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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 -2- 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. -3- 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 -4- 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 -5- 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. -7- 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