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HomeMy WebLinkAbout12-06-2017 City Council minutesMINUTES WEDNESDAY, DECEMBER 6, 2017 SARATOGA CITY COUNCIL REGULAR MEETING At 6:00 p.m., the Council held a Joint Meeting with City of San Jose Animal Care & Services. Dottie Barney, Business Manager, gave an overview of the various contracted services available to Saratoga residents. Ms. Barney provided 2017 field service calls statistics, adoption efforts and funding resources. Council requested a follow up on the following items: dead animal pick up response time; and, description of the three levels of priorities and response time for each level. Ms. Barney concluded her presentation by announcing the December pet adoption promotion in which the fee is $20 for adopting any adult dog or cat. REORGANIZATION At 7:07 p.m., Mayor Lo called the Reorganization to order in the Civic Theater, Council Chambers at 13777 Fruitvale Avenue in Saratoga and led the Pledge of Allegiance. ROLL CALL PRESENT: Mayor Emily Lo, Council Members Manny Cappello, Howard Miller, Rishi Kumar ABSENT: Vice Mayor Mary -Lynne Bernald (excused) ALSO PRESENT: James Lindsay, City Manager Richard Taylor, City Attorney Crystal Bothelio, Deputy City Manager Nora Pimentel, City Clerk Mary Furey, Finance & Administrative Services Director John Cherbone, Public Works Director Sung Kwon, Senior Planner Christopher Riordan, Senior Planner Lauren Pettipiece, Administrative Analyst Debbie Bretschneider, Deputy City Clerk REPORT ON POSTING OF THE AGENDA City Clerk Nora Pimentel reported that the agenda for this meeting was properly posted on November 30, 2017. REPORT FROM JOINT MEETING Dottie Barney, City of San Jose Animal Care and Services Business Manager reported on the Joint meeting discussion which occurred earlier and reviewed the contracted services provided to Saratoga residents and announced the pet adoption promotion taking place in December as well as the importance to have pets licensed. Mayor Lo invited Council Member Miller to report on the Turkey Trot results, which took place on Thanksgiving. Saratoga City Council Minutes — Page 1 of 9 Council Member Miller announced that the City of Saratoga won the Mayor's Cup for the 7th consecutive year in the small cities category and presented the trophy to Mayor Lo. ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS Shozo Kagoshima, Hakone Foundation Executive Director, wished Vice Mayor Bernald a speedy and quick recovery. Tom Moran, KSAR Board President, wished Vice Mayor Bernald well. AGENDA ITEMS Remarks from Outgoing Mayor Recommended Action: Hear remarks from outgoing Mayor Emily Lo, members of the City Council, and public. Mayor Lo commented on her term as Mayor. Members of the City Council spoke about Mayor Lo's term as Mayor. Captain Rich Urena recognized Mayor Lo on behalf of Sherriff Smith and all the men and women of the Santa Clara County Sherriff's Office. Allen Chiu, representative from Assembly Member Evan Low's office, recognized Mayor Lo. Members of the City Council presented Mayor Lo with a gift. Appointment of Mayor & Vice Mayor Recommended Action: 1) City Clerk declares the offices of Mayor and Vice Mayor to be vacant; 2) Nomination of the Mayor; 3) Administer Oath of Office to New Mayor; 4) Nomination of the Vice Mayor; and 5) Administer Oath of Office to New Vice Mayor. City Clerk Nora Pimentel declared the office of the Mayor and Vice Mayor to be vacant. She invited nominations for the position of Mayor. CAPPELLO/LO NOMINATED MARY -LYNNE BERNALD TO THE POSITION OF MAYOR. MOTION PASSED. AYES: LO, CAPPELLO, MILLER, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: BERNALD. City Clerk Nora Pimentel invited nominations for the position of Vice Mayor. LO/MILLER NOMINATED MANNY CAPPELLO TO THE POSITION OF VICE MAYOR. MOTION PASSED. AYES: LO, CAPPELLO, MILLER, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: BERNALD. City Clerk Nora Pimentel administered the Oath of Office to Vice Mayor Cappello. Saratoga City Council Minutes — Page 2 of 9 Remarks from New Mayor and New Vice Mayor Recommended Action: Hear remarks from newly appointed Mayor and Vice Mayor, members of the City Council, and Public. Vice Mayor Cappello commented on his appointment as Vice Mayor. Members of the City Council spoke about the appointment of Mayor Bernald and Vice Mayor Cappello. Vice Mayor Cappello invited public comment. Paul Resnikoff, Mayor of Campbell, acknowledged former Mayor Lo and congratulated Mayor Bernald and Vice Mayor Cappello on their appointment. Vice Mayor Cappello called for a recess at 7:50 p.m. REGULAR SESSION Vice Mayor Cappello reconvened the Regular Session at 8:20 p.m. in the Civic Theater, Council Chambers at 13777 Fruitvale Avenue in Saratoga. ANNOUNCEMENTS Vice Mayor Capped • ii • l - . - s • . : • i s I -mwnts• (:elehration of Light on Saturday, December 16, 2017 in Blaney Plaza; Senior Center Holiday closure from December 25 through January 1, 2018; and Living Room Conversations on January 23, 2018 at 7:00 p.m. CEREMONIAL ITEMS Commendations for Outgoing City Commissioners Recommended Action: Read and present commendations. Vice Mayor Cappello and the City Council presented the commendation to John Chen for his service on the Traffic Safety Commission. Appointment of Commissioners & Oath of Office Recommended Action: Approve the attached resolution appointing 1 member to the Heritage Preservation Commission and 3 members to the Traffic Safety Commission; and direct the City Clerk to administer the Oath of Office. RESOLUTION NO. 17-062 Saratoga City Council Minutes — Page 3 of 9 KUMAR/LO MOVED TO ADOPT A RESOLUTION APPOINTING 1 MEMBER TO THE HERITAGE PRESERVATION COMMISSIONAND 3 MEMBERS TO THE TRAFFIC SAFETY COMMISSION. MOTION PASSED. AYES: CAPPELLO, MILLER, LO, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: BERNALD. City Clerk Nora Pimentel administered the oath of office. 1. CONSENT CALENDAR 1.1. City Council Meeting Minutes Recommended Action: Approve the City Council minutes for the Regular City Council Meeting on November 15, 2017. LO/KUMAR MOVED TO APPROVE THE CITY COUNCIL MINUTES FOR THE REGULAR CITY COUNCIL MEETING ON NOVEMBER 15, 2017. MOTION PASSED. AYES: CAPPELLO, MILLER, LO, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: BERNALD. 1.2. Review of Accounts Payable Check Registers Recommended Action: Review and accept check registers for the following accounts payable payment cycles: 11/14/2017 Period 5; 11/21/2017 Period 5; and 11/28/2017 Period 5. LO/KUMAR MOVED TO ACCEPT CHECK REGISTERS FOR THE FOLLOWING ACCOUNTS PAYABLE PAYMENT CYCLES: 11/14/2017 PERIOD 5; 11/21/2017 PERIOD 5; AND 11/28/2017 PERIOD 5. MOTION PASSED. AYES: CAPPELLO, MILLER, LO, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: BERNALD. 1 3 Treasurer's Report for the Month Ended October 31, 2017 Recommended Action: Review and accept the Treasurer's Report for the month ended October 31, 2017. LO/KUMAR MOVED TO ACCEPT THE TREASURER'S REPORT FOR THE MONTH ENDED OCTOBER 31, 2017. MOTION PASSED. AYES: CAPPELLO, MILLER, LO, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: BERNALD. 1.4. City Council Norms Update Recommended Action: Adopt a resolution amending the City of Saratoga City Council Norms of Operations Section 5.A Seating Arrangement of the City Council. RESOLUTION NO. 17-163 LO/KUMAR MOVED TO ADOPT A RESOLUTION AMENDING THE CITY OF SARATOGA CITY COUNCIL NORMS OF OPERATIONS SECTION 5.A SEATING ARRANGEMENT OF THE CITY COUNCIL. MOTION PASSED. AYES: CAPPELLO, MILLER, LO, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: BERNALD. Saratoga City Council Minutes — Page 4 of 9 1.5. Final map approval for two lots located on Mt. Eden Road (APN 503-13-127 & 128) Owners: Fred & Chris Irany and Robert & Jonlyn Karr Recommended Action: 1. Move to adopt Resolution granting final map approval of tentative map application No. SUB 10-0001 for two lots located on Mt. Eden Road (APN 503-13-127 & 503-13- 128). 2. Move to authorize the City Manager to execute the Subdivision Improvement Agreement. RESOLUTION NO. 17-064 LO/KUMAR MOVED TO ADOPT A RESOLUTION GRANTING FINAL MAP APPROVAL OF TENTATIVE MAP APPLICATION NO. SUB 10-0001 FOR TWO LOTS ON MT. EDEN ROAD (APN 503-13-127 & 503-13-128 AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE SUBDIVISION IMPROVEMENT AGREEMENT. MOTION PASSED. AYES: CAPPELLO, MILLER, LO, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: BERNALD. 1.6. Final Acceptance of Subdivision Dedication — Subdivision Application No. SUB08- 0002 Quito Road Recommended Action: 1. Move to accept offers of dedication within the Subdivision SUB08-0002. 2. Move to adopt the resolution rescinding the previously rejected Offers of Dedications and accepting dedication of streets or portions of streets and trails within Subdivision SUB08-0002 which includes incorporating the sidewalk and curb and gutter along a portion of Quito Road into the City's publicly maintained street system. RESOLUTION NO. 17-065 LO/KUMAR MOVED TO ADOPT A RESOLUTION -RESCINDING THE PREVIOUSLY REJECTED OFFERS OF DEDICTIONS AND ACCEPTING DEDICATION OF STREETS OR PORTIONS OF STREETS AND TRAILS WITHIN SUBDIVISION SUB08-0002 WHICH INCLUDES INCORPORATING THE SIDEWALK AND CURB AND GUTTER ALONG A PORTION OF QUITO ROAD INTO THE CITY'S PUBLICLY MAINTAINED STREET SYSTEM. MOTION PASSED. AYES: CAPPELLO, MILLER, LO, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: BERNALD. 2. PUBLIC HEARING 2.1. Proposed Modifications to the Sign Ordinance (Article 15-30) regarding lighting on signs and enforcement of the prohibition of off-site signs in the public right of way. Recommended Action: 1. Conduct a public hearing. 2. Introduce and waive the first reading of the ordinance (Attachment 1). 3. Direct staff to place the ordinance on the Consent Calendar for adoption at the next regular meeting of the City Council. Senior Planner Sung Kwon presented the staff report. Saratoga City Council Minutes — Page 5 of 9 Vice Mayor Cappello invited public comment on the item. Chuck Page expressed concern with the proposed modifications to the sign ordinance and proposed a recommendation to the Council for consideration. Rebecca Jepsen expressed concern that some people may ignore the new sign regulations. LO/MILLER MOVED TO INTRODUCE AND WAIVE FIRST READING OF PROPOSED MODIFICATIONS TO SIGN ORDINANCE (ARTICLE 15-30) REGARDING LIGHTING ON SIGNS AND ENFOREMENT OF THE PROHIBITION OF OF -SITE SIGNS IN THE PUBLIC RIGHT OF WAY. MOTION PASSED. AYES: CAPPELLO, MILLER, LO, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: BERNALD. The City Council directed staff to send out notices to those individuals who will most be affected by this change and directed the Finance Committee to assess whether additional resources to need to be allocated to code enforcement as a result of recent sign regulation changes. 2.2. Annual Code Update for 2017 Recommended Action: Conduct the public hearing, introduce and waive the first reading of the attached ordinance updating various provisions of the City Code and rescinding and issuing the final report on the Marijuana Cultivation Urgency Interim Ordinances, and direct staff to place the matter -----on-the-consent calendar for the next regular mee Richard Taylor, City Attorney presented the staff report. Senior Planner- Christopher Riordan addressed City Council questions. Vice Mayor Cappello invited public comment on this item. Tina Walia, Planning Commission Chair, explained the commission's intent as it related to the marking of trees for removal. MILLER/KUMAR MOVED TO INTRODUCE AND WAIVE FIRST READING OF PROPOSED ORDINANCE UPDATING VARIOUS PROVISIONS IN THE CITY CODE WITH A MODIFICATION TO 15.45.075(C)(8) TO READ AS FOLLOWS:TREE REMOVALS. ANY TREE PROPOSED FOR REMOVAL AS PART OF THE PROPOSED PROJECT SHALL BE CLEARLY MARKED IN THE FIELD. ACCEPTABLE MEANS OF IDENTIFYING TREES INCLUDE USING FLUORESCENT TAPE WRAPPED AROUND THE TREE'S TRUNK, REMOVABLE MARKING ON THE TREE TRUNK THAT IS EASILY VISIBLE, OR ANOTHER MEANS APPROVED BY THE COMMUNITY DEVELOPMENT DIRECTOR. MOTION PASSED. AYES: CAPPELLO, MILLER, LO, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: BERNALD Saratoga City Council Minutes — Page 6 of 9 3. GENERAL BUSINESS 3.1. Approve Contract with BKF Engineers for 90% design of the Guava Court Pedestrian Railroad Crossing in the amount of $135,380 Recommended Action: Approve and authorize the City Manager to execute a contract with BKF Engineers for 90% design of the Guava Court Pedestrian Railroad Crossing in the amount of $135,380. John Cherbone, Public Works Director, presented the staff report. Vice Mayor Cappello invited public comment on this item. No one requested to speak. MILLER/KUMAR MOVED TO AUTHORIZE THE CITY MANAGER TO EXECUTE A CONTRACT WITH BKF ENGINEERS FOR 90% DESIGN OF THE GUAVA COURT PEDESTRIAN RAILROAD CROSSING IN THE AMOUNT OF $135,380. MOTION PASSED. AYES: CAPPELLO, MILLER, LO, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: BERNALD. 3.2. Public Safety Task Force Funding Requests & Fundraising Plan Recommended Action: Consider request from the Public Safety Task Force to: 1) allocate funds for various Public Safety Task Force work plan items; and 2) approve a fundraising plan for the Saratoga Safety Fair. Deputy City Manager Crystal Bothelio presented the staff report. Council's questions. Vice Mayor Cappello invited public comment on this item. No one requested to speak. KUMAR/LO MOVED TO ALLOCATE $12,100 IN FISCAL YEAR 2017/18 FOR VARIOUS PUBLIC SAFETY TASK FORCE WORK PLAN ITEMS, WITH $6,725 OF THE ALLOCATION FROM THE NEIGHBORHOOD WATCH GRANT AND $5,375 FROM THE CITY COUNCIL DISCRETIONARY FUND; DIRECTED STAFF TO ALLOCATE $16,200 IN THE FISCAL YEAR 2018/19 BUDGET FOR PUBLIC SAFETY TASK FORCE WORK PLAN ITEMS; AND APPROVE THE FUNDRAISING PLAN FOR THE SARATOGA SAFETY FAIR WTH THE EXCLUSION OF FIREARMS DEALERS OR COMPANIES FROM PARTICIPATING IN THE RESOURCE FAIR OR SPONSORING THE EVENT. MOTION PASSED. AYES: CAPPELLO, MILLER, LO, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: BERNALD. Saratoga City Council Minutes — Page 7 of 9 Following Council discussion and deliberation, it was noted that the Task Force has discretion to establish any other reasonable guidelines on resource table or sponsorship restrictions. 3.3. Review of City Council Assignments Recommended Action: Review the list of City Council assignments and provide direction on changes to items included in the assignments. City Clerk Nora Pimentel presented the staff report. Following Council discussion and deliberation it was agreed by the Council to leave the assignments as is until the following meeting in December. COUNCIL ASSIGNMENTS Mayor Mary -Lynne Bernald None Vice Mayor Manny Cappello Cities Association of Santa Clara County — no scheduled meeting for December, but there is a holiday dinner scheduled for Saturday, December 9, 2017. Council Member Howard Miller Saratoga Ministerial Association — had a meeting. Silicon Valley Clean Energy Authority Board of Directors — CEO interviews are complete and the Board is in the final negotiating steps for a new CEO. The Board continues to work towards maintaining rates at least 1% less than PG&E. Valley Transportation Authority (VTA) Policy Advisory Committee — met and developed a policy VTA State Route 85 Corridor Policy Advisory Board — the Board met. Council Member Emily Lo Public Art Committee — the scheduled meeting for this week was postponed. Council Member Rishi Kumar Saratoga Chamber of Commerce & Destination Saratoga — there has been no meeting since the last update. Saratoga Sister City Organization — meeting was cancelled. Santa Clara County Expressway Plan 2040 Policy Advisory Board — scheduled meeting for December was pushed out to January. CITY COUNCIL ITEMS None Saratoga City Council Minutes — Page 8 of 9 CITY MANAGER'S REPORT City Manager James Lindsay reminded the City Council that pursuant to the Capital Improvement Program policy, the next meeting is the last opportunity for Council to nominate projects for next Fiscal Year. He also reported that the recruitment efforts for a new Community Development Director are going well and he is down to the final candidates. ADJOURNMENT Vice Mayor Cappello adjourned the regular meeting at 9:58 p.m. Minutes res • ectfully submitted: Nora ' imentel, CM City Clerk, City of Saratoga Saratoga City Council Minutes — Page 9 of 9