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Home My WebLink About11/16/1977CITY COUNCIL 4 TOWN OF LOS ALTOS HILLS 26379 Fremont Road Los Altos Hills, California MINUTES OF A REGULAR MEETING Wednesday, November 16, 1977 cc: Reel 106, Side 2, Tr. I, 68 -End; Side I, Tr. 2, 001-438. Mayor Keith Brown called the Regular Meeting of the City Council to order at 7:30 PM in the Council Chambers of Town Hall. A. ROLL CALL 8 PLEDGE OF ALLEGIANCE: Present: Mayor Keith Brown, Councllmembers Cheney, Proft and McReynolds Absent: Councilmember Hlllestad Staff: City Manager Robert Crowe, City Attorney Frank Gillio, City Engineer Alexander Russell, Deputy City Clerk Susan Buttler Press: Iver Davidson, Los Altos Town Crier and Dave Farrell, Palo Alto Times B. CONSENT CALENDAR: MOTION SECONDED AND CARRIED: Moved by Councilman Cheney, seconded by Councilman Proft and carried unanimously by all members present to approve the Consent Calen- L dar, specifically: �r I. Approval of Minutes: November 2, 1977. 2. Approval of Warrants: $10,097.09. 3. Motions for Adoption: a) LANDS OF HUTCHINS, File TM #2053-77, Granting Time Extension to 2/1/78 for Planning Commission consideration. b) LANDS OF HORTON, File TM #2066-77, Granting Time Extension to 2/1/78 for Planning Commission consideration. c) LANDS OF TROEDSON, File TM #2069-77, Granting Time Extension to 2/1/78 for Planning Commission consideration. d) LANDS OF GERARD INVESTMENT, File TM #2071-77, Granting Time Extension to 2/1/78 for Planning Commission consideration. e) LANDS OF BLEDSOE, File TM #2070-77, Granting Time Extension to 2/1/78 for Planning Commission consideration. 4. Resolutions for Adoption: a) Resolution #1084 ordering reduction of Assessment No. 568, Sewer Assess- ment District No. 9. b) Resolution #1085 ordering reduction of Assessment No. 737, Sewer Assess- ment District No. 9. v CITY COUNCIL MINUTES - November 16, 1977 C. SPECIAL REPORTS: ` I. Reports of Standing Committees: None 2. Reports of Ad Hoc Committees: None 3. Presentations from the Floor: None D. STAFF - REPORTS, CORRESPONDENCE 8 ANNOUNCEMENTS: None As it was not the time for Special Orders, the City Manager asked to Introduce some items of New Business. G. NEW BUSINESS: Mr. Crowe referenced the letter before Council from the Board of Supervisors, Santa Clara County Transit District asking for titles response relative to diesel versus propane buses. Following discussion on the merits and/or Ilmlta- tions of each, Councllmember McReynolds offered to undertake a thorough inves- tigation and respond to this letter. MOTION SECONDED AND CARRIED: Following Introduction by the City Manager, it was moved by Councilman Proft, seconded by Councilman Cheney and passed unanimously by all members present to adopt: Resolution #1086 ordering and calling a General Municipal Election to be held on March 7, 1978, and providing for giving of Notice thereof. Councllmember Cheney stated that, after researching, It appeared that the Audit report showed the fund balance higher than the preliminary estimate of the fund balance and he requested an update from the City Manager with the possibility of transferring this surplus into the road and drainage fund. Mrs. Wood, Stonebrook Drive, acknowledged receipt of the breakdown on gas expen- ditures for Security Patrol services for 1975-76. She felt that the placement of this Item in the accounts was misleading and requested an Investigation Into the original approval given (written or verbal) to Penfold 8 Associates for gas purchases. Discussion followed on types of accounting practices, background Information on this matter and the need to resolve all questions once and for all. MOTION SECONDED AND CARRIED: Moved by Councilman Cheney, seconded by Councilman Proft and carried unanimously by all members present that: The City Attorney be directed to look at the Penfold $ Associates Contract (1974-76), ascertain the legal implications of using Town provided gasoline and determine whether authoriza- tion for this use was written or verbal. ��1119YNC1NIX 21.10 I. Request for Final Parcel Map Approval, LANDS OF DICKINSON, File FM #3041-77. MOTION SECONDED AND CARRIED: Following introduction by the City Manager, Council- man Proft moved, Councilman McReynolds seconded and it was unanimously passed by all members present to adopt Resolution #1087 approving Final Parcel Map for Lands of Dickinson and approving and authorizing execution of the Subdivision Agreement. 2. Request for Final Map Approval, LANDS OF BERGER, File FM #3042-77. Councilman McReynolds questioned the sufficiency of the bond and the City Engineer asked for Council direction on the type of barrier to be placed between Lots 8 and 9 on the pathway. It was determined that the bond amount was adequate and that the City Engineer check with Mid -Peninsula Regional Park District regarding the best type of motorcycle barrier for this path. -2- CITY COUNCIL MINUTES - November 16, 1977 E. SPECIAL ORDERS: (Continued) MOTION SECONDED AND CARRIED: Moved by Councilman Cheney, seconded by Councilman Proft and carried unanimously by all members present to adopt Resolution #1088 approving Final Subdivision Map, Tract #6112, and approving and authorizing the execution of the Subdivision Agreement. 3. Request for Endorsement of Four -Zone Paramedic Program. Mayor Brown introduced this item, referencing material before the Council, outlining the benefits of four zones versus three zones and the need for all cities affected to offer support. MOTION SECONDED AND CARRIED: Then moved by Councilman McReynolds, seconded by Councilman Proft and passed unanimously by all members present to Endorse the Four -Zone concept and request full funding. F. GENERAL ORDERS 8 UNFINISHED BUSINESS: Report on Adobe Creek Country Club - Compliance with Conditional Use Permit. Following Introduction by the City Manager, Councilman Proft questioned the failure of the Club to submit financial audits to the Town for more than eleven months. Mr. Zoller, Attorney for the Club, reviewed six areas not in compilance with the provf Bions of the Conditional Use Permit, specifically: (1) The installation of a new kitchen floor had been completed and should be sealed within 30 days; (2) Completion of fire sprinkler system to be achieved by February 15, 1978; (3) Re- location of fire sprinkler heads awaiting further discussion with representatives d of the Fire District; (4) Ansel system hood In kitchen to be forthcoming (no date ` given); (5) The Plot Plan will be submitted as soon as the Moody Road boundary line Is defined (no date g van ); and, (6) Landscaping to be finished when drought conditions ease (no date given). He further stated that the absence of a financial statement was merely an oversight, promising Council one within a week. The City Attorney reviewed the original Articles of the Club, powers of the Board of Directors and management concepts versus what exists today. Also Included was the financial condition (both then and now),and the membership status. He empha- sized that the only members now of the Club were the three Board of Directors with all former members being licensees. Discussion followed on the previous shaky financial status of the Club, the mem- bership approval of the current management contract, legal representation of Adobe Creek Properties, Inc. and Adobe Creek Country Club, lease amounts, and con- versations with members of the Corporation Commission on all of these changes. The City Attorney's determinations were: (1) The re -structuring of both the Board of Directors and the Club was Initiated by one member with the approval of the "licensees" of the Club; (2) The only way to remove the Club from the management contract would be to dissolve the Corporation; (3) The current debt situation makes such removal Improbable, if not impossible; (4)Both the lease agreement and manage- ment contract are now in compliance with the conditions of the C.U.P.; and, the Involvement of only one attorney for both parties in this Issue should pose serious questions for the Council. Mr. Don Klaoes had Inhnew President of the Board of Directors, discussed the many problems the new Board erited and the ways they had tried to resolve these problems and still be in compliance with Town regulations. a9 'CITY COUNCIL MINUTES - November 16, 1977 t F. GENERAL ORDERS 8 UNFINISHED BUSINESS: (Continued) 1. Report on Adobe Creek Country Club (Continued). Mr. Zoller, Attorney for the Club, protested the question of his representation of both the Club and the lessor, stating that he had often deferred to another attorney whenever it was in the best Interests of the Club. He also felt that the previous lease amount had not been exorbitant when considering land values. MOTION SECONDED AND CARRIED: Due to the serious nature of all these Issues, It was moved by Councilman Proft, seconded by Councilman Cheney and carried unanimously by all members present to adjourn to Litigation Session at 10:35 P.M. H. ADJOURNMENT: Upon return from Litigation Session, there being no further new or old business to discuss, the City Council adjourned at 10:55 P.M. Respectfully submitted, Susan Buttler Deputy City Clerk -4-