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HomeMy WebLinkAbout06/18/1962 CITY COUNCIL TOWN OF LCE ALTOS HILLS MINUTES OF A REGULAR MEETING (11100 June 18, 1962 The s Regular ordertbygActing Mayor JohCouncil. Fowle , Mo day£ Altos of the City June18, 19621awas t 7:55 P. M. at the Town Hall, 26379 Fremont Road, Los Altos Hills , California. ROLL. CALL: PRESENT: Councilmen Aiken, Henley, Acting Mayor Fowle ABSENT: Councilman Sherlock, Mayor Clayton MINUTES: June 4, 1962. Corrections : Page 2: Fernhill Assessment District - Para. 3: Change the word 'Council ' to 'Counsel ' ; Para 5: Insert the word 'Riven' between the words 'being' and 'credit ' . Page 4: Home Occupation - Para. 1 : Insert the word^ 'to ' between the words 'relative ' and 'Home ' . Page 6: Munson, Theodore P. ACTION: Insert the words be -approved ' between the words ' lots ' and 'subject ' . MOTION: After the word I' ' ,tadadd wthe words ' lack of Second ' . Para. 7 : for 'to' between the words 'relative ' and ' approving' . Page 6: Change Order- Para 1 : Statement accredited to Mr. Faisant was made by Mr. Longmire ; Line 4: 2nd word should be ' found ' . Page 7: Fara 3, 2nd line : Should read, " Manager was asked to confer with the 'Perham Con- Struction Co. relative Mr. R. A. Gieseker requested that the Memo from Mr. Watson Clifford, Engineer, dated April 17, 1962, mentioned on Page 2 - Fernhill Assessment District - Para. 6, be made a part of the Minutes of June 4, 1962. Acting Mayor Fowle stated that this Memo will be incorporated into the Minutes as follows: "MEMO April 17, 1962 TO: Mr. Paul Salfen FROM: CHARLES S . McCANDLESS & COMPANY BY: Watson S. Clifford Subject: Fernhill Assessment District - Method of Assessment 1. On December 12, 1961, a petition containing cert- tain signatures of owners of property adjacent to Fernhill Avenue, requesting certain improvements was reviewed by this office. We prepared a report containing a preliminary cost estimate and tenta- tive method for assessment and submitted it to your office on Decem- ber 15M, 1961. The district boundaries, as tentatively outlined , did not include Mr. Gieseker's property since he had already paid the sum of $1200 for improvements to Fernhill Avenue and/or Camino Hermosa. -2- 2. We then began our field investigation, surveys , and office design. During the course of our studies, it was de- termined that the major portion of Fernhill between Camino Hermosa iiW and Lomita Linda would have to be reconstructed, along with the main portion of the project , in order to meet Town Standards, Upon completion of the project design, an engineer' s estimate was pre- pared disclosing the total cost of the project at $16,276.52. 3. A meeting was held early in March with Dr. James Cross and Mr. Linn Hunton, who, it was understood, were spokesmen for the Assessment District. We were informed that it was the de- sire oftheDistrict to have the assessment spread on a "building site" basis. We were further+informed that the District was will- ing to have that certain 6.43- acre parcel belonging to Mrs. Grace Green assessed as one building site with the understanding that a refunding agreement would be made between members of the District and Mrs. Green, should she develop her property at any future date . The spokesmen then requested, for the District , that that certain 1. 57- acre parcel belonging to Mrs. Bernardine Craig be included in the District at no assessment , with the understanding that a refunding agreement would be made between members of the District and Mrs. Craig should she construct access from the aforementioned parcel to Fernhill Avenue, which access does not exist at present . 4. We then consulted with you and Mr. Faisant , before setting the final boundaries. Unanimous agreement was reached on the items outlined inparagraph 3 above , and the inclusion of the Gieseker property. District boundaries were then drawn to include all propery adjacent to and having access from Fernhill Avenue. We then spread the assessment . 5. The arithmetic of the assessment spread is as follows : a. Total cost of project = $36,276.52 b. Total building sites = 20 c. Building sites on former Gieseker property = 4 d. Remaining building sites = 16 e . Since $1200 had been paid by Mr. Gieseker, the assessment for each of the 4 parcels noted in (2) above is $300 less than the normal assessment . f. To solve for the assessment , we let M = normal assessment, in dollars N = assessment for each of the 4 parcels noted (c) above , in dollars from (e) above : M = N + $300 or N = M - $300 and from (c) and (d) above : 16M = 4N = $16,276.52 substituting- 16M r .4(M-300) _ $16,276.52 16M + 4M - 1200 s,$16,276.52 20M 7 16,276-.52 + 1200- =, $17,476. 52 = M 6 $873.83 - N'•= $573.83 Memo cont 'd. -� (Assessment is recorded as $573.81 because of fractional accumu- lations . ) 41, SS/Watson S. Clifford" ACTION: Adopt Minutes of June 4, 1962 with corrections and additions. COMMUNICATIONS: 1. Santa Clara County Water Commission - Notice of Regular Meeting to be held June 20, 1962 in the Hearing Room of Planning Commission, Rm. 430, San- Jose City Hall: . Councilman Fowle will attend. 2. United Nations Festival - Request for a donation of funds for Festival to be held Saturday, October 27, 1962 at the Santa Clara County Fair Grounds. Referred to the Finance Committee. ANNOUNCEMENTS: 1. Notice of proposed annexation to the City of Cupertino. Filed. COMMITTEE REPORTS: 1. Police Investigations - Councilman Aiken. Councilman Aiken reported on investigations, by the Santa Clara County Sheriff ' s Office , of crimes committed in the Los Altos Hills area. A written report, dated June 18, 1962, was submitted. Following discussion, Councilman Aiken was requested to continue with his investigation. PUBLIC HEARINGS: 1. Fernhill Assessment District - Continuation of Hearing of Protests. Acting Mayor Fowle declared the Public Hearing open at 8:05 P. M. Letter, dated June 16, 1962, favoring the Assessment District, was read by Acting Mayor Fowle. The letter was signed by the following: Lynn W. Hunton, James W. Cross , Alan R. Cass , Roger A. Deal, Dale H. Hutchinson, K. Harman Powell, Elizabeth C. McClaine , and Elizabeth M. Sundeen. ` Letter from Ihp Eugene Buitrago, dated June 7, 1962, restated the protests to the Fernhill Assessment District as were discussed at the Meeting of June 4th, 1962 -4- Fernhill cont 'd. Mr. Hunton commented that his letter of June ']k summarized the feelings t of the signers, that the assessments seem equitable. �y Relative to the right of way for the Fernhill Road Improvements, the City Attorney stated that all but three property owners have dedicated for a 60 ' right of way; that Mr. Hunton and Mrs. B. Craig have declined to dedicate 60' ; that Mrs. Grace Green has indicated that she will dedicate whatever is necessary to construct the road. He suggested that the road be constructed without all the dedications , stating that if all dedicatio^ tions were made for a 60' road, future problems might be avoided, but he felt that there is sufficient right of way to build the road. Mr. Hunton announced that he will dedicate whatever is necessary to con- struct the road. Mr. R. A. Gieseker restated his objections to the Assessment District on the basis that the assessment of his property and properties of Cox and Buitrago is inequitable due previous Road Improvement Fee 01200.00) paid for four (4) sites . He referred to the exclusion of Lomita Linda as being unjust . At the request of Mr. Gieseker, Mr. W. Clifford, Engineer, outlined and explained the arithmetic of the Assessment District as is outlined in his Memo to Mr. Salfen, dated April 17, 1962. Comments were heard from Mr. Cox protesting to the exclusion of Limita Linda tem the district. Dr. James W. Cross commented in favor of the district. ACTION: That the matter be put off for two weeks. MOTION: Aiken; SECOND: Henley; Upon the suggestion of the City Attorney that the Public Hearing be closed prior to taking action, the Motion and Second were withdrawn. In answer to Mr. Roger A. Deal ' s question relative to bids , acting Mayor Fowle suggested he contact the City Attorney. Mr. Deal expressed his desire to proceed with improvement of Fernhill Rd. ACTION: That the Public Hearing for hearing protests to the Fernhill Assessment District be continued to the meeting of July 2, 1962. MOTION; Aiken; SECOND : Henley; VOTE: Passed unanimously Relative to awarding bid for the sale of bonds, Mr. Faisant recommended a delay until further action is taken relative to the Assessment District. tlir Mr. Gieseker expressed thanks to the Council for hearing his protests, and stated that he would be- willing to discuss the matter with anyone of -5- Fernhill cont 'd. the Assessment District . 0 i BY USI*.Ess: 1. Fremont-Manuella Project. Discussion. Deputy City Clerk Clayton Smith reported that the Contractor, the Perham Construction Co . , has not indicated whether or not he is willing to can- cel the Contract . Mr. Faisant reported that , on July 11th, he will meet with the Purissima Hills County Water District Board of Directors to discuss relocation of water lines in Fremont Road. He invited Councilmen to attend. Mr. George Evans suggested the Council consider improving streets on the proposed detour route, namely Miranda, Estacada, and Manuella \venues. 2. Fremont Hills Development Co. - Proposal of Payment in Lieu of Planting Deferred until requested by the proponents to appear on the Agenda. NEW BUSINESS: 1. Robleda Hills Assessment District - Water and Road Improvements for Robleda Hills Units No. 1 and 2. . Mr. Faisant announced that he has received a petition, signed by all of the owners of more than 60% of the property within the proposed assessment district. Mr. Wm. T. Newman, Developer, stated that the proposed improvements are for drainage , roads, and water for seventeen lots. After discussion and in view of the precedent beingestablished in an assessment district of this type (by the developer) , the .Mayor tabled further consideration to the next regular meeting;in order that Councilmen may give the matter further study. 2. Fremont Hills Country Club - Public Hearing on Request for Liquor License. The Public Hearing was opened. There being no comments from the Floor or from the Council , the Mayor declared the Hearing closed. ACTION: That the Liquor License be granted . MOTION: Henley; SECOND : Aiken; VOTE: Passed unanimously 3. Land Use. Letter, dated June 16, 1962, from Gordon E. Bowler, Chairman of the Plan- ning Commission, put the Council on notice that the allocation of land „for non-residential use has been exhausted, and requested policy with re- gard to further applications for non-residential use. -6- Land Use cont ' d. ACTION: That the Council indicate to the Planning Commission that it is the sense of the Council that the Planning Commission should stand by the 111. Master Plan as written. MOTION: Aiken; SECOND: Henley; .Acting Mayor Fowle commented that he felt the matter of land use should further discussed when the full Council is present , andthat a public hearing should be held, with the possibility of amending the Master flan. Mr. Richard Towle stated that he was present at the Planning Commission' s meeting of June 16th and requested that the following statement be entered in the Minutes , "I believe that they are asking for guidance in regard to upholding the raster Plan, and that they would welcome a Public Hear- ing which would clearly restate the general public opinion on the present 8% limit on non-residential use , as well as any other comments pertaining to the Master Plan. " Acting Mayor Fowle said the matter will be reconsidered by the full Coun- cil , but felt that the Planning Commission should abide by the provisions of the Master Flan. Mr. Wm. T. Powell questioned what consideration will be given relative to the timefactor for applicants who have net before the Planning Commis- sion. and stated that he felt that discussion before the full Council and public hearing should be held. VOTE$ Passed unanimously The Acting Mayor declared a recess from 9:35 to 9 :45 F. N. DIVISIONS OF L4 D : 1. Baker, Milton L. (228-62) 2 lots. Engr. Marvin Wolff. Deputy Clerk Smith explained that approval has been recommended for the Tentativenap by the Planning Commission under the provisions of Sec. III , Subsec. 3:40 of Ord. No. 69 and conditions of the Check List . Following discussion of how the Town can be assured that the purchaser of Lot No. 2 will also purchase the strip of land , approx 167.20' , lying be- tween Lot 2 and the parcel to be purchased by the Division of Highways for right of way for the proposed Junipero Serra Freeway, the Acting Mayor stated that Action on the Map will be tabled until an Agreement is sub- mitted, to be executed by the Mr. Baker and the Town to assure purchase of the above cited strip of land , said agreement to include description of the property and notarization. 2. Cross , Dr. James W. (207-61) Tract No. 3221. Engr. Marvin Wolff. ACTION: Ls That the Final Map of Dr. James W. Cross , Tract No. 3275, be ap- proved , subject to posting of sufficient bond for improvement ; that the Clerk withhold signing of Map until conditions of ap- proval are met. Cross cont 'd. MOTION: Aiken; SECOND: Henley; VOTE: Passed unanimously 3. Munson, Theodore P. (227-62) 2 lots. Engr. Marvin Wolff. 16 Mr. Wolff, Engineer, stated that all parties, Mr. Munson and Mr. Sylvester Andriano , have agreed that Lot No. 1 is not building site and to the sub- division subject to all conditions and fees. They have agreed that a building permit will be withheld until adequate water supply is available. ACTION: That the Tentative Map of Theodore P. Munson, Tract No. 2236 be ap- proved, subject to conditions of the Check List ; that Lot No. 1 shall not be deemed a building site unless and until itis concluded by the Council that adequate water supply is available for that lot; that Elena Road, contiguous to the subdivision, is improved for one-half (1/4) width. MOTION: - Henley; SECOND: Aiken; VOTE: Passed unanimously OTHER BUSINESS: 1. El Monte Road. Acting Mayor Fowle reported the Planning Commission' s comments of the meeting held June 16, 1962 at which the they:discussed the matter -ofpaths being required along El Monte Rd. when the Countymakes- the improvements. Mr. Longmire commented that paths were not required. The Deputy Clerk was requested to study the possibility of where paths might be located. The City Attorney suggested that, if the County Board of Supervisors have not acted on the relinguishment agreement for El Monte Road , perhaps a special meeting might be called to rescind the Action. WARRANTS: Bills , in the amount of One Thousand Thirty-Four Dollars and Eighty-Eight Cents ($1,034.88) , were presented by Councilmen Aiken. ACTION: That the bills be approved ; that the Clerk be authorized to draw appropriate warrants. MOTION: Henley; SECOND : Aiken: ROLL CALL: AYES: Aiken, Henley, Acting Mayor Fowle NOES : None ABSENT : Sherlock, Mayor Clayton MEETING ADJOURNED: 11 :00 P. M. NEXT REGULAR MEETING: Monday, July 2, 1962 at '7 :45 F. M. at the Town Hall. Respectfully submitted, 6-18-62 CLAYTON J. SMITH, Deputy City Clerk jlm