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HomeMy WebLinkAbout06/17/1968CITY COUNCIL TOWN OF LOS ALTOS HILLS MINUTES OF A REGULAR MEETING June 17, 1968 REEL 11 - SIDE 1, TRACK 1 -- FOOTAGE 400 - 1358 REEL 11 - SIDE 2, TRACK 2 -- FOOTAGE 00 - 506 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. t(O8 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. 40 -2 773 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. 79 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. -3- 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. 9?_P 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. -4- 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. -5- 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. -6- `J 4 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. 4 -7- 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. -8- 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. r 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 -9-