Planning Commission recommended approval.
40 MOTION, SECONDED AND CARRIED: Councilman Davey moved, seconded by Benson
and carried unanimously that the request of M. D. Kamm (BSA -46-68) be
approved subject to the conditions of the Check List.
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UNSCHEDULED ITEM NO. 7, y 8 6
CLEMENT, R. D. (BSA -47-68) - 1 lot, Altamont Road.
Staff report was presented, noting the 13.4 acre parcel was created in
1947 and that the Planning Commission recommended approval.
MOTION, SECONDED AND CARRIED: Councilman Davey moved, seconded by Benson
and carried unanimously, that the request of R. D. Clement (BSA -47-68) be
approved subject to the conditions of the Check List.
UNSCHEDULED ITEM NO. 8.
CAMPBELL, DON M. (344-68) 3 lots, Robleda Road. Tentative Map.
This item was deferred to later in the Agenda at the request of applicant's
engineer.
UNSCHEDULED ITEM NO. 9.
WENDELL ROSCOE - CONSIDERATION OF SEWER REFUNDING AGREEMENT.
This item was deferred for review at the request of the Staff.
UNSCHEDULED ITEM NO. 3 CONTINUED:
GOATES, FLOYD W. (UP -306-68):
Mr. James C. Hoffman, attorney representing Floyd W. Goates, requested the
Council to reconsider its action on Mr. Goates request for secondary
dwelling at 13730 Burke Road, since the applicant was not present when
earlier action was taken. Council concurred to reopen the discussion.
Mr. Hoffman noted the following:
1) That the Staff had characterized the application as a use permit and
he would also like to have it cces;a...,:a as a variance application;
2) That ^••- .urnaw of tho .*---cure would require approximately a 10'
,variance;
3) That the applicant was willing to accept a professional ruling on the
exact acreage of the parcel,
Mr. Hoffman also noted the following special conditions: 1) The property
is adjacent to Shoup Park, which creates traffic and vandalism and, in view
of the applicant's health condition, the only practical answer is an on -
premise caretaker; 2) The County has already re -assessed the property as a
secondary dwelling; and 3) There have been no objections by the neighbors
to the application.
City Attorney noted his concern in the following areas: 1) The lack of
proper notice to neighboring property owners of the variance applications;
2) The possibility of map revision, and 3) the apparent absence of written
evidence of hardship.
Council discussion ensued and the applicant agreed to reappear before the
Planning Commission following resubmission of the application.
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logy
UNSCHEDULED ITEM NO. 10. /7
W. W. MILES - REQUEST FOR PERMISSION TO FILE A PARCEL MAP IN LIEU OF FINAL
MAP.
Staff report was presented, noting Planning Commission specifically
recommended a Final Map be filed, that dedications are required, and
recommending denial.
City Attorney stated that there appears to be no basis for a conditional
exception which provides grounds for permitting a Parcel Map.
Council discussion ensued, with Floor participation by J. W. Riley, Civil
Engineer.
MOTION, SECONDED AND CARRIED: Councilman Benson moved, seconded by Fowle
and carried unanimously, that the Council deny the request of W. W. Miles
for permission to file a Parcel Map in lieu of Final Map.
Mr. Riley requested the Council to consider an ordinance that would allow
Parcel Maps and state the conditions of their acceptance. Council requested
Staff to investigate this possibility.
UNSCHEDULED ITEM NO. 8 CONTINUED: 97
CAMPBELL, DON M. (344-68) 3 lots Robleda Road - Tentative Map. Engr. Riley.
Staff report was presented, noting the 4.47 acre subdivision conforms to
slope density requirements and that the Planning Commission recommended
approval.
Council discussion ensued concerning improvements and Staff noted that
40 the Treat Subdivision made in lieu payments in 1966 for roads and paths.
The applicant withdrew the request to file Parcel Map in lieu of Final Map.
J. W. Riley, representing Mr. Campbell, requested that a 24' wide easement
be stipulated for the driveway.
MOTION, SECONDED AND CARRIED: Councilman Davey moved, seconded by Benson
and carried unanimously, that the Tentative Map of Don M. Campbell (344-68),
3 lots, be approved subject to the conditions of the Check List and re-
quirement of 24' wide driveway easement.
UNSCHEDULED ITEM NO. 11.
DISCUSSION OF PROPOSED REMODELING OF COUNCIL CHAMBERS:
City Manager presented design proposed by Chairman Minckley for remodeling
of Council Chambers. The design included raising the Council table 6" and
arranging the table in a semi -circle.
Council discussion ensued, with Floor participation by Mrs. F. Olgiati,
25960 Vinedo Lane and Mr. E. A. Breyman, 13456 Wildcrest Drive.
Council deferred the matter for additional review.
UNSCHEDULED ITEM NO. 12.
STAFF REPORTS: / y9
City Manager:
`y 1) City Manager noted receipt of letter from the City of Los Altos dated
June 10, 1968 requesting the Town to provide definitive answers concerning
the granting of extra -territorial jurisdiction to the County for sewer
facilities in LAH 1, 2 and 3.
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STAFF REPORTS: City Manager cont'd.:
City Manager noted that Los Altos had been informed that the Town was
circulating a questionnaire to affected residents and expected the results
of this questionnaire would be available no later than July 15, 1968.
2) City Manager noted the following letters from the City of Palo Alto:
a) Chief Utilities Engineer, dated May 9, 1968, stating that the previous
estimate of $403,000 for Los Altos Hills' share in the proposed tri -city
treatment plant was excessive and that new cost figures indicate that the
Town's share of the capital costs will be $247,250 or $165,625, if a Federal
grant is received. City Manager noted that these lower costs will likely
eliminatp an a(Irlitional. assesement in Sewer Assessment District No. 3 ror
expansion and that the annual service fee could also be reduced after two
years.
b) George E. Morgan, City Manager, dated June 14, 1968, stating that Palo
Alto's final conclusions were that land area and maximum capacity should be
the principal criteria to determine the amount of the Town's financial con-
tribution to the tri -city treatment plant. Mr. Morgan stated that considera-
tion had previously been given to slope density, land use, zoning, and other
factors but that Palo Alto's concern must be with the maximum capacity which
might develop over a long period.
City Manager noted that based on his previous meeting with Mr. Morgan and
the above letter, it did not appear likely that the Palo Alto contract
could be further negotiated.
3) City Manager presented Law Enforcement Committee Annual Report to the
Council and noted this would be discussed at a later date.
City Attorney:
1) City Attorney noted that the trial concerning the spread of assessments
in Sewer Assessment District No. 2 had been completed and that a decision
could be forthcoming in approximately 30-60 days following submission of
briefs.
RESOLUTIONS:
1. Resolution No. 464 re: Sewer Assessment District No. 3 Bond Schedule. /73
This matter was deferred to the July 1st meeting at the request of Staff.
2. Resolution No. 465 re: Authorizing Bank Deposits and Signing of Checks, j 7�t
City Attorney introduced and read in its entirety Resolution No. 465, a
resolution of the City Council of the Town of Los Altos Hills authorizing
bank deposits and signing of checks.
Council discussion ensued concerning the number of signatures which should
be authorized and required, with Floor participation by Mrs. F. Olgiati.
Council concurred that the matter should be deferred to the July 1st meeting
for review.
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RESOLUTIONS Cont Id.:
3) Resolution No. 466 re: Temporary Truck Ban on Freeway.
City Attorney introduced and read in its entirety Resolution No. 466, a
resolution of the City of the Town of Los Altos Hills urging the State of
California, Division of Highways, to recognize the Town of Los Altos Hills'
Ordinance No. 131, which prohibits trucks on the Junipero Serra Freeway,
on a temporary basis.
Mr. Don Miller, Chairman of the Noise Abatement Committee, noted the
Committee's support for the temporary ban and offered assistance to the
Council and Staff in an attempt to obtain enforcement of same.
MOTION, SECONDED AND CARRIED: Councilman Benson moved, seconded by Davey,
that Resolution No. 466 be adopted as read, was carried unanimously by
roll call vote: Ayes: Benson, Davey, Fowle, Mayor Aiken. Noes: None.
Absent: Helgesson.
ORDINANCES••
1) Second Reading - Ordinance No. 143, adopting Budget for 1968-69. Z
City Attorney read the title of Ordinance No. 143, an ordinance of the
Town of Los Altos Hills adopting a budget and fixing the amount of money
to be raised by taxation.
MOTION, SECONDED AND CARRIED: Councilman Fowle moved, seconded by Benson,
that further reading of Ordinance No. 143 be waived, was - -
unanimously carried by Roll Call vote: Ayes: Benson, Davey, Fowle, Mayor
Aiken. Noes: None. Absent: Helgesson.
MOTION, SECONDED AND CARRIED: Councilman Fowle moved, seconded by Davey,
that Ordinance No. 143 be adopted as read, was carried unanimously by
Roll Call vote: Ayes: Benson, Davey, Fowle, Mayor Aiken. Noes: None.
Absent: Helgesson.
2) Second Reading - Ordinance No. 144, setting tax rate for the 1968-69 P-33
Fiscal Year.
City Attorney 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 Fowle moved, seconded by Benson,
that further reading of Ordinance No. 144 be waived, was carried unanimously
by Roll Call vote: Ayes: Benson, Davey, Fowle, Mayor Aiken. Noes: None.
Absent: Helgesson.
MOTION, SECONDED, AND CARRIED: Councilman Fowle moved, seconded by Benson,
that Ordinance No. 144 be adopted as read, was carried unanimously by Roll
Call vote: Ayes: Benson, Davey, Fowle, Mayor Aiken. Noes: None.
Absent: Helgesson.
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WARRANTS:
MOTION, SECONDED AND CARRIED:
Councilman Fowle moved, seconded by Benson, that bills as presented in
the amount of $33,676,94 (Thirtyethree thousand, six hundred seventy six
dollars and ninety-four cents) be approved and the City Clerk authorized
to draw the appropriate warrants, was carried unanimously by Roll Call
vote: Ayes: Benson, Davey, Fowle, Mayor Aiken, Noes: None, Absent:
Helgesson,
Mayor Aiken noted that warrants included $17,082,00 to the Santa Clara
County Sheriff fox past services and recommended review of Sheriff's
contract to provide more crime protection and less traffic protection,
OTHER BUSINESS BY COUNCILMEN: Z6 7
1) In response to an inquiry from the Floor as to when Ordinance No, 141,
re drainage assessment fund, would be scheduled, Councilmen Davey, Fowle
and Mayor Aiken noted that they would be absent on July 1, 1968,
Council concurred to agenda a Public Hearing re Ordinance No. 141 on
July 15, 1968.
2) At Councilman Davey's request, City Manager read letter and question.,
naire concerning future sewer capacity that will be mailed to property
owners in the entire portion of the Town draining to Los Altos,
Council discussion ensued concerning the content, objectives, and follow
up procedures on the questionnaire, with Floor participation by Mmes. D.
fSpencer, F. Olgiati, D, Miller, and P. Weisbart.
Council noted that no commitment would be created by the questionnaire
for either the Council or individual property owners.
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There being no further business to come before the Council, Mayor Aiken
adjourned the meeting at 11:15 P. M, to:
NEXT REGULAR MEETING: Monday, July 12 1968: CANCELLED DUB TO LACK OF QUORUM.
NEXT REGULAR MEETING: Monday, July 15, 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
6/17/68
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