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.
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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