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HomeMy WebLinkAbout07/06/1965tt CITY. COUNCIL- . TOWN OF LOS ALTOS HILLS MINUTES OF A REGULAR ADJOURNED MEETING July 6, 1965 The Regular Adjourned Meeting of the City Council of the Town of -Los Altos Hills was called to order by Mayor Albert T. Henley, Tuesday, July 6, 1965 at 7:45 F. M. at the Town Hall, 26379 Fremont Road, Los Altos Hills, California. ROLL CALL: PRESENT:. Councilmen Aiken, Bowler, Clayton, Fowle Mayor Henley ABSENT: None PLANNING COMMISSION REPRESENT".TIVE: Commissioner Don T. Hibner. c.PFROVAL OF MINUTES: June 21, 1965 ACTION: Adopt Minutes of June 21, 1965 as submitted. MOTION: Bowler; SECOND: Fowle ROLL CALL: AYES: Aiken, Bowler, Fowle Mayor Henley NOES: None ABSTAINED: Clayton COMMUNICITIONS: - 1. Trafficways. Committee, County of Santa Clara dated July 1, 1965 - Subject: Delegate and Alternate representatives to the County of Santa Clara Trafficways Committee. °.CTI ON: That each and every member of the City Council of the Town of Los Altos Hills be reappointed as representatives to the County of Santa Clara Trafficways Committee. .MOTION;- Fowle; SECOND; Aiken; _VOTE:Passed unanimously. Councilman Clayton, Delegate, and Councilman Bowler, Alternate, have been and will continue to attend meetings. COMMUNICATIONS(Cont'd.): 2. Board of Supervisors, County of San Mateo, dated July 1, 1965 inviting Cityrepresentationat a meeting, Thursday, July 22nd, 10:00 A. M. at the Thunderbolt Hotel regarding the vital problem of the,pollution of the Bay. Councilman Aiken will make every effort to attend. ANNOUNCEMENTS: 1.. Notice of Cancellation of the July 14t Regular Meeting of Traffieways Committee All unfinished business will be con- tinued to the August 11, 1965 meeting, at 9:30 F. M- 2. Peninsula Division, League of California Cities Meeting, Thursday, July 22, 1965• Host �%ity Los �-ltos Hills, to be held at the Los Altos Hills Country Club (Adobe Creek Lodge). Time: Dinner - 9:30 P. M. - Guest Speaker, Richard Carpenter, Executive Director and General Counsel of the League of California Cities. 3. Mr. M. R. Johnson, member of the Board of Directors of the Purissima Hills County Water District, announced from the. Floor there will be a ten cents reduction in tax rate to be - effected at its next meeting. N0.4 BUSINESS: I- 1. Resolution Establishing Lffice o£ Deputy Mayor. Mayor Henley submitted a resolution establishing the office of Deputy Mayor and stating therein such duties of said Deputy Mayor. - The City Attorney read in its entirety Resolution No. 310, a Resolution of the City Council of the Town of Los Altos Hills establishing the office of Deputy Mayor. ACTION: That Resolution No. 310 be adopted as read. I10TION: Bowler; SECOND: Towle Councilman Aiken proposed that there be added "a definite term of one (1) year commencing from the date of taking the office of Deputy Mayor." Councilman. Fowls suggested the additional phrase, "but. remaining in office until his _successor is duly elected and qualified." -2- NEW BUSINESS: Resolution establishing Office of Deputy Mayor (Cont'd.) AMENDED MOTION: Adopt Resolution No.. 310 as amended. :.MENDED BY: Bowler; ACCEPTED BY: Fowle ROLL C;.LL: AYES: Councilmen Aiken, Bowler, Clayton, Fowle Mayor Henley NOES: None ABSENT: None 2. Deputy Mayor - Nominations. ' The -Chair declared the Floor open for Nominations for Deputy Mayor. NOMIlV,'.TIONS FOR DEPUTY MAYOR: GORDON E. BOWLER - nominated by Councilman Fowle. Councilman Bowler stated he had requested Councilman Fowle to accept the nomination for Deputy Mayor, but only through convincing and compelling reasons, is he honoring Councilman Fowle'sdeclination. Nomination seconded by Mayor Henley. The Chair asked for further nominations; there being none, the following action was proposed: ACTION: That Nominations be closed and the Secretary cast a White Ballot. MOTION: Fowle; SECOND: .Henley Mr. Richard Towle, President of the Los Altos Hills Association, appealed to the Council to reconsider the nomination of Councilman Bowler and table the Motion on any vote until such time as thestatus of his seat is clear. ' Mrs. R. L. Jones, 10791 Magdalena G,venue, seconded this appeal. Mr. E. A. Breyman, 13LV56 Wildcrest Drive, expressed the opinion that Councilman Bowler is a member of the Council, until proven otherwise, with the right to be Deputy Mayor. Councilman Aiken stated his position as .follows: "It seems logical to me to delay selecting Mr. Bowler for the Deputy Mayor post until his place on this Council is confirmed. We certainly will be subject to criticism if we place this responsibility in his hands and then learn that legally he is not seated. In addition, Mr. Bowler seems to be pro -cluster. -3- 'r NEW BUSI'NESS: .Nominations for Deputy Mayor. His position on this subject is untenable considering the of the property owners in this community against cluster. With regret, I vote "No". The Question was called. ROLL C&LL: AYES: Bowler, Fowle, Mayor Henley NOES: ..iken, Clayton ABSENT: None outcry Councilman Clayton challenged the validity of Fir. Bowler's vote. OLD BUSINESS: 1. Clusters. Councilman .''liken stated there was a discrepancy (referring to Council Minutes of June 21st) in the stand of Councilman Bowler in the matter of the Sunset Petroleum Application and the recent strong stand taken by the Council in the cluster development of the Carver property and was unable to see what is the difference between the two developments. Councilman Bowler reiterated his stand in that it is always an interest what is adjacent to our borders but that the basis of the Town's objections should be on how it impinges upon and affects Los Altos Hills. Mrs. R. Watson, 10950 Magdalena Road, asked the Councilmembers to take a stand "yes" or"no" about cluster. Mayor Henley,stated the Council's position had been stated on at least three occasions. Councilmen Aiken and Clayton's stand is that clusters are to be rejected out,of hand and not to be considered at all. The position taken by the other members of the Council is that cluster is not a'dirty'word but another way of planning, which need not include increased density nor necessarily involve a closer juxtaposition of houses. Mayor Henley stated that allplans must be taken as presented before the Council and he personally will not take an oath on an advance position of opposing a proposition without knowing the complete facts. Mayor Henley commented this matter had been previously dis- cussed and the subject is out of order, not being on the Agenda, but would hear brief statements from the Floor:. Comments were heard from Messrs. French; Janssen, Towle and Mesdames Watson and Harvey. Councilman Fowle stated. the present zoning ordinance does not permit cluster and no modification of the present zoning ordinance would be proposed without a public election. -4- OLD BUSINESS: Clusters (Cont'd.): Councilman Fowle was of the opinion there were no hidden dangers that the residents should be concerned about. Councilman Clayton, expressing his firm view against clusters, thought there was justifiable concern. Ordinances can be changed and these greater densities present future problems. Councilman liken reiterated his stand against any type of cluster, and that it transforms a rural town into a suburbia. Councilman Bowler stated he would not 'favor any change to the existing ordinances without benefit of public vote. 'le will not participate in or sponsor any change to the existing ordinance. Mayor Henley announced to the Floor that a pledge from each member of the Council has been given that no such zoning will be changed without public vote of the people. Mayor Henley also stated that he was well aware of the objectives of the Town, having worked toward its incorporation, and although the Council might possibly have different views on reaching that objective, it is perfectly clear to all Councilmen. NEV BUSINESS (Cont'd.): 3. Consideration of Procedure of Public Hearings Relating to Subdivisions - Councilman Aiken. Councilman liken proposed a change whereby the notification procedure for individual variances is extended to all sub- divisions.. Whenever a subdivision is scheduled before the Planning Commission or City Council that public notice shall' _ be given to the people living in that area and furthermore, if any of the lots proposed are substandard, that this additional notification be given to the public. Councilman Bowler agreed completely in principle with the change, however, questioned the Town's position if one sub- . - standard lot were overlooked. Commissioner Hibner suggested the zone of influence be extended from 300' to 500', but did not see the need to specify substandard lots. Councilman liken agreed to the increased zone of influence, however, preferred to see the requirement of conditional exceptions. stipulated. The City fttorney was instructed to increase the radial dis- tance from 300' to "500 feet", to require that conditional exceptions be so noted on the notice of public hearing, that the names and addresses will be supplied by the applicant at the time of filing the Map, and that the period in which the planning Commission shall act on the Tentative liap be increased from thirty to forty days (as allowable by the State Slap Let ). -5- NE'dBUSINESS: -Proposed Ordinnce for procedure of public hearings relating to Subadivisions (Cont'd.): The Cit yy i.ttorney presented and read in its entirety (First Reading) 3rdinance No. 106, an ordinance of the City Council of the 'own of Los elltos Hills, amending Ordinance #b9 and adding thereto procedure of public hearings relating to subdivisions. Second reading of Ordinance No., 106 will be July 19, 1965• VARIkNCES: 1. Sogg Edgar A. (V-222-65) - Reduction in Setback Requirement. City Manager reported an error in Planning Commission recommendation of June 28, 1965• The request is for reduction of setback to eight (8') feet for pool. There were no objections from property owners. ACTION: That the request of Edgar Sogg (V-222-65) for setback reduction to eight feet (8') for pool be approved. MOTION: Clayton; SECOND: Bowler; VOTE: Passed unanimously. USE FBRMITS: �.� 1. Continued Public Hearing: Bellucci, David C. (UF -220-65) - Request for additional. swimming_ Pool and Locker Rooms. Mr. Bellucci reported, although in favor of the language prepared by the City Attorney, he was unable at this time to obtain the signatures of the other owners involved. - 1, petition was submitted to the Council, which had just been handed, from the Floor to the City Clerk. Mayor Henley read the petition, signed by 50 residents of the Town, opposing the further granting of concessions or privileges for purposes of expansion of facilities at the Adobe Creek Lodge and/or Los Altos Hills Country Club, with particular reference to the additional swimming pool. ACTION: That the request of David Bellucci (UF -220-65) for additional swimming pool and locker rooms be denied. r:OTION: .liken; SECOND: Bowler -6- U -7- USE PERMITS: Bellucci (Cont'd ): Mr. G. Ferrari, 25791 Moody Road, and Mr. Gardner Bullis, 14085 Manuslla Road, both signers of the petition, requested 1 the Council to deny Mr. Bellucei's request. and therefore prevent any extension of thenon-conforming use. Commissioner Hibner referred to Planning Commission recommenda- tions of May 24, 1965, explaining his reasons,for opposing any approval of additional facilities. Following further discussion, Mr. Bellucci withdrew his application for ause permit for pool, rather than cause .the Town any more inconvenience. BUILDING SITE APPROVALS: 1. Wilkins, Arthur C. (BSA -14-65) - 2. Nieman,_ Helmuth (BS:: 15-65) 3. Allen, Richard G. (BS:i-16-65) 4. Quate, Calvin F. (BSG -17-65) 5. Sherman, We. A. (BS:. 18-65) ' 6. Chamberlain, James E. (BSA -19-65). 7. Heine, Walter .(BSP; 20-65) Mr. L. D. Hodge, Chief of Right -of -Way Division, of the Department of Public Works, County of Santa Clara, represented the above owners for building site approval on lots to be reduced by virtue of the construction of the Foothill Express - i way.1��ach Record of Survey and a consolidated map was Uthoroughly discussed. City Clerk read letter dated June 24, 1965 from the Los Altos Hills :Association stating the Board of Directors cannot condone the creation of such sub -standard lots and that the County be required to acquire the entire properties involved. Mr. R. Towle,.Fresident of the Los 11tosHills .."association, explained that personally he did not object since he recognized - the owners' desires to remain, however, the reason for the issociation's letter concerned the precedent in the creation of a 2/10^ acre lot. Sirs. H. Nieman, one of the property owners requesting building site approval; contended this would not set a precedent since it was acondemnation and not a subdivision and expressed her desire to remain. ACTION: That the request for building site. approval - (BSA -14-65) of land of Lrthur C. Wilkins, being a portion of Lot 15, Tract No. 1118, be approved as shown on Record of Survey dated April, 1965• U� MOTION: Clayton; SECOND: Fowls; VOTE: Passed unanimously. -7- ACTION: That therequest for building site approval (BS': -15-65) , of land of Helmuth J. Nieman, being portion of Lot. 16, Tract No. 1118, be approved as shown on .Record of Survey - dated 1,pril, 1965. - MOTION: Clayton; SECOND: Fowle; VOTE: Passed unanimously. ACTION: That the request for building site approval (BS:, -16-65) A of land of Richard G. ,.lien, being a portion of Lot 17, Tract No. 1118, be approved as shown on Record of Survey dated April, 1965• MOTION: -Clayton; SECOND: Fowls; VOTE: Passed unanimously. ;CTI ON: That the request for building site approval (BSA -17-65) of land of Calvin r. quate, being a portion of Lot 10, Tract No. 1118, be approved as shown on Record of Survey dated April, 1965• - MOTION: Clayton; SECOND: Fowle; VOTE: Passed unanimously. .CTI ON: That the request for building site approval (BS,^. -18-65) of land of William A. Sherman, being a portion of Lot 8, Tract No. 1632, be approved as shown on Record of Survey dated April, 1965• MOTION: Clayton; SECOND: Fowle; VOTE: Passed unanimously. ACTION: That the regqrest for building site approval (BS:i-19-65) of land of Jarea E. Chamberlin, being a portion of Lot 7, Tract No. 1632, be approved as shown on Record of Survey dated April, 1965• MOTIONi Clayton;. SECOND: Fowls; VOTE: Passed unanimously, ICTI ON : That the request for building site approval '(BSA -20-65) of land of Walter W. Heine, being a portion of Lot 9, Tract No. 1118, be approved as shown on Record of Survey dated April,. 1965• MOTION: Clayton; SECOND: Fowls; VOTE: Passed unanimously. Councilman Aiken explained he had voted in favor of building site approval on the basis these were pre-existing substandard lots; that they were reduced, in most cases, a smsll amount from their original substandard size; and that the land taken is mostly for slope easement and will, in effect, change little from what it is now. _8- BUIIDING SITE APT .PROVi-LS Oont'd.: .°,CTI ON : ',1 1 This action is not to be taken as precedent making. i'OTION: Aiken; SECOND: Bowler; VOTE: rassed unanimously. nIVISIONS OFL_:ND: Tentative Maps. 1. Rust, H. S. ;(300-65) 3 lots. Engr. Riley. City Manager read Planning Commission recommendations mO Check List. - Engr. Riley requested the Council to reconsider the City Engineer's requirement of reconstruction of one-half width on Camino Hermoso. The City Engineer reported he did not believe an overlay would bring the road to Town Stan'ards; however, the burden of proof is on the developer's engineer. Following discussion, it was the opinion of the Council that the Man should be approved, with the one-half width recon- struction of the road, but in the event the developer's engineer and the City Engineer had enough evidence for a case, it could be presented in a separate action. ACTION: C� That the Tentative Map of Lands of Ci acDonald (300-65) be approved, in accordance with the Check List and all co,Tnizant agencies. T{OTION: Bowler; SECOND: Aiken; VOTE: Passed unanimously City Manager read letter presented by Mr. Riley dated July 6, 1965 from Mr. H. " Rust, requesting the Council to issue a building permit before the filing of final map and stating the extenuating circumstances. Since this was not in the jurisdiction of the Council, it was suggested to Mr. Rust that he file the sinal Map as expeditious- ly as possible. RESOLUTIONS: 1. Icce2tauce of Improvements - Tract #3659, Matadero Hills.. City Manager introduced and read in its entirety Resolution No. 311,. a Resolution of the City Council oftheTown of Los Altos Hills accepting improvements. in Tract No. 3659. ACTION: Adopt Resolution No. 311 as read. MOTION: Fowls; SECOND: Bowler ROLL Ci'_LL::,.Y,,,S: Aiken, Bowler, Clayton, Fowle, Mayor Henley J NOES: None CBSENT: None-9- W.,RRPXTS: V:, 1., Bills, in the amount of TWENTY TWO THOUSAND T4IENTY-ONE DOLLARS and Seventy-eight Cents ('2,021.%8), were presented. by Councilman Fowls. SCTION: That the bills, as presented, be approved; that the City Clerk be authorized to draw the - appropriate warrants. MOTION: Towle; SECOND: Liken ROLL CALL: BYES: liken, Bowler, Clayton, Fowle Mayor Henley NOES: None ABSENT: None OLD BUSINESS: 1. Pity Nanager-submitted report on substandard lots and There were seven substandard police protection. lots within the past two years. .'o action was taken. on - the latter retort. OTHER BUSINESS: - 1, Mr. C. Cathcart reported that due to the July 4th Holiday, he and rir. "ledsoe were unable to submit a report on the. Citizen's Committee. P.DJOURNMENT: MOTION: Fowls; SECOND: Clayton MEETING ;.DJOURNDD: 9:45 F. 17. 'TEXTREGULAR 11=-ITIG: Monday, July 19, 1965 at 7:45 T. ,I. at the Town Lall. Respectfully submitted, FaUL. W. 3',LFET; - City Clerk. Town of Los 111tos. Hills 17JS/mam 1, -10