HomeMy WebLinkAbout03-02-2011 City Council Minutes MINUTES
SARATOGA REGULAR CITY COUNCIL MEETING
MARCH 2, 2011
The City Council held a Joint Meeting with members of the Santa Clara County Sheriff's
Office and Santa Clara County Fire Department in the Administrative Conference Room
at 6:00 p.m.
Mayor Miller called the Regular City Council meeting to order at 7:00 p.m. and lead the
Pledge of Allegiance.
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REPORT FROM CLOSED SESSION
Mayor Miller noted there was nothing to report.
ROLL CALL
PRESENT: Councilmembers Manny Cappello, Emily Lo, Jill Hunter,
Vice Mayor Chuck Page and Mayor Howard Miller
ABSENT: None
ALSO Dave Anderson, City Manager
PRESENT: Richard Taylor, City Attorney
Ann Sullivan, City Clerk
Mary Furey, Administrative Services Director
John Cherbone, Public Works Director
Michael Taylor, Recreation Director
Iveta Harvancik, Senior Engineer
Cynthia McCormick, Assistant Planner
Crystal Morrow, Administrative Assistant 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 March 2, 2011 was properly posted on February 25, 2011.
COMMUNICATIONS FROM COMMISSIONS & PUBLIC
Carl Neusel, Captain of the Westside Substation for the Santa Clara County Sheriff's
Office and Ken Kehmna, Training Division Deputy Chief for the Santa Clara County Fire
Department provided a brief synopsis of their 6:00 p.m. Joint Meeting with the City
Council.
COUNCIL DIRECTION TO STAFF
None
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ORAL COMMUNICATIONS ON NON - AGENDIZED ITEMS
Michaela Miller, representative of Silicon Valley FACES addressed the Council regarding
an upcoming event called "Community Voices ". She noted that on April 5, 2011, from
7:00 p.m. to 9:00 p.m., Silicon Valley FACES will join with Asian- Americans for a public
community dinner and dialogue at the Jewish Community Center. She noted there will
also be community speakers on hand to share stories about immigration. For more
information people can visit www.asianamericanvoices.org/
COUNCIL DIRECTION TO STAFF
None
ANNOUNCEMENTS
Councilmember Hunter invited everyone to the annual Mustard Faire event from 10:00
a.m. to 4:00 p.m. on Sunday, March 6th and to the annual St. Paddy's Party on March 12
from 3:00 p.m. to 5:00 p.m. in the Saratoga Village.
Councilmember Lo invited everyone to the Year of the Rabbit celebration at Hakone
Gardens on March 5th from 12:00 noon to 4:00 p.m. In addition she noted West Valley
College (WVC) will be presenting a musical gala event on the evening of April 23 For
ticket information people can go to www. westvalleycollege .eventbrite.com
Councilmember Cappello noted two upcoming Chamber of Commerce events: the
Persian New Year event at 4:30 p.m. on March 15 at Blaney Plaza in the Village. The
second event is the Chamber Business Mixer on March 17 at Villa Montalvo from 5:30
p.m. to 7:00 p.m.
Vice Mayor Page noted that CalTrain is experiencing serious financial difficulties and as
a result, service going north up the Peninsula to San Francisco may see a large reduction
in service. He added there are three agencies that have agreed to fund this transportation
service: Valley Transit Authority, SamTrans, and San Francisco Muni. SamTrans, the
San Mateo Transportation Agency, has decided not to fund their portion of the shared
funding this year. He asked everyone that is concerned about the proposed reduction in
CalTrain service to the northern communities to contact the San Mateo Board of
Supervisors and voice their concerns.
Mayor Miller noted that AARP helps low and middle income tax payers in the Saratoga
community with their tax return and E- filings. This service will be available every
Thursday from 9:30 a.m. to 1:30 p.m. in the Senior Center between now and the April
15 tax deadline.
CEREMONIAL ITEMS
None
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SPECIAL PRESENTATIONS
None
CONSENT CALENDAR
1. CITY COUNCIL RETREAT MINUTES — JANUARY 28, 2011
STAFF RECOMMENDATION:
Approve minutes.
Councilmember Lo removed this item for clarification.
Councilmember Hunter removed this item for clarification.
HUNTER/LO MOVED TO APPROVE THE CITY COUNCIL RETREAT
MINUTES — JANUARY 28, 2011, AS AMENDED. MOTION PASSED 5 -0 -0.
2. CITY COUNCIL REGULAR MEETING MINUTES — FEBRUARY 16, 2011
STAFF RECOMMENDATION:
Approve minutes.
Councilmember Hunter removed this item for clarification.
HUNTER/PAGE MOVED TO APPROVE CITY COUNCIL REGULAR
MEETING MINUTES — FEBRUARY 16, 2011, AS AMENDED. MOTION
PASSED 5 -0 -0.
3. REVIEW OF ACCOUNTS PAYABLE CHECK REGISTER
STAFF RECOMMENDATION:
That the City Council review and accept the check registers for the following
Accounts Payable payment cycles:
February 20, 2011
February 17, 2011
Councilmember Miller removed this item for clarification and correction on the
agenda regarding the February 20, 2011 payment cycle date.
MILLER/PAGE MOVED TO ACCEPT THE CHECK REGISTERS FOR THE
FOLLOWING ACCOUNTS PAYABLE PAYMENT CYCLES: FEBRUARY
20, 10, 2011 AND FEBRUARY 17, 2011 AS AMENDED ON AGENDA.
MOTION PASSED 5 -0 -0.
4. TREASURER'S REPORT FOR THE MONTH ENDED JANUARY 31, 2011
STAFF RECOMMENDATION:
Review and accept the Treasurer's Report for the month ended January 31, 2011.
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PAGE /CAPPELLO MOVED TO ACCEPT THE TREASURER'S REPORT FOR
THE MONTH ENDED JANUARY 31, 2011. MOTION PASSED 5 -0 -0.
5. LETTERS OF SUPPORT FOR WEST VALLEY COLLEGE CLEAN SAFE
CREEKS GRANT APPLICATIONS
STAFF RECOMMENDATION:
Accept report and determine whether or not to approve attached letters of support for
West Valley College's applications for Santa Clara Valley Water District Clean Safe
Creeks grant funding.
Councilmember Cappello removed this item for correction in the letter of support
regarding the "trial" system and noted it should be "trail" system.
CAPPELLO /PAGE MOVED TO APPROVE ATTACHED LETTERS OF
SUPPORT AS AMENDED FOR WEST VALLEY COLLEGE'S
APPLICATIONS FOR SANTA CLARA VALLEY WATER DISTRICT
CLEAN SAFE CREEKS GRANT FUNDING. MOTION PASSED 5 -0 -0.
6. LETTER OF SUPPORT FOR CHILDREN'S HERITAGE TRAIL, FARM,
AND GARDEN CLEAN SAFE CREEKS GRANT APPLICATION
STAFF RECOMMENDATION:
Accept report and determine whether or not to approve attached letter of support for
the Children's Heritage Trail, Farm, and Garden's application for Santa Clara Valley
Water District Clean Safe Creeks grant funding.
Councilmember Cappello removed this item for correction in the letter of support and
noted it should be "by" rather than "my" in the second paragraph.
Crystal Morrow, Administrative Analyst II, addressed the Council and noted that
after the posting of the agenda and packet staff was asked to include additional
language to the letter of support regarding the grant application.
Kathryn Matthewson removed this item for comment and provided handouts to the
Council and staff.
Anna Rainville removed this item for comment and read a poem.
CAPPELLO /PAGE MOVED TO APPROVE ATTACHED LETTER OF
SUPPORT AS AMENDED FOR THE CHILDREN'S HERITAGE TRAIL,
FARM, AND GARDEN'S APPLICATION FOR SANTA CLARA VALLEY
WATER DISTRICT CLEAN SAFE CREEKS GRANT FUNDING. MOTION
PASSED 5 -0 -0.
7. SANTA CLARA VALLEY WATER DISTRICT CLEAN SAFE CREEKS
GRANT PROGRAM APPLICATIONS
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STAFF RECOMMENDATION:
Accept report and determine whether or not to approve attached resolutions
authorizing the City to submit applications for Santa Clara Valley Water District
Clean Safe Creeks grant programs.
RESOLUTION NO. 11— 006
RESOLUTION NO. 11— 007
PAGE /CAPPELLO MOVED TO APPROVE RESOLUTIONS AUTHORIZING
THE CITY TO SUBMIT APPLICATIONS FOR SANTA CLARA VALLEY
WATER DISTRICT CLEAN SAFE CREEKS GRANT PROGRAMS. MOTION
PASSED 5 -0 -0.
• 8. CALTRANS STATE ROUTE 9 SAFETY IMPROVEMENT PROJECT -
FINAL SECTION 4(F) DE MINIMIS FINDING
STAFF RECOMMENDATION:
1. Approve the State's use of a small strip of City property (4,792 square feet) at
Hakone Gardens to accommodate roadway safety improvements on Highway 9.
2. Approve final De Minimis Finding for roadway safety improvements located on
Highway 9 adjacent to Hakone Gardens and authorize the City Manager to sign a
concurrence letter for the same.
Vice Mayor Page removed this item for comment and clarification.
Nick Saleh, CalTrans engineer, addressed the Council and provided additional
information and clarification regarding this item.
PAGE /CAPPELLO MOVED TO 1.) APPROVE THE STATE'S USE OF A
SMALL STRIP OF CITY PROPERTY (4,792 SQUARE FEET) AT HAKONE
GARDENS TO ACCOMMODATE ROADWAY SAFETY IMPROVEMENTS
ON HIGHWAY 9; and 2.) APPROVE FINAL DE MINIMIS FINDING FOR
ROADWAY SAFETY IMPROVEMENTS LOCATED ON HIGHWAY 9
ADJACENT TO HAKONE GARDENS AND AUTHORIZE THE CITY
MANAGER TO SIGN A CONCURRENCE LETTER FOR THE SAME.
MOTION PASSED 5 -0 -0.
DIRECTION TO STAFF:
Council directed staff to notify the Council in advance, via the weekly Council
Newsletter, about any documentation from Caltrans that is available for public
review.
9. HIGHWAY 9 SAFETY IMPROVEMENT PROJECT — BUDGET
ADJUSTMENT
STAFF RECOMMENDATION:
Approve budget adjustment.
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RESOLUTION NO. 11- 008
PAGE /CAPPELLO MOVED TO APPROVE HIGHWAY 9 SAFETY
IMPROVEMENT PROJECT — BUDGET ADJUSTMENT. MOTION PASSED
5 -0 -0.
10. FINAL MAP APPROVAL FOR TWENTY RESIDENTIAL LOTS LOCATED
AT 14234 SARATOGA - SUNNYVALE ROAD. OWNER: SUMMERHILL
CREEKSIDE LLC
STAFF RECOMMENDATION:
1. Move to adopt Resolution granting final map approval of tentative map application
No. 06 -017, and consequent applications EXT09 -0002 and MOD 10 -0002 for twenty
residential lots located at 14234 Saratoga - Sunnyvale Road.
2. Move to authorize the City Manager to execute the Subdivision Improvement
Agreement and the Landscape Maintenance Agreement.
Councilmember Cappello removed this item for clarification regarding whether or not
he could vote on this item as a Councilmember since he had previously voted on this
item as a Planning Commissioner.
City Attorney Richard Taylor responded that Councilmember Cappello could vote on
this item.
City Attorney Taylor also noted staff would like to remove this item for comment. He
noted the agreement has been approved by SummerHill,Creekside LLC; however,
they have expressed concerns regarding the insurance requirements that would cover
pollution on the development site and they have proposed that the City utilize a
different approach, whereby the City not require the additional insurance and instead,
accept an indemnification from SummerHill Homes.
City Attorney Taylor recommended Council continue this item to the end of the
agendized items for further discussion so that Council can make an informed
decision.
Council concurred with the recommendation to continue Item 10 to the end of the
agendized items.
Mayor Miller moved to Item 13 at this time.
[Council returned to this item at 8:40 p.m. and continued their discussion.]
City Attorney Richard Taylor provided additional information regarding the
insurance requirements.
Recreation Director Michael Taylor provided additional comments regarding the
insurance requirements.
Kevin Ebrahimi, SummerHill Homes Development Manager, was present to answer
questions regarding this item.
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RESOLUTION NO. 11— 011
CAPPELLO /PAGE MOVED TO: 1.) ADOPT RESOLUTION GRANTING
FINAL MAP APPROVAL OF TENTATIVE MAP APPLICATION NO. 06-017,
AND CONSEQUENT APPLICATIONS EXT09 -0002 AND MOD10 -0002 FOR
TWENTY RESIDENTIAL LOTS LOCATED AT 14234 SARATOGA-
SUNNYVALE ROAD, and 2.) AUTHORIZE THE CITY MANAGER TO
EXECUTE THE SUBDIVISION IMPROVEMENT AGREEMENT AND THE
LANDSCAPE MAINTENANCE AGREEMENT. MOTION PASSED 5 -0 -0.
DIRECTION TO STAFF:
Council directed staff to bring this item back to the March 16, 2011 City Council
meeting and provide options for Council to approve either the existing pollution
liability insurance or indemnification language.
11. MOTOR VEHICLE (MV) RESOLUTION RESTRICTING PARKING ON
PROSPECT ROAD
STAFF RECOMMENDATION:
Move to adopt MV Resolution restricting parking on a portion of Prospect Road
MV RESOLUTION NO. — 296
PAGE /CAPPELLO MOVED TO ADOPT MOTOR VEHICLE (MV)
RESOLUTION RESTRICTING PARKING ON A PORTION OF PROSPECT
ROAD. MOTION PASSED 5 -0 -0.
12. LANDSCAPING & LIGHTING ASSESSMENT DISTRICT LLA -1;
RESOLUTIONS INITIATING RENEWAL OF THE DISTRICT FOR FY 11-
12.
STAFF RECOMMENDATION:
1. Move to adopt the Resolution describing improvements and directing preparation
of the Engineer's Report.
2. Move to adopt the Resolution appointing the Attorneys for the District.
RESOLUTION NO. 11- 009
RESOLUTION NO. 11- 010
PAGE /CAPPELLO MOVED TO 1.) ADOPT THE RESOLUTION DESCRIBING
IMPROVEMENTS AND DIRECTING PREPARATION OF THE
ENGINEER'S REPORT; and 2.) ADOPT THE RESOLUTION APPOINTING
THE ATTORNEYS FOR THE DISTRICT. MOTION PASSED 5 -0 -0.
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PUBLIC HEARINGS
13. FY 2011/12 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND
COMMUNITY GRANT FUNDING APPLICATIONS
STAFF RECOMMENDATION:
1. Conduct the Public Hearing and accept public testimony presentations from
applicants.
2. Make a decision regarding CDBG recommendations and Community Grant
allocations.
3. Approve a transfer of $118,172.77 in unused SHARP funds and $26,000 in unused
SHARP administration funds to the Unincorporated Housing Rehabilitation Program.
Assistant Planner Cynthia McCormick presented the staff report.
Mayor Miller opened the public hearing for public comment.
The following people requested to speak on this item:
Ernie Kraule spoke on behalf of the Saratoga Historical Foundation and the ADA
ramp.
Barbara Merrill spoke on behalf of the Saratoga Adult Care Center.
Vera Sloan spoke on behalf of Shady Shakespeare.
Tom Moran spoke on behalf of KSAR 1.5, Saratoga Community Access Cable TV
Foundation and the internship program.
Oliva Garcia spoke on behalf of the Long Term Care Ombudsman Program.
Susan Huff spoke on behalf of the Saratoga Adult Care Center.
Jacqueline de Guzman spoke on behalf of the West Valley Community Services.
Laura Watkins spoke on behalf of the Santa Clara County Family Health Foundation
— Healthy Kids Program.
Anita Templar spoke on behalf of the Silicon Valley Wildlife Center.
Silicon Valley Wildlife Center representative "Lisa" spoke on behalf of the Silicon
Valley Wildlife Center.
No one else requested to speak on this item.
Mayor Miller closed the public hearing comment period.
Mayor Miller noted this concluded the first portion of the CDBG public hearing and
stated this item would be continued to the March 16, 2011 City Council meeting for
additional discussion and allocation of CDBG funds.
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OLD BUSINESS
None
NEW BUSINESS
None
ADHOC & AGENCY ASSIGNMENT REPORTS
Mayor Howard Miller — reported:
Council Finance Committee — he attended the last meeting and they discussed the
Saratoga Library bond issue.
Hakone Foundation Executive Committee — he attended the last meeting and discussion
occurred regarding the legal issue pertaining to the verbiage on their signs. The Hakone
Master Plan will be submitted to the City within two weeks. Master Gardeners from
Japan are planning to visit Hakone Gardens later this year.
Vice Mayor Chuck Page — reported:
Santa Clara Valley Water District Commission — will meet again in April.
West Valley Sanitation District — he attended the last meeting and had nothing else to
report.
jVice Mayor Page suggested all Saratoga Council Members write a letter to the San
Mateo Board of Supervisors regarding their decision not to provide their share of
funding to CalTrain and that he will send the San Mateo Board of Supervisors contact
information and CalTrain contact information to each of the council members.]
Councilmember Jill Hunter — reported:
KSAR Community Access TV Board — she attended the last meeting and noted KSAR is
doing well.
Councilmember Emily Lo — reported:
Library Joint Powers Association — she attended the last meeting and the Association is
moving forward with the purchase of a new administrative building.
Sister City Liaison — the Sister City organization is now accepting applications for the
Sister City student exchange program.
Councilmember Manny Cappello — reported:
County HCD Policy Committee — the committee met on February 17 and they are
seeking grant funding from CDBG and other grant funding opportunities. The next
meeting will be in two weeks and the Committee will vote on submitted grant funding
requests.
CITY COUNCIL ITEMS
None
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CITY MANAGER'S REPORT
None
ADJOURNMENT
There being no additional business, Mayor Miller asked for a motion to adjourn.
PAGE/MILLER MOVED TO ADJOURN THE REGULAR CITY COUNCIL
MEETING AT 10:00 P.M. MOTION PASSED 5 -0 -0.
Respectfully submitted,
Ann Sullivan, CMC
City Clerk
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