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HomeMy WebLinkAbout01-18-2017 City Council MinutesMINUTES WEDNESDAY, JANUARY 18, 2017 SARATOGA CITY COUNCIL REGULAR MEETING At 5:00 p.m. the Saratoga City Council did not have a quorum for the Study Session in the Administrative Conference Room at Saratoga City Hall at 13777 Fruitvale Avenue. The meeting was rescheduled for February 1, 2017 At 7:00 p.m., Mayor Emily Lo called the Regular Session to order and led the Pledge of Allegiance. ROLL CALL PRESENT Mayor Emily Lo, Council Members Manny Cappello, Howard Miller, Rishi Kumar ABSENT Vice Mayor Mary -Lynne Bemald (Excused) 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 Ordofiez, Community Development Director Michael Taylor, Recreation & Facilities Director Sandy Bailey, Project Manager REPORT ON POSTING OF THE AGENDA City Clerk Crystal Bothelio reported that the agenda was property posted on January 12, 2017 Mayor Lo asked for a motion to move Council Announcements to the end of the meeting. CAPPELLO/MILLER MOVED TO MOVE THE COUNCIL ANNOUNCMENTS TO THE END OF THE COUNCIL MEETING, WITH ONE EXCEPTION. MOTION PASSED. AYES, LO, CAPPELLO, MILLER. KUMAR. NOES. NONE. ABSTAIN: NONE. ABSENT BERNALD REPORT FROM STUDY SESSION MEETING Mayor Lo reported that this meeting is moved to February 1, 2017 in the Administrative Conference Room at Saratoga City Hall at 13777 Fruitvale Avenue. ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS Jim Stallman spoke on the potential changes in the VTA bus routes and encouraged the City Council to retain service in Saratoga. CITY COUNCIL ANNOUNCEMENTS Council Member Miller announced that the Valley Transportation Agency (VTA) is going through a review of all bus stops to improve ridership and farebox recovery. A VTA spokesperson is attending a meeting on January 25 at the Saratoga Senior Center at 1.15 p.m. and feedback on the plan is encouraged. There are other meetings in nearby cities for the next 4 weeks. CEREMONIAL ITEMS Proclamation Declaring January 2017 as National Human Trafficking Awareness Month Recommended Action: Present proclamations to Saratoga Federated Church Anti -Human Trafficking Task Force and to Saint Andrews Episcopal Church Anti -Human Trafficking Task Force. Mayor Lo and members of the City Council presented the proclamation to the Saratoga Federated Church Anti -Human Trafficking t ask Force and to Saint Andrew s Episcopal Church Anti -Human Trafficking Task Force. Proclamation Declaring January 13, 2017 as Lung Cancer Awareness Day Recommended Action: Present the proclamation to representatives of the Bonnie J. Addario Lung Cancer Foundation. Mayor Lo and members of the City Council presented the proclamation to representatives of the Bonnie J. Addario Lung Cancer Foundation and family and friends of former Council Member Susie Nagpal. 1. CONSENT CALENDAR 1 1 City Council Meeting Minutes Recommended Action: Approve the City Council minutes for the Special City Council Meeting on December 15, 2016 and Regular City Council Meeting on December 21, 2016. MILLER/CAPPELLO MOVED TO APPROVE THE CITY COUNCIL MINUTES FOR THE SPECIAL CITY COUNCIL MEETING ON DECEMBER IS. 2016 AND REGULAR CITY COUNCIL MEETING ON DECEMBER 21. 2016. MOTION PASSED. AYES, LO, CAPPELLI). MII,LER, KUMAR. NOES. NONE. ABSTAIN: NONE. ABSENT BERNALD. 1.2. Review of Accounts Payable Check Registers Recommended Action: Review and accept check registers for the following accounts payable payment cycles: 12/20/2016 Period 6; and 0I/10/2017 Period 7 MILLER/CAPPELLO MOVED TO REVIEW AND ACCEPT CHECK REGISTERS FOR THE FOLLOWING ACCOUNTS PAYABLE PAYMENT CYCLES: 12/20/2016 PERIOD 6: AND 01/10/2017 PERIOD 7. MOTION PASSED, AYES. LO, CAI'PEL1 0, MILLER, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT BERNALD. 1.3. Treasurer s Report for the Month Ended November 30, 2016 Recommended Action: Review and accept the amended Treasurer's Report for the month ended November 30, 2016. MILLER/CAPPELLO MOVED TO ACCEPT THE AMENDED TREASURER'S REPORT FOR THE MONTH ENDED NOVEMBER 30, 2016. MOTION PASSED. AYES, LO. CAPPELLO, MILLER, KUMAR. NOES. NONE. ABSTAIN: NONE ABSENT BERNALD. 1 4. Resolution Authorizing Final Disposition of Certain City Records Recommended Action: Adopt resolution authorizing final disposition of certain city records. RESOLUTION 17-001 MILLER/CAPPELLO MOVED TO ADOPT RESOLUTION AUTHORIZING FINAL DISPOSITION OF CERTAIN CITY RECORDS. MOTION PASSED. AYES, LO, CAPPELLO, MILLER, KUMAR. NOES. NONE. ABSTAIN. NONE ABSENT BERNALD. 1.5. Notice of Completion --2016 Pavement Management Program. Recommended Action: Move to accept the 2016 Pavement Management Program contract as complete and authorize staff to record the Notice of Completion. AIILLER'CAPPE.LLO MOVED TO ACCEPT THE 2016 PAVEMENT MANAGEMENT PROGRAM CONTRACT AS COMPLETE AND AUTHORIZE STAFF TO RECORD THE NOTICE OF COMPLETION. MOTION PASSED. AYES. LO, CAPPELLO, MILT ER, KUMAR. NOES, NONE. ABSTAIN: NONE. ABSENT BERNALD 1.6. Second Reading of City Code Amendments to conform Second (Accessory) Dwelling Unit regulations with recently enacted State Laws Recommended Action: Waive the second reading and adopt the attached ordinance revising the City Code Article 15-56 (Second Dwelling Unit Ordinance). ORDINANCE 348 MILLER/CAPPELLO MOVED TO WAIVE THE SECOND READING AND ADOPT THE ATTACHED ORDINANCE REVISING THE CITY CODE ARTICLE 15-56 (SECOND DWELLING UNIT ORDINANCE'. MOTION PASSED. AYES, LO, CAPPELLO, MILLER, KUMAR. NOES. NONE. ABSTAIN: NONE. ABSENT BERNALD. 1.7 Council Resolution to approve side letters of agreement for the UNION, SEA, and amend the Employment Policy for Unrepresented Employees. Recommended Action: Adopt resolution to: I Amend the Memorandum of Understanding between the City and the UNION by adopting the Side Letter Agreement; 2. Amend the Memorandum of Understanding between the City and the SEA by adopting the Side Letter Agreement: and 3. Amend the Employment Policy for Unrepresented Employees. RESOLUTION 17-002 MILLER/CAPPELLO MOVED TO ADPORT THE RESOLUTION TO (1) AMEND THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE UNION BY ADOPTING THE SIDE LETTER AGREEMENT; (2) AMEND THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE SEA BY ADOPTING THE SIDE LETTER AGREEMENT: AND (3) AMEND THE EMPLOYMENT POLICY FOR UNREPRESENTED EMPLOYEES. MOTION PASSED. AYES, LO, CAPPELLO, MILLER, KUMAR. NOES. NONE. ABSTAIN: NONE. ABSENT BERNALD 1.8. Third Amendment to the Hakone Gardens Master Plan Development Agreement Recommended Action: Approve the Third Amendment to the Development Agreement amending funding for Master Plan improvements. MILLER/CAPPELLO MOVED TO APPROVE THE THIRD AMENDMENT TO THE DEVELOPMENT AGREEMENT AMENDING FUNDING FOR MASTER PLAN IMPROVEMENTS. MOTION PASSED. AYES, LO, CAPPELLO, MILLER, KUMAR. NOES. NONE. ABSTAIN: NONE. ABSENT BERNALD. 1.9. Response to Santa Clara County Civil Grand Jury Follow -Up Request Recommended Action: Review the request and authorize the Mayor to sign the proposed response. MILLER/CAPPELLO MOVED TO AUTHORIZE THE MAYOR TO SIGN THE PROPOSED RESPONSE TO THE SANTA CLARA COUNTY CIVIL GRAND JURY MOTION PASSED. AYES. LO, CAPPELLO, MILLER, KUMAR. NOES. NONE. ABSTAIN: NONE. ABSENT BERNALD. 2. PUBLIC HEARING 2.1 APPC16-0003 - Appeal of Design Review application fora new two-story residence at Paramount Ct — Lot 7 Recommended Action: Conduct a public hearing and adopt a resolution denying the appeal. Council Member Miller announced that he would need to recuse himself from this item and item 2.2, he then left the Council Chambers before the start of the item. Erwin Ordofiez, Community Development Director, announced that the Council has a desk item that outlines a compromise that appellant and applicant had worked out. Mayor Lo opened the public hearing. Raghav Sharma, the appellant, provided opening remarks. Mark Garcia, the applicant, provided opening remarks. Mayor Lo invited public comment. The following people requested to speak. Dede Smullen, Planning Commission Chair Joyce Hlava, Planning Commissioner Sandy Miller Catherine Morocco Mark Garcia, the applicant, provided closing remarks. Raghav Sharma. the appellant, provided closing remarks. Mayor Lo closed the public hearing. RESOLUTION 17-003 CAPPELLO/KUMAR MOVE TO ADOPT THE AMENDED RESOLUTION APPROVING RESIDENCE AT PARAMOUNT COURT —LOT 7 WITH REVISED CONDITION OF APPROVAL. WITH THESE CONDITIONS: (1) THE ARCHITECTURAL STYLE OF THE REVISED PLANS SHALL BE THE SAME AS THE ORIGINAL PLANS; (2) THE EXTERIOR MATERIALS OF THE REVISED PLANS SHALL BE SIMILAR TO THE MATERIALS ORIGINALLY PROPOSED; AND (3)THE EXTERIOR COLORS SHALL BE SIMILAR TO THE COLORS ORIGINALLY PROPOSED. MOTION PASSED. AYES, LO. CAPPELLO, KIIMAR. NOES. NONE. ABSTAIN: MILLER. ABSENT BERNALD. 2.2. Notice of Continuation of Appeal Hearings for Paramount Court Lots I, 2, 3, and 5 Recommended Action: Informational only. No action needed. Before the start of item 2.1, Council Member Miller recused himself from item 2.I and 2.2 and left the Council Chambers. Crystal Bothelio, City Clerk/Asst. to the City Manager, presented the stats report on this item. Council Member Miller announced that he would need to recuse himself from this item. Mayor Lo invited public comment. No one requested to speak. After the conclusion of item 2.2, Council Member Miller returned to the Council Chambers. 2.3. Hazardous Vegetation Program Resolution Declaring Abatement of Public Nuisance Recommended Action: Conduct public hearing and adopt resolution. Crystal Bothelio, City Clerk/Asst. to the City Manager. presented the staff rcpon on this item. Moe Kumre, Santa Clara County Weed Abatement Program Manager. addressed questions from the Cin Council. Mayor Lo invited public comment. The following people requested to speak. Charley Oveland Tadashi Okuno Martin Rossip Nigel Ball John Keenan Christina Garrod Cagliostro Justin James Johnston Anita Spiro Kenley Wong Jeffrey Patterson John Cagliostro Ellen Urrutia Dory Albert Vito Minetti Haidah Karkhanech Fari Moazeni Mahbouba Moazeni Yu Fen Hion Ng Soo Eng Robert Yager Rafik Buva Danny Hui Sherman Fan Robert Hsiau Kikyun Jeo Devendra Singh Mayor Lo closed the public hearing. MITI:ER/CAPPELLO MOVED' 10 CONTINUE THE HEARING TO MARCH 15, 2017 ANI) DIRECTED STAFF TO: IIELP CONNECT WEED ABATEMENT PROGRAM STAFF WITII PROPERTY OWNERS WHO FEEL THEY SHOULD NOT BE ON THE LIST; SEND A LETTER TO PROPERTY OWNERS ON THE LIST WITH INFORMATION ABOUT HOW TO REQUEST BEING REMOVED FROM THE WEED ABATEMENT PROGRAM LIST; WORK WITH WEED ABATEMENT PROGRAM AND COUNTY FIRE STAFF TO CREATE COMMON MESSAGING AND OUTREACH MATERIAL; SEND NOTICES TO EVERYONE ON THE WEED AND BRUSH ABATEMENT LISTS PRIOR TO HEARINGS HELD BY THE CITY; AND TO ESTABLISH A COMMUNICATION PLAN FOR THE WEED AND BRUSH ABATEMENT PROGRAMS EXPLAINING REQUIREMENTS ANI) THE PROGRAM PROCESSES THAT INCLUDES DETAILS ABOUT HOW TO REOUEST REMOVAL FROM THE PROGRAMS. MO TION PASSED. AYES, LO. CAPPELLO, KUMAR. NOES. NONE. ABSTAIN: MILLER. ABSENT BEERNALD. The City Council took a 5 minute recess at 10:27 p.m. 3. OLD BUSINESS None 4. NEW BUSINESS 4.1. 2017 America in Bloom Program Recommended Action: Approve funding for the 2017 America in Bloom Program and authorize an allocation of 517.000 from the City Council Discretionary Fund in the Fiscal Year 2016/17 Budget. John Cherbone. Public Works Director. presented the statT repos. Manor Lo innitcd public comment. Jill hunter MLLI.ER/CAPPELLO MOVED TO APPROVE FUNDING FOR THE 2017 AMERICA IN BLOOM PROGRAM AND AUTHORIZE AN ALLOCATION OF $17,000 FROM THE CITY COUNCIL DISCRETIONARY FUND IN THE FISCAL YEAR 2016/17 BUDGET, MOTION PASSED. AYES, LO, CAPPELLO, MILLER, KUMAR. NOES. NONE. ABSTAIN: NONE. ABSENT BERNALD 4.2. Adoption of City Council Assignments Finance Committee Recommended Action: Approve the resolution amending the City Council assignments. Crystal Bothelio, City Clerk/Asst. to the City Manager. presented the staff report on this item. Mayor Lo invited public comment. No one requested to speak. RESOLUTION NO. 17-004 CAPPELLO/KUMAR MOVED TO APPROVE THE RESOLUTION AMENDING CITY COUNCIL ASSIGNMENTS WITH COUNCIL MEMBER MILLER AS PRIMARY MEMBER OF FINANCE COMMITTEE AND MAYOR LO AS SECONDARY MEMBER. MOTION PASSED. AYES, LO, CAPPELLO, MILLER, KUMAR. NOES. NONE. ABSTAIN: NONE. ABSENT BERNALD. CITY COUNCIL ANNOUNCEMENTS After concluding Item 4.1 the City Council returned to City Council Announcements. Council Member Kumar announced that the Saratoga Village Development Council (SVDC) is once again having school children create Love Notes, which are displayed in Village business windows. Free weekly Sunday classes are back in the Joan Pisani Community Center, including Coders Club. Yoga, and Bollywood Fitness. Mayor Lo spoke on the Neighborhood Watch grants that are available with more information available on City s website. CITY COUNCIL ASSIGNMENT REPORTS Mayor Emily Lo Halwne Foundation Board & Executive Committee —Hakone Chinese New Year Celebration is on February 19. At an upcoming meeting, the Board will discuss revisions to the bylaws. KSAR Community Access TV Board — the Board is in process of making improvements to their website and purchased equipment for studio audio upgrades. Vice Mayor Mary -Lynne Bemald No report Council Member Manny Cappello Cines Association of Santa Clara County — at the meeting last week, the CPUC letter was approved unanimously Cities Association of Santa Clara County -Selection Committee — Council Member Cappello attended on behalf of Vice Mayor Bemald. There were 11 appointments to various regional boards. Vice Mayor Bemald was appointed as the West Valley cities representative to the Recycling and Waste Reduction Commission. Saratoga Area Senior Coordinating Council ISASCC) — the Age Friendly committee on January 17 Some Parks & Recreation Commissioners attended and put forward the idea of videotaping parks so that people unable to access the parks could still enjoy them. Council Member Howard Miller America in Bloom Committee — the Committee met yesterday to discuss the America in Bloom item on tonight's meeting. Also have a meeting tomorrow. Saratoga Ministerial Association — Council Member Miller has a conflict with the next scheduled meeting, as does Mayor Lo — the alternate. Council Member Cappello will attend. Silicon Valley Clean Energy Authority Board of Directors — postcards to residents will be going out next week around January 23. Customers will receive 4 notices in total. If residents do nothing, they become part of SiliconValley Clean Energy, which should be providing cheaper energy than PG&E. VTA State Route 85 Corridor Policy Advisory Board — Council Member Miller announced he was appointed as Chair with John McAllister as Vice Chair. VTA recently changed its logo. Council Member Rishi Kumar Saratoga Chamber of Commerce & Destination Saratoga — there is a meeting next week to discuss collaborative projects. .Santa Clara Valley Water District Commission — the Commission and Board both meet next week. With the City Manager's help, Council Member Kumar is creating a letter to send to both bodies to recommend removal of 20% drought conservation requirement. CITY COUNCIL ITEMS None CITY MANAGER'S REPORT None ADJOURNMENT MILLER/CAPPELLO MOVED TO ADJOURN THE MEETING AT 11.28 P.M. MOTION PASSED. AYES. LO, CAPPELLO, MILLER, KUMAR. NOES. NONE. ABSTAIN: NONE. ABSENT BERNALD utes respettfu submitted: r y� I Bothelio. ity Clerk City of Saratoga