HomeMy WebLinkAbout11/18/1968CITY COUNCIL
TOWN OF LOS ALTOS HILLS
MINUTES OF A REGULAR MEETING
November 18, 1968
REEL 13, SIDE 2, TRACK 1 - FOOTAGE 00-1271
Mayor Wm. Ross Aiken called the Regular Meeting of the City Council of the
Town of Los Altos Hills to order at 7:48 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.
APPROVAL OF MINUTES: November 4, 1968.
Councilman Helgesson moved, seconded by Fowle and carried unanimously, that
the Minutes of November 4, 1968 be approved as submitted.
APPROVAL OF MINUTES: November 8, 1968.
Councilman Fowle moved, seconded by Benson and carried unanimously, that the
Minutes of November 8, 1968 be approved as submitted.
4W COMMUNICATIONS:
City Manager read the following:
40 1. Invitation from Santa Clara County Chapter, National Safety Council to
Annual Awards Dinner, Thursday, December 51 1968 in San Jose.
2. Howard R. Schmidt, President Hills Little League, noting fund raising
campaign for development of the Little League site on Purissima Road, and
requesting Council permission for City Manager to apply for a Crosby
Foundation Grant to aid in development of the Little League property.
Council agreed to discuss this matter under "Staff Reports".
ANNOUNCEMENTS:
City Manager read the following:
1. Press release by Mayor Aiken dated November 14, 1968 re proposed County
Sewer Assessment District, noting the following:
a) No sewer construction is proposed in the Magdalena and La Loma areas of
Los Altos Hills.
b) Voluntary reservation of treatment rights is proposed for these areas at
a cost of $252.00 per one acre site.
c) Residents not desiring to reserve capacity, should file a written protest
with the County prior to December 3, 1968 and will be excluded from the
proposed assessment district.
Mayor Aiken noted that the County has advised that an informational meeting
has been scheduled for Tuesday, November 26, 1968, at 7:30 P. M. at Grant
School re proposed County Sewer Assessment District.
(6.
4W ANNOUNCEMENTS cont'd.:
2. Statement dictated November 18, 1968 by James T. Pott, Director of
County Department of Public Works, stating the following:
a) The Department of Public Works will do everything that it can to imple-
ment the Los Altos Hills policy in so far as it is legally possible to do so.
b) A written protest must be filed with the Board of Supervisors, prior to
December 3, 1968 by people in LAH2 and LAH3 who do not desire to be included.
C) With respect to costs, the County has attempted to be on the liberal
side of reason, in the hopes there will be a reassessment downward rather
than the almost impossible situation of reassessment upwards.
d) The legalities of the matter do not appear as have been noted in the
press.
3. Letter and supporting data from Mayor Aiken dated November 18, 1968 to
the Editor of the Palo Alto Times, requesting that the following statement
be printed to clarify inaccuracies published Saturday, November 16, 1968:
"The article concerning sewers in the Palo Alto Times on November 16th
was inaccurate.
1. Los Altos Hills officials did not misinform residents about
sewer costs. Cost estimates given by the Town in September
were the best available from the County at that time. The
higher figures just given by the County, are, again, only
[ preliminary estimates since they are not based on full
engineering studies, and contain what may be excessive right-
of-way costs.
2. Los Altos Hills officials did not misinform residents about
their legal obligations. The County Bond Counsel has re-
affirmed that the Town policy is legally feasible and can
be followed in the portion of the District within the Town.
3. The statement that City Manager Lowell W. Morse failed to
return phone calls concerning the issue is absolutely untrue.
He talked with Times reporter Ryan on both Thursday, and
Saturday morning before press time.
4. There are other misstatements of fact.
Los Altos Hills officials will continue to protect Town residents
in regard to their right to participate on a voluntary basis
according to Town policy."
4. City Attorney stated that he had conducted an investigation regarding
the legality of the Town's sewer policy and that Mr. Philip Assaf, County
Bonding Counsel, confirmed on November 16, 1968 his previous opinion that
the Town's sewer policy was legally feasible and that there was no legal
[ impediment. City Attorney further stated Messrs. Owens and Hill, of the
County Counsel, confirmed November 18th that to their knowledge there were
no legal impediments concerning implementation of the Town's sewer policy.
(
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SCHEDULED ITEM NO. 1: s
PRESENTATION TO COUNCIL OF HUD AWARD TO COUNTY PLANNING POLICY COMMITTEE
f FOR INTER -GOVERNMENT COOPERATION - Mr. Homer Hyde.
Mr. Homer Hyde, City Councilman of the City of Campbell, presented to the
Council the U. S. Department of Housing and Urban Development Award to Santa
Clara County Planning Policy Committee for Inter -governmental cooperation.
Mr. Hyde noted Los Altos Hills had been ably represented on the County
Planning Policy Committee by Councilman Fowle, Commissioner Minckley and
former Mayor Henley.
On behalf of the Council, Mayor Aiken thanked Mr. Hyde for his presentation.
SCHEDULED ITEM NO. 2:
PROTEST HEARING - SEWER ASSESSMENT DISTRICT NO. 5 (Page Mill Estates and
Matadero Hills Subdivisions). e/J
Mayor Aiken declared the Protest Hearing open at 8:11 P. M. and noted that
George Cook was present,
representing Charles S.
McCandless
& Co., City
Engineer.
City Manager read the following
letters of protest to inclusion
in Sewer
Assessment District No. 5:
a) Constance Ryan Boasso
14100 Amherst Court
Assess.
#36,
Lot
# 6,
Tr.3306
b) Wilton R. Abbott
27899 Via Ventana
Assess.
#54,
Lot
#13,
Tr.3659
c) Robert B. Johnson
14122 Amherst Court
Assess.
#37,
Lot
# 7,
Tr.3306
d) Fred L. Carrilo
14225 Amherst Court
Lot
#17,
Tr.3306
e) Dale A. Mrazek
2052 Jardin Drive,
Assess.
#57,
Lot
#35,
Tr. 3659
Mountain View
f) Tetsu Morita
27955 Briones Way
Assess.
#58,
Lot
#34,
Tr.3659
The City Manager also read the following communications:
1) Gene F. Straube, 27676 Via Cerro Gordo, Lot #30, Tract #3659, and Donald
L. Davis, 27724 Via Cerro Gordo, Lot #31, Tract #3659, requesting that
their lots be included in Sewer Assessment District No. 5.
2) Gayton Germane, 28168 Radcliffe Lane and Ernest Bouskos, 28100 Radcliffe
Lane, proposing an alternate sewer line location to serve lots #49 and
#50, Tract #3306, City Engineer stated the request was reasonable and
could be accommodated. Council concurred.
Mayor Aiken inquired if there were additional written protests to be filed
and none were presented.
City Manager reviewed Resolution No. 469, regarding Town sewer policy, noting
future connectees will not receive similar benefits at a lesser cost than
that paid by the original participants in a district, and that the Tom
intends to use funds received from future connectees to the benefit of all
members of the district as originally formed.
Council discussion ensued concerning implementation of the Town's sewer
policy, application of funds received from future connectees and proposed
boundaries of Sewer Assessment District No. 5, with Floor participation by
Frank W. Saul, Tetsu Morita, Gene F. Straube, John Knox, 2480 Murdoch Court,
Palo Alto, Daniel Alcala, 301 Edlee Avenue, Palo Alto, W. Jones, 12600 Page
Mill Road, and Arnold Nelson, P. O. Box 188, Twain Harte, California.
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40 SCHEDULED ITEM NO. 1 cont'd.: Protest Hearing, S.A.D. #5
The following points were clarified during Floor participation:
1. Future connectees to the sewer lines will have to make a cash payment of
an amount equal to the original assessment, plus additional costs of
tying into the lines.
2. Pursuant to the Town's sewer policy, participation in the district is on a
voluntary basis.
3. An annual maintenance charge of $90.00 has been established by the Town.
This service charge will apply only for actual usage of the sewer facility.
4. Payments by future connectees will go to offset maintenance costs, treat-
ment plant expansion costs, etc., for those in the district.
At 9:05 P. M., Mr. Tetsu Morita, Lot #34, Tract #3659, requested his written
protest be withdrawn.
City Attorney stated that the Council could not officially make changes in
the district at this time and noted that the Council would have proposed
changes before it at a hearing in December, to be set later in the meeting
by resolution.
Following discussion with the Attorney, Council concurred to review all
letters of protest individually and provide instructions for the Engineer.
City Manager reviewed the following letters of protest:
4 1) Fred L. Carrilo, Lot #17, Tract #3306. City Manager stated that this
lot was not within the proposed boundaries of Sewer Assessment District
#5, would not be assessed and therefore was not an official protest.
2) Tetsu Morita, Lot #34, Tract #3659. City Manager reiterated that this
protest had been withdrawn by Mr. Morita at 9:05 P. M.
3) Constance Ryan Boasso, Lot #6, Tract #3306 and Robert B. Johnson, Lot #7,
Tract #3306. City Engineer stated that in conformance with the Town's
sewer policy, these adjacent lots would not connect nor receive benefit
from Sewer Assessment District #5.
City Council concurred without objection to instruct Staff to adjust the
boundaries to exclude lots #6 and #7, Tract #3306 from Sewer Assessment
District #5.
4) Wilton R. Abbott, Lot #13, Tract #3659. City Engineer stated that Mr.
Abbott had been interested in connecting to a future line along Via Ventana,
however, it now appears that no line will be so constructed in the future
and that lot #13 would have to use S.A.D. # 5 lines to obtain benefit.
Council requested City Manager to contact Mr. Abbott for clarification
of his protest.
5) Dale A. Mrazek, Lot #35, Tract #3659. City Engineer stated that pursuant
to the Town's sewer policy, the lot can be physically excluded by deleting
the sewer line, would not connect and would have no benefit.
Councilman Fowle stated that it should be made clear to Mr. Mrazek that the
cost to connect at a later date will be much higher, since the main would
have to be extended as well as the individual connections and laterals.
`,. Council concurred without objection to instruct the Staff to adjust
the boundaries to exclude Lot #35, Tract #3659 from S.A.D. #5.
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4 SCHEDULED ITEM NO. 1 cont -d.: Protest Hearing, S.A.D. # 5
6) city Engineer stated Lots #30 and #31, Tract #3659 and Lot #12, Tract
#4020, requested inclusion in S.A.D. #5 and that preliminary studies
indicate these lots can be reasonably served by S.A.D. #5.
Frank W. Saul stated that Lot #19, Tract #3659, desired to be included
in S.A.D. #5. City Attorney stated that the last action the Council
would take at the meeting would be to give notice of intent to make
changes and that all proposed inclusions would be entitled to legal
notice of assessment and the opportunity to protest inclusion in
S.A.D. #5 at the hearing to be set for December 16th.
Council concurred without objection to instruct the Staff to adjust the
boundaries to include Lots #19, 30, 31, Tract #3659, and Lot #12,
Tract #4020, in S.A.D. #5.
4) Wilton R. Abbott, Lot #13, Tract #3659 CONTINUED: City Manager returned
from a phone conversation with Mr. Abbott and stated that Mr. Abbott would
like to officially withdraw his written protest to S.A.D. #5, but re-
quested that the record show that he was not particularly happy with the
way this district was formed. City Manager noted Mr. Abbott's concern
was based on the non-contiguous boundaries of the district and further
noted that this had been done for reasons of economy.
4r City Engineer stated that Lots #6 and #7, Tract #3306, and Lot #35, Tract
#3659, constitute the only official protests to S.A.D. #5 and that these
` lots constitute a 5% protest of the total acreage within district boundaries.
` City Attorney stated that the Council must overrule these protests at this
time to conform with State Statutes.
Mayor Aiken stated that although the Council was pioneering in the field of
assessment proceedings, they must closely follow legal procedures. Mayor
Aiken further stated that the Council could not legally make changes at
this meeting to allow exclusions, but that they were on record to do so as
soon as the law allows. Mayor Aiken noted the legal formality to exclude
protestants will occur at the next hearing to be set for December 16, 1968.
City Engineer presented evidence regarding Sewer Assessment District #5, 5-7IP
reviewing each sewer line to be constructed and the benefit to be conferred
upon each lot within district boundaries. City Engineer stated that based
on said evidence, he had found that each lot within the boundaries would
receive a special benefit of $2,800 to each lot and that each lot would be
benefited equally.
There being no further comments from the Floor, Mayor Aiken declared the
Protest Hearing closed at 9:45 P. M.
RESOLUTIONS RE S.A.D. #5: 6 5Z
Resolution No. 490
` City Attorney introduced and read in its entirety Resolution No. 490, a
resolution of the City Council of the Town of Los Altos Hills overruling
protests under Resolution of Intention No. 480, S.A.D. #5.
NOTION, SECONDED AND CARRIED: Councilman Helgesson moved, seconded by
Benson, that Resolution No. 490 be adopted as read, was carried unanimously
by the following roll call vote: Ayes: Councilmen Benson, Davey, Fowle,
Helgesson, Mayor Aiken. Noes: None. Absent: None.
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SCHEDULED ITEM NO. 1 cont'd.: Protest Hearinu, S.A.D. #5
Resolution No. 491 � 4,P
City Attorney introduced and read in its entirety Resolution No. 491, a
resolution and order adopting Engineer's report confirming the masse snment and
ordering the work and acquisitions, S.A.D. #5.
MOTION, SECONDED AND CARRIED: Councilman Helgesson moved, seconded by
Benson, that Resolution No. 491 be adopted as read, was carried unanimously
by the following roll call vote: Ayes: Councilmen Benson, Davey, Fowle,
Helgesson, Mayor Aiken. Noes: None. Absent: None.
City Attorney reviewed bids previously submitted to the Council on November 4,
1968. City Attorney stated that the low bidder, Doss Construction Co. of
Mountain View, had miscalculated unit costs and had asked to be relieved of
their bid without being penalized. City Engineer and City Attorney recom-
mended approval of this request.
MOTION, SECONDED AND CARRIED: Councilman Fowle moved, seconded by Helgesson
and carried unanimously, that the City Council allow Doss Construction Co.
to withdraw their bid.
City Attorney stated that the low responsible bidder was Joseph R. Ramos,
with a bid of $86,835.00, which was considerably below the Engineer's
estimate of $105,727.00, and recommended that the bid be awarded.
Resolution No. 492
4W City Attorney introduced and read in its entirety Resolution No. 492, a
resolution of award of contract, S.A.D. #5.
MOTION, SECONDED AND CARRIED: Councilman Davey moved, seconded by Helgesson,
that Resolution No. 492 be adopted as read, was carried unanimously by the
following roll call vote: Ayes: Councilmen Benson, Davey, Fowle, Helgesson,
Mayor Aiken. Noes: None. Absent: None.
Resolution No. 493
City Attorney introduced and read in its entirety Resolution No. 493, a
resolution designating collection officer, S.A.D. #5.
MOTION, SECONDED AND CARRIED: Councilman Davey moved, seconded by Helgesson,
that Resolution No. 493 be adopted as read, was carried unanimously by the
following roll call vote: Ayes: Councilmen Benson, Davey, Fowle, Helgesson,
Mayor Aiken. Noes: None. Absent: None.
Resolution No. 494
City Attorney introduced and read in its entirety Resolution No. 494, a
resolution of intention to make changes and modifications, S.A.D. #5.
MOTION, SECONDED AND CARRIED: Councilman Davey moved, seconded by Benson, that
Resolution No. 494 be adopted as read, was carried unanimously by the follow-
ing roll call vote: Ayes: Councilmen Benson, Davey, Fowle, Helgesson,
Mayor Aiken. Noes: None. Absent: None.
4. Council concurred that Staff should notify the owners of Lots #6 and #7,
Tract #3306, and Lot #35, Tract #3659, that they would receive a notice of
L assessment but that this would be changed at the Hearing now officially set
for December 16, 1968.
City Attorney announced that the procedures had been completed.
RECESS - 10:03 P. M.
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RECESS ENDED AND MEETING RECONVENED: 10:15 P. M.
Go SCHEDULED ITEM NO. 3: 7 65
DISCUSSION OF PROCEDURES FOR RECRUITMENT OF A CITY MANAGER.
City Manager, Lowell W. Morse, recommended that the Council work through the
League of California Cities Eligibility List, as well as through the City
Manager's Department of the League of California Cities. He further recom-
mended that the cut-off date for applications should be set for December 15,
1968, and that the Council could schedule interviews following December 15th.
MOTION, SECONDED AND CARRIED: Councilman Helgesson moved, seconded by Benson
and carried unanimously that the Council proceed on the basis of the City
Manager's recommendations.
Council concurred the appointment of an Acting City Manager should be agended
for the December 2nd meeting.
SCHEDULED ITEM NO. 4:
CONSIDERATION OF CREATION OF POSITION OF "CODE ENFORCEMENT OFFICER". H 75
City Manager reviewed the merits of the proposed position, emphasizing the
following:
1) The position would involve no police work nor jurisdictional problems
with the County Sheriff's Department.
2) The man would be equipped with a city -owned vehicle and radio.
3) That the presence of this officer should serve as a detexrent to daylight
burglaries.
6 4) That the officer should pay his own way through the enforcement of
business license regulations.
5) The position's proposed salary range would be $783-951 per month.
Mayor Aiken noted the position could have a major impact on reducing grading
violations in the Town.
Council discussion ensued concerning proposed duties of the officer, estimated
costs to the City, and advantages of the proposed position, with Floor
participation by: Mrs. E. Ronsiek, Messrs. Ken Young, G. Germane, Dale
Mrazek, and C. D. Marron, representing County Sheriff's Office.
Council concurred as follows:
a) Designation of the position as an "inspector" rather than 'officer' would
be more accurate.
b) That the inspector's days off should be staggered to allow better coverage
on week -ends.
c) That the position might not pay its own way, but would possess considerable
value to the community.
d) That an evaluation of the effectiveness of the position would be desirable
at the end of a six months period.
City Attorney introduced and read in its entirety Resolution No. 489, a
resolution of the City Council of the Town of Los Altos Hills, amending
position classification plan.
NOTION, SECONDED AND CARRIED: Councilman Benson moved, seconded by Helgesson,
that Resolution No. 489 be adopted as read, was carried unanimously by the
following roll call vote: Ayes: Councilmen Benson, Davey, Fowle, Helgesson,
4W Mayor Aiken. Noes: None. Absent: None.
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SCHEDULED ITEM NO. 4 cont'd.: Code Enforcement Officer
04W u_
City Attorney introduced and read the title of Ordinance No. 152, an ordinance
amending Ordinance No. 140, establishing class salary schedule for the Town
of Los Altos Hills for the fiscal year 1968-69.
MOTION, SECONDED AND CARRIED: Councilmen Benson moved, seconded by Helgesson,
that further reading of Ordinance No. 152 be waived, was carried unanimously
by the following roll call vote: Ayes: Councilmen Benson, Davey, Fowle,
Helgesson, Mayor Aiken. Noes: None. Absent: None.
UNSCHEDULED ITEM NO. 4
DISCUSSION OF ROLE OF REGIONAL GOVERNMENT. %/ 7b
Councilman Benson requested that this item be deferred to the December 2nd
meeting, and requested Staff to distribute letter to Council from the Mayor
of Monte Sereno re the role of Regional Government.
Council concurred that Town representatives would continue to not vote on
this issue at ABAG meetings until receiving Council direction.
STAFF REPORTS:
1) City Manager - reviewed the request of Hills Little League for assistance /203
re Crosby Foundation Grant to aid in development of Little League property.
Council concurred to agenda this item for December 2nd.
2) City Attorney - reviewed the claim of Marilyn Palm against the Town
regarding damage to her automobile occurring October 11, 1968. City Attorney
recommended that the claim be denied.
MOTION, SECONDED AND CARRIED: Councilman Davey moved, seconded by Helgesson
and carried unanimously, that the claim of Marilyn Palm vs the Tow of
4W Los Altos Hills be denied.
M
UNSCHEDULED ITEMS 1 and 2:
ley
1. GOATES, FLOYD W. (UP -306-68) - Request for Use Permit for Secondary
Dwelling and three variances at 13730 Burke Road.
2. BEAVER, H. J. (349-68) - Appeal of Planning Commission Denial for Change
of Access to Arastradero Road for Lots #5, 7, 8, Tract #2093.
City Manager stated both the above applicants had requested postponement
and recommended both these items be agended December 2nd. Council concurred.
UNSCHEDULED ITEM NO. 3:
PAGE MILL ESTATES (350-68) - Convey .078 acres from lot #19 to lot #22, and
��ys
relocate lot line between lots #44 and #45, Tract #3306, Liddicoat Drive.
Staff report was presented, noting the Planning Commission unanimously
recommended approval of the lot line changes and that a request to file a
6
Par8e1 Map was included.
MOTION, SECONDED AND CARRIED: Councilman Davey moved, seconded by Benson and
carried unanimously, that the Tentative Map of Page Mill Estates (350-68)
be approved, subject to the conditions of the Check List.
UNSCHEDULED ITEM NO. 4
DISCUSSION OF ROLE OF REGIONAL GOVERNMENT. %/ 7b
Councilman Benson requested that this item be deferred to the December 2nd
meeting, and requested Staff to distribute letter to Council from the Mayor
of Monte Sereno re the role of Regional Government.
Council concurred that Town representatives would continue to not vote on
this issue at ABAG meetings until receiving Council direction.
STAFF REPORTS:
1) City Manager - reviewed the request of Hills Little League for assistance /203
re Crosby Foundation Grant to aid in development of Little League property.
Council concurred to agenda this item for December 2nd.
2) City Attorney - reviewed the claim of Marilyn Palm against the Town
regarding damage to her automobile occurring October 11, 1968. City Attorney
recommended that the claim be denied.
MOTION, SECONDED AND CARRIED: Councilman Davey moved, seconded by Helgesson
and carried unanimously, that the claim of Marilyn Palm vs the Tow of
4W Los Altos Hills be denied.
M
4
`r ORDINANCES: /7417
1) S cond Reading - Ordinance No. 151 re amending the zoning map of Town of
Los Altos Hills by rezoning State property from R -A District to OSR District.
City Attorney introduced and read the title of Ordinance No. 151, an ordin-
ance of the Town of Los Altos Hills, amending Ordinance No. 78 of said Town,
as amended, by amending the zoning map of said Town by rezoning State
property from R -A District to OSR District.
MOTION, SECONDED AND CARRIED: Councilman Davey moved, seconded by Benson,
that further reading of Ordinance No. 151 be waived, was carried unanimously
by the following roll call vote: Ayes: Councilmen Benson, Davey, Fowle,
Helgesson, Mayor Aiken. Noes: None. Absent: None.
MOTION, SECONDED AND CARRIED: Councilman Davey moved, seconded by Benson,
that Ordinance No. 151 be adopted as read, was carried unanimously by the
following roll call vote: Ayes: Councilmen Benson, Davey, Fowle, Helgesson,
Mayor Aiken. Noes: None. Absent: None.
WARRANTS:
MOTION, SECONDED AND CARRIED: Councilman Benson moved, seconded by Helgesson,
that the bills as presented in the amount of TWENTY-THREE THOUSAND, SIX
HUNDRED THIRTY-TWO DOLLARS and One Cent ($23,632.01), be approved and the
City Clerk authorized to draw the appropriate warrants, was carried by
t the following roll call vote: Ayes: Councilmen Benson, Davey, ,
Helgesson, Mayor Aiken. Noes: None. Absent: None.
At 11:07 P. M., Council adjourned to Executive Session re Personnel and
Litigation matters.
At 11:47 P. M., the meeting was reconvened. Mayor Aiken inquired if there
were any further business from the Floor or Council, and there being none,
the meeting was adjourned at 11:48 P. M. TO:
NEXT REGULAR MEETING: Monday, December 2, 1968, at 7:45 P. M. at the
Town Hall.
Respectfully submitted,
)
DENNIS R. LAHR
City Clerk -Treasurer
DRL/mam Town of Los Altos Hills
11/18/68