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HomeMy WebLinkAbout05/15/1967CITY COUNCIL TOWN OF LOS ALTOS HILLS MINUTES OF A REGULAR MEETING May 15, 1967 Deputy Mayor Mary C. Davey called the meeting to order at 8:05 P. M. in the Council Chambers, Toon Hall, 26379 Fremont Road, Los Altos Hills, California. The following members were present: Councilmen Aiken, Denson, Fowls, Deputy Mayor Davey. Absent: Mayor,lienley, Commissioner Gertrude Sherlock represented the Planning Commission. Minutes of the regular meeting of May 1, 1967 were corrected as follows: Approval of Minutes Page 4, Para, 4; Delete the Amendment to the substitute motion, by Aiken. Page 11, RESOLUTIONS: Resolution No. 395: Add the following: "Motion: Henson; SECOND: Davey;" Upon motion by Councilman Fowlc, second by Councilman Benson, the minutes were approved with corrections. The City Manager commented on the length of the minutes (12 pages); con- taining comments, summations and superfluous data, and mentioning the Length of, greater margin of error in such long minutes. Ile suggested indexing the Minutes minutes and consolidation of some of the data. Deputy Mayor Davey commented on the requirements for minutes, as outlined in the League of California Cities' City Clerk's Handbook, which method would condense the minutes to include only the 'action' as taken by the Council and other such data to insure clarity. Councilman Fowls indicated his favor for more consolidated or condensed minutes. Councilman Aiken stated that, although the minutes are long, they reflect the work --long hours --of the Council. He indicated that he would like some background information, i.e. reasons for a dissenting vote. The Council agreed to condensation of superfluous comments, and requested the Manager and Clerk to proceed with the Manager's suggestion for index- ing, and consolidation of the minutes. The following items of communications were read by the City Manager: 1. Request was received from Association of Bay Area Governments ADAG for names of the Town's official representative, alternate, Councilmen Representation and City Officials. " Upon hearing Councilman ;,enson volunteer to serve as the Town's alternate representative, Deputy Mayor Davey stated that the appointment would be made at the next meeting. Deputy Mayor Davey is the Town's representative. l 2. Letter of May 8, 1967, from Alexander C. Prentice, Jr„ announced Plan. Com. .,^ his resignation from the Planning Commission, effective May 15, 1967, Resignation Deputy Mayor Davey stated that the Council accepts Mr. Prentice's resignation with sincere regret, and requested 1 that a letter, expressing the Council's appreciation for his ser- vice to the Town, be sent to Mr. Prentice. The matter of appointment to one of the two existing vacancies on the Planning Commission was discussed, relative to the possibili- Plan. Com. ty of not having a quorum to hold the meeting scheduled for - Vacancy May 22nd. The matter was deferred to discussion under OTHER BUSINESS BY COUNCILMEN. 1. The League of California Cities will hold its regular meeting on Thursday, May 257 1967 at the Golden Platter, 1000 El Camino Real, San Carlos at 7:30 P. M. Letter from the City Engineer's office, George E. Cook, (May 11, 1967) recommended that the Town approve the proposed agreement with the County to transfer Section 186.1 Gas Tax Funds ($171504.00) to the County of Santa Clara Department of Public Works for expenditure on an approved County Select System Project. Upon motion by Councilman Aiken, second by Councilman Fowle, the Council authorized the Deputy Mayor and the City Manager to execute the agreement with the County of Santa Clara relative to the transfer of Section 186.1 Gas Tax Funds. Motion was passed by Roll Call Vote of the four Council- men present. Absent: Mayor Henley. Mr. Marvin Nachtsheim stated the plans for the proposed sewer assessment district are now being reviewed by the Engineering Department of the City of Los Altos. Upon approval by Mr. M. $etzel, City Engineer, and'sub- mittal to the City Engineer'soffice, the plans will be approved, and the D�,veloner of Rose Hill Estates may be given notice to proceed with con- struction of underground work. Mr. Nachtsheim stated that he hoped to have the plans ready by the Council's June 5th meeting. At this time, the City Attorney may present a resolution of intention for the Council to adopt. The tentative map of Matadero Springs (330-67), subdivision of three (3) lots (off Black Mountain Road near Altamont Road) was placed on the agenda at the request of C. E. Randlett, Civil Engineer. The City Manager explained that approval had not been received from the Santa Clara County Health Department at the time the agenda was pub- lished because rainy weather had prevented percolation tests. Letter of May 15, 1967, from the Health Department was read, by the Manager, a preliminary subdivision review disapproving theProposeddivision of land 'in view of the very steep topography and the encountered ground water on proposed Lot 1". Mr. Irving Specter, owner of Lot 2, questioned the status of his lot, a former home site prio_ to the proposed subdivision. He was informed that the proposed subdivision of three (3) was disapproved by the ( Health Department. Discussion followed, during which it was ascertain- ed that Mr. Specter had purchased the proposed lot 2 prior to the ap- proval of the subdivision. -2- Meeting Notice Agreement With County Re: Transfer of Gas Tax Funds Sewer Assessment District #2 Matadero Springs Subdivision• (330-67) r[otioa by Councilman Fowle, second by Councilman Aiken, to refer the mat- Mataderq ter of Matade.ro Springs Subdivision to the City Attorney and the City Springs Manager for clarification and possible action, by the Council, at some cont'd. future time, was passed unanimously. Deputy Mayor Davey inquired whether there were suggestions, from the Council, for recommendation to the Santa Clara County Library Com- Library mission for appointmentas the Town's representative. Commission Appointment Upon the suggestion of Councilman Benson that Mrs. Dorothy Jensen, 12233 Windsor Court, be recommended for appointment, Deputy Mayor Davey commented that Mrs. Jensen is a registered librarian. and-ia :presently em- ployed by the Mountain View -Los Altos High School District. Motion by Councilman Benson, second by Councilman Fowls, recommending that Mrs. Jensen be appointed to the Library Commission as the Town's representative, was passed unanimously. Letter (May 9, 1967) from Mr. R. W. Towle, relative to banning trucks Trucks on on the Junipero Serra Freeway, was read by the City Manager. Mr. Towle Junipero requested a report on the progress,. due to the imminence of the opening Serra Freeway of the Freeway. The City Manager read his memorandum (February 13, 1967) to the Plan- ning Commission, discussing the result of his research on the matter, and his recommendation that the Planning Commission request the Council to adopt a resolution urging the banning of trucks on the Junipero Serra Freeway. A search of the Planning Commission Minutes of Janu- ary 23, 1967, revealed that, at the time the memorandum was read, no action was taken. Motion by Councilman Aiken, second by Councilman Denson, that the Council initiate a letter, as suggested by the City Manager, to Mr. Alan S. Hart, Engineer, Division of Highways, asking that trucks be prohibited from using the Junipero Serra Freeway, was passed unanimously. The suggestion was made that an effort should be made to enlist other cities --Los Altos, Cupertino, Stanford, and others through eihich the freeway is routed, to pass similar rulings banning trucks. In answer to Mrs. D. Miller!s question of why consideration was not given earlier to this matter, Councilman Fowle stated that there was never any understanding that trucks would be prohibited, as this was to be a freeway and not a parkway. Due to the allocation of funds (90% federal and 10% State), trucks may or may not be prohibited. In answer to Mr. D. Janssen's inquiry relative to weight limit of vehicles, the Manager stated that vehicles over one ton would probably be prohibttdd, but that he would investigate the weight limitation on the MacArthur Free- way through the City of Oakland on which trucks are banned. Councilman Benson reported the Planning Commission's recommendation to Mid -Peninsula extend, for six months or to January 1, 1968, the term with Mid -Peninsula Foothill Foothill Planning Committee. The Commission recommended that Councilman Planning lachenbruch continue as its representative. Motion by Councilman Benson Committee second by Councilman Fowle, extending the term, as recommended by the Planning Commission, was passed unanimously. -3- Councilman Aiken stated that the City Attorney, some time ago, had brought to the attention of the Council the suggestion that a section of Ordinance �) Ordinance No. 102 should be clarified. Ordinance No. 102 requires ap- No. 102 proval of certain sites before issuance of building permits and outlines the procedure therefor. The Attorney explained that clarification was needed relative to whether the Town should permit a change from one permitted use to another permit- ted use, i.e. conversion of a barn to a residence; does the Council wish to review the matter or take an interest in such a change of use. Mr. Faisant suggested amending the Ordinance, and the City Manager concurred. Mr. Faisant was requested to draft an amendment to Ordinance No. 102, to be presented later in his report. Questions and comments were heard from the floor from the following persons: Messrs. Lawrence Dawson, Wendell W. Roscoe, Donald Spencer, and David Janssen. - Mr. Wm, A. Perkins, Chairman of the Drainage Committee, presented and Drainage discussed the comprehensive report submitted by the Committee, in detail, Committee with the aid of photographs, maps and charts (on file at the Town Hall). Report. The Committee presented three proposed plans ('fable 2 of the Report) show- ing 'Cost Estimates of Improvements', from which group the Committee re- commended that the Council adopt proposed Plan I. Estimate for Plan. I was indicated to be IU6,000 for .immediate improvements and x56,000 for future improvements, a total of :x112,000. The Committee further recom- mended that the immediate improvements be implemented as early as possi- ble in order to eliminate drainage problems next winter. Deputy Mayor Davey extended thanks and appreciation of the Council,. to Mr. Perkins and his Committee and to the City Engineer, for the report.- Comments were heard from the following persons: Messrs C. Dittman, C. Askine, S. Surtees, and Mr. Downey, all within the Manuella Drainage Basin. Mr. D. Janssen, 27440 Sherlock Road, also commented on the report. Discussion followed relative to what action should be taken, at this time by the Council. Mr. Perkins commented that the Committee should have some indication of the feeling of the Council as to the recommendations presented. Councilman Aiken stated that the purpose of the first step is partly to find out what support, or lack of support, there is among the landowners in the Manuella Basin, and also to get more information regarding bound- aries. Motion by Councilman Aiken, second by Councilman Fowle, that, of the three plans submitted by the Committee, Plan I is the most feasible in the Coun- cil's opinion, was carriedbya unanimous® vote. Motion by Councilman Fowle, second by Councilman Aiken, that the Council instruct the City Attorney and the City Engineer to proceed along the lines of Plan I to establish appropriate boundaries for a proposed assessment district in the Manuella Basin, was carried unanimously. 0 The Git,y Attorney commented on the procedure of petitioning the land- Drainage owners, stating that, by signing the petition a landowner merely acts to Committee initiate the proceedings for an assessment district. The petitioner is Report not committed to continue. Further, that public hearings will be held cont'd. at which landowners will have the opportunity to protest the district. Following a five minute recess, the meeting reconvened at 10:10 P. M. The City Manager reported that he and the City Engineer had met with Pink Horse residents in the Pink Horse Ranch Unit 1 to determine what steps could Ranch Unit 1 be taken to effect improvement of the roads in the area and acceptance for maintenance. He read letters having a bearing on acceptance of im- provements in Pink Horse Ranch Unit 1. They are as follows: a) Letter of May 61 1960 from the City Engineer stated requirements prior to acceptance of improvements in the subdivision. Four items were specified to be completed. b) Copy of letter of February 3, 1958 from Paul W. Salfen, Building Inspector, to Griffin & LaBare, Contractors, stating that he had inspected the drainage facilities installed and that they were found to be satisfactory. c) Letter of February 15, 1958 from the City Engineer to George Nolte, Engineer for Pink Horse Ranch No. 11 Subdivision, indicat- ing . that approval of some of the drainage work, done under the jurisdiction of the Santa Clara County Flood Control District, had been aU;rovod by the Town, and suggested that the newly a- dopted street standards (by the Town) be used for Pink Horse Ranch Unit No. 2. (The letter indicated that the tentative map was originally approved under different standards.) It was ex- plained that Pink Horse Ranch Unit No. 1 was the first subdivi- sion considered by the Town after its incorporation, and that it had been tentatively approved under Santa Clara County regula- tions. The City Manager explained that .the City Attorney had given his opinion that that the Town is not legally bound by the letter by Paul W. Salfen re- lative to inspection and approval of improvements in the subdivision. The four items listed in the letter of May 6, 1960 were discussed with Mr. Wendell Roscoe, the developer. The City Engineer reported his findings on a study made to determine the costs to bring Willow Pond Lane up to 'good condition'. His estimate was 313,790. Mr. Nachtsheim estimated that the road could be brought to 'passable condition' for about $6000 to $7000, but with an additional amount if there is subsurface water. He suggested that soils tests should be made. Mr. Morse introduced Mr. Donald Smith who met with him and Mr. Nachtsheim and who was asked to be the spokesman for the residents in the area. Mr. Smith read the following proposal to the Council, for adoption, as the ,most equitable solution to the present situation" 111. Wendell Roscoe will comply with those portions of the letter attributing the corrective action necessary for approval of the road �) that cannot be shown to have been completed. (i.e. shoulder patching, culvert cleaning and channel work) -5- 2. That, after acceptance by the 'Town of this work, the Town will accekt responsibility of the roads in Pink Horse Ranch Unit No. 1. pink Horse 3. That after acceptance of the roads in Pink Horse Manch Unit No. 1, Ranch Unit 1 the Town repair Willow Pond Lane to a passable condition and will l cont'd. continue the maintenance of the roads in Pink Horse Ranch Unit No. 1 thereafter.'- hereafter."In Inanswer to Councilman Fowle's question as to the condition of the other 'not up to standards', it was explained that the other roads are not roads as bad as Willow Pond Lane. The Attorney gave his opinion that the Council has not accepted improvements; that mtil all improvements are brought to standard, including Willow Pond Lane, the Council is under no obli„ation to accept the improvements. All legalities are on the side of not acceptinru= improvements until brought to standards. All equities are on the side of acceptance. Council expressed opinions that the Town should consider the 'equity sidle' of the matter. Following discussion of whether to take action, it eras agreed to put the matter over to the June 5'' meeting. Relative to inquiry of whether emergency work could be done in Willow Pond Lane to give residents some relief of poor ingress and egress via drive- ways, the Attorney stated the Town cannot legally do anything until there is acceptance of the improvements. In reporting for the Sewer Committee, the City Manager stated that a meet- Report of ing has tentatively been scheduled for May 31, 1967, by the Committee, Sewer pending receipt of the report by Dr. John LI. Winneberger. Committee Mr. Marvin Nachtsheim stated that he had nothing further to report. Report of City Engineer The City Attorney reported on the following matters: Ordinance No. 122, amending Ordinance No. 102, relative to the change of Ord. No. 122 one permitted use to another permitted use, was presented and read, in (lot reading) its entirety, for the first reading. The ordinance will be considered for approval at the next Council meeting. The three violations of Ordinance No. 8 (re: :Septic Tanks) are being in- Septic Tanks spected daily by the County Health Department. A fourth violation has been brought to the attention of the Health Department which is also being kept under surveillance. Pursuant to violation of Ordinance No. 78 (Zoning) at 13810 La Paloma Road Zonin;� (multiple occupation ofa single-family residence), the Attorney asked the Violation approval of the Council to file suit and an injunction forimmediate abate- ment of the premises by one of the families. The Council indicated ap- proval. The City Manager reported that he had acquired right of way easement for Paths paths for Champagne Heights He. 1 Subdivision on Altamont Road from one property owner. UMr. Morse reported that the Palo Alto Finance Committee is expected to Sewers - hold a meetinC to discuss a sewer agreement with the Town upon completion Palo ;Lits of the study of plans by the Palo ';lto City EnZineering office. -6- The City Manager reported that the Town will commence receiving franchise Franchise r 1 payments January 1, 1968, from California Plater Service Company, if the Calif. Water Council grants a franchise. Further information will be available at a Service Co. later date. The Manager reported that bilk, amounting to 31333.81, were inadvertently not approved on April 17, 1967 (only a sub -total of bills was approved). Approval of He requested that they be presented under WARRANTS. Bills The cost of an exhaust fan for the Council Chamber was reported to be Exhaust Fan �365.00. Mr. Donald Spencer extended an invitation to attend a Forum, sponsored by Presentations the Los Altos Hills Assn. May 1", 1967 at the Fremont Hills School. From the Mr. Huey D. Johnson, of the Nature Conservancy, will be the speaker. Floor Mr. M. R. Johnson announced that the Purissima Bills 'dater District PHCowD will decrease the tax rate by five cents (£5.05) for 1967-63 fiscal year. Tax Rate Mr. M. R. Johnson expressed concern relative to watering of the freeway landscaping, stating that the Purissima Hills County Water District can not Freeway supply the amount of water required. The District does not have the meter Landscape capacity nor the lines. Be further expressed concern that the State has Watering let bids for the purchase and planting of trees. The Council expressed the desire to be kept informed on this matter. Mr. David Jansson, Chairman of the Plaque Committee, reported the cost of Plaque Com. the proposed plaque, to commemorate donors of Town properties, is u135.00. Mr. Janssen stated that the Committee would like to limit contributions to 12.00 in order for more people to have the opportunity to contribute. Contributions will be accepted at the Toon Hall. Ordinance No. 119, amending Ordinance No. 69 by amending the rate of contri- bution to the Special Path Construction Fund, and repealing Ordinance No. 86, was presented by the City Attorney. He read the title of the ordinance. Ord. No. 119 Motion by Councilman Fowle, second by Councilman Aiken, to waive further (Path Fund) reading of the ordinance, was passed by Roll Call Vote by Councilmen Aiken, Benson, Fowle, Deputy Mayor Davey. Absent: Mayor Henley. Upon motion by Councilman Aiken, second by Councilman Fowle, to adopt Ordinance Pio. 119 as read, motion passed by Roll Call Vote - Councilmen Aiken, Benson, Fowls, Deputy Mayor Davey. absent; Mayor 1'enley. - Ordinance No. 120, authorizing a contract between the City Council and the Ord. No. 120 Board of Administration of the California State Employees' Retirement (Bmp. Ret. System, was presented by the City Attorney. ^_itle of Ordinance No. 120 was System) read. Motion by Councilman Aiken, second by Council Fowls, to waive further reading of the ordinance, was unanimously passed by Poll Call Vote by Councilmen Aiken, Benson, Fowls, Deputy Mayor Davey. Absent: Mayor Henley. Motion by Councilman Fowle, second by Councilman Aiken, to adopt Ordinance No. 120 as read, was unanimously passed by Roll Call Vote by Councilmen Aiken, Benson, Fowle, Deputy Mayor Davey. Absent: Mayor Henley. i 1 Ordinances No. 119 and 120 will become effective June 14, 1967. -7- Ordinance No. 121, amending Ordinance No. 73 by adding new sections thereto pertaining to minimum area of steep lots, was presented and read, Ordinance in its entirety, by the City Attorney. lie commented on and explained No. 121 portions of the ordinance, and recommended that it be adopted as an (Slope urgency measure. Density) Mrs. D. Miller and Por. E. A. Breyman commented relative to the urgency of adopting the ordinance. Discussion followed during which the Council commented on the ordinance and the urgency factor. Motion was made by Councilman Aiken, with second by. Councilman Fowls, to adopt Ordinance No. 121 as read. The ordinance was further discussed relative to application of the ordinance to subdi- vision maga submitted within the period which the ordinance is effective. Existing lots or subdivisions are not affected by this ordinance. Commissioner Lachenbruch explained the formula --if the slope is greater than twsnty-five percent (250), the lot should be two (2) acres; if the slope is less than twenty-five percent (251.'), the lot may be one (1) acre. Mr. David Janssen stated that he was opposed to a ninety -day moratorium on subdivisions and to any change from one -acre zoning. The Question was called, and passed unanimously by Roll Call Vote by Councilmen Aiken, Benson, Fowls, Deputy Mayor Davey. Absent: Mayor Henley. Bills, in the amount of FOUR, THOUSAND SEVEN HUND3ED NINETY'' -TWO DOLLIXS and Porty-Seven Cents (,{1%792.47), were presented for payment. Of this WARRANTS amount, i'$1335.51 was for the period ending April 17, 1967 and "65456.66 Approved was for the period ending May 15, 1967. Motion by Councilman Fowle, second by Councilman Aiken, to approve the bills as presented and author- izing the City Clerk to draw the appropriate warrants, was approved unan- imously by Roll Call Vote by Councilmen Aiken, Benson,Fowle, Deputy Mayor Davey. Absent: Mayor Henley. Councilman Aiken inquired of Commissioner Lachenbruch whether the Planning Slope Commission has a Committee to study 'slope density'. Commissioner Lachen- Density bruch answered that a committee has been appointed, and will report to the Planning Commission. There being no further business, the meeting was adjourned at 11:1'5 P. M. The next regular meeting of the City Council will be held Monday, June 5, 1967 at 7:45 P. M. at the Town Hall. P:�.s ct£ully submrtt lj AIdITn L. S3 AN City Clerk Town of Los Altos Bills 5-15-67 -2-