HomeMy WebLinkAbout12-20-2017 City Council MinutesSaratoga City Council Minutes – Page 1 of 8
MINUTES
WEDNESDAY, DECEMBER 20, 2017
SARATOGA CITY COUNCIL REGULAR MEETING
At 7:04 p.m., Mayor Bernald called the Regular Session to order in the Civic Theater, Council
Chambers at 13777 Fruitvale Avenue in Saratoga and led the Pledge of Allegiance.
ROLL CALL
PRESENT: Mayor Mary-Lynne Bernald, Vice Mayor Manny Cappello
Council Members, Howard Miller, Emily Lo
ABSENT: Rishi Kumar
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
Michael Taylor, Recreation Director
Lauren Pettipiece, Administrative Analyst
Sung Kwon, Senior Planner
REPORT ON POSTING OF THE AGENDA
City Clerk Nora Pimentel reported that the agenda for this meeting was properly posted on
December 14, 2017.
ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS
None
ANNOUNCEMENTS
Mayor Bernald announced the following: expansion of Saratoga Library hours; and KSAR event
filming services.
CEREMONIAL ITEMS
Oath of Office for Mayor Mary-Lynne Bernald
Recommended Action:
Direct the City Clerk to administer the Oath of Office to new Mayor, Mary-Lynne Bernald.
City Clerk Nora Pimentel administered the Oath of Office to Mayor Mary-Lynne Bernald.
Mayor Bernald commented on what she would like to accomplish during her term as Mayor.
Saratoga City Council Minutes – Page 2 of 8
Recognition of the Santa Clara County Sheriff’s Office
Recommended Action:
Present commendations to representatives to the Santa Clara County Sheriff’s Office.
Mayor Bernald and the City Council presented commendations to the Santa Clara County
Sheriff’s Office.
1. CONSENT CALENDAR
1.1. City Council Meeting Minutes
Recommended Action:
Approve the City Council minutes for the Regular City Council Meeting on December 6,
2017.
CAPPELLO/LO MOVED TO APPROVE THE CITY COUNCIL MINUTES FOR THE
REGULAR CITY COUNCIL MEETING ON DECEMBER 6, 2017. MOTION PASSED.
AYES: BERNALD, CAPPELLO, MILLER, LO. NOES: NONE. ABSTAIN: NONE.
ABSENT: KUMAR.
1.2. Review of Accounts Payable Check Registers
Recommended Action:
Review and accept check registers for the following accounts payable payment cycles:
12/5/2017 Period 6 and 12/12/2017 Period 6.
CAPPELLO/LO MOVED TO ACCEPT CHECK REGISTERS FOR THE
FOLLOWING ACCOUNTS PAYABLE PAYMENT CYCLES: 12/5/2017 PERIOD 6
AND 12/12/2017 PERIOD 6. MOTION PASSED. AYES: BERNALD, CAPPELLO,
MILLER, LO. NOES: NONE. ABSTAIN: NONE. ABSENT: KUMAR.
1.3. Annual Code Update for 2017
Recommended Action:
Waive the second reading and adopt the attached ordinance updating various provisions of
the City Code and rescinding and issuing the final report on the Marijuana Cultivation
Urgency Interim Ordinances.
ORDINANCE 354
CAPPELLO/LO MOVED TO WAIVE THE SECOND READING AND ADOPT
ORDINANCE 354 UPDATING VARIOUS PROVISIONS OF THE CITY CODE AND
RESCINDING AND ISSUING THE FINAL REPORT ON THE MARIJUANA
CULTIVATION URGENCY INTERIM ORDINANCES. MOTION PASSED. AYES:
BERNALD, CAPPELLO, MILLER, LO. NOES: NONE. ABSTAIN: NONE. ABSENT:
KUMAR.
Saratoga City Council Minutes – Page 3 of 8
1.4. 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:
Waive the second reading and adopt the attached ordinance regarding lighting on signs and
enforcement of the prohibition of off-site signs in the public right of way.
ORDINANCE 353
CAPPELLO/LO MOVED TO WAIVE THE SECOND READING AND ADOPT
ORDINANCE 353 REGARDING LIGHTING ON SIGNS AND ENFORCEMENT OF
THE PROHIBITION OF OFF-SITE SIGNS IN THE PUBLIC RIGHT OF WAY.
MOTION PASSED. AYES: BERNALD, CAPPELLO, MILLER, LO. NOES: NONE.
ABSTAIN: NONE. ABSENT: KUMAR
1.5. Notice of Completion - Damon Lane Retaining Wall Replacement Project
Recommended Action:
Move to accept the Damon Lane Retaining Wall Replacement Project contract as complete
and authorize staff to record the Notice of Completion.
CAPPELLO/LO MOVED TO ACCEPT THE DAMON LANE RETAINING WALL
REPLACEMENT PROJECT CONTRACT AS COMPLETE AND AUTHORIZE
STAFF TO RECORD THE NOTICE OF COMPLETION. MOTION PASSED. AYES:
BERNALD, CAPPELLO, MILLER, LO. NOES: NONE. ABSTAIN: NONE. ABSENT:
KUMAR
1.6. Amendment to Increase Contract Payment Terms with Siemens Industry Inc. for
Traffic Signals and Lighted Crosswalks Maintenance, Call-outs and Repairs for FY17-18
Recommended Action:
Move to accept an amendment to the contract with Siemens Industry, Inc. for an additional
$27,000 in payment terms for call-outs and repair work for Fiscal year 2017-2018.
CAPPELLO/LO MOVED TO ACCEPT AN AMENDMENT TO THE CONTRACT
WITH SIEMENS INDUSTRY, INC. FOR AN ADDITIONAL $27,000 IN PAYMENT
TERMS FOR CALL-OUTS AND REPAIR WORK FOR FISCAL YEAR 2017-2018.
MOTION PASSED. AYES: BERNALD, CAPPELLO, MILLER, LO. NOES: NONE.
ABSTAIN: NONE. ABSENT: KUMAR
1.7. Facility Use Agreement with the Saratoga Federated Church for Use of Storage Area
for Emergency Operations Center Supplies
Recommended Action:
Authorize the City Manager to sign the Joint Use Agreement with Saratoga Federated
Church for use of the enclosed storage area at the rear of the building located at 14382
Saratoga Avenue for storing emergency supplies.
Saratoga City Council Minutes – Page 4 of 8
CAPPELLO/LO MOVED TO AUTHORIZE THE CITY MANAGER TO SIGN THE
JOINT USE AGREEMENT WITH SARATOGA FEDERATED CHURCH FOR USE
OF THE ENCLOSED STORAGE AREA AT THE REAR OF THE BUILDING
LOCATED AT 14382 SARATOGA AVENUE FOR STORING EMERGENCY
SUPPLIES. MOTION PASSED. AYES: BERNALD, CAPPELLO, MILLER, LO. NOES:
NONE. ABSTAIN: NONE. ABSENT: KUMAR
1.8. Participation in the Pooled Liability Assurance Network Joint Powers Authority
Recommended Action:
Adopt a Resolution authorizing the City of Saratoga to participate in the Pooled Liability
Assurance Network Joint Powers Authority. Appoint Michael Taylor to serve as Saratoga’s
representative on the PLAN JPA Board of Directors and designate Mary Furey as the
Alternate.
RESOLUTION NO. 17-066
CAPPELLO/LO MOVED TO ADOPT A RESOLUTION AUTHORIZING THE CITY
OF SARATOGA TO PARTICIPATE IN THE POOLED LIABILITY ASSURANCE
NETWORK JOINT POWERS AUTHORITY. APPOINT MICHAEL TAYLOR TO
SERVE AS SARATOGA’S REPRESENTATIVE ON THE PLAN JPA BOARD OF
DIRECTORS AND DESIGNATE MARY FUREY AS THE ALTERNATE. MOTION
PASSED. AYES: BERNALD, CAPPELLO, MILLER, LO. NOES: NONE. ABSTAIN:
NONE. ABSENT: KUMAR
1.9. Commission Qualifications and Terms Expiring in 2018
Recommended Action:
Accept the list of Commission qualifications and terms expiring in the 2018 calendar year.
Council Member Miller pulled this item for discussion.
MILLER/CAPPELLO MOVED TO ACCEPT THE LIST OF COMMISSION
QUALIFICATIONS AND TERMS EXPIRING IN THE 2018 CALENDAR YEAR.
MOTION PASSED. AYES: BERNALD, CAPPELLO, MILLER, LO. NOES: NONE.
ABSTAIN: NONE. ABSENT: KUMAR
1.10. Annual Audit Reports
Recommended Action:
Review and accept the following annual audit reports for Fiscal Year 2016/17: A.
Comprehensive Annual Financial Report (CAFR); B. Transportation Development Act
Audit Report (MTC Grants); C. Single Audit Report; D. Appropriation Limit Report
(Gann); E. SAS 114 Report; F. SAS 112 Report; and, G. State Controller’s Office Financial
Transaction Report Summary.
Saratoga City Council Minutes – Page 5 of 8
CAPPELLO/LO MOVED TO ACCEPT THE FOLLOWING ANNUAL AUDIT
REPORTS FOR FISCAL YEAR 2016/17: A. COMPREHENSIVE ANNUAL
FINANCIAL REPORT (CAFR); B. TRANSPORTATION DEVELOPMENT ACT
AUDIT REPORT (MTC GRANTS); C. SINGLE AUDIT REPORT; D.
APPROPRIATION LIMIT REPORT (GANN); E. SAS 114 REPORT; F. SAS 112
REPORT; AND, G. STATE CONTROLLER’S OFFICE FINANCIAL
TRANSACTION REPORT SUMMARY. MOTION PASSED. AYES: BERNALD,
CAPPELLO, MILLER, LO. NOES: NONE. ABSTAIN: NONE. ABSENT: KUMAR
2. PUBLIC HEARING
None
3. GENERAL BUSINESS
3.1. Community Event and Street Closure Grant Program
Recommended Action:
Provide direction on the amount of Community Event Grant Program and Street Closure
Grant funds, the secured funding for traditional events/organizations, and the proposed
timeline for the Fiscal Year 2018/19 Community Event Grant Program and Street Closure
Grant.
Administrative Analyst Lauren Pettipiece, presented the staff report.
Mayor Bernald invited public comment.
William Brooks on behalf of the Chamber of Commerce announced that he was available to
answer any questions.
MILLER/CAPPELLO MOVED TO APROVE ALLOCATING $40,000 FOR THE
COMMUNITY EVENT GRANT PROGRAM AND STREET CLOSURE GRANT
FUNDS, AND APPROVED THE PROPOSED TIMELINE FOR THE FISCAL YEAR
2018/19 COMMUNITY EVENT GRANT PROGRAM AND STREET CLOSURE
GRANT. MOTION PASSED. AYES: BERNALD, CAPPELLO, MILLER, LO. NOES:
NONE. ABSTAIN: NONE. ABSENT: KUMAR
3.2. Quarterly Communications Report
Recommended Action:
Receive report and provide feedback.
Administrative Analyst Lauren Pettipiece, presented the staff report.
Council Member Miller requested that staff provide San José City Council Member Chappie
Jones a copy of the City of Saratoga’s most recent leaf blower ordinance.
Council Member Lo requested leaving certain content for a longer period of time.
Mayor Bernald invited public comment.
Saratoga City Council Minutes – Page 6 of 8
No one requested to speak.
3.3. Budget Adjustment and Contract Authorization for General Plan Update & EIR,
Traffic Analysis, and CEQA Support
Recommended Action:
Adopt a budget adjustment to transfer $57,909 from the General Fund’s Development
Reserve to the General Plan Update & EIR CIP project; authorize the City Manager to 1)
enter into a two-year contract with M-Group for the General Plan Update and EIR, and 2)
enter into a two-year contract with Fehr & Peers to update the Circulation element;
authorize additional City Attorney review for this project funded by the Capital
Improvement Program Budget item.
Senior Planner Sung Kwon, presented the staff report
Mayor Bernald asked for public comment.
No one requested to speak.
RESOLUTION NO. 17-067
MILLER/CAPPELLO MOVED TO ADOPT A BUDGET ADJUSTMENT TO
TRANSFER $57,909 FROM THE GENERAL FUND’S DEVELOPMENT RESERVE
TO THE GENERAL PLAN UPDATE & EIR CIP PROJECT; AUTHORIZE THE
CITY MANAGER TO 1) ENTER INTO A TWO-YEAR CONTRACT WITH M-
GROUP FOR THE GENERAL PLAN UPDATE AND EIR, AND 2) ENTER INTO A
TWO-YEAR CONTRACT WITH FEHR & PEERS TO UPDATE THE
CIRCULATION ELEMENT; AUTHORIZE ADDITIONAL CITY ATTORNEY
REVIEW FOR THIS PROJECT FUNDED BY THE CAPITAL IMPROVEMENT
PROGRAM BUDGET ITEM. MOTION PASSED. AYES: BERNALD, CAPPELLO,
MILLER, LO. NOES: NONE. ABSTAIN: NONE. ABSENT: KUMAR
3.4. Adoption of City Council Assignments
Recommended Action:
Approve the resolution adopting the 2018 Council assignments.
City Clerk Nora Pimentel, presented the staff report.
Mayor Bernald invited public comment.
No one requested to speak.
RESOLUTION NO. 17-068
MILLER/LO MOVED TO APPROVE THE RESOLUTION ADOPTING THE 2018
COUNCIL ASSIGNMENTS. MOTION PASSED. AYES: BERNALD, CAPPELLO,
MILLER, LO. NOES: NONE. ABSTAIN: NONE. ABSENT: KUMAR
Saratoga City Council Minutes – Page 7 of 8
COUNCIL ASSIGNMENTS
Mayor Mary-Lynne Bernald
South Flow Arrivals Ad Hoc Committee – Mayor Bernald reported that Jim Web is retiring in
mid-January.
Vice Mayor Manny Cappello
West Valley Sanitation District – Vice Mayor Cappello attended the last meeting and reported on
the short term solution regarding the clean water program and said more details to follow at a
later time. The District elected various representatives to a couple of advisory committees and
boards.
Council Member Howard Miller
Silicon Valley Clean Energy Authority Board of Directors – Council Member Miller provide an
update which included the hiring of a new Chief Executive and the City of Milpitas has officially
been included.
Valley Transportation Authority (VTA) Policy Advisory Committee – Council Member Miller
reported that the shuttle policy was adopted and it will allow and organize corporate shuttles to
use VTA bus facilities.
VTA State Route 85 Corridor Policy Advisory Board – Council Member Miller reported
attending the board meeting and the update received on the analysis being done on data sources
from cell phones.
Council Member Emily Lo
Hakone Foundation Board & Executive Committee- Council Member Lo reported that she was
not able to attend the last meeting but did receive an update from the board and shared that
information with the Council.
Santa Clara County Library Joint Powers Authority – Council Member Lo reported attending the
meeting as an observant which related to the preliminary work plan for 2018 and said that at the
next meeting there will be some refinement before it is presented to the City Council in the
spring in a joint meeting.
Council Member Rishi Kumar
None
CITY COUNCIL ITEMS
None
CITY MANAGER'S REPORT
City Manager James Lindsay reminded Council that it was their last opportunity for any Council
nominated CIP projects for Councils consideration during the prioritization process in February
and announced City Hall’s upcoming holiday hours and closure.
Mayor Bernald announced that she would be undergoing hip replacement surgery on January 8,
2018 and would not be available for the January 17, 2018 meeting.