HomeMy WebLinkAbout102-Minutes.pdfMINUTES
SARATOGA REGULAR CITY COUNCIL MEETING
NOVEMBER 17, 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 with Legal Counsel – Existing Litigation – (2 cases) Government Code
Section 54956.9(a)
Fox v. City of Saratoga et al. (Santa Clara County Superior Court Case
No. 1-09CV-154579)
Blum v. City of Saratoga et al. (Santa Clara County Superior Court Case
No.1-10-CV-167113)
MAYOR’S REPORT ON CLOSED SESSION
Mayor King stated there was no reportable information.
The City Council held a Joint Meeting with members of the Hakone Foundation in the
Administrative Conference Room at 6:00 p.m.
PLEDGE OF ALLEGIANCE
Mayor King called the Regular City Council meeting to order at 7:00 p.m. and asked
Angela Ann McConnell, Executive Director of Montalvo Arts Center, to 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
Jonathan Wittwer, Assistant City Attorney
Ann Sullivan, City Clerk
Barbara Powell, Assistant City Manager
John Livingstone, Community Development Director
John Cherbone, Public Works Director
Michael Fossati, Assistant Planner
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 November 17, 2010 was properly posted on November 10, 2010.
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COMMUNICATIONS FROM BOARDS AND COMMISSIONS
Lon Saavedra, Executive Director and CEO of Hakone Gardens, provided a brief report
on the Joint Meeting held with the City Council at 6:00 p.m. He noted there are several
big events scheduled in 2011 including: the Chinese Lunar New Year on March 6, 2011;
the annual Matsuri Festival on May 15; the Grand Tea Ceremony; the Divali Festival;
and the third Annual Autumn Opera, which is held the first weekend after Labor Day.
Kia Fariba, Chair of the Saratoga Youth Commission, addressed the Council regarding
the civic engagement activities the Youth Commissioners are involved in. He noted their
goal for 2010/2011 was to build strong roots with other commissions, including working
with the Saratoga Parks and Recreation Commission and the Monte Sereno Youth
Commission. Some of the events they are working on include: the annual Arbor Day
event; One Dollar for Life Foundation; and the creation of the Teen Friendly Business
Award. The commission is also working with business owners in the Village to help
create a more teen friendly downtown environment by offering special incentives to bring
teens into their shops. The Commission would like to present the first “business award”
to a Village shop in early January or February. The award would be passed from one teen
friendly business to the next each month.
DIRECTION TO STAFF
None
ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS
Dr. Stutzman addressed the Council regarding his support of Measure Q.
Trish Cypher also spoke about Measure Q and her support of the Measure.
Cheriel Jensen addressed the Council regarding the Smart Meters and the potential
negative health effects on people.
Glen Crown addressed the Council regarding Recreational Vehicle (RV) parking on
Vanderbilt Drive and other residential streets for extended periods of time and the use of
the RV as a residence. He asked Code Enforcement to monitor RV’s and other vehicles
that are parked on streets for extended periods of time. In addition, he asked the City to
monitor speeding vehicles on Vanderbilt Drive.
DIRECTION TO STAFF:
Councilmember Page asked staff to work with Mr. Crown regarding RV’s and other
vehicles parked on streets for extended periods of time and to work with the Santa Clara
County Sheriff’s Office regarding speeding in residential areas.
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ANNOUNCEMENTS
Councilmember Miller reminded everyone to check the latest edition of the Saratoga
Recreation Guide for great children’s activities, such as the Camp Winter Wonderland
Program. In addition, he noted the Annual Tree Lighting Ceremony would be held at
Blaney Plaza from 5:30 p.m. to 6:00 p.m. on Friday, November 26, 2010, followed by the
Village Open House from 6:00 p.m. to 9:00 p.m.
Mayor King added that there would be something new at the Annual Tree Lighting
ceremony this year. She stated every child that was planning to attend the event should
print their name on a small card and include a sentence highlighting something nice that
they would do for someone during the holiday season. There would be a random drawing
and the child with the winning card will be the one to light the holiday tree.
CEREMONIAL ITEMS
1. APPOINTMENT OF RINA SHAH TO THE HERITAGE PRESERVATION
COMMISSION AND OATH OF OFFICE
STAFF RECOMMENDATION:
Adopt the attached resolution appointing one (1) new member to the Heritage
Preservation Commission and direct the City Clerk to administer the Oath of Office.
RESOLUTION NO. 10-064
PAGE/MILLER MOVED TO APPROVE THE RESOLUTION APPOINTING
ONE (1) NEW MEMBER (RINA SHAH) TO THE HERITAGE
PRESERVATION COMMISSION AND DIRECT THE CITY CLERK TO
ADMINISTER THE OATH OF OFFICE. MOTION PASSED 5-0-0.
2. PROCLAMATION DECLARI NG THE MONTH OF NOVEMBER –
PANCREATIC CANCER AWARENESS MONTH
STAFF RECOMMENDATION:
Present proclamation.
Mayor King read and presented the proclamation to Diane Borrison and Nancy Lohr.
3. COMMENDATION FOR MONTALVO ARTS CENTER
STAFF RECOMMENDATION:
Present commendation.
Mayor King read and presented the commendation to Angela Ann McConnell,
Executive Director of Montalvo Arts Center and Kathie Maxfield, Board Chair of
Montalvo Arts Center.
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4. COMMENDATION FOR MAR IANNE SWAN – SARATOGA COMMUNITY
PRESCHOOL
STAFF RECOMMENDATION:
Present commendation.
Mayor King read and presented the commendation to Marianne Swan and her family.
5. COMMENDATION FOR RIC K RATRA –SARATOGA 76 GAS STAT ION
STAFF RECOMMENDATION:
Present commendation.
Mayor King read and presented the commendation to Rick Ratra and his family.
6. COMMENDATION FOR PAUL AND LEA ANN HERNANDEZ –
SARATOGA OAKS LODGE
STAFF RECOMMENDATION:
Present commendation.
Mayor King read and presented the commendation to Paul and Lea Ann Hernandez
and members of their family.
SPECIAL PRESENTATIONS
None
CONSENT CALENDAR
7. CITY COUNCIL REGULAR MEETING MINUTES – NOVEMBER 3, 2010
STAFF RECOMMENDATION:
Approve minutes.
PAGE/MILLER MOVED TO APPROVE THE CITY COUNCIL REGULAR
MEETING MINUTES – NOVEMBER 3, 2010. MOTION PASSED 5-0-0.
8. REVIEW OF ACCOUNTS P AYABLE CHECK REGISTER
STAFF RECOMMENDATION:
That the City Council review and accept the check register for the following
Accounts Payable cycle:
October 28, 2010
PAGE/MILLER MOVED TO ACCEPT THE ACCOUNTS PAYABLE CHECK
REGISTER FOR ACCOUNTS PAYABLE CYCLE – OCTOBER 28, 2010.
MOTION PASSED 5-0-0.
9. FY 2009/10 COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR)
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STAFF RECOMMENDATION:
Review and accept the FY 2009/10 Comprehensive Annual Financial Report (CAFR)
Councilmember Miller removed this item for clarification.
Councilmember Miller explained what the CAFR was and thanked the Finance
Department staff for doing an outstanding job managing the City’s finances.
MILLER/PAGE MOVED TO ACCEPT THE FY 2009/10 COMPREHENSIVE
ANNUAL FINANCIAL REPORT (CAFR). MOTION PASSED 5-0-0.
10. SARATOGA LIBRARY BOO K RETURN OVERHANG PR OJECT – AWARD
OF CONTRACT TO PREMIER WEST INTERIORS
STAFF RECOMMENDATION:
Review report and
1. Move to declare Premier West Interiors (PWI) of San Jose 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 Premier West Interiors (PWI) in the amount of $41,799.
3. Move to authorize staff to execute change orders to the contract up to $4,180.
PAGE/MILLER MOVED TO: 1) DECLARE PREMIER WEST INTERIORS
(PWI) OF SAN JOSE TO BE THE LOWEST RESPONSIBLE BIDDER ON
THE PROJECT; 2) ACCEPT BID AND AUTHORIZE THE CITY MANAGER
TO ENTER INTO A CONSTRUCTION CONTRACT WITH PREMIER
WEST INTERIORS (PWI) IN THE AMOUNT OF $41,799; AND 3)
AUTHORIZE STAFF TO EXECUTE CHANGE ORDERS TO THE
CONTRACT UP TO $4,180. MOTION PASSED 5-0-0.
11. LISA MARIE COURT SUM MARY VACATION
STAFF RECOMMENDATION:
Adopt Resolution of Summary Vacation of Portions of Lisa Marie Court.
RESOLUTION NO. 10-065
PAGE/MILLER MOVED TO ADOPT RESOLUTION OF SUMMARY
VACATION OF PORTIONS OF LISA MARIE COURT. MOTION PASSED 5-
0-0.
12. ADOPTION OF THE GENE RAL PLAN’S CIRCULATI ON AND SCENIC
HIGHWAY ELEMENT AND CONFO RMING AMENDMENT TO THE OPEN
SPACE AND CONSERVATI ON ELEMENT TRAILS MAP.
STAFF RECOMMENDATION:
Approve the Resolution to adopt the revised General Plan’s Circulation and Scenic
Highway Element (Circulation Element) including a conforming amendment to the
Open Space and Conservation Element (Open Space Element).
Dave Anderson, City Manager, removed this item for clarification.
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Michael Fossati, Assistant Planner, addressed the Council noting that Saratoga
resident, Mr. William Brooks, sent a letter to staff regarding clarification of a specific
trail segment on the Open Space and Conservation Element Trails Map. Mr. Brooks
noted that he believes the specific trail segment is an “existing trail” and not a
proposed trail. Mr. Fossati added that staff will confirm if the specific trail in
question is an existing trail rather than a proposed trail. If staff determines that it is
an existing trail, staff will bring this item back for Council approval to amend the
Existing and Proposed Trails Map at a future Council meeting.
[The letter from Mr. Brooks and map depicting the existing and proposed trails will
be included in the historic record of this meeting agenda packet.]
RESOLUTION NO. 10-066
PAGE/MILLER MOVED TO APPROVE THE RESOLUTION TO ADOPT THE
REVISE D GENERAL PLAN’S CIR CULATION AND SCENIC HIGHWAY
ELEMENT (CIRCULATION ELEMENT) INCLUDING A CONFORMI NG
AMENDMENT TO THE OPEN SPACE AND CONSERVATION ELEMENT
(OPEN SPACE ELEMENT). MOTION PASSED 5-0-0.
13. FINAL ANNEXATION OF AN APPROXIMATELY 33,253 (GROSS)
SQ UARE FOOT PARCEL (APN 503-13-138) LOCATED AT 22215 MOUNT
EDEN ROAD INCLUDING THE ADJACENT RIGHT -OF-WAY PORTION
OF MOUNT EDEN ROAD.
STAFF RECOMMENDATION:
Approve final annexation of an approximate 28,331 square foot parcel known as APN
503-13-138 (Lands of Keenan) located at 22215 Mount Eden Road including the
approximate 4,922 square feet, 107 foot long adjacent right-of-way portion of Mount
Eden Road by adopting the attached Resolution.
RESOLUTION NO. 10-067
PAGE/MILLER MOVED TO APPROVE FINAL ANNEXATION OF AN
APPROXIMATE 28,331 SQUARE FOOT PARCEL KNOWN AS APN 503-13-
138 (LANDS OF KEENAN) LOCATED AT 22215 M OUNT EDEN ROAD
INCLUDING THE APPROXIMATE 4,922 SQUARE F EET, 107 FOOT LONG
ADJACENT RIGHT -OF-WAY PORTION OF MOUNT EDEN ROAD BY
ADOPTING THE ATTACHED RESOLUTION. MOTION PASSED 5-0-0.
PUBLIC HEARINGS
14. ANNEX10-0002 – APPLICATION FOR INITIATION OF ANNEXATION
PROCEEDINGS BY GARROD TRUST
STAFF RECOMMENDATION:
Staff recommends the City Council adopt the Resolution Initiating Annexation
(Attachment 1) and refer the proposed annexation and preparation of a Pre-
Annexation Agreement and all related land use approvals to the Planning
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Commission for a public hearing and consideration of recommendations and return to
the City Council for final decision as to the Pre-Annexation Agreement, Addition of
AP/OS Overlay Zoning, Development Agreement, new Combined Williamson Act
Contract, Use Permit and CEQA Compliance.
Jonathan Wittwer, Assistant City Attorney, presented the staff report.
Council discussion took place and Councilmember Page inquired if there had been
any discussions with the City of Cupertino regarding annexation of this property into
the City of Saratoga since one and a half acres of the property are located in
Cupertino.
Staff indicated no discussion with the City of Cupertino has taken place thus far.
Mayor King opened the Public Hearing for comment.
The following people requested to speak on this item:
Applicant Jan Garrod addressed the Council regarding the application for initiation of
annexation procedures by the Garrod Trust – Cooper-Garrod Winery and Garrod
Farms Commercial Equestrian Center.
The following people spoke in favor of the Cooper-Garrod request for annexation:
Nancy Anderson
William (Bill) Brooks
Russell Perry
Ann Kolb
Terrie Creamer
Bill Cooper
Denise Goldberg, Chair of the Pedestrian, Equestrian, and Bicycle Trails Advisory
Committee, addressed the Council and noted the Committee fully supported the
annexation.
The following person/s spoke against the proposed annexation procedures:
Cheriel Jensen
No one else requested to speak on this item.
Mayor King closed the Public Hearing for comment.
RESOLUTION NO. 10-068
PAGE/MILLER MOVED TO ADOPT THE RESOLUTION INITIATING
ANNEXATION AND REFER THE PROPOSED ANNEXATION AND
PREPARATION OF A PRE-ANNEXATION AGREEMENT AND ALL
RELATED LAND USE APPROVALS TO THE PLANNING COMMISSION
FOR A PUBLIC HEARING AND CONSIDERATION OF
RECOMMENDATIONS AND RETURN TO THE CITY COUNCIL FOR
FINAL DECISION AS TO THE PRE-ANNEXATION AGREEMENT,
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ADDITION OF AP/OS OVERLAY ZONING, DEVELOPMENT
AGREEMENT, NEW COMBINED WILLIAMSON ACT CONTRACT, USE
PERMIT AND CEQA COMPLIANCE. MOTION PASSED 5-0-0.
COUNCIL DIRECTION:
Council directed staff to discuss the Garrod annexation application with the City of
Cupertino regarding the piece of property that is located in Cupertino.
At 8:55 p.m. Mayor King invited the high school and college students on stage and
asked them to introduce themselves.
OLD BUSINESS
None
NEW BUSINESS
15. APPROVAL OF SANTA CL ARA COUNTY CITIES ASSOCIATION (SCCCA)
BYLAWS
STAFF RECOMMENDATION:
Accept report and direct staff accordingly.
Ann Sullivan, City Clerk, presented the staff report.
Mayor King invited public comment.
No one requested to speak on this item.
Mayor King closed the public comment.
MILLER/PAGE MOVED TO APPROVE THE SANTA CLARA COUNTY
CITIES ASSOCIATION (SCCCA) BYLAWS AS AMENDED. MOTION
PASSED 5-0-0.
ADHOC & AGENCY ASSIGNMENT REPORTS
Mayor Kathleen King – reported:
SCC Cities Association Selection Committee – the Silicon Valley Education Foundation
provided a short presentation at the last meeting.
West Valley Mayors and Managers Association – she attended the meeting held earlier
today and members were given a presentation on electric vehicle charging stations.
Vice Mayor Jill Hunter – reported:
Hakone Foundation Board – she attended the last meeting.
Historical Foundation – there will be a meeting Sunday afternoon (November 21) and
noted there will be a presentation on the “Prohibition”. She thanked everyone that
participated in the wreath building project for the Village and noted the wreaths would be
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hung throughout the Village on Thursday afternoon. She added there will be a “wreath
contest” before Christmas where people will have the opportunity to vote for the best
wreath.
Councilmember Howard Miller – reported:
KSAR – met and in addition to the grant they received from the City of Saratoga, they are
excited about the grant they received from the West Valley Solid Waste JPA to produce
recycling and education videos.
[Mayor King noted that this would be a great opportunity for KSAR to provide the high
school board with a quote to video their board meetings.]
Councilmember Miller agreed and noted he would bring this suggestion up to the KSAR
Board.
West Valley Solid Waste Joint Powers Authority – awarded a grant to the KSAR
television station. The JPA approved commercial food waste recycling. The recycling
hauler was expected to reach out to all the Chamber of Commerces and through those
Chamber of Commerces the recycling hauler was suppose to reach out to the key
businesses in each of the four cities. Currently none of the grocery stores in our city are
signed up; he added that anything we can do to divert waste to the landfill is a positive.
He stated all commercial trash bills will increase January 1, 2011 to cover this recycling
service, regardless if the commercial business participates in this program or not. They
received an update from the City of San Jose regarding the single use plastic bag issue
and cities are waiting to see what happens next regarding this issue.
West Valley Transportation Authority PAC – Measure B (an additional $10 license fee
per vehicle) passed, which will allow a portion of the vehicle license fee to be directed to
road improvements in Saratoga. Proposition 26 may delay this funding. In addition, the
PAC funded a $641 million dollar bond and they began the process to place 90 new
hybrid buses to high use routes. They also had some discussion regarding SB375, the
Sustainable Communities Act.
Councilmember Chuck Page – reported:
Saratoga Ministerial Association – he attended the last meeting and members of the
association are preparing for the Saratoga Serves annual event the week of March 12- 19,
2011, and he invited everyone to participate in this community event.
West Valley Sanitation District – he attended the last meeting and the District’s audit has
been completed. He added, due to budget constraints, they removed the clause in the
District’s ordinance that provides for an automatic 5% increase per year in stipend
payments to members that attend the meetings.
Councilmember Manny Cappello – reported:
Chamber of Commerce – he attended the meeting last Thursday and in addition to the
Tree Lighting event on November 26th there will be a Chamber sponsored “Wine Stroll”
this year. People should visit the Saratoga Chamber of Commerce website at:
www.saratogachamber.org, to purchase a souvenir wine glass for $30 and on the evening
of November 26 they can visit the 15 participating businesses to receive an ounce of
wine served in the souvenir wine glass.
Santa Clara County Emergency Council – he attended the last meeting and the members
were pleased to report that the Alert SCC (Santa Clara County Emergency Alert System)
is going very well and they have asked members to remind residents in their respective
communities to visit the Alert SCC website at www.alertscc.com to register for
information regarding emergency alert activities in their communities. He added each
City will be reporting on emergency activities in their respective community and Jim
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Yoke, Emergency Services Coordinator for Saratoga, will be presenting at the next
meeting.
CITY COUNCIL ITEMS
Vice Mayor Hunter commented about the letter Council received regarding the Lehigh
Cement Factory and asked if the City could send a response letter.
Dave Anderson, City Manager, noted the public hearing that was scheduled for
November 23rd has been postponed indefinitely due to new information the Santa Clara
County Planning Department received. They will analyze this information before
rescheduling the public hearing. He added staff would provide Council with an update in
the weekly Council Newsletter.
Vice Mayor Hunter also commented about a letter she received from a citizen regarding
landscaping and fence concerns in a specific neighborhood on Saratoga/Sunnyvale
Boulevard.
Councilmember Page stated he was familiar with the landscape and lighting issue in the
specific neighborhood and would follow up with this item.
Mayor King recommended the new Council acknowledge the Alameda family, owners of
the Saratoga Alameda Funeral Home, with a commendation recognizing their 40 years of
service in the Saratoga community.
CITY MANAGER’S REPORT
None
ADJOURNMENT
PAGE/MILLER MOVED TO ADJOURN THE REGULAR CITY COUNCIL
MEETING AT 9:35PM. MOTION PASSED 5-0-0.
Respectfully submitted.
Ann Sullivan, CMC
City Clerk
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NOTE: To view current or previous City Council meetings anytime, go to the City
Video Archives at www.saratoga.ca.us
10/20 Regular Meeting – Joint Meeting with Traffic Safety Commission
11/3 Regular Meeting – Joint meeting with Saratoga Ministerial Association
11/17 Regular Meeting - Joint Meeting with Hakone Foundation
11/30 Council Reorganization
12/1 Regular Meeting -
12/15 Regular Meeting -
CITY OF SARATOGA
CITY COUNCIL MEETING CALENDAR 2010