HomeMy WebLinkAbout07-07-2010 City Council minutesMINUTES
SARATOGA REGULAR CITY COUNCIL MEETING
JULY 7, 2010
The City Council met in Closed Session in the Administrative Conference Room, 13777
Fruitvale Avenue, at 5:30 p.m.
ANNOUNCEMENT OF CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL — Existing Litigation — Government Code
Section 54956.9 (a): (1 Case)
City of Saratoga v. Sumit Dutta and Jaya Dutta, Santa Clara County Superior Court Case
No. 1- 10 -CV- 172734
CONFERENCE WITH LEGAL COUNSEL — Anticipated Litigation: Significant
exposure to litigation pursuant to Government Code Section 54956.9 (b): (1 potential
case)
PUBLIC EMPLOYEE PERFORMANCE EVALUATION — (Government Code Section
54957) Title: City Attorney
MAYOR'S REPORT ON CLOSED SESSION
Mayor King stated there was no reportable information on Closed Session.
Mayor King called the Regular City Council meeting to order at 7:00 p.m. and lead the
Pledge of Allegiance.
ROLL CALL
PRESENT: Councilmembers Manny Cappello, Chuck Page, Howard Miller,
Vice Mayor Jill Hunter and Mayor Kathleen King
ABSENT: None
ALSO
PRESENT:
Dave Anderson, City Manager
Richard Taylor, City Attorney
Ann Sullivan, City Clerk
Barbara Powell, Assistant City Manager
Mary Furey, Administrative Services Director
John Livingstone, Community Development Director
Crystal Morrow, Administrative Analyst II
REPORT OF CITY CLERK ON POSTING OF AGENDA
City Clerk Ann Sullivan reported that pursuant to Government Code Section 54954.2, the
agenda for the meeting of July 7, 2010 was properly posted on July 1, 2010.
COMMUNICATIONS FROM BOARDS AND COMMISSIONS
None
COUNCIL DIRECTION TO STAFF
None
ORAL COMMUNICATIONS ON NON - AGENDIZED ITEMS
Ann Waltonsmith addressed the Council regarding the California State Park Initiative,
which will be on the November 2010 ballot. Ms. Waltonsmith asked Council to consider
agendizing and endorsing this Initiative by adopting a resolution of support.
Naomi Nakano, Executive Director for West Valley Community Services, thanked the
Council for their continued support and donations.
Michelle Ma, West Valley Community Services representative (WVCS), addressed the
Council regarding a WVCS fund raiser — Taste of Compassion. WVCS is partnering with
restaurants that are interested in participating in this program on a monthly basis, adding
that 50% of the proceeds on specified dates will go to WVCS. She invited the Council to
participate in the first Taste of Compassion event at "Park Place Cupertino" on July 17
and 18 Ms. Ma invited everyone to visit www.wvcommunityservices.org /taste or call
408 - 255 -8033 for more information or to make reservations.
COUNCIL DIRECTION TO STAFF
Mayor King suggested Ms. Ma include the July 17 and 18 Taste of Compassion date on
the City's Artsopolis Calendar.
Vice Mayor Hunter recommended Council agendize the California State Park Initiative
on the next Council meeting agenda. Council concurred.
ANNOUNCEMENTS
Vice Mayor Hunter noted the "Saratoga Swings" event is on July 17, 2010 from 5:30
p.m. to 7:30 in the Bank of America parking lot in the Village.
Councilmember Page noted the annual "Car Show" event is on July 24, 2010 in the
Village. In addition, he thanked Captain Terry Calderone, Commander of the Westside
Substation of the Santa Clara County Sheriffs Office, and his deputies for capturing the
bicycle bandit that robbed the Comerica Bank in the Village.
Councilmember Cappello reminded everyone of the "Relay for Life" event starting at 10
a.m. July 24 and ending at 10 a.m. on Sunday July 25, 2010, at St. Andrews Church. He
noted there are two Saratoga teams that people could sign up for — Taylor and Pisani
Team and a team in honor of Susie Nagpal. He added people could visit the American
Cancer Society website if they would like to contribute donations or participate in the
event.
2
Councilmemer Miller reminded people they could still sign up for summer classes that
are available through the Saratoga Recreation Department.
CEREMONIAL ITEMS
1. COMMENDATION HONORING CAPTAIN DON OLSON — SANTA CLARA
COUNTY FIRE DEPARTMENT
STAFF RECOMMENDATION:
Read and present commendation.
Mayor King read and presented the commendation to Captain Don Olson. Mrs.
Olson, Santa Clara County Fire Department (SCCFD) Chief Ken Waldvogel and
members of the SCFD joined Captain Olson on stage for the presentation.
2. COMMENDATION HONORING CAPTAIN BILL MORRISON — SANTA
CLARA COUNTY FIRE DEPARTMENT
STAFF RECOMMENDATION:
Read and present commendation.
Mayor King read and presented the commendation to Captain Bill Morrison. Family
members, along with SCCFD Chief Ken Waldvogel, joined Captain Morrison on
stage for the presentation.
3. COMMENDATION HONORING HAL NETTER — SANTA CLARA COUNTY
FIRE DEPARTMENT
STAFF RECOMMENDATION:
Read and present commendation.
Mayor King read and presented the commendation to Fire Inspector Hal Netter.
Family members, along with SCCFD Chief Ken Waldvogel, joined Fire Inspector
Netter on stage for the presentation.
4. PROCLAMATION RECOGNIZING JULY 2010 AS PARKS AND
RECREATION MONTH IN SARATOGA
STAFF RECOMMENDATION:
Read and present the proclamation declaring July 2010 as Parks and Recreation
month in Saratoga.
Mayor King read and presented the commendation to Parks and Recreation
Commissioner Thomas Soukup.
SPECIAL PRESENTATIONS
None
3
CONSENT CALENDAR
5. CITY COUNCIL / HOA JOINT MEETING MINUTES — JUNE 16, 2010
STAFF RECOMMENDATION:
Approve minutes.
PAGE /MILLER MOVED TO APPROVE CITY COUNCIL / HOA JOINT
MEETING MINUTES — JUNE 16, 2010. MOTION PASSED 5 -0 -0.
6. CITY COUNCIL MEETING MINUTES — JUNE 16, 2010
STAFF RECOMMENDATION:
Approve minutes.
PAGE /MILLER MOVED TO APPROVE CITY COUNCIL MEETING
MINUTES — JUNE 16, 2010. MOTION PASSED 5 -0 -0.
7. REVIEW OF ACCOUNTS PAYABLE CHECK REGISTERS
STAFF RECOMMENDATION:
That the City Council review and accept the Check Registers for the following
Accounts Payable payment cycles:
June 10, 2010
June 17, 2010
June 24, 2010
PAGE /MILLER MOVED TO APPROVE CHECK REGISTERS FOR THE
FOLLOWING ACCOUNTS PAYABLE PAYMENT CYCLES: JUNE 10, 2010,
JUNE 17, 2010, AND JUNE 24, 2010. MOTION PASSED 5 -0 -0.
8. TREASURER'S REPORT FOR THE MONTH ENDED MAY 31, 2010
STAFF RECOMMENDATION:
Review and accept the Treasurer's Report for the month ended May 31, 2010.
PAGE /MILLER MOVED TO APPROVE TREASURER'S REPORT FOR THE
MONTH ENDED MAY 31, 2010. MOTION PASSED 5 -0 -0.
9. CITIZEN OPTIONS FOR PUBLIC SAFETY - SUPPLEMENTAL LAW
ENFORCEMENT SERVICES FUNDS GRANT (COPS /SLESF)
STAFF RECOMMENDATION:
Adopt resolution authorizing the continued use of the Citizen Options for Public
Safety Program's Supplemental Law Enforcement Services Fund (COPS /SLESF)
grant as a source of funds for additional public safety services.
RESOLUTION NO. 10 -039
4
None
PAGE /MILLER MOVED TO ADOPT RESOLUTION AUTHORIZING THE
CONTINUED USE OF THE CITIZEN OPTIONS FOR PUBLIC SAFETY
PROGRAM'S SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND
(COPS /SLESF) GRANT AS A SOURCE OF FUNDS FOR ADDITIONAL
PUBLIC SAFETY SERVICES. MOTION PASSED 5 -0 -0.
10. PROPERTY TAX LEVY FOR DEBT SERVICE PAYMENTS ON THE
LIBRARY GENERAL OBLIGATION BONDS
STAFF RECOMMENDATION:
The City Council adopt the attached resolution which sets the FY 2010/11 property
tax levy rate for the Library General Obligation Bonds at $.0094 per $100 of
Assessed Valuation to provide for the Library Bond's debt service requirements over
the fiscal year.
RESOLUTION NO. 10 -040
PAGE/MILLER MOVED TO ADOPT RESOLUTION WHICH SETS THE FY
2010/11 PROPERTY TAX LEVY RATE FOR THE LIBRARY GENERAL
OBLIGATION BONDS AT $.0094 PER $100 OF ASSESSED VALUATION TO
PROVIDE FOR THE LIBRARY BOND'S DEBT SERVICE REQUIREMENTS
OVER THE FISCAL YEAR. MOTION PASSED 5 -0 -0.
11. EXTENSION OF CONTRACT FOR STREET SWEEPING SERVICES
STAFF RECOMMENDATION:
Extend current Street Sweeping Contract with Universal Sweeping Services for one
year from July 1, 2010 to June 30, 2011 in the amount of $100,000.
Vice Mayor Hunter removed this item for comment and clarification.
HUNTER/PAGE MOVED TO EXTEND CURRENT STREET SWEEPING
CONTRACT WITH UNIVERSAL SWEEPING SERVICES FOR ONE YEAR
FROM JULY 1, 2010 TO JUNE 30, 2011 IN THE AMOUNT OF $100,000.
MOTION PASSED 5 -0 -0.
12. ANNUAL APPROVAL OF THE CITY'S INVESTMENT POLICY
STAFF RECOMMENDATION:
That the City Council review and approve the Investment Policy for Fiscal Year
2010/11.
Councilmember Miller removed this item for comment.
MILLER/PAGE MOVED TO APPROVE THE INVESTMENT POLICY FOR
FISCAL YEAR 2010/11. MOTION PASSED 5 -0 -0.
PUBLIC HEARINGS
5
OLD BUSINESS
None
NEW BUSINESS
13. WILDWOOD CINEMA MOVIE NIGHT
STAFF RECOMMENDATION:
Accept report and provide direction on the following items:
1. Parks and Recreation Commission's request that the Council cosponsor
Wildwood Cinema Movie Night by waiving City fees, which include park rental,
special event permit, and banner fees;
2. Parks and Recreation Commission's request that the Council authorize the
Commission to seek partnerships with community organizations, such as the
Chamber of Commerce or Saratoga -Monte Sereno Community Foundation, to
fund and co -host Wildwood Cinema Movie Night;
3. Parks and Recreation's request to seek donations to cover Wildwood Cinema
Movie Night expenses; and
4. Resolution allowing Wildwood Park to stay open until 10:00 p.m. on September
11, 2010.
Crystal Morrow, Administrative Analyst II, presented the staff report.
Parks and Recreation Commissioner, Tom Soukup, was present to answer questions
presented by Council.
Mayor King invited public comment.
Paul Hernandez requested to speak on this item.
No one else requested to speak on this item.
MILLER/HUNTER MOVED TO 1) COSPONSOR WILDWOOD CINEMA
MOVIE NIGHT BY WAIVING CITY FEES, WHICH INCLUDE PARK
RENTAL, SPECIAL EVENT PERMIT, AND BANNER FEES FOR A TOTAL
OF $1,300; 2) AUTHORIZE THE COMMISSION TO SEEK PARTNERSHIPS
WITH COMMUNITY ORGANIZATIONS, SUCH AS THE CHAMBER OF
COMMERCE OR SARATOGA -MONTE SERENO COMMUNITY
FOUNDATION, TO FUND AND CO -HOST WILDWOOD CINEMA MOVIE
NIGHT; AND 3) ADOPT RESOLUTION ALLOWING WILDWOOD PARK
TO STAY OPEN UNTIL 10:OOPM ON SEPTEMBER 11, 2010. MOTION
PASSED 5 -0 -0.
Council did not grant approval of the Parks and Recreation Commission seeking
donations to cover Wildwood Cinema Movie Night expenses; however, they did
encourage the Commission to find a group of independent citizens to help raise funds
and to put on the event.
STAFF DIRECTION:
6
Council recommended the Parks and Recreation Commission work with the Santa
Clara County Sheriff's Westside Substation to provide additional security at the event
on September 11, 2010.
14. DISCUSSION OF ISSUES RELATED TO TREES
STAFF RECOMMENDATION:
1 Provide Staff with direction on Heritage Trees and how they should be considered
in the code.
2. Provide Staff with direction on planting 2,015 trees by 2015 and a Community
based tree planting partnership.
3. Provide Staff with direction about the appeal process for a tree removal permit
application.
John Livingstone, Community Development Director, presented the staff report.
At this time Mayor King invited three Boy Scouts that were in the audience as a
requirement of their Troop to advance in rank, to join the Council on stage. The Boy
Scouts came up on stage, introduced themselves, and left the stage.
Mayor King invited public comment.
The following people requested to speak on this item:
Jim Stallman
Jenny Young Taylor
Paul Hernandez
Nancy Kirk
No one else requested to speak on this item.
Mayor King declared a break at 9:05PM
Mayor King reconvened the meeting at 9:15PM
MILLER/PAGE MOVED TO 1) FORM AN ADHOC COMMITTEE
CONSISTING OF VICE MAYOR JILL HUNTER AND COUNCILMEMBER
MANNY CAPPELLO WITH THE STATED PURPOSE OF
UNDERSTANDING NEIGHBORING OR SIMILAR CITIES WITHIN
CALIFORNIA RULES, CRITERIA, AND PROCESS FOR DECLARING
HERITAGE TREES; 2) LOOK AT VARIOUS APPEALS PROCESSES; AND
3) AUTHORIZE STAFF TO PURSUE GRANTS THAT WOULD HELP TO
IMPROVE THE TREE FUND. MOTION PASSED 5 -0 -0.
At this point, Mayor King noted she would like to move Item 16 ahead of Item 15.
Council concurred.
15. PROPOSED APPLICATION FOR GRANT FUNDS THROUGH SANTA
CLARA COUNTY'S TOBACCO PREVENTION AND CONTROL
PROGRAM
7
STAFF RECOMMENDATION:
Accept report and direct staff accordingly.
Barbara Powell, Assistant City Manager, presented the staff report.
Mayor King invited public comment.
No one requested to speak on this item.
PAGE/MILLER MOVED TO: 1) DIRECT STAFF TO APPLY FOR A GRANT
FROM THE $6. MILLION TWO -YEAR AMERICAN RECOVERY AND
REINVESTMENT ACT FUNDS TO REDUCE ADULT AND YOUTH
SMOKING WITH COUNCIL GUIDANCE AND INPUT; 2) INCLUDE
SPECIFICATIONS THAT GRANT APPLICATION INCLUDES: CREATION
OF A POLICY TO PROHIBIT SMOKING IN PARKS AND OTHER
SPECIFIED PUBLIC AREAS; 3) SOCIAL / MEDIA MARKETING; 4) TWO
(2) YEARS OF CODE ENFORCEMENT; AND 5) NON - SMOKING
EDUCATIONAL OPPORTUNITIES. MOTION PASSED 5 -0 -0.
16. ALTERNATIVE SITES FOR LIVE KSAR BROADCAST OF PUBLIC
MEETINGS
STAFF RECOMMENDATION:
Review report and provide direction to staff regarding:
1. Whether live video and audio broadcast of public meetings is a requirement for an
alternate meeting location or if a tape delay broadcast is an acceptable option;
2. A preferred alternate location for holding public meetings;
3. Whether staff should seek funding from the KSAR 15 Trust Fund to pay for all or
a portion of site improvements associated with an alternate broadcast location.
Barbara Powell, Assistant City Manager, presented the staff report on behalf of
Recreation Director Michael Taylor.
David Lee, KSAR Station Manager and Tom Moran, KSAR Board Chair and
volunteer for KSAR, were present to provide technical support regarding questions
asked by Council.
Mayor King invited public comment.
No one requested to speak on this item.
Vice Mayor Hunter thanked both David Lee for his dedication to KSAR and Tom
Moran for his 15 years of volunteer service to help broadcast so many events in the
City.
Mayor King noted she would like to see other live broadcasting alternatives for City
Council meetings in the future.
There was no direction to Staff on this item.
8
ADHOC & AGENCY ASSIGNMENT REPORTS
Mayor Kathleen King — Reported:
West Valley Mayors and Managers (WVMM) — met at West Valley College for their last
meeting and participated in a tour of the new Fox Technology Center. The July WVMM
meeting will be held at the Mountain Winery.
Vice Mayor Jill Hunter — had nothing to report on her Committee /Adhoc assignments.
She did note that she had a very productive meeting with Mr. Amit Nagpal regarding the
floral garden in Susie Nagpal's memory, which will be located near the intersection of
Fruitvale and Allendale Avenue.
Councilmember Howard Miller — Reported:
Council Finance Committee — met at 8AM on Tuesday of this week.
Initiative Adhoc — has had several very productive meetings and noted that as a result of
those meetings, an Initiative Ballot Measure will be put forth to the citizens of Saratoga
on November 2, 2010. He added the Planning commission will meet jointly with the City
Council at 6PM on July 21, which will be broadcast live, and will bring their ballot
recommendation to the 7PM City Council Regular meeting. The Council will then vote at
that meeting to decide if they want to place the recommended Measure on the November
ballot and Council may then decide who will write the Measure pro- statement and
rebuttal statement, which would be included in the ballot.
West Valley Transportation Authority PAC — meeting was cancelled.
Councilmember Chuck Page — Reported:
Saratoga Ministerial Association — he was unable to attend the meeting on Tuesday of
this week.
Council Finance Committee — met last week.
Initiative ADHOC — has had two very productive meetings resulting in significant
positive results. The Council will be participating in a Joint meeting with the Planning
Commission on July 21 at 6PM in the Civic Theater to make final Initiative
recommendations.
As a member on the VTA Board, Councilmember Page reported that there is a proposed
ballot measure whereby each county could impose a $10 fee on automobile licenses and
this money could only be used for transportation costs. Many counties conducted a
survey to see the general acceptance of this imposed fee and the response was very
positive. He added the VTA Board passed this unanimously and this measure will be on
the November 2010 ballot.
Councilmember Manny Cappello — Reported:
SASCC — he attended the last meeting and noted a budget was presented; however, it was
not a balanced budget. The proposed budget included reductions in payroll,
administrative costs, and increases in revenue areas (including the $30K matching grant
from the City and the expected $30K in matching donations. He added the budget
excluded investment revenue potential. Fund raising activities include: parking
lot/garage sale on July 31 and Paper Shredding service.
Sister City Liaison — the Board met Tuesday of this week. Three exchange students will
be arriving on August 9 from Muko Shi, Japan. He noted the students, along with their
host families, will be participating in various events during their 10 day visit to Saratoga.
He extended an invitation to everyone to help welcome the exchange students on August
13 during a formal reception at City Hall.
9
CITY COUNCIL ITEMS
Mayor Kathleen King stated she would like staff to add the three new Adhoc Committees
to the Council Agency Assignment list: Initiative Adhoc, Tree Adhoc, and Susie's
Garden Adhoc.
CITY MANAGER'S REPORT
None
ADJOURNMENT
There being no additional business, Mayor King asked for a motion to adjourn.
KING /PAGE MOVED TO ADJOURN THE REGULAR MEETING AT 11:25 PM
AND TO PROCEED TO THE ADMINISTRATIVE CONFERENCE ROOM TO
CONTINUE WITH THE SCHEDULED CLOSED SESSION ITEMS. MOTION
PASSED 5 -0 -0.
Respe submitted,
Ann Sullivan, CMC
City Clerk
10