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HomeMy WebLinkAbout01/20/1969CITY COUNCIL TOWN OF LOS ALTOS HILLS MINUTES OF A REGULAR MEETING January 20, 1969 REEL 14 - SIDE 2 - TRACK 2 -- FOOTAGE 00-822 Mayor Wm. Ross Aiken called the Regular Meeting of the City Council of the Town of Los Altos Hills to order at 7:50 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 L. Dawson TOWN CONSULTANT: L. W. Morse APPROVAL OF MINUTES: Councilman Helgesson moved, seconded by Benson and carried unanimously, that the Minutes of January 6, 1969, be approved as submitted. COMMUNICATIONS• 0-7 The following communication was read by Acting City Manager, Dennis R. Lahr: 60 1. Donald E. Spencer, 27490 Sherlock Road, dated January 16, 1969, suggesting drainage requirements be carefully analyzed regarding future road improvements in the Town. Council concurred that this communication be discussed under "Other Business by Councilmen". ANNOUNCEMENTS: -13 1) Social Planning Council of Santa Clara County: First Annual Legislative Forum, to be held January 24, 1969 at San Jose. 2) Chamber of Commerce Installation and Dinner, to be held January 28, 1969 at Los Altos. UNSCHEDULED ITEM NO. 1: a.7 FISH, ROBERT (V-318-69) - Request for 8' reduction to 22' in westerly and southerly setbacks for addition to residence at 13210 E. Sunset Drive. Staff report was presented, noting the steep terrain prohibits any other reasonable location; that no objections had been received; and the Planning Commission unanimously recommended approval. MOTION, SECONDED AND CARRIED: Councilman Helgesson moved, seconded by Benson, and carried unanimously, that the request of Robert Fish (V-318-69) for 8' reduction to 22' in westerly setback and 8' reduction to 22' in southerly setback for addition to residence at 13210 E. Sunset Drive be approved. E UNSCHEDULED ITEM NO. 2: ZEITMAN, PHIL (BSA -50-68) 1 lot, Camino Hermoso at E1 Caminito. Staff report was presented, noting the following: Mr. R. S. Rust, 23600 Camino Hermoso, had initiated abandonment proceedings for El Caminito in 1965, which were never executed; the lot has potential access from either Camino Hermoso or Ravensbury, however, Mr. Rust has voiced his objection to the access from Camino Hermoso; and, that the applicant, Mr. Zeitman, has requested access from Camino Hermoso to logically follow the contours of the land. Staff noted unanimous approval of the Planning Commission, subject to private road access from Camino Hermoso with the remainder of El Caminito to be abandoned. Council discussion ensued regarding access, with participation by Planning Commissioner Dawson. MOTION, SECONDED AND CARRIED: Councilman Helgesson moved, seconded by Fowle, and carried unanimously, that the request of Phil Zeitman (BSA -50-68) for building site approval of one lot located on E1 Caminito at Camino Hermoso, be approved in accordance with the Planning Commission recommendations and Check List. SCHEDULED ITEM NO. 1: CONSIDERATION OF RECREATION PROGRAM FOR PURISSIMA SCHOOL. 4o d Acting Manager presented staff report, noting the following additional in- formation, as requested by the Council at its last regular meeting: 1) Purissima School has a total enrollment of 190 students, of which 141 students are bussed, and that 35-40 students participate daily in the recreation program. (Staff inspection revealed a maximum of 12 students presently using the playground, however, weather restrictions are undoubtedly reflected in this figure.) 2) The Los Altos Recreation Department indicated in its 1967-68 Annual Report that the average daily peak participation of 45 students exists among their eight elementary schools. 3) A communication has been received from Mr. Gardner Bullis, 14085 Manuella Avenue, supporting Town participation in the recreation program. Councilman Davey urged the Council to support this program, since conversa- tions with parents whose children attend the program, the Principal of Purissima School, and President of the PLA have convinced her that the program is needed. Mayor Aiken asked for comments from the Floor. Mrs. F. Olgiati, 25960 Vinedo Lane, spoke in opposition to the recreation program, and Mrs. Muriel Smith, Principal of Purissima and Gardner Bullis Schools, and Mrs. Karsch, President of PTA, 26101 Eucalyptus Lane, spoke in favor of the program. Mrs. Donald A. Miller, 13076 Vista del Valle Court, questioned the legality of such a contribution, and Mrs. J. G. Ronsiek, 13023 Vista del Valle Court, suggested a smaller contribution,attaching conditions of stringent attendance records. MOTION AND SECOND: Councilman Davey moved, seconded by Fowle, that the Council accept the request for the recreation program and allocate $1,000.00 `-for the annual recreation program at Purissima School, effective July 1, 1969, to be matched by $1,000.00 from the Los Altos School District. Mayor Aiken requested the record show that whether one is for or against recent bond issues, the voters turned the bond issue down and therefore he could not support this program on a moral basis. -2- SCHEDULED ITEM NO. 1: Recreation Program cont'd.: Councilman Benson moved that the Motion be amended to approve $500.00 instead of $1,000.00. The Amendment died for lack of a Second. VOTE: The Motion to approve $1,000.00 for the recreation program was carried by the following roll call vote: :yes: Councilmen Benson, Davey, Fowle, Helgesson. Noes: Mayor Aiken. Absent: None. Mrs. M. Smith thanked the Council for their support and the appreciation of the Bullis School and parents for the continued presence of the crossing guard. SCHEDULED ITEM NO. 2: -Z O 5 CONSIDERATION OF CREATING THE POSITION OF "SECRETARY -STENOGRAPHER I" TO REPLACE THE POSITION OF PART-TIME SECRETARY. Staff report was presented, noting that increased clerical duties necessitate the replacement of the present part-time secretary position by a full time secretary position and that no salary increase in the 1968-69 budget would occur due to the present City Manager vacancy. MOTION, SECONDED AND CARRIED: Councilman Davey moved, seconded by Benson and carried unanimously, that the Council proceed with the creation of the position of "Secretary -Stenographer I" and that the Council express its appreciation to Mrs. Munzell for her continued efforts and cooperation in the face of increasing duties with limited clerical help. Council concurred that action be taken under "Resolutions" later in the tv Agenda. At 8:35 P. M., the Mayor adjourned the meeting to Executive Session re personnel. At 8:40 P. M., the Mayor reconvened the meeting. SCHEDULED ITEM NO. 2: CONSIDERATION OF REAPPOINTMENT AND/OR APPOINTMENT TO FILL THREE (3) POSITIONS ON THE PLANNING COMMISSION. The Mayor announced that Mr. Don T. Hibner and Mr. A. H. Lachenbruch have both consented to remain on the Commission and continue their good work. MOTION, SECONDED AND CARRIED: Councilman Helgesson moved, seconded by Benson, that the Secretary cast a White Ballot and that Commissioners Hibner and Lachenbruch be reappointed to serve to January 14, 1973, was carried unanimously by roll call vote: Ayes: Councilmen Benson, Davey, Fowle, Helgesson, Mayor Aiken. Noes: None. Absent: None. Councilman Benson nominated Thomas P. McReynolds, 26045 Moody Road, to fill the unexpired term of Dr. Kay B. Magleby. MOTION, SECONDED AND CARRIED: Councilman Benson moved, seconded by Helgesson, that Thomas P. McReynolds be appointed to the Planning Commission to fill Commissioner Kay B. Magleby's unexpired term to April 4, 1972, was carried by the following roll call vote: Ayes: Councilmen Benson, Powle, Helgesson, Mayor Aiken. Noes: None, Abstained: Councilman Davey. Absent: None. -3- UNSCHEDULED ITEM 1110. 3: 1.yO ENGINEER'S REPORT AND DISCUSSION ON THE REQUEST OF L. E. HARRIS, 10950 AV MAGDALENA ROAD FOR ALLEVIATION OF DRAINAGE PROBLEMS. Staff reviewed Mr. Harris' request to terminate the distribution onto his property of uphill runoff water. City Engineer reviewed written report dated January 13, 1969 stating that if the ditch which conducts the water from the outlet of the CMP under Magdalena is properly graded and cleaned, the storm water emanating from public rights-of-way will be adequately carried to the natural drainage channel to lots further downstream. City Engineer further noted Mr. Harris' problem seems to be one of improperly drained fill bank on which his home was built. Mr. Harris noted the inequity of diverting runoff across his property and that the situation is compounded by additional runoff sheeting across Magdalena Road on to his property. City Attorney noted that since a natural water course had always existed across this property, that the Town has an absolute right to direct the water to this point and that it is the responsibility of the owner to accept this water. City Attorney further stated that no drainage easements exist and that the Town cannot expend public funds on private property. Council discussion ensued, noting that no action could be taken by the Council. since the water course across the Harris property had existed before Mr. Harris' home was built, that the Town did not change or add to the natural drainage course, and that the Town cannot expend money on private property. However, Council instructed the Engineer to check on any sheeting across the road and to determine if the drainage improvements are functioning properly. Mrs. K. Ward, 14116 Seven Acres Lane, reviewed her drainage problems and asked the City Engineer to check the culvert while the water is running. Council noted again the Town may not expend Town funds on private property, but requested the City Engineer to determine if the Town's system is functioning properly. UNSCHEDULED ITEM NO. 4: 3-7s STAFF REPORTS: Acting City Manager reviewed the following items: 1. Noted receipt of final report of the State Division of Highways regard- ing the proposed truck ban on Route #280, which states there are no valid eningeering arguments for banning trucks on Interstate 0280. Acting Manager noted the Noise Abatement Committee is reviewing the State report and will present its findings to the Council in February. 2. Resolution of the City of Los Altos establishing the unit cost of $235.00 for capacity acquisition in the City of Los Altos treatment facilities. The resolution also establishes a schedule for increased future acquisition charges, based on 7% compound interest. In regard to this future Town district for voluntary acquisition of capacity rights, the City Attorney has confirmed that a letter of transmittal from the Town can be included with the assessment notice, provided the assessment notice is clearly predominant. Acting Manager further noted that the cost involved in sending certified letters to those residents in the Los Altos Basin is estimated at $460.00. -4- STAFF REPORTS: City Manager cont'd 3. Report from Code Enforcement Inspector noting that within the first ten days of his employment, 21 businesses were contacted that were operating without licenses and that to date, six have obtained licenses. Council discussion ensued regarding the requirement of licenses for occasional businesses or hourly workers in Town, and Council concurred that small operators should not be required to obtain a license until the Council has reviewed Ordinance No. 64. Council directed the Staff to agenda discussion of possible amendments to the business license ordinance for the February 3rd meeting. 4. Submitted Quarterly Expenditure Report for the quarter ending December 31, 1968, noting a 21% reduction in General Fund Expenditures to date, when compared to the 1967-68 fiscal year. 5. Called to Council's attention that complaints, which have been confirmed by the Staff, have been received of overgrazing of Byrne Park by the lessee. Staff recommended that the lessee be notified in writing that present conditions violate the conditions of the lease and must be terminated. Council concurred. 6. One of the Town's residents, Mrs. F. Fava, 26691 Moody Road, has been interested in the Town's history and has donated her time to compiling two scrap books dating back to 1956. Council extended their appreciation to Mrs. Fava for her interest and efforts. 7. Called attention to the protest figures for the G1H1 Area (Summerhill) in the County Sanitary Sewer District, indicating that 22 property owners protested, representing a total acreage of 55.5 acres out of 122.7 acres - a 30% protest. At the request of the Staff, Mr. L. W. Morse, Town Consultant, met with County officials to ensure that the Town's sewer policy was being applied. Mr. Morse reported that while the County is adhering to the Town's policy of not forcing residents to connect, our sewer policy, allowing those residents on the periphery of the boundaries to be left out, is not being followed. Mr. Morse further stated that only the Board of Supervisors can authorize complete compliance with the Town's sewer policy and recommended a letter requesting such adherence be hand -carried to the Board of Supervisor's meeting the next day (1/21/69). Council concurred with this recommendation and directed Mr. Lahr to represent the Town at this meeting. STAFF REPORTS: City Engineer. City Engineer reviewed the following items: a) Reported that documents are ready for the Mayorls signature and Council approval for the change in the contract for Sewer Assessment District No. 5, in the amount of $4,405.00, which changes were authorized by the Council on January 16th by Resolution No. 496. Council took no action since funds are available and no Motion required. kw -5- STAFF REPORTS: City Engineer cont'd.: b) Reported Change Order No. 2 to Sewer Assessment District No. 3 in the amount of $6,231.85, due to changes in construction as the district pro- ceeded. City Engineer reported funds are available and recommended approval. Council deferred this matter for action to "Resolutions on the Agenda. c) Requested approval of estimate #9 for $9,145.66, Sewer Assessment District No. 3, which makes project 100% complete, except for retention. The Warrant List was amended to include this warrant. d) Requested acceptance of Sewer Assessment District No. 3 and authoriza- tion from the Council to accept improvements. City Engineer stated there is certification from the Engineer that the job is completed. Mayor Aiken requested that this matter be an agended item of Resolution of Acceptance for the February 3rd meeting so that all property owners may make claims, etc. Council concurred. ,3 -6s - PRESENTATIONS FROM THE FLOOR: 1. Mr. Tony Ritter, Chairman for the Convention/Arena Committee for Santa Clara County, presented an oral report requesting Council support for a study to be made by Stanford Research on a convention center/arena facility in Santa Clara County at a cost of $18,000, which cost would be shared by all cities of Santa Clara County on a population basis. The cost to Los Altos Hills would be approximately $108.00. Mr. Ritter stated the study would include recommendations on the type and size of such facilities, location, methods of financing and description of economic benefits to Santa Clara County. MOTION AND SECOND: Councilman Benson moved, seconded by Helgesson, that the Council appropriate $108.00 toward sharing the cost of a study regarding the convention center/arena facility. Council discussion ensued as to the compatibility of this project with the interests of the Town, with Floor participation by Mrs. F. Olgiati, 25960 Vinedo Lane. Council concurred that this matter should be agended for the February 3rd meeting, that more information should be obtained, and citizen interest determined. Councilman Benson, with consent of the Seconder, withdrew his Motion to expend funds for the study. 2. Mrs. D. A. Miller, 13076 Vista del Valle Court, questioned Town policy regarding Planning Commission appointments and Council abstentions on same. Councilman Davey stated her abstention on the appointment of Commissioner McReynolds was based on the short notice received by the Council of Commissioner Magleby's resignation. Mayor Aiken noted Commissioner Magleby's resignation had been formally announced at the last Council meeting, that the appointment to the vacancy had been regularly agended, and that Commissioner McReynolds was the only person placed in nomination. RESOLUTIONS: 1. City Attorney introduced and read in its entirety Resolution No. 500, X19 amending position classification plan. R3SOLUTIONS cont'd.: Res. #500: MOTION, SECONDED AND CARRIED: Councilman Davey moved, seconded by Benson, that Resolution No. 500 be adopted as read, was carried by the following roll call vote: Ayes: Councilmen Benson, Davey, Fowle, Helgesson, Mayor Aiken. Noes: None. Absent: None. 2. City Attorney introduced and read in its entirety Resolution No. 501, permitting licensing of bicycles. MOTION, SECONDED AND CARRIED: Councilman Benson moved, seconded by Helgesson, that Resolution No. 501 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. 502, approving Change Order No. 2 for Sewer Assessment District No. 3. MOTION, SECONDED AND CARRIED: Councilman Helgesson moved, seconded by Davey, that Resolution No. 502 be adopted as read, was carried by the following roll call vote: Ayes: Councilmen Benson, Davey, Fowle, Helgesson, Mayor Aiken. Noes: None. Absent: None. ORDINANCES: '717 1. Second Reading - Ordinance No. 153, amending Ordinance No. 64 re business licenses. City Attorney read the title of Ordinance No. 153, an ordinance of the Town of Los Altos Hills, amending Ordinance No. 64 relating to business licenses. MOTION, SECONDED AND CARRIED: Councilman Fowle moved, seconded by Helgesson, that further reading of Ordinance No. 153 be waived, was carried by the following roll call vote: Ayes: Councilmen Benson, Davey, Fowle, Helgesson, Mayor Aiken. Noes: None. Absent: None. MOTION, SECONDED AND CARRIED: Councilman Fowle moved, seconded by Helgesson, that Ordinance No. 153 be adopted as read, was carried by the following roll call vote: Ayes: Councilmen Benson, Davey, Fowle, Helgesson, Mayor Aiken. Noes: None. Absent: None. 2. First Reading - Ordinance No. 154, amending class salary schedule for fiscal year 1968-69. City Attorney read the title of Ordinance No. 154, an ordinance of the Town of Los Altos Hills, amending Ordinance No. 140, establishing class salary schedule for the fiscal year 1968-69. MOTION, SECONDED AND CARRIED: Councilman Fowle moved, seconded by Helgesson, that further reading of Ordinance No. 154 be waived, was carried by the following roll call vote: Ayes: Councilmen Benson, Davey, Fowle, Helgesson, Mayor Aiken. Noes: None. Absent: None. OTHER BUSINESS BY COUNCILMEN: ` 1. Discussion of communication from Mr. Donald E. Spencer cont'd.: '76-9 Council discussion ensued, with Floor participation by David Jansson and Donald E. Spencer, re engineering requirements and controls on drainage when changes in improvements are made. -7- OTHER BUSINESS cont'd.: `. City Engineer stated it is the policy of the Town never to dump any water which emanates from public ground on to private property, but to direct it to a natural swale and continue the water on this course. Mayor Aiken requested the City Engineer to review the conditions stated in the Spencer letter to assure adequate protection in the future. WARRANTS: qp 9 MOTION, SECONDED AND CARRIED: Councilman Benson moved, seconded by Helgesson, that bills as presented in the amount of THIRTY-FIVE THOUSAND, FOUR HUNDRED EIGHTY-EIGHT DOLLARS and Twenty-eight Cents ($35,488.28) be approved, and the City Clerk authorized to draw the appropriate warrants, was carried by the following roll call vote: Ayes: Councilmen Benson, Davey, Fowle, Helgesson, Mayor Aiken. Noes: None. Absent: None. ADJOURNMENT: 92.) There being no further business, the Mayor adjourned the meeting at 10:14 P.M. to: NEXT REGULAR MEETING: Monday, February 3, 1969, at 7:45 P. M. at the Town Hall. Respectfully submitted, ) DENNIS R. LAHR Acting City Manager mam-1/20/69 Town of Los Altos Hills LS