03/21/2002 (2) - Laserfiche WebLink

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• The City Attorney referred to a letter received from the law firm of Shute, Mihaly and Weinberger which included the statement that "the Carse project, as proposed, not only contravenes key policies in the General Plan but also violates the State Streets and Highways Coded and CEQA, thus rendering the town vulnerable to legal challenge". In view of this correspondence which had been received just prior to this Council Meeting, the City Attorney recommended that a negative declaration be prepared for this project and additional public hearings be scheduled. Council concurred with legal counsel but agreed to take public input at this meeting. Sandy Carse, applicant, stated that they had submitted a petition from many neighbors concurring with the request to vacate the pathway. Mrs. Carse expressed her concerns about safety, liability issues, maintenance of wildlife corridor and privacy. She believed this path was redundant and this area was in a conservation easement. The following addressed the Council in support of vacating the path on Lands of Carse: Sheri Najafy, 26645 Altamont Road; Carol Petty, Almaden Court; Al Whaley, 26925 Taaffe; DuBose Montgomery, 27464 Altamont; and Charlene Geers, 12742 Leander. They cited privacy and safety concerns and noted that this path was redundant and other access options were available. Mr. Montgomery, a member of the Pathways Committee, commented that there was division on the committee regarding what should be done with this path. Charlene Geers also commented that there was no path on this property when the Carses bought but it was required when they built. • The following addressed the Council stating their opposition to vacating the path on Lands of Carse: Nancy Ewald, Co-Chairman of the Pathways Committee; Dot Schreiner, 14301 Saddle Mountain; Les Earnest, 12769 Dianne Drive; Scott Overstreet, 13851 Fremont Pines; Ginger Summit, 13390 Lenox Way; Jolon Wagner, 26786 Robleda; Sid Hubbard, 25528 La Loma Drive; Bob Stutz, 25210 Elena; Dan Alexander, 27200 Elena; and John Dukes, Lupine Road. Ms. Ewald commented that this path connected two recreation area in Town and the Town had all but one of the easements to complete the route. Dot Schreiner referred to the letter from Rachel Hooper of Shute, Mihaly and Weinberger. This firm had been retained to represent the Committee for the Preservation of Los Altos Hills on matters relating to the Town's land use planning, and particularly its trail and pathway system. Mrs. Schreiner as a member of this committee, expressed their concerns about the Town's failure to follow the law and due process. Sid Hubbard concurred with Mrs. Schreiner's comments. Les Earnest concurred with the statement that this path was a connector to recreation areas in Town and stated that paths were located in many conservation easements in Town. Ginger Summit believed this was a piecemeal approach and this issue of vacation of a path should be deferred until the entire path issue and path map was reviewed. Bob Stutz raised the issue of safety especially fire safety.in that these paths were often used as emergency access roads. Council thanked everyone for their input and stated that they would be following the City Attorney's recommendation for further review and public hearings on this issue. March 21, 2002 Regular City Council Meeting 9