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HomeMy WebLinkAbout12-07-2016 City Council MinutesMINUTES WEDNESDAY, DECEMBER 7, 2016 SARATOGA CITY COUNCIL REGULAR MEETING At 5:00 p.m., the City Council held a Closed Session in the Administrative Conference Room at Saratoga City Hall at 13777 Fruitvale Avenue. At 6:00 p.m. the City Council held a Joint Meeting with State Assembly Member Evan Low. At 7:05 p.m., Mayor Manny Cappello called the Regular Session to order in the Civic Theater at 13777 Fruitvale Avenue and led the Pledge of Allegiance. ROLL CALL PRESENT Mayor Manny Cappello, Vice Mayor Emily Lo. Council Members Mary -Lynne Bemald, Howard Miller, Rishi Kumar ABSENT None ALSO PRESENT James Lindsay, City Manager Richard Taylor, City Attorney Crystal Bothelio, City Clerk/Asst. to City Manager John Cherbone, Public Works Director Mary Furey, Finance & Administrative Services Director Erwin Ordonez, Community Development Director Michael Taylor. Recreation & Facilities Director Captain Rich Urena, Santa Clara County Sheriffs Office Sung Kwon, Senior Planner REPORT ON POSTING OF THE AGENDA City Clerk Crystal Bothelio reported that the agenda was property posted on December I, 2016. REPORT FROM CLOSED SESSION Mayor Cappello announced that there was nothing to report from Closed Session. REPORT FROM JOINT MEETING State Assembly Member Evan Low provided an overview of the City Council's Joint Meeting, noting that the group discussed constituent concerns regarding water rates. The group also discussed legislative and budget priorities. ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS Dr. Hugh Roberts spoke about public art, including the efforts of the Public Art Ad Hoc and Montalvo Arts Center to install PLACE and fundraising for the Willys and Betty Peck bronzes. He noted the opportunity for public art as part of the updates planned for the Village policies and shared information about a public art meeting at Montalvo in January Saratoga City Council Minutes — Page 1 of 10 CITY COUNCIL ANNOUNCEMENTS Council Member Kumar announced efforts to establish a Neighborhood Watch Group on Ronnie Way, vacation patrol requests available through the Sheriffs Office, the Safe Saratoga Committee surveillance camera pilot. and Saratoga Unity in Community event on January 13. Council Member Miller announced activities and programs available through the Saratoga Recreation Activity Guide and advised residents to watch out for package thefts and encouraged them to report thefts to 911 Council Member Bemald announced the Saratoga Historical Foundation and Hakone Foundation Amazon Smile pages. She also provided information about Saratoga Historical Foundation memberships. She then announced that the FAA Select Committee on South Bay Arrivals released its recommendation on November 17 Vice Mayor Lo provided information about the benefits of a library card through the Santa Clara County Library District. Mayor Cappello announced the City Council Reorganization on December 15, shared that the City received the Best in Tobacco Free Communities Award at the Santa Clara County Healthy Cities Conference, and announced the City's new Neighborhood Watch online forum. CEREMONIAL ITEMS Appointment of Traffic Safety and Heritage Preservation Commissioners and Oath of Office Recommended Action: Approve the attached resolution appointing I member to the Traffic Safety Commission and 2 members to the Heritage Preservation Commission; and direct the City Clerk to administer the Oath of Office. RESOLUTION NO. 16-066 BERNALD/MILLER MOVED TO APPROVE THE ATTACHED RESOLUTION APPOINTING 1 MEMBER TO THE TRAFFIC SAFETY COMMISSION AND 2 MEMBERS TO THE HERITAGE PRESERVATION COMMISSION. MOTION PASSED. AYES, CAPPELLO, LO, BERNALD, MILLER, KUMAR. NOES. NONE. ABSTAIN: NONE. ABSENT NONE. City Clerk Crystal Bothelio administered the oath of office. SPECIAL PRESENTATIONS Silicon Valley Clean Energy Authority Status Update Recommended Action: Receive presentation from Silicon Valley Clean Energy Authority to provide Saratoga with a status update on the JPA s Implementation and launch plans. Toni Habashi, Silicon Valley Clean Energy Authority Chief Executive Officer, provided a presentation to the City Council. Mayor Cappello invited public comment on the item. Saratoga City Council Minutes — Page 2 of 10 No one requested to speak. 1. CONSENT CALENDAR 1.1. City Council Meeting Minutes Recommended Action: Approve the City Council minutes for the Regular City Council Meeting on November 16, 2016. KUMAR/BERNALD MOVED TO APPROVE THE CITY COUNCIL MINUTES FOR THE REGULAR CITY COUNCIL MEETING ON NOVEMBER 16, 2016. MOTION PASSED. AYES. CAPPELLO, LO, BERNALD, MILLER, KUMAR. 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: 11/15/2016 Period 5; 11/22/2016 Period 5; and 11/29/2016 Period 5. KUMAR/BERNALD MOVED TO ACCEPT CHECK REGISTERS FOR THE FOLLOWING ACCOUNTS PAYABLE PAYMENT CYCLES: 11/15/2016 PERIOD 5; 11/22/2016 PERIOD 5; AND 11/29/2016 PERIOD 5. MOTION PASSED. AYES, CAPPELLO, LO, BERNALD, MILLER, KUMAR. NOES. NONE. ABSTAIN: NONE. ABSENT NONE. 1.3. Treasurer's Report for the Month Ended October 31, 2016 Recommended Action: Review and accept the Treasurer's Report for the month ended October 31, 2016. KUMAR/BERNALD MOVED TO ACCEPT THE AMENDED TREASURER'S REPORT FOR THE MONTH ENDED OCTOBER 31, 2016. MOTION PASSED. AYES, CAPPELLO, LO. BERNALD. MILLER, KUMAR. NOES. NONE. ABSTAIN: NONE. ABSENT NONE. 1.4. Subordination Agreement for Silicon Valley Clean Energy Authority Financing Recommended Action: Authorize the City Manager to execute a subordination agreement with River City Bank in conjunction with the Credit Agreement to provide financing for the Silicon Valley Clean Energy Authority KUMAR/BERNALD MOVED TO AUTHORIZE THE CITY MANAGER TO EXECUTE A SUBORDINATION AGREEMENT WITH RIVER CITY BANK IN CONJUNCTION WITH THE CREDIT AGREEMENT TO PROVIDE FINANCING FOR THE SILICON VALLEY CLEAN ENERGY AUTHORITY MOTION PASSED. AYES, CAPPELLO, LO, BERNALD, MILLER, KUMAR. NOES. NONE. ABSTAIN: NONE. ABSENT NONE. 1 5. Resolution Updating the City's Records Retention Schedule Recommended Action: Adopt the resolution updating the City's Records Retention Schedule. Saratoga City Council Minutes — Page 3 of 10 RESOLUTION NO. 16-065 KUMAR/BERNALD MOVED TO ADOPT THE RESOLUTION UPDATING THE CITY'S RECORDS RETENTION SCHEDULE. MOTION PASSED. AYES, CAPPELLO, LO, BERNALD, MILLER, KUMAR. NOES. NONE. ABSTAIN: NONE. ABSENT NONE. Mayor Cappello suggested that item 4.1 Silicon Valley Clean Energy Authority Renewable Energy Options be heard before proceeding to the public hearings. BERNALD/LO MOVED TO REORDER THE AGENDA TO HEAR ITEM 4.1 SILICON VALLEY CLEAN ENERGY AUTHORITY RENEWABLE ENERGY OPTIONS BE HEARD BEFORE PROCEEDING TO THE PUBLIC HEARINGS. MOTION PASSED. AYES, CAPPELLO, LO, BERNALD, MILLER, KUMAR. NOES. NONE ABSTAIN: NONE. ABSENT NONE. 2. PUBLIC HEARING 2.1 APPC 16-0001 - Appeal of Design Review Approval for a new two-story residence at 14011 June Way Recommended Action: Conduct a public hearing and adopt a resolution denying the appeal. Council Member Miller disclosed he met with neighbors who live near the project site. Council Member Kumar disclosed he spoke with the applicant in July Vice Mayor Lo disclosed she received emails and spoke with neighbors who live near the project site. Sung Kwon, Senior Planner, presented the staff report. Planning Commission Vice Chair Tina Walia and Planning Commissioner Len Almalech addressed questions from the City Council. John Moriarty provided opening remarks on behalf of the appellant. Sandeep Bharathi, Sindhu Subramanyam, and Eugene Sakai provided opening remarks on behalf of the applicant. Mayor Cappello invited public comment on the item. The following people requested to speak: Alicia Woo spoke in favor of upholding the appeal Lance Archer spoke in favor of upholding the appeal Patrick Loo spoke in favor of upholding the appeal Teresa Nolan spoke in favor of upholding the appeal Saratoga City Council Minutes — Page 4 of 10 Sally Suckow spoke in favor of upholding the appeal Mary Moriarty spoke in favor of upholding the appeal John Suckow spoke in favor of upholding the appeal Fred Wu spoke in favor of upholding the appeal Diwakas Tundlam spoke in opposition of upholding the appeal Leena Narayanaswamy spoke in opposition of upholding the appeal Roger No one else requested to speak. Sandeep Bharathi, Sindhu Subramanyam, Eugene Sakai, and Barton Hechtman provided closing remarks on behalf of the applicant. Jim Nolan provided closing remarks on behalf of the appellant. Mayor Cappello closed the public hearing. Council Member Miller requested to ask additional of the architect hired by the applicant. Mayor Cappello reopened the public hearing. Eugene Sakai, architect for the applicant, addressed questions from the City Council. Mayor Cappello closed the public hearing. Community Development Director Erwin Ordofiez addressed questions from the City Council. Mayor Cappello announced a short break. After returning from the break, Mayor Cappello reopened the public hearing and invited the applicant and appellant to speak about. Eugene Sakai spoke on behalf of the applicant. John Moriarty spoke on behalf of the appellant. Mayor Cappello closed the public hearing. Saratoga City Council Minutes — Page 5 of 10 RESOLUTION NO. 16-067 BERNALD/LO MOVED TO ADOPT A RESOLUTION DENYING THE APPEAL WITH THE FOLLOWING CONDITIONS OF APPROVAL. REDUCE THE OVERALL HEIGHT OF THE BUILDING BY 1 TO 2 FEET WHILE MAINTAINING THE SCALE AND ARCHITECTURAL INTEGRITY OF THE DESIGN IN A MANNER APPROVED BY THE COMMUNITY DEVELOPMENT DIRECTOR; A HORIZONTAL TRELLIS ALONG THE FULL LENGTH OF THE WESTERN WALL OF THE BUILDING; REMOVAL OF THE PERGOLA; A PERMANENT CONDITION OF APPROVAL RECORDED ON THE PROPERTY FOR THE FROSTED WINDOWS IN BEDROOM 2; AND INCLUDE A CONSTRUCTION MANAGEMENT PLAN AS A CONDITION OF APPROVAL THAT IS CONSISTENT WITH DIRECTION FROM THE CITY MANAGER AND COMMUNITY DEVELOPMENT DIRECTOR. MOTION PASSED. AYES, CAPPELLO, LO, BERNALD. MILLER, KUMAR. NOES. NONE. ABSTAIN: NONE. ABSENT NONE. 2.2. City Code Amendments to conform Second (Accessory) Dwelling Unit regulations with recently enacted State Laws Recommended Action: I Conduct a public hearing. 2. Introduce and waive the first reading of the ordinance. 3. Direct staff to place the ordinance on the Consent Calendar for adoption at the next regular meeting of the City Council. Mayor Cappello opened the public hearing and invited public comment. No one requested to speak. MILLER/BERNALD MOVED TO CONTINUE THE ITEM TO THE DECEMBER 21 2016 CITY COUNCIL MEETING. MOTION PASSED. AYES. CAPPELLO, LO, BERNALD, MILLER. KUMAR. NOES. NONE. ABSTAIN: NONE. ABSENT NONE. 2.3. Proposed Urgency Interim Ordinance Extending a Temporary Moratorium on the Outdoor Cultivation of Marijuana Recommended Action: After holding a public hearing and considering public testimony. staff recommends that the City Council (1) issue the Written Report for Ordinance No. 343 describing the measures the City is taking to alleviate the condition that led to the adoption of the ordinance (attached as Attachment A to this staff report) and (2) adopt an urgency interim ordinance extending an existing prohibition on the outdoor cultivation of marijuana in the City of Saratoga for a period of 22 months and 15 days to October 22, 2018 and directing preparation of a report addressing the public health, safety. and welfare issues identified in the ordinance (attached as Attachment C to this staff report). City Attorney Richard Taylor provided the staff report on the item. Mayor Cappello invited public comment on the item. No one requested to speak. Saratoga City Council Minutes - Page 6 of 10 ORDINANCE NO. 347 MILLER/BERNALD MOVED TO ISSUE THE WRITTEN REPORT FOR ORDINANCE NO. 343 DESCRIBING THE MEASURES THE CITY IS TAKING TO ALLEVIATE THE CONDITION THAT LED TO THE ADOPTION OF THE ORDINANCE (ATTACHED AS ATTACHMENT A TO THIS STAFF REPORT1 AND (2) ADOPT AN URGENCY INTERIM ORDINANCE EXTENDING AN EXISTING PROHIBITION ON THE OUTDOOR CULTIVATION OF MARIJUANA IN THE CITY OF SARATOGA FOR A PERIOD OF 22 MONTHS AND 15 DAYS TO OCTOBER 22, 2018 AND DIRECTING PREPARATION OF A REPORT ADDRESSING THE PUBLIC HEALTH, SAFETY, AND WELFARE ISSUES IDENTIFIED IN THE ORDINANCE BEFORE THE END OF 2017 MOTION PASSED. AYES, CAPPELLO LO BERNALD, MILLER, KUMAR. NOES. NONE. ABSTAIN: NONE. ABSENT NONE. 2.4. Formation of Arrowhead Community Facilities District Recommended Action: Open the public hearing and receive public testimony on formation of the Arrowhead Community Facilities District (No. 16-1): and continue the public hearing to the December 21, 2016 City Council Meeting. Mayor Cappello opened the public hearing and invited public comment on the item. No one requested to speak. MILLER/BERNALD MOVED TO CONTINUE THE ITEM TO THE DECEMBER 21 2016 CITY COUNCIL MEETING. MOTION PASSED. AYES, CAPPELLO, LO, BERNALD, MILLER, KUMAR. NOES. NONE. ABSTAIN: NONE. ABSENT NONE. 3. OLD BUSINESS None 4. NEW BUSINESS 4.1 Silicon Valley Clean Energy Authority Renewable Energy Options Recommended Action: Provide direction on Council's preferred renewable energy supply option for the City s renewable energy services accounts, once the Silicon Valley Clean Energy Authority s 100% carbon free electricity services become available. Mary Furey, Finance/Administrative Services Director, presented the staff report. Mayor Cappello invited public comment on the item. No one requested to speak. MILLER/KUMAR MOVED TO DIRECT STAFF TO PROCEED WITH THE SILICON VALLEY CLEAN ENERGY AUTHORITY GREEN PRIME ENERGY PLAN AND EVALUATE THE CITY'S SUPPLY OPTION IN APPROXIMATELY 1 YEAR. MOTION PASSED AYES, CAPPELLO, LO, BERNALD, MILLER, KUMAR. NOES. NONE. ABSTAIN: NONE. ABSENT NONE. Saratoga City Council Minutes — Page 7 of 10 4.2. Highway 9 Improvements Phase IV - Construction Contract Award and Cooperative Agreement Approval Recommended Action: 1 Move to declare GradeTech, Inc. of San Ramon to be the lowest responsible bidder on the project and award a construction contract to this company in the amount of $730,827.00 2. Move to authorize staff to execute change orders to the contract for alternate bid items and for unforeseen circumstances up to $146,000. 3. Adopt a resolution authorizing the City Manager to execute a Cooperative Agreement between the City of Saratoga and the City of Monte Sereno for the Highway 9 Safety Improvement Project Phase IV City Manager James Lindsay provided the staff report on the item. Mayor Cappello invited public comment on the item. No one requested to speak. RESOLUTION NO. 16-068 BERNALD/MILLER MOVED TO: 1. DECLARE GRADETECH, INC. OF SAN RAMON TO BE THE LOWEST RESPONSIBLE BIDDER ON THE PROJECT AND AWARD A CONSTRUCTION CONTRACT TO THIS COMPANY IN THE AMOUNT OF $730,827.00; 2. AUTHORIZE STAFF TO EXECUTE CHANGE ORDERS TO THE CONTRACT FOR ALTERNATE BID ITEMS AND FOR UNFORESEEN CIRCUMSTANCES UP TO $146,000; AND 3. ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A COOPERATIVE AGREEMENT BETWEEN THE CITY OF SARATOGA AND THE CITY OF MONTE SERENO FOR THE HIGHWAY 9 SAFETY IMPROVEMENT PROJECT PHASE IV MOTION PASSED AYES, CAPPELLO LO BERNALD, MILLER, KUMAR. NOES. NONE. ABSTAIN: NONE. ABSENT NONE. MILLER/BERNALD MOVED TO AUTHORIZE STAFF TO REMOVE THE BUILDING RISK INSURANCE REQUIREMENT IN THE COOPERATIVE AGREEMENT BETWEEN THE CITY OF SARATOGA AND THE CITY OF MONTE SERENO FOR THE HIGHWAY 9 SAFETY IMPROVEMENT PROJECT PHASE IV IF MONTE SERENO AGREES WITH THAT REVISION. MOTION PASSED. AYES, CAPPELLO, LO, BERNALD, MILLER, KUMAR. NOES. NONE. ABSTAIN: NONE. ABSENT NONE. 4.3. Discussion of Minimum Wage Ordinance Recommended Action: Receive report and direct staff accordingly Crystal Bothelio, City Clerk/Asst. to the City Manager, presented the staff report. Mayor Cappello invited public comment on the item. The following people requested to speak: Gary Smith Saratoga City Council Minutes — Page 8 of 10 Marcus Breitbach Chuck Page No one else requested to speak. LO/MILLER MOVED TO TAKE NO ACTION RELATED TO A LOCAL MINIMUM WAGE AT THIS TIME. MOTION PASSED. AYES, CAPPELLO, LO, BERNALD, MILLER, KUMAR. NOES. NONE. ABSTAIN: NONE. ABSENT NONE. 4.4. Use of Public Right of Way for Private Surveillance Cameras Recommended Action: Accept staff report and provide direction to staff. KUMAR/MILLER MOVED TO CONTINUE THIS ITEM TO THE FEBRUARY 1. 2017 CITY COUNCIL MEETING. MOTION PASSED. AYES, CAPPELLO, LO, BERNALD, MILLER, KUMAR. NOES. NONE. ABSTAIN: NONE. ABSENT NONE. 4.5. Review of City Council Assignments Recommended Action: Review the list of City Council assignments and provide direction on changes to items included in the assignments. Crystal Bothelio, City ClerklAsst. to the City Manager. presented the staff report. Mayor Cappello invited public comment on the item. No one requested to speak. MILLER/BERNALD MOVED TO ADD AN AMERICA IN BLOOM LIAISON TO THE LIST OF ASSIGNMENTS. MOTION PASSED. AYES, CAPPELLO. LO. BERNALD, MILLER, KUMAR. NOES. NONE. ABSTAIN: NONE. ABSENT NONE. BERNALD/LO MOVED TO ADD A PUBLIC ART COMMITTEE COMPRISED OF 2 COUNCIL MEMBERS TO THE LIST OF ASSIGNMENTS. MOTION PASSED. AYES, CAPPELLO. LO, BERNALD, MILLER, KUMAR. NOES. NONE. ABSTAIN: NONE. ABSENT NONE. Mayor Cappello proposed that the Age Friendly Commission be included as part of the SASCC assignment. CITY COUNCIL ASSIGNMENT REPORTS Mayor Manny Cappello No report Vice Mayor Emily Lo No report Council Member Mary -Lynne Bemald Saratoga City Council Minutes — Page 9 of 10 No report Council Member Howard Miller No report Council Member Rishi Kuma No report CITY COUNCIL ITEMS Council Member Miller nominated a capital improvement project — to take responsibility of the State Route 85 on-mmp'off--ramp landscaping at Saratoga As enue and beautifying the area. including trash pickup. Council Member Bernald supported the nominated project. CI'T'Y MANAGER'S REPORT No report ADJOURNMENT BERNALD/LO MOVED 10 ADJOURN THE MEETING AT 1244 A.M. MOTION PASSED. AYES. CAPPELLO, LO. BNRNALD, MILLER. KUMAR. NOES. NONE. ABSTAIN: NONE. ABSENT NONE, ry. Bothelio, Ci City of Saratoga Saratoga City Council Minutes Page 10 of 10