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HomeMy WebLinkAbout11/28/1988 L CITY COUNCIL AND PLANNING COMMISSION TOWN OF LOS ALTOS HILLS 26379 Fremont Road Los Altos Hills , California MINUTES OF AN ADJOURNED REGULAR MEETING Monday, November 28 , 1988 Mayor Johnson called the Joint Meeting of the City Council and the Planning Commission to order at 5 : 08 p.m. in the Council Chambers at Town Hall . A. ROLL CALL: Present: Mayor Johnson and Councilmembers Casey, Siegel , Tryon and van Tamelen and Planning Commissioners Carico, Emling, Jones , Kaufman, Noel , Patmore and Stutz (Carico arrived at 5 : 45 p.m. ) Staff: Acting City Manager Bill Ekern, City Attorney Frank Gillio, Planning Director Sally Lyn Zeff , Planning Technician Leslie Mullins and City Clerk Pat Dowd B. PLANNING COMMISSION MEETING MINUTES - PROPOSED MODIFICATIONS: (Item requested by Emling) Emling suggested that it might be more helpful if more information were transmitted to the Council concerning Planning Commission actions . This additional information could include a statement of why the Commissioners voted on a certain matter in addition to the roll call vote and the specific action taken. PASSED BY CONSENSUS: To place the Report from the Planning Commission before the Consent Calendar on the City Council agenda and to include statements in both the staff reports and the transmittal letters for consent calendar items referencing why the Commissioners voted in a certain way and what areas of concern were addressed. It was also noted that if Commissioners had particular matters they wanted brought to the Council ' s attention, they could either state they wanted a certain statement included in the minutes ' For the record' or they could request their Chairman to send a memo to the Council . Air C. REPRESENTATION OF PLANNING COMMISSION AT COUNCIL MEETINGS - PROPOSED MODIFICATIONS: (Item requested by Emling) Emling suggested that the Planning Commission representative to the City Council Meetings be allowed to make their report and then sit in the audience and not have to remain on the dias with the Council . It was agreed that this would be the procedure in the future and it was also noted that the Planning Commission representative to the Council meetings should be the one to comment, if asked, on planning issues . If another commissioner wished to speak on a subject it was , of course, acceptable to do so by speaking as a resident of the Town. It was also noted that if the representative wished to defer to another member of the Commission who was more knowledgeable on a certain subject, that was also acceptable. D. PROBLEMS WITH COUNCIL POLICY REQUIRING PLANNING COMMISSIONERS AND OTHERS TO TELEPHONE PROPERTY OWNERS BEFORE VISITING PROPERTIES SUBJECT TO PERMIT APPLICATIONS: (Item requested by Patmore) Casey stated that she had heard concerns expressed from people who had had Town officials on their property and had not known who they were. Both Casey and Tryon commented on the importance of one ' s privacy and supported notification prior to a visit by Town Officials. It was also reiterated that only properties which were inhabited were under discussion here. Commissioners commented on the problems incurred with having to phone ahead. People were not home and it was taking an inordinate amount of time to make the repeat phone calls to try and reach everyone involved. They also commented that applicants were advised that someone from the Town would be coming to their property so there really shouldn' t be any problems . Commissioners stated that they had also not expererienced any problems in the past in going on the properties . MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by van Tamelen and passed by the following roll call vote to direct the Mayor to work with the Town staff to develop a highlighted boxed area on the application form for permits which would notify the applicants that they would be visited by Town officials concerning their project and if they wished to be contacted before the visit they should check the appropriate box and include a phone number where they could be reached by the Town. It was further stated that the Council policy requiring phone calls prior to site visits would be suspended while this project was being worked on by the Mayor and the Staff . AYES: Mayor Johnson and Councilmembers Siegel and van Tamelen NOES: Mayor Pro Tem Casey and Councilmember Tryon -2- 11/28/88 NNW E. COMMENTS BY CITY ATTORNEY ON POSSIBLE CONFLICTS OF INTEREST FOR PLANNING COMMISSIONERS : (Item requested by Johnson) Mayor Johnson presented the following four questions for discussion regarding conflict of interest. 1. Is there any implicit difference between conflict of interest situations for Planning Commissioners and Councilmembers taking into account that the former are appointed by the latter, who are elected? The City Attorney' s response was ' no' . 2 . Do Planning Commissioners and Councilmembers have to disclose visits to sites made prior to hearings at the time of the hearings? The City Attorney referred to his report dated 8/3/88 on the subject of meetings with applicants or residents (a copy is on file at Town Hall) . In part this report states : 'A City Council acts in two capacities, one ' legislative ' and the other 'quasi-judicial ' . There is no legal prohibition against one or more Councilmembers meeting with a resident or other person having business with the Town to discuss the matter or to inspect specific properties . However, it is the judicial function which may be impacted by meetings of the type previously described. If the matter discussed is one which will be the subject of a later public hearing, it could be claimed that the individual Councilmember or members had taken evidence outside of the hearing and which was not available to other members . If this situation arises then it is necessary that the Councilmember involved advise the remaining members and administrative staff , in writing, of any information provided, or received, or decision made during the meeting in order that the other members may be made aware of it and it be a part of the hearing. ' 3 . Is there conflict of interest for Planning Commissioners who approach outside agencies privately, advocating a particular position and who then have to hear the cases? The City Attorney responded that a Commissioner would have to decide if they could provide due process and give a fair hearing to a project. If a project were challenged, the court would then decide whether or not a fair hearing had been held. The City Attorney also noted that after a hearing is held, on the assumption that it would not go back to the Commission at a later time , a Commissioner could address an issue as a resident. 4 . Does the Planning Commission ever have the authority to communicate with outside agencies without the communication being approved by the full Council? The response was that it was Council policy that all such communications should go through the Council . -3- 11/28/88 Casey referred to the Council policy that a Councilmember, Commissioner or Committeemember could not vote on a project within 300 ' of property they owned and asked why Commissioner Emling had voted on the Lands of Bellucci which was within 300 ' of his property. Commissioner Emling stated that it was his understanding that the decision on whether or not to vote on such an issue was up to him. F. PRESENTATIONS FROM THE FLOOR: G. NEW BUSINESS: 1. Commissioner Kaufman invited all Councilmembers to attend the Commission' s meeting scheduled for Wednesday, November 30 , 1988 on the Quarry Hills Project. 2 . Commissioner Patmore expressed her appreciation to the Mayor for the increased communication between the Council and the Planning Commission. 3 . Commissioner Patmore asked for clarification of abandonment of conservation easements and the City Attorney stated that he would provide a written report on the subject. H. ADJOURNMENT: There being no further new or old business to discuss , the City Council and Planning Commission adjourned at 7 : 30 p.m. Respectfully submitted, Patricia Dowd, City Clerk lbmw -4- 11/26/88