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HomeMy WebLinkAbout09/03/1968CITY COUNCIL TOWN OF LOS ALTOS HILLS MINUTES OF A REGULAR ADJOURNED MEETING September 3, 1968 REEL 13, SIDE 1, TRACK 3 - FOOTAGE - 00 - 556 Mayor Wm. Ross Aiken called the Regular Adjourned Meeting of the City Council of the Town of Los Altos Hills to order at 7:46 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, Fowle, Helgesson, Mayor Aiken. Absent: None. PLANNING COMMISSION REPRESENTATIVE: Commissioner Don T. Hibner. APPROVAL OF MINUTES• July 15, 1968: Councilman Fowle moved, seconded by Benson and carried unanimously, that the Minutes of July 15, 1968 be approved as submitted. August 1, 1968: Addition: Page 5, Unscheduled Item No. 7, 2nd paragraph, insert following private roads "subject to Vahicle Code." Councilman Helgesson moved, seconded by Benson and carried unanimously, that the Minutes of August 1, 1968 be approved as amended. August 19, 1968: Addition: Page 7, Presentations from the Floor, paragraph 2: "Mayor Aiken stated Council would welcome reasonable suggestions and recommendations for alternative methods of effective control." Councilman Helgesson moved, seconded by Benson and carried unanimously, that the Minutes of August 19, 1968 be approved as amended. 33 City Manager read the following: 1) Ernest J. Nackord, Mayor of San Carlos, dated August 27, 1968, requesting the Mayor to proclaim Peninsula Symphony Week. MOTION, SECONDED AND CARRIED: Councilman Davey moved, seconded by Helgesson, and carried unanimously, that the Mayor proclaim the week of September 16, 1968 as Peninsula Symphony Week in Los Altos Hills. 2) Howard J. Emerson, Santa Clara Valley Better Business Bureau, dated August 21, 1968, requesting proclamation of Better Business Bureau Recognition Week. MOTION, SECONDED AND CARRIED: Councilman Fowle moved, seconded by Helgesson and carried unanimously, that the Mayor proclaim the week of September 8, 1968 as Better Business Bureau Recognition Week in Los Altos Hills. COMMUNICATIONS continued. 3) Santa Clara County Flood Control and Water District dated August 21, 1968, advising Council that in accordance with Council recommendation, Mr. William A. Perkins had been appointed to the Northwest Zone Flood Control Advisory Committee. 4W 4) Petition signed by eight residents in Pinecrest Heights requesting that deed restrictions be retained which prohibit structures within 1001 of the Southern Pacific Railway right-of-way. Council directed Staff to review this matter. ANNOUNCE ns: 1. City Manager noted the General Assembly meeting of ABAG will be held September 27th in Berkeley. 2. City Manager noted Inter -City Council will meet September 5th in Cupertino. 5v SCHEDULED ITEM NO. 1• CONSIDERATION AND POSSIBLE ACTION ON SEWER ASSESSMENT DISTRICT #5 (Matadero `s / Hills and Page Mill Estates). City Manager read petition presented by Frank W. Saul requesting formation of a non-contiguous sewer assessment district, which would serve approxi- mately 50 lots in Page Mill Estates and Matadero Springs. City Manager noted that Mr. Saul owns 60% of the property included in the proposed boundaries and that the cost estimates were $2,438.00 per unit of benefit (including $450.00 connection fee to Palo Alto). City Attorney reviewed procedural steps for district formation, noting that a resolution would be necessary to undertake proceedings and direct prepara- tion of an engineering report. Council discussion ensued concerning the possibilities of delaying construc- tion work prior to the sale of bonds. Council concurred that the City Attorney should investigate this area. Mr. Saul noted his desire to proceed as soon as possible, due to the fact that two houses are on temporary septic tanks and five houses are currently being built. Council concurred to proceed later in the Agenda with resolutions initiating proceedings for the formation of Sewer Assessment District #5 and emphasized the importance of official notification to those within the boundaries, some of whom may wish to be excluded and also notice to those property owners outside the District, some of whom may wish to be included. SCHEDULED ITEM NO. 2• PRESENTATION OF REQUEST FOR EXTRA -TERRITORIAL JURISDICTION FOR CERTAIN AREAS 1A10 OF LOS ALTOS HILLS BY COUNTY OF SANTA CLARA BOND COUNSEL. City Manager noted that the Santa Clara County Bond Counsel was unable to attend the meeting and requested the matter be deferred to September 16th La to facilitate additional legal discussion. Council concurred. Mayor Aiken noted that the County's Sewer District as presently proposed, includes capacity for the areas designated as L1H ', LAH 2 and LAH 3 only -2- SC9BDULED ITEM NO, 2 continued (Extra -territorial Jurisdiction): and that he would like to see the area expanded to include the entire portion of the Town draining to Los Altos for voluntary reservation of future sewer capacity rights. 4W UNSCHEDULED ITEM NO. 1• 1. CONSIDERATION OF AGREEMENT WITH CITY OF PALO ALTO FOR SEWER MAINTENANCE. This matter was deferred to the September 16th meeting, since the agreement had not cleared Palo Alto City Attorney's Office. UNSCHEDULED ITEM NO. 2: 2. MC CULLOCH, R. W., TRACT NO. 4227, FINAL MAP - 8 lots, Miranda Road. Staff report was presented, noting that the Final Map conformed to the Tentative Map and conditions imposed thereon, and recommending approval. MOTION, SECONDED AND CARRIED: Councilman Benson moved, seconded by Davey, and carried unanimously, that the Final Map of R. W. McCulloch, Tract No. 4227, 8 lots, Miranda Road, be approved. UNSCHEDULED ITEM NO. 3: /(Q Z 3. DISCUSSION OF BOND EXPIRATION IN ROSEHILL ESTATES. UNIT NO. 1. City Manager noted that the time period in which to complete subdivision improvements had expired May 28, 1968 and that a penalty of $25.00 per day has been accruing since May 28, 1968. City Manager reviewed Council action on May 23, 1968 to "not extend the time limit for completion of improvements ` in Rosehill Estates, Unit No. 1, and that the Town is willing to accept a certified cashier's check in the amount of 110% of the improvement costs, as determined by the City Engineer, in lieu of Arbor Development Company completing the improvements, subject to prior consent of the Surety." City Manager noted the lack of any action by the subdivider and recommended that the Attorney contact the Surety and inform them of impending legal action. MOTION, SECONDED AND CARRIED: Councilman Davey moved, seconded by Benson and carried unanimously, that the appropriate steps be taken by the City Attorney and that he be authorized to make preliminary contact with the bonding company to inform them of impending legal action. UNSCHEDULED ITEM NO. 4: 4. STAFF REPORTS. / ek City Manager; 1) Presented report of Santa Clara County Planning Department re "Alternatives for Planning Policy" and noted enclosed questionnaire to be completed by Council. 2) Presented Annual Audit of Fiscal Year ending June 30, 1968 conducted by C. G. Uhlenberg & Co. and read accompanying management letter dated August 28, 1968. City Manager noted the General Fund had a balance of ' $102,264.84 on June 30, 1968. i 3) Presented final adopted draft of 1968-69 Budget and noted that actual expenditure figures for last year were presented alongside budgeted amounts. -3- UNSCHEDULED ITEM NO. 4 continued: Staff Reports [ area of participation in future capacity rights and will be discussing i this matter with the County Counsel and the City of Los Altos. 10 City Attorney: 1) Notified the Council that the judge had issued a memorandum which ( tentatively sustained the plaintiff's position in the Corbetta court case, `, on the basis that the Council did not have sufficient evidence before it when it acted. City Attorney suggested that the matter be discussed in a litigation session later in the Agenda. Mr. Gerald Ferrari, 25800 Altamont Road urged the Council to appeal the decision and also requested permission to connect and use the present line on Altamont. City Attorney noted that the line still belongs to the contractor and recommended Staff contact the contractor for his considera. tion of the request. Mr. Ferrari requested clarification as to whether the Council would object to connection, if possible, or if permitted by the contractor. MOTION, SECONDED AND CARRIED: Councilman Fowle moved, seconded by Benson and carried unanimously, that the Council express non -concern regarding connection to the line. SCHEDULED ITEM NO. 3: i;G:;TII PS!TIGtt 0.- P:P'.LIC ALARING REGARDING PROPOSED ORDINANCE NO. 145, ADOPTING r„�$ COUNTY RABIES C014TROL REGULATIONS. Mayor Aiken declared the Public Hearing open at 8:45 P. M. 6W City Attorney reviewed the proposed ordinance, noting the Public Hearing had been continued to allow the addition of a provision which would limit the enforcement of the stray animal section to periods officially declared -rabies epidemics. In response to a question by Mrs. E. Ronsiek, the City Attorney noted the County would still have the authority to detain stray dogs on which complaints were received. Mayor Aiken declared the Public Hearing closed at 8:47 P. M. and the matter was deferred to ORDINANCES, later in the Agenda. PRESENTATIONS FROM THE FLOOR: OS 1. Mrs. F. Olgiati, 25960 Vinedo Lane, inquired as to what protection would exist in situations where future sewer capacity had not been reserved and septic tank failure required connection to sewers. Council discussion ensued, with Floor participation by Mrs. Olgiati and Mrs. D. Miller. Councilmen Davey and Fowle indicated their desire to provide future sewer capacity for the entire half of the Town which drains toward Los Altos to guarantee the same rights that the half of the Town draining toward Palo Alto enjoys. Mayor Aiken noted that this matter is part of the problem with the County sewer assessment district and that the Council is trying to enlarge the [ area of participation in future capacity rights and will be discussing i this matter with the County Counsel and the City of Los Altos. 10 RESOLUTIONS.- 1. ESOLUTIONS: 1. RESOLUTION NO. 476, granting extra -territorial jurisdiction to Santa Clara County. This matter deferred to the September 16th meeting. 2. RESOLUTION NO. 476, resolution of intention to undertake proceedings /410 for formation of Sewer Assessment District No. 5. (Page Mill Estates and Matadero Eprings) City Attorney introduced and read in its entirety Resolution No. 476, a resolution determining to undertake proceedings pursuant to special assessment and assessment bond acts for the acquisition and construction of improvements without proceeding under Division 4 of the Streets and Highways Code, Sewer Assessment District No. 5, Town of Los Altos Hills. MOTION, SECONDED AND CARRIED: Councilman Davey moved, seconded by Benson, that Resolution No. 476 be adopted as read was carried unanimously by roll call vote: Ayes: Councilmen Benson, Davey, Fowle, Helgesson, Mayor Aiken. Noes: None. Absent: None. 3. RESOLUTION NO. 477, resolution naming Attorney and Engineer for Sewer 7 7 Assessment District No. 5. City Attorney introduced and read in its entirety Resolution No. 477, a resolution appointing Engineer and Attorney, Sewer Assessment District Nom. 5, Town of Los Altos Hills. Mr. F. Saul noted that if adjacent owners desired to be included in the district, the cost of extending the lines might be prohibitive. Mayor Aiken stated that detailed consideration would have to be given to individual applications and that cost evaluation pertaining to those property owners already in the district would certainly be a consideration. MOTION, SECONDED ACID CARRIED: Councilman Benson moved, seconded by Davey, that Resolution No. 477 be adopted as read, was carried unanimously by roll call vote: Ayes: Councilmen Benson, Davey, Fowle, Helgesson, Mayor Aiken, Noes: None. Absent: None. ORDINANCES: 1. First Reading - Ordinance No. 145 re adoption of County Rabies Control 5 p'(� Regulations. City Attorney read the title of Ordinance No. 145, an ordinance of the Town of Los Altos Hills adopting by reference Ordinance No. NS -600.4 of the County of Santa Clara, being an ordinance to repeal Chapter 3 (commencing with Section 4.3.1-1) and to add Chapter 3 (commencing with Section 4.3.1) to Title 4 of the Santa Clara County Ordinance Code, relating to Animal and Rabies Control. MOTION, SECONDED AND CARRIED: Councilman Davey moved, seconded by Benson, f. that further reading of Ordinance No. 145 be waived, was carried unanimously by roll call vote: Ayes: Councilmen Benson, Davey, Fowle, Helgesson, Mayor Aiken. Noec: None. Absent: None. -5- L ORDINANCES continued: 2. Second Reading - ORDINANCE NO. 149, amending Ordinance No. 78 to S/�? incorporate Slope Density and Open Space Reserve Districts. City Attorney read the title of Ordinance No. 149, an ordinance of the Town of Los Altos Hills amending Ordinance No. 78 of said Town as amended, by adding thereto provisions and regulations relating to slope density and to Open Space Reserve Zones. MOTION AND SECONDED, AND CARRIED: Councilman Benson moved, seconded by Helgesson, that further reading of Ordinance No. 149 be waived, was carried unanimously by roll call vote: Ayes: Councilmen Benson, Davey, Fowle, Helgesson, Mayor Aiken. Noes: None. Absent: None. MOTION AND SECONDED: Councilman Davey moved, seconded by Helgesson, that Ordinance No. 149 be adopted as read. Mr. E. A. Breyman, 13456 Wildcrest Drive, stated, that while realizing the ordinance would pass, he would like to object on behalf of several property owners who are not residents of the Town. Mr. Breyman noted the primary objection was opposition to the taking of property from owners without compensation and without reasonable due process of law. Planning Commissioner L. Dawson stated that the Planning Commission had carefully considered the questions raised by Mr. Breyman and had concluded that a guarantee of profit to developers was not the primary obligation of Town officials. VOTE: The Motion to adopt Ordinance No. 149 was carried unanimously by call vote: Ayes: Councilmen Benson, Davey, Fowle, Helgesson, Mayor Ai};:n, Noes: Non?. Absent: None. 3. Sacond P,eadiI12_- -ORDINANCE. 150, amending Ordinance No. 69 to incor- s� porace Slope Density. City Attorney read the title of Ordinance No. 150, an ordinance of the Town of Los Altos Hills ane.nding Ordinance No. 69 of said Town by adding thereto provisions for Slope Density Regulations. MOTION, SECONDED AND CARRIED: Councilman Davey moved, seconded by Helgesson, that further reading of Ordinance No. 150 be waived, was carried unanimously by roll call vote: Ayes: Councilmen Benson, Davey, Fowle, Helgesson, Mayor Aiken. Noes: None. Absent: None. MOTION, SECONDED AND CARRIED: Councilman Davey moved, seconded by Helgesson, that Ordinance No. 150 be adopted as read, was carried unanimously by roll call vote: Ayes: Councilmen Benson, Davey, Fowle, Helgesson, Mayor Aiken. Noes: None. Absent: None. WARRANTS: S5/� Councilman Fowle moved, seconded by Benson, that the bills as presented in the amount of ONE HUNDRED THIRTY-THREE THOUSAND, ONE HUNDRED TWENTY-SIX DOLLARS and Ninety-three Cents ($133,126.93) be approved and the City Clerk authorized to draw the appropriate warrants, was carried unanimously by roll call vote: Ayes: Councilmen Benson, Davey, Fowle. Hal9os c.�n, Mayor Aiken. Noes: None. Absent: None. -6- OTHER BUSINESS BY COUNCILMEN: Councilman Davey moved, seconded by Benson and carried unanimously, that the Council write a letter of appreciation to the Planning Commission ` for their splendid efforts in the arduous task of designing and implementing slope density regulations. At 9:26 P. M., Mayor Aiken adjourned the meeting to Executive Session re Litigation Session. At 10:04 P. M., Mayor Aiken reconvened the meeting, and there being no further business, adjourned the meeting at 10:04 P. M. to: NEXT REGULAR MEETING: Monday, September 16, 1968, at 7:45 P. M. at the Town Hall. mam 9/3/68 Le -7- Respectfully submitted, .. DENNIS R. LAHR City Clerk -Treasurer Town of Los Altos Hills 5`/16