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Home My WebLink About102-Minutes.pdf MINUTES SARATOGA REGULAR CITY COUNCIL MEETING OCTOBER 6, 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 - REAL PROPERTY NEGOTIATION (Gov't Code Section 54956.8): [APN 503-24-016] Agency Negotiator: Dave Anderson, City Manager CONFERENCE - REAL PROPERTY NEGOTIATION (Gov't Code Section 54956.8): [APN 389-29-007] Agency Negotiator: Dave Anderson, City Manager CONFERENCE - REAL PROPERTY NEGOTIATION (Gov’t Code Section 54956.8): [APN 517-32-001 and APN 503-48-014] Agency Negotiator: Dave Anderson, City Manager MAYOR’S REPORT ON CLOSED SESSION Mayor King stated due to time constraint, Closed Session discussion would continue after the Regular meeting concluded. The City Council held a Joint Meeting with the West Valley College Board of Trustees 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 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 Dave Anderson, City Manager PRESENT: Richard Taylor, City Attorney Ann Sullivan, City Clerk John Livingstone, Community Development Director 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 October 1, 2010 was properly posted on September 30, 2010. 2 COMMUNICATIONS FROM BOARDS AND COMMISSIONS Lori Gaskin, President of West Valley Community College (WVC), provided a brief report on the Joint Meeting with the Council prior to the Regular meeting. She noted the WVC Board focused on four areas, which included the enrollment of 12,000 students and the demographics of the students, nature of their curriculum with a focus on transfer preparation, career and technical education, and basic foundational skills. She noted the WVC has a robust partnership with the kindergarten through twelfth grade schools in the community. In addition, they provided an update on the extensive modernization and infrastructure changes at the College. COUNCIL DIRECTION TO STAFF None ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS Justin Marlaire, representative of Silicon Valley Leadership Group, addressed the Council regarding the annual Turkey Trot completion on Thanksgiving Day, Thursday, November 25, 2010. Barbara Avery, representative of Silicon Valley Leadership Group, addressed the Council regarding the annual Turkey Trot competition on Thanksgiving Day. Jeff Kiel, representative of Westinghouse Solar, addressed the Council regarding the third annual Mayor’s Cup Challenge as part of the annual Turkey Trot competition on Thanksgiving Day. COUNCIL DIRECTION TO STAFF None ANNOUNCEMENTS Vice Mayor Hunter invited everyone to attend the Witchy-Walk-About on October 30 from 2:00 p.m. to 4:00 p.m. in the Village. Councilmember Miller encouraged residents to check out the latest Recreation Guide for interesting fall activities that are now available through the Recreation Department. Councilmember Cappello invited everyone to the Dandia event at Redwood Middle School on October 15. CEREMONIAL ITEMS None SPECIAL PRESENTATIONS 1. INDIAN BHARATANATYAM DANCE PERFORMANCE 3 STAFF RECOMMENDATION: Enjoy the performance of three young artists dancing to Indian Bharatanatyam music. Three students performed a classical Indian dance called Bharatanatyam. This is a unique dance where highly trained dancers perform precise hand gestures, use intricate footwork, vivid expressions and fluid movement. 2. FULL CIRCLE FARM PRESENTATION STAFF RECOMMENDATION: Listen to a short presentation about organic farming given by Rebecca Jepson. Rebecca Jepson, Executive Director of Full Circle Farms in Sunnyvale, California, provided a very informative presentation on organic farming. CONSENT CALENDAR 3. CITY COUNCIL REGULAR MEETING MINUTES – SEPTEMBER 1, 2010 STAFF RECOMMENDATION: Approve minutes. Vice Mayor Hunter removed this item for one minor correction. HUNTER/MILLER MOVED TO APPROVE CITY COUNCIL REGULAR MEETING MINUTES – SEPTEMBER 1, 2010 AS AMENDED. MOTION PASSED 5-0-0. 4. CITY COUNCIL REGULAR MEETING MINUTES – SEPTEMBER 15, 2010 STAFF RECOMMENDATION: Approve minutes. PAGE/MILLER MOVED TO APPROVE CITY COUNCIL REGULAR MEETING MINUTES – SEPTEMBER 15, 2010. MOTION PASSED 5-0-0. 5. CITY COUNCIL & SARATOGA AREA SENIOR COORDINATING COUNCIL (SASCC) JOINT MEETING MINUTES – SEPTEMBER 23, 2010 STAFF RECOMMENDATION: Approve minutes. PAGE/MILLER MOVED TO APPROVE CITY COUNCIL & SARATOGA AREA SENIOR COORDINATING COUNCIL (SASCC) JOINT MEETING MINUTES – SEPTEMBER 23, 2010. MOTION PASSED 5-0-0. 6. TREASURER’S REPORT FOR THE MONTH ENDED JULY 31, 2010 4 STAFF RECOMMENDATION: Review and accept the Treasurer’s Report for the month ended July 31, 2010. PAGE/MILLER MOVED TO ACCEPT AND APPROVE THE TREASURER’S REPORT FOR THE MONTH ENDED JULY 31, 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: September 09, 2010 September 16, 2010 September 24, 2010 PAGE/MILLER MOVED TO ACCEPT THE CHECK REGISTERS FOR SEPTEMBER 09, 2010, SEPTEMBER 16, 2010, AND SEPTEMBER 24, 2010. MOTION PASSED 5-0-0. PUBLIC HEARINGS 8. ORDINANCE ADOPTING ARTICLE 7-36 TO PROHIBIT SMOKING OUTDOORS IN THE CITY OF SARATOGA AND MAKING CONFORMING AMENDMENTS TO ARTICLES 7-35 AND 11-15 STAFF RECOMMENDATION: Conduct a public hearing to consider adopting a new Article 7-36 of the City Code to prohibit smoking in outdoor areas and amending Articles 7-35 and 11-15 to clarify the scope of each of those Articles in relation to the new Article. Introduce and waive the first reading of the ordinance and direct staff to place the ordinance on the consent calendar for adoption at the next regularly scheduled meeting of the City Council. Community Development Director John Livingstone presented the staff report. Mayor King opened the public hearing for comment. The following people requested to speak on this item and spoke in support of the proposed ordinance: Carol Baker, representative of the American Cancer Society. Emily Lo, Saratoga resident. Dennis Acha, representative of Breathe California. Nicole Coxe, representative of the Santa Clara County Public Health Department. Sarah Muller, Director of Health Policy and Community Development at Working Partnerships USA and active member and participant of the Tobacco Leadership Team. Victoria Bourdon, advocate from the Youth Coalition with Tobacco Prevention and Education Program (TPEP), in the Santa Clara County Health Department. 5 Dimetra Coleman, senior at Prospect High School. The following people spoke in opposition of the proposed ordinance: Gilbert Dupont, Saratoga resident and business owner. Paul Hernandez, Saratoga resident and business owner. Josef Masik, Saratoga resident and previous business owner. No one else requested to speak on this item. Mayor King closed the public hearing at 8:20 p.m. Vice Mayor Hunter, Councilmembers Miller and Page expressed concerns regarding the broad extent of the proposed ordinance and noted they would like more data regarding the effects and impact of the newly adopted Zoning Ordinance Amendment Prohibiting Smoking in Saratoga Parks that was introduced at the September 1, 2010 Council meeting and adopted on September 15, 2010. In addition, they noted they would like staff to collect additional data as to no smoking in public areas that other cities have implemented and or adopted, as well as law enforcement experiences. In addition, they felt there should be more opportunities for the public to provide their input on this item before it is again presented to the Council for a vote. DIRECTION TO STAFF: Continue this item in order to conduct additional research and collect more data regarding what other cities in Santa Clara County are doing to prohibit smoking in public areas and law enforcement data. Provide additional opportunities for business owners and residents to learn more about this item and to receive their input regarding the proposed prohibition of smoking in public areas. At this point, Mayor King noted there were quite a few students in attendance as a high school government class assignment and invited all the students up on stage to introduce themselves. Mayor King declared a 10 minute break at 9:30 p.m. Mayor King reconvened the meeting at 9:40 p.m. 9. ONE YEAR EXTENSION OF URGENCY ORDINANCE FOR MEDICAL MARIJUANA DISPENSARIES STAFF RECOMMENDATION: Receive and approve this staff report regarding measures taken thus far to alleviate the condition that led to adoption and first extension of the November 18, 2009 urgency ordinance for medical marijuana dispensaries (MMDs) and adopt an ordinance extending the temporary moratorium on the establishment of MMDs for one year. Community Development Director John Livingstone presented the staff report. Captain Terry Calderone was present to answer questions from Council. 6 Mayor King opened the Public Hearing for comment. No one requested to speak on this item. Mayor King closed the Public Hearing. ORDINANCE NO. 281 MILLER/PAGE MOVED TO APPROVE A ONE YEAR EXTENSION OF THE URGENCY ORDINANCE FOR MEDICAL MARIJUANA DISPENSARIES. MOTION PASSED 5-0-0. OLD BUSINESS None NEW BUSINESS 10. FORMATION OF AN ECONOMIC DEVELOPMENT COMMUNITY ADVISORY COMMITTEE STAFF RECOMMENDATION: Review report and direct Staff accordingly. Community Development Director John Livingstone presented the staff report. Mayor King invited public comment. The following person requested to speak on this item: Kathleen Casey, Saratoga resident. No one else requested to speak on this item. Mayor King closed the public comment. Council concurred that an Economic Development Community Advisory Committee should be created to determine the needs of the Village. They also agreed that this Committee should consist of two consumers, two business owners, and two Council Members. In addition, Council agreed to create an Adhoc consisting of Councilmembers Cappello and Miller, with the first goal after the new Council has been seated, to define the specifics, including the objectives and makeup of the Committee, and to report back to Council in December. CAPPELLO/PAGE MOVED TO CREATE AN ADHOC COMMITTEE CONSISTING OF COUNCILMEMBERS MANNY CAPPELLO AND HOWARD MILLER TO DETERMINE THE OBJECTIVES AND MAKE UP 7 OF THE ECONOMIC DEVELOPMENT COMMITTEE AFTER THE NOVEMBER COUNCIL ELECTION. MOTION PASSED 5-0-0. COUNCIL DIRECTION: Council directed Staff to move forward with the application format and application process. 11. CONSIDER LEGISLATION TO CORRECT UNDERFUNDING OF STATE PROPERTY TAX EQUITY ALLOCATIONS (TEA) TO SARATOGA, MONTE SERENO, CUPERTINO, AND LOS ALTOS HILLS STAFF RECOMMENDATION: Authorize the Mayor to appoint a two person City Council ad hoc committee to work with Monte Sereno, Cupertino, and Los Altos Hills in a collaborative effort to support legislation that would put the cities’ TEA property tax allocations on an equal footing with comparable California cities and direct staff to prepare budget amendments authorizing funding to support the legislative effort. City Manager Dave Anderson presented the staff report. Mayor King invited public comment. No one requested to speak on this item. MILLER/HUNTER MOVED TO APPOINT A TWO PERSON CITY COUNCIL ADHOC COMMITTEE CONSISTING OF COUNCILMEMBERS MANNY CAPPELLO AND HOWARD MILLER TO WORK WITH MONTE SERENO, CUPERTINO, AND LOS ALTOS HILLS IN A COLLABORATIVE EFFORT TO SUPPORT LEGISLATION THAT WOULD PUT THE CITIES’ TEA PROPERTY TAX ALLOCATIONS ON AN EQUAL FOOTING WITH COMPARABLE CALIFORNIA CITIES AND DIRECT STAFF TO PREPARE BUDGET AMENDMENTS AUTHORIZING FUNDING TO SUPPORT THE LEGISLATIVE EFFORT. MOTION PASSED 5-0-0. ADHOC & AGENCY ASSIGNMENT REPORTS Mayor Kathleen King – reported: ABAG – General meeting scheduled in November. Hakone Foundation Executive Committee – Mayor King noted that Vice Mayor Hunter will attend the next meeting. SCC Cities Association Selection Committee – meets next Thursday at 6:50 p.m. and the new officers will be known at that time. West Valley Mayors and Managers Association –meets in October at Plumed Horse in the Village. Vice Mayor Jill Hunter – reported: Susie’s Garden Adhoc –Several meetings have taken place and things are moving along nicely. Bushes in the designated garden area have already been removed and new plants 8 will be planted on October 23. A plaque in Susie Nagpal’s memory will be installed and a dedication ceremony may take place in November. Tree Adhoc – has been meeting throughout the summer and a report to Council has been scheduled for the first meeting in November. The larger issues will be addressed at the Council Retreat in January 2011. Councilmember Howard Miller – reported: Council Finance Committee – City Council members received copies of Fiscal Year 2010/11 budget. He added the audit is going well and the proposal for refunding the Library bond to the Saratoga tax payers is also going well. KSAR – now has PEG fees from Comcast and from AT&T UVerse that fund capital and they are now focusing on the vision for KSAR and the services they want to provide now that they have a stable operation. West Valley Transportation Authority PAC – Members are trying to work out a $10 million dollar shortfall in their 2011 budget. They are excited about 90 hybrid buses that will soon be going on line and will save VTA a million dollars in operating costs. VTA now has the express commuter train now. Highway 680 in Santa Clara County now has a Toll Lane and travelers can use their FastTrac pass. Councilmember Chuck Page – reported: Council Finance Committee – met today and noted the audit is nearly completed. He added there will be a new item coming up soon called the “collection agency”. Santa Clara Valley Water District Commission Saratoga Ministerial Association – met last week at Congregational Beth David. They would like Emergency Coordinator Jim Yoke to specify what they can do to assist in the event of a major disaster. West Valley Sanitation District – meets next week. Councilmember Manny Cappello – reported: Santa Clara County Emergency Council – next meeting will be held in a couple weeks. SASCC – met with the City Council in a joint meeting on September 23 and the focus of the discussion revolved around SASCC’s budget. They discussed the Dandia Event on October 15th at Redwood Middle School and the Health Fair Flu Shots scheduled for November 6 at the Senior Center. The flu shots will cost $10 and will be administered at a first come first serve basis. Sister City Liaison – met last evening and the new Board Members have been instated. The Taiko Drum group has been invited to perform at the Santa Clara County Cities Association Holiday event at the Los Altos Country Club on December 2nd. CITY COUNCIL ITEMS Councilmember Page noted that the Council members received a League of California Cities (LCC) packet describing the actions that were taken at the LCC convention in September. He noted that there was significant discussion regarding whether or not the LCC should take a stance on pushing back or delaying the implementation of AB 32 and SB 375. CITY MANAGER’S REPORT City Manager Dave Anderson noted that Mayor King granted him permission to travel out of state over the weekend to attend a family wedding. 9 ADJOURNMENT There being no additional business, Mayor King announced Council would proceed to the Administrative Conference Room to discuss Closed Session items. The Regular Meeting concluded at 10:30PM and Council members, City Attorney Taylor and City Manager Anderson moved to the Administrative Conference Room to continue Closed Session discussion. MAYOR’S REPORT ON CLOSED SESSION Mayor King stated there was no reportable information on Closed Session. PAGE/MILLER MOVED TO ADJOURN THE REGULAR MEETING AND CLOSED SESSION DISCUSSION AT 10:48PM. MOTION PASSED 5-0-0. Respectfully submitted, Ann Sullivan, CMC City Clerk