HomeMy WebLinkAbout04/19/1989 1,, Minutes of a Regular Meeting
Town of Los Altos Hills
City Council Meeting
Wednesday, April 19, 1989, 7:15 P.M.
Council Chambers, 26379 Fremont Road
cc: Reel 201, Tr. I, Side I, 001-end
Mayor Johnson called the Regular Meeting of the City Council to order at 7:20 p.m. in
the Council Chambers at Town Hall.
1. CALL TO ORDER, ROLL CALL AND PLEDGE OF ALLEGIANCE
Present: Mayor Johnson and Councilmembers Casey,Tryon and van Tamelen
Absent: Councilmember Siegel
Staff: Acting City Manager Bill Ekern; City Attorney Frank Gillio; and Leslie
Mullins, Planning Secretary
2. REPORT FROM THE PLANNING COMMISSION
Commissioner Jones reported that the following items were discussed at the 4/12/89
Planning Commission Meeting: 1) Lands of Sims - request for conditional use permit
for secondary dwelling unit approved; 2) Lands of Savoie - request for approval of
variance for fewer than the required number of parking spaces for a new residence
approved; and 3) Proposed General Plan Amendment adding mineral resource
protection policies to the Town's General Plan - continued with recommendation for
appointment of a subcommittee of Council and Commission to review.
3. CONSENT CALENDAR
Items Removed: Item 1 - 4/5/89 regular meeting minutes and 3.a (van Tamelen)
Item Added: 3.f - Resolution rescinding award of contract for construction of
miscellaneous storm drains to Vick's Pipeline Construction, Inc.
April 19, 1989
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MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Casey and
passed unanimously by all members present to approve the Consent Calendar,
specifically:
3.1 Approval of Minutes: April 1, 1989 (Adjourned Regular Meeting)
April 5, 1989 (Special Meeting)
3.2 Approval of Warrants: $21,224,73
3.3 Resolutions for Adoption:
b) Resolution #55-89 accepting a certain trail and pathway easement deed
from Reynaldo H. Salazar and Mary Lou Salazar
c) Resolution #56-89 approving and authorizing establishment of the
position of Building Inspector and fixing compensation to be paid
d) Resolution #57-89 approving and authorizing execution of an agree-
ment between the Town of Los Altos Hills and Norma Hislop
e) Resolution #58-89 appointing Thomas J. Frutchey as City Manager of
the Town of Los Altos Hills
f) Resolution #59-89 rescinding award of contract for construction of
miscellaneous storm drains to Vick's Pipeline Construction, Inc.
3.4 Monthly Financial Report: Informational Item
3.5 Request from League of Women Voters to use Council Chambers for a meeting
on May 18, 1989
3.6 Actions of the Planning Commission: approved the following:
a) LANDS OF SIMS, FILE CUP #3-89, 10700 Magdalena Road, request for
approval of conditional use permit for secondary dwelling unit
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b) LANDS OF SAVOIE, FILE VAR, #6-89, 11641 Buena Vista Drive,
request for approval of variance for fewer than the required number
of parking spaces for a new residence
Items Removed:
1. Approval of Minutes: April 5, 1989 Regular Meeting
MOTION SECONDED AND CARRIED: Moved by van Tamelen, seconded by Johnson
and passed unanimously by all members present to approve the minutes of the April
5, 1989 regular meeting with the following correction: page 5, last paragraph, line four,
change the word 'exception' to 'amendment'.
3.a) Resolution approving and authorizing execution of an agreement for
engineering services between the Town of Los Altos Hills and Wilsey & Ham
concerning proposed improvement and realignment of El Monte Road
van Tamelen commented on projects of more than $5,000 going to bid and also
inquired whether or not funds were available from other sources, such as State or
hit Federal.
MOTION SECONDED AND CARRIED: Moved by van Tamelen, seconded by Tryon
and passed unanimously by all members present to adopt Resolution #54-89
approving and authorizing execution of an agreement for engineering services
between the Town of Los Altos Hills and Wilsey & Ham concerning proposed
improvement and realignment of El Monte Road.
4. PRESENTATIONS FROM THE FLOOR
5. PUBLIC HEARING
5.1 LANDS OF CARSE, 27125 Taaffe Road, appeal of Planning Commission's denial
of request to construct a deck in the conservation easement
Council had before them the Director of Public Works' staff report dated 4/10/89
which included the recommendation that Council uphold the decision of the
Planning Commission. The report noted that the conservation easement had been
X described in the 1985 site approval and the condition clearly stated "no grading,
Air' clearing, tree removal or structures shall be allowed within the conservation
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-�, easement." The Director of Public Works also commented that staff believed that
allowing the requested deck, whether supported by a sole post or at grade, would
establish a precedent for construction in a conservation easement.
Gabrial Cary, Jones-Peterson, stated that fences had been allowed in the past in
conservation easements.
Mrs. Fran Stevenson, 26989 Beaver Lane, noted that if the applicant was only talking
about going into the conservation easement by six feet, why not reduce project by six
feet.
Mrs. Carse, applicant, stated that the conservation easement on their property was
excessive (30%) and asked about reexamining the easement to move part in front of
their property. She noted they would sign any agreement for the protection of trees.
Dick Jones, Planning Commissioner, commented that staff had represented to them
that they had no choice but to keep the conservation easement intact. An alternative
appeared to be to cut back the conservation easement rather than grant the appeal.
tiblv van Tamelen noted that the Council had a responsibility to protect residents and the
preservation of the conservation easements. She was concerned about establishing the
precedent that construction was allowed in a conservation easement.
MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Johnson and
passed by the following roll call vote to grant the appeal of the Planning Commission's
denial of request to construct a deck in the conservation easement, Lands of Carse.
AYES: Mayor Johnson and Councilmembers Casey and Tryon
NOES: Councilmember van Tamelen
ABSENT: Councilmember Siegel
5.2 LANDS OF KOPAL, FILE VAR#4-89, 12530 Barley Hill Road, appeal of Planning
Commission's denial of request for a variance in maximum floor area
Council discussed the procedure of sending this matter back to the Planning
Commission and referenced Code Sections 10-1.1109 and 10-1.1110. Tryon noted that
sometime ago Council had discussed revising the ordinances addressing the appeal
process and she again suggested that this be done. Casey commented that this
111. applicant should be treated fairly and consistently with other applicants who have had
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Air appeals considered during the past year. To be in conformance with the ordinances,
Council concurred that this should go back to the Commission but Casey stated that
she believed Council could act on this appeal as they had acted on others in the past.
Mr. Dieter Kopal, applicant, stated that when the house was built in 1979 he was
advised that he could have the storage area. Mr. Kopal presented a sketch of the house
and asked Council to concur with his request.
Tryon commented on the noise from the freeway and stated that she believed the
findings for the variance could be met and she supported the applicant's request. van
Tamelen noted that as best as could be determined, Mr. Kopal could have built the
storage area under the old ordinances.
Clyde Noel, Planning Commissioner, commented that he had no problems with the
request from Mr. Kopal although he did vote no at the Commission meeting because
of the wording of the motion.
MOTION SECONDED AND CARRIED: Moved by Casey, seconded by van Tamelen
and passed unanimously by all members present to grant the appeal of the Planning
Commission's denial of Mr. Kopal's request for a variance in maximum floor area for
`► a storage shed subject to the conditions of the site development permit and with the
stipulation that the matter be sent back to the Planning Commission for their 4/26/89
meeting and reagendized for the 5/3/89 Council Meeting.
5.3 LANDS OF MELE, FILE VAR #2-89, CUP #1-89, 14225 Berry Hill Lane, appeal of
Planning Commission's denial of request for a variance and conditional use
permit for a second dwelling unit which would cause the maximum floor area
for the lot to be exceeded.
It was noted that the variance request before Council was a new one; the amount of
the variance for maximum floor area had been cut in half. Therefore it was suggested
that this matter go back to the Planning Commission.
Mrs. Mele, applicant, explained that they had recalculated the project without the
berm.
MOTION SECONDED AND CARRIED: Moved by van Tamelen, seconded by Casey
and passed unanimously by all members present to send the new application from .
Lands of Mele for a variance and conditional use permit for a second dwelling unit
which would cause the maximum floor area for the lot to be exceeded.
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6. OLD BUSINESS
6.1 Decision regarding rental/purchase of art work from Marjorie Kellogg for the
Council Chambers
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Casey and
passed unanimously by all members present to continue this item.
6.2 Request from Mr. and Mrs. Horton for reconsideration of Town request for a
survey to be prepared on their property line and for waiver of the easement for
a pathway
Council had before them the Director of Public Works' staff report dated 4/10/89
which noted that at an earlier meeting Council had authorized a survey of the
property line and the quarry rim. The Director of Public Works also commented that
the Council had also directed that the survey take place to determine any potential
confict between the property line, the quarry and the easement defined as a condition
of site development. The Hortons, however, had sent a letter dated 3/29/89 asking for
a reconsideration in the request for this survey and for a waiver of the easement for a
pathway, as a result of recent reports prepared by the City Attorney on the legality of
the path requirement. Council also had before them the minutes of the 10/13/82
Planning Commission meeting at which the Hortons received a site development
permit which included the condition for the pathway. In a report dated 9/14/88 the
Director of Public Works outlined the request from the Hortons for relief from the site
development conditions. In part this report notes that the easement was never
recorded and that at the time of the issuance of the Horton's site development permit,
the requirement for dedications did not rest with the site development authority. In
addition reports from the City Attorney dated 10/5/89, 10/12/89 and 10/14/89 were
provided for Council's reference. In the 10/14/89 report the City Attorney noted that it
did not appear that the condition (for a pathway from the Hortons) would meet the
test laid down later in the case of Nollan vs. Cal Coastal Commission.
van Tamelen stated that she wanted a survey prepared and strongly believed there
should be a public hearing at which all Councilmembers would be present.
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MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Casey and
passed by the following roll call vote to proceed with consideration of request for
reconsideration of survey to be prepared on the Horton property and for waiver of the
easement for a pathway.
AYES: Mayor Johnson and Councilmembers Casey and Tryon
NOES: Councilmember van Tamelen
ABSENT: Councilmember Siegel
Mrs. Jean Struthers, 13690 Robleda, stated that the Hortons were not honoring their
offer to dedicate a pathway around the quarry which they were supposed to do prior to
getting their final.
Mrs. Carol Gottlieb, 24290 Summerhill, noted this issue went from the Site
Development Committee to a meeting of the full Planning Commission and it was on
tape that the Hortons were obliged to give the path.
Mrs. Dot Schreiner, Chairman - Pathways, Recreation and Parks Committee, presented
a brief history on the Horton's pathway requirement and connector paths.
Mrs. Sharyn Adkisson, 27673 Lupine, noted that Doni Hubbard had spoken with four
conservation attorneys who had differing opinions from the City Attorney whose area
of expertise was not conservation.
Mrs. Mary Compton, 27855 Via Ventana, believed this was an invasion of privacy to
both the Hortons and the Daughters of Charity. Mrs. Compton further commented on
the expense of this engineering project and her concerns about safety, tree removal
and possible landslides.
Mr. Paul Stanford, representing Daughters of Charity, noted that the property line
went through the end of the quarry according to the parcel map and stated their
preference for no pathway.
Mrs. Fran Stevenson, 26989 Beaver Lane, commented on the change of the outlook of
the path, the connector to Moody Road, the watertank bypass, the relocation of the
water tank and the question of who was liable for the path.
Mrs. Nancy Horton, applicant, gave a brief background of the history of their
kir applications and noted that one reason they had not granted the pathway easement
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was because the Planning Commission did not have the authority to ask for it. She
believed the proposed path was intrusive both to them and to the Daughters of Charity
and that there were alternative paths available.
Tryon noted that she was a former member of the Pathways, Recreation and Parks
Committee and believed it was necessary to look at the individual path. Based on new
information they had two good neighbors who were asking for alternative connectors.
The Town had an outstanding open space/pathway system but was it necessary to
spend a lot of money on a path that she was very uncomfortable with. van Tamelen
stated her concerns and belief that it was a great disaster to grant the waiver.
MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Johnson and
passed by the following roll call vote to grant the request from Mr. and Mrs. Horton for
waiver of the easement for a pathway.
AYES: Mayor Johnson and Councilmembers Casey and Tryon
NOES: Councilmember van Tamelen
ABSENT: Councilmember Siegel
Mrs. Jean Struthers, 13690 Robleda, noted that this was a very sad day for her. Perhaps
there was another location that could be looked into as there was a very real need for a
safe connector from Altamont to Moody.
Council asked that alternatives be investigated and staff noted that they would look
into new path alternatives.
7. NEW BUSINESS
7.1 Request from Mr. DiConza to amend conditions of approval, Lands of Horn,
Parcel Map 458M55
Mr. DiConza, applicant, explained his request for amendment to the condition which
required that the residential structure be placed at a natural elevation higher than the
drainfield. He noted that by granting this request he would be allowed to proceed
forward with a soils engineer/geologist for the purpose of investigating foundation
design, site grading and drainage, and mitigation measures for locating the foundation
below the drainfields.
haw
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Council had before them the Director of Public Works staff report which included the
recommendation that Council not grant this request. He noted that this condition was
required due to the existence of high ground water on the lots. The condition was also
in response to geologic concerns as well as those raised by the Health Department. The
Health Department does not generally concur with septic systems being placed above
residences. The report did note, however, that it was possible to design both a system
and a residence which would satisfy the County Health Department. The Director of
Public Works noted in his report that it was staff's opinion that the lot should be
sewered or disposal which would not affect the water table and endanger the residence
should be designed.
PASSED BY CONSENSUS: To continue this item to allow time for a meeting of the
applicant, staff, Health Department representative and geologist to review the request,
the conditions and alternative solutions.
7.2 Announcement of May 11, 1989 deadline for receipt of applications for appoint-
ment to fill an unexpired term on the Planning Commission ending June 1991
8. REPORTS FROM STANDING AND AD HOC COMMITTEES
�I 8.1 Reports from Standing Committees:
8.1.1 Pathways, Recreation and Parks Committee
8.1.1.1 Report on the State Recreational Trails Comittee Conference
Council thanked the Committee for their report on the State Recreational Trails
Committee Conference which was attended by Kathy Kelly and Barrie Freeman and
asked that copies of the report be sent to the Horsemens Association.
8.1.1.2 Appointment of Council Ad Hoc Pathways Recreation and
Parks Committee
PASSED BY CONSENSUS: To appoint Casey and van Tamelen to an Ad Hoc Pathways
Recreation and Parks Committee to review and discuss issues raised in the Town
survey and to report back to the Pathways Recreation and Parks Committee and to the
full Council.
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8.1.2 Environmental Design and Protection Committee
8.1.2.1 Action plan for Peninsula Re-Leaf Campaign for the Town
and Proclamation to be part of California Re-Leaf Ceremony
on April 29
Council had before them a request from the Environmental Design and Protection
Committee that the Town participate in the Peninsula Re-Leaf Campaign which was
part of an American Forestry Association Program whose goal was to add 100 million
trees to the nation. The Committee further invited the Council to attend a tree
planting ceremony on Saturday April 29th.
Council concurred with the request from the Environmental Design and Protection
Committee.
8.2 Reports from Ad Hoc Committees:
8.2.1 Community Survey Subcommittee: recommendation on distribution
of survey and follow up to survey
Council requested that a postcard be prepared for Town-wide mailing stating that the
survey results were available at Town Hall for anyone who wished a copy. Council
also asked to see the postcard before it was mailed.
9. STAFF REPORTS
9.1 City Manager
9.1.1. General Plan Amendment - Request for formation of a
subcommittee of Council and Commissioners to review the
General Plan Amendment
PASSED BY CONSENSUS: To appoint Johnson and Siegel to a Sub-Committee of the
Council to review the General Plan Amendment. Commissioners Jones and Patmore
were selected to serve on this sub-committee.
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9.1.2 Emergency Preparedness
The Acting City Manager reported that meetings on Emergency Preparedness had
begun with Bullis. More information would be provided to Council on this subject at
a later date.
9.2 City Attorney
9.2.1. Report on Weed Abatement
PASSED BY CONSENSUS: To direct the City Attorney to prepare an updated report on
the issue of weed abatement.
9.3 City Clerk
9.3.1 Report on Council Correspondence dated 4/13/89
` 9.4 Council Business
111✓ 9.4.1 Format of agendas and discussion of public hearing process
Tryon raised the issue of the appropriate way to conduct a public hearing. This
included the asking of questions, receipt of input from the public and decision making
after the close of the public hearing. It was not appropriate for Councilmembers to
state opinions prior to the public hearings. The procedures should be more carefully
adhered to.
10 ADJOURNMENT
There being no further new or old business to discuss, the meeting was adjourned at
11:10 p.m.
Respectfully submitted,
Patricia Dowd,City Clerk
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April 19, 1989
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