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HomeMy WebLinkAbout04/18/2002 (2) r� Minutes of a Regular Meeting April 18, 2002 Town of Los Altos Hills . City Council Regular Meeting Thursday, April 18, 2002, 6:00 P.M. Council Chambers, 26379 Fremont Road 1. CALL TO ORDER AND ROLL CALL Mayor Casey.called the Regular Meeting of the City Council to order at 6:05 p.m. in the Council Chambers at Town Hall. Present: Mayor Casey and Councilmembers Cheng,Fenwick, Finn and O'Malley Absent: None Staff: City Manager Maureen Cassingham, City Attorney Sandy Sloan, City Engineer/Director of Public Works Mintze Cheng, Planning • Director Carl Cahill,Administrative Services Director Sarah Joiner and City Clerk Pat Dowd Press: Liz Cloutman, Los Altos Town Crier; Chuck Carroll, San Jose Mercury Casey stated that on behalf of the City Council she wanted to.publicly condemn the arson at the Orthodox Church of the Redeemer on Magdalena. Such activities were a true tragedy and were not to be condoned. The City Manager noted that a reward had been posted, a website had been established on the restoration of the church and an account had been established at the Bank of America for anyone who wished to make a donation. It was suggested that the press include this information in their publications. Casey also noted that since many were present to address the issue of the Carse pathway she was moving Item 6.3 to 11.3. 2. APPOINTMENTS AND PRESENTATIONS 2.1 Appointments to the Emergency Communications.Committee the Los Altos Library Commission and to the position of Exhibit Curator 'i April 18, 2002 Regular City Council Meeting 1 Paul Simon, 12271 Windsor Court, noted his interest in serving on the Emergency Communications Committee and commented that he had been involved in ham radio activities since 1966. MOTION SECONDED AND CARRIED: Moved by Finn, seconded by Fenwick and passed unanimously to appoint Paul Simon to the Emergency Communications Committee for a four year term. Maura Winkler, 12365 Stonebrook Court, noted her interest in contributing to the community and her particular interest in serving on the Los Altos Library Commission. MOTION SECONDED AND CARRIED: Moved by Cheng, seconded by Finn and passed unanimously to,appoint Maura Winkler to the Los Altos Library Commission to fill an unexpired term ending in October 2005. Stacey Russakow, 26890 Alejandro, commented that she was an art teacher at Pinewood School and a graphic designer by profession. She had also grown up in Los Altos Hills and really interested in serving as the Exhibit Curator. MOTION SECONDED AND CARRIED: Moved by O'Malley, seconded by Finn and passed unanimously to appoint Stacey Russakow as Exhibit Curator. 3. PLANNING COMMISSION REPORT The Planning Director reported that the following items were discussed at the April 11, 2002 Planning Commission Meeting; 1) recommended approval of draft Housing Element — public hearing on this set for 5/2/02 Council Meeting; 2) Lands of Dubey, 26475 Ascension Drive: request for a site development permit for a new residence — continued; 3) Lands of Montebello Development, 27855 Moody Road: request for a site development permit for a landscape screening plan and re-vegetation plan— approved; 4) report from the Municipal Code and Policy Review Committee on outdoor lighting, landscaping, structure colors and materials and siting—continued for further discussion; and 5) initial study and negative declaration for the Tracy Court Bridge Replacement Project—recommended approval—on 4/18/02 Council agenda. Casey noted that two Planning Commission appointments would be made at the June 20, 2002 Council Meeting. Carl Cahill's term and Carol Gottlieb's term were completed the end of June. Planning Commissioner Cottrell had been appointed in 1999 to fill and unexpired term and Planning Commissioner Gottlieb was completing her second term. 4. CONSENT CALENDAR MOTION SECONDED AND CARRIED: Moved by Finn, seconded by Cheng and passed unanimously to approve the Consent Calendar, specifically: April 18, 2002 Regular City Council Meeting 2 4.1 Approved Minutes: March 21, 2002 (Special Meeting) March 21, 2002 (Regular Meeting) April 4, 2002 (Special Meeting) April 4, 2002 (Regular Meeting) 4.2 Approved Warrants: $314,033.48 (3/28/02—4/10/02) 4.3 Awarded Certificate of Appreciation: Harry Emerzian, Pathways Committee 4.4 Accepted report on Community Development Block Grant Funds 4.5 Approved request for proposal for Consulting Services for Evaluation of the Public Works Maintenance Division 4.6 Approved negative declaration and initial study for the Tracy Court Bridge Replacement Project 5. UNFMSHED BUSINESS 5.1 Update on Mayor's Goals 1) Break ground for a new Town Hall funded by resident donations. John Goldman, architect, presented color renderings of the proposed Town Hall as well as site plans and building floor plans. Council discussed the plans before them. The proposed new Town Hall was California Mission in style and approximately 7,000 square feet. It was proposed that the Heritage House would be moved to another site and the Purissima Hills Water District would be relocated on the property. Finn and O'Malley questioned the use of walls in the building floor plans. They supported the use of modular cubicles to encourage openness and flexible use of space. Finn also questioned the lack of more parking. The issue of cost was also discussed. The estimate of $2.4 million was suggested with $500,000 for site work and 10% of total amount for `soft' costs. Mr. Goldman stated that there were also three levels of earthquake structural requirements available which affected the total cost of the project. Sid Hubbard, 25228 La Loma Drive, expressed his concern about the direction that Council was going. He believed that Town funds would be used for this project and that there should be a citizens committee for review of the proposed project. Council noted that in the beginning of this process the architect had met with and received input from all of the committees, staff, the Purissima Hills Water District and the Sheriff's Department. April 18, 2002 Regular City Council Meeting 3 PASSED BY CONSENSUS: To approve the style of the proposed new Town Hall including additional parking and a higher bell tower and to direct staff to start the environmental review process for the project including additional parking. It was further agreed that Casey and Fenwick would continue their discussions with John Goldman regarding the use of walls vs. cubicles and cost. 2) Complete the building and planning fee study and revise fees in accordance with State law. The revised fee study was discussed at the April 18th Council Meeting and the City Attorney was directed to prepare a report on State Law requirements for establishing fees. 3) Implement a Resident Customer Satisfaction Survey Program. This survey was implemented by the Planning Department on September 1, 2001. Surveys received will be provided to Council with each Council packet. 4) Complete an analysis of all Town codes, policies and ordinances for consistency,relevance and conformance with the General Plan. The Municipal Code and Policy Review Committee made a presentation of their final report to the Planning Commission on April 11, 2002 regarding house siting, colors, landscaping and outdoor lighting. This issue was continued to a future Planning Commission Meeting for further discussion. Council agreed that a study session including the Council and Planning Commission and the Municipal Code and Policy Review Committee would be scheduled to review these issues. 5) Have broadband internet access available to all residents Pac Bell remains on schedule to complete Project Pronto,their DSL project serving Los Altos Hills, by the end of this year. The first of their two gateways (vaults)has been completed and it serves 972 homes. The second gateway will serve 1,343 homes for a total of 2,315 residences and it will be in service on or before December, 2002. 6) Adopt and implement a town pathway policy which includes a specific .five- year program for the new construction of along side the road paths and a plan which improves the maintenance and materials of current town pathways. Council_agreed that a Public Hearing on the new path map would be scheduled for j the June 6th Council Meeting. The materials mailed to residents would include a copy of the proposed map as well as the recommendations from the Pathways Committee and the Planning Commission. The map would show clearly the red April 18, 2002 Regular City Council Meeting 4 links (off road path easements taken but no path) and the orange links (no • easements. but approved on 1981 Master Path Plan) At the 5/16/02 Council Meeting, the Council would review these recommendations and approve the wording for the Town-wide mailing on this issue. 7) Complete the review of setbacks and height limits and revise town ordinances accordingly. A public hearing was scheduled for the April 18, 2002 Council Meeting. Council comments will go back to Planning Commission for review and recommendation. 8) Continue to explore alternatives to underground all utilities in Los Altos Hills. The City Attorney and Councilmember O'Malley met to discuss the election - schedule and ballot wording. The suggestion was made and Council agreed that a study session should be held to discuss specifically what Council wanted to do regarding the issue and what they wanted to present to the voters. Per the Election Calendar, Council had until August to make these determinations. 9) Adopt a plan for the highest and best use of town property for all town residents. (Los Altos Hills owns 27 parcels totaling 168.04 acres of unused and/or underutilized property.) A Special Meeting of the City Council and Finance/Investment Committee and Parks and Recreation Committee was held at 5:00 p.m. on April 18th to discuss Town-owned properties. The discussion focused on the following properties: Westwind Barn, Byrne Preserve, O'Keefe and Story Hill/Page Mill. It was agreed that O'Malley would contact the Nature Conservancy to see if moving Westwind Barn onto the Preserve would be in accordance with their restrictions on the property. Regarding the -O'Keefe property it was noted that discussions were ongoing with Caltrans regarding the quitclaim deed. Council directed staff to obtain an appraisal on the Story Hill property and also directed the City Attorney to prepare a report on the restrictions and process for selling Town land. 10) Approve a five-year capital spending budget to assure the infrastructure of the Town is sound. Completed An additional goal was added: 11) Joint Meeting of the City Council and Planning Commission A Joint Meeting of the City Council and Planning Commission was conducted on Thursday, December 6th at 6'00 p.m. This meeting was a Study Session to review planning issues. April 18, 2002 Regular City Council Meeting 5 • 12) Data Base for Emergency Emails The City Clerk reported this contact program was currently on her computer, the City Manager's computer and would also be placed on a computer in the Heritage House. Presently the computer consultant was developing the instructions for implementing this program. Council agreed that another mailing would be done to see if additional residents were interested. It was also agreed that the new Emergency Services Committee would review this contact program to determine exactly what kind of emergencies constituted an emergency. 5.2 Results of Development Fee Review The Administrative Services Director presented her report on the analysis of the building permit fees. At the March 21, 2002 Council Meeting Maximus, Inc. presented their report on the development fee review which included a description of the work performed, methodology for determining the cost of providing service, findings, and recommendations for adjusting fees. At that meeting Council had directed staff and the consultant to prepare a report showing the fees charged for building permits for actual projects and to compare the amount of those fees to the cost of providing the related service. The report before Council showed that the planning fees were on the low side • but the building fees were high. Casey noted that State Law prohibited charging an applicant more than the reasonable costs to complete a project. She also noted that overall projects such as General Plan Updates and Records Management could not be subsidized by building fees. PASSED BY CONSENSUS: To continue the review of the development fees and to direct the City Attorney to prepare a report on what the State Lawrequirements were regarding fees. 5.3 Request to vacate a 20-foot wide portion of Stonebrook Avenue right of way,Lands of Laura Court Association, 28008 Laura Court A letter had been received from the applicant requesting continuance of this item. Council noted that this issue had beendiscussed at a public meeting at the February 21, 2002 City Council and after a two/two vote the matter was continued to a meeting of the full Council. Council did not agree to the request for continuance. MOTION SECONDED AND CARRIED: Moved by Finn, seconded by Cheng and passed by the following roll call vote to adopt Resolution#47-02 declaring the intention not to vacate a portion of the public easement for right of way, Lands of Laura Court Associates, 28008 Laura Court. April 18, 2002 Regular City Council Meeting 6 • AYES: Councilmembers Cheng, Finn and O'Malley NOES: Mayor Casey and Mayor Pro Tem Fenwick 5.4 Pathways Study Sessions Update See discussion under Item 5.1. Update on Mayor's Goals: Goal Number 6. Dot Schreiner, 14301 Saddle Mountain Drive, stated that the map under discussion was incomplete. Hugh March, 13101 La Paloma Road, suggested numbering the path recommendations for clarification. 6. NEW BUSINESS 6.1 Approval of design development amendment to. agreement for Architect Services with Goldman Architects --Reso# MOTION SECONDED AND CARRIED: Moved by Finn,-seconded by O'Malley and passed unanimously to adopt Resolution #48-02 approving and authorizing amendment number one to the agreement for professional services between the Town of Los Altos Hills and Goldman Architects. 6.2 Town Hall Project and Purissima Hills Water District Office Space Fenwick stepped down from consideration of this item. Dan Seidel, member of the Board of Directors, Purissima Hills Water District, stated that the District had been in the current building for forty years. The land had been donated for public use and their building had been built with their own funds. For the last fifteen years they had been paying rent to the Town and currently this rent was $550/month. Mr. Seidel noted that at their April 10th Board Meeting several issues relating to a District office in the new Town Hall complex were discussed. The District would prefer-to design and construct its own architecturally compatible office building, up to 1,800 square feet, located near Esperanza. They anticipate that they would negotiate a new ground lease in advance of the design. They would obtain public input and had experience in projects such as this. Finn referred to the cost of the land and the fair cost of rental. Casey stated that it was an economic issue for the Town and she also stated that if the District building was part of the complex she would want John Goldman to be the architect. PASSED BY CONSENSUSwith Mayor Pro Tem Fenwick abstaining):( Y g): To schedule a closed session on negotiations with the Purissima Hills Water District, to direct staff to obtain more economic information on the property and to establish a sub-committee of • the Council (Cheng and Finn)to work with the City Manager on this matter. April 18, 2002 Regular City Council Meeting 7 • 6.3 Approval of negative declaration for an amendment to the Town's General Plan Pathway Element Master Path Plan of 1981 deleting a local off-road pathway route and vacating of a public off-road path easement located at 27125 Taaffe Road Resolution of the City Council of the Town of Los Altos Hills initiating proceedings and setting a public hearing regarding vacation of a public pathway and trail easement—Reso # This item was moved to 11.3. 7. REPORTS FROM -COMMITTEES, SUB-COMMITTEES, AND COUNCILMEMBERS ON OUTSIDE AGENCIES 7.1 Valley Transportation Authority Cheng reported that she had attended a meeting at which reduced funding for projects was discussed as a result of reduced sales tax. The VTA was readjusting its budget to reflect this reduction of funds. Cheng commented that these changes did not directly affect the Town and she had voted along with her colleagues on the VTA Board. She asked if Council wanted to be advised prior to her voting on these matters. Council agreed that she did not need to bring these issues back to Council. • 7.2 Community Relations Committee Fenwick reported that the committee was working on the plans for the upcoming Town Picnic and he would be asking the Town volunteers at the dinner on Friday night to sign up to help with this event. 7.3 Pathways Committee O'Malley raised the issue of_the Special Meeting of the Pathways Committee held last night. He noted that the issue of the Carse path was on the agenda as well as election of chairman/vice-chairman. DuBose Montgomery stated that he wanted to be considered for appointment as- chairman and this vote was taken. It was also voted to elect Charlene Geers as Vice-Chairman. The question was raised whether or not this could be done because according to the Town's resolution on committees appointments to chairmen/vice-chairmen were made in July of each year. O'Malley stated that the tone of the meeting was difficult and there was discord on the committee. He did not think this was a good way to treat volunteers. Casey stated that she had asked that the Pathways Committee hold a special meeting prior to the April 18th Council Meeting to make a recommendation on the Carse path issue. DuBose Montgomery had asked that the election of chairman/co-chairman be • April 18, 2002 Regular City Council Meeting 8 added to the agenda. Casey further stated that there was no precedent for appointing in • July. Les Earnest had been appointed Chairman in July of 1998; Diane Barrager and Scott Vanderlip in August, 1998; Scott Vanderlip,Nancy Ewald and Harry Emerzian in May, 2000; and Ginger Summit in November, 2001. Also it had never been enforced that a chairman held the position for one year as stated in the resolution. Casey also noted that no one was asking Nancy Ewald and Ginger Summit to no longer be on the Pathways Committee. There was simply anew majority on the committee which had a different philosophical approach. The City Attorney recommended that the Council decide if they wished to bless the action taken by the Pathways Committee at last night's meeting and also decide if they wanted to review the current resolution on committees to modify sections on appointments, etc. Fenwick and Finn stated that the current resolution was not clear and should be reviewed to give clear direction to committees on who calls meetings, sets agendas, etc. O'Malley also concurred that the committees needed to be given clear direction. In his opinion this current situtation was a political decision and had resulted in hard feelings. When the next new majority takes over, another vote will be taken. MOTION SECONDED AND CARRIED: Moved by Finn, seconded by Casey and passed by the following roll call vote to ratify the action taken at the 4/17/02 Special • Meeting of the Pathways Committee naming DuBose Montgomery as Chairman of the Committee and Charlene Geers as Vice-Chairman. AYES: Mayor Casey and Councilmembers Fenwick and Finn NOES: Councilmember O'Malley ABSTAIN: Councilmember Cheng ABSENT: None PASSED BY CONENSUS: To direct staff to bring back the resolution on Town committees for Council review. 8. STAFF REPORTS 8.1 City Manager 8.2 City Attorney 8.3 City Clerk 8.3.1 Report on Council Correspondence 9. COUNCIL-INITIATED ITEMS April 18, 2002 Regular City Council Meeting 9 • 10. PRESENTATIONS FROM THE FLOOR Duffy Price, 26435 Anacapa, reminded everyone of the Earth Day Events scheduled for Sunday,April 21"at Westwind Barn and invited all to attend. Nancy Ewald, Pathways Committee, stated that a special meeting of the Pathways Committee had been scheduled for April 17th and at that meeting she and Ginger Summit had been voted out as Co-Chairmen of the committee and DuBose Montgomery was named Chairman and Charlene Geers as Vice Chairman. Mrs. Ewald questioned what the procedures were for scheduling of meetings and voting for chairmen. She also asked if this had been a violation of the Brown Act. Sid Hubbard, 25228 La Loma Drive, stated that he had attended the Pathways Committee meeting last night and found it to be unbelievable that a meeting had been called and item added regarding election of chairman and vice chairman without the current co-chairmens' knowledge. Mr. Hubbard stated that Nancy Ewald and Ginger Summit were good, helpful,, hard working volunteers and this this meeting had been carefully orchestrated and involved petty politics. Dan Alexander, 27200 Elena, concurred with Sid Hubbard. He noted that he had been attending meetings in Los Altos Hills since 1966 and he found the behavior at last • night's Pathway Committee Meeting a disgrace. Dot Schreiner, 14301 Saddle Mountain, concurred with Sid Hubbard and Dan Alexander. She noted that the Pathway Committee Meeting moved forward even though Councilmember O'Malley had noted the City Attorney's reference to the Town resolution stating that election of Chairmen, Vice Chairmen should be made in July of each year. Mrs. Schreiner believed this behavior sent a bad message to other volunteers in Town. Ginger Summit, Pathways Committee, stated that she believed last night's special meeting had been orchestrated by the Mayor and maybe others and the new members of the Pathways Committee and she thought this was inappropriate. Mrs. Summit believed-that what was legal, ethical and decent should guide behavior. Bob Stutz, 25310 Elena Road, referred to the letter he had sent to the Editor of the Town Crier. Once again he asked the Mayor what her data base was for her comments regarding safety issues on the Town's paths. Mr. Stutz noted that no incidents were in the Sheriff's records and he also reiterated that the Fire Department used Town paths as access to properties. Bob Clifford, 25240 Cantata Way, supported the previous comments made about the actions at the.Pathways Committee last night. He had lived in Los Altos Hills and was -ashamed at this behavior. If there had been a violation of the Brown Act he believed it • should be investigated. April 18, 2002 Regular City Council Meeting 10 11. PUBLIC HEARINGS 11.1 Request for a site development permit and a conditional use permit for the placement of three panel antennas on an existing pole and ten equipment cabinets within an existing telecommunications facility and approval of a negative declaration, Lands of Foothill College/Metro PCS, 12345 El Monte Road This application had been continued from the February 21, 2002 City Council Meeting so that it could be heard by a full Council. The Planning Director noted that the applicant wanted to co-locate on an existing pole and the application met Town's Codes. The Planning Commission recommended approval. Al Jackson, 26088 Duval, reiterated his concerns about this application and asked Council not to support this request. He noted this pole was put in originally by Foothill College without permit and the added antennas were an eyesore and detrimental to their property values. Fred Mueller, 26075 Duval, stated that there were already enough antennas and available cellular access. He did not believe this was a well thought out plan and was detrimental to their property values. • Julie Walker, representing Crown Castle, commented that they would be removing the brackets when they received their building permit and would also be putting in landscaping to screen the project. MOTION SECONDED AND CARRIED: Moved by Fenwick, seconded by Finn and passed by the following roll call vote'to approve the request for a site development permit and a conditional use permit for the placement of three panel antennas on an existing pole and ten equipment cabinets within an existing telecommunications facility and approval of a negative declaration, Lands of Foothill College/Metro PCS, 12345 El Monte Road, subject to the conditions of approval as recommended by the Planning Commission and with the following two added conditions: 1) removal of brackets prior to issuance of building permit; and 2) installation of three 15' trees with the applicant discussing the siting of these trees with the neighbors. AYES: Mayor Casey and Councilmembers Fenwick and Finn NOES: Councilmembers Cheng and O'Malley O'Malley stated that this was a new cellular company and there was no negative impact if it was not-installed. Furthermore, he noted that this pole had been put in by Foothill College without benefit of permit from the Town and the neighbors had not been given an opportunity to give their input. Cheng concurred with O'Malley. • April 18, 2002 Regular City Council Meeting 11 • 11.2 Proposed Planning Commission recommendations for modifying Town height and setback standards to encourage diversification of architectural styles and increased setbacks for taller homes The Planning Commission recommended that the City Council allow a maximum building height of 32' under the following conditions: 1.) The side and rear setbacks shall be increased from 30 to 45' and the front setback shall be increased to 60': 2.) The current maximum overall building height of 35' shall not be exceeded. 3.) The maximum continuous wall height shall not exceed 27'. 4.) Only sloped roof surfaces with a minimum roof pitch of 4:12 shall be permitted to exceed 27' in maximum height. Any sloped roof area must terminate at a ridge above 27'. 5.) Dormer rooflines shall not exceed a maximum height of 27'. 6.) Planning Commission review shall be required for any project wishing to make use of the increased height setback allowance. 7.) Any proposed new or remodeled structures may utilize the exiting setback requirements of 30' side and rear yard and 40' front yard. However, the current maximum building height of 27' shall not be exceeded and the maximum allowable continuous wall height shall not exceed 25' (currently 27')for structures located at the 30 and 40' minimum setbacks. The following addressed the Council in favor of the proposed ordinance: Adam and Tina Siever, 27869 Saddle Court and Christine Bowes, 112859 Normandy Lane. Pauline Navaro, 12374 Melody Lane, stated that they were in the process of doing their building plans and she found this all very confusing. She just wanted to be sure this ordinance would not,reduce.-their development area. Dot Schreiner, 14301 Saddle Mountain, referred to numbers from the last Town survey. In that survey 724 had said that the 27' height was right and 173 thought it was too permissive. 78% had said heights should be restricted to protect views. Also 75% had said there should be greater setbacks required for larger homes. Walter Chapman, architect, said that the trend in Los Altos Hills had been to put in flat roofs right up to the allowed 27' which gave an impression of bulk. This ordinance would give applicants an incentive not to build the flat roofs. Bill Maston, architect, noted that this ordinance would add variety and benefit of style to the architecture in Town. Carol Gottlieb, 24290 Summerhill, had two concerns. First, one acre lots would have no option for siting. All houses would be in a row in the middle of the lots. Second, 32' would obstruct exiting views. April 18, 2002 Regular City Council Meeting 12 Lysbeth Goodman, 11989 Rhus_Ridge Road, commented that greater setbacks would allow more opportunity for landscaping. Janet Vitu, Planning Commissioner, noted that the Planning Commission had met with local architects three times to discuss this proposed ordinance. Council agreed with the proposed ordinance but Casey and Finn did not think Planning Commission review was necessary. The believed the Town was providing incentives for applicants to move their houses back and if they wanted to do this they should not have to go through the added step of Planning Commission review. The fast-track process should be in place. The Planning Director suggested keeping this Planning Commission review in place for one year but Council agreed that an application would only go to Planning Commission if neighbors had concerns or if the Planning Director at his discretion thought it should.. MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Finn and passed unanimously to delete recommendation number six. PASSED BY CONSENSUS: To change `25' to `27' in recommendation #7 and to clarify the issue of proportionality. MOTION SECONDED AND CARRIED: Moved by Finn, seconded by O'Malley and • passed unanimously to send the amended recommendations back to staff for environmental review and to then schedule Planning Commission and City Council public hearings ori-the ordinance. 11.3 Approval of negative declaration for an amendment to the Town's General Plan Pathway Element Master Path Plan of 1981 deleting a local off-road pathway route and vacating of a public off-road path easement located at 27125 Taaffe Road Resolution of the City Council of the Town of Los Altos Hills initiating proceedings and setting a public hearing regarding vacation of a public pathway and trail easement—Reso # Sandy Humphries, Environmental Design and Protection Committee, asked if this easement could be maintained as a wildlife easement. She believed this would be a win/win situation for the Town. She also noted that if this were done then the easement could not be fenced off in the future. Sid Hubbard, 25228 La Loma Drive, had a procedural question regarding land use decisions, input from the public and the legal responsibilities of the Council. The City Attorney stated that at the May 16'' public hearing the Council would be making a quasi-judicial decision on the Lands of Carse but at this meeting the issues • before them on this item did not result in quasi-judicial decisions. April 18, 2002 Regular City Council Meeting 13 Dot Schreiner, 14301 Saddle Mountain Drive, stated that a key issue was that there were 17 miles of existing off-road paths in Town and 15 miles of easements without paths. The Carse easement was one of the important routes and Mrs. Schreiner did not think the Carses should be given preferential treatment. In her opinion Council should not make a decision on this request before looking at the whole path issue in Town. Les Earnest, 12769 Dianne Drive, referred to the letter he had submitted to Council on this issue. He stated that this path had been on the Master Path Plan since 1966 and the purpose of the path was to connect two vital recreational areas (Byrne Preserve to Little League Fields/Town Ring/Fremont Hills Country Club). Bill Downey, 14330 DeBell, commented that off-road paths should be cherished as they were one of the Town's amenities. He also believed alternatives existed to this request for vacation of the path before Council. Mr. Downey further commented that one of the Councilmembers had an issue on her property of an off-road path and he believed she should step down from consideration of this item. Bob Clifford, 25240 Cantata Way, stated his opposition to any change of easements in the Town. He believed that the Carses knew when they purchased the property that the easement was there. At a minimum he agreed that the easement could be maintained as a wildlife corridor and cautioned Council that whatever action they took tonight would impact the future. Casey stated that there was not an easement when the Carses bought the property. She further commented that all the neighbors supported this request for approval of a negative declaration as well as the Planning Commission and staff. . The key issues were privacy and safety and Casey believed this was a reasonable request. MOTION SECONDED AND CARRIED: Moved by Finn, seconded by Cheng and passed by the following roll call vote to approve the negative declaration for an amendment to the Town's General Plan Pathway Element Master Path Plan of 1981 deleting a local off-road pathway route and vacating of a public off-road path easement located at 27125 Taaffe Road AYES: Mayor Casey and Councilmembers Cheng, Finn and O'Malley NOES: Mayor Pro Tem Fenwick Fenwick questioned the process of having a negative declaration prepared on this issue. MOTION SECONDED AND CARRIED: Moved by Finn, seconded by Cheng and passed by the following roll call vote to adopt Resolution#49-02 initiating proceedings and setting a public hearing regarding vacation of a public pathway and trail easement. AYES: Mayor Casey and Councilmembers Cheng and Finn NOES: Mayor Pro Tem Fenwick and Councilmember O'Malley April 18, 2002 Regular City Council Meeting 14 O'Malley believed this matter should be deferred until the new path master plan was discussed. 12. CLOSED SESSION: PERSONNEL: PURSUANT TO GOVERNMENT CODE SECTION 54957: PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Cily Manager The City Council adjourned to a Closed Session for Personnel at 10:15 p.m. and reconvened at 10:30 p.m. 12.A.REPORT OUT OF CLOSED SESSION Council returned to open session to report, if necessary, any actions taken. PASSED BY CONSENSUS: To direct the amendment to the City Manager's contract to reflect a 6% salary increase retroactive to 3/l/02 to be placed on the May 2, 2002 Council agenda. 13. ADJOURNMENT There being no further new or old business to discuss,the City Council Meeting was adjourned at 10:32 p.m.- • Respectfully submitted, .. Patricia Dowd City Clerk The minutes of the April 18, 2002 Regular City Council Meeting were approved at the May 2, 2002 Regular City Council Meeting. - April 18, 2002 Regular City Council Meeting 15