HomeMy WebLinkAbout12/16/1968CITY COUNCIL
TOWN OF LOS ALTOS HILLS
MINUTES OF A REGULAR MEETING
December 16, 1968
REEL 14 - SIDE 2, TRACK 4 - FOOTAGE 65 - 1029
Mavcr Wm. Ross Aiken called the Regular Meeting of the City Council of the
:cwn of Los Altos Hills to order at 7:54 P. M. in the Council Chambers of the
loran Hall, 26379 Fremont Road, Los Altos Hills, with the following members
answering roll call: Present: Councilmen Benson, Davey, Fowle, Helgesson,
Mayor Aiken. Absent: None.
AP_P_3_0VAL OF MINUTES:
1. November 18, 1968.
Councilman Davey moved, seconded by Benson and carried unanimously,
that the Minutes of November 18, 1968 be approved as submitted.
2. November 25, 1968.
Councilman Helgesson moved, seconded by Davey and carried unanimously,
that the Minutes of November 25, 1968 be approved as submitted.
3. December 2, 1968.
Councilman Helgesson moved, seconded by Benson and carried unanimously,
that the Minutes of December 2, 1968 be approved as submitted.
COMMUNICATIONS:
Acting City Manager, Dennis R. Lahr, read the following: %
1) Florence Fava, 26991 Moody Road, commending the Town, Mr. Alan Lambert,
Parkside developer, and Mrs. Betty Byrne DeZahara for the preservation of
open space re Parkside Subdivision.
2) M. G. Boissevain, X7181 Sherlock Road, commending the Mayor and City
Council, and Town Staff for their efforts regarding Parkside development.
3) Huey D. Johnson, Western Regional Director of The Nature Conservancy,
confirming the exchange of three acres of the existing Byrne Park, in order
to complete the park corridor from Byrne Park to the proposed County Park
on the Duveneck Lands.
4) Huey D. Johnson, Western Regional Director of The Nature Conservancy,
stating that The Nature Conservancy did not approve of the proposed exchange
of an additional five acre parcel of the existing Byrne Park for the eight
parcels destined for development in the vicinity of Moody Court.
Acting Manager noted that Communications #3 and #4 would be discussed under
Scheduled Item No. 3.
5) Robert F. Mager and Family, 13245 Rhoda Drive, dated December 9th,
commending County Sheriff's Office for the efficient and personal service
4Wrendered.
Council requested Staff to refer this communication to the Law Enforcement
':cmmittee.
ANNnTmrPIAFNTS
1. Association of Bay Area Governments will hold its 1969 General Assembly
Business Meeting on Friday, February 28, 1969 at Berkeley, to consider
4W policy questions, including adoption of annual budget.
2. Los Altos Hills will serve as Host City to the Inter -City Council for
the January 9th meeting, to be held at Adobe Creek Lodge. Acting Manager
noted that Town Planning Commissioners would be invited to attend.
...a Bay Area Pollution Control District will conduct an informational
at the Town Hall, Thursday, December 19th at 8:00 P. M. Acting
noted the District will provide notice of the meeting and invited
a1 S_aff and Council to attend.
41 it yor Aiken stated he had met with County Sheriff's Office regarding
t`,e r, -?ration of the Detective Bureau and that the Town could expect
i, e.% Jute improvement in this area.
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To Consider making changes in the Boundary Map, Engineer's
and Specifications for Sewer Assessment District No. 5 (Page
Acting Manager noted that, pursuant to the Town's sewer policy, this Public
Haaring was set November 18th to allow the Council to make changes in the
boundary map, engineer's report, plans and specifications for S.A.D. #5. At
its hearing on November 18th, Council had instructed the City Engineer to pre-
pare amendments which would delete lots #6 and #7, Tract #3306, and Lot #35,
Tract #3659. Council had also instructed the City Engineer to include
L lots #19, 30, and 31, Tract #3659, and lot #12, Tract #4020, within the
v boundaries of S.A.D. #5.
Acting Manager stated that the four additional lots proposed to be included
within the boundaries have received Notice of Hearing and are entitled to
submit a written protest if they so desire.
City Engineer reviewed the following proposed changes in the Engineer's
Report, Plans and Specifications:
1. Delete line A-3 shown on sheet 5 of 12.
2. Delete 4 -inch laterals (2) to serve lots 6 and 7, Tract 3306, as shown
on sheet 6 of 12.
3. Relocate line D-1 as shown on sheet 7 of 12 from private road to new
easement along common lot line of lots 50 and 51, Tract 3306.
4. Extend line D-2 approximately 190 feet along Liddicoat Drive to serve
lot 41, sheets 7 and 8 of 12.
5. Extend line D approximately 40 feet along Liddicoat Drive to serve lot
40, sheet 8 of 12.
6. On sheet 10 of 12, terminate line E as shown at Station 20+00 and add
approximately 300 feet of additional 6 -inch sewer along an easement be-
tween lots 33 and 34, Tract 3659 to lot 12, Tract 4020.
7. On sheet 11 0£ 12, extend line E-2 across lots 22 and 24 of Tract 3659
to Via Cerro Gordo opposite lot 30 and along Via Cerro Gordo to lot 31,
Tract 3659, a distance of approximately 615 feet.
;.ty Engineer presented evidence regarding S.A.D. #5, stating that based on
L- d evidence he had found that each lot within the boundaries would receive
a,?ecial benefit of $2,800.00 and that each lot would be benefited equally.
City Engineer stated that the total project cost as revised would be $173,600,
.c be distributed equally among the 62 units within the district boundary.
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SCHEDULED ITEM NO. 1: PUBLIC HEARING S.A.D. #5 cont'd.:
At 8:10 P. M., Mayor Aiken declared the Public Hearing open and inquired if
there were any written protests on file or to be presented. Acting Manager
stated that no written protests had been filed and no protests from the
Floor were presented.
At 8:11 P. M., the Mayor declared the Public Hearing closed.
RESOLUTION NO. 496 - S.A.D. #5: /
City Attorney introduced and read in its entirety Resolution No. 496, a
resolution of the City Council of the Town of Los Altos Hills approving
changes and modifications in boundaries, plans and specifications and
engineer's report, Sewer Assessment District No, 5.
MOTION AND SECOND: Councilman Helgesson moved, seconded by Benson, that
Resolution No. 496 be adopted as read.
Mayor Aiken requested that the record show that all written protests have
been satisfactorily answered to exclude all property owners desiring
exclusion from the district, and that all property owners indicating in
writing a desire to be included, had been included.
VOTE: The Motion to adopt Resolution No. 496 was carried unanimously by
the following roll call vote: Ayes: Councilmen Benson, Davey, Powle,
Helgesson, Mayor Aiken. Noes: None. Absent: None.
t RESOLUTION NO. 497 - S.A.D. #5:
4r City Attorney introduced and read in its entirety Resolution No. 497, a
resolution determining that public interest and necessity require the
acquisition of easements and directing the filing of eminent domain pro-
ceedings, Sewer Assessment District No. 5.
MOTION AND SECOND: Councilman Helgesson moved, seconded by Benson, that
Resolution No. 497 be adopted as read.
Mayor Aiken asked for comments from the Floor, and Council discussion
ensued with Floor participation by Dr. S. P. Hecker, 12538 Briones Way,
David Janssen, 27440 Sherlock Road, and H. T. Hahn, 661 Teresi Lane, Los
Altos. The following points were clarified during Floor discussion:
1. Property owners excluded from the district are assured sewer capacity
rights in the Palo Alto System by existing contract with Palo Alto. Later
connectees to district lines will be expected to pay at least the original
cost of the assessment, plus the cost of extending lines to their property,
if necessary. City Attorney stated that property outside the district could
connect to the district at any time, but that it was too late to include
additional property within the boundaries or to obtain financing for same
by the assessment district.
2. The contract awarded was approximately $19,000 below the Engineer's
estimate and a refund will be made to all property owners assessad, followingY
completion of all district construction.
3. Council concurred that although no legal obligation exists to do do, that
the Council should send notices to all residents within the entire drainage
basis of any future assessment district to ensure that all property owners
have an opportunity to be included or excluded, as the case may be.
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SCHEDULED ITEM NO. 1: PUBLIC HEARING S.A.D. #5 cont'd
4W VOTE: The Motion to adopt Resolution No. 497 was carried unanimously by
the following roll call vote: Ayes: Councilmen Benson, Davey, Fowle,
Helgesson, Mayor Aiken. Noes: None. Absent: None.
Acting Manager stated that the sale of bonds would not occur until mid-
January and that the Town would accept cash payments for assessments
without interest until January 16, 1969.
SCHEDULED ITEM NO. 2:
REPORT OF NOISE ABATEMENT COMMITTEE. �$
Donald A. Miller, Noise Abatement Committee Chairman, presented oral report
on committee's activities, noting the following highlights:
1) The Committee has prepared a report of its first-year activities and
received favorable response on same.
2) Experimental baffles have been installed on guard rails along the
Freeway in an attempt to decrease noise of tire and pavement origin.
3) Legislation is being actively pursued regarding the control of noise
pollution.
Mr. Miller stated that the Committee recommended that Ordinance No. 131
and Resolution No. 466, banning trucks on Interstate 280, be retained and
that the State Director of Public Works be informed of the Town's intent
to pursue further the proposed truck ban. Mr. Miller recommended that the
Official State Study be carefully analyzed and verifying data obtained to
facilitate a rebuttal to the State's report and a request for reconsideration
of the truck ban decision.
Council concurred with the Committee's recommendations.
SCHEDULED ITEM NO. 3:
ACTION AUTHORIZING CONVEYANCE OF REAL PROPERTY (EXCHANGE OF PROPERTY RE: 8
PARRSIDE SUBDIVISION):
Acting Manager reviewed the Parkside Subdivision Tentative Map, which had
been approved conditioned upon the exchange of 3.648 acres fronting on
Altamont Road in Byrne Park for portions of the proposed park corridor.
City Attorney stated that the necessary release by The Nature Conservancy
would have to be received prior to actual execution of a grant deed for
the property and recommended the Council authorize conveyance of the
property, subject to said receipt.
MOTION, SECONDED AND CARRIED: Councilman Davey moved, seconded by Benson,
that the Council authorize the conveyance of lots,designated as #27, 28,
and 36 on Alternate Tentative Map of Parkside Subdivision (351-68), at such
time consent of The Nature Conservancy is received, and that the Mayor and
City Clerk be then authorized to execute said conveyance, was carried by
the following roll call vote: Ayes: Councilmen Benson, Davey, Fowle,
Helgesson, Mayor Aiken. Noes: None. Absent: None.
Acting Manager noted the Council had approved in principle Alternate II
Tentative Map, which would have exchanged five additional lots in Byrne Park
for the eight remaining lots along Moody Court. However, as indicated in
the communication previously read at the meeting, The Nature Conservancy
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SCHEDULED ITEM NO. 3: CONVEYANCE OF REAL PROPERTY cont'd
had not granted final approval for this exchange. Acting Manager noted
that subsequent conversations between Alan Lambert, developer of the Parkside
Subdivision, and Mayor Aiken had indicated the possibility of redistributing
the eight lots along Moody Court to the upper portion of the subdivision
along Altamont Road. Mayor Aiken stated that Mr. Lambert had indicated the
eight lots along Moody Court could be eliminated if three additional lots
could be obtained in the upper portion of the subdivision.
MOTION, AND SECOND: Councilman Helgesson moved, seconded by Benson, that
Mr. Alan Lambert, developer of Parkside Subdivision, be requested to submit
a revised Tentative Map which will provide maximum redistribution of lots
from the vicinity of Moody Court to the upper portion of Parkside Subdivision
in the vicinity of Altamont Road; and, that the Planning Commission be
requested to consider same at the earliest possible time.
Council discussion ensued concerning the possible redistribution of lots,
with Floor participation by: Mrs. D. Miller, Mrs. F. Olgiatti, D. Janssen,
and Mrs. M. G. Boissevain.
Council concurred that the Planning Commission should carefully review any
proposed revision and take into account the possible drainage problem that
might become Town responsibility, and also concurred that consideration
should be given to rezoning Byrne Park and the proposed park corridor to
Open Space Reserve.
Councilman Davey stated she would support the proposed redistribution of
lots, providing no further encroachment on Byrne Park property is contemplated.
Mayor Aiken stated that no encroachment is contemplated at this time and
noted that any additional encroachment at a later date would have to be
subject to The Nature Conservancy approval.
VOTE: The above Motion requesting that a revised Tentative Map be submitted
to the Planning Commission was carried by the following roll call vote:
Ayes: Councilmen Benson, Davey, Fowle, Helgesson, Mayor Aiken. Noes: None.
Absent: None.
JNSCHEDULED ITEM NO. 1: Se'p,
KATZ, DR. MARTIN (V-315-68) - Request for 9' reduction in rear setback and
11' reduction in side setback for stable at 26850 Ortega Drive.
Acting Manager reviewed the variance request and noted the Planning Commission
unanimously recommended approval.
MOTION, SECONDED AND CARRIED: Councilman Benson moved, seconded by Davey,
and carried unanimously, that the Council approve the variance application
of Dr. Martin Katz (V-315-68) for 9' reduction in rear setback to 11' and
a 11' reduction in side setback to 9' for stable at 26850 Ortega Drive.
UNSCHEDULED ITEM NO. 2:
MOODY, ROBERT J. (V-316-68) - Request for 12' reduction in side setback and 5 g 8
18' reduction in rear setback for stable at 12854 La Barranca Way.
Acting Manager reviewed the variance request for the partially constructed
stable, noting the Planning Commission unanimously recommended approval.
MOTION, SECONDED AND CARRIED: Councilman Davey moved, seconded by Benson and
carried unanimously, that the Council approve the variance application of
Robert J. Moody (V-316-68) for 12' reduction in side setback to 18' and
18' reduction in rear setback to 12' for stable at 12854 La Barranca Way.
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UNSCHEDULED ITEM NO. 3:/ 0 2
HECKER DR. S. P. (V-317-68) - Request for 3' reduction in side setback l'
for pool and 16' reduction in side setback for cabana at 12538 Briones Way.
Acting Manager reviewed variance request, noting the Planning Commission
recommended approval subject to the pump and pool equipment being located
at the westerly end of the swimming pool, at least 30' from the property
line. Dr. Hecker stated that it was his intention to bury the pump equip-
ment to reduce noise level, if feasible on an engineering basis.
MOTION, SECONDED AND CARRIED: Councilman Benson moved, seconded by
Helgesson and carried unanimously, that the Council approve the variance
application of Dr. S. P. Hecker (V-317-68) for 3' reduction in side setback
to 27' for pool and 16' reduction in side setback to 14' for cabana at
12538 Briones Way, subject to the requirement that the pump be located at
the western end of the pool, at least 30' from the property line.
UNSCHEDULED ITEM NO. 4:
ROSEHILL ESTATES UNIT 42. TRACT #4444 - Final Map. Taaffe Road, 6 lots.
Acting Manager noted that the applicant had not provided necessary documents
and funds to assure completion of subdivision improvements, and recommended
no action be taken at this time.
Council concurred.
UNSCHEDULED ITEM NO. 5:
CONSIDERATION OF SEWER REFUNDING AGREEMENT ON MIRANDA AVENUE - R.W. MC CUL.LOCH �y
Acting Manager reviewed the sewer refunding agreement on Miranda Avenue
that had been approved by the Council in May 1968, and noted the extension of
40 sewer facilities along Miranda Avenue for which an additional refunding
agreement is requested. Acting Manager noted that the total cost of the
refunding agreement is $6,393.48, that the unit cost per lot of $639.35 is
reasonable, that no obligation would be created for the General Fund, and that
the City Engineer recommends approval.
MOTION, SECONDED AND CARRIED: Councilman Benson moved, seconded by Helgesson,
that the request of R. W. McCulloch for sewer refunding agreement on
Miranda Avenue be approved and the Mayor and City Clerk be authorized to
execute same, was carried by the following roll call vote: Ayes: Councilmen
Benson, Davey, Fowle, Helgesson, Mayor Aiken. Noes: None. Absent: None.
UNSCHEDULED ITEM NO. 6:
i2EPORT ON SEWER ASSESSMENT DISTRICT NO. 2. 'P
City Attorney stated that,for all practical purposes, litigation regarding
Sewer Assessment District No. 2 had been completed and that the judgment
had gone against the Town of Los Altos Hills, The Attorney noted the
litigation had requested reassessment of S.A.D. #2 to purchase in -tract
sewer facilities in Corbetta Subdivision, Units #1 and #2, representing
an investment of between $4,500 and $7,000.
City Attorney stated a proposal was before the Town to pay Louis P. and
Lorna Reid Corbetta $3,000 for the acquisition of in -tract sewer lines,
said payment to be made out of incidental funds of the district and to be
conditioned upon the dismissal of litigation.
`„ City Attorney noted that assessments would not be increased and recommended
approval of the proposal.
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UNSCHEDULED ITEM NO, 6: S.A.D. #.2 cont'd.:
4WLowell lV. Morse noted that in the event sufficient funds were not available
to provide the $3,000 from incidental funds in the district, that the City
Attorney and City Engineer would take a corresponding decrease in their
fees on the district. Council commended City Attorney and City Engineer
for their willingness to bear a portion of the settlement.
40.
City Attorney introduced and read in its entirety Resolution No. 498, a
resolution of the City Council of the Town of Los Altos Hills approving
changes in Engineer's report, plans and specifications, Sewer Assessment
District No. 2.
MOTION, SECONDED AND CARRIED: Councilman Fowle moved, seconded by Helgesson,
that Resolution No. 498 be adopted as read, was carried by the following
roll call vote: Ayes: Councilmen Benson, Davey, Fowle, Helgesson, Mayor
Aiken. Noes: None. Absent: None.
UNSCHEDULED ITEM NO. 7:
CONSIDERATION OF CONSULTING SERVICES.
Acting Manager read letter from Lowell W. Morse, City Manager, dated December 1C
1968, outlining proposal for consulting services for the period commencing
December 16, 1968 and terminating with the commencement of duties of the new
manager. The proposal consisted of the following:
1) A retainer of $200 per month for attendance of Council meetings, Staff
meetings as required, and answering telephone calls.
2) A fee of $10.00 per hour for special projects or studies authorized by
the Council or Acting City Manager.
Council discussion ensued concerning the proposal for consulting services,
with Floor participation by Mrs. F. Olgiatti, who objected to the expenditure
of funds for consulting services.
MOTION, SECONDED AND CARRIED: Councilman Benson moved, seconded by Davey,
that Lowell W. Morse be retained as a consultant, pursuant to the terms
proposed in his letter dated December 10, 1968, was carried by the following
roll call vote: Ayes: Councilmen Benson, Davey, Fowle, Helgesson, Mayor
Aiken. Noes: None. Absent: None.
Council discussion ensued concerning the possible increase of salary for the
Acting City Manager during the interim period until a new manager is hired.
MOTION, AND SECOND: Councilman Benson moved, seconded by Davey, that Dennis
R. Lahr, Acting City Manager, receive an increase in salary to $1,000 per
month until a new City Manager takes office.
Lowell W. Morse noted that with an expenditure of $200.00 per month for con-
sulting services and an increase in the Acting City Manager's salary of
$137.00 per month, the Town would still be saving $1,353 per month due to
the elimination of the City Manager's salary.
VOTE: The above Motion to increase the Acting City Manager's salary was
carried by the following roll call vote: Councilmen Benson, Davey, Fowle,
Helgesson, Mayor Aiken. Noes: None. Absent: None.
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UNSCHEDULED ITEMS: #8 - STAFF REPORTS:
4,- 1) Acting Manager reviewed letter from Pacific Gas & Electric Co., dated %b 7
December 3, 1968, re underground conversion program and recommended that the
P. G. & B. allocation of $5,800 for 1968 and $6,500 for 1969 be carried over
to 1970 to be applied to the undergrounding of Fremont Road, between
Concepcion and St. Francis Drive. Acting Manager suggested P. G. & E. be
contacted concerning interest that would accrue on the allocated funds and
investigate the possibility of the Town actually receiving these funds, to
be held in a separate account. Council concurred.
Councilman Davey requested that Mr. Jack McKittrick, 12670 Viscaino Court,
be asked to assist in reviewing the cost analysis of the underground
conversion program.
2) Acting Manager reviewed letter from Wilfred R. George, Town Tree
Committee Chairman, requesting a City Councilman be appointed for liason
with the Committee and that a budget be appropriated for up to $4,000 for
tree planting and maintenance. Staff recommended that no budget allocation
be made at this time, but that the $1,000 available in the budget for Town
Hall landscaping be made available to the Committee.
Council concurred with the Staff recommendation and appointed Councilman
Helgesson as liason member of the Council to the Tree Committee.
3) Acting Manager recommended a fact sheet be submitted to property owners
in S.A.D. N3, concerning City responsibility, property owner responsibility,
and maintenance procedures for sewers. Council concurred. ''II
4W PRESENTATIONS FROM THE FLOOR:
1) Dr. Carl Ebnother, 14238 Stanford Court, stated he had been desirous of
being excluded from S.A.D. #5, but had not received notice of the Public
Hearing November 18th. Dr. Ebnother recommended the Council improve their
notification procedure, possibly by requiring return receipts on all notices.
Council expressed their regret that Dr. Ebnother had not received notice of
inclusion in the boundaries of S.A.D. Y.5 and noted that notices had been
mailed, posted and published pursuant to State requirements.
2) Mrs. Donald A. Miller, 13076 Vista del Valle Court, noted landscaping
deficiencies along Interstate 280. Mr. Morse stated that the Town would
request State Officials to review problem locations.
3) Mrs. F. Oligiatti, 25960 Vinedo Lane, noting excessive traffic patrol
by Santa Clara County Sheriff's Office and requesting increased residential
patrol.
WARRANTS: 59(7
MOTION, SECONDED AND CARRIED: Councilman Benson moved, seconded by Helgesson,
that bills as presented in the amount of TWENTY-EIGHT THOUSAND, FIVE HUNDRED
SIXTY-TWO DOLLARS and Thirty Cents ($28,562.30) be approved, and the City
Clerk authorized to draw the appropriate warrants, was carried by the
following roll call vote: Ayes: Councilmen Benson, Davey, Fowle, Helgesson,
Mayor Aiken. Noes: None. Absent: None.
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OTHER BUSINESS BY COUNCILMEN:
40, 1. Councilman Fowle requested to be relieved as Town representative to the
Santa Clara County Planning Policy Committee.
Council expressed their appreciation to Councilman Fowle for his past two
years of service, and appointed Councilman Mary C. Davey as official Town
representative to the County Planning Policy Committee.
2. Mayor Aiken stated that based on prior discussion, it appeared desirable
to request the Planning Commission to begin rezoning Byrne Park and the
park corridor to Open Space Reserve.
Council concurred and directed Staff to request the Planning Commission to
proceed immediately on the rezoning.
At 10:20 P. M., the Mayor adjourned the meeting to Executive Session re {02.9
personnel.
At 10:44 P. M., the Mayor reconvenened the meeting to immediately adjourn
the meeting at 10:45 P. M. TO:
NEXT REGULAR MEETING: MONDAY, JANUARY 6, 1969, at 7:45 P. M. at the Town
Hall.
Respectfully submitted,
DENNIS R. LAHR
mam-12/16/68 Acting City Manager
Town of Los Altos Hills
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