HomeMy WebLinkAbout11/01/1989 Minutes of a Regular Meeting
Town of Los Altos Hills
City Council Meeting
Wednesday, November 1, 1989, 7:15 P.M.
Council Chambers, 26379 Fremont Road
cc: Reel 206,Tr. I, Side I, 001-end; Tr. I, Side II, 001-070
Mayor Casey called the Regular Meeting of the City Council to order at 7:15 p.m. in the
Council Chambers at Town Hall.
1. CALL TO ORDER,ROLL CALL AND PLEDGE OF ALLEGIANCE
Present: Mayor Casey and Councilmembers Johnson, Siegel, Tryon and
van Tamelen
Absent: None
Staff: City Manager Thomas Frutchey; Acting City Attorney David Schricker,
Director of Public Works Bill Ekern; Planning Director Ann Jamison; and
City Clerk Pat Dowd
Press: Mary Fortney, Peninsula Times Tribune; Margo Foster, Los Altos Town
Crier and Don Brignolo, San Jose Mercury
Council agreed to move item 7.1 regarding the October 17th earthquake to the
beginning of the meeting. Mr. Robert Saxe, attorney for Lands of McCulloch, stated
they had no objection to waiting until the end of the meeting to discuss the Lands of
McCulloch
2. OLD BUSINESS
7.1 October 17, 1989 Earthquake
7.1.1 Oral Status Report by the City Manager
The City Manager reported that nine homes had been destroyed in the earthquake and
approximately sixty had structural damage. It was estimated that twelve homes had
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damage in the $250,000 range and forty seven had damage in the $100,000 range. The
Building Inspectors were continuing to inspect residences in the Town for damage.
Details were still forthcoming on federal and state programs related to the earthquake.
The City Manager also noted that contributions were being accepted at the Heritage
House for the victims of the earthquake. Regarding the Town's infrastructure, the
roads, buildings and storm drains appeared to be in good condition; however, it was
not known what damage had been done to the sewer system. A map was currently
being prepared showing what homes were damaged and what the extent of the
damage was. van Tamelen noted that the Town could learn from the earthquake by
examining what types of homes were damaged. She suggested that the site
development committee meeting minutes be referred to for those homes that were
damaged.
7.1.2 Recommendation from the City Manager to adopt a Resolution
easing development fees and review processes for those property
owners regarding property or rebuilding structures damaged or
destroyed by the earthquake
Mr. Philip Dauber, 27930 Roble Alto, suggested that the fees be waived only for those
411, who were not insured.
Jackie Siegel, 12800 LaCresta, inquired about the allowed rebuilding on a lot damaged
by the earthquake.
MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Tryon and
passed unanimously to adopt Resolution #123-89 adopting interim regulations for
earthquake damage reconstruction
Due to the extremely large number of people present for the item on organization of
the Council, a discussion followed on whether or not to move this matter forward as
well as the report from the Finance Committee on expenses and the issues listed
under old business on the letter from Fran Stevenson, the role and effectiveness of the
Mayor, the placement of Councilmembers' items on the agenda and potential Brown
Act violations.
MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Johnson and
passed unanimously to discuss the organization of the Council and the report from
the Finance Committee at this point of the meeting and to defer the related items
under Council Business to the Special Meeting on the 9th of November.
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ilt
3. NEW BUSINESS AND REPORTS FROM STANDING AND AD HOC
COMMITTEES
3.1 Organization of the Council
3.1.1. Vacation of Office of Mayor and Mayor Pro Tern, as
appropriate
3.1.2 Election of Mayor and Mayor Pro Tem, as appropriate
3.2 Report from the Finance Committee on its Review of Expense
Reimbursement Requests and Practices
van Tamelen made the following statement: Because this Town has serious and
important matters to deal with, and because we must move ahead to face these issues
in a timely manner, and because we need a leader who can bring us together in a
productive way, and because we need a mayor who will speak well for the Town and
present us in the best light, and because we need a mayor who will truly represent the
abo Council and not attempt to make decisions or compromises independent of the
Council, and because we need to instill in staff a sense of worth and accomplishment,
and because we need as our spokesman one who is familiar with our policies and
history, and will consult us before representing us, and because we must all, but
especially our chosen mayor, display the highest integrity and be above any hint or
perception of impropriety, and because our citizens deserve ongoing and effective
government, and because it is our duty and obligation to organize ourselves so that we
best perform our function, therefore I move that the Council reorganize itself and that
the office of mayor be vacated.
MOTION MADE AND SECONDED: Moved by van Tamelen, seconded by Tryon to
vacate the office of Mayor.
Johnson made the following statement: I would like to make a substitute motion. The
Council and Town staff have spent endless hours discussing matters allegedly
pertaining to the matter of impeaching the mayor, to making telephone calls to
Monterey to check such things as the price of a pot of coffee, and researching Town
files in search of evidence. Many residents, on both sides of the issue, have spent
endless hours at home discussing the matter with friends and writing letters to the
L. newspapers. The newspapers have had a field day at the Town's expense and,
regardless of whether we are for or against the Mayor, we must all cringe with
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`, embarrassment when we read what they think of us. Until a couple of months ago,
this Council was working well together and getting things done, despite a Council
majority feeling against the philosophy of the mayor, who is a philosophical minority.
I would like to get back to that operating mode, to let bygones be bygones and make a
fresh start. Ladies and Gentlemen of the Council, I want peace. I therefore move the
following substitute motion: 'That Councilmember van Tamelen's motion be tabled.'
van Tamelen commented that she had been accused of a surprise attack in asking for
the resignation of the Mayor. This was not true. It was not a personal attack, nor was
it specifically because of the Spirit of the Hills event. The expense issue simply
triggered the action; it was only one of many irregularities.
Casey stated that she believed it was a proper expense account. Except for a $3.58 phone
call which had been included in error, all of her expenses were reasonable and could
have been reimbursed. She outlined for those present the expenses incurred
particularly an explanation of the phone calls and meals. She stated that she had not
been aware of the resolution referring to the $35 per diem and she had done exactly
what she had done for the League Conference last year in San Diego. At that time she
had submitted an expense report for actual expenses but they amounted to less than
`, $35 a day so there was no problem. In this case she received the allowed amount of
$35 per day and submitted her additional expenses at the 9/6/89 Council meeting for
approval. Council did not approve these additional expenses and they were
withdrawn from the agenda pending further review. She accepted this decision and
did not resubmit. In her opinion this should have been the end of it; however, Tryon
and Teddi Schick continuously pursued the subject and scrutinized the issue of
expenses. She stated that the entire issue of the reimbursement policy should be
reviewed, particularly since it was a resolution passed in 1979 and certainly out of date.
Mr. Philip Dauber, member - Finance Committee, presented the following report to
the Council on its October 25, 1989 meeting to review expense reimbursement requests
and practices. (A complete report is on file at Town Hall.) The Committee's findings
were that all of the expenses on the Mayor's expense account for the July trip to
Monterey for a League of California Cities Conference were incurred, and would have
been reimbursable were it not for the Town's $35 daily per diem, except for the
following: 1) The July 26 meal amount included lunch and dinner for Mrs. Johnson.
The Town ordinance on expense reimbursement does not allow this, but there had
been at least one instance where a previous Town Manager had paid for spouses meals
( and then been reimbursed by the Town. Most organizations do not reimburse for
ir spouse meals except in very special situations.; 2) The July 26, 27 and 28 lunch expenses
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t included amounts spent for Mayor Casey's son Carson. There was also an allegation
v that this occurred for the July 25 dinner but we were unable to resolve this one way or
another. Neither the Town expense policy nor the policy of any other organization
would allow for reimbursement of this expense. We estimated the expense amount as
$5 to $10 on each of these days.; and 3) The telephone call to the Omni Hotel in San
Diego ($3.58) was personal business and not eligible for reimbursement. The calls to
Bank of America ($3.52), Stanford University ($3.20), Hillsdale Medical Group ($4.79)
and Maxtor ($3.44) were marginal. Although the Town ordinance does not allow
reimbursement, the expense policies of many other organizations do allow for
reimbursement of calls that while personal in nature could have been handled by a
local phone call if the person was not on a business trip.
In addition to the above report, Mr. Dauber made the following subjective comments.
He believed that $48 per person was an excessive amount and did not think spouses or
children should be paid for by the Town. Mr. Dauber stated that he believed the Mayor
put more expenses on the Town than was appropriate.
Tryon referred to what she believed were misleading statements. The Council and the
public had been lied to. On at least two earlier occasions, Casey had specifically stated
that she had not submitted any expenses for her son during the July League of
ihbv California Cities Conference and tonight she stated otherwise. Tryon reiterated that it
was not an issue of$5 or $10 but rather a basic issue of integrity.
The following stated their support of Mayor Casey and of Councilmember Johnson's
motion. They believed the Council should resolve their conflicts and work together as
a team: Mary Compton, 27855 Via Ventana; Al Morris, 26520 St. Francis Drive; Ray
Handley, 13818 Page Mill Road; Lina Broydo, 26496 Purissima; Ken Schroeder, 25594
Elena Road; Suzanne Collins, governmental relations with Pacific Bell; Dieter Kopal,
12530 Barley Hill; Leo Quillici , 27350 Julietta; Kathy Brown, 11470 Summitwood;
Denise Quattrone, owner of lot on Middle Fork; Edwina Comiso, 27933 Briones Way;
LaVon Morton, 25857 Westwind Way; Gary Campi, 14190 Baleri Ranch Road; Chuck
Comiso, 27933 Briones Way; and Judy Peterson, Pacific Bell.
The following stated their support for van Tamelen's motion to vacate the office of
Mayor. They did not believe Casey was representative of the Council or of the Town
and stated their serious concerns about misrepresentations concerning expense
reports, correspondence and support of Town policies. Betsy Bertram, 11854 Page Mill
Road; Les Ernest, 12769 Dianne Drive; Judy Carico, 25311 O'Keefe; Paul Reneau, 13149
Byrd Lane; Jitze Couperus, 13680 Page Mill Road; Rosemary Meyerott, 27100 Elena
Road; Lois Hogle, 2000 Old Page Mill Road; Shari Emling, 11853 Murietta Lane; Jim
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November 1 , 1989
41Pe Abraham, 12831 Viscaino; Theresa McDaniel, 10417 Lone Oak Lane; Bob Stutz, 25310
Elena; and Nancy Couperus, 13680 Page Mill Road.
Mrs. Stephanie Munoz, 13460 Robleda, commented on the rotation of the title of
Mayor on the Council and suggested that in this case perhaps Casey should keep the
title of Mayor but someone else should be appointed to chair the council meetings.
Mr. Bob Morgan, 13201 LaCresta, commented that it seemed to him Casey was guilty of
not sharing the same opinions as certain other Councilmembers and the issue being
discussed such as expenses were a smokescreen. Dr. Howard Martin, 11666 Dawson
Drive, commented on campaign reporting and campaign contributions received by
Casey from John Vidovich in the last election. Casey noted that these records were on
file at Town Hall and were public documents. Fran Stevenson, 26989 Beaver Lane,
commented on the letter to the editor she had written concerning Council
correspondence. She commented that she believed there were other issues to be
addressed besides the expense issue. Joan Ernest, 12769 Dianne Drive, commented that
she had lived in the Town for 24 years and asked why the rules were not being applied
consistently and fairly. She also noted that those present at the Council meetings did
not received equitable treatment. Diana Ravisa, 24700 Voorhees, noted that she was
new to the Town but had experience in working with County organizations and on
far the Grand Jury. She was totally embarrassed that the Council had held their meeting
the night after the earthquake and believed it was time to put petty issues aside and
move ahead. Jesse Jackson, 12800 Dianne Drive, stated that she was as guilty as others
for not attending the Council meetings. She was appalled at what happened at the last
Council meeting and urged everyone to come to the meetings to find out what was
going on in the Town. Mr. Michael Wise, 24301 Elise Court, commented on the
responsibility of the Council to work together. John Christianson, 25071 Tepa Way,
noted that the Council was elected by the people, the Mayor was appointed by the
Council and the end objective of the Council was to do what was best for the Town.
Joyce Clarke, 12544 Corbetta Lane, commented on the importance of teamwork as well
as diversity. She suggested better communication was needed and commented that
perhaps the meetings should be on radio. Mrs. Pat Lynch, 25201 Lomita Linda Court,
noted that she had lived in one of the homes demolished by the earthquake. She
stated her disbelief that Council was discussing these outrageous issues when residents
were facing real problems. Mr. Stan Davis, 25845 Matadero Creek, noted that some
people had recently experienced serious tragedies in their lives and he believed it was
time to pull together and move forward. Max Brown, Dianne Drive, noted that the
Town had a history of divisiveness. He did not believe taking this action would solve
anything and thought the Council should finish out their terms of office and leave it
`, up to the voters to decide what they want to do. Mr. Brad Lyman, 13777 Wildflower,
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E commented that if he were the Mayor or on the Council he would not put up with
what was going on. These actions certainly did not encourage people to run for office.
Chris Compton, 27855 Via Ventana, believed it was fortuitous that some people came
all the time to the meetings and also noted that it did not appear that the issues were
being addressed. Mrs. Elayne Dauber, 27939 Roble Alto, noted that she had not heard
any comments from the Council on the motions before them.
Siegel stated that he believed it would be helpful for all present if van Tamelen
explained her motion and why she made it.
van Tamelen agreed with the people that it was time to get moving and she stated that
was the first point she was making in her motion because the Council did have
serious and important things to do and they were not getting done and it was time to
face these issues. Some of these issues were: Town Hall Master Plan, Matadero Creek
changes, police services, General Plan, architectural review and planning issues. and
evaluation of the City Manager. She stated that the Town needed a Mayor who would
bring everyone together and who would speak well for the Town. van Tamelen went
on to say that she believed the Town needed a new Mayor who would represent the
Council and not attempt to make decisions separately by herself. On this issue, van
fkr Tamelen specifically referred to agenda control. van Tamelen stated that she did not
think it was appropriate for the Mayor to take it upon herself to resolve an issue
without working with the rest of the Council. The Council should hear the evidence
together, look at it together and make decisions as a whole and not individually. van
Tamelen further commented that she believed the Town needed a Mayor who
realized the worth of staff and who was familiar with the history and the policies of
the Town. She stated that the Mayor was not very familiar with the planning process,
the variances, the ordinances and the evolution of the ordinances over time. She
believed the Mayor should have the highest level of integrity and not give a sign of
impropriety. The citizens deserved good government and the Council deserved a
group that worked well. van Tamelen concluded that it was her opinion this could
only be done with a new Mayor. The Council had given it three to four months and it
just was not working.
Siegel commented that he knew everyone present was anxious for a resolution to this
matter and he also knew that his was the deciding vote. While he too wanted the
matter resolved, he honestly did not believe that reorganizing the Council would help
work out the differences on the Council. As he would probably be the new Mayor, he
noted that he may have just as difficult a time if these basic issues were not resolved.
In an attempt to resolved these basic issues, a meeting with a facilitator had been
scheduled for the Council for November 9th. For that reason he supported Johnson's
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`,. motion to table van Tamelen's motion to vacate the office of Mayor. However, he did
reserve the right to reconsider this issue after the Special Meeting of the City Council
with the facilitator which was scheduled for November 9th.
MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Casey and
passed by the following roll call vote to table the motion to vacate the office of Mayor.
AYES: Mayor Casey and Councilmembers Johnson and Siegel
NOES: Councilmembers Tryon and van Tamelen
Tryon stated that she was not pleased at the actions during tonight's Council meeting.
At the last meeting the organization of Council had been brought up and a vote had
been taken. After discussion of the Brown Act, it was placed on the agenda for
tonight's meeting. She commented on the effective blocking of the action previously
taken by the Council on the matter of reorganization of the Council.
4. APPOINTMENTS AND PRESENTATION
5. REPORT FROM THE PLANNING COMMISSION
Cr
Commissioner Emling stated that he had nothing to add to the report Council had
received summarizing the meeting of October 25 except to note that the section on the
Lands of McCulloch needed to be corrected to reflect the correct motions. The items
discussed at the meeting were: Lands of Purissima Hills Water District, request for
variances for construction of mobile telephone structure - referred to Council; Lands of
Wong - request for site development permit continued; and Lands of McCulloch,
recommendation sent to Council on tentative map extension for 23 lots of a 35 lot
subdivision.
6. CONSENT CALENDAR
Items Removed: 6.1 (Tryon), 6.4 (van Tamelen) and 6.5 (Tryon)
6.3 Lands of McCulloch had already been moved to later in the
meeting.
MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Tryon and
passed unanimously to approve the balance of the Consent Calendar, specifically:
6.2 Approval of Warrants: $56,872.61 (10.16.89)
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Items Removed:
6.1 Approval of Minutes: October 4, 1989 (Regular Meeting)
October 18, 1989 (Regular Meeting)
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson and
passed unanimously to approve the minutes of the October 4, 1989 Council Meeting
with the following corrections: page 3, Item 5, Sheriff's Department should be changed
to County of Santa Clara; page 4, third paragraph, delete '300%'; and page 11,first
paragraph, second sentence should read: ' including the Mayor or the Mayor's
• designee on the City Selection Committee. . ..; page 11, Item 11.2, first paragraph,
second sentence should read: 'Councilmembers present stated they had not read the
report and had no comments on the report.'
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson and
passed unanimously to approve the minutes of the October 18, 1989 Council meeting
with the following corrections: page two, insert following after first paragraph: 'van
Tamelen suggested that staff devise a method for residents to repair earthquake
damage with a minimum of permits and costs.'; page two, third paragraph, insert 'at
residences' after 'extra cans'; page four, amend paragraph three to read: '. . . .
.recommendation for a mitigated negative declaration'; and page seven, second
paragraph, second sentence should read: 'Tryon noted that the staff agreement with
Mr. Freedman was for an amount not to exceed $10,000 but asked how much had been
spent to date.'
6.3 Tentative Map Extension, Lands of McCulloch, Tentative Map #4-88, Stonebrook
Avenue/Prospect
Council discussed continuing this item to the next meeting due to the lateness of the
hour and the complexity of the issue. Mr. Saxe, applicant's attorney, stated that they
would agree to whatever decision Council made on when the matter should be be
discussed.
MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Siegel and
passed unanimously to continue the tentative map extension for Lands of McCulloch
to the next Council meeting on November 15, 1989.
6.4. Final Map, Subdivision Agreement and Private Road Maintenance Agreement,
Lands of Eshner, Altamont Road
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November 1, 1989
�Ilr
van Tamelen stated that she had removed this item from the Consent Calendar to
comment on the pathway issue. She noted that a request had been received from the
Pathways, Recreation and Parks Committee regarding pathways on this project.
However, van Tamelen had been advised that at the final map stage it was too late to
require additional conditions on a project. She commented on this for the benefit of
the Pathways, Recreation and Parks Committee.
MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Siegel and
passed unanimously to adopt Resolution #124-89 approving final parcel map and
approving and authorizing execution of subdivision agreement for Lands of Eshner
and Resolution #125-89 approving and authorizing execution of a private road
,maintenance agreement between the Town of Los Altos Hills and Julie M. Eshner
and ordering recordation thereof.
6.5 Authorization to enter into negotiations with Freedman, Tung & Bottomley
Council had before them the recommendation from the City Manager that staff be
directed to draft an agreement for planning services with Freedman, Tung &
Bottomley. Presently there was a letter agreement with Freedman, Tung & Bottomley
for an amount not to exceed $10,000. Mr. Freedman had made one presentation to the
Planning Commission and another one was scheduled for November 2nd and one
with the City Council for November 15th at 6:00 p.m. It was noted that the amount
actually spent to date on this project was not known.
Planning Commissioner Ed Emling reiterated his comments that everyone should
meet with Mr Freedman together. He had seen the earlier presentation and thought it
was excellent but he now believed there should be a joint meeting with the Council
rather than another presentation for the Commission the next night.
Mrs. Betsy Bertram, 11854 Page Mill Road, commented that she had seen the earlier
presentation and thought it was very enlightening. She supported everyone getting
together to see it.
Planning Commissioner Edwina Comiso noted that she thought they should have the
additional presentation on the 2nd as scheduled as it would be a good opportunity to
ask questions which were raised at the last meeting.
Tryon stated that she would prefer to defer a decision on this matter pending
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November 1 , 1989
additional information from the staff and a recommendation from the Planning
Commission. She believed a decision on whether or not the Town wanted to hire a
planning consultant at this time was premature. van Tamelen stated that she thought
it was important to move ahead and urged the Commission to hold their meeting on
the 2nd.
PASSED BY CONSENSUS: To hold the scheduled presentations by Freedman, Tung
and Bottomley on the 2nd and the 15th and to defer the decision on entering into
negotiations.
7. PRESENTATIONS FROM THE FLOOR
8. PUBLIC HEARINGS
9. OLD BUSINESS
The items under old business were discussed at the beginning of the meeting.
10. NEW BUSINESS
The items under new business were discussed earlier in the meeting.
11. REPORTS FROM STANDING AND AD HOC COMM11 FEES
11.1 Report from Ad Hoc Committee regarding policy on Full Disclosure
Council had before them the report prepared by Councilmembers Johnson and Siegel
which included a recommended policy on full disclosure. For purposes of clarification
it was suggested that the reference to 'an individual' parcel be changed to 'any' parcel.
It was also suggested that Section C be amended to read as follows:' Disclose any
economic interest in the application or in parcels within 300 feet of the parcel
addressed in the application. No Commissioner or Councilmember shall vote on
such applications.'
PASSED BY CONSENSUS: To send the amended policy on full disclosure to the
Planning Commission for their comments and to re-agendize for the next Council
meeting.
11.2 Report from the Finance Committee on its review of expense
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November 1, 1989
reimbursement requests and practices
This item was discussed earlier in the meeting.
12. STAFF REPORTS
12.1 City Manager
12.1.1 City Attorney
The City Manager reported that the City Attorney, Frank Gillio, was doing well after
his hospital stay but it would be awhile before he was back to his full schedule.
12.1.2 Special Council Meeting with Facilitator
The City Manager commented on the Special Council Meeting scheduled for
Thursday, November 9th with the facilitator. He noted that the City Clerk would be
contacting Councilmembers to arrange for separate one-hour interviews between the
Councilmembers and the facilitator prior to the Special Meeting scheduled for 5:00
p.m. at Daughters of Charity.
12.2 City Attorney
12.3 City Clerk
10.3.1 Report on Council Correspondence dated October 27, 1989
12.4 Public Works Director
12.5 Planning Director
13. COUNCIL BUSINESS
13.1 Letter from Fran Stevenson (Mayor Casey)
13.2 Role and Effectiveness of the Mayor (Councilmembers Tryon and
and van Tamelen)
13.3 Placement of Councilmembers' Items on the Agenda (Mayor Casey)
ihro
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13.4 Potential Brown Act Violations (Mayor Casey and Councilmember
Johnson)
PASSED BY CONSENSUS: To defer consideration of these items to the November 9,
1989 Special Meeting of the City Council on team-building.
13.5 Joint Meeting with Library Commission (van Tamelen)
van Tamelen noted that only she and Bill Siegel were in attendance at the Joint
Meeting scheduled with the Library Commission on October 31st. She commented
that it was a good presentation by those present on current issues facing the local
libraries.
Mrs. Dauber, Library Commissioner, noted that there were two major issues which
needed to be addressed. One was the fad that they were in the fourth year of the parcel
tax and within the next year or so it would be necessary to go back to the voters for
another parcel tax. The other issue was the need for expansion due to the current
crowded conditions. At this time the Library Commission wanted Council to be aware
of these issues.
41110 13.6 Joint Awards Luncheon — December 1, 1989 (van Tamelen)
van Tamelen reminded everyone that nominations for a volunteer award were now
due.
14. ADJOURNMENT
There being no further new or old business to discuss, the meeting was adjourned at
10:55 p.m.
Respectfully submitted,
Patricia Dowd
City Clerk
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November 1, 1989