Loading...
HomeMy WebLinkAbout10/17/2002 Minutes of a Regular Meeting October 17, 2002 Town of Los Altos Hills City Council Regular Meeting Thursday, October 17, 2002, 6:00 P.M. Council Chambers, 26379 Fremont Road 1. CALL TO ORDER, ROLL CALL AND PLEDGE OF ALLEGIANCE Mayor Fenwick called the Regular Meeting of the City Council to order at 6:00 p.m. in the Council Chambers at Town Hall. Present: Mayor Fenwick and Councilmembers Casey, Cheng, Finn and O'Malley. Councilmember Finn attended the meeting via teleconferencing from Denver. Absent: None Staff: City Manager Maureen Cassingham, City Attorney Steve • Mattas, City Engineer/Director of Public Works Mintze Cheng, Planning Director Carl Cahill, Administrative Services Director Sarah Joiner and City Clerk Pat Dowd The City Manager reported that additional seating for 100 had been provided for tonight's meeting by putting a tent up in the parking lot. This action was taken to provide for the expected overflow crowd. The tent had also been put up for the September 26th Planning Commission Meeting at which the pathway issue was discussed MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Cheng and passed unanimously to limit the length of time for public comment to three minutes. Casey commented that she had attended the League of Women Voters Candidates Night held at Town Hall on October 16, 2002 and she wanted to state publicly that she thought the format of the evening was totally inappropriate. She noted that the Purissima Hills Water District was given the time to make a presentation on issues which included real estate negotiations underway with the Council. In addition the first two questions given the candidates related to Purissima Hills Water District issues. Casey further commented that the entire evening was only one and a half hours long and the discussion regarding the water district lasted thirty minutes. Casey October 17, 2002 Regular City Council Meeting 1 also noted that this presentation by the water district had not been advertised by the League of Women Voters. She asked that a new business item be put on a future Council agenda stating that no such future meetings will be held without proper notice and agenda. Casey also requested that a Town-wide mailing be sent as soon as possible stating the actions taken at the last Council Meeting on the issue of Town-owned properties. She noted that there seemed to be some confusion in Town regarding this issue and she believed a statement of what the Council had approved would help clarify-the issue. The City Attorney cautioned that the notice must be strictly objective and could.not be approved by all Councilmembers unless it came back to the next Council Meeting for approval. MOTION SECONDED AND CARRIED: Moved by Casey, seconded by 'Finn and passed unanimously.to direct staff to send out:a Town-wide notice as soon as possible on the recent Council adoptedresolution on Town-owned properties. It was further agreed that a sub-committee_ of the Council (Fenwick .and O'Malley) would be appointed to approve the notice before it was sent. 2. APPOINTMENTS AND PRESENTATIONS 3. PLANNING COMMISSION REPORT The Planning Director reported on the following items discussed at the 10/10/02 Planning Commission Meeting: 1) Lands of Poole, 26041 Moody Road: request for a lot line adjustment — recommended approval; and 2) Lands of Seiver, 27869 Saddle Court: request for a site development permit for a 503 square foot addition and. a variance to exceed the 27 foot maximum.height allowed—approved. 4. CONSENT CALENDAR Item Removed: 4.1 (Fenwick) MOTION SECONDED AND CARRIED: Moved by O'Malley, seconded by Cheng and passed unanimously to approve the balance of the Consent Calendar, specifically: 4.2 Approved Warrants: $59;561.89'(9/28/02— 10-08/02) 4.3 Accepted the traffic stripes and pavement marking project CIP02-03, Chrisp Company—Reso#97-02 4.4 Accepted dedication of right-of-way; Lands of Taaffe, LLC, 26279 Taaffe Road—Reso #98-02 October 17, 2002 Regular City Council Meeting . 2 4.5 Awarded contract for 2002-2003 Weed Control Program— Reso #99-02 4.6 Authorized City Manager to execute a Certificate of Acceptance to accept a Quitclaim Director's Deed from the State Department of Transportation for the Town-owned"O'Keefe"Property— Reso#100-02 4.7 Issued Proclamation: Veterans Day—November 11, 2002 Item Removed: 4.1 Approval of Minutes: October 3, 2002 MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Cheng and passed unanimously to approve the minutes of the October 3, 2002 Regular City Council Meeting with the following corrections: page 1, delete City Manager Maureen Cassingham as being in attendance and add Acting City Manager/Planning Director Carl 'Cahill; and on page 3 (2), delete the following sentence: "This issue will be discussed in the future as a possible ballot item next year." 5. UNFINISHED BUSINESS 5.1 Update on Mayor's Goals (1) Break ground for the new Town Hall,partially funded by donations The second agreement with the-architect was approved at the August 15th Council Meeting. The architectural firm was proceeding to finish the working drawings . "for the project and these should be done in a few weeks. Council adopted a prequalification program for the Town Hall construction project at the 10/3/02 Council Meeting. The fundraising package had been put together and pledges and contributions had been received to date in the amount of$109,900. (2) Undergrounding of utility wires in Los Altos Hills The decision was made at the 8/1/02 meeting not to put this on the November ballot. The Mayor will be reintroducing his earlier proposal on undergrounding later this year. The Mayor also stressed the importance of this issue particularly in light of the fire that burned three acres in Town just this week as a result of utility wires falling to the ground. (3) Complete the update process for an accurate 2002_master pathway map October 17, 2002 Regular City Council Meeting 3 The Master Path Plan will be discussed at the 10/17/02 Council Meeting at a public hearing as part of the General Plan amendment process. (4) Consider the possibility of adopting a view ordinance for the Town Staff was reviewing view ordinances from other cities including Tiburon. The Planning Director noted that they would move forward with this issue as other long-range planning assignments were completed. 6. NEW BUSINESS 7. REPORTS FROM COMMITTEES, SUB-COMMITTEES, AND COUNCIL,MEMBERS ON OUTSIDE AGENCIES 7.1 Community Relations Committee Fenwick reported that the Community Relations Committee was disappointed at the turnout at the recent Newcomers Party held at Town Hall. Many who had signed up did not come to the event. The Committee would be reviewing this and the option of having it at a private home since that seemed to generate a better turnout. 7.2 Santa Clara Valley Water District O'Malley commented that he had recently taken a tour of the water district's facilities in the area. He also noted that they had visited the Edith Avenue Site and the water district had not changed their position on that project. 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 10. PRESENTATIONS FROM THE FLOOR Barbara Dunn Cherry, 13155 La Cresta Drive, commented that the proposed Town Hall was too expensive and too tall. She noted that the Watchdog group had gotten about 1,100 signatures in support of their alternative design which was simple and rural. She urged Council to examine the citizens' design. October 17, 2002 Regular City Council Meeting 4 Mike Scott, 27856 Black Mountain, suggested the following to prevent burglaries in Town: 1) built-in announce mode — different alarm sounds for different rooms in the house; 2) wireless motion detectors/t.v.screens; and 3) European rolling shutters to go over doors and windows. On another subject Mr. Scott noted that he had had a very high speed internet installed and he just wanted everyone to know it was available. Nancy Ewald, member of the Pathways Committee, referred to Councilmember Finn attending this meeting by teleconferencing. She noted that when she had been unable to attend a Pathways Committee Meeting she had not been given this option. Jill Jensen, 26225 Purissima Road, referred to the League of Women Voters Candidates' Night and stated that Councilmember Casey's outburst was a disgrace to the Town. The representatives of the League of Women Voters were gracious people who had organized a good event. Mrs. Jensen thought Councilmember Casey should send -an apology to the League of Women Voters. Concerning the survey done regarding the Town' Hall project, she noted that native landscaping should be considered-as well as the orchard history of the area. She also questioned the need for a new Town Hall. William Downey, 14330 DeBell, commented on the last Council Meeting at which there were outbursts made against Mark Breier. Mr. Downey thought this was uncivil. behavior. He.thought the new Town Hall should be tasteful, functional, rural, meet space needs, and not violate the Town's code regulations. Mike Schoendorf, 13145 Byrd Lane, commented on the recent Town-sponsored initiative regarding open space. He questioned who created-it? Who wrote it? Jim Steiner, 14195 Wild Plum, made a formal appeal to the Council to take the high road regarding the path issue. He noted that the Town was more divided then ever and he believed compromise would be good for all. He also believed the comments made concerning crime issues and privacy issues regarding the paths were bogus and he recommended protecting the path system. Jim Downey, 26000 Newbridge, commented on-the funding for the proposed new Town Hall. He asked what would happen if the donations were not received. He suggested setting a date by which all donations-needed to be received and if a certain amount was not raised then stopping the Town Hall project. He also suggested soliciting input from residents on style and cost. Mr. Newbridge supported the alternate design being proposed for the new Town Hall noting.its rural design, its lower cost and the uncertainty of funding the,Town's proposal. Collette Cranston, 27080 Fremont Road; referred to a recent newspaper article in which the Planning Director referred to the new Town Hall as more of a community center than a business center. As a neighbor she wanted clarification of what this meant. October 17, 2002 Regular City Council Meeting 5 Mark Breier, 26359 Esperanza Drive, referred the recent survey they had sent to about 2,500 households in Town. The responses received reflected that 94% preferred the citizens' design for a new Town Hall. He also noted that their responses indicated that even if the project were fully funded the residents would still reject it. 11. PUBLIC HEARINGS 11.1 Adoption of a revised fee schedule to be effective January 1, 2003 — Reso The Administrative Services Director summarized the report she had prepared for Council. In September of 2001 Council awarded a contract to Maximus, Inc. to prepare a comprehensive cost analysis of Town fees for services. In March, 2002 they submitted a 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. In June 2002 the Council adopted a resolution adjusting the building permit fee for new single family residences by $6,576 and directing staff to prepare a revised fee schedule for Council consideration. Mr. Pearl of Maximus had used the revenue/cost match up method for his study. This is the traditional method used when little or no data for specific time estimates are available. The Administrative Services Director noted that for this study she used the specific cost method which included the following three steps: calculate the productive hourly rate for service personnel, determine how long it takes to accomplish each task, and structure the fee based on the resultant of time multiplied by the productive hourly cost. Staff determined that it was fairer to charge applicants for actual time of servicing, rather than to use a standard time for types of tasks. Therefore, the proposed fee schedule was based on the premise that applicants would be billed at an hourly rate for the actual hours of service on their permit. The Administrative Services Director performed a timesheet maintenance and analysis and a computation of hourly billing rates as part the methodology. The conclusion reached was that the Town should charge applicants for services at the following hourly rats: planning - $340; building - $320; and engineering- $130. Casey stated that she was not comfortable with these charges; she thought they were too high. These results seemed contradictory to those arrived at by Maximus and she also did not realize that the adjustment of$6,576 would be rescinded. Casey believed these rates were much higher than other communities and if it cost this much to do business then maybe everything should be sent out. She recommended continuing this item to allow time to take a look at both studies. Cheng suggested that staff should look at other communities. O'Malley also concurred that the fees were too high and suggested a subcommittee of the Council to work with the Administrative Services Director on this issue. Jim Waller, 26105 Elena Road, commented that he believed these fees were too high. • Mike Schoendorf, 13145 Byrd Lane, noted that if services were contracted out there would not be a need for a large Town Hall. October 17, 2002 Regular City Council Meeting 6 Jim Abraham, 12831 Viscaino Road, also agreed the fees were too high and urged Council not to contract out for services. MOTION SECONDED AND CARRIED: Moved by Fenwick, seconded by Cheng and passed unanimously by all members present to continue this public hearing and to appoint a sub-committee of Council (Casey and O'Malley) to work with the Administrative Services Director on an equitable resolution to the fee structure issue. At this point in the meeting the teleconferencing connection with Councilmember Finn disconnected. 11.2 Amendment to the Pathway Element of the Town of Los Altos Hills' General Plan for the adoption of the proposed 2002 Master Path Plan (a revision of the 1981 Master Path Plan) and adoption of the project negative declaration Fenwick made some general topics on the pathway issue before Council at this meeting. He stated that they were discussing the expansion of the pathway system not the vacation of any easements. He also noted that several said the map was inaccurate but he believed this latest map was the most accurate available. Fenwick also commended all staff involved in this project especially City Engineer/Director of Public Works Mintze Cheng and her staff. Fenwick further commented that Council would be taking all public comment at this meeting but would not be taking any action. The City Attorney would make a statement on this and this public hearing would be continued to the November 7, 2002 Council Meeting. The City Attorney noted that the report from the Environmental Consultant on the responses to the initial study findings and the corresponding resolution were not available at this time. They should be ready early next week. Therefore, the Council would be taking public comment at this meeting and continuing the matter to the November 7, 2002 meeting. The City Attorney further noted that Councilmembers were not able to comment on the paths within 500 feet of their homes. These specific paths would be addressed first. The first area of the map addressed was that within 500 feet of Coucilmember Finn's property (12000 Finn Lane). The teleconferencing connection with Councilmember Finn had been lost by this time in the meeting. There was no discussion from the public on this area. The second section addressed was that within 500 feet of Mayor Pro Tem Cheng's property(24595 Voorhees Drive). She stepped down. October 17, 2002 Regular City Council Meeting 7 Bill and Kathleen Owen, 24601 Voorhees Drive, spoke to the Council on behalf of the residents on Voorhees who wanted the pathway removed as it invaded their privacy. She noted that the path trespassed on their property. Mr. Owen stated they supported paths on public property but not on private. Les Earnest, 12769 Dianne Drive, commented that there was public access on Voorhees and there was a link between Voorhees and Miraloma. There was also an alternative route along a shared driveway which could link this area. The next section addressed was that within 500 feet of Councilmember O'Malley's property(27781 Edgerton Road). He stepped down. Les Earnest, 12769 Dianne Drive, noted there was a mapping error at the end of Ursula Lane. There was an existing path. He also commented on the DeAnza Trail through Los Altos Hills and noted that this was an essential element of that route. Ginger Summit, 13390 Lenox, urged Council to leave the existing off-road pathway easements without paths on the map until surveys could be done to ascertain exactly where the paths were and then deletions could be made. Chris Vargas, 13825 Templeton Place, stated it was a matter of fairness and consistency. The existing off-road pathway easements without paths were not needed if the existing off-road pathways with easements were in place. iNancy Ewald, 26131 Altadena, referred to the area-of Ursula and Edgerton and raised the issue of prescriptive easements. The next section addressed was that within- 500 feet of Mayor Fenwick's property. (28011 Elena Road). He stepped down. Ed Radlo, 28040 Elena, asked that Council vacate the easement on their property. It was very steep and it was a privacy and security issue. He further commented that there was a noise abatement issue which would be in violation of the General Plan. Mr. Radlo stated that the Town could try to get an easement from Caltrans. In addition Mr. Radlo commented that 280 provided a safety valve in case of emergency. Rebecca Hickman, 26500 Purissima, commented that in light of the inaccuracies of the map before Council she suggested they send it back to staff for more work. However, she was in support of removing the path on the Radlo property as it was very steep. Les Earnest, 12769 Dianne Drive, stated that a path along 280 would not reduce ruralness. In addition the pathway identified along Arastradero on the 1981 map and recommended for removal by the Pathway Committee was a long-planned route and should not be abandoned. October 17, 2002 Regular City Council.Meeting 8 Mrs. Dukes, 27783 Lupine, noted that she had used the paths for years and supported • keeping them. They provided scenic corridors and were important connections in the Town especially to schools and recreational areas. She also did not think this whole pathway issue had to be a win/lose situation. With plantings and screenings along the paths, it could be a win/win situation. Chris Vargas, 13825 Templeton Place, supported the paths in this section especially as emergency accesses. Ginger Summit, member of the Pathways Committee, and John Dukes, 27783 Lupine both commented that the path along 280 had been recommended.by Brian Robinson, the consultant who had been hired to assess the path system. Ken Hausman, 13432 Middle Fork, stated that no one had spoken at the earlier public hearings on the paths in this area. He thought there were many other paths in the area and the Council should support the Planning Commission's recommendation. Les Earnest, 12769 Dianne Drive, stated that the map was incorrect. This was an important connection for the Saddle Mountain residents. Sophia Huang, 27580 Arastradero Road, stated her support of the Planning Commission's recommendation to delete the path along 280. She noted that she intended to put in an upgraded path with her subdivision but she objected to an additional path along lot 6 of her subdivision. She believed other paths were available that served the same purpose. Council then discussed the remainder of the proposed pathway map. Mike Schoendorf, 13145 Byrd Lane, asked why Council was updating the pathway map and why the Chairman of the Pathways Committee had been in charge. He also noted the easements described the paths and by eliminating paths the Council was eliminating easements. He believed the easements equaled ingress and egress to the Town and people had a right to walk on them. Kay Kasaki, 12922 Tripoli Court, stated that she was also speaking on behalf of three other neighbors (Beverly Bryant, Gwyn Dukes and Annemarie Rosengreen). They had sent a letter in which they asked Council to keep four specific paths: Quadrant B2 between Yuba Lane and Via Corita, Quadrant 3B designated scenic routs and a vital route, Quadrant 2AB, designated scenic route and a vital corridor and Quadrant 3B from Vista del Valle to Elena. Mrs. Sasaki also handed in a petition signed in support of this letter. Jane Kawaski, 27078 Fremont Road, supported Ms. Kasaki's comments. She stated that she was a member of the Parks and Recreation Committee and a founding member of the horsemens' camp and the off-road paths in Town were an important part of the Town's recreational opportunities. • October 17, 2002 Regular City Council Meeting 9 Kim Cranston, 27080 Fremont Road, stated that by removing these paths the Council • would be raising property assessments and thus raising property taxes. Chris Vargas, 13825 Templeton Place, presented a letter to Council in which he asked that they withhold approval to eliminate the following seven easements: Quadrant A2 — 13432 Middleforks Lane to 13100 Byrd Lane; Quadrant B2 — 28014 Natoma to 27228 Elena; Quadrant B2—27861 Nat_oma to 27500 La Vida Real; Quadrant C2—La Paloma-Robleda- connector; Quadrant C2 — East Sunset to West Sunset connector; Quadrant C3 — 12305 Stonebrook Court to.1276 Edgecliff; and Quadrant D3 —24595 Voorhees to 12600 Miraloma. Mr. Vargas was also requesting that Council make sure there was access to the Town open-space between Moody and Rancho San Antonio, via an entry point on Moody Road. Mike Kamangar, member of the Pathways Committee, commented on the process the committee had taken when reviewing the map. They had looked over each path individually to decide if it was a'major link, was too steep and could not be built, and intruded on one's privacy. He further noted that privacy and safety were major issues. Diane Renshaw, consulting ecologist, Los Altos, referred to a letter she had submitted to the Council on behalf of the Committee for Preservation of Los Altos Hills. She stated that she believed this path project as proposed was likely to result in a number of potentially significant biological impacts. These impacts had not been discussed in the initial study/mitigated negative declaration and consequently no mitigation had been proposed. She believed this resulted in the mitigated part of the negative declaration being incomplete and invalid. Ms. Renshaw concluded,that because this project had the potential for significant impact to the California Red Legged Frog (on the Federal Endangered Species List) CEQA required that the project be analyzed in an environmental impact report. Tay Vanderlip, 13851 Fremont Pines Lane, referred to her letter to Council in which she raised the issue of fire safety which was not addressed in the initial study. Ms. Vanderlip referred to a report, prepared by Ray Moritz, a fire ecologist and urban forester. Mr. Moritz made the following recommendations in his report: 1) The Town should not enter into a planning and decision making process, with such a significant effect on fire management, without .the full involvement of the State (CDF), County and Fire District fire prevention and suppression tacticians; 2)Any decisions regarding the pathway corridor design and maintenance should be fully coordinated with the CDF District, County and Local Fire Plans; and 3) The joint committees and/or commissions should consider the maintenance of pathway corridors as Fuel Management Zones.and emergency access/evacuation routes. Sid Hubbard, 25228 La Loma Drive, stated that he had served on the City Council for 8 years and on the Los Altos Hills County.Fire District Commission for 16. He strongly supported Ms. Vanderlip's comments. Mr. Hubbard noted that off-road paths October 17, 2002 Regular City Council Meeting 10 provided a natural line of defense as escape routes. in fires. He believed an • environmental impact report was'very important for this project and urged Council to slow.down the process.. Mr. Hubbard recommended the plan be referred to the Fire . District and the California Department of Fire befor&any action was taken. Dot Schreiner, 14301 Saddle Mountain, referred to a letter dated 10/17/02 from Shute, Mihaly & Weinberger concerning the initial study and mitigated negative declaration for the General Plan Amendment Pathway Element and adoption of the 2002 Master Path Plan. This law firm represented the Committee for the Preservation of Los Altos Hills and they requested that the Council decline to.adopt the initial study/mitigated negative declaration and conduct an environmental impact report. It was stated in the letter that.new information had-been received indicating that the elimination of off- road trail alignments was likely to result in significant impacts on: .1) biological resources, including sensitive wildlife and plant species; and 2) public safety in the event of a wildfire. The letter stated that this substantial evidence confirmed that the Town must prepare an environmental impact report to fully analyze the project's potentially significant effects, to identify feasible mitigation measures and to assess a complete range of alternatives. James Waller, 26105 Elena, thanked Council for their patience through this process but did not see any reason to rush a new map through at this time. He referred to the liability issue, noting that he was not responsible for on road paths but off-road paths were another issue. Mr. Waller also noted that it was an invalid assumption that the • 1981 master path plan was not flawed. Nancy Ginzton, 28012 Natoma Road, reiterated her support of keeping the path from Natoma to Elena. She had spoken to the other owners and they had supported this request. Jean Danver, 13474 Robleda Road, noted that on previous maps there was a path connecting East Sunset and West Sunset. However, on this new map it was not there. Ms. Danver commented that there was a path actually there and she questioned how many other paths had been removed from the map. She recommended finding all the easements to make sure the map"was correct. She also suggested preparing a map now showing the paths used today and dealing with the easement issue later. Ms. Danver also expressed her concern about the safety of the ,children if these paths were removed. Ginger Summit, 13390 Lenox Way, commented that there were omissions on the map and also other inaccuracies. Regarding East Sunset and West Sunset, she noted that there was a path that was used often but it was not an easement. Concerning Zappettini Court, she noted that the Chairman of the Pathways Committee said he had spoken with the developer and the Town could get an easement. Ms. Summit also commented on La Loma Drive to the quarry and urged Council to keep the paths in place and then remove redundant easements. • October 17, 2002 Regular City Council Meeting 11 John Dukes, 27783 Lupine, commented that this was a profound issue in Town. Children played on the paths and the paths were used in emergency situations. The paths were also a good place to meet your neighbors. Mr. Dukes noted that years of long-range planning will be ruined if the paths were removed. Ann Duwe, 25900 Elena, commented that she was pleased Council would not be making a final decision on this matter at this meeting but she did not think they should be deciding on it at the November 7th meeting either. She asked why a map which she believed was badly flawed would be accepted. If the easements were there the Town could just leave them alone and not build the paths but the path system-itself was important. Ms. Duwe also noted the importance of connecting with.the regional paths in the area. Patty Ciesla, 11990 Page Mill Road, referred to the resolution adopted by the Santa Clara County Board of Supervisors on September 17, 2002 supporting the Town of Los Altos Hills pathway element update of the General Plan and recommending incorporation of all regional trail routes identified in the Santa Clara County Countywide Trails Master Plan Update. Ms. .Ciesla also referred to her letter to the Council dated 10/17/02 in which she urged Council not to adopt the negative declaration and initial study for this project and listed her reasons for this position. Nancy Ewald, Pathway Committee member, commented on the two public hearings on this issue and noted that the Council was not listening to the majority of the Town. She recommended that Council consider what was best for the Town and put aside politics. Bob Stutz, 25310 Elena Road, noted that he had been the Chairman of the Pathways Committee from 1971-75 and had been involved since the 1960s. He noted that the new map did not have arrows on it indicating where easements existed for future development and this should be corrected. He also commented that Council and staff had been invited to attend the County Parks and Recreation Committee meeting at which the Town's path system and the DeAnza trail had been discussed but no one from the Town attended. Mr: Stutz also noted that volunteer paths did not work. Carol Gottlieb, 24290 Summerhill, suggested that Council form a committee of former Pathway Committee chairmen, Planning Commissioners, Councilmembers and current members of the Pathway Committee to review this path map. Ron Napp, 11921 Hilltop, stated his support of the Planning Commission's recommendations on the path map. He felt the path system had been ill conceived from the beginning but should be kept. Austin O'Such, 27671 Robleda Court, supported keeping the paths noting that he used them all the time. October 17, 2002 ,Regular City Council Meeting 12 Shelley O'Such, 27671 Robleda Court, also supported keeping the paths noting that she had used them as a child and as an adult. Nick Dunckel, 12971 Cortez Lane, believed this map reflected a flawed product. In addition issues had been raised such as fire safety and endangered species that needed to be addressed. He also believed the removal of easements was inappropriate. People knew when they bought the property that the easements were there. Mr. Dunkle also commented that if the easements were removed the Town won't be able to get them back. Jorge Fernandez, member of the Pathways Committee, reminded everyone present that no existing path was being recommended for removal and 71 new path segments were being added. He stated that the Pathway Committee recommended removal only of those 1981 planned future paths that today were found to be impractical and redundant. Mr. Fernandez quoted from the recent study by independent environmental consultants and planners, David J. Powers and Associates. ". . .the reduction of the total (108.7 miles of pathways) by 3.9 miles would not be a significant environmental impact." "Revisions to the Master Path Plan continue to preserve the circulation, recreation and preservation goals of the pathway element." "Pathways to be added to the plan would allow direct access to a pathway for an additional 120 parcels." Mike Scott, 27856-27844-27860 Black Mountain Road, disagreed with Mr. • Fernandez. He noted that he opposed the proposed path at the southeast corner of lot 27844 Black Mountain. He asked what happened if he allows this easement on his property. Charles Bieber, 12800 West Sunset, commented on the history of the path on West Sunset. He noted that it was a used path but had not been shown on the 1981 or 1991 pathway map. Furthermore, it was on his property but he had never given an easement. Peter Evans, La Loma, suggested moving forward with the sections of the map that were correct. He also recommended setting consistent criteria. Jim Geers, 12742 Leander Drive, noted that that he had lived in Town for a long time and loved the rural surroundings. He also noted that he would not walk on a path that was overgrown or one that infringed on someone's privacy. Mr. Geers commented that he had attended almost all the meetings on this complex issue and he believed everyone's opinion deserved respect. He recommended that Council accept the path plan before them. Albert Cabellon, 13310 La Paloma, stated that he was representing the owners of the property at 13310 La Paloma, Mr. and Mrs. Chan. There were three parcels with an easement running through all three lots and they supported removing this easement. • October 17, 2002 Regular City Council Meeting 13 Les Earnest, 12769 Dianne Drive, pointed out that the path connection on Sunset had been there for a long time. About fifteen years ago half of the easement had been given to the owners and half was in place. Mr. Earnest also referred to the inaccuracies on the map which had not been corrected. He noted his thirteen page letter to the Council which listed these inaccuracies. He urged that this process be restrained until accurate information was available. Dan Alexander, 27200 Elena, noted that many people spoke at the Planning Commission Meeting asking them to send this issue back to the Pathways Committee. Mr. Alexander urged the Council to send this matter back to the Pathways Committee. The map was inaccurate and Council should not give up the easements which were of value to the Town. Sandra Humphries, 26238 Fremont Road, commented on the safety issue for children. The off-road paths were a logical place for the children to walk especially since walking along the roads was not as safe. Jolon Wagner, Robleda Court, questioned the statement `redundant paths'. She did not believe paths were redundant noting that oftentimes it was nice to have an alternative path. As far as maintenance of paths was concerned there were groups such as Boy Scouts and Girl Scouts that could do the maintenance as scout projects. Furthermore, Ms. Wagner believed that the map could be accurate just as a street map was accurate. She urged Council to listen to the residents and get more input on this issue. Breene Kerr, 27261 Sherlock Road, supported working toward a compromise on this path issue and really did not think everyone was so far apart. He also supported the earlier comments by Chris Vargas and his recommendations for retaining seven certain paths. Mr. Kerr recommended that Council send this matter back to the Pathway Committee. DuBose Montgomery, Chairman of the Pathway Committee, stated that this map was more accurate than the 1981 map. The Pathways Committee, the consultants and staff had spent a lot of time on this project. Several meetings had been held on the path plan and changes to it had been made along the way. The path system was not being destroyed and adopting this plan would not negatively impact the DeAnza Trail. Mr. Montgomery also commented that off-road paths were low on the priority list of residents. Jack Davey, 12645 La Cresta Drive, suggested looking at the paths as arteries in the Town and think about how they were used and how they fit into the community. 12. FOLLOW UP DISCUSSION TO ISSUES RAISED DURING PRESENTATIONS FROM THE FLOOR • October 17, 2002 Regular City Council Meeting 14 O'Malley referred to the Town Hall project and the petition signed by 1,100 in support of the citizens' design. He recommended a joint meeting of the Council and the citizens' group so that all the facts could be presented on both designs. Specifically a line by line cost discussion could be held as well as a discussion of the tax consequences. O'Malley believed having this meeting would clear up a lot of questions about this project. He also recommended that both sides prepare detailed presentations which would be available before the meeting for review. Fenwick stated that he would want the participating parties clearly identified before he would agree to such a meeting. Casey said she did not accept the results of the survey sent out by the citizens' group. She believed it was flawed in that the statements made were incorrect. Their project.was not half the cost and half the height. Furthermore, Casey asked who they had actually sent the survey to as she had not received one and knew of others who had not. Cheng also agreed that the survey was flawed and that a meeting might be a good way of clarifying the issues. Council agreed that if the format could be effectively established a meeting on the Town Hall project was a good idea. 13. ADJOURNMENT There being no hither new or old business to discuss, the City Council Meeting was adjourned at 9:45 p.m. Respectfully submitted, (::; -�� Patricia Dowd City Clerk The minutes of the October 17, 2002 Regular City Council Meeting were approved at the November 7, 2002 Regular City Council Meeting. October 17, 2002 Regular City Council Meeting 15