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HomeMy WebLinkAbout08/06/1975CITY COUNCIL TOWN OF LOS ALTOS HILLS 26379 Fremont Road Los Altos Hills, California MINUTES OF A REGULAR MEETING Wednesday, August 6, 1975 cc: Reel 78, Side 1, Tr. 2 - 001 -End; Side 2, Tr. 2 - 001-501 Mayor Stanley Grabowski called the Regular Meeting of the City Council to order at 7:30 P.M. in the Council Chambers of Town Hall, 26379 Fremont Road: A. ROLL CALL: Present: Councilmen Cheney, Helgesson, McReynolds (7:35), Councilwoman Miller (7:35), Mayor Grabowski Staff: City Manager Robert Crowe, City Attorney Frank Gillio, City Engineer Alex Russell, Building Inspector/Planner Ken Pastrof, Commissioner Keith Brown, Deputy City Clerk Norma Hislop Press: San Jose Mercury -News - Mr. Chuck Anderson B. CONSENT CALENDAR: At the request of Mrs. Ann Spencer, Sherlock. Court, Item 3 c) was removed (60 from the Consent Calendar for separate consideration, and Councilman Helgesson requested that Items 3 a) and 4 b) be removed. POTION SECONDED AND CARRIED: Councilman Helgesson moved, seconded by Councilman Cheney and unanimously carried to adopt the remaining items on the Consent Calendar, specifically: 1. Approval of Minutes: a) Minutes of Adjourned Meeting - June 17, 1975 b) Minutes of Adjourned fleeting - June 12, 1975 c) Minutes of Adjourned Meeting - June 26, 1975 d) Minutes of Regular Meeting - July 2, 1975 e) Minutes of Adjourned fleeting - July 9, 1975 2. Approval of Warrants: $111,113.83 3. Actions of Variance and Permit Commission: b) Lands of Perino, BSA#6049-75, J. Clegg, Engineer. Recommended approval of request. d) Lands of Offenbecker, BSA#6048-75, F. Pesano, Engineer. Recommended approval of request. 4. Actions of Planning Commission: ` a) Lands of Doyle, Josefa Lane, TM#2024-75, J. Riley, Engineer. Recommended approval of tentative map. 4r CITY COUNCIL MINUTES - August 6, 1975 CONSENT CALENDAR (Cont'd): 5. Resolutions for Adoption: a) Resolution #391 accepting certain improvements, "Moody Heights" subdivision, Tract #5597. Resolution #392 accepting certain streets and roadways into street system of Town, and accepting certain ways or easements as shown on "Moody Heights", Tract #5597. b) Resolution #893 catling for contract with California Highway Patrol for Abandoned Vehicle Abatement Program (renewal of existing contract) c) Resolution #894 accepting 41illiamson Act Contract, Dr. and Mrs. Laub, APN#175-32-012. ITEMS REMOVED FROM CONSENT CALENDAR FOR SEPARATE CONSIDERATION: 3. Actions of Variance and Permit Commission: C) Lands of Taylor, BSA#6045-75, J. Riley, Engineer. Recommended approval of request. �r Mrs. Ann Spencer, Sherlock Court, questioned the provision for sewer easement since there were no sewers in area and neighbors did not want sewers. She also questioned the pathway requirements since Central Drive was a private road. Toon Planner Ken Pastrof explained the requirements as approved by the Planning Commission. City Manager Robert Crowe explained that the Town can and does request easements for pathway purposes on private roads. Councilman Helgesson moved, seconded by Councilwoman Miller to approve the request for building site approval as recommended by the Planning Commission. Motion carried by the following roll call vote: AYE: Councilmen Cheney, Helgesson, Councilwoman Miller, Mayor Grabowski NO: Councilman McReynolds ABSENT: NONE ABSTAIN: NONE a) Lands of Jensen, BSA#6047-75, J. Riley, Engineer: Recommended approval of request. Councilman Helgesson questioned Staff as to why the road easement on Robleda Road was not used for access to this property rather than to place an additional house on a private road (Campo Vista). He also asked if a condition had been imposed whereby the applicant would con- 4br tribute to the upkeep of the private road, and expressed concern over the drainage in this area. -2- 4W CITY COUNCIL MINUTES - August 6, 1975 ITEMS REMOVED FROM THE CONSENT CALENDAR (Cont'd): Mr. Pastrof explained that there was what is commonly known as a "spite strip" owned by neighbors along the southerly side of the easement referred to by Councilman Helgesson which prevented the applicant from using Robleda Road for access. Regarding the drainage in the area, Mr. Pastrof said that this question would be better addressed at the Site Development level. Councilman McReynolds questioned Mr. Pastrof on the Ordinance of the Town limiting the number of homes allowable on a private road, and said it appeared that this building site request was an overt attempt to subvent the variance requirements of the Town. Discussion followed between Staff and Council concerning the require- ment of the Ordinance which limited the number of homes on a private road for a subdivision, and whether this Ordinance applied since the lot h had already been subdivided; that the applicant was requesting building site approval at this time. Because of these concerns, Councilman McReynolds moved that the entire matter be referred back to the Planning Commission for further study. motion was seconded by Councilman Helgesson and carried by the following L roll call vote: AYE: Councilmen Cheney, Helgesson, McReynolds, Mayor Grabowski NO: Councilwoman Miller ABSENT: NONE ABSTAIN: NONE NOTED FOR THE RECORD: The original vote on the above matter was unanimously thesmatterwback,tooStaff and therefore requested that herunderstood tt hvotetbenrefer changed as set forth. 4• Actions of Planning Commission: b) Lands of Newman, FM#3009-75: Incorporate deed restrictions on Deed of Easement (Conservation) within subdivision. Councilman Helgesson questioned Items 6 and 8 of the restrictions recommended by the Planning Commission. Councilwoman Miller noted that the conservation easement had been offered by the applicant, and since this was private, and not Town - owned property, the restrictions appeared to be extremely prohibitive. She also questioned who would enforce such restrictions. Discussion ensued between Council members and the City Attorney con- cerning restrictions allowable under the law relating to conservation easements. -3- CITY COUNCIL MINUTES - August 6, 1975 ITEMS RE14OVED FROM THE CONSENT CALENDAR (Cont'd): LANDS OF NENMAN (Cont'd): Speaking from the Floor: Mr. Alan Lambert, First Street Los Altos: Representing the applicant, Mr. Lambert presented the bac ground o the property and the thoughts of Mrs. Newman in developing it and offering the conservation easement. However, he stated that the restrictions imposed were of such a nature that, if they were approved, the offer of the easement would be withdrawn. Commissioner Brown explained the actions of the Commission in this matter, and cited Section 9-4.604 (d) of the Municipal code, which empowered the Commission to include reasonable restrictions on such easements. He suggested that the matter be referred back to the Commission with guidelines from the Council as to their concerns. Commissioner McReynolds commented that in the past the Commission and Council had exercised such restrictions on conservation easements, citing the flatadero Oaks subdivision as an example. He felt the matter should be re- ferred back to the Planning Commission; that there was not enough input to make a decision on this matter this evening. Councilman Helnesson moved that Items 6 and 8 be deleted from the restrictions which was seconded by Councilman McReynolds. However, Councilwoman Miller made a substitute motion to remove the deed restrictions on the conservation easement as recommended by the Planning Commission with the exception of Item 1, which prohibits any permanent structures within the easement. The motion was seconded by Councilman Cheney and carried by the following roll call vote: AYE: Councilmen Cheney, Helgesson, Miller N0: Councilman McReynolds, flayor Grabowski ABSENT: NONE ABSTAIN: NONE C. SPECIAL REPORTS: Presentations from the Floor: 1. firs. Irma Goldsmith Chairwoman, Traffic and Public Safet Committee: Reported on status o Committee work in progress. Stated tat Committee was concerned over the use of bikes on the Town's roads, and asked any Council member or member of the public who minht have any suggestions as to how safety could be improved to contact the Committee. She stated that they would continue to work for safety improvements and suggested stricter en- forcement of bicycle laws and better education of the bicyclist. 2. Mr. Paul Jensen Applicant for Building Site Approval: Requested clarification from Council as to why his application for building site approval had been referred back to the Planning Commission. GW CITY COUNCIL MINUTES - August 6, 1975 SPECIAL REPORTS (Cont'd): Presentations from the Floor. City Attorney Frank Gillio responded to Mr. Jensen's concerns, stating that the Planning Commission and Council were boundby what present requirements of the Town were. He noted that Council was asking the Commission to identify the problems and what the potential solutions might be. Councilwoman Puller moved, seconded by Mayor Grabowski to reconsider the action taken earlier in the meeting regarding Lands of Jensen. Motion failed by the following roll call vote: AYE: Councilwoman Puller NO: Councilmen Cheney, Helgesson, McReynolds, Mayor Grabowski ABSENT: NONE ABSTAIN: NONE 3. Mrs. Ann Spencer, Sherlock Court: Extended Council and residents an invitation to attend B9centennlal function on Sunday, August 24th from 4-7 PM to meet the artists who participated in the recent sketching contest. She commented that some of the sketches would be on sale to the public at that time. The event will take place at the Fremont Hills Country Club. 4. Mr. Ral h Cowden Cowden Place: Referencing his letter to Council of July 0, 19 5 perta ning to building site approval being sought for Lands of Morgan, APN 182-05-036, Mr. Cowden expressed concern that septic tank drainage would endanger Deer Creek, and requested that Council review the parcel relative to possible health hazards and excessive tree removal. In response to the Mayor's question regarding the status of the property at the present time, City Engineer Alex Russell reported that the matter was now at the Site Development level. Councilwoman Miller presented a brief historical background of the property and noted apparent irregularities which had taken place. Discussion ensued between Council and Staff regarding the question of whether the lot was an approved building site and if it had gone through the legal procedure when originally subdivided. When asked if the Council had ti:e right to review this matter, since it would not normally come before them at this time, City Attorney Frank Gillio stated that Council did have the power to review anything it wished. City Manager Robert Crowe stated that the applicant had been requested to supply additional information for Staff at the Site Development meetings held to date, and that the Health Department had been requested to reconsider their L percolation tests of 1956. The response from that agency indicated that they did not feel further tests at this time were necessary. Further geologic information had also been requested from the applicant. Mayor Grabowski thought it would be proper to stop any action on this matter and place this item on the next Council agenda for a full exploration of the problems raised this evening, and requested that Staff notify the applicant. -5- GW CITY COUNCIL MINUTES - August 6, 1975 E. SPECIAL ORDERS: 1. Requests for Relief from Check List Requirements: a) Lands of Bleisch BSA #91-72, from Item 4 b) re: Path construction: Mr. Max Bleisch, applicant, appeared before Council to request that Item 4 b) be deleted from his check list requirements, in return for which he would dedicate a 10' pathway easement to the Town to the rear of his property. This path would provide a continuous pathway from Robleda Rd. along IS280 and connect into O'Keefe Lane. Discussion ensued between applicant, Staff and Council concerning the reasons for the request. Councilman Helgesson moved, seconded by Councilman McReynolds, to accept the offer of Mr. Bleisch for the dedication of a pathway easement, with conditions, and granting relief from Item 4 b) of the original check list regarding pathway requirements. Motion carried unanimously by roll call vote. b) Lands of Houston BSA #89-72, from Item 10 e) re: Emergency Easement: �r Mr. Dale Jensen, 510 Waverly, Palo Alto, addressed Council on behalf of applicant, who was out of town. He explained that Mr. Houston had been unsuccessful in his attempts to obtain an easement from the adjacent property owners for the purpose of emergency access. The applicant felt that he had done everything he could to secure the easement, and now was request relief from that condition. Mr. Pastrof explained that the neighbors were not enjoining the Fire Department from using an easement for emergency purposes; but that they were unwilling to sell that portion of their property to the applicant. After further discussion, Councilman Cheney moved, seconded by Council- man Helgesson, to accept the recommendation of Staff and delete Item 10 e) under "Additional Conditions" of the original check list for this property. Motion carried unanimously by roil call vote. TAKEN OUT OF ORDER AS IT APPEARS ON THE AGENDA: D. STAFF REPORTS: 1. City Manager: Mr. Crowe requested that Council adopt a Resolution this evening setting a time and place for a public hearing on sewer service charges proposed. 16, MOTION SECONDED AND CARRIED: Councilman Helgesson moved, seconded by Councilman Cheney and unanimously carried to adopt Resolution #895 setting a time and place for a public hearing on the report of sewer service charges proposed to be collected on the 1975-76 tax roll. -6- 4 CITY COUNCIL MINUTES - August 6, 1975 Following is a verbatim dialogue which transpired during the Council meeting and which Mayor Grabowski requested be inserted in the Minutes: Councilwoman: Mayor Grabowski: Tonight, in the Palo Alto Times, there was an Miller article which stated "Grabowski Pressured To Give Testimony." I read the article and I was really quite disturbed. I spoke to Mr. Gillio before the meeting. Apparently you did not appear before the Human Relations Commission studying the Santa Clara County Housing Patterns studying laws and the racial integration of schools. The thing that disturbs me very much is your reason for not appearing, because I think it's a sham; and secondarily, if the Mayor of this Town cannot possibly appear before a group like this and defend our zoning, then who can? And I feel that a very good position could be made in defending our zoning. And I feel that if you don't want to do it, if you want to cop out, then let somebody else go before this group. But to state that there might be possible litigation - that's a very bad out; and what you do is place this Town in jeopardy. Now, I don't care how you feel; don't put the whole Town in jeopardy, which is exactly what you have done. And you have fallen right into the trap by not appearing. And it wouldn't cause you any hardship to go before this group and tell them why our zoning is a good thing and why we can defend it. And, when I see an article like this, I know we are going to be subject to another lawsuit. And I'm really very, very disturbed about something like this. Now, you can answer... I've talked with the City Attorney. I was disturbed by the article and what they said Mr. Gillio said, which Mr. Gillio said he did not say. And so I know about the Times; I know how they report things, and it's not always very correct. But the fact is that you did not appear before a group that you should have, and you should have strongly defended the Town's zoning. Mayor: Am I quoted in this article? C. Miller: No. Mayor: I've talked to no reporter reqarding the situation. C. Miller: Apparently you wrote a letter. Mayor: I talked to no reporter. C. Miller: I don't care whether you did. Mayor: Mr. Helgesson? C. Helgesson: As one member of the Council, I don't share the views of Mrs. Miller. The Council instructed you not to give any testimony.... C. Miller: I didn't. C. Helgesson: ..with regard... Well, Council did have a Resolution, or did have instructions from our Attorney on a lawsuit not to discuss any phases of our zoning outside of the Council Chambers. -7- 6W CITY COUNCIL MINUTES - August 6, 1975 ITEMS TAKEN OUT OF ORDER AS THEY APPEARED ON THE AGENDA: (Cont'd) C. Miller: While we were under threat from the Be la Raza.... C. Helgesson: Point of order....I have the floor. And I think Mr. Grabowski had a perfect right to refuse to give testimony. And until this Council passes a Resolution that we can, I expect him to honor the instructions that we have given. Mayor: Thank you. Mr. Gillio7 Mr. Gillio: Well, Mr. Mayor and Members of the Council. I, likewise, have not spoken with any reporters. I did speak with the Deputy County Counsel, who is quoted, because he called my office - and this is after we had spoken. I think: 1) Whether the Mayor or any member of the Council does or does not appear before an Advisory Commission of another jurisdiction - in this case, the County - is basically a matter of policy for the Council to determine. What disturbed me, bringing it back into the legal realm, was the statement by the Deputy County Counsel to the effect that they might well consider the issuance of a subpoena. And I said, 'Your Commission doesn't have the authority to do this.' And he said, 'Oh, it's been granted by the Board of Supervisors.' Now, that part does disturb me. I think to subpoena a Chief Officer of a City to appear before another jurisdiction in a matter where a public hearing was being held on a generalized subject, namely, housing, is certainly much different than an in- vestigation either by a Grand Jury or by the Board of Supervisors, or a City Council, of some particular act or concern that might lead to further litigation. The powe•to subpoena is the power to get at the facts through testimony and through presentation of written evidence. And I thought that it was out of mind to threaten, impliedly, that they might consider the subpoenaing of the Mayor. And I asked .that the County Counsel's office call me first before they undertook such a procedure so that we would be advised, and the Council could determine what action it chose to take. The Deputy County Counsel did state that this was an invitation to appear - an invitation not only to the Mayor of this City, but to other cities. And I think it's summed up in terms of my response that, implied in an invitation is the right to decline it. The County Counsel's office was particularly interested in whether we were still involved in the litigation, and advised that they had contacted Mr. Anderson, the attorney who represented the Town ably, and he said that that matter was completed. But there has been publicity to the effect that the Town might be sued as a result of a flew Jersey decision. So the continued challenge of `, the zoning may be a real possibility. And I think you've got to clearly delineate between the two things that are involved: the philosophies, the matter of Council representation - those are matters of policy that the Council determines. But I think when 10 4 CITY COUNCIL MINUTES - August 6, 1975 ITEMS TAKEN OUT OF ORDER AS THEY APPEAR ON THE AGENDA: Mr. Gillio: the possibility of consideration of a subpoena directed to the (cont'd) Mayor, or any other member of the Council,to appear before an Advisory group as a result of not having accepted an invitation to discuss something that involves a County -wide matter, is a different concern, and one that the Council should be concerned with. I think the Council should have the freedom to decide whether they want to discuss their zoning or not discuss it - that's Policy. But forcing, or using leverage to force any member of the Council to appear, seems to me to be playing dirty pool. Mayor: Thank you. E. SPECIAL ORDERS (Cont'd): 2. Requests for Time Extension in Filing Final Subdivision Map: a) Lands of Koo File #TM 396-72 J. Riley, Enqineer: Mr. Koo,applicant,appeared before Council explaining the reason for this request for an extension of time, which pertained to further study of recent percolation tests for septic tank installation. MOTION SECONDED ANP CARRIED: Councilman Cheney moved, seconded by Councilwoman Miller an unanimously carried to grant an extension of one year to the time for filing final map, Lands of Koo, File #TM396-72. b) Lands of Hayward File 0171403-73 Paul Nowack, Engineer: Mr. Crowe explained that this extension was being requested because the drainage requirements had not been completed. He noted that, with the storm drain improvements planned for Barron Creek, that this problem might be improved. Mr. Stoddard, representing the applicant also appeared before Council. MOTION SECONDED AND CARRIED: Councilman Helgesson moved, seconded by Council- woman Miller and unanimously carried to grant an extension of one year to the time for filing final map, Lands of Hayward, File #TM2004-73. C) Lands of Soector File #Tf1403-73 Paul Nowack, Engineer: Mr. Crowe stated that this request was being made to allow the applicant additional time for the preparation of the necessary documents, and Staff had no objections to the granting of this request. MOTION SECONDED AND CARRIED: Councilwoman Miller moved, seconded by Councilman Helgesson and unanimously carried to grant an extension of one year to the time for filing final map, Lands of Spector, File #TM403-73. 10 6W CITY COUNCIL MINUTES - August -6, 1975 SPECIAL ORDERS: (Cont'd) d) Lands of Pappas File #399-73 S Halsted Engineer: Mr. Crowe noted that the applicant had failed to file a request for an extension within the alloted period of time, but that Council could waive the late filing and grant the request if they so desired. Mr. George Eschew, Attorney, Redwood City, representing the applicant, addressed Council, stating that there had been problems concerning title litigation which should be cleared up within the eight month period of time which was being requested for extension. MOTION SECONDED AND CARRIED: Councilwoman Miller moved, seconded by Councilman Helgesson and unanimously carried to waive the late filing of the request and grant an extension of eight months for the filing of the final map, Lands of Pappas, File #399-73. 3. Actions of Planning Commission: a) Lands of Wright APN 182-04-059 Mr. William Longmeyer, representing the applicant, addressed Council, stating that extensive studies had been given to the property, and it would fall well within the limits set under the subdivision moratorium. Councilman Cheney expressed concern over the steepness of the slope on this land which in some areas which exceeded 20%. He noted that similar requests for exemption had been denied to other applicants. Councilman McReynolds supported Councilman Cheney's statements and concerns, stating that it was property like this that was the reason why the subdivision moratorium had been declared in the first place. Discussion ensued between Staff and Council concerning the map before them. Mr. Longmeyer stated that the Engineer had followed what they thought was the intent of the Resolution, and that it was his under- standing that Council was concerned with hillside development. Councilman Helgesson moved, seconded by Mayor Grabowski, to approve the recommendation of the Planning Commission and grant the request for exemption for Lands of Wright. Motion failed by the following roll call vote: AYE: Councilman Helgesson, Mayor Grabowski NO: Councilmen Cheney, McReynolds, Councilwoman Miller ABSENT: NONE ABSTAIN: NONE -10- t CITY COUNCIL MINUTES - August 6, 1975 F. GENERAL ORDERS AND UNFINISHED BUSINESS: Appointments to Nestwind Study Committee: Mayor Grabowski Mayor Grabowski stated that each Councilman had submitted three names of residents as their nominees to the Nestwind Study Committee, whose purpose was to receive input from citizens and local groups, and report back to Council with recommendations on the utilization of the property recently acquired by the Town. Nominees were as follows: Councilman Helgesson: Mrs. P. Standring, Mr. M. Schoendorf, Mrs. A. Wood. Councilman Cheney: Ms. Linda Craig, Mr. A. Laws, Mr. J. Muncie. Councilman McReynolds: Cdr. J. Dochnahl, Mrs. L. Gould. Councilwoman Miller: Mrs. W. Eastman, Mr. Arthur Gleim, Mrs. S. Whipple. Mayor Grabowski: Mrs. A. Spencer, Mr. J. Gable, Mr. G. Woompner MOTION SECONDED AND CARRIED: Councilman Helgesson moved, seconded by Councilwoman Miller an unanimously carried to confirm the nominees for the Westwind Study Committee as presented. 2. Announcement of Appointments to Mayor's Legislative Review Committee: Mayor Grabowski announced that a Legislative Review Committee had been formed to replace the Ad Hoc Tax Reform Committee, whose purpose was to review pending Legislation and make recommendations to Council regarding bills as they affected the Town. Appointments were as follows: Councilwoman Miller, Councilman Cheney - Co -Chairmen Commissioner T. Schick - Planning Commission Representative Mr. John Ewing, Member Mrs. L. Gould, Member 3. Mayor Grabowski requested that Council appropriate funds so the Town could purchase several of the sketches of the historical sites which had been submitted for the recent contest sponsored by the Bicentennial Committee. MOTION SECONDED AND CARRIED: Mayor Grabowski moved, seconded by Councilman Helgesson and unanimously carried to appropriate the maximum sum of $200 for the purchase of no more than four sketches for the purpose of a permanent display. G. NEW BUSINESS: 1. Ordinances for Introduction: a) Ordinance # amendin LAH Municipal Code b adding Chanter 4 to T t e 2 esta ishmnq a Police Reserve: Mr. Crowe explained that this ordinance was a framework ordinance providing for the authority to establish a police reserve if and when the need might arise. The reserve would augment and supplement a regular police force, and -11- CITY COUNCIL MINUTES - August 6, 1975 NEW BUSINESS ORDINANCES FOR INTRODUCTION (Cont'd): any member of such a reserve would have to complete "POST" training the same Cas any ouncil,ehr. Crowe readitheer or titleSofriff's Deputy- At the request of the proposed Ordinance. Cheney SECONDED ANDon Councilman Ordinance. Councilwoman Miller stated that she was opposed to such an ordinance because it appeared to be a vigillante-type approach to law enforcement. She said she believed in professional law enforcement, and stated that if the purpose of uch an ordinance besfor oneutize person honly, andynotfforraof the " Town, then to "reserve." Councilman Cheney asked how the Town could set up a "reserve" when it did not have a regular police force; whether this would conflict with the responsibilities of the Sheriff's Department now under contract with the Town, and who would determine the "need". Mr. Crowe clarified the authority stated within the ordinance wherein the City Council would have to approve any appointments made, and reiterated L that any reserve officer would have to undergo the same training as a regular officer or deputy. Councilman McReynolds stated that he did not see the sense to such an ordinance at this time, and thought the proposal should be studied further before any decision were made. Councilwoman Miller moved, seconded by Councilman McReynolds, to withdraw the motion for consideration and introduction. Motion carried by unanimous roll call vote. b) Ordinance # amending Chapter 1 of Title 4 of the LAH Municipal Code entitl'iP"Emergency Services.' Mr. Crowe explained that this ordinance was being presented this evening because the present ordinance pertaining to Emergency Services was out- dated. He noted that the proposed ordinance was in line with current State law regarding emergency services in case of civil or war disaster, and in general conformance with the State guidelines for such an ordinance. Mr. Crowe read the title or the Ordinance for the benefit of the public. McReynoldsSECONDED unanimouslyCARRIED: carriedctoman waivelfurtheresson mreadingseconded the Ordinance man Councilman Cheney commented on the designation of the Mayor as the Director ` of Emergency Services, and felt it more appropriate for the City Manager to be named the Director to provide some continuity. -12- CITY COUNCIL MINUTES - August 6, 1975 40 NEN BUSINESS - ORDINANCES FOR INTRODUCTION (Cont'd): Mayor Grabowski pointed out that the Town had seen three City Managers since he was on Council, and pointed out that the City Manager was not a resident of the Town and might not therefore be present during an emergency. He also thought the Mayor, as an elected official, would have more empathy for the people. He reminded Council that he had recently attended a special training program where such emergencies and their handling were covered, and felt that he was qualified to hold such a position. He said he also hoped that whatever Mayor replaced him would have the same ability. He noted that the City Manager, in the ordinance, was named Deputy Director. Councilwoman Miller questioned why a draft of the ordinance which named the City Manager as Director had been changed. She also questioned what might be termed an "emergency." Councilwoman Miller felt strongly that having the City Manager as Director would be more in keeping with the "checks and balances" system of government. Councilman Cheney stated that his concern was not that the Mayor was not capable of functioning as Director; that he had worked with such Emergency Services ordinances, and understood that in some cases this was the acceptable procedure. He said the question became more complex since the City Manager was not a resident of the Town. He noted that Council has to declare the emergency, according to the ordinance, and that this ordinance would empower the Town to declare such an emergency. He said that he knew that it had been prepared in conjunction with the County and State officials. Speaking from the Floor: Mr. Oscar Sobel, Christopher's Lane: Supported naming the Mayor as Director. Councilman Helgesson moved, seconded by Councilman McReynolds, to introduce the Ordinance by Title. Motion carried by the following roll call vote: AYE: Councilmen Cheney, Helgesson, McReynolds, Mayor Grabowski NO: Councilwoman Miller ABSENT: NONE ABSTAIN: NONE c) Ordinance d amending Title 6 of the LAH Municipal Code by adding thereto Chapter 5 entitled "Beekeepin Mr. Crowe explained that the Town had received a letter from a citizen who had been stung by a bee and had almost died as a result of the reaction, and that the letter had enclosed two petitions signed by 15 property owners in the area requesting the two beekeepers in that area to remove their bees. He said the City Attorney had prepared the Ordinance using the ordinance adopted by Santa Clara County as a guideline. The State Agricultural Code had also been checked with regard to conformity. Mr. Crowe read the entire `y ordinance to the public at the request of Council. Councilman Helgesson moved, seconded by Councilman Cheney to introduce the Ordinance. -13- f CITY COUNCIL MINUTES - August 6. 1975 �r NE11 BUSINESS ORDINANCES FOR INTRODUCTION (Cont'd): Speaking from the Floor in op2osition to the proRosed Ordinance: Mr. Stanley Peterson, Prospect Ave. Mr. Oscar Sobel, Christopher's Lane Mr. Bob Zarnekian, Central Drive, r. RolElena Road Mr. Doug McFarland, La Paloma Mr. George Clifford, Stonebrook Ave. Mr. Flax st Mr. PalmerlDyall,Robleda Rd. Mr. Ascension Or. Mr. Tome Stutz, ElenaPRoadtlrll Rd. Mr. Hugh March, La Paloma ct that was (way too determine whether baetame nbee oorrwild nbee ce rstung ethe acomplainant; eo that a number of beekeepers were also allergic to stings and had to carry antitoxin with leandtquested the enformatiefit ofon of ban Association to outline some basic rus courtesy for Councilman McReynolds noted that he had been a beekeeper for many years, and felt the suggestion that the beekeepers take it upon themselves to form an Association a good one. He moved that the proposed Ordinance under consideration be tabled. The motion was seconded by Councilman Helgesson and carried unanimously by roll call vote. Because of the lateness of the hour, Mayor Grabowski announced that the Executive Session (Personnel) scheduled for this evening would be held at a later date. H. ADJOURNMENT: Council adjourned at 11:45 P.M. to an Adjourned Meeting on August 12th for on the therpose of applicationtofuanUsehPermitJoint for uAdobesCreek Lodgehe Planning Commission Respectfully submitted, 41/ Norma J. Hislop Deputy City Clerk -14-