HomeMy WebLinkAbout102-Minutes for January 20, 2010.pdf
MINUTES
SARATOGA REGULAR CITY COUNCIL MEETING
JANUARY 20, 2010
The City Council of the City of Saratoga met in Closed Session in the Administrative
Conference Room at 5:30PM.
ANNOUNCEMENT OF CLOSED SESSION
Conference with Legal Counsel – Existing Litigation: Pursuant to Government Code
Section 54956.9 (b) (1 potential case) Castro vs. City of Saratoga
MAYOR’S REPORT ON CLOSED SESSION
Mayor King stated there was no reportable information.
The City Council of the City of Saratoga held a Special Meeting with the Saratoga
Chamber of Commerce in the Administrative Conference Room at 6:00 p.m.
Mayor King called the Regular City Council meeting to order at 7:00 p.m. and led the
Pledge of Allegiance.
ROLL CALL
PRESENT: Councilmembers Chuck Page, Howard Miller, Vice Mayor Jill
Hunter, Mayor Kathleen King
ABSENT: Susie Nagpal
ALSO Dave Anderson, City Manager
PRESENT: Richard Taylor, City Attorney
Ann Sullivan, City Clerk
Barbara Powell, Assistant City Manager
John Cherbone, Public Works Director
John Livingstone, Community Development Director
Michael Taylor, Recreation Department Director
Nina Walker, Facilities Coordinator
REPORT OF CITY CLERK ON POSTING OF AGENDA
Ann Sullivan, City Clerk, reported that pursuant to Government Code Section 54954.2,
the agenda for the meeting of January 20, 2010 was properly posted on January 15, 2010.
Mayor King asked for consensus to have the Joint Meeting report by the Chamber of
Commerce President, Emily Lo at this time. [Council agreed]
ORAL COMMUNICATIONS
Bill Dougherty addressed the Council regarding the recent decision on Herriman Avenue
and asked Council to revisit this issue and consider adopting Option 3.
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Citizen Ray addressed the Council regarding the Cupertino Cement Plant and the letter to
the Air Quality Board. He noted the dust sample tests indicated there is arsenic in the dust
particles that are being released into the air.
Councilmember Page asked who performed the study and inquired about the results,
adding he would like a copy.
Citizen Ray stated he would provide Councilmember Page with a copy of the test results.
Ernest Brookfield asked the Council to review the Traffic Safety Commission’s recent
decision to install a crosswalk on Kirkbrook Drive and Kirkmont Avenue near Blue Hills
Elementary School.
Ronald Hills addressed the Council regarding artificial turf as impervious coverage and
its impact on Saratoga Building Permit 09-0344 and asked that Council revisit the use of
artificial turf coverage.
Barton Hechtman addressed the Council regarding a Residential Hillside Conservation
(RHC) parcel designation on specific property and asked that council consider this zoning
issue for discussion at the January 29, 2010 council retreat.
Carl Dcosta addressed the Council regarding the recent decision on Herriman Avenue
and asked Council to revisit this issue and consider adopting Option 3.
Susan Cox addressed the Council regarding the recent decision on Herriman Avenue and
asked Council to revisit this issue and consider adopting Option 3.
Marilyn Foust addressed the Council regarding the recent decision on Herriman Avenue
and asked Council to revisit this issue and consider adopting Option 3.
DIRECTION TO STAFF
Councilmember Page recommended staff include the RHC zoning issue on the Council
Retreat agenda.
City Manager Dave Anderson noted this item is scheduled for discussion on the retreat
agenda.
Councilmember Page asked if staff that was present could provide some information
regarding the Kirkmont crosswalk issue.
Public Works Director John Cherbone was present and noted the Commission considers
each issue on a case-by-case basis. He added staff conducts traffic studies, however, they
usually don’t notify nearby residents when they are doing street work or striping; if it is a
safety issue they do conduct traffic studies and usually don’t notify nearby residents.
Director Cherbone noted this particular traffic study involved a two day study in order to
acquire specific data.
DIRECTION TO STAFF: Staff should notify affected neighbors of future crosswalk
installation decisions in order to provide adequate opportunity for public input.
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Councilmember Miller inquired about the request to address Impervious Coverage at the
upcoming council retreat.
City Manager Dave Anderson noted this topic is scheduled for discussion at the Council
retreat and would be part of the work plan prioritization process.
Vice Mayor Hunter voiced concerns about the Herriman Avenue issue and asked to have
this item brought back for discussion. This request received no second from a
Councilmember.
Councilmember Page noted the Herriman Avenue issue has been discussed for more than
a year and wasn’t sure if reopening it would solve the problem. He noted there are two
upcoming vacancies on the Traffic Safety Commission, adding that could be a good way
to become involved in traffic calming issues.
Councilmemember Miller suggested upgrading the rubber traffic poles on Herriman with
some metal material, which would discourage drivers from driving into the poles. He also
commented on the traffic speed on Herriman Avenue and asked if a traffic study was
scheduled for it.
Director Cherbone noted he would have to look into the feasibility of upgrading the
traffic poles with metal and he added there is a traffic calming plan scheduled for
Herriman Avenue.
DIRECTION TO STAFF:
Staff should work with the Traffic Safety Commission, Traffic Consultant, and Traffic
Engineer regarding some widening of the curve and striping on Herriman Avenue now
and address the speed issue later in the year.
COMMUNICATIONS FROM BOARDS AND COMMISSIONS
Emily Lo, President of Saratoga Chamber Commerce reported the role of the Chamber is
to serve local businesses and the community and they are hoping to build a network of
support between the businesses and the community. She noted they are extending their
service to all commercial districts in Saratoga, including Quito Center, which will host
the pumpkin decoration contest during the week of Halloween. She noted some of the
upcoming events for 2010 – such as the first Annual Saratoga Classic Car Show
scheduled in July and the Taste of Saratoga event, which will be a two-day event in
collaboration with the California Artists Association. She added the Chamber is
committed to providing a quarterly report to the City Council regarding services they’ve
done for the community during the past quarter. She concluded by saying they are in the
final stage of their audit and will deliver an official statement and response to the City
regarding the audit.
Councilmember Miller inquired about the Crab Feed.
Ms. Lo stated the Crab Feed is scheduled for February 20th at Sacred Heart Church;
tickets are $40 for adults and are available at the Chamber of Commerce or on line. She
added Councilmember Page would be the emcee for the live auction.
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Councilmember Page suggested the Chamber look into a new company in the Saratoga
Village called “Double Knot” to assist them with their ticket sales, adding they specialize
in ticket sales for non-profits.
DIRECTION TO STAFF
None
Mayor King asked for consensus to move to the Ceremonial Items at this time. [Council
agreed.]
ANNOUNCEMENTS
Councilmember Page noted there is a Santa Clara County Valley Water District
redistricting process that is occurring. This redistricting would provide for four directors
to be elected to the Board in 2010 and three would be eligible for re-election in 2011; he
encouraged people to consider these positions on the Water Board.
Councilmember Miller noted the latest edition of the Saratoga Recreation Guide for the
winter and spring session is out and that there are numerous classes that are available; he
invited citizens to sign up for some fun classes.
Vice Mayor Hunter congratulated the Recreation & Facilities Department on the 2009
Award of Excellence they recently received from the California Parks and Recreation
Society. She also commented on the Saratoga Website and the email feature for
notification of specific meetings and topics in the City.
Mayor King noted there are a number of vacancies on several city commissions and
invited people to apply, adding that the deadline to apply is February 18, 2010. She also
commented about the recent storm updates noted on the City’s website.
City Manager Dave Anderson noted the Website reflects updates on the recent storm
activity in the community and that residents could go to the Maintenance Yard to acquire
sand bags, if needed.
Vice Mayor Hunter also asked if staff could advertise commission openings to the
Homeowners’ Associations.
CEREMONIAL ITEMS
1. COMMENDATION HONORING THE SARATOGA HIGH SCHOOL BAND
STAFF RECOMMENDATION:
Read and present commendation.
Councilmember Miller invited the band members that were present and their band
directors on stage to receive the commendation. Prior to presenting the commendation
to the band members and band directors, he asked for a moment of silence in honor of
a former band member that had just recently passed away un-expectedly.
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2. PROCLAMATION DECLARING THE MONTH OF JANUARY 2010 AS
“NATIONAL BLOOD DONOR MONTH”
STAFF RECOMMENDATION:
Read and present proclamation.
Mayor King invited Mona Helmhold, American Red Cross Donor Recruitment
Account Manager, up on stage to receive the proclamation and asked Ms. Helmhold
to provide a synopsis of the blood donation program.
SPECIAL PRESENTATIONS
3. PRESENTATION ON LEAGUE OF CALIFORNIA CITIES (LCC) –
PENINSULA DIVISION
STAFF RECOMMENDATION:
Listen to a short presentation by Joe Pirzynski, Vice Mayor of Town of Los Gatos, on
the LCC and its goals for 2010.
Joe Pirzynski, Vice Mayor of Town of Los Gatos, provided a short presentation on
the main goals of the League of California Cities (LCC) and the many benefits local
municipalities receive from the LCC and the Divisions.
4. PRESENTATION ON BILL OF RIGHTS FOR CHILDREN & YOUTH AND
ADOPTION OF RESOLUTION ADOPTING BILL OF RIGHTS FOR
CHILDREN AND YOUTH
STAFF RECOMMENDATION:
Listen to short presentation on the Bill of Rights for Children and Youth; authorize
the Mayor to sign the Bill of Rights for Children & Youth, and adopt Bill of Rights
Resolution.
Dana Bunnett, Executive Director for Kids in Common, provided a short presentation
on the Bill of Rights for Children and Youth and noted that Saratoga is the first city in
the county to consider adopting the resolution supporting the Bill of Rights for
Children and Youth.
RESOLUTION NO. 10-001
PAGE/MILLER MOVED TO AUTHORIZE THE MAYOR TO SIGN THE BILL
OF RIGHTS FOR CHILDREN & YOUTH, AND ADOPT BILLOF RIGHTS
RESOLUTION. MOTION PASSED 4-0-1 WITH COUNCILMEMBER NAGPAL
ABSENT.
At this point Mayor King announced the next item would be Council Announcements
and asked for consensus to go to Agenda Item 16 after Council Announcements.
[Council agreed.]
CONSENT CALENDAR
5. CITY COUNCIL MINUTES – DECEMBER 2, 2009
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STAFF RECOMMENDATION:
Approve Minutes.
MILLER/PAGE MOVED TO APPROVE CITY COUNCIL MINUTES –
DECEMBER 2, 2009. MOTION PASSED 4-0-1 WITH COUNCILMEMBER
NAGPAL ABSENT.
6. CITY COUNCIL SPECIAL MEETING MINUTES (HOUSING ELEMENT) –
DECEMBER 16, 2009
STAFF RECOMMENDATION:
Approve Minutes.
Councilmember Miller removed this item for comment. He thanked the citizens for
their input every step of the way and the Community Development for their efforts.
Kathleen Casey removed this item for discussion. She stated she would like to see the
Housing Element correspondence from the State on the City website. In addition, she
asked to have the cost for completing the Housing Element requirements made
public.
DIRECTION TO STAFF:
Add Housing Element correspondence to City Website.
MILLER/HUNTER MOVED TO APPROVE CITY COUNCIL SPECIAL
MEETING MINUTES (HOUSING ELEMENT) DECEMBER 16, 2009.
MOTION PASSED 4-0-1 WITH COUNCILMEMBER NAGPAL ABSENT.
7. CITY COUNCIL MEETING MINUTES – DECEMBER 16, 2009
STAFF RECOMMENDATION:
Approve minutes.
Kathleen Casey removed this item for comment.
MILLER/PAGE MOVED TO APPROVE CITY COUNCIL MEETING
MINUTES –DECEMBER 16, 2009. MOTION PASSED 4-0-1 WITH
COUNCILMEMBER NAGPAL ABSENT.
8. 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:
December 10, 2009
December 17, 2009
January 7, 2010
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MILLER/PAGE MOVED TO ACCEPT THE CHECK REGISTERS FOR THE
FOLLOWING ACCOUNTS PAYABLE PAYMENT CYCLES: DECEMBER
10, 2009, DECEMBER 17, 2009, JANUARY 7, 2010. MOTION PASSED 4-0-1
WITH COUNCILMEMBER NAGPAL ABSET.
9. MOTOR VEHICLE (MV) RESOLUTIONS RESTRICTING PARKING ON
DAGMAR DRIVE
STAFF RECOMMENDATION:
Move to adopt MV Resolutions restricting parking on a section of Dagmar Drive.
Councilmember Miller removed this item for comment. He thanked the Traffic
Safety Commission for restricting parking at the Dagmar and Saratoga Avenue
intersection and noted this should be considered for a CIP project at some time.
MV RESOLUTION NO. 287
MV RESOLUTION NO. 288
MILLER/PAGE MOVED TO ADOPT MV RESOLUTIONS RESTRICTING
PARKING ON A SECTION OF DAGMAR DRIVE. MOTION PASSED 4-0-1
WITH COUNCILMEMBER NAGPAL ABSENT.
10. RESOLUTION AMENDING THE CITY COUNCIL NORMS OF
OPERATION IMPLEMENTING THE MAYORAL ROTATION POLICY
FOR THE SARATOGA CITY COUNCIL
STAFF RECOMMENDATION:
Adopt the Resolution amending the City Council Norms of Operation Implementing
the Mayoral Rotation Policy for the Saratoga City Council.
Vice Mayor Hunter removed this item for discussion.
Vice Mayor Hunter noted that since 1956, the council rotation has been a tradition,
however, it has not been part of the Norms of Operation and this policy would make
Saratoga one of the few cities that rely on “vote count”. In addition, she inquired
about the policy regarding a three candidate race for city council vacancies and the
policy if there were no opponents for those three vacancies.
City Attorney Richard Taylor noted the draft policy states that if there were an equal
number of votes, which would be the case if there were no votes, then seniority is
determined by a coin toss administered by the City Clerk.
Vice Mayor Hunter expressed other concerns and noted that one council member was
missing and unable to vote on this item.
Kathleen Casey removed this item for comment.
Ms. Casey stated she does not support the Council rotation policy and that it should
remain as it is.
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RESOLUTION NO 10-002
PAGE/KING MOVED TO ADOPT RESOLUTION AMENDING THE CITY
COUNCIL NORMS OF OPERATION IMPLEMENTING THE MAYORAL
ROTATION POLICY FOR THE SARATOGA CITY COUNCIL. MOTION
PASSED 3-1-1 WITH VICE MAYOR HUNTER OPPOSING AND
COUNCILMEMBER NAGPAL ABSENT.
11. 2009 LIBRARY HEATING VENTILATING, AIR CONDITIONING (HVAC)
RENOVATION PROJECT – BUDGET ADJUSTMENT
STAFF RECOMMENDATION:
Accept report and move to approve budget resolution.
RESOLUTION NO. 10-003
MILLER/PAGE MOVED TO APPROVE BUDGET ADJUSTMENT
RESOLUTION FOR 2009 LIBRARY HEATING VENTILATING, AIR
CONDITIONING (HVAC) RENOVATION PROJECT. MOTION PASSED 4-0-
1 WITH COUNCILMEMBER NAGPAL ABSENT.
12. RECORDS MANAGEMENT PROGRAM: RESOLUTION AUTHORIZING
FINAL DISPOSITION OF CERTAIN CITY RECORDS
STAFF RECOMMENDATION:
Adopt Resolution Authorizing Final Disposition of Certain City Records
Kathleen Casey removed this item for comment.
RESOLUTION NO. 10-004
MILLER/PAGE MOVED TO ADOPT RESOLUTION AUTHORIZING FINAL
DISPOSITION OF CERTAIN CITY RECORDS. MOTION PASSED 4-0-1
WITH COUNCILMEMBER NAGPAL ABSENT.
13. ADOPTION OF ORDINANCE ESTABLISHING THE CITY’S ABILITY TO
ISSUE ADMINISTRATIVE CITATIONS FOR VIOLATIONS OF THE
SARATOGA CITY CODE.
STAFF RECOMMENDATION:
Staff recommends the City Council waive the Second Reading and adopt the
Administrative Citation Ordinance.
ORDINANCE NO. 276
MILLER/PAGE MOVED TO WAIVE SECOND READING AND ADOPT THE
ADMINISTRATIVE CITATION ORDINANCE. MOTION PASSED 4-0-1
WITH COUNCILMEMBER NAGPAL ABSENT.
14. APPROVAL OF SPORT USER AGREEMENTS - 2010
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STAFF RECOMMENDATION:
Approve Sport User Agreements with American Youth Soccer Organization,
Saratoga Little League, Quito Little League, De Anza Youth Soccer League, West
Valley Lacrosse Club, West Valley Youth Soccer League, and Saratoga Pony League
for the use of Saratoga City parks, West Valley College, and Prospect High School
for organized sport use, and authorize the City Manager to execute the same.
MILLER/PAGE MOVED TO APPROVE SPORT USER AGREEMENTS WITH
AMERICAN YOUTH SOCCER ORGANIZATION, SARATOGA LITTLE
LEAGUE, QUITO LITTLE LEAGUE, DE ANZA YOUTH SOCCER
LEAGUE, WEST VALLEY LACROSSE CLUB, WEST VALLEY YOUTH
SOCCER LEAGUE, AND SARATOGA PONY LEAGUE FOR THE USE OF
SARATOGA CITY PARKS, WEST VALLEY COLLEGE, AND PROSPECT
HIGH SCHOOL FOR ORGANIZED SPORT USE, AND AUTHORIZE THE
CITY MANAGER TO EXECUTE THE SAME. MOTION PASSED 4-0-1 WITH
COUNCILMEMBER NAGPAL ABSENT.
15. PROPOSED AMENDMENT TO VALLEY TRANSPORTATION
AUTHORITY (VTA) JOINT POWERS AGREEMENT
STAFF RECOMMENDATION:
Approve proposed amendment to VTA Joint Powers Agreement.
Councilmember Page removed this item for comment. He stated we should be proud
of how well our West Valley division works. The West Valley division includes
Campbell, Cupertino, Los Gatos, Monte Sereno and Saratoga and he noted this group
continues to be the model of how all the division groupings should work.
Kathleen Casey removed this item for comment.
PAGE/MILLER MOVED TO APPROVE PROPOSED AMENDMENT TO VTA
JOINT POWERS AGREEMENT. MOTION PASSED 4-0-1 WITH
COUNCILMEMBER NAGPAL ABSENT.
PUBLIC HEARINGS
16. RESOLUTION DECLARING A PUBLIC NUISANCE AS TO SPECIFIED
PROPERTIES CONTAINING HAZARDOUS VEGETATION (WEEDS)
STAFF RECOMMENDATION:
Conduct public hearing and adopt resolution.
City Clerk Ann Sullivan presented the staff report.
Moe Kumre, representative from the Office of the County Agricultural
Commissioner’s Office was present to answer questions.
Councilmember Page asked if Council could allow the public to speak on this item
later in the meeting since this item was heard out of sequence.
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City Attorney Richard Taylor stated the Mayor could open the Public Hearing for
comment and continue it to the last item of the meeting to accommodate individuals
that may be planning to attend the meeting to comment on this item.
Mayor King opened the Public Hearing for comment.
No one was present to speak on this item.
Mayor King closed the Public Hearing and noted it would be reopened again as the
last item on this evening’s agenda.
Mayor King returned to this item at 10:15 p.m. and reopened the Public Hearing. No
one was present to speak on this item. Mayor King closed the Public Hearing.
RESOLUTION NO. 10-005
PAGE/MOVED TO APPROVE THE RESOLUTION DECLARING A PUBLIC
NUISANCE AS TO SPECIFIFED PROPERTIES CONTAINING
HAZARDOUS VEGETATION (WEEDS). MOTION PASSED 4-0-1 WITH
COUNCILMEMBER NAGPAL ABSENT.
Mayor King declared a 5 minute break at 9:35PM.
Mayor King reconvened the Regular Meeting at 9:40PM.
OLD BUSINESS
17. OPTIONS FOR FACILITY RENTAL POLICY FOR NON-PROFIT
FUNDRAISERS
STAFF RECOMMENDATION:
Review report and provide direction for the City’s facility rental policies and rental
fees for non-profit group fundraising use.
Recreation Director Michael Taylor presented the staff report.
Mayor King invited public comment.
No one requested to speak on this item.
COUNCIL CONSENSUS:
Council approved a third tier of facility rental fees for non-profit organizations to
receive a reduced rental rate for one fundraising activity per fiscal year. Non-profit
groups that meet the criteria of being a certified non-profit (501c3 or equivalent),
having a participation level of at least 51% Saratoga residents, and holding an open
event for the public good may charge an admission fee for one event per fiscal year
for the purpose of raising funds for the organization. The reduced fee is 75% of the
regular rental rate. Up to $5,000 of the City Council contingency fund was allocated
to reimburse the Recreation and Facilities Department for the lost revenues due to the
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additional discount and any leftover funds from the Contingency Fund allocation are
to be replaced in the Contingency Fund.
NEW BUSINESS
None
ADHOC & AGENCY ASSIGNMENT REPORTS
Mayor Kathleen King – reported:
SCC Cities Association – Joint Economic Development Policy Committee (JEDPC) –
Mayor King asked that this agency be removed from this list as it no longer exists.
West Valley Mayors and Managers Association – Meets next week.
Vice Mayor Jill Hunter – reported:
Historical Foundation – There are a significant number of speaker series scheduled.
Concerns regarding the plants. They feel the $26,000 that they gave to the City should go
towards plants and this issue needs to be resolved. Lots of excitement generated over the
new Historical Park.
Sister City Liaison – committee members were very pleased with the Muko visit; the
members had a nice Christmas party and preparations are under way for a trip to Muko
this spring; a guest speaker is scheduled at the Saratoga Library to speak about the history
of Samurai.
Councilmember Howard Miller – reported:
Chamber of Commerce – the Chamber is busy preparing for a two-day Taste of Saratoga
event in September.
Council Finance Committee – the last meeting focused on a preview of the Council
retreat topics. City staff continues to successfully find ways to curb expenses in order to
stay on budget.
KSAR – proceeding with equipment for editing stations; applying for potential grant
funding from solid waste JPA to develop a “Recycling” video
Santa Clara County Cities Association Board – City of Saratoga just became the first city
to vote on the Bill of Rights for Youth; City of Gilroy is currently addressing lawsuits
pertaining to the Medical Marijuana Dispensary issue; he noted he made the motion to
support the City of San Jose moving forward on their investigation of the plastic bag
ordinance allowing them to proceed with the environmental impact issue, which will
benefit the City of Saratoga.
West Valley Transportation Authority PAC – at the last meeting discussion took place on
the express road system coming into Bay Area; can use FastPass card.
Councilmember Susie Nagpal – absent
Councilmember Chuck Page – reported:
Santa Clara Valley Water District Commission – meets later in the month.
Saratoga Ministerial Association – meets next Tuesday.
West Valley Sanitation District – did not meet this month; however, he attended a District
conference and most of the discussion focused on the water situation in the State.
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CITY COUNCIL ITEMS
Councilmember Page noted there is a request from a southern California city that is
trying to prevent any more medical marijuana dispensaries from going into their city to
other cities for a letter and a resolution of support.
Mayor King suggested more research be done on this and suggested a closed session
discussion on this item.
City Attorney Richard Taylor stated this item could be scheduled for closed session.
Vice Mayor King noted the League of California Cities is concerned about not receiving
many applications from interested candidates for the re-districting reform in California,
adding interested candidates cannot have previously served in a political office and they
are hoping that more women apply.
CITY MANAGER’S REPORT
None
CITY ATTORNEY’S REPORT
None
ADJOURNMENT
There being no additional business Mayor King asked for a motion to adjourn.
MILLER/PAGE MOVED TO ADJOURN THE REGULAR MEETING AT 10:30PM.
MOTION PASSED 4-0-1 WITH COUNCILMEMBER NAGPAL ABSENT.
Respectfully submitted,
Ann Sullivan, CMC
City Clerk