HomeMy WebLinkAbout07-02-2008 City Council MinutesMINUTES
SARATOGA CITY COUNCIL MEETING
JULY 2, 2008
The City Council of the City of Saratoga met in Closed Session in the Administrative
Conference Room, 13777 Fruitvale Avenue at 5:15 p.m.
Mayor Waltonsmith called the meeting to order.
ANNOUNCEMENT OF CLOSED SESSION ITEMS
CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION: Initiation
of litigation pursuant to Government Code Section 54956.9(c): (1 potential case)
CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION: Existing
litigation pursuant to Government Code Section 54956.9(a) Singer v. State of California,
et al. (Santa Clara County Superior Court Case No. 108CV113570.)
ADJOURNED TO CLOSED SESSION
The City Council held a Joint Meeting at 6:00 p.m. with the .Historical Foundation and
Heritage Preservation Commission (HPC) in the Administrative Conference Room.
Mayor Waltonsmith called the Regular City Council meeting to order at 7:OOPM and led
the Pledge of Allegiance.
MAYORS REPORT ON CLOSED SESSION
Mayor Waltonsmith stated there was no reportable information.
ROLL CALL:
PRESENT: Councilmembers Jill Hunter, Aileen Kao, Kathleen King, Vice
Mayor Chuck Page, and Mayor Ann Waltonsmith
ABSENT: None
ALSO Dave Anderson, City Manager
PRESENT: Richard Taylor, City Attorney
Ann Sullivan, Acting City Clerk
Mary Furey, Administrative Services Director
John Cherbone, Public Works Director
John Livingstone, Community Development Director
REPORT OF CITY CLERK ON POSTING OF AGENDA
Ann Sullivan, Acting City Clerk, reported that pursuant to Government Code Section
54954.2, the agenda for this meeting was properly posted on June 26, 2008.
ORAL COMMUNICATIONS
The following people requested to speak at tonight's meeting:
Citizen Ray -spoke about the 1.7 million Grant for the Highway 9 project and expressed
his concerns regarding accounting issues of this grant and the funding for completion of
Phase II and III of the project. In addition, he commended Director Cherbone for his
work on the redesign of the intersection at Highway 9 and Austin Way.
Cary Matsuoka -Superintendent of Saratoga Los Gatos Union School District addressed
the Council on the issue of funding consideration for the School Resource Officer
position.
The following people spoke in support of the School Resource Officer funding:
Emily Lo
Hong Tai
Katherine Tseng
Charlotte Sparacino
Donna Paisley
COUNCIL DIRECTION TO STAFF
Councilmember King -requested staff agendize the School Resource Officer position for
discussion at the next Council meeting.
Vice Mayor Page -seconded this request and suggested staff provide the history on the
School Resource Officer position and the Neighborhood Resource Officer and the
specific job functions.
Councilmember Hunter -asked that staff work with the school districts regarding their
commitment to the funding of a School Resource Officer position.
Mayor Waltonsmith -concurred that staff speak with the school districts regarding
coordination of funding for the requested position of a School Resource Officer. In
addition, the Mayor asked Public Works Director John Cherbone if he had any reportable
information regarding the accounting issues Citizen Ray brought up.
Director Cherbone stated the Highway 9 project is moving forward and they are waiting
for an accounting of the funds and the reallocation of funds back to Phase II of the
project.
COMMUNICATIONS FROM COMMISSIONS & PUBLIC
Peter Mara, Vice Chair of Heritage Preservation Commission (HPC), stated they had a
joint meeting with Council prior to the Council meeting and that they reviewed the
HPC's vision and goals for the next year regarding the historical aspects of the City of
Saratoga. The Commission is looking forward to their next meeting with the Council
where they plan to talk more in depth about the functions of the HPC.
Jack Mallory, Historical Foundation representative, addressed the Council on the increase
in membership of the Foundation. He stated currently there are 233 members - a 45%
increase in membership in the last year. He stated the Foundation is anon-profit and
raises money through grants, donations and memberships as well as some funding from
the City. He stated they are very active in community events, such as participation in the
Annual Mustard Faire. Other successful programs included -Remembering the Old
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Saratoga, and Lives of the Ohlone Indians in the Community. He noted the importance of
continued donations to help fund the Historical Museum in the Village.
ANNOUNCEMENTS
Vice Mayor Page: Fourth of July Celebration from 10:00 to 11:30 at Azule Park on July
4, 2008.
Councilmember Hunter: Two upcoming dances in the Bank of America parking lot in the
Village on July 19 and August 2°d at 5:30p.m.
Mayor Waltonsmith: Silicon Valley Association of Realtors fund raiser event -San Jose
Giants versus Modesto Nuts baseball game on August 3`d at S:OOp.m. The Mayor also
announced she was dedicating this council meeting to celebrating our country's birthday
on the 4`h of July and asked that citizens dedicate themselves to promoting an act of
democracy, citizenship and volunteerism to help build our communities.
CEREMONIAL ITEMS
1. PROCLAMATION RECOGNIZING JULY AS PARKS AND RECREATION
MONTH IN THE CITY OF SARATOGA
STAFF RECOMMENDATION:
Acknowledge proclamation.
Mayor Waltonsmith read the proclamation and presented it to Tom Soukup, Chair of
the Parks and Recreation Commission.
SPECIAL PRESENTATIONS
None
CONSENT CALENDAR
2. CITY COUNCIL MINUTES -JANUARY 18, 2006
STAFF RECOMMENDATION:
Approve minutes.
Vice Mayor Page and Councilmember Hunter requested that this item be removed
from the Consent Calendar.
Vice Mayor Page and Councilmember Hunter stated that they submitted corrections
to the City Clerk prior to the meeting.
PAGE/KING MOVED TO APPROVE CITY COUNCIL MINUTES OF
JANUARY 18, 2006 AS AMENDED. MOTION PASSED 5 - 0.
3. CITY COUNCIL MINUTES -APRIL 4, 2007
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STAFF RECOMMENDATION:
Approve minutes.
Vice Mayor Page requested that this item be removed from the Consent Calendar.
Vice Mayor Page stated that he submitted corrections to the City Clerk prior to the
meeting.
PAGE/KING MOVED TO APPROVE CITY COUNCIL MINUTES OF APRIL
4, 2007 AS AMENDED. MOTION PASSED 5 - 0.
4. CITY COUNCIL MINUTES -JUNE 18, 2008
STAFF RECOMMENDATION:
Approve minutes.
PAGE/KING MOVED TO APPROVE CITY COUNCIL MINUTES OF JUNE
18, 2008 AS AMENDED. MOTION PASSED 5 - 0.
5. TREASURER'S REPORT FOR THE MONTH ENDED JANUARY 31, 2008
STAFF RECOMMENDATION:
Review and accept Treasurer's Report for the month ended January 31, 2008
PAGE/KING MOVED TO ACCEPT TREASURER'S REPORT FOR THE
MONTH ENDED JANUARY 31.2008. MOTION PASSED 5 - 0.
6. TREASURER'S REPORT FOR THE MONTH ENDED FERUARY 29, 2008
STAFF RECOMMENDATION:
The City Council review and accept the Treasurer's Report for the month ended
February 29, 2008.
PAGE/KING MOVED TO ACCEPT TREASURER'S REPORT FOR THE
MONTH ENDED FEBRUARY 29, 2008. MOTION PASSED 5 - 0.
7. TREASURER'S REPORT FOR THE MONTH ENDED MARCH 31, 2008
STAFF RECOMMENDATION:
The City Council review and accept the Treasurer's Report for the month ended
March 31, 2008.
PAGE/KING MOVED TO ACCEPT TREASURER'S REPORT FOR THE
MONTH ENDED MARCH 31.2008. MOTION PASSED 5 - 0.
8. REVIEW OF ACCOUNTS PAYABLE REGISTERS
STAFF RECOMMENDATION:
That the City Council accepts the Check Registers for Accounts Payable cycles:
June 12, 2008
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June 19, 2008
PAGE/KING MOVED TO ACCEPT CHECK REGISTERS FOR ACCOUNTS
PAYABLE CYCLES JUNE 12, 2008 AND JUNE 19, 2008.
MOTION PASSED 5 - 0.
9. AWARD OF CONTRACT
STAFF RECOMMENDATION:
Accept report and award contract to CPO for the City's copy machines.
PAGE/KING MOVED TO ACCEPT REPORT AND AWARD CONTRACT TO
CPO FOR THE CITY'S COPY MACHINES. MOTION PASSED 5 - 0.
10. RESOLUTION AMENDING COUNCIL AGENCY AND ADHOC
COMMITTEE LIAISON ASSIGNMENTS
STAFF RECOMMENDATION:
Adopt a resolution amending Resolution 07-076 appointing Council representatives
to Committees, Agencies and Ad hoc Committees.
Mayon Waltonsmith requested that this item be removed from the Consent Calendar
for Council to appoint a new alternate to the West Valley Solid Waste Joint Powers
Association for the remaining meetings of 2008; which are August 7th and November
6th' 2008. Councilmember Kao was nominated and accepted the position as alternate
to the West Valley Solid Waste Joint Powers Association.
RESOLUTION: 08-044
WALTONSMITH/KING MOVED TO ADOPT A RESOLUTION AMENDING
RESOLUTION 07-076 APPOINTING COUNCIL REPRESENTATIVES TO
COMMITTEES. AGENCIES AND ADHOC COMMITTEES. MOTION
PASSED 5 - 0.
11. AUTHORIZATION FOR LOCAL AGENCY INVESTMENT FUND (LAIF) TO
LINK THE CITY'S INVESTMENT FUND TO THE CITY'S PAYROLL
BANK ACCOUNT
STAFF RECOMMENDATION:
Authorize LAIF to link the City's Investment fund to the City's Payroll account, and
for the City Manager and the Finance & Administrative Services Director to sign the
Authorization for additions of Bank and/or Account number form.
RESOLUTION: 08-048
PAGE/KING MOVED TO AUTHORIZE LAIF TO LINK THE CITY'S
INVESTMENT FUND TO THE CITY'S PAYROLL ACCOUNT, AND FOR
THE CITY MANAGER AND THE FINANCE & ADMINISTRATIVE
SERVICES DIRECTOR TO SIGN THE AUTHORIZATION FOR
ADDITIONS OF BANK AND/OR ACCOUNT NUMBER FORM. MOTION
PASSED 5 - 0.
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12. VACATION OF UPPER OLD OAK WAY STREET
STAFF RECOMMENDATION:
1. Adopt Resolution vacating a portion of Old Oak Way (Attachment 5).
2. Adopt Resolution accepting offer of dedication for Pedestrian/Equestrian Trail
purposes (Attachment 6).
RESOLUTION: 08-045
PAGE/KING MOVED TO ADOPT RESOLUTION VACATING A PORTION
OF OLD OAK WAY STREET. MOTION PASSED 5 - 0.
RESOLUTION: 08-046
PAGE/KING MOVED TO ADOPT RESOLUTION ACCEPTING OFFER OF
DEDICATION FOR PEDESTRIAN/EOUESTRIAN TRAIL PURPOSES.
MOTION PASSED 5 - 0.
PUBLIC HEARINGS
13. AMENDMENT TO CITY CODE PROCEDURES FOR SETTING APPEAL
HEARINGS
STAFF RECOMMENDATION:
Staff recommends the City Council open the public hearing, accept public testimony,
close the public hearing and approve the attached ordinance and waive the First
Reading and direct staff to schedule this item for a Second Reading for adoption on
the consent calendar at the next regularly scheduled City Council meeting.
City Attorney Richard Taylor presented the staff report. He noted the proposed
changes to the existing Ordinance regarding public hearings:
o Upon the filing of a notice of appeal and payment of the appeal fee, the City
Clerk shall schedule the matter for a proposed hearing date within two
business days and notify the applicant and appellant of the scheduled hearing
date;
o The City Clerk must schedule the public hearing date within 30 days of the
filed appeal and if it is impossible to schedule the hearing within 30 days due
to the council meeting schedule or legal noticing requirements, the City Clerk
will then schedule the hearing for the next scheduled Council meeting;
o Staff can no longer grant an appeal continuance a week or hours before a
scheduled public hearing;
o Staff can grant a continuance only if the continuance request is submitted a
minimum of 14 days before a scheduled public hearing;
o Council would still have the ability to grant a continuance if someone
requested a continuance during the public hearing.
Vice Mayor Page asked for clarification on business day scheduling for staff and
calendar day scheduling for appellant and/or applicant.
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City Attorney Taylor stated the business day pertains to everything the City Clerk is
required to do and everything else would be under the calendar day requirements.
Mayor Waltonsmith opened the public hearing.
No one was present to speak on this item.
Mayor Waltonsmith closed the public hearing.
KING/PAGE MOVED TO APPROVE THE PROPOSED ORDINANCE AND
WAIVE THE FIRST READING AND DIRECT STAFF TO SCHEDULE THIS
ITEM FOR A SECOND READING FOR ADOPTION ON THE CONSENT
CALENDAR AT THE NEXT REGULARLY SCHEDULED CITY COUNCIL
MEETING. MOTION PASSED 5 - 0.
OLD BUSINESS
14. JOAN PISANI COMMUNITY CENTER SIGN DESIGN AND PLACEMENT
STAFF RECOMMENDATION:
Approve design and placement of sign for Joan Pisani Community Center.
Recreation Department Director Michael Taylor presented the staff report.'
Director Taylor noted if Council approves the proposed sign design the new sign
would be placed in the exact location of the old sign.
PAGE/KAO MOVED TO APPROVE THE DESIGN AND PLACEMENT OF
SIGN FOR JOAN PISANI COMMUNITY CENTER. MOTION PASSED 5 - 0.
NEW BUSINESS
15. SARATOGA COMMUNITY BAND FEE WAIVER REQUEST
STAFF RECOMMENDATION:
Accept report and direct staff accordingly.
Recreation Department Director Michael Taylor presented the staff report.
Mayor Waltonsmith invited public comment; seeing none the Mayor closed the
public comment.
Staff Direction:
Pay the fee for the Community Band to perform at Wildwood Park from the
Community Building Fund for up to a total of three performances and encourage the
Parks and Recreation Commission to research this as an on-going community event
that involves other bands if they are interested.
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PAGE/KAO MOVED TO APPROVE PAYMENT OF THE COMMUNITY
BAND FEE FROM THE COMMUNITY BUILDING FUND. MOTION
PASSED 5 - 0.
16. CITY COUNCIL ELECTION ETHICS AND STANDARDS
STAFF RECOMMENDATION:
Review and approve, modify, or deny the following proposals pertaining to ethics and
standards for City elections:
1. Resolution adopting a proposed Pledge of Fair Campaign Practices;
2. Direction to the City Manager to increase the number of League of Women Voters
candidate forums supported by the City from one to two on the condition that the
second forum be held on the evening preceding the elections; and
3. Direction to the City Clerk to include on the City website a link to the Institute for
Local Government publication titled "Campaigning Effectively for Local Office:
Good People Can Finish First."
City Attorney Richard Taylor presented the staff report and explained to Council that
they were being asked to review, modify or deny the proposed ethics and standards
for City elections.
Mayor invited public comment; seeing none the Mayor closed the public comment.
Council discussed and gave direction regarding the three staff recommendations
above:
Item 1- No modifications
Item 2 - If the League of Women Voters is in agreement to hold a second candidate
forum call it "The Final Word Forum" and if other agencies such as the school
district would like to participate, the Council Candidate discussion would be first on
the agenda; and if a second forum is not available through the League of Women
Voters, the item would be brought back to Council with alternatives.
Item 3 - Include a printed copy of publication in the Council Candidacy Election
Binders and in the same section include link to State Ethics Training AB 1234.
RESOLUTION: 08-047
KAO/PAGE MOVED TO APPROVE RESOLUTION ADOPTING A
PROPOSED PLEDGE OF FAIR CAMPAIGN PRACTICES. MOTION
PASSED 5 - 0.
KING/PAGE MOVED TO DIRECT THE CITY MANAGER TO INCREASE
THE NUMBER OF LEAGUE OF WOMEN VOTERS CANDIDATE FORUMS
SUPPORTED BY THE CITY FROM ONE TO TWO ON THE CONDITION
THAT THE SECOND FORUM BE HELD ON THE EVENING PRECEDING
THE ELECTION. MOTION PASSED 5 - 0.
PAGE/KAO MOVED TO DIRECT THE CITY CLERK TO INCLUDE ON THE
CITY WEBSITE A LINK TO THE INSTITUTE FOR LOCAL
GOVERNMENT PUBLICATION TITLED "CAMPAIGNING EFFECTIVELY
FOR LOCAL OFFICE: GOOD PEOPLE CAN FINISH FIRST". MOTION
PASSED 5 - 0.
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17. COMER DRIVE RETAINING WALL REPLACEMENT
STAFF RECOMMENDATION:
Adopt Resolution Amending the FY 2008-09 Budget for Retaining Wall Repair Work
on Comer Drive.
Mayor Waltonsmith invited public comment; seeing none, she closed the public
comment.
After Council discussion regarding funding options for replacement of the retaining
wall on Comer Drive, Council agreed to:
o Transfer $200,000 from the Economic Uncertainty/Hillside Repair Fund
o Maintain 1.5 million dollars in Economic Hillside Fund
o Create a 2-year pay back policy
o Implement a Budget Policy to use surplus from Undesignated Fund Balance at
the end of the fiscal year to fund the Economic Uncertainty Hillside Fund
RESOLUTION: 08-049
PAGE/KAO MOVED TO ADOPT RESOLUTION AMENDING THE FY 2008-
09 BUDGET FOR RETAINING WALL REPAIR WORK ON COMER DRIVE
MOTION PASSED 5 - 0.
18. LCC ANNUAL CONFERENCE
STAFF RECOMMENDATION:
Designate a voting delegate and alternate for the League's Annual Conference.
Vice Mayor Chuck Page and City Manager Dave Anderson stated they will be
attending the annual LCC Annual Conference September 24 - 27, 2008. Council
designated Vice Mayor Page to be the LCC Voting Delegate and City Manager Dave
Anderson to be the alternate.
KING/PAGE MOVED TO DESIGNATE VICE MAYOR PAGE AS THE
VOTING DELEGATE AT THE LEAGUE OF CALIFORNIA'S ANNUAL
CONFERENCE SEPTEMBER 24-27 AND DESIGNATED CITY MANAGER
DAVE ANDERSON THE ALTERNATE VOTING DELEGATE. MOTION
PASSED 5 - 0.
ADHOC & AGENCY ASSIGNMENT REPORTS
Mayor Ann Waltonsmith -reported:
SASCC - held a potluck lunch on July 2, 2008.
Sister City Liaison -The daughter of Muko Shi's Mayor will be one of the Sister City
exchange students visiting in August 2008.
Saratoga Amateur Radio Association (SARA) -stated she attended SARA's field day last
weekend and that last year they came in second in the United States in the number of
radio contacts made. They were trying to take first place this year and go for the gold;
the results won't be known until later.
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Councilmember Jill Hunter - reported:
Village AdHoc -met with two landscape architects for the Village beautification project
and it was a very enlightening meeting. She stated they have a total of 1.2 million,
including grant and sidewalk funds, to work with.
Vice Mayor Chuck Page -reported:
West Valley Sanitation District -will meet next week.
Village AdHoc -noted the 1.2 million dollars referred to by Councilmember Hunter is
slated for sidewalk improvement and safety; which in turn can result in Village
beautification.
Valley Transportation Authority PAC -noted he was unable to attend the last meeting
and that Councilmember King attended the meeting.
Councilmember Kathleen Kina -reported:
Peninsula Division, League of California Cities -the annual Peninsula Division dinner
meeting is scheduled for July. 31 S` and encouraged Council members to attend.
Santa Clara County Cities Association -currently working on banning use of plastic
bags; Santa Clara County adopted a new city code where restaurants that have more than
141ocations throughout California must note the caloric count on menu items. Supervisor
Liz Kniss encourages all 15 cities to consider adopting this same code in our cities, once
we see what happens with the City of San Francisco.
City School AdHoc -Campbell High School District has approved an addendum to the
contract extending the length and useage of the contract and leaving it up to school
district staff to work out the details. (Public Works Director John Cherbone confirmed
this and noted it may be brought back to Council at the next meeting for discussion.)
Councilmember Aileen Kao -reported:
County HCD Policy Committee -attended Airport Land Use meeting last week, which
was a workshop meeting. She stated every other month is a workshop meeting where the
discussion is about policies.
CITY COUNCIL ITEMS
Mayor Waltonsmith -agendize for discussion the operation of the Historical Orchard
from Heritage Preservation Commission to Parks and Recreation Commission; and
discussion of funding for possible SRO position.
Councilmember King -stated Supervisor Liz Kniss asked if she could be agendized on
the next council meeting to give a presentation on the new hospital bond that is on the
November election ballot.
Councilmember King also stated she had previously asked to agendize the 2005 Budget
Cuts for discussion and was now willing to move that item to future items; after the State
Budget cuts become known.
In addition, she asked for an update on the fence ordinance and Director Livingstone
stated he will provide an update in the weekly Council Newsletter.
CITY MANAGER'S REPORT
None
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ADJOURNMENT
There being no further business PAGE/KAO MOVED TO ADJOURN THE
MEETING AT 9:30P.M. MOTION PASSED 5 - 0.
Respect ull submitted,
Ann Sullivan, CMC
Acting City Clerk
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