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MINUTES SARATOGA REGULAR CITY COUNCIL MEETING DECEMBER 15, 2010 The City Council met in Closed Session in the Administrative Conference Room, 13777 Fruitvale Avenue at 6:30 p.m. ANNOUNCEMENT
OF CLOSED SESSION CONFERENCE – ANTICIPATED LITIGATION – Significant exposure to litigation pursuant to Government Code Section 54956.9 (b) (1 potential case) MAYOR’S REPORT ON CLOSED
SESSION Mayor Miller stated there was no reportable information on Closed Session. Mayor Miller called the Regular City Council meeting to order at 7:00 p.m. and asked members of Cub
Scout Pack 508 to lead the Pledge of Allegiance. ROLL CALL PRESENT: Councilmembers Manny Cappello, Jill Hunter, Emily Lo, Vice Mayor Chuck Page, and Mayor Howard Miller ABSENT: None
ALSO Dave Anderson, City Manager PRESENT: Richard Taylor, City Attorney Ann Sullivan, City Clerk Barbara Powell, Assistant City Manager John Livingstone, Community Development Director
Michael Taylor, Facilities and Recreation Director Mary Furey, Administrative/Finance Director Brad Lind, Building Official Crystal Morrow, Administrative Analyst II REPORT OF CITY CLERK
ON POSTING OF AGENDA City Clerk Ann Sullivan reported that pursuant to Government Code 54954.2, the agenda for the meeting of December 15, 2010 was properly posted on December 9, 2010.
COMMUNICATIONS FROM BOARDS AND COMMISSIONS None COUNCIL DIRECTION TO STAFF None
2 ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS Norm Koepernik addressed the Council regarding the 2011 Mustard Faire event, which will be held on March 6, 2011, and asked Council to agendize
this item for discussion on the next scheduled Council meeting. Karlina Ott presented the City with a check from the AYSO for $16,642.00 to cover the annual cost for the use of the soccer
fields by the AYSO Soccer organization. In addition, she thanked individual staff members that work with AYSO organizers for their continued support and assistance throughout the year.
COUNCIL DIRECTION TO STAFF None ANNOUNCEMENTS Councilmember Emily Lo noted it wasn’t too late to send a letter to Santa Claus and that residents had until 5:00 p.m. on Friday, December
17th to drop the letters in the box labeled “Santa’s Mail” at the Saratoga Post Office. Vice Mayor Chuck Page congratulated the Saratoga High School Girls Tennis Team for capaturing
the Northern California championship title. He also reminded everyone that the storm season is here and if residents are in need of sandbags, they could pick them up at the Saratoga
Corporation Yard. He also invited residents to volunteer to fill sandbags as a volunteer project so the sand bags are readily available when needed. Mayor Howard Miller noted there are
upcoming vacancies on the Planning Commission, Heritage Preservation Commission, Library Commission, and the Traffic Safety Commission. He invited interested residents to pick up an
application from the City Clerk’s office and submit it by 5:00 p.m. on February 25, 2011. In addition, he reminded everyone to check out the Saratoga Recreation Guide. He noted there
are a few vacancies left for interested students to register for the “Camp Winter Wonderland” program that is available during the upcoming winter break. Councilmember Jill Hunter provided
an update on the “Twenty by 2015” Tree Planting Program. She noted that on January 1, 2010, the Council pledged to plant 400 trees during 2010; a total of 792 trees have been planted
in the Saratoga community for the year 2010. CEREMONIAL ITEMS 1. COMMENDATION FOR REBECCA ELLIOT – REGIONAL PUBLIC AFFAIRS MANAGER FOR LEAGUE OF CALIFORNIA CITIES STAFF RECOMMENDATION:
Read and present commendation. Vice Mayor Page read and presented the commendation to Rebecca Elliot. Ms. Elliot was joined by her husband for the presentation.
3 2. COMMENDATION FOR SARATOGA CUB SCOUT PACK 508 STAFF RECOMMENDATION: Read and present commendation. Mayor Miller read and presented the commendation to members of Cub Scout Pack 508.
The Pack was joined by several Cub Scout leaders for the presentation. 3. COMMENDATION FOR CAPTAIN TERRY CALDERONE – SANTA CLARA COUNTY SHERIFF’S OFFICE – WESTSIDE STATION STAFF RECOMMENDATION:
Read and present commendation. Mayor and Council members presented the commendation to Captain Terry Calderone. Captain Calderone was joined by his wife and two of their five children
for the presentation. At 7:35 p.m. Mayor Miller declared a 20 minute break and invited everyone to join the Council in the theater lobby for a reception in honor of Captain Terry Calderone,
who is retiring from the Santa Clara County Sheriff’s Office. Mayor Miller reconvened the Regular meeting at 7:55 p.m. SPECIAL PRESENTATIONS None CONSENT CALENDAR 4. CITY COUNCIL REGULAR
MEETING MINUTES – NOVEMBER 17, 2010 STAFF RECOMMENDATION: Approve minutes. PAGE/CAPPELLO MOVED TO APPROVE CITY COUNCIL REGULAR MEETING MINUTES – NOVEMBER 17, 2010. MOTION PASSED 5-0-0.
5. CITY COUNCIL REORGANIZATION MEETING MINUTES – NOVEMBER 30, 2010 STAFF RECOMMENDATION: Approve minutes. PAGE/CAPPELLO MOVED TO APPROVE CITY COUNCIL REORGANIZATION MEETING MINUTES –
NOVEMBER 30, 2010. MOTION PASSED 5-0-0. 6. CITY COUNCIL REGULAR MEETING MINUTES – DECEMBER 1, 2010
4 STAFF RECOMMENDATION: Approve minutes. PAGE/CAPPELLO MOVED TO APPROVE CITY COUNCIL REGULAR MEETING MINUTES – DECEMBER 1, 2010. MOTION PASSED 5-0-0. 7. REVIEW OF ACCOUNTS PAYABLE STAFF
RECOMMENDATION: The the City Council review and accept the check registers for the following accounts payable cycles: November 24, 2010 December 2, 2010 PAGE/CAPPELLO MOVED TO ACCEPT
THE CHECK REGISTERS FOR THE FOLLOWING ACCOUNTS PAYABLE CYCLES: NOVEMBER 24, 2010 AND DECEMBER 2, 2010. MOTION PASSED 5-0-0. 8. RESOLUTION ADOPTING COUNCIL AGENCY ASSIGNMENTS AND ADHOC
COMMITTEE APPOINTMENTS STAFF RECOMMENDATION: Adopt resolution. Vice Mayor Page removed this item for discussion. Vice Mayor Page noted the TEA (Tax Equity Allocation) item is being addressed
by the Saratoga Council as well as neighboring cities and recommended the TEA Adhoc be reinstated again as an Adhoc on the Council Agency Assignment list. Council members agreed to add
the TEA Adhoc to the Council Agency and Committee Assignment list. Councilmember Hunter noted noted Councilmember Lo expressed an interest in the Carlson House Restoration project and
offered to give her assigned position on this Adhoc to Councilmember Lo. RESOLUTION NO. 10 – 071 PAGE/CAPPELLO MOVED TO ADOPT COUNCIL AGENCY ASSIGNMENTS AND ADHOC COMMITTEE APPOINTMENTS
RESOLUTION AS AMENDED WITH THE FOLLOWING CHANGES: 1) INCLUDE THE ADDITION OF THE TEA ADHOC TO BE REPRESENTED BY VICE MAYOR PAGE AND COUNCILMEMBER CAPPELLO, and 2) REMOVE COUNCILMEMBER
HUNTER FROM THE CARLSON HOUSE RESTORATION ADHOC AND ADD COUNCILMEMBER LO . MOTION PASSED 5-0-0. 9. 2011 HAZARDOUS VEGETATION PROGRAM COMMENCEMENT RESOLUTION
5 STAFF RECOMMENDATION: Adopt Resolution Declaring Hazardous Vegetation (Weeds) as Public Nuisance and Setting Public Hearing. RESOLUTION NO. 10 – 072 PAGE/CAPPELLO MOVED TO ADOPT RESOLUTION
DECLARING HAZARDOUS VEGETATION (WEEDS) AS PUBLIC NUISANCE AND SETTING PUBLIC HEARING. MOTION PASSED 5-0-0. 10. SECURITY DOOR LOCK PROJECT – AWARD OF CONTRACT WITH STANLEY SECURITY STAFF
RECOMMENDATION: Review report and 1. Move to declare Stanley Security Solutions, Inc. (Stanley) of Fremont to be the lowest responsible bidder on the project. 2. Move to accept bid and
authorize the City Manager to enter into a construction contract with Stanley for phase one of the project in the amount of $25,190.49. 3. Move to accept bid and authorize the City Manager
to enter into a construction contract with Stanley for the optional phase two of the project in the amount of $32,337.83. 4. Move to authorize staff to execute change orders to the contract
up to $5,500. Hunter removed this item for clarification. HUNTER/PAGE MOVED TO: 1. DECLARE STANLEY SECURITY SOLUTIONS, INC. (STANLEY) OF FREMONT TO BE THE LOWEST RESPONSIBLE BIDDER ON
THE PROJECT. 2. ACCEPT BID AND AUTHORIZE THE CITY MANAGER TO ENTER INTO A CONSTRUCTION CONTRACT WITH STANLEY FOR PHASE ONE OF THE PROJECT IN THE AMOUNT OF $25,190.49. 3. ACCEPT BID AND
AUTHORIZE THE CITY MANAGER TO ENTER INTO A CONSTRUCTION CONTRACT WITH STANLEY FOR THE OPTIONAL PHASE TWO OF THE PROJECT IN THE AMOUNT OF $32,337.83. 4. MOVE TO AUTHORIZE STAFF TO EXECUTE
CHANGE ORDERS TO THE CONTRACT UP TO $5,500. MOTION PASSED 5-0-0. 11. RECORDS MANAGEMENT PROGRAM: RESOLUTION AUTHORIZING FINAL DISPOSITION OF CERTAIN CITY RECORDS STAFF RECOMMENDATION:
Adopt Resolution Authorizing Final Disposition of Certain City Records. RESOLUTION NO. 10 – 073 PAGE/CAPPELLO MOVED TO ADOPT RESOLUTION AUTHORIZING FINAL DISPOSITION OF CERTAIN CITY
RECORDS. MOTION PASSED 5-0-0.
6 12. PARKING VIOLATION PENALTY SURCHARGE STAFF RECOMMENDATION Adopt resolution approving a three-dollar increase for parking violations. RESOLUTION NO. 10 – 074 PAGE/CAPPELLO MOVED
TO ADOPT RESOLUTION APPROVING A THREE-DOLLAR INCREASE FOR PARKING VIOLATIONS. MOTION PASSED 5-0-0. 13. COMMISSION QUALIFICATIONS AND EXPIRING TERMS STAFF RECOMMENDATION: Accept the list
of Commission qualifications and terms expiring in the 2011 calendar year. Councilmember Cappello removed this item for clarification. Councilmember Cappello noted an error in the staff
report regarding the term expiration date for Commissioner Mitch Kane. He noted the term expiration date noted it was 20011 and it should be 2011. CAPPELLO/PAGE MOVED TO ACCEPT THE LIST
OF COMMISSION QUALIFICATIONS AND TERMS EXPIRING IN THE 2011 CALENDAR YEAR AS AMENDED: TERM EXPIRATION DATE FOR MITCH KANE SHOULD BE 2011. MOTION PASSED 5-0-0. PUBLIC HEARINGS 14. PUBLIC
HEARING AND ADOPTION OF (1) ORDINANCE ADOPTING AND AMENDING 2010 CALIFORNIA BUILDING STANDARDS, RESIDENTIAL BUILDING, ELECTRICAL, MECHANICAL, PLUMBING, FIRE, AND GREEN BUILDING STANDARDS
CODES WITH MODIFICATIONS FOR LOCAL CONDITIONS, AND (2) RESOLUTION REGARDING THE NEED TO MODIFY THE CALIFORNIA BUILDING CODE DUE TO LOCAL CONDITIONS. STAFF RECOMMENDATION: Staff recommends
that the City Council: (1) Conduct a public hearing concerning the attached ordinance and resolution introduced at the City Council meeting of December 1, 2010; (2) Adopt the Ordinance
Adopting and Amending 2010 California Building Standards, Residential Building, Electrical, Mechanical, Plumbing, Fire, and Green Building Standards Codes with Modifications for Local
Conditions; and (3) Adopt Resolution Adopting Findings of Fact regarding the need to modify the California Building Code due to local conditions. City Attorney Richard Taylor presented
the staff report.
7 Council thanked staff for all their efforts in preparing the amended 2010 Building Standard Code. Mayor Miller opened the Public Hearing for comment. No one requested to speak on this
item. Mayor Miller closed the Public Hearing for comment. ORDINANCE NO. 282 RESOLUTION NO. 10 – 075 PAGE/HUNTER MOVED TO: (1) ADOPT THE ORDINANCE ADOPTING AND AMENDING 2010 CALIFORNIA
BUILDING STANDARDS, RESIDENTIAL BUILDING, ELECTRICAL, MECHANICAL, PLUMBING, FIRE, AND GREEN BUILDING STANDARDS CODES WITH MODIFICATIONS FOR LOCAL CONDITIONS; AND (2) ADOPT RESOLUTION
ADOPTING FINDINGS OF FACT REGARDING THE NEED TO MODIFY THE CALIFORNIA BUILDING CODE DUE TO LOCAL CONDITIONS. MOTION PASSED 5-0-0. At 8:15 p.m. Mayor Miller invited the high school students
to join the Council on the Dais. OLD BUSINESS None NEW BUSINESS 15. STATUS OF JANUARY 19, 2011 COUNCIL MEETING STAFF RECOMMENDATION: Consider cancelling the January 19, 2011, Council
meeting to allow newly appointed Mayor, newly elected and newly appointed Council Members to attend the League of California Cities conference. City Clerk Ann Sullivan presented the
staff report. Mayor Miller invited public comment. No one requested to speak on this item. PAGE/CAPPELLO MOVED TO CANCEL THE JANUARY 19, 2011 COUNCIL MEETING TO ALLOW NEWLY APPOINTED
MAYOR, NEWLY ELECTED AND NEWLY APPOINTED COUNCIL MEMBERS TO ATTEND THE LEAGUE OF CALIFORNIA CITIES CONFERENCE. MOTION PASSED 5-0-0.
8 ADHOC & AGENCY ASSIGNMENT REPORTS Mayor Howard Miller – reported: KSAR – he attended the last meeting and noted the KSAR board has concerns regarding the long term strategic vision
for KSAR due to media changes such as, the Internet and on-demand video, versus a televised station. He noted KSAR is also addressing the issue of working collaboratively with the Saratoga
High School and West Valley College. The City allowed and approved a franchise fee that will go to KSAR to support public access television; however, the law prohibits KSAR from using
the income from that fee to be used for operational expenses. They have a large capital budget and a very small operating budget, which has generated discussion on how to use the capital
budget to provide the services that the station needs. West Valley Solid Waste Management Joint Powers Authority – he attended a special meeting where the board discussed and approved
a commercial rate increase to offset commercial food scrap recycling costs. He added they will assess this rate increase for the next 6 months to see if they will expand this program
to additional businesses. He noted if there are any businesses in Saratoga that would like to get on this recycling program list they can still do so, which will help forecast the demand
for the food scrap recycling program. He added anyone that does have commercial garbage service is already paying an additional small fee for this program. Vice Mayor Chuck Page – reported:
Council Finance Committee – met today and they discussed the General Obligation Bond. He added this item will be discussed further at the January 5, 2011 Council meeting. West Valley
Sanitation District – he noted they will be losing two of the six board members due to the term expiration of one member and the second member not getting re-elected in the November
election; therefore, they will be acquiring two new board members. Councilmember Jill Hunter – had nothing to report. Councilmember Manny Cappello – reported: Councilmember Cappello
stated that that he, along with City Manager Dave Anderson and two councilmembers from the City of Cupertino attended the TEA (Tax Equity Allocation) meeting in Sacramento on Tuesday.
He noted they had a productive meeting with legislative consultants from the Gonsalves firm and legislative members of the Senate and Assembly regarding the TEA issue. He added the TEA
issue is on-going and that they plan to continue meeting with legislative representatives regarding the TEA allocations. Councilmember Emily Lo – had nothing to report at this time.
[2011 Council assignments determined at the December 15, 2010 Council Meeting.] CITY COUNCIL ITEMS Mayor Miller stated he would like to agendize the March 6th Mustard Faire event for
discussion on the January 5, 2011 Council meeting. CITY MANAGER’S REPORT
9 None ADJOURNMENT There being no additional business, Mayor Miller asked for a motion to adjourn the meeting. PAGE/HUNTER MOVED TO ADJOURN THE REGULAR COUNCIL MEETING AT 8:30 P.M. MOTION
PASSED 5-0-0. Respectfully submitted, Ann Sullivan, CMC City Clerk