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HomeMy WebLinkAbout1/7/1957- w CITY COUNCIL TOWN OF LOS ALTOS HILLS MINUTES OF ADJOURNED MEETING JANUARY 71 1957 The meeting was called to order at Purissima School on Monday, January 7, 1957, at 7:45 P.M. by Mayor Sidney W. Treat. ROLL CALL: MINUTES&* PRESENT:. Mayor Sidney Treat, Councilmen Leighton M. Bledsoe, Raymond 0. Hoefler, C. Easton Rothwell. ABSENT: Councilman J. M. Fowle The ieWng of the minutes was postponed until the next meeting, ORDER OF BUSINESS: Firearms Ordinance Motion: Mayor Treat; Seconded: Hoefler; Vote: Approved _K♦Z1 uG0:Aa7V+*T1KF That the Firearms Ordinance be tabled until we receive further information from the Sheriff. A letter from the Office of the Sheriff was received containing statistical data about traffic problems, and that office will continue to send such information. CORRESPONDENCE: A letter was read from Mrs. M. Stevens for Citizens for Flood Prevention, notifying the Council of a meeting to be held at Portola School, January 12, 1957, at 8:15 P.M. on the topic of County Water Problems. A letter from Charles S. McCandless, City Engineer, was read asking that the subdivider provide a fund for flood control. It was requested that the Council study the matter. e a - 2 - Motion: Rothwell; Second: Hoefler; Vote: Approved RECOMMENDATION: That this letter be referred to the Planning Commission and be returned with their recommendation. 3)A letter from the Purissima Hills County Water District was read, signed by Mr. Hicks, stating that the California Water Service wants a blanket permit for excavating. The matter was referred to the City Attorney. 4)A letter was read addressed to Mrs. Lovett stating GIFT that Mayor Sidney W. Treat was making a gift to the Town of Los Altos Hills in the sum of $1,000t Stock valued at $942.50 and a check for $57.50. Moved: Rothwell; Second: Bledsoe; Vote: Approved That this gift be accepted with gratitude. 5)A:, report from Don Hibner to Mayor Treat was received referring to the Inter -City Council meeting at Rickey's on January 3, 1957. 6)Richard Dawson gave the Town Hall Committee Report. it Gifts for the Town Hall total $24,000, which includes land, parking, construction, and furnishings. Mr, laafkr=has contributed the rough grading, Mrs. Hoefler the paint, and Mr. Bledsoe the interim insurance. These last three items were not included in the initial report by Mr. Dawson. 7)Mrs. Duval should be notified that the Purissima School building will not be needed after February 28, 1957. Motion: Bledsoe; Second: Hoefler; Vote: Approved RECOMMENDATION: That the City Attorney will write a letter to Mrs. Duval terminating the lease as of midnight, March 10, 1957. Mayor Treat will write a letter of appreciation to Mrs. Duval. 8)The matter of needing a Deputy Mayor was brought up. Moved: Mayor Treat; Second: Councilman Bledsoe; Vote: voice approval Easton Rothwell was elected as Deputy Mayor. 46 -3- 9) The Wilson complaint was inspected and was found `,. to be a violations 4oning violation of storing and repairing machinery. The City Attorney wrote eg-`.Ietter to the occupants stating that they were violating the zoning. 10) Councilman Rothwell has not had time to complete the report on changing the Town name and it will therefore be put on the next agenda. 11) Hearing on Franchise for P.G. & E., Ordinance #27. ORDINANCE #2' This was the first reading of the Ordinance and there were no objections from the floor. Motion: Councilman Rothwell;, Second: Councilman Bledsoe RECOMMENDATION: Moved that the City Council dispense with further reading of Ordinance #27. ROLL CALL: AYES: Councilmen Bledsoe, Rothwell, Hoefler, Mayor Treat. NOES: None ABSENT: Councilman J.M. Fowle, 12) Hearing on Franchise for P.G.&E., Ordinance ##28. ORDINANCE #28 This was the first reading of the Ordinance and there were no objections from the floor. Motion: Councilman Rothwell, Second: Mayor Treat RECOMMENDATION: Moved that the City Council dispense with further reading of Ordinance #27. ROLL CALL: AYES: Councilmen Bledsoe, Rothwell, Hoefler, Mayor Treat. NOES: None. ABSENT: Councilman J.M. Fowle. 13) Attorney Gardner Bullis reported that the P.G.&Eo will pay 2% of gross earnings to the Town of Los Altos Hills from the time they incorporated. 14) Councilman BledsoeTailthe ave N� lr g -report. General bills = $6,607.72; $5,620.34 is for the Town Hall. Moved: Councilman Bledsoe; Second: Councilman Hoefler Vote: Approved. Approval of these bills and invoices was given and M -4 - issuance of vouchers for payment. Carried voice vote. 15) Report on Fr��eewM Committee. Secretary Cathcart spoke for e coffee. The reeway is definitely going through Los Altos Hills and this committee wants to get support from neighboring communities for a positive decision. There was a discussion by the vice-chairman, Mr. ginkaid. By mid-February the Highway Commission will present a plan and this will be presented to the towns and cities affected before it is presented to the State Legislature, Mr. Cathcart requested the City Council to write a letter to the State Highway Commission and Mr. Belser, County Planning Director, stating that we prefer the route next to the railroad tracks. Mayor Treat stated that the Council preferred a letter in writing from the Freeway Committee stating their desires about location. 16) The following letter was read from Gardner Bullis. ORD. #19 January 3, 1957 to: Honorable Sidney Treat, Mayor, and Honorable Councillors, Town of Los Altos Hills from: Gardner Bullis, City Attorney subject: Referendum Subdivision Ordinance No, 19, Councilman Bledsoe has furnished me with a com- prehensive citation of authorities to sustain a contention of his, which we have been discussing, that Referendum does not properly lie against a subdivision ordinance of a City enacted since 1953• From a review of these authorities and from my independent study, I agree that Referendum is not properly invoked against a subdivision ordinance. Therefore the petition in referendum filed against Ord- inance No. 19 is of no effect and the ordinance may be deemed effective to control the proceedures as to division of land, along with the State Map Act, and subject to amendments. It is well settled that Referendum does not apply to purely executive or administrative procedures. In 1953 the State Legislature established the basic policy of requiring all cities to enact ordinances regulating the design and improvement of subdivisions. Certainly under the language of very recent cases of highest authority in California, it would follow that the Council action in implementing the legislative mandate is not properly subject to Referendum. Signed, Gardner Bullis - 5 - After this letter was read from Attorney Bullis it was moved that the Council take no action in reference to any repeal of Ordinance #19 and the Council not schedule any election in reference to Ordinance #19. Motion: Bledsoe; Seconded: Rothwell; Vote: Approved ROLL CALL: AYES: muic linen Rothwell, Hoefler, Bledsoe, Mayor Treat. NOES: None. ABSENT: Councilman J.M. Fowle 17) Mr. Harr Tantau wasp` 2 7 to fill the position with the Planning Commission left by Mr. Ray Hoefler when he joined the Council, Moved: Bledsoe; Seconded: Mayor Treat; Vote: Approved Carried by Voice Vote that Mr. Ray Hoefler's position on the Planning Commission be filled by Mr. HarlTantau. 18) The Planning Commission has asked the City Council to enlarge its body from seven to nine members. Moved: Mayor Treat; Seconded: Hoefler; Vote: Approved. RECOMMENDATION: That the Planning Commission be increased from seven to nine members, and appropriate steps be taken to select the most desireable candidates. 19) RESOLUTION 40 - the Planning Commission shall hereinafter consist of nine members. ROLL CALL: AYES: Councilmen, Bledsoe, Hoefler, Rothwell, Mayor Treat, NOES: None. ABSENT: Councilman J.M. Fowle 20) A Deputy Director for Civil Defense has not been found, 21) No report on the Chief of Police. 22) In the future, call the Sheriff's Office in Mountain View (YO 7-6908) instead of the Police Chief if there is need of law enforcement. - 6 - RECORD OF SURVEY MAPS 1) Elizabeth Blodgett wants to open a day -school on the Schumate property, 2 acres, and the option on the property is expiring. Mrs. Blodgett surveyed people within a mile radius and all were agreeable. Moved: Hoefler; Seconded: Rothwell; Vote: Approved. RECOMMENDATION: That the petition of Mrs. Blodgett for the establishment of a day-care center on that portion of the Shumate property (C-517) be approved with the recommendation that the Planning Commission examine and approve that portion of the property that will be used for a parking area so that no traffic hazards will be created. Carried by voice vote. 2) JM. Fowle Moved: Hoefler; Seconded: Mayor Treat; Vote: Approved RECOMMENDATIONN: That this map be "W because the map map approved by voice vote. 3) G.G. Metaxis referred back to the Planning Commission that was brought forward was not the the Planning Commission. Carried by Moved: Hoefler; Seconded: Mayor Treat; Vote: Approved RECOMMENDATION: That the Metaxis record of survey map be approved subject to the dedication of the 10' strip lying within the Metaxis property. Carried by voice vote, 4) J.W• Cross Moved: Hoefler; Seconded: Rothwell; Vote: Approved RECOMMENDATION: That the J.W. Cross tentative map be approved subject to the 10' dedication, Carried by voice vote. 5) Fremont Development Corporation, Unit A letter was read from the Fremont Development Corporation rr offering lot 1, Block C. to the Town of Los Altos Hills. A Bond has been posted as required in paragraph 31 of the Conditionsof Approval. A letter was read from McCandless and Jett stating the approvals of the Water District, Fire District, Health Dept., P.T.&T. 9 P.G.&E. -7_ The following statement was read to the City Council •s from the Planning Commission : Fremont Hills - Tract #1848 Conditions of Approval Unit Number 1 "The map for Unit No. 1, dated November, is approved by the Los Altos Hills Planning Commission, subject to the following conditions: 1, Paths will be shown on the map as follows: A, In Block B between lots 5 and 6 connecting the school site with St. Francis Drive - a 10' dedication. The drainage canal shall be crossed by a proper bridge, as specified by the Town Engineer. B. In Block H, between lots 5 and 6, a 10' dedication connecting Fremont and Ortega. C, In Block H. between lots 3 and 4, a 10' dedication connecting Ortega Drive to the boundary of the subdivision, 2. In Block G the lines marking lot divisions will be abandoned. The block will be shown as a single lot. 3. Fremont Road - To make this roadway safe, the following conditions shall apply: A. The Town Engineer, the Town Attorney, Mr, Price and a member of the Planning Commission will meet to draw a road plan to re -align the two dangerous curves. B. Fremont Hills Development Corporation agrees to the re -alignment of these two curves. C. Fremont Hills Development Corporation agrees to post a bond for the re -alignment and improvement of these curves; the funds to be obtained as follows: The Fremont Hills Development Corporation will create a road fund to develop a 12' lane and shoulder for the entire length of Fremont Road fronting on the subdivisio r from the North boundary of the o he North boundary of the School property; from the South boundary of the school to the North boundary of the lot deeded to the Town of Los Altus Hills. These funds will be used for the improvement of Fremont Road as needed. - g - The deceleration lanes at the entrance to the subdivision at St. Francis Drive will be fully developed by the subdivider. 4. Utility Poles, will be placed on either front or rear lines as best fits the site. 5. Drainage Ditch - the course of the ditch requires the following lots to be re -designed: A. Block A. Lots 1 and 2 shall be combined into one lot and renumber Lot 1; Lot 3 shall be renumbered Lot 2 and the lot line moved to the south edge of the drainage canal. Lot 4 to be renumbered 3, and Lot 5 to be renumbered 4. B. Block B. The line of Lot 2 shall be made concurrent with the North boundary of the ditch. All lots in Block B are reduced in usefullness by the fenced ditch that runs through their North boundary. The design of Lots 1 through 12 is accepted as an exception, due to hardship on the subdivider. In the future, the Town will not allow the course of drainage ditches to be included when computing the net acreage." 11"' Moved: Hoefler; Seconded: Bledsoe; Vote: Approved RECOMMENDATION: W by Attorney Bullis: That Unit #1 of the Fremont Development Corporation land is approved subject to the deposit with the Town of Los Altos Hills by the subdivider of a sum of money sufficient in.the opinion of the City Engineer to accomplish the 12' improvement as designated for West Fremont Boulirvard, but to be used by the City in any way it deems adviseable in connection with street work or acquisition of property for street work in the area of West Fremont affected, ROLL CALL: AYES: Mayor Treat, Councilmen Bledsoe, Hoefler, Rothwell. NOES: None. ABSENT: J.M. FOWLE 23) Building Inspector Moved: Rothwell; Seconded: Bledsoe; Vote: Approved RECOMMENDATION: Appoint one or more members of the Council to begin exploration concerning the possibility of establishment t,, of inspection fees and the post of a Building Inspector. Carried by voice vote. The Council sk to a Study Session to discuss ORD. #17 the Amendment to Ordinance #17. The Ordinance in general was discussed and a number of changes and additions were made as suggested by Councilman Bledsoe. A number of question were directed to Councilman Bledsoe and he clarified several issues. After the adjournment of the Study Se sion,f Ordinance FIRST #30 for the amending of Ordinance #17 was presented 14 EADING by Councilman Rothwell, After the reading of the ORD. 30 title it was moved by Rothwell, seconded by Bledsoe that the reading be limited to the title only. Carried by the following vote: AYES: NOES: ABSENT: MEETING ADJOURNED: 11:00 NEXT MEETING: Councilmen Bledsoe, Rothwell, Hoefler, Mayor Treat None. J.M. Fowle Monday, January 14, 1957, 7:45 P.M. MAYOR. Respectfully submitted, CEF 4 ' uCopy 4 'ems City Council City Clerk January 7, 1957