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HomeMy WebLinkAbout05/17/1989 CITY COUNCIL TOWN OF LOS ALTOS HILLS 26379 Fremont Road Los Altos Hills, California MINUTES OF A REGULAR MEETING Wednesday, May 17 , 1989 cc: Reel 201 , Tr. II, Side I, 001-end 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, Siegel and Tryon ( Absent: Councilmember van Tamelen Staff: City Manager Thomas Frutchey, Director of Public Works Bill Ekern, City Attorney Frank Gillio and City Clerk Pat Dowd Planning Comm: A. Richard Jones B. INTERVIEWS AND APPOINTMENT TO THE PLANNING COMMISSION: Council had received seven applications for Planning Commissioner: Nancy Bavor, 13816 Page Mill Road, Joyce Clarke, 12544 Corbetta Lane, Edwina Comiso, 27933 Briones Way, Philip Dauber, 27930 Roble Alto, LaVon Morton, 25857 Westwind Way and Stephen Pahl, 27431 Black Mountain Road and Michael Wise. All but Joyce Clarke addressed the Council noting their interest in working on the Commission, commenting on their concerns and siting their commitment to working toward certain goals. MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Casey and passed unanimously to appoint Edwina Comiso to the Planning Commission to fill the unexpired term of Marc Kaufman ending in June 1991 . Council commented on the excellent qualifications of the applicants and thanked all of those who applied. It was noted that another Planning Commissioner's term was due to expire in June of 1989 and everyone was encouraged to reapply at that time. `c. REPORTS FROM THE PLANNING COMMISSION: Commissioner Jones reported that the following issues were discussed at the 5/10/89 Planning Commission Meeting: 1) a slide presentation from the Committee for Green Foothills; 2) discussion of ordinance regarding off street parking facilities, secondary dwellings and minor structures - proposed ordinance changes will be sent to Council; and 3) discussion of a disclosure policy. D. CONSENT CALENDAR: Item Removed: D.2.d) (Siegel) 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: 1. Approval of Warrants: $89,631.56 (4/20/89) $93, 940.05 (4/28/89) $48,755.23 (5/5/89) 2. Resolutions for Adoption: a) Resolution #60-89 approving and authorizing execution of ( an agreement for audit services between the Town of Los Altos Hills and C.G. Uhlenberg & Company, a partnership b) Resolution #61-89 initiating reorganization proceedings for annexation and attachment of certain uninhabited territory designated as the Ridgeview Estates annexation described herein, and setting the date, time and place for consideration of such reorganization c) Resolution #62-89 calling a public hearing to determine whether public necessity, health, safety, or welfare requires the formation of an underground utility district on a portion of El Monte Avenue e) Resolution #63-89 accepting a certain easement deed from Stephen C. Schott and Patricia A. Schott (Hilltop Drive) f) Resolution #64-89 accepting a certain easement deed (pedestrian - equestrian) -- Lands of Merrill (LaLoma Dr. ) 4. Actions of the Planning Commission: a) LANDS OF CHOONG, FILE CUP #4-89, 13435 Thendara Way, request for a conditional permit for a secondary dwelling b) LANDS OF BARTELINK, FILE VAR #7-89 , 13170 LaCresta Drive, L request for a variance for a fence to exceed the allowed height -2- 5/17/89 L C. CONSENT CALENDAR: (continued) : bur 5. Proclamation: National Public Works Week, May 21-27 6. Request from Mr. Bellucci for 60 day extension to relocate the carriage house on Moody Road Item Removed: 1. Resolution # approving final subdivision map and approving and authorizing execution of subdivision agreement for Tract No. 8200 and rescinding Resolution #32-89 (Lands of McCulloch) Siegel stated that he thought the requirements for the path on Lots 14 and 15 and the emergency access road should be included in the documents before them. Russ Carter, applicant, reported that phase two of this project would be underway in the near future and they planned to complete these improvements at that time. If they should run into a delay a temporary emergency access road could be put in the project. MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Casey and passed unanimously by all members present to adopt Resolution #54-89 approving final subdivision map and approving and authorizing xecution of subdivision agreement for Tract No. 8200 and rescinding esolution #32-89 (Lands of McCulloch) including the following amendments: dedication of easement for and construction of pathways on Lots 14 and 15, dedication of an easement for and construction of an emergency access and completion of improvements by June 1, 1990. E. PRESENTATIONS FROM THE FLOOR: F. PUBLIC HEARINGS: G. OLD BUSINESS: 1. Report from Mayor on water reduction measures Johnson reported on a recent meeting he had attended at the Santa Clara Valley Water District. Although the issue was not quite as critical as once thought, a 25% reduction in water usage was still needed in the event of another dry year. Casey stated that she believed the Town should pass a resolution including the eight principles of water conservation as a matter of support particularly as they were really a matter of common sense. Tryon recommended amending the Resolution adopted by the Council in June, 1988 declaring the need for conservation of water and recommending a 15% in water usage by the residents. She further suggested educating the public by making the eight principles of conservation available in a handout and Lon the Town newsletter. _3_ 5/17/89 OLD BUSINESS: (continued) : MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Siegel and passed unanimously by all members present to adopt Resolution #66-89 declaring the need for conservation of water and recommending a 25% reduction in the use of water and including a newsletter article and handout on the eight principles of water conservation. 2. Request from Councilmember Penny Lave for comments on the conceptual outline regarding consolidation of Santa Clara County Cities Organizations Tryon reported that she had not been notified of the meeting at which this conceptual outline had been agreed upon. She also noted that this was a major change affecting the organizations in the County and she believed it required more consideration. The financial expenditures related to this issue should also be given serious thought. PASSED BY CONSENSUS: Tryon would draft a letter to Councilmember Lave expressing the concerns and comments of the Council. H. NEW BUSINESS: 1. Consideration of validity of variance, Lot #1, Tract #2043 filw1r. Jacobson, applicant, explained that he had purchased the property in 1958 and at that time obtained a variance for a reduction in the setbacks. At that time a discussion was held regarding the siting of the house on the lot which was rather narrow and the variance was granted to allow the siting of the house in what was thought to be the best location for that particular lot. At this time Mr. Jacobson' s contractor, Mr. Malek, was asking for confirmation of the validity of this variance as it directly affected the design and placement of the proposed home. Abbie Ahrens, representing Mr. Malek, noted that the lot was a difficult one on which to build. She supported the validity of the variance noting that the Planning Commission in 1958 had given careful thought to the best placement for the house with the reduction in setbacks. Ms. Ahrens also noted that it was her understanding that Mr. Malek was not planning on requesting any further variances for this lot. Council discussed whether or not there was a stated policy regarding the length of time a granted variance was valid. It was suggested that if it was not clearly stated, it would be unfair to the applicant to inform him that such an action now had no validity. On the other hand, Siegel stated that in his opinion thirty years was clearly too long a period of time to not proceed with a project and to assume that all permits , etc. would remain in place forever. Council also discussed ( she difficulty of building on the particular lot under discussion. V _4_ 5/17/89 j 9/ . NEW BUSINESS: (continued) : MOTION FAILED DUE TO LACK OF A SECOND: Moved by Siegel that the variance granted in 1958 for Lot #1 , Tract 2043 had expired due to lapse of time of over a thirty year period in which no activity had taken place on lot and to encourage the applicant and the Site Development Committee to work together on the best location for the house on the lot. MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Casey and passed by the following roll call vote that the variance granted in 1958 for Lot #1, Tract #2043 was still valid and to recommend that the owner and developer of this lot work with the Site Development Committee and Planning Commission to carefully and sensitively design the project and to bring the project back to the Council if there were any problems. AYES: Mayor Johnson and Councilmembers Casey and Tryon NOES: Councilmember Siegel ABSENT: Councilmember van Tamelen Council discussed the issue of time limits on variances and conditional use permits as a result of the "Jacobson Rule" and stated the need for a clear policy statement on the time limits. 4MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Tryon and passed unanimously by all members present to direct staff to prepare an ordinance setting time limits on variances and conditional use permits. 2. Lands of Carse, 27125 Taaffe Road, appeal of condition to construct a path on Taaffe Road for building site approval Council had before them the Director of Public Works' staff report dated 5/11/89. This report included the notation that one of the conditions of the site approval for this property was the dedication of a pathway easement along the northwesterly property line in the area of the conservation easement. The report also included the comment that staff believed if the Council chose not to require the immediate construction of the pathway, the applicants should be required to make a payment in lieu of construction in the amount of $500. Mrs. Carse, applicant, asked for clarification of the conservation easement, what could be done in a conservation easement and a fish and game preserve and the requirement to place a pathway in the area of t the conservation easement. V -5- 5/17/89 NEW BUSINESS: (continued) : Dot Schreiner, Chairman - Pathways, Parks and Recreation Committee, agreed with Mrs. Carse's statement that originally they did not think the path could go in at this location. Mrs. Schreiner also noted though that Altamont to Taaffe was a real safety issue and something should be done to get a path in even if the Town had to share in the cost. She further commented that actually a path should be on both sides of Taaffe. Council discussed the importance of the pathway system in the Town, the option of an in-lieu payment and whether or not $500 was adequate, the importance of paths on both sides of Taaffe and the safety issue ' of this area. MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Casey and passed unanimously by all members present to require the applicants to make a payment in lieu of construction of the path in the amount of $500 and to direct staff to review this area of Taaffe (both sides) from all aspects especially the safety issue. 3. Request for comments on the Santa Clara County Hazardous Waste Management Plan and Draft Environmental Impact Report PASSED BY CONSENSUS: Council stated they had no comments on the it'unty' s Hazardous Waste Management Plan and Draft Environmental mpact Report. I . OTHER BUSINESS: 1. Reports from Standing Committees: 2. Reports from Ad Hoc Committees: a) Community Survey Casey commented on the card announcing the availability of the survey. Clarification was made of comments made at the last Council meeting regarding what pages of the survey would be made available at no charge to the residents (pages 4-30) and what directions should be given to the printer regarding the appearance of the card. It was noted that in addition to the mailing, an announcement would be included in the Town newsletter. Mrs. Elaine Dauber, 27930 Roble Alto, asked that a copy of the survey be sent to the libary. Council concurred with this request and it was noted that the library' s copy of the survey would include a notation that copies were available at Town Hall . -5- 5/17/89 LI. OTHER BUSINESS: (continued) : b) Matadero Creek Subcommittee Johnson reported that a meeting of the subcommittee had been held on May 16th. Comments would be forthcoming and this matter would be agendized for a future Council meeting. c) Town Newsletter It was reported that the subcommittee had met and was working on the newsletter. J. STAFF REPORTS: 1 . City Manager: The City Manager congratulated the City Clerk on her receipt of the award of Certified Municipal Clerk. MOTION SECONDEDAND CARRIED: Moved by Tryon, seconded by Casey and passed unanimously by all members present to formally commendate the City Clerk on her receipt of the award of Certified Municipal Clerk. 2. City Attorney: 3 . Director of Public Works: a) Report on request from Mr. DiConza to amend conditions of approval, Lands of Horn, Parcel Map 458M55 The Director of Public Works referred to his staff report dated 5/11/89 concerning his meeting with Mr. DiConza, Mr. Hom and Mr. Nelson (County Health Department) . In part this report stated that Mr. DiConza had been unable to persuade the Health Department that he had any actual feasible plans for mitigating the high water on the property and building a house which would be relatively assured of safe septic disposal. The agreement reached at the end of the meeting was that if Mr. DiConza chose to proceed, he would obtain the additional information to convince the Health Department and the Town of the feasibility of the development of the lot. 4. City Clerk: Report on Council Correspondence dated 5/11/89 5. Council Business: a) Congregation Beth Am Johnson reported that in response to a letter received from neighbors of Congregation Beth Am on the issue of noise, a meeting was scheduled n the near future with the parties involved to address the issue. -7- 5/17/89 jimT. STAFF REPORTS: (continued) : b) Altamont Road Johnson reported that the letter received concerning a safety issue on Altamont Road had been referred to the Safety Committee for a recommendation. c) Lane Delineators Tryon reiterated how well lane delineators work when placed on the center line. d) Spirit of the Hills Casey reported on how well the plans were going for the Spirit of the Hills event scheduled for September 23rd. This charity event was going to be held at the home of the Marcus ' and more information would be forthcoming. K. CLOSED SESSION: LITIGATION: Pursuant to Government Code Section 54957.8 The City Council adjourned to a Closed Session for litigation purposes at 9:07 p.m. and reconvened at 9:35 p.m. lime. ADJOURNMENT: There being no further new or old business to discuss, the City Council adjourned at 9: 40 p.m. Respectfully submitted, Patricia Dowd, City Clerk -8- 5/17/89