HomeMy WebLinkAbout12/20/1988 CITY COUNCIL
TOWN OF LOS ALTOS HILLS
26379 Fremont Road
Los Altos Hills , California
MINUTES OF AN ADJOURNED REGULAR MEETING
Tuesday, December 20 , 1988
cc: Reel 197 , Tr. II , Side I , 001-end; Tr. II , Side II , 001-696
Mayor Johnson called the Adjourned Regular Meeting to order at 7 :20
p.m. in the Council Chambers at Town Hall .
A. ROLL CALL AND PLEDGE OF ALLEGIANCE:
Present : Mayor Johnson and Councilmembers Casey, Siegel , Tryon
and van Tamelen
Absent : None
111.0 Staff : Acting City Manager Bill Ekern, City Attorney Frank
Gillio, Engineering Consultant Sam Nash, Planning
Director Sally Lyn Zeff and City Clerk Pat Dowd
Planning
Comm: Marc Kaufman
Press: Mary Fortney, Peninsula Times Tribune; Jeff Gottlieb,
San Jose Mercury
B. REPORT FROM THE PLANNING COMMISSION:
Commissioner Kaufman stated that he would report individually on
each subject as they were discussed throughout the meeting.
C. CONSENT CALENDAR:
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Casey and
passed unanimously to approve the Consent Calendar, specifically:
1. Approval of Warrants : $189 ,931 .08
2 . Resolution for Adoption:
a) Resolution #129-88 approving and authorizing
execution of an agreement between the Town of
Los Altos Hills and Norman Roberts and
4 Associates , Inc.
IOW D. PRESENTATIONS FROM THE FLOOR:
Luis Yanez , 26879 Moody Road, commented that he thought it would be
better to hold the public hearing in a more convenient location in
view of the large number of people in attendance.
van Tamelen stated that since the Council was acting in a 'quasi-
judicial ' capacity, she believed Councilmembers should comment on this
project. van Tamelen stated that personally she had met with the
developer to discuss the project and had received no campaign
contribut4ppns from him. Tryon stated that she had visited the site *not in
developer but had also heard from many others on the project.
She further commented on the importance of keeping an open mind and
noted that no one knew ahead of time how a Council would vote on an
issue. Casey stated that she had met with the developer and Tom Lynch
during her campaign to go over the plans for the project and she had
visited the property with the developer. Siegel stated that he had
seen the property with the developer and with the staff and believed
he had heard both sides of the issue. Johnson noted that during his
campaigne7he had visited the property with the developer. Although the
V�AMENvD DerYh°OUNad
CIli e a_mDtribution to his campaign, he had returned it.
E. APPROVAL OF COMM1UbNITY SURVEY:
F . TOWN RESPONSE TO APPLICATION TO APPROPRIATE WATER ASSOCIATED WITH
LANDS OF QUARRY HILLS SUBDIVISION:
G. NEARY QUARRY RECLAMATION PLAN:
PASSED BY CONSENSUS: To continue Items E, F and G until after the
public hearings were held and to hear public input on all five public
hearings at one time rather than on each specific item.
H. PUBLIC HEARINGS :
1. Review, certification and approval of proposed final environmental
impact report
2 . Consideration of amendments to the plan diagram of the land use
and circulation elements of the Town' s General Plan (Resolution)
3 . Consideration of text amendments to existing sections of the Town' s
Zoning Law and addition of Article 9 concerning open space conser-
vation combining district (Ordinance)
4. Consideration of a map amendment to the Town zoning map to add sub-
section (q) to the Municipal Code Section 10-1 .303 to pre-zone the
Lands of Quarry Hills (Ordinance)
5 . Tentative subdivision map for a proposed Quarry Hills Subdivision
(Resolution)
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H. PUBLIC HEARINGS: (continued) :
Those in favor of the project noted, in part , the following issues :
closure of quarry which was unsafe and unsightly; merits of having
control over project which would not be the case if the developer
built in the County and under their regulations; increase of tax base
for the Town and respect for the developer.
The following addressed the Council in favor of the Quarry Hills
Project: Dick Kehrig, Los Altos; Mr. and Mrs . David Ewald, 13830 Page
Mill Road; Jon Baumgartner, 24292 Elise Court; Michelle Ventura, 25398
1 LaLoma; A.S. Beeman, 23170 Ravensbury; Mel Erb, 13801 Templeton Place;
Mr. and Mrs. Robert Saich, 11000 Magdalena; Phil MacHale , 12350
Stonebrook; James Hill , 12055 Green Hills Court; Mr. and Mrs . Michael
Wise, 24301 Elise Court; Ernest Railey, 24301 Elise Court; Jim
Swallson, 11011 Magdalena; Mr. and Mrs. Jeffrey Trant , 11815
Stonebrook Drive; Mike Lyons , 15833 Stonebrook; John Davila, 12001
Stonebrook; George Somps, 24595 Voorhees Drive; Wayne Graham, 11630
Jessica; Mr . and Mrs. Tom Lynch, 25701 Lomita Linda; Dr. and Mrs.
Emmet Moyers , 10501 W. Loyola Drive; Mr. Bruce Thompson, 12500
Corbetta; Ray Rossi, 24777 Nicole Lane; Javed Husain, 14233 Sholes
Court; Steve Gaither, Portola Valley; G.A. Zachman, 12331 Stonebrook
Court; Claire Batestich, 24960 LaLoma Drive; James Ginella, 12291
Concepcion; Charles Viso, 28515 Matadero Creek Lane and C.K. Shah,
26725 Shady Oaks Court.
111119 Those against the project stated, in part , the following concerns :
negative impact on Hale Creek, incompleteness of environmental impact
report, non-conformance with the Town' s General Plan, negative impact
on traffic , negative impact on neighbor ' s property rights and negative
impact on ridgeline and open space, both of which should be protected.
The following addressed the Council against the Quarry Hills Project:
Emily Martin, 11666 Dawson Drive; W.H. Brown, Los Altos; Betsy
Bertram, 11854 Page Mill Road; Shari Emling, 11853 Murietta Lane; Luis
Yanez , 26879 Moody Road; Mr. and Mrs . Ry Smith, 23230 Ravensbury; Jean
Struthers , 13690 Robleda; Peter Schubart , 24624 Olive Tree Lane; Libby
Lucas , Los Altos; Anne Duwe , 25900 Elena Road; Christine Cole , 23219
Ravensbury Avenue; Harry Emerzian, 11670 Dawson Drive; Ruth Buneman,
12655 LaCresta; Linda Elkind, representing the Committee for Green
Foothills; Mr. and Mrs. Michael Kobal , Los Altos; P. McSweeney, Member
of the Board of Directors San Antonio Hills Association; Sandy Tanaka,
26020 Newbridge Road, Karen Lemes , 27271 Moody Road and Dan Wendin,
Cupertino.
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H. PUBLIC HEARINGS : (continued) :
tisw
Dr . Howard Martin, 11666 Dawson Drive , submitted a letter from the
Reverend John Dodson of the United Methodist Church of Los Altos
stating his concerns about the impact of the project on the flow of
Hale Creek. Dr . Martin also commented on the environmental impact
report and the mitigation of water rights . W.A. Edson, representing
the League of Women Voters , referred to a letter dated 12/20/88 which
urged the Council not to accept the environmental impact report
prepared for Quarry Hills . Charles Latady, 10933 Northcrest Lane,
presented a letter to Council dated 12/20/88 which included the
recommendation that the environmental impact report not be certified
and the General Plan Amendment, Zoning Ordinance Amendment, prezoning
and tenative map be denied. Brenda Butner, representing the California
Native Plant Society, read a letter dated 12/16/88 which stated their
opposition to the rezoning and development of the northfacing slope,
ridge and upper valley areas of the Quarry Hills Subdivision. (All
letters referred to in these minutes are on file at Town Hall . )
Herb Grench, David Hanson and Greg Britton, representing the
Midpeninsula Regional Open Space District , addressed the Council and
also submitted a letter dated 12/20/88 for Council ' s information.
Concerns were expressed about development on the ridge line and the
impact of the project on the existing open space reserve. They also
noted several issues which they did not believe the environmental
11111, impact report had addressed. In part these issues were: visual impact,
noise and potential fire hazards . Concerning the acquisition of the
land under discussion by the District, they stated that over the years
there had been conversations with Mr. Neary (then owner of the
property under discussion) but no interest on his part to negotiate
with the District for aoguisition of the land. Currently an appraisal
of the property was being conducted and conversations had taken place
with Mr. Vidovich. Although there was a wide margin in what both
parties thought the land was worth, negotiations were possible. On
this subject, Mr. George Neary, Chico, stated that he had never been
involved in any negotiations or conversations with the District
regarding the property.
Helen Daly, 10944 Stonebrook Drive, expressed her serious concerns
about the traffic impact on Stonebrook should the project be approved
and Stonebrook become a through street. Elaine Dauber , 27930 Roble
Alto, suggested a compromise letting the developer build the quarry
area but not the ridgeline. She did not believe the development of the
ridge was in keeping with the Town' s philosophy. Mrs . Dauber also gave
a status report on an initiative petition being circulated in the Town
which would regulate and limit development of the Upper Neary Quarry
Lands if annexed to the Town of Los Altos Hills . Mrs. Dauber stated
the petition would probably be submitted to the Town in mid-January.
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H. PUBLIC HEARINGS: (continued) :
Cynthia Hettinger , 12372 Priscilla, asked for clarification of the
plan she had hearabettt*for a riding school in the quarry and
inquired how much dirt would it take to fill the quarry for such a
use. Judy Dresie, 24802 Olive Tree Lane, stated that she believed the
people living around the quarry had a legitimate lawsuit as it was a
nuisance . Liz Dana, 25700 Bassett Lane; Dave Roos , 13590 Hillway; Karl
Tiefert, 10490 Albertsworth Lane; Richard Huyneh, 10531 Blandor and
David Anderson, 24696 Olive Tree Court suggested the proposed project
be divided into two areas - the ridgeline and the quarry - and each
area be decided upon separately. *proposed (AMEDEED BY COUNCU. 2/15/89)
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Casey and
passed unanimously to go past the 11 : 30 p.m. hour of adjournment.
John Vidovich, developer, commented on his application to the Town
noting that originally the project included 86 lots but it had been
reduced to 43 lots. Mr. Vidovich explained the balloon experiment
which indicated the visual impact of the project. Regarding his
application for water, he noted that the State required that the
application be made for the total capacity of the lake and the amount
of water would be monitored. Mr . Vidovich also commented on the
accesses to the project and the concept of a Homeowners Association as
a revenue source to maintain the lake. He explained what development
would be allowed under County regulations and noted that if he built
in the County, there would be no controls from the Town. Mr. Vidovich
noted the following benefits to the Town of the proposed project: the
immediate closure of the quarry, a lake in place of the quarry
operation and complete control over the project by the Town.
Linda Callon, applicant ' s attorney, commented on the adequacy of the
environmental impact report , the consistency of the project with the
Town' s General Plan and their request for a vested tentative map.
Regarding the issue of Hale and Permanente Creeks , she reiterated that
the County was the lead agency for the Quarry Reclamation Plan and
this matter was handled as a separate issue.
Due to the hour Council discussed closing the public hearing and
continuing the agendized items related to the Quarry Hills Project to
a time and date certain. The exception to this would be the discussion
of the Town' s response to the application to appropriate water
associated with the Lands of Quarry Hills Subdivision as there was a
deadline for a response and it could not be delayed.
MOTION SECONDED AND CARRIED: Moved by Siegel , seconded by Tryon and
passed uanimously to adopt Resolution #130-88 setting the time and
place of public hearing on a further proposed amendment to the text of
Chapter 1 of Title 10 of the Los Altos Hills Municipal Code entitled
"Zoning Law of the Town of Los Altos Hills ' for the Lands of Quarry
Hills (Monday, January 9 , 1989 at 7 : 15 p.m. )
i
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L
Items continued until after the public hearings:
E. APPROVAL OF COMMUNITY SURVEY:
This item was continued to the next regularly scheduled Council
Meeting (January 4 , 1989)
F. TOWN RESPONSE TO APPLICATION TO APPROPRIATE WATER ASSOCIATED WITH
LANDS OF QUARRY HILLS SUBDIVISION:
John Vidovich, applicant , stated that he had withdrawn his request for
diversion by pumping from Permanente Creek and reiterated his
explanation of the State ' s requirement that the total amount of water
must be included in the application to appropriate water.
Casey commented that she did not object to the Town sending a letter
but did not favor the Town filing a protest.
Dr. Howard Martin, 11666 Dawson Drive , stated that letters were not
being accepted. Protests had to be filed on the official forms from
the State Water Resources Control Board. Dr . Martin further expressed
his concerns about the amount of water requested in the application
and the impact on Hale Creek.
PASSED BY CONSENSUS: To send a protest to the State Water Resources
Control Board, Division of Water Rights , with the following comments :
Protest based on Environmental Considerations , Public Interest, Public
Trust and Other Issues : ' The impact of long term diversion of the
waters of Hale Creek on the public interest relate to potential loss
of enjoyment and use of riparian habitat. The creek is an integral
part of the Town' s open space property between the Neary Quarry and
Dawson Drive . As such it provides an educational as well as
recreational function for the Town and the rest of the public . The
land is used by hikers and equestrians on a regular basis . Their
enjoyment could be diminished if the riparian habitat is lost. The
potential for increased erosion due to the loss of vegetative cover,
should the diversion and impoundment of Hale Creek be significant
enough to exacerbate drought conditions , would rise. A great benefit
of the existing vegetation is its ability to hold the soil . Loss of
the cover could contribute to erosion in the creek and downstream. '
Protest based on Injury to Vested Rights : I . . .the diversion of any
portion of the creek flow may significantly impact not only the
habitat but the public ' s ability to benefit by its existence and
potential loss of open-space land value if riparian habitat is lost.
Protestant claims a right to the use of water from the source from
which applicant proposed to divert, which right is based upon:
riparian use formally held by the Town since 1978 . Staff believes that
an amount of monthly and annual flow must remain below the point of
diversion and impoundment to be able to sustain the existing
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F. TOWN RESPONSE TO APPLICATION TO APPROPRIATE WATER ASSOCIATED WITH
iblar LANDS OF QUARRY HILLS SUBDIVISION: (continued) :
environment along the creek corridor. The water right should be
conditioned in such a manner to accomplish the following result: The
downstream flow levels in Hale Creek must have priority over diversion
to fill the lake in order to maintain normal conditions . The grant to
appropriate water should be conditioned that if the monitoring program
imposed by the reclamation plan calls for greater releases downstream
that the water right to divert water for the lake gives way to this
higher need. The State Department of Fish and Game should support the
water right application and they should receive a draft of the
monitoring study prior to their review of the water right application.
We understand the applicant has agreed to withdraw the request for
diversion by pumping from Permanente Creek. '
G. NEARY QUARRY RECLAMATION PLAN:
This item was continued to the Council Meeting scheduled for January
9th.
I . OLD BUSINESS:
J. NEW BUSINESS:
K. OTHER BUSINESS:
L. STAFF REPORTS:
M. ADJOURNMENT:
There being no further new or old business to discuss , the City
Council adjourned at 12 :45 a.m.
Respectfully submitted,
Patricia Dowd, City Clerk
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