HomeMy WebLinkAbout102-Minutes.pdf1
MINUTES
SARATOGA CITY COUNCIL MEETING
SEPTEMBER 16, 2009
The City Council of the City of Saratoga met in Closed Session in the Administrative
Conference Room at 5:30 p.m.
ANNOUNCEMENT OF CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL – Existing Litigation (1 case) Government Code
Section 54956.9 (a)):
Singer vs. Saratoga et al (Santa Clara County Superior Court Case
No. 1-08-CV-113570)
CONFERENCE WITH LEGAL COUNSEL – Anticipated Litigation: Significant exposure to
litigation pursuant to Government Code Section 54956.9 (b) (2 potential cases)
CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Gov’t Code Section 54956.8):
(2 cases)
Property: APN No. 503-48-014 and 517-32-001
Property: APN No. 389-29-008
MAYOR’S REPORT ON CLOSED SESSION
Mayor Page stated there was no reportable information
City Council held a Joint Meeting with members of the West Valley College Board of
Trustees in the Administrative Conference Room at 6:00 p.m.
Mayor Page called the Regular City Council meeting to order at 7:00 p.m. and led the
Pledge of Allegiance.
ROLL CALL
PRESENT: Councilmembers Susie Nagpal, Howard Miller, Jill Hunter, Vice
Mayor Kathleen King, Mayor Chuck Page
ABSENT: None
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
Claudia Cauthorn, Interim Recreation Director
2
Kim Saxton-Heinrichs, Senior Recreation Supervisor
Crystal Morrow, Administrative Analyst
Curtis Boone, Records Management Intern
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 September 16, 2009, was properly posted on September 11,
2009.
ORAL COMMUNICATIONS
The following people requested to speak:
Sam McBane Mulford, Chair of Library Commission, thanked Barbara Powell for her
support as staff liaison to the commission and Thomas Scott for completing the library
maintenance checklist associated with the construction of the library. She expressed her
gratitude that the Book Mobile from the Santa Clara County Library was taken to the
Taste of Saratoga. She noted students have on-line homework help from 1:00 p.m. to
10:00 p.m. via Brain Fuse and that it is a free service. In addition, she noted the
commission members completed a half day board and commission effectiveness training
sponsored by California Association of Library Trustees and Commissioners.
Emily Lo thanked the council and staff for participating in the Taste of Saratoga event
noting that it was a great success with more activity occurring later in the afternoon. She
noted there would be a meeting next Tuesday regarding the evaluation of the Taste of
Saratoga event and invited comments. In addition, she stated the City recently agreed to
reimburse the Chamber of Commerce for CUP fees associated with their relocation if
completed in 6 months and that the time frame expires Friday, September 18th. She
stated the Chamber is currently under contractual negotiations, which is about 80%
complete and will require approval from the Chamber Board. She asked council to
consider extending the time frame until they can complete the negotiations. She also
announced a new Chinese festival activity that would be a part of the October 3rd Lantern
Walk, which is scheduled from 4 to 6 PM on Big Basin Way.
Councilmember Nagpal asked how much extra time the Chamber would need to
complete the contract negotiations.
Ms. Lo replied about another week or two, however if this contract negotiation fails they
would need additional time to search for a new site.
Councilmember Hunter asked if the Chamber is reaching out to schools regarding the
Lantern Walk.
Ms. Lo noted they are doing that as well as reaching out to the Saratoga Library.
Citizen Ray stated there are more dead pine trees in the public right-of-way on Highway
9. He also noted there would be a meeting Thursday at 6:30 p.m. in the Quinlan Center
in Cupertino regarding the Lehigh Cement Plant and invited people to attend it.
3
Kathleen Casey thanked Council and the Chamber for the Taste of Saratoga in the
Village; she also stated she heard there is a meeting scheduled for 5:30 on September
22nd regarding the Buy and Save redevelopment plans and noted it should be on the
City’s website.
DIRECTION TO STAFF
Vice Mayor King inquired if the Chamber’s request for additional time to complete
contract negations should be agendized.
City Manager Dave Anderson stated it could be agendized on the next council agenda as
a consent item.
Council directed staff to agendize this item on the October 7, 2009 meeting.
COMMUNICATIONS FROM BOARDS AND COMMISSIONS
Jack Lucas, President of the West Valley College Board of Trustees, (WVC) addressed
the council regarding the 6:00 p.m. joint meeting noting they appreciate the ongoing great
relationship with the city and the opportunity to sit down and discuss issues that involve
both entities. He added they enjoy working with the city and look forward to possible
partnerships with the city and the college.
DIRECTION TO STAFF
None
ANNOUNCEMENTS
Councilmember Hunter noted the Historical Foundation will be having a BBQ and silent
auction at Garrod’s Stable on September 27 starting at 4PM; tickets are $40 for
foundation members and $50 for non-members. She invited everyone to attend and added
one of the silent auction prizes would be lunch with Mayor Page.
CEREMONIAL ITEMS
1. RECOGNITION OF SARATOGA LITTLE LEAGUE TEAMS
STAFF RECOMMENDATION:
Present certificates.
Many members of the teams were unable to attend tonight’s meeting; therefore the
Mayor will present the certificates to the members at a later date.
2. COMMENDATION HONORING CITIZEN RAY DAVIS
STAFF RECOMMENDATION:
Present commendation.
4
Mayor Page read and presented the commendation to Citizen Ray Davis. Family
members were present to share the recognition with him.
SPECIAL PRESENTATIONS
3. LAUNCH OF NEW CITY WEBSITE
STAFF RECOMMENDATION:
Presentation only, no action is necessary.
Administrative Analyst Crystal Morrow provided a short presentation on the new
Saratoga City Website.
Councilmembers provided Ms. Morrow with additional recommendations that would
make it easier for the general public to browse the new website.
Council thanked everyone that participated in this project.
CONSENT CALENDAR
4. CITY COUNCIL MINUTES – SEPTEMBER 2, 2009
STAFF RECOMMENDATION:
Approve minutes.
KING/NAGPAL MOVED TO APPROVE CITY COUNCIL MINUTES –
SEPTEMBER 2, 2009. MOTION PASSED 5-0-0.
5. TREASURER’S REPORT FOR THE MONTH ENDED JUNE 30, 2009
STAFF RECOMMENDATION:
That the City Council accepts Treasurer’s Report for the Month Ended June 30, 2009
KING/NAGPAL MOVED TO ACCEPT TREASURER’S REPORT FOR THE
MONTH ENDED JUNE 30, 2009. MOTION PASSED 5-0-0.
6. REVIEW OF ACCOUNTS PAYABLE REGISTERS
STAFF RECOMMENDATION:
That the City Council accepts the Check Registers for Accounts Payable cycles:
August 27, 2009
September 03, 2009
KING/NAGPAL MOVED TO ACCEPT CHECK REGISTERS FOR
ACCOUNTS PAYABLE CYCLES; AUGUST 27, 2009 AND SEPTEMBER 03,
2009. MOTION PASSED 5-0-0.
7. ADOPT ORDINANCE AMENDING VARIOUS SECTIONS OF THE CITY
CODE PERTAINING TO LAND USE. THE AMENDMENTS WOULD
CLARIFY EXISTING PROVISIONS REGARDING HEALTH AND
SANITATION, SUBDIVISIONS, ZONING REGULATIONS, AND BUILDING
5
REGULATIONS AND WOULD ADOPT NEW PROVISIONS REQUIRING
STORY POLES AND SETTING GREEN BUILDING STANDARDS.
STAFF RECOMMENDATION:
Waive the second reading and adopt the proposed ordinance.
Citizen Meg Giberson removed this item for comments and provided a handout.
ORDINANCE NO. 272
HUNTER/KING MOVED TO ADOPT ORDINANCE AMENDING VARIOUS
SECTIONS OF THE CITY CODE PERTAINING TO LAND USE AND
CLARIFYING EXISTING PROVISIONS REGARDING HEALTH AND
SANITATION, SUBDIVISIONS, ZONING REGULATIONS, AND BUILDING
REGULATIONS AND ADOPTING NEW PROVISIONS REQUIRING STORY
POLES AND SETTING GREEN BUILDING STANDARDS. MOTION
PASSED 5-0-0.
8. SARATOGA AVENUE OVERLAY AND REHABILITATION PROJECT
ESPL-5332(014) – AWARD OF CONSTRUCTION CONTRACT.
STAFF RECOMMENDATION:
1. Move to declare O’ Grady Paving, Inc. of Mountain View to be the lowest
responsible bidder on the project.
2. Move to award a construction contract to O’ Grady Paving, Inc. in the amount of
$701,767.50
3. Move to authorize staff to execute change orders to the contract up to $50,000.
KING/NAGPAL MOVED TO 1) DECLARE O’GRADY PAVING, INC. OF
MOUNTAIN VIEW TO BE THE LOWEST RESPONSIBLE BIDDER ON THE
PROJECT; 2) AWARD A CONSTRUCTION CONTRACT TO O’GRADY
PAVING, INC. IN THE AMOUNT OF $701,767.50; 3) AUTHORIZE STAFF
TO EXECUTE CHANGE ORDERS TO THE CONTRACT UP TO $50,000.
MOTION PASSED 5-0-0.
9. ADOPTION OF ORDINANCE AMENDING THE ZONING REGULATIONS
RELATED TO CITY CODE ARTICLE 15-65 (NON-CONFORMING USES
AND STRUCTURES) AND CITY CODE SECTIONS 15-19.060, 15-12.090 AND
15-17.080
STAFF RECOMMENDATION:
Staff recommends the Council waive the Second Reading and adopt the Ordinance
amending the Zoning Regulations related to City Code Article 15-65 (Non-
Conforming Uses and Structures) and City Code Sections 15-19.060, 15-12.090 and
15-17.080.
ORDINANCE NO. 273
6
KING/NAGPAL MOVED TO WAIVE THE SECOND READING AND ADOPT
THE ORDINANCE AMENDING THE ZONING REGULATIONS RELATED
TO CITY CODE ARTICLE 15-65 (NON-CONFORMING USES AND
STRUCTURES) AND CITY CODE SECTIONS 15-19.060, 15-12.090 AND 15-
17.080. MOTION PASSED 5-0-0.
10. MOTOR VEHICLE (MV) RESOLUTION RESTRICTING U-TURNS ON
FRUITVALE AVENUE
STAFF RECOMMENDATION:
Move to adopt MV Resolution restricting U-Turns on Fruitvale Avenue at the median
opening in front of West Valley College.
Councilmember Miller removed this item for clarification.
MV RESOLUTION NO. 283
MILLER/KING MOVED TO ADOPT MV RESOLUTION RESTRICTING
U-TURNS ON FRUITVALE AVENUE AT THE MEDIAN OPENING IN
FRONT OF WEST VALLEY COLLEGE. MOTION PASSED 5-0-0.
11. DEDICATION OF WILDWOOD WAY UTILITY EASEMENTS
STAFF RECOMMENDATION:
Authorize dedication of utility easements on Wildwood Way to San Jose Water
Company and West Valley Sanitation District.
KING/NAGPAL MOVED TO AUTHORIZE DEDICATION OF UTILITY
EASEMENTS ON WILDWOOD WAY TO SAN JOSE WATER COMPANY
AND WEST VALLEY SANITATION DISTRICT. MOTION PASSED 5-0-0.
PUBLIC HEARINGS
12. ZONING ORDINANCE AMENDMENT TO CREATE REGULATIONS FOR
TOBACCO RETAILERS
STAFF RECOMMENDATION:
Conduct a public hearing regarding the attached ordinance establishing a use permit
requirement for tobacco retailers, 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.
City Attorney Richard Taylor provided the staff report.
Attorney Taylor noted the Planning Commission recommended two changes to the
tobacco use permit requirements that was submitted by the Council: 1) any tobacco
retailer that is under 4,000 square feet should go through the Administrative Use
Permit process; and 2) if specific location density findings for those uses and others
cannot be made, such as being within 1,000 feet of a public park, allow the applicant
to go before the Planning Commission.
7
Mayor Page opened the public hearing.
The following people requested to speak:
Victoria Bourdon, speaking on behalf of youth and the Santa Clara County Tobacco
Free Coalition, stated she was supportive of the tobacco ordinance.
Lorna Sumaraga spoke in support of the proposed tobacco ordinance.
No one else requested to speak on this item.
Mayor Page closed the Public Hearing.
Council discussed the associated costs to the Community Development Department
relative to this ordinance and recommended using the Council Discretionary Fund
and not to exceed $2,000.
MILLER/KING MOVED TO AUTHORIZE STAFF TO ALLOCATE FUNDING
FROM COUNCIL DISCRETIONARY FUND NOT TO EXCEED $2,000 TO
COVER ASSOCIATED COSTS FOR EXISTING TOBACCO
ESTABLISHMENTS TO OBTAIN AN ADMINISTRATIVE CONDITIONAL
USE PERMIT AND TO REVISIT THESE DEPARTMENTAL COSTS AT
THE COMMUNITY DEVELOPMENT AND RECREATION DEPARTMENT
COST RECOVERY STUDY SESSION. MOTION PASSED 5-0-0.
NAGPAL/ MOVED TO PLACE THE ZONING ORDINANCE AMENDMENT
TO CREATE REGULATIONS FOR TOBACCO RETAILERS ON THE
OCTOBER 7, 2009 CONSENT CALENDAR FOR ADOPTION. MOTION
PASSED 5-0-0.
Mayor Page declared a five minute break at 8:25 p.m.
Mayor Page reconvened the regular meeting at 8:30 p.m.
OLD BUSINESS
13. RECORDS MANAGEMENT PROGRAM: AUTHORIZATION TO PROCEED
WITH DESTRUCTION OF CERTAIN CITY RECORDS
STAFF RECOMMENDATION:
Direct staff to proceed with the destruction of records listed in Exhibit A to
Resolution 09-043 that was adopted by Council on July 15, 2009.
City Clerk Ann Sullivan presented the staff report.
Mayor Page invited public comment.
8
Kathleen Casey requested to speak on this item and spoke in opposition to the
destruction of the records slated for destruction on Exhibit A to Resolution No. 09-
043.
No one else requested to speak on this item.
Mayor Page closed the public comment.
MILLER/KING MOVED TO IMPLEMENT A POLICY AUTHORIZING
STAFF TO DESTROY RECORDS THIRTY (30) DAYS AFTER COUNCIL
HAS AUTHORIZED THE RECORD DESTRUCTION BASED ON THE
ADOPTED RECORDS RETENTION POLICY AND TO PROCEED WITH
THE DESTRUCTION OF RECORDS LISTED IN EXHIBIT A TO
RESOLUTION 09-043 THAT WAS ADOPTED BY COUNCIL ON JUY 15,
2009, THIRTY (30) DAYS AFTER TONIGHT’S MEETING. MOTION
PASSED 5-0-0.
14. REVISIONS TO RECORDS RETENTION POLICY
STAFF RECOMMENDATION:
Adopt Resolution amending City’s Records Retention Schedule.
Records Management Intern Curtis Boone presented the staff report.
Mayor Page invited public comment.
Stan Bogosian spoke in support of scanning all documents and opposes a records
retention/destruction program.
Kathleen Casey spoke in support of scanning all documents and opposes a records
retention/destruction program.
No one else requested to speak on this item.
Mayor Page closed the public comment.
RESOLUTION NO. 09-051
MILLER/PAGE MOVED TO ADOPT RESOLUTION AMENDING CITY’S
RECORDS RETENTION SCHEDULE AS NOTED IN EXHIBIT A; AND TO
TREAT “AUDIO RECORDINGS” AS A WORKING FILE TO CREATE
OFFICIAL MINUTES AND TO BE DISCARDED AFTER THE OFFICIAL
MINUTES HAVE BEEN APPROVED BY COUNCIL. MOTION PASSED 4-1-0
WITH KING OPPOSING.
In the interest of accommodating members of the public Mayor Page moved to Item
17 at 9:50 P.M.
15. 2009 FALL ISSUE OF THE SARATOGAN
9
STAFF RECOMMENDATION:
Accept report and direct staff accordingly.
Administrative Analyst Crystal Morrow presented the staff report.
Mayor Page invited public comment.
No one requested to speak on this item.
Council provided recommendations for a theme and topics for the fall issue of
The Saratogan.
NEW BUSINESS
16. ADVERTISING POLICY AND AD GUIDELINES WITH CONTRACT
STAFF RECOMMENDATION:
Approve Advertising Policy and Advertising Guidelines with Contract.
Senior Recreation Supervisor Kim Saxton-Heinrich presented the staff report.
Mayor Page invited public comment.
No one requested to speak on this item
MILLER/NAGPAL MOVED TO APPROVE THE ADVERTISING POLICY
AND ADVERTISING GUILDELINES WITH CONTRACT. MOTION PASSED
5-0-0.
17. PREPARATION OF AN ORDINANCE ESTABLISHING THE CITY’S
ABILITY TO ISSUE ADMINISTRATIVE CITATIONS FOR VIOLATIONS
OF THE SARATOGA CITY CODE.
STAFF RECOMMENDATION:
Direct staff to prepare an ordinance comparable to the sample attached to this staff
report that would establish the City’s ability to issue administrative citations for
violations of the Saratoga City Code.
Community Development Director John Livingstone presented the staff report.
Mayor Page invited public comment.
Adam Montgomery, representative of Silicon Valley Association of Realtors, spoke
in opposition of assessed administrative fines prior to a hearing before the City’s
hearing officer.
No one else requested to speak on this item.
Mayor Page closed the public comment.
10
NAGPAL/KING MOVED THAT STAFF PREPARE AN ORDINANCE
COMPARABLE TO THE SAMPLE PROVIDED IN THE STAFF REPORT
THAT WOULD ESTABLISH THE CITY’S ABILITY TO ISSUE
ADMINISTRATIVE CITATIONS FOR VIOLATIONS OF THE SARATOGA
CODE. MOTION PASSED 4-1-0 WITH MILLER OPPOSING.
18. VILLAGE FACADE IMPROVEMENT PROGRAM AMENDMENTS
STAFF RECOMMENDATION:
Accept report and approve the proposed Village Facade Improvement Program
amendments.
Administrative Analyst Crystal Morrow presented the staff report.
Mayor Page invited public comment.
No one requested to speak on this item.
Mayor Page closed the public comment.
Council concurred to remove the wording pertaining to the ‘City building codes’ from
the first criteria item listed under the category of “Program Criteria” and the ‘first
priority item listed under “Funds are available on a first-come-first serve basis” in the
“How to Apply” section; and that the Village Adhoc Committee create a “Mission
Statement”.
MILLER/KING MOVED TO APPROVE THE PROPOSED VILLAGE FACADE
IMPROVEMENT PROGRAM AMENDMENTS WITH THE TWO
ADDITIONAL ITEMS REMOVED FROM THE “PROGRAM CRITERIA”
AND “HOW TO APPLY” SECTIONS; AND A “MISSION STATEMENT” TO
BE CREATED BY THE VILLAGE ADHOC COMMITTEE. MOTION
PASSED 5-0-0.
19. LANDSCAPE MAINTENANCE AND BEAUTIFICATION OF AREAS NOT
SERVED BY THE CITY’S LANDSCAPING & LIGHTING ASSESSMENT
DISTRICT - LLA-1
STAFF RECOMMENDATION:
Accept Report and provide direction to staff.
Public Works Director John Cherbone presented the staff report.
Mayor Page invited public comment.
No one requested to speak on this item.
Mayor Page closed the public comment.
11
Councilmembers volunteered to work with residents of neighborhoods not served by
the City’s Landscape and Lighting Assessment District (LLAD) and encourage those
neighborhoods to participate in the LLAD program.
20. ACTION MINUTES FORMAT
STAFF RECOMMENDATION:
Adopt Resolution establishing “Action Minutes” format for compiling legislative
minutes for Saratoga City Council and Planning Commission meetings, and
establishing the video recordings of such meetings part of the official record.
Mayor page invited public comment.
No one requested to speak on this item.
Mayor Page closed the public comment.
RESOLUTION NO. 09-052
MILLER/HUNTER MOVED TO ADOPT RESOLUTION ESTABLISHING
“ACTION MINUTES” FORMAT FOR COMPILING LEGISLATIVE
MINUTES FOR SARATOGA CITY COUNCIL AND PLANNING
COMMISSION MEETINGS AND ESTABLISHING THE VIDEO
RECORDINGS OF SUCH MEETINGS PART OF THE OFFICIAL RECORD;
AND “DETAIL SUMMARY” FORMAT FOR STUDY SESSIONS. MOTION
PASSED 5-0-0.
ADHOC & AGENCY ASSIGNMENT REPORTS
Mayor Chuck Page – reported:
Valley Transportation Authority PAC – met recently and they discussed reductions in bus
line service and that service would be discontinued on lines that have the least amount of
ridership; however, they will continue to accommodate specific needs of West Valley
College students.
Vice Mayor Kathleen King – reported:
SSC Cities Association Executive Board – she attended the last meeting and discussion
took place regarding retirement benefits and whether or not there would be enough
funding to meet this obligation, and if a reduction in employees would have to be
considered; they also discussed a two-tier benefit approach and a motion was made that
cities look into this concern and evaluate it going forward. In addition, they discussed a
position-at-large opening for next year.
Councilmember Jill Hunter – reported:
Historical Foundation – a friend recently joined the Historical Foundation and enjoys
reading the Newsletter. She noted fund raising activities have been profitable and the
Foundation is planning to hire an executive director. She stated they are moving forward
with park landscaping.
Santa Clara County Valley Water District Commission – noted we need to be aware of
how much water we are using.
12
Councilmember Howard Miller – had nothing to report.
Councilmember Susie Nagpal – reported:
County HCD Policy Committee - she attended the housing meeting and they received
approval of American Recovery Act money related to affordable housing.
CITY COUNCIL ITEMS
Vice Mayor King asked to agendize a presentation by Circle Farms (an organic farm).
Mayor Page seconded this request.
Councilmember Hunter would like the Saratoga community to pledge to be a more
“green” community by planting 2,000 trees by 2015 (including the new trees that have
already been planted) and asked to agendize this.
Councilmember Nagpal seconded this request.
Councilmember Miller asked to agendize Council priorities and work plans – including
all the extra ordinance requests, in order to determine where we stand with costs
associated to these requests and the city attorney’s budget.
Councilmember Nagpal seconded this request.
CITY MANAGER’S REPORT
Dave Anderson noted that Rebecca Elliott has asked to schedule a special meeting
regarding the retirement benefits issue for the second or third Thursday in October.
ADJOURNMENT
There being no further business, Mayor Page asked for a motion to adjourn.
MILLER/KING MOVED TO ADJOURN THE REGULAR MEETING AT 11:50PM.
MOTION PASSED 5-0-0.
Respectfully submitted:
Ann Sullivan, CMC
City Clerk