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HomeMy WebLinkAbout05/21/1962 • CITY COUNCIL TOWN OF LOS ALTOS HILLS MINUTES OF A REGULAR MEETING [[ May 21, 1962 ,`fie Regular Meeting of the City Council of the Town of Los Altos Hills was called to order by Mayor Wm. B. Clayton Monday, May 21 , 1962 at 7: 55 P. N. at the Town Hall , 26379 Fremont Road, Los Altos Hills , Calif. ROLL CALL: PRESENT : Councilmen Aiken, Fowle , Sherlock, Mayor Clayton ABSENT : Councilman Henley MINUTES : Nay 7, 1962. Corrections: Page 2, Item 2, Fara. 2 : Insert the word (of) between the words 'matter ' and 'the ' . Page 2, Item 6 : Mrs . Phyllis Wilson, last para. : Add the following, " but , if a letter is received on Monday, the day of a meeting, it may be actedupon at the pleasure of the Council. " Page 3, Item 2: "Vacation . of Public Utilities Easements in Tract No. 2062 & 2093: para 1 : 2nd line : Should read , " of public utilities easements , was presented Page 5: Item 2 McDonald , Grace - 2nd line should read , . Hermoso was discussed , andit was decided that if construction is deemed impossible, I, ACTION: Adopt Minutes of May 7, 1962 with corrections. CON TUNIC. TIONS: 1 . A. I . Lev,-, - Letter, dated Nay 21 , 1962, suggested. the Council consider securing additional police protection , citing instances of thefts and vandalism. Mr. Levy was present and commented further on his letter and the need for more adequate investigations of thefts in an effort to recover losses suffered by contractors in the area. The Mayor referred the Tatter to the Police Chief and Councilman Liken for study o£'the method of investigation used by the County. 2. Chamber of Commerce of Los Altos - Letter requested the Town' s par- ticipation in the matter of contributing between $300 to 3500 as its share of the budgeted expenditures for the 1962-63 fiscal year. Upon the suggestion by Councilman Fowle , the Mayor referred the matter to the City Manager for study , to be reported on at the next meeting. ANNOUNCEMENTS: ILtLeague of California Cities - Peninsula Division will hold its Regular * Meeting will be held May 24, 1962 at the Green Hills Country Club in Millbrae . The City Manager will attend. -2- 2. Santa Clara County Water Commission - Regular Meeting to be held on May 23 , 1962. FUBIIC HEGRING: Vacation of Public Utility Easements - Tract Nos . 2062 and 2093. The Mayor declared the Public Hearing open, and asked for comments from the Floor. There being none , the Public Hearing was closed. The City Attorney presented and read Resolution No . 202, vacating Public Utility Easements in Tracts Nos . 2062 and 2093 , in its entirety. ACTION : '.dont Resolution No . 202 as read. MOTION: Fowle ; SECOND : Aiken; ROLT_. CALL: AYES: Liken, Fowle , Sherlock, Mayor. Clayton MOSS: Tone ABSENT : Henley OLD BUSK?ESS: 1. Cl Monte Improvement Protect - Deferred from May 7, 1962 Meeting. The City Manager stated that the plans were received from the County Office of Public Works late Friday evening, May 18«; that the Engineer had not hnd an opportunity to study the -clans in detail , but that they were practically the sage as those already seen by Councilmen. Mr. Longmire , Engineer, reported that the plans need considerable study relative to possibility of soil erosion control, planting in the median rather then having concrete . He stated. that he would like to see a more thorough study of the drainage problems . Councilman Fowle suggested that the matter of planting and upkeep of the planted area be considered. He also questioned the condition of road at the entrance to the College and to the West of the entrance . The Mayor referred the plans to the Engineer with the request for a full report to the Council at the next meeting. Payor Clayton was excused and Deputy Mayor Sherlock took the Chair at 8:20 P. E. 2. Fernhill Fro,lect 61-1 - Beport of Bids . The City Manager ..reported the amount of bids submitted for the Fernhill Improvement Project were as follows : Kunz Paving Co . - 111 ,100.15; Ferham Construction Co. - 9,511 , 331.00 : Martin J. Taaffe Co . , Inc . - y11 ,826. 53 Total cost of improvement , estimated by the City Engineer, is Fourteen Thousand Six Hundred Fifty-Two Dollars and Twenty Cents ($14,652.20) . ONN The City Manager announced that a Public Hearing has been set for Monday, June 4, 1962 at 8:00 F. N. at the Town Hall at which time the bid will be award. to the lowest bidder. No action was taken. -9- • 3. Melchor, J. - Request for Reconsideration of Conditions of Approval of Tentative Subdivision Map. Letter ,from Mr. Melchor, dated May 11, 1962, was read. Letter re- quested the Council to consider leaving Westwind Way a private road, to be_maintained by him, purchasers of the three proposed 'homesitess and -Dr. Philbrick. In a letter, dated May 11 , 1962, Dr. Gurdon S. Pulford, requested per- mission to postpone the improvement of Westwind Way and the improve- ment of the drainage area of Westwind Way east of the private cul de sac until the acreage is further subdivided. Total estimated cost of improvements , estimated by John W. Riley, En- gineer, is $33 ,971 . Mr. Longmire, City Engineer, commented on the drainage problems now existent , and stated that they would be increased with improvement of Westwind Way, but stated that it was his opinion that the drainage improvements should be required at this time. After discussion, the Council proposed that Mr. Melchor be required to improve Concepcion Rd. , abutting the property, improve Westwind Way up to the entrance of the cul de sac , that Westwind Way and the cul de sac remain private roads , that the drainage improvements be constructed as required by the City Engineer; that these improvements be dedicated to the Town; that full improvement to La Paloma and the remainder of Westwind Way and the dedication of Westwind Way as a public road be required at such time as the remainder of the land of Melchor is subdivided. Deputy Mayor Sherlock declared a three minute recess (9 :00 P. M. ).e . The Meeting reconvened at 9 :05 P. M. Mr. Melchor stated that he was agreeable to this proposal , but ques tioned whether or not building permits could be obtained by owners of the four sites . City Attorney gave his opinion that to deviate from the Subdivision Ordinance, one of three alternatives were possible--(1) Amend the Ordinance , (2) Subdivide under provisions of Sec. III , Subsec. 3 :40 which would allow no building permits, (3) Subdivide under the pro- visions of Sec . VII , which would require referral back to the Plan- ning Commission for Public Hearing and recommendation. In view of the element of time involved and the desire to proceed with construction of four homes , Mr. Melchor requested permission to con- sider the proposal. ACTION: That the Tentative Map of Jack Melchor (223-62) 5 lots be re- ferred back to the Planning Commission for fez consideration as a conditional exception, recommending that Westwind Way and the cul de sac be private roads; that Concepcion Avenue be improved , with paths . constructed; that both ends of Westwind Way be dedi- cated as necessary for the construction of adequate drainage facilities, and subject to the opinion of the Fire Chief. MOTION: Aiken; SECOND: Fowle ; The Attorney stated that building permits should not be issed, and that a public hearing will have to be held . AMENDMENT : Y That , if Mr. Melchor does not wish to avail himself of this hr proposal, he may continue with_his..subdivision under the condi- tions imposed at the meeting of May 7, 1962. AMENDED BY: Aiken; SECOND : Fowle; VOTE: Passed unanimously Councilman Henley arrived and Councilman Liken was excused at 9:15 P. M. 4. Fremont-Manuella Project - Change Order. The City Engineer submitted a Change Order for relocation of water lines (Purissima Hills County Water District) in Fremont Road. The City ;attorney stated that it was his opinion that the Water Dis- trict should relocate the water lines in the street , but felt that the Town would have to order the work done and litigate with the District to have them pay. It was determinedthat , under the terms of the Change Order, present- ed by the City Engineer, the Town assumes the cost of relocation of the water lines . ACTION: That the Change Order be approved as proposed by the City En- gineer. iOTICN: Henley; SECOND: Fowle; ROLL CALL: AYES: Henley, Fowle , Deputy Mayor Sherlock NOES : None ABSENT: Aiken, Mayor Clayton ACTION: That the matter be referred to the Legal Committee and the City Attorney and that the effort be made by the Legal Committee and the City :attorney to litigate from the Purissima Hills County Water District the expenditures made by the City for relocating the facilities in the road , that the matter of precedent in similar situations be reviewed and brought to the attention of the Council . i"OTI^N: Henley; SECOND: Fowle; VOTE: Passed unanimously NE',1 B SIITESS : 1. Home Occupation - Review. Oerut Mayor Sherlock opened the discussion by reading SEC. 'VI , Subsec. 6 :10 of Ordinadce 78, which described 'Home Occupation' . hat Mr. Clark Smith a property o:,rner, on La Rena Drive , reported on his operation of a _ me: occupation , battling of insecticides . Remarks were hoard From i`"rs . H. L. Russell and Mrs. E. A. McLaughlin, residents on La Edna_ Drive objecting to the operation of this type -of business in a residential neighborhood. . Nome. Occupation cont 'd. Relative to the issuance of a Building Permit for structure housing ?r. Smith' s business, the City Manager stated that the Building In- srector was aware of the intended use , and after checking with the City attorney and City Manager, issued the permit for an accessory structure. • The Deputy Mayor voiced the opinish of the Council by stating that there seemed to be no violation of the Zoning Ordinance , and referred the matter to the Council ' s legal Committee and the City attorney. 2. Fremont Hills Country Club - Reouest for i.pproval of liquor license. The City Clerk explained the problem requiring Council action in approving the liquor license . He reported that the Planning Com- mission had recommended approval. The City _ttorney stated that the Use Permit would have to be amend- ed to include the sale of alcoholic beverages. Deputy Nayor Sherlock referred the request for approval of a liquor license for the Fremont Hills Country Club back to the Planning Com- mission for Public Hearing on the Use Permit . 3 . libr^.ry Commission - Recommendation for :appointment . The City Manager was directed to answer the Commission ' s request, stating that the Council has no recommendation. VORIONCES : 1 . Goodman, J. R. (108-62) - Request for Reduction of Setback Requirement for Residence. LOTION: That the request of Joseph R. Goodman (108-62) be approved, sub- ject to the change in the Plan to bring the nearest support post of the deck withinthe aprroved setback line. MOTION: Fowle; SECOND : Hawley; VOTE: Passed unanimously 2. Elvin, Kenneth F. (V-109-62) - Request for Reduction of .etback Re- quirement for Swimming wool . • ,CTION: That the request of Kenneth P. Elvin (109-62) for reduction of setback requirement for swimming pool be approved. MOTION: Henley; SECOND : Fowle ; VOTE: Passed unanimously DIVISIONS OF LAND : Tentative Na :w 1 . Chatlien Donald G. (226-62) Engr. B. Plehn. L ';CTION: That the Tentative Map of Donald G. Chatlien (226-62) be ap- -6- Chatlien cont 'd. proved; ,that Mr. Chatlien be urged to use his good offices to try and set up a mutually agreeable maintenance contract for the private road. MOTION : Fowle ; SECOND : Henley; VOTE: Passed unanimously 2.: McClain, Elizabeth (224-62) - Engr. John Riley. The City Clerk read the recommendation for approval submitted by the Planning Commission, noting that the subdivision was approved with one substandard (in area) lot . He statedthat he and Mr. Longmire , City Engineer, made an on site inspection and found there were no engineer- ing problems. Mr. Longmire stated that , relative th the Fernhill Assessment District , Mrs. McClain is being assessed for one parcel only. :CTI ON: That the Tentative Map of Elizabeth McClain (224-62) 2 lots be approved, subject to the conditions imposed by the Planning Commission, and the recommendation that there be an agreement "between the two property owners for maintaining the private road out to Fernhill Drive. MOTION: Fowle ; SECOND : Henley; VOTE: Passed unanimously 3 . St . John-Gilbert , 0. M. (222-62) - Engr. John Riley. ACTION: That the Tentative Map of St . John-Gilbert (222-62) be approved , subject to the conditions of the Check List and approval of all agencies , with the recommendation that an appropriate agreement be entered into between the owner and the purchaser ef the .:newly created lot for `the maintenance -of the private road. MOTI^N: Henley; SECOND: Fowle; VOTE: Passed unanimously Final Maps : 1. Fremont Hills Development Co. (208-62) 'Mesabi. of Lots 5, 6, & 7 of Unit No. 6. Engr. L. G. Brian. The City Clerk stated that the Developers have reuuestedthat con- sideration be given to approving the Final Map, but that request was not received in time to appear on the printed Agenda. Due to urgency involving probation of the will of one Lot the former associates , the Clerk requested the Cou,icil to c..nsrder the final map. ACTION : Lis That the Final Map of the Fremont Hills Development Co. (208-62) Resubd. of Lots 5, 6, & 7 of Unit Ko. 6 , be approved . MOTION: Fowle ; SECOND : Henley; VOTE: Passed unanimously -7- RESOLUTIONS: 1. Resolution No. 201 - Intent to Vacate Fublic Utility Easement . Resolution No. 201 was presented and read in its entirety by the City LClerk. ACTION: Adopt Resolution No. 201 as read. MOTION: Fowle ; SECOND : Henley; ROLL CiLL: AYES: Fowle , Henley, Deputy Mayor Sherlock NOES: None ABSENT : Aiken, Mayor Clayton WARRANTS: Bills, in the amount of $1941.17, were presented by Councilman Fowle . ACTION: That the bills, in the amount of One Thousand Nine Hundred Forty-One Dollars and Seventeen Cents ($1941.17) , 15e°.:approved for payment ; that the City Clerk be authorized to draw the ap- propriate warrants. MOTION: Fowle ; SECOND: Henley; ROLL CALL: AYES : Fowle , Henley, Deputy Mayor Sherlock NOES : None ABSENT : Aiken, Mayor Clayton MEETI_TG ADJOURNED: 10 :37 P. M. NEXT REGULAR MEETING: Monday, June 4, 1962 at 7:45 P. M. at the Town Hall. Respectfully submitted, PAUT W. SATEEN City Clerk jlm 5-21-62