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HomeMy WebLinkAbout01/09/1989 lir CITY COUNCIL TOWN OF LOS ALTOS HILLS 26379 Fremont Road Los Altos Hills , California MINUTES OF AN ADJOURNED REGULAR MEETING Monday, January 9 , 1989 cc: Reel 199 , Tr . I , Side I , 001-end; Tr. I , Side II , 001-458 Mayor Johnson called the Adjourned Regular Meeting to order at 7 : 20 p.m. at the Fremont Hills Country Club. Mayor Johnson expressed the Council ' s appreciation for the use of the Club. A. ROLL CALL AND PLEDGE OF ALLEGIANCE: Present: Mayor Johnson and Councilmembers Casey, Siegel , Tryon and van Tamelen Absent: None Staff: Acting City Manager Bill Ekern, City Attorney Frank Gillio, Planning Director Sally Lyn Zeff, Engineering Consultant Sam Nash and City Clerk Pat Dowd Planning Comm: Marc Kaufman Press : Don Brignola , San Jose Mercury; Mary Fortney, Peninsula Times Tribune B. CONSENT CALENDAR: 1 . Resolution # consenting to the sale and transfer of a non- exclusive cable television franchise from Sun Country Cable , Inc. to Pacific Sun Cable Partners , L.P. and authorizing execution of an assumption agreement in connection therewith MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Casey and passed by the following roll call vote to adopt Resolution #5-89 consenting to the sale and transfer of a non-exclusive cable televisiion franchise from Sun Country Cable , Inc. to Pacific Sun Cable Partners, L.P. and authorizing execution of an assumption agreement in connection therewith AYES: Mayor Johnson and Councilmembers Casey and van Tamelen NOES: Councilmember Siegel 'F C. ANNEXATION OF QUARRY HILLS: 1 . Motion to place ballot initiative currently circulating in Town on ballot, without waiting for initiative to qualify for ballot Mayor Johnson referred to the initiative currently being circulated in the Town concerning the Upper Neary Quarry Lands . Specifically, the ballot title was ' Initiative to regulate and limit development of Upper Neary Quarry Lands if annexed to the Town of Los Altos Hills . ' Mayor Johnson suggested calling a special election to vote on this matter. In his opinion this action would facilitate the orderly consideration of this project. The voters would have the opportunity to vote on this issue; the Council would have a clear understanding of what the residents wanted and the developer too would have clearer understanding of what direction to take regarding his project. Council discussed the initiative process and the content of the ordinance contained in the petition. MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Casey and passed unanimously to adopt Resolution #6-89 of the City Council of the Town of Los Altos Hills calling a special election to be held in the Town of Los Altos Hills on June 6 , 1989 requesting services of the Registrar of Voters; and requesting consolidation of elections and specifying certain procedures for the consolidated election. D. PRESENTATIONS FROM THE FLOOR: Mrs . Elaine Dauber, 27930 Roble Alto, reported that they had approximately 1 ,200 signatures already and she urged having an election as soon as possible. Mrs. Jean Struthers , 13690 Robleda, stated that the ordinance in the petition had been prepared by Robert Girard, a Stanford University Law Professor , who had been involved in many environmental issues . Mr . John Vidovich, applicant , stated that he had spent a lot of time and money on this project and he thought the timing of the initiative was unfair. It would give him less development than allowed in the County and would make it quite difficult to develop his project in the Town. Furthermore, he stated that this initiative was stopping his project now and the project could be stopped again by another initiative . Dr . Howard Martin, 11666 Dawson Drive, commented on the protest filed with the Water Control Board and noted that if the objections are not filed it is assumed the protest is withdrawn. Mr. Luis Yanez , 26879 Moody Road, thanked the Council for calling the Special Election. He believed the initiative was fair and also thanked everyone who had circulated the petitions . 11, 2- 1/9/89 D. PRESENTATIONS FROM THE FLOOR: (continued) : Mr . Keith McFarland, 13661 LaPaloma and Christine Cole, 23219 Ravensbury, expressed their support for the initiative petition. Mr. Charles Latady, 10933 Northcrest Lane , referred to his letter dated 1/8/89 to the Council on the quarry area development and asked if his letter could be discussed during this meeting. Mayor Johnson stated that the Council had just received this twelve page letter and had not had an opportunity to study it . Ms . Helen Daly, 10944 Stonebrook; Nino Cafalu, 11035 Magdalenda and Mrs . Barbara Latady, 10933 Northcrest Lane addressed the Council with their concerns about Stonebrook becoming a through street. Of particular concern were the issues of safety and privacy. Pat Wiesler , 15833 Stonebrook, commented that the quarry was unsafe and unsightly. It was also a party site and a dumping site . Sara Braun, Fernhill , discussed options for the quarry and also noted that compromise was important in these issues . Mrs. Aymerich, 27801 Edgerton Road, supported Mr . Vidovich' s proposal and stated that she believed the proposed development on the ridgeline was reasonable. Mr. Michael Kobel , Los Altos , had attempted to study the various reports on this project and suggested that all of the reports be available in one location. Mr. Ken Parker, Los Altos , expressed concerns about Hale Creek and stated that once the water goes from the creek the trees will be lost . Mr . Ned Pabst, 10344 West Loyola Drive, stated his support for Mr. Vidovich' s project. Mrs . Valerie Kopal , Los Altos , read the letter she had submitted to the Town Crier stating her opinion that it was important to consider the creeks as well as the ridgelines . Mr. Tom Lynch, 25701 Lomita Linda, commended the Council for calling a special election but also cautioned the voters that if the project proceeds in the County, the Town will have no vote on what is done. E. PUBLIC HEARING: 1. Ordinance # amending Chapter 1 of Title 10 of the Los Altos Hills Municipal Code entitled ' Zoning Law of the Town of Los Altos Hills ' to add Article 10 concerning residential open space district MOTION SECONDED AND CARRIED: Moved by Siegel , seconded by Tryon and passed unanimously to continue the public hearing on the ordinance amending Chapter 1 of Title 10 of the Los Altos Hills Municipal Code entitled ' Zoning Law of the Town of Los Altos Hills ' to add Article 10 concerning residential open space district to June 7 , 1989 . F. OLD BUSINESS: 1. Consideration of Council comments on environmental review of Neary %Mr- Quarry Reclamation Plan _g_ 1/9/89 F. OLD BUSINESS: (continued) : Siegel commented on the importance of the Hale Creek issue and suggested that the Town recommend that the County study all alternatives regarding Hale Creek and arrive at the option which is most effective. John Vidovich, applicant , explained his proposal for diversion of the water which had been approved by the Department of Fish and Game. This option called for a fixed device which would allow a certain amount of water to go through. Dr. Howard Martin, 11666 Dawson Drive, supported a ' timed' diversion rather than a ' measured' diversion and explained why he believed that Mr. Vidovich' s option contained quite a bit of room for error. MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Siegel and passed unanimously to direct staff to write a letter to Santa Clara County clarifying the statements made in the 11/9/88 letter to Mr. Graham regarding the reclamation plan. Specifically, the reference to the environmental impact report should not be construed to mean that an environmental impact report be dame* but rather that the County be requested to perform an objective study and evaluation of Dr. Howard Martin ' s alternative , Mr . Vidovich' s alternative and any other suggested alternatives to address the impact on the downstream flow of Hale Creek. *required (MOLDED BY COUNCIL 2/15/89) 2 . Quarry Hills Subdivision - continued items : a) Review, certification and approval of proposed final environmental impact report Siegel suggested deleting certain proposed lots from the discussion of the environmental impact report and van Tamelen stated that she did not believe the environmental impact report addressed any liability questions regarding the impact on the downstream flow of Hale Creek. She also commented on the visual impact of the project and commented that there were conflicting mitigating measures. John Vidovich, applicant , stated that at this time he had not withdrawn any part of his application. Linda Callon, applicant ' s attorney, referred to her letter dated 12/20/88 (on file at Town Hall ) . In part Ms . Callon stated in this letter that the purpose of the environmental impact report was to inform the public and decision- makers of environmental effects and offer mitigation suggestions , not to make project decisions. She also noted that the Quarry Reclamation Plan was distinct from the project now before Council and its environmental review was processed by the County. They believed the proposed final environmental impact report was complete and adequate under CEQA (California Environmental Quality Act) and requested it certification. 9- 1/9/89 F. OLD BUSINESS: (continued) : Marc Kaufman, Planning Commissioner, stated that one of the problems the Commission had with the environmental impact report was that it did not address the size of the proposed development on certain lots . Jean Struthers , 13690 Robleda, commented on the rare and endangered plants and believed that the study on these had not been done at the right time. She also stated that she thought the project included a real earthquake danger. Mr. and Mrs. Charles Latady, 10933 Northcrest Lane, referred to the comments made in the letter dated 1/8/89 on the quarry area development and expressed criticism that all of the issues had not been addressed, particularly the impact on Hale Creek. MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Johnson and passed by the following roll call vote to certify and approve the final environmental impact report for the Lands of Quarry Hills , subject to the mitigating measures as stated in said report. AYES: Mayor Johnson and Councilmembers Casey and Tryon NOES: Councilmembers Siegel and van Tamelen b) Consideration and action for procedures for development agreements (Resolution) Mr . John Vidovich, applicant , stated that the quarry lands would not be developed without development agreements. He also noted that the way the agreements were worded now, they could not apply to him and he would not proceed with the project . Linda Callon, applicant ' s attorney, suggested a change in the wording of the agreements which would address everyone ' s concerns . Specifically, she suggested changing 'urban service area' to ' sphere of influence ' . MOTION SECONDED AND CARRIED: Moved by Siegel , seconded by Tryon and passed unanimously to continue this item to the January 18 , 1989 Council meeting. c) Consideration of amendments to the plan diagram of the land use and circulation elements of the Town' s General Plan (Resolution) Council discussed the slopes of lots 25 and 26 and Siegel suggested that these lots be designated as open space preserve . John Vidovich, applicant , and Ron Simpkins , applicant ' s engineer, explained lots 25 and 26 and the steepness and configuration of each of these lots. 5- 1/9/89 F. OLD BUSINESS: (continued) : MOTION SECONDED AND CARRIED: Moved by Siegel , seconded by Tryon and passed unanimously to continue this item to the January 18 , 1989 Council meeting. d) Consideration of text amendments to existing sections of the Town' s Zoning Law and addition of Article 9 concerning open space conservation combining district (Ordinance) MOTION SECONDED AND CARRIED: Moved by Siegel , seconded by Johnson and passed unanimously to continue this item to June 7 , 1989 . e) Consideration of a map amendment to the Town Zoning Map to add sub-section (g) to the Municipal Code Section 10-1. 303 to pre-zone the Lands of Quarry Hills (Ordinance) MOTION SECONDED AND CARRIED: Moved by Siegel , seconded by Johnson and passed unanimously to continue this item to June 7 , 1989 . f) Tentative subdivision map for a proposed quarry hills sub- division (Resolution) 1. Consideration of request for vesting tentative map PASSED BY CONSENSUS: To continue this item to the January 18 , 1989 Council Meeting. Council and the developer generally discussed the proposed conditions of approval for the tentative map. Tryon left the meeting at 11: 30 p.m. MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Siegel and passed by all members present to go past the 11: 30 p.m. hour of adjournment. John Vidovich, applicant , commented that it would not be convenient for everyone to go through Ravensbury and the people who lived there did want it to be a public road . He also commented that he believed a path around the lake would be quite dangerous . Dot Schreiner, Chairman - Pathways , Recreation and Parks Committee, asked that all emergency access roads be designated paths and commented that the proposed path around the lake was now shown on the current map. PASSED BY CONSENSUS : To refer the issue of a path around the lake to the Safety Committee for their review and comments . 6_ 1/9/89 F. OLD BUSINESS: (continued) : MOTION SECONDED AND CARRIED: Moved by Siegel , seconded by van Tamelen and passed by all members present to add a condition allowing pathways on emergency access roads . Siegel stated that the Hale Creek issue was quite important and commented that the developer could redesign the creek. He also believed the lake had a potential wider range of uses than stated such as possible use by the owners. A suggestion was made that use of the lake by the homeowners association for recreational purposes might be allowed by Council approval . Siegel recommended that one of the conditions be that the developer would fill the lake at least partially in the next four to five years. A discussion took place on the conditions regarding a Homeowners Association and/or Lake Management District and the approval by the Town of any changes to the approved Conditions , Covenants and Restrictions of the subdivision. Dr. Martin, 11666 Dawson, strongly supported the approval by the Town of any changes rather than by a homeowners association. G. ADJOURNMENT: There being no further new or old business to discuss , the City Council adjourned at 12 : 15 a.m. Respectfully submitted, Patricia Dowd, City Clerk -7- 1/9/89