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HomeMy WebLinkAbout11-09-1993 City Council Minutes MINUTES bARATOGA CiTY COUNCIL TIME: Tuesday, November 9, 1993 7:30 p.m. PLACE: City Hall Administration Meeting Room, 13777 Fruitvale Ave. TYPE: Adjourned Regular Meeting/Joint Meetings with Parks and Recreation Commission and Hakone Foundation 1. ROll Call Counci lmembers Anderson, Burger and Mayor Tucker were present; Councilmembers Kohler and Monia were absent. Parks and Recreation Commissioners Barnard, Clark, C~otty, Dutra, Miller, Pierce and Swan were present. ~ Staff members present: City Manager Peacock, Recreation Director Pisani, Parks and Building Maintenance Superintendent ~izzo, Acting City Attorney Steve Meyers. 2. Report of City clerk on Posting of Agenda Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on November 5. The notice of adjournment from the November 3 Council meeting was properly posted on November 4. 3. Joint Meeting with Parks and Recreation Commission - 7:30 p.m. A. Parks and Trails Master Plan Priority Li~t for Future Capital Improvements Plan The Council and Commission discussed the fact that the Kevin Moran/Azule Park design and development was the first Ipriority for future improvements, including play equipment replacement. Several neighbors expressed interest in future plans. A sign~up sheet was passed for interested residents to be notified when the Commission takes up the planning of this park complex. Also discussed was the Hakone Entrance Road and the acquisition of the Nelson property by the Community Foundation of Santa Clara Valley and their desire to meet with the City on developing the asset. BURGER/ANDERSON MOVED TO ACCEPT PRIORITY LIST. Passed 3~0. There was consensus to integrate the list into the Capita'] Improvement Plan as money becomes available. B. Structures in Trail Easements The Council asked the Commission to survey trails for encroachments and make recommendations to either remove, relocate or seek the appropriate permit. The City Manager said that the City should be concerned from a risk~ management perspective about the existence' of illegal encroachments. BURGER/ANDERSON MOVED TO APPROVE THE SURVEY; IT IS COUNe. IL POLICY TO HAVE ENCROACHMENTS REMOVED, A PERMIT SECURED, OR TRAIL MO,VED. Passed commissioner Crotty thanked those involved in the monthly creek cleanup efforts. A fourth session is planned for November 13. Lynbrook High School 'and Youth Commissioners are nd~= involved. Councilmember Anderson asked thata trash can be put in Village Parking District #1 next to the Wildwood Park Bridge. Parks .and Building Maintenance Supervisor Rizzo so noted. 4. Joint Meeting with Hakone Foundation - 8:30 p.m. Mayor Tucker referred to a letter received from Councilmember Monia this date and asked all to read it before proceeding. Hakone Foundation Board Presiden~ Armstrong opened the presentation by City Council Minutes 2 NoVember 9, 1993 by noting that a majority of the Board was present. A.' Makone Foundation Business Plan ~f'page 4' Councilmember Anderson expressed concern that the Tr st Agreement allows the Foundation to acquire '%real property" and ~gra tlng options to sell, lease, etc. real property," item 7b on the op . Basic Issue #1 - Rewrite the trust agreement to ensure that all Trust monies remain'to be used for Hakone if the Foundation is ~erminated or .the City must assign to a successor Foundation. The City Attorney said this can be done. The Council agreed 3-0. the building Basic Issue #2 The ownership of the Cultural Exchange Center is of concern. There is no land lease, so the status of provides an impossible hurdle for fundraising because if it isn't on the Foundation's books, there is no positive balance shaet. so this problem needs solution. There was consensus to deal with[this through lease back agreements and debt service payment. Basic Issue #3 - Prepare operations agreement based on revisions to the first two agreements. Basic Issue #4 - Write interim agreement (letter of understanding) to extend current agreements through March 31, 1994. The staff is to report back to the Foundation and C,~uncil as to progress in 30 days and timetable. Agree to consult with Hakone president as progress is made. 5. Other Matters - 10:00 p.m. A. Teeter Plan Resolution (Presentation f~om Finance Committee at meeting) ANDERSON/BURGER MOVED TO ADOPT THE RESOLUTION. Passed 3h0. B. Ordinance amending Various Sections of ChaPter 4 of the City Code pertaining to Business RegUlations and Business License Fees (continued from 1~/3) - Staff report on amended proposal BURGER/ANDERSON MOVED TO AUTHORIZE NOTIFICATION TO INCREASE TO $100 PLUS $10 PER EMPLOYEE, WITH A CAP OF $300, ALTERNATIVE APPROACH FOR CONTRACTORS, AS SHOWN IN THE PROPOSED FEE SCHEDULE TO BE HEARD ON JANUARY 5 WITH INFORMATIONAL MEETING ON DECEMBER 1. Passed 3-0. 6. Adjournment The meeting was adjourned at 10:55 p.m. Respectfully submitted, Harry R. City Clerk