HomeMy WebLinkAbout04-03-2013 City Council minutes MINUTES
WEDNESDAY, APRIL 3, 2013
SARATOGA SPECIAL CITY COUNCIL MEETING
The City Council conducted interviews for the Heritage Preservation Commission at 5:00
p.m. in the Administrative Conference Room at City Hall at 13777 Fruitvale Avenue. At
5:15 p.m., the Council adjourned to Closed Session. At 6:00 p.m., the City Council held a
joint meeting with the Santa Clara County Sheriff's Office.
SARATOGA REGULAR CITY COUNCIL MEETING
Mayor Hunter called the meeting to order at 7:04 p.m. and led the Pledge of Allegiance.
ROLL CALL
PRESENT Council Members Chuck Page, Manny Cappello, Howard Miller,
Vice Mayor Emily Lo, Mayor Jill Hunter
ABSENT: None
ALSO PRESENT: Dave Anderson, City Manager
Richard Taylor, City Attorney
Crystal Bothelio, City Clerk
John Cherbone, Public Works Director
Mary Furey, Finance and Administrative Services Director
James Lindsay, Community Development Director
Michael Taylor, Recreation and Facilities Director
Christopher Riordan, Senior Planner
Michael Fossati, Planner
REPORT OF CITY CLERK ON POSTING OF AGENDA
City Clerk Crystal Bothelio reported that pursuant to Gov't. Code 54954.2, the agenda for
this meeting was properly posted on March 28, 2013.
REPORT FROM CLOSED SESSION
Mayor Hunter stated that there was nothing to report from Closed Session.
COMMUNICATIONS FROM COMMISSIONS & PUBLIC
Oral Communications on Non-Agendized Items
Lon Saavedra, Executive Director of the Hakone Foundation, addressed the Council and
thanked the City for planning to repair a collapsed retaining wall blocking a portion of
the Hakone Gardens driveway.
Vicky Teng addressed the Council about the use of infrared and ultraviolet lasers in
residential areas and audible dog and pest repellents.
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Oral Communications - Council Direction to Staff
City Manager Dave Anderson indicated that he would ask the Sheriffs Office to contact
Vicky Teng.
Communications from Boards and Commissions
Captain Kenneth Binder with the Santa Clara County Sheriffs Office provided a
summary of the City Council's joint meeting with the Sheriffs Office and introduced
Lieutenant Neil Valenzuela.
Council Direction to Staff
None
ANNOUNCEMENTS
The City Council recognized Mayor Hunter for being selected as Woman of the Year.
CEREMONIAL ITEMS
1. Commendation for Outgoing Planning Commissioner David Reis
Recommended action:
Read and present commendation for Planning Commissioner David Reis.
Mayor Hunter read and presented the commendation to David Reis.
2. Appointment of Planning Commissioners
Recommended action:
1. Adopt the resolution appointing two members to the Planning Commission; and
2. Direct the City Clerk to administer the Oaths of Office.
RESOLUTION NO. 13-013
MILLER/PAGE MOVED TO 1. ADOPT THE RESOLUTION APPOINTING
TWO MEMBERS TO THE PLANNING COMMISSION; AND 2. DIRECT
THE CITY CLERK TO ADMINISTER THE OATHS OF OFFICE. MOTION
PASSED. AYES: PAGE, CAPPELLO, MILLER, LO, HUNTER. NOES: NONE.
ABSENT: NONE. ABSTAIN: NONE.
City Clerk Crystal Bothelio administered the Oath of Office to Tina Walia and
Dorothea Smullen.
SPECIAL PRESENTATIONS
None
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CONSENT CALENDAR
3. City Council Meeting Minutes
Recommended action:
Approve minutes for the Special and Regular City Council Meeting on March 20,
2013.
PAGE/CAPPELLO MOVED TO APPROVE MINUTES FOR THE SPECIAL
AND REGULAR CITY COUNCIL MEETING ON MARCH 20, 2013. MOTION
PASSED. AYES: PAGE, CAPPELLO, MILLER, LO, HUNTER. NOES: NONE.
ABSENT: NONE. ABSTAIN: NONE.
4. Review of Accounts Payable Check Registers
Recommended action:
Review and accept check registers for the following accounts payable payment
cycles:
3/19/2013
3/26/2013
PAGE/CAPPELLO MOVED TO ACCEPT CHECK REGISTERS FOR THE
FOLLOWING ACCOUNTS PAYABLE PAYMENT CYCLES 3/19/2013 AND
3/26/2013. MOTION PASSED. AYES: PAGE, CAPPELLO, MILLER, LO,
HUNTER.NOES: NONE. ABSENT: NONE. ABSTAIN: NONE.
5. Treasurer's Report for the Month Ended February 28, 2013
Recommended action:
Review and accept the Treasurer's Report for the month ended February 28, 2013.
PAGE/CAPPELLO MOVED TO ACCEPT THE TREASURER'S REPORT FOR
THE MONTH ENDED FEBRUARY 28, 2013. MOTION PASSED. AYES:
PAGE, CAPPELLO, MILLER, LO, HUNTER. NOES: NONE. ABSENT: NONE.
ABSTAIN: NONE.
6. ABAG POWER Pipeline Capacity Regulations
Recommended action:
Authorize the Mayor to sign and send the attached letter to the CPUC stating the City
of Saratoga's objections to force ABAG POWER to take and pay for pipeline
capacity acquired by PG&E.
Council Member Page removed this item from the Consent Calendar to request
additional information.
Finance & Administrative Services Director Mary Furey addressed Council
questions.
The Council invited Tamon Norimoto from Pacific Gas and Electric (PG&E) to
speak.
Mayor Hunter invited public comment on the item.
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The following person spoke:
Trish Cypher
No one else requested to speak.
PAGE/CAPPELLO MOVED TO DENY THE STAFF RECOMMENDATION TO
AUTHORIZE THE MAYOR TO SIGN AND SEND A LETTER TO THE
CPUC STATING THE CITY OF SARATOGA'S OBJECTIONS TO FORCE
ABAG POWER TO TAKE AND PAY FOR PIPELINE CAPACITY
ACQUIRED BY PG&E. MOTION PASSED. AYES: PAGE, CAPPELLO,
MILLER, LO, HUNTER. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE.
7. Resolution Amending Council Agency and Ad Hoc Assignments
Recommended action:
Approve resolution amending Resolution 12-067 appointing Council representatives
to agencies and ad hoc committees for the year 2013.
Council Member Page removed this item from the Consent Calendar to seek
additional information about the amendment to the Council Agency and Ad Hoc
Assignments.
Mayor Hunter invited public comment on the item.
No one requested to speak.
RESOLUTION NO. 13-014
PAGE/MILLER MOVED TO APPROVE RESOLUTION AMENDING
RESOLUTION 12-067 APPOINTING COUNCIL REPRESENTATIVES TO
AGENCIES AND AD HOC COMMITTEES FOR THE YEAR 2013. MOTION
PASSED. AYES: PAGE, CAPPELLO, MILLER, LO, HUNTER. NOES: NONE.
ABSENT: NONE. ABSTAIN: NONE.
8. Quarry Property Master Plan Project Consultant Selection
Recommended action:
1. Select the Planning Center/DC&E as the consultant for Quarry Property Master
Plan Development Project.
2. Authorize City Manager to enter into a Professional Service Agreement with The
Planning Center/DC&E in the amount of$249,631.
Council Member Miller removed this item from the Consent Calendar to request that
staff provide an overview of the master plan project.
Public Works Director John Cherbone gave the Council a report on the item.
Mayor Hunter invited public comment on the item.
The following person spoke:
Trish Cypher
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No one else requested to speak.
MILLER/PAGE MOVED TO 1. SELECT THE PLANNING CENTER/DC&E AS
THE CONSULTANT FOR QUARRY PROPERTY MASTER PLAN
DEVELOPMENT PROJECT; AND 2. AUTHORIZE CITY MANAGER TO
ENTER INTO A PROFESSIONAL SERVICE AGREEMENT WITH THE
PLANNING CENTER/DC&E IN THE AMOUNT OF $249,631. MOTION
PASSED. AYES: PAGE, CAPPELLO, MILLER, LO, HUNTER. NOES: NONE.
ABSENT: NONE. ABSTAIN: NONE.
PUBLIC HEARINGS
9. Zoning Ordinance Amendment (1)Allowing Businesses to Sell Beer and Wine as a
Permitted Use Under Certain Conditions; (2) Creating a New Definition for Alcoholic
Beverage; and(3) Modifying the Definition of Retail Establishment and Market
Recommended action:
Conduct a public hearing, 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
regular meeting of the City Council.
Michael Fossati, Planner in the Community Development Department, presented the
staff report.
Planning Commissioner Tina Walia provided additional information about the
Commission's recommendation.
Community Development Director James Lindsay addressed questions from the City
Council.
Mayor Hunter invited public comment on the item.
No one requested to speak.
PAGE/CAPPELLO MOVED TO CONTINUE THE PUBLIC HEARING TO
APRIL 17, 2013 AND DIRECTED STAFF TO RETURN WITH AN
AMENDED ORDINANCE THAT ALLOWS RETAIL SALE OF BEER AND
WINE AS A PERMITTED USE WHEN NO MORE THAN 40% OF THE
FLOOR AREA DEDICATED TO FOOD OR BEVERAGE SALES IS USED
FOR BEER AND WINE SALES AND NO MORE THAN 2,000 SQUARE FEET
OR 25% OF THE TOTAL FLOOR IS DEDICATED TO FOOD AND
BEVERAGE SALES FOR OFF-SITE HUMAN CONSUMPTION. MOTION
PASSED. AYES: PAGE, CAPPELLO, MILLER, LO. NOES: HUNTER. ABSENT:
NONE. ABSTAIN: NONE.
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10. Annexation of Approximately 223 Acres of Certain Unincorporated Islands; an
Amendment to the General Plan Land Use Map Changing the Land Use Designation
of the Quarry Property to Open Space-Outdoor Recreation; and Adoption of an
Ordinance Applying the AP/OS Overlay Zoning to the Property Located at 22101
Mount Eden Road
Recommended action:
1.Adopt the attached resolution amending Resolution No. 12-050 to add two
additional unincorporated islands within the City's Urban Service Area which include
the 68-acre Congress Springs Quarry Property and a 0.28 acre parcel located in the
vicinity of 22100 Mount Eden Road to the list of properties to be annexed;
2.Adopt the attached resolution approving annexation of properties located within the
City's Urban Service Area which include an Amendment to the General Plan Land
Use Map to modify the Land Use Designation of the Congress Springs Quarry
Property from Hillside Open Space to Open Space-Outdoor Recreation; and
3. Introduce and waive the first reading of the ordinance applying AP/OS Overlay
Zoning and direct staff to place the ordinance on the consent calendar for adoption at
the next regular meeting of the City Council.
Senior Planner Christopher Riordan presented the staff report.
Mayor Hunter invited public comment on the item.
No one requested to speak.
RESOLUTIONS NO. 13-015 AND 13-016
MILLER/PAGE MOVED TO 1.ADOPT THE ATTACHED RESOLUTION
AMENDING RESOLUTION NO. 12-050 TO ADD TWO ADDITIONAL
UNINCORPORATED ISLANDS WITHIN THE CITY'S URBAN SERVICE
AREA WHICH INCLUDE THE 68-ACRE CONGRESS SPRINGS QUARRY
PROPERTY AND A 0.28 ACRE PARCEL LOCATED IN THE VICINITY OF
22100 MOUNT EDEN ROAD TO THE LIST OF PROPERTIES TO BE
ANNEXED; 2.ADOPT THE ATTACHED RESOLUTION APPROVING
ANNEXATION OF PROPERTIES LOCATED WITHIN THE CITY'S URBAN
SERVICE AREA WHICH INCLUDE AN AMENDMENT TO THE GENERAL
PLAN LAND USE MAP TO MODIFY THE LAND USE DESIGNATION OF
THE CONGRESS SPRINGS QUARRY PROPERTY FROM HILLSIDE OPEN
SPACE TO OPEN SPACE-OUTDOOR RECREATION; AND 3. INTRODUCE
AND WAIVE THE FIRST READING OF THE ORDINANCE APPLYING
AP/OS OVERLAY ZONING AND DIRECT STAFF TO PLACE THE
ORDINANCE ON THE CONSENT CALENDAR FOR ADOPTION AT THE
NEXT REGULAR MEETING OF THE CITY COUNCIL. MOTION PASSED.
AYES: PAGE, CAPPELLO, MILLER, LO, HUNTER. NOES: NONE. ABSENT:
NONE. ABSTAIN: NONE.
OLD BUSINESS
None
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NEW BUSINESS
11. Amendments to League of California Cities Bylaws
Recommended action:
Determine position on proposed amendments to League of California Cities bylaws
and authorize the Mayor to cast the vote for the City and sign the ballot on the bylaw
amendments.
City Clerk Crystal Bothelio presented the staff report.
Mayor Hunter invited public comment on the item.
PAGE/CAPPELLO MOVED TO SUPPORT FOR THE AMENDMENTS TO
THE LEAGUE OF CALIFORNIA CITIES BYLAWS AND AUTHORIZE THE
MAYOR TO SIGN THE BALLOT REFLECTING THE CITY'S POSITION
ON THE PROPOSED BYLAW CHANGES. MOTION PASSED. AYES: PAGE,
CAPPELLO, MILLER, LO, HUNTER. NOES: NONE. ABSENT: NONE.
ABSTAIN: NONE.
ADHOC & AGENCY ASSIGNMENT REPORTS
Mayor Jill Hunter
Mayor Hunter thanked the Council for recognizing her for being selected as Woman of
the Year.
Vice Mayor Emily Lo
Santa Clara Valley Water District Commission—the members of the Commission were
recently surveyed. It is the first time that the Commission has been surveyed in this
manner. The survey may result in restructuring some of the advisory committees. The
next meeting is April 10, 2013 and Council Member Lo will be unable to attend.
Council Member Howard Miller
Council Member Miller stated he had nothing to report.
Council Member Manny Cappello
Council Member Miller shared that he attended the Association of Bay Area
Governments (ABAG) meeting to hear the City's Regional Housing Needs Allocation
(RHNA) appeal. The City's RHNA appeal was denied.
SASCC—the City's contract with SASCC will be expiring and coming before the Council
for renewal soon. The Board will also be holding a strategic planning session in the next
couple of weeks.
TEA Ad Hoc—a group of representatives from the City, Cupertino, Monte Sereno, and
Los Altos Hills went to Sacramento to voice support for Senate Bill 629 before the State
Senate Governance and Finance Committee, which moved the bill forward in the process.
Council Member Chuck Page
Santa Clara County Cities Association—Council Member Page will be unable to attend
the next meeting.
Santa Clara County Cities Association Selection Committee—during the last meeting, an
appointment was made to the Recycling and Waste Reduction Commission.
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West Valley Sanitation District—a notice was sent to district residents informing them of
a Prop 218 rate increase. Residents opposed to the increase may send an objection
protesting the higher rates.
CITY COUNCIL ITEMS
None
CITY MANAGER'S REPORT
City Manager Dave Anderson provided a brief report on the State Senate Governance and
Finance Committee hearing on Senate Bill 629.
ADJOURNMENT
PAGE/MILLER MOVED TO ADJOURN THE MEETING AT 10:02 P.M. MOTION
PASSED. AYES: PAGE, CAPPELLO, MILLER, LO, HUNTER. NOES: NONE.
ABSENT: NONE. ABSTAIN: NONE.
• utes respectfully submitted:
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Cr t 1 Bothelio, City Clerk
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