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HomeMy WebLinkAbout12/05/1966CITY COUNCIL TOWN OF LOS ALTOS HILLS MINUTES OF A REGULAR MEETING December 5, 1966 The Regular Meeting of the City Council of the Town of Los Altos Hills was called to order Monday, December 5, 1966 by Mayor Albert T. Henley at 7:55 P. M. at the Town Hall, 26379 Fremont Road, Los Altos Hills, California. ROLL CALL: PRESENT: Councilmen Aiken, Bowler, Davey, Fowle, Mayor Henley ABSENT: None PLANNING COMMISSION REPRESENTATIVE: Commissioner Melvin L. Hawley APPROVAL OF MINUTES: November 21, 1966. ACTION: Adopt Minutes of November 21, 1966 as submitted. MOTION: Bowler; SECOND: Davey VOTE: Passed unanimously. ANNOUNCE14ENTS: 1. League of California Cities Meeting, Peninsula Division, Thursday, December 15, 1966, 7:00 P. M., Le6pard Cafe, San Francisco. 2. The Mayor announced that the Inter City Council has requested this Council to nominate one Councilman and one Planning Commissioner for membership on the County Planning Policy Committee and instructed the City Clerk to agenda this matter for the December 19th meeting. UNSCHEDULED ITEM• 1. City Treasurer's Report - Recommendations of the City Manager. City Manager read his memo dated December 5th to the Council recommend- ing amendments to the 1966-67 budget, as necessitated by the decisions already made by the Council and revision tooffice procedures, special provision for gas tax funds, and further recommending that Item 3 (engineering budget) be deferred for further examination to the December 19th meeting. ACTION: That the City Council accept the recommendations of the City Manager, as outlined in his communication of December 5th, including the segregation of special gas tax funds. MOTION: Davey; SECOND: Fowle ROLL CALL: AYES: Aiken, Bowler, Davey, Fowle, Mayor Henley - NOES: None ABSENT: None SCHEDULED ITF24S: O1. Proposed County Housing Authority - Discussion. In view of the informal approval November 21st, Councilman Davey submitted the following formal Motion for discussion: ACTION: The City Council of Los Altos Hills approves the formation of a County Housing Authority by the Santa Clara. County Board of Supervisors with the understanding that: 1. The Housing Authority will operate in the unincorporated areas of the County and those Cities that specifically invite the Authority to act, and 2. Los Altos Hills will incur no expense in the formation and operation of such an Authority. MOTION: Davey; SECOND: Fowle Comments were heard from Messrs. D. Spencer, 27490 Sherlock Road (opposed) and D. Jansson, 27440 Sherlock Road (in favor), and Mrs. R. L. Jones, ( 1 President of the Los Altos Hills Association. Councilman Aiken was opposed "feeling that it was not our right to tell the people in .the County how they should live and that apparently the only need in Los Altos Hills would be for students who were renting illegally." Question was called: ROLL CALL: AYES: Bowler, Davey, Fowle, Mayor Henley NOES: Aiken ABSENT: None 2. Phase II, Santa Clara County Expressway Program - Discussion, a) Proposed Policy on Pedestrian earations..... Councilman Bowler reported that the concepts setSp forth in the proposed new Section XVII of the "County of Santa Clara Expressway Policy Resolution" are generally acceptable, with the following exceptions: (1) that the term 'Pedestrian" should be replaced by the term "Non - Automotive" and (2) that the next to last paragraph on page 4 be deleted, since it appears to relegate all non -automotive grade separations to the bitter end of the Expressway Program. ACTION: That the City Council approve Councilman Bowler's recommendations, with the authorization to make ( these recommendations to the Transportation Policy Committee. MOTION: Aiken; SECOND: Fowle; VOTE: Passed unanimously. -2- SCHEDULED ITEMS: Phase II, Expressway Program (cont'd.): by Phase II Expressway Program - Distribution of Funds. In addition to the proposals from Sunnyvale and the Technical !advisory Committee, Councilman Bowler reported that the City of Monte Sereno has provided material for further study, and while not acceptable to the Town, is a better base fox the spreading of funds and recommended it be reviewed and discussed by the Transportation Committee. Councilman Bowler recommended that every effort should be made toward the completion of the express- ways as a system, rather than intensify the "territorial" aspects of the proposals submitted. ACTION: That the City Council approve the sense of Councilman Bowler's recommendations, with the authorization to make these recommendations to the Transportation Policy Committee. MOTION: Davey; SECOND: Fowle; VOTE: Passed unanimously. 3. Private Roads - Discussion of Planning Commission's Recommendations. Council discussed and acted upon each recommendation of the Planning Commission as follows: 1) "That minimum widths for private roads should be specified in the Engineer's Specifications for Subdivision Improvements." ACTION: That the City Council accept No. 1 recommendation of the Planning Commission changing 'specified' to "clarified". MOTION: Fowle; SECOND: Davey; VOTE: Passed unanimously. 2) "That the City Attorney should draft some form of maintenance covenant, to run with the land, clarifying the status of third parties, and defining the Town's obligation." ACTION: That the City Attorney be instructed to draft several sample covenants and opinions as to covenants, clarifying the status of third parties and defining the obligation of the Town, and Submit a report on the possibility of the formation of a special road maintenance district. MOTION: Powle; SECOND: Davey; VOTE: Passed unanimously. -3- SCHEDULED ITEMS: Private Roads (cont'd.): 3) "That, under Sec. C -3a, Hardship, as a guideline for consideration of a request for more than five lots on a pre-existing private road under Conditional Exceptions procedure, be deleted from the recommendations." ACTION: That the City Council accept the third recommendation of the Planning Commission and delete the word "hardship". MOTION: Bowler; SECOND: Davey; VOTE: Passed unanimously. 4) "That Section C -3c, relative to limitation of the number of lots allowed on a private road (not fully developed, be clarified." City Attorney will clarify this Section in the course of preparing the amendements and hearings held on the proposed language. ACTION: That the City Council adopt the September 19, 1966 Committee Report on Recommendations for Private Roads, amended October 3, 1966 and as modifbd by action of this December 5, 1966 meeting, and that the City Attorney be instructed to 1) Review all ordinances in light of the establish- ment of the above policy and offer amendments of intent or language whenever indicated, and 2) Prepare resolutions of policy as indicated above. MOTION: Fowle; SECOND: Davey; VOTE: Passed unanimously. 4. Sewer Assessment District No. 2 ........Deferred to Dec. 19th meeting. UNSCHEDULED ITE145 Cont Id.: 2. City Manager's Report. a) Referring to his Memorandum of November 15th, City Manager recommended the Council direct the City Manager to require purchase orders, effective immediately, for all purchases exceeding Five Dollars ($5.00). The Mayor instructed the City Attorney to amend Resolution No. 349 and present under "RESOLUTIONS" of the Agenda. b) City Manager referred to his memorandum dated November 21st regard- ing agendas for consideration of unlisted and unscheduled matters. Council concurred that a formal resolution pertaining to Council procedure would be appropriate. ACTION: That the recommendations of the City Manager be approved (,..; and that the City Attorney prepare resolutions according to the City Manager's memoranda dated November 15 and 21, 1966. MOTION: Bowler; SECOND: Fowle; VOTE: Passed unanimously. -4- UNSCHEDULED ITEM.SS Cont 'd.: 3. Snell Lane Area - Drainage - City Engineer. Engr. Cook read his report dated November 1966 submitting alternate solutions for storm water drainage on Snell Lane and area, and recom- mending that the drainage problems would be best solved by the formation of an assessment district since the alternates presented are of limited benefit, as well as recommending a Master Drainage Plan and advice from legal Counsel. City Attorney advised that from the facts presented to him the Town has no specific liability, however, if a feasible engineering solution can be found and assuming the cooperation of Palo Alto, the Town could assist in the formation of a sewer assessment district. Engr. Cook submitted a proposal dated December 5, 1966 to complete the Los Altos Hills Drainage Report...... Deferred to Dec. 19th meeting. Mr. Wm. A. Perkins, 26623 Snell Lane, commented on his letter dated December 1, 1966, also signed by Messrs. Case (present) and Jean of Snell Lane, opposing the adoption of Alternates I, II, and III and suggesting emergency measures according to Section IV of the Engineerts Report, plus general suggestions for a master drainage plan and specific responsibility to the Planning Commission for considering storm drainage on all future subdivisions. �. Ir. discussing emergency measures to provide drainage away from Lot #11 (Mr. Case) and enlarge the culvert under driveway to Lot #12 (Mr. Jean), Mr. Perkins requested that•!r. Jean, who is away for the Holidays, be involved in the planning of the culvert since it is his driveway which is involved; therefore action on the culvert was deferred pending a request from any Councilman to re -agenda the matter. ACTION: That the City Council authorize an appropriation of not more than $400.00 for the services of a ditching machine generally from point "B" (map of Alternates II and III), at the discretion of the City Engineer with advice from Mr. Perkins, and after conferring with the City of Palo Alto. MOTION: Fowle; SECOND: Aiken; ROLL CALL: AYES: Aiken, Bowler, Davey, Powle, Mayor Henley NOES: None ABSENT: None At 10:00 P. M., the Mayor adjourned the a,eeting for recess. At 10:15 P. M., the Mayor reconvened the meeting. UNSCHEDULED ITEMS Cont'd.: Mullin Const. Go. of Palo Alto $7;355.00 4. Hilltop Drive Improvements - Award of Bid. �--� City Engineer reported the following bids were submitted: A. E. Mullin Const. Go. of Palo Alto $7;355.00 George Bianchi Const. Co. of San Jose 7,292.00 Wm. P. Rus Inc. of Palo Alto 6,827.39 Stutz Cont. Co. of San Jose 6,566.00 Power Construction of Mountain View 5,770.00 Holmes & Elliott, Inc. of Santa Clara 5,501.00 Glage Underground Const. of Campbell 5,295.00 City Attorney introduced and read in its entirety Resolution No. 371, a resolution of the City Council of the Town of Los Altos Hills awarding contract for reconstruction of a portion of Hilltop Drive within said City to Glage Underground Construction Co. of Campbell, the low bidder. ACTION: Adopt Resolution No. 371 as read. MOTION: Bowler• SECOND: Fowle :ROLL CALL: AYES: Aiken, Bowler, Davey, Fowle, Mayor Henley NOES: None ABSENT: None 6. Johnson, M. R. - Request for Reimbursement for Culvert Installation in Tract No. 4034 - City Attorney. To avoid any possibility of a conflict of interest, Mayor Henley absented himself from the discussion and voting and turned the meeting over to Deputy Mayor Bowler. City Attorney reported the City Engineer took no exception to the cost figures presented by Mr. Johnson's attorney, but had the Town been aware of a responsibility to move the culvert, the entire drainage system would ]have been approached differently; therefore, on that basis, Engr. Cook submitted a figure of $1,050.00, covering only the installa- tion of the culvert under the road, with the intract drainage the responsibility of the subdivider. Since Councilman Aiken requested further background information on this matter, the matter was deferred to an executive session at the end of the Agenda, and the Mayor resumed the Chair. 7. Johnson, M. R. - Request for Extension of Time to File Final [dap, Tract No. 4159. ACTION: That the request of M. R. Johnson for extension of one year to December 27, 1967 to file Final Map of Tract No. 4159 be approved. MOTION: Davey; SECOND: Fowle (, ROLL CALL: AYES: Aiken, Bowler, .Davey, Fowle; NOES: None ABSTAINED: Mayor Henley; ABSENT: None. -6- IDVSCHEDULED ITEMS: Cont'd: 7. Whitman, James H. - Request for Extension of Time to File Final Map (303-65). �...) ACTION: That the request of James H. Whitman (303-65) for extension of six months to June 19, 1967 to file Final Map be approved, subject to the consent of the surety. MOTION: Davey; SECOND: Bowler; VOTE: Passed unanimously. Second Extension. 8. Barker, Wm. A. (V-270-66) - Request for Reduction of Setback Requirement for Stable and Swimming Pool. ACTION: That the request of Wm. A. Barker (V-270-65) be approved, in accordance with the Planning Commission's recommendations. MOTION: Aiken; SECOND: Fowle; VOTE: Passed unanimously. 9. Davis,Ro'oert T. (V-273-66) - Request for Reduction of Setback Requirex.� nt for addition of carport. ACTION: -- That the request of Robert T. Davis (V-273-65) be approved, in accordance with the Planning Commission's recommendations. MOTION: Bowler; SECOND: Aiken; VOTE: Passed unanimously. 10. Amendment of Freeway (Junipero Serra Route 280) Maintenance Agreement - City Engineer. City Engineer explained this amendment clarifies the maintenance of separation structures, town streets or portions thereof and landscaped areas within the Freeway limits and recommended approval. City Attorney introduced and read in its entirety Resolution No. 372, a resolution of the City Council of the Town of Los Altos Hills approving Freeway Maintenance Agreement. ACTION: Adopt Resolution No. 372 as read. MOTION: Aiken; SECOND: FOWle; Ra.L CALL: Aiken, Bowler, Davey, Powle, Mayor Henley (AY:S) NOES: None ABSENT: None The Mayor requested the City Engineer and City Manager to investigate l the exact portions of Magdalena Road which do not follow the Town limits because of the widening and to determine whether they are State or County. _7_ PRUSENTATIONS FROM THE FLOOR: NONE. {^{ RESOLUTIONS: 1. City Attorney introduced and read in its entirety Resolution No. 373, a resolution of the City Council of the Town of Los Altos Hills authorizing bank deposits and signing of checks. ACTION: Adopt Resolution No. 373 as read. MOTION: Fowle; SECOND: Bowler ROLL CALL: AYES: Aiken, Bowler, Davey, Fowle, Mayor Henley NOES: None ABSENT: None 2. City Attorney introduced and read in its entirety Resolution No. 374, a resolution of the City Council of the Town of Los Altos".Hills adopting a revised procedure relating to purchase orders for goods and services and rescinding a portion of Resolution No. 349 inconsistent therewith. ACTION: Adopt Resolution No. 374 as read. MOTION: Fowle; SECOND: Bowler ROLL CALL: AYES: Aiken, Bowler, Davey, Fowls, Mayor Henley NOES: None ABSENT: None ORDINANCES: 1. Ordinance No. 117, amending Ord. 7116 (Dedication for parks). City Attorney introduced and read the title of Ordinance No. 117, an ordinance of the City Council of the Town of Los Altos Hills wend- ing Ordinance No. 116 of said Town by amending the provisions of said ordinance relating to the amount of land to be dedicated and the amount of fee to be paid in lieu of land dedication. ACTION: That further reading of Ordinance No. 117 be waived. MOTION: Fowls; SECOND: Davey ROLL CALL: AYES: Aiken, Bowler, Davey, Fowle, Mayor Henley NOES: None ABSENT: None L First Reading. M OTHER BUSINESS BY COUNCILMEN: } 1. Councilman Davey announced she will be on vacation from December 16, 1965 to January 2, 1967 and will not be at the Town Hall during this period. 2. Mayor Henley requested the City Clerk to agenda Engineer Cock's overall Los Altos Hills Drainage Report (dated 12/5/66) for the December 19th meeting. At 11:00 P. M., Mayor Henley adjourned the Meeting to an Executive Session, asked to be excused, and turned the meeting over to Deputy Mayor Bowler. At 11:23 P. M., Deputy Mayor Bowler reconvened the meeting to continue the hearing on Mr. M. R. Johnson's request for reimbursement in Tract No. 4034. ACTION: That, in compromise of perspective litigation, the Town construct at its expense the pathway required along Magdalena Road in Tract No. 4034 in exchange for a release of any and all liability under the agreement with George T. Hemmeter dated April 14, 1958. MOTI0111: Davey; SECOND: Fowle ROLL CALL: AYES: Aiken, Davey, Fowle, Deputy Mayor Bowler NOES: None ABSENT: Mayor Hanley MF'ETING ADJOURNED: MOTION: Davey; SECOND: Fowle ADJOURNMENT: 11:26 P. M. to: NEXT REGULAR MEETING: Monday, December 19, 1966 at 7:45 P. M. at the Town Hall. 12/5/66 -mar; I -9- Respectfully submitted, CLAYTON J. SMITH City Clerk pro tem Town of Los Altos Hills