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HomeMy WebLinkAbout06-15-2011 City Council minutes MINUTES SARATOGA REGULAR CITY COUNCIL MEETING JUNE 15, 2011 The City Council met in Closed Session in the Administrative Conference Room at 5:OOPM. 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 Emily Lo, Jill Hunter, Vice Mayor Chuck Page, and Mayor Howard Miller ABSENT: Manny Cappello 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 Closed 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. 1 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 29 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 20 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. 2 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. 3 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. 4 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 5 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. 6 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. 7 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. 8 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. 9 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 met and noted the KSAR Board has been meeting with the Media Arts Program at Saratoga High School about the possibility of working jointly with regards to television broadcasting. It was determined that West Valley College is the correct option for KSAR at this time. SASCC she attended the last meeting and noted SASCC continues 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 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 10 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. Respectfd y- submjtted, "u ivan, CMC City 11