HomeMy WebLinkAbout11-06-2013 City Council minutes MINUTES
WEDNESDAY,NOVEMBER 6,2013
SARATOGA CITY COUNCIL SPECIAL MEETING
At 5:30 p.m., the City Council conducted interviews for the Library Commission in the
Administrative Conference Room at City Hall at 13777 Fruitvale Avenue. At 6:00 p.m.,
the Council held a Joint Meeting with State Senator Jim Beall Jr., State Assembly
Member Paul Fong, and Santa Clara County Supervisor Joe Simitian.
SARATOGA CITY COUNCIL REGULAR MEETING
Mayor Hunter called the meeting to order at 7:02 p.m. and led the Pledge of Allegiance.
ROLL CALL
PRESENT Council Members Manny Cappello, Howard Miller, Vice Mayor
Emily Lo, Mayor Jill Hunter
ABSENT: Council Member Chuck Page (excused)
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
Michael Taylor, Recreation and Facilities Director
Kate Bear, City Arborist
Macedonio Nunez, Public Works Engineer
Debbie Bretschneider, Deputy City Clerk
Patrick Tsai, City Manager's Office Intern
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 November 1, 2013.
REPORT FROM CLOSED SESSION
None
COMMUNICATIONS FROM COMMISSIONS & PUBLIC
Oral Communications on Non-Agendized Items
State Senator Jim Beall, Jr. shared an overview of the Joint Meeting with the City
Council. He noted that he has been working on Tax Equity Allocation legislation.
Additionally, he invited the public to meet with him on Friday,November 15, 2013 from
8:30 a.m. to 10:00 a.m. at Big Basin Café at 14471 Big Basin Way in Saratoga.
State Assembly Member Paul Fong also spoke about the Joint Meeting. He thanked the
City of Saratoga and Saratoga Area Coordinating Council for co-hosting the Senior Scam
Stopper event at the senior center earlier in the year. He also spoke about legislation he
wrote that is intended to increase government transparency, which was passed this year.
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Santa Clara County Supervisor Joe Simitian commented on his history with the City and
expressed his appreciation for the partnership between the City and County. He also
announced that he has been holding Sidewalk Office Hours throughout Supervisory
District 5, including a visit to the Saturday farmers market in Saratoga at West Valley
College. He invited the public to attend his Sidewalk Office Hours to share their interests
and concerns with him.
Trish Cypher addressed the City Council and raised concerns about large regional
governmental associations and organizations in the Bay Area.
Oral Communications - Council Direction to Staff
None
Communications from Boards and Commissions
None
Council Direction to Staff
None
ANNOUNCEMENTS
Council Member Miller announced that the City's Recreation Activity Guide was mailed
to residents the week of November 4, 2013. The guide lists a variety of programs and
classes for all ages and interests.
Council Member Lo announced a pilot program at Saratoga Library called Virtual
Lawyers in the Library. On November 18 from 5:00 p.m. to 6:30 p.m. and December 16
from 5:00 p.m. to 7:00 p.m., members of the public can meet virtually with an attorney
for a free 20-minute consultation. The public can make an appointment and find out more
online at http://www.probonoproject.org/virtual-clinics/.
Council Member Miller also announced the Silicon Valley Turkey Trot on Thanksgiving
morning. He encouraged residents to participate in this fun event, which benefits Second
Harvest Food Bank, Housing Trust Silicon Valley, and Healthier Kids Foundation Santa
Clara County. The public can register online at http://svturkeytrot.com/.
Mayor Hunter announced that the annual Tree Lighting and Wine Stroll will be held the
day after Thanksgiving in Saratoga Village. The tree lighting ceremony will take place at
5:30 p.m. at Blaney Plaza. Visit http://www.saratogachamber.org/dickens holiday.htm
for additional information.
CEREMONIAL ITEMS
1. Commendations for Outgoing Parks and Recreation Commissioners
Recommended action:
Read and present commendations for Vita Bruno and Thomas Soukup.
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Mayor Hunter presented proclamations to Vita Bruno and Thomas Soukup for their
service on the Parks and Recreation Commission.
2. Appointment of Parks and Recreation Commissioners and Oath of Office
Recommended action:
Adopt the attached resolution appointing Ping Li and Rick Pearce to the Parks and
Recreation Commission and direct the City Clerk to administer the Oath of Office.
RESOLUTION NO. 13-070
MILLER/CAPPELLO MOVED TO ADOPT THE RESOLUTION APPOINTING
PING LI AND RICK PEARCE TO THE PARKS AND RECREATION
COMMISSION AND DIRECT THE CITY CLERK TO ADMINISTER THE
OATH OF OFFICE. MOTION PASSED. AYES: HUNTER, LO, MILLER,
CAPPELLO. NOES: NONE. ABSENT: PAGE.
City Clerk Crystal Bothelio administered the oath of office to Ping Li and Rick
Pearce.
3. Pancreatic Cancer Awareness Month Proclamation
Recommended action:
Read and present the proclamation declaring November 2013 as Pancreatic Cancer
Awareness Month in the City of Saratoga.
Mayor Hunter presented the proclamation declaring November 2013 as Pancreatic
Cancer Awareness Month to representatives of the Pancreatic Cancer Action
Network.
SPECIAL PRESENTATIONS
None
CONSENT CALENDAR
4. City Council Meeting Minutes
Recommended action:
Approve City Council minutes for the Special and Regular City Council Meeting on
October 16, 2013.
Vice Mayor Lo removed this item from the Consent Calendar to seek clarification on
a section of the minutes.
LO/MILLER MOVED TO APPROVE CITY COUNCIL MINUTES FOR THE
SPECIAL AND REGULAR CITY COUNCIL MEETING ON OCTOBER 16,
2013. MOTION PASSED. AYES: HUNTER, LO, MILLER, CAPPELLO. NOES:
NONE. ABSENT: PAGE.
5. Review of Accounts Payable Check Registers
Recommended action:
Review and accept check registers for the following accounts payable payment
cycles:
10/15/2013 Period 4
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10/24/2013 Period 4
10/29/2013 Period 4
CAPPELLO/MILLER MOVED TO ACCEPT CHECK REGISTERS FOR THE
FOLLOWING ACCOUNTS PAYABLE PAYMENT CYCLES: 10/15/2013
PERIOD 4; 10/24/2013 PERIOD 4; AND 10/29/2013 PERIOD 4. MOTION
PASSED. AYES: HUNTER, LO, MILLER, CAPPELLO. NOES: NONE. ABSENT:
PAGE.
6. Treasurer's Report for the Month Ended September 30, 2013
Recommended action:
Review and accept the Treasurer's Report for the month ended September 30, 2013.
CAPPELLO/MILLER MOVED TO REVIEW AND ACCEPT THE
TREASURER'S REPORT FOR THE MONTH ENDED SEPTEMBER 30,
2013. MOTION PASSED. AYES: HUNTER, LO, MILLER, CAPPELLO. NOES:
NONE. ABSENT: PAGE.
7. Agreement with the Santa Clara County FireSafe Council
Recommended action:
Authorize the City Manager to execute an agreement with the Santa Clara County
FireSafe Council in the amount of$25,000 per year through June 30, 2018 to
establish a hazardous fuel reduction program in the City of Saratoga.
This item was removed from the Consent Calendar for public comment.
Mayor Hunter invited public comment.
The following person spoke:
Trish Cypher
No one else requested to speak.
MILLER/LO MOVED TO AUTHORIZE THE CITY MANAGER TO
EXECUTE AN AGREEMENT WITH THE SANTA CLARA COUNTY
FIRESAFE COUNCIL IN THE AMOUNT OF $25,000 PER YEAR THROUGH
JUNE 30,2018 TO ESTABLISH A HAZARDOUS FUEL REDUCTION
PROGRAM IN THE CITY OF SARATOGA. MOTION PASSED. AYES:
HUNTER, LO, MILLER, CAPPELLO. NOES: NONE. ABSENT: PAGE.
8. Memorandum of Understanding for Use of Saratoga Federated Church Storage Area
for Emergency Operations Center Supplies
Recommended action:
Authorize the City Manager to sign the Memorandum of Understanding (MOU)
between the City of Saratoga and the Saratoga Federated Church for use of the
exterior church storage area for storing Emergency Operations Center supplies and
materials.
CAPPELLO/MILLER MOVED TO AUTHORIZE THE CITY MANAGER TO
SIGN THE MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN
THE CITY OF SARATOGA AND THE SARATOGA FEDERATED CHURCH
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FOR USE OF THE EXTERIOR CHURCH STORAGE AREA FOR STORING
EMERGENCY OPERATIONS CENTER SUPPLIES AND MATERIALS.
MOTION PASSED. AYES: HUNTER, LO, MILLER, CAPPELLO. NOES: NONE.
ABSENT: PAGE.
PUBLIC HEARINGS
9. Quito Road Bridges Replacement Project Public Review
Recommended action:
Accept public testimony regarding the Quito Road Bridges Replacement Project and
direct staff to review and refine the project design based on further public outreach
and consultation.
Council Member Miller requested that items 9 and 13 be taken together. The Council
concurred.
Public Works Director John Cherbone presented the staff report.
Mayor Hunter invited public comment on the item.
The following people requested to speak:
Scott Robinson indicated support for the project with input and involvement from
residents near the project.
James Dillon indicated support for the project with input and involvement from
residents near the project.
Petra Jakobskruger indicated support for the project with input and involvement from
residents near the project.
Kathy Dolan indicated support for the project with input and involvement from
residents near the project.
Ron Hills indicated support for the project with input and involvement from residents
near the project.
Steve Sfarzo indicated support for the project with input and involvement from
residents near the project
Maria Hinz requested additional information about the project.
Trish Cypher raised concerns about the mitigation plans for the project and
construction costs
Gary Gold indicated a neutral position on the project and requested additional
communications to the residents near the project and continued community
involvement in the project.
James R. requested increased communications to residents near the project and citizen
participation in the project design.
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Dan Banerje requested increased communication to residents near the project.
Jean Hardwicke requested that she be included in notifications on the project.
Paul requested additional information about the bridge design.
Carole Shebanek raised concerns about traffic detours and safety for pedestrians on
the detour routes.
Diana Anderson commented that she was concerned that the two bridges would have
a similar design to the one at Quito Road and Bicknell Road.
Ronda Ross noted some areas of concern regarding the project plans.
No one else requested to speak.
MILLER/LO MOVED TO: 1)AUTHORIZE THE CITY MANAGER TO
EXECUTE A CONTRACT FOR CONSULTING SERVICES WITH THE
MARK THOMAS & COMPANY FOR DESIGN FOR THE QUITO ROAD
BRIDGE REPLACEMENT PROJECT FOR THE AMOUNT OF $322,462;
AND 2) AUTHORIZE THE STAFF TO EXECUTE CHANGE ORDERS TO
THE DESIGN CONTRACT UP TO $75,000 TO ADDRESS IDEAS AND
CONCERNS SUBMITTED BY THE PUBLIC DURING THE COURSE OF
THE DESIGN PROCESS. MOTION PASSED. AYES: HUNTER, LO, MILLER,
CAPPELLO.NOES: NONE. ABSENT: PAGE.
MILLER/CAPPELLO MOVED TO DIRECT STAFF TO REFINE THE
PROJECT DESIGN BASED ON FURTHER PUBLIC OUTREACH AND
CONSULTATION; DEFINE AND IMPROVE THE PUBLIC INPUT
PROCESS FOR THE QUITO ROAD BRIDGES PROJECT; ESTABLISH A
MITIGATION PLAN IN THE DESIGN PHASE OF THE PROJECT;
PROACTIVELY OUTREACH TO PROPERTY OWNERS THAT THE CITY
WILL NEED TO ACQUIRE PROPERTY FROM FOR THE PROJECT;
ESTABLISH CLEAR GOALS FOR THE CONSTRUCTION OF THE
PROJECT AND FOR POST CONSTRUCTION, INCLUDING
CONSTRUCTION DETOUR ROUTE MITIGATION,NOISE AND DIRT
REDUCTION,AND SAFETY EFFORTS; AND ENGAGE THE CITY'S
TRAFFIC ENGINEER AND THE TRAFFIC SAFETY COMMISSION IN THE
PROJECT. MOTION PASSED. AYES: HUNTER, LO, MILLER, CAPPELLO.
NOES: NONE. ABSENT: PAGE.
10. Adoption of Tree Risk Management Policy and Amendment of Zoning Code 15-
50.040
Recommended action:
1. Conduct a public hearing.
2. Introduce and waive the first reading of the attached ordinance amending Section
15-50.040 of the City Code and direct staff to place the ordinance on the consent
calendar for adoption at the next regular meeting of the City Council.
3. Adopt the Tree Risk Management Policy.
Public Works Director John Cherbone and City Arborist Kate Bear presented the staff
report.
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Mayor Hunter invited public comment on the item.
No one requested to speak.
RESOLUTION NO. 13-071
MILLER/CAPPELLO MOVED TO: 1. CONDUCT A PUBLIC HEARING; 2.
INTRODUCE AND WAIVE THE FIRST READING OF THE ATTACHED
ORDINANCE AMENDING SECTION 15-50.040 OF THE CITY CODE AND
DIRECT STAFF TO PLACE THE ORDINANCE ON THE CONSENT
CALENDAR FOR ADOPTION AT THE NEXT REGULAR MEETING OF
THE CITY COUNCIL; AND 3. ADOPT THE TREE RISK MANAGEMENT
POLICY. MOTION PASSED. AYES: HUNTER, LO, MILLER, CAPPELLO.
NOES: NONE. ABSENT: PAGE.
OLD BUSINESS
11. Renewal of Facility Use Agreement with Saratoga Area Senior Coordinating Council
Recommended action:
Accept report and adopt a Resolution authorizing the City Manager to execute the
Agreement for Use of Facilities with the Saratoga Area Senior Coordinating Council.
Recreation and Facilities Director Michael Taylor presented the staff report.
Mayor Hunter invited public comment on the item.
Lisa Huening, SASCC President, spoke.
No one else requested to speak.
RESOLUTION NO. 13-072
CAPPELLO/MILLER MOVED TO ADOPT A RESOLUTION AUTHORIZING
THE CITY MANAGER TO EXECUTE THE AGREEMENT FOR USE OF
FACILITIES WITH THE SARATOGA AREA SENIOR COORDINATING
COUNCIL. MOTION PASSED. AYES: HUNTER, LO, MILLER, CAPPELLO.
NOES: NONE. ABSENT: PAGE.
12. Reassignment of Previously Allocated Funds for McWilliams House Improvements
Recommended action:
Accept report and move to approve the reassignment of previously allocated CIP
funds for the McWilliams House Improvements.
Recreation and Facilities Director Michael Taylor presented the staff report.
Mayor Hunter invited Annette Stranksy, President of the Saratoga Historical
Foundation Board of Directors, to address the Council.
Annette Stransky, President of the Saratoga Historical Foundation Board of Directors,
spoke about the reassignment of previously allocated CIP funds for McWilliams
House improvements.
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MILLER/CAPPELLO MOVED TO APPROVE THE REASSIGNMENT OF
PREVIOUSLY ALLOCATED CIP FUNDS FOR THE MCWILLIAMS HOUSE
IMPROVEMENTS FOR UP TO ONE YEAR. MOTION PASSED. AYES:
HUNTER, LO, MILLER, CAPPELLO. NOES: NONE. ABSENT: PAGE.
NEW BUSINESS
13. Quito Road Bridges—Award of Design Contract
Recommended action:
1. Authorize the City Manager to execute a contract for consulting services with the
Mark Thomas & Company for design for the Quito Road Bridge Replacement Project
for the amount of$322,462.
2. Move to authorize the staff to execute change orders to the design contract up to
$75,000 to address ideas and concerns submitted by the public during the course of
the design process.
The City Council heard Item 13: Quito Road Bridges—Award of Design Contract
with Item 9: Quito Road Bridges Replacement Project Public Review.
14. Proposed Water Supply Improvements Assessment District
Recommended action:
Consider and provide direction to staff regarding the proposal from the Arrowhead
Cooperative Company, Inc. to establish an assessment district to construct water
supply improvements to serve 39 homes and upon completion transfer those
improvements to the San Jose Water Company.
City Attorney Richard Taylor presented the staff report.
Paul Hansen of the Arrowhead Cooperative Company made a brief presentation to the
City Council.
Mayor Hunter invited public comment on the item.
The following person spoke:
Rick Pearce
No one else requested to speak.
LO/MILLER MOVED TO DIRECT STAFF TO WORK WITH THE
ARROWHEAD COOPERATIVE COMPANY,INC. TO ESTABLISH AN
ASSESSMENT DISTRICT TO CONSTRUCT WATER SUPPLY
IMPROVEMENTS TO SERVE 39 HOMES AND UPON COMPLETION
TRANSFER THOSE IMPROVEMENTS TO THE SAN JOSE WATER
COMPANY. MOTION PASSED. AYES: HUNTER, LO, MILLER, CAPPELLO.
NOES: NONE. ABSENT: PAGE.
15. Approval of Updated City of Saratoga Records Retention Schedule
Recommended action:
Adopt resolution approving the updated records retention schedule.
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Patrick Tsai, City Manager's Office Intern, presented the staff report.
Mayor Hunter invited public comment on the item.
No one requested to speak.
RESOLUTION NO. 13-073
MILLER/LO MOVED TO ADOPT RESOLUTION APPROVING THE
UPDATED RECORDS RETENTION SCHEDULE,INCLUDING THE
INCREASED RETENTION PERIOD FOR PETITIONS AND BRIDGES AND
OVERPASS REPORTS AS SHOWN IN THE DESK ITEM PRESENTED BY
STAFF. MOTION PASSED. AYES: HUNTER, LO, MILLER, CAPPELLO.NOES:
NONE. ABSENT: PAGE.
ADHOC & AGENCY ASSIGNMENT REPORTS
Mayor Jill Hunter
City School Ad Hoc—Mayor Hunter shared she attended an event at Saratoga School.
During the event, she expressed her gratitude for the respectful behavior of Saratoga
Schoolchildren in the Village. She also commented upon Eagle Scout Court of Honor
events that she has been attending.
West Valley Mayors and Managers Association—the last meeting was held at Bell Tower
Bistro and the group discussed partnerships with schools and Youth Commissions.
Vice Mayor Emily Lo
Library Joint Powers Authority—the Authority accepted a 10-year maintenance and
improvement plan for the libraries in the district. Additionally, the new administration
building—now referred to as the Service and Support Center—is nearly complete. An
Open House is scheduled for December 6, 2013 from 3:00 p.m. to 5:00 p.m.
Santa Clara Valley Water District Commission—at the last meeting, it was announced
that the flood control and watershed advisory committees would be combined with the
Water District Commission starting in 2014. Additionally, new government
organizations, such as the Midpeninsula Regional Open Space District, will,be invited to
participate in the Commission. Ad hoc committees will be formed to work on a variety of
subject matters.
Council Member Howard Miller
City School Ad Hoc—Council Member Miller shared that he attended a meeting with
Campbell Union School District Board Members to discuss how the City and School
District coulds work together more closely.
Council Finance Committee—the City is nearing the end of its annual audit with the
City's new auditor.
Saratoga Ministerial Association—during the last meeting,the Thanksgiving Day service
was discussed. Council Member Cappello will be participating in the service.
Valley Transportation Authority PAC—the November meeting was canceled.
West Valley Solid Waste Management Joint Powers Authority—the Board will be
meeting on November 7, 2013. The agenda includes evaluation of the Executive Director
and Authority Attorney.
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Council Member Manny Cappello
Destination Saratoga Liaison—the group is working on the Village dinner event
scheduled for June 22, 2014. The event will be limited to 300 attendees. Additionally, the
public relations consultants have been doing a nice job getting placements in various
magazines and attracting reporters to write stories on Saratoga.
SASCC—Council Member Cappello provided an update on the SASCC health and
wellness fair held at West Valley College. He also shared that SASCC will be holding its
winter dance on January 25, 2014, the Italian Dinner is scheduled for June 7, 2014, and
the Board is planning a senior symposium in February 2014 in partnership with
Congresswoman Anna Eshoo.
Council Member Chuck Page
No report
CITY COUNCIL ITEMS
None
CITY MANAGER'S REPORT
City Manager Dave Anderson spoke about the West Valley Mayors and Managers
meeting and shared that Recreation and Facilities Director Michael Taylor attended the
meeting to share his experiences engaging schools. City Manager Dave Anderson also
announced that he would be out of the office November 7, 2013 to November 11, 2013.
Michael Taylor will be acting City Manager.
ADJOURNMENT
CAPPELLO/MILLER MOVED TO ADJOURN THE MEETING AT 10:40 P.M.
MOTION PASSED. AYES: HUNTER, LO, MILLER, CAPPELLO. NOES: NONE.
ABSENT: PAGE.
Minutes respectfully submitted:
Cry OjBlz,J
othelio, City Clerk
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