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HomeMy WebLinkAbout12-05-2012 City Council minutes MINUTES DECEMBER 5, 2012 SARATOGA SPECIAL CITY COUNCIL MEETING—5:35 P.M. COMMISSION INTERVIEWS AND JOINT MEETING The Saratoga City Council conducted Parks and Recreation Commission applicant interviews at 5:35 p.m. and then called a Joint Meeting with State Assembly Member Paul Fong to order at 6:00 p.m. in the Administrative Conference Room at City Hall at 13777 Fruitvale Avenue. SARATOGA SPECIAL CITY COUNCIL MEETING—7:00 P.M. CITY COUNCIL REORGANIZATION Mayor Page called the Special Meeting to order at 7:03 p.m. and led the Pledge of Allegiance. ROLL CALL PRESENT Council Members Manny Cappello, Howard Miller, Emily Lo, Vice Mayor Jill Hunter, Mayor Chuck Page ABSENT: None ALSO PRESENT: Dave Anderson, City Manager Richard Taylor, City Attorney Crystal Bothelio, City Clerk John Cherbone, Public Works Director Michael Taylor, Recreation and Facilities Director Debbie Bretschneider, Deputy City Clerk/Executive Assistant Mainini Cabute, Administrative Analyst II Christopher Riordan, Senior Planner Monica LaBossiere, Human Resources Manager Leo Salindong, IT Administrator Adam Henig, Recreation Supervisor 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 30, 2012. ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS Nai Hsueh congratulated Council Members Miller and Cappello for their successful elections and introduced herself as a new member of the Santa Clara Valley Water District Board of Directors. She noted that the district she represents includes the City of Saratoga and shared that she looks forward to working with the City of Saratoga in the future. Cynthia Chang congratulated the newly elected members of the Council and thanked the Council for its hard work. Assembly Member Paul Fong announced he was recently elected to represent the City of Saratoga on the State Assembly and looks forward to working with the City of Saratoga. Council Member Miller shared that the City of Saratoga won the Silicon Valley Turkey Trot Mayor's Cup Challenge and presented the trophy to Mayor Page. Vice Mayor Hunter announced that Willys Peck has been ill and asked the public to please keep him in their thoughts this holiday season. CEREMONIAL ITEMS 1. Commendation for Brian Babcock Recommended action: Read and present commendation to Brian Babcock. Mayor Page read and presented a commendation to Brian Babcock. NEW BUSINESS 2. Declaration of Results of November 6, 2012 General Municipal Election and Oath of Office for Newly Elected Council Members Recommended action: Adopt resolution declaring the results of the November 6, 2012 General Municipal Election. City Clerk Crystal Bothelio presented the staff report on the item. Mayor Page invited public comment on the item. No one requested to speak. RESOLUTION NO. 12-060 HUNTER/LO MOVED TO ADOPT RESOLUTION DECLARING THE RESULTS OF THE NOVEMBER 6, 2012 GENERAL MUNICIPAL ELECTION. MOTION PASSED 5-0-0. 3. Oath of Office for Newly Elected Council Members Recommended action: City Clerk or designee to administer the Oath of Office to newly elected Council Members. City Clerk Crystal Bothelio administered the Oath of Office to Council Members Miller and Cappello. 4. Remarks from Outgoing Mayor Page and Council Members Mayor Page commented on his term as Mayor, including some of the accomplishments and challenges of the past year. The members of the City Council thanked Mayor Page for his leadership on the City Council and service to the City of Saratoga and remarked on his accomplishments. 2 5. Reorganization of City Council Recommended action: Appoint Mayor and Vice Mayor: 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 Crystal Bothelio declared the offices of Mayor and Vice Mayor to be vacant and called for nominations for the office of Mayor. PAGE/CAPPELLO MOVED TO APPOINT JILL HUNTER AS MAYOR FOR THE YEAR 2013. MOTION PASSED 5-0-1 WITH COUNCIL MEMBER PAGE ABSTAINING. Mayor Hunter invited nominations for the office of Vice Mayor. HUNTER/CAPPELLO MOVED TO APPOINT EMILY LO AS VICE MAYOR FOR THE YEAR 2013. MOTION PASSED 5-0-0. State Assembly Member Paul Fong administered the Oath of Office to Mayor Jill Hunter. City Clerk Crystal Bothelio administered the Oath of Office to Vice Mayor Emily Lo. 6. Remarks from New Mayor,Vice Mayor, and Council Members Mayor Hunter spoke about her appointment and service on the City Council. Mayor Hunter invited public comment on the item. The following people requested to speak: Lon Savedra, Executive Director of Hakone Gardens Evan Low, Mayor of the City of Campbell No one else requested to speak on this item. ADJOURNMENT Mayor Hunter adjourned the Special Meeting at 7:59 p.m. and invited the audience to join the Council in the Theater Lobby for a brief reception. 3 SARATOGA REGULAR CITY COUNCIL MEETING Mayor Hunter called the Regular Meeting to order at 8:29 p.m. and led the Pledge of Allegiance. ROLL CALL PRESENT Council Members Chuck Page, Manny Cappello, Howard Miller, Vice Mayor Emily Lo, Mayor Jill Hunter ABSENT: None ALSO PRESENT: Dave Anderson, City Manager Richard Taylor, City Attorney Crystal Bothelio, City Clerk John Cherbone, Public Works Director Christopher Riordan, Senior Planner Monica LaBossiere, Human Resources Manager 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 30, 2012. COMMUNICATIONS FROM COMMISSIONS & PUBLIC Oral Communications on Non-Agendized Items Maureen Jones addressed the City Council regarding water fluoridation. Oral Communications - Council Direction to Staff None Communications from Boards and Commissions None Council Direction to Staff None ANNOUNCEMENTS Council Member Miller announced winter camps offered during the holiday break by the Saratoga Recreation and Facilities Department. More information about camps and classes is in the City of Saratoga Recreation Activity Guide or online at www.saratoga.ca.us/recreation. Vice Mayor Lo added that the Saratogan was mailed as an insert to the City of Saratoga Recreation Activity Guide. The newsletter contains information about how readers can participate in a drawing for a$50 gift certificate for a Saratoga business of the winner's choice. 4 Council Member Page thanked the Saratoga Chamber of Commerce and the Tree Lighting and Wine Stroll event planning committee for organizing the Annual Saratoga Tree Lighting and Wine Stroll. The event was well attended and many people shared that they enjoyed the event. Council Member Cappello shared that SASCC held a dinner dance fundraiser on December 1, 2012. The event featured music from the 50's, 60's, and 70's. On March 8, 2013, SASCC will be holding an Italian dinner fundraiser. More information will be available soon. CEREMONIAL ITEMS 1. Commendation for Outgoing Library Commissioner Sam McBane Mulford Recommended action: Read and present commendation. Mayor Hunter read and presented the commendation to outgoing Saratoga Library Commissioner Sam McBane Mulford. 2. Appointment of Saratoga Library Commissioner Recommended action: 1. Adopt the resolution appointing Susan Calderon to the Library Commission; and 2. Direct the City Clerk to administer the Oaths of Office. RESOLUTION NO. 12-061 MILLER/PAGE MOVED TO 1. ADOPT THE RESOLUTION APPOINTING SUSAN CALDERON TO THE LIBRARY COMMISSION; AND 2. DIRECT THE CITY CLERK TO ADMINISTER THE OATHS OF OFFICE. MOTION PASSED 5-0-0. CONSENT CALENDAR 3. City Council Meeting Minutes Recommended action: Approve City Council minutes for the Special Meeting and the Regular Meeting on November 7, 2012. CAPPELLO/MILLER MOVED TO APPROVE CITY COUNCIL MINUTES FOR THE SPECIAL MEETING AND THE REGULAR MEETING ON NOVEMBER 7,2012. MOTION PASSED 5-0-0. 4. Review of Accounts Payable Check Registers Recommended action: Review and accept check registers for the following accounts payable payment cycles: 11/6/2012 11/13/2012 11/20/2012 11/27/2012 5 CAPPELLO/MILLER MOVED TO ACCEPT CHECK REGISTERS FOR THE FOLLOWING ACCOUNTS PAYABLE PAYMENT CYCLES: 11/6/2012, 11/13/2012, 11/20/2012,AND 11/27/2012. MOTION PASSED 5-0-0. 5. Treasurer's Report for the Month Ended October 31, 2012 Recommended action: Review and accept the Treasurer's Report for the month ended October 31, 2012. CAPPELLO/MILLER MOVED TO ACCEPT THE TREASURER'S REPORT FOR THE MONTH ENDED OCTOBER 31, 2012. MOTION PASSED 5-0-0. 6. Annual Audit Reports Recommended action: Review and accept the Fiscal Year 2011/12 Comprehensive Annual Financial Report (CAFR), the Fiscal Year 2011/12 Single Audit Report (Federal Grant Awards), the FY 2011/12 Transportation Development Act Report (California Grant Award), and the FY 2012/13 Appropriation Limit Report. Council Member Miller removed this item from the Consent Calendar to note that the audit was completed early. Council Member Lo thanked City staff and the Finance Committee for their role in completion of the audit. Council Member Cappello thanked staff for working diligently on the audit. MILLER/CAPPELLO MOVED TO ACCEPT THE FISCAL YEAR 2011/12 COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR), THE FISCAL YEAR 2011/12 SINGLE AUDIT REPORT (FEDERAL GRANT AWARDS), THE FY 2011/12 TRANSPORTATION DEVELOPMENT ACT REPORT (CALIFORNIA GRANT AWARD), AND THE FY 2012/13 APPROPRIATION LIMIT REPORT. MOTION PASSED 5-0-0. 7. Development Impact Fee Report Recommended action: Staff recommends that the Council review and accept the annual AB 1600 Development Impact Fee report for the year ended June 30, 2012. CAPPELLO/MILLER MOVED TO ACCEPT THE ANNUAL AB1600 DEVELOPMENT IMPACT FEE REPORT FOR THE YEAR ENDED JUNE 30, 2012. MOTION PASSED 5-0-0. 8. Highway 9 Safety Improvement Project Phase II —Budget Adjustment Recommended action: Approve budget adjustment for Highway 9 Safety Improvement Project Phase II Construction. RESOLUTION NO. 12-062 6 CAPPELLO/MILLER MOVED TO APPROVE BUDGET ADJUSTMENT FOR HIGHWAY 9 SAFETY IMPROVEMENT PROJECT PHASE II CONSTRUCTION. MOTION PASSED 5-0-0. 9. Parker Ranch Retaining Wall Repair—Notice of Completion Recommended action: Move to accept the Parker Ranch Retaining Wall Repair as complete and authorize the City Manager to sign the Notice of Completion for the construction contract. CAPPELLO/MILLER MOVED TO ACCEPT THE PARKER RANCH RETAINING WALL REPAIR AS COMPLETE AND AUTHORIZE THE CITY MANAGER TO SIGN THE NOTICE OF COMPLETION FOR THE CONSTRUCTION CONTRACT. MOTION PASSED 5-0-0. 10. Highway 9 Safety Improvement Project Phase III—Notice of Completion Recommended action: Move to accept the Highway 9 Safety Improvement Project Phase III as complete and authorize the City Manager to sign the Notice of Completion for the construction contract. CAPPELLO/MILLER MOVED TO ACCEPT THE HIGHWAY 9 SAFETY IMPROVEMENT PROJECT PHASE III AS COMPLETE AND AUTHORIZE THE CITY MANAGER TO SIGN THE NOTICE OF COMPLETION FOR THE CONSTRUCTION CONTRACT. MOTION PASSED 5-0-0. 11. Citywide Signal Upgrade Project Phase I—Notice of Completion. Recommended action: Move to accept the Citywide Signal Upgrade Project Phase 1 as complete and authorize staff to record the Notice of Completion for the construction contract. CAPPELLO/MILLER MOVED TO ACCEPT THE CITYWIDE SIGNAL UPGRADE PROJECT PHASE 1 AS COMPLETE AND AUTHORIZE STAFF TO RECORD THE NOTICE OF COMPLETION FOR THE CONSTRUCTION CONTRACT. MOTION PASSED 5-0-0. 12. Saratoga Village Pedestrian Enhancement Project—Notice of Completion. Recommended action: Move to accept the Saratoga Village Pedestrian Enhancement Project as complete and authorize staff to record the Notice of Completion for the construction contract. CAPPELLO/MILLER MOVED TO ACCEPT THE SARATOGA VILLAGE PEDESTRIAN ENHANCEMENT PROJECT AS COMPLETE AND AUTHORIZE STAFF TO RECORD THE NOTICE OF COMPLETION FOR THE CONSTRUCTION CONTRACT. MOTION PASSED 5-0-0. 13. CDBG Funded ADA Compliant Customer Service Counter Project Recommended action: Staff recommends that Council accept the report and name Phillip A. Murray Construction as the low bidder for the CDBG funded ADA compliant customer service counter at the Community Center, and authorize the City Manager to approve the contract in the amount of$38,500 with a contingency of$3,850. 7 Council Member Page removed this item from the Consent Calendar to request additional information about what was included in the bid. Recreation and Facilities Director Michael Taylor answered Council questions regarding the bid. PAGE/LO MOVED TO ACCEPT THE REPORT AND NAME PHILLIP A. MURRAY CONSTRUCTION AS THE LOW BIDDER FOR THE CDBG FUNDED ADA COMPLIANT CUSTOMER SERVICE COUNTER AT THE COMMUNITY CENTER,AND AUTHORIZE THE CITY MANAGER TO APPROVE THE CONTRACT IN THE AMOUNT OF $38,500 WITH A CONTINGENCY OF $3,850. MOTION PASSED 5-0-0. PUBLIC HEARINGS 14. Application APCC12-0004; 19870 Mendelsohn Way (510-01-004); Peter and Rita Redford -Appeal of a Planning Commission decision approving a Fence Exception for a six foot tall wall within a front setback and an eight foot tall wall within the side setback at 19870 Mendelsohn Lane. Recommended action: Deny the appeal thus upholding the Planning Commission's decision. Senior Planner Christopher Riordan presented the staff report. The applicant and appellant, Rita Redford, spoke about her project and reasons for appealing the Planning Commission decision. Mark Savala,the contractor working on the Redford project, spoke on behalf of the applicant/appellant. Mayor Hunter invited public comment on the item. The following people spoke: Tina Walia, Chair of the Planning Commission No one else requested to speak. Mayor Hunter invited the applicant/appellant to providing closing remarks. The applicant/appellant declined to provide closing remarks. RESOLUTION NO. 12-063 PAGE/MILLER MOVED TO DENY THE APPEAL THUS UPHOLDING THE PLANNING COMMISSION'S DECISION. MOTION PASSED 5-0-0. OLD BUSINESS 15. Village Streetscape Improvements Phase 2—Review of Conceptual Design Recommended action: 8 Receive report and provide direction to staff regarding the Village Streetscape Improvements Project—Phase 2. Public Works Director John Cherbone presented the staff report on the item. Mayor Hunter invited public comments on the item. The following people requested to speak: Joyce Hlava Paul Hernandez Suzanne Frontz No one else requested to speak. COUNCIL DIRECTION TO STAFF: Council supported the improvements recommended and listed in the staff report to be included in the Village Streetscape Improvements Project—Phase 2. As a result of rising construction costs, Council agreed that improvements to 5th Street and 6th Street improvements would be implemented in later phases when funding becomes available. Additionally, the Council agreed to remove the Big Basin Arch from the improvement plans. The Council also provided the following direction regarding the design of the Village Streetscape Improvements Project—Phase 2: - Avoid addition of new poles in the Village to the greatest extent possible. - Use black metal poles if needed for way finding and directional signage. - Use green directional signs. Add complimentary directional signage at the Highway 85 exits/entries in Saratoga. - For the Village store and shop directory, do not use white as a background color. - Find more attractive frames for store and shop directory. - Place store and shop directory in unobtrusive locations. - Identify potential locations for banners in Blaney Plaza. NEW BUSINESS 16. City of Saratoga Updated Personnel Rules and Policies Recommended action: Adopt the Resolution approving the City's Updated Personnel Rules and Policies (hereinafter referred to as the Personnel Rules) (Exhibit"A"). Human Resources Manager Monica LaBossiere presented the staff report on the updated Personnel Rules and Policies. Council Member Page identified a reference to the City's grievance policy, which was supposed to be removed from the Personnel Rules and Policies. He requested that any remaining language referring to the City's grievance policy be removed from the Personnel Rules and Policies. Council Member Page also asked that the text of the Personnel Rules and Policies be left justified throughout the document. Mayor Hunter opened the public comment period. 9 No one requested to speak on the item. RESOLUTION NO. 12-064 CAPPELLO/MILLER MOVED TO ADOPT THE RESOLUTION APPROVING THE CITY'S UPDATED PERSONNEL RULES AND POLICIES (HEREINAFTER REFERRED TO AS THE PERSONNEL RULES) (EXHIBIT "A") WITH THE FOLLOWING CHANGES: REMOVAL OF REFERENCES TO THE GRIEVANCE POLICY AND LEFT JUSTIFICATION OF TEXT IN THE PERSONNEL RULES AND POLICIES. MOTION PASSED 5-0-0. 17. 2012/13 City Council Agency and Ad Hoc Assignments Recommended action: Accept report and provide direction to staff. Mayor Hunter asked members of the Council to send their requested assignments to her by 5:00 p.m. on December 11, 2012. Mayor Hunter opened the public comment period. No one requested to speak on the item. ADHOC & AGENCY ASSIGNMENT REPORTS Mayor Jill Hunter West Valley Flood Control & Watershed Advisory Committee—the group recently met and had a lengthy meeting on flood control projects. Vice Mayor Emily Lo Sister City Liaison—the Sister City Delegation was in Saratoga from November 8 through 10. Vice Mayor Lo thanked staff for their help with the reception on November 9 for the delegation from Muko, Japan. Council Member Howard Miller Council Finance Committee—the Finance Committee is working on the reserve and finance policies. A draft of the policies may be ready for Council review at the City Council Retreat. The Finance Committee has also been reviewing mid-year budget adjustments that will likely be discussed at the Retreat. Saratoga Ministerial Association—the Ministerial Association held a Thanksgiving Day service. Valley Transportation Authority PAC—the Highway 85 Express Lanes were discussed at the last meeting. The Express Lanes are expected to be complete in 2016 with public outreach starting in 2013 and construction beginning in 2015. West Valley Solid Waste Management Joint Powers Authority—an ad hoc committee has been reviewing options to renew or renegotiate the current agreement with West Valley Collection and Recycling. Additionally, a separate ad hoc is looking at whether the Authority should seek bids for the Executive Director position. 10 Council Member Manny Cappello Chamber of Commerce—Destination Saratoga is continuing to recruit new members. A tour for the media was held in October and as a result a feature on Saratoga was written, which included a number of Saratoga's businesses and destinations. County HCD Policy Committee—the last meeting was held in early November. The deadline for applications for CDBG community service funds is December 17. Council Member Cappello noted that he shared the deadline with SASCC and encouraged SASCC to submit an application. Highway 9 Ad Hoc—an informational meeting was held for the public to provide an update on the Highway 9 improvements. The members of the public in attendance also provided some input about what they would like to see in the future. SASCC—Council Member Cappello attended the recent SASCC dance party fundraiser. The Italian Dinner fundraiser is coming up in March. TEA Ad Hoc—a conference call with each of the participating cities was held to discuss circulation of an RFP to hire a consultant to help get a bill introduced and passed. Council Member Chuck Page Silicon Valley Leadership Group—the Silicon Valley Leadership Group is holding an event for local elected officials and the business community on December 13, 2012. Santa Clara County Cities Association—the annual holiday dinner is December 6, 2012. West Valley Mayors and Managers Association—at the last meeting, the group had a holiday lunch. CITY COUNCIL ITEMS Council Member Miller asked if the agenda for the City Council Retreat would be brought forward at a future meeting or if the City Council would have the opportunity to provide input on the agenda. He explained that he would like to see the Mid Year Budget discussed in the morning. City Manager Dave Anderson said that the City Clerk would mail a copy of the draft agenda to the members of the Council. Additionally, the preliminary Retreat agenda topics are listed in the Agenda Planner. Council Member Page noted that he was recently approached by member of Saratoga Presbyterian Church who was interested in organizing a one day volunteer project, similar to activities conducted by Westgate Church for Beautiful Day. Council Member Page suggested that cleanup work at the Congress Springs Quarry property might be an excellent volunteer project. Council Member Miller added that he is also interested in regular tours of the property. CITY MANAGER'S REPORT City Manager Dave Anderson shared that the Sheriff's Office has asked to renew its agreement with the City of Saratoga 1 year early to align the lease term for the West Valley Substation with the term of the Sheriffs Office law enforcement contracts with its client cities. If the contract with the City of Saratoga is renewed early, the total term of the contract will be 9 years instead of the traditional 10 year contract. 11 ADJOURNMENT CAPPELLO/PAGE MOVED TO ADJOURN THE MEETING AT 11:03 P.M. MOTION PASSED 5-0-0. Minutes respectfully submitted: Cr V al Bothelio, City Clerk 12