HomeMy WebLinkAbout03/06/1967CITY COUNCIL
TOWN OF LOS ALTOS HILLS
MINUTES OF A REGULAR MEETING
March 6, 1967
The Regular Meeting of the City Council of the Town of Los Altos Hills was
called to order by Mayor Albert T, Henley on Monday, March 6, 1967 at
7:56 P. M. at the Town Hall, 26379 Fremont Road, Los Altos Hills, California.
ROLL CALL: PRESENT: Councilmen Aiken, Davey, Fowls, Mayor Henley
ABSENT: None
PLANNING COMMISSION REPRESENTATIVE: Commissioner Gordon S. Bowler
APPROVAL OF MINUTES: February 20, 1967
Corrections:
1) P. 6, PRESENTATIONS FROM THE FLOOR, Item 1:
Correct "Natures"' to 'Nature' and omit last
sentence.
2) P.'6, PRESENTATIONS FROM THE FLOOR, Item 2:
Omit name of "Mr. M. R. Johnson" and correct
to read "Mrs. P. Weisbart".
3) P. 4, CITIZENS" DRAINAGE COMMITTEE REPORT, correct
last line of 2nd para, to read "Planning Commissioner".
4) P. 4, ANNOUNCEMENT, correct date to read "1967".
5) P. 7, OTHER BUSINESS, Item 3, omit last sentence
of 3rd para.
6) P. 5, PROPERTY PURCHASE, Item 5, 1st para., add
'time" to end of 5th line.
ACTION:
Adopt Minutes of February 20, 1967 as corrected.
MOTION: Davey; SECOND: Aiken
VOTE: Passed unanimously.
COMMUNICATIONS:
1., City Manager reportedthatcommunications had been received from
Assemblyman George W. Milias and State Senator Clark L. Bradley, noting
the Town's resolution regarding the designation of Junipero Serra
Freeway as a "Scenic Highway" and both stating they would be happy to
introduce such bills to the Legislature.
2._ City Manager read letter dated February 15, 1967 from William T. Powell,
realtor representing owner of Lot #6, Summit Wood Road, and requesting
consideration by the Town for a variance which will allow a hone to be
built upon the existing plateau area.
It was the recommendation of the Staff that the City Attorney be
instructed to write Mr. Powell, informing him that the proper procedure
f would be to come before the Planning Commission. Council concurred, and
'.....-� the Mayor so directed the City Attorney.
COMMUNICATIONS Cont'd.:
3. Invitation to the City Council and Planning Commission to attend the
Pathways Committee meeting on Thursday.. March 16th, at 7:30 P, M, at
the Town Hall, to discuss the priority path list.
SCHEDULED ITEM•
1. Continuation of Budget and Accounting System Discussion.
Continuing from the Council Study Session at 7:00 P. M. before this
regular meeting in which accounting procedures and an accounting
machine were reviewed, the City Manager read his memorandum dated
February 20, 1967 to the City Council relating to Budget Format,
Establishment of Special Funds and Budget Calendar, and explained
step-by-step the proposed budget format for the 1967-68 fiscal year.
City Manager explained that in order to proceed with this type of
budget format, it would be necessary to acquire the accounting machine.
Council deferred action on the budget format to Item 12 of. the Agenda
n order to obtain additional cost information on the accounting machine.
2. Discussion of Policy for Overflowing Septic Tanks.
At the invitation of the City Attorney, Messrs. Rallis, Pearl and
Nardini, of the Santa Clara County Health Department, were present to
discuss the matter of individual sewage problems within the Town and
_ make a brief statement of their position and feelings: The policy of
the County Health Officer and the County Health Department is that all
urban areas shall be sewered.
Mr". Pearl further stated the only real solution is sanitary sewers and
since the Town of Los Altos Hills has taken a stand on sewers and steps
which represent a sincere effort and progress to bring about a sewer
system, the policy of his Department in regard to the number of violations
is to work with the violators with reasonable application of the law by
exhausting every alternative instead of bringing .about legal action
which would work a hardship on the person with an overflowing tank.
Mr. Pearl stated the alternatives that exist are: 1) using additional
land for temporary disposal; 2) Health Department to transmit a list of
all deep wells to the Water Quality Control Board so that anindividual
can apply for use of a deep dry well, with a report of the .proposed
discharge; 3) resort to periodic pumping and secure continuing relief
at least through the summer, and 4) seek abatement and possible vacation
of premises.
Mr: Pearl suggested there be a progressive community effort with the
Health Department to work out the least expensive solution and if agreed
there is progress for an interim or temporary solution, then the
Department would hold any further action in abeyance; if they were of the
opinion there had been no progress and the violation was obvicusly
continuing, then only court enforcement is left.'
The Mayor instructed the City Attorney to cooperate to the fullest with
1 the Health Department in contacting the violators in an attempt to work
out an interim solution without legal action by enforcing Ordinance No. B.
The Mayor extended the thanks of the Council for their attendance and
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SCHEDULED ITEMS Cont'd.:
3. Sewer Assessment District No. 2.
Engr. Nachtsheim reported the engineering plans and diagrams for Sewer
Assessment District No. 2 are proceeding on schedule and that the
Resolution of Intent will be presented at the March 20th meeting and
that a Public Hearing will be held on April 3rd to present the
Engineer's Report and contract documents, at which time protests may be
heard.
1. On behalf of the Los Altos Hills Association, Mr. Donald A. Spencer
extended an invitation to the City Council, Planning Commission and
other City Officials to attend the first session of the newly formed
Los Altos Hills Association Forum, to be held at the Fremont Hills School,
at 8:00 P. M., Thursday, March 9th. Dean Richard Jahns will speak on
"How to Live with Earthquakes, Landslides and Floods". Forums are open
to the public.
UNSCHEDULED ITEMS•
1. Request to Reduce Cash Deposit - Sunrise Farms Subdivision, Tract #4180,
(Black Mountain/Natoma Roads).
City Manager read letter dated February 24, 1967 from City Engineer
_ recommending that the request for reduction of the cash deposit to ten
\� percent of the actual cost of the public improvements be approved.
-" City Manager concurred with this recommendation.
ACTION:
That the request of Sunrise Farms Subdivision, Tract
No. 4180, to reduce cash. deposit be approved.
MOTION: Fowle; SECOND: Aiken; VOTE: Passed unanimously.
2. Mathews. Robert (BSA -37-67) - Building Site Approval ( E1. Monte Road ).
Staff report was read by City Manager, noting the City Engineer's
approval conditional upon a site development plan being, filed and
approved, that a soils test be conducted with recommendations for
grading, and that a parcel map be filed.
Councilman Aiken commented he would like to personally inspect the lot
before voting since it is steep land in a problem area.
Planning Commissioner Bowler (Council representative) was of the opinion
the Planning Commission did not receive a satisfactory answer as to why the
two lots were builtupon and existing in spite of the fact the Final Map
had not been recorded and vanished. City Attorney stated it is the Town's
responsibility not to issue a building permit until the Final Map is
recorded, and pointed out no additions can be made to these two lots withous
prior building site approval.
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NN$CHEDULED ITEMS: Mathews cont'd.:
ACTION:
�) That the request of Robert Mathews (BSA-37-67) for
building site approval be approved as submitted,
subject to all of the requirements as set forth by
the Planning Commission, including specifically a
soils test and engineering approval of the drainage
design, and that the Engineer specifically determine
there is one acre net.
MOTION: Fowle; SECOND: Davey
ROLL CALL: AYES: Davey, Fowle, Mayor Henley
NOES: None
ABSTAINED: Aiken
ABSENT: None
Councilman Aiken stated he abstained from voting as he wanted to
inspect the site personally as it is at an old quarry and possibly a
problem area.
3. Cox, Joseph H. .(328-66) 2 lots. Consideration of Access (Ravensbury/
Lomita Linda).
Engr. Nachtsheim read letter dated February 24, 1967 from the
McCandless Office regarding their recommendations on the Cox subdivision.
City Manager recommended that this matter be referred to the Planning
Commission since a change of access is involved.
ACTION:
Refer Mr. Cox's request to the Planning Commission
for .their advice.
MOTION: Davey; SECOND: .Fowlk.
Commissioner Bowler requested the Council to clarify the specific points
at issue. Council suggested consideration of the reservations of the
City Engineer regarding access from Ravensbury (letter of Feb. 24th),
'consideration of possible access from Camino Hermoso, and revisions
to map as to correct names and misspelling of 'Canino Hermosa'.
TheQuestionwas called: VOTE: Passed unanimously.
4. Report on Negotiations with City of Palo Alto re Sewer Agreement.
City Manager reported that the Staff and Councilman Fowle net with the
Palo Alto Finance Committee to once again consider the possibility of
entering into an agreement with the City of Palo Alto for sewer
service for a portion of the Town. City Manager further reported the
discussion was general, but did result in the Finance Committee request-
ing each Staff to work up a contract agreement so that the reports can
be combined and submitted to the Palo Alto Finance Committee on March 28th.
City Manager emphasized that the discussion is still at the negotiation
stage but that he would keep the Council informed.
The Mayor pointed out that a firm report from the Sewer Committee should
be received before any agreement is reached.
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Ur3SCHEDULED ITEMS ContI d.:
5, Status Report - Sewer Committee.
Chairman C. A. Walter, Jr, reported there have been two meetings of the
Citizens Committee studying sewers, one organizational, and one working
meeting at which time the City Engineer was heard, On, subsequent
meetings, the Committee will hear from Dr. Winneberger, representatives
from the County Health Department, a financial consulting firm, and the
'dater Quality Control Board, Following these presentations, the Com-
mittee will try to come to a conclusion. Meetings will be held every
Tuesday evening through April 18th (exception: Aprilllth), at 8:00 P. M.
at the Town Hall, to which all citizens are invited,
6. Presentation of Plans for Robleda-Chapin Intersection - City Engineer.
Due to a cave-in on Chapin Road and the width being reduced to one lane,
.Engr, Nachtsheim presented plans to eliminate this dangerous intersection
and at the same time qualify as a gas tax project. At the present timei
Chapin Road is a part of the Select Street System.
The Mayor adjourned the meeting at 10:02 P. M. for recess so that the
audience might review the plans. At 10:10 P, M., the Mayor reconvened
the meeting.
Engr. Nachtsheim explained that in order to qualify for matching credit for
gas tax funds under the Collier -Unruh Act, all plans must conform to the
State's requirements (121 minimum traveled lane width) and that the reason
-1 for the plans being before the Council is that the Town's adopted road
standards are deficient (being a difference of 2' road width) under the
Unruh standards, and the Town can ask for a ruling based on these plans
conforming to the Town's standards. Since the City Engineer estimated
the total cost of the project to be approximately $26,000, Council dis-
cussed such alternatives as appropriate signing, fencing, retaining wall
and the possibility of making Chapin Road one way in order to reduce the
hazards without a large expenditure of funds; and then, if no alternative
exists, the plan could be submitted to the State for approval of this
variance to the State standards.
Staff was instructed to informally approach the residents to see if there
would be any objections to a one -may street and the Mayor deferred this
matter to the next meeting of March 20th,
7. Discussion of Surplus Property Purchase from State of California.
City Manager recommended that the following State surplus properties be
considered by City Council for acquisition by the Town:
1) Parcel at intersection of Purissima & Roblada, .32 acres
appraised at $1,600.00 1
2) Parcel on Horseshoe Lane, .683 acres, appraised at $4,440.00
The City Manager also reported the Path Committee has expressed interest
in two 10 -foot easements and he has requested appraisals on them,
UNSCH,DULED IT MS: State Surplus Property cent I d.:
City Manager stated that the Division of Highways will delay action
on these properties for one month and recommended that this list be
submitted to Chairman Bowler of the Parks and Recreation Cmimittee.
The Mayor so directed.
Q. City Attorney - Report: Laws concerning Meeting Notice.
City Attorney explained that the proposal to adopt Resolution No. 383
was to bring the Town into conformity with the Brown Act by calling for
minimum notice of 24 hours for special Council and Planning Commission
meetings (existing Town resolution calls for three days notice).
Councilman Aiken questioned whether the Brown Act of 25 hours was binding
on the Council and the City Attorney reported it becomes a question of
whether the State has pre-empted the field in this matter and since
there has been no specific direction from the legislature, it was his
conclusion that the State has been occupying this field and would require
the 24 hour notice.
.Councilman Davey was of the opinion the Town should bring Town policy
.into requirement with State legislature, and the matter was deferred to
under "Resolutions" for adoption of Resolution No. 383.
9. City Attorney Report on Proposed Brown Act Revision.
City Attorney emphasized that any meeting of the Council, Planning
Commission, Path Committee. Sewer. Committee, etc. without proper notice
is a punitive act.
City Attorney reviewed a proposed amendment to the Brown Act, offering
his opinions and requesting the views of the Council:
1. All the provisions of the Brown Act must be literally construed by
the courts to accm.plish the purposes of the Act ......... City Attorney
opposed to "Must be literally construed'!.
2. All meetings of any committee or subcommittee, if composed of two or
more members of a legislative body, must be open and public and the
special notices required for any special meeting given as required by
the Act for special meetings of the legislative body.......City Attorney
opposed to the number of members.
3. Notice must be given to officers or employees of their right to a
public hearing in connection with complaints or charges brought against
them....... City Attorney opposed to word "Notice".
4. Executive sessions cannot be held with the city attorney unless such
consultation relates to litigation to which the city is a party or to
claims filed against the city under the liability provisions of the
Government Code........ City Attorney opposed, since public interest
would be disserved.
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UNSCHEDULED -ITEMS: Brown 'Act Revisions Proposed contl.d.:
5. Executive. sessions can only beheldduring aregular or special
meeting and an announcement of the matter to be discussed at the executive
session shall be .made prior to the regular • meeting or included in the
notice which must be given for a special meeting..... City. Attorney
opposed to revision as being detrimental to public interest.
6. Any "deliberation" which is not defined must be conducted publicly at
the regular or special meeting....... City Attorney opposed as being too
vague to be possible of understanding or enforcement.
Council concurred on the general approach taken by the City Attorney.
10. Report of City Engineer...... None.
11. Report of City Attorney.
1, City Attorney reported that an appeal was not filed in the
criminal case of the truck ordinance and the decision for the Town
will stand.
12. Report of City Manager.
1. The City Manager referred to his Monthly Report, which was before the
Council, and reported that the Town Crier has agreed to publish a
City Manager's Report every other week, without_ cost, whichwill
be read by 701 Los Altos Hills paid subscribers. With this source
of information and the continued posting of the report, the City
Manager believed this would be a big step toward keeping the public
well informed.
2. City Manager referred to Pathways Committee Report to the Planning
Commission and Town Council dated February 23, 1967 and notice of
Pathways. Committee meeting with Planning Commission and Council on
Thursday, March 16th, at 7:30 P. M. at the Town Hall.
3. Actual cost estimates of accounting machine..... City Manager reported
on the financing of the accounting machine and that the total cost
would be $6,547.20, payable on a lease/purchase basis of $122`.81 per
month for five years,. at which time, title will be turned over to
the Town, This is a complete accounting machine - payrolls, accounts
payable, job costs, vehicle costs, preparation of the 941 reports,
W-2 forms, etc., and is a double entry bookkeeping machine, which is
tied in with the proposed budget format.
It was the recommendation of the City Treasurer and City Manager that
the Town enter into -an agreement for payment to the Bank of America
the sum of $122.61 per month, effective July 'lst, 1967,. on a lease/
purchase basis, which can be terminated by the Town at the and of
any one year.
ACTION:
That the City Council adopt the recommendations- of the
City Manager and proceed to effect a contract in. line
with the above recommendation.
MOTION: Fowle7.S2COND: .Davey; VOTE: Passed unanimously.
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UNSCHEDUL4D ITEMS Cont -d: City Manager's Report cont'd.:
.� 4. Office Copying Machines...... City Manager submitted the following
information: -
3M Tbermo-Fax "Secretary" copying Machine Model 45C at cost
of $389.00 (laminates, prepares paper offset plates,
transparencies, and black and white copies in 4 seconds)
3M Dry Photo -Copier 11107" Office Model at cost of $359.00
(copies from all colors, any size original, copies from bound
volumes)
City Manager explained these two machines would cover all reproduc-
tion needs and could be purchased without over -spending the budget.
Following discussion, Council concurred that the "Secretary"
copyingmachine is needed, but deferred action on the 11107" for
justification of this; further expense. '
ACTION:
Authorize the purchase of the 3M Thermo -Fax
"Secretary" copying machine Model 45C.
MOTION: Davey; SECOND: Fowle
ROLL CALL: AYES: Aiken, Davey, Fowls, Mayor Henley
NOES: None
ABSENT: None
5. 'City Manager reported that Councilman Davey attended an all day
meeting of the Association of Bay Area Government on February 24th,
as well as a League of California Cities meeting. on Home Rule on
March 3rd.
PRESENTATIONS FROM THE FLOOR:
1. Mrs. Barbara Eastman submitted to the Council a report from Harold
Santee to the Board of Education of the Palo Alto Unified School District
dated March 2, 1967, regarding sale of school property and Agenda of
said District for this same evening, March 6th, to consider "sale of,sites"a
Mrs. Eastman reported she had spoken with Mr. H. F. Koenig, Business
Manager of the Palo Alto Unified School District and that the school
site of 7.44 acres has been found surplus, to be soldat a minimum
price of $75,000. If Los Altos Hills is interested in this site, the
Town will be allowed a period of thirty days in which to submit a
proposal. Mrs. Eastman suggested leasing this property while a study is
.being made.
The Mayor directed that the matter bereferred to Chairman Bowler, of the
Parks and Recreation Committee, to determine whether this site would
fit in with the Town's plans and to submit ideas on how to lease and
reserve for public use.
RESOLUTIONS:
1. Resolution'No. 383 - City Attorney presented and read in its entirety
Resolution No. 363, a resolution of the City Council of the Town of Los
Altos Hills amending Resolution No. 375 of said Council relating to
Council procedures.
ACTION•
Adopt Resolution No. 383 as read.
MOTION: Davey; SECOND: Fowle
ROLL CALL, AYES: Aiken, Davey, Fowls, Mayor Henley
NODS:, None
ABSENT: None
2.. Resolution No. 386 -,City Attorney presented and read in its entirety
Resolution No. .366, a resolution of the City Council of the Town of
Los Altos Hillsproviding for consolidated precincts, election officers,
and polling places for aSpecial Municipal 3lection to be held April 11,
1967.
ACTION:
Adopt Resolution No. 386 as read.
MOTION:. Davey; SECOND: Aiken
ROLL CALL: AYES: Aiken, Davey, Fowle, Mayor Henley
NOBS: None
ABSENT: None
WARPANTS•
lo Bills, in the amount of FOUR THOUSAND 5VBN HUNDP.ED AND SEVBNTBL'N
`) DOLLARS and Thirty-three Cents ($4,717.33) were presented for payment
by Councilman Fowls,
ACTION.
That the bills, as presented, be approved and that
the City Clerk be authorized to draw the appropriate
warrants.
MOTION: Fowle_;;SSCOND:. Davey.
ROLL CALL: AYES: .Aiken, Davey, Fowle,Mayor Henley
NOES: None
ABSENT: None
OTHER BUSXN3SS BY COUNCILMEN: None.
rMTING ADJOURNED: .11:26 P. Ma to
NEXT REGULAR MBBTING: Monday, March 20, 1967 at 7:45 P. M. .at the Town Hall
Respectfully submitted,
JUANITA L. MORGAN
City C
Lowell W. Moxse
City Manager
3/6/67-mam Town of Los Altos Hills
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