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HomeMy WebLinkAbout04-17-2019 City Council MinutesMINUTES WEDNESDAY, APRIL 17, 2019 SARATOGA CITY COUNCIL REGULAR MEETING At 5:00 p.m., the City Council held a Closed Session in the Linda Callon Conference Room at 13777 Fruitvale Avenue in Saratoga. At 5:30 p.m., the City Council held a Joint Meeting with Mountain Winery in the Linda Callon Conference Room at 13777 Fruitvale Avenue in Saratoga. Mayor Cappello called the Regular Session to order in the Civic Theater, Council Chambers at 13777 Fruitvale Avenue in Saratoga at 7:03 p.m. and led the Pledge of Allegiance. ROLL CALL PRESENT: Mayor Manny Cappello, Vice Mayor Howard A. Miller, Council Members Rishi Kumar, Mary -Lynne Bemald, Yan Zhao ABSENT: None ALSO PRESENT: James Lindsay, City Manager Richard Taylor, City Attorney Crystal Bothelio, Deputy City Manager Debbie Bretschneider, City Clerk John Cherbone, Public Works Director Debbie Pedro, Community Development Director Mary Furey, Finance & Administrative Services Director Michael Taylor, Recreation & Facilities Director Chris Riordan, Senior Planner Lauren Pettipiece, Public Information Officer Gina Scott, Accounting Tech REPORT ON POSTING OF THE AGENDA City Clerk Debbie Bretschneider reported that the agenda for this meeting was properly posted on April 12, 2019. REPORT FROM CLOSED SESSION Mayor Cappello announced that there is no report from the Closed Session. REPORT FROM JOINT MEETING Bill Hirschman, co-owner of Mountain Winery, reported on the Joint Meeting with the City Council. Saratoga City Council Minutes — April 17, 2019 .., Page 1 of 12 ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS Lisa Oakley, Madronia Board Member, spoke about bringing Wreaths Across America to Madronia Cemetery. Bernadette Reed spoke about an issue with construction noise near her house. ANNOUNCEMENTS Mayor Cappello announced the West Valley Striders kickoff, Living Room Conversations, Arbor Day, and Community Wildfire Preparedness meetings. CEREMONIAL ITEMS Commendation for E.J. Tim Harris Recommended Action: Present the commendation to E.J. Tim Harris. Mayor Cappello and the City Council presented the commendation to E.J. Tim Harris. Proclamation Declaring May 12, 2019 as Courageous Kids Day Recommended Action: Present the proclamation to members of the leadership of Courageous Kids Day. Mayor Cappello and the City Council presented the proclamation to members of Courageous Kids Day. Public Safety Task Force Appointment Recommended Action: Approve the resolution adding a 6th member to the Public Safety Task Force, appointing a member to the Task Force, and directing the City Clerk to administer the Oath of Office to the Public Safety Task Force Member. RESOLUTION 19-013 BERNALD/MILLER MOVED TO APPROVE THE RESOLUTION ADDING A 6TH MEMBER TO THE PUBLIC SAFETY TASK FORCE, APPOINTING A MEMBER TO THE TASK FORCE, AND DIRECTING THE CITY CLERK TO ADMINISTER THE OATH OF OFFICE TO THE PUBLIC SAFETY TASK FORCE MEMBER. MOTION PASSED. AYES: CAPPELLO, MILLER, KUMAR, BERNALD, ZHAO. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. Saratoga City Council Minutes — April 17, 2019 — Page 2 of 12 1. CONSENT CALENDAR 1.1. City Council Meeting Minutes Recommended Action: Approve the City Council minutes for the Special City Council Meeting on March 11, 2019 and the Regular City Council Meeting March 20, 2019. BERNALD/KUMAR MOVED TO APPROVE THE CITY COUNCIL MINUTES FOR THE SPECIAL CITY COUNCIL MEETING ON MARCH 11, 2019 AND THE REGULAR CITY COUNCIL MEETING MARCH 20, 2019. MOTION PASSED. AYES: CAPPELLO, MILLER, KUMAR, BERNALD, ZHAO. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 1.2. Review of Accounts Payable Check Registers Recommended Action: Review and accept check registers for the following accounts payable payment cycles: 03/19/2019 Period 9; 03/27/2019 Period 9; 04/02/2019 Period 10; and 04/09/2019 Period 10. BERNALD/KUMAR MOVED TO ACCEPT CHECK REGISTERS FOR THE FOLLOWING ACCOUNTS PAYABLE PAYMENT CYCLES: 03/19/2019 PERIOD 9; 03/27/2019 PERIOD 9; 04/02/2019 PERIOD 10; AND 04/09/2019 PERIOD 10. MOTION PASSED. AYES: CAPPELLO, MILLER, KUMAR, BERNALD, ZHAO. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 1.3. Treasurer's Report for the Month Ended February 28, 2019 Recommended Action: Review and accept the Treasurer's Report for the month ended February 28, 2019. BERNALD/KUMAR MOVED TO ACCEPT THE TREASURER'S REPORT FOR THE MONTH ENDED FEBRUARY 28, 2019. MOTION PASSED. AYES: CAPPELLO, MILLER, KUMAR, BERNALD, ZHAO. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 1.4. Amendment of Contract with Almaden Press for Printing Services Recommended Action: Authorize the City Manager to execute the contract amendment with Almaden Press for $4,000 in additional funding for recreation activity guide printing and mailing services for a total amount not to exceed $36,000. BERNALD/KUMAR MOVED TO AUTHORIZE THE CITY MANAGER TO EXECUTE THE CONTRACT AMENDMENT WITH ALMADEN PRESS FOR $4,000 IN ADDITIONAL FUNDING FOR RECREATION ACTIVITY GUIDE PRINTING AND MAILING SERVICES FOR A TOTAL AMOUNT NOT TO EXCEED $36,000. MOTION PASSED. AYES: CAPPELLO, MILLER, KUMAR, BERNALD, ZHAO. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. Saratoga City Council Minutes — April 17, 2019 — Page 3 of 12 1.5. Amendment of Contract with BMI for Document Scanning Services Recommended Action: Authorize the City Manager to amend the contract with BMI Imaging Systems for city-wide document scanning services in the amount of $74,500.00. BERNALD/KUMAR MOVED TO AUTHORIZE THE CITY MANAGER TO AMEND THE CONTRACT WITH BMI IMAGING SYSTEMS FOR CITY-WIDE DOCUMENT SCANNING SERVICES IN THE AMOUNT OF $74,500.00. MOTION PASSED. AYES: CAPPELLO, MILLER, KUMAR, BERNALD, ZHAO. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 1.6. Resolution to adopt a list of projects funded by SB 1 for FY 2019-20: The Road Repair and Accountability Act for funding the Annual Roadway Improvements Project. Recommended Action: Adopt Resolution to adopt a list of projects funded by SB 1 for FY 2019-20: The Road Repair and Accountability Act for funding the Annual Roadway Improvements Project. RESOLUTION 19-014 BERNALD/KUMAR MOVED TO ADOPT THE RESOLUTION TO ADOPT A LIST OF PROJECTS FUNDED BY SB 1 FOR FY 2019-20: THE ROAD REPAIR AND ACCOUNTABILITY ACT FOR FUNDING THE ANNUAL ROADWAY IMPROVEMENTS PROJECT. MOTION PASSED. AYES: CAPPELLO, MILLER, KUMAR, BERNALD, ZHAO. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 1.7. Vacation of Unused Portion of Saratoga -Sunnyvale Road, Vacation of Portions of Various Public Easements, and Sale of Vacated Portion of Road Recommended Action: 1. Adopt resolution vacating an unused portion of Saratoga -Sunnyvale Road, vacating a portion of a Public Utility Easement, vacating a portion of a Fence Easement, and vacating a portion of a Non -Access Easement. 2. Adopt resolution approving a Purchase and Sale Agreement with the property owner of 13251 Paramount Drive for the vacated portion of Saratoga -Sunnyvale Road, in the amount of $92,183.20. RESOLUTIONS 19-015 & 19-016 BERNALD/KUMAR MOVED TO ADOPT THE RESOLUTION VACATING AN UNUSED PORTION OF SARATOGA-SUNNYVALE ROAD, VACATING A PORTION OF A PUBLIC UTILITY EASEMENT, VACATING A PORTION OF A FENCE EASEMENT, AND VACATING A PORTION OF A NON -ACCESS EASEMENT AND TO ADOPT THE RESOLUTION APPROVING A PURCHASE AND SALE AGREEMENT WITH THE PROPERTY OWNER OF 13251 PARAMOUNT DRIVE FOR THE VACATED PORTION OF SARATOGA- SUNNYVALE ROAD, IN THE AMOUNT OF $92,183.20. MOTION PASSED. AYES: Saratoga City Council Minutes — April 17, 2019 — Page 4 of 12 CAPPELLO, MILLER, KUMAR, BERNALD, ZHAO. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 1.8. Amendment to Ecological Consulting Services Contract with H.T. Harvey & Associates for the Saratoga -to -the -Sea Trail Project Recommended Action: 1. Move to accept an amendment to the contract for Ecological Consulting services with H.T. Harvey & Associates for the Saratoga -to -the -Sea Trail Project, in the amount of $35,342. 2. Move to accept a 10% contingency for this amendment, in the amount of $3,534. BERNALD/KUMAR MOVED TO ACCEPT AN AMENDMENT TO THE CONTRACT FOR ECOLOGICAL CONSULTING SERVICES WITH H.T. HARVEY & ASSOCIATES FOR THE SARATOGA-TO-THE-SEA TRAIL PROJECT, IN THE AMOUNT OF $35,342 AND TO ACCEPT A 10% CONTINGENCY FOR THIS AMENDMENT, IN THE AMOUNT OF $3,534. MOTION PASSED. AYES: CAPPELLO, MILLER, KUMAR, BERNALD, ZHAO. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 1.9. 2018/19 Winter Storm Damage - Budget Amendment Recommended Action: Authorize the City Manager to use Hillside Reserve funds in the amount of $55,000 for repairs. RESOLUTION 19-017 BERNALD/KUMAR MOVED TO APPROVE THE BUDGET AMENDMENT RESOLUTION AND TO AUTHORIZE THE CITY MANAGER TO USE HILLSIDE RESERVE FUNDS IN THE AMOUNT OF $55,000 FOR REPAIRS. MOTION PASSED. AYES: CAPPELLO, MILLER, KUMAR, BERNALD, ZHAO. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 1.10. Cost Sharing Agreement for Annexation of The Mountain Winery Recommended Action: Authorize the City Manager to execute a cost sharing agreement with The Mountain Winery for work associated with the annexation of the subject property into the City of Saratoga. BERNALD/KUMAR MOVED TO AUTHORIZE THE CITY MANAGER TO EXECUTE A COST SHARING AGREEMENT WITH THE MOUNTAIN WINERY FOR WORK ASSOCIATED WITH THE ANNEXATION OF THE SUBJECT PROPERTY INTO THE CITY OF SARATOGA. MOTION PASSED. AYES: CAPPELLO, MILLER, KUMAR, BERNALD, ZHAO. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. Saratoga City Council Minutes — April 17, 2019 — Page 5 of 12 1.11. Landscaping and Lighting Assessment District LLA-1; Preliminary Approval of Engineer's Report and Adoption of Resolution of Intention for FY 19-20 Recommended Action: 1. Move to adopt the Resolution granting preliminary approval of the Engineer's Report for FY 19-20 for renewing the Landscaping and Lighting Assessment District LLA-1. 2. Move to adopt the Resolution of Intention. RESOLUTION 19-018 & 19-019 BERNALD/KUMAR MOVE TO ADOPT THE RESOLUTION GRANTING PRELIMINARY APPROVAL OF THE ENGINEER'S REPORT FOR FY 19-20 FOR RENEWING THE LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT LLA-1 AND TO ADOPT THE RESOLUTION OF INTENTION. MOTION PASSED. AYES: CAPPELLO, MILLER, KUMAR, BERNALD, ZHAO. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 2. PUBLIC HEARING 2.1. APCC 19-0002 - Appeal of a modification to an existing Conditional Use Permit for Brookside Club of Saratoga located at 19127 Cox Avenue Recommended Action: Adopt the resolution denying appeal APCC 19-0002 approving the proposed modifications to the existing Conditional Use Permit (CUP13-0002) for the Brookside Club of Saratoga (Brookside Club). Mayor Cappello recused himself from the public hearing and left the Theater. Chris Riordan, Senior Planner, presented the staff report. Vice Mayor Miller opened the public hearing. The appellant, Declan Shalvey, provided opening remarks. The applicants, Simon Stuart and Nick Berg, provided opening remarks. Tom Sloane, Architect, answered questions from the Council. Vice Mayor Miller invited public comment on the item. The following people requested to speak: Joyce Mitakides spoke in support of the appeal Sanjay Thekdi spoke in support of the appeal Kathy Fedeli spoke in support of the appeal Saratoga City Council Minutes — April 17, 2019 — Page 6 of 12 Priya Parthasarathy spoke in support of the appeal Bob Salutric spoke in support of the appeal Pat Pors spoke in support of the appeal Eleanor Shalvey spoke in support of the appeal Calista Martire spoke against the appeal Muriel Mahuer spoke against the appeal Terry Cabinha spoke in support of the appeal Neil Cabrina spoke in support of the appeal Kim Fanucchi spoke against the appeal Jim Fanucchi spoke against the appeal G.P. Martire spoke against the appeal Sheila Picket spoke against the appeal Julie Angell spoke against the appeal Caitlin Molsberry spoke against the appeal Karen Klaas spoke against the appeal Gary C. Fussell spoke against the appeal Caroline Schuyler spoke against the appeal Sally McElraveg spoke against the appeal Phil Wall spoke against the appeal Yvonna Leung spoke in support of the appeal Landis Coghlan spoke against the appeal Sameer Mathur spoke against the appeal Karthick Iyer spoke in support of the appeal Saratoga City Council Minutes — April 17, 2019 — Page 7 of 12 Cham Leung spoke in support of the appeal Rob McHenry spoke against the appeal Marc Schuyler spoke against the appeal Sabrina Martire spoke against the appeal Kavi Mathur spoke against the appeal John Yelinek spoke in support of the appeal Margot Johnson spoke against the appeal Chuck Page spoke against the appeal Mark Cairns spoke in support of the appeal Cody Graef spoke against the appeal The applicant, Greg Green, provided closing remarks. The appellant, Declan Shalvey, provided closing remarks. Vice Mayor Miller closed the public hearing for this item. Vice Mayor Miller announced a recess at 10:13 p.m. and reconvened the meeting at 10:22 p.m. RESOLUTION 19-020 BERNALD/ZHAO MOVED TO APPROVE THE RESOLUTION DENYING APPEAL APCC19-0002, APPROVING THE PROPOSED MODIFICATIONS TO THE EXISTING CONDITIONAL USE PERMIT (CUP13-0002) FOR THE BROOKSIDE CLUB OF SARATOGA (BROOKSIDE CLUB) WITH THESE ADDITIONS; 1) TO INCLUDE ON BROOKSIDE'S WEBSITE INFORMATION ABOUT THE CLUB'S PROCESS FOR TRAFFIC OVERFLOW TO INCLUDE A CONTACT PHONE NUMBER FOR CONCERN'S FROM NEIGHBORS, TRAFFIC MONITORS, AND THE USE OF TRAFFIC CONES AND PLACARDS, 2) ADD A STRIPED WALKWAY ON THE NORTH SIDE OF THE DRIVEWAY AND ADJACENT TO THE TENNIS COURTS THAT ARE EAST OF PARKING AREA A (TENNIS COURTS 7 & 8), AND 3) CONDUCT A TRAFFIC COUNT TO BE PREPARED BOTH PRIOR TO AND AFTER THE LEASED PARKING LOT IS CLOSED AND NO LONGER AVAILABLE FOR PARKING. MOTION PASSED. AYES: MILLER, KUMAR, BERNALD, ZHAO. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. Saratoga City Council Minutes — April 17, 2019 - Page 8 of 12 Vice Mayor Miller announced a recess at 10:45 p.m. Mayor Cappello reconvened the meeting at 10:57 p.m. 3. GENERAL BUSINESS 3.1. LGS Recreation Lease Agreement Recommended Action: Authorize the City Manager to execute a Lease Agreement with Los Gatos -Saratoga Community Education and Recreation. James Lindsay, City Manager, presented the staff report. Mayor Cappello invited public comment on the item. No one requested to speak. MILLER/ BERNALD MOVE TO AUTHORIZE THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH LOS GATOS-SARATOGA COMMUNITY EDUCATION AND RECREATION. MOTION PASSED. AYES: CAPPELLO, MILLER, KUMAR, BERNALD, ZHAO. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 3.2. 2018 Pavement Management Project — Additional Work Recommended Action: 1) Authorize Amendment to the contract for 2018 Pavement Management Project with O'Grady Paving. 2) Adopt Resolution to increase the construction contract for the 2018 Pavement Management Project by $220,000. 3) Move to authorize contingency funds to execute change orders to the contract up to $30,000. John Cherbone, Public Works Director, presented the staff report. Mayor Cappello invited public comment on the item. No one requested to speak. RESOLUTION 19-021 BERNALD/MILLER MOVE TO AUTHORIZE THE AMENDMENT TO THE CONTRACT FOR 2018 PAVEMENT MANAGEMENT PROJECT WITH O'GRADY PAVING, TO ADOPT THE RESOLUTION TO INCREASE THE CONSTRUCTION CONTRACT FOR THE 2018 PAVEMENT MANAGEMENT PROJECT BY $220,000, AND TO AUTHORIZE CONTINGENCY FUNDS TO EXECUTE CHANGE ORDERS TO THE CONTRACT UP TO $30,000. MOTION Saratoga City Council Minutes — April 17, 2019 — Page 9 of 12 PASSED. AYES: CAPPELLO, MILLER, KUMAR, BERNALD, ZHAO. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 3.3. Approval of Park Design Plan for City property located at the corner of Quito and Pollard Roads Recommended Action: Approve park design plan for City property located at the corner of Quito and Pollard Roads. John Cherbone, Public Works Director, presented the staff report. Mayor Cappello invited public comment on the item. No one requested to speak. BERNALD/MILLER MOVED TO APPROVE PARK DESIGN PLAN FOR CITY PROPERTY LOCATED AT THE CORNER OF QUITO AND POLLARD ROADS. MOTION PASSED. AYES: CAPPELLO, MILLER, KUMAR, BERNALD, ZHAO. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 3.4. Community Event Grant Allocation Program Recommended Action: Review the proposed Community Event Grant Allocation guidelines and provide direction to finalize program policy effective with Fiscal Year 2020/21. Gina Scott, Accounting Tech, presented the staff report. Mayor Cappello invited public comment on the item. No one requested to speak. MILLER/BERNALD MOVED TO APPROVE THE PROPOSED GUIDELINES FOR THE COMMUNITY EVENT GRANT ALLOCATION PROGRAM POLICY WITH THE CLARIFICATION THAT THE $2000 LIMIT IS ONLY FOR THE UNSECURED FUNDING GRANT APPLICANTS. MOTION PASSED. AYES: CAPPELLO, MILLER, KUMAR, BERNALD, ZHAO. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 3.5. Automated License Plate Reader Study Scope Recommended Action: Provide direction to staff on the desired scope of the automated license plate reader study. Crystal Bothelio, Deputy City Manager, presented the staff report. Mayor Cappello invited public comment on the item. Saratoga City Council Minutes — April 17, 2019 — Page 10 of 12 No one requested to speak. KUMAR/MILLER MOVE TO APPROVE THE PRELIMINARY RESEARCH TOPICS LISTED IN THE STAFF REPORT ON THE AUTOMATED LICENSE PLATE READER STUDY WITH THE ADDITION OF BEFORE AND AFTER CRIME DATA IN JURISDICTIONS THAT HAVE IMPLEMENTED LICENSE PLATE READERS, DATA FROM THE SHERIFF'S OFFICE ON ITS USE OF LICENSE PLATE READERS, AND A LIST OF AUTOMATED LICENSE PLATE READER CONSULTANTS. MOTION PASSED. AYES: CAPPELLO, MILLER, KUMAR, BERNALD, ZHAO. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 3.6. Amendment to City Council Assignments Recommended Action: Approve the resolution amending the City Council Assignments for 2019 by naming a member and alternate to the Comprehensive County Expressway Planning Study Policy Advisory Board. Debbie Bretschneider, City Clerk, presented the staff report. Mayor Cappello invited public comment on the item. No one requested to speak. RESOLUTION 19-022 KUMAR/ZHAO MOVED TO APPROVE THE RESOLUTION AMENDING THE CITY COUNCIL ASSIGNMENTS FOR 2019 BY NAMING YAN ZHAO AS THE MEMBER AND RISHI KUMAR AS THE ALTERNATE TO THE COMPREHENSIVE COUNTY EXPRESSWAY PLANNING STUDY POLICY ADVISORY BOARD. MOTION PASSED. AYES: CAPPELLO, MILLER, KUMAR, BERNALD, ZHAO. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. COUNCIL ASSIGNMENTS MILLER/BERNALD MOVED TO DEFER THE REPORTING ON COUNCIL ASSIGNMENTS TO A FUTURE MEETING. MOTION PASSED. AYES: CAPPELLO, MILLER, KUMAR, BERNALD, ZHAO. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. CITY COUNCIL ITEMS None COUNCIL COMMUNICATIONS None Saratoga City Council Minutes — April 17, 2019 — Page 11 of 12 CITY MANAGER'S REPORT None ADJOURNMENT MIILER/BERNALD MOVED TO ADJOURN THE MEETING AT 11:43 P.M. MOTION PASSED. AYES: CAPPELLO, MILLER, KUMAR, BERNALD, ZHAO. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. tfully submitted: bbie : retschneider, City Clerk City of Saratoga Saratoga City Council Minutes — April 17, 2019 - Page 12 of 12