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HomeMy WebLinkAbout04/07/1969CITY COUNCIL TOWN OF LOS ALTOS HILLS OAF MINUTES OF A REGULAR MEETING April 7, 1969 REEL 16 - SIDE 1 - TRACK 1 -- FOOTAGE 00 - 1350 REEL 16 - SIDE 2 - TRACK 4 -- FOOTAGE 00 - 389 Mayor Wm. Ross Aiken called the Regular Meeting of the City Council of the Town of Los Altos Hills to order at 7:49 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 Benson, Davey, Fowle, Helgesson, Mayor Aiken. Absent: None. PLANNING COMMISSION REPRESENTATIVE: Commissioner A. H. Lachenbruch APPROVAL OF MINUTES: March 17, 1969. Councilman Helgesson moved, seconded by Benson and carried unanimously, of that the Minutes of March 17, 1969 be approved as submitted. COMMUNICATIONS: Staff reviewed the following communications: 03 1. Hans K. Wesemann, 25490 Crescent Lane, dated March 17, 1969, urging establishment of emergency phone service. City Manager stated that the County City Managers' Association will be reviewing this matter. 2. Mrs. J. Kenneth Tyler, President of League of Women Voters, dated March 172 1969, requesting Town support for the League's 50th Anniversary Celebration. Council concurred Deputy Mayor Benson should represent the Town at League activities. 3. W. Mary Riggs, M. D., Santa Clara County District Health Officer, dated April 2, 1969, submitting report on land development in the Adobe Creek Watershed Area, and recommending that the Town encourage area residents to form an appropriate sewer district to enable preservation of the Adobe Creek Watershed. 4. Irma C. Goldsmith, 27330 Elena Road, dated March 30, 1969, opposing extension of sewer assessment district N7 beyond the Freeway, and expressing appreciation for recent Council communications to property owners in the Pucissima Drainage Basin. 5. Mayor Ronald R. James, City of San Jose, dated April 7, 1969, announcing April 30th Conference on Senior Adult Citizens. Council concurred Deputy Mayor Benson should represent the Council. 4 SCHEDULED ITEM NO. 1: 6-7 CONSIDERATION AND POSSIBLE ACTION ON REJECTION OF ALL OFFERS OF DEDICATION TO PUBLIC USE AND POSSIBLE ABANDONMENT OF A PORTION OF CENTRAL DRIVE. Staff report was presented, noting that the Final Map of Mr. Oliver Wheeler, Tract No. 4184, had offered a park donation of approximately one acre to the Town. The Town had accepted the one acre park donation (which includes the boundaries of Central Drive immediately adjacent to Byrne Park), subject to the condition that no through vehicular traffic be permitted. City Manager stated that questions had been raised concerning the Final Map and that map deficiencies had been corrected. City Manager noted that a defini- tion of Central Drive as either a public or private road has not been possible and that it has been proposed for the Town to abandon whatever rights the public may have in the one acre portion of Central Drive that comprises the park donation. City Attorney stated that based on available information, he could not de- termine if Central Drive were a public road and recommended, that if the Town desired to prohibit through vehicular access to a portion of Central Drive, the Town follow the formal proceedings of the State Vacation Act, which would require the following: adoption of a resolution of intent to vacate a portion of Central drive; the setting of a Public Hearing; and the. providing of notice of the hearing. Mayor Aiken requested clarification as to what effect these proceedings would have on individual private rights. City Attorney stated that only public rights could be affected and that private rights would definitely not be affected by any vacating of public rights. City Attorney introduced and read in its entirety Resolution No. 522, a resolution of the City Council of the Town of Los Altos Hills, declaring its intention to vacate a portion of a City Street, setting a Public Hearing, and providing for Notice thereof (set Public Hearing for 8:00 P. M. on May 5, 1969 re proposed vacation of a portion of Central Drive). MOTION, AND SECOND: Councilman Benson moved, seconded by Helgesson, that Resolution No. 522 be adopted as read. Councilman Fowle questioned the desirability of prestating the Town's intent to vacate Central Drive. City Attorney stated that this was a State Code requirement, necessary to set the Public Hearing. Councilman Davey proposed action be deferred until Unscheduled Item No. 1 re map deficiencies of the Oliver Wheeler Final Map be resolved. Council concurred. UNSCHEDULED ITEM NO. 1: 19 CONSIDERATION AND POSSIBLE ACTION ON COtM7UNICATION RE: OLIVER WHEELER FINAL MAP, TRACT NO. 4184, 2 LOTS, CENTRAL DRIVE. City Clerk read in its entirety communication dated March 24, 1969 signed by David Jansson, Glen S. Taylor, Harry Buswell and George Heimendinger, property owners in the vicinity of the Wheeler Subdivision. Council 40 concurred that Staff should answer each question concerning map deficiencies and violations of the subdivision ordinance raised by the communication. -2- UNSCHEDULED ITEM NO. 1 cont'd.: The following Staff comments were presented: ` 1) City Engineer stated the Final Map had not been signed and would not be signed or recorded until all map deficiencies were corrected; the 40' wide road, known as Central Drive, had been shown on the linen tracing and would appear on the revised Final Map; the Purissima Hills County Water District pipe line easement would be added; neither Central Drive or Arroyo Way were offered for dedication; a preliminary title report was filed but did not mention access; Section 6:20 (G) in the Subdivision Ordinance applies only to new connecting roads in subdivisions and does not apply in this instance. City Attorney stated that Mr. Wheeler can only give those rights he may have and a dedication transfers.srights, but does not eliminate private rights previously existing; deeded access is provided as there is colorably the right of public to travel Central Drive as shown in sixteen deeds of the area property owners and recorded deeded access to Central Drive does exist. Council discussion ensued, with Floor participation by: David Jansson, 27440 Sherlock Road; Glen S. Taylor, 1229 Forest Avenue, Palo Alto; Mrs. F. Fava, 26691 Moody Road; Robert Stauffer, 27760 Sherlock Road; Donald E. Spencer, 27490 Sherlock Road; Mrs. Barbara Packard, 12640 La Cresta Drive; Commissioner A. H. Lachenbruch; Gene Smith, 26950 Moody Court; Mrs. F. Olgiati, 25960 Vinedo Lane; and Oliver Wheeler, 27650 Central Drive. The following points were clarified during Floor discussion: 1. City Attorney stated a dedicator can dedicate only those rights which he owns; at the time of recordation, fee title would vest in the Town, subject to other rights. 2. Messrs. Taylor and Jansson stated Mr. Wheeler may have eliminated private rights by chaining off Central Drive and if the public rights were abandoned, they would have no access which would be contrary to the deeded access now present. 3. City Attorney stated the Town had no obligation to verify existing rights in property, if any. 4. Council concurred the questions pertaining to map deficiencies had been resolved by Staff and would be corrected. SCHEDULED ITEM NO. 1 CONTINUED (Possible abandonment of a portion of Central s31 Drive): Council discussion ensued concerning possible vacating of public rights on the portion of Central Drive, comprising the one acre park donation, with Floor participation by: Glen S. Taylor, Mrs. F. .^•ava, D. Jansson, M. G. Boissevain, 27181 Sherlock Road, C. E. Bradberry, 26873 Moody Road, G. Smith, Harry Buswell, 501 Cherry Avenue, Los Altos, G. Ferrari, 25800 Altamont Road, Commissioner A. H. Lachenbruch, and Mrs. B. Packard. The following points were clarified during Council and Floor discussion: 1) Council unanimously concurred that Central Drive should not be opened up to through vehicular traffic. 2) City Attorney stated it would cost an estimated $6,000.00 to conduct a title and litigation search of the status of Central Drive. -3- SCHEDULED ITEM NO. 1 CONTINUED: 3) City Attorney stated the Town has the right and responsibility to main- tain public roads, only after acceptance for maintenance. 4) In responding to a question as to whether it was the Town's intent to close off Central Drive to Mr. Taylor or Mr. Janssen, the City Attorney stated that this was not the Town's intent and could not be done A they had previously existing private rights. 5) Mr. Janssen stated he would have to take legal action if the Wheeler Final Map were not rescinded. At 9:47 P. M., there being no further comments from the Floor, Mayor Aiken declared public discussion closed. Mayor Aiken stated that a policy decision is involved in prohibiting through vehicular access on Central Drive instead of being a planning matter. Mayor Aiken noted public reaction three and one-half years ago had been violently opposed to paving Central Drive as a through public road and that it was his personal opinion that Central Drive should be restricted to through vehicular, traffic regardless of planning considerations. Councilman Davey stated the intent of the Council is not to have a through road and suggested the Planning Commission study alternate ways to accomplish this, instead of abandonment proceedings. Councilman Fowle stated future public rights should be left available, if needed, and recommended no action be taken until an adequate legal basis had been obtained. Mayor Aiken noted the abandonment proceedings would also enable enforcement of prohibiting motorbikes in this area, which cannot be accomplished Townwide on public roads since the State has preempted this area. Council concurred that the Planning Commission should review the proposed vacating proceedings prior to the Public Hearing May 5th. VOTE: The Motion to adopt Resolution No. 522, setting a Public Hearing on May 5, 1969 for vacating a portion of Central Drive, was carried by the following roll call vote: Ayes: Councilmen Benson, Fowle, Helgesson, Mayor Aiken. Noes: Councilman Davey. Absent: None. SCHBDULED ITEM NO. 2: ID.,ZS CONSIDERATION OF SEWER ASSESSMENT DISTRICT NO. 8 (Moody Road to Page Mill Road via Central Drive). Staff report was presented, noting Mr. David Janssen, 27440 Sherlock Road, has contacted the Town Staff and is interested in proceeding with the necessary petitions to initiate a sewer district in the Adobe Creek Drainage Basin (generally bounded by Altamont Road and Moody Road, from their inter- section west to Page Mill Road). Staff requested the Council to initiate the same notification procedure as that followed for the Purissima Drainage Basin, in that a letter be sent to all property owners located within the Adobe Creek Drainage Basin advising 4 that a sewer assessment district may be initiated in the future and that it will be the responsibility of each individual property owner to pursue such interest he may have in same. -4- SCHEDULED ITEM NO. 2 CONTINUED (S.A.D. #8): Council discussion ensued concerning a possible sewer district in the Adobe Creek Drainage Basin, with Floor participation by: Mrs. J. Eshner, 26410 Altamont Road, Donald E. Spencer, Mrs. D. Miller, 13076 Vista del Valle Court, Mrs. F. Rave, Gene Smith, Mrs. M. Stubbs, 26811 Moody Court, D. Jansson, Mrs. Joan Moeller, 11990 Page Mill Road, Mr. G. Ferrari, M. G. Boissevain, Mrs, Stella Walker, Sherlock Road, and J. W. Dochnahl, 27980 Central Drive, RECESS: 11:05 P. M. to 11:10 P. M. The following points were clarified during Council discussion 1) No district is being initiated at this time, but Council desires to ensure advance notice to all property owners. 2) Any future sewer district would have to be formed pursuant to the Town's sewer policy, i.e., providing sewers to those who desire them whenever possible and excluding those who do not desire or need sewers whenever possible. 3) Mr. G. Ferrari recommended the Council liberalize its subdivision S L,'1-) policy to allow subdivision without requiring sewers. j3S a 4) Mr. D. Jansson stated his preliminary survey included a total of 673 acres, representing 301 potential units of benefit, and that 550 acres, representing 242 units of benefit, had indicated they were in favor of a sewer district. MOTION, SECONDED AND CARRIED: Councilman Helgesson moved, Seconded by Fowle, that the Council send out an informational letter similar to S a + notification provided in the Purissima Drainage Basin and authorize expenditures for said letter, was carried by the following roll call vote: 00 A3 Ayes: Councilmen Benson, Davey, Fowle, Helgesson, Mayor Aiken. Noes: None. Absent: None. UNSCHEDULED ITEM NO. 1 CONTINUED: (Communication re Wheeler Final Map) Council concurred that a Staff report on the map corrections to the Wheeler Final Map, Tract No. 4184, should be presented at the next meeting. UNSCHEDULED ITEM NO. 2: CONSIDERATION OF LAW ENFORCEMENT COMMITTEE RECOMMENDATIONS RE: ORDINANCE Cgs - REGULATING 9SREGULATING PUBLIC MEETINGS. Mr, Kenneth Young, Committee Chairman, reviewed Committee recommendations dated March 11, 1969 proposing an ordinance to regulate all meetings within Town limits, excepting those held in single family dwellings, classroom instruction and religious worship. Mr. Young noted the Committee recommended the following conditions be included in the proposed ordinance: 1) Uniformed Sheriff Deputies be present at the meeting and also patrol the vicinity (to be paid by applicant). 2) Applicant to erect and remove directional signs at their own expense and insure clean up after the meeting, and compensation for damage to private property. City Attorney stated there may be difficulties concerning the exclusion of religious worship and care would be required to avoid infringement of free- doms guaranteed by the First Amendment. Council expressed their appreciation to the Law Enforcement Committee and concurred to instruct the Staff to review the ordinance proposals. -5- 16.t UNSCHEDULED ITEM NO. 3: CONSIDERATION OF PLANNING COMMISSION RECOMMENDATION FOR INCREASED SUBDIVISION FILING FEES. fees: Staff report was presented, noting the following present and proposed Category of Maps Present Fees Proposed Fees Tentative Maps - for 1st lot $ 40.00 $ 60.00 Tentative Maps - for ea. add11. lot 15.00 25.00 Final Maps - for lst lot 25.00 35.00 Final Maps - for ea. add11. lot 10.00 15.00 Conditional Use Permits 20.00 35.00 Variances 20.00 35.00 Building Site Approvals 40.00 60.00 Present Fees for preliminary review of Tentative Map - 25% of Tentative Map filing fee. Proposed Fees for preliminary review of Tentative Map - $25.00 for 1st lot and $10.00 for each additional lot. Engineering fees covering inspection of subdivision improvements, to be paid at the time of filing of Final Map, shall remain at 4% of the total cost of improvements as estimated by the City Engineer; $7.00 transparency fee, now required, should be increased to $B.00. Council concurred with the proposed fee increase and that action would be taken later in the Agenda under "Resolutions". UNSCHEDULED ITEM NO. 4: 11 CONSIDERATION OF PLANNING COMMISSION RECOMMENDATION RE: TRAFFIC INTERSECTION PROBLEMS AT TAAFFE AND ALTAMDNT ROADS. Staff report was presented noting the Planning Commission unanimously recommended that the traffic question referred to the Planning Commission with respect to the intersection at Altamont, Taaffe and Byrne Park Lane, be referred back to the Council with the recommendation by the Planning Commission that the following City Engineer's recommendations are endorsed: 1) Clear brush on the southerly boundary of Altamont Road at the crest of the hill. 2) Some realignment, both horizontally and vertically, be accomplished on Altamont in connection with the improvement required for Parkside Subdivision. 3) "Stop" signs be erected on Taaffe and Byrne Park Lane in connection with the improvement work of the Parkside Subdivision. MOTION, SECONDED AND CARRIED: Councilman Davey moved, seconded by Helgesson and carried unanimously that the Council concurred with the Planning Commission's recommendations. STAFF REPORTS: 1946 City Manager: 1. Reviewed proposed schedule for consideration of the 1969-70 Budget, noting April 14th would be the deadline for budget requests to the City Manager and May 19th would be scheduled for Public Hearing and Council discussion of the budget. Na STAFF REPORTS: City Manager cont'd.: 2. Announced that Dennis R. Lahr had been appointed Assistant City Manager, effective March 16, 1969 at a monthly salary of $999.00. 3. Recommended opposition to AB 374, providing service function for local safety employees, which include credit for prior service, and noted this represents a threat to Home Rule. MOTION, SECONDED AND CARRIED: Councilman Helgesson moved, seconded by Benson and carried unanimously, that the Council go on record in opposition to AB 374. 4. Recommended opposition to AB 240, prohibiting local business license taxes on "for -hire" trucks that do not maintain a place of business within the City. MOTION, SECONDED AND CARRIED: Councilman Davey moved, seconded by Helgesson and carried unanimously that the Council go on record in opposition to AB 240. 5. Recommended opposition to SB 648, prohibiting business license tax on highway carriers, noting SB 648 would cut into local control and would result in loss of revenue. MOTION, SECONDED AND CARRIED: Councilman Helgesson moved, seconded by Benson and carried unanimously, that the Council go on record in opposition to SB 648. City Clerk: 1. Submitted expenditure report for quarter ending March 31, 1969, noting total cash balance of all funds was $515,000.00, of which $504,000.00 was currently invested. City Attorney: 1. Reviewed claim for damages sustained during mud slide submitted by Rudolf J. Domenic, 26565 Anacapa Drive, in the amount of $213,000.00. City Attorney recommended the claim be denied and referred to the Town's insurance carrier. City Attorney also noted that the claim requests action abating a public nuisance and advised that the existing situation does not constitute a public nuisance and recommended no action pertaining to abatement. MOTION, SECONDED AND CARRIED: Councilman Fowle moved, seconded by Helgesson and carried unanimously, that the claim of Rudolf J. Domenic be denied and referred to the Town's insurance carrier. PRESENTATIONS FROM THE FLOOR: a 66 1) Commissioner Lachenbruch stated that drainage, geological controls, sewage, circulation problems and financing of same, need immediate resolution and stated planning in these areas should be accelerated. Council concurred budget considerations should recognize the need for additional planning expenditures. 4 -7- RESOLUTIONS: 3 o l 1. City Attorney introduced and read in its entirety Resolution No. 512, a resolution of the City Council of the Town of Los Altos Hills, endorsing the establishment of a National Wildlife Refuge Complex for the South San Francisco Bay. MOTION, SECONDED AND CARRIED: Councilman Benson moved, seconded by Fowle, that Resolution ND. 518 be adopted as read, was carried by the following roll call vote: Ayes: Councilmen Benson, Davey, Fowle, Helgesson, Mayor Aiken. Noes: None. Absent: None. 33rD 2. City Attorney introduced and read in its entirety Resolution No. 519, a resolution of the City of the Town of Los Altos Hills urging the State of California, Division of Highways, to recognize the Town of Los Altos Hills Ordinance No. 131, which prohibits trucks on the Junipero Serra Freeway, on a temporary basis, and rescinding Resolution No. 466. MOTION, SECONDED AND CARRIED: Councilman Benson moved, seconded by Davey, that Resolution No. 519 be adopted as read, was carried by the following roll call vote: Ayes: Councilmen Benson, Davey, Fowle, Helgesson, Mayor Aiken. Noes: None. Absent: None. 3. City Attorney introduced and read in its entirety Resolution No. 520, 3s3 a resolution of the City Council of the Town of Los Altos Hills establishing rates of charges to be made in connection with subdivision of land, building site approval, conditional use permits and variances. MOTION, SECONDED AND CARRIED: Councilman Davey moved, seconded by Fowle, that Resolution No. 520 be adopted as read, was carried by the following roll call vote: Ayes: Councilmen Benson, Davey, Fowle, Helgesson, Mayor Aiken. Noes: None. Absent: None. 4. City Attorney introduced and read in its entirety Resolution No. 521, 366 a resolution of the City Council of the Town of Los Altos Hills authorizing bank deposits and signing of checks. MOTION, SECONDED AND CARRIED: Councilman Davey moved, seconded by Fowle, that Resolution No. 521 be adopted as read, was carried by the following roll call vote: Ayes: Councilmen Benson, Davey, Fowle, Helgesson, Mayor Aiken. Noes: None. Absent: None. WARRANTS: 3 i7 MOTION, SECONDED AND CARRIED: Councilman Benson moved, seconded by Helgesson, that bills as presented in the amount of THIRTY-T5J0 THOUSAND, NINE HUNDRED AND THREE DOLLARS and Ten Cents ($32,903.10) be approved, and the City Clerk authorized to draw the appropriate warrants, was carried by the following roll call vote: Ayes: Councilmen Benson, Davey, Helgesson, Fowle, Mayor Aiken. Noes: None. Absent: None. OTHER BUSINESS BY COUNCILMEN: 38 1. Councilman Davey noted receipt of questionnaire by California Trucking 40 Association, stating the questionnaire had been referred to the Noise Abatement Committee and requested all Councilmen to answer questionnaire. S� ADJOURNMENT: 39q 4w There being no further business to come before the Council, Mayor Aiken adjourned the meeting at 12:22 A. M. to: NEXT REGULAR MEETING: Monday, April 21, 1969, at 7:45 P. M. at the Town Hall. DRL/mam 4/7/69 Lw Respectfully submitted, � , / DENNIS R. LAHR City Clerk -Treasurer Town of Los Altos Hills S'2