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HomeMy WebLinkAbout04/17/1967CITY COUNCIL TOWN OF LOS ALTOS HILLS MINUTES OF A REGULAR MEETING April 17, 1967 The Regular Meeting of the City Council of the Town of Los Altos Hills was called to order by Councilman John M. Fowle at 8:05 P. M. Monday, April 17, 1967 at the Town Hall, 26379 Fremont Road, Los Altos Hills, California. ROLL CALL: PRESENT: Councilmen Aiken, Davey, Fowle ABSENT: Mayor Henley PLANNING COMMISSION REPRESENTATIVE: Chairman Wilton F. Hinckley Councilman Fowle announced nominations were in order for Mayor Pro Tem for the meeting. NOMINATION: Councilman John M. Fowle; BY: Aiken; SECOND: Davey; There being no objections, Councilman Fowle assumed the Chair as Mayor Pro Tem for the meeting. APPROVAL OF MINUTES: April 3, 1967. Correction: Page 2, Scheduled Item No. 1, 2nd para. should .read "The Mayor Pro Tem requested Mr. Nachtsheim to find out exactly what is causing the delay." Page 8, 3rd para., 2nd line should read,.". . . . prepare an engineering study of a typical area to determine thecost of a collector system; to be done in an area which can be sewered from only one direction". Page 6, para. 5, Item No. 7 - Report of L¢w Enforcement Committee: Councilman Fowle questioned the remarks attributed to him. The Manager stated clarification will be presented at the next meeting. ACTION: Adopt Minutes of April 3, 1967 with corrections as noted. MOTION: Aiken; SECOND: Davey; VOTE: Passed unanimously COMMUNICATIONS: 1. J L Pellegrin 13439 Mandol, Drive, Los_Altos_Hi11s - Letter of April 5, 1967 called attention to a sewer problem in the Mandol, Drive area, and forwarded a copy of an engineering study of the problem by Jones, Thenn and Tillson, Civil Engineers. The Manager stated the letter and report have been referred to the Sewer Committee. 2. Turner & He ler Attorne at Law 467 Hamilton Avenue Palo Alto, Calif. - Letter of March27i 19 7 forwarded a Claim of Nancy Janes &gird, directed to the Town of Los Altos Hills and the County of Santa Clara for damages --personal injury resulting "from negligence of employees or agents of County and from hazardous condition of County road (Page Mill Road, 250 feet north of Christopher's Lane)", The Council directed the claim be referred to the City Attorney. Communications cont'd. 2. Proclamation - By Mayor Henley, proclaiming April 15, 1967 as "Knights of Dunamis Founder's Day in Los Altos Hills'. A copy of letter, April 12, 1967, forwarded the proclamation to David L. Osborn, 110 Eunice Avenue, Mountain View, California. To be filed. j. Dorothea Keener Chairman of Committee to Study ABAG - Letter of April 11, 1967 T_2 that a public hearing will be sponsored by the Santa Clara County Young Republicans, on the subject of the Association of Bay Area Governments on April 22, 1967 at 2 P. M. in the Conference Room, Mariani's Motel, 2500 El Camino Real, Santa Clara. Invitation is extended to the Council or a representative of the Council. SCHEDULED ITEMS: 1. Consideration of Accepting in Lieu Payment for Paths in Champagne Heights No. 1 - City Manager. Mr. Marvin G. Nachtsheim, City Engineer, explained the problems relative to the proposed improvements of Alta@oat Road, abutting Champagne Heights No. 1, stating it would not be wise to construct a pathway using the existing pavement as the horizontal alignment, because the existing road is not constructed within the actual right of way. Letter of April 17, 1967, from Artemas A. Ginzton, Vice -Chairman of the Pathways Committee, was read recommending that the path be installed to Town Standards along the property lines on Altamont Road. Letter from Mr. Nachtsheim, of April 11, 1967, recommended that the Town accept the in lieu payment. Mr. Nachtsheim commented that, should the Town wish to have the path installed as recommended by Mrs. Ginzton, the Town should still accept the in lieu payment, and suggested that property owners be contacted regarding acquisition of rights of way. The Council took no action, pending a report from the City Manager on the possi- bility of acquiring easements along the private properties concerned. 2. Sewer Assessment District No. 2. Mr. Nachtsheim reported that his office has received final plans for construction of sewer facilities in Rose Hill Estates Subdivision, and after approval has been granted, work may commence. ' j. Consideration of Appointment of Auditor - Arthur S. Alter. Mr. Alter reported that he and the City Manager concur in recommending the fir:�l of C. G. Uhlenberg & Co., Certified Publib Accountants, as auditors for the 1966-67! fiscal year. He commented that the firm is ret¢ined by the Cities of Redwood City,, Portola Valley, and Mountain View .is well as other cities. � He discussed fees as outlined in the letter of April 11, 1967 from C. G. Uhlenberg and Co. -2- U Auditor - cont'd. ACTION: That the Council adopt the recommendation of Mr. Alter, City Treasurer, and appoint the firm of C. G. Uhlenberg & Co. as auditors for the Town for a fee not to exceed FIVE HUNDRED FIFTY DOLLARS ($550.00) for the 1966-67 Town audit. MOTION: Davey; SECOND: Aiken; ROLL CALL: AYES: Aiken, Davey, Mayor Pro Tem Fowls NOES: None ABSENT: Mayor Henley UNSCHEDULED ITEMS: 11. Report of City Treasurer. Mr. Alter reported that the Financial Statement for March 1967 had been mailed to Councilmen; that the statement was in order. He stated he would answer questions if there were any from the Council. The City Manager noted that the Checking Account is being kept at a minimum to meet current expenses in order that funds may be kept,in Time Deposit .Account and thereby accruing interest. He announced that ONE HUNDRED TWENTY THOUSAND DOLLARS ($120,000.00) is now in Time Deposit. The Manager was com- mended for his wise use of funds. SCHEDULED ITEMS: 3. Review of Resolution No. 388 Re: Proposed Vehicle Use Fee - Councilman Wm.. R. Aiken Councilman Aiken stated that he wished to question the Town's action, requesting the California State Legislature to enact enabling legislation relative to a vehicle use fee to finance a County -wide Expressway. System. He stated that he had voted, with some reservation, and indicated his concern that Phase 2 of the Transportation Policy Committee has included Page Mill Road as a proposed 4 -lane road. Councilman Davey discussed the Resolution, adopted by the Council, and express- ed the opinion that the Town does not want Page Mill Road widened. She sug- gested the Town join with the City of Palo Alto in opposing Page Mill Road as an expressway. ACTION: That the City Manager be instructed to write a letter to the Transportation Policy Committee stating that the Council passed Resolution No. 388 in support of the Bill, but passed it under protest due to concern that Page Mill Road might be made a four -lane highway; that the Council of the Town of Los Altos Hills is opposed to any change in Page Mill Road, as presently situated. MOTION: Aiken; SECOND: Davey; -3- Ree. No. 388 - Cont!d. AMENDMENT: _ That copies of this motion be sent to each Councilman. and the City Manager of the City of Palo Alto. AMENDED BY: Davey; ACCEPTED BY: Aiken; VOTE ON MOTION AND AMENDMENT: Passed unanimously Mrs. Randall Jones asked if the vehicle use fee proposed is to be paid for a specific term. The Attorney and Manager were in concurrence that no term had been mentioned. Mr. D. Spencer asked what percentage is being paid, on tax bills, for the Express- way. It was stated that this would have to be determined by the County Tax Assessor. Mrs. H. Muller commented on increases in taxes. UNSCHEDULED ITEMS: 2. Re asst for Extension of Time to File Final Subdivision Ma of Hillcrest Estates No. 2 Tract No. 20 off Page Mill Road near Altamont Road The City Manager recommended that the request be approved. ACTION: That the Council approve the request for an extension of time to file final subdivision map of Hillcrest Estates No. 2, Tract No -4208 to April 17, 1968. MOTION: Davey; SECOND: Aiken; VOTE: Passed unanimously 3. Cox, Joseph H. (328-66) 2 lots - Approval of Tentative Map (Ravensbury &.Lomita Linda. Planning Commission's recommendation of April 10, 1967, approving the tentative map, was read. The map indicated access to Lot 2 (to be designated 'Not a Building Site'), via an easement over Lot No. 1 from Lomita Linda. Mr. Cox stated he was satisfied with the Planning Commission's recommendation. ACTION: That the Tentative Map of Joseph H. Cox (328-66) 2 lots be approved as re- commended by the Planning Commission. - MOTION: Aiken; SECOND: Davey; VOTE: Passed unanimously 4. Consideration of Signing Recommendation for Robleda-Chapin Intersection. The Manager reported that plans were redrawn and copies, along with a covering letter, were sent to residents in the Robleda-Chapin area. He read a letter of ( April 12, 1967 from Mr. John Silver, 13734 Robleda Road, requesting signs 'Children at Play' be placed at the corner of Beatrice lane and Robleda Road. -4- Robleda-Chapin - cont'd. �) The Council agreed that the signs, requested by Mr. Silver, should be placed, but Mayor Pro Tem Fowle expressed some reservations relative to the expense being assumed by the Town. - ACTION: That the Council approve the plan, as submitted, with the addition of two (2) signs 'Children at Play' being placed at the corner of Beatrice Lane and Robleda Road. MOTION: .Aiken; SECOND: Davey; VOTE: Passed unanimously 5. Report of Sewer Committee. Mr. Morse reported that minutes of the Sewer Committee, of April 11`-,, have been mailed. a meeting will be held Tuesday, April 18, 1967 at 8:00 P. M. at which a panel of experts will discuss sewers. The Panel will include representatives from Santa Clara County Health Department, the City Engineer, Dr. John Winneberger, Mr. Grant Burton, Chairman of the Regional Water Quality Control Board, and. Stone and Youngberg, Financial Consultants: 6. Report of Drainage Committee. The City Manager reported that the Committee is now seeking information relative to financing, and that the report may be expected by May 15, 1967. Councilman Davey read letter of April 14, 1967, from Mr. P. C. Burchard, Chairman of the Tree Committee. In his letter, Mr. Burchard expressed concern over the use of soil -sterilizing weed -killers to remove ground cover, and expressed hope that .the Council would take steps to inform townspeople of the hazards to soil donservationy wildlife and land values. The suggestion was made that this matter might be discussed in -the City Manager's next report. 7. Consideration of Approval of Contract With the State Employees' Retirement System for -Employees' Retirement Plan - City Manager. The City Manager explained the steps involved in getting the plan into action, and stated that, at this time, the Resolution of Intention to approve the Contract for participation in the State Employees' Retirement System plan was being pre- sented for adoption. - Resolution No. 393 was read by the City Manager. ACTION: Adopt Resolution No. 393 as read. ACTION: Davey; SECOND: Aiken; ROLL CALL: AYES: .liken, Davey, Mayor Pro Tem Fowls NOES: None ABSENT: Mayor Henley 9.. Consideration of Taking a Stand on Assembly Bill No. 3 - Concerning a Change in the Allocation Method of Gas Tax Monies to the Detriment of 'Northern' Counties - City Manager. The Manager explained that the dollar amount of road deficiencies in the 'northern' area is presently proportionately higher than that for the 'southern' area, and that legislation has been introduced to revise the present formula (55-45) to give 60% of the State Highway Funds to the 'southern' area and 40% to the 'northern' area. He pointed out this would mean an annual loss of over THIRTY MILLION DOLLARS ($30,000,000.00) to the 'northern' area. Councilman Davey reported that the bill has been passed by the Assembly, 'strictly by North-South vote' and now has gone to the upper house. She indicated her feeling the Town should go on record opposing Assembly Bill No. 3. The Attorney was requested to present a resolution under RESOLUTIONS. 10. Consideration of Adoption of Resolution Supporting the Board of Supervisors' Desire to Extend Skyline Parkway From Saratoga Gap to State Route 129. - The City Attorney was requested to prepare a resolution to be presented under RESOLUTIONS. 13. Report of the City Engineer. a) The City Fciaeer stated that he will submit a Priority List of Streets, in time for the Council to take action on at the time the Budget is adopted. b) Mage Underground Construction - Request for Payment. Mr. Nachtsheim explained the problems concerning Glage Underground Construc- tion., Contractors for the Hilltop Drive project, but stated that, at this time he would recommend payment for work completed, up to FIVE THOUSAND DOLLARS ($5,000.00), including payment made previously, and leaving ten percent (10%) retention, in case of default, plus FIVE HUNDRED DOLLARS ($500.00) for i.ncomplete work. It was noted that THREE THOUSAND THREE HUNDRED SIXTY-C.!E DOLLARS and Fifty Cents ($3,361:50) has been paid. The amount to be approved, for payment at this time, is NINE HUNDRED FOUR DOLLARS ($904.00). Letter of April 10, 196], requesting payment under the terms of the contract, was read by the City Manager. ACTION: That the Council accept the City Engineer's recommendation, and pay the Clogs Underground Construction Co. NINE HUNDRED FOUR DOLLARS ($904.00). MOTION: Aiken; SECOND: Davey; ROLL CALL: AYES: Aiken, Davey, Mayor Pro Tem Fowle NOES: None ABSENT: Mayor Henley 14. Report of theCity Manager. a) Proposed Amendment to Ordinance No. 86. Mr. Morse reported that, at a joint meeting of the Planning Commission and the City Manager's Report - cont'd. Ord. No. 86. Path Committee, a proposal was made to amend Ordinance No. 86 with regard to in lieu payment for paths in subdivisions. It was determined the present amount of ONE DOLLAR and Sixty -Five Cents ($1.65) per lineal foot is not adequate. The proposal was made that Ordinance No. 86 be amended to call for ONE HUNDRED TEN PERCENT (1100 of the engineer's approved estimate. The City Attorney was asked prepare an ordinance relative to the diebussien, to be presented at the next meeting. Comments were offered by Mr. E. A. Breyman, concerning the inadequacy of the $1:65 per lineal foot amount. b) Freeway Landscape Maintenance Building - Proposed Location. Mr. Morse stated that a letter, addressed to Councilman Davey, dated April 6'?, had been received from the Division of Highways (R. A. Hayler, Deputy District Engineer), relative to the meeting held with the Freeway Landscape Committee on January 5, 1967. Mr. Hayler stated in the letter that the Highway'De- partment had,considered the three alternate proposals for the location of the landscape maintenance building, and had found the Committee's first two sug- gestions incompatible or unaccessible, and stated the choice had been made of the area within the Page Mill Interchange, reserved for a possible future loop ramp. (The original proposed location was for an area having access from Christopher's Lane). Mr. Hayler also stated, in his letter, that financing is available for land- scaping project between Foothill Boulevard in Los altos and Page Mill Road in Los Altos Hills, including the landscaping for the maintenance building area. Councilman Davey presented a plan (in color) of the proposed project, and stated that she felt the site is a good compromise; that the State has been very cooperative. The Manager was requested to confer with the Highway Department to convey the Town's acceptance of the compromise. c) The Manager reported that a letter has been received from the Clerk of the Board of .Supervisors relative to policy statement on Regional Governments, passed on April 4, 1967. This Statement is on file in the office of the City Clerk. d) Bay Area Facts - Relative to Motor Vehicle Registration in the County, in six years, Santa Clara County registrations have increased 61.2%. This is the highest increase in -nine -counties. 3) Appointment to Library Commission - Mr. Morse announced that the County Board of Supervisors had written relative to the expiration of the term of Mr. Hugh L. Monahan, on the Library .Commission, and stated that Mr. Monahan is ineligible to serve further term. Recommendation for appointment is re- quested of the Council. J e) Request for Approval of Expenditure - C. J. Smith - To Attend a Seminar at the University of Santa Clara. Mr. Morse stated that the request is for the Town to pay one-half (yz) or Thirty - Five Dollars ($35.00) of the total tuition ($70.00). -7 City Managers Report - Cont'd. ACTION: \) That the Council approve the expenditure of Thirty -Five Dollars ($35.00) for C. J. Smith to attend a Seminar at the University of Santa Clara. MOTION: Davey; SECOND: Aiken; ROLL CALL: AYES: Aiken, Davey, Mayor Pro Tem Fowle NOES: None ABSENT: Mayor Henley g) Pink Horse Ranch No. 1 - Improvements. The Manager reported that he has received a number of complaints relative to condition of roads in the subdivision --Willow Pond Lane and Tepa Way. He stated that the improvements in the subdivision have never been accept- ed, by the Town for maintenance; that residents have a serious problem with regard to roads and a potential health problem. He further stated public funds cannot be expended in the area. Th= Attorney stated the bond has expired, and that the statute of limitations has run. He far- ther commented that the Town is out of the picture, unless the Town would want to initiate an assessment district. The Council agreed that a letter should go out to the residents of the subdivision, under the signature of the Mayor, pointing out that they might consider formation of an assessment district for road improvement. h) Palo Alto Committee on Finan" - Mr. Morse announced that he has been notified that the Committee will not be meeting until May. i) Agreement - Assurance of Compliance With the Department of Defense and Offic of Civil Defense Regulations Under Title VI of the Civil Rights Act of 1964. The Manager explained that the Town must execute the agreement in order to be eligible to participate in Federal Contributions Program. ACTION: That approval be granted to execution of the Agreement. .MOTION: Aiken; SECOND: Davey; VOTE: Passed unanimously 15• Report of the City Attorney. a) Violations - Septic Tanks. Mr. Faisant, City Attorney, reported three violations of Ordinance No. 8 of the Town of Los Altos Hills, relative to septic tank drainage --E. C. Casey. Laurel Lane, J. L. Pellegrin, Mandoli Lane, and R. E. Morton,`Roble Ladera. He explained that each of these property owners has expended money to try to alleviate the problems, and requested some indication, from the Council, as to how to. proceed. He commented that he is not inclined to take legal action against these people, and that he has no adequate solution to their problems, with the exception of periodic pumping of the septic tanks. Mr. C. A. Ferarri, a neighbor adjacent to the Pellegrin property, stated he will take civil action if something is not done to correct the problem. 10 Oity Attorney's Report - Septic Tank Violations cont'd. nFollowing discussion of possible alternatives,'. the -fallowing action was proposed: ACTION: That .the City Council reaffirm the necessity to enforce Ordinance No. 8, and to instruct the City Attorney to inform the violators of this ordi- nance to abate the situate immediately. MOTION: Davey; SECOND: Aiken; VOTE: Passed unanimously b) Violations - Swimming Pools. The Attorney reported three (3) violations in the Town where swimming pools have been constructed in violation to provisions of the Town's Fire Ordinance, Ordinance No. 105, relative to the requirement for emergency access. Persons in violation of Ordinance No. 105 are: F. T. Whitworth, Ravensbury Avenue, L. H. Chasson, Christopher's Lane and L. Brooks, Priscilla Lane. Mr. Smith, Building Inspector, stated that the Fire District makes inspections of the access required; that he does not issue permits until approved by the Fire District. The Attorney stated that the violation of this ordinance is a criminal matter, punishable by imprisonment or fine. ACTION: That the City Attorney notify the property owners that their pools are in violation of Ordinance No. 105 (Fire Ordinance)of the Town of Los Altos Hills, and that they must immediately comply. MOTION: Davey; SECOND: Aiken; VOTE: Passed unanimously c) Adobe Creek Lodge - Violations. The Attorney reported that several violations on the property have been brought to his attention, namely: Removal of structural beams in the dining area and alterations (without a building permit), the construction of a wading pool, without a filtering system nor a permit, and the existence of a trailer (inhabited) on the property. Mr. Faisant stated he has notified Mr. D. Bellucci to have the non -conforming use of the trailer abated. Mr. Smith, Building Inspector, stated that Mr. Bellucci has been notified to consult with his architect relative to structural condition of the building; that his architect had advised replacing the beams. RESOLUTIONS: 1. Resolution No. 391 - Re -Apportionment of State Highway Funds. Action: Adopt Resolution No. 391 as read. '�J MOTION: Davey; SECOND: Aiken; ROLL CALL: AYES: Aiken, Davey, Mayor Pro Tem Fowle NOES: None ABSENT: Mayor Henley -9-- Resolutions cont'd. - 2, Resolution No. 392--Supportingthe Santa Clara County Board of Supervisors! - Position in Favor of Extending the Skyline Parkway. From Saratoga Gap to State Route 129. ACTION: Adopt Resolution No. 392 as read. - - MOTION: 'Davey; SECOND: Aiken; ROLL CALL: AYES: Aiken, Davey, Mayor: Pro Tem Fowle NOES: None ABSENT: Mayor Henley PRESENTATIONS FROM THE FLOOR: - - - 1. Mr. Frank Holt, Director of. Civil Defense of .the County of Santa Clara, stated th t he was aware.. the Town has accepted the resignation of R. D. Faisant,-Assistant -Director ofCivil Defense for Los Altos Hills, and that he wished to make several `recommendations. They were as follows: 1. That the Councilshould not appoint a private citizen. - 2. That the Council appoint the City Manager as Director of Civil Defense.. `3. That the Council should adopt aordinance, giving the DirectorofCivil Defense the authority to actin the absence of the Council in case of an emergency ordisaster. Mr.. Holt .pointed out the fact that, in case of disaster, the Town would need someone whoknowsthe 'Town, has access to equipment, and authority to expend funds. He further suggested that the appointment made should be for 'Director' rather than Assistant Director. .Mayor Pro Tem. Fowl, expressed appreciation to.Mr. Holt for his interest and recom- meadations, and requested thematter be on the Agenda for the next meeting. WARRANTS: Bills, in the amount of ONE HUNDRED TWENTY-SEVEN THOUSAND SIX HUNDRED FIFTY-SEVEN DOLLARS and Ninety -Five Cents ($127,657.95),were presented by Councilman Aiken for approval. ACTION: That the bills, as presented, be approved; that the City Clerk be authorized to draw the appropriate:: warrants. MOTION: :Aiken; SECOND; Davey;: .ROLL .CALL: AYES: Aiken., Davey, Mayor. Pro Tem Fowls .NOES: None. ASSENT: -Mayor. Henley - OTHER.MSINESS BY..COUNCILMEN; Council= Davey -announced -the availability of a County Report entitled 'Environmental Attitu:', Study'. She indicated codes are available to Councilmen, Planning Commissioners Parks and Recreation Committee andother.- interested parties. MEETINGS ADJOURNED: 10:40 P.M. TO: ADJOURNED REGULARMEETING: Tuesday., April 18, 1967 at 7:30 P. Ma to Canvass Election Results. NEXT REGULAR MEETING: Monday, May -1,.1967 at 7:45 P.M. at the Town Hall. Respe tfully ,s omit , m v PA M AN i wn of Los Altos Hills .- 4-17-67