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HomeMy WebLinkAbout09/03/1980QTY CODNCIL TOWN OF IAS ALTOS HILLS 26379 Freon Fuad Ins Altos Hills, California MIMIES OF A REGULAR MEETING Wednesday, Septenber 3, 1980 Reel 127, Side II, Track 1, 265 -End Mayor Nystrom called the Regular Meeting of the City Council to order at 7:40 p.m. in the Council Chambers of Tam Hall. A. ROLL CALL & PLEDGE OF ALLEGIANCE: Present: Mayor Nystran, Councilmenbers Hillesta3, McReynolds and Pmft Absent: Councilman Perkins Staff: City Manages Robert Cmwe, City Attorney Frank Gillio, City Engineer/ Planner John Carlson, Planning Cormussion Representative Judith Carico and Deputy City Clerk Pat Dowd Press: Florence Pallakoff, Los Altos Town Crier; Mary Schnich, Peninsula Times Tribune { B. ODNSENT CALENDAR: Item Removed: B.1 (Nystrom) MUrION SECONDED AND CARRIED: Moved by Hillestad, seconded by McReynolds and passed by all members present to approve balance of Consent Calendar, specifically: 2. Approval of Warrants: $27,684.30 3. Resolution for Adoption: a) Resolution #1309 approving and authorizing execution of an adderdum to aggreenent between the City of the Tuan of Los Altos Hills and Cordon F. Penfold, doing business under the nave and style of Penfold Associates. Removed Iter: 1. Approval of Minutes: August 21, 1980 MOTION SECONDED AND CARRIED: Moved by Nystrom, seconded by Proft and passed by all members present to approve the Minutes of August 21, 1980 amended as follows: Page 3, Item D.1(a), Item #10 should read: Esther Clark Park: Mr. Crowe noted that a ballot measure was necessary before anything could be done by the City of Palo Alto with Esther Clark Park, and so far nothing had been done because of vascillation on the part of Palo Alto. CITY COUNCIL MINUPES - September 3, 1980 ` C. SPECIAL REPORTS : �r 1. Reports of Standing Ccmmnittees: none 2. Reports of Ad Hoc Committees: a) Ad Hoc Public Safety Study Committee - Fire Report The City Manager reported that the PrP Hoc Committee had received the Public Safety Services Study frau Rural/Metro in Scottsdale and they hal also received public safety reports from the cities of Rohnert Park and Brisbane. As the Cmmittee had not had sufficient time to study and evaluate these reports, they were net prepared to present a report to the Council. Bruce Thompson, Chairman of the Ad Hoc Committee, gave an outline of the Committee's activities to the Council. On Friday, September 5, he, the City Manager and other members of the Ad Hoc Committee would be visiting Brisbane to study their public safety facilities and the Camnittee also planned to evaluate several city budgets concerning public safety. Mr. Thompson estimated that a report and a recd[ enrdation would be presented to the Council in 4-6 weeks time. Councilmembers agreed with this schedule and thanked Mr. Thompson and his comnittee for their attention and omnitment to this project. Councilwoman Hillestad also asked that her July 25, 1980 memo to the Council on the subject of 'Public Safety Ad Hoc Committee Recommendations concerning Los Altos Fire District' be noted as part of the record. (This letter is on file at Town Hall.) b) Los Altos Hills' Anniversary Ad Hoc Committee 42 0 Councilwoman Hillestad gave a brief report to the Council on the activities of this Committee. The Committee had met twice and a third meeting was scheduled for September 30, 1980. Possible activities had been discussed concerning the Anniver- sary with emphasis on certain events, namely, a recognition banquet in January, 1981; a little League Exhibition Gane and Parade and an exhibition at Westwind Barn. Plans were still in the formative stages and Councilwoman Hillestad would keep Council aware of the Committee's actions. 3. Reports fon the Planning Commission: none 4. Presentations from the Floor: none 9 e-4 60"0.'i Iii m i li 1. City Manager: a) City Manager's Report 2. City Engineer: a) Report on letter from Ramona S. Chown At the request of the applicant, this item was continued to the September 17, 1980 City Council meeting. The City Council then adjourned to Executive Session for Personnel at 8:00 p.m. and reconvened at 8:35 p.m. -2- CITY COUNCIL MIWJfES - September 3, 1980 E. SPECIAL ORDERS: 1. Adobe Creek Country Club Contract of Sale Mayor Nystrom stated that the Council would now review the agreement previously entered into with David Bellucci, Sr. concerning the acquisition of the Adobe Creek Country Club property. On Decenher 5, 1979, the Council had entered into the agreement which required, anong other things, that a California non-profit corporation be formed by January 18, 1980, and the initial Board of Directors appointed. This requirement had been complied with and Adobe Creek Recreational Facilities, Inc. formed. An initial Board of Directors consisting of three persons was appointed. The escrow for payment of the purchase price was provided to be closed within thirty days after the receipt of proceeds from the sale of bonds, or within one hundred and twenty days of the initial offering for sale of bonds, or September 5, 1980, whichever first occurred. The Town Administrative Staff and its attorneys had been studying the proposal to finance the purchase of the property by the assignment of the agreenent to the non- profit corporation and the offering by the con -profit corporation for public sale of the revenue type bonds. Specifically, there had been studied whetter tax exenpt revenue type bonds may in fact be offered for sale and issued for the type of oper- ation proposed. The second important question was whether, in view of the present financial market, it would be possible to sell the Lends. A parallel study hal been conducted to ascertain whether in fact sufficient incone could be generated frcm the operation of a tennis facility to service the bond debt and pay the oasts of operation. The ability to issue and sell bonds hal been the subject of a study by the firm of Rutan & Tucker. Stanley Wolcott III, representing the firm of Rutan & Tucker, presented their findings to the Council. He oannented briefly on the Lend market conditions; the intrinsic financial difficulty in the enterprise itself, and the question "was this really a public purpose type of facility?" Mr. Wolcott concluded his statement with the following: "It is our overall conclusion .that the financing of the project, as it is new contemplated, is not feasible by reason of the failure thereof to qualify as a tax exempt financing." (Rutan & Tucker's opinion letter dated May 29, 1980 is on file at Town Hall.) The City Manager gave a summation of the reports the City had received frau the firm of Harris, Kerr, Forster and Company, whrn had been retained by the City for financial consultant services. In their report on Market Demand for Facilities at Adobe Creek Country Club, the City Manager noted the following conclusion: "We are of the opinion that the Adobe Creek Country Club, located in los Altos Hills, California, is well suited for the operation of a private recreational club." In Harris, Kerr, Forster & Company's Statement of Estimated Inane and Expenses for the Adobe Creek Country Club, the concluding evaluation was as follows: "The activity level needed for Adobe Creek to break-even in its early years is likely to be too high to coexist with the Club. The high volume of persons and functions would tie up the Club's facilities and make them generally net available for the members. Our research indicated that this was a common oauuplaint of many former members against the management and operation of the Club prior to its closing." -3- CITY COUNCIL MIINUITS - September 3, 1980 E. SPECIAL ORDERS: 1. Adobe Creek Country Club Contract of Sale -- continued MOTION SECONDED AMID CARRIED: Moved by McReynolds, seconded by Nystrom and passed by all monbers present to adopt Resolution #1310 terminating the contract based on the facts that had been presented, to wit, whereas there is a demand for a private recreational club, the activity level required to break even is too high to coexist as had been presented with such a private club and within the concepts of the Town's General Plan. Councidmenbers agreed that although this contract had to be terminated, it was possible there could he future negotiations regarding Adobe Creek. 2. Public Hearings: a) Request for Tentative Map Approval, LANDS OF BELLUCCI, File TM #2104-79 (continued from 8/6/80 Council Meeting) The City Engineer reported to the Council that at the August 27, 1980 meeting, the Planning Commission had considered a three lot subdivision which involved parcel APN 351-03-009 and they had reommended approval of the subject map. Councilmenbers then discussed several of the Oonhitions of Approval, specifically 1.B, 1.F, 1.G, 6.A, 7.A and 9.A. Councilman Proft also asked for clarification of the maps before Council. To correct this possibly confusing map situation, it was agreed to mark the mals before Council "date stamped September 3, 1980". David Bellucci, applicant, and Paul Nowack, applicant's engineer, were present and addressed the Council regarding tlrse conditions. Carol Gottlieb and Mary Stutz, members of the Pathways Cammdttee, also spoke to the Council concerning the paths on this proposed subdivision. PASSED BY OJNSENSLS: To make the following corrections ail/or additions a part of the Conditions of Approval: Condition I.B amended to read: "The owner shall dedicate an open space conservation easement over the land within the subdivision located south of the 480 contour level as shown on the Tentative Map date stamped September 3, 1980 and over the parcel APN 351-3-010 located south of the 550 contour level as shown on the Tentative Map date stamped September 3, 1980. Except for work related to construction and main- tenance of pathways, no activities, clearing, grading or structures shall be allowed in this easement. " Condition I.F. amended to read: "The owner shall provide, prior to the filing of the final map, an agreement binding upon himself and successors and interests to provide vehicular access easements as follows: (i) across lot 3 from parcel APN 351-03-010 to lot 2; (ii) across lot 2 as shown on the alternate plan map; (iii) across APN 351-03-010 and 182-24-004 from Franchmont Road to lot 3 These agreements shall be recorded prior to recordation of the final map." CITY COUNCIL MINUTES - September 3, 1980 E. SPECIAL ORDERS: 2.a) LANDS OF BELLUCCI, File TM #2104-79 -- continued: Condition 1.G.1 amended to read: "Over the open space conservation easement of Condition 1.B.; specific pathways are to be designated within this region within a three (3) year time period, at which time the portions of the right of way not needed for the specific pathways will be abandoned. The owner shall provide, prior to the filing of the final map, an agreement binding himself and successors and interests to provide the path easement within 3 years of the recordation of the final map." Condition 1. G. 3. amended to read: "A ten foot (10') easement paralleling Moody Foal between Adobe Creek and Mio)dy Road in a location approved by the City Engineer." Condition 6.A. amended to read: "A Type IIB Path shall be installed within the ten foot (10') easement across Lots 1 and 2 or negotiated pati in -lieu fees and an easement to be granted on Parcel 3 and a dedication across entire properties including Parcels APN 351-03-010 and APN 182-24-004." Condition 7.A. Mn nded to read: "All fencing and related structures within the mad right of way and path easement shall be moved to the edge of the mar] right of way." Condition 9.A. amended to read: "Prior to filing of the Final Map, the stucco house, as shown on Tentative Map date stamped September 3, 1980, shall either be relocated as indicated on the Tentative Map or removed from Parcel 1; or a Cordi- tional Use Permit for a secondary dwelling shall be obtained through the Tann." nYTION SECONDED AND CARRIED: Moved by Hillestad, seconded by Nystrom and passed by all members present to approve the Tentative Map, LANDS OF BELLUCCI, File TM #2104-79, subject to conditions as recommended by the Planning Commission and as amended by Council b) Appeal of Planning Commission approval of Site Development permit for tennis court/pool/spa, File A #4775, 12169 Padre Court. Councilman Pmft appealed the Planning Caanission's approval of this matter because he felt it was net in conformance with the Town's General Plan and the tennis court policy. Planning Commissioner Carice stated that the Cssnnission had approved it with mitigating measures, i.e., the landscape plan mitigated the excessive fill. Peter Shaw, landscape architect, addressed the Council on behalf of the applicants. MOTION SEOONDED AMID FAILED: Moved by Nystrom, seconded by Hillestad and failed by the following roll call vote to uphold the action of the Planning Commission in approving LANDS OF LEE, A #4775. AYES: Mayor Nystrom and Councilwoman Hillestad NOES: Councilmen McReynolds and Proft ABSENT: Councilman Perkins Comci]manbers agreed that this item would be continued at the September 17, 1980 Council meeting. CS CITY COUNCIL MINUTES - September 3, 1980 E. SPECIAL ORDERS: (continued) %. 2. Public Hearings (continued) c) Request for Tentative Map Approval, IAMS OF BURDICK, File TM #2101-79 (continued frau 7/2/80 Council meeting) At the request of the applicant, this item was continued to the 9/17/80 Council meeting. F. GENERAL OME16 PND UNFTNISHM BLEINESS: G. NEW BUSIl MSS• H. ADJOUF714 : These being no further new or old business to discuss, the City Council adjourned at 11:30 p.m. Respectfully sulmitted, Patricia Dowd Deputy City Clerk Ln