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HomeMy WebLinkAbout11/19/1976CITY COUNCIL iy' TOWN OF LOS ALTOS HILLS 26379 Fremont Road Los Altos Hills, California MINUTES OF A SPECIAL MEETING Saturday, December 11, 1976 cc: Reel 97, Side 1, Tr. 1, - 001-367 Mayor Robert Cheney called the Special Meeting of Council to order at 4:00 PM in the Council Chambers of Town Hall: A. ROLL CALL: Present: Council Members Brown, Grabowski, Hillestad, Proft, Mayor Cheney Staff: City Manager Robert Crowe, City Attorney Frank Gillio, City Clerk Norma Hislop B. CURRENT BUSINESS: Mayor Cheney announced that this was a Special Meeting called by four members of Council for the purpose of considering the removal of the Mayor and declaring that the Office of Mayor is vacant, and election of Mayor and Mayor Pro Tempore. He noted that at a Special Meeting no other business could be discussed or considered, and requested that any member of the public who wished to address Council speak to this item only. Councilman Grabowski stated that information had come to him earlier this day which distressed him, and based on this information, he did not think that this was the time to remove the Mayor of his duties. He moved instead, that the term of the Mayor be limited to one year. Mayor Cheney stated that this was not the order of business on the Agenda as stated, and did not think that such a motion was in order; that only the item appearing on the Agenda should be discussed. Councilman Grabowski felt that the Resolution he was proposing established a time frame and thought this was in order since the Agenda item did not state any specific time for this removal. In response to Council, City Attorney Frank Gillio stated that a Special Meeting was limited to the items contained in the Notice of a Meeting, and not having heard Councilman Grabowski's Resolution, he had no way of knowing if the proposal fell within its scope. He did note that General Law cities did not have the legal authority to establish the term of Mayor, although this is generally done at the time of election according to Section 36801 of the Government Code, which requires that the City Council meet on the Tuesday after the election and choose one of the members of Council as Mayor. He stated that the only legal authority was that at least once every two years Council choose a member to act in the capacity of Mayor. He also noted that the power of appointment carries with it the power of removal. CITY COUNCIL MINUTES - December 11, 1976 CONSIDERATION OF REMOVAL OF THE MAYOR (Cont'd): In response to a question from Councilman Grabowski, Mr. Gillio stated that, under the language of the Code, Council could discuss anything dealing with the question noticed; however, if Council adopted such a Resolution, it would have no force or effect legally, but would only be a matter of Council policy. Councilman Grabowski moved to adopt Resolution N establishing Council policy with regard to the term of the office ofaF1 yor, which shall be for a full year beginning in March; further, that no Councilman may succeed himself as Mayor. Councilman Proft seconded the motion, noting that he was doing so in order that the Resolution could be further discussed. Speaking to his motion, Councilman Grabowski stated that he felt it would be more appropriate to terminate the term of the Mayor on the anniversary date of his assuming office, and that, in spite of grievances, an additional three months would not make a significant difference. He stated that he felt his Resolution would be more beneficial to both the Town and the Mayor, and urged its adoption. Mayor Cheney proposed an amendment to the motion (above) which would make the Resolution effective subsequent to the present Mayor's completing his term of office. This motion to amend failed for lack of a second. L Councilman Brown stated that the main reason he was here this afternoon was 4/ because he believed Council had to have leadership providing a measure of procedural control to prevent meetings from degenerating to a mockery. He stated that if Council followed the rules laid down in the Municipal Code and in Robert's Rules Of Order, this could be done so that Council could function properly_._Te state that a number of Council meetings had been conducted in the past which were not conducive to proper government. Councilwoman Hillestad said that her reason today was to consider the matter outlined in the Notice of a Special Meeting, noting that even this was not the matter being discussed. She stated that she felt a great amount of frustration in trying to carry out her elected duties, and for this reason, she was willing to consider this matter. Councilman Proft stated that he thought it should he apparent that the Mayor served at the pleasure of the City Council to preside at meetings, to be the main liason between the policy-making body of the City and its Staff. He said he also thought it was apparent that the Mayor was not reflecting their feelings on the way Council meetings should be run or in the representation between the Council and Staff. Councilman Proft noted that this was a very serious question, not to be taken lightly, and not without a lot of consideration on his part. He stated he was here this evening to try to resolve a problem, and to spell the problem out clearly to determine whether the Mayor could represent the will of Council in his assigned duties. If this can take place, he said, this would be fine. He stated that he was elected by the people in the Town to do a job,and had found that he was unable to do the things 41 necessary to have an effective Council; thus the Community was suffering. -2- CITY COUNCIL MINUTES - December 11, 1976 CONSIDERATION OF REMOVAL OF THE MAYOR (Cont'd): Councilman Proft stated that if this matter could be resolved where the Mayor represented the will of the majority of Council, the Council could proceed with the important business of the Town to the benefit of the people of the Town it served. Mayor Cheney stated he would hear comments from the Assembly at this time, requesting that they limit their presentations to two minutes or less; to direct questions to Council Members only through the Chair; and to refrain from alluding to Council's motives or making derrogatory remarks. SDeakinq from the Floor: Mr. Peter Davis, Orchard Hill Ln.: Believed move of Council was divisive and a cover for trying to fire the Mayor. Mr. Jitze Couperous, Page Mill road: Agreed with previous speaker, stating that the proposed Resolution was a smokescreen. Urged Council to stand up and be counted on the real issue. Mr. Al Laws, Hooper Lane: Noted uproarious sessions of Councils in other communities, and thought Council should look to themselves to see what they were doing wrong. Dr. John Redpath, St. Francis Dr.: Stated thatalternatives should be looked at if this Resolution was successful regarding actions by Councilmen at 4 previous meetings, and for this reason urged denial of the Resolution. Mrs. J. Carico, O'Keefe Lane: Stated that she respected each member of Council, and that she felt that other business had overshadowed more serious business of Town. Felt that, especially at this season of the year Council could get along with each other, but agreed with the Resolution in that she thought there was a reason for its proposal. Mr. George Seidman, Diane Dr.: Opposed to Resolution and deplored the time of the meeting. Stated that by having a meeting at this time, it appeared to be an attempt not to let the people know what was going on. Mrs. Irma Goldsmith, Elena Road: Opposed to Resolution. Stated she would like to see Council shake hands with good will, especially at this season. Mrs. Alma Wood, Stonebrook Dr.: Did not feel Resolution would resolve matter, and urged Council to act as mature individuals. Requested that Notice of Special Meeting be read. Urged that no further Council meetings be held this month in the hope that during that time, Council would be able to resolve their differences. (Mayor Cheney read the Notice at Mrs. Wood's request.) Mr. Oscar Sobel, Christopher's Lane: Felt that all of Council was guilty and urged Council to get along because they were the "shepherds" of the Town, elected by the people. Mr. Walter Benson, Magdalena Ave.: Urged that Council take no action which would embarrass the Town, or themselves. `60 -3- CITY COUNCIL MINUTES - December 11, 1976 CONSIDERATION OF REMOVAL OF THE MAYOR (Cont'd): Mrs. Mildred Gallo, LaLanne Court: Agreed with previous speakers, and opposed to the untimeliness of meeting. Reminded Council that they were elected to listen to the people, but that the people had to know what was going on before they could respond. Mrs. Esther Sobel, Christopher's Ln.: Requested to know why this meeting had been called at this day and time. Mayor Cheney requested Council to note this question in case they wished to speak to it later. Mr. E. A. Gritsch, Canejo Ct.: Felt that many people would get up and speak opposed to the Resolution, but that it would be repetitious. He stated he felt the will of the people attending the meeting had been stated. Discussion on the issue returned to Council at 5:00 P.M. Councilman Grabowski requested to clarify the point that the Mayor was elected by the Council, and that Council was elected by the people. He stated that the Mayor was only the presiding officer to conduct Council meetings in a timely manner. He stated that if the Townspeople felt the office of Mayor should be elective, then an initiative should be started. Councilman Brown wished to clarify a statement made from the floor which alluded to members of Council meeting together to sign the Notice of a Special meeting, which was not true. He stated that the Notice had been signed separately by each Council Member after a great deal of thought, and that there was no collusion nor violation of the Brown Act. He stated that many ` people in the audience had also been present at the last meeting of Council. He stated that it was one thing to disagree, but another to make a mockery of meetings and Council, and that Council must have a measure of control in procedures so that meetings did not degenerate to something that was a shame to the Town. Councilwoman Hillestad stated that she agreed with many of the statements of the residents. She said that communications between Council Members had broken down, and that she did not want the Town embarrassed, or its position compromised. She stated that Council should be a viable tool to carry out the Town's business. Councilman Proft agreed with Councilwoman Hillestad's statements, and stated that this summed up his feelings. Mayor Cheney stated that he could only infer that he had not been doing the good things the other members of Council were doing, and this was the reason for his demise as Mayor. He stated that he had tried to keep an open dialogue with the people who had elected him, but perhaps had not kept an open dialogue with Council members themselves. He stated that he never felt that Council should approach him with their problems, and,at the same, he did not think he needed to consult Council on decisions where he had all the information before him that was needed to make a decision. He stated that, if he were going to be removed as Mayor, by inference this made him guilty of not having regard for the people of the Town, and he stated that if he came across that way, he was sorry and apologized. He said that it was not because he did not keep the objectives of the Town in view. Mayor Cheney agreed that Council had every right and authority to remove him as Mayor, but he found it difficult to even consider 40. such an action. -4- CITY COUNCIL MINUTES - December 11, 1976 CONSIDERATION OF REMOVAL OF THE MAYOR (Cont'd): faw Mayor Cheney stated that no one liked to be told that they were not competent, either by word or deed. He asked Council to reconsider the proposed Resolution and show their solidarity and concern by not voting for that motion, but instead, voting for confirmation that the Mayor was salvagable, and that he should fill out his two-year term. Councilman Brown noted that Mayor Cheney's role as Councilman was not in question, but his ability to keep order at Council meetings. Speaking from the Floor: Mrs. Irma Goldsmith, Elena Road: Stated problem of keeping order at Council was not new. Reminded Council that they were servants of the people, and that they should abide by their wishes as reflected in the statements from the floor this evening. Mr. Jack Valladao, Esperanza Dr.: Asked Council if they had considered that the Mayor might be right and they were wrong. The question was called, and Councilman Grabowski's motion to adopt Resolution #1010 establishing Council policy with regard to the term of the office of Mayor for one full year beginning in March,and that no Council Member shall succeed himself as Mayor, carried by the following roll call vote: AYE: Councilmen Brown, Grabowski, Proft. NO: Councilwoman Hillestad, Mayor Cheney ABSENT: None ABSTAIN: None C. ADJOURNMENT: Council adjourned at 5:15 P.M. -5- Respectfully submitted, Norma J. Hislop City Clerk