HomeMy WebLinkAbout11/20/1967CITY COUNCIL
TOWN OF LOS ALTOS HILLS
MINUTES OF A REGULAR MEETING
November 20, 1967
REEL 2, SIDE 1, TRACK 2 - FOOTAGE 00-1391
REEL 2, SIDE 2, TRACK 3 - FOOTAGE DO- 528
Mayor Albert T. Henley called the Regular Meeting of the City Council of the
Town of Los Altos Hills to order at 7:53 P. M. in the Council Chambers of the
Town Hall, 26379 Fremont Road, Los Altos Hills, with the following members
answering Roll Call: Present: Councilmen Aiken, Benson, Davey, Fowle and
Mayor Henley. Absent: None.
The Planning Commission was represented by Commissioner A. H. Lachenbruch.
APPROVAL OF MINUTES: November 6. 1967.
Councilman Davey requested an amendment be added regarding Councilman REEL 2
Aikens figures on Page 2, Scheduled Item #1, Presentation of Metcalf SIDE 1
& Eddy Report, based on a letter received from Metcalf & Eddy, Engin- TRACK 2
eers, which reviewed Councilman Aiken's Chart of Relative Total Costs 00
of Sewer Disposal Systems. Councilman Aiken defended his figures.
The Mayor stated a correction was not in order since the Minutes accurately
reflect Councilman Aiken's remarks insofar it was the statement he made,
but that counter remarks could be incorporated in the Minutes under "Other
Business by Councilmen".
MOTION, SECONDED AND CARRIED: Councilman Benson moved, seconded by
Councilman Aiken, that the Minutes of November 6, 1967 be approved as
submitted, was carried by a majority voice vote, Councilman Davey opposed
and Councilman Fowle abstaining.
COMMUNICATIONS: REEL 2
SIDE 1
The. following communications were read by the City Manager: TRACK 2
1. Letter dated November 13, 1967 from League of California Cities 35
regarding appointments of city officials to the 1968 League Committees.
The Mayor directed the City Manager to agenda this item for the December 4th
meeting.
2. Letter dated November 8, 1967 from Joseph A. Parise, 26875 Elena 37
Road, alleging authorized violations of city ordinances.
3. Letter dated November 7, 1967 from Marsh K. Eckhardt, 10955 Magdalena 40
Road, advising of a chemical in the air which deteriorates the finish on
cars and boats, and requesting the Council's assistance in eliminating
this substance at its source.
!�/'� The matter was referred to the City Manager.
COMMUNICATIONS Cont'd.:
4. Letter dated November 11, 1967 from Vanderveer Voorhees, 12710 E1 55
Monte Road, urging that the matter of slope density be left to the
- property owners without any change in the acre zoning requirement.
5. Letter dated November 11, 1967. from Teen Research, Inc., 565 63
Marylinn Drive, Milpitas, requesting Council endorsement of an
astronomical facility in the Levin (County) Park.
The Mayor instructed the City Manager to agenda this item for ten
minutes at the December 4th meeting.
6. Letter dated November 9, 1967 from The American Institute of 74
Architects, extending an invitation to the Awards Banquet on Thursday,
December 7, 1967, Palo Alto Hills Golf and Country Club, 3000 Alexis
Drive, Palo Alto.
7. Letter dated November 15, 1967 from CDR Joseph W. Dochnahl, USii Ret., 80
27980 Central Drive, opposing sewering of the entire Town.
8. Letter dated November 10, 1967 from Frank W. Saul, P. O. Box 871, 86
pledging 34 lots within Page Mill Estates for the formation of assess-
ment district No. 5.
9. Letter received November 20, 1967 from Mary Frances Gould, 27861 115
Black Mountain Road, opposing a sewer district in her area.
ANNOUNCEMENTS:
1. City Manager announced the quarterly meeting of the League of 121
California Cities on Thursday, November 30, 1967, dinner at 7:30 P. M.,
at Sabella's Restaurant, Fisherman's Wharf, San Francisco.
2. City Manager announced the Special Holiday Dinner -Dance, wives and 124
husbands invited, of the Inter -City Council, to be held on Thursday,
December 7, 1967 at the Officer's Club, Moffett Field. Mayor's Meeting
at 6:30 P. M., dinner at 8:00 P. M.
3. The Mayor announced that Clayton J. Smith, Assistant to the City 128
Manager and Building Inspector, has been awarded a Certificate in
Municipal Management from the University of Santa Clara. The Mayor
congratulated Mr. Smith and presented him with the plaque.
Scheduled Items.-
1.
tems:1. PRESENTATION OF HOMEOWNERS FOR RESPONSIBLE ACTION AND OTHER INTERESTED
GROUPS OF INDIVIDUALS RE: ACTION TO SET PUBLIC HEARING ON SEWER REEL 2
ASSESSMENT DISTRICT N0. 2. SIDE 1
TRACK 2
The following representatives of the Homeowners for Responsible Action 131
spoke in opposition to Sewer Assessment District No. 2:
Thomas W. Marshall, 25560 Altamont Road
( Bill W. Marsh, 25541 Altamont Road
`Jl Preston W. Burchard, 2285 Page Mill Road
Gerald Fe 7,i i (spoke as citizen and property owner) 25791 Moody Road
1 -2-
Scheduled Item No. 1 cont'd.:
The following residents spoke in favor of Sewer Assessment District No. 2:
Louis P. Corbetta, 12500 Corbetta Lane
Dr. M. Shibuya, 1`005 Holiingsworth Drive, MSuntain View
The following residents spoke in favor of sewers:
William T. Samuels, 10800 Magdalena Road
Lee Kubby, 26756 Palo Hills Drive
The following citizens spoke to the issue of the septic tank/sewer situation:
R. A. Oliver, representing Mt. Helen Children's Hone, 101 Alma St., PA
James Bell, 27421 Sherlock Road
Henry Seward, 27561 Altamont Road _
At the request of the Mayor, the City Attorney explained that the Resolu- 585
tion of Intention to form Sewer Assessment District #2 would only ask the
Engineer for an overall report on which to form a basis for the Council
to make a decision as to whether or not to proceed. He stressed adoption
of the resolution would not obligate the Council to proceed.
City Manager read the following letters.:
1) Letter dated November 13, 1967 from Leighton M. Bledsoe, 25525 Moody
Road, requesting the Council to drop any further consideration of Sewer
Assessment District No. 2 and embark on a city-wide plan to handle all
future needs of the residents.
2) Letter received November 16, 1967 from Mr, and Mrs. George D. Nissen,
25600 Elena Road, placing the blame for the current sewer situation with
the Council.
3) Letter dated November 19, 1967 from Thomas P. McReynolds, 2604.5 Moody
Road, posing several questions regarding Sewer Assessment District No. 2.
MOTION AND SECOND: Councilman Benson moved, seconded by Councilman Aiken,
to terminate all proceedings on Sewer Assessment District No. 2; if the
developers in this area want sewers for themselves, they may return with
a district that includes their property and that property of those who
want to be included.
Council discussion followed.
MOTION LOST: The Motion to terminate proceedings was lost by the following
voice vote: Ayes: Councilmen Aiken, Benson. Noes: Councilmen Davey,
Fowle, Mayor Henley.
Scheduled Item No. 2.
2. CONSIDERATION OF RESOLUTION OF INTENTION TO FORM SEWER ASSESSMENT REEL 2
DISTRICT NO. 2. SIDE 1
City Attornay introduced and read in its entirety Resolution 1110. 413, TRACK 2
a resolution of the City Council of the Town of Los Altos Hills of in- 755
tention to require and construct improvements, Sewer Assessment District No. 2.
MOTION, SECONDED AND CARRIED: Councilman Davey moved, seconded by
Councilman Fowle, that Resolution No. 413 be adopted as read, was carried
by the following majority roll call vote: Ayes: Councilmen Davey, Fowle,
Mayor Henley. Noes: Councilmen Aiken, Benson. Absent: None.
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At 10:04 P, M., the Mayor adjourned the meeting for recess. 809
At 10:15 P. M., the Mayor reconvened the meeting.
Scheduled Item No. 3.
3. CONSIDERATION OF ORDINANCE RE: SEWAGE DISPOSAL. RSEL 2
SIDE 1
City Manager read the following letters pertinent to Scheduled Item #3: TRACK 2
1) Letter dated November 14, 1967 from the Regional Water Quality 610
Control Board, 364 Fourteenth Street, Oakland, indicating their position
should the Town of Los Altos Hills desire to take over the administration
of its win individual sewage disposal program.
2) Letter dated November 20, 1967 from Preston Burchard, Chairman, Home-
owners for Responsible Action, disavowing any connection with the sewage
disposal ordinance as revised by the County Health Department.
City Manager announced that Dr. Emanuel H. Pearl and Dr. Mary Riggs,
Santa Clara County Health Department, were present to review the ordinance
as revised by the Department.
Dr, Pearl reviewed the revised proposed sewage disposal ordinance, the
Metcalf & Eddv conclusions and reiterated the position of the Health De-
partment, prefacing his remarks that this revision was a rough draft only
and not ready for a first reading.
MOTION AND ScCONDED: Councilman Aiken moved, seconded by Councilman Benson,
that the proposed sewage disposal ordinance be sent back to Staff for
more work with the Health Dcaartment, with the hope that it will come out
more in line with the original intent and still satisfy the requirements
of the Health Department, and that a first reading of the ordinance be
postponed tonight and agendaed for the December 4th meeting.
Councilman Aileen offered to meet with the Health Department and Staff..
The Mayor suggested, and Council concurred, that after the referral as
moved by Councilman Aiken, that a study session be held at which time the
matter could be discussed fully as a Council.
MOTION CARRIED: The Motion to refer to Staff was carried unanimously by
voice vote.
Scheduled Item 4.
4. COF]SIDFRATION OF O.RDINANCE IMPOSING REAL ESTATE TRANSFER TAX. REEL 2
SIDE 1
City Attorney introduced and read in its entirety Ordinance No. 132,. TRACK 2
an ordinance of the City Council of the Town of Los Altos Hills im- 1060
posing a documentary stamp tar, on the sale of real property.
MOTION, SECONDED AND CARRIED: Councilman Davey moved, seconded by
Councilman Benson, that Ordinance No. 132 be adopted as read, was
carried unanimously by the following roll call vote: Ayes: Councilmen
Aiken, Benson, Davey, Fewle, Mayor Henley. Noes: None. Absent: None.
This Ordinance becomes effective immediately.
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Scheduled Item 5.
S. REPORT AND POSSIBLE ACTION RE: BYRNE PROPERTY ACQUISITION.
RCEL 2
Road. Engr. C. L. Coburn.
SIDE 1
This matter was deferred to the December 4th meeting, since the re-
TRACK 2
quired information had not been received.
1131
Scheduled Item 6. -
6. CONSIDERATION OF POLICY RESOLUTION PROPOSED BY HOMEOWNERS FOR
REEL 2
RESPONSIBLE ACTION.
SIDE 1
At 11:15, the Mayor adjourned the meeting so that the recording tape
TRACK 2
MOTION AND SECOND: Councilman Benson moved, seconded by Councilman
1133
Aiken, that no developer shall be allowed to install in -track improve-
REEL 2
mgnts without prior legal establishment of all external services per-
SIDE 2
tinent to completion of the subdivision.
TRACK 3
Council discussion followed as to intent of the motion and as to how
00
the legality could be established. Councilman Benson then suggested
he work with the City Attorney to clarify the Motion.
MOTION AND SECOND JITHDRAWN BY COUNCILD-N BENSON AND AIKEN.
The Mayor directed that Councilman Benson confer with the City Attorney
and that the matter be agendaed for the December 4th meeting.
Unscheduled Items:
1. MARTINELLZ FRANK L. SR. (334-67) Tentative Map of 4 lots, Moody
REEL 2
Road. Engr. C. L. Coburn.
SIDE 1
TRACT. 2
Mr. Martinelli's engineer, Mr. C. L. Coburn, and his representative,
1170
Mr. D. Carr, reviewed the background of the subdivision and requested
approval of the four lot subdivision as submitted, but with septic tanks
until a sewer assessment district is formed.
At 11:15, the Mayor adjourned the meeting so that the recording tape
1391
could be changed. At 11:16 P. M., the Mayor reconvened the meeting.
Council discussion followed on the Health Departnent's requirement of
REEL 2
sewers and, because of the steepness of the land, the possibility of
SIDE 2
a three -lot subdivision.
TRACK 3
00
MOTION: Councilman Davey moved approval of the Tentative Map of Frank
L. Martinelli, Sr., 4 lots, subject to the acceptance of the agencies
as is normally done with all subdivisions.
MOTION WAS LOST FOR LACK OF A SECOND.
Mr. Carr introduced a geologist, commissioned by the applicant, who re-
ported he could see no pajor geological hazards that could not be handled
by a soils engineer.
MOTION AND SECONDED: Councilman Aiken moved, seconded by Councilman Benson,
that the Tentative Map of Frank L. Martinelli Sr. (334-67) 4 lots, be
rejected.
Councilman Aileen stated for the record, and inserted without objection,
"It is my opinion there are not four adequate building sites on this
property.,,
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Martinelli cont'd.:
Oral testimony was heard from Mr. D. Jansson on the subject of slope
density and from Mrs. D. Spencer, Mr. G. Ferrari and Mr. N. Deckert re-
garding the requirement of sewers in this subdivision.
MOTION CARRIED: The motion to reject the map was carried by a majority
voice vote, Councilman Davey opposed.
Following Council discussion, the Mayor stated the Martinelli map is
rejected without prejudice and the intent of the Motion is that the map
be returned to the Planning Commission for further review.
Unscheduled Item No. 2.
2. APPOLD, N. C. (B-293-67) - Reduction of side setback requirement to
20' for carport with deck above at 26645 Laurel Lane.
MOTION, SECONDED AND CARRIED: Councilman Fcwle moved, seconded by
Councilman Benson, and carried unanimously by voice vote, that the
request of YJ. C. Appold (V-293-67) be approved as recommended by the
Planning Conaaission.
Unscheduled Item No. 3.
3. DECKERT 4ALLACE H. (BSA -36-67) 1 lot, 6+ acres, off Moody Road.
This natter was deferred to the December 4th meeting, since all agency
recommendations were not received.
REEL 2
SIDE 2
TRACK 3
244
R22L 2
SIDS 2
TRACK 3
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Unscheduled Item No. d.
4. PLANNING COMMISSION RECOMI13NDATION RE. COUNTY RESOLUTION R3GARDING REEL 2
LAND USES REQUIRING PUBLIC UTILITIES AND FACILITIES. SIDE 2
TRACK 3
MOTION, SECONDED AND CARRIED: Councilman Davey moved, seconded by 247
Councilman Benson, that the City Council of the Town of Los Altos Hills
indicate to the County of Santa Clara their approval and support of the
Resolution of the Board of Supervisors regarding Land Uses requiring
Public Utilities and Facilities, was carried by a majority voice vote,
Councilman Aiken and Mayor Henley opposed.
Unscheduled Item No. 5.
5. PR3SEI4TATION OF ORDINANCE REGULATING SITE DEVELOPMENT AND GRADING. 204
This ordinance was deferred to the December 4th meeting.
Unscheduled Item No. 6-
6. OLIVER, RICHARD - Ra_quest to Construct Road to New Standards. REEL 2
SIDE 2
MOTION, SZC014DZD AND CARRIED: Councilman Davey moved, seconded by TRACK 3
Councilman Fowle, that Mr. Richard Oliver be allowed to construct 207
II the required improvements per the present Town Standards, subject
\.1 to the bonding Company, was carried unanimously by voice vote.
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Unscheduled Item No. 7.
7. JOHNSON, M. R. - Request for Extension of Time to File Tentative ifiap.REEL 2
t l City Manager reported he had received a telephone call from Mr. J. 0. SIDE 2
Delles requesting that the extension not be granted and that the map TRACK 3
be resubmitted to the Planning Commission. 307
City Manager read letter dated November 15, 1967 from Mr. M. R.
Johnson, giving his reasons for the extension requested.
MOTION, SECONDED A14D CARRIED: Councilman Davey moved, seconded by
Councilman Fowle, that Mr. M. R. Johnson be allowed a six (6) months
extension of tine to June 26, 1968, before any action on the part of
this map, was carried by a majority voice vote, Councilman Benson opposed.
Unscheduled Item No. B.
8. STAFF REPORT RE ABANDONMENT OF RESERVE FOR FUTURE STREET WIDENING REEL 2
Oil FREMONT ROAD. SIDE 2
TRACK 3
This matter was deferred to the December Ath meeting. 36EL
Unscheduled Items 9, 10 and 11.
STAFF REPORTS:
9, City Attorney - None.
10. City Engineer - None.
11. City Manager.
1) City Manager requested the authority to continue as in the past the 367
practice of closing the Town Hall on the Friday following Thanksgiving.
MOTION, SECONDED AND CARRIED: Councilman Davey moved, seconded by
Councilman Aiken, that the day after Thanksgiving shall be declared a
holiday, was carried unanimmously by voice vote.
2) City Manager reported that no further donations had been received for
the Town Hall Plaque, but that Town funds were available.
Following Council discussion, the Mayor directed the City Manager to
obtain bids on a plaque one-third of the original size and wording, and
report to the Council.
3) City Manager submitted copies of an Ombudsman Ordinance, which provides
for the appointment of an independent high level officer to receive
citizens complaints, pursue the matters involved, and make recommendations
for suitable action.
Council concurred to take this ordinance under advisement.
4) City Hanager submitted.for Council consideration "Mountain Residential
Holding :.one", authorizing cities to pro -zone areas which may be annexed.
�I City Manager will advise the Council on this at a later date.
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WARRANTS: RERL 2.
SIDE 2
' MOTION, SECONDED AND CARRIED. Councilman Fowle moved,. seconded by TRACK 3
Councilman Benson,that the Bills as presented in the amount of FIVE 530
THOUSAND SEVEN HUNDRED AND FIVE DOLLARS and Seventy-five Cents ($5,705.75)
be approved and the :City Clerk authorized to draw the appropriate
warrants, was carried unanimously by roll call vote: Ayes: Councilmen
Aiken, Benson, Davey, Fowle.,, Mayor Henley. Noes: None. Absent: None.
OTHER BUSINESS BY COUNCILMEN: REEL 2
SIDE 2
1. Insertion of data to Council Minutes of November 6, 1967 by TRACK 3
Councilmen Aiken and Davey. 513
Pertaining to the Minutes of November 6, 1967, P. 2, Scheduled Item #1,
Presentation of Metcalf & Eddy Report, Councilman Davey requested, without
objection from Council,. insertion of the following excerptfrom letter
dated November 15, 1967 iron Metcalf & 3ddy, Engineers:
The cost figures (o£ Councilman Ail en's) are based on cost figures from
various tables of the Metcalf & Eddy report dated October 1967, but are
presented in a different manner.
We believe that the cost figures in the "Chart" were derived as follows:
1. Present System
Yearly Maint. Al: From M & E Table 3, Operation and Maintenance,
Total Yearly Cost $•11.
2. Upgraded System
Cash 500 - 1000: From M & E Table 3,. Initial Costs, Upgrade
existing system, Present Borth, Working System $500, Failed
System $1,000.
Financing 795 - 1,575: From M & E Table 3, Equivalent yearly
cost, Working System $53 x 15 yr. = $795, Failed System $105 x
15 yr.= $1,575.
Yearly Maintenance 41: From M & E Table 3, Operation and
Maintenance, Total Yearly Cost $41.
3. New Sys tea
Cash 21000: From M & E Table 4, Septic Systems, Initial Costs,
Cost of Constructing Upgraded System $2,000.
Financing 3,090: From M & E Table 4, Septic System, Initial
Costs, Equivalent Yearly Cost $206 x 15 yr.= $3,090.
Yearly Maint. 41: From M & E Table 4, Operation and Maintenance,.
Total Yearly Cost $41.
Z. Sewers
(b) New Constr.
Cash 2.260: From M & E Table 7, Present Worth, Total of
Connection Costs plus Trunk System and Collection System
$220 + 230 + 1,210 = $2,260.
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OTHER BUSINBSS BY CWNCILIEN con t'd.:
Hewers cont'd.
(b) New Constr. cont'd.
Financing 3.667: From M & E Table 7,
Yearly Costs, $51.50 x 15 yr. = 772
19.50 x 30 yr. = 585
14.50 x 30 yr. = 435
125.00 x 15 yr. = 1 875
Total $3,667
Yearly Maint, $30: From M & E Table 7,
(a) Present Residents
Cash 760: From the figure of $2,260 in Chart in the
Minutes, Seurcrs (b) New Const. plus $1,500 (assumed cost
of existing septic system) = $3,760.
Financing $5,167: From the figure of $3,667 in the Chart,
Sewers (b) New Const. plus $1,500 (assumed cost of existing
septic system) = $5,167.
Yearly Maintenance $30: From M & 3 Table 7.
Under Footnote ' $515. Lie do not understand this figure, but believe
it is already included in the $5,167 figure and is from M & 3 Table
7, Yearly Costs; Average Connection Charge,
$19.50 x 15 yr. = 292; Trunk System Stage_ I & II,
$14.50 x 15 yr. = 218
Total 510
In response to Councilman Davey's information, Councilman Aiken requested,
without objection from Council, insertion of the following statement: "I
will recheck the $515.00. I believe this $1500 is a proper cost in this
matter. Homeormers who are paying off their home loans must still pay the
entire cost of their septic systems,even though they would abandon them if
sewers are put in. Whether a citizen's septic system is already paid for,
or yet to be paid for, is beside the point. Homeowners would still have an
outlay of $1500 plus interest for a system not now used."
_ADJOUM, F.NT • 528
At 12:46 A, M., the Mayor adjourned the meeting to a personnel session,
and stated that following the session, the meeting would be reconvened
for the sole purpose of adjour:iing to the next regular meeting:
NEXT REGULAR Mc,ETING: Monday, December 4, 1967 at 7:45 P. Id. at the
Town Hall.
Respectfully submitted,
JUANITA L. MORGAN
City Clerk
Town of Los Altos Hills
by
nam -11/20/67 F.. M. Munzgyl
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