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HomeMy WebLinkAbout12-20-2017 City Council MinutesSaratoga City Council Minutes – Page 1 of 8 MINUTES WEDNESDAY, DECEMBER 20, 2017 SARATOGA CITY COUNCIL REGULAR MEETING At 7:04 p.m., Mayor Bernald called the Regular Session to order in the Civic Theater, Council Chambers at 13777 Fruitvale Avenue in Saratoga and led the Pledge of Allegiance. ROLL CALL PRESENT: Mayor Mary-Lynne Bernald, Vice Mayor Manny Cappello Council Members, Howard Miller, Emily Lo ABSENT: Rishi Kumar ALSO PRESENT: James Lindsay, City Manager Richard Taylor, City Attorney Crystal Bothelio, Deputy City Manager Nora Pimentel, City Clerk Mary Furey, Finance & Administrative Services Director John Cherbone, Public Works Director Michael Taylor, Recreation Director Lauren Pettipiece, Administrative Analyst Sung Kwon, Senior Planner REPORT ON POSTING OF THE AGENDA City Clerk Nora Pimentel reported that the agenda for this meeting was properly posted on December 14, 2017. ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS None ANNOUNCEMENTS Mayor Bernald announced the following: expansion of Saratoga Library hours; and KSAR event filming services. CEREMONIAL ITEMS Oath of Office for Mayor Mary-Lynne Bernald Recommended Action: Direct the City Clerk to administer the Oath of Office to new Mayor, Mary-Lynne Bernald. City Clerk Nora Pimentel administered the Oath of Office to Mayor Mary-Lynne Bernald. Mayor Bernald commented on what she would like to accomplish during her term as Mayor. Saratoga City Council Minutes – Page 2 of 8 Recognition of the Santa Clara County Sheriff’s Office Recommended Action: Present commendations to representatives to the Santa Clara County Sheriff’s Office. Mayor Bernald and the City Council presented commendations to the Santa Clara County Sheriff’s Office. 1. CONSENT CALENDAR 1.1. City Council Meeting Minutes Recommended Action: Approve the City Council minutes for the Regular City Council Meeting on December 6, 2017. CAPPELLO/LO MOVED TO APPROVE THE CITY COUNCIL MINUTES FOR THE REGULAR CITY COUNCIL MEETING ON DECEMBER 6, 2017. MOTION PASSED. AYES: BERNALD, CAPPELLO, MILLER, LO. NOES: NONE. ABSTAIN: NONE. ABSENT: KUMAR. 1.2. Review of Accounts Payable Check Registers Recommended Action: Review and accept check registers for the following accounts payable payment cycles: 12/5/2017 Period 6 and 12/12/2017 Period 6. CAPPELLO/LO MOVED TO ACCEPT CHECK REGISTERS FOR THE FOLLOWING ACCOUNTS PAYABLE PAYMENT CYCLES: 12/5/2017 PERIOD 6 AND 12/12/2017 PERIOD 6. MOTION PASSED. AYES: BERNALD, CAPPELLO, MILLER, LO. NOES: NONE. ABSTAIN: NONE. ABSENT: KUMAR. 1.3. Annual Code Update for 2017 Recommended Action: Waive the second reading and adopt the attached ordinance updating various provisions of the City Code and rescinding and issuing the final report on the Marijuana Cultivation Urgency Interim Ordinances. ORDINANCE 354 CAPPELLO/LO MOVED TO WAIVE THE SECOND READING AND ADOPT ORDINANCE 354 UPDATING VARIOUS PROVISIONS OF THE CITY CODE AND RESCINDING AND ISSUING THE FINAL REPORT ON THE MARIJUANA CULTIVATION URGENCY INTERIM ORDINANCES. MOTION PASSED. AYES: BERNALD, CAPPELLO, MILLER, LO. NOES: NONE. ABSTAIN: NONE. ABSENT: KUMAR. Saratoga City Council Minutes – Page 3 of 8 1.4. Proposed Modifications to the Sign Ordinance (Article 15-30) Regarding Lighting on Signs and Enforcement of the Prohibition of Off-Site Signs in the Public Right of Way Recommended Action: Waive the second reading and adopt the attached ordinance regarding lighting on signs and enforcement of the prohibition of off-site signs in the public right of way. ORDINANCE 353 CAPPELLO/LO MOVED TO WAIVE THE SECOND READING AND ADOPT ORDINANCE 353 REGARDING LIGHTING ON SIGNS AND ENFORCEMENT OF THE PROHIBITION OF OFF-SITE SIGNS IN THE PUBLIC RIGHT OF WAY. MOTION PASSED. AYES: BERNALD, CAPPELLO, MILLER, LO. NOES: NONE. ABSTAIN: NONE. ABSENT: KUMAR 1.5. Notice of Completion - Damon Lane Retaining Wall Replacement Project Recommended Action: Move to accept the Damon Lane Retaining Wall Replacement Project contract as complete and authorize staff to record the Notice of Completion. CAPPELLO/LO MOVED TO ACCEPT THE DAMON LANE RETAINING WALL REPLACEMENT PROJECT CONTRACT AS COMPLETE AND AUTHORIZE STAFF TO RECORD THE NOTICE OF COMPLETION. MOTION PASSED. AYES: BERNALD, CAPPELLO, MILLER, LO. NOES: NONE. ABSTAIN: NONE. ABSENT: KUMAR 1.6. Amendment to Increase Contract Payment Terms with Siemens Industry Inc. for Traffic Signals and Lighted Crosswalks Maintenance, Call-outs and Repairs for FY17-18 Recommended Action: Move to accept an amendment to the contract with Siemens Industry, Inc. for an additional $27,000 in payment terms for call-outs and repair work for Fiscal year 2017-2018. CAPPELLO/LO MOVED TO ACCEPT AN AMENDMENT TO THE CONTRACT WITH SIEMENS INDUSTRY, INC. FOR AN ADDITIONAL $27,000 IN PAYMENT TERMS FOR CALL-OUTS AND REPAIR WORK FOR FISCAL YEAR 2017-2018. MOTION PASSED. AYES: BERNALD, CAPPELLO, MILLER, LO. NOES: NONE. ABSTAIN: NONE. ABSENT: KUMAR 1.7. Facility Use Agreement with the Saratoga Federated Church for Use of Storage Area for Emergency Operations Center Supplies Recommended Action: Authorize the City Manager to sign the Joint Use Agreement with Saratoga Federated Church for use of the enclosed storage area at the rear of the building located at 14382 Saratoga Avenue for storing emergency supplies. Saratoga City Council Minutes – Page 4 of 8 CAPPELLO/LO MOVED TO AUTHORIZE THE CITY MANAGER TO SIGN THE JOINT USE AGREEMENT WITH SARATOGA FEDERATED CHURCH FOR USE OF THE ENCLOSED STORAGE AREA AT THE REAR OF THE BUILDING LOCATED AT 14382 SARATOGA AVENUE FOR STORING EMERGENCY SUPPLIES. MOTION PASSED. AYES: BERNALD, CAPPELLO, MILLER, LO. NOES: NONE. ABSTAIN: NONE. ABSENT: KUMAR 1.8. Participation in the Pooled Liability Assurance Network Joint Powers Authority Recommended Action: Adopt a Resolution authorizing the City of Saratoga to participate in the Pooled Liability Assurance Network Joint Powers Authority. Appoint Michael Taylor to serve as Saratoga’s representative on the PLAN JPA Board of Directors and designate Mary Furey as the Alternate. RESOLUTION NO. 17-066 CAPPELLO/LO MOVED TO ADOPT A RESOLUTION AUTHORIZING THE CITY OF SARATOGA TO PARTICIPATE IN THE POOLED LIABILITY ASSURANCE NETWORK JOINT POWERS AUTHORITY. APPOINT MICHAEL TAYLOR TO SERVE AS SARATOGA’S REPRESENTATIVE ON THE PLAN JPA BOARD OF DIRECTORS AND DESIGNATE MARY FUREY AS THE ALTERNATE. MOTION PASSED. AYES: BERNALD, CAPPELLO, MILLER, LO. NOES: NONE. ABSTAIN: NONE. ABSENT: KUMAR 1.9. Commission Qualifications and Terms Expiring in 2018 Recommended Action: Accept the list of Commission qualifications and terms expiring in the 2018 calendar year. Council Member Miller pulled this item for discussion. MILLER/CAPPELLO MOVED TO ACCEPT THE LIST OF COMMISSION QUALIFICATIONS AND TERMS EXPIRING IN THE 2018 CALENDAR YEAR. MOTION PASSED. AYES: BERNALD, CAPPELLO, MILLER, LO. NOES: NONE. ABSTAIN: NONE. ABSENT: KUMAR 1.10. Annual Audit Reports Recommended Action: Review and accept the following annual audit reports for Fiscal Year 2016/17: A. Comprehensive Annual Financial Report (CAFR); B. Transportation Development Act Audit Report (MTC Grants); C. Single Audit Report; D. Appropriation Limit Report (Gann); E. SAS 114 Report; F. SAS 112 Report; and, G. State Controller’s Office Financial Transaction Report Summary. Saratoga City Council Minutes – Page 5 of 8 CAPPELLO/LO MOVED TO ACCEPT THE FOLLOWING ANNUAL AUDIT REPORTS FOR FISCAL YEAR 2016/17: A. COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR); B. TRANSPORTATION DEVELOPMENT ACT AUDIT REPORT (MTC GRANTS); C. SINGLE AUDIT REPORT; D. APPROPRIATION LIMIT REPORT (GANN); E. SAS 114 REPORT; F. SAS 112 REPORT; AND, G. STATE CONTROLLER’S OFFICE FINANCIAL TRANSACTION REPORT SUMMARY. MOTION PASSED. AYES: BERNALD, CAPPELLO, MILLER, LO. NOES: NONE. ABSTAIN: NONE. ABSENT: KUMAR 2. PUBLIC HEARING None 3. GENERAL BUSINESS 3.1. Community Event and Street Closure Grant Program Recommended Action: Provide direction on the amount of Community Event Grant Program and Street Closure Grant funds, the secured funding for traditional events/organizations, and the proposed timeline for the Fiscal Year 2018/19 Community Event Grant Program and Street Closure Grant. Administrative Analyst Lauren Pettipiece, presented the staff report. Mayor Bernald invited public comment. William Brooks on behalf of the Chamber of Commerce announced that he was available to answer any questions. MILLER/CAPPELLO MOVED TO APROVE ALLOCATING $40,000 FOR THE COMMUNITY EVENT GRANT PROGRAM AND STREET CLOSURE GRANT FUNDS, AND APPROVED THE PROPOSED TIMELINE FOR THE FISCAL YEAR 2018/19 COMMUNITY EVENT GRANT PROGRAM AND STREET CLOSURE GRANT. MOTION PASSED. AYES: BERNALD, CAPPELLO, MILLER, LO. NOES: NONE. ABSTAIN: NONE. ABSENT: KUMAR 3.2. Quarterly Communications Report Recommended Action: Receive report and provide feedback. Administrative Analyst Lauren Pettipiece, presented the staff report. Council Member Miller requested that staff provide San José City Council Member Chappie Jones a copy of the City of Saratoga’s most recent leaf blower ordinance. Council Member Lo requested leaving certain content for a longer period of time. Mayor Bernald invited public comment. Saratoga City Council Minutes – Page 6 of 8 No one requested to speak. 3.3. Budget Adjustment and Contract Authorization for General Plan Update & EIR, Traffic Analysis, and CEQA Support Recommended Action: Adopt a budget adjustment to transfer $57,909 from the General Fund’s Development Reserve to the General Plan Update & EIR CIP project; authorize the City Manager to 1) enter into a two-year contract with M-Group for the General Plan Update and EIR, and 2) enter into a two-year contract with Fehr & Peers to update the Circulation element; authorize additional City Attorney review for this project funded by the Capital Improvement Program Budget item. Senior Planner Sung Kwon, presented the staff report Mayor Bernald asked for public comment. No one requested to speak. RESOLUTION NO. 17-067 MILLER/CAPPELLO MOVED TO ADOPT A BUDGET ADJUSTMENT TO TRANSFER $57,909 FROM THE GENERAL FUND’S DEVELOPMENT RESERVE TO THE GENERAL PLAN UPDATE & EIR CIP PROJECT; AUTHORIZE THE CITY MANAGER TO 1) ENTER INTO A TWO-YEAR CONTRACT WITH M- GROUP FOR THE GENERAL PLAN UPDATE AND EIR, AND 2) ENTER INTO A TWO-YEAR CONTRACT WITH FEHR & PEERS TO UPDATE THE CIRCULATION ELEMENT; AUTHORIZE ADDITIONAL CITY ATTORNEY REVIEW FOR THIS PROJECT FUNDED BY THE CAPITAL IMPROVEMENT PROGRAM BUDGET ITEM. MOTION PASSED. AYES: BERNALD, CAPPELLO, MILLER, LO. NOES: NONE. ABSTAIN: NONE. ABSENT: KUMAR 3.4. Adoption of City Council Assignments Recommended Action: Approve the resolution adopting the 2018 Council assignments. City Clerk Nora Pimentel, presented the staff report. Mayor Bernald invited public comment. No one requested to speak. RESOLUTION NO. 17-068 MILLER/LO MOVED TO APPROVE THE RESOLUTION ADOPTING THE 2018 COUNCIL ASSIGNMENTS. MOTION PASSED. AYES: BERNALD, CAPPELLO, MILLER, LO. NOES: NONE. ABSTAIN: NONE. ABSENT: KUMAR Saratoga City Council Minutes – Page 7 of 8 COUNCIL ASSIGNMENTS Mayor Mary-Lynne Bernald South Flow Arrivals Ad Hoc Committee – Mayor Bernald reported that Jim Web is retiring in mid-January. Vice Mayor Manny Cappello West Valley Sanitation District – Vice Mayor Cappello attended the last meeting and reported on the short term solution regarding the clean water program and said more details to follow at a later time. The District elected various representatives to a couple of advisory committees and boards. Council Member Howard Miller Silicon Valley Clean Energy Authority Board of Directors – Council Member Miller provide an update which included the hiring of a new Chief Executive and the City of Milpitas has officially been included. Valley Transportation Authority (VTA) Policy Advisory Committee – Council Member Miller reported that the shuttle policy was adopted and it will allow and organize corporate shuttles to use VTA bus facilities. VTA State Route 85 Corridor Policy Advisory Board – Council Member Miller reported attending the board meeting and the update received on the analysis being done on data sources from cell phones. Council Member Emily Lo Hakone Foundation Board & Executive Committee- Council Member Lo reported that she was not able to attend the last meeting but did receive an update from the board and shared that information with the Council. Santa Clara County Library Joint Powers Authority – Council Member Lo reported attending the meeting as an observant which related to the preliminary work plan for 2018 and said that at the next meeting there will be some refinement before it is presented to the City Council in the spring in a joint meeting. Council Member Rishi Kumar None CITY COUNCIL ITEMS None CITY MANAGER'S REPORT City Manager James Lindsay reminded Council that it was their last opportunity for any Council nominated CIP projects for Councils consideration during the prioritization process in February and announced City Hall’s upcoming holiday hours and closure. Mayor Bernald announced that she would be undergoing hip replacement surgery on January 8, 2018 and would not be available for the January 17, 2018 meeting.