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HomeMy WebLinkAbout05/16/1973 (2)CITY COUNCIL TOWN OF LOS ALTOS HILLS MINUTES OF A REGULAR MEETING #4W May 16, 1973 CC Reel 54 Side I Track 2 000-999-113 Deputy Mayor Mary Davey called the regular meeting of the City Council of the Town of Los Altos Hills to order at 7:50 PM In the Council Chambers of Town Hall, 26379 Fremont Road, Los Altos Hills, California. A. ROLL CALL: Present: Councilmen Kubby, Miller, Deputy Mayor Davey,and Commissioner Perkins Absent: Councilman Grabowski, Mayor Helgesson B. CONSENT CALENDAR: At the request of Council and the public, Items I and 3-a were removed from the Consent Calendar for separate consideration. MOTION, SECONDED AND CARRIED: Councilman Kubby moved, seconded by Councilman Miller and carried unanimously to adopt that portion of the Consent Calendar ` remaining: (a) Approval of Minutes: May 10, 1973 (Special Meeting) (b) Approval of Warrants: $8,876.79 (c) Motions for Adoption: (1) Motion approving Building Site (BSA -97-73) for Lot 20, Tract 1707, La Rena Drive, by Charles S. McCandless and Co. for Ms. Jill Barnett per Planning Commission recom- mendation. (2) Motion approving Building Site (BSA -96-73) for Lot 5, Traci 2003, on a private road off La Loma Drive to be designated as La Loma Place by Mr. Paul Monaco per Planning Commission recommendation. (d) Resolutions for Adoption: (1) Resolution No. 706, establishing the name, "Old Page Mill Road." I. APPROVAL OF MINUTES: May 2, 1973 Speaking from the floor, Mrs. Florence Magruder requested that In addition to the inclusion of her other remarks In the Minutes of May 2, 1973, the k. following be added to Paragraph I, Page 7: %W "Mrs. Magruder requested clarification from the City Attorney as to whether she was correct in understanding that whereas he had said at one point that an Initiative was not proper for the subject of zoning, he now would have to amend that to say, 'probably' zoning matters are not subject to Initiative." The City Attorney affirmed the correctness of Mrs. Magruder's understanding of his statements in this area. MOTION, SECONDED AND CARRIED: Councilman Miller moved, seconded by Council- man Kubby and carried unanimously, to approve the Minutes of May 2, 1973, as amended. 2. MOTIONS FOR ADOPTION: a. Motion approving election officers and polling places for Special Municipal Election to be held on Tuesday, June 26, 1973. Speaking from the floor, and requesting that her remarks be Included In the record, Mrs. Harold Schick requested a copy of the list showing proposed election officers and polling places. Mrs. Schick received a copy of the list from the City Manager. MOTION, SECONDED AND CARRIED: Councilman Miller moved, seconded by Deputy Mayor Davey and carried, with Councilman Kubby abstaining, to adopt the motion approving election officers and polling places for Special Municipal Election to be held on Tuesday, June 26, 1973. C. CURRENT BUSINESS: I. Appeal from Denial of Variance for Tennis Court by Planning Commission on April 25, 1973 (V-377-72), by Mr. Dale Junta. The City Manager presented the Staff Report pertaining to the Junta appli- cation, which report recommended denial of the application. Speaking from the floor, the applicant, Mr. Junta, spoke on behalf of his application for variance. Speaking from the floor, and requesting that his remarks be Included In the record, Mr. William Magruder, speaking as a member of the Planning Commisslon, stated that he was the only dissenting vote on the Planning Commisslon at the time denial of the application was voted (April 25, 1973). Mr. Magruder stated that his opposition to the denial was based on his feeling that the tennis court was not a direct violation of the law In not complying with the six requirements required by the or,;inance, but rather that the six requirements are subjective, and that a common sense analysis of the area in question Indicates that the tennis court should be placed where the applicant has Indicated. Mr. Magruder further stated that no objections to the placement of the tennis court had been received from neighbors, and that he has stood with other Planning Commissioners in defending the requirements of the ordinances, but that the 30' setback Is not a sacred rule, but rather a hypothetical figure, and that aesthetic values and the wishes of neighbors are some of the other variables requir- ing consideration. Following discussion by the Council, the following motion was adopted: -2- MOTION, SECONDED AND CARRIED: Councilman Kubby moved, seconded by Deputy Mayor Davey, and carried unanimously, that the application for variance for tennis court by Dale W. Junta, be approved, all six conditions required for %W such variance having been found to have been met. 2. Review of Proposed Budget for Fiscal Year 1973-74. The City Manager reviewed the proposed budget for Fiscal Year 1973-74. Following preliminary discussion of the proposed budget, the City Manager was directed to forward copies of the budget to members of the Planning Comm ss Ion. Speaking from the floor, and requesting that her remarks be Included in the record, Mrs. Pat Standring Inquired concerning page numbers missing from the proposed budget. The City Manager stated that certain page numbers were excluded to conform to the budget's system of showing figures on one page, with explanation of figures on the facing page, and that a sheet list - Ing these excluded page numbers Is Included In the budget. Speaking from the floor, and requesting that her remarks be Included In the record, Mrs. Harold Schick stated that she had heard, and had read In the paper, that the Town had $1,000,000. Mrs. Schick Inquired whether that figure Included everything existing In t me deposits, and all the monies that the Town had had. The City Manager stated that the total estimated expenditures for the 1973- 74 fiscal year total $1,020,000. Mr. Lawson stated further that the reve- nues and other monles available for 1973-74, including time deposits and all other montes In the bank (approximately $640,000), total $1,333,000. Mrs. Schick stated her understanding that the security the Town had had In the bank was Included In the expenditure. Mr. Lawson replied that It was Included, stating that the budget Is a total financial picture. Mrs. Schick stated her belief that the Town, In that case, was not holding Its tax rate, because while the tax rate remained at $.40, assessed valuation was increasing, so that actually the Income accruing from taxes Is increas- ed. Mr. Lawson stated that the General Fund reserve, currently at a level of $110,000, does not represent the entire $649,000 In the bank, adding that that amount Includes sewer money, monies earmarked for storm drainage, last year's gas tax accumulation, and money accumulated so far this year but not spent, so that the $649,000 is not the Town's reserve, but rather the Town's reserves have been, and currently are, the General Fund amount, now standing at $110,000. Following discussion, it was agreed that all Council members would be con- tacted to schedule a special meeting for the purpose of studying the pro- posed Budget for Fiscal Year 1973-74, pr l or to the Counc I l's first regular meeting In June. It was the consensus of Council to declare an official public hearing on ` the Proposed Budget for Fiscal Year 1973-74, for the regular Council meet - Ing of June 6, 1973. -3- 161 3. Appointments to Environmental Design Committee Deputy Mayor Davey announced the appointment of the following citizens to the Environmental Design Committee, stating that the major objective of the Committee, will be the beautification of roads and paths within the Town. Deputy Mayor Davey stated further that one additional seat remained to be filled on the Committee, adding that the City Council Invited addi- tional applications for that position. The Council hopes to announce the appointment of the fifth committee member at Its first regular meeting in June. Appointees named were: Mr. Renato Zappettini, Mr. William Zappettini, Mr. Wilton Minckley, and Mr. Dennis R. Gibson. D.- CONTINUING BUSINESS: I. Discussion of Content of Proposed Charter. The City Attorney presented a report outlining a study draft framework of minimal city charter, In which the purpose was to set forth a few substan- tive points, and to declare the balance of the city as run according to General Law. Speaking from the floor, and requesting that his proposals be Included In the record, Mr. Frederick Brutschy presented an alternative charter form, copies of which proposals were requested by the Council and City Attorney. [Copies of proposal not received as of date of printing, May 30,19731. Further to his proposals, Mr. Brutschy stated that long, careful considera- tion of any proposed charter should be carried out by an Independent committee, and should not be hastily or superficially carried out. Mr. Brutschy stated further that as some members of the Council have an Inter- est in consideration of a charter, and that morally and ethically some have a conflict of Interest with reference to this subject, the Council would not be qualified to judge the matter, but should withdraw from further con- slderatlon of It, though the Council would, by law, have to retain its power to vote on the matter. Mr. Brutschy reiterated that first, however, the task of evaluating material, including legal aspects, relative to a charter proposal should be performed by an Independent commission organized for that purpose, and that sufficient time, to the possible extent of one to two years, should be allowed for such a study. Speaking from the floor, and requesting that his remarks be Included in the record, Mr. William Downey stated that when the matter of a charter was first raised, he studied the report of the League of California Cities relative to this subject In order to learn which communities similar In nature to Los Altos Hills might be charter cities, and had learned that Atherton (Incorporated, 1923), Hillsborough (Incorporated before 1920), Monte Sereno, Woodside and Portola Valley, as residential communities, were General Law cities, as were industrially -zoned towns such as Emery- ville, Commerce and Industry. Mr. Downey stated his belief that the dedi- cation of the Council would be adequate protection for the preservation of current zoning, and that a sudden presentation of a charter proposal might serve different purposes than the strengthening of the Town's zoning. -4- Deputy Mayor Davey announrod that discussion of the question of a charter, with the inclusion of recommendations received from the Planning Commission, would be continued to the next regular meeting of the City Council. %V1 E. STAFF REPORTS: The City Attorney presented a request, forwarded to the City Council by Dr. Wallace Stegner, for refund, based on Dr. Stegner's having paid for more units of benefit In S.A.D. #9 than could ultimately be developed In his subdivision. The City Attorney stated that until assessment Is final and bonds are sold, it is possible to amend assessments. He stated further that the Town's bond counsel and counsel in pending litigation relative to S.A.D. #9, advised that assessments should not be altered until the litiga- tion is disposed of and that the Town cannot act upon this until such dis- position takes place. F. ADDITIONAL BUSINESS BY COUNCILMEN: I. Councilman Kubby requested that the record show that Mr. Brutschy's com- ments relative to Mr. Kubby's statements concerning a charter misquoted Mr. Kubby, and, to his knowledge, also misquoted the Palo Alto Times. 2. Deputy Mayor Davey announced that a Mayor's Committee Meeting was called for Monday, May 21, 1973, to select a nominating committee for the Inter - City Council and also to make a LAFCO appointment. Mrs. Davey requested Council permission to ask another member to attend in her place as she would be out of town on that date. The City Manager stated that Councilman Kubby is the designated alternate to ICC meetings in the Mayor's absence, and Mr. Kubby affirmed that he would attend the meeting. 3. Deputy Mayor Davey announced that the Town staff had requested that the Corey coffee service be discontinued, thereby eliminating this expense to the Town. It was the consensus of Council that the Corey coffee service be discontinued as soon as current supplies have been used. G. PRESENTATIONS FROM THE FLOOR: Speaking from the floor, and requesting that her remarks be Included in the record, Mrs. Pat Standring, stated that she felt that if the Town sustained a $1,000,000 budget, coffee could be provided for the Staff. Mrs. Standring further read a statement from Mayor Helgesson, copies of which were requested by Council, and shown below In its entirety: "May 10, 1973 Statement of Leslie A. Helgesson Mayor, Los Altos Hills At the Los Altos Hills council meeting of May 2, 1973, an announcement was made regarding vacancies on the Environmental Planning Commission and on the four standing committees. At the same meeting it was agreed that since, under Resolution 696 the terms of committee members would 41, -5- be effective as of July I, It would be advantageous to have Planning Commission appointments also begin on July I. It was also agreed that, after the 30 day waiting period following the announcement of vacancies, the Council should interview all candidates for committees or commis- sions and that such Interviews should start in June to allow full council participation. Regardless of this agreement the council major- ity has called a special meeting for this afternoon to conduct inter- views, knowing full well that previous commitments will prevent me from Participating in any interviews. I cannot condone this Illogical action; It Is a crude power play and childish maneuver to make politi- cal appointments --and I refuse to have any part in it. Signed /sy Leslie A. Helgesson" Deputy Mayor Davey stated that no appointments had been made to the Environ- mental Planning Commission, though the ordinance pertaining to the addition - a( positions went Into effect on May 18, 1973. Interviews for the posi- tions have been held, but no appointments have been made as of the meeting date In deference to Mayor Helgesson's and Councilman Grabowski's absence. Mrs. Davey stated that appointments announced earlier on the agenda were for the Environmental Design Committee. Councilman Kubby requested a report from Staff concerning the measures available to the Council relative to public disclosures made by Council members on matters discussed at a closed Executive Session. The City lilir Attorney indicated that he would prepare such a report. 2. Speaking from the floor, and requesting that her remarks be included In the record, Mrs. Harold Schick stated that she thought It proper that those present be Informed of how the Mayor knew there was to be a Special Council Meeting, inquiring as to how he was notified. Deputy Mayor Davey stated that the City Manager contacted all Council mem- bers. Mrs. Schick stated that the Mayor should have had the prerogative of calling any special Council meetings. Deputy Mayor Davey responded that certain Council members may call City Council meetings as well as the Mayor. Mrs. Schick reiterated her question as to how the Mayor was contacted. The City Manager stated that he had spoken to the Mayor. 3. Speaking from the floor, and requesting that her remarks be included in the record, Mrs. Florence Magruder stated that it should be announced at every Council meeting that when an individual wishes his remarks Included in the record, he should specifically state this request. Mrs. Magruder stated further that she had noted the omission of a portion of her remarks In the Minutes of May 2, 1973, and had, accordingly, visited Town Hall on a day set aside for hearing tapes (Tuesday and Thursday afternoons from I to 5 PM), to listen to the tape recorded meeting. She Illiw stated that she learned at that time that Mrs. Florence Fava had had to -6- Walt to hear the tapes because a staff member had taken the tape recorder home the previous evening to complete preparation of Planning commission Minutes. Mrs. Magruder expressed the view that it was not proper to re- move official tapes of town meetings from the Town Hall premises. She stated further that as the Minutes are currently structured In a digested form, it is impossible for the citizen to reconstruct exactly what occurred at a given meeting unless they are present, the only alternative being to bring a personal tape recorder to the meetings. The City Manager stated that as employees are not paid for overtime work, It was his belief that if they wished to complete work at home rather than having to return alone to Town Hall In the evening when regular, daily work preventedcomplete transcription of Minutes during normal working hours, they should be permitted to do so. The City Manager stated that Minutes were prepared outside Town Hall for a time prior to January by an outside secretary, and that while the Council may wish to override his decision in this matter, regular daily work would, in that case, be considerably back- logged. 4. Mrs. James Cairnes stated that it had been the experience of her husband and herself that in communities In which they'd lived previously, the community Itself had borne responsibility for garbage collection. As new residents, they had learned that Los Altos Hills does not administer gar- bage collection service for the Town. Mrs. Cairnes reported that It had been difficult to reach the Los Altos Garbage Co.; and that they had not fulfilled a promise to collect garbage on a certain occasion; her neighbors were much opposed to the high charge Imposed by the company and had attempt- ad ttempted to dispose of their own garbage at the dump In Mountain View, where a fee was also charged. Mrs. Cairnes expressed the view that the Town should be responsible for garbage collection and Inquired whether it would be possible for the Town to consider putting Into next year's budget an allot- ment to take care of this service for the Town's taxpayers. Deputy Mayor Davey stated that the matter would be considered by the Council. 5. Mr. A. M. Laws Indicated that while the City Council had praised the Staff on many occasions, it did not accept Staff recommendations not to approve a given matter, but rather took action opposite to such recommendations. Mr. Laws urged support for the Staff In this area. Mr. Laws further re- quested Mr. Faisant's comments concerning the security of Town records. The City Attorney stated that the City Manager was responsible for the Town's property. 6. Mr. Donald Spencer Inquired concerning a letter he had addressed to the City Council and had submitted to the City Manager, with the understanding that it would be agendaed, though it had not. Mr. Spencer asked the status of the letter. Deputy Mayor Davey stated that all Council members had received a copy of his letter and that the City Manager had been directed to write a letter In reply, incorporating the City Attorney's opinion In the matter covered by the Mr. Spencer's communication. -7- Mr. Spencer reported further that Mrs. Spencer had asked to see the map concerning designation of a portion of Sherlock Road as Sherlock Court, which map was referred to as "marked In red" in the Resolution covering such designation. She was not shown a map marked In red, but only a Xerox COPY of the map. Mr. Spencer added that he had asked to see the map marked In red also --prior to voting on the Resolution, and again during the Council meeting Intermission at which the map was discussed. Mr. Spencer stated that he was not able to see such a map until a week after the Resolution was passed, and that maps at Town Hall are a matter of public record. He expressed the view that It was abominable that an Individual should have to ask three times to see a matter of public record, and not be able to see it. Mr. William Downey, referring to the statement of Mayor Helgesson read earlier by Mrs. Standring, and to the reference by Councilman Kubby to Possible disclosure of matters pertaining to an Executive Session, expres- sed the view that the attention of Council and public should be directed to Mr. Kubby's action of May I, 1972, In reading a letter to the public, prefaced by the words, "It is my opinion," and read contrary to the City Attorney's advice that It not be read. Mr, Downey asked the City Council to inquire of the City Attorney concerning the propriety of that action. Mrs. Florence Magruder stated that she would like to have the matter of the retention of the tapes at Town Hall resolved in that there is always the danger of damage or accident in the event they are removed. Mrs. Magruder further requested that the City Council assure the public that when they are entitled to hear tapes, the machine and tapes will be available. Deputy Mayor Davey stated that the machine and tapes should and will be available at those times, stating in response to further query by Mrs. Magruder that the tapes themselves would be left to the management of the City Manager In order to get the work load out on a priority basis. Mrs. Magruder Inquired as to who would be liable if, inadvertently, the taped records of the Town are destroyed. Deputy Mayor Davey referred this question to the City Attorney . 9. Mrs. Mildred Gallo stated that the City Manager should Instruct the staff In using the tapes, expressing the view that not all the office staff Is currently aware of how to use them, indicating further that whenever she wishes to hear tapes the staff seems to have difficulty locating the portion of the tapes she wishes to hear. Mrs. Gallo stated further that 4 tracks are available on each tape, whereas only 2 tracks are currently being used. H. EXECUTIVE SESSION (Litigation and Personnel): MOTION, SECONDED AND CARRIED: Councilman Kubby moved, seconded by Councilman Miller and carried unanimously that the Council adjourn to executive session. I. ADJOURNMENT: 11:25 PM Respectfully submitted, Karen R. Halvorsen Deputy City Clerk