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HomeMy WebLinkAbout12-21-2016 City Council MinutesMINUTES WEDNESDAY, DECEMBER 21, 2016 SARATOGA CITY COUNCIL REGULAR MEETING At 6:00 p.m., the Saratoga City Council held a Joint Meeting with representatives of San Jose Animal Care and Services in the Administrative Conference Room at Saratoga City Hall at 13777 Fruitvale Avenue. At 7:05 p.m., Mayor Emily Lo called the Regular Session to order and led the Pledge of Allegiance. ROLL CALL PRESENT Mayor Emily Lo, Vice Mayor Mary -Lynne Bemald, Council Members Manny Cappello, Itoward Miller ABSENT Council Member Rishi Kumar(excused) Al SO PRESENT James Lindsay, City Manager Richard Taylor, City Attorney Crystal Bothelio, City Clerk/Asst. to City Manager John Cherbone, Public Works Director Mary Furey, Finance & Administrative Services Director Erwin Ordonez, Community Development Director Michael Taylor, Recreation & Facilities Director Sung Kwon, Senior Planner Nicole Johnson. Planner 11 Tony McFarlane, Finance Manager Lauren Pettipiece, Administrative Analyst 1 REPORT ON POSTING OF TDE AGENDA City Clerk Crystal Bothelio reported that the agenda was property posted on December 15, 2016. REPORT FROM JOINT MEETING Staycee Dains, Shelter Manager with San Jose Animal Care and Services provided an overview of the City Council's Joint Meeting. ORAL COMMUNICATIONS ON NON-A('ENDIZED ITEMS Mary Robertson addressed the City Council regarding water rates and water conservation tier allotments. Rita Benson addressed the City Council regarding the Califomia Public Utilities Commission. Kedar Abhyankar and students of Saratoga High School Associated Student Body recognized Council Member Manny Cappello. A speaker thanked the City Council for efforts related to the June Wav appeal. CITY COUNCIL ANNOUNCEMENTS Council Member Miller reminded residents of the threat of package theft and to report stolen packages to 911 Council Member Cappello announced the displays of light from different faith -based organizations at Blaney Plaza. Mayor Lo shared information about the Neighborhood Watch Grant Program. 1. CEREMONIAL ITEMS 1.1 Commendation for Amit Seth Recommended Action: Present the commendation to Amit Seth. Mayor Lo and members of the City Council presented the commendation to Amit Seth. 3. CONSENT CALENDAR Before voting on the Consent Calendar. Council Member Miller commented on the partnership between the City and the Cooper -Garrod families. 3.1. City Council Meeting Minutes Recommended Action: Approve the City Council minutes for the Regular City Council Meeting on December 7, 2016. MILLER/CAPPELLO MOVED 10 APPROVE THE CITY COUNCIL MINUTES FOR THE REGULAR CITY COUNCIL MEETING ON DECEMBER 7.2016. MOTION PASSED. AYES. LO. BERNALD, CAPPELI O. MILLER. NOES. NONE. ABSTAIN: NONE. ABSENT KUMAR. 3.2. Review of Accounts Payable Check Registers Recommended Action: Review and accept check registers for the following accounts payable payment cycles. 12/06/2016 Period 6; and 12/14/2016 Period 6. MILLER/CAPPELLO MOVED TO ACCEPT CHECK REGISTERS FOR THE FOLLOWING ACCOUNTS PAYABLE PAYMENT CYCLES: 12/06/2016 PERIOD 6; AND 12/14/2016 PERIOD 6. MOTION PASSED. AYES. LO. BERNALD, CAPPELLO, MILLER. NOES: NONE. ABSTAIN: NONE. ABSENT KUMAR. 3.3. 2017 Hazardous Vegetation Program Commencement Resolution Recommended Action: Approve resolution declaring hazardous vegetation (weeds) as a public nuisance and setting a public hearing on January 18, 2017 to consider objections to the Abatement List. RESOLUTION NO. 16-070 MILLER/CAPPELLO MOVED TO APPROVE RESOLUTION DECLARING HAZARDOUS VEGETATION (WEEDS) AS A PUBLIC NUISANCE AND SETTING A PUBLIC HEARING ON JANUARY 18, 2017 TO CONSIDER OBJECTIONS TO THE ABATEMENT LIST. MOTION PASSED. AYES. LO, BERNALD CAPPELLO, MILLER. NOES. NONE. ABSTAIN: NONE. ABSENT KUMAR. 3.4. Montalvo Emergency Access Easement Relocation Recommended Action: 1 Accept Grant of Emergency Access Easement on Montalvo Arts Center property and adopt acceptance resolution. 2. Approve summary vacation/abandonment of a portion of the existing Emergency Access Easement on the same property and adopt vacation resolution. RESOLUTIONS NO. 16-071 & 16-072 MILLER/CAPPELLO MOVED TO: 1. ACCEPT GRANT OF EMERGENCY ACCESS EASEMENT ON MONTALVO ARTS CENTER PROPERTY AND ADOPT ACCEPTANCE RESOLUTION; 2. APPROVE SUMMARY VACATION/ABANDONMENT OF A PORTION OF THE EXISTING EMERGENCY ACCESS EASEMENT ON THE SAME PROPERTY AND ADOPT VACATION RESOLUTION. MOTION PASSED. AYES. LO, BERNALD CAPPELLO, MILLER. NOES. NONE. ABSTAIN: NONE. ABSENT KUMAR. 3.5. Highway 9 Improvements Phase IV - Construction Management and Inspection Services Contract Award Recommended Action: 1 Award Contract for Construction Management and Inspection Services for Highway 9 Phase IV Improvements Project to Bellecci & Associates in the amount of $139,849.00 and authorize the City Manager to execute the same. 2. Move to authorize staff to execute change orders to the contract for unforeseen circumstances up to $13,000. MILLER/CAPPELLO MOVED TO: AWARD CONTRACT FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR HIGHWAY 9 PHASE IV IMPROVEMENTS PROJECT TO BELLECCI & ASSOCIATES IN THE AMOUNT OF $139,849.00 AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE SAME; AND AUTHORIZE STAFF TO EXECUTE CHANGE ORDERS TO THE CONTRACT FOR UNFORESEEN CIRCUMSTANCES UP TO $13,000. MOTION PASSED. AYES. LO, BERNALD, CAPPELLO, MILLER. NOES. NONE. ABSTAIN: NONE. ABSENT KUMAR. 3.6. Trail Easements Acceptance on Cooper -Garrod Winery and Garrod Farms Properties Recommended Action: Accept three separate Offers to Dedicate Trail Easement on properties knows as Cooper - Garrod Winery and Garrod Farms (APNs 503-12-001, 503-10-044 and 503-10-067) and adopt acceptance resolutions RESOLUTIONS NO. 16-073, 16-074, & 16-075 MILLERICAPPELLO MOVED TO ACCEPT THREE SEPARATE OFFERS TO DEDICATE TRAIL EASEMENT ON PROPERTIES KNOWS AS COOPER- GARROD WINERY AND GARROD FARMS (APNS 503-12-001, 503-10-044 AND 503-10-067) AND ADOPT ACCEPTANCE RESOLUTIONS. MOTION PASSED. AYES. LO, BERNALD, CAPPELLO, MILLER. NOES. NONE. ABSTAIN: NONE. ABSENT KUMAR. 3.7 Commission Qualifications and Terms Expiring in 2017 Recommended Action: Accept the list of Commission qualifications and terms expiring in the 2017 calendar year. MILLER/CAPPELLO MOVED TO ACCEPT THE LIST OF COMMISSION QUALIFICATIONS AND TERMS EXPIRING IN THE 2017 CALENDAR YEAR. MOTION PASSED. AYES. LO, BERNALD, CAPPELLO, MILLER. NOES. NONE. ABSTAIN: NONE. ABSENT KUMAR. 4. PUBLIC HEARING 4.1. Formation of Arrowhead Community Facilities District Recommended Action: Open the continued public hearing and receive public testimony on formation of the Arrowhead Community Facilities District (No. 16-1); adopt a Resolution of Formation for Community Facilities District (No. 16-1), authorizing the levy of a special tax and preliminarily establishing appropriations limits for the district; adopt a Resolution Determining the Necessity to Incur Bond Indebtedness within Community Facilities District No. 16-1, and adopt a Resolution Calling for a Special Election in Community Facilities District No. 16-1 Crystal Bothelio, City Clerk/Asst. to the City Manager, presented the staff report on this item. Paul Hansen with Arrowhead Cooperative addressed the City Council. Mayor Lo invited public comment. No one requested to speak. RESOLUTIONS NO. 16-076, 16-077, & 16-078 CAPPELLO/BERNALD MOVED TO ADOPT A RESOLUTION OF FORMATION FOR COMMUNITY FACILITIES DISTRICT (NO. 16-1), AUTHORIZING THE LEVY OF A SPECIAL TAX AND PRELIMINARILY ESTABLISHING APPROPRIATIONS LIMITS FOR THE DISTRICT; ADOPT A RESOLUTION DETERMINING THE NECESSITY TO INCUR BOND INDEBTEDNESS WITHIN COMMUNITY FACILITIES DISTRICT NO. 16-1; AND ADOPT A RESOLUTION CALLING FOR A SPECIAL ELECTION IN COMMUNITY FACILITIES DISTRICT NO. 16-1. MOTION PASSED. AYES. LO, BERNALD CAPPELLO, MILLER. NOES: NONE. ABSTAIN- NONE. ABSENT KUMAR. 4.2. City Code Amendments to conform Second (Accessory) Dwelling Unit regulations with recently enacted State Laws Recommended Action: I Conduct a public hearing. 2. Introduce and waive the first reading of the ordinance. 3. Direct staff to place the ordinance on the Consent Calendar for adoption at the next regular meeting of the City Council. Erwin Ordonez, Community Development Director, presented the staff report for this item. Mayor Lo invited public comment. The following person requested to speak. Rina Shaw No one else requested to speak. BERNALD/CAPPELLO MOVED TO: 1) INTRODUCE AND WAIVE THE FIRST READING OF THE ORDINANCE; 2) DIRECT STAFF TO PLACE THE ORDINANCE ON THE CONSENT CALENDAR FOR ADOPTION AT THE NEXT REGULAR MEETING OF THE CITY COUNCIL; AND 3) PLACE AN ITEM ON THE CITY COUNCIL RETREAT AGENDA TO CONSIDER IN ANTICIPATION OF STATE LEGISLATION RELATED TO HOUSING. MOTION PASSED. AYES. LO. BERNALD CAPPELLO, MILLER. NOES. NONE. ABSTAIN: NONE. ABSENT KUMAR. 5. OLD BUSINESS None 6. NEW BUSINESS 6.1. Recommendation of Support of Designating the National Heritage Area by the Heritage Preservation Commission. Recommended Action: Adopt a resolution supporting designation of Santa Clara County as a National Heritage Area. Sung Kwon, Senior Planner, presented the staff report. Rod Diridon delivered a presentation to the City Council on National Heritage Area designations. Mayor Lo invited public comment on the item. No one requested to speak. RESOLUTION NO. —16-079 BERNALD/CAPPELLO MOVED TO ADOPT A RESOLUTION SUPPORTING DESIGNATION OF SANTA CLARA COUNTY AS A NATIONAL HERITAGE AREA. MOTION PASSED. AYES. LO, BERNALD, CAPPELLO. MILLER. NOES. NONE. ABSTAIN: NONE. ABSENT KUMAR. 6.2. Beekeeping Regulations Recommended Action: Review proposed modifications and direct staff to prepare an amendment to Saratoga s Beekeeping Ordinance (Section 7-20.230 of the Municipal Code). Nicole Johnson, Planner II, presented the staff report. Ken McKenzie, President of the Santa Clara Valley Beekeepers Guild, addressed the City Council. Mayor Lo invited public comment on the item. The following people requested to speak. Ken McKenzie, President of the Santa Clara Valley Beekeepers Guild Ann Waltonsmith No one else requested to speak. MILLER/BERNALD MOVED TO DIRECT STAFF TO PREPARE AN ORDINANCE AMENDING SARATOGA'S BEEKEEPING ORDINANCE (SECTION 7-20.230) AND FURTHER DIRECTED STAFF TO HELP PROMOTE BEEKEEPING EDUCATION AND TO PLACE THE MARCH BEEKEEPING WORKSHOP ON THE CITY COUNCIL CALENDAR. MOTION PASSED. AYES: LO, BERNALD, CAPPELLO. MILLER. NOES. NONE. ABSTAIN: NONE. ABSENT KUMAR. 6.3. Annual Audit Reports Recommended Action: 1 Review and accept the following annual audit reports for Fiscal Year 2015/16: A. Comprehensive Annual Financial Report (CAFR) B. Transportation Development Act Audit Report (MTC Grants) C Appropriation Limit Report (Gann) D. SAS 114 Report E. SAS 112 Report F State Controller's Office Financial Transaction Report Summary Tony McFarlane, Finance Manager, presented the staff report. Mayor Lo invited public comment on the item. No one requested to speak. MILLER/CAPPELLO MOVED TO ACCEPT THE FOLLOWING ANNUAL AUDIT REPORTS FOR FISCAL YEAR 2015/16: COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR); TRANSPORTATION DEVELOPMENT ACT AUDIT REPORT (MTC GRANTS); APPROPRIATION LIMIT REPORT (GANN); SAS 114 REPORT; SAS 112 REPORT; AND STATE CONTROLLER'S OFFICE FINANCIAL TRANSACTION REPORT SUMMARY MOTION PASSED. AYES. LO, BERNALD CAPPELLO, MILLER. NOES. NONE. ABSTAIN: NONE. ABSENT KUMAR. 6.4. Community Event and Street Closure Grant Program Recommended Action: Provide Direction on Fiscal Year 2017/18 Community Event Grant Program and Street Closure Grant Process. Lauren Pettipiece, Administrative Analyst 1, presented the staff report for this item. Mayor Lo invited public comment on the item. No one requested to speak. CAPPELLO/BERNALD MOVED TO DIRECT STAFF TO ALLOCATE $35,000 TO THE COMMUNITY EVENT GRANT PROGRAM FOR FISCAL YEAR 2017/18 WITH $19,500 OF THAT TOTAL RESERVED FOR SIX TRADITIONAL EVENTS/ORGANIZATIONS SHOWN BELOW AND THE REMAINING $15,500 AVAILABLE THROUGH THE REGULAR APPLICATION PROCESS: BLOSSOM FESTIVAL $5,000 CHAMBER OF COMMERCE EVENTS 58,000 FOURTH OF JULY CELEBRATION $2,500 MEMORIAL DAY OBSERVANCE $1,000 SARATOGA COMMUNITY BAND $1,000 SARATOGA VILLAGE DEVELOPMENT COUNCIL $2,000 STAFF WAS FURTHER DIRECTED TO ALLOCATE $20,000 TO THE STREET CLOSURE GRANT PROGRAM AND RESERVE THAT FUNDING FOR THE CHAMBER OF COMMERCE. MOTION PASSED. AYES. LO, BERNALD, CAPPELLO, MILLER. NOES. NONE. ABSTAIN: NONE. ABSENT KUMAR. 6.5. Consideration of Co -Sponsoring Community Conversations with the Saratoga Ministerial Association. Recommended Action: Direct staff accordingly City Manager James Lindsay introduced the item. Council Member Cappello provided additional information. Mayor Lo invited public comment on the item. The following person requested to speak: Ann Waltonsmith No one else requested to speak. CAPPELLO/MILLER MOVED TO CO-SPONSOR COMMUNITY CONVERSATIONS WITH THE SARATOGA MINISTERIAL ASSOCIATION BY PROVIDING VENUES AND PROVIDING ASSISTANCE IN PROMOTING EVENTS. MOTION PASSED. AYES: LO, BERNALD CAPPELLO. MILLER. NOES. NONE. ABSTAIN: NONE. ABSENT KUMAR. 6.6. Adoption of City Council Assignments Recommended Action: Approve the resolution adopting the 2017 City Council assignments. Crystal Bothelio, City Clerk/Asst. to the City Manager, presented the staff report. Mayor Lo invited public comment. No one requested to speak. MILLER/CAPPELLO MOVED TO APPROVE THE RESOLUTION ADOPTING THE 2017 CITY COUNCIL ASSIGNMENTS WITH COUNCIL MEMBER MILLER AND VICE MAYOR BERNALD ASSIGNED TO THE FINANCE COMMITTEE. MOTION FAILED. AYES. CAPPELLO, MILLER. NOES. LO, BERNALD. ABSTAIN: NONE. ABSENT Kl1MAR. RESOLUTION NO. 16-080 CAPPELI.O/MILLER MOVED TO APPROVE THE RESOLUTION ADOPTING THE 2017 CITY COUNCIL ASSIGNMENTS, NOT INCLUDING THF. FINANCE COMMITTEE; AND TO PLACE ASSIGNMENT OF FINANCE COMMITTEE MEMBERS AT THE NEXT REGULAR CITY COUNCIL MEETING. MOTION PASSED. AYES: LO, BERNALD, CAI'PELLO, MILLER. NOES. NONE ABSTAIN: NONE. ABSENT KIIMAR. CITY COUNCIL ASSIGNMENT REPORTS Mayor Emily Lo No report Vice Mayor Mary -Lynne Bemald Hakone Foundation Board —Vice Mayor Bemald attended the Hakone Foundation Executive Committee meeting in place of Mayor Lo. During the meeting, the group decided to proceed with a remodel of the CEC instead of constructing a new building and discussed the pond. Additionally, the CPA reported that Hakone's finances are solidly in the black. Council Member Manny Cappello Cities Association of Santa Clara County — Council Member Cappello requested a draft letter to the California Public Utilities Commission. Council Member Howard Miller Silicon Valley ('lean Energy Authority Board of Directors — Procurement agreements have been established and it looks like the Authority will be able to offer 100°5, greenhouse gas free electricity at a lower price than PG&E, as originally expected. Saratoga Ministerial Association - during the last meeting, discussion was primarily focused on the community conversation events that the City Council agreed to co-sponsor. VTA Board Nest Valley Cities Alternate — a meeting with representatives of BART was held at San Jose City Hall, including the BAR P Executive Board and Chief Operation Officer. During the meeting, the lack of funding available to purchase new cars transporting passengers to San Jose was discussed. Council Member Rishi Kumar No report CITY COUNCIL ITEMS Council Member Miller requested that staff add signage at doggy bag dispensers in City park and trails to remind residents that cats and dogs need to be licensed. Council Member Cappello supported the request. Council Member Miller requested discussion of Commission work plans at the City Council Retreat. Council Member Cappello supported the request. Council Member Miller requested discussion of the City Council seating arrangement at the dais to be included during the study session on City Council Norms. Council Member Cappello supported the request. Council Member Miller suggested that the Mayor consider raising the idea of a water community choice aggregation, similar to the one for energy, at West Valley Mayors and Managers. CITY MANAGER'S REPORT City Manager James Lindsay requested clarification on the letter requested by Council Member Cappello for the Cities Association. He also requested if the intent of Council Member Miller and Council Member Cappello was to discuss Commission work plans at the City Council Retreat. Council Member Miller said that the intent was to discuss the work plans at the Retreat, but it would be fine to do it at another appropriate time. It is beneficial to discuss the work plans at the Retreat. since that is when the Council is planning activities and priorities for the year. ADJOURNMENT CAPPELLO/BERNALD MOVED TO ADJOURN THE MEETING AT 9:56 P.M. MOTION PASSED. AYES. LO, BERNALD CAPPELLO, MILLER. NOES. NONE. ABSTAIN: NONE. ABSENT KUMAR. Minutes respectfully submitted: Crystal Bothelio, City Clerk City of Saratoga