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HomeMy WebLinkAbout05/01/1967, CITY COUNCIL l TOWN OF LOS ALTOS HILLS �J MINUTES OF A REGULAR MEETING May 1, 1967 The Regular Meeting of the City Council of the Town of Los Altos Hills was called to order by Mayor Albert, T. Henley at .7;45 P. M. Monday, May 1, 1967 at the Town Hall, 26379 Fremont Road Los Altos Hills, California. ROLL,CALL: PRESENT: Councilmen Aiken, Henson, Davey, Fowls, Mayor Henley ABSENT: None PLANNING COMMISSION REPRESENTATIVE: Arthur H. Lachenbruch APPROVAL OF. MINUTES: April 17D and 180L 1967.. ACTION: Approve minutes of April 17t" and 1&h, 1967 as submitted. MOTION: Davey; SECOND: Fowls; VOTE: Passed unanimously COMMUNICATIONS: 1. Los.. Alt os. Hills Association Mrs. Randall Jones Pres. - Letter of April 12, 19 7 requested that all subdivisions oa steep slopes not be approved until a 'slope ordinance' can .be studied and implemented. 2. John:T...Price,:12215.Edgecliff Place_ - Copy of letter of--April:19,: 1967"ex- presse concern a ouY the recent increased number of burglaries in Los Altos Hills, and the. possibility of inadequate police patrol service, and urged that remedial Steps betaken to alleviate the problem. Discussion was deferred to the Report of the law Enforcement Committee. 3. Warren.N.,Dorny+y'irst Vice -President, County Supervisors' Association of California - Letter of April 10, 1967, forwarded the Dissenting Report on the Governor's Commission on Pre-emption (proposed legislation). The report re- flects the policy position of the County Supervisors'. Assn. of California, as well as that of the League California Cities. Discussion was deferred to the Report of the City Attorney. 4. Robin D. Faisaat. :: Cit _-Attorne - Letter of April 28, 1967 recommended that the Council dany'the C aam -of Mary Jane Baird, for personal injuries sustained in the Town, andadministratively refer the claim to the Town's insurance carrier. ACTION: That the Claim of Mary: Jane Baird be denied. MOTION: Davey;SECOND: Foyle; VOTE: Passed unanimously Communications cont'd. 5. Leslie A... Helgesaon - Letter of May 1, 1967 was relative to the existing vacancy on the Planning, Commission, and submitted qualifications for consideration by the Council. Deferredtothe Executive Session Re: Personnel. ANNOUNCEMENTS:, 1. Inter -Cit Council - Regular Meeting is scheduled to be held Thursday, May 4., 19 77 a at the Brave Bull Restaurant, 4390 II Camino Real, Los Altos. UNSCHEDULED ITEMS: 1. Election of Mayor and Deputy Mayor. The Mayor requested that the City Manager Chair the meeting in order to con- sider nominations for Mayor. NOMINATION: Albert T. Henley; BY: Davey; ACTION: That Nominations be closed. Albert T. Henley was re-elected to serve as Mayor to April, 1968. Mayor Henley declared that Nominations were in order for Deputy Mayor. NOMINATION: Wm. Ross Aiken; BY: Benson; NOMINATION: Mary C. Davey; BY: Fowls; Hearing no further nominations, the Mayor inquired as.. to how the Council wished to vote --by secret ballot or voice vote. The Council agreed to election by voice vote, and the votes were polled as follows: - Wm. Ross Aiken: VOTE: AYES: Aiken, Benson NOES: Davey, Fowls, Mayor Henley ABSENT: None Mary C. Davey: VOTE: AYES: Davey, Fowle, Mayor Henley NOES: Aiken, Benson ABSENT: None Mary C. Davey was elected to serve as Deputy Mayor to July 6, 1967 (An un- pired term of Gordon E. Bowler). SCHEr%n XD ITEMS: 1. Presentation of Central Drive Plan - Nestor Barrett. Mr. Barrett, Planning Consultant for the Town of Los Altos Hills stated that the -2- Central Drive Plan - cont'd. ^-� Council had been furnished copies of the report prior to the meeting.. Mr. Barrett reviewed the problems relative to formulation of, and the back- ground of the Town's General Plan, the revised General Plan, and the Recreation Element of the General -Plan. He explained that, due to the trend to utilize higher elevations of land, the, problems existent, and the problem,of providing a continuous road system from the low to high areas, he was directed, along with the City Engineer, to make a study of the physical characteristics of the Central Drive neighborhood, And to develop an adequate through road pattern for the area. -' Mr. Barrett reviewed the report in its eat�rety.. The report is on file., and copies are available. Commissioner Hibner, inquired whether copies of the report would be available to the Planning Commission, and whether the Planning Commission will hold public hearings on the report. The Manager replied that copies are available for the Planning Commission; that the general public may purchase copies at $2.00 per copy. Mayor Henley announced that it is the intention of the Council to have the Planning Commission study the report and to hold public hearings. ACTION: That the Council accept Mr. Barrett's .report, and the planning Commission be directed to .agenda the report for study; that the.Council take the report under advisement. MOTION: Davey; SECOND: Fowle; Councilman Aiken stated that he would like to make asubstitute motion, but: upon the suggestion of the Mayor, decided to first hear comments from the Floor. - Mr. David Jansson,commented on the formula for slope development. Councilman Aiken made the following statement: .!'This report contains little or no discussion about the subject matter --traffic flow. .There is no dis cussion of other streets. The report states that Central Drive is through road. It has not been so since,. at least 1947. The report recommends that Central Drive be athrough road, but states (page 24) that use of Central Drive should not be encouraged. I note that three (3) pages out of a total of twenty-four (24) are devoted to selling clusters! This is not called for --even the report itself indicates clusters need have no bearing on average density. I find that this report does not directly relate to the subject, to the matter of traffic flow, and that parte, of the report are ambiguous. and inaccurate. I move a substitute .motion that ,thisreport be rejected." .. 1 1 -3- Central Drive Report - cont'd. ACTION: That the report be rejected. MOTION: Aiken; SECOND: Benson; Relative to the map, referred to by Councilman Aiken, showing the road through Mr. Dachenbruch's house, Mr. Barrett explained that the map Vas used only. as an illustration to show land slopes and gradients and not as a road pattern. Councilman Davey commented that there were are" of criticism in the report, but that she feltitshould not be totally rejected. She reiterated her position that the report should be accepted and taken under advisement, and be used'as a tool for the development of the neighborhood, along with the report that is ex- pected from the MAPS Committee. Councilman Aiken stated that he would amend the substitute motion to read: "With exception to the conclusions on Central Drive." MOTION AMENDED BY: Aiken; SECOND: None Mr. James Bell, Chairman of the MAPS Committee, answered Councilman Fowle's inquiry of whether or not the report follows the desires of the MAPS Committee, stating that the report does not give the info rmation expected by the Committee, and it does not contain information relative to traffic circulation. Mr. Barrett stated that he was asked to prepare a plan for the Central Drive neighborhood, a sort of general plan; that the report contains a circulation plan to assist in the study -of the traffic pattern. lie further stated that there had been a misunderstanding; that had he realized the Town wanted report on traffic flow, he would have immediately asked the Town to consult with a traffic engineer. Councilman Aiken commented that emphasis had been placed on density; that the report does not pertain to the subject matter, and that there are inaccuracies. Comments were heard from Mr. D. .Spencer, urging that the matter of slopes be scrutinized along with other things mentioned in the report. Mrs. P. Weisbart inquired about the costof the report. Mr. S. French commented that there is a good deal of valuable data in the report. Mr. Oliver Wheeler commented, at length, on the report and pointed out a number of inaccuracies and ambiguities. Mrs. li. Moeller expressed an opinion on the use of Central Drive, relative to the costly proposition of improving the road, and the money being expended to study the area. She commented that the residents want the area to remain rural. Councilman Aiken called for the question on his substitute motion. -4- Central Drive Report - cont'd. Councilman Fowls indicated his feeling the report should not be rejected, and that it should be accepted as a courtesy. He submitted the following sub- stitute motion. ACTION: That the report, submitted by Mr. Barrett, be tabled. MOTION:- Fooile; SECOND: Davey VOICE VOTE: AYES: Benson, Davey, Fowle, Mayor Henley NOES: Aiken ABSENT: None 2. Presentation of. First�traft of 1967-68 Budget - City Manager. Mr, Morse, City Manager, presented the proposed Budget,. to the Council by com- menting on the 'Statement of Objectives for the Town' and the covering letter to the Council which included proposed major capital outlay expenditures and -major capital improvements.. Copy. of the 'Statement of Objectives for the Town' and the letter were projected on the viewing screen for the benefit of the audience. The Council set the date for the first study session on the 1967-68 Budget for Monday, May 8, 1967 at. 7:00 P. M. at the Town Hall. Councilman Aiken commended the City Manager and the Staff on the preparation of the budget. 3. Sewer Assessment-DistrictNo. 2. Mr. M. Naehtscheia, City Engineer,reported that, due to the rains, work on the underground sewer installations in the. Rose. Hills Estates Subdivisionµ had not commenced; that he had nothing further to report on'the proposed ossessment districtatthis time. UNSCHEDULED ITEMS: 2. Bettendorff. Oscar A. -(V-279-67) Request for Reduction in Setback Requirement for a Swimming Poo and a Garage at 25010 la Loma Drive. Mr. Clayton J. Smith, Building Inspector, reported that two variances were re- quested and approved by the Planning Commission on April 23, 1967. Reduction of sideyard setback requirement to 23' for location of a garagewasrecommended for approval with the further requirement for a full turnaround.. It was de - determined thatthe Building Inspectorwoulddetermine the radius of the turna- round. ACTION: That the request for reduction in sideyard setback requirement for a garage be approved as recommended by the Planning Commission. U MOTION: Benson; SECOND: Aiken;- VOTE: Passed unanimously -5- Bettendorff - cont'd. i-� Reduction in the sideyard setback requirement to 18' was requested for a swim- . ming pool. ACTION: That the request for reduction in the eideyard. setback requirement for a swimming pool be approved as recommended by the Planning Commission. MOTION: Benson; SECOND: Fowls; VOTE: Passed unanimously 3. Appointment of Civil Defense Director. The City Manager read sections of the proposed ordinance (submitted by the Santa Clara County Civil Defense Office) relative to the appointment of the City Man- ager is the Town's Civil Defense Director, and outlining the duties of the director. The Council concurred with the suggestion of the Manager .that adoption of the ordinance should be postponed until further study has been made, butthat the immediate appointment of the City Manager, as Civil Defense Director, was in order. ACTION: That the City Manager of the Town of Los Altos Hills be appointed Civil Defense Director of the Town. MOTION: Aiken; SECOND: Davey; VOTE: Passed unanimously 4. Recommendation for Appointment to Santa Clara County Library Commission.. Mayor Henley announced that the Council had no recommendation to make at this time, and requested that the matter be on the agenda for the meeting of May 151% Councilman Davey suggested that the City Manager might mention, in hie monthly report, that the Council would accept suggestions for a recommendation for ap- pointment to the Library Commission. 5. Discussion of Planning Commission's Check List Item (Drainage) - Councilman Aiken. Councilman Aiken pointed out the need for some statement of policy, for. the Planning Commission, when considering the drainage in asubdivision, in order that a study may be made of the area downstream, as it may, or often does, create a problem. He suggested that the City Engineer and the Planning Commis- sion consider the overall problems relative to drainage. _ i Council concurred that, until the Drainage Report has been received, the Planning Commission should consider the problems, both in -tract and out -of -tract, in a subdivision relative to drainage. ACTION: That the Planning Commission study, not only the subdivision they have IJ at hand, but that they consider the entire drainage areaaffected by the proposed division of land. MOTION: Benson; SECOND: Aiken; VOTE: Passed unanimously -6- 6. Rep Collegeort.of.the-Law Enforcement_Committee - Re: Sheriff's Contract and Foothiii 1 Mr, A, E. Corduan, Chairman of the Law Enforcement Committee, reported that the Sheriff's Deputies spend three or four hours per day on basic law enforcement at no extra cost.to the Town. He stated that the main vehicle traffic violations are created by Foothill College. A prior report indicated that the College con- tributes -32% of the traffic accidents in Town. Mr. Corduan suggested, in consideration of the reduction of traffic accidents on Fremont Road, and the change in the traffic routes due to the opening of the Foothill Expressway, and pending the opening of the Junipero%Serra Freeway, the Town should consider a contract for eight (8) hours of service from the Sheriff's Department instead of ten (10) hours. He stated that the Law Enforcement Com- mittee agrees that the Town couldbe served adequately with eight (8) hours of coverage Mr. Corduan further suggested that the Council consider requesting Foothill College to participate', by contributing thirty-two per cent (32%) of the Sheriff's contract fee (32% of $34,164 is ib10,932). He indicated that some thought slid6id be given to crediting the College with the amount of 'sales tax revenue generated by the College ($6433.00) in the 1966 calendar year. In answer to Mayor. Henley's in uiry as to Council action required, Mr. Corduan stated that approval was needed for the proposed contract (fonts=hour coverage) with the Sheriff's Department, the Foothill College Contract, and the approval of the proposed utilization of the formula (32% of the Sheriff's contract fee and credit for sales tax revenue generated by the College during the previous calendar year) relative to participation by the College. Mr. Donald Spencer expressed the opinion that the College should be charged a higher amount for police coverage. Mr. H. Moeller inquired whether or not the time charged to the Town includes the time used 'going through the Town to get into County areas'. Mr. Corduan explained that it has been determined that deputies spend eight hours in the area --certain time for patrolling the Town's roads, and the other part of the time coming into the Town. Mrs. R. Jones commented on the number of burglaries in the Town, and asked if any progress is being made relative to apprehending the offenders. Councilmen Aiken and Davey concurred .that the Town should ask for themaximum amount of funds required to cover the additional costs of the. Sheriff's 'Contract created by Foothill College. ACTION: That the Council accept the report of the law Enforcement Committee, and request the City Manager to implement the report; that the formula, relative to Foothill College`, is not acceptable. MOTION; Pavey; SECOND: Aiken; VOTE: Passed unanimously -7- �aw Enforcement - cont'd. Councilman Aiken commented that he knew of five (5) burglaries which have net ^) been reported by the victims.. He suggested the use of patrol cars in the area as a deterrent, further stating that,eight hours of coverage is not'sufficieet. Mr. Corduan pointed out that the eight hours mentioned isfor traffic patrol; that the Town should stipulate time required for basic law coverage.' 7. Report of the Sewer Committee. The City Manager reported for the Committee, announcing that a meeting will be held Tuesday, May 9, 1967to hear two experts speak on septic tanks. Mr. Morse reported that he had .received a letter, April 29th, from Dr. John H. Winneberger, Consultant „Septic Tank .System , relative to the request 'of the Sewer Committee for an estimate of charges. for preparing a report on the feasi- bility of establishing a. sanitary district, using septic tank systems, in the Town. Dr. Winneberger indicated, in his letter, ,that he would be willing to waive his customary consulting fees, but requested a fee of ONE. HUNDRED FIFTY - DOLLARS ($150.00) to cover 'miscellaneous out -of• -pocket expenses'. He also requested that the Town Staff assist him in preparation of some sections of the report (such as legal, problems, financing, etc.). A brief outline of the form of the proposed report was enclosed. Councilman Benson indicated that the townspeople are interested in acquiring this information,and urged the Council to approve the expenditure. ACTION: That the Council approve the expenditure of ONE HUNDRED FIFTY DOLLARS ($150.004as requested by Dr. John H. Winneberger. MOTION: Benson; SECOND: Aiken; In =ewer to questions raised relative to assisting Dr. Winneberger, the City Manager indicated that he could procure the information relative to financing from consultants in San Francisco, or the Staff could furnish the infdrmation. Relative to legal problems, the City Attorney stated that there is no past ex- perience on this matter, so therefore he could only generalize on procedures. The City Engineer stated that he would,be able to furnish Dr. Winneberger with Boils test information, and that the Santa Clara County Health Department would have soils test reporta on almost any subdivision in Town. Comments were heard from Messrs. David Janson and E. A. Breyman relative to Dr. Winaeberger'B theory on septic tanks. The question was called. ROLL CALL: AYES: Aiken, Benson, Davey, Fowle, Mayor Henley NOES: None ABSENT: None Mr. Morse announced that the Santa Clara .County Health Department will conduct a tour of the Town's areas having critical septic tank problems. The tour''will be held Saturday, May 6�1, starting at 9:00 A. M. The Council is invited'to attend. -8_ 8. Report of the Drainame Committee. (-� Mr. Wm. A. Perkins, Chairman of the Drainage Committee, reported that the Com- mittee will submit its recommendations to the Council at the next meeting; that the Council will receive the report in time for review prior to the meeting. The Mayor requested that the matter scheduled for one-half N) hour on the agenda for May 15m meeting. 9. Report of the City Ehgineer. Mr. Nachtsheim stated that he had nothing to report. 10. Report of the City Attorney. a) Mr. Faisant announcedthat the three property owners, having septic tanks in violation of the Town's Ordinance No.. 8, have been notified to abate the problem. He stated that one of the .parties is now circulating a peti- tion for an assessment district for sewers in his area. b) The property owner having his etorm-drainage connected to a sanitary sewer system has completed the disconnection. c) The property owners, having swimming pools in violation to the provisions of the Town's Fire Ordinance, relative to an emergency access, are taking steps necessary to comply with the provisions of Ordinance No. 87. Mr. C. A. Ferrari, 13434 Mandoli Drive, complained that his neighbor, Mr. J. L. Pellegrin, has done nothing to correct his septic tank situation which seriously affects his property, and inquired, of the Council, how much time is to be allowed to correct the problem. He stated that he is ready to commence legal action. Mayor Henley stated that would be very sorry if Mr. Ferrari takes action which is hostile to the Town; that the Council takes the advice of the City Attorney, and that a certain amount of time must be granted to Mr. Pellegrin. He expressed sympathy with Mr. Ferrari's inconvenience. He suggested that Mr. Ferrari consult his legal advisor to determine what action he should follow. Councilman Aiken commented that perhaps Mr. Pellegrin should have some time limit in which to report to the Council. Mayor Henley stated that he would like to have an answer within two weeks, but that the .parties have to be allowed time to take care of the problem. d) Dissart and Recommendations of the Governor's Commission on the Law of F're:LmRtion.- �v The City Attorney commented on the letter and report from Warren N. Dorn, referred from 'Communications'. He explained that, if the Council wished to take a position, he would advise taking the position of the League of California Cities, aresult of a 2 -year i study. He stated he would obtain information on the status of the League's proposal and report his findings to Councilman Davey. He indicated that the legislators are in favor of the motion. P- Report of the City Manager. r) a) The Santa Clara County Inter -City Council will sponsor a 'Legislative Liason Tour' in Sacramento May 17, 1967- Councilmen interested in attend- ing should contact the City Manager before May 4% b) The City Manager and the City Engineer will attend a meeting with residents in the Pink Horse Ranch Unit No. 1 Subdivision on Wednesday, May 3, 1967 at 8:00 P. M. to discuss the problems relative to road improvements. c) Mrs. A. Ginzton, Vice-Chairmon of the Path Committee, has submitted a Pathway Plan Map for Los Altos Hills which appears in the April 26'^ issue of the Town Crier. d) The cost of the Special Municipal Election, held Tuesday, April 11, 1967, was reported to be $808.48. e) Councilman Davey will attend a meeting of the League of California Cities Committee on Home Rule in Sacramento Tuesday, May 9, 1967. Councilman Davey inquired as to the Council's permission to participate in the Study Session. Council's assent was indicated. f) The valuation of building permits issued for the month of March amounted to $250,000. g) Councilman Davey commented on the Pacific Air Commerce Center's proposal to fill in the San Francisco Bay, along the San Mateo County bay shore line. Sheurged the Council to be alert to the situation, and indicated that if the proposal is carried through, it may effect changes in the Santa Clara County bay shore areas. PRESENTATIONS FROM THE FLOOR: 1. Mrs. Randall Jones suggested that an exhaust fan should be used to clear the -hall of -smoke during the meetings. The Staff will investigate the costs. ORDINANCES: 1. Ordinance No. 119 - Amending Ordinance No. 86 Re: In Lieu Path Payments for Subdivisions. The City Attorney presented Ordinance No. 119, relative to amendment of the in lieu payment for paths of $1.65 per linear foot to proposed 110% of the engineer's approved estimate. The title of the ordinance was read. ACTION: That further reading of Ordinance No. 119 be waived. MOTION: Aiken; SECOND: Fowle; Mrs, A. Ginzton, Vice -Chairman of the Path Committee, commented relative to the use U of the words 'paths/walks', stating that Ordinance No. 96 had eliminated the use of the words 'pedestrian' and 'walks'. 15015 Ordinance No. 119 - cont'd. The word 'walk' will be changed to 'path' in the proposed ordinance in to make the j language have conformity. The Question was called. ROLL CALL:. AYES: Aiken, Benson, Davey, Fowls,Mayor Henley NOES: None �- ABSENT: None Ordinance No, 120 - Approving Contract With State Employees' Retirement System. The City Attorney presented and read the title of Ordinance No. 120. ACTION: That further reading of Ordinance No. 120 be waived. MOTION: Fowls; SECOND: Aiken; ROLL CALL: AYES: Aiken, Benson, Davey, Fowle, Mayor Henley NOES: None ABSENT: .None RESOLUTIONS: 1. Resolution No. 395- Recommending Consideration and Study of Slope/Density Zoning Regulations. Resolution No. 395 was presented and read by Councilman Benson. ACTION: Adopt Resolution No. 395 as read. _ Comments were heard from Councilmen, expressing concern relative to problem areas and the need for study of the problems. The Question was called. ROLL CALL: AYES: Aiken, Benson, Davey, Fowle, Mayor Henley NOES: None ABSENT: None Mr. David Janson stated that he was strongly opposed to any change in zoning in the slope areas. Councilman Aiken proposed the following motion:. ACTION: That the Council declare a moratorium on development of land with slope ex- ceeding 25% where the lot size is less than two (2) acres; that the mora- torium be for ninety (90) days. MOTION: Aiken, SECOND: None Councilman Aiken stated that he did not intend this percentage as a blanket average; that only the portion of a subdivision which is this steep should be affected. -11- Resolution No. 395 - cont'd. The City Attorney commented on the motion, stating that the. Council has the power to place a moratorium on subdivisions, but that certain conditions would have to beoutlined--exact standard for measurement of slopes would have to be adopted. The Clerk would have to be instructed to accept no maps (in the area on which the moratorium would be placed) during the period of the moratorium. The. Attorney recommended that an ordinance, either as regular procedure or an emergency procedure, be adopted to effect the. moratorium. Thedraft should contain an engineering formula. relative tostandard -for the measurement of slopes. Mr. Glenn Taylor commented on the application of the percentage formula for measurement-ofslopes, mentioning proposed ordinances for San Mateo County and the Town of Portola Valley. .Councilman Aiken. expressed agreement with Mr. Taylor, that steepareas should be considered separately; the formula shouldbeapplied to individual lots and not to .the whole. subdivision. The City .Attorney was instructed to prepare a draft of an ordinance relative to declaring a moratorium on development of .land in areas having slopes in excess of TWENTY-FIVE PERCENT (25%). Councilman Fowls indicated his preference for adoption of a regular ordinance, rather than an emergency ordinance. WARRANTS: Bills, in the amount of .SIX THOUSAND ONE HUNDRED EIGHT. DOLLARS ($6108.00), were presented by CouncilmanFowle. ACTION: That the bills be approved, as presented; that the City Clerk beauthorized to draw the appropriate warrants. MOTION: Fowls; SECOND: Davey; ROLL CALL: AYES: Aiken, Benson, Fowls, Davey, Mayor Henley NOES: None ABSENT: None MEETING ADJOURNED: 11:15 TO: - EXECUTIVE SESSION RE: .Personnel. MEETING. RECONVENED: 11:50 P. M. MEETING ADJOURNED: 11:55 P. M. NEXT REGULAR MEETING: Monday, May 15, 1967 at 7:45 P. M. at the Town Hall. Ree ctfully submitt N ITA L. AN ty Clerk OWN OF LOS .ALTOS HILLS 5-1-67