By Lauren McSherry

Just after the purchase of the Winbigler property by Pinewood School was made public, Joan Jensen, a Los Altos Hills resident, made a request during the public hearings at the July 1 city council meeting. She asked that before Pinewood’s construction plans are presented to the planning commission, councilmembers confirm that the commissioners are unbiased and have not profited financially from the property.

Jensen referred to the $75,000 private sale last March of four sewer connection rights by Bill Kerns, vice chairman of the planning commission, to Gordon Campbell and Maria Ligeti, former owners of the Winbigler property.

Kerns said when the plans come before the planning commission, he will consult the city attorney as to whether a conflict of interest exists. If the attorney concludes that a conflict of interest does exist, Kerns will recuse himself from voting on the issue.

Kerns said at the time he sold the sewer rights he had no idea Pinewood would purchase the property.

“At the time I thought they would be subdividing the property,” he said. “I don’t see how any planning commissioner could profit from Pinewood School.”

Kerns was one of several Los Altos Hills residents with excess sewer rights named on a public listing made available by the city. The information was created in response to a request by members of the public who wanted to purchase additional sewer connections, and was developed through city council action, said City Engineer David Ross.

“The idea that any planning commissioner would have a financial interest in Pinewood School is so remote …,” said Eric Clow, chairman of the planning commission. He added that since the transfer of rights is a completed sale, Kerns wouldn’t have any conflict of interest in what Pinewood School plans for the site; but that if a conflict of interest arose, certainly the commissioner would not participate in the vote.

Jim Porter, city engineer for Los Altos, which shares sewer services with Los Altos Hills, said residents are selling sewer rights to people who need them because the town has reached the capacity of its agreement with other municipalities. Bartering sewer rights may be short-term because the cities are in the process of reaching a new agreement, he said.

The prices for sewer connections in private sales have escalated over the last couple of years because no more contractual capacity is allowed.

Los Altos may not have enough space in its sewer mains to carry additional water from Los Altos Hills, Ross said. The city has started the process to develop a plan for improvements to provide sewer capacity to everyone, he said.