Loading...
HomeMy WebLinkAbout01/03/1990 Minutes of a Regular Meeting Town of Los Altos Hills City Council Meeting Wednesday,January 3, 1990, 7:15 P.M. Council Chambers, 26379 Fremont Road Reel 207, Tr. I, Side II, 667-end, Tr. II, Side I, 001-558 Mayor Casey called the Regular Meeting of the City Council to order at 7:15 p.m. in the Council Chambers at Town Hall. 1. CALL TO ORDER, ROLL CALL, AND PLEDGE OF ALLEGIANCE Present: Mayor Casey and Councilmembers Johnson, Siegel, Tryon and van Tamelen Absent: None Staff: City Manager Thomas Frutchey; City Attorney Frank Gillio; Director of Public Works Bill Ekern; Planning Director Ann Jamison; and City Clerk Pat Dowd Press: None Mayor Casey noted that both the Ramans and the Ngs had requested that the public hearings on their applications scheduled for this meeting be continued as they were unable to be present at this meeting. Tryon noted that van Tamelen would not be present at the next Council meeting and since the Council had appealed the Planning Commission's decisions on both of these applications, she believed the hearings should be continued to the next meeting of the full Council which would be February 7th. Casey believed this further delay should occur only with the concurrence of the applicants. MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson and passed unanimously to continue the public hearings on Lands of Raman, 12378 Priscilla Lane and Lands of Ng, 12700 Leander to the February 7, 1990 Council Meeting. E 2. APPOINTMENTS AND PRESENTATIONS b► January 3, 1990 1 kr 2.1 Cable Television--Status Report from Sun Country Cable Since John Dolan from Sun Country Cable was not yet present, this item was deferred to later in the meeting. 3. REPORT FROM THE PLANNING COMMISSION Commissioner Stephen Pahl stated that the Planning Commission did not meet on December 27, 1989. He further commented on the Lands of Ashman which was before Council at this meeting for a public hearing. He noted that although the Planning Commission was sympathetic to the Ashman's request, they could not make all of the findings necessary to grant the variance. Pahl noted that issues were discussed such as the shape of the house and safety which could possibly be the basis for making the findings for the variance. 4. CONSENT CALENDAR MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Tryon and kr passed unanimously to approve the Consent Calendar, specifically: 4.1 Approval of Minutes: November 15, 1989 Special Meeting December 14, 1989 Special Meeting 4.2 Approval of Warrants: $33,555.01 (12/15/89) 4.3 Approval of Final Map, Lands of Packer/Fairchild -- Resolution #1-90 5. PRESENTATIONS FROM THE FLOOR 6. PUBLIC HEARINGS 6.1 Lands of Raman, 12378 Priscilla Lane, Pathway Dedication This hearing was continued to the February 7, 1990 Council Meeting. 6.2 Lands of Ng, 12700 Leander Drive, Site Development Permit kit This hearing was continued to the February 7, 1990 Council Meeting January 3, 1990 2 illy 6.3 Lands of Ashman, 13645 Paseo del Roble Court, Floor Area Variance and Waiver of Appeal Fees Council had before them the Planning Director's 1/3/90 staff report which included the background information on the Planning Commission's denial of the Ashman's request for a variance to the maximum floor area limitation for the remodel of an existing residence. The Planning Commission was unable to make the required findings for the 771 square foot floor area variance, particularly finding one which states: "That, because of exceptional or extraordinary circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the provisions of this Title is found to deprive such property or privileges enjoyed by other properties in the vicinity and under identical zoning classification." The Ashmans had appealed the Planning Commission's decision and were now before Council for a public hearing. Councilmembers stated they had no disclosures to make regarding this application. Mary Stutz, 25310 Elena Road, commented on the disclosure policy and specifically { asked Councilmembers if they had visited the site. Johnson, Siegel and Tryon stated they had driven by the site. Casey stated she had never been on the site. van Tamelen stated she had been on the property but had not spoken with the applicants. Mrs. Joann Ashman, applicant, presented slides to the Council and explained the status of the present house, the proposed project and why she believed the variance could be supported. She noted the currently there was a high, obtrusive deck, an excessively visible asphalt parking area in the front of the house and the present development of the lot was not in conformance with the intent of the Town's ordinances. They had modified their original plans so that now all they needed was a maximum floor area variance. Mrs. Ashman stated that the size, shape and structure of house, and topography resulted in hardship and the findings for the variance could be supported. She stated that their proposed project included no increase in maximum development area, a finished exterior treatment, conformance with the intent of the Town's ordinances, a reduced parking area, less obtrusive structures, a safer home and more screening by native vegetation. Mrs. Ashman also referred to slides to show how the present deck would be removed and the new addition would be screened by trees. She commented that they had been attempting to improve their home since they moved in 2 1/2 years ago and the variance process had been a last resort. January 3, 1990 3 Mr. John Ashman, applicant, explained to the Council why they could not build down; they needed the square footage on the top floor. He stated that he believed there should be flexibility. Their home would not be built today according to the current ordinances and if they tore the structure down, the house that could be built would be different from the one there. The house was unsightly when they bought it and Mr. Ashman stated there was a need to have the house upgraded and improved to that the house would be visually attractive and architecturally appealing. Elayne Dauber, 27930 Roble Alto, commented that the only part of the Ashman's house that anyone saw was the front of the house and Mrs. Dauber believed that by removing some of the driveway from the front of the house the lot would seem less crowded. Ed Emling, Planning Commissioner, stated that the Commission had dealt with this matter but just could not make the findings. Personally he still could not make the findings but knew it was a difficult decision for the Council. Dick Jones, Planning Commissioner, commented that the Commission had been advised that staff would not recommend any increase in square footage for this property. Dr. Philip Dauber, 27930 Roble Alto, supported the approval of this appeal. He stated his opinion that the proposed project improved the house and the lot and it was good for both the neighbors and the Town. Edwina Comiso, Planning Commissioner, stated that she was the one Commissioner who voted for the project. In her opinion the findings could be made based on the existing structure. In response to an inquiry from van Tamelen concerning the possible precedent setting nature of this decision, Comiso stated that each project would need to be reviewed and decided upon individually. Harold Bexton, applicant's architect, commented that they believed the overall result of the project was important and they were improving the compliance with the intent of the Town's ordinances. He noted that digging out underneath the house was not a logical approach and the proposed addition could not go in the front or on the sides of the house because of the setbacks. Betsy Bertram, 11854 Page Mill Road, noted that it would be helpful if an artist's tit rendering of the project was available and Council commented that one had been January 3, 1990 4 done. Council discussed the necessity of making all of the findings if this variance were to be allowed. Siegel noted that something unique about the house must be found and commented on the old fashioned design of the house. van Tamelen expressed her concerns about the visual impact of the proposed project on the neighbors and stated that the project was not in conformance with the Town's ordinances. Tryon commented that while there was no proposed increase in maximum development area, she was concerned about setting a precedent. She noted her concerns about the .,taff-reper-t-whic1+4neltideellocation but not structure and stated that if the first finding for a variance included structure, she believed this lot would have exceptional circumstances. The City Attorney responded that the first finding does include structure; the building was an outgrowth of the property. Casey believed that the findings for the variance could be made and the approval of this variance would not be precedent setting. The existing structure was unsightly, unsafe and not in conformance with the Town's goals. Johnson commented that while he believed the proposed project improved the lot, he could not make the first finding. He did not believe there was anything different between this lot and many others in the Town and he believed approval of this variance would be precedent setting.*variance finding clause which referred to (ANL CID BY COUNCIL 1/17/90) tit MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Seigel and passed by the following roll call vote to grant the appeal and to approve a variance for the Lands of Ashman, 13645 Paseo del Roble Court, for an increase of 771 square feet in floor area, based on making the findings for a variance stated in Section 10-1.1107(2) of the Code, specifically determining for finding one that the location of the existing structure causes the necessity for additional floor area in order to upgrade to modern standards and the design and construction of the existing house makes it difficult to utilize the existing floor area, and to request the Site Development Committee to particularly address the issues of color, screening, obtrusiveness and visual impact, among others, when reviewing this project. AYES: Mayor Casey and Councilmembers Seigel and Tryon NOES: Councilmembers Johnson and van Tamelen Johnson applauded the Ashman's project but stated he just could not make the variance findings and believed it was a precedent setting decision. van Tamelen also stated that she too could not vote for this project and believed it was setting a precedent. January 3, 1990 5 7. UNFINISHED BUSINESS 7.1 Cable Television—Status Report from Sun Country Cable John Dolan, representative from Sun Country Cable, presented a status report to the Council. He noted that 90% of the underground conduit was in place and they had received a franchise from Santa Clara County so they would be able to provide cable tv to the unincorporated areas.. They were continuing to do the construction work while discussing the headend site issue. Presently seven sites had been identified as having potential for a headend. They had provided staff with a report on these sites and had requested input and comments. It was noted Council had also received a copy of this report. In response to an inquiry from the Council as to when the Town would actually have cable tv, Mr. Dolan stated that the Town would be completely wired by the end of the April which meant that if everything went perfectly with the headend issue, it could be four months. One the headend site was decided upon, it would take about two months to complete. The Council noted the importance of this issue to the residents of the Town and urged Sun Country to work with staff in narrowing down the list of sites to 2 to 3 of the preferred options and also urged the Planning Commission to work expeditiously with Sun County on this headend issue. It was agreed Sun Country would present another status report to the Council the end of April. Mrs. Shari Emling, 11853 Murietta, asked if the locations of the seven sites were public information and was advised that once the applications were filed they were. She also complimented Council on making this issue so public as cable tv was very important to the residents. 7.2 Charges for Council, Planning Commission, and Site Development Committee Agendas and Minutes Council had received a report dated 12/28/89 from the City Manager which included a list of all who received copies of Council, Commission and Site Development agendas and/or minutes. The report also included the recommendation that Council reaffirm the charges for these documents which were adopted by the new fee scheduled dated September 6, 1989. The adopted charges reflected a 50% subsidy by the Town. Elayne Dauber, 27930 Roble Alto, suggested that a full packet for the Council meetings be placed at the Library. 460 Phil Dauber, 27930 Roble Alto, supported this request noting that it was difficult to get January 3, 1990 6 E Iw to Town Hall during the day if one worked but the library was open in the evenings. PASSED BY CONSENSUS: It was agreed that Elayne Dauber and the City Manager would work together concerning what cities made their Council packets available to their local libraries and a report would be brought back to the next Council meeting. MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson and passed unanimously to reaffirm the charges for Council, Commission and Site Development agendas and/or minutes as approved in the September 6, 1989 fee structure which included a 50% subsidy by the Town for receipt of these documents and to make the following deletions to those currently receiving complimentary copies: PG&E, Pacific Bell, Palo Alto Unified, Santa Clara County Human Relations Commission and the American Heart Association. 8. NEW BUSINESS 8.1 Council Chambers Sound System Council had before them the Director of Public Works' staff report dated 1/3/90 which included the recommendations that Council appropriate an additional $8,500 from unallocated reserves into the Council Sound System capital project to purchase and install a state-of-the-art sound system and award a contract for $12,300 to Spartan Engineering, Inc. for the installation of the system. Tryon stated her concerns about 'state-of-the-art' and noted that the County had spent appreximately-$190,00B-for aseund-system--tha4-clidaot work. The Director of Public Works noted that he would provide Council with the names of a couple of places where Spartan had installed sound systems and Casey asked for a presentation of the proposed sound system. *purchased such a system at great expense which was not reliable. (SID BY COUNCIL 1/17/90) PASSED BY CONSENSUS: It was agreed that Spartan Engineering would be asked to make a presentation to the Council on the proposed sound system. 8.2 Attendance at Statewide Trails Information Conference MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Tryon and passed unanimously to approve the attendance at the 1990 Trails Conference in Asilomar (March 18-20) by Barrie Freeman and Kathy Kelly, members of the Pathways Recreation and Parks Committee and to request that they provide Council with a lbwsRecreation 3, 1990 7 report of the conference upon their return. ihr 9. REPORTS FROM COMMITTEES AND SUB-COMMITTEES 9.1 Noticing of Ad Hoc Committee Meetings Tryon asked for reaffirmation of the noticing of Ad Hoc Committee Meetings and was advised that presently these meetings are not noticed. It was agreed the City Attorney would report back to the Council on the noticing of Ad Hoc Committee Meetings. 9.2 Ad Hoc Committee on Water Concerns Seigel reported that he and Johnson had met with Dan Alexander, President of the Purissima Hills Water District Board to discuss a variety of concerns regarding water issues. Mr. Alexander was going to bring these concerns back to his Board and the Ad Hoc Committee planned another meeting in March. Council recommended that this ad hoc committee include two members from the Purissima Hills Water District Board. 9.3 Ad Hoc Committee on Trees Seigel reported that the Ad Hoc Committee on Trees had met twice a third meeting was scheduled. A tree ordinance was being prepared and they planned to bring it before the Council at the second meeting in February. 9.4 Town Hall Master Plan van Tamelen noted that the various plans for Town Hall were supposed to be on display and she wondered where they were. Staff reported that Wolfe Mason was preparing the complete set of four plans and they would be ready in the next few weeks. At that time they would be displayed in the Council Chambers with flip charts, comment pages and a suggestion box. 10. STAFF REPORTS 10.1 City Manager 10.1.1 Joint Meeting with the Planning Commission The City Manager noted that the next Joint Meeting with the Planning Commission January 3, 1990 8 was scheduled for Wednesday, January 31st from 5:00 to 7:00 p.m. and he encouraged everyone to submit their ideas to him in the near future for agenda items. One comment made was how to get applications to staff before the applicants spent a lot of time and money on the project. 10.1.2 Planning Director The City Manager noted that he had been mispronouncing the Planning Director's name. Ann's last name, Jamison, was pronounced 'jam' as in jam and toast. 10.1.3 Topics Suggested for Upcoming Discussions Council had received the City Manager's staff report dated 12/28/89 which included several topics of discussion. Of those listed Council suggested that code enforcement issues should be deferred to the hiring of a new City Attorney and certain of the planning issues would be appropriate topics to discuss at the joint meeting with the Planning Commission. It was agreed to discuss the evaluation of Council appointees at 6:00 p.m. on Wednesday, February 7th (closed session) and to discuss Council priorities for the coming year and the decade of the nineties at 6:00 p.m. on Wednesday, February 21st. MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Casey and passed unanimously to not hold a study session before the regular City Council Meeting on January 17th. 10.2 City Attorney 10.3 City Clerk 10.3.1 Minutes of December 20, 1989 Council Meeting The City Clerk reported that the tape of the December 20th Council meeting had been checked and the minutes, which would be available at the next meeting for approval, had been corrected to reflect Councilmember Tryon's comments on the McCulloch conditions. 10.3.2 Materials for Raman and Ng Continued Public Hearings January 3, 1990 9 The City Clerk asked Council to keep the materials they had received on the Raman and Ng public hearings thereby avoiding additional costs to the applicants for the preparation of more maps. 10.3.3 Picture of Town Seal PASSED BY CONSENSUS: To order ten 11x14 copies of the original Town Seal picture at a cost of$575 with framing at a cost of approximately $85 per picture. 11. COUNCIL-INITIATED ITEMS 11.1 Zip Code Legislation (Councilmember Tryon) Tryon reported that there was pending legislation in the House and Senate concerning zip codes and she asked if Council would support this legislation. It was agreed that this request for support of HR 2380 and S1214 would be placed on the next agenda. 11.2 Agreement with Alan Lambert Tryon asked if a written apology had been made to Alan Lambert for the delays he experienced regarding his reimbursement agreement. It was noted that the City Clerk had just received the completed agreement from the City Attorney's office and such a statement would be included in the transmittal letter to Mr. Lambert. It was further noted that the agreement would be signed by the Mayor and the City Clerk prior to being sent to Mr. Lambert. 11.3 Status of Transportation/Congestion Management Issues (Tryon) Tryon reported to the Council on tha proposals currently being discussed on the formation of a new agency which would be a land use review body and would also control all new State transportation funds. She stated that these proposals were being discussed at various levels such as the Transportation Commission. Aspects such as how many would serve on the body and how the votes would be structured were key issues of discussion. Tryon noted that Supervisor McKenna's proposal was one under discussion; however, only eight out of the eighty-two Councilmembers in the County*other tha endorsed taisproposal at this time* Councils were waiting until further information the City o. was available. In this regard Tryon asked why Casey and Johnson had taken this San Jose opportunity to endorse Supervisor McKenna's proposal. *and sane of than had already 4160 retracted this endorsement pending further review. (AMENDED BY COUNCIL 1/7/90) January 3, 1990 10 Casey stated that she had had conversations with Supervisor McKenna and San Jose City Councilmember James Beall; and Sunnyvale Mayor Brian O'Toole and San Jose Mayor Tom McEnery supported Supervisor McKenna's proposal. She respected all of these local leaders and their opinions. Johnson stated that when he saw Supervisor McKenna's proposal he believed it was something that had been needed for a long time. * Tryon/asked the Councilmembers to withdraw their endorsements. She stressed the importance of keeping the processes open, of proper committee review and of open discussions. She noted that Supervisor McKenna and others had offered to make presentations to the Councils and suggested waiting until after the Transportation Commission Meeting on January 10th and the Cities Association Meeting on January 11th. After these meetings representatives would be bringing recommendations back to the Councils. Tryon concluded that she would continue to work on these issues and would report back to the Council. *stated that she was netting regularly with McKenna, paa11, O'Toole and others to reach a consensus proposal'"(AMDED T3Y COUNCIL 1/7/90) 11.4 Travel Reimbursement (Seigel) Seigel asked when the issue of travel reimbursement would be brought before the ` Council. The City Manager reported that a meeting with the Finance Committee was being scheduled and after this was held the matter would be agendized for a Council Meeting. Seigel did comment that if a Councilmember were reimbursed from another agency such as the Intergovernmental Council, they should not be reimbursed by the Town. 12. ADJOURNMENT There being no further new or old business to discuss, the meeting was adjourned at 10:15 p.m. Respectfully submitted, Patricia Dowd City Clerk January 3, 1990 11