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HomeMy WebLinkAbout06/07/1978CITY COUNCIL TOWN OF LOS ALTOS HILLS 26379 Fremont Road Los Altos Hills, California MINUTES OF A REGULAR MEETING Wednesday, June 7, 1978 cc: Reel 110, Side 2, Tr. I, 325 -End; Side I, Tr. I, 001-310 Mayor Lucile Hillestad called the Regular Meeting of the City Council to order at 7:32 PM In the Council Chambers of Town Hall. A. ROLL CALL 8 PLEDGE OF ALLEGIANCE: Present: Mayor Hillestad, Counclimembers Brown, McReynolds and Proft. Absent: Councilman Nystrom Staff: City Manager Robert Crowe, City Attorney Frank 011110, City Engineer Alexander Russell, and Deputy City Clerk Susan Buttler. Press: Florence Pallakoff, Los Altos Town Crier and Dave Farrell, Palo Alto Times. B. CONSENT CALENDAR: Councilman Proft questioned Warrant #3569 and was advised of the adjustment payment for liability Insurance based upon the final payroll audit. Mayor Hillestad asked about Warrant #3556 and explanation followed that this was the employees' disability Insurance payment for May. Mrs. Wood, Stonebrook, questioned If Westwind was included In the Town's liability Insurance and was advised that they were responsible for their own coverage. MOTION SECONDED AND CARRIED: Moved by Councilman Proft, seconded by Councilman Brown and carried unanimously by all members present to approve the Consent Calendar, specifically: I. Approval of Warrants: $19,629.50. C. SPECIAL REPORTS: I. Reports of Standing Committees: None 2. Reports of Ad Hoc Committees: a) Report from General Plan Task Force Committee. Councilman McReynolds summarized the Planning Consultant's proposal, asking for specific attention to the priority items. Discussion ensued on the areas of emphasis, funding problems resultant from recent revenue decrease, current General Plan deficiencles needing to be resolved and timely Implementation of priority measures. It was then decided to set a Special Meeting as soon as possible so that the Consultant might address Council's questions. LW 3. Presentations from the Floor: None CITY COUNCIL MINUTES - June 7, 1978 D. STAFF - REPORTS CORRESPONDENCE 8 ANNOUNCEMENTS: I. City Manager: a) Request for Building Permit Review, K. C. Mueller. The City Manager Introduced the report from the Town Geologist relative to soils stability of the proposed pool site, as requested by Council at their last meeting. MOTION SECONDED AND CARRIED: Moved by Mayor Hlllestad, seconded by Councilman Brown and passed unanimously by all members present to grant Applicant's request to re- adjust the conservation easement with all work to proceed under the direction of the Town Geologist's recommendations. b) Sanitary Landfill Environmental Assessment for North Santa Clara County. Carol Horowitz Earthmetrlcs, presented an update on cities' Involvement in the Joint Powers Agreement, designated landfill sites, problems encountered by some of the other cities In obtaining feasible disposal sites and work to be started on the resource recovery portion of the study within a short time. As it was well before 8:30 PM, the following Items were taken under consideration before SPECIAL ORDERS. F. GENERAL ORDERS $ UNFINISHED BUSINESS: I. Review of ABAG Environmental Management Plan. ` Mayor Hillestad told of her Involvement In the step by step process of formulating the Plan and outlined the areas covered In order to Insure compliance with State and Federal guidelines. She further recommended endorsement by the Council. Mrs. Wood, Stonebrook, questioned the stance the City of Cupertino had taken with regard to the Plan and the amount of dues the Town pays. Mr. Laws, Hooper Lane, asked about funding required from the Town. Determination followed that Cupertino had considered not paying their dues as opposed to non -endorsement of the plan, that dues were based on population brackets and that primary funding for the Plan would be Federal. MOTION SECONDED AND CARRIED: Moved by Councilman McReynolds, seconded by Councilman Proft and carried unanimously by all members present to endorse the ABAG Environmental Management Plan. G. NEW BUSINESS: I. Proposal for reconstitution of the Metropolitan Transportation Commission. Councilman McReynolds spoke In favor of the reconstitution to provide a more equitable voting structure for Santa Clara County. Councilman Brown clarified his vote of support as one of hesitancy due to the poor past performance of the Transit District. MOTION SECONDED AND CARRIED: Moved by Councilman Proft, seconded by Councilman Brown and passed unanimously by all members present to endorse the voting representation as shown on Attachment C of the recommended Reconstitution of the Metropolitan Transpor- tation Commission. The City Attorney advised of the recent court decision designating Kingsley Avenue as a public right-of-way with a resolution for acceptance forthcoming and requested Staff to place street name signs. -2- CITY COUNCIL MINUTES - June 7, 1978 G. NEW BUSINESS: (Continued) Councilman Proft Introduced a letter from the County Planning Department regarding the development of 600 acres of Semas/Neary property. Council consensus was to direct a letter to County Planning requesting that the Town have the opportunity of reviewing and approving each phase under the 'sphere of influence' provisions. E. SPECIAL ORDERS: I. Public Hearings: a) Annual Review of Conditional Use Permit, LANDS OF ADOBE CREEK COUNTRY CLUB, File C.U.P. #8004-74 Following Introduction by the City Manager, Council determined to hear from members of the audience wishing to speak to items of concern as stated in the memos from the City Manager and the City Attorney. D Klages President of Advisory Board/Adobe Creek Country Club, stated that he had been a member since August, 1976 and a former Director of the Board. He outlined the following problems facing the Club: (1) The current relationship of the Club to the property owner (as referenced In the City Attorney's memo dated June 2, 1978) Is in fact an illegal use; (2) The Advisory Board currently has little or no control over the Club; (3) The debt structure Imposed by the previous lease agreement placed the Members in a precarious position to re -negotiate the current lease agreement; (4) All personnel changes, finances and outside activities are currently handled directly through the management/property owner only; and, (5) All attempts to re-negotlate the lease/management contract (to comply with the provisions of the Use Permit) and/or purchase the Club have been futile. J. Jack ac former Treasurer and Board Director Bald that he had been a member since May, 1976 and offered a h story of po nts and problems as follows: (I) Every Board since his membership had been appointed by the property owner making them, In reality, advisory only; (2) Long membership sessions had been spent trying to work out lease/ management agreements; (3) Previous $750 memberships were now being sold for $100 by the management; (4) The membership had no Input or veto powers over outside activities; (5) He had never reviewed the books In his term as Treasurer; and, (6) The current membership has no rejection powers concerning the sale of new memberships or "licenses". D Burtellnk Soclal Committee, advised of the practice of obtaining dates not In con- flict with outside activities for the Club's functions and only using the catering service provided by management. J Fredericks Newsletter Editor, reiterated the problems Involved in scheduling Club functions and stated that prices were set by the management. L. Gabrlelson former Board Director, offered a detailed background of items already covered by other members with these additions: (1) Membership meetings were Aro be held In December each yearaccording to the By -Laws, however, members were hard pressed to recall details of the 1977 meeting; (2) The Club's debt at one time exceeded $300,000; (3) It was strongly hoped that the new lease/management agreement would resolve these financial problems; (4) Although the conditions of the Use Permit came as a surprise to the Board, many steps had been taken to resolve all areas needed to be brought Into compliance as quickly as finances permitted; (5) A refund of the $750 membership fee was included In the new agreement for those wishing to exercise this option by 1982; (6) Although he could not term the negotiations "arms length", the Board and general membership felt they were doing the best they could in working out the new agreement; (7) It was assumed that revenues from outside activities went against the Club's debt; (8) The re -structuring of the Board in December 1976 was not amended In the By -Laws; and, (9) The resignatl on of the Board of Direc4ors (7 members) was not done In writing. -3- CITY COUNCIL MINUTES - June 7, 1978 r E. SPECIAL ORDERS: (Continued) I. a) LANDS OF ADOBE CREEK COUNTRY CLUB (Continued) Mr Myer Attornev for D Bellucci/Property Owner requested to add the following to what was previously discussed: (I) The multitude of issues to be resolved In the negotiations precipitated the lengthy time factors; (2) There was no wish on the part of the property owner to retain dominance over the operations of the Club; (3) An equitable solution for all concerned has been the ultimate priority; (4) There are felt to be no ordinance violations in a recreational profit making facility; (5) Further study Is needed to determine if outside activities surpass the 10% revenue cited in the Use Permit; (6) High standards have been maintained for all services to Club members; (7) A fair rental and/or purchase price Is to be expected compensa- tion for any property owner; and, (8) The property owner stands to suffer the greatest loss should the progress of the Club be Impeded. Questions of both Counclimembers and the City Attorney pre-empted many of the above responses. Concurrently, the City Attorney referenced his memos of April 14, 1978 and June 2, 1978 which contain Items of non-compliance with the Conditional Use Permit and the serious defects In continuing with the current Lease and Management Contract. Ll At 11:00 PM, consensus of Councllmembers was to adjourn to litigation session with re -convening occurring at 11:20 PM. MOTION SECONDED AND CARRIED: Thereafter, moved by Councilman Brown, seconded by Councilman Proft and carried unanimously by all members present to adopt Resolution #1128 setting August 2, 1978 as the Public Hearing date for revocation of Conditional Use Permit for LANDS OF ADOBE CREEK COUNTRY CLUB, file C.U.P. #8004-74, because of alleged violations as presented to the City Council. There being no further new or old business to discuss, the City Council adjourned at 11:26 PM. Respectfully submitted, Susan Buttler Deputy City Clerk -4-