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HomeMy WebLinkAbout07/11/1967t` CITY COUNCIL TOWN OF LOS ALTOS HILLS MINUTES OF A REGULAR ADJOURNED MEETING July 11, 1967 Mayor Albert I. Henley called the meeting to order at 7:54 P.M. in the Council Chambers, Town Hall, 26379 Fremont Road, Los Altos Hills, California. The following members were present: Councilmen Aiken, Benson, Davey, Fowle, Mayor Henley. Absent: None. Commissioner Don T. Hibner represented the Planning Commission. Minutes of the Regular Meeting of June 19, 1967 were unanimously APPROVAL approved as circulated upon Motion by Councilman Davey and Second OF by Councilman Benson. MINUTES Communication from W. J. MCKittrick, 12670 Viscaino Court, request- COMMUNI- ing the Council to consider the fact that there is no variance from CATIONS the swimming pool requirement in Fire Ordinance No. 105, Section (1) XXIII, Mayor directed the letter be referred to the Planning Con - mission for their recommendation. Communication from Arthur S, Alter, 24290 Elise Court, tendering his resignation as Town Treasurer of Los Altos Hills, effective July 17, (2) 1967. Mayor directed the City Manager to agenda this item for the JW 17th meeting. Communication from Mrs. Donald Hott, President of the Los Altos P.T.A. Council, 191 Pine Lane, Los Altos, dated June 20, 1967, regarding the (3) loss of school busses and asking for an increase of school crossing guards. Mayor said he would havean announcement on this matter. Memorandum dated June 23, 1967 from the Santa Clara County Housing Authority regarding the operation of County Housing Authority, was read by the City Manager. Deferred to the Jag 17th meeting for a report from the City Manager. City Manager announced the opening of the Junipero Serra Freeway on J&W 18, 1967 at 10:30 A. M., followed by a no -host luncheon at Foothill College. (4) ANNOUNCE- MENTS (1) With regard to the letter from Mrs. Hott, of the P..T.A., and the con- cern shown by Councilman Davey for the problem of the bus decision by (2) the Los Altos Elementary School Board, the Mayor announced the follow- ing appointments to the School Path Safety Committee: Mr. A. S. Corduan (Traffic Safety Committee), Councilman Mary C, Davey, Mrs. E. L. Ginzton (Pathways Committee), and Planning Commissioner Gertrude Sherlock. Councilman Davey announced there will be a meeting of this Committee on July 25th at the Town Hall at 8:00 P. M. and those citizens concerned would be welcome to attend. The Mayor announced a Town -wide Drainage Committee consisting of (3) Messrs. F. J. Jean, S. Case (members of the Regional Drainage Committee), and L. Helgesson and Clyde Shaw. Motion by Davey, Se,pnd by Benson, that the City Council of the Town RAID ALTO of Los Altos Hills is hereby on record as wishing to acquire the UNIFIED .� Purissima site belonging to the lands Of the Palo Alto Unified SCHOOL School District, and in addition, that the City Council hereby DISTRICT instructs the City Manager to negotiate with the Palo Alto School PROPERTY District for a reasonable price, was passed unanimously, Planning Commissioner A. H. Lachenbxuch orally presented a comprehen- PLANNING sive preliminary report of the slope density discussions held by the COMMISSION Planning. Commission. While agreeing, in principle, with the slope REPORT ON density regulation, but on the ground that it is an extremely complex SLOPE problem, it was the recommendation of the Planning Commission to DENSITY request the Council for professional technical assistance. The Mayor expressed the Council's appreciation to the Planning Con - mission for their study and concurred in the recommendation. The matter was deferred to a study session for further discussion. City Attorney reported that he was prepared to submit for Council SEWER consideration a resolution to undertake proceedings and a resolution ASSESSMENT of intent. The City Attorney reviewed the background of proposed DISTRICT District No. 2, explaining the resolution of intent is to declare NO. 2 the Council's intention in general terms and require the Engineer of Works, the City Engineer, to prepare a detailed engineering report and adoption by the Council would not bind it to go beyond, The City Attorney further stated the Council would then review the detailed report and proceed to set a Public Hearing for protests, with at least twenty days prior to that date for Council and concerned members of the district to review the report. In proposing a new policy on sewers, Councilman Aiken requested that the following statement o= his remarks be written into the record at this .point: ,Last meeting I remarked that I wanted to get the facts. I have =-^ent considerable time gathering all the facts I could, Now I feel that I was certainly misinformed and misled. I do not believe that the entire Town should be sewered because lower cost alternatives exist.,, Notion by Councilman Aiken, Second by Councilman Benson, that the Council adopt a new policy resolution establishing a new sewer policy for the Town of Los Altos Hills as follows: Be It Resolved by the City Council of tine Town of Los Altos Hills that it is the policy of the Town not to require Town -wide: sanitary sewers, and that solutions other than main- line sanitary sewers are preferred, and Be It Further Resolved that the Town authorize an 4ndepscdent engineering study in depth of sewage handling systems, a.:3 approve for use in the Town such systems, or com- bination of systems, as will treat sewage at least as well as a properly operating septic tank system, and Be It Further Resolved that the Council pass an ordinance regulating all sewage systems; such ordinance to pro- vide for the kind of .ystems alloar!ed, installation requirements and annual inspection; as:d Be it Further Resolved that to the extent it is inco ;sistent herewith, Posolution No, S85 is hereby rescinded. The Mayor state= he would have no objection to that portion of the Motion suggesting a study, but could not in conscience adopt this very i broad resolution, Councilnan Davey stated the Motion was premature, since this comes bofcre the Council has heard the final report of the Citizens Connittee Studying Sewers, who have worked diligently to pro- duce facts, -2- Councilman Benson agreed with Councilman Davey and Moved that the tSpwav foregoing Motion by Councilman Aiken be tabled until the results of ASSESSMENT the Sewer Committee report is forthcoming; however, the Mayor ruled DISTRICT that the Motion to table was out of order until the Seconder had NO. 2 1 his Second. Councilman Benson then withdrew his Second (cont'd.) withdrawn to the original Motion, Councilman Aiken offered to move the adoption of an amended resolution but was refused recognition by the Mayor for this purpose on the ground that Councilman Aiken did not have the Floor to make his Motion and that Councilman Benson retained the Floor for the purpose of making his Motion to table. Councilman Aiken protested the ruling.. Councilman Aiken then requested Councilman Benson to yield the Floor to him, which Councilman Benson did. The Mayor stated he would now receive Councilman Aiken's Motion. Moved by Councilman Aiken, Second by Councilman Benson that it be resolved by the City Council of the Town of Los Altos Hills that it is the policy of the Town to table all action on sewers at this time; and be it further resolved that during this time that the Town authorize an independent engineering study in deoth of sewage handling systems; and when the results are available from the engineering firm, approve for use in the. Town such systems or combination of systems as will treat sewage properly as a result of this study; and be it further resolved that to the .extent it is inconsistent herewith Resolution No. 365 is hereby rescinded. Councilman Fowle agreed to further technical assistance to compliment the Citizens Sewer Report, but made a ,--,int of order that the subject under discussion is Sewer Assessment District No. 2, which is a special situation and not germaine to the overall policy of the Town. Councilman Fowle urged the Council to adopt the resolutions prepared by the City Attorney for District No,. 2 and pointed out this was not in defiance of Councilman Aiken's proposal, as portions of his resolution were good. The Question was called by a Roll Call Vote: Ayes: Aikehj Benson. Noes: Davey, Fowled Mayor Henley. Absent: None. The Motion was defeated. Discussion followed as to the intent of Resolution No. 365, a Resolu- tion requesting that the County Health Officer of Santa Clara County and ex officio Health Officer of the Town of Los Altos Hills recommend proceedings underappropriate special assessment and assessment bond acts or other appropriate proceedings for the construction of a sanitary sewrragc system and appurtenance, as necessary as a health measure; and that this Resolution could be rescinded since it was not the intent of the Council to make sewers available in the sense that they are in the ground but that it be the policy of the Council to have then materially available when and if people need sewers, and, then they can be brought about. Tl;a Mayor asked for a substitute Motion from Councilman Aiken and Councilman Fowle, which could bring the Council into agreement. Motion by Councilman Aiken, Second by Councilman Fowle; that Resolution No. 365 be rescinded in its entirety, was unanimously passed by a Roll I Call Vote. Motion by Councilman Aiken., Second by Councilman Fowle, that the Town SEWER authorize an independent engineering study in depth of sewage handl- ASSESSMENT ing•Sys terns, to include main sewage trunk lines, collection systems, DISTRICT etc/ and all other alternatdves; that the City Manager proceed NO. 2 immediately to find which engineering firms might best accomplish (cont'd.) this, to obtain costs And the length of time required for such a report; and, that this is a matter of urgency, was passed unanimously by a Roll Call Vote. Motion by Fowle, Second by Davey, that the Council proceed with the adoption of the resolutions. for Assessment District No. 2 as prepared by the City Attorney. Councilman Aiken requested that the following summary of his remarks be vixitten into the record at this point: "My objection to this particular assessment district is based on the fact that people are being forced into an assessment district they dont't want to be in. As far as I have been able to ascertain, no septic tank systems in this area are in trouble. I am convinced that alternate methods to sewers are available. Local treatment plants are available at reasonable cost for subdivisions which have in -tract laterals, if they want them. I will not vote to force residents into the cost of sewers when they are not necessary." Mayor Henley pointed out these procedures would only bring the Council a report in order to make a decision. The following residents strcnzxusly commented in opposition to the Motion to proceed with Sewer Assessment District No. 2 and sewers on a town - wide basis: Thomas H. Marshall, 25560 Altamont Road G, E. Ferrari, 25791 Moody Road Mrs. E. Toth, 26644 Purissima Road Mrs, H. Moeller, 11990 Page Mill Road Mrs. S. Anderson, 13051 La Paloma Road The following citizens spoke vigorously in favor of the Motion to proceed with Sewer Assessment District No. 2.- Mr. ; Mr. Louis L. Corbetta, 12500 Corbetta Lane, Los Altos Hills Mr. Franc Saul, developer The following citizens spoke on the overall sewer issue: J. G. Weisman, 12119 Foothill Lane Mrs.. R..Towle, 26093 Weston Road S. Rubin, 25800 Vinedo Lane Mrs. P. M. Borg, 13452 Carillo Lane Councilman Aikenindicated that it was his understanding that there is a State law requiring sewer connection if within 200' of a sanitary sewer line. Mr. E. Pearl, of the Santa Clara County Health Department, stated that to his knowledge there was no such law, except possibly for local ordinances. In this regard, Councilman Fowle indicated that �- to his recollection the Town has an ordinance requiring connection if within 200 feet of a sewer line adopted right after the incorporation of the Town and could be reconsidered. -4- Councilman Fowle suggested the City Engineer review the zone of SEWER benefit since it is the wish of the Council to keep the district ASSESSMENT fair and equitable, The Mayor assured the protestors that all DISTRICT protests will be fairly heard and considered at the Protest meeting. NO, 2 (cont'd.) The City Attorney presented and read in its entirety Resolution No. 402, a resolution determining to undertake proceedings pursuant to special assessment and assessment bond acts for the acquisition and construction of inprovements without proceedings under Division 4 of the Streets and Highways Code - Sewer Assessment District No. 2. The Question was called by a Roll Call Vote: .Ayes: Davey, Powle, Mayor Henley. Noes: Aiken, Benson. Absent: None. Motion was defeated since a 4/5th vote of the Council was required. City Attorney advised that the procedures now will take the form of a - rev -used engineering report, as well as an additional public hearing. The Mayor directed that the presentation of the proposed sewer service contract with the City of Palo Alto be taken out of order -sm the Agenda because of the large number of interested citizens present, City [Manager read letters protesting the consumation of the proposed service contract and opposing sewers in the Town from the following residents: Preston Burchard, 2285 PageMillRoad Stanley Grabowski, 25660 La Lanne Court George Pfeiffer, III, 26970 Orchard Hill Lane D-, & Mrs. K, L. DeHaven, 24915 La Loma Court Mrs„ T. L. Smith, 26885 Ortega Drive - In regard to Mrs. Smith's letter, the Mayor asked if Mrs. Smith were present. Since she wan not, the Mayor stated that her reference to "conflict of interest" must be clarified or withdrawn. The Mayor stated there is no conflict of interest; that if there were, it would be known to the Council and rectified. He rejects the sugges- tion entirely. Wm. Closson, Jr. M. D,) 11020 Magdalena Road Robert L, ?addock, M. D„ Los Altos Hills (285 South Drive, Mt. View) M. J. Sihitelaw, M.. D. 10475 Albertsworth Lane J. P. Carson, 1'4, D„ 2120 Page Mill Road E, J, Beaver, 14. D., 13333 La Cresta Drive Geo. F. Solomon. M, D., 26871 Moody Road Mrs, Hans Moeller, 11990 Page brill Road (letter received after Agenda closing but read at Mrs, Moeller's request during the meeting) Gordon S. Pulford, M, D,, 25852 Westwind. Way PROPOSED S3WER SERVICE CONTRACT WITH CITY OF PALO ALTO The City Manager summarized the provisions of the proposed contract between theTownof Los Altos Hills and the City of Palo Alto. This contract is on file at the Town Hall. City Manager projected on the viewing screen two alternate methods for payment for this service over a five year period. Alternate schedules #1 and #2 are on file at the Town Hall. -5- C) The Mayor requested that the discussion be limited to the pros and PROPOSED cons of the contract and not whether sewers are wanted., SE4ER SERVICE Discussion followed that the intent is to place the burden of the CONTRACT Palo Foto contract on Sewer Assessment District #3, with the -WITH possibility of District #5 coming in, assuming that these are CITY OF formed. As to the signing of the contract, it must await formation PALO ALTO of District #3 or should be signed conditional to the formation (cont'd.) of Districts #3 and #5, and by the same token, the District must await the signing of the contract. City Manager indicated that in addition to the proposed Districts #2 and #3, petitions are being circulated by the residents for the area on La Create (adjacent to #3), Fremont and Burke area, Sumner-_ hill and Hilltop area, and the Page Mill area. Motion by Fowle and Second by Davey, that the natter of the Palo Alto contract be continued and refer it specifically to the Sewer Cocnaittee, asking then for a supplementary report on Xhe contract alone, independently of whether they favor sewers or not... Councilman Aiken voiced objections to the contract and offered a substitute Motion, Second by Councilman Benson, that the contract be tabled until the results of the engineering study are in. Councilmen Davey and Fowle objected to this procedure since there was no knowledge of the time required for such a study., The Mayor called for a vote on the substitute Motion first: Roll Call Vote: Ayes:. Aiken, Benson. Noes: Davey,- Fowle, Mayor Henley. Absent: None. Motion to table contract was defeated., Pair. Stanley W. Corbett, III, 26440 Anacapa Drive,representing the Homeowners for Responsible Action, made a presentation as requested in his latter of July 5, 1967, and stated this group was formed to evaluate the facts on sewage disposal problems as they relate to the Town. Mr. Corbett presented illustrations of a private septic system and comparative costs of sewers and septic tanks, and submitted as a matter of record to the Council a petition with 330 signatures recommending the Council to 1) reject assessment districts, 2) refuse to executc- the Palo Alto contract, and 3) resolve to control sewage within the Town. (As of July 15th, this petition has not been filed in the Office at the Town Hall for record.) The following citizens spoke in opposition to the contract, assessment districts and sewers in general: Preston Burchard, 2285 Page mill Road Firs. S. Anderson, 13051 La Palona Road S. Rubin, 25600 Vinedo Lane G. Ferrari, 25791 Moody Road Mr. and Mrs. R. Towle, 26493 'Weston Road Mrs. E. Toth, 26644 Purissina Road Mrs. D. Spencer, 27490 Sherlock Road Mrs, R. L. Jones, 10791 Magdalena Road Mrs. P. M. Borg, 13452 Carillo Lane Mrs. H. Moeller, 11990 Page Mill Road mr. T. H. Marshall, 25560 Altamont Road -6- r) �- I The following citizens spoke in favor of the contract and sewer assessment districts #3 and X5: Lee J. Kubby, 26756 Palo Hills Drive Martin Katz, 26850 Ortega Drive Frani: Saul, developer During the discussion favoring the contract, Council was informed that in reviewing the cost schedules shown tonight and in view of a recent citizens' poll for sewers, that it is entirely likely that District #3 could bear the cost of the contract. Aliso the Council was informed of the desire of proposed District #5 to join with this District to share the costs. Councilman Davey urged that this matter of the contract be continued to the July 17th meeting, in accordance with the Motion now before the Council. Mr. E. A. Breyman, of the sewer Committee, reported that the Committee's Chairman, Mr. Charles Walter, is on vacation and is not due back until the 16th, but that he would do his best to assemble the Committee to ready the reports requested by the Council. The Question was called by a Roll Call Vote: Ayes: Davey, Fowle, Mayor Henley. Noes: Aiken, Benson. Absent: None. PROPOSED SEWER SERVICE CONTRACT v4ITH CITY OF PALO ALTO (cont'd.) Councilnan Aiken stated he voted No because }ie believed the sewer report would not be ready. At 1:00 A. M., the Mayor adjourned the meeting for recess. RECESS At 1:10 A. N the meeting was reconvened. Councilman Aiken was RECONVEtc excused at MO A. M. The appeal of Anderson, Hillier & Saul (V-282-67) was withdrawn APPEAL OF at the request of the applicant. ANDERSON, HILLIER & SAUL Motion by Fowle, Second by Davey, that the appeal of David WHF2LESS Wheeless (V-283-67) be granted, was passed unanimously. APPEAL Due to the late hour, the discussion on Regional Government REGIONAL was daferred to the meeting of JM4r17th. GOVERNMENT In the absence of Chairman A. E. Corduan, City Manager referred REPORT OF to the Law Enforcement Committee's Minutes of June 27th and that LA47 21FORC" their recommendations will be taken up with the new Committee MCNT COM, for School Path Safety. ' The City Engineer and City Attorney had nothing further to report, STAFF The City Manager read letter from Mx. H. S. Clay, 222 Fulton Street, REPORTS Palo Alto, who will be building on La Cresta Drive, requesting to be allowed in Sewer Assessment District ##3. Motion by Fowle, Second by Davey, that this letter be referred to the City Engineer, was passed unanimously. City Manager reported that the request of the Tree Committee fox transfer of funds has been resolved, with the approval of Mr. P, Burchard. No transfer of funds will be necessary. -7- Mr, H.-�ewardj 27561 Altamont Road, requesting clarification and ` 1 approval to re -submit nap for building site approval of Lot #13, Hillcrest Unit 03, in view of the slope density moratorium-. Mr. Seward was advised by the Council that he may submit naps. Resolution No. 401, a resolution of the City Council of the Town of Los Altos Hills relating to truck traffic on Interstate 280, was read in its entirety by the City Attorney. Motion by Davey, Fecond by Fowle, that Resolution No. �101 be adopted as read, was passed unanimously by a Roll Call Vote: Ayes: Benson, Davey, Fowle, Mayor Henley. Noes: None. Absent: Aiken. Resolution No. 402, a resolution of the City Council of the Town of Los Altos Hills accepting improvements in Pink Horse Ranch, Unit #1, was read in its entirety by the City Attorney. Motion by Powle, Second by Davey, that Resolution No.' 402 be adoptedas read, was passed unanimously by a Roll Call Vote: Ayes: Benson, Davey, Fowle, Mayor Henley. Noes: None. Absent: Aiken. BILLS, in the amount of T'o7ENTY-SIX .THOUSAND TWO HUNDRED FORTY-NINE DOLLARS and Seventy-two Cents ($26,249.72) were presented by Councilman FOwle. Motion byCouncilmanFowle, 'econd by Councilman Davey, approving the bills and authorizing the City Clerk to draw the appropriate warrants, was passed unanimously by the following Roll Call Vote: Benson, Davey, Fowle, Mayor Henley. Noes: None. Absent: Aiken. There being no further business,the meeting adjourned at 1:25 A, M, to: EXL'CUTIVE SESSION - Discussion of Personnel. NEXT REGULAR MEETING: 140nday, July 17, 1'J67 at 7:45 P. M. at the Town Hall. 7/11/67 -8- Respectfully submitted, JUANITA L. MORGAN, City Clerk Town of Los kltos Hills by F. M, P7unz¢ , Secretasy