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HomeMy WebLinkAbout02/07/1966CITY COUNCIL TOWN OF LOS ALTOS HILLS MINUTES OF A REGUL9R MEETING February 7, 1966 The Regular Meeting of the City Council of the Town of Los Altos gills was called to order by. Mayor Albert. T. Henley, • Monday, February ?;, 1966, at 7:50 F. F. at the Town Hall, 26379 Fremont Road', Los Altos Hills, California. ROIL CALL: FRE.^�ENT: Councilmen Aiken, Bowler, Clayton, Fowls, --- Mayor Henley ABSENT: None PLANNING COMMISSION REPRESENTATIVE: Commissioner Melvin L. Hawley APPROVAL OF MINUTES: January 17,-1966.. ACTION: Adopt Minutes of January 17, 1966 as submitted. Mayor Henley noted the Council was honored by a visit from Scouts and the City Manager explained, since it is Boy Scout Week, representatives of Cub" Pack 76 and Boy Scout Troop 76 of Los Altos Hills were present to observe the Council and through this experience their group will conduct such a meeting of their own. Sponsor Congregation Beth Am has requested the Mayor proclaim the week --of,February 7 - 13w as Boy Scout Week. Mayor, Henley so proclaimed "FEBRUARY 7 - 13 BOY SCOUT WEEK" with a,great.deal;of.:pleasure and full sense of the very important task which the_Boy-Scouts of 'America have accomplished. STAFF�REPORTS:: 1. City Engineer — Summerhill -Magdalena Sewer District. In the absence of City Engineer Cook, the. City Manager submitted the following report: -_ At the request of the Council for a detailed report on the basis of larger pipes and a larger district, CityManagerreferred to Exhibit A showing that area bounded by:Magdalena on the east, Junipero Serra Freeway on the south, coming around tothe point of the ridge behind St. Nicholas School and„to the top.. of the ridge running generally easterly, and back to Magdalena. How- ever, a part of the natural drainage basin falls within the - unincorporated area and annexation proceedings -would-be necessary. As to cost for this larger district, thearproximate'- [vL figure would be 161,200.00 per unit as opposed to theaaprroximate figure of 162,200.00 per unit proposed in the smaller district. A complete study as to pipe sizes, etc. and soils test is forthcoming:...' STAFF. REPORTS: Summerhill -Magdalena Sewer Dist. (Cont'd.): Councilman Aiken reported he discussed the annexation problem - with.Mayor Thurber of Los Altos, whohas in turn discussed it with the Los Altos Councilmen, and they have .agreed to amend - the boundary agreement from Summerhill to the top of,the ridge between Summerhill and Fremont. Thus the area is now open for annexation to Los Altos Hills. However, Councilman Aiken - stressed that Los Altos Hills is in no wayinterested in forcing this annexation. If the people living there want to join Los Altos Hills, they must want to, and it must be beneficial to the Town for them to do so. Councilman Aiken especially acknowledged the cooperative and understanding attitude of Mayor Thurber and the Los Altos Council. The City Attorney advised that the annexation proceedings, if desired, should be started prior to any commitment of a sewer assessment district since prior approval from the Local Agency Formation Commission must be obtained before the City Council could set the matter for an election. Since more time is required for the annexation proceedings than the formation of an assessment district, the two matters could be easily com- pleted simultaneously. Council discussion revealed annexation was desirable, providing those residents were agreeable and if it would be beneficial to the Town. The .Mayor then requested comments from the Floor. Mr. Thomas Boyd, 11921 Hilltop Drive, asked to be omitted from the proposed sewer system, stating there are not one but two drainage areas - with no problems on the south side of Hilltop drive - and requested an estimate of a sewer district bounded by this area. - CTION: That an engineering and financial study be made on the smaller district (that area on - the south side of Hilltop Drive being omitted) and the effect it would have on the proposed sewer assessment district. MOTION: .Clayton; SECOYD: Aiken Council requested a soils report be submitted with this study since the district could not be judged solely by its boundaries as the soils report would indicate future problems, if any. Mr. Joseph R. Milmoe, 24285 Summerhill Road (County area) commented it was apparent they must annex either to Los Altos or Los Altos Hills and since this move has just started he will have factual information by the Feb. 21st meeting. Councilman Bowler replied it is essentially a single sewer district for both sides of Summerhill with the same engineering being achieved and that he believed the Town's agreement would give the County residents the option of joining either town. The .Question was called: VOTE: Passed unanimously. -2- Since STAFF RETORTS, Item 2, and NEW BUSINESS, Stem 1, A and B,' related to the Wheeler Subdivision, the Mayor ordered these items be taken up at the time the Tentative Map of-Oliver'Wheeler (310-65) was. reviewed. COMMITTEE REPORTS: 1. Citizens' Tree Planting Committee. Due to the length of the Agenda, the Mayor requested the report from the Citizens' Tree Planting Committee be held over until the Feb. 21st meeting. At this time, however, the heyor expressed regret over the loss of .the services of Mr. Frank Taylor and on behalf of the Council thanked him for his services to date. OLD BUSINESS: - 1. Zoning Violation - 25293 Cantata Way. Property in question was inspected by City Manager, Fire Inspector and -Health Department. Fire District is submitting a report requesting. that the dealer supplying butane gas to the property discontinue his service when the tanks are empty since the tanks are improperly installed, and requesting Pacific Gas & Electric Co. to discontinue service to the �1 premises as all wiring is in dire need of repair and overfused. City Attorney advised that the situation has not changed and that title to the property is still in question. There isno .:practical solution but to join a sewer district or file suit for an injunction for vacancy. Property is presently occupied by six students.. ACTION: That the City Attorney is instructed to initiate injunction proceedings without delay. MOTION: Bowler; SECOND: Fowls; VOTE: Passed unanimously. .NEW BUSINESS: 2. Use-Pornit Violation Congregation Beth °.m. City Manager reported that it was stated by the applicant at the time of application for this Use Permit that the property would be used. for church purposes only and that no outside ; school activities-Would'be conducted. It was recently brought to the�City.Manager'-s attention that the Congregation Beth Am is again ,(previously a school existed for fourmonths) allowing the use of their property for a private school operation, �.. involving approximately 40 students. A charge is being made and is in effect a violation of our ordinance. -3- -NEW BUSINESS: Use Permit Violation (Cont'd.): ). Councilman Bowler stated he was opposed to creeping changes of use permits, however, if the school did exist for four months and the .second school has existed for some months -without our ,attention and does not seem to encroach. upon the neighbors, he would be inclined to listen to Congregation Beth Am toalter their Use Permit to be sure there are adequate facilities and wouldlisten with sympathy to a use not creating problems to the neighbors. The Mayor suggested the City e.ttorney advise Congregation Beth Am of the situation as we understand it,pointing out the limits of the use permit as we understand these limits to be, and suggesting that if an enlargement of the use permit is desired along these lines that a formal application be filed; failing this, they should cease this unauthorized use. 1.CTI ON : That the City Attorney be instructed to contact Congregation Beth Am to discuss the matter and report the outcome to the Council, and, if - advisable, place it on the l.genda for hearing. ,MOTION: Fowle; SECOND: Bowler Mr. R. Towle, of the Los '.ltos Hills ".ssociation, recalled a school for retarded children was proposed and turned down, because of the proximity of Beth Am. In fairness to the property owners who were refused in order to preserve our zoning, any extension should be carefully considered since this is a problem that has grown. ..Councilman Bowler replied this application involved additional property and buildings. However, the Beth An use permit, properly applied for and controlled and providing it does not: require additional buildings or land or add traffic, seems sufficient to warrant reviewing the situation. The Question was called: VOTE: Passed unanimously. 3. Altieri, D. James - Appeal of Driveway Location Restriction. City Manager explained the policy requirement of the Town is to locate a driveway no closer than 100' from an intersection for traffic safety. Mr. Leon idenz, contractor representing Dr. Lltieri, requested .the driveway be located off '-nacapa Drive 60' from the inter- section of [;nacapa and St. Francis, which is a less heavily traveled .road and in accordance with the Health Department's. recommendation. This would allow for positioning a future corral which would be screened by landscaping. With the - `,}� driveway 100' from the intersection, the corral would of necessity be moved and any landscaping would present a blind intersection. -4- -NEW BUSINESS: .4ltieri, D. J. (Cont'd.): Councilman Clayton was of the opinion that the builder should submit a drawing on acompromise basis pointing out the safety factor for a driveway 60' from intersection and the position of the corral. Since Mr. Wenz said time was of the essence, the City Manager was requested to give his recommendation. City Manager stated if the driveway came off ,.nacapa Drive, he would recommend placement at least 70' from the intersection.. ',CTI ON : That the request of D. James .ltieri to reduce the safety requirement of 100' to 70' on anacapa Drive be approved. _ TOTION: Fowls; SECOND: .'Aken; VOTE: passed unanimously. V-' RI ".LACES : 1. Olive Tree Hill Inc. (V-246-66) - Request for Setback 'Reduction for elf Residence proposed on Lot =31, Tract #2958, Olive Tree Lane. 6.CTION: That the variance request of Olive Tree Hill, Inc. (V-246-66) for reduction of setback requirement to ten feet (10') be approved, in accordance with the recommendations of the planning Commission. MOTION: Liken; SECOND: Clayton; VOTE: passed unanimously. BUILDING SITE AJF'ROV.',L: 1. ,,raquistain. F. 1. (BS...', -25-66) Building Site Approval. City Manager reported Fire District approval and Health Dept. requirement to connect to existing sewer. City Manager read Planning Commission's recommendations and Check List, which included a path, landscaping andan in lieu payment for the paving of Elena Road. Mr. r1raquistain, while willing to dedicate 30' and comply with the path and landscaping requirements, took exception to the in lieu payment for improvements. Commissioner Hawley stated that in light of the building site approval ordinance, the Commission has taken the position it will require improvements in every case; however, if extensive ,frontage, should have a limitation on the in lieu payment. .CTION: That the request of '.'. '.. Araquistain (BSA -25-66) for building site approval be approved, subject to the Flanning Commission's recommendation and Check List. MOTION: Fowle; SECOND: Bowler; VOTE: Iassed unanimously, -5- 1 BUILDING SITE U1PROV!'j : ".raquistain (Cont'd.): Commissioner Hawley asked the Council to provide an in lieu payment schedule so that the applicant would know the cost for improvements, paths, etc. at the time the application is reviewed. :long this thought, Councilman Aiken reported he had attended the Planning Comrission meeting of Jan. 24'.b when this matter was discussed and explained the Commission would like further guidelines in the form of a firm system of Council policy, since they want to be fair to everybody. Councilman Aiken requested the Mayor to have a Staff study. made. The Mayor will look to his committee for a solution and it will be placed on the (agenda at the earliest possible time; however, if the problems are too knotty, he will ask the committee to work with the Staff to make the recommendations more specific. In agreement with the Council, the Final Maps were taken up before the Tentative Map of Wheeler. DIVISIONS OF LAND: Final Maps: 1. Dezahara, Betty Byrne,- Tract No. 3844 -Fngr. Marvin Wolff. :CTI ON: That the Final Pap of Betty Byrne Dezahara, �._.� Tract No. 3844, be approved. MOTION: Clayton; SECOND: Aiken; VOTE: Passed unanimously. 1 Moody -Page Mill-'11tamont ,,rca - Road Study. Moody Court - Central Drive Development. Letter of Citizens' Committee for Central Drive. B. Letter Opposing Planning Commission Recommendation on Central Drive - .`rea Residents. Tentative Maps: Wheeler;Cliver(310-65) 2 lots - Engr. Mastic & Kingston. City Manager read -Planning Commission recommendations of November22, 1965 and since that time there have been various letters from property owners and citizen committees in the area expressing their concern .over the Planning Commission's recommendation for a 60' right of way along Mr. Wheeler's property and of their concern for the future planning of the area. .The Mayor requested the planning Commission rerresentative to comment on its recommendation. Commissioner Hawley stated sincethere was no plan for the ultimate development ofthis difficult area., the Flanning Commission felt there should be -6- PLsi LINE STUDY AND WHT]'ELER SUBDIVISION (Cont'd.): - �) a way over Central Drive from Moody to Page Mill and a right of way obtained, until a Staff study could be made. There was a reluctance that a road would ever go through Mr. Wheeler's property and,. if not,it could be reduced to a horse or pedestrian trail. The Mayor reauested the representative from the Central Drive Citizens' Committee to state what they think should be done. Mr. D. Janssen, 27440 Sherlock Road, stated the Committee was formed because of the plan line study and they would like to participate in any change in this area so it is in the best interests of the majority of the property owners. They do not have a elan but the main thing is an orderly development. The Mayor requested the representative of the residents opposing :the Planning Commission recommendations to be heard. Mr. T. Kondall, 2'7961 Central Drive, reported their petition is divided into two factions - 1) the Wheeler Subdivision and 2) their feelings regarding the development that must take place in the area. They went to be involved in the decisions of .the planning of the area and do not want decisions made they know nothing about. They want to end up with the best possible plan for the good of the neighborhood. Councilman Liken requested the foregoing petition, signed by 50 residents, be read. Everyone concurring, the Mayor read the letter in its entirety. The Mayor commented tha letter was of a general view, and that the Council was open to suggestions on what is best for the area of the Town. City Engineer Nachtsheim reported on the plan line study. Using a criteria o£'a 35' road section with tho accompanying cut or fill slopes (in order to accommodate the Town's specifications of a 24' road section with a 5' path), it was 'felt the plan line falls very closely to a 60' right of way. The first part of the .study was initiated at Moody Court and proceeded along Central Drive to Page Mill Road, however there would be excessive cuts and much scarring; a second connection was studied from the middle point of the Wheeler parcel to Black Mountain and P:ltamont, being found that the grades in this area were not excessive; a third connection from Central Drive to whore Taaffe and Lltamontcross end coming down through the Dezahara property into Central to the Wheeler parcel, which showed a map grade of 13%. Council discussed that any plan line must be considered carefully since non-residents will avoid the twisters and use Central Drive to'the Palo -1 to Fark and the Skyline. Councilman Fowle presented alternate plan lines and a sketch was drawn on the blackboard for the audience showing Flan Line L Moody Court to Wheeler property; Plan Line B - from Wheeler- FL.'SN LINE STUDY 11TD WHEEIER SUBDIVISION.(Cont'd.): '. property to Black Mountain and .`Jtzmont Road; and Plan Line C -. Wheeler property on Central Drive to rage Mill Road. Councilman Fowls explained the ordinance states only 5 lots on a private road for reasons of safety ana cormunity needs and there are at least 20 lots on Central Drive. However, the Ordinance permits conditional exceptions, but it must have reason and should be granted only providing a future plan is in being and contribution to the plan is assured.. f. plan line is just a plan and not construction. Construction should first progress from a public road base, however, this is not possible with the Wheeler request. St some point in time a plan line should be established but it is unrealistic to establish against wide opposition in an area; however, once established, special considerations could permit small interior developments pro- viding eventual full improvement and dedication is assured. This is important - future contribution must be assured. Summarily, it should bo the aim of the Council to in no way accelerate development, but once it has become inevitable, the Council has a responsibility to insure that the development be orderly. In analyzing the plan lines, Councilman Fowle stated thore is considerable backing for Plan considerable opposition for Plan C, and unknown for B, but likely. Fire safety is .) considerable - very bad in summer, and bad in winter because of access for fire trucks. Councilman Fowle proposed the following: Establish gener:;lly the '. plan line. (We do not establish a plan line along Section C. Consider seriously the establishment along B, subject to conference with the rroperty owners.) Mr. Wheeler to dedicate the required public right of way. through his property on the section of 5. that lies within his property. That Mr. Wheeler dedicate an easeront for fire pro- tection and non -vehicular traffic and construct a gate so no autos can go through, only fire trucks. Request the peorle living along Section C to enter into a mutual maintenance covenant to maintain Central Drive and fire trail. In support of his proposal, Councilnan Fowle considered the following: a) Wheeler dedicates to the community land commensurate "-' with a one lot split. PLLN LINE STUDY CND '4HUFLFR SUBDIVISION (Cont'd.):. b) Future Wheeler division is blocked until further contri- bution is had. c) Safety for entire area is improved so that the additional residence probably does not result in a net increase in danger. d) Mutual covenant agreement will be of benefit to its members and indicate general agreement to moderate development pending final decision on plan line. e) The Town will indicate that it will support a plan line as its need and acceptance is assured. f) The Town will. indicate that it will oppose any development except according to an acceptable plan and then only as improverents and dedications are rigidly insured in the future and generally approved by the neighborhood. g) The Town will also indicate a degree of flexibility in unusual or inherited situations to assist individual land owners during this interim period, with special considera- tion of hardship. Comments .regarding Councilman Fowle's proposal were heard from the following residents: C. S. French, 11927 Rhus Ridge Road Richard Towle, 26393 Waston Drive Glenn Taylor, 1229 Forest .(.venue, rale -Ito Jas. K. Bell, 27421 Sherlock Road Eleanor Bell, 27421 Sherlock Road David Janssen, 27440 Sherlock Road Hans Noeller, 11990 Page Mill Road In view. of the residents' opposition, Commissioner Hibner proposed a further study be made by a committee appointed by the r'iayor, composed of two members of the Council, two members from the Flemming Co nission and two members from citizens in the Central Drive ::.rea, with their recommendations forthcoming within 30 days. Mr. 0.. Wheelersaid his main Dative was to preserve that part of Central Drive between the chains from automobile traffic and felt this type of terrain should be rezoned to a lesser density which would eliminate the need.for-a throughroad and a 60' right of way. Fire Chief Bassett stated access is the ^ire Districts biggest problem and that this was a critical area requiring more roads. Fire Chief Bassett further stated private roads are a big mistake since there is a definite maintenance responsibility and often a private road is inaccessible due to lack of cooperation on maintenance, plus the fact a 15' road is not sufficient. Q-A Council discussed a dead end plan line on Central Drive with an _ extension of Plan Line A up to Gltaraont (Section D), suitable mutual maintenance agreement andthe procedures for establish- ing. a plan line. -9- PLAN LINE STUDY AND WHEELER SUBDIVISION (Cont 'd. Since no starting point could be reached, it was proposed that wording for a mutual covenant be written out and further study be given to plan lines d-D and B. 'CTION:- That the foregoing matters be held over for two weeks. - MOTION:- Aiken; SECOND: Fcwle So that the interested parties might be brought together, the Mayon requested additional time in case it was necessary for the matter to ga to committee. AMENDED. MOTION: With the understanding the paper work can be accomplished in thirty days, with adequate notice to all involved. ,',M-NDED BY: Aiken; ACCEPTED BY: Fowle; VOTE: passed unanimously. At 11:00 T. M., the Mayor called a recess. �,t 11::10 T. M., the Mayor reconvened the meeting. R_ESOLUTIONS: 1. Resolution No. 335. (Election Services). The City Manager introduced and read in its entirety Resolution No. 335, a Resolution of the Town of Los f:ltos Hills: authorizing the City Clerk to contract with the Santa Clara County Registrar of Voters for election services. ,',CTION: That Resolution No. 335 be adopted as read. MOTION: Fowle; SECOND: Clayton 7 ROLL CALL:- AYES:.iken, Bowler, Clayton, Fowle, Mayor Henley NOES: None ABS^•,NT: None 'ORDINANCES: 1.. Ordinance No.11.(providing that fees for inspections shall be fixed by reso3lution). SECOND RE.IDING.. The City Attorney read the title of Ordinance No. 113, an U Ordinance of: the City Council of the Town of Los .ltos Hills amending Ordinance No. 29 of said Town as amended, by providing that fees for inspections shall be fixed by resolution... -10- `ORDINANCES: Ord. No. 113 (Cont'd.): ACTION: That further reading of Ordinance No. 113 be waived. MO'..ION: Fowle, SECOND: Clayton - ROLL C_I.L: AYES: liken, Bowler, Clayton, Fowls, Mayor Henley NOES: None 130ENT: None 3C TI ON: That Ordinance No. 113 be adopted as read. MOTION: Fowls; SECOND: Clayton ROLL CILL: :,YES: Aiken, Bowler, Clayton, Fowle, Mayor Henley NOES: None l.BSENT: None OTHER BUSINESS: 1. Swimming Fool Safety. In response to a letter from Mr. John W. Barlow, 24150 Hillview Drive, requesting the Council to enact apool fencing ordinance, the Mayor requested the City Clerk to submit a summary of past discussion on this subject, and that Mr. Barlow be notified when the matter is placed on the Agenda. COMMUNIC%TIONS: 1. .City of Mountain View, dated February 4, 1966, requesting an expression of support for Mountain View's proposed State College Site. - Mayor Henley presented Resolution No. 336 as follows: "BE IT RESOLVED by the City Council of the Town of 'Los 11tos Hills that this Council shall join with the Inter -City Council of Santa Clara County in supporting the establishment of a State College in the City of Mountain View." ;,CTI ON: Adopt Resolution No. 336 as presented. MOTION: Clayton; SECOND: Bowler ROLL C:`.LL: AYES: Aiken, Bowler, Clayton, Fowls, Mayor Henley NOES: None ABSENT: None -il- 1 2. h_ssociation of.Bay i,rea Governments '(:.$GG), letter requesting the-Town to join the Cssociation. ;.r. This matter will be placed on the Agendafor the Feb. 21st meeting at which time 2, formal request will be presented by an..ssociation representative. 3. I3awley, Melvin-I., dated January 28, 1966, reouosting the City Council to consider adopting red "wrong way" signs', particu- larly on Old. Altos Le.ne. Mayor Henley requested the Council to consider this matter and offer comments at the Feb. 21st meeting. 1. Bills, in the amount of ELEVEN THOUS'-ND, TWO HUNDRED SIXTY- THREE DOLLARS an(, Forty-five Cents (S'11,263.45), were presented for payment by Councilman Fowle. _CTION: That the bills, as presented, be approved and the City Clerk be authorized to draw the appropriate warrants. MOTION: Fowle; SECOND: Bowler ROLL.CI;LL ;-.YES: Liken, Bowler, Clayton, Fowle, Mayor Henley NOES: None P,BSENT: None ',DJOURNMPNT: MOTION: Clayton; SECOND: Liken PMETING ADJOURNED:11:20 F. M. NEXT REGUL;':R MEETING: Monday, February 21, 1966 at 7:45x: M. at the Town Hall. Respectfully submitted., FLUL 11.S:'_LFEN City Clerk 2/7/66-mam Town of Los -1tos Hills -12-