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Home My WebLink About07-05-2017 City Council minutesMINUTES WEDNESDAY, JULY 5, 2017 SARATOGA CITY COUNCIL REGULAR MEETING At 5:30 p.m. the City Council held a Closed Session in the City Hall Administrative Conference Room at 13777 Fruitvale Avenue in Saratoga. At 6:00 p.m., the City Council held a Joint Meeting with the Saratoga Historical Foundation. At 7:04 p.m. Mayor Lo called the regular session to order and led the Pledge of Allegiance. ROLL CALL PRESENT Mayor Emily Lo, Vice Mayor Mary -Lynne Bemald, Council Members Manny Cappello. Howard Miller, Rishi Kumar ABSENT None ALSO PRESENT James Lindsay, City Manager Crystal Bothelio, Deputy City Manager John Cherbone, Public Works Director Mary Furey, Finance & Administrative Services Director Michael Taylor, Recreation & Facilities Director Macedonio Nunez, Associate Engineer Dylan Davis, Recreation Coordinator REPORT ON POSTING OF THE AGENDA Deputy City Manager Crystal Bothelio reported that the agenda for this meeting was properly posted on June 29, 2017 REPORT FROM CLOSED SESSION Mayor Lo announced that there was nothing to report from Closed Session. REPORT FROM JOINT MEETING Annette Stranksy, Saratoga Historical Foundation Board President, provided an overview of the Joint Meeting. She invited the public to the Open Wide & Painless Parker exhibit on the history of dentistry that ends this weekend and a new exhibit on Casa Tiera that will open soon. She also announced upcoming events. ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS Ken McKenzie thanked the City Council for passing the bee keeping ordinance. ANNOUNCEMENTS Mayor Lo announced Silicon Valley Clean Energy enrollment will continue through July, the Saratoga Classic Car Show on July 16, Saratoga Movie Nights, the Saratoga Sister City trip to Croatia, and the Saratoga Sister City Moon Viewing event. Saratoga City Council Minutes — Page 1 of 8 CEREMONIAL ITEMS Proclamation Declaring July 2017 as "Parks Make Life Better!" Month Recommended Action: Present the proclamation to representatives of the City of Saratoga Parks and Recreation Commission. Mayor Emily Lo and the City Council presented the proclamation to Rick Pierce of the Saratoga Parks and Recreation Commission. 1. CONSENT CALENDAR 1.1 City Council Meeting Minutes Recommended Action: Approve the City Council minutes for the Regular City Council Meeting on June 21, 2017 BERNALD/MILLER MOVED TO APPROVE THE CITY COUNCIL MINUTES FOR THE REGULAR CITY COUNCIL MEETING ON JUNE 21, 2017 MOTION PASSED. AYES. LO, BERNALD, CAPPELLO, 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 6/20/2017 Period 12 and 6/27/2017 Period 12. BERNALD/MILLER MOVED TO ACCEPT CHECK REGISTERS FOR THE FOLLOWING ACCOUNTS PAYABLE PAYMENT CYCLES 6/20/2017 PERIOD 12 AND 6/27/2017 PERIOD 12. MOTION PASSED. AYES. LO. BERNALD, CAPPELLO, MILLER, KUMAR. NOES. NONE. ABSTAIN: NONE. ABSENT NONE. 1.3. Treasurer's Report for the Month Ended May 31, 2017 Recommended Action: Review and accept the amended Treasurer's Report for the month ended May 31, 2017 BERNALD/MILLER MOVED TO ACCEPT THE AMENDED TREASURER'S REPORT FOR THE MONTH ENDED MAY 31, 2017 MOTION PASSED AYES. LO, BERNALD. CAPPELLO, MILLER, KUMAR. NOES. NONE. ABSTAIN: NONE. ABSENT NONE. 1.4. Resolution to Establish Property Tax Levy for Debt Service Payments on the Library General Obligation Bonds Recommended Action: Adopt the attached resolution that sets the property tax levy rate to provide for the Library General Obligation Bond's debt service payment at $.0056 per $100 of Assessed Valuation. Council Member Miller removed this item from the Consent Calendar and commented upon it. Saratoga City Council Minutes — Page 2 of 8 RESOLUTION NO. 17-041 MILLER/BERNALD MOVED TO ADOPT THE RESOLUTION THAT SETS THE PROPERTY TAX LEVY RATE TO PROVIDE FOR THE LIBRARY GENERAL OBLIGATION BOND'S DEBT SERVICE PAYMENT AT $.0056 PER $100 OF ASSESSED VALUATION. MOTION PASSED. AYES. LO, BERNALD, CAPPELLO MILLER, KUMAR. NOES. NONE. ABSTAIN: NONE. ABSENT NONE. 1.5. Establish a Fund for New LLA Zone 39 (Brookview) Recommended Action: Move to accept a Budget resolution to establish a fund for the newly created Landscape and Lighting District (LLA) Zone 39 (Brookview). RESOLUTION NO. 17-042 BERNALD/MILLER MOVED TO ACCEPT A BUDGET RESOLUTION TO ESTABLISH A FUND FOR THE NEWLY CREATED LANDSCAPE AND LIGHTING DISTRICT (LLA) ZONE 39 (BROOKVIEW). MOTION PASSED. AYES: LO, BERNALD, MILLER, KUMAR. NOES. NONE. ABSTAIN: CAPPELLO. ABSENT NONE. 1.6. Amendment to Landscape Architect Services Contract with W Jeffrey Heid for the Prospect Road Improvements Project Recommended Action: Move to accept an amendment to the contract for Landscape Architect services with W Jeffrey Heid for the Prospect Road Improvements Project. BERNALD/MILLER MOVED TO ACCEPT AN AMENDMENT TO THE CONTRACT FOR LANDSCAPE ARCHITECT SERVICES WITH W. JEFFREY HEID FOR THE PROSPECT ROAD IMPROVEMENTS PROJECT MOTION PASSED. AYES. LO, BERNALD, CAPPELLO, MILLER, KUMAR. NOES. NONE. ABSTAIN: NONE. ABSENT NONE. 1.7 Contract for Materials Testing Services with CTS for the Prospect Road Improvements Project Recommended Action: Move to accept a contract with Construction Testing Services (CTS) for materials testing services for the Prospect Road Improvements Project in the amount of $34,779 and authorize a 10% contingency on the contract in the amount of $3,477 BERNALD/MILLER MOVED TO ACCEPT A CONTRACT WITH CONSTRUCTION TESTING SERVICES (CTS) FOR MATERIALS TESTING SERVICES FOR THE PROSPECT ROAD IMPROVEMENTS PROJECT IN THE AMOUNT OF $34,779 AND AUTHORIZE A 10% CONTINGENCY ON THE CONTRACT IN THE AMOUNT OF $3,477 MOTION PASSED. AYES. LO, BERNALD, CAPPELLO. MILLER. KUMAR. NOES. NONE. ABSTAIN: NONE. ABSENT NONE. Saratoga City Council Minutes — Page 3 of 8 1.8. Amendment to Design Services Contract with Bellecci and Associates for the Prospect Road Improvements Project Recommended Action: Move to accept an amendment to the design services contract with Bellecci and Associates for the Prospect Road Improvements Project. BERNALD/MILLER MOVED TO ACCEPT AN AMENDMENT TO THE DESIGN SERVICES CONTRACT WITH BELLECCI AND ASSOCIATES FOR THE PROSPECT ROAD IMPROVEMENTS PROJECT MOTION PASSED. AYES. LO, BERNALD, CAPPELLO, MILLER, KUMAR. NOES. NONE. ABSTAIN: NONE. ABSENT NONE. 2. PUBLIC HEARING 2.1 Nuisance Abatement Hearing — Weed and Brush Abatement Programs Recommended Action: Conduct public hearing; receive public testimony and consider requests to remove properties from the nuisance abatement order; and, adopt resolution ordering abatement of properties that remain non-compliant with Weed Abatement Program requirements and authorizing the Santa Clara County Weed Abatement program to remove hazardous vegetation from these properties. Deputy City Manager Crystal Bothelio presented the staff report. Mayor Lo invited public comment on the item. No one requested to speak. RESOLUTION NO. 17-043 CAPPELLO/BERNALD MOVED TO ADOPT RESOLUTION ORDERING ABATEMENT OF PROPERTIES THAT REMAIN NON-COMPLIANT WITH WEED ABATEMENT PROGRAM REQUIREMENTS AND AUTHORIZING THE SANTA CLARA COUNTY WEED ABATEMENT PROGRAM TO REMOVE HAZARDOUS VEGETATION FROM THESE PROPERTIES. MOTION PASSED. AYES: LO, BERNALD, CAPPELLO, MILLER, KUMAR. NOES. NONE. ABSTAIN: NONE. ABSENT NONE. 3. GENERAL BUSINESS 3.1. City Wide Transportation Assessment — Preliminary Findings Recommended Action: Receive report. Public Works Director John Cherbone presented the staff report and Franziska Church with Fehr and Peers presented the transportation assessment preliminary findings. Mayor Lo invited public comment on the item. No one requested to speak. Saratoga City Council Minutes — Page 4 of 8 Council Member Cappello suggested a study session on transportation that serves as a precursor to the update of the Circulation Element. He said the study session could also include an overview of the Circulation Element to establish the Planning Commission's framework for the Circulation Element update. Mayor Lo agreed to schedule a study session. Council Member Miller raised concerns about corporate shuttle buses and suggested the matter be discussed before the transportation study session. Mayor Lo agreed to agendize discussion of corporate shuttle buses. Council Member Miller asked staff to send a copy of the Circulation Element to each Council Member. 3.2. Prospect Road Improvements Project — Award of Contract, Cooperative Agreement and Budget Resolution Recommended Action: 1) Move to award the construction contract for the project to Wallis Construction in the amount $5,263,240 and authorize the City Manager to execute the same 2) Move to authorize contingency funds to execute change orders to the contract up to $350,000 31 Move to adopt a budget resolution for a transfer of funds from the Roadway Improvements CIP to the Prospect Road Improvements Project 4) Move to accept a cooperative agreement with the City of San Jose for cost sharing for work done in San Jose's jurisdiction Public Works Director John Cherbone presented the staff report on this item. Mayor Lo invited public comment on the item. No one requested to speak. RESOLUTION NO. 17-044 CAPPELLO/MILLER MOVED TO: 11 AWARD THE CONSTRUCTION CONTRACT FOR THE PROJECT TO WATTIS CONSTRUCTION IN THE AMOUNT $5,263,240 AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE SAME; 21 AUTHORIZE CONTINGENCY FUNDS TO EXECUTE CHANGE ORDERS TO THE CONTRACT UP TO $350,000; 3) ADOPT A BUDGET RESOLUTION FOR A TRANSFER OF FUNDS FROM THE ROADWAY IMPROVEMENTS CIP TO THE PROSPECT ROAD IMPROVEMENTS PROJECT; 4) ACCEPT A COOPERATIVE AGREEMENT WITH THE CITY OF SAN JOSE FOR COST SHARING FOR WORK DONE IN SAN JOSE'S JURISDICTION; AND 5) DIRECT STAFF TO TAKE BEFORE AND AFTER PHOTOS OF PROSPECT ROAD IMPROVEMENTS. MOTION PASSED. AYES: LO, BERNALD, CAPPELLO MILLER, KUMAR. NOES. NONE. ABSTAIN: NONE. ABSENT NONE. Saratoga City Council Minutes — Page 5 of 8 3.3. Revised Joint of Powers Agreement and Cooperation Agreement to undertake CDBG activities. Recommended Action: Adopt the resolution authorizing the City Manager to enter into a Joint Exercise of Powers Agreement and Cooperation Agreement (as revised) with the County of Santa Clara relating to essential community development and housing assistance activities funded by the Federal government for the Community Development Block Grant and HOME Program. Senior Planner Sung Kwon presented the staff report. Mayor Lo invited public comment. No one requested to speak. RESOLUTION NO. 17-045 CAPPELLO/BERNALD MOVED TO ADOPT THE RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A JOINT EXERCISE OF POWERS AGREEMENT AND COOPERATION AGREEMENT (AS REVISED AND CORRECTED) WITH THE COUNTY OF SANTA CLARA RELATING TO ESSENTIAL COMMUNITY DEVELOPMENT AND HOUSING ASSISTANCE ACTIVITIES FUNDED BY THE FEDERAL GOVERNMENT FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME PROGRAM. MOTION PASSED. AYES: LO, BERNALD, CAPPELLO, MILLER, KUMAR. NOES. NONE. ABSTAIN: NONE. ABSENT NONE. 3.4. Debt Management Policy Recommended Action: Adopt the Resolution approving the Debt Management Policy Finance and Administrative Services Director Mary Furey presented the staff report. Mayor Lo invited public comment. No one requested to speak. RESOLUTION NO. 17-046 MILLER/BERNALD MOVED TO ADOPT THE RESOLUTION APPROVING THE DEBT MANAGEMENT POLICY MOTION PASSED. AYES. LO, BERNALD, CAPPELLO, MILLER, KUMAR. NOES. NONE. ABSTAIN: NONE. ABSENT NONE. 3.5 Designation of League of California Cities Annual Conference Voting Delegate and Alternates Recommended Action: Designate the City of Saratoga voting delegate and alternative voting delegate(s) for the 2017 League of California Cities Annual Conference. Deputy City Manager Crystal Bothelio presented the staff report. Saratoga City Council Minutes — Page 6 of 8 Mayor Lo invited public comment. No one requested to speak. BERNALD/MIL I ER MOVED TO DESIGNATE MAYOR EMILY LO AS THE CITY OF SARA'I'OGA VOTING DELEGATE AND COUNCIL MEMBER RISHI KUMAR AS THE ALTERNATE VOTING DELEGATE FOR THE 2017 LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE. MOTION PASSED AYES. 1.0, BERNALD, CAI'PELL.O, MILLER, KUMAR. NOES. NONE, ABSTAIN; NONE. ABSENT NONE. COUNCIL ASSIGNMENTS Mayor Emily Lo Hakone Foundation Board & Executive Committee - Mayor Lo attended the opening of the time capsule buried at Hakone 25 years ago Vice Mayor Mary -Lynne Bcmaid Public Art Committee - a mission statement has been established and plans for a utility box art program are underway Vice Mayor Bemald shared her experience at the League of California Cities Executive Forum in Monterey Council Member Manny Cappello Saratoga Area .Senior Coordinating Council (S4SC'C) - the bathroom renovation is complete. The $5 Wednesday lunch program has started and is open to everyone. Attendance at the Adult Care Center is very strong. Council Member Howard Miller No report Council Member Rishi Kumar No report CITY COUNCIL ITEMS None CITY MANAGER'S REPORT City Manager James Lindsay announced that Crystal Bothelio has been promoted to Deputy City Manager and appointed as interim City Clerk. Mayor Lo noted that the City Council meetings on July 19 and August 2 have been canceled. Saratoga ('ity Council Minutes Page 7 of 8 ADJOURNMENT CAPPELLO/BERNALD MOVED TO ADJOURN THE MEETING AT 9:35 P.M. MOTION PASSED. AYES. LO, BERNALD, CAPPELLO, MILLER, KUMAR. NOES. NONE. ABSTAIN: NONE. ABSENT NONE. Ily b Bothelio, Deputy City Manager City of Saratoga Saratoga City Council Minutes — Page 8 of 8