HomeMy WebLinkAbout04-17-2013 City Council minutes MINUTES
WEDNESDAY,APRIL 17, 2013
SARATOGA SPECIAL CITY COUNCIL MEETING
The City Council adjourned to Closed Session at 5:30 p.m. in the Administrative
Conference Room at City Hall at 13777 Fruitvale Avenue. At 6:00 p.m., the Council held
a joint meeting with the Montalvo Arts Center.
SARATOGA REGULAR CITY COUNCIL MEETING
Mayor Hunter called the meeting to order at 7:00 p.m. and led the pledge of allegiance.
She then observed a moment of silence to recognize the victims of the Boston Marathon
bombing and the passing of Willys Peck.
ROLL CALL
PRESENT Council Members Chuck Page, Manny Cappello, Vice Mayor
Emily Lo, Mayor Jill Hunter
ABSENT: Council Member Howard Miller
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
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 April 11, 2013.
REPORT FROM CLOSED SESSION
Mayor Hunter stated there was nothing to report from Closed Session.
COMMUNICATIONS FROM COMMISSIONS & PUBLIC
Oral Communications on Non-Agendized Items
Alice Fenton shared information about the Model Business Competition. Additional
information is available online at http://startupcup.com/silicon valley/.
Jacqueline Nguyen spoke about Silicon Valley FACES/Victim Witness Assistance
Program and thanked the Mayor for providing a proclamation recognizing National
Crime Victims' Rights Week.
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Oral Communications-Council Direction to Staff
None
Communications from Boards and Commissions
Montalvo Arts Center Executive Director Angela McConnell provided an overview of
the Joint Meeting between the City Council and Montalvo Arts. She also shared
information about upcoming activities and programs at Montalvo, including summer
concerts, camps for children, and the artist residency program.
Council Direction to Staff
None
ANNOUNCEMENTS
Council Member Lo announced the Saratoga Rotary Art Show on May 5, 2013 from 9:00
a.m. to 5:00 p.m. at West Valley College. The event will feature hundreds of world
renowned artists,wine tasting, food, entertainment and more.
City Manager Dave Anderson noted that parking for the event is free.
Mayor Hunter shared that the City will be celebrating Arbor Day on April 24, 2013 at
3:00 p.m. at Saratoga Library. The event will include planting of an oak, display of
participants in the Arbor Day poster contest, light refreshments, and more. Mayor Hunter
also announced that the Saratoga Pet Parade will be held on April 27, 2013 in Saratoga
Village from 10:00 a.m. to noon.
CEREMONIAL ITEMS
1. Appointment of Heritage Preservation Commissioner
Recommended action:
1. Adopt the resolution appointing Larry Schuck to the Heritage Preservation
Commission; and
2. Direct the City Clerk to administer the Oath of Office.
RESOLUTION NO. 13-017
LO/PAGE MOVED TO ADOPT THE RESOLUTION APPOINTING LARRY
SCHUCK TO THE HERITAGE PRESERVATION COMMISSION AND
DIRECTED THE CITY CLERK TO ADMINISTER THE OATH OF OFFICE.
MOTION PASSED. AYES: PAGE, CAPPELLO, LO, HUNTER. NOES: NONE.
ABSENT: MILLER. ABSTAIN: NONE.
City Clerk Crystal Bothelio administered the Oath of Office to Larry Schuck.
2. Volunteer Appreciation Proclamations
Recommended action:
Present proclamation declaring April 24,2013 as Volunteer Appreciation Day to
representatives of West Valley Community Services and present proclamation
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declaring April 21-27, 2013 as National Volunteer Week to City of Saratoga
volunteers.
Mayor Hunter read and presented the proclamations.
SPECIAL PRESENTATIONS
None
CONSENT CALENDAR
3. City Council Meeting Minutes
Recommended action:
Approve City Council minutes for the following meetings the City Council Study
Session on March 26, 2013 and the Special and Regular City Council Meeting on
April 3, 2013.
CAPPELLO/PAGE MOVED TO APPROVE CITY COUNCIL MINUTES FOR
THE FOLLOWING MEETINGS THE CITY COUNCIL STUDY SESSION ON
MARCH 26,2013 AND THE SPECIAL AND REGULAR CITY COUNCIL
MEETING ON APRIL 3, 2013. MOTION PASSED. AYES: PAGE, CAPPELLO,
LO,HUNTER.NOES: NONE. ABSENT: MILLER. ABSTAIN: NONE.
4. Review of Accounts Payable Check Registers
Recommended action:
Review and accept check registers for the following accounts payable payment
cycles:
4/2/2013
4/9/2013
CAPPELLO/PAGE MOVED TO REVIEW AND ACCEPT CHECK
REGISTERS FOR THE FOLLOWING ACCOUNTS PAYABLE PAYMENT
CYCLES: 4/2/2013 AND 4/9/2013. MOTION PASSED. AYES: PAGE,
CAPPELLO, LO, HUNTER.NOES: NONE. ABSENT: MILLER. ABSTAIN:
NONE.
5. Amendment to Agreement for Countywide Household Hazardous Waste Collection
Program
Recommended action:
Authorize the City Manager to sign the first amendment to the agreement for
Countywide Household Hazardous Waste(HHW) Collection Program with a
$47,049.43 augmentation from City funds for Fiscal Year 2013/14.
CAPPELLO/PAGE MOVED TO AUTHORIZE THE CITY MANAGER TO
SIGN THE FIRST AMENDMENT TO THE AGREEMENT FOR
COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE (HHW)
COLLECTION PROGRAM WITH A$47,049.43 AUGMENTATION FROM
CITY FUNDS FOR FISCAL YEAR 2013/14. MOTION PASSED. AYES: PAGE,
CAPPELLO,LO, HUNTER.NOES: NONE. ABSENT: MILLER. ABSTAIN:
NONE.
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6. Second Amendment to an Agreement with CSG Consultants for Building Inspection
Services and Community Development Department Budget Adjustment
Recommended action:
Authorize the City Manager to execute an amendment to the agreement with CSG
Consultants for building inspection services and approve a budget adjustment
resolution increasing the Community Development Department budget for
consultants by $30,000 for Fiscal Year 2012/13.
Council Member Page removed this item from the Consent Calendar to request
clarification on the reason why contract building inspection services are required.
Community Development Depaitnient Director James Lindsay provided additional
information on the agreement and purpose of the amendment.
RESOLUTION NO. 13-018
PAGE/CAPPELLO MOVED TO AUTHORIZE THE CITY MANAGER TO
EXECUTE AN AMENDMENT TO THE AGREEMENT WITH CSG
CONSULTANTS FOR BUILDING INSPECTION SERVICES AND APPROVE
A BUDGET ADJUSTMENT RESOLUTION INCREASING THE
COMMUNITY DEVELOPMENT DEPARTMENT BUDGET FOR
CONSULTANTS BY$30,000 FOR FISCAL YEAR 2012/13. MOTION PASSED.
AYES: PAGE, CAPPELLO, LO,HUNTER.NOES: NONE. ABSENT: MILLER.
ABSTAIN: NONE.
7. Landscaping and Lighting Assessment District LLA-1; Preliminary Approval of
Engineer's Report and Adoption of Resolution of Intention for FY 13-14
Recommended action:
1. Move to adopt the Resolution granting preliminary approval of the Engineer's
Report for FY 13-14 for renewing the Landscaping and Lighting Assessment District
LLA-1.
2. Move to adopt the Resolution of Intention.
RESOLUTION NO. 13-019 AND 13-020
Council Member Page removed this item from the Consent Calendar to request
additional information about Lighting and Landscaping Assessment Districts.
Public Works Director John Cherbone spoke about Lighting and Landscaping
Assessment Districts in the City of Saratoga.
PAGE/CAPPELLO MOVED TO: 1.ADOPT THE RESOLUTION GRANTING
PRELIMINARY APPROVAL OF THE ENGINEER'S REPORT FOR FY 13-14
FOR RENEWING THE LANDSCAPING AND LIGHTING ASSESSMENT
DISTRICT LLA-1; AND 2.ADOPT THE RESOLUTION OF INTENTION.
MOTION PASSED. AYES: PAGE, CAPPELLO, LO, HUNTER. NOES: NONE.
ABSENT: MILLER. ABSTAIN: NONE.
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8. Landscaping&Lighting Assessment District LLA-1; Resolution Describing
Improvements and Directing Preparation of Engineer's Report for Annexation of a
New Zone(Hill Avenue Tract 10168 -Zone 35)to the City of Saratoga Landscaping
and Lighting Assessment District,LLA-1
Recommended action:
Move to adopt the Resolution describing improvements and directing preparation of
the Engineer's Report.
RESOLUTION NO. 13-021
CAPPELLO/PAGE MOVED TO MOVE TO ADOPT THE RESOLUTION
DESCRIBING IMPROVEMENTS AND DIRECTING PREPARATION OF
THE ENGINEER'S REPORT. MOTION PASSED. AYES: PAGE, CAPPELLO,
LO, HUNTER.NOES: NONE. ABSENT: MILLER. ABSTAIN: NONE.
9. An Ordinance Applying AP/OS Overlay Zoning to the Property Located at 22101
Mount Eden Road
Recommended action:
Waive the second reading and adopt the proposed ordinance.
ORDINANCE NO. 304
CAPPELLO/PAGE MOVED TO WAIVE THE SECOND READING AND
ADOPT THE PROPOSED ORDINANCE. MOTION PASSED. AYES: PAGE,
CAPPELLO, LO, HUNTER.NOES:NONE. ABSENT: MILLER. ABSTAIN:
NONE.
PUBLIC HEARINGS
10. 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 Depth tment,presented the
staff report on the item and noted that an updated copy of the ordinance had been
provided to the Council as a desk item. The updated ordinance included minor
revisions to make the ordinance clearer.
Mayor Hunter invited public comment on the item.
The following person spoke:
Joyce Hlava, Planning Commission Chair
No one else requested to speak.
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PAGE/CAPPELLO MOVED TO INTRODUCE AND WAIVE THE FIRST
READING OF THE ORDINANCE,REVISE SECTION 15-19.020(A)(1) OF
THE ORDINANCE TO CLARIFY THAT RETAIL ESTABLISHMENTS MAY
SELL BEER AND/OR WINE AS A PERMITTED USE IF NO MORE THAN
40% OF THE FLOOR AREA THAT COULD BE DEDICATED TO FOOD
AND/OR BEVERAGE SALES IS BEING USED TO SELL BEER AND/OR
WINE,AND DIRECT STAFF TO PLACE THE REVISED ORDINANCE ON
THE CONSENT CALENDAR FOR ADOPTION AT THE NEXT REGULAR
MEETING OF THE CITY COUNCIL. MOTION PASSED. AYES: PAGE,
CAPPELLO,LO. NOES: HUNTER. ABSENT: MILLER. ABSTAIN: NONE.
11. Public Hearing Regarding Adoption of a Resolution to Abandon and Sell Unused
City Property Located Near Gardiner Park Between 18929 and 18947 Harleigh Drive
Recommended action:
After holding a public hearing and considering public testimony, staff recommends
that the City Council adopt a resolution(Attachment A) to abandon and sell unused
City Property located near Gardiner Park between 18929 and 18947 Harleigh Drive;
directing staff to mail a Request for Bids (Attachment B)to the two adjoining
property owners; approving a sale of the Property for no less than the estimated fair
market value to the adjacent property owner willing to pay the highest price under
terms in the form Purchase and Sale Agreement(Attachment C); authorizing staff to
transfer the Property pursuant to the executed Purchase and Sale Agreement;
directing the sale proceeds be allocated for park/trail purposes; and directing staff to
initiate merger proceedings for the Property and the parcel owned by the buyer to
create a single parcel.
City Attorney Richard Taylor presented the staff report.
Mayor Hunter invited public comment on the item.
The following people requested to speak:
Susan Carter
Joan Holland
No one else requested to speak.
RESOLUTION NO. 13-022
PAGE/CAPPELLO MOVED TO ADOPT A RESOLUTION TO ABANDON
AND SELL UNUSED CITY PROPERTY LOCATED NEAR GARDINER
PARK BETWEEN 18929 AND 18947 HARLEIGH DRIVE; DIRECTING
STAFF TO MAIL A REQUEST FOR BIDS WITH A BID DEADLINE OF
JUNE 21, 2013 TO THE TWO ADJOINING PROPERTY OWNERS;
APPROVING A SALE OF THE PROPERTY FOR NO LESS THAN THE
ESTIMATED FAIR MARKET VALUE TO THE ADJACENT PROPERTY
OWNER WILLING TO PAY THE HIGHEST PRICE UNDER TERMS IN
THE FORM PURCHASE AND SALE AGREEMENT; AUTHORIZING
STAFF TO TRANSFER THE PROPERTY PURSUANT TO THE EXECUTED
PURCHASE AND SALE AGREEMENT; DIRECTING THE SALE
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PROCEEDS BE ALLOCATED FOR PARK/TRAIL PURPOSES; AND
DIRECTING STAFF TO INITIATE MERGER PROCEEDINGS FOR THE
PROPERTY AND THE PARCEL OWNED BY THE BUYER TO CREATE A
SINGLE PARCEL. MOTION PASSED. AYES: PAGE, CAPPELLO, LO,
HUNTER.NOES: NONE. ABSENT: MILLER. ABSTAIN: NONE.
Mayor Hunter invited a member of Boy Scout Troop 6611 to introduce himself to the
audience and explain why he was in attendance at the City Council Meeting.
OLD BUSINESS
None
NEW BUSINESS
None
ADHOC &AGENCY ASSIGNMENT REPORTS
Mayor Jill Hunter
KSAR Community Access TV Board—the Board is considering options to upgrade
equipment and make use of the KSAR facilities at West Valley College more attractive.
West Valley Mayors and Managers Association—Regional Housing Needs Allocations
were discussed at the last meeting.
Vice Mayor Emily Lo
Let's Move City Ad Hoc—the Ad Hoc will be meeting on April 19, 2013.
Library Joint Powers Authority—the next meeting will be held the week of April 22,
2013. The agenda includes an update on the District's parcel tax.
Santa Clara Valley Water District Commission—Vice Mayor Lo noted she was unable to
attend the last meeting,but asked Council Member Miller to attend on her behalf.
Council Member Howard Miller
No report
Council Member Manny Cappello
Highway 9 Ad Hoc-Public Works Director John Cherbone met individually with
members of the Ad Hoc to discuss changes to the Highway 9 safety improvement plans
in the area near Mendelsohn Lane and Highway 9.
Let's Move City Ad Hoc—a meeting is scheduled for April 19, 2013.
Santa Clara County Emergency Council
Saratoga Chamber of Commerce Contract Review Ad Hoc—a meeting is scheduled for
April 19, 2013.
Council Member Chuck Page
Association of Bay Area Governments—the General Assembly meeting is April 18,
2013.The work plan and budget will be on the agenda for approval.
Santa Clara County Cities Association—Council Member Page shared he was unable to
attend the last meeting and asked Council Member Miller to attend on his behalf.
Sister City Liaison—Council Member Page was unable to attend the meeting held the
week of April 8, 2013.
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West Valley Sanitation District—the District is conducting the noticing required by
Proposition 218 to increase rates,which will cover increased costs that are the result of
the wastewater treatment plan renovations. Despite the increase,rates for the Sanitation
District are still among the lowest.
CITY COUNCIL ITEMS
None
CITY MANAGER'S REPORT
None
ADJOURNMENT
Page/Cappello moved to adjourn the meeting at 8:32 p.m. MOTION PASSED. AYES:
PAGE, CAPPELLO, LO, HUNTER.NOES: NONE. ABSENT: MILLER. ABSTAIN:
NONE.
Minutes respectfully submitted:
OtAs-frd oThello
Crysta Bothelio, City Clerk
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