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HomeMy WebLinkAbout09/28/1976CITY COUNCIL TOWN OF LOS ALTOS HILLS 26379 Fremont Road Los Altos Hills, California MINUTES OF A SPECIAL MEETING Tuesday, September 28, 1976 cc: Reel 95, Side 1, Tr. 1 - 001-592 Mayor Robert Cheney called the Special Meeting of the Council to order at 5:00 PM in the Council Chambers of Town Hall: A. ROLL CALL: Present: Council Members Brown, Grabowski, Hillestad, Proft, Mayor Cheney Absent: None Staff: City Manager Robert Crowe, City Attorney Frank Gillio Press: Los Altos Town Crier - Ms. Tuck Shepherd Palo Alto Times - Mr. Paul Voecks B. CURRENT BUSINESS: 1. Equipment Storage Facility - Declaration of Intent: City Attorney Frank Gillio requested that Council consider appropriating time prior to taking action on this matter for the purpose of holding an Executive (Litigation) Session, as permitted under the Brown Act. Councilman Grabowski moved, seconded by Councilman Brown, and unanimously carried to adjourn immediately to an Executive (Litigation) Session. Council returned to Chambers at approximately 5:25 P.M. to resume discussion of the matter under consideration. Councilman Grabowski moved, seconded by Councilman Proft, to table Item 1, Equipment Storage Facility - Declaration of Intent, on the evening's Agenda. At the request of Mayor Cheney, City Attorney Frank Gillio explained that if a matter is tabled, it is dropped from the Agenda and there remains until Council determines to take the matter up again. He also noted that this was a non -debatable motion. The question was then called, and Councilman Grabowski's motion (above), carried unanimously by roll call vote. 2. Consideration of Resolution H setting forth charges for copies of public records. City Manager Robert Crowe stated that, as a result of recent discussions and investigation, it had been found that the Town's policy, which charged $.25 per copy of public records, was not in keeping with recent changes in the �._ State's Government Code. He said the Resolution before Council this evening for consideration was to adjust the matter and bring the policy into con- formance of the Government Code by reducing that charge to $.10 per copy. Mr. Crowe read the proposed Resolution in its entirety. CITY COUNCIL MINUTES - September 28, 1976 CHARGES FOR PUBLIC DOCUMENTS (Cont'd): Councilman Grabowski moved, seconded by Councilman Brown to adopt the proposed Resolution setting forth fees for copies of public records. Mr. Crowe, referring to Paragraph 2 in the proposed Resolution, stated that his interpretation would be that, when there is normal, routine work that had to be completed, requests for copies would be handled as quickly as possible thereafter. In response to a question raised by Mayor Cheney, Councilman Grabowski noted that there was no provision in the Government Code for the exemptions to any particular body, but that the last paragraph in the proposed Resolution did exempt Council -appointed Committees, etc. Councilman Grabowski also felt that Council should declare those exemptions early -on, so that there would be no questions as to those bodies exempt from the provisions of this Resolution. Speaking from the Floor: Mrs. T. Schick, Weston Road: Questioned what prompted this Resolution, whether to fact, the Xerox mac ne at Town Hall was being abused. If there was problem, as a taxpayer would like to see figures supporting this and felt charge punitive. Also stated that there was a spirit of the law and then the letter of the law. Councilman Grabowski responded by reading Section 6257 of the Government Code, and Councilman Brown supported Councilman Grabowski's statement that Town policy should be brought within the prescription of Government Code. He did not feel the charge of $.10 to be exhorbitant compared with prices for copying in the public sector. Mr. Larr Giller Vinedo Ln.: Did not feel special meeting was place for Council to esta is suc ees; urther, that the Government Code permitted the charging of such fees, but did not require the setting of such fees. Councilman Grabowski again cited the specific wording of Section 6257, "A request for a copy of a public record or information produced therefrom shall be accompanied by payment of a reasonable fee...." He noted that the Care was not permissive, but mandatory. City Attorney Frank Gillio supported Councilman Grabowski's statement and reading of the Code. Mrs. J. Carico, O'Keefe Lane: Felt Resolution was irresponsible, irrational IT tis were app to to omnittees and Commissions who gave up their time and efforts to work for the Town. Councilman Brown reiterated last paragraph in proposed Resolution which particularly exempted such bodies from such charges for materials needed in %W1 the discharge of their duties. -2- CITY COUNCIL MINUTES - September 28, 1976 kw— CURRENT BUSINESS (Cont'd): In response to a question by Mayor Cheney, Mr. Gillio interpreted the Resolution before Council for consideration: that Council may exempt, and if Council wished to take up the question of exemption, it would be within the call for the items related to the setting of fees, that would include who should pay them. Thought any employee of the Town who required such copies in the performance of their duty was not covered by virtue of the Public Records Act relating to the public. Thought any other person would be covered. Mrs. E. riksdahl, Pathway Committee: Asked effective date of Resolution and was i'ormey�ttorney that Resolutions are effective immediately upon passage by Council, unless there is an effective date specified. Asked to go on record supporting Mrs. Schick, Mrs. Carico, and Mr. Giller on objecting to this Resolution. Mrs. Alma Wood Stonebrook Ave.: Clarified that documents submitted for all ounce em ers wou not nave a charge to them, should they be submitted for the Council Agenda. In response to a question from Councilman Proft, Mr. Gillio reiterated that the Agenda item this evening included setting forth charges for copies of public records which included, by amplification, who would be charged for these copies. Mayor Cheney commented that under present policy, the Town was charging for copies of public records, and thought present policy adequate to comply with State law. He did not feel this Resolution was necessary. Mayor Cheney called for a vote on the motion made by Councilman Grabowski (above) to adopt Resolution #993 setting forth charges for copies of public records of information carried by the following roll call vote: AYE: Councilmen Brown, Grabowski, Proft, Councilwoman Hillestad NO: Mayor Cheney ABSENT: None ABSTAIN: None Councilman Grabowski moved, seconded by Councilwoman Hillestad, to exempt from the provisions of Resolution #993, the City Council, Planning Commission, Staff and all Standing Committees of the Town. Councilman Brown moved to amend Councilman Grabowski's motion to include all Ad Hoc Committees duly approved by Council majority. Motion to amend the motion was seconded by Councilman Grabowski, with the caveat that Para. 2 of Resolution #993 be adhered to rigidly, to which Councilman Brown agreed. Amendment to the motion carried unanimously. The question was called, and Councilman Grabowski's motion to exempt those bodies stated above, carried unanimously by roll call vote. rr' -3- CITY COUNCIL MINUTES - September 28, 1976 4W 3. Confirmation of Mayor's Ad Hoc Committee on Maintenance Feasibility Study: Mayor Cheney corrected the title of the Committee he had named, stating that their charge was to perform a cost analysis of maintenance work done by the Town's Maintenance Crew compared with contracting such work out to the private sector. Councilman Grabowski noted that on previous occassions when the Mayor had asked Council's endorsement and confirmation of this Committee, no action had been taken. Subsequent to this, Mayor Cheney had written to the City Manager directing that the Staff provide certain materials and information to this Committee. He felt that Items 3 and 4 on this evening's Agenda were the results of what he believed to be a challenge to the authority of Council to govern by law. He stated he felt this matter must be resolved or Council would face local disintegration by democratic process. Councilman Grabowski noted that, what started as a simple complaint about noise had exploded into a full-blown detailed audit of the City Government by a Committee of 16 persons. He noted that this Committee was not initiated, nor its concept endorsed or condoned by Council majority, and what vague validity this Committee had was bestowed against, and in opposition to, the will of the majority. He stated that, should Items 3 and 4 on the Agenda not be resolved in a fashion which he felt enhanced the democratic process, he did not feel he was needed as an elected official, and would be happy to leave the electorate to govern itself through mass demonstration and benevolent faw dictatorship. Councilman Proft noted that the actions of the Mayor in several instances the past few meetings had given cause forgrave concern to himself and other members of Council, in that they did not reflect the will of Council majority. He also noted that this Committee had been formed against the will of Council majority, and that when this happened, the welfare of the Town was endangered, the legislative process impaired, and the relationship between Council and Staff also was impaired. He expressed concern that, as a result, the government of the Town became ineffective, and also that the Town would be left open to outside influences. Mayor Cheney requested clarification of the City Attorney as to whether the Committee he had appointed was, in fact, an illegal one. Mr. Gillio noted that a governing body can provide in its Code, or by Resolution, the method by which Committees are to be appointed. He noted that the Municipal Code does not provide any procedure for the formation of Committees. The Code did, however, state that the Council shall be governed under Robert's Rules of Order which did outline that when such body had not prescribed in its by-law ow such Committees should be selected, the method can be decided by general consent or by majority vote at the time the Committee is appointed, or the method can be specified in the motion to establish the Committee. Mr. Gillio thought that, since the Town had no rule for the appointment or establishment of Committees, either by the Council as a whole, or by the Mayor, that Council should clarify this; that Council should determine how it wished to appoint Committees and then act in the light of that decision. -4- CITY COUNCIL MINUTES - September 28, 1976 AW Confirmation of Mayor's Ad Hoc Committee (Cont'd): In response to the Mayor, Mr. Gillio stated that Mayor Cheney had not acted in an illegal manner in appointing the Committee; however, since no method had been established for making such appointments, he recommended that Council determine such procedures. Mayor Cheney stated that he was willing to abide by whatever the Council felt was the proper thing to do; that it was not his intention in forming this Committee to set himself up as a "dictator." He felt that such a determination could be made this evening, and moved to confirm the Mayor's Comoitte to conduct a cost analysis for the purpose stated in the charge. Councilman Grabowski seconded the motion. Speaking from the Floor supporting the formation of the Committee: Mr. Larry Giller, Vinedo Ct. Mrs. J. Carico, O'Keefe Lane Mrs. Patricia Standring, Cortez Lane Dr. John Redpath, St. Francis Drive Mr. Robert Olson, St. Francis Drive Councilwoman Hillestad commented that this item had originally been brought up under another Agenda item and that Council had not had a discussion on the matter. She objected to the manner in which the Committee had been 4W formed, and not because she did not want as many people as possible involved in government. She also noted that, in the past, it had been the custom of the Council in forming Committees to allow each Councilmember to submit and nominate members to that Committee. She said she would like to be treated fairly and wished to represent all of the Community. For the purpose of clarification, Mayor Cheney noted that his intention in appointing the Committee was for the purpose of performing a cost analysis, and that it was not a "Maintenance Feasibility Study"; that this had been a misnomer given the Committee by the Secretary, and directed Council's attention to the charges which he had outlined. He reiterated that he had never seen figures on the actual unit cost for maintenance within the Town. He said he thought that the Councilperson wishing to form such an Ad Hoc Committee had a strong voice as to whom should be appointed to that Committee, citing the Ad Hoc Committee to study the lease proposals for Westwind Barn as one example. Further discussion between Council Members continued, after which Councilman Grabowski withdrew hissecondbecause he did not feel that the members selected represented a cross-section of the Community. The Mayor's motion, above, then, died for lack of a second. Councilman Brown said he did not want the residents of the Town to think that the public works equipment was something that happened overnight without due consideration of the governing body of the Town. He noted the formation of the Public Works Committee, whose membership was composed of citizens nominated 4"" by each Councilmember, the Chairman of which was an Engineer who had done a thorough study on "country roads." He iterated the professions of those Committee members and the expertise they brought with them to the Committee. -5- CITY COUNCIL MINUTES - September 28, 1976 $*I- Confirmation of Mayor's Ad Hoc Committee (Cont'd): Councilman Brown also noted that each piece of equipment purchased by the Town was discussed and deliberated upon by the City Council. He then moved that confirmation of the Mayor's Ad Hoc Committee be denied. Motion was seconded by Councilman Grabowski. The question was called which carried by a 4/5th vote of Council, Mayor Cheney voting no. The Motion of Councilman Brown to deny confirmation of the Mayor's Ad Hoc Committee carried by the following roll call vote: AYE: Councilmen Brown, Grabowski, Proft, Councilwoman Hillestad. NO: Mayor Cheney ABSENT: None ABSTAIN: None 4. Consideration of Resolution #_ setting forth method of Ad Hoc Committee appointments: At the request of Mayor Cheney, City Manager Robert Crowe read the proposed Resolution in its entirety, which states that all Ad Hoc Committees, along with the determination of charges, the selection of members, and method of appointment, shall be established only with the concurrence of Council majority, and that such memberships shall not exceed the number of five. The Resolution states further that all Committees so formed shall act in compliance with Robert's Rules of Order, and that the Resolution shall apply 'r equally to all extant Committees. Councilman Grabowski moved, seconded by Councilwoman Hillestad, to adopt Resolution # setting forth method of Ad Hoc Committee appointments. Speaking from the Floor: Mrs. J. Carico, O'Keefe Lane: Requested the reason for limiting membership to five, to which Councilman Grabowski responded that this number appeared to be a workable arrangement, and any more might prove to be cumbersome. Mrs. Lucille Gould, Ortega Drive: Asked if it was Council's intention to form all Committees by District. Mayor Cheney noted that,from the language of the proposed Resolution, this question could only be answered upon the formation of a Committee and would be answered at that time. Mr. Robert Olson, Esperanza Dr: Suggested wording change to make the number of members at the discretion of Council. Councilman Grabowski felt that some limit should be placed on numbers, and he also noted that this could be changed any time Council felt that it was more desirous to have more members serving on a particular Committee. Mrs. T. Schick, Weston Rd: In response to a question of clarification, Councilman Grabowski replied that when Committees found it necessary to have jobs of a mechanical nature performed, such as typing or copying, this could ,ten— be done by volunteers; however, those volunteers could not be considered a part of the Committee, nor were they eligible to vote on any matter before such a Committee. -6- vr� CITY COUNCIL MINUTES - September 28, 1976 Resolution H setting forth method of Ad Hoc Committee Appointments (Cont'd): Mayor Cheney stated that he could not support this Resolution because he felt Council was only adding another layer of bureaucracy ,if it were adopted. The motion to adopt Resolution 11994 relating to the formation of Ad Hoc Committees carried by the following roll call vote: AYE: Councilmen Brown, Grabowski, Proft, Councilwoman Hillestad NO: Mayor Cheney ABSTAIN: None 5. Discussion re routinq of internal Council correspondence_: Councilman Grabowski addressed the item before Council, stating that he thought it important that when documents or instructions are issued from any member of Council to the Staff or any other Agency where they affect the governing of the Town,that each individual Council member be placed on the distribution list for that correspondence. He thought there should be some standard of routing such correspondence so that all members might be kept well informed. Councilman Grabowski moved that Staff be instructed to prepare a Standard Distribution List to be utilized to route internal Council correspondence to all concerned with the matter. Mayor Cheney seconded the motion, which carried unanimously. 6. Adjournment: Council adjourned at 7:05 P.M. Respectfully submitted, -7- Norma J. Hislop City Clerk