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HomeMy WebLinkAbout09/20/1965CITY COUNCIL TO1WN OF LOS ALTOS HILLS MINUTES OF A REGULAR MEETING September 20, 1965 The Regular Meeting of the City Council of the Town of Los Altos Hills was called to order byMayor Albert T. Henley, Monday, September 20, 1965 at 7:45 P. M. at the Town Hall, 26379 Fremont Road, Los Altos Hills, California. ROLL CALL: PRESENT: Councilmen Aiken, Bowler, Clayton, Fowle (7:50 Pel Mayor Henley ABSENT: None PLANNING COMMISSION REPRESENTATIVE: Commissioner Helen Ashby APPROVAL OF MINUTES: September 7, 1965• Corrections: Page 2: 1) OLD BUSINESS, Item 3, Public Address System— Town Hall, (a) 3rd para. insert "that the" at the beginning of 2nd sentence; - (b) 4b para., add to second sentence following $50.00 "however, bids were not compatible". Page �3: DIVISIONS OF LAND, Final Maps, Item 1, I. J. Weber, correct Tract No. 4032 to "Tract No. 4035"• ACTION: Adopt Minutes of September 7, 1965 as amended. MOTION: Aiken; SECOND: Bowler VOTE: Passed unanimously. COMMITTEE REPORTS: 1. City Attorney -Re: Zoning Complaint. City attorneyread his letter dated September 200 to the Council regarding the. Ellertson complaint against the Barnhill property at 13040 Alta Lane North. After taking .all submitted statements ".0 at face value, it was his opinion there do not presently exist sufficientgrounds for initiation of legal- actionby the. Town;: CO=TTEF RErORTS: City Attorney (Cont 'd.): however, the City Attorney felt the Council may wish to consider further clarification of the Zoning Ordinance in regard to "servants". Mayor Henley stated he was not prepared to overrule the City Attorney, but was of the opinion the matter is unsatisfactory as it stands and proposed the following measures. for Council consideration: 1) , letter from the Staff to the appropriate offices at Stanford University and Foothill College calling atten- tion to the Zoning Ordinance, quoting its terms, and requesting the cooperation of their offices in enforcing it. 2) Undertake an immediate review of Ordinance No. 78 relative to tightening it so that the possibility of servants, who are roomers in disguise, cannot be brought into exceptions. 3) That a letter be sent to Mr. D. Barnhill, and signed by the Mayor representing the Council. ( The Chair r 1 - read the proposed letter.) "✓ Mayor Henley relinquished the gavel to Deputy Mayor Bowler and proposed the following Motion: ACTION; That the foregoing three actions be taken. ' -.:._ MOTION: Henley; SECOND: Aiken Councilman Fowls suggested the letter include a request for a reply from Mr. & Mrs. Barnhill declaring their. intention to .comply with the spirit of the law .and that the matter of the, recent complaint be held open pending receipt thereof. PS4END.F.➢ MOTION: That the letter to Mr. & Mrs. Barnhill include such language as suggested by Councilman Fowle. ATTENDED BY: Henley; ACCEPTED BY: Aiken; VOTE: Passed Unanimously. .Gavel was returned to the Mayor. ':.� -2- OLD BUSINESS: `1. Councilman Fowls, on behalf of Mr. L. P. Corbetta, requested the Council to review, but not take action, on Corbetta Subdivision Unit #2.' ACTION: That the Council place on the Agenda the Corbetta Subdivision Unit #2 under "OLD BUSINESS". MOTION: Fowle The Mayor agreed with the Staff that matters not on the.Agenda and involving, large public interest shouldnotbe heard with a view to action. However, in view of Councilman Fowle's request, it could. be discussed and recorded without approving action.. under "Other Business" and the matter continued to the next meeting. Under this ruling, Councilman Fowls withdrew his Motion. 2. Public Address System for Town Hall. .City Manager reported he had received only one resubmission of bids on the PA System for $532.36, including installation, but excluding the compressor/limiter as requested by the Council. }..� Councilman Aiken stated he can obtain the compresser/limiter at a cost of 'V5.00 and would install it on the amplifier without cost to the Town. ACTION: That the Public Address System as submitted and. the expenditure of 9560'7.36 for its purchase and installation be approved, under appropriates guarantees. MOTION: Aiken; SECOND: Fowls ROLL CALL 1 -YES: Liken, Bowler, Clayton, Fowle Mayor Henley NOES: None hBSENT: None J:EW BUSINESS: a 1. Employee Pension Plan. - _ Council was divided as to its degree of. preparedness to act in .this area or whether the matter should be further studied and deferred to the next fiscal year. Councilman Aiken was of the opinion this matter should not be pending indefinitely and that Uthe matter be continued to the next regular meeting.. th tlar meetin of Chair ruled to agenda this item for e nex regu g October 46. -3- ' VARIANCES: 1. Odom Wm. G. (V-230-65) - Request for Reduction of Setback Requirement£or Residence. ACTION: That the request of Wm. G. Odom (V-230-65) for reduction in setback for residence be approved in conformance with the Planning Commission's recommendations, with the exception the twenty foot (20') setback granted be referred to as the. "most easterly" corner. MOTION: Clayton; SECOND: Bowler; VOTE: Passed unanimously. Brooks, Leyland (V-231-65) - Request for reduction of Setback for Fool: ACTION: That the request of Leyland Brooks (V-231-65) for setback reduction from 40' to 27' for pool be approved, in accordance with the recommenda- tions of the Planning Commission. MOTION: Clayton; SECOND: Fowls; VOTE: Passed unanimously. USE PERMIT: 1. Garbett, Charles R. (UP -229-65) - Request for Secondary Dwelling.. ACTION: That the request o£ Charles R. Garbett (UP -229-65) for secondary dwelling be approved, in accordance with therecommendations of the Planning Commission. MOTION: Fowls; SECOND: Bowler; VOTE: Passed unanimously. BUILDING SITE Y:FTROVAL: 1. Yasmon F. Powell (BSG -10-65) - Engr.. Riley & Floyd. ACTION: That the request of Harmon K. Powell (BSA -10-65) for building site approval of Lot #2, Tract #3664 be approved, subject to the requirements imposed by the Planning Commission and the Council require- ment that equire-mentthat this major foundation be designed by a licensed structural engineer. MOTION: Bowler; SECOND: Aiken; VOTE: Passed unanimously. -4- --DIVISIONS OF LEND: Final Maps. � . 1. Hillcrest Unit #1, Tract #4019 - Engr. Hammond & Assoc. .CTI ON: That the Final Map of Hillcrest Unit #1, - Tract #4019, be approved. MOTION: Clayton; SECOND: Bowler; VOTE: Passed unanimously. ORDINANCES: 1. Ordinance No. 110 - Relating to Characteristics of Structures. In view of past rental violations, the above ordinance has been proposed to prohibit multiple dwellings in the guise of single family dwellings. The ordinance proposes that structures be limited to one front door, one kitchen and all of the internal space interconnected to form a single dwelling unit. Discussion on these requirements followed. Councilman Bowler, sponsor of the ordinance, was of the opinion this ordinance did not impose architectural control, but is totally specific on three simple points with the minimum disturbance of people's rights. Variances could still be obtained in the usual manner. However, it was the opinion of the remaining members of the Council that the approach.should be to strengthen the existing ordinances rather than have the Building Inspector responsible - for what was deemed to be in the realm of architectural control. It was also felt that more than one kitchen is not unreasonable (or .even more than one entrance for a sincere owneV not inter- ested in renting, as Mr. C. R. Garbett pointed outJ and that bathrooms and hot and cold water facilities were desirable in a barn. Further discussion revealed it was evident Council concurred in principle to restrict the use of structures to the exact .use of single, one family dwellings, but opinion was divided on how to enforce "certainty" of the definition without offending. Since it appeared considerable study was necessary, Chairman Fowle moved: ACTION: That Ordinance No. 110 be tabled. MOTION: Fowle; SECOND: Aiken; VOTE: Passed unanimously Although opposed to such a restrictive ordinance, Councilman Liken was in sympathy with what the Council was proposing to accomplish and further pursued the matter by offering the following Motion: - -5- ORDII 'CES: Ord. No. 110 Vont'd.): ACTION: That the preface of the Standard Specifications for Subdivisions be amended by adding the following. - sentence to the end of the third paragraph "...It should be noted that all residences are to be constructed for single family occupancy only." MOTION: Aiken Following discussion, the Motion died for lack of a Second. W ARR..INTS 1. Bills, in the amount of EIGHT THOUS.UTD, SIX HUNDRED SIXTY- . EIGHT and Thirty -One Cents ($8,668.31), were. presented for payment by Councilman Fowle. ACTION: That the bills, as presented, be approved and the City Clerk be authorized to draw the appropriate warrants. �.. 11OTION: Fowls; SECOND: Clayton ROLL CALL: AYES: Aiken, Bowler, Clayton, Fowle, Mayor Henley NOES: None ABSENT: None COMPNNICFiTIONS: 1. Mrs. LombardRice - Re: Traffic Accidents Hilltop Drive. City Manager reported that appropriate warning signs for the curve and a.."Not a Tarn Street" sign had been posted, and that he was in .receipt of written reports from the Sheriff's'Office showing a total of .three reported accidents in this area within the past year. Following fulldiscussion of the matter, Council instructed the City Manager to:. 1) Place yellow centerline buttons in the curve areas; 2) Seek advice from the AI - 3) Discuss with the Sheriff s Office the pros and .cons ofa-barrier fence; 4) Advise Mrs. Rice of the Council's action. COMMUNICATIONS(Cont'd.): - ' 2. Fire Chief Bassett, dated August 30, 1965, addressed to „-.. PlanningCommission. As a matter of information to the Council, City Manager reported Chief Bassett's concern for the serious condition created by the increased use of unnamed private roads. The Staff has. .been directed by the Planning Commission to determine the status of all private roads falling within the Chief's recommendations. 3. .Oliver No!!, 224 Everett Avenue, Palo Alto, dated September 13, 1965,requesting his acreage at Dawnridge Avenue and Hilltop Drive, and four lots on Piagdalena Road and Princess Elleena Court be included -in the Sewer ._assessment District, if and when formed. 4. Oliver Noll, 224 Everett Avenue, Palo :Ito, dated September 13., I"" requesting an extension of one year to complete improve - Vents in Tract #3380. This matter is called to the attention of the Council since Mr. Noll's letter was not received in time for this Agendaand the final date will expire before the next regular Council meeting. 5. Mr. William D. Coldiron, Fremont Hills Development Co., dated. September 11, regarding monies on deposit for possible -. damage to the Berger. property. The City Clerk was instructed to place this ratter on the Agenda for the October 4'1 meeting. 6. John B. Rutherford, '160 Main Street, Los Altos, .dated Sept. 16, 1965, requesting the City Council to reconsider its action of August 16w on the Ashby -Crafts Resubdivision (307-65)• Councilman Fowle requested that Mr. Rutherford's letter be read. Chair so ruled:. In view of the circumstances that this was merely the altering of one boundary line in two existing lots and that time was the essence on the closing date cf this property, the City Attorney ruled the requirement that Tepa Way be accepted as a public road could be deleted, if the develop - meat has recorded legal right to travel over the road. ACTION: That the previous action of August 16, 1965 by the City Council on the:shby-Crafts Resubdivision (307-65) be amended by deleting the requirement that Tepa Way be accepted as a public road, all otherconditionstoremain as stated MOTION: Bowler; SECOND: Aiken; VOTE: .Passed unanimously. -7- 1. League of California Cities, Peninsula Division Meeting September 30, 1965, Host city, San Mateo - Villa Chartier, San Mateo, 7:30 P. M. - Guest Speaker Mr. Frederick B. $olobo£f, President, California State Public Utilities C=issicn. 2. Councilman Aiken announced, as a point of interest since there had been opposition t^ the Town's -ordinance requiring undergrouno. utilities, that the Sept. -Oct. issue of Santa Clara Valley Plans reported the new FHA policy of requiring underground utilities for new residences. - - 3. Mayor Henley announced the following appointments tc. the Citizens' Police Committee: George Pfeiffer II, CH"IRr',.',N, 26970 Orchard Hill Lane Tele. 948-6168 E. Corduan, 10531 Magdalena Road - 948-7868 C. W. Hartford, 23551 Camino Hermoso - 948-6451 Donald L. Spencer, 27490 Sherlock Road - 948-9602 Kenneth young, 14470 Manuella Road - 948-8315 Chairman Pfeiffer has schedulerl a meeting for Tuesday, September '28t, 7:30 P. M. at the Town Hall. 2.11 Councilmen are invited and will receive notices of all subsequent meetings. OTHER BUSINESS: 1. Corbetta Subdivision Unit ;{2 Mr. L. P. Corbetta explained the subject subdivision had been ..approved by the Planning Commission on June 28, 1965 and had made financial commitments rending approval of the Final liar.. However, inasmuch as there had been considerable delay regard-. ing sewers (see Council Minutes of 7,ugust 2, August 16, and. September 7t) and subsequent agreement in substance of all approving agencies, Mr. Corbetta pleaded the indulgence of the Councilto approve the Final Mar, subject to receipt of the appropriate documents. Council concurred that there had been undue delay in the processing of the Subdivision and that time was of the essence to. Mr. Corbetta, but in view of the missing documents and the fact this subdivision had not been an item of the Agenda, the Chair ruled that only two courses of action were open t: the Council: 1) Defer the matter until it is properly placed on the Agenda for the uctober 4+r meeting; or, 2) if the Council were willing to give of their time, a regular adjourned meeting could be held _ with proper notice of an Agenda containing this single item. ACTION: That the Council adjourn to next Monday evening, r,✓� September 27, 1%5 at 7:30 P. M. at the Town Hall (preceding the Flanning Commission Meeting) and that the ".genda shall contain the single item of the Corbetta Subdivision Unit 112. MOTION: Bowler; SECOND: Clayton; VOTE: Passed unanimously. -8- OTHER BUSINESS: Corbetta Subdivision Unit 112 .� Mr. M. R. Johnson expressed his objection to this meeting as setting a precedent. RESOLUTIONS: 1. - The City Attorney submitted for Council adoption a resolution commemorating the retirement of Judge Alfred W. Bowenfrom the Palo .lto-Mountain View Judicial District, and expressing, on behalf of the Council and the people of Los Altos Hills, -- its grateful acknowledgment of the public services rendered by Judge Bowen, and its best wishes upon his retirement, The City ,ttorney read Resolution No. 320, in its entirety, a Resolution of the City Council of the Town of Los Altos Hills, commemorating the retirement of Judge Alfred W. Bowen. <.CTION: That Resolution No. 320 be adopted as read. MOTION: Clayton, SECOND: Mayor Henley ROLL GALL: ?YES Aiken, Bowler, Clayton, Fowls Payor Henley NOES: None. ABSRNT: None OTHER BUSINESS (Cont'd.): 2. Claim for Damages - Christopher S. Lanagan, 4294 Grant Road, Mountaini� ew, by Attorneys for Claimant, Boccardo, Blum, Lull., Niland, Teerlink & Bell, San Jose. - b The City Manager reported this accident occurred outside of the limits of the Town and, therefore, no basis existed for a claim against the Town. ACTION: That the Claim of Christopher S. Lanagan be denied. MOTION: Clayton; SECOND: Bowler; VOTE: Passed unanimously. 3. State Legislation. The City attorney advised the Legislature has adopted the following two enactments which .suggest action by the Council: 1) The Subdivision Map Act has been attended, providing for cities to adopt an ordinance requiring dedication of land or payment of fees fir park purposes in each sub- division. If adopted, an. amendment. to the Town's ordinance -V would be required. This legislation is not mandatory, but adoption is recommended. Chair ruled that such a draft be submitted to amend the Subdivision Ordinance. -9- OTHER BUSIT'"BSS: State Legislation (Cont'd.): 2) Legislation has made it mandatory (but procedure may be waived) that a preliminary soils report by competent engineer be required. City Attorney was also instructed to draft an amendment along these lines.. 4. Mayor Henley requested that the auditor be present at the next regular meeting on October 4t. _.DJOURNMENT: MOTION: Howler; SECOND: Clayton M:EETING.',DJOURNED: 10:30 1. M. to NEXT REGUL'._R ',DJOURNED 17LETING: Monday; September 27, 1965 at 7:30 P. M. at the Town Hall. NEXT R?CUL'3 MEETING: Monday, October 4, 1965 at '7:45 T. Ii. at the Town Hall. Respectfully submitted, F.?UL W. S..".LEEN City Cleric F',!S/mam Town of Los Altos Hills 9.20/65 I