HomeMy WebLinkAbout06/09/1982CITY COUNCIL
TOWN OF IDS ALTOS HILLS
26379 Fremont Road
Los Altos fulls, California
1 I lY� � ' \ ' Y • ILII lil 1
Wednesday, June 9, 1982
co: Reel 135, Tr. II, Side II, 001-723
Mayor Perkins called the Adjourned Regular Meeting Of the City Council to order at
3:30 p.m. in the Council Chambers of Town Hall.
A. ROLL CALL AND PLEDGE OF ALLEGIANCE:
Present: Mayor Perkins and CouncihTenbars Allison, Hillestad, Proft and van Tamelen
Absent: None
Staff: City Manager Robert Crowe, Acting City Manager Marty Tarshes, Assistant
City Attorney William Hughes and Deputy City Clerk Pat Dowd
Press: Ed Herring, San Jose Mercury and John Raess, Peninsula Times Tribune
B. SPECIAL ORDERS:
1. Discussion of innovative approaches to the terms and conditions of the
Matadero Creek Subdivision as set forth in Resolution #1428 declaring
the intention of the City of the Town of Los Altos Hills to sell parcels
of real property and calling for sealed bids.
Council discussed the possibility of allowing a 38 commission fee for licensed
real estate brokers. They included in their discussion the advantages, disad-
vantages and tine -frames involved in so changing the terms and conditions of
sale. Perkins stated that the purpose of including brokers was to promote sales
of the lots and there should be an incentive for them to do this. It was
noted that brokers would be able to provide such services as customer relations,
showing of lots, multiple listings and in general have entree to potential
clients that the Town did not have.
Allison suggested the offering of a three -percent commission to licensed realtors
as a short-term effort to increase sales for the July 7th bid opening. After the
July 7th date, he agreed with van Tamelen's suggestion of placing all sales with
a brokerage agency and possibly raising the prices to cover the cost of these
professional services. Van Tamelen further suggested sharing the advertising
costs with said brokerage agency. Proft asked if the Town could legally increase
the muruinnan bids on the lots and the Assistant City Attorney responded that the
Town could raise the prices but could not go below fair market value. Hillestad
suggested sending a letter to all the local realtors stating the proposed changes
and she further cemented that whether a principal broker or open to all brokers
she was confident the lots would be professionally handled.
29
CITY CDUNCIL MINOTES - July 9, 1982
SPECIAL ORDERS (continued):
and President of the Los Altos Hills
the potential buyer go directly to Council at bid openings, thus avoiding the 38
oamuission. He also recommended that guidelines be given when requesting proposals
for a principal broker. Mr. seidnan was advised that Council would accept the
highest net bid which addressed the potential problem he posed.
LouiseDronkert 27431 Black Mountain Road, asked for clarification of the bid
process and the effective dates. Perkins noted that it would depend on the
agreement reached with the principal broker whether or net the Tuan would con-
tinue selling the lots themselves at Council meetings.
PDTION SECDDIDED AM CARRIED: Moved by Allison, seconded by Hillestad and passed
unanimously to direct the staff to prepare a resolution amending the conditions
and terms of sale for Matadero Creek to include the following: 1) all bids
received for the July 7th auction will allow a 38 brokerage fee for an accepted
bid made by a licensed real estate broker; 2) Council will accept the highest
net bid; and 3) bid auctions will be scheduled for each Council meeting until
such time as Council changes this procedure.
MOTION sBWNDED AND CARRIED: Moved by Allison, seconded by Proft and passed
unanimously to direct the City Manager to solicit proposals from real estate
brokers to act as principal broker for the Matadero Creek Subdivision on the
following two basis - exclusive listing and exclusive agency listing. Further-
more the City Manager is authorized to negotiate with said firms and to submit
his remumendations to the Council as soon as possible.
The City Manager suggested that Council provide a vehicle whereby multiple lots
could be purchased and a discount given for such a sale. He further remmiended
the opportunity for multiple lot sales be made available after the July 7th
auction and a specific process determined at such time, i.e. a certain discount
for a certain comber of lots. The Assistant City Attorney noted that this would
be a legal procedure on Council's part, if they wished to agree on such a pro-
cedure.
PASSED BY ODNSENSUS: To direct the City Manager to prepare a report on the
multiple lot procedure and to submit this report to Council with staff remaren-
dations before the next Council meeting.
PASSED BY CONSENSUS: To direct the City Manager to find out if the original
appraisal of Matadero Creek is still valid and bow much it would cost to update
said appraisal.
2. Transportation Camdssion
Proft reported that the Highway Financing Task Force had recaimended a 3fi/2C gas
tax allocation and had not included a sunset clause as the Council had suggested.
Council agreed that the 3fi/2C allocation was a better coupranise than going to
lane miles and asked Proft to get clarification of the intent of Section V as it
was being submitted.
`r C. ADJOURNIETP:
There being no further new or old business to discuss, the City Council adjourned
at 5:40 p.m.
Respectfully submitted,
-2- Patricia Dowd, Deputy City Clerk
4W CITY COUNCIL
TOWN OF IDS AUTOS HILI
26379 Fremont Road
Los Altos Hills, California
MINUTES OF A REQILAR MEETING
Wednesday, Jure 16, 1982
CC: Reel 135, Tr. II, Side, II, 724 -end; Tr. II, Side 1, 001-680
Mayor Perkins called the Regular Meeting of the City Council to order at 7:30 P.M.
in the Council Chambers of Tam Hall.
A. ROLL CALL AM PLEDGE OF ALLEGIANCE:
Present: Mayor Perkins and CouncilneMbers Allison, Hillestad, Proft and van Tamelen
(Hillestad left the meting from 8:10 P.M. to 8:45 p.m. to attend a
previous engagement)
Absent: None
Staff: City Manager Robert Crowe, Assistant City Attorney Willies Hughes;
Assistant Planner Pat Wehb, Acting City Manager Marty Tarshes and Deputy
City Clerk Pat Dowd
Press: Florence Pallakoff, Los Altos Town Crier
Planning Cr[mssion Vacancies - Interviews
Responses had been received firm Richard Rydell and Arthur Lachenbruch requesting
re -appointment to the Planning Commission. Applications had been received from
Paul Reneau, Jean Struthers and George Dai. George Dai and Jean Struthers were
present and were interviewed by the Council. A discussion followed on their reasons
for wishing to serve on the Planning Crmuission.
Proft nominated Richard Hydell for reappointment. Hillestad ruminated Arthur
Lachenbruch for reappointment. Hillestad nominated Jean Struthers. Proft nominated
Paul Renleau. Allison nominated George Dai.
MOTION CARRIED BY THE FOISAWING ROLL CALL VOTE to reappoint Richard Rydell to the
Planning Commission for a four-year terns.
AYES: Mayor Perkins, Councilmembers Hillestad, Proft and Van Taselen
NOES: Councilman Allison
MOTION CARRIED BY THE FOLLOWING ROLL CALL VOTE to reappoint Arthur Lachenbruch to
the Planning Crnmission for a four-year term.
AYES: Mayor Perkins, Councilmanbers Hillestad, Proft and van Tamlen
WOES: Councilman Allison
%W Allison noted for the record that he voted against the above reappointments because
Mr. Lachenbruch and Mr. Hydell had not been present for the interviews; therefore,
Council had not had the opportunity to discuss with them their reasons for serving
on thePlanning Commission.
CTTy COUNCIL MINUTES - June 16, 1982
planning ca mission Vacancies - Interviews (continued):
MYTION CARRIED By THE FOLLOWING BOLL CALL VOTE to appoint Jean Struthers to the
planning Ccnmission for a four-year term.
AYES: Mayor Perkins and CouncL members Hillestad and van Tamelen
AGES: Councidnrambers Allison and Proft
Council thanked Mr. Dai for his interest in the Town and noted that his applica-
tion and Mr. Reneau's would be kept on file for future reference.
Matadero Creek Subdivision - Bid Openings - Lot 12
At the 6/2/82 Council meeting the City Attorney was directed to prepare a resolution
changing Clause 24 of the CC&Rs for Matadero Creek.
MOTION SECONDED AND CARRIED: Moved by Hillestad, seconded by Allison and passed
unanirtnusly to adopt Resolution #1442 approving "Amendment to declaration imposing
conditions, covenants, restrictions, easements and agreements" upon Tract No. 7187,
entitled "Matadero Creek Subdivision" and authorizing execution thereof, and the
recordation thereof.
For purposes of clarification, Proft asked that the minutes be raroved from the
Consent Calendar for the meeting of June 2, 1982 and considered for approval at
this time.
MOTION SECONDED AND CARRIED: Moved by Allison, seconded by van Tamelen and passed
4b, by the following roll call vote to approve the minutes of June 2, 1982.
AYES: Mayor Perkins, Councilmenbers Allison, Proft and van Tanelen
NOES: None
ABSENT; Hillestad
A discussion followed on the preliminary site review for Lot 12 which had been
conducted by the Site Development Committee and reported on in a memo to Council
dated 6/15/82.
MYTION FAILED DUE TO LACK OF A SECOND: Moved by Allison to accept the findings of
the Site Development Nnmittee.
The procedure of the pre-bid review as introduced at the meeting of 6/2/82 was
discussed and clarified. It was noted that regarding this process, the findings
of the Site Development Committee would be final unless appealed. Council would
not be involved in the decision-making process but would have the opportunity to
appeal if it wished.
Mr. James Viso, bidder, addressed the Council and explained his understanding of
the pre-bid process, what he was requesting and what the findings were of his meeting
with the Site Development Committee.
The City Council then adjourned to Closed Session for Litigation at 8:45 p.m. and
reconvened at 8:55 p.m.
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CITY COUNCIL MIINTFS - June 16, 1982
MatodaM Creek Subdivision - Bid Openings - Lot 12 (continued)
4w MOTION SECONDED AMID CARRIED: Moved by Allison, seconded by Hillestad and passed
by the following roll call vote to approve the building site circle for Lot 12
as requested by Mr. James Viso.
AYES: Mayor Perkins, Comcij,,mbers Allison, Hillestad and van Tamelen
NOES: Councilman Proft
Proft noted that he could mt support this motion because, in his opinion, it
conflicted with actions on this matter previously taken by Council.
MOTION SEDONDED AMID CARRIED: Moved by Allison, s oonled by Hillestad and passed
unanimously to adopt Resolution #1443 authorizing execution and delivery of deed,
and accepting deed of trust and authorizing recordation thereof concerning Lot 12,
Tract No. 7187, Matadero Creek Subdivision.
B. CONSENT CALENDAR:
Items Removed: B.1 (Proft - minutes taken out of order and approved earlier in
meeting --6/2/82 minutes)
B.2 (resident)
MOTION SECONDED AMID CARRIED: Moved by Proft, seconded by Hillestad and passed
unanimously to approve the balance of the Consent Calendar, specifically:
1. Approval of Minutes: June 9, 1982
3. Time Extension Request:
a) Request to extend installation of i>TProverents to 12/30/82 - LANDS OF
MELcMR, Tract #7010
4. Resolutions for Adoption:
a) Resolution #1444 appointing Patricia M. Dowd as City Clerk of the City
of the Town of Los Altos Hills.
b) Resolution #1445 declaring the intention of the City of the Tom of Los
Altos Hills to sell parcels of real property and calling for sealed bids.
c) Resolution #1446 setting the public hearing date to consider the Williamsor
Act petitions.
Item Removed:
2. Approval of Warrants: $76,410.07
The City Manager noted that this figure was different from the one shorn on the
agenda for the 6/16/82 meeting. A corrected warrant list had been submitted after
the distribution of agenda materials.
Alma hood, 12151 Stonebrook, asked for clarification of the Matadero Creek account
and the expenses inwlved for Moody Court. She also questioned warrants #8083, 8114
and 8118. The City Manaus explainedthese accounts and charges.
V MOTION SECONDED AMID CARRIED: Moved by Hillestad, seconded by Proft and passed
unanimously to approve the warrants ($76,410.07.
-3-
CITY ()owlf, MIN[IPFS - June 16, 1982
C. SPECIAL REPORPS•
1. Reports of Standing CaMittees: mane
2. Reports of Ad Hoc Cunni.ttees: none
3. Reports from the Planning Commission: none
4. Presentations from the Floor:
Alma Wood, 12151 Stonebrook, ratified Council that the American and State flags
were not being flw at Town Hall and she wanted to see this situation corrected.
1. City Manager's Report:
The City Manager reported that the repair of storm damage on Page Mill was almost
complete and the paving at Matadem Creek should be completed in the next couple
of days. He further noted that he and Marty Tarshes had been reviewing various
methods of financing the subdivision and would keep the Counciladvised of any new
developments. Van Tamelen asked the City Manager to provide a status report on the
S -(,lave and the agreement with William Spangle.
E. SPECIAL ORDERS:
1. Resolution # approving the Joint Powers Agrem nt - North County Solid
Waste Management
Thomas Henderson, Manager of
the
JPA, briefly explained the
agreement before Council
w gave a short history of the JPA. The agreement provided
the vehicle for carrying
out the plans discussed when
the
JPA had been established.
Jackie StewartLegal Counsel for the JPA, explained Article VII of the Agreement,
'Assumption ot obligations' to the Council.
Council discussed the ingartance of finding a solution to the solid waste problem.
Allison, however, expressed serious concerns about the financial inpact of accepting
this agreement. He questioned the consulting costs and suggested that the cities
and staffs be involved in the project and the choice of a consultant.
MDTION SECONDED AND CARRIED: Moved by Hillestad, seconded by Proft and passed by
the following roll call vote to adopt Resolution #1447 approving and authorizing
execution of joint exercise of powers agreement between the City of the Town of
Los Altos Hills and the cities of Cupertino, Los Altos, Palo Alto and Sunnyvale.
AYES: Mayor Perkins, CounciLrenbers Hillestad, Proft and van Tamelen
NDES: Councilman Allison
2. Los Altos Garbage Company - Request for. Rate Increase
At the request of Mr. Renati, President of the Los Altos Garbage Company, this iter
[ was continued to the next Council meeting. Proft did request that at that time Mr.
V FPnati include curbside service in his proposal and what additional cost would be
involved. Allison asked that financial justification (audited statement) for the
rate increase also be included with the proposal.
-4-
CITY COUNCIL, MINUPES - June 16, 1982
F. GENERAL ORDERS AND UNFINISHED BUSINESS:
1. Police Services: Decision whether to begin supplemental service on 7/1/82
Allison referred to his mend dated 6/15/82 which provided additional information
on the proposed Supplemental Patrol Services.
Captain Donald Tamm. Sheriff's Department, addressed the Council and further
explained the proposal he had submitted to the Tuan for supplemental service.
In response to questions from Council, Captain Tamn noted what hours this
supplemental service would take place, what personnel would be assigned and how
the department would keep track of the number of hours spent in the Town.
At the recce endatiou of the City Manager, Council did net authorize the supple-
mental service at this time. Rather the issue would be considered during budget
sessions and priorities would be established.
2. Ad Hoc Police Protection Camdttce - Charges
Allison referred to his memo of 6/8/82 which provided background information on
this Ad Hoc Committee and also outlined the charges for the committee. Van Tamelen
also suggested that the committee evaluate the proposal for supplemental services
and check data on other cities that haw supplemental services. In addition to those
listed in the 6/8/82 memo as having expressed an interest in serving on this camuittee
Hillestad suggested Chris Smith and Bill Downey as possible mambers.
G. NEW BUSINESS:
1, Ann Throop - Los Altos Library Commission - Request for consideration of a
Library Study Crn ttee and requst for financial support
Ann Thrcop Los Altos Library Cannission, referred to her mew of 5/17/82 and
the recamendation that a committee be established to determine the desirability
and the feasibility of withdrawing the Los Altos and the Woodlands Libraries from
the Santa Clara County Library System and forming a joint library system to serve
the two communities.
PASSED BY CONSENSUS: To approve the establishment of a Library Study Cenmittee
as described in the 5/17/82 memo frau Am Throop and to direct Mary van Tamelen
to subunit names of three residents from Los Altos Hills for this cmmittee.
Representatives from the Los Altos Library Commission, the League of Women Voters
and the Office of the Santa Clara County Librarian explained the budgetary cuts
to the libraries and requested financial support from the Town.
bi7PION SEOONDED AND CARRIED: Moved by Hillestad, seconded by Perkins and passed
unanimously to continue consideration of this request for financial support to
the budget study sessions.
Allison stressed the importance of going to the State and County levels with
requests for financial support. The cities' budgets were being reduced by the
State and County; therefore, anplaints regarding budgetary cuts should be
`, directed to the proper source.
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CTTy ODUNCIL MDMES - June 16, 1982
G. NEw BLEn➢ ss (continued):
2. Alan I.anmbert - Alternate Land Use - Berry Hill Farms, Inc.
Council thanked Mr. Lambert for his letter dated 6/7/82 which provided an innova-
tive proposal for the use of land at the Berry Hill Fars.
Proft left the meeting at 10:30 p.m.
3. Acting City Manager and project Manager for Matadero Creek
M7PION sDmmED AND CARRIED: Moved by Allison, seconded by Hillestad and passed
unanimously by all members present to adopt Resolution #1448 appointing M.D.
"Marty" Tarshes as the Acting City Manager of the City of the Town of Los Altos
Hills.
bDPION SBCDNDED AND CARRIED: Moved by Hillestad, seconded by Allison and passed
unanimously by all members present to appoint Acting City Manager, Marty Tarshes,
Project Manaus for the Matadero Creek Subdivision.
4. Robert E. Crate
Hillestad presented Mr. Crowe with a frames picture of the Town's seal and
thanked him for his many years of dedicated service to los Altos Hills.
5. Budget Study Sessions
Council stressed the krportance of reviewing the budget as soon as possible.
It was agreed to schedule a budget study session for 9:30 a.m. on June 23, 1982.
6. Urdergrounding of Utilities
Allison requested the City Manager to prepare background information in support
of utilities' urdergrounding concession efforts. Allison referred to the League
of California Cities Legislative Bulletin dated 6/11/82 which gave an update on
this issue.
7. Public Safety Report
Perkins noted that the final report had been received from Gordon Penfold, former
Director of Public Safety. In addition Perkins commented that Mr. Penfold would
be available to answer any questions Council may have concerning this report.
8. Los Altos Garbage Company - contract
A Committee to review the garbage contract was established including the Mayor,
the City Manager, the City... Engineer and the City Attorney. In part this camnittes
would seriously evaluate other providers of garbage services.
H. ADJOURITIENT:
There being no further new or old business to discuss, the City Council adjourned
1� at 10:55 P.M. to an Adjourned Regular Meeting at 9:30 a.m. on Wednesday, June 23,
�I 1982.
Respectfully submitted,
-6- Patricia Dann, Deputy City Clerk