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MINUTES SARATOGA REGULAR CITY COUNCIL MEETING
JUNE 15, 2011
The City Council met in Closed Session in the Administrative Conference Room at 5:00PM.
ANNOUNCEMENT OF CLOSED SESSION
Conference with City-Designated Labor Negotiators Pursuant to Government Code Section
54957.6.
The City Council held a Joint Meeting in the Administrative Conference Room at 6:00
p.m. with members of the Saratoga Library Commission and Friends of the Library.
Mayor Miller called the Regular City Council meeting to order at 7:00 p.m. and asked members of Boy Scout Troop 581 to lead the Pledge of Allegiance.
ROLL CALL
PRESENT: Councilmembers Manny Cappello, Emily Lo, Jill Hunter,
Vice Mayor Chuck Page, and Mayor Howard Miller
ABSENT: None
ALSO Dave Anderson, City Manager
PRESENT: Richard Taylor, City Attorney
Ann Sullivan, City Clerk
Mary Furey, Administrative Services Director
John Cherbone, Public Works Director Cynthia McCormick, Planner
Crystal Morrow, Administrative Analyst II
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 June 15, 2011, was properly posted on June 9, 2011.
REPORT FROM CLOSED SESSION
Mayor Miller announced there was no reportable information from Closes Session.
COMMUNICATIONS FROM COMMISSIONS & PUBLIC
Sam McBain-Mulford, Chair of the Saratoga Library Commission, noted the Saratoga Library Commission represents residents from the City of Saratoga and the City of Monte
Sereno. Ms. McBain-Mulford provided a brief report of the 6:00 p.m. joint meeting with
the City Council.
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Terri Kramer, President of the Friends of the Library, also provided a brief report regarding the joint meeting with the City Council and members of the Library
Commission.
COUNCIL DIRECTION TO STAFF
Council thanked the Library Commission and the members of the Friends of the Library
for all they do for their communities.
ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS Marty Goldberg addressed the Council regarding a house remodel project next to his
property.
COUNCIL DIRECTION TO STAFF
None
ANNOUNCEMENTS
Councilmember Lo announced that Wednesday, June 29th, would be the first “Market Place” farmer’s market event in downtown Saratoga. She added this event will occur
every Wednesday from 2:30 to 6:30 p.m.
Councilmember Hunter noted the Senior Center is holding a garage sale/flea market on
August 20, 2011. In addition, the Bolleywood event will also be held in the Village on the evening of August 20th.
CEREMONIAL ITEMS
1. APPOINTMENT OF LIBRARY COMMISSIONER AND ADMINISTER
OATH OF OFFICE
RECOMMENDED ACTION:
Adopt the attached resolution appointing one (1) member to the Library Commission and direct the City Clerk to administer the Oath of Office. RESOLUTION NO. 11 – 039
PAGE/HUNTER MOVED TO ADOPT RESOLUTION APPOINTING ONE MEMBER TO THE LIBRARY COMMISSION AND DIRECT THE CITY CLERK TO ADMINISTER THE OATH OF OFFICE. MOTION PASSED 4-0-1
WITH COUNCILMEMBER CAPPELLO ABSENT.
City Clerk Ann Sullivan administered the Oath of Office to newly appointed Library Commissioner Linda Baxter.
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SPECIAL PRESENTATIONS
2. INTRODUCTION OF SANTA CLARA COUNTY FIRE CHIEF KEN
KEHMNA
RECOMMENDED ACTION: Introduce the new Fire Chief Ken Kehmna to the community.
Mayor Miller introduced newly appointed Santa Clara County Fire Chief Ken
Kehmna to the audience participants and the Saratoga community.
CONSENT CALENDAR
3. CITY COUNCIL REGULAR MEETING MINUTES – JUNE 1, 2011 RECOMMENDED ACTION:
Approve minutes.
PAGE/HUNTER MOVED TO APPROVE CITY COUNCIL REGULAR
MEETING MINUTES – JUNE 1, 2011. MOTION PASSED 4-0-1 WITH
COUNCILMEMBER CAPPELLO ABSENT.
4. REVIEW OF ACCOUNTS PAYABLE CHECK REGISTERS RECOMMENDED ACTION: That the City Council review and accept the Check Registers for the following
Accounts Payable payment cycles:
May 26, 2011 June 2, 2011
PAGE/HUNTER MOVED TO ACCEPT THE CHECK REGISTERS FOR THE
FOLLOWING ACCOUNTS PAYABLE PAYMENT CYCLES: MAY 26, 2011
AND JUNE 2, 2011. MOTION PASSED 4-0-1 WITH COUNCILMEMBER CAPPELLO ABSENT.
5. RESOLUTION AMENDING COUNCIL AGENCY AND ADHOC
COMMITTEE LIAISON ASSIGNMENTS
RECOMMENDED ACTION: Adopt resolution amending Resolution 10-071 appointing Council representatives to
Committees, Agencies and Ad hoc Committees.
RESOLUTION NO. 11 – 040 PAGE/HUNTER MOVED TO ADOPT RESOLUTION AMENDING
RESOLUTION 10-071 APPOINTING COUNCIL REPRESENTATIVES TO COMMITTEES, AGENCIES AND AD HOC COMMITTEES. MOTION PASSED 4-0-1 WITH COUNCILMEMBER CAPPELLO ABSENT.
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6. MOTOR VEHICLE (MV) RESOLUTION RESTRICTING PARKING ON
PORTOS DRIVE
RECOMMENDED ACTION: Move to adopt MV Resolution restricting parking on a portion of Portos Drive.
MV RESOLUTION NO. 298
PAGE/HUNTER MOVED TO ADOPT MV RESOLUTION RESTRICTING PARKING ON A PORTION OF PORTOS DRIVE. MOTION PASSED 4-0-1
WITH COUNCILMEMBER CAPPELLO ABSENT.
7. Award of Contract for Street Sweeping Services
RECOMMENDED ACTION: 1. Move to award a two year Street Sweeping Contract to Contract Sweeping Services
in the amount of $91,000 per year with an additional $9,000 allocation per year for
unscheduled sweeping.
2. Move to authorize the City Manager to execute a Street Sweeping Contract with
Contract Sweeping Services.
Councilmember Hunter removed this item for comment and clarification.
HUNTER/PAGE MOVED TO 1. AWARD A TWO YEAR STREET SWEEPING CONTRACT TO CONTRACT SWEEPING SERVICES IN THE AMOUNT OF $91,000 PER YEAR WITH AN ADDITIONAL $9,000 ALLOCATION PER YEAR FOR UNSCHEDULED SWEEPING; AND 2. AUTHORIZE THE CITY
MANAGER TO EXECUTE A STREET SWEEPING CONTRACT WITH CONTRACT SWEEPING SERVICES. MOTION PASSED 4-0-1 WITH COUNCILMEMBER CAPPELLO ABSENT.
8. RECORDS MANAGEMENT PROGRAM: RESOLUTION AUTHORIZING
FINAL DISPOSITION OF CERTAIN CITY RECORDS
RECOMMENDED ACTION: Adopt Resolution Authorizing Final Disposition of Certain City Records.
RESOLUTION NO. 11 – 041
PAGE/HUNTER MOVED TO ADOPT RESOLUTION AUTHORIZING FINAL
DISPOSITION OF CERTAIN CITY RECORDS. MOTION PASSED 4-0-1
WITH COUNCILMEMBER CAPPELLO ABSENT.
9. APPOINTMENT OF CITY REPRESENTATIVE TO THE ASSOCIATION OF
BAY AREA GOVERNMENTS SHARED AGENCY RISK POOL BOARD RECOMMENDED ACTION:
Adopt resolution designating City of Saratoga representatives to the Association of
Bay Area Government’s Shared Agency Risk Pool Board of Directors.
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RESOLUTION NO. 11 – 042
PAGE/HUNTER MOVED TO ADOPT RESOLUTION DESIGNATING CITY
OF SARATOGA REPRESENTATIVES TO THE ASSOCIATION OF BAY
AREA GOVERNMENT’S SHARED AGENCY RISK POOL BOARD OF DIRECTORS. MOTION PASSED 4-0-1 WITH COUNCILMEMBER CAPPELLO ABSENT.
10. ORDINANCE APPLYING THE AGRICULTURAL PRESERVE/OPEN
SPACE OVERLAY (AP/OS) ZONING TO TWO MERGED ADJOINING
PARCELS LOCATED AT 22480 AND 22490 MT. EDEN ROAD RECOMMENDED ACTION:
Adopt the attached ordinance applying the Agricultural Preserve/Open Space Overlay
(AP/OS) zoning to two merged adjoining parcels located at 22480 and 22490 Mt. Eden Road.
ORDINANCE NO. 285
PAGE/HUNTER MOVED TO ADOPT ORDINANCE APPLYING THE
AGRICULTURAL PRESERVE/OPEN SPACE OVERLAY (AP/OS) ZONING TO TWO MERGED ADJOINING PARCELS LOCATED AT 22480 AND 22490 MT. EDEN ROAD. MOTION PASSED 4-0-1 WITH COUNCILMEMBER
CAPPELLO ABSENT.
PUBLIC HEARINGS
11. RESOLUTION ORDERING THE ABATEMENT OF A PUBLIC NUISANCE
BY REMOVAL OF HAZARDOUS VEGETATION (BRUSH) RECOMMENDED ACTION: Open public hearing; listen to public testimony; and close public hearing. Adopt
resolution overruling objections and ordering hazardous vegetation abatement
(brush). City Clerk Ann Sullivan presented the staff report.
Julie Linney, Santa Clara County Fire Department, was present to answer Council’s
questions.
Mayor Miller opened the public hearing for comment.
No one requested to speak on this item.
Mayor Miller closed the public hearing for comment.
RESOLUTION NO. 11 – 043
PAGE/HUNTER MOVED TO ADOPT RESOLUTION OVERRULING
OBJECTIONS AND ORDERING HAZARDOUS VEGETATION
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ABATEMENT (BRUSH). MOTION PASSED 4-0-1 WITH COUNCILMEMBER CAPPELLO ABSENT.
12. LANDSCAPING & LIGHTING ASSESSMENT DISTRICT LLA-1 - PUBLIC
HEARING, APPROVAL OF ENGINEER’S REPORT, AND CONFIRMATION
OF ASSESSMENTS FOR FY 11-12 RECOMMENDED ACTION:
Move to adopt the Resolution(s) Ordering the Improvements and Confirming the
Diagram and Assessments for FY 11-12.
Public Works Director John Cherbone presented the staff report.
Mayor Miller opened the public hearing for comment.
No one requested to speak on this item.
Mayor Miller closed the public hearing for comment at 7:50 p.m.
Mayor Miller announced discussion of this item would be continued after hearing the next agendized item so that the City Clerk could tabulate the submitted ballots.
Council moved on to Item 13.
Mayor Miller returned to Item 12 at 8:06 p.m. Mayor Miller asked City Clerk Ann Sullivan to announce the results of the tabulated
ballots.
City Clerk Ann Sullivan announced that the clerk’s office received a total of 48 ballots. Of the 48 ballots received, 42 ballots were a yes vote, 5 ballots were a no vote, and one ballot was incomplete.
RESOLUTION NO. 11 – 044
RESOLUTION NO. 11 – 045
PAGE/HUNTER MOVED TO ADOPT THE RESOLUTION(S) ORDERING
THE IMPROVEMENTS AND CONFIRMING THE DIAGRAM AND
ASSESSMENTS FOR FY 11-12. MOTION PASSED 4-0-1 WITH
COUNCILMEMBER CAPPELLO ABSENT.
13. ZONING ORDINANCE AMENDMENT TO PROHIBIT MEDICAL
MARIJUANA DISPENSARIES
RECOMMENDED ACTION: Conduct a public hearing concerning adoption of the attached Zoning Ordinance
Amendment to prohibit medical marijuana dispensaries. 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.
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Heather Minner, attorney from City Attorney Richard Taylor’s Law Office, presented the staff report.
Captain Carl Neusel, Santa Clara County Sheriff’s Office Westside Substation,
addressed the Council regarding this item and provided answers to questions
presented by members of the Council.
Mayor Miller opened the public hearing for comment.
No one requested to speak on this item.
Mayor Miller closed the public hearing for comment.
PAGE/LO MOVED TO ADOPT ZONING ORDINANCE AMENDMENT TO
PROHIBIT MEDICAL MARIJUANA DISPENSARIES; 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.
MOTION PASSED 4-0-1 WITH COUNCILMEMBER CAPPELLO ABSENT.
At this point Mayor Miller invited college students that were in the audience up on stage for introductions and comments.
Mayor Miller announced Council would return to the continued Agenda Item 12.
Landscaping & Lighting Assessment District LLA-1. OLD BUSINESS
14. Santa CLARA COUNTY COMMISSION REDISTRICTING UPDATE
RECOMMENDED ACTION: That the City Council discuss and provide direction to staff.
City Clerk Ann Sullivan presented the staff report.
Mayor Miller invited public comment.
No one requested to speak on this item.
Mayor Miller closed the public comment. Council concurred to abide by the City’s original position as noted in the May 19,
2011 letter that was sent to the Citizen’s Redistricting Commission stating the City’s
principals – that Saratoga and the hillside area to the West and South to the County
border must be included in the same supervisorial district. COUNCIL DIRECTION:
Council directed staff to prepare a letter from the Mayor to the Santa Clara County
Board of Supervisors reiterating the City’s position that the City continues to oppose any map that splits Saratoga from its hillsides or its sphere of influence.
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15. PREPARATION OF FUNDING PROPOSAL FOR 2008 DISASTER
RECOVERY INITIATIVE PROGRAM ALLOCATION
RECOMMENDED ACTION: Accept report and authorize staff to prepare a funding proposal to the State of
California for a 2008 Disaster Recovery Initiative (DRI) Program allocation.
Administrative Analyst II Crystal Morrow presented the staff report.
Mayor Miller invited public comment.
No one requested to speak on this item.
Mayor Miller closed the public comment.
PAGE/HUNTER MOVED TO AUTHORIZE STAFF TO PREPARE A
FUNDING PROPOSAL TO THE STATE OF CALIFORNIA FOR A 2008
DISASTER RECOVERY INITIATIVE (DRI) PROGRAM ALLOCATION.
MOTION PASSED 4-0-1 WITH COUNCILMEMBER CAPPELLO ABSENT. NEW BUSINESS
16. CHAMBER OF COMMERCE PERMIT AND RENTAL FEE WAIVER
REQUEST RECOMMENDED ACTION:
Approve the Chamber of Commerce request to waive City permit and rental fees for a
July 7, 2011 Barbeque at Wildwood Park and fund the waiver through the community events budget.
Public Works Director John Cherbone presented the staff report.
Mayor Miller invited public comment.
No one requested to speak on this item.
Mayor Miller closed the public comment.
LO/PAGE MOVED TO APPROVE THE CHAMBER OF COMMERCE
REQUEST TO WAIVE CITY PERMIT AND RENTAL FEES FOR A JULY 7, 2011 BARBEQUE AT WILDWOOD PARK AND FUND THE WAIVER
THROUGH THE COMMUNITY EVENTS BUDGET. MOTION FAILED 0-4-1
WITH COUNCILMEMBER CAPPELLO ABSENT.
Councilmember Lo recommended the Chamber of Commerce submit an application
to rent part of Wildwood Park, including the stage area, and pay the rental fee.
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17. RESOLUTION SUPPORTING CONSISTENT FEDERAL AND STATE
REGULATION OF MEDICINAL MARIJUANA
RECOMMENDED ACTION:
Accept report and direct staff accordingly.
Administrative Analyst II Crystal Morrow presented the staff report.
Mayor Miller invited public comment.
No one requested to speak on this item.
Mayor Miller closed the public comment.
RESOLUTION NO. 11 – 046
PAGE/LO MOVED TO ACCEPT REPORT AND ADOPT RESOLUTION
CALLING FOR THE FEDERAL GOVERNMENT AND STATE OF
CALIFORNIA TO CONSISTENTLY REGULATE MEDICINAL
MARIJUANA. MOTION PASSED 4-0-1 WITH COUNCILMEMBER CAPPELLO
ABSENT.
18. CITY COUNCIL MEETING DECORUM
RECOMMENDED ACTION: Discuss and provide direction to staff related to creating a council policy regarding
meeting decorum for City meetings.
City Clerk Ann Sullivan presented the staff report.
Mayor Miller invited public comment.
The following people requested to speak on this item:
Unidentified speaker feels general meeting standards are already in place to promote order.
Unidentified speaker feels audience hand clapping within moderation is fine.
No one else requested to speak on this item.
Mayor Miller closed the public comment.
COUNCIL DIRECTION:
Council expressed varying opinions and concurred there needs to be additional
discussion regarding this item. Council directed staff to bring this item back for
additional discussion and consideration at a future council meeting.
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ADHOC & AGENCY ASSIGNMENT REPORTS
Mayor Howard Miller – reported:
Hakone Foundation Executive Committee – the City has received a payment for ABAG
insurance deductibles from Hakone Foundation. Santa Clara County Cities Association – met and the group noted, as in the past, there will be a count of the homeless people in Saratoga. Their goal is to reduce costs by
finding housing for homeless people.
Valley Transportation Authority PAC – met and noted VTA’s budget is stable. CALTrain
has a one year budget. They have an updated 2012/2013 transit service plan and they plan
on closing service at some stations. They did receive an update on the Bart service to San Jose.
West Valley Mayors and Managers Association – will meet next week and Mayor Miller
asked Vice Mayor Page to attend for him as he is not available on that date.
Vice Mayor Chuck Page – reported:
TEA AdHoc – AB68, Tax Equality Allocation formula, is still in the Assembly
Appropriations Committee. West Valley Sanitation District – Councilmember Cappello attended the last meeting for Vice Mayor Page. He noted the next two meetings have been cancelled.
Councilmember Jill Hunter – reported:
Historical Foundation – the Historic Museum is currently closed due to building
maintenance and they will re-open prior to the Fourth of July holiday. KSAR Community Access TV Board – the Board had a long meeting with Saratoga High
School regarding the possibility of using the high school’s television booth as their
recording booth, however, since that facility is not equipped with video capabilities,
KSAR will continue to use West Valley College as their recording studio. SASCC – she attended the last meeting and noted they continue to experience financial concerns.
Councilmember Emily Lo – reported:
Library Joint Powers Association – the Library Authority has approved to grant library cards to non-resident students who attend schools within the Santa Clara County Library
boundaries. Non-residents not attending schools within the County library boundaries
will be required to pay the $80 fee for library cards.
Chamber of Commerce: noted she attended the last Chamber meeting for Councilmember
Cappello. She added the farmers market, Market Place, event is scheduled for June 29, 2011, from 2:30 to 6:30 p.m. on Big Basin in the Village.
Councilmember Manny Cappello – absent.
CITY COUNCIL ITEMS None
CITY MANAGER’S REPORT
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City Manager Dave Anderson noted the State’s budget was passed today and it included the abolishment of the redevelopment agencies – with the two-phase approach of
abolishing them, and if the redevelopment agencies voluntarily gave a specific amount of
money to the State they could remain in existence.
ADJOURNMENT
There being no additional business Mayor Miller asked for a motion to adjourn the
Regular Meeting.
PAGE/ LO MOVED TO ADJOURN THE REGULAR MEETING AT 9:40 P.M. MOTION PASSED 4-0-1 WITH COUNCILMEMBER CAPPELLO ABSENT.
Respectfully submitted,
Ann Sullivan, CMC City Clerk