HomeMy WebLinkAbout06/07/1965CITY COUNCIL -
_ TOWN OF LOS ALTOS HILLS
MINUTES OF.A REGULAR. MEETING
June 7, 1965
The Regular Meeting of the City Council of the Town of Los
Altos Hills was called to order by Mayor pro tem Wm. Ross Aiken,
Monday, June d7, 1965 at 9:55 P. M. at the Town Hall, 26379
Fremont Road, Los Altos, Hills, :California.
ROLL.CALL: PRESENT: Councilmen Bowler, Clayton, Fowls, Henley
Mayor pro tem Aiken
ABSENT: None -
PLANNING COMMISSION -
REFRESENTATIVE: Commissioner Walter A. Benson
APPROVAL OF MINUTES: May 17, 1965.
l ACTION:
Cl Adopt Minutes of May 17, 1965
as submitted.
Councilman Bowler askedimmediateconsideration of the .subject of
the election of Mayor.
Since pertinent communications had been received, Mayor pro tem
Aikendirected the routine matters of the :Agenda be heard.
COMMUNICATIONS:
1. State Division of Highways, District Engineer, dated June 1,
1965 referring to restudy of interchange on Interstate
Route 280at.Page Mill Road and enclosing print of proposed
interim construction.
Deferred to Resolutions. -
2. Dawson, Laurence, dated May 21., 1965 requesting a safe travel
way forbikers, bikers and equestrians at Page Mill Road
interchangewith Highway 280.
Deferred to Resolutions.
-� COMMUNICATIONS (Cont,a.):
3. Plannin Commission o£'the Cit o£ Palo Alto, Public Hearing,
June 9 ,_.2.:30. P.:_.M.? City all, to consider the request of
the.SugsetInternational Petroleum Corporation for achangein
zoning. from R-E.A top -C. City Manager referred to map of
the proposed development.
Councilman Fowle will attend this hearing..
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I
ACTION:
That the City Council of the Town of Los
Altos Hills go on record as opposing the
application of Sunset International Petroleum
Corporation for change in zoning from R-E:A
to P -C.
MOTION: Henley; SECOND: Clayton; VOTE: Passed. unanimously.
W. R.George, President of Los Altos Hills Association,
letter dated June 4, 1965 submitting resolutions passed at
its annual meeting of June 2, 1965.
The following communications, pertinent to the election of a
Mayor and members of the City Council, were read by the City.
Manager and are on file at the Town Hall;
a) David and Kerstin Jansson, 27440 Sherlock Road,
dated May 31, 1965•
b) Mrs. Louis Roselaar, 14371 Manuella Road, dated
June.2, 1965•
c) Mrs. Howard W. Masquelier, 23725 Camino Hermosa,
dated June 7, 1965•
d) Reverend Richard K. Meade, St. Nicholas School, and
(Mg.)
Muriel C. Smith, principal of
(M
lis and
Purissima Schools, dated June 7, 1965•,
(Items a) and b) were not an item of the Agenda since they
were received after the June 7m Agenda had been published.)
F:NNOUNCEMBNTS:
L. Trafficways.Commit�tee, County of Santa Clara - Meeting
Wednesday, June 1 65, :0 P. M., ?0 West Redding Street,
San Jose.
COMMITTEE REPORTS: -
- 1. AB 3264 - Local Agency Formation Commission.
Councilman Clayton requested the Council to go on record
as opposing AB 3264 (increasing district members of Local
Agency Formation Commission). Although aware of Town
policy, Councilman Clayton believed this to be an extremely
important issue, and if passed, would weaken the .Cities'
representation... -
ACTION: - -
That our legislators in Sacramento be re-
quested to oppose AB 3264 (Local Agency -
Formation Commission, District Members
Proposed).
MOTION: Clayton; SECOND: Fowle
Councilmen Bowler and Henley contended the policy of the
Town is awise one and should be adhered to.
ACTION:
That the foregoing Motion be tabled.
L� MOTION: Henley; SECOND: Bowler
ROLL CALL: AYES: Henley
NOES: Bowler, Aiken, Clayton, Fowle
ABSENT: None
Tabling the Motion was defeated.
The question was called on the Motion to oppose AB 3264.
ROLL CALL: AYES:._Aiken, Clayton, Fowle
-NOES: fowl er ,- Henley
ABSENT: None -
Motion was carried.
2. Citizens' Committee.
Mayor pro tem Aiken announced that names of eight volunteers
for the Citizens' Committee had been forwarded to the
appointees of Councilmen Bowler and Clayton and inquired as
to the status of the Committee at .the present time.
Mr.. C. W. Cathcart, 26481 Purissima Road, reportedof -his
efforts to initiate proceedings of the Citizens' Committee,
however, Professor J. S. Ewing was out of the Country and,
{-: due .to further later commitments, wouldnot.be readily
available.
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COMMITTEE REPORTS: Citizens' Committee (Cont'd.):
When it was learned Councilman Bowler's appointee would not
be free for some time, it was requested of, and agreed by,
Councilman Bowler to appoint a substitute available to serve.
Regarding Grand Jury .action, Councilman Henley reported
"there isstill aquestion of jurisdiction and authority
requiring cautious study, but that this would be no
impediment to proceed with the Citizens' Committee.
OLD BUSINESS:
1. Election of Maw.
Routine matters completed, the Council heard CouncilmanBowler's previous request.
ACTION:
That the Council hold an election for a.
regular Mayor for the Town of Los Altos Hills
and that Nominations be accepted at this time.
MOTION: Bowler; SECOND: Henley
�1 Discussion followed as to Councilman Bowler's eligibility
J at the Council Table and on the Council action of May 3rd
regarding the election of a Mayor.
Councilman Bowler stated that at the May 3rd meeting he
voted for the delay of an election because he had aquestion
concerning his seat and did not wish in any way to embarrass
the Town; but now the matter is clear and settled and is
therefore asking for an election at .this time.
Comments were heard from;Messrs. Cathcart, -Bedell, Piper,
Janssen, Wheeler, Towle, Young, Eastman., Pfeiffer, Johnson,
Treat, Bullis, Hibner, Barkhau and Mrs. Voorhees.
ACTION:
That the debate be closed and the Question called.
MOTION: Henley; SECOND: Bowler
ROLL CALL: .AYES: Bowler, Henley
NOES: Aiken, Clayton, Fowle
ABSENT: None
Motion was not carried;
Additional comments were heard from Messrs. Cathcart,
Spencer, French, Wheeler,.Breyman (B. M.), Lachenbruch,
Towle,. Cowie .and Mrs. Goldsmith.
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.` OLD BUSINESS: Election of Mayor (Cont'd.):
r-
.� Councilman Henley stated an election would in no way
invalidate the Citizens' Committee findings and that he
did not suppose a report would be completed by July 60
but 'merely a date for the Council to vote on a Mayor.
ACTION:
That the debate be closed and the Question called.
MOTION: Fowls; SECOND: Bowler
ROLL CALL: AYES:. Bowler, Fowle, Henley
NOES: Aiken,, Clayton
ABSENT: None
The Question was called regarding the election of a Mayor:
ROLL CALL: AYES: Bowler, Fowls, Henley
NOES: Aiken, Clayton
ABSENT: None
Councilman Clayton challenged Gordon E. Bowler's vote on
this Motion.
Mayor pro tem Aiken stated his "No" vote was consistent
�\ with his vote -to elect aMayor on July 6m.
J NOMINATIONS FOR MAYOR:
ALBERT T. -HENLEY -- nominated by Councilman Fowle.
ACTION: -
That Nominations be closed and the Secretary
cast a White Ballot.
.MOTION: Bowler; SECOND: .Fowls --
ROLL CALL: AYES: Bowler, Fowle, Henley
NOES:, Aiken, Clayton
ABSENT: None
Mayor pro'_tet1'.A ken exp3ained his "No" vote as being con-
sistent with his vote to elect aMayor on July 61 and in no
way reflects personally.
STAFF REPORT: -
1. Cit En ineer- Report on Fremont Hills Development, Co.,
Unit drainage. -
City Engineer submitted a written report, as requested at
' } the,February 15t Council meeting..
.Deferred to City Attorney.
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OLD BUSINESS:
1. -Equestrian Crossing -Manuella and Fremont.
Councilman Aiken investigated the need for an equestrian
crossing. at Manuella and Fremont.
ACTION:
That the Staff be instructed to install an
official equestrian crossing, with appropriate
warning signs.
MOTION: Aiken; SECOND: Clayton
Mesdames Goldsmith and Rester and Mr. Bullis discussed pro
and con whether La Paloma would afford a better -location
for the crossing, with the conclusion one crossing seemed
as good as the other. The Council left the location at
the discretion. of the City ManaBJer.
Mr. C. Harding, of Burke Road, requested additional
equestrian crossings along the route from Moody, Robleda,
Purissima, Elena. Mayor Henley suggested Mr. Harding
prepare a plan in writing and placed on the Agenda for a
.proper hearing before the Council. -
O Mrs. C. A. Bittman questioned the 35 m.p.h. sign just beyond
Manuella and prior to that a 20 m.p.h. sign. .The City
Manager reported the Deputy Sheriff is in process of submitting
a report recommending a reduction of speed to 25 m.p.h. and
will probably be before the Council on June 21st.
The Question was called. VOTE: Passed unanimously.
Mr. G. E. Austin and Mrs. E. A. Toth commented on the need
for ' equestrian paths and trails.
2. Com plaint %of Roadwork - Magdalena Road.
Councilman Aiken reported he had met with the residents of
that'„portion of Magdalena Road in question, fully explaining
the road'improvements and with the hope that they were
satisfied.
-',
' Mr Glsyde,:C."iShaw, 10940 Magdalena Road, said the explanation
has satzs�factory but, disagreed with this type of construction.
It was pointed out that. because there has been no action on
'road standards, this may b.a a point of confusion on what is
being ,constructed.
{
`.'NEW BUSINESS:
Abandonment .ofGeneral Public Easement in Tract No, 1026,
Lot 1 Fremont ills nitNo. 2.
This easement was abandoned for the benefit of the owner of
Tract No.. 3793, of which Lot #1 is now a part.
The City Attorney read, in its entirety, Resolution No. 305,
a Resolution of. the City Council of the Town of Los Altos Hills
abandoning acertain general public easement.
ACTION:
Adopt Resolution No. .305 as read.
MOTION: Fowle; SECOND: .,iken
ROLL CALL: AYES: Aiken, Bowler, Clayton, Fowle
Mayor Henley
NOES: None -
ABSENT: None
2. Phyllis Wilson - Request for extension of time for filing
Final Map.
ACTION:
O That the request of Phyllis Wilson for extension
of time for filing Final Map to July 20, 1966
be approved, subject to the surety's confirmation.
MOTION:. Clayton; SECOND: Fowle; VOTE: Passed unanimously.
3. Pathway through Foothill College.
Councilman Aiken will check this situation as requested by
Father Meade (St. Nicholas School) and (Mrs.) STuriel Smith
(Principal of .Bullis and Puris§ima Schools) in .their letter
dated June 7, 1965 (Item 5• d) of Communications.)
VARIANCES:
1. Ward Wm. A. (V-219-65) - Request for Setback Reduction to 13'
for Fool.
ACTION:
That the request o£Wm. A. Ward (V-219-65)
be approved, subject to the Planning Commission's:
recommendations, _
110TION: Clayton; SECOND: Bowler; VOTE: Passed unanimously.
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USE PERMITS:
1. Bellucci, David (UP -220-65) - Swimming Fool, Los'Al.tos Hills
Country Club.
The Coqncil reviewed the recommendation of the Planning
Commission for a ruling from the City Attorney and further
public hearings.
.lt the request of the Council, the City Attorney ruled that
a non -conforming use. cannot have unlimited expansion granted;
.however, if the procedural requirements of a variance are met
and the. interested owners assert that the ordinance is valid
and will meet the amortization procedure at the end of the
non -conforming use, he would have no objection to the
approval.
Mr.Bellucci requested the Council to approve his application
under the same conditions. the entry gates were approved,'
and contended the. number of people present justified the
condition of a public hearing.
Mr. J. Field, 27160 Moody Road, questioned the action at the
end of a non -conforming use.
ACTION:
That the request of David Bellucci (UP -220 -65) -
be placed on the Agenda of the June 21st
meeting for a public hearing and full publicity.
MOTION: Fowle; SECOND: Aiken; VOTE: Fussed unanimously..
.BUILDING SITE APPROVAL:
1.-.Moerdyie,-N._Perry (BS.1-11-65) - Deferred from May 3rd meeting.
City Engineer submitted estimate dated June 7, 1965 for
improvements on.Manuella Road. Mr. Moerdyke disagreed with
this estimate stating the figure would not cover the true
cost of the fill, plus the engineering services, and objected
to the concrete curb and gutter on a street on which there
would be no further subdivision. However, he was agreeable. to
a reasonable in lieu payment.
Because of the existing condition of Manuella Road,it was
discussed that a .lesser in lieu payment might be made if the
need for an adjustment in the grade will be required in the
future and: therefore eliminate part of the fill :required.
As to.the concrete curb and gutter, it .was pointed out by.
Councilman Bowler that the rule of reason was intended by
'tt Ordinance No. 102 and it was suggested that theCityEngineer
'i review the situation with these points in mind.
ACTION:
Refer to.. City Engineer for a further report at
the June 21st meeting.
MOTION: Clayton; SECOND:. Bowler; VOTE; Fassed unanimously..
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." DTMTO1?S OF LAMDt Tentative Maes:
�. 1. Hemmeter, Geo. T. .(289-64) 4 lots - Engr. J. W. Riley
City Manager read corrected Check List submitted by Planning
Commission, and letter dated June 7n from Engr. J. W. Riley
requesting modifications of the City Engineer's requirements
in regard to the driveway serving Lot #4,reconstruction of
Magdalena frontage, replacement of pipe into Lot #2, and
relocation of existing drain pipe.
Councilman Fowls stated this was an engineering matter to
be settled before it was heard by the Council.
It was discussed that the cut of the driveway serving Lot #4.
is necessary in order that the buyer of hot #1 would be well
aware of, the driveway easement.
ACTION:
That the Tentative Map of Geo. I..Hemmeter
(289-64) be returned to the Planning Commission
for clarification.
-MOTION: Clayton; SECOND: Bowler
Since this was mainly of an engineering nature, Engr. Riley
O asked the Council to be allowed to work with the City
Engineer. The Motion and Second were withdrawn.
ACTION:
That the Tentative Map of Geo. T. Hemmeter
(- e
-and that the matter be placed on the Agenda
for the June 21st meeting.
MOTION: Clayton; SECOND: Bowler; VOTE: Passed unanimously.
2. Jansson, David (296-65) 2 lots - Request for approval
under Section 3:40,. Ordinance #69.
It was the opinion of the Council that since the City
Engineer's letter dated June 1, 1965 raised the question
of access roads, plus the fact the Tentative Map did not
show sufficient data as to contours and roadway grades,
that this map should be returned to the Planning Commission
for further study.
ACTION:
In lieu of the City Engineer's letter regarding
access roads, that this Map be returned to the
Planning Commission for its study of the City
.Engineer's letter dated June 1, 1965. _
MOTION: Bowler; SECOND: Clayton; VOTE: Passed unanimously.
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DIVISIONS OFF LAND: Final Maps:
may` 1. -Tracey, Walter - Tract No. 2934.
ACTION:
That the Final Map of Tract No. 2934 be
approved as submitted.
MOTION: Clayton; SECOND: Fowle; VOTE: Sassed unanimously.
RESOLUTIONS:
1. I'rovision for Equestrian and. pedestrian traffic at Junipers
Serra Freeway and FaFe Mill Road Interchange.
With reference to Items 1 and 2 of Communications, Mayor
Henley introduced and read in its entirety Resolution No. 306,
a Resolution of the City Council of the Town of Los Altos
Hills requesting provision of non -vehicular ways through
Interchange.
ACTION:
Adopt Resolution Pio. 306 as read.
MOTION: Aiken; SECOND: Bowler
n ROLL CALL: AYES: Aiken, Bowler, Clayton, Fowls,
`l Mayor Henley
NOES: None
ABSENT: .None
OTHER BUSINESS:
1. Cluster Development.
Mr. G. E. Austin, of the Los Altos Hills F.ssociation,
referred to Item 4, o£ Communications, and requested the
Council to take strong opposition against cluster development
ACTION:
That the Council go on record as being in
complete accord with the resolution, Item 3,
of the Los Altos Hills .Association stated in
letter dated June 4, 1965, in regard to clusters.
MOTION: Aiken; SECOND: Clayton
Councilman Bowler and Fowls and Mayor Henley affirmed their
intention not to increase density or change the minimum
zoning, but Mayor Henley stated the oath of the Motion
rigidly restricted the use of his judgment in the future
and therefore asked Councilman Aiken to amend his Motion
from 'complete' to "general accord".
-10=
OTHER BUSINESS: Cluster Development (Cont'd.):
Councilman. Aiken refused the amendment stating that he
felt the flexibility design of cluster would break down the
one acre minimum.
Comments pro -cluster were heard from Messrs. Dawson and
Breyman; comments against cluster were heard from Messrs.
Austin, Towle, Cathcart and Barkhau. Messrs. Austin and
Towle requested acceptance of the Los Altos Hills Association
stronger resolution.
The Question was called.
ROLL CALL: 'AYES: Aiken, Clayton
170ES: Bowler, Fowle, Mayor Henley
:,BSENT: None
Motion was defeated.
' ACTION: -
That the Council go on record as being generally
in accord with the resolution, Item 3, of the -
Los altos Hills Association in letter dated
June 4, 1965 in regard to clusters.
(� 170TION: Fowle; SECOND: Bowler; VOTE: passed unanimously.
ORDINANCES:
1. Fire Ordinance ITO. 105. Second Reading. -
Since the Planning Commission recommended "as is" approval
of Fire Ordinance NTo. 105 (modifications discussed at the,
Council May 17't meeting having been incorporated) the
Council ordered a second reading.
The City Attorney read the title of Ordinance No. 105, an
Ordinance of the Town of Los Altos Hills adopting regulations
for the prevention, suppression, and control of fire hazards,
repealing ordinances in conflict therewith, and providing
Penalties for violation thereof.
ACTION:
That the balance of the reading of Ordinance
No. 105 be waived.
MOTION: Bowler; SECOND: Fowle
ROLL C`:LL: LYSS: Liken, Bowler, Clayton, Fowle
Mayor Henley
NOES: None
ABSENT: None
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ORDINANTCES: Ordinance No. 105 (Cont'd.):
' 'XTION: _ -
Adopt Ordinance No. 105 as read.
MOTION:- Clayton; SECOND: Aiken
ROLL C(,LL: AYES: Aiken, Bowler, Clayton, Fowle
Mayor Henley
NOES: None
ABSENT: None
HARR,NTS:
1. Bills, in the amount. of NINE THOUSAND.SEVEN HUNDRED 9ND
FORTY DOLL.RS and Thirty Cents ("$9,%40.30) were presented
by Councilman Fowls.
ACTION:
That the bills, as presented, be approved;
that the City Clerk be authorized to draw
the appropriate warrants.
POTION: Fowle; SECOND: Clayton
ROLL C.".II BYES Liken, Bowler, Clayton., Fowle
Mayor Henley
NOES: None
ABSENT: None
_,DJOURNMENT: MOTION: Clayton; SECOND: Fowle
MEETING ADJOURNED:. 12:05 G. M.
NEXT REGULAR MEETING: Monday, June 21, 1965, at %:45 I'.. M.
at the Town Hall.
Respectfully submitted,
FAUL W. S_.LFEN
City Clerk -
micc m..m Town of Los Altos Hills