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HomeMy WebLinkAbout03/20/1991 Minutes of a Regular Meeting March 20, 1991 Town of Los Altos Hills City Council Meeting Wednesday, March 20 , 1991, 7:15 P.M. Council Chambers, 26379 Fremont Road 1. CALL TO ORDER, ROLL CALL,AND PLEDGE OF ALLEGIANCE Mayor Pro Tern Hubbard called the Regular Meeting of the City Council to order at 7:15 p.m. in the Council Chambers at Town Hall. Present: Mayor Pro Tern Hubbard and Councilmembers Casey, Johnson, and Tryon. Absent: Mayor Siegel Staff: Acting City Manager Richard DeLong; City Attorney Sandy Sloan and Director of Public Works Bill Ekern Press: None 2. APPOINTMENTS AND PRESENTATIONS 2.1 Appointment to Community Relations Committee Roger Burnell, 27911 Black Mountain, addressed the Council noting his interest in serving on the Community Relations Committee and commented that he had the time to devote to this volunteer effort. MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson and passed unanimously by all members present to appoint Roger Burnell to the Community Relations Committee for a term of two years. 3. PLANNING COMMISSION REPORT Planning Commissioner Noel reported that two public hearings had been held at the 3/13/91 Planning Commission Meeting: 1) Amendment of conditions of approval for the Matadero Creek Subdivision to delete the reference to "prairie style" for Lots #16 and 18 - approved; and 2) request for a site development permit for a new residence for Lands of Yu, 12000 Emerald Hill Lane - approved. 4. CONSENT CALENDAR March 20, 1991 1 MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson and passed unanimously by all members present to approve the Consent Calendar, specifically: 4.1 Approved Warrants: (March 15, 1991) $40,877.48 42 Issued Proclamation: National Volunteer Recognition Week - April 21-27 National Nurses Week, May 6-12 Clean Air Week, May 6-12 Don't Drive Alone Day, May 9 National Hospital Week, May 12-18 4.3 Approved and Authorized Execution of Amendment No. 1 to the Agreement for Legal Services between the Town and Jackson, Tufts,Cole and Black — Reso. #11-91 4.4 Community Relations/Environmental Mailing - authorized the appropriation of $1,400 from unbudgeted reserves to account 2-402-411-1 "City Clerk - Advertising and Publications" for the distribution of the "Take Me Shopping" hazardous waste disposal brochure and "The Bay Begins at your Front Door" nonpoint source pollution brochure. 4.5 Appointed Richard DeLong as Acting City Clerk 5. PRESENTATIONS FROM THE FLOOR Mr. Timothy Tang, 26638 Purissima, stated that he believed certain sections of the Zoning and Site Development Ordinances were confusing and he asked for clarification of the following sections: 10-2.301(a)(5), 10-2301(b)(1), 10-1.244, 10-1310, 10-1.401, 10-1.402 and 10-1.702. These sections related in part to the upcoming public hearing on the Lands of Wheatley but Mr. Tang believed they need to be clarified for all projects not just a specific one. It was agreed that the City Attorney would prepare a report on the clarification of these sections and the issue of interpretation would be on the next Council agenda. 6. PUBLIC HEARINGS 6.1 Request for Amendment to Conditions of Approval for the Matadero Creek Subdivision to Delete the Reference to "Prairie Style" for Lots #16 and 18, Lands of Liu, 28635 Matadero Creek Lane and Lands of Green, 28550 Matadero Creek Lane -- Reso # March 20, 1991 2 Council had before them the Director of Public Works' staff report dated `, 3/20/91 which reported that the Planning Commission had voted unanimously to recommend that the City Council amend condition 7c of the conditions of approval for the Matadero Creek Subdivision to remove the requirement that the architecture be prairie style. The report also included the notation that the Town had generally resisted dictating architectural styles in the site development process. PASSED BY CONSENSUS: To amend Section 2.a) (Findings) of Resolution #12-91 to read as follows: "There are changes in circumstances which make the condition calling for "prairie style" homes no longer appropriate in that many styles of architecture are low profile." MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Tryon and passed unanimously by all members present to adopt Resolution 12-91 removing conditions of approval for the Matadero Creek Subdivision to delete the requirement of "prairie style" for Lots #16 and #18. 7. UNFINISHED BUSINESS 7.1 Report from Council Sub-Committee on Dedication of Conservation Easement on Lands of Packard and Consideration of Adoption of a Resolution Vacating the Conservation Easement on Lands of Eshner Near kir Altamont Road and Adoption of Negative Declaration Hubbard presented the following report from the subcommittee: In a telephone call from Mr. Packard to Mayor Pro Tem Hubbard, Mr. Packard clearly stated that he wanted the Council to consider the Lands of Eshner independently of any plans he may have for his lands. Consequently, the Council should not consider a possible exchange of a conservation easement on the Eshner property for one on the Packard lands. The subcommittee is very appreciative that Mr. Packard would be willing to consider a transfer of a significant portion of his beautiful apricot orchard into permanent open space at some future date. This would be a priceless gift for generations to come. Mr. Richard McGowen, attorney representing the Eshner Estate, raised several issues regarding the conservation easement. He referenced the staff report which commented on the benefit of the easement to the public, noting the visual corridor and the benefit to those in the subdivision not to the public at large. Mr. McGowen also commented on the recent action of the Public Works Department which planted thirty oak trees on Altamont which in his opinion completely obstructed the visual easement under discussion. He wondered what Council planned to do. Keep the trees? Keep the easement? Mr. McCowen also commented that Mr. Packard and March 20, 1991 3 he had had a telephone conversation in which Mr. Packard had stated that thir his letter to the Town stood as written and Mr. McGowen confirmed the Mayor Pro Tern's comments that the Eshner project should be considered separately from the Packard lands. Libby Oldberg, 27250 Julietta Lane, commented that they overlooked the Eshner property and believed if the conservation easement was removed it would have a negative impact on her view. She, therefore, supported not abandoning the easement. Mr. James Jackson, attorney representing HW Associates, commented that he was sorry Mr. Packard's proposal did not work out at this time and suggested that the conservation easement issue be included in the environmental impact report already being done on the Eshner application for subdivision. Tryon noted that the conservation easement was a condition of the Eshner subdivision and she did not believe it was in the Town's best interest to remove it. Johnson concurred with Mr. McGowen and his concerns about the oak trees planted on Altamont and he also stated that the key issue was whether or not to permit a reduction of conservation easement in the Town. Hubbard concurred with Mr. Jackson's proposal as being reasonable. MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Tryon and passed unanimously by all members present to deny the request for vacation of the conservation easement on Lands of Eshner and to request the applicant for the proposed subdivision prepare an environmental impact report which would include an analysis of the conservation easement. 7.2 Request from Mr. and Mrs. Micko that Council Schedule a Study Session on their Proposed Development Conditions Johnson noted that the new information received from Mr. and Mrs. Micko regarding their proposed development was still not in conformance with the Town's Zoning Ordinance. The proposed combination of several lots still resulted in less than one acre. He did not support holding a study session as he believed this proposal was a frontal attack on the Town's one-acre minimum zoning and also believed it would be misleading to the Mickos to schedule a hearing on their proposal. Tryon and Hubbard concurred with Johnson. Casey did not view the Mickos' proposal as a threat to the Town's zoning and believed it would be a courtesy to the Mickos to schedule a hearing particularly as they had done a lot of work on their proposal. March 20, 1991 4 MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Tryon and passed by the following roll call vote to not schedule a study session on the proposed development from Mr. and Mrs. Micko. AYES: Mayor Pro Tern Hubbard and Councilmembers Johnson and Tryon NOES: Councilmember Casey ABSENT: Mayor Siegel Casey stated that she did not support this motion because she believed the Council owed the Mickos the courtesy of a hearing. Her vote did not reflect her opinion of the matter. 7.3 Review of Resolution Establishing Standing Committees and Adopting General and Special Rules Pertaining Thereto MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson and passed unanimously by all members present to authorize a temporary addition to the Pathways Recreation and Parks Committee of two members (from 7 to 9); to request the Council liaisons to the standing committees to request additional comments/suggestions on the committees' charges and responsibilities; to review the schedule for submittal of reports from the committees; to distribute copies of the most recent committee reports to the Council for their reference; and to agendize review of this resolution when input from committees is available. It was also suggested that every six months or so new committee members meet with staff to review the procedures involved in local government. It was noted that at one time an orientation meeting used to be held on an annual basis but with staff changes this had not been done in some time. It was recommended that one be scheduled in the near future. Casey also noted that the Planning Commission would like the Acting City Manager to attend one of their meetings. 8. NEW BUSINESS 9. REPORTS FROM COMMITTEES, SUB-COMMITTEES, AND COUNCIL MEMBERS ON OUTSIDE AGENCIES 9.1 Safety Committee Tryon noted that a letter had been prepared by the Safety Committee concerning a progress report of the neighborhood preparedness plan for the neighborhood emergency network. They planned on sending this letter to the neighborhood March 20, 1991 5 coordinators. Tryon commented that it was a policy that correspondence from committees be cleared by Council. Several changes were made to the proposed letter clarifying areas of responsibility and noting that the safety handbook had already been distributed. PASSED BY CONSENSUS: Upon the Mayor's return, to request him to bring the revised letter back to the Safety Committee for their review. 10. STAFF REPORTS 10.1 City Manager l0.la Town involvement in Water Use Policy Tryon expressed her concern about emergency preparedness and water issues and Hubbard urged the exploration of alternative sources of water for non-potable uses. Council encouraged the cooperation and coordination with the Purissima Hills Water District on water issues. The Director of Public Works noted the possibility of purchasing a tank for long-term use at Town Hall and noted that he would come back 4 to Council at a later date with this proposal. Tryon suggested that the Roads and Drainage Committee and Pathways, Recreation and Parks Committee be asked to formulate a policy preventing paths from becoming waterways. PASSED BY CONSENSUS: To issue a proclamation encouraging all residents of Los Altos Hills to conserve water to the maximum extent feasible and expressing appreciation for the efforts already made and encouraging the development of alternative sources of water for non-potable uses. 10.2 City Attorney 10.3 City Clerk 10.3a Report on Council Correspondence 11. COUNCIL-INITIATED ITEMS 11.1 Consideration of a Joint Celebration with Los Altos on July 4th in honor of our Desert Storm Service Men and Women Coming Home (Councilmember Casey) March 20, 1991 6 PASSED BY CONSENSUS: To appoint Councilmember Casey to look into what 4/111 plans Los Altos has for a July 4th celebration and to bring a proposal back to the Council for a joint celebration. 11.2 Sunnyvale/Mountain View Light Rail Options - Request for Council Position Supporting Both Options as Part of County's Long Range Rail Master Plan (Tryon) PASSED BY CONSENSUS: To continue this item. 11.3 Consideration of an ad hoc committee composed of one Planning Commissioner, one member of the Environmental Design Committee, and one member of the Roads and Drainage Committee to review materials included in calculation of development area. (Hubbard) Hubbard noted that the issue of what materials (i.e. flagstones) should be included in the calculation of development area was raised during meetings of their rebuilding/building out subcommittee. Tryon noted that this was a reconstitution of the zoning subcommittee on which she, former Councilmember Louise Dronkert and Planning Commissioner Judy Carico had served. She suggested that the charges of the zoning subcommittee be transferred to this new subcommittee and (11W that old minutes and files on the zoning subcommittee be sent to the new subcommittee members. Tryon also suggested that this committee review the issue of amending definition of setbacks to exclude eaves. Casey stated that she believed it was important to have someone with architectural expertise on the committee and also someone who had built in the Town, such as someone from Goody Steinberg's office. MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson and passed unanimously to appoint an ad hoc committee composed of one Planning Commissioner, one member of the Environmental Design Committee, and one member of the Roads and Drainage Committee to review materials included in calculation of development area, to work with an architect and to report back to the Council. Staff was directed to contact the chairmen of the Commission and the committees and ask them to make said appointments. 11.4 Request City Attorney to draft Ordinance amending definition of setbacks to exclude eaves. (Hubbard) PASSED BY CONSENSUS: To refer this issue to the Planning Commission for taw their review and comment. 11.5 Gold Card March 20, 1991 7 Tryon reported that the Gold Card Program was underway and everyone was very enthusiastic about it. The cards for both the students and the businesses had been printed and had been distributed. Presently businesses were being contacted and urged to participate. Tryon noted that each Councilmember was being asked to request a local business to join. 11.6 Point of Light Award Tryon noted that she had been asked to serve on an Ad Hoc Committee formed to promote Moffett Field as a recipient of a point of light award from the White House for all of its volunteer activities. 12. ADJOURNMENT There being no further new or old business to discuss, the City Council Meeting adjourned at 9:30 p.m. Respectfully submitted, 411/ Patricia Dowd City Clerk The minutes of the March 20, 1991 Regular City Council Meeting were approved at the April 17, 1991 Council Meeting. March 20, 1991 8