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Home My WebLink About10/18/1965r CITY COUNCIL _ TOWN OF LOS ALTOS HILLS MINUTES OF A REGULAR MEETING October 18, 1965 The Regular Meeting of the City Council of the Town of Los Altos Hills was called to order by Mayor Albert T. Henley, on ay, October 18, 1965 at '7:58 P. M. at the Town Hall, 26379 , Hills, California-. ROLL .CALL: PRESENT: Councilmen Bowler, Clayton, Fowls Mayor Henley ABSENT: Councilman Aiken PLANNING COMMISSION REPRESENTATIVE: Commissioner Don T. Hibner APPROVAL OF MINUTES: October 4, 1965. ACTION: Adopt Minutes of October 4, 1965 as submitted. COMMITTEE REPORTS: None. (� PUBLIC HEARING: 1. Sanitary Sewer Assessment Distri-ct No. 1-65: Hearing of Protests and Adoption of Resolutions Mayor Henley opened the Public Hearing at 8:00 P. M. The Sewer Assessment District #1-65 wasrepresented by Engineer Eugene R. Mastin, of Mastin & Kingston, and Counsel Philip D. Assaf, of Wilson, Jones, Morton & Lynch. The City Attorney called for protests to be filed. City Manager submitted one protest, referring to letter dated October 13, 1965 from Lawson Smith, Superintendent of the Los Altos School District, enclosing Resolution. The City Attorney read in its entirety the Resolution of the Los Altos School District, passed and adopted October 4, 1965. The Los Altos School District was represented by Charles D. Ahern, Superintendent of Business, and by Deputy County Counsel Selby Brown, Jr. Counsel Brown presented his case for the Los Altos School District in that the Board of Trustees is willing to enter the sewer assessment district on a single user basis but is opposed to being considered more than asingle user. Engineer Mastin presented his arguments for this spread of assess- meut on the basis of "unit of potential use". PUBLIC HEARING: Sewer Assessment District No. 1 Cont'd.:- Furtherdiscussion followed, and Dr. Robert J. Gaspich, of. 25473 Elena Road (Assessment No. 6) commented against the protest of the Los Altos School District. The Mayor closed the Public Hearing at 8:25 F. M. Following discussion, the Council concurred that the assessment for the Los :.ltos School District on a three -to -one ratio was not unreasonable. The City Attorney presented and read in its entirety, Resolution No. 322, a.Resolution overruling protests on Resolution of Intention No. 309, Sewer Assessment District No. 1. ACTION: That Resolution No. 322 be adopted as read. MOTION: Fowle; SECOND Clayton ROLL CALL: AYES: Bowler, Clayton, Fowls, Mayor Henley NOES: None ABSENT: Aiken The City Attorney presented and read in its entirety, Resolution No. 323, a Resolution and order adopting Engineer's report, confirming the Assessment and ordering the work and acquisitions, Sewer Assessment District, No. 1. ACTION: .That Resolution No. 323 be adopted as read. MOTION: Clayton; SECOND: Fowls Prior to acting upon Resolution No. 323, a comparison of bids with the Engineer's estimates was made. Counsel Assaf reported the low bid was $381.00 over the Engineer's estimates, however, there are sufficient funds available in the assessment proceed- ings contingency fund to make up this difference. It was also suggested by Counsel .Assaf that the resolution awarding the contract be adopted at the next meeting. The Mayor so instructed the City Clerk to place this item on the Agenda for the November 1st meeting. The question was called: ROLL CALL: AYES: Bowler, Clayton, Fowle, Mayor Henley NOES: None ABSENT: Aiken The City Attorney presented and read in its entirety, Resolution No. 324, a Resolution designating Collection Officer, Sewer .Assessment District No. 1. -2 PUBLIC HEARING: Sewer Assessment District No. 1 Cont'd.: ACTION: That Resolution No. 324 be adopted as read. MOTION: Bowler; SECOND: Clayton It was discussed that the City Clerk of the Town of Los ;altos Hills will be the Collection Officer only during the cash payment period of thirty days. after that, all unpaid assessments will be placed on the tax rolls and collected by the County. The Question was called: ROLL CALL: AYES: Bowler, Clayton, Fowle, Mayor Henley NOES: None ABSENT: liken OLD BUSINESS: 1. Fremont Hills Development Co. - Relief of Deposit. In compliance with the Mayor's request to review the Town's insurance in light of the above Company's request, the City Attorney recommended no funds be released. _ Mr. Wm. D. Coldiron, and Mr. Harry Fitzpatrick, of the Fremont Hills Development Co., were present.. C, Considerable discussion .followed as to release of the $5,000.00 deposit, as well as the refunding agreement, but no conclusion was reached. - ,;CTI ON: That this matter be deferred to another meeting; in the meantime, it is the request of the Council that the City Engineer, City Manager and City Attorney discuss informally with a Fremont Hills' representative to determine if any compromise solution might be resolved that would be satisfactory to both sides. MOTION: Fowls; SECOND: Clayton; VOTE: Passedunanimously. Mr. Coldiron offered his services at this meeting. 2. Jones, Cary and Vicki - Claim for Damages. Upon advice from the City Attorney, the following action was taken: ACTION: That the claim of Cary and Vicki Jones be denied. MOTION: Clayton; SECOND: Bowler; VOTE: Passed unanimously. -3- OLD BUSINESS (Cont'd.): r� 3. Zoning Complaint - Ellertson vs Barnhill. It was the Mayor's view that Mr. D. F. Barnhill's reply to the Council's letter sufficiently indicates Mr. Barnhill's under- standing of the Ordinance and of his intention to abide by it, and that the matter is ended, pending further complaints or further violations. ACTION: That the matter be tabled. MOTION: Clayton; SECOND: Bowler; VOTE: Passed unanimously NEW BUSINESS: 1. Zoning Complaint - SDen-e r, Low & Janssen vs Hostetler. The City Attorney reported he had referred this complaint to the Sheriff's Department and had met with Mr. Hostetler. The complainants have so been notified to make full free use of the Town's police department for disturbances and they have the assurance of the property owner that he will abide by the ordinance; therefore, no legal action is recommended at this time. ACTION: That no legal action be taken at this time, but that the file shall be retained in the City lttorney's office until the matter is clarified. MORTON: Bowler; SECOND: Fowls Councilman Bowler pointed out since Sherlock Road, at the request of the residents, is excluded from traffic patrol, that the residents on Sherlock Road reconsider their position and possibly avail themselves of the Sheriff Department's services. Mr. D. Spencer asked for someassurance that this situation would not reoccur. The City Attorney advised this situation falls into three categories: 1) Violations of the Traffic Ordinance.... Town has no control since residents excluded this private road, therefore there is no relief from the traffic. However, the City Attorney recommended an amendment to the ordinance as suggested by Councilman Bowler. 2) Disturbance of the peace.... Well within the jurisdiction of the Sheriff's Department and recommended the citizens report any disturbances. 3) Violations of the zoning ordinance.... It is the intention lJ of the owner to voluntarily bring this situation into. compliance with the zoning ordinance. The ^,uestion was called: VOTE: Passed unanimously. P FEW BUSINESS (Cont'd.): 2. Proposal for Sanitary Sewer Study - McCandless & Co. Council concurred that since many alternatives were open to the Town, a sewer study was in order and the cost could be net with- in the existing budget. ACTION: That the sum of $5,000.00 be authorized for a sewer study. _ MOTION: Fowle; SECOND: Bowler ROLL C..11IL: AYES: Bowler, Clayton,.Fowle, Mayor Henley NOES: None ABSENT: Aiken 3. Special Census - Agreement with County. City Manager presented agreement to participate in a Special Census. The cost is now stated as *800.00 rather than the anticipated $1,000.00; however, this agreement will be .voided if all cities within the County do not Participate in the Census. ACTION: That the Mayor and City Clerk be authorized to execute the Special Census - Spring 1966 - Cost C-� Sharing Agreement. .MOTION: Clayton; SECOND: Bowler; VOTE: Passed unanimously. 4. Law Enforcement - Agreement with County - City Manager ounty.CityManager presented County. agreement for patrol services for the remainder of the fiscal year. This agreement remains at the Present coverage of five hours a day, seven days a week, but at the increased rate, basically agreed upon by all cities. ACTION: That the Mayor and the City Clerk be authorized to execute the agreement for Sheriff's patrol services. MOTION: Fowls; SECOND: Clayton It was noted that although the Law Enforcement Committee wouL:i not be in a position to determine rates, they would be interestes in the hours covered. The question was called: ROLL CALL: AYES:Bowler, Clayton, Fo*le, Mayor Henley NOES: None v ABSENT: Liken - -5- NEW 3USINTESS (Cont'd.): 5. Street Lighting - Dissolution of Los 'altos Highway Lighting District. The City Manager reported there were two factors involved - i£ the District were dissolved, the Town could ask for a division of the assets and then maintain the lights, or take no assets and the County will assume the cost for the remainder of the fiscal year. M1 CTI ON : Referred to the Staff for recommendation. - S'OTION: Fowle; SECOND: Clayton ;S4ENDED MOTION: That the study include an alternative for the .high intensity mercury lights and a proposal to dispense with the lights altogether. riENDED BY: Bowler; .P.CCEITED BY: Fowle VOTE: Passed. unanimously. VARI AISCES : 1. TenneGrorMe �V-2'L4-�) - Request for Fence in excess of Six Feet. 1CTION: That the request of George Tenney (V-234-65) be approved, in accordance with the Planning Commission's recommendations. MOTION: Fowle; SECOND: Bowler; VOTE: Passed unanimously. 2. Rase Isabelle T. (V-235-65) - Request for Reduction of et ack _equi rement to Thirty-two Feet. - ,iCTI ON : That the request of Isabelle T. Rose (V-235-65) - be approved, in accordance with the Planning Comrission's recommendations. MOTION: Bowler; SECOND: Clayton; VOTE: Passed unanimously. -6- BUILDING SITE APPROW.L: 1. Gerard Investments (BSA -2-64) - Engr.Riley. ^_C .TI ON : That the request of Gerard Investments Ltd. (BS.'. -2-64)' for building site approval be granted, in accordance with the requirements of the Planning Commission. MOTION: Fowle; SECOND: Clayton; VOTE: passed unanimously. DIVISIONS OF LIJU : Tentative Maps: 1. Colonial Estates, Tract #3142 - Relocation of Lot Lines. aCTION: That the Tentative Map of Colonial Estates dated September 24, 10,65 be approved, with approval to file a Record of Survey Map. S?OTION: Clayton; SECOND: Fowle; VOTE: Passed unanimously. COMR7NIC ATIONS : 1. Ronald R. James, Vice Mayor, City of San Jose, dated October 11, rt o£ the application o£ Pacific Southwest 1965, requesting suppo .'airlines for increased operating authority..... Deferred to Resolutions. 2. Marc Sapir, 315-5 Stanford Village, Stanford, dated October 7, 1965, regarding claim for damages. ACTION: That the claim of here Sapir be referred to the Staff for study andplaced on the dgenda for the November lot meeting. MOTION; Clayton; SECCHD: Bowler; VOTE: Ie:ssed unanimously. 3, Sirs. Melvin E. Lapides, 24065 Ravensbury Avenue, Los Litos-Hills, dated October 7, 196 regarding zoning. .Copies of Mrs. Lapides' letter were before the Council. Mayor Henley suggested that this letter be referred to the City Attorney in order to draft a reply, since Mrs. Lapides is entitled to a careful answer, at which time, the draft would be considered by the Council and if acceptable be forwarded to Mrs. Lapides. �) There were no objections from the Council and in fact it was noted the thoughts contained in Mrs. Lapides' letter were germane to the study presently being conducted on the wording of the zoning ordinance, _q_ �. LTNOUNCEMENTS: 1, Citizens' Law Enforcement Committee - Wednesday, October 2'Lh, 9:45 F. M. at the Town Hall. W.".RRANTS : 1. Bills, in the amount of FOUR THOUSLND SEVEN HUNDRED ND SIX DOL.T.'iRS and Twenty-seven Cents ('4x4,706.27), were presented for payment by Councilman Fowle. I:CTI ON : That the bills, as presented, be approved and the City Clerk be authorized to draw the approrriate warrants. MOTION: Fowls; SECOND: Clayton r.OLI, C!S1: AYES: Bowler, Clayton, Fowle, Iilyor Henley NOES: None 1BSE2TT: Liken P,ESOIUTIONS: - 1. Resolution No. 325 - Refer to COT 1HUNI CATI OZ'S, Item 1 ... City UoY SSan Jose. The City Attorney presented and read in its entirety, Resolution No. 325, a Resolution of the City Council of the Town of Los altos Hills urging favorable consideration of the application of Pacific Southwest Airways pertaining to increased air service to the San Jose Air Terminal. ACTION: -1dopt Resolution No. 325 as read. MOTION: Fowls; SECOND: Bowler ROLL C',.IL: .":YES: Bowler, Clayton, Fowle, Mayor Henley NOES: None ABSENT: Aiken OTHER BUSINESS: 'l. Proclamation of Navy Day. On order of the Mayor, the City Attorney will prepare for his signature a proclamation proclaiming Wednesday, October 2]1h, 1965 as "NLVY DAY". �j -8- 0TH7R BUSINESS (Cont'd.) p, Mayor Henley announced receipt of standardized zoning symbols prepared by the T'lanninE Department of the City of Mountain View, which will be an appropriate addition to the Town's files and of interest to its Planning Commissioners. ADJOURNMENT: MOTION: Clayton; SECOND: Bowler T-'FbETING 4DJOURNED: 10:15 r. M. 1TrXT riEGUL:'.R M'"ETING: Monday, November 1, 1965 at 7:45 T. M. at the Town Hall. Respectfully submitted, 1'= id. S'.LrEsd City Clerk 1C/18/65 -Tam Tonin of Los I.ltos Hills