HomeMy WebLinkAbout8/12/1957r
CITY COUNCIL
TOWN.OF LOS ALTOS HILLS
MINUTES OF ADJOURNED MEETING
August 12, 1957
The meeting was called to order at 8:00 P.M., Monday, August 12,
1957 at the Town Hall, 26379 West Fremont, Los Altos Hills, by
Mayor Sidney W. Treat.
ROLL CALL: PRESENT: Mayor Treat, Councilmen Bledsoe, Fowle,
Hoefler.
ABSENT: Councilman Rothwell
MINUTES: July 22, =:
Minutes stand as approved.
August 2, IM:
Following corrections to the minutes:
Title Line 3 - Change "Adjourned" to "Regular".
Page 4, Item #6 - Change "Motion" to "Amended Motion".
ACTION:
Adopt the minutes of August 5, 1957, as corrected.
OLD BUSINESS:
1. Resolution #49 - No report.
2. Continued discussion on Magdalena Problem. Discussion was
postp ne`� Entil THF -next meeting of the Uity Council to allow
time for the City Attorney to contact the District Attorney.
Mayor Treat was authorized to communicate with Los Altos Hills
Association regarding their questions as submitted.
PLANNING COMMISSION:
1. Variances. Presented by Mrs. Hal Williams of the Planning
Commission.
(a) John S. _M,_orrss� - V-12-57. Reduction of sideyard for pool
To`IOT.. gpproved by Planning Commission at regular meet-
ing of August 1, 1957•
- 2 -
ACTION:
The Variance of John S. Morse be approved as recommended by the
Planning Commission.
Motion: Fowle; Second: Hoefler; Vote: Passed
ROLL CALL: AYES: Mayor Treat, Bledsoe, Hoefler, Fowle
NOES: None
ABSENT: Councilman Rothwell
(b) R and Andersen - V-14-57 - Reduction of sideyard for
residence to 20T. Approved by Planning Commission at
regular meeting of August 1, 1957•
ACTION:
The Variance of Raymond Andersen be approved as recommended
Planning Commission.
Motion: Hoefler; Second: Bledsoe; Vote: Passed
ROLL CALL: AYES: Mayor Treat, Bledsoe, Fowle, Hoefler
NOES: None
ABSENT: Councilman Rothwell
2. Record of Survey.
(a) Lee d y
Andrews (45-56) 1 Lot. Engineer: Geo. Hilby.
ApprovePlanning Commission at regular meeting of
July 20, 1957•
ACTION:
The approval of the Record of Survey for Lee Andrews as re-
commended by the Planning Commission.
Motion: Fowle; Second: Bledsoe; Vote: Passed
ROLL CALL: AYES: Mayor Treat, Bledsoe, Fowle, Hoefler
NOES: None
ABSENT: Councilman Rothwell
3. Subdivision.
(a) Don Clark (?9-57) 8 Lots. Engineer: McKay & Somps.
pprove by Planning Commission at regular meeting of
June 15, 1957.
3
ACTION:
The 8 lots Don Clark Subdivision be approved subject to the
payment in the sum of $6,336.00 into the road fund as covered
in letter from Town Engineer dated April 1, 1957•
Motion: Hoefler; Second: Bledsoe; Vote: Passed
ROLL CALL: AYES: Mayor Treat, Bledsoe, Fowle, Hoefler
NOES: None
ABSENT: Councilman Rothwell
(b) Review of Don Clark Action.
ACTION:
To rescind the action of the Council for approval of the Don
Clark 8 Lot Subdivision as the reason that we have in the file
a bond in the sum of $6,336.00 for the improvement of Taaffe
Avenue.
Motion: Fowle; Second: Treat; Vote: Passed
ROLL CALL: AYES: Mayor Treat, Bledsoe, Fowle, Hoefler
NOES: None
ABSENT: Councilman Rothwell
(c) Further review of Don Clark Action.
ACTION:
Approve the Planning Commission recommendation of the Don
Clark Subdivision at their regular meeting on June 15, 1957•
Motion: Fowle; Second: Mayor Treat; Vote: Passed
ROLL CALL: AYES: Mayor Treat, Bledsoe, Fowle, Hoefler
NOES: None
ABSENT: Councilman Rothwell
CORRESPONDENCE:
1. A letter was received from the Santa Clara County Chapter of
the Safety Council requesting a representative from Los Altos
Hills.
ACTION:
Mr. Warner M. Skiff be appointed as official representative
to the Santa Clara County Chapter of the Safety Council. -
a
- 4 -
Motion: Mayor Treat; Second: Bledsoe; Vote: Passed
ROLL CALL: AYES: Mayor Treat, Bledsoe, Fowle, Hoefler
NOES: None
ABSENT: Councilman Rothwell
2. Acknowledge receipt of Decisions Nos. 55362 and 55363 by the
Public Utilities Commission on the matter of Pacific Gas and
Electric Company.
3. �D�„ext�. Ahs, Ci_t� ine�er�_City of Los Altos. July
Re: Add -be Creek Bridge.
A letter was received by the Los Altos Hills City Engineer,
Charles McCandless in regards to the Town of Los Altos Hills
sharing with the City of Los Altos the cost of repairing the
Edith Avenue bridge over Adobe Creek.
ACTION:
Refer the matter to the Road Commissioner, Don Hibner
Motion: Fowle; Second: Bledsoe; Vote: Passed
ROLL CALL: AYES: Mayor Treat, Bledsoe, Fowle, Hoefler
NOES: None
ABSENT: Councilman Rothwell
OLD BUSINESS:
1. Drainage Easement - Pink Horse Ranch Unit #1.
ACTION:
Mr. Paulman, City Clerk, be authorized to accept storm
drainage easement being dedicated to the Town in behalf of
Wendall W. Roscoe et al as covered by Mr. McCandless' letter
of August 6, 1957, and to prepare the necessary papers for
recording the deeds.
CORRESPONDENCE:
1. Co� of Santa Clara, Office of the Tax Collector.
�e.:Roy .8'Ersoa;'L''o-""_ u_r_,nt„�`Tax Co3iector.
. I purou
gus
A letter was received requesting permission to sell
properties at a Public Auction.
ACTION:
The mayor reply to the letter from Mr. Emerson approving the
sale of the lots in question.
-5 -
Motion: Fowle; Second: Bledsoe; Vote: Passed
ROLL CALL: AYES: Mayor Treat, Bledsoe, Fowles Hoefler
NOES: None
ABSENT: Councilman Rothwell
OLD BUSINESS:
1. Joint City -County highway committee to study major highway
system in Santa Clara County.
Councilman Hoefler restated the Council Action of May 20,
1957, setting a maximum of $19000.00 for this study.
ACTION:
The proposed agreement for the implementing of the road
study be referred to the City Attorney for clarification.
BILLS:
1. Report by Councilman Fowle. Total: $365.68.
ACTION:
These bills as presented be approved for payment and that
the City Clerk be authorized to draw the necessary warrants
for their payments.
Motion: Fowle; Second: Mayor Treat; Vote: Passed
ROLL CALL: AYES: Mayor Treat, Bledsoe, Fowles Hoefler
NOES: None
ABSENT: Councilman Rothwell
CONTRACT:
For the re r of roads for the year 1957-125.8.
...
--. _ ,.._..._ ..._.._
ACTION:
Taaffe contract be accepted subject to Mr. Taaffe's acceptance
of certain paragraphs which City Attorney deems essential to
be included in it.
Motion: Mayor Treat; Second: Bledsoe; Vote: Passed.
ROLL CALL: AYES: Mayor Treat, Bledsoe, Fowles Hoefler
NOES: None
„ ABSENT: Councilman Rothwell
COUNTY LIBRARY
Rental A reement.
Ka'yor.
MEETING ADJOURNED:
NEXT MEETING:
SIDNEY W. TXFAT
Mayor
kt
6 -
Referred to the City Attorney by the
11:45 P.M.
To Monday, August 19, 1957 at 7:45 P.M.,
Town. Hall, 26379 West Fremont, Los Altos
Hills.
Respectfully submitted,
H. G. PAULMAN
City lerk
NOTES FOR TOWN COUNCIL MEETING MONDAY 8/5/57
TOWN OF LOS ALTOS HILLS
Mr. Mayor:
Members of the Council:
My name is 0. B. Falls. I live at 10950 Magdalena Avenue in the
town of Los Altos Hills. I am here tonight representing the Los Altos Hills
Association of which I am a member, and wish to thank you for permitting us
the time to present certain aspects of a problem which we believe is common
to the entire town and needs some immediate attention.
I was asked to appear before you tonight and speak on behalf of
the Los Altos Hills Association at a meeting of the General Committee of
the Association on July 30.
Our presentation to you tonight has two facets. However, to a
certain extent, they are interrelated. The first of these is our desire to
bring to the attention of the Council the concern of the members of the Los
Altos Hills Association over the nuisance which we believe exists as a result
of the operation of the quarry presently owned by the Nearys. We understand
that this subject has been before the Council previously, however, recent
expanded operations at the quarry have resulted in aggravating the situation
such that we believe it should be brought to your attention. We wish to
express to you the gravity of the situation as we view it at the present time.
The second reason is to obtain information from the Council relative
to certain activities within the town. These are, chiefly, those relating
-2 -
to the operations within the quarry itself, conditions brought about by the
operation of trucks to and from the quarry, and what possible actions can
be taken by the Council in reference to these matters.
As you may see from the audience, there are a large number of people
from the town present in this hall for the expressed purpose of indicating
their interest in this matter. These people are here representing all sections
of the town. I am not suggesting that a poll be taken of these people, however,
I believe that if such a poll were taken, you would find that each person
here would like to personally protest the operation of the quarry and the
effects resulting from it. In addition to the appearance of these people, I
believe that you have received a number of letters within the past few days
bringing this situation to your attention in various ways.
In presenting the following to you, we do it only as representing
the Los Altos Hills Association. There have, however, been brought to our
attention many cases of complaints on the part of non-members of the Association
living within the town of Los Altos Hills, as well as many county residents
who are also being directly affected by the operation of the quarry. In a
way, we feel we are speaking for this group of our neighbors also.
Coming back now to the first of our reasons for being here, I would
like to deliver to you a letter signed by Mr. William D. Geer, President of
the Los Altos Hills Association. I would like to read this letter before
delivering it to you, since it expresses quite clearly and concisely, we believe,
the reasons why we believe a nuisance does exist in our neighborhood in
reference to the quarry operation. 11
-3 -
(Read W. D. Geer's letter)
The Association trusts that you will review this matter carefully
and critically and address a reply to the Association not later than August 15,
1957. We are most anxious to pursue this matter to its ultimate conclusion as
rapidly as possible and furthermore, if the Council can and does intend to take
action, the Association wishes to extend its assistance in any way possible.
Coming now to the second phase of our presentation, we would like
to obtain certain information as previously referred to. In order to more
clearly define what we would like to obtain, we have prepared a list of some
nine questions. These questions are a composite result of a much larger
number of questions which have been asked by the members of our community,
and many of these questions have been raised independently by several indi-
viduals. We trust that the Council will be able to provide answers to as
many of these questions as possible tonight for the benefit of all of the
residents who are in attendance. One of their reasons for attending is to
hear the answers which the Council will give.
If there are any of these questions which the Council is unable to
answer tonight, it would be appreciated if the Council would consider these
questions as rapidly as possible and prepare the necessary answers. The
questions are as follows:
(Read from list of questions dated August 5)
!I
August 5, 1957
INFORMATION DESIRED FROM TOWN COUNCIL
LOS ALTOS HILLS
1. Who from our town government has personally inspected the effects on the
area due to the operation since expansion of the quarry and increased trucking
on Magdalena? If such an inspection was made, was a report ever filed or any
action of an emergency measure recommended?
2. We understand that the Council adopted an emergency resolution on July 15
setting a speed limit of 15 miles an hour on "such parts of roads made
dangerous by heavy traffic" and approving caution signs for rough spots in
the road beds. We have seen no evidence of 15 -mile per hour restriction or
caution signs. What action is being taken along this line?
3. Will you please outline for those here the specific actions taken regarding
the appeal on the injunction against the truck ban to the District Court of
Appeals - such as was indicated would be done at the July 15 Council meeting?
400 4. In order to make the necessary long range plans for roadways for the town,
has the Council officially inquired of the Neary owners as to their plans
for the future operation of the quarry both as to quantities of material to
to be quarried and expected length of operation. If so, what was the reply?
5. In view of the decision by Judge Del Mutolo, there appears to be some question
as to whether any regulations established by the Town officials would be valid.
Has the Court injunction, insofar as the Council can determine, abrogated the
Council's responsibility (or ability) to legislate or establish regulations
relating to the safety, welfare and rights of its citizens?
6. It is understood that the County would recognize and take action in cases which
truly constituted a health or nuisance problem. Has the Council discussed with
the County specific actions that could be taken in the event that such proof
was forthcoming?
V. Is it required that permission must be given by the County to expand any
operation such as the quarry? If so, has permission been given to the Nearys
to expand their operation.
Is there a law which requires public notice of such permission? If so, and
if permission has been given to Neary to expand operations, when was permission
given and was public notice given?
A
0
8. Do you have in your records the number of citations issued to "quarry trucks" -
for violations of speeding, reckless driving, etc.? Do you have in your records
any reports of accidents involving the Neary operation of quarry trucks?
9. In a newspaper article, appearing June 15, in a San Jose paper, regarding the
hearing in Judge Del Mutolo's Court, the following statement was attributed
to our Town officials:
"The Law permits them to regulate city traffic". If the statement that
the law permits the town of Los Altos Hills to regulate city traffic is true,
why cannot it be enforced?
j
-4-
Again may I point out that several of these questions are related
to the problem of the nuisance being created by the operation of the Neary
quarry. We trust that the Council will be able to provide answers in writing
to the Los Altos Hills Association on these questions at a date on or before
August 15, 1957.
In conclusion, I wish to say that it is the purpose and intention
of the Los Altos Hills Association to assist the Town Council of Los Altos
Hills in any way possible consistent with the charter which established the
Association. We trust that the Council will call on the Association at the
proper time for any assistance which it feels the Association can provide.
Meanwhile, we trust that the Council will hear our appeal in reference to
these matters presented tonight and promptly advise us concerning the specific
actions which the Council intends to take relative to the matters referred to.
Again, may we thank you for having made this time available for our
presentation.
0. B. Falls, Jr.
August 5, 1957