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HomeMy WebLinkAbout11/06/1972CITY COUNCIL TOWN OF LOS ALTOS HILLS 4 11"UTES OF A REGULAR MEETING November 6, 1972 Reel 48 Side 1 Track 2 1100 -End Side 2 Track 2 00-895 Mayor Leslie Helgesson called the regular meeting of the City Council of the Town of Los Altos Hills to order at 7:48 P.M. in the Council Chambers of the Town Hall, 26379 Fremont Road, Los Altos Hills, California with the following members answering roll tail: Present: Councilmen Davey, Grabowski, Kubby, Miller and Mayor Halgesson. PLANNING COMMISSION REPRESENTATIVE: Commissioner Mueller APPROVAL OF MINUTES: June 19, 1972 Councilman Davey moved, seconded by Grabowski and carried unanimously {Mayor Helgesson abstained as absent) that the minutes of June 19, 1972 be approved as written. October 24, 1472 Councilman Davey moved, seconded by Grabowski and carried unanimously that the minutes of October 24, 1972 be approved with the following corrections, Page 31 1st Paragraph, last sentence: Change October 24, 1972 to October 25, 1972. Page 7, Unscheduled Item No. 7, 1st paragraph, second sentence should read: -Ma or Helgesson reported that only Mountain View, Los Altos, Los Altos Hills and Palo Alto attended the recent meeting regarding the Annual Arrangement and that there was no unanimity among those cities to have P.P.C. be the responsible agency for the proposed Annual Arrangement with HUD.' Page 10, Presentations from the Floor: No. 2: Change small °majority' to small -minority - COMMUNICATIONS: 1. Memorandum relating the Decision frau Superior Court in favor of the Town regarding the S.A.D. 09 Suit. Staff noted that the Plaintiff has 60 days in which to file an appeal. 2. Letter from Alan G. Lambert, President of Gerard Homes, Inc., commented on fees charged by the Town in cnnnectlon with local construction. 3. Bulletin from League of California Cities dated October 27, 1972 regarded Federal Revenue Sharing. COMMUNICATIONS {Cont.} #6e 4• Letter from Patricia Standring regarded ban on smoking in the Council Chambers. Councilman Grabowski was not In favor of a complete ban on smoking and suggested this item be placed on the agenda for the next meeting for further discussion. Councilman Miller favored a ban on smoking in the Council Chambers. Mayor Helgessun suggested a 'curbing' on smoking and felt perhaps if the Council would break for more frequent recesses this would permit persons to smoke out of doors. Council concurred to schedule this Item for the December 6, 1972 Council meeting. S. Letter from Kaiser Foundation Health Plan, Inc., notified the Town of Increased rates for 1973. 6. Letter from Dr. M. Evans, Chairman of the Environmental Quality Control Committee summarized activities of the Committee since March 4, 1971. 7. Palo Alto Red Cross extended an invitation to their dedication services to be held Sunday, November 12, 3:00-5:00 at 3333 Hillview, Palo Alto. A. League of California Cities reported actions taken at the recent conference regarding Ballot Propositions 6 Resolutions. 9. Notice of cancellation of the Public Hearing on the County0s adoption of housing element. 10. The Peninsula Division of the League of California Cities announced their next meeting will be held November 16 in San Francisco. 11. Letter from R. Stutz, Chairman of the Pathway Committee, stated activities of the Pathway Committee. General discussion ensued since this letter was just received. Councilman Grabowski objected to °eleven`h-hour Items" but stated he did not object to Staff distributing this letter now but felt discussion should be held later on in the agenda. Councilman Miller and Davey felt this correspondence should be accepted at this time. Nnyor Helgesson asked Staff to distribute Mr. Stutz+s letter but felt discussion should be held later on in the evening. ANNOUNCEEENTS: None. ` -2- SCHEDULED ITEM NO. 1: PUBLICHEA N N EXTENSION OF THE SLOPE DENSITY REQUIREMENTS PER ORDINANCE •198-A Staff stated that this is an extLnsion of the slope density requirements as spelled out in Ordinance 0194 as extended by Ordinance 0198-A which expires November 14, 1972. The Planning Commission has scheduled the first hearing on the Zoning Ordinance for Monday, November 130 1972. Mayor Helgesson opened the Public Hearing at 8:o5 r.M. Speaking `rom the floor, Mr. Glenn Taylor stated he felt this ordinance was an "overkilly and recommended to let this ordinance go by the board and expire November 14th. Mr. Taylor also stated he objected to the credibility gap between the ordinance and what really existed. Mayor Helgesson closed the Public Hearing at 8310 P.M. Planning Commissioner Mueller felt the trend is correct in what the Town is trying to dos i.e., the more slope, the less development and belicves the slope density requirement is proving itself. This item is to be considered later in the agenda under Ordinances. SCHEDULED ITEM NO. 2: BUILDING SFTE APPROVAL FOR ESTATE OF ALEX P. CHORBA {BSA -88-72} l LOT, 1.049 ACRES, LOT 115, TRACT 01707, DIANNE DRIVE. CRAIG WEBER, ATTORNEY FOR ESTATE Staff reviewed this Building Site Approval and stated that the Planning Commission, at their October 30th meeting, recommended the granting of Building Site Approval for this lot and determined that the environmenta impact of this permit is trivial. MOTION, SECONDED AND CARRIED: Councilman Davey moved, seconded by Grabcwski and carried unanimously to grant Building Site Approval to the Estate of Alex P. Chorba TBSA-88-721 for lot =15 of Tract 11707 on Dianne Drive in accordance with the Check List dated October 30, 1972 and that the Environmental Impact of this Building Site is trivial. SCHEDULED ITEM NO. 3: BUILDING SITE APPROVALS FOR DR. HAROLD J. BEAVER {BSA -89-82} 2 LOTS, FRONTING ON ARASTRADERO ROAD. TRACT 02093. ENGR.: J.W. RILEY Ca} LOT 05, WITH ACCESS FROM PRIVATE ROAD OFF LA CRESTA Cb} LOT 08, WITH ACCESS FROM HORSESHOE LANE Staff reviewed this Building Site Approval of these two lots and stated that the Planning Commission, at their October 30th meeting, recommended the granting of Building Site Approval for these two lots and determined that the environmental impact of this permit 1s trivial. ` -3- SCHEDULED ITEM NO. 3 {Cont.} a Lot No. 5 ` Councilman Davey was concerned with the Fire Department+s letter, the naming mf this private road and the restricted turnaround. The Fire Department emphasized access difficulty in fighting a fire involving a pole house. Councilman Grabowski stated that this was the first time the Fi-e Department had taken objection to pole structures and would hope that the Fire Marshal would come up with a solution to this problem He further stated that perhaps it would be well for Council to consider some restrictions on this type of construction to eliminate these fire hazards. Councilman Davey stated she didnOt like the violation of the land from an environmental concept, but felt the Council should not get involved with architectural control. Councilman Miller agread with Councilman Grabowski, in that she personnally felt pole houses were environmentally pleasing, but she was concerned with the Fire Depart- ments letter and the restricted turnaround. Councilman Grabowski stated that contractors and builders, in the future, should give some consideration of enclosing the area between poles so as to contribute to the safety of the residence and felt Council, in the future, should consider the recommendations of the Fire Department and not architecture' control. Mr. Bob Stutz, Chairman of the Pathway Committee reviewed the Committee. recommendations. Speaking from the floor, Mrs. M. Saviano felt a need for further study since the road was not the property of Los Altos Hills and recommended a floating easement for path purposes. The applicantls engir.eer, J. Riley, stated there was no need to float an easement. Council agreed to require an easement for path purposes along Arastradero Road. MOTION, SECONDED AND CARRIED: Councilman Davey moved, seconded by Mayor Helgesson and carried unanimously to approve the Building Site Approval of Sr. Harold J. Beaver (BSA -89-22} Lot 05 fronting no Arastradero Road, Tract »2093 in accordance with the amended Check List dated October 30, 1972 and that the Environmental Impact is trivial. Lot No. 8 General discussion ensued regarding the Fire Department Js disapproval letter with Council again stating their feelings regarding fire and safety hazards relative to this lot. Council agreed to require an easement for path purposes along Arastradero Road. MOTION, SECONDED AND CARRIED: Councilman Davey moved, seconded by Miller and carried unanimously to approve the Building Site Approval of Dr. Harold J. Beaver CBSA-89-721 Lot 08, fronting on Arastradero Road, Tract •2093 in accordance with the amended Check. List dated October 30, 1972 and that the Environmental Impact is trivial. SCHEDULED ITEM NO. 4: BUILDING SITE AM9WAL FOR BYRON V. WHITNEY {BSA -90-72} 1 LOT, LOT 011, TRACT 02958, OLIVE TREE LANE Staff reviewed this Building S1tE Approval and stated that the Planning Commission, at their October 30th meeting, recommended the granting of this Building Site Approval and determined that the environmental impact Is trivial. MOTION, SECONDED AND CARRIED: Councilman Davey moved, seconded by Kubby and carried unanimously to approve the Building Site Approval for Byron V. Whitney {BSA -90-72} 1 lot, Lot •11, Tract 02958, Olive Tree Lane In accordance with the Check List dated October 30, 1972 and that the Environmental Impact is trivial. SCHEDULED ITEM NO. 5: T LINE HANGS FO COLIN PETERS {LLC -6-72} LA LOMA DRIVE. Engr.: D.D. AHLGREN Staff reviewed this lot line change for Colin Peters and stated that the Planning Commission, at their October 30th meeting, recommended the granting of this lot line change fnr two lots and determined that the environmental impact of this permit is trivial. MOTION, SECONDED AND CARRIED: Councilman Davey moved, seconded by Grabowski and carried unanimously to approve the lot line change for Colin Peters {LLC -6-72} La Loma Drive in accordance with the Check List dated Octobcr 30, 1972 and that the Environmental Impact is trivial. SCHEDULED ITEM NO. 6: TENTATIVE MA OFO IVBi E. BYRD {391-72} 3 LOTS, 6.41 ACRES GROSSO LOCATED AT THE END OF BYRD LANE OFF NATOMA ROAD. ENGR.t SANDIS & ASSOC. MR. JOHN H11MBER Staff rev =,•red this Tentative Map and stated that the Planning Commissio. at their October 30th recommeidad approval of this tentative map subject to the conditions of the Check List and determined that the environmental impact is trivial. Councilman Davey complimented the developer on his choice of using three lots instead of the available four. MOTION, SECONDED AND CARRIED: Councilman Davey moved, seconded by Kubby and carried unanimously to approve the Tentative Map of Oliver E. Byrd {391-72} 3 lots, 6.41 acres gross, located at the end of Byrd Lane off Natoma Road in accordance with the Check List dated October 30, 1972 and that the Environmental Impact is trivial. .RECESS: 9:50 P.M. RECONVENE: 9:55 P.M. -5- SCHEDULED ITEM NO. 7: REPORT ON INITIATIVE PETITION BY CITY CLERK The City Clerk reviewed the Initiative Petition requesting adoption of au ordinance establishing sewer assessment procedures that was submitted at the last Council meeting. He stated that he had certified 1,491 of the 1,524 names submitted as being genuine and noted that this sub- stantially exceeded 15% of the 4,850 registered voters. He stated that the Election Code thus rgquired the elective body to eithert 1. Adopt the ordinance within tcn C101 days after it is presented, or 2. Immediately order a special election to to held not less than seventy four (74), nor more than eighty-nine C891 days after the date of the order, at which time the ordinance, without alteration, shall be submitted to a vote of the voters of the City. MOTION, SECONDED AND CARRIED: Councilman Grabowski moved, seconded by Mayor Helgisson for a first reading forthwith of the preferred ordinance of the Initiative Petition and that a special meeting be held Wednesday, November 15, 1972 at 7:30 P.M. for a second reading to adopt this ordinance carried by the following roll call vote: Ayes& Councilman Grabowski, Millen Mayor Helgesson. Noes: Councilman Davey and Kubby. Councilman Davey read a statement in which she felt the process of initiative was a precious right within the democratic system and that she respected the citizens who had used this system, but disagreed with 4W them over the legality of the initiatives content. Councilman Kubby read a statement in which he felt the measure Is, as to rest of its provisions, contrary to state law and benefited the few at � jreat cost to the many. General c'.t:a:..aion ensued with Council asking the City Attorney as to thr Counr'!^c. , . "ler regioa.t,c.ot in wn� ch she pointed out ha>• ionely p.ositirr'i ,. -'ng the so c,47led °Pivitol m,tev on the Council. Sh went on to sem; that the message she read could bE stated very clearly and that mrsczge is 'Hear me, listen to n•e, and acknowledge my viewpoint" and ihs.k t',n':aht rile must vote not on her interpretations, or other inter;.^eta4;:ens, but for what she bElievEd was best for the Town. Councilman Davey0s, Kubby+s and Miller0s written statements are Incorporated in this set of minutes which are on file at Town Hall. Ordinance 0203, First Reading, an ordinance establishing sewer assess- r.:znt procedures. The City Attcrnev :n'-roduced and read the title. of Ordinance No. 203, AN ORDrNANCE OF .'R£ TOWN OF LOS ALTOS HILLS E.-:.,8LISHING SEWER ASSESS- MENT PROCEDURES. -6- SCHEDULED ITEM NO. 7 {Cont.} [ MOTION, SECONDED AND CARRIED: Councilman Miller moved, seconded by W Grabowski to waive further reading carried by the following roll call vete: Ayes: Councilman Grabowski, Miller, Mayor Helgesson. Noes: Councilman Davey and Kubby. Speaking from the floor, Mr. Wm. Ross Aiken expressed objections that Councilman Kubby+s statement were misleading and it was a falsehood to Indicate that the vote is on a people {those benefited} basis in a sewer dispute because, in truth, 4t is the land area that votes. One large land holder gerrymander a district so that all public land {roads paths, open space, etc.} and his land out vote individual residents and force them into sewers for his financial gain. SCHEDULED ITEM NO. 8: RESENTATION AND DI CUSSION OF REPORT FROM BAXTER, MC DONALD 6 COMPANY Councilman Grabowski pointed out that the study of Baxter, McDonald 6 Company, in their finalized form, came to him at 3:00 P.M. last Fridny• Councilman Grabowski didn+t believe the Council could properly discuss the report tonight and suggested that the report be received but limit discussion since there wasn+t enough time to adequately review this report. Mayor Helgesson asked that the study be presented and then at that time consideration would be given to the length of discussion t{me. Mr. William Zion of Baxter, McDonald 8 Company gave a summary of the study and then reviewed in more detail the 'Summary of Recommendations'. General discussion ensued as each recommendation was read by Mr. Zion. MOTION, SECONDED AND CARRIED: Councilman Kubby moved, seconded by Davey to receive the Baxter, McDonald report and to agenda discussion and possible implementation at a special meeting schaduled for November 15, 1972 at 7:30 P.M. and discussion of possible extension into Phase II at that time carried by the following roll call vote: Ayes: Councilman Pavey, Kubby,Miller Noes: Councilman Grabowski, Mayor Helgesson. Councilman Davey read a statement {signed by herself, Councilman Kubby and Miller) which expressed their pleasure with the Baxter, McDonald report and noted their intention to move rapidly ahead in implementing the recommendations of the report and requested a special Council meeting to begin this process of implementation and to consider entering Into Phase II with Baxter, McDonald 8 Company. This written statement is incorporated in this set of minutes which are on file at Town Hall. Councilman Grabowski stated he deplored this type of railroading action and that he had indicated to the Council thct he hadn+t had time to stud this document and accept it. He further stated that accepting this ` study at this time is the same as approving it and he was sorry that ` the Council had again elected to proceed on a reckless path. -7- Awr SCHEDULED ITEM NO. 8 {Cont.} MOTION, SECONDED: Councilman Kubby moved, seconded by Davey to adjourn to the Personnel Session. Councilman Grabowski stated for the record: "Unllk. other items on the agenda, the subject mattcr for Personnel, Executive and/or Litigation, secret meetings, is, most time, unknown to anyone except he or those who prcpose such meeting. Therefore, since this 'Executive Session° follows immediately upon the heels of the Zion Report, I can but suspect the purpose of this secret meeting to be some sort of action on staff dismissals. The right of the people to know should and must super -impose itself upon all council matters, except, of course, where public revelation might adversely affect the Town. Excepting cases of suspected criminal activity, personnel matters should be discussed openly within the public viec, for it is the public that pays the bill and possesses the ultimate authority. If we are to consider dismissals in response to Zion0s Report, I believe we should have the guts to do It eye -ball to eye -ball before those S*aff members who face discharge. I emphatically object to secret meetings of the Council without irresistible reason, and lacking malfeasance, there appears to me to be no compelling purpose to demand secrecy in matters of employment. To utilize the secret session as a device to implement personnel changes {and this appears to be the case here}, is abhorrent to me as it must be to all and I, therefore,elect not to participate in that kind of back- room, secret, political maneuvering. In short, Mr. Mayor, unless someone can convince me that my partictpatic; in this secret session would influence decisions that I fear may have already been made, I will choose to sit this one out.' Discussion ensued regarding Personnel Session laws and regulations. MOTION, SECONDED AND CARRIED: Councilman Davey moved, seconded by Kubby to determine whether the Council would vote to go into Personnel Session carried by the following roll call vote: Ayes: Councilman Davey, Kubby, Miller Noes: Councilman Grabowski, Mayor Helgesson. MOTION, SECONDED AND CARRIED: Councilman Davey moved, seconded by Kubby to adjourn to the Personnel Session carried by the following roll call vote: Ayes: Councilman Davey, Kubby, Miller Noes: Councilman Grabowski, Mayor Helgesson. Speaking from the floor, Mrs. J. Carico spoke on the article printed in the Palo Alto Times regarding the Management Consultant+s report. -8- ADJOURNED TO PERSONNEL SESSION: 10:15 P.M. 4 RECONVENE: 11:35 P.M. U9SCHEDULED ITEM NO. 1: E RMINATION OF ENVIRONMENTAL IMPACT OF PERMITS AND APPLICATIONS Staff reviewed and requested approval of a list of all applications received at Town Hall since October 241 1972 to the City Council in accordance with the Environmental Quality Act of 1970 and Town Ordinance No. 199. Staff has determined the impact to be trivial and recommended approval. MOTION, SECONDED AND CARRIED: Councilman Davey moved, seconded by Miller and carried unanimously to approve the list of applications/ permits dated November 2, 1972 and amended with list dated November 6, 1972, submitted to the Town Hall and that the Environmental Impact of these applications/permits is trivial. UNSCHEDULED ITEM NO. 2: ACTION ON REORGANIZATION OF COMMITTEES Action on this item was deferred to the November 20th meeting. UNSCHEDULED ITEM NO. 3: REQUEST FROM SANTA CLARA COUNTY HEALTH DEPARTMENT FOR TOWN TO AMEND MUNICIPAL CODE, TTTLE 6, ARTICLE 1, REI FEES FOR DOG LICENSES 4 The IPalth Department asked the Town to amend their Municipal Code to reflect the changes which the Board of Supervisors made relative to animal and rabies control, effective December 1, 1972 to coordinate with the effective date of the County+s ordinance. Staff reviewed the changes needed, i.e., the increase of the dog license for unaltered males. A public hearing was scheduled for December 6, 1972 for this item. UNSCHEDULED ITEM NO. 4: REQUEST FOR ONE-YEAR EXTENSION TO FILE FINAL MAP FOR MATADFRO OAKS SUBDIVISION. The engineer representing Land Reso:rces Corporation has requested an extension of one year in time for the filing of their Final Map of Matadero Oaks which would extend the filing date to December 20, 1973. Staff recommendeG approval ane: finds there is no environmental impact connected with this extension of time. MOTION, SECONDED AND CARRIED: Councilman Davey moved, seconded by Miller and carried unanimously that the request for a one-year extension to December 2u, 1972 to file Final Map for Matadero Oaks Subdivision be approved and that there is no Environmental Impact connected with this action. UNSCHEDULED ITEM NO. 5: REQUEST FOR PERM-ITS-ION TO REPAIR FIRE DAMAGE TO RENTAL COTTAGE AT kv 13830 PAGE MILL ROAD. S*caff reported that on October 21, 1972, one rental cottage was.completel destroyed and another damaged by fire on the above property. There are now existing one main residence, one rental cottage, one partially burned cottage, one completely destroyed cottage and several small storage sheds not used for human habitation. According to the Zoning Ordinance, the owner would be permitted one main residence and one secondary residence. Mrs. Rynear- {owner} is asking for permission to repair this damaged cottage so she can maintain two rentals, in addition to her main residence. Staff stated that if the Council wishes to grant Mrs. Rynear permission to repair this damaged cottage and continue renting it, conditions should be stated that it would be subject to change in 1976. The City Attorney stated that Council permission was not required to repair this fire damage and that Staff could issue a permit. MOTION, SECONDED AND CARRIED: Councilman Davey moved, seconded by Mille. and carried unanimously to approve and add this request for permission to repair fire damage to rental cottage at 13830 Page Mill Road to the list of "Determination of Environmental Impact of Permits and Applicationsv {Unscheduled Item No. 11 as the Environmental Impact Is trivial. UNSCHEDULED ITEM NO. 6: STAFF REPORTS I. Staff reviewed the Kaiser Health Plan stating that the premiums will be increased. Staff asked for consideration of the Town to pay 100% of the premium which would amount to an increase of a approximately $40 per month. 2. 3toff informed the Council that the mailing labels which they had requested were now available. 3. Staff reviewed the meeting between the town, Mr. Abrams and the County Health Department stating that Mr. Abrams would like to have Council action deferred until he had time to try and form a sewer assessment district. Council cuncurled. 4. Staff stated that it was again time to order seedling trees. Council concurred and directed Staff to place this order. S. City Attorney requested CouncilOs direction regarding the Oliver/ Town of Los Altos Hills storm drainage suit. Council concurred to defend this suit. PRESENTATIONS FROM THE FLOOR: ( None. -]0- ORDINANCES, 4 1. Ordinance No. 200, Second Reading, Changing the meeting day of City Council to Wednesday. The City Attorney introduced and read in its entirety, Ordinance No. 200, AN ORDINANCE OF THE TOWN OF LOS ALTOS HILLS AMENDING CERTAIN SECTIOn OF THE LOS ALTOS HILLS 4UNICIPAL CODE RELATING TO COUNCIL MEETINGS. MOTION, SECONDED AND CARRIED: Councilman Davey moved, seconded by Mayor Helgesson and carried unanimously to adopt Crdinance No. 200 as read. Ordinance No. 201, First Reading, Urgency Measure extending the effective duration of Ordinance No. 198-A regarding slope density requirements. The City Attorney introduced and read the title of Ordinance No. 201, AN ORDINANCE OF THE TOWN OF LOS ALTOS HILLS EXTENDING EFFECTIVE DURATION OF ORDINANCE 194 OF SAID TOWN. MOTION, SECONDED AND CARRIED: Councilman Grabowski moved, seconded by Miller and carried by unanimous roll call vote to waive further reading. 3. OrdinanceNo. 202, First Reading, Amending Municipal Code, Title 6, Article 1 regarding increased dog license fees. `The City Attorney introduced and read the title of Ordinance No. 202, 'AN ORDINANCE OF THE TOWN OF LOS ALTOS HILLS AMENDING A SECTION OF THE TOWN OF LOS ALTOS HILLS MUNICIPAL CODE RELATING TO ANIMAL AND RABIES CONTROL. MOTION, SECONDED AND CARRIED: Councilman Davey moved, seconded by Miller and carried by unanimous roll call vote to waive further reading. RESOLUTIONS, Nene. WARRANTS: MOTION, SECONDED AND CARRIED: Councilman Davey moved, seconded by Grabowski and carried by unanimous roll call vote that the warrants as presented in the amount of EIGHT THOUSAND SIN, HUNDRED FIFTY DOLLARS ::nd-SEVEf1TY-CIGILIT CENTS {�:8,;,�r�.7�F S;: jpi_rcv:.0 :end 1h City Cl.--r%autl)oriz .c: to draw th-, apprcpriatc warrants. OTHER BUSINESS BY COUNCILMEN: 1. MOTION, SECONDED AND CARRIED: Councilman Kubby moved, seconded by Davey and carried by unanimous roll call vote to instruct the City Attorney to amend the Municipal Code to provide the Town Manager authority to hire and fire the Positions of City Clerk and City Engineer. -11- OTHER BUSINESS BY COUNCILMEN {Cont.} 2. MOTION, SECONDED AND CARRIED: Councilman Davey moved, seconded by Kubby to pay the firm of Baxter, McDonald and Company for their attendance at the special meeting, November 154 1972, since the Council requested this special meeting carried by the following roll call vote: Ayes: Councilman Davey, Kubby, Miller, Mayor Helgesson. Abstained: Councilman Grabowski. 3. Staff was asked as to the date the Council would begin their Wednesday meetings. The first Wednesday in December was decided upon to begin the meeting night change. ADJOURNMENT: Mayor Helgesson adjourned the meeting at 11:55 P.M. to the Special Meeting, November 15, 1972 at 7130 P.M. at Town Hall. jd Respectfully , Ted J. K uzek City Clerk Treasurer Town of Los Altos Hills -12- t. 4 4W 4 1 I am voting NO on this motion to adopt the initiative measure presented by the anti -sewer forces for the following reasons: The Council should simply file the measure and take no further action under the authority of Alexander v. Mitchell, 119 CA 2d 816, since many of the sections are contrary to State law. Absent this, the Council should refer thismeasure to a general election which is one of the alternatives avail- able to the Council and would permit a free exchange of views of the matters dealt with in this initiative. In such an election hopefully the electorate of our Town would be well informed and correctly informed, whereas at the moment many have signed the initiative based on the false promises presented by the circulators and 'a vast number of our townspeople were duped into signing the initiative measure. I feel the measure is, as to most of its provisions, contrary to State law and benefits the few at a great cost to the many. One of the main thrusts of those circulating the init- iative s that following the usual and ordinary State laws re- garding formation of assessment districts facilitates a4plot to bring high density housing into Los Altos Hills. In fact, the contrary is true. By following the usual and ordinary State rules for the formation of assessment districts, which is the position Los Altos Hills is now in, assessment districts are `0,7 formed when the majority of those benefited by the proposed assessment district approve the formation of the district. The ---formation of assessmwnt districts has no effect on zoning what- soever. The only time under the State law that an assessment -1- Ldistrict can be formed if a majority of those benefited pro- test the formation of the district, is if there is an over- whelming health hazard and the district is formed by a 4/5ths vote of the Council. No district has been formed in Los Altos Hills where there has been a majority protest by those bene- fited, except in the case of District No. 9 for sewer capacity rights in the Palo Alto water shed area. There the majority protested because they could never get sewers in a practical sense because of the existence of ,Resolution 458, nevertheless the former Council majority overrode that protest .zd n. If this initiative measure is adopted, I believe that sewer assessment districts will, in a practical sense, be impossible to form because if the measure is adopted I would expect those who support adoption of the measure to follow the procedures of the measure in any new district pro- posed. If so, and the Town suffers a health hazard which can only be cured by sewers, the assessment procedures would be so tied up in legal contest as to be totally ineffective to meet the emerge and the Town would be forced to look to other means of paying for curing the emergency. It is my understanding that if the Town joined in a pilot program for bringing high density hous- ing to the Hills, more than sufficient Federal monies would be available to the Town to pay for sewering the entire Town, so that if the Town is unable to meet its needs through the usual and ordinary assessment procedures, it may very well be forced to accept such a pilot program in order to protect the health of its citizens. Thus, the proponents of the initiative rather than providing a means for keeping high density housing out of the Hills may very well have created the very problem which could force high density housing into the Town, which I would like to avoid. -2- The proponents of the measure told those that signed the initiative that the Town has a forced sewerp policy, which is totally incorrect. No person with an existing function- ing septic tank system has ever been forced to a sewer against his will. The thought has been expressed that any member of the Council who does not buckle down under the pressure of the presentment of this initiative measure would subject themselves to a recall, even though the council member felt the petition was signed by many, based upon false representations and even though they felt it was a bad law and in the long run could cause the Town great harm. It has been suggested that under the i 44bW circumstances political expediency would dictate acceptance of the initiative. I cannot accept those propositions and refuse to violate my oath to uphold the laws of the State and my promises i to exercise my abilities and judgment for the benefit of this Town. Adoption of this measure furthermore is a betrayal of all of the people in SAD9. SAD9 was recently upheld by the Court and I feel the primary reason that it was upheld is that the old sewer policy, Resolution 458, was rescinded by this Council. Because Mrs. Miller, Mrs. Davey and I rescinded that policy, the Court considered the formation of District 9 with- out regard to that policv because the issue was then moot. Had 458 still been on the books, I feel confident that District 49 would have been overturned because the people of District «9 would then have been required to pay for sewer capacity rights without any practical hope of ever exercising those rights. To now reinstitute that policy in the form of this initiative measure after the Court has upheld SAD9 is to have denied the i people , "_strict 89 the right to contest the formation of this I-3- %v district under what would have be -en the applicable law as to forming sewer districts. I fail to understand how anyone who voted for recission of 458 could then move for the adc,.tion of this initiative measure. I am therefore casting a NO vote on the adoption of this measure. SUBMITTED BY COUNCILMAN LEE J. KUBBY AT CITY COUNCIL MEETING OF 11/6/72. 40 G Its not easy and in fact its a very lonely position to be the so called pivitol vote on a Council. In my case Ihave been castigated and called dishonest by members of one side and threatened and harassed by members of the other side. if I may I would like to go back to the night I voted to rescind Res. 458. If you recall in a prepared statement I said to you that my over-riding concern in voting to res- . cind.458 was to make it moot in an effort to negate the lawsuit against the town. I felt that the town would face an insurmountal financial crisis if we didnot win the suit. So contrary to a Councilman's state- ment that thecourt decision was a blow to a majority on the Council is simply not true. Exactly what I had hoped would happen did happen and we are now able to honor our committment to P.A. I also said that in my laymen opinion 458 was illegal and as a policy should be res- cinded. Apparently, those sponsoring the new ord. thought so too, be cause an effort has been made to keep it a more legal document. Now the point that seems to escape everyone is that none of us know whether this proposed ord. is legal or not. As a laymen speak- ing I do question Section 3 paragraph A. I think it is possible for a court to find that section illegal but severable from the rest of the Ord. and that the rest of the Ord. would then be legal. However, theta only a guestimate on my part, I am not a judge and I wouldn't attempt to second guess the courts. Therefore, It seems to me that it would be more honorable as a Councilman to adopt the Ord. now sc that it would be open to a challenge tomarrow if that is necessary, rather than going to a Bpecial election which is costly and only serves to keep the town in a state of constant turmoil, for what... the same thing will happen you will go to the polls and vote it in. But that's not really what is at issue with this--iniative. What is at issue as I see it is that nearly -!j&A of the electorate have Bent a me age to this Council. True there have been fraudulent chargee made by some of the petioners and others have used this as a vehicle to undermine the Council majority, but taking all of that aside there still is a message. In part its conceivable that its a form of a tax payer rebellion, not un -common in today's society. However, the message I read can be stated very clearly and that message is "Hear me, listen to me, and acknowledge my viewpoint" I spent too many years out there frustrated because I couldn't be heard, I don't intend to reverse the roll . Tonight I must vote not on my interpretation, or otherSinter- pretations, but I must vote for what I believe is best for this town. I don't know if you are right or wrong, no one does, so until we find out, if ever we do I am willing to give you the benefit of the doubt. SUBMITTED BY COUNCILMAN DIANA S. MILLER AT THE NOV. 6, 1972 COUNCIL MEETING. 4 November 6, 1972 The Council is well pinnsnd with the Bnxtor-McDonnld report. The firm has met its contractual obligations with excellent work and incisive, on -the -spot analysis of the Town's operations. The recommendations of the report offer the Council An opportunity to mnko significant improvements in the man- ngement of Town affairs which will save us money and bring, about more efficient administration of services to the residents. TheCouncil intends to move rapidly Ahead in implementing, the recommendations of the report, and asks for a special Council meeting to begin this process of implementation and to consider entering into Phase II with the Baxter -McDonald firm. Mnry Davey, Deputy Mayor Lno Kubby Diana Miller November 6, 1972 no process of initiative is a precious right within the democratic system. I deeply respect the right of citizens to employ this process when they believe their elected officials have failed them. In the case of the initiative before rhe Council tonight, I respect the citizens who have usorl the systom, but I disegreo with them over the legality of the initiative's content. It rivns the pnople the false impression that somehow the City Councillof which I am a part, can give itself more choice than state law provides in decirling who is banofitted, and by how much, in an assessment district. I ennnot vote for an ordinance that I believe the Courts 4 i,ill find illegal and invald. Out of conscience, therefore, I vote4no" for adoption. Submitted by Mary C. Davey, Deputy Mayor at Council Meeting of 11/6/72 \7