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HomeMy WebLinkAbout11/20/1972CITY COUNCIL TOWN OF IAS ALTOS HILLS MINUTES OF A REGULAR MEETING November 20, 1972 REEL 49 Side 1 Track 1 1105 -End Side 2 Track 1 00-Ead Side 1 Track 2 00-091 Mayor Leslie Helgesson called the R:gular Meeting of the City Council of the Town of Los Altos Hills to order at 8:50 P.M. in the Council Chambers of the Town Hall, 26379 Fremont Road, Loa Altos Hills, California with the following members answering roll call: Present: Councilman Davey, Kubby, Miller and Mayor Helgesson, Councilman Grabowski arrived at 10:00 P,M. PLANNING COMMISSION REPRESENTATIVE: Commissioner Parkins APPROVAL OF MINUTES: November 6, 1972 NOTION, SECONDED Al® CARRIED: Councilman Davey moved, seconded by Miller and carried unanimously that the minutes of November 6, 1972 be approved with the following corrections: Page 4, Scheduled Item No, 3, First Paragraph, Line 12 should read: felt pole houses were not environmentally pleas -0g . Page 7, Scheduled Item No, 7, Second Paragraph, Line 2 should read: Councilman Kubby's statements . Page 7, Scheduled Item No, 7, Second Paragraph, Line 5 should read: large land holder can gerrymander . Page 8, Scheduled Item No, 81 Third Paragraph, Line 3 should read: anyone except him or those . COMMUNICATIONS: 1. Letter,dated November 9, 1972,from the Metropolitan Transportation Commission extended invitation to the public to attend a Regional Transportation Symposium to be held in San Francisco on Saturday, December 2, 1972 from 9:30 A,M. to 4:00 P.M. Council requested Staff to post this invitation. 2. Notice of invitation was received to attend the ICC Meeting, Thursday, December 7, 1972 at Moffett Field. Staff needs reservations before Nov. 24, 1972. 3. A notice was received from the Resources Agency of California advising the Town that ,since the Town was late in submitting their Open Space Plan for this fiscal year,the Town will not be eligible to receive any Open Space subver_tions. ANNOUNCEMENTS: 1, Councilman Kubby announced that he would have to leave the meeting at 10:00 P.M. and requested that any matters requiring action be placed on the agenda to come befrre Council at this time, if possible. ANNOUNCEMENTS (Cont.) {,.. 2. Ted J. Kluzek, City Clerk, requested the rec rd to show the following statement: 7' "I'm rising to request clarification. Aj you know,I have submitted my resignation,effective November 30,as requested. It was then, and has been my intent to continue to perform my normal functions - in spite of the circumstances. However, last night,I received a call from the City Manager,relaying a message from a Council member that it was the Council's wish that I not be in attendance tonight. I would like the record to so show and ask confirmation to preclude any misunderstanding relative to receiving my salary up to the date designated in my resignation." Mayor Helgesson stated he was unaware of this directive and asked the City Manager who had called him with this request. The City Manager stated it was Councilman Miller. In response to Mayor Helgesson's statement that "no individual Council member has the right to tell the Manager", Councilman Miller stated that "she was not speaking as an individual Council member". MOTION, SECONDED AND CARRIED: Councilman Kubby moved, seconded by Davey that the Mayor's decision to discuss why Mr. Kluzek is not on the job this evening be not sustained passed by the following roll call vote: Ayes: Councilman Davey, Kubby and Miller. Noes: Mayor Helgesson. Absent: Councilman Grabowski. SCHEDULED ITEM NO. 1: PRESENTATION, DISCUSSION APED ACTION ON THE SANTA CLARA COUNTY JOINT CITIES/COUNTY HOUSING ELEMENT The planning Commission, at their November 13th meeting, approved a report from a subcommittee composed of Commissioners Mueller, Iachenbruch and Perkins which they have recommended to the City Council urging the adoption of this report and requesting that it be sent to the Santa Clara County Planning policy Committee and all other interested agencies. Staff introduced Ms. Sally Mank and Mr. Bruce Freeland of the Santa Clara County Planning Staff, Ms. Mank presented elides and running commentary on the County's efforts toward joint cities/county housing element. Mr. Bruce Freeland gave a presentation on the latest information regarding this study, then the meeting was opened to the public for questions. Speaking from the floor: 1. Mr. Gets congratulated the County Staff for their excellent presentation and then asked who funded this and physically condu ted this study. 2. Mrs. Schick asked why was this study presented to the Town when the Town was still in favor of one -house one -acre. 3. Mrs. Muncie referred to a chart that was shown,and asked a question regarding amount of units. 4. Mr. W. Downey asked the number of building permits,issued in 1970-71,in Los Altos Hills. The answer was 70. Councilman Davey asked the number of building permits issued this calendar year. The answer was 60. 5. Mrs. Carico asked what type of report the County was expecting back from the cities. 6. Mr. A.M. Laws disagreed with the equal -weighted factors. General discussion ensued with questions from Councilman Kubby relating to the weighted factors iced, the suitability of land, cost of land and zorii,3. Councilman Miller asked how long has this committee been in session,and stated she was concerned -2- SCHEDULED ITEM NO. 1 (Cont.) re the revenue the cities can generate --very little revenue that Los Altos Hills could generate and she stated her interest in the Urban Service Area Concept. Councilman Lavey wondered„from the census tract of 1970, if anyone in Los Altos Hills could qualify for subsidized or low-cost housing. She was also interested in the factor eliminated by the committee --job availability in the community. Mayor Helgesson stated that the Planning Commission had been studying this project for some time and,as there were no further questions,he would like to turn the presentation over to Commissioner Parkins. Commissioner Parkins referred to the written document,submitted to the Council,and gave a summation of the Commission's recommendations to the City Council. After Commissioner Perkihb presentation, Mr. Rreeland responded with arguments on behalf of the County. Councilman Davey asked to continue this item to give the Coundil further time to study the Commission's recommendations. MOTION, SECONDED AND CARRIED: Councilman Kubby moved, seconded by Davey to adopt and forward the recommendations to the Santa Clara County Planning Policy Committee and all other interested agencies;carrled by unanimous roll call vote. RECESS: 10:15 P.M. Councilman Kubby excused himself at this time. RECONVENE: 10:25 P.M. SCHEDULED ITEM NO. 2: BUILDING SITE APPROVAL FOR ONE LOT ON ROBLEDA ROAD AT FURISSIMA ROAD (BSA -91-72) APPLICANT: MAX A. BLEISCH Staff reviewed the request for Building Site Approval stating that the Planning Commission, at their November 13 meeting, recommended that this building site approval be granted, subject to the conditions of the Check List,and determined that the environmental impact in granting this building site approval is trivial. MOTION, SECONDED AND CARRIED: Councilman Lavey moved, seconded by Grabowski and carried unanimously to approve Building Site Approval for Max A. Bleisch (BSA -91-72) for one lot on Robleda Road at Purissima Road in accordance with the Check List, dated November 13, 1972,and that the Erironmental Impact is trivial. SCHEDULED ITEM NO. 3: BUILDING SITE APPROVAL FOR ONE LOT (LOT NO. 2, TRACT N0. 4774) ON EDGERTON ROAD (HSA -92-72) APPLICANT: HOWARD S. BOBB Staff reviewed the request for buil&_r; site approval, stating that the Planning Commission, at their November 13 meeting, recommended that this building site approval be granted, subject to the conditions of the Check List and determined that the environmental impact in granting this building site approval is trivial. MOTION, SECONDED AND CARRIED: Councilman Davey moved, seconded by Miller and carried unanimously to approve Building Site Approval for Howard S. Robb (SSA -92-72) for one lot (Lot No. 2, Tract No. 4774) on Edgerton Road in accordance with the `,.. Check List,dated November 13, 1972,and that the Environmental Impact is trivial. -3- UNSCHEDULED ITEM NO. 1: REPORT FROM THE PATHWAY COMMITTEE At the November 6th Council meeting,a letter was distributed from the Pathway Committee, signed by Robert E. Stutz, Chairman. At the request of Council, Staff read this letter. Council concurred that this was the only action needed at this time. UNSCHEDULED ITEM NO. 2: REQUEST FOR TOWN TO PROVIDE "AFTER SCHOOL" RECREATION Staff reviewed a request,received by nine homeowners in the Los Altos _..--1 District of Los Altos Hills and endorsed by the Purissima Elementary School Principal and Faculty, asking that the Town provide up to $800 to cover the costs of an "After - School" recreation program from December 4 through May 30. There is no after- school recreation program at the Purissima School since this year as the Los Altos School District withdrew "After -School" recreation funds. The Los Altos Recreation Department would be willing to conduct a program for the Town at Purisslma School,if the Town so desires. Speaking in favor of this "After School" recreation program were: Mrs. Fred Hoeke, Mr. Alan Simmons and Mr. A.M. Laws. MOTION, 3ECONDED AND CARRIED: Councilman Grabowski moved, seconded by Miller and carried by unanimcus roll call vote to appropriate $800 to cover the costs of an "After -School" Recreation Program from December 4 through May 30, UNSCHEDULED ITEM NO. 3: DETERMINE EflVIROMOMAL IMPACT OF APPLICATIONS AND PERMITS Staff reviewed and requested approval of a list of all applications received at Town Hall since November 6, 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 11, 1972, submitted to the Town Hall and that the Environmental Impact of these applications/ permits is trivial. UNSCREDULED ITEM No. 4: CONSIDER AMENDMENTS TO OUR "FIREARMS" REGULATIONS It was requested that the Town amend their firearm ordinance to improve the safety of the residents of the Hills from stray projectiles. Councilman Miller and Councilman Grabowski were asked to follow up and bring in recommendations as soon as information arrived from the National Riflemen's Association, However, Councilman Grabowski is still awaiting the specifications from the NrO_ Staff read two letters (from Betty Adams and from Betty Phipps) in which they both requested the Town to consider the feasibility of making Los Altos Rills a wildlife refuge. Council concurred to defer this item until the December 6, 1972 Council meeting. UNSCHEDULED ITEM NO. 5: ACTION ON REORGANIZATION OF TOWN COMMITTEES" Council concurred to defer this item until the next Council meeting, December 6, 1972. -4- n U UNSCHEDULED ITEM No. 6: PROCEDURE TO BE FOLIAWr1 IN SETTIIQG UP AGENDAS AND ITEMS FOR THE AGENDA Council concurred to defer this item until the next Council meeting, December 6, 1972. UNSCHEDULED ITEM NO. 7: REQUEST FROM SANTA CLARA COUNTY FOR RECOMMENDATION ON FUNDS FOR "911" Staff reviewed a memorandum from Howard W. Campen asking for comments on the County- wide "911" emergency system whereby the County would finance the installation, maintenance and operation of a "911" centralized system at no direct cost to the cities. They propose to fund this system using Revenue Sharing Funds. General discussion ensued. Councilman Grabowski asked if this system is in operation in other cities in California and,if so, is it an answering service or a dispatch. Staff was instructed to write a letter to the County,inquiring If this "911" emergency system was strictly an answering service or a dispatch. UNSCHEDULED ITEM NO. 8: STAFF RESORTS. 1. Staff requested authorization to hire bookkeeping and financial help from the Town's auditors, C. Uhlenberg,until a more permanent solution could be found. Councilman Grabowski asked how many hours would be needed to provide this help. Staff anticipated $500 would get the Town going and Staff could then report at the next Council meeting. MOTION, SECONDED AMID CARRIED: Councilman Grabowski moved, seconded by Davey and carried by unanimous roll call vote (Countilman Kubby absent) to authorize the hiriig of C. Uhlenberg, Auditors, for a maximum of $500 to provide bcokkeeping and financial help to the Town until the next Council meeting, December 6, 1972. Speaking from the floor, Mrs. Schick stated she thought the Baxter, McDonald report was going to save the Town money and now the Town was spending money for bookkeeping -- where was the savings? 2. The City Manager stated that the Council had received his resignation as City Manager and felt the Council should take action on this item. MOTION, SECONDED AND FAILED: Councilman with regret, the resignation of the City by the following roll call vote: Ayes: Councilman Grabowski and Mayor Helgesson. Davey moved, seconded by Miller to accept, Manager.effective December 31, 1972 FAILED Councilman Davey and Miller. Noes: Absent: Councilman Kubby. Mrs. Irma Goldsmith felt this action was disgraceful,stating that Mr. Frltschle was the finest person that anyone would want to know that has served the Town; she than asked why had the Council let Mr. Kluzek go and now asking for someone to work on a temporary basis. She didn't believe this had been put to a vote Iefore the Town and further registered her disappointment end disapproval. -5- HiESERTATIOHS FROM THE FLOOR: ` 1. Dr. Grossman asked the reasons for firing the City Manager and City Clerk,stating that the report was very general and wanted to know specifics --point by point. 2 Mr.,A.M. laws stated he wanted to point out to the majority Council ,who deleted the City Manager and City Clerk poaitione,that it harmed the Town in further dealings and didn't believe employees should be subjected to this method of treatment from a new Council after each election. 3. Mr. Wm. Downey stated that the general impression is that the Council majority, as a group of people,appeared to be dealing "from the bottom of the deck" in regard to their relationship with Town employees and the residents. He further stated the firing of the City Clerk and City Manager had been gagged by the Council majority and felt that the Baxter, McDonald report was employed as an excuse to fire Mr. Kluzek and the restriction of Mr. Kluzek at tonight's meeting raised a question as to a violation of the Brown Act. 4. Dr. Grossman stated he had asked the Council for &sewers to his questions; how- ever , the Council didn't come forth with any answers. 5. Mrs. Carico stated it was time the majority Council realized that they were elected by the people. 6. Mrs. Goldsmith stated that if the Council could r, -t answer accusations, then the firings could not be justified,and suggested the reinstatement of these two men with the Council's apologies. Councilman Miller requested the City Attorney to define "Personnel Session" and the limitations. The City Attorney stated the provisions of a Personnel Session. Council man Miller then referred back to the City Manager's recommendation of last meeting to have a closed personnel session. Councilman Davey asked if it was the City Manager's decision to have a public hearing. The City Manager stated he did not intend to request a public hearing. Councilman Davey then asked Ted Kluzek if it was his decision to have a public hearing. Mr. Kluzek replied he tended to agree with the City Manager; however, felt public hearing on the part of the tax payers is in order in lieu of fees paid to the auditor; he had stated earlier he •ras contem- plating a reasonable transition on the change in position but,since this wan not the Council's desire,the taxpayers had a right to be heard. 7. Mr. Donald Spencer stated he hoped the Council could live with their conscience, and was not in favor of the firing of the two employees. 8. Mr. A.M. laws asked the penalities,if a Councilman discussed the proceedings of a Personnel Session. 9. Mr. Wm. Downey asked if the Executive Session was held by a quorum of the Council. Mrs. Davey stated she resented the implication of this question and that it inferred that the Council did something wrong,which they had not done. 10. Mr. R. C. Cheney agreed with Mr. Downey's statement and position. .11. Mr. Wm. Ross Aiken stated he felt lots of people mistrusted this Council and their elation and felt people had a right to speak and hear,so as to know what was really behind this firing action. He stated the Council was hiding something and this should be brought out to the light and aired. !RE PRESENTATIONS FROM THE FLOOR (Cont.) 12. Mrs. M. Cello stated that Mr. Hall was planning to give a seven -week course on gun safety and markmanship,and asked Council's approval to we the Town Hall's premises for this course. Council concurred. 13. Mr. A.M. Laws commended Councilman Miller's participation in the Sphere of Influence study,and felt she should be able to speak on behalf of the Council instead Of as a citizen. Council concurred. RESOLUTIONS: None. ORDINANCES: None. WARRANTS: MOTION, SECONDED AND CARRIED: Councilman Davey moved, seconded by Grabowski and carried by unanimous roll call vote (Councilman Kubby absent) that the warrants as presented in the amount of EIGHT THOUSAND, EIGHT HUNDRED SEVENTY-THREE DOLLARS AND FIFTY-NINE CENTS ($8,873.59) be approved and the City Clerk authorized to draw the appropriate warrants. OTHER BUSINESS BY COUNCILMEN: 1. Mayor Helgesa'jn asked for volunteers from the Council to serve on the League of California Cities Social Responsibility Committee. 2. Mrs. Miller asked for the reinstatement of Florence Fava as Town Historian. MOTION, SECONDED AND CARRIED: Councilman Grabowski moved, seconded by Miller and carried by unanimous roll call vote (Councilman Kubby absent) to reinstate Mrs. Florence Fava as Town Historian and to discuss expenses at a subsequent meeting. Speaking from the floor, Mrs. Fava thanked the Council and accepted the appointment. ADJOURNMENT: Mayor Helgesson adjourned the meeting at 11:55 P.M. to: NEXT REGULAR MEETING: Wednesday, December 6, 1972 at 7:45 P.M. at Town Hall. Respectfully submitted, Judith L. Duncan Recorder Town of Los Altos Hills ja