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HomeMy WebLinkAbout09-10-1991 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Tuesday, September 10, 1991 - 6:30 p.m. TYPE: Adjourned Regular Meeting/Joint Meeting with Hakone Foundation 'Board and Tract 7770 Task Force Joint Meetinq with Hakone Foundation Cultural Center Building, Hakone Gardens, 21000 Big Basin Way 1. Roll Call The meeting was called to order at 6:30 p.m. Councilmembers Anderson, Clevenger, Monia, Stutzman and Mayor Kohler were present. Hakone Foundation Board members present were Ann Marie Burger, Don and Frances Miller, Gladys Armstrong, Helen and Ralph Metcalf, Henry Yamate, Kay Duffy, Sue and Jack Mallory, Fred Peterson, and Charles Escort. 2. Report of City Clerk on Posting of Agenda The City Clerk reported that pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on September 6. The notice of adjournment from the September 4 Council meeting was properly posted on September 5. 3. MONIA/STUTZMANMOVED TO PLACE CLOSED SESSION ITEM ON THE AGENDA RELATING TO THE CURRENT LITIGATION ON THE VILLA MONTALVO CASE. Passed 5-0. 4. Discussion of Annual Financial Report Don Miller, President of the Foundation, presented the annual report from the Foundation. The Cultural Center is essentially complete, and money is on hand to finish the remaining interior of the building. Henry Yamate presented the annual financial report. Vice Mayor Monia asked about shortcutting the presentation of the cash flow report. Mr. Yamate replied that at present it is not necessary even though it should be included according to certain accounting standards. As the Foundation becomes more operationally oriented such a report would be more appropriate and can be included in the report next year. Mr. Monia also asked about the reported sale of stock. Mr. Yamate indicated this was a gift which the Foundation has turned into cash. Discussion ensued regarding the rental of facilities after closing being no later than 9:00 p.m. Should the City allow a later closing time? The Cultural Center is open to 10:00 p.m. One of the historical limits is no dancing and no amplified music. Foundation intends to experiment with these changes in operation. Don Miller asked approval for four new trustees, Paul Bowlin, Reiko Iwanaga, Jack Hickling, and Jeff Heid as shown on page four of the annual report. CLEVENGER/MONIA MOVED TO APPOINT BOWLIN, IWANAGA, HICKLING AND HEID. Passed 5-0. Parkinq or Entrance Charqes to Hakone Garden - The Board is proposing a $3 parking charge for all visitors. Council agreed to have the Foundation continue to pursue this idea. Need for Paid Staff - As organization grows and parking, etc. becomes a reality, paid staff will be required. Need to explore options for handling same, including having the City staff on behalf of the Foundation. Vice Mayor Monia suggested that a staff needs analysis based on future activity levels could help the Foundation look at this issue into the future. Other issues needing attention include handicapped access and facilities, walk for women in high heels so they don't have to walk on City Council Minutes 2 September 10, 1991 gravel. The meeting was adjourned at 7:56 p.m. to the Community Center, 19655 Allendale Avenue. Joint Meetinq with Tract 7770 Task Force The meeting was reconvened at 8:15 p.m. Councilmembers Anderson, Clevenger, Monia, Stutzman and Mayor Kohler were present. Committee members present were Harris, Kalb, Macrae, Schwartz, and ex officio member Caldwell. Staff members present were City Manager Peacock, City Attorney Riback, City Engineer Perlin, and Planning Director Emslie. 5. Discussion of items of Mutual Interest - Staff Responses to Recommendations by. Task Force Committee member Donald Macrae read into the record a letter, which he also presented. A copy is attached. Mr. Macrae also suggested that in his view the grand jury might not be inclined to take the matter up. Councilmember Anderson agreed that there was no question that there had been mistakes made in the past and that shortly after the problem was uncovered the City Manager's office presented a series of recommendations for change, many of which were adopted by the City Council a year ago. Mrs. Madelaine Chiavetta asked that the City Council change its September 18 meeting to another date to observe a Jewish holiday. Mr. Teerlink asked that the meeting be changed as well. He has a written communication on the agenda and he will be out of town. Mr. Bert Martel asked in reviewing the City Manager's evaluation the Council consider the lies, distortions, etc. regarding the police department. Mr. Schwartz discussed the stop work order on January 20, 1988, which was lifted on June 12, 1989, on lands of Cocciardi. He also provided a time table on the Quarry Creek Trust Account. He expressed concern over the accounting of the account, the lack of detail on the $80,000 disbursement to Harbor Builders. Of more concern is the fact that the City entered into a fiduciary arrangement and didn't seem to handle it the way a bank would have handled such a responsibility. The Council then discussed the Council committee appointed to view the status of the trust account. Discussion ensued as to the makeup of the committee as appointed by the City Council at its last meeting. Mr. Kalb was added and one member from the Finance Advisory Committee is to be asked by the Mayor, preferably the chair. Council charge should be limited to the accounting and administration of the trust. It was so agreed. Mr. Monia agreed to call the first committee meeting. Tract 7770 Items addressed by Mr. Kalb - attitude and environment of missing documents. The Committee felt that dealings with staff were not as cooperative as they could be. Testimony by citizens was they were not treated well by the staff, they were talked down to, they were ignored, they weren't taken seriously even though followup may have occurred. The perception remains that people were put off and that perception has to be dealt with. Missing documents, especially the unimproved plans. People agreed they were there, but no one seems to know how they disappeared. City Council Minutes .3 September 10, 1991 Mr. Oncay's response - Since he is out of the City Mr. Oncay is not. available to answer questions. Mr. Monia requests the time to ask Mr. Oncay questions at some future meeting. This item will be continued to September 17. 6. Closed Session on Personnel (Evaluation of Cit~ Manager) and on Litigation on the Villa Montalvo case. 7. Adjournment The meeting was adjourned to September 17 at 7:30 p.m. Respectfully submitted, Harry R. Peacock. City Clerk