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HomeMy WebLinkAbout06/04/1962 . -0011' CITY COUNCIL TOWN OF LOS ALTOS HILLS MINUTES OF A R' GUI:AR MEETING June 4, 1962 The Regular Meeting of the City Council of the Town of Los Altos Hills was tcalled to order by Mayor Wm. B. Clayton Monday, June 4, 1962 at 7 : 50 F. M. at the Town Hall , 26379 Fremont Rd. , Jos Altos Hills , California. ROIT. CALL: PRESENT : Councilmen Fowle , Henley, Sherlock, Mayor Clayton ABSENT: Councilman Aiken MINUTES: May 21 , 1962. Corrections : Page 5, VARIANCES: Item 1 - Goodman: NOTION was seconded by Councilman Henley. Page 6: Item 1 , Fremont Hills Bev. Co. - para 2: Should read, "Due to urgency involving 'probate ' of the will ACTION: Adopt Minutes of Nay 21, 1962 as corrected . May 29, 1962. ACTION: Adopt Minutes of May 29, 1962 as submitted. COMMUNICATIONS : 1. Goth, Dennis & Aaron - Claim of W. D. Smiley against the Town for personal injuries sustained by his daughter in an automobile accident which occurred at the intersection of Lurissima & Robleda Roads . The Clerk reported that the City Attorney recommended denying the Claim. Mr. Faisant , City Attorney, commented on the 'defective conditions relating to property in the Town of Los Altos Hills ' mentioned in the Claim. He stated that the conditions meet the p-oviatsians of the Town' s Ordinances. The Clerk reported that the Sheriff ' s Dept. Report is on file . ACTION: That the Claim of W. D. Smiley, on behalf of his daughter, Nancy Jane Smiley, presented by Goth, Dennis & Aaron, Attorneys at Law, be denied. MOTION: Henley; SECOND : Fowle ; VOTE: Passed unanimously ANNOUNCEMENTS: / 1. Santa Clara County Boundary Commission - Notice of I.roposed Annexa- tions to the City of Mountain View, designated as Middlefield No. 40, Eldora No. 3 and Eldora No. 4. Filed. -c- v 2. Peninsula Highway Design Policy Committee - Notice of Meeting to be Thursday, June 14, 1962 at 10:00 A. M. , San Mateo Planning Office , Old Courthouse , Redwood City. Councilman Sherlock will attend. lin. Santa Clara County Inter-City Council - Notice of Meeting to be held Thursday, June 7, 1962 at the Red Coach Inn, Los Gatos at 7:30 P. M. Meeting of Committee of Mayors will be held at 6 :30 P. M. Councilman Sherlock or Mayor Clayton will attend. PUBLIC HEARINGS: 1. Fernhill Assessment District - Hearing of Protests. Mayor Clayton opened the Public Hearing at 8:00 P. N. to hear pro- tests to the Fernhill assessment District. The City Engineer reported that protestants represent 19.9% of the property owners in the District, leaving a remainder of 80.1% of non- protesting property owners . Mr. Gardner Bullis, Council for Mr. &: Mrs . Richard A. Gieseker, Mr. and Mrs. Joseph H. Cox, and Mr. & Mrs. Eugene Buitrago, Jr. , present- ed written protest of each of these property owners, protesting to "the extent of the Improvement District ; the failure to include Lomita Linda therein; also the assessment of property of protestants as unjust , unfair, unreasonable, disproportionate and excessive ; also to any inclusion of protestant ' s property within said Improvement District and to the Improvement District". Mr. Gieseker, spokesman for the group, stated that he and his neigh- bors , Mr. Cox and Mr. Buitrago, aro being assessed for 13% of the total cost of the improvements, whereas only 12% of Fernhill Road is in common usage , and Lomita Linda which is not in an adequate condi- tion is not included in the district , but has the sane status as Fernhill Road . Mr. Gieseker stated that he had paid into the Town' s Road Improvement Fund at the time he subdivided four (4) lots , the SUE of:Twelve-'Hundred Dollars 01200.00) , and felt that his and the Cox and Buitrago properties should not be included in the District. The City Attorney stated that Mr. Gieseker is being credit for the sum of Twelve Hundred Dollars ($1200.00) . Mr. Watson Clifford, Engineer for Chas . S. McCandless Co . , referred to his Memo to Mr. .Salfen, dated April 17, 1962, which explained that the assessments were made on a per lot basis rather than frontage basis. He referred to the method of assessment of the four lots for which Mr. Gieseker paid in the Road Improvement Fund. Relative to questions regarding acquisition of rights of way, and in order that further consideration may given to protests, the fol- lowing action was taken at the suggestion of the City attorney: CTION: That the Public Hearing to hear protests to the Fernhill Assess- ment District be continued to the meeting of June 18, 1962. -3- Fernhills Assessment District Cont'd . MOTION: Fowle ; SECOND: Henley; ROLI CALL: AYES : Fowle , Henley, Sherlock, Fay= Clayton NOES : None '.BSENT : ':iken Mr. Faisaht announbed-,that-the firm of Stone & Youngberg is the only firm bidding for the sale of bonds . He suggested that bids be called for and awarded at the next meeting. He presented and read Resolution No. 204, calling bids on sale of In= provement Bonds for the Fernhill Avenue Assessment Project No. 61-1 . ACTION: adopt Resolution No. 204 as read. MOTION: Fowle ; SECOND: Henley; ROLL GILL.: AYES : Fowle , Henley, Sherlock, Mayor Clayton NOES : None ABSENT : Aiken Mr. P . Hunton announced that he has declined to dedicate property for the_ right of way .and that Mrs. B. Craig also objects to making a dedication. Mr. Bullis raised the question as to whether an .Assessment District can be formed for a street which is not a nublic road. He stated that he objected to the Assessment District 5nrthe •basis that -information relative to title of the road is inadequate. . The Engineer advised that the road could be built without all the dedi- cations. 2. Vacations of Public Utility Easements - Tract No . 2842. Public Hearing was declared open. Resolution No. 205 was presented and read , in its entirety, by the City Attorney. There were no comments from the Floor. The Hearing was closed. ACTION: Adopt Resolution No. 205, vacating public utility easements in Tract No. 2842, as read. MOTION: Sherlock; SECOND: Henley: ROLL CALL: AYES: Fowle , Henley, Sherlock, Favor Clayton NOES: None ABSENT: Aiken -4- OLD BUSINESS : 1. Chamber of Commerce - Request for Funds. Iv The Clerk recommended that the request of the Chamber of Commerce for the contribution of funds for the 1962-63 Budget by Los • ltos Hills , be rejected. ACTION: That the request that funds be paid to the Chamber of Commerce ofr Los dlt3-y by the Town, be rejected. MOTION: Henley; SECOND: Sherlock; VOTE: Passed unanimously 2. Home Occupation - Pttoiney' s Report . The provision of the Zoning Ordinance (Ord. No. 78) , relative 'Hone Occupation ' was read ' ad discussed by the City attorney. Following discussion of whether to amend the Ordinance , the Mayor direct- the Clerk forward the Council ' s request to the Planning Commission to consider amending the provision of the Zoning- Ordsnance .pelatitevtoa • 'H;me Occupation' , The suggestion was made that consideration be given to changing 'Home Occupation' to a Conditional Use rather than a Per- mitted Use . 3, Equestrian Trails - Planning Commission' s Recommendation. The Clerk read the Planning Commission' s recommendation, establishing zones within' the Town for Equestrian Trails. Upon the suggestion of Councilman Sherlock, the Planning Commission will be requested to submit a Map showing the established zones . 4. Fremont Hills Development Co. - Proposal of Payment In _lieu of Planting. The Planning Commission' s recommendation for approval for the 'payment of Twenty-Six Hundred Dollar ($2600.00) to the Town in lieu of planting in Fremont Hills Unit No. 6 and maintenance of planting in Fremont Hills Unit No. 5: ACTION: That the request of Fremont Hills Development Co. , for payment of $2600.00 in lieu of planting in Unit No . 6 and maintenance of plant- in Unit 5, be approved . MOTION: Fowle; Notion was lost for lack of Second . Question of whether the sum of 182600.00 would be sufficient to do both planting and maintence. The Clerk that he did not feel that it would be a fair exchange . ACTION In the absence of the proponents, that the matter be tabled and be on the Agenda at the request of the proponents or the Planning Commission. F5- Fremont Hills cont 'd. NOTION : Henley; SECOND : Fowle ; VOTE: Passed unanimously NEW BUSINESS: lit . Ford. Country Day School - Request for Increased Limit of Pupil Enroll- ment . The City Clerk read the Planning Commission' s recommendation for ap- proval raising the limitation of enrollment to two hundred fifty pupils . Sr. John C. Ford stated that the limitation of two hundred fifty (250) pupils was a satisfactory figure. .',CTI ON: That the request of the Ford Country Day School , increasing the pupilaenrollmeat liditation to 250 students , be approved. MOTION: Fowle ; SECOND : Henley; The Mayor called for comments from the Floor. There were none . VOTE: Passed unanimously VARIANCES: 1. Gibson, Dennis R. (V-110-62) - Request for Reduction of Setback Require- ment for the Addition of a Pergola. pproval was recommended by the Planning Commission. ACTION: That the request Of Dennis R. Gibson for reduction of setback requirement to Sixty-Two Peet (62 ' ) from the road be approved. MOTION: Sherlock; SECOND : Henley; VOTE: Passed unanimously 2. Collins , Wm. D. (V-110-62) - Request for Reduction of Setback Require- ment for Residence Oddition. Approval was recommended by the Planning Commission. ?.CTI OTT: That the request of Wm. D. Collins (V-110-62) for reduction of set- back requirement be approved. MOTION: Henley; SECOND : Sherlock; VOTE: Passed unanimously DIVISIONS OF LOO : 1 . Cross , James W. (207-61) 2 lots . Engr. Marvin Wolff. L The Clerk stated that approval wapreviously withheld until the Fern- hill Assessment District was formed to improve Fernhill Road; that in anticipation that the Fernhill assessment Project would be approved, the map was placed on the Agenda. -6- Cross cont 'd. kir Upon the suggestion of the City Attorney, the following action was taken. ACTION : That the Tentative Map of James W. Cross (207-61) 2 lots be ap- proved , subject to the conditions of the Planning Commission' s Check List and posting of Bond for road improvements . MOTION: Henley; SECOND: Fowle; VOTE: Passed unanimously 2. Munson, Theodore P. . (207-62) 2 lots. Engr. Marvin Wolff. Recommendation of the Planning Commission was read by the Clerk, re- commending approval cf the Tentative Map subject to conditions of the Check List. ACTION: That the Tentative Map of Theodore P. Munson (207-62) 2 lots , subject to the conditions of the Planning Commission. MOTION: Sherlock; Motion lost for Questions were raised relative to Lot No. 1 not being approved as a Building Site until adequate water supply is available and the poss- ibility of waiving road improvements. Mr. Wolff explained that his client would like to have the requirement for road improvement waived , stating that a fee was paid Mr. S. Andriano who previously subdivided the property. He requested that the Map be approved under Sec. III , Subsec. 3 :40 of Ord. No. 69 and that all im- provements be waived until adequate water-supply is available. ':.£ter consideration of the fact that Mr. Munson intends to deed Lot 1 back to Andriano, the suggestion was made that the Common line between Lot 1 and the Andriano property be erased , thus not creating_ a building site. At the request of Mr. Wolff, the Mayor tabled the ratter until Mr. Wolff and Mr. Munson can discuss , with Mr. Andriano , the possibility of re- moving the line . The City 'attorney was asked to draft a policy regulation relative approv- ing subdivisions in areas where water supply iS deemed inadequate by the residents , but Subdivider has water rights that run with the land. OTHER BUSINESS! 1. Change Order - `remont-Manuella Project . Mr. Raisant reported that , upon investigation as requested by the Coun- Lrelative to where the liability lies with regard to re-location of utilities. He stated that in his contact with State Hiway Officials , he fould that it is the Town' s liability for relocation of the Purissima Hills County Water District ' s water lines . He further stated that steps -7- Change Order coned nay be taken to re-locate the lines and let bids , and request payment from MCS Funds from 5H Gas Tax Allocations . Following discussion of the Town' s following the procedure , the Attorney rerorted that he had notified the Water District that the Town expects them to ray for relocation of the lines. The possilibity of cancelling the project was discussed , and the City Manager was asked to confer with the eerhem Construction Co. relative - to cancelling the contract fur Fremont-Manuella Project . The City attorney was asked to request a meeting with the Board of Directors of the Furissima Hills County Water District relative to paying for the relocation of water lines in Fremont Road . WARRANTS : Bills, in the amount of Four Thousand Eight Hundred. Fifty-Three Dollars and Sixteen Cents (14,853. 16) , were presented by Councilman Sherlock. ACTI ON : That bills, in the amount of 14,853. 16, be approved as submitted ; that the Clerk be authorized to draw the appropriate warrants for payment. MOTION: Sherlock; SECOND : Fowle ; ROLL CALL: .".YES : Henley, Fowle , Sherlock, Mayor Clayton NOES: None ABSENT: Aiken OTHER BUSITNESS: 2. El Monte Road. Mr. Alen C. Carmichael questioned whether the City will supervise the drainage construction near the entrance to St. Nicholas School and O'Keefe Lane. He said water from this area now drains onto his subdi- vion. . The City Clerk stated that the plan is to take the water back to Adobe Creek. The City Engineer stated that the improvement of the road will not • cause any more water to drain onto the Carmichael property than there is at the present time. MEETING ;ADJOURNED : 10:45 F. M. NEXT REGULAR NETTING: Monday, June 18, 1962 at 7:45 F. U. at the Town Hall . Respectfully submitted , PAUL W. =FEN, City Clerk 410 TOWN OF LOS ATTOS HILLS „1n 6-4=62