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HomeMy WebLinkAbout04/04/1973`,. CITY COUNCIL TOWN OF LOS ALTOS HILLS MINUTES OF A REGULAR MEETING April 4, 1973 CC Reel 52 Side I Track 1 450 - end CC Reel 52 Side 2 Track 2 000 - 780 Mayor Leslie Helgesson called the regular meeting of the City Council of the Town of Los Altos Hills to order at 7:50 p.m. In the Council Chambers of Town Hall, 26379 Fremont Road, Los Altos Hills, California. A. ROLL CALL: Present: Councilmen Davey, Grabowski, Kubby, Miller and Mayor Helgesson Absent: None Planning Commission Representative: Commissioner Weisbart B. CONSENT CALENDAR: I. MOTIONS FOR ADOPTION: a. Motion approving list dated April 4, 1973 of applications/permits as tri- vial in degree of environmental impact as submitted by the City Manager. 4 b. Motion endorsing the resolution of the Peninsula Commute and Transit Com- mittee that the Southern Pacific Transportation Company withdraw its application to the California Public Utilities Commission for fare increase c. Motion approving Building Site (BSA -95-73), Radcliffe Lane, Lot 2, Tract 3306. Applicant: Mr. D.F. Swannack (c/o Bob Card Builder, 960 N. San Antonio Road, Los Altos, California) as recommended by the Planning Commission. d. Motion approving Variance (V-385-73) for reduction In setback for lath greenhouse and pergola at 12179 Hilltop Drive, Los Altos Hills. Applicant: Mr. and Mrs. J.R. Blackaby, as recommended by the Planning Commission. e. Motion granting Use Permit (UP -386-73) for request to board horses at 24970 O'Keefe Lane (Shalom Acres). Applicant: Mr. Frank Ugle, 196 Santa Monica Avenue, Menlo Park, as recommended by the Planning Commission. MOTION, SECONDED AND CARRIED: Councilman Davey moved, seconded by Grabowski and carried unanimously to adopt the CONSENT CALENDAR. C. APPROVAL OF MINUTES: March 21, 1973 I. Page 4, Item 2, Paragraph 2, line I- ....Hillside Subcommittee staff. 11 11 11 114- ....include City of Palo Alto 4 MOTION, SECONDED AND CARRIED: Councilman Grabowski moved, seconded by Davey and carried unanimously to approve the Minutes of March 21, 1973 as amended. D. APPROVAL OF MINUTES: March 30, 1973 Councilman Kubby questioned the use of the term "meeting" in relation to the special session of the City Council on March 30, 1973 to consider resolutions pertinent to the recall effort. The City Attorney stated that it was correct to keep a record of this meeting, even if It was not what might be termed a real meeting. Councilman Grabowski stated that the Municipal Code calls for a true record to be kept and that this was an effort to call a special meeting "no meeting". Councilman Davey requested the opinion of the City Attorney on the matter,who indicated that a record of the specially called meeting might be kept, stating the absence of a quorum. MOTION, SECONDED AND CARRIED: Councilman Miller moved, seconded by Councilman Grabowski, with Councilman Davey and Councilman Kubby abstaining, to aooly the use of the term "Record" Instead of the term "Minutes" of a Special Session to the summary of the March 30, 1973 Special Council Session. E. APPROVAL OF WARRANTS: Councilman Grabowski questioned the warrant for payment to the firm of C.G. Uhlenberg and Co., asking how many times more such a warrant would appear on the list, to which the City Manager responded that the firm was being phased out since the recent employment of the Accounting Technician as part of the permanent staff at Town Hall. Speaking from the floor: Mrs. Theodora Schick reiterated the sentiment expressed by Councilman Grabowski. MOTION, SECONDED AND CARRIED: Councilman Davey moved, seconded by Miller and carried unanimously to approve the Warrant List of April 4, 1973 In the amount of $5,334.90. F. MOTIONS FOR ADOPTION: I. Motion approving expenditure of $2,500 for purchase of light utility pickup truck. Councilman Grabowski indicated that this matter had come before Council in the past and was determined to be an unjustified expenditure, according to the former City Manager. The additional ma lntenance expense, when combinod with the original expenditure, might not be justified in the long run. The $100 per month car allowance may yet be the most preferable method of keeping costs down. City Manager Lawson explained the two -fold advantage of purchasing the pickup truck: 1) There will be more than one maintenance man utilizing the vehicle; 2) A two -ton dump truck is presently the only city vehicle which Imposes strict limitations on the utilization of manpower, and is extremely expensive to operate for routine purposes. Councilman Grabowski reiterated the former City Manager's feeling on the sub- ject and stated that he would like to see a three-year analysis to determine `► If the Town will come out ahead financially on this purchase. -2- Speaking from the floor: Mrs. Millie Saviano Indicated her agreement with tho City Manager that such a purchase would savo money `. In the long run. MOTION, SECONDED AND CARRIED: Councilman Davey moved, seconded by Miller and carried unanimously that the purchase of a light utility pickup truck be approved In the amount of $2,500 for Town use. 2. Motion Issuing subpoenas to Town staff as possible witnesses In hearing re- quested by Mrs. Lisa Merritt scheduled for April 18, 1973. Councilman Grabowski questioned the appropriateness of this action. The City Attorney stated that he had advised the City Manager to subpoena the Town staff because some members of the staff were embarrassed to testify. This action would put each employee on equal footing, forcing no specific employee to act In a manner that would set him apart from the others. Councilman Grabowski asked if Mrs. Merritt would be entitled to cross examin- ation of the employees. He felt that she need not feel Intimidated since the District Attorney had found no avidenco of cri..,in_-1 ctio�i on ser p;irt. He questioned whether Mrs. Merritt should be apprised by the Council of the find- ings of the District Attorney. Councilman Kubby interjected that this was a matter to be discussed In litiga- tion session, to which Councilman Grabowski replied that the situation seemed rather one-sided. The City Attorney stated the procedure for conduct of the hearing to which Mrs. Merritt is not entitled due to having resigned her position. She has been granted the hearing by the Council as a courtesy. Her attorney will present his material and the Town will have the opportunity to do likewise. There will be cross-examination, by agreement of her attorney. All facts are to be aired without intimidation. MOTION, SECONDED AND CARRIED: Councilman Kubby moved, seconded by Councilman Davey, with Councilman Grabowski abstaining, to approve the issuance of sub- poenas to Town employees as possible witnesses at the hearing requested by Mrs. Lisa Merritt. 3. Motion authorizing expenditure of $800 for equestrian crossing warning signs as recommended by the Public Protection and Pathway Committees. Speaking from the floor: Mrs. Theodora Schick stated that the signs alone would cost $800, which did not include installation. She questioned the part of the Public Protection Committee In recommending the expenditure, with the supposition that signs were already available at Town Hall. Mayor Helgesson explained that the Public Protection Committee did recommend the need for signs as a matter of public safety. • Speaking from the floor: Mr. R.C. Cheney, as Chairman of the Public Protection rr Committee, said that the Committee had viewed the need for signs from a technical standpoint only without regard to cost. -3- Mrs. Judy Carico asked as to the cost of Installa- tion of these signs, stating the need for them to be `, properly Installed. Mrs. Ann Spencer requested a clarification as to why this matter was now being taken up under the CONSENT CALENDAR, when the Pathway Committee had been asked to provide further Input to the City Council. Mayor Helgesson replied that the Pathway Committee had made further recommenda- tions and that they had been reviewed by Council so that the matter was now properly listed under the CONSENT CALENDAR with the option of having the Item removed from the CONSENT CALENDAR by Council or the Public. Speaking from the floor: Mrs. Millie Saviano stated that while she was In favor of the purchase of these equestrian signs, she was not In favor of the circumstances Involved In the Pathway Committee's arrival at the decision to recom- mend them. There had been no quorum at the meeting and those participating had been mainly members of the Horsemen's Association. Hence, there was no true citizen representation at this meeting. Councilman Grabowski objected to there being no quorum at the meeting where several recommendations were presented. City Manager Lawson stated that the Minutes so reflected the fact and that discussion on various matters at the AW meeting was recorded with this fact In mind. Councilman Grabowski stated he felt the matter should be referred once again to the Pathway Committee. Councilman Kubby requested Mrs. Saviano to clarify whether or not she was in favor of the purchase of the signs, to which she replied that she was, but that she was not in favor of the circumstances surrounding the recommendation to purchase them. Speaking from the floor: Mr. A.M. Laws stated his contention that the eques- trian signs are not as much of a benefit to horsemen as they are of benefit to the motorist. Mrs. Dora Sukiennicki stated that signs were appro- priate In most locations, but that in the case of Page Mill Road, pathways should be provided for the safety of horsemen prior to erection of signs In that location. Mrs. Judy Carico stated that signs should be provided, but that the location of these signs was the only real point of disagreement. Mr. Bob Basil felt that there might be other prior- Itles more Important than the posting of equestrian signs at the present time. City Manager Lawson pointed out that a priority list does exist and that funds `r are available at this time to fill this request, without having to sacrifice any other project. -4- MOTION, SECONDED AND CARRIED: Councilman Davey moved, seconded by Miller with Councilman Grabowski abstaining (due to his feeling that the signs might better ( be provided for under the 1973-74 budget although acknowledging the fact they �r are a necessary safety precaution) to approve the expenditure of $800 for equestrian crossing signs. G. RESOLUTIONS FOR ADOPTION: I. Resolution No._designating the uses of 1972-73 Federal Revenue Sharing Funds. City Manager Lawson briefly spoke of the Special Meeting of the City Council of March 12, 1973 for the purpose of determining the uses of Revenue Sharing Funds and reviewed his desire as City Manager to spend the money for the overhaul of Town Hall ($20,000), the purchase of heavy equipment ($12,000), and the con- struction and maintenance of pathways ($19,000). He stated that the resolution delineating uses of the funds must be forwarded to the Department of the Treasury prior to the end of the fiscal year. Councilman Grabowski stated his concern that the money should be utilized for the repair of streets now badly damaged and attention should be given to the need of the public at this time. Town Hall might be overhauled In two years when the revenue for this task can be generated. He stated his opposition to the first two aforementioned uses as stated by the City Manager and his sup- port of the third use with special attention to proper patching of the streets. Councilman Kubby stated that much discussion had been held regarding the various uses of the funds, but that he would like to have the budget document r available In order to put the proposed uses into proper perspective. ` MOTION, SECONDFO AND TARRIED: Councilman Kubby moved, seconded by Councilman Grabowski with Co.incilr in .illcr opposed that the ,ntt3r of -n- us ; of Revenue 3hc:rin, Funds o tabled until the 1=7; 7�, ':ucget is reviewed. Councilman Miller requested that Councilman Grabowski's absence at the Special Meeting of March 12, 1973 to discuss Revenue Sharing Funds be shown in the record. 2. Resolution No. 699 calling for a special municipal election to be held on Tuesday, June 19, 1973,for the purpose of voting on the Recall of Councilman Mary Davey and Councilman Lee Kubby and Resolution No. 700 requesting the Santa Clara County Board of Supervisors to authorize the County Registrar of Voters to conduct the special municipal election scheduled for June 19, 1973. The City Attorney suggested a change In the first paragraph of Resolution No. 699 to read: "WHEREAS, the City Council has received recall petitions, certi- fied by the City Clerk to contain sufficient signatures to require a recall election to determine if Mary C. Davey and Leroy J. Kubby shall be recalled from office." Councilman Miller requested that the election be held on Tuesday, June 26, 1973, Councilman Grabowski asked the reason for the delay, stating that the people having signed the petitions were entitled to expeditious resolution of their grievances by law. Councilman Miller stated that there was no dereliction of `. duty on the Council's part since June 26th is within the scope of time per- mitted for the election, to which the City Attorney concurred. She further -5- stated that slanderous and erroneous information had been given to those asked to sign the petitions and that more time should be given these persons to think L more about the matter prior to casting a vote. Councilman Grabowski asked 6/ that Councilman Miller be more specific in her remark regarding slanderous comments and stated his feeling that the 26th Is the last possible moment for the election, although not an illegal date. Councilman Miller stated she felt this was not the time to delve Into the sub- ject, but that she was aware of statements made by the petition carriers re- garding Councilmen Davey and Kubby that were untrue, such as one particular statement that these Councilmembers stood to gain a great deal of money In conjunction with subdividers of land In Los Altos Hills. Her plans are to campaign for the truth and feels there is a need to hear from these Council - persons who have been unfairly Indicted. Councilman Grabowski stated that those who would make such statements would be guilty of felony, and should be investigated by the District Attorney, to which Councilman Miller commented that such steps have been taken, and that the matter will be taken up further during the campaign. Councilman Davey agreed that such matters would be aired during the campaign to give the citizens an opportunity to learn the facts and called for the question. MOTION, SECONDED AND CARRIED: Councilman Davey moved, seconded by Councilman Miller to call for the previous question. AYES: Councilmen Davey, Kubby and Miller. NOES: Councilman Grabowski and Mayor Helgesson. MOTION, SECONDED AND CARRIED: Councilman Miller moved, seconded by Councilman Davey with Mayor Helgesson opposed to adopt Resolutions No. 699 and No. 700 regarding the special recall election as amended by changing the language of the "WHEREAS" clause and by changing the date of the election from June 19th to June 26th, 1973. 3. Resolution No. 701 opposing the closure of the State Mental Hospitals for the mentally III and mentally retarded. Councilman Grabowski requested the name of the author of this resolution, to which the City Manager replied that it was the City of Saratoga. MOTION, SECONDED AND CARRIED: Councilman Grabowski moved, seconded by Council- man Miller and carried unanimously to adopt Resolution No. 701 opposing the closure of State Mental Hospitals. 4. Resolution No. 702 urging designation of the Bay Area Sewage Services Agency as the Areawide Sewer Planning Aganoy for the San Francisco Bay Area. Speaking from the floor: Mrs. Ann Spencer stated the need to put such matters before the citizens to determine the effect of Its passage on the Town. City Attorney Falsant read the Resolution. Speaking from the floor: Mr. A.M. Laws stated that citizens had no feel for such a recommendation and feared that by adopting it, the Town might lose control of the situation. -6- Mr. C.W. Getz stated that reading of the resolution did not tell the citizen anything because It was not understandable and asked why it was even needed. The City Attorney explained the need to have effective planning delegated to an agency having the scope and capability of understanding the problems and handling of sewage matters in the area, BASSA now being the only such organi- zation. Speaking from the floor: Mr. C.W. Getz asked what would happen if the Town of Los Altos Hills did not pass the resolution. The City Attorney explained the responsibility that the Town has to participate In such matters where there is obligation to take part. This resolution Is Intended to preclude a duplicating agency from becoming Involved in sewage planning matters., thereby avoiding overlapping of functions by two public agencies. BASSA is properly constituted to handle these matters effectively. Speaking from the floor: Mr. A.M. Laws stated that the Town should reject the proposed resolution and see If other towns adopt It. MOTION, SECONDED AND CARRIED: Councilman Davey moved, seconded by Councilman Kubby and carried unanimously that Resolution No. 702 urging designation of the Bay Area Sewage Services Agency as the Areawide Sewer Planning Agency for the San Francisco Bay Area be adopted. H. CONTINUING BUSINESS: I. Discussion of Committee Vacancies. MOTION, SECONDED AND CARRIED: Councilman Kubby moved, seconded by Councilman Davey and carried unanimously that the matter of discussion of Committee Va- cancies be postponed until citizens have the opportunity to respond to the advertisement in the Town Newsletter. 2. Discussion of Planning Commission recommendation for proposed ordinance re- quiring sellers of real property within the Town to obtain a property report from the Town Indicating any problems relating to the property, building ap- provals Issued or denied, setbacks, etc. City Manager Lawson stated the purpose of this recommendation as an aid to the potential buyer of property In the Town In detecting faults on property, or other problems, and providing a background of the property which he pians to purchase. Commissioner Weisbart explained that the Intent of the Planning Commission was to provide the buyer with soil slippage or fault line studies so that he would know what he was getting Into before purchasing the property, to which Com- missioner Perkins agreed. Speaking from the floor: Mr. David Jansson asked where and how he would obtain the report and who would pay for It. ♦r City Manager Lawson replied that the seller would obtain the report for the buyer at Town Hall. -7- Councilman Grabowski asked who would obtain the information and how for the report and who will pay for it. He also questioned If there would be any penalties for false statements made in the report. City Manager Lawson ex- plalned that this was not an attempt at consulting by the Town, but only an attempt to give the buyer background information and would apply to all proper- ty In the Town. Councilman Kubby questioned the liability to the Town and stated that such re- ports must be carefully prepared with only matters clearly of record to the Town included. Councilman Davey suggested that the staff and the City Attorney Investigate the possibility of rsquiring a property report and provide Input to the Council in one month's time. Speaking from the floor: Mr. C.W. Getz stated he was In favor of staff looking further Into the matter. Councilman Grabowski also instructed staff to research the cost of providing such a report to potential buyers of property. Councilman Miller suggested that the report might be included as part of the checklist currently provided by the Town. Council generally concurred to Instruct the staff to report on the matter in one month's time. I. ORDINANCES FOR ADOPTION: I. Ordinance No. 208 of the Town of Los Altos Hills amending Title 4, Chapter 4, Sections 4-4.01 through 4-4.05 of the Los Altos Hills Municipal Code concerning weapons. The City Attorney read the Ordinance by Title. MOTION AND SECONDED: Councilman Davey moved, seconded by Councilman Grabowski to waive further reading of Ordinance No. 208. AYES: Councilmen Davey, Grabowski, and Kubby. NOES: Councilman Miller and Mayor Helgesson. The City Attorney read the Ordinance for the second time. Speaking from the floor: Mr. A.M. Laws stated that he had read the appropriate sections of the Municipal Code and compared the new Ordinance with those sections and found them to be Identical. It should be thrown out. The City Attorney stated that substantive changes had been made and referred to each of them. Speaking from the floor: Mr. Robert Hall took exception to many items in the new Ordinance, stating his experience as a profes- sional and capable rifleman. He felt that the law- abiding citizen should be taken into consideration when writing such an ordinance. Councilman Miller stated that the Ordinance was meant to prevent indiscriminate shooting in the Town, to which Mr. Hall replied that he acknowledged this need. to Councilman Grabowski stated the need for such an Ordinance to curtail shooting In Town by Irresponsible persons, but that amendments could be made to the Ordinance whereby exceptions might be made for those responsible persons who knew how to handle weapons. This Ordinance was to aid the Sheriff in enforc- ing strict gun laws In the Town. Councilman Kubby Inquired about the right of a person to defend himself which is precluded in the Ordinance by necessitating the breakdown of a weapon for transport In the Town. Councilman Miller supported this view and that of Mr. Hall and suggested that a meting might be rid to ,".i:.^.rss the Ordinance further before adoption. She alj% sug;este:; Thal tlr. :ioli miGh� .31 included in this meeting for his Input as The Ordinance as it stands in not enforceable. The Chty Attnr'my stated that he believed the Ordinance to be imperfect and that the ldaal situation would be created by declaring the Town a part of the Fish and Game Preserve. However, there is probably no perfect solution to the problem. Speaking from the floor: Mr. Pobert Hall stated that he would be willing to participate in the meeting and to extend an Invita- tion to people with whom he is acquainted who are experts in the field In order to rewrite the Ordin- ance. Mrs. Millie Savfano stated that parents are held res- ponsible for their minor children who carry sling- shots so that parents will be put on the defensive by such an Ordinance. Mrs. Sheila Wank stated her fears for others and for animals who are unprotected from irresponsible persons. MOTION, SECONDED AND CARRIED: Councilman Grabowski moved, seconded by Coun- cilman Davey that Ordinance No. 208 be adopted, limiting the use of weapons In the Town of Los Altos Hills. AYES: Councilmen Grabowski, Davey and Mayor Helgesson. NOES: Councilmen Kubby and Miller. 2. Ordinance No. 209 of the Town of Los Altos Hills amending Title 9, Chapters I and 2, Sections 9-1.01 through 9-2.10 of the Los Altos Hills Municipal Code relating to Administration, Environmental Planning Commission, Official Plan Lines and Site Approval. Councilman Miller provided each member of the Council with suggested changes In the Ordinance as to limitation of membership In the Environmental Planning Commission. Discussion ensued as to the Inclusion of two extra persons to serve on the Environmental Planning Commission with all 9 members serving on a rotational basis. Members serving on the Planning Commission would necessarily serve on the Environmental Planning Commission. Persons whose talent might be directed `r toward one Commission might not be so directed to the other. In any event, background in planning would be required for a position on both boards. -9- Commissioner Perkins stated the need for extra membership due to the many problems to be dealt with presently existing with only 7 members on the Com- mission. The City Attorney mentioned that Commissioners Mueller and Lachen- 4I bruch felt there were too many members presently on the Commission. The City Engineer stated that his experience with rotation in other cities had boon satisfactory. Commissioner Magruder stated that the original concept of creating the Board of Planning Administration was to relieve the Environmental PL:nn'ng Commission of mundoco prc;;!r:.-s in order to permit the Commissioners to :;o about tho business of piarn,;n::. He did not approve of the rotational me.Inod, hecev_r, �D,,�lssioner We;sbr;rt stated that she liked the idea of rel,.il ng ;; h_.rc, and felt a!I of tLo Planning Commission should be c C`": - ... -. r;inerO• no adcmied since the Planning Cc aE-� on::^. c ons, and resulting deficiencies can be cc�r..-�iad to it,2 tuir-,. Cc'.InE; inan Dovey suggested that membership be extended to 9 members on the Erviro^mental Planning Commission, to which Coancllman Grabowski agreed. She fOf'I,er commented that the r:rto-tion system was a gc. nd Iden in order to divide the a ;;ort Ise among the memo Commissioner Perkins stated tt.et rotation d-peods very much upon the individu- als Involved. There Is no =. Ls,p le answe.-, but +hat i should 'oe tried. In this manner, the Planning Coswisslon will be relieved of routine matters. Rather than depending on staff to make decisions affecting the Town, these decisions should be made by a body of citizens. MOTION, SECONIND R1,19 CARRIED; Cni;rcilman Grabowski moved, seconded by Davey 'Ylut .� ra neo No. 29v o:, r.�J by T't!o s a,crc:=d w1-�1h re orenco to ✓tion 2.2-101 o,fcn.In_ rambersh;p on the Environmental Planning Commission to 9 persons rather than 7. AYES:-Councilmon Grabowski, Davey, Kubby and ;JOSS: riayor Helyosson. J. RRESENTATIONS FROM THE FLOOR: Mr. O.W. Getz stated that if those Councilmen being recalled have the Town at heart, they should now resign, In view of the feeling of the Townspeople against them, Commiscioner Perkins requested that the staff explore the possibility and ramifications of becoming a charter city, which would forever give control of the zoning of the Town to the citizens. Councilman Kubby endorsed this request and moved adoption of measures to become a charter city. Commissioner Perkins stated that this was merely a presentation from the floor for the purpose of instigating a study by the staff so that the question of zoning might be placed in the hands of the electorate after careful considera- tion. Mrs. Florence Fava stated she resented Councilman Kubby's statement and that the possibility should be carefully explored, not done all at once. 4V Mr. C.W. Getz stated his agreement with Commissioner Perkins and resented Councilman Kubby's "eleventh hour smokescreen". 7Pa Mrs. Ann Spencer questioned the length in time taken to forward Mr. Perkin's letter stating aforementioned comments to the Council. Mr. Lawson explained ` that an error had been made by staff so that the letter had been misplaced in preparing the Council Packets and Inadvertently left out and retrieved for the meeting. Mrs. Millie Savlano suggested that Commissioner Perkins had a constructive Idea but that becoming a charter city is a serious matter and must be further explored. Mrs. Theodora Schick stated that CURE had spent a good deal of time looking Into the matter and that becoming a charter city was a lengthy process. K. STAFF REPORTS: The City Attorney spoke regarding guidelines for environmental Impact reports established In the Friends of Mammoth case. The State had not been able to produce guidelines In time to forward to Council. Therefore, Los >ltos 'ills will be without astaulish�d yuluelin s to follow for two weeks. These guidelines should be voted upon at the next regularly scheduled City Council meeting of April 18, 1973. L. ADJOURNMENT TO LITIGATION AND PERSONNEL SESSION: 11:30 p.m. M. ADDITIONAL BUSINESS BY COUNCILMEN: 12:00 a.m. 1. Councilman Kubby reiterated his desire to have the City Attorney review the Possibility of becoming a charter city in order to totally allay any fears of altering the zoning policy of the Town by present Councllmembers. Councilman Grabowski indicated that most charter cities are metropolitan areas and that the 10 local general law cities in Santa Clara County have not become charter cities. He stated his general approval of a study to determine the feasibility of such a move. Mayor Helgesson read from a League of California Cities study on the subject, detailing the differences and similarities between general law and charter cities, and suggested careful study of the matter. Councilman Kubby once again stated that such a move would dispel the distrust in city officials by residents who seek to maintain the present zoning policy of the Town. Citizens might then work In harmony instead of against eachother. He requested a report by staff in two weeks on the subject. Mavor Helgesson stated that he felt that a one-month time period was Inadequate in which to conduct such a study. Councilman Davey agreed with Mayor Helges- son, but felt that a preliminary report might be made In two weeks' time stating advantages and disadvantages of becoming a charter city. Councilman Grabowski stated that such a move at this time will not dispel lack of confidence in city officials, but hoped that Councilman Kubby had made this request in good faith. Councilman Kubby Indicated that he had spent a good deal of time talking with Townspeople regarding the petitions they had signed to recall him. Many of these had signed the petition in order to hear the issues of the campaign. MOTION, SECONDED AND CARRIED: Councilman Kubby moved for the previous ques- tion, seconded by Davey. AYES: Councilmen Davey, Kubby and Miller. NOES: L Councilman Grabowski and Mayor Helgesson. fir' MOTION, SECONDED AND CARRIED: Councilman Kubby moved, seconded by Councilman Davey to Instruct the staff to gather information for a preliminary report on the pros and cons of becoming a charter city by the next regularly schsluled council meeting of April 18, 1973. AYES: Councilmen Davey, Kubby and ,Miller. NOES: Councilman Grabowski (due to his contention that an adequate report cannot be prepared In so short a time) and Mayor Helgesson. 2. Councilman Grabowski stated that tape recordings of the council meetings should be made available to the Townspeople on Tuesdays and Thursdays from 1:00 p.m. to 5:00 p.m. rather than only on Tuesdays from 2:00 p.m. to 4:00 p.m. The City Manager stated that whatever was desired by Council In this regard was acceptable to the staff. Councilman Davey stated her concurrence with Councilman Grabowski on this matter. Speaking from the floor: Mrs. Ann Spencer recounted her experience at Town Hall upon requesting to listen to the tapes, expres- sing her opinion that reservations might be made to listen to them and that It was a good idea to have a certain time prescribed for listening. City Manager Lawson stated that it would be feasible to make the tapes avail- able two days a week on a reservation basis. Speaking from the floor: Mr. A.M. Laws wanted to know how far the Town can go to restrict availability of tapes since they are a matter of public record. The City Attorney stated that Town business must be respected and that Iisteninc to tapes is not a common practice in most cities. This practice should not be viewed as a hobby or amusement. Speaking from the floor: Mrs. Judy Carico stated that many privileges have been taken away from the Townspeople as It Is, in- cluding that of accessibility to Town offices during meetings. Mrs. Theodora Schick stated that It was no pleasure to listen to tapes, but that it is necessary since one cannot tell from the Minutes what has actually occurred at council meetings. Two days a week are not enough for the purpose of listening to tapes. Mrs. Millie Saviano suggested that the citizens have been "cut away" from 1heir government and that the Council has engendered the feeling of distrust. Mr. Michael Parker asked what precautions have been taken to preclude erasures of the tapes, to which the City Manager replied that the staff now sets up the recorder for the Townspeople. -12- Mrs. Mildred Gallo stated that the only way in which L the tape can be erased Is to press the "record" button at the same time as the machine Is being run In "forward" position. Further, the Townspeople are not responsible for any damages to the tapes. Mayor Helgesson agreed that two days a week at the times specified we,, In order for listening to tapes, with general concurrence of the Council. 3. Councilman Kubby suggested the Town join Baldwin Park to support their effort relative to the potential litigation to test the constitutionality of the Bradley -Burns Sales and Use Tax Act, with Council concurrence. 4. Councilman Miller stated that several weeks of diligent work on the EI Retiro Property annexation had now been culminated and that at the IAFCO meeting of this date, much of the facts surrounding the EI Retiro Property had been ob- tained by Mrs. Florence Fava, Town Historian. Mrs. Fava has expended approx- Imately $5,000 of her own on Town historical projects and Councilman Miller suggested that the position of Town Historian might be compensated for direct expense. This matter will be an Item on the forthcoming agenda. N. ADJOURNMENT: 12:35 a.m. V Respectfully submitted, Michele R. Shaw Deputy City Clerk