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HomeMy WebLinkAbout01/18/1978CITY COUNCIL "` TOWN OF LOS ALTOS HILLS 26379 Fremont Road Los Altos Hills, California MINUTES OF A REGULAR MEETING Wednesday, January 18, 1978 cc: Reel 107, Side I, Tr. I, 1007 -End; Side 2, Tr. I, 001 -End, Side I, Tr. 2, 001-208 Mayor Keith Brown called the Regular Meeting of the City Council to order at 7:34 PM in the Council Chambers of Town Hall. A. ROLL CALL 8 PLEDGE OF ALLEGIANCE: Present: Mayor Keith Brown, Council members Cheney, Hlllestad, McReynolds and Proft. Absent: None. Staff: City Manager Robert Crowe, City Attorney Frank Billie, City Engineer Alexander Russell, Commissioner Joseph Dochnahl for the Planning Commission and Deputy City Clerk Susan Buttler. Press: Richard Hanner, Palo Alto Times; Ed Hering, Mercury -News and Doane Yager, Town Crier. B. CONSENT CALENDAR: MOTION SECONDED AND CARRIED: It was moved by Councilwoman Hillestad, seconded by Councilman McReynolds and carried unanimously to approved the Consent Calen- dar, specifically: I. Approval of Minutes: January 4, 1978 2. Approval of Warrants: $51,095.23 3. Motions for Adoption: a) LANDS OF DAWSON, File TM #2073-77, setting February I, 1978, as the Public Hearing date. 4. Resolutions for Adoption: a) Resolution #1096 further amending Resolution No. 696 relating to Standing Committees as amended by Resolution No. 971. b) Resolution #1097 concurring in the amendment to the Solid Waste Management Plan for Santa Clara County establishing an interim, countywide administra- tive structure. C. SPECIAL REPORTS: I. Reports of Standing Committees - Request by Environmental Design Committee for approval of Implementation of landscaping plan for Town Hall. Mr. C. Smith Vlce-Chalrman utilized the plan as submitted to show the improve- ments as proposed, specifically, a berm behind the parking area with trees and plantings for sound barrier, wild flower seeding and four trees in the open area behind this, new planting below the window of the Committee Room, relocation of the garbage bins, the installation of a watering trough and hitching post at the CITY COUNCIL MINUTES - January 18, 1978 C. SPECIAL REPORTS: (Continued) #AW I. Reports of Standing Committees: (Continued) pathway Intersection, and supplemental planting beneath the bushes along Fremont. He also outlined an idea for renovating the area between the Council Chamber and the Historical Society. Council questions followed regarding the need for a back entrance to the Staff parking lot, paths and openings along Fremont Road, types of trees to be planted and the need for directional signs at the front of Town Hall. MOTION SECONDED AND CARRIED: Moved by Mayor Brown, seconded by Councilwoman Hillestad and passed unanimously to approve the allocation of $5,000 for Town Hall landscaping and consensus against the back entrance and In favor of all other recommendations of the Environmental Design Committee. 2. Reports of Ad Hoc Committees: None 3. Presentations from the Floor: None D. STAFF - REPORTS. CORRESPONDENCE 8 ANNOUNCEMENTS: I. City Manager: Mr. Crowe reported on the damages in the Town resulting from the heavy rains earlier in the week, outlining the areas involved and the extensive work the crew had accomplished in placing sandbags and berms to prevent flooding, removing fallen trees, clearing mud off roads and cleaning catch basins. Councilman McReynolds praised crew members for their weekend work and Council consensus was to offer commendation to the entire crew for their hard work In this effort. a) Report on Adobe Creek Country Club - Compliance with Conditional Use Permit. Following Introduction by the City Manager, discussion ensued on boundary dis- crepancles on the plot plan, a building that had not been Included on the plot plan and methods to correct these problems. Consensus was not to accept this plot plan and request the City Engineer meet with engineers for the Club to work out the differences. Mayor Brown then requested that the Auditor's letter and Note 3, Page 3, from the Financial Statement for Adobe Creek Country Club be in- serted in the Minutes: Gentlemen, The accompanying statement of assets, liabilities and fund balance of Adobe Creek Country Club at December 31, 1976 and the related statement of cash receipts, cash disbursements and changes to fund balance for the year then ended were not audited by me and accordingly I do not express an opinion on them. Adobe Creek Country Club has not presented a statement of changes In finan- cial position for the year ended December 31, 1976. Omission of that state- ment Is a departure from generally accepted accounting principles. signed - Charles E. Mollett, III, C. P. A. NOTE 3 - PAGE 3: Adobe Creek Country Club uses the cash receipts and dis- bursements method to record financial transactions. Accordingly they do not record accounts receivable and accounts payable. At December 31, 1976 these amounts were as follows: Accounts Receivable, $ 9,852 Accounts Payable, 265,489 -2- CITY COUNCIL MINUTES - January 18, 1978 D. STAFF - REPORTS CORRESPONDENCE 8 ANNOUNCEMENTS: (Continued) a) Adobe Creek Country Club (Continued) Councilman McReynolds noted the insolvent condition of the Club and the Mayor expressed hope for a more complete financial statement for 1977. Thereafter, Mr. Crowe cited the nearly complete hood installation In the kitchen, the pro- gress on the landscaping, the Insurance certificate now on file with the Town and referred to the City Attorney for further discussion. The City Attorney stated that the above Items had been verified and it was now Council's deter- mination to: (1) Accept or reject the plot plan, (2) Accept or reject the financial statement,(3) Direct the removal of the buildings In question and by whom, and (4) Establish the current status of the club - non-proft versus commerical. Mr. Gillio further outlined the over -reaching powers of the lessor, all revenues to the lessor due to the combined lease/management contract, the Board of Directors existence as a minor consulting body only and the need for revised lease and management agreement which should be designed to let the lease stand on Its own. Discussion followed on these matters and on the need also for revised by-laws from the Club. MOTION SECONDED AND CARRIED: As it was past the hour for Special Orders, It was moved by Councilman Cheney, seconded by Councilwoman Hillestad and passed unan- imously to waive the rules and go on to Special Orders. E. SPECIAL ORDERS: I. Annexation to the Town of certain property - LANDS OF PERRETT. MOTION SECONDED AND CARRIED: Moved by Councilwoman Hillestad, seconded by Council- man Cheney and carried unanimously to approve the annexation of LAH 77-1 and LAH 77-2, Lands of Parrett, to the Town of Los Altos Hills. 2. Removal of certain property from the Williamson Act - LANDS OF PERRETT. Continued by the City Attorney to notice for Public Hearing. 3. Public Hearing: a) Ordinance amending Article XI of Chapter 4, entitled "Subdivisions" of Title 9 of the Los Altos Hills Municipal Code by adding thereto Section 9-4.1115. Following reading of the Ordinance by the City Clerk, the hearing was opened to the public. Mr. Stewart Mandoll Drive, told of the history of subdivision fencing and suggested that "any type of pre -cast panelling" be added to the wording of the Ordinance. Mr. Giller, Vinedo Lane, expressed ambivalent feelings about the Ordinance and opposed the concept of architectural control. Mr. Lache2l,Buena Vista Drive, suggested that this be referred to the Plan- ning Commission for review. MOTION SECONDED AND CARRIED: Moved by Councilman Cheney, seconded by Councilwoman Hillestad and passed unanimously to recommend the draft Ordinance, with sugges- t tions and Ideas, to the Planning Commission for their consideration. -3- CITY COUNCIL MINUTES - January 18, 1978 E. SPECIAL ORDERS: (Continued) v 3. Public Hearing: (Continued) b) Ordinance relating to organized jogging on public rights-of-way. MOTION SECONDED AND CARRIED: As two draft proposals had just been put before Council at the meeting, it was therefore moved by Councilman Proft, seconded by Councilman McReynolds and carried unanimously to continue this Item to the next meeting in order to give due consideration. D. STAFF - REPORTS CORRESPONDENCE & ANNOUNCEMENTS: 2. City Attorney: a) Accident Claims - John Evans, Mildred Evans, Cyrus Rudinger and Maybell Rudinger. MOTION SECONDED AND CARRIED: Following Introduction by the City Attorney, It was moved by Councilman Proft, seconded by Councilman McReynolds and carried unan- imously to reject the subject Accident Claims and forward to the Town's Insurance carrier for processing. F. GENERAL ORDERS & UNFINISHED BUSINESS: I. Report of Ad Hoc Committee on Committees & Commissions, MOTION SECONDED AND CARRIED: Councilwoman Hillestad outlined the report �. and it was then moved by Councilman McReynolds, seconded by Councilman Proft and passed unanimously to accept the Report and commend Councilwoman Hillestad for her efforts In the preparation thereof. 2. Request by U. H. Chan for deletion of Condition #9 - LANDS OF SMITH, File BSA #6061-75. The City Manager introduced the request and detailed a brief history. Mrs Fiksdal Pathway Committee Chairman told of the permissive use of this path- way easement for the last fifteen years and the vital link it provided. Mr. Chan, Applicant, expressed his hope that another approach could have been located as this pathway restricted a possible pool site and encroached on the privacy of his lot. He also cited the lack of deed easements granted by adjacent property owners and the fairness In Imposing this condition on him. Discussion ensued on liabilities inherent with pathways, legal ramifications of a permissive easement, problems with motorcycles and fencing solutions to the privacy Issue. Mr. Lachenbruch, Buena Vista Drive, spoke of the old debate of the Town versus the property owner In restricting the unauthorized ure of paths. MOTION SECONDED AND CARRIED: It was moved by Councilman Cheney, seconded by Councilman Proft and carried by the following roll call vote to reject the re- quest by Applicant, retain Condition 9 of BSA #6061-75 and accept the deed of easement. AYES: Councllmembers Cheney, McReynolds and Proft. NOES: Mayor Brown and Councilwoman Hillestad. ABSENT: None. MC CITY COUNCIL MINUTES - January 18, 1978 F. GENERAL ORDERS 8 UNFINISHED BUSINESS: (Continued) 3. Request by H. N. Reiser for time extension on completion of Improvements - LANDS OF REISER, File Parcel Map 349 M 21. The City Manager offered background on this request, with the subject Parcel Map having been recorded In 1974. Mr. Reiser, Applicant, told of his original unwillingness to subdivide and also asked for clarification on the term "all weather surface" for construction of the emergency access road. Mr. Lachenbruch Buena Vista Drive, spoke in favor of the Applicant's requests in order to keep an open, rural atmosphere in that area and, particularly, against any type of paving on the emergency access road. Discussion followed on the amounts needed now and In the future to cover all im- provement costs, the steepness of the emergency access road and its necessity, and the need to have more Information available to consider this Item. MOTION SECONDED AND CARRIED: Moved by Councilwoman Hillestad, seconded by Councilman McReynolds and passed unanimously to continue this matter to the next meeting. MOTION SECONDED AND CARRIED: As It was the hour of adjournment, thereby moved by Councilman Cheney, seconded by Councilman McReynolds and carried by the following roll call vote to continue the meeting and discussion of Item D. I, a). AYES: Mayor Brown, Councilmembers Cheney, Hillestad and McReynolds. NOES: Councilman Proft. ABSENT: None. Mr. Zoller, Attorney for the Club, spoke strongly in support of the professionalism involved in the preparation of the Plot Plan and Financial Statement and, as to the accuracy of these documents. He also told of the high standards maintained at the Club, the non-profit status In the past and now, and monitoring powers of the Board of Directors as being equal to any others. Mr. Klages Board President, reiterated the powers of the Board and, also, that of the membership. He asked for clarification on what was needed to bring the Club into full compliance with the C.U.P. and promised willingness to endeavor to meet all requirements. At approximately 12:00 a.m., Council adjourned to Liti-gation Session. Upon return, Councilman McReynolds advised those present of Council's responsibility to protect the Town's zoning and their uneasy position with regard to the Club's questionable lack of compliance with that and the provisions of the C.U.P. Councilman Proft outlined the leniency the Town had shown the Club in the past and the great step that could be taken to resolve this Issue with a new management contract forth- coming from the Club. It was then determined that a letter be sent the Club outlining the specific areas remaining that were felt to not be in compliance with Town zoning laws and the provisions of the Conditional Use Permit. H. ADJOURNMENT: There being no further new or old business to discuss, the City Council adjourned at 12:30 A.M. Respectfully submitted, Susan Buttler Deputy City Clerk -5-