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HomeMy WebLinkAbout05-07-2014 City Council minutes MINUTES WEDNESDAY, MAY 7, 2014 SARATOGA CITY COUNCIL SPECIAL MEETING At 5:45 p.m., the Saratoga City Council held a Closed Session in the Administrative Conference Room at 13777 Fruitvale Avenue. At 6:00 p.m., the Council conducted a Joint Meeting with the Mountain Winery. SARATOGA CITY COUNCIL REGULAR MEETING ' Mayor Lo called the meeting to order at 7:03 p.m. and led the Pledge of Allegiance. ROLL CALL PRESENT Mayor Emily Lo, Vice Mayor Howard Miller, Council Members Manny Cappello, Chuck Page (arrived at 8:47 p.m.), Jill Hunter ABSENT: None ALSO PRESENT: Dave Anderson, City Manager Richard Taylor, City Attorney Crystal Bothelio, City Clerk John Cherbone, Public Works Director Mary Furey, Finance and Administrative Services Director James Lindsay, Community Development Director Michael Taylor, Recreation and Facilities Director Christopher Riordan, Senior Planner Cynthia McCarmick, Planner Adam Henig, Recreation Supervisor Debbie Bretschneider, Deputy City Clerk Mainini Cabute, Management Analyst II Mayor Lo noted that Council Member Page would be arriving late to the meeting and stated his late arrival would be excused. 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 May 2, 2014. REPORT FROM CLOSED SESSION Mayor Lo stated that there was nothing to report. COMMUNICATIONS FROM COMMISSIONS & PUBLIC Oral Communications on Non-Agendized Items Bill Hirshman, one of the owners of the Mountain Winery,provided an overview of the City Council's Joint Meeting with the Mountain Winery. He also announced upcoming events at the Mountain Winery. 1 Mayor Lo announced that the meeting would be dedicated to the memory of Steve Wong, a Saratoga resident who was a dedicated volunteer and member of the Saratoga Area Senior Coordinating Council Board of Directors. Tia Broich spoke about traffic concerns on Big Basin Way. Jeff Schwartz spoke about public awareness of the State Route 85 Express Lanes Project, individual Council member positions on the project, and suggested that Vice Mayor Miller has a perceived conflict of interest on the project due to his employment with Apple and previously stated positions on the project. Cheriel Jensen spoke about the State Route 85 Express Lanes Project, raising concerns that the project would allow large trucks to use 85 and asked that Council Agenda Item 4 be removed from the Consent Calendar. She also asked the City to consider eliminating use of Roundup. Trish Cypher spoke about ABAG and proposed legislation to tax drivers based on miles driven and the possible expansion of toll roads across the United States. Lon Saavedra, Executive Director of Hakone Gardens, spoke on the City of Saratoga's development agreement with the Hakone Gardens, introduced members of the Hakone Foundation Board, and thanked City Manager Dave Anderson for his service to the City of Saratoga. Hiro Matsunami announced the Hakone Matsuri (Festival) on May 18, 2014 at Hakone Gardens. The event will include a number of traditional Japanese cultural events and proceeds go to the Hakone Foundation. Oral Communications - Council Direction to Staff Vice Mayor Miller asked staff to conduct directed traffic enforcement in the Village and focus particular attention on crosswalks in the downtown area. City Manager Dave Anderson said he would work with the Sheriff's Office to conduct the directed enforcement. Communications from Boards and Commissions None Council Direction to Staff None ANNOUNCEMENTS Council Member Hunter shared that the Chamber's Wine Stroll would be May 10, 2014 from 2:30 p.m. to 5:30 p.m. Tickets can be purchased in advance at htt�://i����vy.sarato�chamber.org/ or at the event. Vice Mayor Miller shared that the appellant for Council Agenda Item 9, Appeal of Planning Commission Denial to Construct a New Two-Story Home at 13580 Saratoga Vista Avenue, 2 requested that the items on the agenda be reordered when the appellant learned that Council Member Page would be late to the meeting. The appellant requested the change in order of agenda items to allow Council Member Page to be present for the appeal. MILLER/CAPPELLO MOVED TO REORDER THE ITEMS ON THE AGENDA ITEM TO CONDUCT AGENDA ITEM 9,APPEAL OF PLANNING COMMISSION DENIAL TO CONSTRUCT A NEW TWO-STORY HOME AT 13580 SARATOGA VISTA AVENUE, AFTER THE NEW BUSINESS ITEMS. MOTION PASSED. AYES: MILLER, CAPPELLO, HUNTER. NOES: NONE. ABSTAIN: LO. ABSENT: PAGE. CEREMONIAL ITEMS 1. Proclamation Declaring May 1 l, 2014 as Courageous Kids Day Recommended action: Read and present the proclamation declaring May 11, 2014 as American Cancer Society Courageous Kids Day. Mayor Lo read and presented the proclamation to Gay Crawford. 2. Asian/Pacific American Heritage Month Recommended action: Read and present commendations to Hakone Gardens, Sang B. Lee, Zhongyang Lu, and Thuy Vu as part of Asian/Pacific American Heritage Month. Read and present proclamation declaring May 2014 as Asian/Pacific American Heritage Month. Mayor Lo read and presented commendations to Hakone Gardens, Sang B. Lee, Zhongyang Lu, and Thuy Vu as part of Asian/Pacific American Heritage Month and presented the proclamation declaring May 2014 as Asian/Pacific American Heritage Month. SPECIAL PRESENTATIONS None CONSENT CALENDAR 3. City Council Meeting Minutes Recommended action: Approve City Council minutes for the Special City Council Meeting and Regular City Council Meeting on April 16, 2014. Council Member Hunter removed this item to request a correction to the date of the Chamber of Commerce Wine Stroll on May 10, 2014. HUNTER/MILLER MOVED TO APPROVE THE MINUTES WITH THE CORRECTION TO THE DATE OF THE SARATOGA CHAMBER OF COMMERCE WINE STROLL ON MAY 10,2014. MOTION PASSED. AYES: LO, MILLER, CAPPELLO, HUNTER. NOES: NONE. ABSTAIN: NONE. ABSENT: PAGE. 3 4. City Council Meeting Minutes—State Route 85 Express Lanes Project Workshop Recommended action: Review minutes for accuracy and approve City Council minutes for the Special City Council Meeting— State Route 85 Express Lanes Project Workshop—held on Apri121, 2014. Council Member Cappello removed this item to allow for public comment. Mayor Lo invited public comment on the item. The following people requested to speak: Jeff Schwartz John Chen Marcia Fariss (letter read by John Chen on Marcia Fariss' behal� Paul Krug Cheriel Jensen Trish Cypher Mary Robertson No one else requested to speak. CAPPELLO/HUNTER MOVED TO APPROVE CITY COUNCIL MINUTES FOR THE SPECIAL CITY COUNCIL MEETING—STATE ROUTE 85 EXPRESS LANES PROJECT WORKSHOP—HELD ON APRIL 21,2014 WITH THE FOLLOWING CHANGES: - INCLUDE INFORMATION ABOUT THE GROUND RULES FOR THE MEETING AND NOTE THAT CITY COUNCIL MEMBERS WERE ASKED TO ACT AS OBSERVERS DURING THE MEETING, RATHER THAN ACTIVELY PARTICIPATING; - ITEM 6 UNDER REPORTED CONCERNS, CHANGE "SHORT-TERM PROJECT" TO "SHORT-TERM SOLUTION"; - ITEM 11 UNDER REPORTED CONCERNS, CHANGE "FULL EIR ANALYSIS ON THE PROJECT INCLUDING ANALYSIS OF POLLUTION" TO "REQUEST FULL EIR ANALYSIS ON THE PROJECT INCLUDING ANALYSIS OF POLLUTION"; - ITEM 21 UNDER REPORTED CONCERNS, CHANGE "IMPACTS TO HOMES —LIGHT" TO "IMPACTS TO HOMES—LIGHT AND AIR QUALITY"; AND - ITEM 22 UNDER SOLUTIONS, CHANGE "ADDITIONAL NOISE MITIGATION/NOISE BARRIERS FOR EXISTING NOISE" TO "ADDITIONAL NOISE MITIGATION/NOISE BARRIERS AND SOUND ABSORBING MATERIAL FOR EXISTING NOISE". MOTION PASSED. AYES: LO, MILLER, CAPPELLO, HUNTER. NOES: NONE. ABSTAIN: NONE. ABSENT: PAGE. 4 5. Review of Accounts Payable Check Registers Recommended action: Review and accept check registers for the following accounts payable payment cycles: 4/15/2014 Period 10 4/22/2014 Period 10 4/29/2014 Period 10 MILLER/HUNTER MOVED TO ACCEPT CHECK REGISTERS FOR THE FOLLOWING ACCOUNTS PAYABLE PAYMENT CYCLES: 4/15/2014 PERIOD 10: 4/22/2014 PERIOD 10; AND 4/29/2014 PERIOD 10. MOTION PASSED. AYES: LO, MILLER, CAPPELLO, HUNTER. NOES: NONE. ABSTAIN: NONE. ABSENT: PAGE. 6. Saratoga Records Emergency Action Plan Recommended action: Approve the resolution accepting the Saratoga Records Emergency Action Plan. RESOLUTION NO. 14-030 MILLER/HUNTER MOVED TO APPROVE THE RESOLUTION ACCEPTING THE SARATOGA RECORDS EMERGENCY ACTION PLAN. MOTION PASSED. AYES: LO, MILLER, CAPPELLO, HUNTER. NOES: NONE. ABSTAIN:NONE. ABSENT: PAGE. 7. Wildwood Park Pedestrian Bridge Renovation—Construction Contract Award Recommended action: 1. Move to declare Richard May, Inc. of Mammoth Lakes, CA to be the lowest responsible bidder on the project and award a Construction Contract to this company in the amount of $81,000. 2. Move to authorize the City Manager to execute the construction contract with this company. 3. Move to authorize staff to execute change orders to the construction contract up to $35,503. MILLER/HUNTER MOVED TO: 1) DECLARE RICHARD MAY,INC. OF MAMMOTH LAKES, CA TO BE THE LOWEST RESPONSIBLE BIDDER ON THE PROJECT AND AWARD A CONSTRUCTION CONTRACT TO THIS COMPANY IN THE AMOUNT OF $81,000; 2) AUTHORIZE THE CITY MANAGER TO EXECUTE THE CONSTRUCTION CONTRACT WITH THIS COMPANY; AND 3) AUTHORIZE STAFF TO EXECUTE CHANGE ORDERS TO THE CONSTRUCTION CONTRACT UP TO $35,503. MOTION PASSED. AYES: LO, MILLER, CAPPELLO, HUNTER. NOES: NONE. ABSTAIN: NONE. ABSENT: PAGE. 8. Amendment to the West Valley Clean Water Program Memorandum of Understanding (MOU) Recommended action: Approve an amendment to the West Valley Clean Water Program MOU between the Cities of Campbell, Los Gatos, Monte Sereno and Saratoga and the West Valley Sanitation District for the West Valley Clean Water Program and authorize City Manager to execute the same. 5 MILLER/HUNTER MOVED TO APPROVE AN AMENDMENT TO THE WEST VALLEY CLEAN WATER PROGRAM MOU BETWEEN THE CITIES OF CAMPBELL, LOS GATOS, MONTE SERENO AND SARATOGA AND THE WEST VALLEY SANITATION DISTRICT FOR THE WEST VALLEY CLEAN WATER PROGRAM AND AUTHORIZE CITY MANAGER TO EXECUTE THE SAME. MOTION PASSED. AYES: LO, MILLER, CAPPELLO,HUNTER. NOES: NONE. ABSTAIN: NONE. ABSENT: PAGE. PUBLIC HEARINGS 9. Appeal of Planning Commission Denial to Construct a New Two-Story Home at 13580 Saratoga Vista Avenue Recommended action: Complete the public hearing and adopt the resolution to either uphold the appeal (denying the project) or overturn the appeal (approving the project). The City Council returned to this item at 8:54 p.m. Mayor Lo recused herself from this item due to a potential economic conflict of interest and asked Vice Mayor Miller to chair the meeting. Cynthia McCormick, Planner in the Community Development Department,presented the staff report on this item. Vice Mayor Miller invited the applicant, also the appellant, to provide opening remarks. Matthew Harrigan of Timeline Design spoke on behalf of Margaret Li, the applicant. Vice Mayor Miller invited public comment on the item. The following people requested to speak: Ravi Prabhakar Mary-Lynne Bernald, Chair of the Planning Commission No one else requested to speak. RESOLUTION NO. 14-031 HUNTER/PAGE MOVED TO ADOPT THE RESOLUTION TO OVERTURN THE APPEAL (APPROVING THE PROJECT) WITH A CORRECTION TO THE TENSE OF THE RECOMMENDATION TO THE PLANNING COMMISSION. MOTION PASSED. AYES: MILLER, CAPPELLO, PAGE, HUNTER. NOES: NONE. ABSTAIN: LO. ABSENT: NONE. At 9:33 p.m., Vice Mayor Miller announced that the City Council would be taking a short break. The Council returned to the meeting at 9:38 p.m. and proceeded to New Business Item 11. 6 OLD BUSINESS None NEW BUSINESS 10. Review of Geotechnical Roadway Conditions Report Prepared for the Proposed Annexation of 206.9 Acres (STGOS) Recommended action: 1) Receive the Geotechnical Evaluation of Roadway Conditions report and direct staff to begin negotiations with County Roads &Airports staff for a pre-annexation agreement covering roadway repairs and maintenance in the annexation area. ' 2) Direct staff to proceed with the next steps to initiate annexation of STG O5: a) Complete the service plan b) Schedule the public outreach meetings c) Complete the environmental review process d) Set the date to initiate annexation for the August 20, 2014 City Council meeting Christopher Riordan, Senior Planner in the Community Development Department, presented the staff report. Mayor Lo invited public comment on the item. The following person requested to speak: Trish Cypher No one else requested to speak. At 8:47 p.m., Council Member Chuck Page arrived at the City Council Meeting. MILLER/CAPPELLO MOVED TO: 1) DIRECT STAFF TO BEGIN NEGOTIATIONS WITH COUNTY ROADS & AIRPORTS STAFF FOR A PRE-ANNEXATION AGREEMENT COVERING ROADWAY REPAIRS AND MAINTENANCE IN THE ANNEXATION AREA; AND 2) DIRECT STAFF TO PROCEED WITH THE NEXT STEPS TO INITIATE ANNEXATION OF STG O5: A) COMPLETE THE SERVICE PLAN B) SCHEDULE THE PUBLIC OUTREACH MEETINGS C) COMPLETE THE ENVIRONMENTAL REVIEW PROCESS D) SET THE DATE TO INITIATE ANNEXATION FOR THE AUGUST 20,2014 CITY COUNCIL MEETING. MOTION PASSED. AYES: LO, MILLER, CAPPELLO, PAGE, HUNTER. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. MILLER/PAGE MOVED TO REORDER THE ITEMS ON THE AGENDA AND PROCEED TO ITEM 9—APPEAL OF PLANNING COMMISSION DENIAL TO CONSTRUCT A NEW TWO-STORY HOME AT 13580 SARATOGA VISTA AVENUE. MOTION PASSED. AYES: MILLER, CAPPELLO, PAGE, HUNTER. NOES: NONE. ABSTAIN: LO. ABSENT: NONE. 7 11. Final Word Candidate Forum Recommended action: Provide direction to staff on the Final Word Candidate Forum. City Clerk Crystal Bothelio presented the staff report. Mayor Lo invited public input. No one requested to speak. MILLER/PAGE MOVED TO DIRECT STAFF TO SCHEDULE THE FINAL WORD FORUM FOR THE EVENING BEFORE THE NOVEMBER 2014 GENERAL MUNICIPAL ELECTION. MOTION PASSED. AYES: LO, MILLER, CAPPELLO, PAGE, HUNTER. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 12. Amendment to 2014 City Council Summer Recess Schedule Recommended action: Accept report and provide staff with direction regarding the 2014 City Council Summer Recess schedule. City Clerk Crystal Bothelio presented the staff report. Mayor Lo invited public comment. No one requested to speak. MILLER/PAGE MOVED TO RESTORE THE JULY 16, 2014 MEETING ON THE CITY COUNCIL'S REGULAR MEETING SCHEDULE AND DIRECTED STAFF TO BRING FORWARD AN AGENDA ITEM AT THE JULY 2,2014 COUNCIL MEETING TO CANCEL THE JULY 16,2014 MEETING, IF THE SECOND MEETING IN JULY IS NOT NEEDED TO APPROVE THE NEW CITY MANAGER AGREEMENT. MOTION PASSED. AYES: LO, MILLER, CAPPELLO, PAGE, HUNTER. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. ADHOC & AGENCY ASSIGNMENT REPORTS Mayor Emily Lo Hakone Foundation Board—the Board is meeting next week to discuss the timeline of the Hakone Master Plan with the objective to complete the plan before the expiration of the contact in December 2016. West Valley Mayors and Managers Association—during the meeting in April, the Mayor of Los Gatos provided draft copies of the Town's letter to VTA on the State Route 85 Express Lanes Project. Additionally, the group decided to discuss the top 3 priorities of each city at the next meeting. Vice Mayor Howard Miller Valley Transportation Authority Policy Advisory Committee (PAC) —Vice Mayor Miller attended the VTA Board Meeting as the PAC Chair. During the meeting, several residents from Saratoga spoke in opposition to the State Route 85 Express Lanes Project. Additionally, the General Manager gave a report on her first 100 days in her position. She noted changes she is making to make VTA more accessible and to improve public outreach. Additionally, the Board 8 received an audit on Measure A and survey results on use of transit. The survey showed that the bulk of users walk to public transit. Vice Mayor Miller also shared that the guided walk of the Quarry property on May 3, 2014 was well attended. There were approximately 50 people, representing a wide range of ages. Council Member Manny Cappello Santa Clara County Housing and Community Development (HCD) Council Committee—during the recent retreat, the group discussed possible changes to the program. The cities of Cupertino, Palo Alto, and Gilroy may be added to the program for only the home element of the program. Additionally, proposed changes to allocation of funds to the cities for capital projects and public service funds were presented. Saratoga Area Senior Coordinating Council (SASCC) —reports given at the last meeting show that membership and Adult Care Center use have seen a slight uptick recently. Additionally,the Board is in the process of coordinating the Italian Dinner on June 7, 2014. The event will be held at West Valley College and benefit SASCC. Council Member Chuck Pa�e Santa Clara Counry Expressway Plan 2040 Policy Advisory Board- during the last meeting of the board, plans for expressway improvements were discussed. The initial phases of the project will include improvements to Lawrence Expressway. Most changes will be located along the northern portion of Lawrence Expressway near Sunnyvale and Santa Clara and will include recessing a portion of the expressway to reduce the number of intersections. The improvements are also expected to include an elevated bike route on either side of the expressway. Council Member Page said he opposed the project, because it minimally improves level of service and only for a short period of time. He added that he proposed that the funding for the improvements, estimated at$440 million to $460 million, be used for other purposes. Council Member Page also noted that the project includes changes to Lawrence Expressway at Saratoga Avenue and Prospect Road. Currently, the proposed plans call for a second left turn lane from northbound Saratoga Avenue to Lawrence and pedestrian improvements at Prospect and Lawrence. West Valley Sanitation District—Council Member Page shared he attended a Cupertino Sanitation District and found the differences between the Cupertino Sanitation District and West Valley Sanitation District to be very interesting. He also attended a San Jose-Santa Clara Regional Wastewater Facility Treatment Plant Advisory Committee meeting. The consultants overseeing improvements to the facility are creating a plan for implementation of the improvements. West Valley Solid Waste Management Authoriry—Council Member Page attended the meeting on behalf of Vice Mayor Miller. The Authority Board voted to disperse a$450,000 annual fee paid to the Authority by the garbage company for the right to hold the contract to the member cities based on population. Council Member Page said he did not support the action. Council Member Jill Hunter Saratoga Historical Foundation—Council Member Hunter reported on the last Foundation meeting and shared interesting upcoming activities. CITY COUNCIL ITEMS Council Member Page requested that the City Council consider a letter requiring that VTA adhere to the City's performance agreement with the Santa Clara County Traffic Authority. 9 Council Member Hunter supported the request. Vice Mayor Miller recommended the item get scheduled for an upcoming City Council agenda as quickly as possible. CITY MANAGER'S REPORT City Manager Dave Anderson shared that the Hakone Foundation Board will be meeting on May 16, 2014 and the Board will be asked to contribute $150,000 towards the development of a master plan. At 10:37 p.m., Mayor Lo continued the meeting to the Administrative Conference Room for Closed Session. CLOSED SESSION —Administrative Conference Room at 13777 Fruitvale Avenue CONFERENCE WITH LABOR NEGOTIATORS (Government Code section 54957.6) Agency designated representatives: Richard Taylor Unrepresented employee: City Manager REPORT FROM CLOSED SESSION—Administrative Conference Room at 13777 Fruitvale Avenue Mayor Lo announced that there was nothing to report from Closed Session. ADJOURNMENT Mayor Lo adjourned the meeting at 11:01 p.m. Minutes respectfully submitted: �: I�v( t7 Cr al Bothelio, City Clerk 10 i