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HomeMy WebLinkAbout03/20/1967CITY COUNCIL TOWN OF LOS ALTOS HILLS .MINUTES OF AREGULAR MEETING March 20, 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 20, 1967 at 7:45 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 Don T. Hibner APPROVAL OF MINUTES: March 6, 1967 - AMENDMENTS: Page 6, Item 9: City .Attorney. Report on Proposed Broom Act Revision. Para. 1: Delete last line and insert. ' is a misdemeanor'. Para. 3, .Sub 2, let & 3rd lines: The word 'litsrally'_should be .'liberally'. Para. 5, Sub should be deleted. ACTION: Adopt Minutes of March 6, 1967 as amended. MOTION: Davey; SECOND: Fowls: VOTE: Passed unanimously CORRESPONDENCE: 1. State. ofCali! ornia..Departmentof..Public Works Letter, dated March 10, 1967, from RobertT. Martin,.Advisory Committee Chairman, announced the Committee had opposed Senate Bill 504 which adds to the State Scenic Highway System the portion of the JuniFero Serra Freeway within the Town of Los Altos Hills. He suggested that consideration-be.given.to enlisting.. support of other communities through which the highway will pass in order to add theicentiA route (betwaon lhlnont and San Jose). The City Manager explained this was anticipated, and that steps are being taken to attain this end; that a meeting has been scheduled with the communities in- volved. ANNOUNCEMENTS: 1. The City Manager announced that Alan Hart,District Engineer, State of California. Division of Highways,. called :stating that a meeting of officials of Santa Clara County, City of Los Altos and Town of Los Altos Hills is scheduled to be held at the Los Altos Chamber of Commerce building on Wednesday, April 5; 1967 at 3:00 P.M. to discuss. ceremony for opening of the Junipero Serra Freeway; that further details will forwarded later. Councilman Fowls suggested the Staff investigate the possibility of having as electric system installed in the clock in'the Council Chamber. The City Manager stated the 'Plaque Committee' is considering the matter of a clock for the Council Chamber. UNSCHEDULED ITEMS: �1 3. Report ofCommittee Studying Sewers - Mr.. Charles Walter. The City Manager, in the absence of Mr.Walter, reported for the Committee, stating the Committee has set up a revised schedule of meetings to be held March 280, April 4'UT, April 18'= and April 25'^. The report is expected to be in the hands of the Council early in May, 1967. Mayor Henley expressed thanks to the Committee for the work accomplished. SCHEDULED ITEMS: 1. Sewer Assessment. District No. 2. Mr. Nachtsheim,City Engineer, reported his office is in process of preparing plans to be submitted prior to adoption of a resolution of intent, and hopes to report at the next meeting. The Mayor explained the delay has to do with problems the Rosehill Estates developer is having due to rainy weather. Mrs. P. Weisbart asked whether the people would know the actual boundaries of the proposed assessment district before the next meeting. Mr. Faisant, City Attorney, answered that the people within the proposed assessment district will have a month's notice to study the plan; they will receive written notice and the properties will be posted. Mrs. Weisbart asked if the plans and information will be available prior to the Council's receiving the Sewer Committee's Report, to which the Mayor stated he doubted that the Sewer Report will have been received. Mayor Henley stated that he had given thought to a certain matter, and thought the air needed to be cleared along certain points concerning sewers. (COPY OF THE MAYOR'S COMMENTS IS ATTACHED TO RECORD COPY OF MINUTES.) TheMayor then asked the City Engineer for an estimate of the costs per landowner in the proposed Sewer Assessment District No. 2. Mr. Nachtsheim answered that his estimate was FIFTEEN HUNDRED DOLLARS (01500.00) per landowner, or less. The Mayor stated this was deemed to be a figure payable in cash; that interest would have to be added if payment was to be deferred over the life of Assessment Bond (15 years)p Councilman Davey asked Mr. Nachtsheim to estimate how near the actual cost would be to the assessment estimate, judging from his past experience --what would be the margin of error. After commenting on bids made on other jobs, citing the high and low bids and the actual costs, Mr. Nachtsheim stated he felt his estimate would be within four percent (4;n). �) Comments from the Floor were made by the following: Mrs. R. W. Towle, Messebs, G. Ferrari, D. Spencer, and D. Janssen. -2- Sewer Assessment District No. 2 - cont'd. I, 1 Councilman Aiken stated "I must take exception to parts of your statement (the Mayor's) regarding the Council's past actions and positions on sewers. The Council, on several occasions, has definitely led people to believe the entire Town would be sewered--once by your own statement. I think the Council should face up to this fact, and not try to side step it." Councilman Davey stated, "By no formal resolution has the Town Council ever stated a policy to sewer the entire Town." In answer to Councilmen Davey's statement, Councilman Aiken said, "We have not passed a formal resolution --but on various occasions have let it be known how we feel. I now feel I was 'conned' into my .position on sewers --I went along with sales -talk, but now feel the facts are such that everyone will not inevitably need sewers." The Mayor closed the discussion, stating he would recognize further -comments from the Floor during PRESENTATIONS FROM THE FLOOR'. 2. Chapin-Robleda Intersection - Review of Plans by City Engineer. Plans were explained by Mr. Nachtsheim, showing proposed traffic pattern which would require construction of a small retaining wall. and installation of directional signs for proposed .one-way traffic. Cost estimate for the proposed wall was indicated to be about TWO THOUSAND DOLLARS ($2000.00). Mr. Nachtsheim also indicated that some of the gas tax fund, allocated by the State, may be used for this work. A letter from Mrs. A. Ginzton, Chairman of the Path Committee, was submitted. Letter contained recommendation for paths in the Chapin-Robleda area. Councilman Aiken raised the question of whether the people in the area had been given notice of the proposed change in the traffic pattern at the intersection, stating the work should not be done if there is any objection. The Engineer was instructed to mail copies of the proposed plan to the residents in the area before the signs are ordered. UNSCHEDULED ITEMS: 1. Olsen. John K. M. (V-278-67) - Request for Setback Reduction for Pool House, Resi- dence Addition and Increase in Height of Fence at 12700 Normandy Lane. Mr, Smith, Building Inspector, explained the reasons for the request, stating the Planning Commission had recommended approval of the variance at its March 13'" meet- ing. He further stated therewere no objections to the variance, but that there was one objection to the landscaping. planned. ACTION: That the request of John K. M. Olsen (V-278-67) be approved as recommended �1 by the Planning Commission. MOTION: Fowls; SECOND: Davey; VOTE: Passed unanimously -3- Unscheduled Items - Cont'd. l- J 2. Matadera S ++as`Subdivision.{330-67) - Black Mountain Associates -- 3 lots. Postponed at this time. 4. Report of Committee:Studying Drainage Mr. William A. Perkins. In the absenceof Mr. Perkins, Chairman of the Committee, Mr. Frank J. Jean re- ported for the Committee. Councilman Davey commented that the City of Palo Alto is willing and anxious to cooperate with the Town with regard to the drainage problem in the Snell Lane -Barron Creek area. 5. Resort of Committee Studying Parks and Recreation - Mr. Gordon E. Bowler. In the absence of the Chairman. Mr, Bowler, Chairman Wilton F. Minckley, of the Planning Commission, reported on the meeting of the committee held March 13, 1967. Minutes of the meeting were read. 6. McCulloch, Ralph - Request for Extension of Time to File Final Subdivision Map. Letter, dated March 8, 1967, from Lawrence G. Brian and Co., Engineer, was read requesting an extension of time, of one year, due to the 'tight money situation'. �. In answer to question relative to Subdivision Bond, Mr, Smith stated there is no bond at this ti.me. ACTION: That the request for an extension of one year (to March 20, 1968) be .granted for the Ralph McCulloch Subdivision. MOTION: Davey; SECOND: Fowls; VOTE: Passed unanimously 7. Report: .of dity Engineer. Mr. Nachtsheim stated he had nothing further to report. 8. Report of City .Attorney. Mr. Faisant reported relative to violations of faulty septic tank systems at two locations -- Laurel Lane and Roble Ladera. He commented the property owners on Laurel Lane had made no attempt to correct their situation; that the owners on Roble Ladera had made every effort to correct their drainage problem. He asked the views of the Council as to whether he should commence legal action. The Mayor suggested, and the Council concurred, that the City Attorney should take such steps, short of legal action, to gain compliance with the Town's ordinances and report to the Council. UMr. Faisant reported on a zoning violation on La Paloma Road --residence being occu- pied by more than one family. He reported he had discussed the matter with the owner, and had been assured, by the owner, the violation would be abandoned. Mr. Faisant was requested to follow through in order to make sure the violation is abated. -4- 9. .Report of.City.. Treasurer. Mr. Arthur. S. Alter, Treasurer„ answered. questions relative to the February Finan- cial Report. The City Manager pointed out an error (typographical) in the amount of the total budget on page 4. This error was corrected on the file copy of the report. The Treasurer discussed the Reserve Fund, explaining the reasons for the decrease in the amount. He pointed out the necessity of the Budget reflecting more accurate- ly the expenditures and revenues. 10. Report'. of City Manager. Mr. Morse read letter of March y, 1967 from Robert C. Stephens, City Manager of the City of Campbell, relative to Assembly Bill 140, passed in the1965Legislature, said bill authorizing the County Treasurer, at the direction of the Board of Supervisors, to pay a General Law City costs and penalties on delinquent taxes. A draft of a resolution was forwarded for consideration. The Manager stated the resolution would be presented under RESOLUTIONS. Relative to the Employees' Retirement System, the Manager stated he had received the Actuarial Study from the State Retirement System which the Council had ordered. He advised the Council that the next step is the adoption of a resolution of intent. (� The Mayor instructed the Manager to obtain the resolution draft from the State. J Resolution No. 21930, of. the City of Campbell, expressing the Council's opinion on the proposal of the County Public Works Department for,financing-Phase.II of the Santa Clara County Expressway System. The plan would call for a TER DOLLAR ($10.00) Use Tax for users, rather than a bond election. The proposed plan was discussed. Mr. Morse was instructed to schedule the Resolution for consideration at the next meeting. Comments relative to the proposed surtax were heard from the Mayor and Councilman Aiken. It was pointed out that the vote of the Council would be only to support. or to. oppose the legislation to be voted on by the State Legislature. Mr. Morse reported the first issue of his report will be published in the Town ,Crier on March 29, 1967. The Manager announced he would like to attend a Seminar at University of Santa Clara. He stated he is not requesting the Town to pay the expense, but would like .approval to have time off to attend. The Council, concurring, granted the request. PRESENTATIONS FROM THE FLOOR! 1. Mr. Walter A. Benson, requested clarification, from the City Manager, of his state- ment that 'This Town will be sewered within ten (10) years." Mayor Henley commented relative to a Staff member being questioned during a Council Meeting, but stated he would allow Mr. Morse to answer Mr. Benson's question. UMr. Morse confirmed the statement"that in his opinion there will be sewers in Los Altos Hills within five to ten years; that this opinion is based upon the present trend of the regulations imposed by the State Water quality Board and the County Health Department; that the regulations will become even more -strict --within the next -5- PRESENTATIONS FROM THE FLOOR: Cont'd. \ few years; that the time will soon come when no federal grants will be available for sewers if septic tanks are in use and the use is not scheduled for abatement.. City . Managers should not take a stand on a subject such as sewers until directed by the Council, and I am not, at .this time, promoting either sewers or septic tanks." Mrs. R. W. Towle asked, relative to public hearings on Sewer Assessment District No. 2, whether the Council had reached the point where it can not back out. The Mayor and City Attorney concurred that the Council c.:n back out at nay -tiny before prssi:,3 resolution forming the district. RESOLUTIONS: 1. Resolution No. Relating to the Collection of Property Tax Costs and Penalties Tor—Del inquent Taxes of General Law Cities in the County of Santa Clara, State of California. The Resolution was read in its entirety by the City Manager. ACTION: Adopt Resolution No. 387 as read. MOTION: Davey; SECOND: Fowle; ROLL CALL: AYES: Aiken, Davey, Fowle, Mayor Henley NOES; None ABSENT: None WARRANTS: Bills, in the amount of THREE THOUSAND FIVE HUNDRED SIXTY-EIGHT DOLLARS AND FIFTEEN Cents ($3,568.15), were presented by Councilman Fowle. ACTION: That the bills, as presented, be approved; that the Clerk be authorized to draw the appropriate warrants. MOTION: Fowle; SECOND: Aiken; ROLL CALL: AYES: Aiken, Davey, Fowls, Mayor Henley NOES: None ABSENT: None OTHER BUSINESS: Councilman Aiken made a check, with audience, to see if the public address syotem was satisfactory - MEETING ADTOURNED: 9:25 P. M. to: NEXT REGULAR .MEETING: April 3, 1967 at 7:45 P. M. at the Town Hall, 26379 Fremont Road, Los Altos Hills, California.. Resp. tfully submit L1 // ANITA L. MORGAN l/// City Clerk Town of Los Altos Hills 3-2o-67 _6 REPORT ON INITIATION OF SLYER ASSESSMENT DISTRICT NO 2 - By Mayor A T Henley This excerpt is attached to the official Minutes of the City Council of March 20, 1967. The rumor is that Assessment District No. 2 began with a decision of the Council that sewers were a good idea, that we then adopted a resolution (No. 365) asking the Health Department to back up this idea. I'm afraid the underlying intention of these statements is to cause fear; to persuade people that the Council in irresponsibly bent on sewering the whole Town whether necessary or not. The rumor is false and the fear is groundless. What happened in fact is this: In August of 1965, a preliminary map for a subdivision came up to the Council from the Planning Commission. You°11 recall that, at that tine, the Council consisted of Aiken, Bowler, Clayton, Fowls and Henley. The subdivision was titled Corbetta Unit No. 2. Later on the same Agenda was a neighboring parcel - Silent Hills (Lehner). The two are in the same drainage basin. The approval of the Planning Commission ~, as is usual, conditioned on the approval of the cognizant agencies. Now the Corbett& file contained a letter from one of those agencies, namely Lthe County Health Department, ex officio the Health Department of this City. The letter was dated July 19, 1965; it contained certain findings, and on basis thereof, a recommendation that the subdivision have sanitary sewers, The letter was signed by Peter J. Nardini for the Chief Sanitarian. In addition to the letter, Mr. Nardini and Mr. E. Pearl were both present and gave the reasons for the department's action, among theme, the new tough view being taken by the Regional Water Pollution Control Board, relative to standards of public health. The same situation obtained for the Lehner tract. Faced with the highly unequivocal stand of these legally constituted agencies the Council, after lengthy discussion, took two actions. They are generally as follows: The first was a statement of Council intention that the drainage basin in question is to be severed. This pulled in Eshner as well as Corbetta. The motion was by Fowls and was unanimously adopted. The second was a statement of Town policy to "quire connections to sewer outfalls wherever feasible. The motion was by Aiken and unanimously adopted. What happened then? We sought advice as to how to go about getting that basin severed and we were told that assemmment proceedings would be required. What are the legal steps to that end? The first one is to get a formal state- ment of the Health Department that they are needed. The Attorney proceeded to draft a resolution for that purpose and we adopted it. That's the famous l_II resolution which initiated the legal steps in forming Assessment District No. 2, but it was itself preceded by Health Department demands. Report on Initiation of Sewer Assessment District No. 2 - cont'd. Excerpt - City Council Minutes - March 20, 1967. Now that was the sequence of events. Anyone could have found it in the public record. Under the same general heading, I think I owe it to you to clear the air on we further subject. I have heard that it is being said that Sever Assessment District No. 3 is in process of formation. People hearing this tend to suppose the Council is involved; that it is being kept secret and that it is a further proof of our mad design. I had to check around to find out what could possibly be meant by Sever Assessment District No. 3 and I found that a private landowner in the Central Drive area is attempting to interest his neighbors in financing a line and I believe is circulating a petition. Nothing ominous there. He's free to do that and if his neighbors agree, he's free to bring that petition. Then we'll see. It's not anything we're promoting. The Mayor then asked the Town Engineer for an official estimate of the costa per landowner in the proposed Assessment District No. 2. The Engineer answered that his estimate was FIFTEEN HUNDRED DOLEARS ($1500.00) per landowner or lees. The Mayor then stated this was deemed to be a figure payable in cash, and that interest would have to be added if payment was to be deferred over the life of Assessment Bond (15 years). 4 3-20-67 -2-