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HomeMy WebLinkAbout10/04/1965CITY COUNCIL _ T014N OF LOS ALTOS HILLS MINUTES. OF A REGULAR MEETING October 4, 1965 The Regular Meeting of the City Council of the Town of Los Altos Hills was called to order by Mayor Albert T. Henley, Monday, October 4, 1%5 at 7:50 P. M. at the Town Hall, 26379 Fremont Road, Los Altos Hills, California. ROLL CALL: PRESENT: Councilmen Aiken, Bowler, Clayton, F'owle (7:51 P. M.), Mayor Henley ABSENT: None Councilman Fowle arrived at 7:51 P. M. PLANNING COMMISSION REPRESENTATIVE: Commissioner Walter A. Benson APPROVAL OF..MINUTES: September 20, 1965• Correction: Motion of Adjournment as stated on bottom of Page 81 Other Business, Item 1, Corbetta Subdivision #2, should be inserted in the proper order of business at theend of Page 10, Item "&DJOURNMENT: MOTION:". ACTION: Adopt Minutes of September 20, 1965 as corrected. MOTION: Clayton; SECOND: Bowler; VOTE: Passed unanimously. September 27, 1965• ACTION: Adopt Minutes of September 27, 1965 as submitted. MOTION: Clayton; SECOND: Fowls; VOTE: Passed unanimously. COMMITTEE REPORTS: 1. Report of Auditor. At the request of the City Council, Mr. Leonard E. Bullis, of Bullis, Johnson, Carson and Allen, Town Accountants, answered general inquiries as to the Town's accounting procedures and audit. COMMITTEE REPORTS: Report of Auditor (Cont'd.): n Following discussion, it was suggested that Mr. Bullis submit a record of the Town's capital investments and recommend a simple procedure for internal control. It was further suggested by the Council that Mr. Bullis review the Town's accounting procedure during theaudit and appear before the Council if any recommendations. are forthcoming. 2. Councilman Aiken - Report on Paths through Foothill College. Councilman Aiken spoke with Mr. William Cutler, and to Mr. Cutler's knowledge all requirements have been met for intract campus paths; if further requirements remain, he is not aware sof them. Councilman hiken reported there is a footpath through the College, but to his belief it is not satisfactory to the mothers whose children attend school in that area. It was discussed that to pursue this matter further, it would be necessary to ascertain the specific locations which are unsafe or unuseable so that the College may be informed. Mayor Henley asked Councilman Aiken to pursue the inquiry along these lines. 3. Law Enforcement Committee. As a matter of interest, Councilman .liken reported he had C\ attended the first meeting of the Law Enforcement Committee l and that the ground work had been laid for a most satisfactory start. Mayor Henley stated he was confident the Committee will do a good job. OLD BUSINESS: 1. Although the general idea of an employee pension plan was considered appropriate by the Council, several of the members of the Council felt they were not in a position at the present time to assess it from a technical view. Councilman Clayton suggested a Committee of two Councilmen be formed to review the plans as submitted and include this item in the budget for the next fiscal year. Councilman Clayton offered his experience and to serve on the committee. Mayor Henley ruled to put this matter over until an appointment can be made to assist Councilman Clayton. 2. Fremont Hills Development Co. - Relief of Deposit for Protection of ands of Berger. Mr. Wm. D. Coldiron, of Fremont Hills Development Co., was present and explained the background as submitted in his letter of September 17%. Mr. Coldiron requested the Council to refund -2- OLD BUSINESS: Fremont .Hills (Cont'd.) the deposit in order to dissolve the Company, and further stated these improvements have been in existence .for seven years and there is no evidence of any damage. In the event a release from this deposit is not possible, Mr. Coldiron would insist hopefully that the Council set a maximum amount for this fund and that their balance be no greater than that portion of the water they contribute to the drainage channel, which was determined to be 55% by an engineering survey. It was the opinion of the Council that since the deposit is refundable in 1968, all that is in dispute is the date. How- ever, there is a contingent liability for the remaining three years 2nd a review of the Town's insurance coverage is an important one. The Mayor instructed the City :attorney to review the insurance contract, with the insurer and that this matter be returned to the e-gendda for action, one way or the other, at the October 18h meeting. Further discussion revealed that Mr. Coldiron's interpretation of the damage agreement entered into with the Town was that it contair_ed a refunding agreement whereby the Town would collect from all upstream divisions of land a pro rata share of the installation cost of the improvements installed by Fremont Hills and that it is their desire to obtain any funds that may be collectible. The City ttorney stated there is no agreement to refund and, even if there were, there is no fundfrom which it could be paid. �E47 BUSINESS: 1. Charles R. Garbett - .:appeal of Tlumbing Regulations. Mr. Garbett has requested the use of plastic pipe for water and drainage disposal and for venting purposes. This request was denied by the wilding Department since it does not meet the requirements of the Plumbing Code. ",CTION: That the appeal of Charles R. Garbett be denied.. MOTION: Clayton; SECOND: Bowler City Manager presented Mr. Garbett's letter dated September 10! and documents supporting his appeal• however, following dis- cussion, it was the opinion of the 6ouncil to remain steadfast to the Code adopted by the Town. 1 The Question was called: VOTE: Passed unanimously..: -3- NEW.BUSINESS (Cont'd.): 2. Cary and Vicki Jones - Claim for Dar;'ages. This claim is contingent upon a small triangular parcel of land at 12600 Page Mill Road, adjacent to the Matadero Hills .Subdivision. City Manager recommended this natter be deferred until the next regular meeting since he has been unable to date to determine its exact location in the field. ACTION: That the Jones Claim be referred. to Sta£££or investigation and report. MOTION: Clayton; SECOND: Liken; VOTE: Passed unanimously. 3. Oliver Noll - Request for Extension of One year for Completion of Improvements, Tract No. 3380. - GCTION: That the request of Oliver Noll for extension of one year to September 3, 1966 for completion of inrrovements in.Tract No. 3380 be approved, subject to the extension of the cash deposits. MOTION: Bowler; SECOND: Clayton; VOTE: Passed unanimously. �- 4. Hilmar C. Nelson - Request for Extension of One Yearfor oGTmpie-t on o�:aprovements in Tract No. 3287. ACTION: That the request of Hilmer C. Nelson for exten- sion of one year to August 17, 1966 for completion of improvements in Tract No. 3287 be approved, subject to the proper bonding. MOTION.: ..".iken; SECOND: Fowls; VOTE: passed unanimously. VLRI f.NCES : - 1. LeylandBrooks (V-231-65) - Reduction of Setback Requirement to Eighteen re at (18') for Game Room. .CTI ON : That the request of Leyland Brooks (V-231-65) for setback reduction to eighteen feet (18') for game room be approved in accordance with the recommendations of the Planning Commission.. - ':U MOTION: Fowls; SECOND: Clayton; VOTE: Passed unanimously. -4- BUILDING SITE FFROVAL: 1. Gerard Investments Ltd. �-SP. 2-64) - Engr. Riley. City Manager reported this request for building site approval was submitted under Ordinance �No. 99 (since repealed) and Tentative Pier was approved by the Council on July 20, 1964, subject to the approval of the Fire District. This arproval has now been received and Record of Survey submitted (under Ordinance No. 102), shDwing the required 30' dedication along the Robleda Road alignment. CTION: That the request of Gerard Investments Ltd. (BS.'. 2-64) for building site approval be approved, subject to the dedication. MOTION: Clayton; SECOYD: ::iken It was noted the Planning Commission did not require paths -and landscaping. Councilman Clayton was of the opinion the Council must establish a cnsistent reeuirement for raths or not at all. On .the basis of this discussion, Councilman ;;ikon withdrew his Second. Councilman Bowler differed with such a policy, since it would be an unreasonable hardship in some cases, and suggested the. established criteria of normally ree_uiring path funds and landscaping be continued, with each building site receiving individual consideration. Councilman Clayton's Motion died for lack of a Second. ACTION: That the request of Gerard Investments "td. (BS:. -2-64) for building site aEproval be referred back to the Planning ommission for review and recorm;endation. MOTION: Fowls; SECOND: ;_iken; VOTE: Passed unanimously. 2. Robert Scapple (BS_, -22-65)- Attorney S. T'?orley. Mr. S. R. Morley, attorney for Mr. Scaprle, ,ms present and reiterated Mr. Scapple's desire t.; build on this lot and obtain building site approval (refer to Planning. Commission Minutes of 9/13/65 and 9/27/65)• Councilman Clayton pointed out that in relation to "takes" by the State in regard to the Freeway that the Council had established a firm policy of not allowing less than one acre U -5- BUILDING SITE APPROVi,L: Scapple (Cont'd.): sites of unimproved land and it was his belief that the Division of Highways was aware of this policy. It was discussed that Planning Commission approval did not take into consideration the fact this land was unimproved and would set a precedent nor that the only previously approved lots made substandard by a "take" for the Freeway were improved lots. Councilman Bowler stated the fact that people would still like to own less than one acre lots in Los !altos Hills is not impressive, but this is contrary to our ordinances and our fundamental principles. :CTION: That the request of Robert Scapple (BSI -22-65) be denied. MOTION: Bowler; SECOND: Fowls; VOTE: Passed unanimously. 3. R. J. Cashman (BSC. -23-65) Since the City Engineer's letter was lacking, this matter was not readyfordiscussion. Since time was of the essence, Mr. Cashman requested building site approval, subject to the C-1 City Engineer's letter. J ACTION: That the request of R. J. Cashman (BSA -23-65) for building site approval be approved, subject to the conditions set by the Planning Commission and conditions as set forth by the City Engineer and other.agency approvals. MOTION: Fowls; SECOND: Bowler; VOTE: Fassed. unanimously. DIVISIONS OF LAND:, Tentative Maps. 1. Carriage Hill Park (308-65) 9 lots. En. -r. H. Mulberg. Planning Commission recommendations and Check List were read. ACTION: That the Tentative lIap of Carriage Hill Park (308-65) dated September 1965 be approved, subject to the Planning Commission CCheck List and cognizant approving agencies. I'IOTION: Bowler; SECOND: Clayton; VOTE: Passed unanimously. -6- DIVISIONS OF LAPID: Final Maps. 1. Albertsworth Estates Unit dry, Tract #°x4064 - Engr. C. Coburn. ACTION: That the Final Map of .'.lbertsworth Estates Unit m5, Tract f•Y4064, be approved. MOTION: Aiken; SECOND: Clayton; VOTE: Passed unanimously. RESOLUTIONS: 1. City Engineer presented project statement showing estimated expenditures of funds allocated from the State Highway Funds to Cities from the gas tax allocation and resolution adopting same. The City Attorney read in its.entirety, Resolution No. 321 a Resolution of the City Council of the City of Los Altos Aills, adopting and submitting a budget for expenditure of funds allocated from the State Highway Funds to Cities. ACTION: Adopt Resolution No. 321 as read. L MOTION: Clayton; SECOND: Fowle ROLL C'.LL: °.YES: Piken, Bowler, Clayton, Fowls Mayor Henley NOD None iBSENT: None COMMUNICATIONS: 1. John B. Rutherford, 160 Main Street, Los .'0 tos, dated 9/27/65, thanking the Council for its action on the Ashby -Crafts re- subdivision and commending the Council for its position on sanitary sewers, urging three courses of action to accomplish this end. With regard to the sewer study, the iiayor stated the suggestions made by the McCandless Office will be reviewed at the end of the. Agenda. 2. Communication dated September 27, 1965 signed by Donald Spencer, 27490 Sherlock Road, Clyde Low, 27751 Moody Road, and David Janssen, 27440 Sherlock Road regarding a zoning violation at 27540 Sherlock Road. Referred to City Attorney for review and report. It was noted that upon Council action of 9/20/65, the City Attorney is presently reviewing the zoning ordinance. -7- �. COMMUNICi.TIONS (Cont'd.) 3• David Barnhill, 13040 Alta lane North, dated ectober 4, 1965, annotating the events from the time he T'urchases his home and the activities on the property. Copies were before the Council. The Mayor requested the Council review this letter further, in view of its length and scope and that he would like instruction from the Council at its .next meeting as to whether or not this is the appropriate answer to its letter. :T_?P70UNCE,NTS 1. Inter -City Council Meeting, 'T'hursday, October %Uh,. Brave Bull, Los altos. Dinner at 8:00 J'., Mayor's Meeting, 6:30 T. M. 2. J. Robert Dempster, Mayor, City of Cupertino, announcing ground- breaking ceremonies for. the new City Hall, ushering in the City's Tenth Anniversary, and extending an invitation to the Council and Staff. 1, kills, in the amount of TEN THOUSI:ND, ONE HUNDRED TWENTY ONE and Twenty Cents (310,121.20), were presented for payment by , Councilman Fowls. ACTION: That the bills, as presented, be approved and the City Clerk be authorized to draw the appropriate warrants. MOTION: Fowls; SECOND: Aiken ROIL CATS,:. AYES: Aiken, Bowler, Clayton, Fowle, Mayor Henley. ''OES: None 1:BS9'I`. None OTHER BUSINESS: 1. Sewer Study - CityEngineer. Discussion of the sewer study revealed there was no doubt that a study is necessary to establish the Town's position in regard to the neighboring communities, but Council was of the opinion it should be reviewed further and placed on the Agenda for the -- meeting of October 180. Since there is a commitment in the Corbetta Subdivision area, Councilman Bowler inquired if this area needs to be derendent upon the general study or if there is knowledge enough for precise action; and lacking that, would a study cover this area first. The Mayor requested the City Manager to contact the City of I:os Altos and obtain in writing whether or net this study would ,{ meet their requirements for planning, -8- O—ER BUSINESS (Cont'd.): 2, Councilman Clayton had a T.�cssible matter on which he suggested an executive session; however, it was suggested Councilran Clayton confer with the City tlttorney so that he right rule on its content andproper disposition. .DJOU3?'T "TT: NOTION: Clayton; SL'CO➢TD:. BDwlar Icg„TITTG 'DSOU–WD: 10:23 T. F. Vl-XT REGUL.R IT`DTITG: Monday,>>ctober 13, 1965 at 7:45 P. M. at the Town Aall. Resrectfully submitted, 10/4/65—mars t`J -9- City Clerk Town of Los i.ltos Bills