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HomeMy WebLinkAbout11-19-2014 City Council Minutes MINUTES WEDNESDAY, NOVEMBER 19,2014 SARATOGA CITY COUNCIL SPECIAL MEETING The City Council held a Closed Session at 5:00 p.m. in the Administrative Conference Room at City Hall at 13777 Fruitvale Avenue. At 6:00 p.m., the City Council held a Joint Meeting with State Senator Jim Beall, Jr. SARATOGA CITY COUNCIL REGULAR MEETING At 7:04 p.m., Mayor Lo called the meeting to order and led the Pledge of Allegiance. ROLL CALL PRESENT Mayor Emily Lo, Vice Mayor Howard Miller, Council Members Manny Cappello, Chuck Page, Jill Hunter ABSENT: None ALSO PRESENT: James Lindsay, City Manager Richard Taylor, City Attorney Crystal Bothelio, City Clerk John Cherbone, Public Works Director Mary Furey, Finance& Administrative Services Director Michael Taylor, Recreation and Facilities Director Brian Babcock, Administrative Analyst I Christopher Riordan, Senior Planner Cynthia McCormick, Planner Kate Bear, City Arborist Lori McKenna, Building Admin. Anthony McFarlane,Accounting Manager REPORT OF CITY CLERK ON POSTING OF AGENDA City Clerk Crystal Bothelio reported that the agenda for this meeting was properly posted on November 14, 2014. REPORT FROM CLOSED SESSION Mayor Lo announced that there was nothing to report from Closed Session. COMMUNICATIONS FROM COMMISSIONS & PUBLIC Oral Communications on Non-Aaendized Items State Senator Jim Beall,Jr. provided an overview of the Joint Meeting, which included discussion of the past legislative session and potential future legislation. He also announced a Senior Scam Stopper presentation on January 16, 2015 from 1:00 p.m. to 3:00 p.m. at the Jewish Community Center in Los Gatos. Oral Communications-Council Direction to Staff None Communications from Boards and Commissions None Council Direction to Staff None ANNOUNCEMENTS Council Member Page announced Senator Beall's Transportation Town Hall meeting on December 4, 2014 at Bascom Community Center from 10:00 a.m. to 12:30 p.m. He encouraged residents with an interest in State Route 85 and other freeways to attend. Council Member Page shared information about an affordable housing impact fee passed by the City of San Jose. The fee will be charged on most market-rate apartment projects to support development of affordable housing. Council Member Hunter announced that the Tree Lighting and Open House will be on November 28 in the Village from 5:00 p.m. to 9:00 p.m. Vice Mayor Miller shared that the new Saratoga Recreation Department Activity Guide went out in the mail and features a variety of classes for all ages and interests. Mayor Lo presented a gift from Muko,Japan, Saratoga's Sister City. The gift was presented to delegates from Saratoga during the recent trip to Muko to celebrate the 30th anniversary of the Sister City relationship. Mayor Lo then shared that the City is still accepting applications for the Traffic Safety Commission and Heritage Preservation Commission. Applications are due November 24. Mayor Lo also announced that the City Council will be holding its reorganization on December 2, 2014 at 7:00 p.m.in the Civic Theater. During the meeting, outgoing Council Members will be recognized, new Council Members will be sworn in, and a new Mayor and Vice Mayor will be selected. CEREMONIAL ITEMS 1. Proclamation Declaring November as Lung Cancer Awareness Month Recommended action: Present proclamation declaring November 2014 as Lung Cancer Awareness month in the City of Saratoga to Molly Golban, Liza Meak and David Burgess of NBC, and Bonnie Addario. Mayor Lo presented the proclamation to Molly Golban, Liza Meak and David Burgess of NBC, and Bonnie Addario. SPECIAL PRESENTATIONS None Page 2 of 9 CONSENT CALENDAR 2. City Council Meeting Minutes Recommended action: Approve the City Council minutes for the Special and Regular City Council Meeting on November 5, 2014. CAPPELLO/PAGE MOVED TO APPROVE THE CITY COUNCIL MINUTES FOR THE SPECIAL AND REGULAR CITY COUNCIL MEETING ON NOVEMBER 5, 2014.MOTION PASSED. AYES: LO, MILLER, CAPPELLO, PAGE, HUNTER. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 3. Review of Accounts Payable Check Registers Recommended action: Review and accept check registers for the following accounts payable payment cycles: 11/4/2014 Period 5 11/12/2014 Period 5 CAPPELLO/PAGE MOVED TO ACCEPT CHECK REGISTERS FOR THE FOLLOWING ACCOUNTS PAYABLE PAYMENT CYCLES: 11/4/2014 PERIOD 5 AND 11/12/2014 PERIOD 5. MOTION PASSED. AYES: LO, MILLER, CAPPELLO, PAGE, HUNTER.NOES:NONE. ABSTAIN: NONE. ABSENT: NONE. 4. Treasurer's Report for the Month Ended September 30, 2014 Recommended action: Review and accept the Treasurer's Report for the month ended September 30, 2014. CAPPELLO/PAGE MOVED TO ACCEPT CHECK REGISTERS FOR THE FOLLOWING ACCOUNTS PAYABLE PAYMENT CYCLES: 11/4/2014 PERIOD 5 AND 11/12/2014 PERIOD 5. MOTION PASSED. AYES: LO, MILLER, CAPPELLO, PAGE, HUNTER.NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 5. Second Reading of a Zoning Amendment Revising the Water Efficient Landscaping Ordinance (Article 15-47) Recommended action: Waive the second reading and adopt the attached ordinance to revise the Water Efficient Landscaping ordinance (Article 15-47). ORDINANCE NO.321 CAPPELLO/PAGE MOVED TO WAIVE THE SECOND READING AND ADOPT THE ATTACHED ORDINANCE TO REVISE THE WATER EFFICIENT LANDSCAPING ORDINANCE (ARTICLE 15-47). MOTION PASSED. AYES: LO,MILLER, CAPPELLO, PAGE,HUNTER. NOES: NONE. ABSTAIN:NONE. ABSENT:NONE. Page 3 of 9 6. Second Reading and Adoption of the updates to Chapters 2, 4 and 6 of the City Code and Adoption of a Resolution Establishing Minimum Insurance Coverage Recommended action: 1. Waive the second reading and adopt the proposed ordinance. 2. Adopt the resolution establishing minimum insurance requirements in lieu of fidelity bonds. ORDINANCE NO 322 RESOLUTION NO. 14-066 CAPPELLO/PAGE MOVED TO: 1)WAIVE THE SECOND READING AND ADOPT THE PROPOSED ORDINANCE; AND 2)ADOPT THE RESOLUTION ESTABLISHING MINIMUM INSURANCE REQUIREMENTS IN LIEU OF FIDELITY BONDS. MOTION PASSED. AYES: LO, MILLER, CAPPELLO, PAGE, HUNTER.NOES: NONE. ABSTAIN: NONE. ABSENT:NONE. 7. Second Reading of Update to Article 7-20 Animals and Fowl Recommended action: Waive the second reading and adopt the attached ordinance updating Article 7-20 Animals and Fowl. ORDINANCE NO. 323 CAPPELLO/PAGE MOVED TO WAIVE THE SECOND READING AND ADOPT THE ATTACHED ORDINANCE UPDATING ARTICLE 7-20 ANIMALS AND FOWL. MOTION PASSED. AYES: LO, MILLER, CAPPELLO, PAGE, HUNTER.NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 8. Renewal and Amendment No. 2 to Subdivision Improvement Agreement—Mendelsohn Lane Recommended action: 1. Approve Renewal and Amendment No. 2 to Subdivision Improvement Agreement between Mr. and Mrs. Cheng,Mr. and Mrs. Wang and the City of Saratoga. 2. Authorize the City Manager to execute the same. CAPPELLO/PAGE MOVED TO: 1)APPROVE RENEWAL AND AMENDMENT NO. 2 TO SUBDIVISION IMPROVEMENT AGREEMENT BETWEEN MR. AND MRS. CHENG,MR. AND MRS. WANG AND THE CITY OF SARATOGA; AND 2) AUTHORIZE THE CITY MANAGER TO EXECUTE THE SAME. MOTION PASSED. AYES: LO,MILLER, CAPPELLO, PAGE, HUNTER.NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 9. Update to the City's Personnel Rules and Policies Recommended action: Adopt the Resolution approving the City's Updated Personnel Rules and Policies. Council Member Page removed this item from the Consent Calendar to recommend that the definition of days in the employee benefits reflect that employees work 9 hour days Monday through Thursday due to the City's 9/80 work schedule. Page 4 of 9 RESOLUTION NO 14-067 PAGE/CAPPELLO MOVED TO ADOPT THE RESOLUTION APPROVING THE CITY'S UPDATED PERSONNEL RULES AND POLICIES. MOTION PASSED. AYES: LO, MILLER, CAPPELLO, PAGE, HUNTER. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. PUBLIC HEARINGS 10. GPA 14-0006 & ZOA I4-0004: Adoption of the 2015-2023 General Plan Housing Element, Conforming Amendments to the Land Use Element, a Housing Element Implementation Ordinance and a Negative Declaration Recommended action: Conduct a public hearing, and I,Adopt the Resolution to adopt the Initial Study/Negative Declaration. 2.Adopt the Resolution to adopt the 2015-2023 General Plan Housing Element which includes conforming amendments to the General Plan Land Use Element. 3.Introduce the Housing Element Implementation Ordinance; waive the First Reading, and direct staff to place the ordinance on the consent calendar for adoption at the next regular meeting of the City Council. 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: Cheriel Jensen No one else requested to speak. RESOLUTIONS NO. 14-0613 & 14-069 CAPPELLO/HUNTER MOVED TO: 1) ADOPT THE RESOLUTION TO ADOPT THE INITIAL STUDY/NEGATIVE DECLARATION; 21 ADOPT THE RESOLUTION TO ADOPT THE 201.5-2023 GENERAL PLAN HOUSING ELEMENT WHICH INCLUDES CONFORMING AMENDMENTS TO THE GENERAL PLAN LAND USE ELEMENT; AND 3) INTRODUCE THE HOUSING ELEMENT IMPLEMENTATION ORDINANCE; WAIVE THE FIRST READING,AND DIRECT STAFF TO PLACE THE ORDINANCE ON THE CONSENT CALENDAR FOR ADOPTION AT THE NEXT REGULAR MEETING OF THE CITY COUNCIL. MOTION PASSED. AYES: LO, MILLER, CAPPELLO, PAGE, HUNTER. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. OLD BUSINESS None Pages of 9 NEW BUSINESS 11. Heritage Tree Inventory Recommended action: Adopt the resolution adding 24 new trees to the list of Heritage Trees. Cynthia McCormick, Planner in the Community Development Department, presented the staff report. Kate Bear, City Arborist, addressed questions from the City Council. Paula Cappello, Heritage Preservation Commissioner,addressed questions from the City Council. Mayor Lo invited public comment on the item. The following person requested to speak: Alexandra Nugent,Heritage Preservation Commission Chair No one else requested to speak. RESOLUTION NO. 14-070 HUNTER/MILLER MOVED TO ADOPT THE RESOLUTION ADDING 24 NEW TREES TO THE LIST OF HERITAGE TREES. MOTION PASSED. AYES: LO, MILLER, CAPPELLO, PAGE, HUNTER.NOES:NONE. ABSTAIN: NONE. ABSENT: NONE. Council Member Hunter commented that she felt the City's tree fund should be used to remove dead pines near highways and for upkeep and pruning of trees in the City to demonstrate Saratoga is Tree City USA. 12. Request for Business Development Program Funds—Minicakes by Tasha Recommended action: Determine whether to allocate Business Development Program funds to Minicakes by Tasha. City Clerk Crystal Bothelio presented the staff report. Archie Kuo, with Minicakes by Tasha, addressed City Council questions regarding the request. Mayor Lo invited public comment on the item. No one requested to speak. PAGE/HUNTER MOVED TO ALLOCATE THE REMAINING$1.600 FROM THE BUSINESS DEVELOPMENT PROGRAM FUND TO MINICAKES BY TASHA TO OFFSET BUSINESS STARTUP EXPENSES. MOTION PASSED. AYES: LO, MILLER, CAPPELLO, PAGE, HUNTER.NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. Page 6 of 9 Vice Mayor Miller and Council Member Cappello requested that the Business Development Program be scheduled for a future meeting, so that the Council can give direction on program funding and purpose. 13. Annual Audit Reports Recommended action: Review and accept the following annual audit reports for Fiscal Year 2013/14: I. Comprehensive Annual Financial Report (CAFR) 2. Single Audit Report(Federal Grant Awards) 3. Transportation Development Act Report ( MTC Grants) 4. Appropriation Limit Report (Gann) 5. SAS 114 Report Anthony McFarlane, Accounting Manager, presented the staff report. Sheldon Chavan, Partner at Chavan & Associates, LLP,addressed questions from the City Council. Mayor Lo invited public comment on the item. No one requested to speak. MILLER/PAGE MOVED TO ACCEPT THE FOLLOWING ANNUAL REPORTS, INCLUDING REVISIONS TO PAGES 23 AND 128 OF THE COMPREHENSIVE ANNUAL FINANCIAL. REPORT (CAFR) AND ANY ADDITIONAL TYPO CORRECTIONS, FOR FISCAL YEAR 2013/14: 1) COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR); 2) SINGLE AUDIT REPORT(FEDERAL GRANT AWARDS); 3) TRANSPORTATION DEVELOPMENT ACT REPORT (MTC GRANTS); 4) APPROPRIATION LIMIT REPORT (GANN); AND 5) SAS 114 REPORT. MOTION PASSED. AYES: LO, MILLER, CAPPELLO, PAGE, HUNTER. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 14. Contract Staffing for Building Code Compliance Services Recommended action: Authorize the City Manager to execute an amendment to an existing contract with Shums Coda Associates for an amount not to exceed $70,000. City Manager James Lindsay presented the staff report. Mayor Lo invited public comment on the item. No one requested to speak. CAPPELLO/PAGE MOVED TO AUTHORIZE THE CITY MANAGER TO EXECUTE AN AMENDMENT TO AN EXISTING CONTRACT WITH SHIJMS CODA ASSOCIATES FOR AN AMOUNT NOT TO EXCEED $70,000. MOTION PASSED. AYES: LO, MILLER, CAPPELLO, PAGE, HUNTER. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. Page 7 of 9 15. Informational Report on California Single-Use Plastic Bag Ban Recommended action: Informational only. City Clerk Crystal Bothelio presented the staff report. Mayor Lo invited public comment on the item. No one requested to speak. ADHOC & AGENCY ASSIGNMENT REPORTS Mayor Emily Lo Cities Association of Santa Clara County—an update on community choice aggregation was presented at the last meeting. Mayor Lo shared she thought that this issue would become a significant area of interest next year. Cities Association of Santa Clara County—Selection Committee—the Cities Association made several appointments to regional boards, including the Bay Area Air Quality Management District, Association of Bay Area Governments, Local Area Formation Commission, Metropolitan Transportation Commission, Santa Clara County Emergency Operational Area Council, and Silicon Valley Regional Interoperability Authority. Santa Clara County Library District Joint Powers Authority—the Board voted to eliminate the non-resident library card fee. Additionally,the rental fee for the Saratoga Library Community Room was increased from$10 for a 4-hour block to $25 for a 4-hour block. Mayor Lo also shared she was selected to serve as Chair of the Board in 2015. Monte Sereno Mayor Burton Craig will serve as Vice Chair. Vice Mayor Howard Miller City School Ad Hoc—Vice Mayor Miller met with Los Gatos-Saratoga Union High School District Superintendent Bob Mistele about the recently approved bond measure and Saratoga High School's share of the bond funding. Council Finance Committee—the Finance Committee met to discuss the CAFR and also asked the Finance and Administrative Services Director and City Manager to create a prototype work plan for the Finance Committee to plot out regularly occurring work items. Hakone Foundation Board—the audit subcommittee is gearing up for the audit. Valley Transportation Authority Policy Advisory Committee (PAC) —the PAC has set a new record for most consecutive meetings with a quorum. Highlights of the recent meeting included starting a work plan for next year. There is interest in a sales tax measure that may go on the 2016 ballot to fund transportation projects. The PAC considered including funds for noise mitigation on State Route 85. West Valley Solid Waste Management Authority—during the last meeting, the Board reviewed the Executive Director and Authority Attorney. Council Member Manny Cappello Destination Saratoga—Destination has decided to ramp down and will be meeting quarterly instead of monthly. The group will stop collecting membership fees and decided to let go of the PR firm that the group had on retainer. If Destination Saratoga reaches a new objective,the group can ramp back up. Saratoga Chamber of Commerce—the Chamber is continuing its investigation related to the office manager and will be filing a claim with the Chamber's insurance company. Page 8 of 9 Council Member Chuck Page Santa Clara County Expressway Plan 2040 Policy Advisory Board—one more meeting is planned for next year. Consequently, a new representative from the City of Saratoga should be appointed to serve on the Board. West Valley Sanitation District—the District recently conducted a flow study and requested that other districts served by the San Jose-Santa Clara Regional Wastewater Facility also conduct updated flow studies, because the treatment plan is expected to base fees on average flow. Additionally, the Treatment Plant Advisory Committee will be meeting November 20th. Council Member Jill Hunter KSAR Community Access TV Board—the Board met on November 18,2014 and expressed concerns about the microphones in the Civic Theater. Saratoga Historical Foundation—the next meeting is November 20,2014. CITY COUNCIL ITEMS None CITY MANAGER'S REPORT None ADJOURNMENT MILLER/CAPPELLO MOVED TO ADJOURN THE MEETING AT 9:39 P.M. MOTION PASSED. AYES: LO, MILLER, CAPPELLO, PAGE, HUNTER.NOES:NONE. ABSTAIN: NONE. ABSENT:NONE. Minutes resile fully sub e CryBothelio, City Clerk Page 9 of 9