HomeMy WebLinkAbout02/01/1989 CITY COUNCIL
TOWN OF LOS ALTOS HILLS
26379 Fremont Road
Los Altos Hills , California
MINUTES OF A REGULAR MEETING
Wednesday, February 1 , 1989
cc: Reel 199 , Tr. I , Side II , 472-end, Tr. II , Side I , 001-079
Mayor Johnson called the Regular Meeting of the City Council to order
at 7: 15 p.m. in the Council Chambers at Town Hall .
A. ROLL CALL AND PLEDGE OF ALLEGIANCE:
Present : Mayor Johnson and Councilmembers Casey and Tryon
Absent : Councilmembers Siegel and van Tamelen
Staff : Acting City Manager Bill Ekern, City Attorney Frank
Gillio and City Clerk Pat Dowd
Planning
Comm: Marc Kaufman
Press : Don Brignolo, San Jose Mercury; Mary Fortney, Peninsula
Times Tribune
B. REPORT FROM THE PLANNING COMMISSION:
Commissioner Kaufman reported that the following items were discussed
at the 1/25/89 Planning Commission Meeting: 1) Lands of Eshner, TM #8-
88 - recommended approval ; 2) Lands of Lehr, Var #29-88 - approved; 3)
Lands of Vayntrub , Var #33-87 - approved; 4) Lands of Chan, Var #30-88
- continued and 5) road right-of-way report - agendized for 2/8/89
meeting for formal review.
C. CONSENT CALENDAR:
Item Removed: B.1 (Tryon)
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Casey and
passed unanimously by all members present to approve the balance of
the Consent Calendar , specifically:
•
2 . Approval of Warrants : $89 ,151 .30
`,. 3 . Monthly Financial Report : Informational Item
C. CONSENT CALENDAR: (continued) :
4. Resolutions for Adoption:
a) Resolution #17-89 approving and authorizing execution of
private road maintenance agreement between the Town of Los
Altos Hills and Jack F. Elmberg and Carol A. Elmberg and
ordering recordation thereof
b) Resolution #18-89 approving final parcel map and approving
and authorizing execution of parcel agreement for Lands of
Elmberg
5. Actions of the Planning Commission: approved the following:
a) LANDS OF VAYNTRUB, FILE VAR #33-87 , 27067 Horseshoe Lane,
request for variance, conditional development permit and
site development permit modifications
b) LANDS OF LEHR, FILE VAR #29-88 , 12407 Hilltop Drive ,
request for variance in setback for bay window addition
6 . LANDS OF BELLUCCI , 26220 Moody Road, request for a sixty day exten-
sion of permit for the temporary storage of a house on Lands of
Bellucci
`r Item Removed:
1. Approval of Minutes : January 18 , 1989
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Casey and
passed unanimously by all members present to approve the minutes of
the January 18 , 1989 Council meeting with the following corrections :
page 5 , last paragraph, line five - ' quarry' should be changed to
' right-of-way' and the following sentence should be added : ' Tryon
noted that sub-committee meetings were not open to the public. '
The Acting City Manager noted that a request had been received from
Barrie Freeman and Kathy Kelly, members of the Pathways, Recreation
and Parks Committee, to attend the Sixth Annual Trail Conference in
Pacific Grove. The cost for each person attending was $120 and the
deadline for reservations was 2/8/89 . If Council wished, they could
add this as an urgency item to the agenda.
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Casey and
passed unanimously by all members present to add as an urgency item
the request to attend the California Recreational Trails Committee
Sixth Annual Trail Conference.
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C. CONSENT CALENDAR: (continued) :
IOW
Dot Schreiner, Chairman - Pathways , Recreation and Park Committee,
stated that the Town had authorized participation in the event in
earlier years and it was quite beneficial to the Town. She noted that
this year ' s conference was going to focus ona variety of financing
programs available for trails and liability insurance issues .
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson and
passed unanimously by all members present to authorize payment of the
reservation fee ($240) for Barrie Freeman and Kathy Kelly to attend
the Sixth Annual Trail Conference.
Tryon asked that any handouts, materials , etc . from the conference be
directed to the Council .
D. PRESENTATIONS FROM THE FLOOR:
Mrs . Elaine Dauber, 27930 Roble Alto, reported that the Citizens for
Reasonable Development had filed a petition with the Town on January
18th and it was now at the Registrar of Voters Office for verification
of signatures .
Mr . David Roos , 13590 Hillway, submitted a letter dated 2/1/89 which
addressed his concerns about recycling. He stated that he strongly
CIS believed that the Town should start such a program. Recycling was an
important issue and one that could he handled economically and neatly.
Mr. Roos also submitted for Council ' s information the annual summary
report from the Palo Alto Materials Recovery Program. Tryon noted that
the Council had sent a card to each resident concerning recycling in
the Town and inquiring whether the residents would be willing to pay
an extra charge to have recycling in the Town. The response was
negative . She commented that this was an important issue but it was
going to take more education of the residents. Mr. Roos said he would
be interested in helping to provide education regarding recycling.
The Acting City Manager reported that recycling had been discussed
with the Los Altos Garbage Company. It could provide curbside
recycling but it would indeed be true curbside. It was unknown at this
time what costs would be involved if it were a modified recycling
program. Another possibility would be drop off centers which they have
in Portola Valley. He noted that more information on recycling would
be available in the near future .
E. PUBLIC HEARINGS:
1. LANDS OF WARNER, FILE TM #5-87, 12335 Stonebrook Drive, request for
approval of tentative map and negative declaration - Resolution
approving tentative map
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E. PUBLIC HEARINGS: (continued) :
The Acting City Manager explained the recommendation that this
application be denied without prejudice. The Warners had recently sold
the property and were not intending to proceed with the proposed
subdivision.
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Casey and
passed unanimously by all members present to deny Lands of Warner,
File TM #5-87 , 12335 Stonebrook Drive , without prejudice .
2. LANDS OF MACHALE, FILE TM #5-88 , 12350 Stonebrook Drive , request
for approval of tentative map and negative declaration - Resolution
approving tentative map
The Acting City Manager referred to his staff report dated 1/23/89
which included the recommendation that the negative declaration and
tentative map, as conditioned, be approved for this two-lot
subdivision.
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Casey and
passed unanimously by all members present to approve the negative
declaration for Lands of MacHale , File TM #5-88 .
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Casey and
passed unanimously by all members present to adopt Resolution #19-89
approving the tentative subdivision map for Lands of Machale with
conditions as stated in Exhibit 'A' to the Resolution.
3 . Resolution # approving issuance of conditional certificate of
compliance to the estate of Irma C. Goldsmith and authorizing
execution thereof , and ordering recordation thereof
Mr. Dan Alexander , Executor for the estate of Irma Goldsmith, stated
that he was in concurrence with the Acting City Manager ' s report dated
1/26/ 89 on this subject. Mr. Alexander explained that Mrs. Goldsmith
had subdivided her property prior to the incorporation of the Town but
because she continued to pay the taxes on the property she had never
gotten a second tax number. It was now necessary to get a certificate
of compliance in order to get such a tax number.
Mr. Chris Verma, 27300 Elena, stated that he was the next door
neighbor and was concerned about the division of the lot. At this time
there was not a problem. However, he was concerned about future
development on the Goldsmith property which could include up to three
houses and could have quite a visual impact on his property. The Mayor
advised Mr . Verma that the subdivision of the property was not the
issue before Council at this time. The property had a legal
subdivision but at such time as it was developed the neighbors would
be notified of any proposed plans for the lots .
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E. PUBLIC HEARINGS : (continued) :
Ms . Donna Marya , 13100 Delson Court , stated that she had not received
notification of a project affecting her property and she wanted to
receive notifications in the future .
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Casey and
passed unanimously by all members present to adopt Resolution #20-89
approving issuance of conditional certificate of compliance to the
estate of Irma C. Goldsmith and authorizing execution thereof , and
ordering recordation thereof
4 . LANDS OF SNEDIGAR, 12291 Concepcion Road, appeal of site develop-
ment conditions approved by the Planning Commission
At the request of the applicant, this item was continued to later in
the agenda.
5 . Resolution # ordering the tentative approval of the cancella-
tion of a contract under the Williamson Act (Lands of McCulloch -
APN 336-22-010)
Resolution # ordering the tentative approval of the cancella-
tion of a contract under the Williamson Act (Lands of McCulloch -
APN 336-25-005)
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Casey and
passed unanimously by all members present to adopt Resolution #21-89
ordering the tentative approval of the cancellation of a contract
under the Williamson Act (Lands of McCulloch - APN 336-22-010) and
Resolution #22-89 ordering the tentative approval of the cancellation
of a contract under the Williamson Act (Lands of McCulloch - APN 336-
25-005) based on findings as stated in Government Code Section 51282 .
F. OLD BUSINESS:
1. Land Use Voting Policy
Casey stated that a land use voting policy was first recommended at a
Joint Meeting of the Council and Planning Commission on 1/ 13/87. At
that meeting it was suggested that a Councilmember or Commissioner
could not vote on a property that was within 300 ' of their own. This
issue was discussed at the 2/4/87 and 3/4/87 Council Meetings . At the
3/4/87 Council meeting, Commissioner Emling made the following
statement: 1) He felt this policy would result in exclusionary
lawmaking and violated his civil rights; 2) He noted the key word was
' interest ' ; and 3) Conflicting views do not result in conflict of
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F. OLD BUSINESS : (continued) :
interest . At the 3/18/87 Council Meeting a resolution establishing a
policy concerning voting on land use matters was adopted.
Specifically, this policy stated: ' No member of a Commission or
Committee or of the City Council of the Town of Los Altos Hills shall
vote on any application concerning or dealing with the use of land, or
any portion or aspect thereof , which is before a Commission or
Committee or the City Council itself if the member owns or leases real
property within three hundred feet of the property which is the
subject of the application, in order to avoid the appearance of any
potential conflict of interest. '
Casey stated that Commissioner Emling had consistently voted on the
Lands of Bellucci and this was in direct violation of the Town' s
policy. She had just attended a League of California Cities Conference
at which the subject of conflict of interest had been addressed. Casey
commented that this was not just a violation of a Town policy but also
in violation of State Law. This was a serious issue and Casey
suggested agendizing this matter for the next Council meeting at which
time a full Council would be present .
The City Attorney stated that the members of the Commission and the
Committees served at the pleasure of the Council . He recommended that
this matter be agendized and Commissioner Emling be notified in
11111, writing that this matter would be discussed at the next meeting.
PASSED BY CONSENSUS: To agendize possible censure of Planning
Commissioner Edward Emling' s alleged violation of the Town' s Land Use
Voting Policy for the next meeting and to notify Commissioner Emling
in writing that this matter will be on the agenda. In addition an item
addressing procedures and policies for Councilmembers and
Commissioners will be agendized for the next meeting.
2 . PUBLIC HEARING: LANDS OF SNEDIGAR, 12291 Concepcion Road, appeal of
site development conditions approved by the Planning Commission:
Council had before them the 1/23/89 Acting City Manager' s staff report
which included the recommendation that the Council uphold the site
development conditions approved by the Planning Commission and deny
the appeal .
Gordon Snedigar, applicant , stated that he was appealing the following
conditions of approval of the Site Development Permit : #3 The circular
driveway is to be redesigned such that there are not two entrances
onto the street . ; #10 The finished floor elevation of that portion of
the proposed residence parallel to Purissima Road shall be lowered to
elevation 371 .5 . and #11 A Type IIB pathway shall be constructed
within road right-of-way on Purissima and Concepcion Roads. Mr.
Snedigar also submitted to Council a letter dated 2/1/89 from Nowack
Nor and Associates which included the statement that the present design
was well within the Town ' s accepted design standards .
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F. OLD BUSINESS: (continued) :
Mr . Snedigar , applicant , presented transparencies of his proposed
project and explained his appeal of condition #10 regarding the
elevation of this house. He pointed out why he believed the siting of
the house as he proposed was the most suitable for the lot and
explained the adverse impact of the condition lowering the elevation
on Purissima Road to 371. 5 . His design met all of the Town' s
ordinances and resulted in the least visual impact of the project. The
resulting one story house was less obtrusive and better placed on the
lot. Regarding Condition #3 , Mr . Snedigar believed a circular driveway
was important for safety reasons and not , as stated in the 1/23/89
staff report, a function of the orientation of the house. In response
to the condition requiring a Type IIB path on Purissima and
Concepcion, Mr. Snedigar stated they had no objection to the path on
Concepcion but did not think it should be constructed at this time as
the path did not connect all the way through. Mr. Snedigar offered to
pay a path-in-lieu fee until such time as the path was connected.
Dot Schreiner, Chairman - Pathways , Recreation and Parks Committee,
stated that both Concepcion and Purissima were major roads and it was
important for the Town to get the paths as the projects were approved.
She also recommended that five to ten feet on sides of public roads be
kept clear of landscaping and plantings . If a development were already
in place, no additional landscaping or plantings would be allowed in
this area.
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Marc Kaufman , Planning Commissioner , commented that it did not make
much sense to accept a path-in-lieu fee when the future costs of
putting in such a path were unknown. He also noted that the Commission
was not saying that the house should be changed but that it should be
stepped down. Concerning the matter of a circular driveway, he noted
that in general the Town did not support circular driveways.
JoAnn Cianello, Grubb and Ellis , stated that she was representing Mr.
Snedigar and her client. She explained that the proposed house was
within the Town' s ordinances , had no adverse visual impact and would
be well landscaped. She also noted that the lot had been there since
1950 .
Mr. Bob Stutz , member - Pathways , Recreation and Parks Committee,
noted his concerns about path-in-lieu fees . He stated that in the past
when these fees had been required, they had been included in the
General Fund monies and had not been specifically used for pathways.
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Casey and
passed unanimously by all members present to grant appeal of condition
#10 requiring that the finished floor elevation of that portion of the
proposed residence parallel to Purissima Road be lowered to elevation
371 .5 .
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F. OLD BUSINESS : (continued) :
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Casey and
passed unanimously by all members present to deny the appeal of
condition #11 stating that a type IIB pathway shall be constructed
within road right-of-way on Purissima and Concepcion Roads and to
request the Pathways , Recreation and Parks Committee to review and
comment on details of constuction of path.
MOTION FAILED DUE TO LACK OF A SECOND: Moved by Tryon to deny appeal
of condition #3 requiring the redesign of a circular driveway so there
would not be two entrances onto the street.
Tryon strongly supported the denial of the appeal of condition #3 . She
stated that historically circular driveways had not been approved in
the Town.
MOTION FAILED DUE TO LACK OF A SECOND: Moved by Casey to grant appeal
of condition #3 requiring the redesign of a circular driveway so
there would not be two entrances on the street.
Casey stated that she had been to the property and was not in
agreement with the condition requiring the redesign of the circular
driveway.
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson and
passed by the following roll call vote to deny the appeal of condition
#3 requiring the redesign of a circular driveway so there would not be
two entrances onto the street .
AYES : Mayor Johnson and Councilmember Tryon
NOES: Mayor Pro Tem Casey
ABSENT: Councilmembers Siegel and van Tamelen
Gordon Snedigar inquired about his request for five feet of fill and
it was noted that this matter could be handled at the staff level .
G. NEW BUSINESS:
H. OTHER BUSINESS:
1. Reports from Standing Committees :
2 . Reports from Ad Hoc Committees:
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111.”- I . STAFF REPORTS:
1. City Manager :
2. City Attorney:
3 . City Clerk: Report on Council Correspondence dated 1/26/89
4 . Council Business :
a) Casey: Public Comments
Casey suggested that a Joint Meeting be scheduled with the Planning
Commission to discuss the following issues : conflict of interest,
Brown Act and Code of Ethics . She further suggested that Chairmen of
the Standing Committees be invited and also any interested members of
their committees .
PASSED BY CONSENSUS: To agendize for the next Council meeting an item
setting the time for a joint meeting with the Planning Commission.
Planning Commissioner Carico referred to the 1/16/89 letter from
Assemblyman John Vasconcellos concerning conditional use
permits/senior citizen condominium complexes and zoning issues and
asked that this also be discussed at the Joint Meeting.
J. ADJOURNMENT:
There being no further new or old business to discuss , the City
Council adjourned at 9 : 25 p.m.
Respectfully submitted,
Patricia Dowd, City Clerk
tior
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