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HomeMy WebLinkAbout09/16/1968CITY COUNCIL TOWN OF LOS ALTOS HILLS MINUTES OF R REGULAR MEETING Lo September 16, 1968 REEL 13, SIDE 2, TRACK 2 - FOOTAGE 00-976 Mayor Wm. Ross Aiken called the Regular Meeting of the City Council of the Town of Los Altos Hills to order at 7:47 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 Wm. A. Perkins APPROVAL OF MINUTES: September 3, 1968. Councilman Davey moved, seconded by Benson and carried unanimously, that the Minutes of September 3, 1968 be approved as submitted. COMMUNICATIONS• City Manager presented the following: 1) Presented for Council review Pathways Committee report to the Planning L Commission on the conditions of paths in Los Altos Hills dated August 26, 1968. City Manager noted that the report will be used as a guideline to correct path deficiencies as finances allow. Councilman Davey moved, seconded by Benson and carried unanimously, that the Council send a letter of appreciation to Mrs. Carrico and Mrs. Ginzton for their arduous efforts in researching the conditions of Town paths. 2) League of California Cities dated September 11, 1968 requesting the designation of the voting representative and alternate for the Annual League Conference in Los Angeles October 13-16. Council concurred that Deputy Mayor Benson and Councilman Helgesson should be designated voting representative and alternate, respectively. 3) Mrs. F. Whitcomb dated September 13, 1968 expressing opposition to excessive noise in the community. 4) Frank A. Pearson, 26225 Purissima Road, requesting Council action con- cerning vandalism, landscaping deficiencies and drainage problem at Robleda and Purissima. City Manager noted that the County Sheriff's Office has been alerted, drains in the area will be cleared, and that the State will inspect the site re slope planting along the Freeway. City Manager further noted Staff would report to the Council on the results of erosion control efforts in this AW area. SCHEDULED ITEM NO. 1 PRESENTATIONOF REQUEST FOR EXTRA -TERRITORIAL JURISDICTION FOR CERTAIN AREAS `I'7 OF LOS ALTOS HILLS BY COUNTY OF SANTA CLARA BOND COUNSEL: City Manager introduced Philip Assaf and James Pott, representing County ` Counsel and Department of Public Works, respectively. City Manager reviewed the essential provisions and conditions of memorandum from Mayor Aiken to Council dated September 16, 1968 re granting extra -territorial jurisdiction. City Manager noted that extra -territorial jurisdiction would be granted for the acquisition and construction of sewers in LAH 1 only (Summerhill Area) and for treatment capacity rights only in areas LAH 2 and LAH 3. Council instructed the City Manager to proceed regarding the formation of a separate district for voluntary treatment capacity rights only for the re- mainder of the Town draining toward Los Altos. Councilman Fowle stated his desire to assure that late connectees would be charged no less than the original connectees and that these later payments would benefit the original connectees. Mayor Aiken stated his concurrence in principle, but suggested that the amount and method of payment be formalized following actual formation of the district. Mayor Aiken stated his desire to assure that the County Board of Supervisors will honor the Town's sewer policy and therefore recommended a concurrent resolution to express the Town's intent in granting extra -territorial jurisdiction. Council discussion ensued with Floor participation by Mrs. Olgiati, 25960 Vinedo Lane, Charles Walter, 24240 Summerhill Avenue, Mrs. D. Miller, ` 13076 Vista del Valle Court, Mrs. D. A. Spencer, 27490 Sherlock Road. �y The following points were clarified during Floor discussion: 1) Late connectees would be penalized in that they will have to pay cash and also will have to pay a higher price (indeterminate but at least 6% compound interest). 2) A total cost of $1,100.00 is estimated for those connecting to sewers in the Summerhill Area. 3) Everyone in the Summerhill Area must purchase treatment capacity rights at a cost of approximately $250.00. Council concurred to act on appropriate resolutions while the County representatives were present. City Manager introduced and read in its entirety Resolution No. 4783 a 5c resolution granting consent of the City Council of the Town of Los Altos Hills to the County of Santa Clara to acquire and construct public improve- ments and to provide that the costs thereof shall be assessed upon a public district pursuant to special assessment and assessment bond acts - Los Altos Sanitary Sewers and Capacity Acquisition District. MOTION, SECONDED AND CARRIED: Councilman Helgesson moved, seconded by Benson, that Resolution No. 478 be adopted as read, was carried unanimously by roll call vote: Ayes: Councilmen Benson, Davey, Fowle, Helgesson and Mayor Aiken. Noes: None. Absent: None. -2- SCHEDULED ITEM NO. 1 - Extra -Territorial Jurisdiction cont'd.: City Manager introduced and read in its entirety Resolution No. 479, a 95 resolution expressing the intent of the City Council of the Town of Los Altos `, Hills in granting extra -territorial jurisdiction to Santa Clara County. MOTION AND SECOND: Councilman Helgesson moved, seconded by Benson, that Resolution No. 479 be adopted as read. Mayor Aiken stated his desire to include provision where those on boundaries of the district could be eliminated if they so desired. Mr. Assaf noted that the governing law in assessment proceedings is the amount of benefit which the property receives and that the property could not legally be left out of the district if it benefited from the line. City Manager noted that Public Hearings will be held on sewer line locations and that final district boundaries will not be formed until Public Hearings are held. AMENDED MOTION: Councilman Helgesson moved, seconded by Benson, that Resolution No. 479 be adopted with the following amendment: "C. Those not wanting sewers shall be left out of the actual district (i.e., the area in which sewer lines are to be installed), in so far as the boundaries can be adjusted." VOTE: The Amended Motion was unanimously carried by roll call vote: Ayes: Councilmen Benson, Davey, Fowle, Helgesson, Mayor Aiken. Noes: None. Absent: None. Councilman Benson requested Mr. Pott's comments regarding the formation oftw FiU� a proposed transit organization for the County. Mr. Pott stated that the County recommended the selection of either a) a County special service area approach, or b) special district formation. Mr. Pott noted that a single purpose special district has been common in other Counties. Mayor Aiken expressed his appreciation to Mr. Pott, Mr. Assaf, the Town Staff and Los Altos City Officials for their cooperation in the innovative features of this sewer policy. Mr. C. Walter expressed the appreciation of the Summerhil area residents to the Council, Staff and neighboring jurisdictions for their efforts in alleviating the sewage problem. SCHEDULED ITEM NO. 2 CONSIDERATION OF AGREEMENT WITH CITY OF PALO ALTO FOR SEWER MAINTENANCE: /13;7 City Manager reviewed draft of agreement with Palo Alto fox the maintenance of the sewer system draining toward Palo Alto. City Manager noted that Staff recommended approval and reviewed the following highlights of the contract: a) Provision of 24-hour service; b) reasonable rental rates on equipment; c) reasonable compensation charges, including a minimum monthly fee of $200.00; and, a 50911 surcharge; and d) provision of a 90 -day termination cluase. CMOTION, SECONDED AND CARRIED: Councilman Davey moved, seconded by Benson, that the agreement with the City of Palo Alto for service and maintenance of the Los Altos Hills sewer system be approved, and the Mayor and City Clerk authorized to execute the same, was carried unanimously by roll call vote: Ayes: Councilmen Benson, Davey, Fowle, Helgesson, Mayor Aiken. Noes: None. Absent: None. -3- UNSCHEDULED ITEM NO. I REQUEST TO CONSTRUCT SUBDIVISION IMPROVEMENTS ON A "STAGE" BASIS - yy/_ OLIVER WHEELER TRACT NO. 4188, 2 lots, Central Drive: //`"' City Manager read letter from City Engineer dated September 16, 1968 recommending the conditions of "stage" construction of improvements include the following: (a) that the driveway easement be 40' wide, developed to 14' with a hard surface, and (b) that overhead poles for the 2.90 acre lot be allowed. City Manager noted that there was no plan change being submitted, but a request to accept partial improvements for a 2.90 acre parcel as an approved site with the remaining 16+ acres unapproved at this time. MOTION AND SECOND: Councilman Benson moved, seconded by Helgesson, that the request of Oliver Wheeler for "stage" construction of subdivision improvements for Tract No. 4184, 2 lots, Central Drive, be approved. Council discussion ensued concerning past precedent re "stage" construction and allowance of overhead utilities, with Floor participation by Mmes. F. Ogiati, Miller, Spencer, Mr. John Knox, owner of property in Matadero Hills Subdivision, Mel Hawley, 13441 Robleda, and E. Mastin, applicant's engineer. Staff stated that the improvements would not be substandard and that under - grounding of utilities would occur on the 2.90 parcel at this time but would be delayed on the remaining 16 acres until they were developed. VOTE: Motion to approve the request for "stage" construction of subdivision improvements was carried by majority voice vote, Councilman Davey opposed. Council concurred to let the record show that it is not Town policy to encourage "stage" construction of subdivision improvements. UNSCHEDULED ITEM NO. 2 7i8 MERCHANT, ALAN (V-314-68) - Request for 25' reduction in side setback to 5' for boat garage at 23415 Camino Hermoso. Staff report was presented, noting no objections had been received and that the Planning Commission unanimously recommended approval. MOTION, SECONDED AND CARRIED: Councilman Davey moved, seconded by Benson, and carried unanimously, that the request of Alan Merchant (V-314-68) for 25' reduction in side setback to 5' for boat garage at 23415 Camino Hermoso be approved. UNSCHEDULED ITEM NO. 3 7S MILLER, EDWARD A. (UP -311-68) - Request for conversion of garage to guest cottage at 27644 Natoma Road. 4 Staff report was presented, noting that the guest cottage would not be allowed kitchen facilities since the lot size is less than 1.99 acres and that the Planning Commission unanimously recommended approval. MOTION, SECONDED, CARRIED: Councilman Davey moved, seconded by Helgesson and carried unanimously, that the request of Edward A. Miller (UP -311-68) for con- version of garage to guest cottage at 27644 Natoma Road be approved. -4- UNSCHEDULED ITEM NO. 4 739 STAFF REPORTS: CITY MANAGER: 1. Reviewed Resolution No. 423, which was adopted in February, 1968, authorizing temporary septic tanks in Rosehill Estates Unit #1. City Manager stated that the issuance of building permits for this subdivision had been suspended until the Council had an opportunity to review their previous actions, due to the fact that those actions were taken pursuant to a different set of conditions than presently exist. Mr. Mel Hawley, attorney representing Arbor Development Company, stated that the developer did not create the sewer problem and has installed all sewer lines in the subdivision. Mr. Hawley requested that Resolution No. 423 be reaffirmed and that further sewer construction then be expedited. MOTION: Councilman Benson moved that Resolution No. 423 be rescinded. Motion died for lack of a Second. In responding to a question by Mrs. E. Ronsiek, the City Engineer noted that trees on Taaffe Road have been cut down to widen the road. 2, Presented Municipal Financing letter re proposed Watson Amendment, which would reduce property taxes. City Manager noted the lack of revenue replacement, that municipalities had already been forced into premature bond sales, and urged opposition to Proposition 9. Councilman Fowle moved, seconded by Davey and carried unanimously, that the Council go on record as supporting a "NO" vote on Proposition 9- 3. City Manager reviewed trail gate design to be used on the Byrne Property submitted by the Los Altos Trail Club. City Manager noted the gates would be financed by the Trail Club. Councilman Benson moved, seconded by Davey and carried unanimously, that the Council approve the trail gate design submitted by the Los Altos Trail Club. 4. City Manager presented Santa Clara County Transportation Planning Study re Alternative Organizations for Transit and noted that this would probably not have a major effect on Los Altos Hills. Council concurred that Councilman Benson should contact each Councilman for his views on this matter prior to the October 2nd meeting of the County Transportation Policy Committee. ORDINANCES• 1. Second Reading - Ordinance No. 145 re: Adoption of County Rabies Control 923 Regulations. City Manager 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 La and rabies control. -5- ORDINANCES: Second Readinq - Ordinance No. 145 cont'd MOTION, SECONDED AND CARRIED: Councilman Davey moved, seconded by Benson, that further reading of Ordinance No. 145 be waived, was carried unanimous- ly 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 Benson, that Ordinance No. 145 be adopted as read, was carried unanimously by roll call vote: Ayes: Councilmen Benson, Davey, Fowle, Helgesson, Mayor Aiken. Noes: None. Absent: None. WARRANTS: MOTION, SECONDED AND CARRIED: Councilman Benson moved, seconded by Fowle, that the bills as presented, in the amount of FORTY-ONE THOUSAND, EIGHT HUNDRED EIGHTY-ONE DOLLARS and Seventy-three Cents ($41,881.73), be approved and the City Clerk authorized to draw the appropriate warrants, was carried unanimously by roll call vote: Ayes: Councilmen Benson, Davey, Fowle, Helgesson, Mayor Aiken. Noes: None. Absent: None. OTHER BUSINESS BY COUNCILMEN: 1. Councilman Davey inquired as to other significant factors which should be considered regarding Rosehill Estates Unit #1, subdivision improvements. Since these factors involved litigation, Mayor Aiken adjourned the meeting at 10:20 P. M. to Executive Session re Litigation Session. At 10:25 P, M., Mayor Aiken reconvened the meeting and stated that Council concurred that consideration of Resolution No. 423, allowing temporary septic tank permits in Rosehill Estates Unit #1, be agended for the October 7th meeting. There being no further business, Mayor Aiken adjourned the meeting at 10:26 P. M. to: NEXT REGULAR MEETING: Monday, October 7, 1968, at 7:45 P. M. at the Town Hall. DRL/mam 9/16/68 AAM ESZ Res ctfully submitted, DENNIS R. LAHR City Clerk -Treasurer Town of Los Altos Hills C/y0