HomeMy WebLinkAbout05/03/1965CITY COUNCIL
TOWN. OF LOS ALTOS HILLS
MINUTES OF A REGULAR MEETING -
May 3, 1965
The Regular Meeting of the City Council -o£ the Town of Los Altos
Hills was called to order by Mayor pro tem Wm. Ross Aiken,
Monday, May 3, 1965 at 7:55 F. M. at the Town Hall, 263`]9 Fremont
Road, Los Altos Hills, California. "
ROLL CALL: PRESENT: Councilmen Bowler, Clayton, Fowle, Henley
Mayor pro tem Aiken
ABSENT: None
PLANNING COMMISSION
REPRESENTATIVE: Chairman Arthur S. Alter
In view of his absence at the April 19, 1965 Council Meeting,
Mayor pro tem Aiken .read aprepared statement. Mayor pro tem
Aiken proposed the following Motion and appealed to Councilman
Clayton not to challenge the vote regarding the Mayor's office
and that Councilman Bowler not vote on any matter in which a
challenged vote could embarrass the Town, and that no further
action be taken in regard to the office of Mayoruntil the
Committee makes its report, and to place the long range interests
of the Town foremost.
ACTION:
That a Committee composed of persons other than
members of the official family of this Town be
formed to: investigate this entire mess; that they
be charged to look into all facts without emotion
and bias and report specifically on the following:
1.- What was Mr. Clayton's involvement in the
matter of the Taaffe property?
2. Is Gordon Bowler legally on the Council?
This Committee to be comprised of:
1 person appointed by Mr. Clayton
1 person appointed by the opposition to Mr. Clayton
1 person appointed by Mr_ Bowler
1 person appointed by the opposition to Mr. Bowler
3 citizens of this Town selected by the above four,
and agreeable to these four.
This Committee is to report its findings in no more than
ninety (90) days.
�. MOTION: Aiken; SECOND: Clayton -
i
Councilman Clayton seconded the foregoing Motion for the purposes
of discussion,and comments were requested from the Floor.
i� General comments were heard from Messrs. Breyman, Janssen, and -
Ewing.
AMENDMENT TO MOTION:
That this Committee have the power of subpoena,
but that it use this power judiciously.
AMENDED BY: Aiken; ACCEPTED: Clayton
The following residents were heard from as opposing the Motion,
that it is a matter for the Council to determine and not a matter
for a Committee: Messrs. Gutt, Stegner, Pfeiffer, Bumstead, and
Mrs. Goldsmith.
The following residents were heard from as favoring the Motion
that a committee be formed: Mesdames Roselaar, Micheletti,
Voorhees, and Messrs. Cathcart, riper, Corduan, Bedell,
Albertsworth, Ewing, Young and Cunneen.
The following residents commented generally on the proposed
Motion: Messrs. Spencer, Wooddell, Towle, and Breyman.
Councilman Bowler maintained his residency is legal and that it
would be unfair to a Citizen's Committee to face a task that
would be a challenge to any court.
Mr. C. Cathcart adjusted his position on his stand of a Committee
being formed since a thorough investigation would prolong the
issue and continue to stir up the Town. Mr. Cathcart, however,
did feel there was legitimate reason for Councilman Bowler to
resign, and stated that his attorney awaited instructions to take
legal steps.
Other speakers from the Floor were Messrs. Deacon, Pfeiffer,
George,. Janssen, and Breyman.
Sanford Berliner, attorney for Mr. Cathcart, referred to his
prepared petition to the Attorney General of the State of
California.
In view of the above petition to be presented to Mr, Bowler,
Player pro tem Aiken proposed the following Amendment:
'MENDMENT TO MOTION:
That Item 2 of the original Motion be stricken
from the record, thereby reducing the number
of the Citizen's Committee to five (5).
AMENDED BY: Aiken; ACCEPTED: - Clayton
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Councilman Clayton expressed his desire for a complete, open
and unbiased investigation which will reveal all the facts the
^} Town's people want to see and hear.
Further discussion from the Floor was heard by Messrs. Bedell,
Mead, Wheeler, and Mesdames Toth and Weisbart.
An amendment to the original Motion by Councilman Clayton was
accepted by Mayor pro tem Aiken as follows:
AMENDMENT TO MOTION:
That the investigation be broadened to include
many items which have occurred within the past
year and that said committee shall have the
authority to go into secret meetings which have
transpired, thereby not limiting this investi-
gation to .the particular issue at hand.
AMENDED BY: Aiken; ACCEPTED: Clayton
In response to an inquiry from the Floor, the following
additional amendment was proposed:
:MENDMENT TO MOTION:
That all hearings of the Committee must be
(_ ) public, with no facts withheld, and such
-- hearings to be held at the Town Hall.
:MENDED BY: Aiken; ACCEPTED: Clayton
Comments were then heard from the Councilmen. Councilmen Fowle
and Henley were not in favor of the Motion, contending the only
issue before the Council was one of confidence in the Mayor and
not one of misconduct. Councilman Henley stated if it were the
wish of the Town's people to have a Committee (to which he had
no objection), their results would be the basis for action by
the electorate, but that it would not disturb the action already
taken by the Council.
Councilman Clayton supported the Motion in order that the
Committee might have the opportunity to delve in greater depth,
since he felt there were many facts not previously considered.
Mayor pro tem Aiken declared the charges which have been made
must be faced and the air cleared since the interest of the Town
must be paramount, contending his Motion will fairly and completely',
settle the matter.
It was clarified that the "secret meetings" referred to in one of
` the Amendments did not mean personnel or litigation sessions.
(� Councilman Bowler abstained from the discussion and voting.
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6.t the request of the Council, and for the benefit o£ the Floor,
the Motion and Amendments"were grouped in the interest of clarity
and voted upon as follows:
AMENDED MOTION:
That a committee composed of persons other than
members of the official family of this Town be
formed to investigate this entire mess; that they
be charged to look into all facts without emotion
and bias and report specifically on the following:
1. What was Mr. Clayton's involvement in
the matter of the Taaffe property?
This committee to be comprised of:
1 person appointed by Mr. Clayton
1 person appointed by the opposition to Mr. Clayton
3 citizens of this Town selected by the above two
(2), and agreeable to these two (2)
This Committee is to report its findings in not more
than ninety (90) days;
That this Committee have the power of subpoena, but
that it use this power judiciously;
That the investigation be broadened to include many
items which have occurred within the past year and
that said Committee shall have the authority to go
into secret meetings which have transpired, thereby
not limiting this investigation to the particular
issue at hand;
That all hearings of the Committee must be public,
with no facts withheld, and such hearings to be
held at the Town Hall.
MOTION BY: Aiken; SECOND: Clayton
ROLL CP L: AYES: Clayton, Fowle, Henley
Mayor pro tem Aiken
�,. NOES: None
( ABSTAINED: Bowler
ABSENT: None
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APPROV'.L OF MINUTES: Anril 19, 1965•
Correction: Page 5, ORDINANCES, Item
1,
(Fire Ord. No. 105), 2nd line:
and amend 'Section SVI' to 'Section XVI
(A)'.
ACTION:
Adopt Minutes of April 19, 1965
as corrected and amended.
MOTION: Henley; SECOND: Fowle
VOTE: Passed unanimously.
COMEUNI CATIONS:
1. City of Santa Monica, California, Office of the Mayor, dated
April 13, 1965, requesting a City Council Resolution
supporting legislation LB 2050.
In view of Council policy, no action was taken and the
letter ordered filed. -
ANNOUNCEMENTS:
1. Inter -City Council Meeting, Thursday, May 6, 1965, Host City:
City of Campbell. - -
COMMITTEE REPORTS:
1. Planning Commission - Chairman Alter reported he had attended
the State Highway Commission Meeting with members of the
Committee for Green _Foothills, read City Council Resolution
No. 301 requesting a restudy of traffic requirements for the
Page Mill Road-Arastraderq Road interchange at Junipero Serra
Freeway, and answered questions. Chairman Alter reported the
State Commission was in favor of considering a lesser inter-
change and that it is now a matter of complete agreement with
the City of Palo -1to and Santa Clara County.
OLD BUSINESS:
1. Election of Mayor. -
BCTION:
t. That the voting for the Office of Mayor be
postponed to the Council Meeting of July 6,
1965, and until that time, the Mayor pro tem
(Councilman Aiken) shall be continued in the
Chair, and that Councilman Fowle be appointed
Deputy Mayor pro tem for the same period..
MOTION: Fowle; SECOND: Henley
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OLD BUSINESS: Election of Mayor (Cont'd.):
It was discussed that the election of the Mayor be postponed
until the Citizens' Committee report is complete and the
tenure of Councilman Bowler's office settled; however, since.
the report will not pertain to the action of the Council on
the Mayorship, the Question was called.
ROLL CALL: AYES: Bowler, Fowle, Henley
Mayor pro tem Aiken
NOES: Clayton
ABSENT: None
ACTION:
That there be reaffirmation of past Council
action up to and including the meeting of
May 3, 1965•
MOTION: Fowle; SECOND: Henley
The Motion was seconded for purposes of discussion. Comments
were heard from Messrs. Bedell, Janssen and Mrs. Voorhees of
the Floor.
Following discussion, the Motion and Second were withdrawn,
since no action was considered necessary.
NEW BUSINESS:
1. Louis F. Corbetta — Request for Extension of Time for
completion. of. Improvements in Tract No. 3486.,
City Manager read Louis F. Corbetta's letter dated April 12,
1965 requesting an extension of six (6) months to November 4,
1965 to complete improvements.
ACTION:
That the request of Louis F. Corbetta (247-63)
for extension of time to November 4, 1965 to
complete improvements in Tract No. 3486 be
approved, subject to the consent of the bonding
company.
MOTION: Henley; SECOND: Clayton; VOTE: Passed unanimously.
2. Drainage
Easement
Abandonment
- Tract No. 194?.
Withdrawn
from the
Agenda.
(1 -6-
NEW
BUSINESS (Cont'd.):
�) 3.
Allen C. Carmichael - Overhead Service to E1 Monte Signal Light.
City Manager referred to Mr. Carmichael's letter dated
April 15, 1965. He explained the original instructions
were for underground wiring, but apparently through an
oversight of the contractor and the Santa Clara County
Inspector, it was installed. aboveground.
The City Manager was instructed by the City Council to
have this misunderstanding rectified.
BUILDING SITE AFFROVAL:
1.
N. Ferry.Moerdyke (BSa-11-65) - Building Site Approval.
City Manager read planning Commission's recommendations and
-
Check List, and City Engineer's letter of approval.
Mr. Moerdyke was of the opinion the cost for the required
improvements, including the necessary grading, plus cuts
and fill, was unreasonable for a two -lot subdivision, and
submitted his Engineer's estimate.
CIXTI ON:
(.)
That the request of N. Perry Moerdyke (BS: -11-65)
be held over until the May 170 meeting, pending
an estimate from the City Engineer.
MOTION: Henley; S-1COND: Clayton
Since Mr. Moerdyke will be out of town May 170, his
hearing was continued to June 70.
AMENDED MOTION:
That the request of N. Ferry Moerdyke (BS.'. -11-65)
be held over until the June 7% Council Meeting,
pending an estimate from the City Engineer.
MOTION BY: Henley; SECOND: Clayton; VOTE: Passed unanimously.
2.
John E. Cobb - Appeal of Planning Commission's
-(BSL-12-65)
llenial of Building Site Approval,
City Manager read Planning Commission recommendations.
Comments were heard from Mr. D. Farley, realtor representing
the buyer, Mr. Gutt and Pirs. Toth.
At 11:17 F. M., the Player pro ten adjourned the meeting to
-.
a Study Session on litigation matters.
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BUILDING SITE APPROVAL: Cobb (Cont'd.):
1t 11:22 P. M., Mayor pro tem Aiken called the meeting to
�. order.
ACTION:
That the application of John E. Cobb (BS:: 12-65).
for building site approval of Lot $16, Tract #2958,
be approved; provided, however, that this approval
shall not be deemed in any way an approval or
condonation of the apparent violation of the grading
ordinance of the Town.
The City Attorney is directed to investigate
possible criminal prosecution of the parties
responsible for such violation.
MOTION: Bowler; -SECOND: Fowle; VOTE: Passed unanimously.
ORDINFNCES:
1. Fire Ordinance No. 105•
Fire Commissioner Don T. Hibner, Chairman of the Los Altos
Fire Protection Commission, presented the revised draft of
Ordinance No. 105, resulting from a meeting with .Chief Bassett,
Lt. Farwell, Councilman Fowle and Fire Commissioner Alter.
Councilman Bowler was excused at .11:30 P.. M.
Summarized, the changes encompassed the following:
1) Substitute "wooded areas" wherever 'forest areas' appear
2) Section XIII Public announcement will be rade by
"Fire Chief" when there shall be no open burning
3) Section XV,- change 110,000 volts to"115,000" volts
4) Combine Sections XVI and XVII and renumber following
Sections
5) Section XVI - Add "Chief may require removal of all
flammable vegetation within ten (10) feet on each side
of any roadway"
6) Clarification of Section 1400 of California Health
and Safety Code regarding swimming pool regulations.
The City Attorney read the title of Ordinance Mo. 105, an
Ordinance of the Town of Los C.ltos Hills, adopting regula-
tions for the prevention, suppression, and control of fire
hazards, repealing ordinances in conflict therewith, and
providing penalties for violation thereof. .
_CTION:
That the reading of the balance of Ordinance
No. 105 as amended be waived.
NOTION: Henley; SECOND: Clayton
ROLL CALL: AYES: Clayton, Fowle, Henley, Aiken
NOES: None
ABSENT: .Bowler _g_
Wr-_RR `.NTS :
1. Bills, in the amount of EIGHT THOUS^,ND EIGHT HUNDRED
EIGHTY-NINE DOLLARS and Thirty-six Cents ($8,889.36),
were presented by Councilman Henley.
ACTION:
That the bills, as presented, be approved;
that the City Clerk be authorized to draw
the appropriate warrants.
MOTION: Henley; SECOND: Clayton
TROLL C.LL: AYES: Clayton, Fowle, Henley
Mayor pro tem Aiken
NOES: None
ABSENT: Bowler
ADJOURNMENT: MOTION:
Clayton;
SECOND:
Henley
MEETING ADJOURNED: 11:55
P. M.
to
NEXT REGUL.f,R M'3 STING: Monday, May 17, 1965- at 7:45 F. M.
at the Town Hall.
Respectfully submitted,
11.AUL W. .SATEEN
City Clerk
5/3/65-mam Town of Los 11tos Hills