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HomeMy WebLinkAbout06/19/1967CITY CGUNCIL TJN OF LOS ALTOS HILLS MINUTES OF A REGULAR MEETING June 19, 1967 Mayor Albert T. Henley called the meeting to order at 8:05P. M. in the Council Chambers, Town Hall, 26379 Fremont Road, Los Altos Hills, California. The following members were present: Councilmen Aiken, Benson, Davey, Fowls, Mayor Henley. .Absent: None. Commissioner Wm. A. Perkins represented the Planning Commission. The Mayor stated that the late starting of this meeting was due to aSpecial Meeting of the Council and representatives of the State Highway Department, Purissi.ma Hills County Water District and Path and Tree Committees regarding the proposed Freeway Landscaping Plan. Minutes for June 5, 1967 wens corrected as follows: Page 1, APPROVAL Communications, Item 11 2nd para., 5th line, omit 'capacity' and OF substitute "rate of demand"; Page 8, 7th para., omit 2nd line and MINUTES substitute: "Councilman Benson indicated that although the City of Los Altos is willing to provide sewer service, it is probable that server service will not be available for at least a year. This is based on the time required for forming districts, calling for bids, and constructing the system in Los Altos Hills. No time limit was imposed by the City of Los Altos." Motion by Councilman Fowls, Second by Councilman Aiken, that the by the MOTION AND VOTE Minutes of June 5, 1967 be approved as corrected, was passed following Roll Call Vote: Ayes: Aiken, Benson, Fowls. Noes: Davey, Mayor Henley. Absent: None. Mayor Henley stated that a Study Session will be held to discuss Inter -City Council the recording of Minutes in accordance with the and League of California Counsel regulations. The following items of Communications were read by the City Manager: CO M4UNICA- NS 1) Preston Burchard, Chairman, Tree Committee, dated 6/19/67 re - garding transfer of unspent funds'. Staff was instructed to agenda this matter for the next regular meeting. its adopted 2) City of Newark, dated 6/5/67, requesting support of to policy concerning Regional Government. Staff was instructed agenda this request fox the next regular meeting. dated 3) Division of Highways, Alan S. Hart, District Engineer, 6/12/67, regarding next step to prohibit truck traffic on Junipero Serra Freeway. City Attorney was instructed to pre- pare a resolution for the next regular meeting. President, dated 6/9/67, re- 4) Foothill College, Calvin C. Flint, City Manager was garding additional Campus police services. the Santa Clara County instructed to relay this information to f Sheriff's Office: `-' Hillier and Saul, dated 6/19/67, appealing a decision 5) Andersen, of the Planning Commission. Staff was instructed to agenda a Public Hearing for this appeal at the next regular meeting. _ 6) Black -vhuntain Soil Conservation District, dated 6/1°/67, COKIRR1I- ') announcing a meeting on June 30, 1967 at 7:30 P. M., Palo Alto CATIGIVS City Pall, to discuss water shed protection relating to Matadero (cont'd.) Creek. It was requested that a representative be designated to attend. Commissioner Per)c�ns, member of the Northwest Advisory Coiemittee, will. attend, and tbUncilman Davey ;ias appointed alternate. 1.Councilman Davey requested a discussion of pedestrian and traffic problems in view of the recent Los Altos School District's action to eliminate a number of school,busses for financial reasons, and thereby requiring school children to walk to school within a two mile radius. Councilman Davey reported that 337 Los Altos Hills children attending the five schools involved will have to walk. Since this problem concerns the Law Enforcement and Pathways Com- nittees, Councilman Davey requested the Hayor to appoint members from these two Citizens Committees, as well as ,Council and Plan- ning Commission representative, in order to have some answer to this problem by the beginning of school in September. SCH%DULED IT3MS SCHOOL CHILDREN - ELIMINATION 07 BUSSES. (Item 1) The Mayor will appoint such a Committee and inform the Council in ACTION the near future. 2. The City Manager reported that the Resolution of Intent for SBdER Sewer Assessment District #2 was intended for this meeting, mowever, ASS3SSPENT there has been a delay in the placement of the sewers in the ground DIST. # 2 and therefore the City Engineer was unable to attest to this (Item 2) condition. Staff- was instructed to agenda this item for the next regular meet- ACTION ing, if the sewers are approved. 3. The City Attorney reported that a petition for proposed. Sawer PROPOSED Assessment District ,13 has been circulated and while 67% o:`. the SANITARY persons contacted have signed approval, tb¢ petition has not yet SS,7LR arrived at the 6� of the acreage involved. Of this date, however, DIST. !13 the Town has received a letter from the County of Santa Clara (Item 3) Health Department declaring a public health hazard and recocuaending as a necessary health measure that the Tovm of Los Altos Hills undertake proceedings pursuant to appropriate special assessment for such a sewer assessment district. The City Attorney further re- ported that if the Council wishes to dispense with the further tak- ing of signatures and waive furthex procedures under the 1931 Act, the Council could adopt pertinent resolutions, which he has prepared, and would accomplish in one evening that which would take six weeks by further petitioning. Engr. Nachtsheim submitted estimated cost summary for the severing of the Barron Creek Area as follows: Palo Alto Los Altos Local trunk and collection $ 1,210 $ 1,220 House laterals 350 350----- 200 Pumping 250 230 Connection EST. TOTAL GASH COST PER DWELLING $ 1,810 $ 2,000 -2- It was pointed out that the connection charge is oeing UegUL+u6eu SERER with Palo Alto at the present time. .1SSESSMSNT DIST. #3 (cont.) Discussion ensued as to the total ;acunt of money. to be paid over a 15 year period, but it was pointed out that even if a septic tank district were financed over a 15 year period there would still be interest charges. However, CouncilFuan Aiken requested that the in- terest charges be made clear, as well as the cash figure. City Engineer stated that competitive bidding would determine the interest rate, however, an approximate figure would be $10. monthly for amor- tization costs and interest on $1,200 over a 15 year period. In either event, a cash payment for house laterals and connection fees would be required. At the suggestion of Councilman Fowls, Mrs. E. C. Casey, 26646 Laurel Lane, made a presentation of the results of the petition for Sewer .%ssessment District 03, and presented a map showing the bound- aries of Arastradero, La Cresta, parts of Robleda and La Paloma. Charts indicated the following summary figures: Total Hoaaes: 311 - 20,1 contacted (66%) (137 or 6797 signed; 67 or 34% undecided or no) 107 not contacted (3451) Total I:creage 573 - Owners of -.19 acres contacted (73%) (Owners of 263 acres signed (63%) (Owners of 156 acres undecidedor no (3797) Owners of 154 acres not contacted (277.) Mrs. Casey stated she was glad to hear the Engineer's estimate was lower than they had been quoting. Councilman Fowls stated that he personally signed the petition as an interested property owner. Councilman Davey stated she does not reside in this basin, however, out of good will and approval signed the petition. Mrs. Casey said she appreciated Councilman Davey's gesture but that her name was taken off as being out of the district. Mayor asked for opposition to be heard. There were no comments in opposition, however, fir. T. H. Marshall, 25560 Altamont Road, asked I ow the slope density study will affect the undeveloped land within the proposed assessment district. The Mayor advised that the Engineer bases the assessment for each parcel on the actual benefit to each owner, taking into account the zoning and regulations of the Town. If the owner feels this amount is unfair, he may make a protest at the protest hearing. Councilman Fowle stated it would be his pleasure as a culmination of :aany years of effort to obtain sewers, as well as to expedite natters before the next rains, to move that the Council go forward with the resolutions prepared by the City Attorney. The City Attorney presented and read in its entirety, Resolution RESOLUTION Ido. 339, a resolution of the City Council of the Town of Los Altos 110. 397 Hills, to undertake proceedings pursuant to special assessment and assessment bond acts for the acquisition and construction of improve - rents without proceedings. under Division n of the Streets and Highways Code. - 3- The City Attorney explained the purpose of Res. No. 397 is to waive SERER further proceedings under the 1931 Act. ASSESSMENT DIST. #3 Motion by Fowle and Second by Davey, that Resolution No. 397 be (cont'd.) adopted as read. MOTION Messrs. E. Maynard, 26620 Purissima and R. B. Aufmuth, 263@3 Esperanza Drive, cosuaented on the assessment procedures: Councilman Aiken stated he was interested in obtaining the Engineer's detailed report, which a "yes" vote will cause to be made. The Question was called and unanimously passed by the following Roll VOTE Call Vote: Aiken, Benson, Davey, Fowle, Mayor Henley. Absent: None. The City Attorney presented and read in its entirety, Resolution No. RESOLUTIOiT 398, a resolution of the City Council of the Town of Los Altos Hills, Id0. 398 appointing Engineer and Attorney. Motion by Fowle, Second by Davey, to adopt Resolution No. 398 as MOTION read, was unanimously passed by the following Roll Call Vote: AND VOTE Aiken, Benson, Davey, Fowle, Mayor Henley. Absent: None. The City Attorney presented and read in its entirety, Resolution RESOLUTION No. 399, a resolution of the City Council of the Town of Los Altos I40. 399 Hills, of intention to acquire and construct improvements, Town of Los Altos Hills Sewer Assessment District No. 3. i•4iotion by Fowle and Second by Davey, to adopt Resolution Ido. 399 140TION as read, was unanimously passed by the following Roll Call Vote: AND VOTE Aiken, Benson, Davey, Fowle, Mayor Henley. Absent: None. At the request of the Council, the engineer will put forth his best efforts to submit a detailed report by July 17th meeting. In answer to a question from the Council, Mr. Wachtsheim indicated that although it would be difficult, seviers may be available by the rainy season. UNSCHEDULED 1. In the absence of Treasurer A. Alter, City Manager presented ITEMS the Treasurer's report. Mr. Morse pointed out that as of May 31st TREASURER'S there was a balance in excess of $132,000 in the General Reserve REPORT Fund and that the budget has been underexpanded overall by $63,000. (Item 1) 2. Regarding tllhe request of R. D. Clement (UP -280-67) for permis-. USE PERMIT sion to conduct riding school at existing boarding stable at CLEMENT, R. 27240 Altamont Road, the City Manager read action of the Planning (UP -280-.67) Commission and pointed out the use permit is needed to give riding (Item 2) instruction and that there is no requirement for a permit to op --r- ate a boarding stable or is the number of horses boarded limited. Commissioner Perkins referred to Planning Commission Minutes of June 12th and pointed out the split vote of the Commission. The Mayor asked for comments from the opposition. -4- Mr. L. A. Watkins, 27200 Altamont Road, spokesman for the opposition, stated he had circulated a petition objecting to the further expan- _ sion of the Clement stables, presently 6 stalls, in that it would lower property values, and referred to his resolution of May 21, U52 PBRMIT 1467. He requested the Council to form a study committee and that CLEMENT this matter be tabled, with a moratorium on stable permits being (cont'd.) established until ordinance No. 76 is studied and changed along the lines of his resolution (See Planning Co.uaission Minutes of June 12, 1967.) Mr. Ratkins was advised that under Ordinance No. 70 boarding stables do not require a permit, nor is the number of horses boarded limited and that this resolution was another subject which could not be legally applied to an owner of a boarding stable already in existence. It was explained that the issue before the Council is the application for a use permit to give riding instruction. Mr, fiatkins then suggested further restrictions, in addition to those required by the Planning Commission, if the permit were approved. i,r. Pram. Berg, 12200 Menalto Drive, commented on a change in zoning (explained by Council to be the Assessor's basis for valuation of property for tax purposes) and objected to the granting of this permit. Mr, R. D. Clement, applicant, was present and represented by his attorney, Mr„ Sam Whiting. A drawing of the proposed construction, stable addition, house; arena and landscaping was presented. Upon \-- exploration by the Council, Mr. Clement answered to the proposed restrictions by the Opposition.. He could and would comply with ample off-street parking, an adequate manure removal program, and that although his recuest for a five year period for the permit has been approved by the Planning Commission, he realizes the permit could be revoked at any time if all conditions are not net. Mr. Clement stated he could not comply with the other restrictions, i.e., limitation of horses since this would work a hardship, that there was no reason to scale down the addition since it will conform to the presently existing barn; and that at least 80% of thin- struction will be given to residents or Los Altos Hills. Mrs, L. Toth, 26644 Purissir.ia Road. and Mrs. 1. Goldsmith, 27330 Gleno. P,oad, spoke in favor of the use permit. Motion by Davey, Second by Povrle, that the request of R. D. MOTION Clenent (UP -230-67) for use permit to give riding instruction at private boarding stable be approved, subject to the conditions as outlined by the Planning Coruuission, and that the operation be limited to 41 horses, that there is ample off-street parking, and an adequa'.e manure removal program, Councilman Aiken questioned the effect the construction and grading will have on the drainage in this area and it was noted that t'ae 1.�.� requirement of the Planning Comaission for the submission of a site developnent plan before a building peaeit is issued will be the necessary control. -5- _ Councilman Benson moved that the Motion be amended to restrict the USE PERMIT the number of horses to 26 (2 per acre overall) as a compromise; CLEAGNT however, there was no Second, and the Motion was lost. (cont'd.) The Question was called and Motion was passed by a unanimous vote. VOTE At 10:25 P. N., the Mayor adjourned tae meeting for recess. ADJOURNMENT TO R2CESS & At 10:35 P. M., the Mayor reconvened the meeting. RE AWNED 3. Motion by Davey, Second by Benson, that the request of VARIAt NCE J. sd, Achittrick (V-231-67) for reduction of setback requirement NC KITTRICK to thirty-five (351) feet for cabana ann study be approved in (V-201-57) accordance with the recommendation of the Planning Commission, (Item 3) was passed unanimously, MOTION & vOT3 4. Regarding Tentative Map of H. E. Secrest (332-67), City Manager read recommendations of Planning Commission dated June 12, SUBDIVISIO1 1967, pointing out the Check List aid not require a dedication for OF LAND the future Lupine road extension and that there was no path - SBCREST requireme=nt. (332-67) City Manager read letter from City amgineer dated June 19, 1957 (Item n.) (received subsequent to the Commission meeting) requiring a half - street dedication of 30' along northerly side of Secrest parcel. Ers. A. Ginzton's (Vice -Chairman Pathways Committee) memo dated (�) 6/10/67 to Councilman Davey was read, recommending pathway require- ments for the Secrest Subdivision. In the absence of Mr. Secrest, Ars, H. Z. Secrest accepted tha path recommendation. Regarding the dedication, the City Attorney stated there are special cases where there is a plan line. Since the Lupine Plan Line affect only the five acres designated ''Not a Building Site-, the parcel will come before the Planning Commission at time of subdivision. There- fore, it was his opinion no dedication was necessary at this time. Notion by Davey, Second by Towle, that the Tentative Map of MOTION & H. E. Secrest (332-67) 2 lots, be approved in accordance with the VOTE Planning Commission's recomnendat ions, and subject to the path- ways recommendation as stated in Mrs. Ginzton's memorandum dated June 14, 1967, that no dedication be required at this tine, ane. that a Parcel Man be filed, was passed unanimously. 5. Councilman Davey reported'that the Special Meeting before this FROWAY Council meeting (see Minutes of Special Council Meeting dated LWDSCPE 6/1/67) covers the Freeway Landscape Project. It is new a matter COMMITTEE of the Staff of the Purissiva Hills County dater District and the REPORT Division of Highways to cone to a solution. Councilman Davey (Item 5) pointed out that the Council went on record as wanting the land- scaping as promised by the Division of Highways. !^1 �i 5, Mayor Henley presented and read in its entirety, Resolution RESOLUTION No. 400, as follows: HO. 400 BIR3:TAYS IT IS HEREBY TinSOLVED That the City Council commends PLlld the Santa Clara County Board of Supervisors for their HIKING & action in passing immediately the Bikeways Plan as RIDING proposed by the Santa Clara County Parks and Recreation TRAILS Commission on May 12, 1967; and, (Item 6) Reco�,,encs that similar action be taken by the Board of Supervisors as soon as possible to accept and imple-ient the Hiking and Riding Trails Proposals as presented by the Parks and Recreation Commission on June 5, 1967. Motion by Fowle, Second by /liken, that Resolution No. 400 be MOTION &. adopted as read, was passed by the following Roll Call Vote: VOTE Aiken, Benson, Davey, Fowle, Mayor Henley. Absent: None. The City Clark was instructed to transmit a certified copy to the Board of Supervisors. 7, The City Attorney advised an order from the Santa Clara BXT3NSI011 County Superior Court that an extension may be granted to Mr. TO PILE Ahitman by the Town, based on the assumption by the Judge that FINAL MAP the Town's sole objection was technical, will give the Council. 4RIT58?i adequate protection. (303-65) (Item 7) Motion by Davey, Second by Benson, that the request of James 'A, MOTION Uhitman (303-65) for an extension of six months to December 19, & VOTE 1967 to file Final Lop be approve@, was unanimously.passed. 3. In the absence of Chairman C. Walter$ Sewer Committea, Mr, S34ZR COM. 13, A. Breyman reported there will be a meeting June 20, 1967 to REPORT hear the final report of the Chairman and, if approved, will be (Item B) forwarded to the Council. g, The Mayor officially acceptedt,e resignation of Chairman of DR'. INAG,3 tea Drainage Committee, Jillian A, Perkins, and.extended the COMMITTEE appreciation of the Council for his excellent contribution. The P3PORT Mayor announced the appointment of three a:'.mitional members: Messrs. C. A. Bittman, W. W. Selover, and F, J, Jean, and that the chairmanship will be under Cir, Jean. Mr. Jean reported the Drainage Committee is exploring the possi- bility of preparing a question and answer fact sheet an& is request- ing the Council to male a declaration of intent as to whether or not the Town wishes to proceed on a basin to basin area within the Town or to approach the problem areas as a whole. The Mayor aske�!. the Council, if they agree to a Town -wide Drainage ACTIO4 Conmittee, to be prepared to submit names for a Committee no greater than seven at the July 6th meeting and noted that the Engineer's Town -wide drainage report will be avilable approximately July 1st. -7- It was Councilman Fowle's understanding that the localized committee j` for the Manuella Basin was a preliminary step because of an acute problem and that a Town -wide Drainage Committee would be appointed, DRaD % retaining the ideas and cooperation of the Sub -committee. COM. Councilman Davey proposed two names: Maj. (Ret.) A. Clark.., 27501 R3PORr Black Mountain Road, and Mr. L. A. Helgesson, 26925 St, 0ancis Dr. (cont'd.) 10. City Engineer had not'aing further to report. Ei9G.REPO71T 11. City Attorney reported that in regard to the Pellegrin ATTORNEY'S violation, there has been some improvement in the situation and REPORT there is no need to bring the natter to hearing, although the case is still on file. 12. City Manager reported: CITY MANAGW S a) At the last Planning Commission meeting, procedures for pre- QTPOPT liminary hearings and a revision of the Variance/Use Permit form were approved, and requested Council to direct the City Attorney to prepare an amendment to the ordinance. Council so instructed City Attorney. b) City Manager is in receipt of tentative police contract from County for 1967-63, however, certain requirements approved by the Council were left out of the law enforcement portion, and requested permission to have the County incorporate those items. Council gave such permission. c) MAPS Committee will make their report at next regular meeting of Council. d) City Manager brought to the attention of the Council that its next meeting will fall over the July nth weekend. Upon polling the Councilmen, the Mayor directed the City Clark that there will not be quorum for the regular meeting of July 3rd and that the meeting will be adjourned to Thursday, July 6, 1967 at the regular tine and place. e) City Manager announced the 69th Annual Conference of the League of California Cities to be held in San Trancisco on Oct. 15-18, 1967. f) City manager c,nnounced receipt of League of California Cities Legislative Bulletin pertaining to Unruh Gas 'Tax Bill AB 2454 approved by the Assembly. AB 2454 eliminates the matching require- ments of the Collier -Unruh Gas Tax Act (1963) and deletes excessive red -tape provisions of reporting on certain matters. Nrs. I. Goldsmith, 27330 Elena Road, suggested a possible solution PRESENTA- of a painted cattle guard ani/or painted picket fence to avoid a TIONS FROM hazardous condition for equestrians because of the slanted concrete THE FLOOR walls under the bases of the Freeway overpasses. Council suggested that equestrians dismount and wale: their horses through the under- pass. r4e;abars of the audience agreed and suggested inexpensive mounting blocks at each enc: of the underpasses. Mr. E. Toth, 26644 Purissirae. Road, requesteS his name be stricken from a "sewer tour" list, which he was put on without being notified, and for a condition which has since been taken care of. Mr. Toth also -8- C: JUANITA L. MORGAN City Clerk Town /oof%Los Altos Hills by 6/19/67 -9 F. N� I, Manzellhecretary it be recorded that he has a water drainage problem since the asked reconstruction of Purissima Road and would like something done NTA - about it. Council instructed Staff to investigate this matter. T ONSFROM Mrs. Donald Miller, 13076 Vista Del Valle Court, corunented in THE FLOOR to the bus situation in that the difficult areas of Tena (cont'd.) regard and Taaffe, and Magdalena, the children will continue to be bussed:. Mr. David Jansson, 27440 Sherlock Road, stated that contributions for the plaque will be accepted at the Town Hall. Anyone willing to donate $2.00 will honor the people who gave land and donations of time and material to make this Town possible. Contributions were accepted at the Council meeting. Mr. Jansson also suggested the Council appoint a committee to study slope density. It was the opinion of the Council twat the matter falls into the Planning Commission field of endeavor and properly is being studied by them. Mrs. E. Toth, 26644 Purissina Road, elaborated on her husband's regarding the sewer problem and wanted to make clear that comments she felt the cause of this trouble was the fault of the Town in allowing subdivision without strict follow-up. Mr. G. Maynard, 26620 Purissima Road, stated he personally objects to sewers and paying for a service he does not need. Council noted there would be a time and place for hearing protests. Resolution for accepting improvements in Pink arse Ranch Unit N1 PIN 140CH 185 will be presented at the July 6th meeting. City Attorney read the title of Ordinance No. 125, creating a Altos Hills 2nd Reading. ORD. #125 CREATING Land Acquisition Fund for the Town of Los AN. Motion by Fowles Second by Davey, waiving further reading of Votet FUND Ordinance No. 125, was passed by the following Roll Call S nd REREADING Aiken, Benson, Davey, FOWIe, Mayor Henley. Absent: None Motion by Fowles Second by Davey, that Ordinance No. 125 be MOTION & adopted as read, was passed by the followingRoll CallonOtet .Aiken, Benson, Davey, Fowles Mayor Henley. Absent. e.VOTE SEVEN THOUS AND SIX HUNDRED EIGHTY-NINE APPROVAL Bills, in the amount of Cents ($7,689.03), :'✓ere presented by Council- OF DOLLARS and Three Fowles Second by Davey, approving the bills VdARRaNTS man Fowle. Notion by City Clerk to draw the appropriate warrants, ane', authorizing the by the following Roll Call Vote:, Aileen MOTION & was passed unanimnusly Davey, Fowles Mayor Henley. Absent: None. Benson, was adjourned at ADJOUPZNMEN1 There being no further business, the meeting 11:45 P. M. TO: 1967, 5 TIn)C1' REGULAR ADJOURNED MELTING Towns Road,,Los Altos Hills. Hallsuly Fremonta NEXT REGULAR MEETING: Monday, July 3, 1967. RESPECTFULLY SUBMITTED, JUANITA L. MORGAN City Clerk Town /oof%Los Altos Hills by 6/19/67 -9 F. N� I, Manzellhecretary