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HomeMy WebLinkAbout05-17-1995 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Wednesday, May 17, 1995 - 7:30 p.m. PLACE: Civic Theater, 13777 Fruitvale Ave. TYPE: Regular Meeting Pledge of Allegiance 1. ROLL CALL Councilmembers present: Jacobs, Tucker, Moran, Wolfe, Mayor Burger Staff present: City Manager Peacock, City Attorney Riback 2. CEREMONIAL ITEMS A. Resolution commending Leo Chavez for service to West Valley College MORAN/TUCKER MOVED TO APPROVE A RESOLUTION COMMENDING LEO CBAVEZ FOR 8ERrICE TO WEST VALLEY COLLEGE. PASSED 5-0. B. Resolution commending Barbara Peacock for service on Library · Commission MORAN/JACOB8 MOVED TO APPROVE ARESOLUTION COMMENDING BARBARA PEACOCK FOR SERVICE ON THE LIBRARY COMMISSION. PASSED 5-0. C. Resolution appointing Mitchell Cutler, Robert Peepari, and Beth Wyman to the Heritage Preservation Commission WOLFE/MORAN MOVED TO APPROVE RESOLUTION 95-24 APPOINTING MITCHELL CUTLER# ROBERT PEEPARI, AND BETH WYMAN TO THE HERITAGE PRESERVATION COMMISSION. PASSED 5-0. D. Administration of Oath of Office to the above The administration of Oath was administered to Robert Peepari and Beth Wyman, and will be administered to Mitchell Cutler at a later time. Mayor Burger welcomed the Saratoga High School Seniors to the Council meeting. 3. Report of city clerk on Posting of Agenda Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on May 12, 1995. City Manager Peacock requested that item 8E be added to the agenda regarding a resolution declaring weeds and brush growing on certain described property to be a public nuisance. Mr. Peacock stated this was presented to staff after the posting of the agenda. MORAN/TUCKER MOVED TO ADD ITEM 8E TO THE AGENDA. Passed 5-0. 4. COMMUNICATION8 FROM COMMISSION8 AND THE PUBLIC A. ORAL COMMUNICATIONS (limited to 15 minutes) - None B. WRITTEN COMMUNICATION8 - None 5. CONSENT CALENDAR A. Previously-Discussed Items 1) Ordinance designating as a Heritage Lanamark the Carmichael House, 14051 8aratoga-sunn~vale Road (second reading and adoption) WOLFE/TUCRER MOVED TOAD OpT ORDINANCE HP-22 DESIGNATINGAS A HERITAGE LANDMARK THE CARMICHAeL HOUSE, 14051 8ARATOGA-SUNNYVALE ROAD BY TITLE ONLY, WAIVING FURTHER READING. PASSED 5-0. 2) Ordinance removing from Chapter 9 of the City Code the prohibition against parking vehicles for sale on a public City Council Minutes 2 May 17, 1995 street (without removing similar provisions from Chapter 15) (second reading and adoption) MORAN/TUCKER MOVED TO ADOPT ORDINANCE 71-149 REMOVING FROM CHAPTER 9 OF THE CITY CODE THE PROHIBITION AGAINST PARKING VEHICLES FOR SALE ON A PUBLIC STREET BY TITLE ONLY, WAIVING FURTHER READING. PASSED 5-0. B. New Items 1) Planning Commission Actions, 5/10 - Note and file. 2) Heritage Preservation Commission Minutes, 3/14; 4/11 - Note and file. 3) Public Safety Commission Minutes, 4/10 - Note and file. 4) Quarterly Report to Regional Water Quality control Board on City NPDES Activity MORAN/JACOBS MOVED TO APPROVE CONSENT CALENDAR B. PARSED 5-0 C. CLAIMS AGAINST THE CITY - None. 6. PUBLIC HEARINGS - None. 7. OLD BUSINESS A. Documents in connection with proposed cancellation of a Williamson Act Contract on property located at 20851 Saratoga Hills Rd. (Nelson Gardens) (Applicant, Community Foundation of Santa Clara County) City.Manager Peacock reviewed each of the resolutions to be adopted. 1) Resolution determining and certifying to County Auditor the fee for Cancellation WOLFE/JACOBS MOVED TO ADOPTKESOLUTION 95-25 DETERMININGAN D CERTIFYING TO COUNTY AUDITOR THE FEE FOR CANCELLATION. PASSED 5-0. 2) Resolution adopting Negative Declaration for Cancellation JACOBS/TUCKER MOVED TO ADOPT KESOL~[ION 95-25.1 ADOPTING A NEGATIVE DECLARATION FOR CANCELLATION. PARSEl) 5-0. 3) Resolution approvlng Tentative Cancellation JACOBS/TUCKER MOVED TO ADOPT RESOLUTION 95-25.2 APPROVING TENTATIVE CANCELLATION. PASSED 5-0. 8. NEW BUSINESS A. Oral Communications (continued) and instructions to staff regarding actions on current oral communications - None B. Salary Schedule Adjustment for Part-Time Employees Mayor Burger stated, after talking to the 'City Manager about this issue, it may be appropriate to delay discussion on this until they go through the budget workshop next week and get a better idea on where they stand. Councilmember Tucker concurred. Councilmember Jacobs stated he supports continuing this, but 'the Council should be aware of potential problems in the recreation department in the hiring of summer employees. Councilmember Jacobs also noted that it was his understandingthat the Council would receive information about the economic impact of these decisions, and he did not receive this. City Manager Peacock apologized to the Council for the lack of information requested and noted more information will be provided in the future. He noted because of the summer hires this is a matter City Council Minutes 3 May 17, 2995 critical to the success of the summer program of the Parks and Recreation Department. Councilmember Wolfe askedlabout the time line, if the item is not discussed at this time. Mr. Peacock stated if this is continued to next Tuesday and the Council make a decision at that time, this would be adequate timing. Councilmember Moran also spoke in support of continuing this and would like to leave as many things on the table as possible when discussing the budget next week. It was a consensus of the Council to continue this matter to May 23, 1995. C. Memo Authorizing Publicity for Upcoming Hearings - Budget MORAN/JACOBS MOVED TOAPPROVETHE PUBLICITY ASRECOMMENDED. PASSED 5- D. Agreement for county and City of saratoga to Indemnify Monte Sereno from Liability arising from Transfer of Library FUnds City Manager Peacock addressed the letter from Mr. Riback to the City Attorney of Monte Sereno dated May 2, 1995. City Attorney Riback stated the City of Monte Sereno has prepared an indemnification agreement relating to the operation of the County Library and wants the City of Saratoga and the County to indemnify and hold harmless Monte Sereno against any claims that may evolve out of the operation and maintenance of the library. Mr. Riback stated this came as a result of a claim filed against the City of Saratoga, Monte Sereno, and the County when an elderly man tripped and fell outside the library. He noted Monte Sereno became concerned about this because their only involvement in the library is a few thousand dollars towards the Sunday operation hours. After reviewing this, Mr. Peacock decided that Saratoga's involvement is not much more. The library is operated and maintained by the County. Mr. Riback noted he did advise the City of Monte Sereno that it is the position of the City Attorney and City Manager that Saratoga should not indemnify the City of Monte Sereno for anything that evolves out of the operation and maintenance of the library. He then explained the Joint Powers Agreement and noted this provides for cross indemnification. City Manager Peacock stated in the lease agreement there is an indemnification clause. Councilmember Wolfe asked whether it is the opinion of the City Attorney that if Monte Sereno shares the benefits they should also share the risks of the library. City Attorney Riback stated the risk is very minimal to the City of Monte Sereno. He noted the City is concerned about spending the money to investigate this and possible litigation. MOPAN/TUCKER MOVED TO DECLINE TO EXECUTE SUCRANAGKEEMENTTO INDEMNIFY THE CITY OF MONTE SERENO. Councilmember Jacobs stated it is his understanding that, despite the law suit, there are already indemnifications in effect. Mr. Riback stated there are, but the City of Monte Sereno is not certain that these indemnification agreements would cover the type of incident that occurred. He noted the County~s position is that they believe that the indemnification agreements are in place and sees no reason to take further action. The shove motion was carried 5-0. 8 E. Resolution declaring weeds and brush growing on certain described property to be a public nuisance. City Manager Peacock presented the staff report dated May 17, 1995 and noted when the Council pass the resolution they will be setting the City Council Minutes 4 May 17, X995 public hearing for June 7, 1995. Mr. Peacock briefly reviewed the process for the weed abatement. Councilmember Wolfe asked how this differs from the existing abatement ordinance. Mr. Peacock sta~ed the b]msh abatement standards relate to developed property and clearing brush from around the property, the weed abatement relates to vacant property. This involves cutting down weed to prevent fires spreading and continuing onto' other properties. TUCKER/WOLFE MOVED TOAD OpT RESOLUTION 95-26 DECLARING w~EDS AND BRUSH GROWING ON CERTAIN DESCRIBED PROPERTY[ TO BE A PUBLIC NUISANCE. PASSED 5-0. Councilmember Moran stated it is her understanding tha~ people take advantage of this and use it as a service to cut down their brush and then are billed by the City. City Manager Peacock stated this is correct, because it seems to be less expensive and more convenient. 9. ROUTINE MATTERS A. Approval of Minutes - 5/3; 5/9 The minutes of 5/3 and 5/9 were approved as submitted. B. Approval of Warrant List MORAN/JACOBS MOVED TO APPROVE THE Wi~RRANT LIST. PXaSED 5-0. 10. CITY COUNCIL ITEMS A. Agenda items for meeting with Parks and Recreation COmmiSSiOn Meeting June 13 City Manager Peacock stated the Parks and Recreation Commission was charged with looking at some place for a community garden and dog exercise run. He noted this is the annual meeting with the City Council. Councilmember Jacobs stated he would like to see the minutes of the last Parks and Recreation meeting. It was agreed to have an update on issues covered at the last meeting and any new items that may come up. Councilmember Wolfe stated he would like an update on the recent ordinance passed regarding prohibiting alcohol in Wildwood Park. B. Other Councilmember Tucker noted she attended the Service Core of Retired Executives meeting and brought back brochures to be kept at City Hall which will be available to the public:. Councilmember Moran stated she contacted the Youth Science Institute and asked that information be sent to City Ball. She also contacted. Our City Forest for more information regarding the tree planting and will also receive more information on the Community Building effort. Mayor Burger stated she will be available at City Hall on Monday from ~-5 p.m. and thanked the Saratoga High School seniors for attending tonight~s meeting. 11. AD~OUI~qMENT The meeting was adjourned at 8:20 p.m. to next meeting at 7:00 p.m~ on Tuesday, May 23, at Administration Meeting Room, 13777 Fruitvale Avenue. Respectfully submitted, Minutes Clerk