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MINUTES
SARATOGA REGULAR CITY COUNCIL MEETING
MARCH 3, 2010
The City Council of the City of Saratoga held interviews for vacancies on the Planning
Commission, Heritage Preservation Commission and the Traffic Safety Commission
from 5:15 to 6:30 p.m. in the Administrative Conference Room.
The City Council held a Joint Meeting with the Parks and Recreation Commission in the
Administrative Conference Room from 6:30 to 6:55 p.m.
Mayor King called the Regular City Council meeting to order at 7:00 p.m. and invited
students from St. Andrews School to lead the Pledge of Allegiance.
ROLL CALL
PRESENT: Councilmembers Chuck Page, Howard Miller, Susie Nagpal, Vice
Mayor Jill Hunter, Mayor Kathleen King
ABSENT: None
ALSO Dave Anderson, City Manager
PRESENT: Richard Taylor, City Attorney
Ann Sullivan, City Clerk
Barbara Powell, Assistant City Manager
Mary Furey, Administrative Services Director
John Cherbone, Public Works Director
John Livingstone, Community Development Director
Crystal Morrow, Administrative Analyst II
Cynthia McCormick, Assistant Planner
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 March 3, 2010 was properly posted on February 26, 2010.
[Mayor King moved Communications from Boards and Commissions up next and then
Special Presentations.]
ORAL COMMUNICATIONS
Citizen Ray addressed the Council regarding Highway 9 safety and the re-striping
between Saratoga and Los Gatos. He also commented on the Cupertino Cement Plant and
noted citizens could visit www.channel7.com to view the recent television coverage by
Channel 7 – search word is Lehigh.
DIRECTION TO STAFF
None
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COMMUNICATIONS FROM BOARDS AND COMMISSIONS
Denise Goldberg, Chair of the Parks and Recreation Commission, provided a brief report
on the Joint Meeting with City Council prior to the Regular Meeting. She noted the
Commission has a number of exciting plans for the City and they are looking forward to
working with the Council to implement these plans. She noted the Commission has three
main goals: encourage Saratogans to become involved in the City parks and recreation
system by visiting parks they haven’t been to; raise awareness to nature in Saratoga; and
work with the community to make Saratoga a “healthy” city.
DIRECTION TO STAFF
None
ANNOUNCEMENTS
Councilmember Miller reminded everyone about the exciting programs that are listed in
the Saratoga Recreation Guide. He noted the Stroke Faire from 2PM to 4PM at Good
Samaritan Hospital on March 4 and a Financial Planning Association class at the
Saratoga Library on “Strategies for Sustainable Living and Retirement” on March 11th
from 1:00 to 2:30PM.
Vice Mayor Hunter reminded the community of the Mustard Faire on Sunday, March 7 at
10AM; the St. Paddy’s Day party on March 13th from 3PM to 5PM in the Village; and
the Persian Faire in the Village on March 16th.
Mayor King – invited everyone to the 8AM SASCC Pancake Breakfast at the Senior
Center on March 7 – followed by the Mustard Faire, which starts at 10AM. Mayor King
also noted that there will be seven vacancies on the Youth Commission in June and
invited interested applicants to submit an application to the City Clerk by 5PM on May 3.
CEREMONIAL ITEMS
None
SPECIAL PRESENTATIONS
1. “UNITY IN COMMUNITY” PRESENTATION
STAFF RECOMMENDATION:
Listen to short presentation by Kelly Green, Principal of Redwood Middle School.
Kelly Green, Principal of Redwood Middle School, along with two students, gave a
short presentation on the meaning and purpose of the “Unity in Community” program
that all Redwood Middle School students are involved in.
CONSENT CALENDAR
2. CITY COUNCIL MEETING MINUTES – FEBRUARY 17, 2010
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STAFF RECOMMENDATION:
Approve Minutes.
PAGE/MILLER MOVED TO APPROVE CITY COUNCIL MEETING
MINUTES – FEBRUARY 17, 2010. MOTION PASSED 4-0-1 WITH NAGPAL
ABSTAINING.
3. CITY COUNCIL MEETING MINUTES – MARCH 16, 2005
STAFF RECOMMENDATION:
Approve minutes.
Kathleen Casey removed this item for comment.
Councilmember Page made one correction.
MILLER/PAGE MOVED TO APPROVE CITY COUNCIL MEETING
MINUTES – MARCH 16, 2005 AS AMENDED. MOTION PASSED 4-0-1 WITH
NAGPAL ABSTAINING.
4. TREASURER’S REPORT FOR THE MONTH ENDED JANUARY 31, 2010
STAFF RECOMMENDATION:
Review and accept the Treasurer’s Report for the month ended January 31, 2010.
PAGE/MILLER MOVED TO APPROVE TREASURER’S REPORT FOR THE
MONTH ENDED JANUARY 31, 2010. MOTION PASSED 4-0-1 WITH
NAGPAL ABSTAINING.
5. 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:
February 11, 2010
February 18, 2010
PAGE/MILLER MOVED TO ACCEPT CHECK REGISTERS FOR
ACCOUNTS PAYABLE PAYMENT CYCLES: FEBRUARY 11, 2010 AND
FEBRUARY 18, 2010. MOTION PASSED 4-0-1 WITH NAGPAL ABSTAINING.
6. PROSPECT ROAD MEDIAN NO. 11 – NOTICE OF COMPLETION
STAFF RECOMMENDATION:
Move to accept the Prospect Road Median No. 11 project as complete and authorize
the City Manager to sign the Notice of Completion for the construction contract.
Kathleen Casey removed this item for comment.
MILLER/NAGPAL MOVED TO ACCEPT THE PROSPECT ROAD MEDIAN
NO. 11 PROJECT AS COMPLETE AND AUTHORIZE THE CITY
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MANAGER TO SIGN THE NOTICE OF COMPLETION FOR THE
CONSTRUCTION CONTRACT. MOTION PASSED 5-0-0.
7. JOINT USE AGREEMENTS WITH SANTA CLARA VALLEY WATER
DISTRICT FOR JOE’S TRAIL
STAFF RECOMMENDATION:
Authorize the City Manager to execute Joint Use Agreements with Santa Clara Valley
Water District for Joe’s Trail.
PAGE/MILLER MOVED TO AUTHORIZE THE CITY MANAGER TO
EXECUTE THE JOINT USE AGREEMENTS WITH SANTA CLARA
VALLEY WATER DISTRICT FOR JOE’S TRAIL. MOTION PASSED 4-0-1
WITH NAGPAL ABSTAINING.
8. LANDSCAPING & LIGHTING ASSESSMENT DISTRICT LLA-1;
RESOLUTIONS INITIATING RENEWAL OF THE DISTRICT FOR FY 10-11
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. 10 – 009
RESOLUTION NO. 10 – 010
PAGE/MILLER MOVED TO: 1)ADOPT THE RESOLUTION DESCRIBING
IMPROVEMENTS AND DIRECTING PREPARATION OF THE
ENGINEER’S REPORT; 2) ADOPT RESOLUTION APPOINTING THE
ATTORNEYS FOR THE DISTRICT. MOTION PASSED 4-0-1 WITH NAGPAL
ABSTAINING.
[Mayor King asked if Council would agree to addressing Agenda Item 13 at this time.
Council concurred.]
PUBLIC HEARINGS
9. FY 2010/11 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. Review recommendations for streamlining the County CDBG program.
3. Continue the Public Hearing to March 17th to finalize grant allocations and
approve a transfer of $13,964 in previously allocated CDBG funds.
Cynthia McCormick, Assistant Planner, presented the staff report.
Mayor King opened the Public Hearing.
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The following people spoke in support:
Barbara Merrill for Saratoga Adult Care Center
Rose Steele for Shady Shakespeare
Charles Cummins, Jr. for Long Term Care Ombudsman Program
Naomi Nakano Matsumoto & Sujatha Venkatraman for West Valley Community
Services
Tom Moran for KSAR
Susan Huff for SASCC
Joan Giampaolo for Wildlife Center of Silicon Valley
Kathleen Casey thanked the Council for providing funding to help people in need and
noted her concerns regarding any CDBG funding going towards administrative costs
for the agencies that receive funding.
No one else requested to speak on this item.
Mayor King closed the public comment.
PAGE/MILLER MOVED TO CONTINUE THE PUBLIC HEARING TO
MARCH 17, 2010 FOR; 1) STAFF TO PROVIDE COUNCIL WTH THE
ALLOCATION CHART AND; 2) TO FINALIZE GRANT ALLOCATIONS;
AND 3) NOTIFY AGENCIES PREVIOUSLY GRANTED FUNDING.
MOTION PASSED 5-0-0.
NAGPAL/MILLER MOVED TO APPROVE A TRANSFR OF $13,964 IN
PREVIOUSLY ALLOCATED CDBG FUNDS. MOTION PASSED 5-0-0.
Mayor King declared a break at 9PM.
Mayor King reconvened the meeting at 9:12PM.
OLD BUSINESS
10. GOOGLE FIBER FOR COMMUNITIES REQUEST FOR INFORMATION
STAFF RECOMMENDATION:
Accept report and direct staff accordingly.
Crystal Morrow, Administrative Analyst II, presented the staff report.
COUNCIL CONSENSUS:
The Town of Los Gatos has indicated they may be engaging a consultant to assist
with their Google Fiber Request for Information application and that a joint
application between Los Gatos, Saratoga and Monte Sereno may be possible.
Council directed staff to proceed with a joint application with Los Gatos, on the
condition that the consultant will be available to assist Saratoga staff in completing
the application.
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11. RESOLUTION AUTHORIZING ABAG TO ACCEPT STATE ENERGY
PROGRAM FUNDS ON BEHALF OF THE CITY OF SARATOGA
STAFF RECOMMENDATION:
Recommended action:
Accept report and approve the attached resolution authorizing the Association of Bay
Area Governments (ABAG) to accept State Energy Program (SEP) funds on behalf of
the City for a residential energy efficiency audit and retrofit program.
Crystal Morrow, Administrative Analyst II, presented the staff report.
RESOLUTION NO. 10 – 011
NAGPAL/PAGE MOVED TO APPROVE THE RESOLUTION AUTHORIZING
THE ASSOCIATION OF BAY AREA GOVERNMENTS (ABAG) TO
ACCEPT STATE ENERGY PROGRAM (SEP) FUNDS ON BEHALF OF THE
CITY FOR A RESIDENTIAL ENERGY EFFICIENCY AUDIT AND
RETROFIT PROGRAM. MOTION PASSED 5-0-0.
NEW BUSINESS
12. PROCESS FOR ALLOCATION OF COMMUNITY EVENTS FUND
STAFF RECOMMENDATION:
Accept report and select a process for allocating community event funds.
Crystal Morrow, Administrative Analyst II, presented the staff report.
Mayor King invited public comment.
Kathleen Casey requested to speak on this item noting the traditional Saratoga events
should be given funding priority.
No one else requested to speak on this item.
Mayor King closed the public comment.
COUNCIL DIRECTION:
o Bring item back as a Consent Calendar item at the next City Council meeting;
o Consider funding for these events during normal Fiscal Year Budgeting
process
o Specify funding amount for traditional City events; applicants to complete
application
o Allocate $5,000 for non-traditional events; applicants complete application
o Advertise via City website
13. REVIEW OF SITE COVERAGE REQUIREMENTS AND IMPERVIOUS
SURFACE DEFINITION
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STAFF RECOMMENDATION:
Direct staff regarding the preferred approach to revising site coverage requirements
and impervious surface definition among one or more of the following options which
are discussed later in more detail:
1. Create an exception process that would allow the Planning Commission to approve
variations from the site coverage standards upon making specific findings (similar to
the process for grading standards).
2. Change the definition of “impervious surface” to exclude specified types of
surfaces such as artificial turf, gravel, or driveways. As a variation on this option the
Code could exclude specific types of surfaces in specific zoning districts, such as the
current exclusion for driveways in the Agricultural district.
3. Seek to address the goals of the site coverage requirements with a different
approach such as a landscape ordinance.
Cynthia McCormick, Assistant Planner, presented the staff report.
Mayor King invited public comment.
Ron Hills addressed the Council regarding artificial turf, gravel, and tree bark, which
are currently deemed impervious under the City’s site coverage standards, and stated
he is concerned about Option 1.
No one else requested to speak on this item.
Mayor King closed the public comment.
COUNCIL DIRECTION:
Option Preference:
Council preferred Option 1 – Creating an exception process that would allow the
Planning Commission to approve variations from the site coverage standards upon
making specific findings (similar to the process for grading standards).
Inclusion/Exclusion of Driveway Issue:
Mayor King, Councilmembers Page and Nagpal preferred having the word
“driveway” removed from the site coverage requirements.
Vice Mayor Hunter and Councilmember Miller preferred to have the Planning
Commission resolve the “driveway” issue.
Definition of Pervious and Impervious Direction:
Council concurred not to pursue revising the definitions of impervious due to the
environmental review cost and staff time involved, and suggested that it be
considered at a later date as Phase II.
ADHOC & AGENCY ASSIGNMENT REPORTS
Mayor Kathleen King – reported:
County HCD Policy Committee – attended the last meeting and noted that $1.3 million is
allocated by the County for housing.
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West Valley Mayors and Managers Association (WVMMA) – met and spoke about single-
use bags and the Recycling Committee is hoping that the member cities will all support a
resolution banning the use of single-use bags once the environmental impact study is
completed by the City of San Jose; and the annual WVMMA dinner is next Thursday
evening and invited Council and City Manager Anderson to attend.
Vice Mayor Jill Hunter – reported:
Hakone Foundation Board – attended Hakone’s Year of the Tiger event and noted it was
a beautiful event.
Councilmember Howard Miller – reported:
Council Finance Committee – met and SASCC continues to have financial concerns.
Councilmember Susie Nagpal – reported:
Village Adhoc – met to consider approval of an additional canopy application.
Councilmember Chuck Page – reported:
Saratoga Ministerial Association – will be moving forward with the Saratoga Serves
program.
West Valley Sanitation District – is looking for a new attorney due to a retirement.
VTA PAC – Board will have to vote soon on the method of how small cities acquire seats
on the Board.
CITY COUNCIL ITEMS
Councilmember Page noted he would like to agendize a resolution sponsored by the
League of California Cities to keep local revenues local rather than the state taking local
funds. Councilmembers Miller and Nagpal were in agreement.
CITY MANAGER’S REPORT
None
ADJOURNMENT
MILLER/PAGE MOVED TO ADJOURN THE REGULAR MEETING AT 10:15PM.
MOTION PASSED 5-0-0.
Council proceeded to the Administrative Conference Room for a Special Meeting
following the adjournment of the Regular Meeting.
Respectfully submitted,
Ann Sullivan, CMC
City Clerk