HomeMy WebLinkAbout08-15-2018 City Council MinutesMINUTES
WEDNESDAY, AUGUST 15, 2018
SARATOGA CITY COUNCIL REGULAR MEETING
At 5:00 p.m., the City Council held a Closed Session in the Linda Callon Conference Room at
13777 Fruitvale Avenue in Saratoga. The Closed Session was adjourned until after the
conclusion of the Regular Session.
At 6:00 p.m., the City Council held a Joint Meeting with the Senior Area Senior Coordinating
Council (SASCC) in the Linda Callon Conference Room at 13777 Fruitvale Avenue in Saratoga.
Mayor Bernald called the Regular Session to order in the Civic Theater, Council Chambers at
13777 Fruitvale Avenue in Saratoga at 7:05 p.m. and led the Pledge of Allegiance.
ROLL CALL
PRESENT: Mayor Mary -Lynne Bernald, Vice Mayor Manny Cappello
Council Members, Howard Miller, Emily Lo, Rishi Kumar
ABSENT: None
ALSO PRESENT: James Lindsay, City Manager
Richard Taylor, City Attorney
Crystal Bothelio, Deputy City Manager
Nora Pimentel, City Clerk
Debbie Pedro, Community Development Director
Michael Taylor, Recreation and Facilities Director
Macedonio Nunez, Associate Engineer
Emma Burkhalter, Assistant Civil Engineer
Lauren Pettipiece, Administrative Analyst
REPORT ON POSTING OF THE AGENDA
City Clerk Nora Pimentel reported that the agenda for this meeting was properly posted on
August 9, 2018.
REPORT FROM CLOSED SESSION
Mayor Bernald reported that a Closed Session started earlier and there was nothing to report.
REPORT FROM JOINT MEETING
Tylor Taylor, SASCC Executive Director, and Lisa Oakley, SASCC Board President, provided a
brief overview of the Joint Meeting.
ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS
Bob Lanz spoke about the City's dangerous dog regulations.
Brad Davis, President of West Valley College, spoke about Measure W.
Saratoga City Council Minutes — Page 1 of 8
Jack Lucas, West Valley -Mission Community College District Board of Trustee Member, spoke
about Measure W.
Anouk Yeh invited the City Council to the Celebrating Differences event on Saturday,
September 22, 2018 from 3:00 p.m. - 5:00 p.m. at the Joan Pisani Community Center.
Lakhiknder Walia raised concerns about the transparency of the Neighborhood Watch program
and protection of resident privacy.
Chuck Page spoke about the West Valley Sanitation District connection fees and accountability
of the Neighborhood Watch grant.
ANNOUNCEMENTS
Mayor Bernald announced the Saratoga Summer Movie Nights, Commission recruitments, the
Pain Relief Workshop on August 24, 2018, and the Hakone Gala on September 16, 2018.
CEREMONIAL ITEMS
Commendations for Silicon Valley Clean Energy's Bike to the Future Winners
Recommended Action:
Present commendations to members of Saratoga High School's teams E -FISH and Fantastic
Falcons, who tied for Third place in the Bike to the Future event.
Mayor Bernald and the City Council presented commendations to members of Saratoga
High School's teams E -FISH and Fantastic Falcons.
SPECIAL PRESENTATIONS
Youth in Government Final Report and Presentation
Recommended Action:
Receive presentation and present Certificates of Completion to Youth in Government
participants.
The Youth in Government participants presented their final report to the City Council.
Mayor Bernald and the City Council acknowledged the participants and presented them
with Certificates of Completion.
1. CONSENT CALENDAR
1.1. City Council Meeting Minutes
Recommended Action:
Approve the City Council minutes for the Regular City Council Meeting on August 1, 2018.
CAPPELLO/LO MOVED TO APPROVE THE CITY COUNCIL MINUTES FOR THE
REGULAR CITY COUNCIL MEETING ON AUGUST 1, 2018. MOTION PASSED.
AYES: BERNALD, CAPPELLO, MILLER, LO, KUMAR. NOES: NONE. ABSTAIN:
NONE. ABSENT: NONE.
Saratoga City Council Minutes — Page 2 of 8
1.2. Review of Accounts Payable Check Registers
Recommended Action:
Review and accept check registers for the following accounts payable payment cycles:
07/31/2018 Period 13; 07/31/2018 Period 1; 08/07/2018 Period 13; and 08/08/2018 Period
2.
CAPPELLO/LO MOVED TO ACCEPT CHECK REGISTERS FOR THE
FOLLOWING ACCOUNTS PAYABLE PAYMENT CYCLES: 07/31/2018 PERIOD
13; 07/31/2018 PERIOD 1; 08/07/2018 PERIOD 13; AND 08/08/2018 PERIOD 2.
MOTION PASSED. AYES: BERNALD, CAPPELLO, MILLER, LO, KUMAR. NOES:
NONE. ABSTAIN: NONE. ABSENT: NONE.
1.3. Resolution Amending the City's Records Retention Schedule
Recommended Action:
Adopt the resolution amending the City's Records Retention Schedule.
RESOLUTION NO. 18-041
CAPPELLO/LO MOVED TO ADOPT THE RESOLUTION AMENDING THE
CITY'S RECORDS RETENTION SCHEDULE. MOTION PASSED. AYES:
BERNALD, CAPPELLO, MILLER, LO, KUMAR. NOES: NONE. ABSTAIN: NONE.
ABSENT: NONE.
1.4. Approval of a Contract with Almaden Press (Stone Publishing, Inc.) in the Amount of
$32,000 for Printing of Recreation Activity Guide for Fiscal 2018-2019
Recommended Action:
Authorize the City Manager to execute a contract with Almaden Press (Stone Publishing,
Inc.) in the amount of $32,000 for printing of Recreation Activity Guide for Fiscal 2018-
2019.
CAPPELLO/LO MOVED TO AUTHORIZE THE CITY MANAGER TO EXECUTE A
CONTRACT WITH ALMADEN PRESS (STONE PUBLISHING, INC.) IN THE
AMOUNT OF $32,000 FOR PRINTING OF RECREATION ACTIVITY GUIDE
FOR FISCAL 2018-2019. MOTION PASSED. AYES: BERNALD, CAPPELLO,
MILLER, LO, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.
1.5. Final Map Approval for Two Lots Located at 13001 Saratoga -Sunnyvale Road (APN
503-82-033) Owners: Anthem Realty Ventures, LLC and Shirish Kumar & Leena Sujan
Recommended Action:
Move to adopt Resolution granting final map approval of tentative map application No.
SUB 17-0002 for two lots located at 13001 Saratoga -Sunnyvale Road (APN 503-82-033).
Council Member Kumar pulled this item to disclose that he would abstain from the vote due
to a potential conflict of interest.
RESOLUTION NO. 18-042
Saratoga City Council Minutes — Page 3 of 8
CAPPELLO/LO MOVED TO ADOPT A RESOLUTION GRANTING FINAL MAP
APPROVAL OF TENTATIVE MAP APPLICATION NO. SUB 17-0002 FOR TWO
LOTS LOCATED AT 13001 SARATOGA-SUNNYVALE ROAD (APN 503-82-033).
MOTION PASSED. AYES: BERNALD, CAPPELLO, MILLER, LO NOES: NONE.
ABSTAIN: KUMAR. ABSENT: NONE.
1.6. Authorize Disposal of City Equipment
Recommended Action:
Move to authorize the disposal of the following Equipment: 1998 JCB 214S Site Master
Backhoe / Loader.
CAPPELLO/LO MOVED TO AUTHORIZE THE DISPOSAL OF THE FOLLOWING
EQUIPMENT: 1998 JCB 214S SITE MASTER BACKHOE / LOADER. MOTION
PASSED. AYES: BERNALD, CAPPELLO, MILLER, LO, KUMAR. NOES: NONE.
ABSTAIN: NONE. ABSENT: NONE.
2. PUBLIC HEARING
None
3. GENERAL BUSINESS
3.1. Off -Cycle Community Event Grant Program Applications and Montalvo Arts Center
Grant Modification
Recommended Action:
Consider four off -cycle Community Event Grant Program applications for Fiscal Year
2018/19, and approve a modification to Montalvo Arts Center's Fiscal Year 2018/19 grant.
Lauren Pettipiece, Administrative Analyst, presented the staff report.
Mayor Bernald invited for public comment on the item.
The following people spoke:
Bob Sheets
And speaker from Russian and International Festival
No one else requested to speak.
Saratoga City Council Minutes — Page 4 of 8
MILLER/CAPPELLO MOVED TO APPROVE ALLOCATING $100 FROM THE
CITY COUNCIL DISCRETIONARY FUND TO EACH OF THE FOLLOWING
EVENTS: RUSSIAN AND INTERNATIONAL FESTIVAL, FALL SARATOGA
SYMPHONY CONCERT, WINTER SARATOGA SYMPHONY CONCERT, AND
SPRING SARATOGA SYMPHONY CONCERT; APPROVE THE MODIFICATION
TO THE MONTALVO ARTS CENTER GRANT, AUTHORIZING USE OF THE
GRANT FOR THE WE THE PEOPLE EVENT; AND DIRECTED STAFF TO
RETURN WITH A FUTURE AGENDA ITEM TO CONSIDER OPTIONS FOR
CHANGES TO OFF CYCLE GRANT REQUESTS AND TO ALIGN PROGRAM
CRITERIA WITH PROGRAM PRIORITIES. MOTION PASSED. AYES: BERNALD,
CAPPELLO, MILLER, LO, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT:
NONE
3.2. Award of Contract to O'Grady Paving Inc. for the 2018 Pavement Management
Program
Recommended Action:
1. Move to declare O'Grady Paving Inc. to be the lowest responsible bidder on the project.
2. Move to award a Construction Contract to O'Grady Paving Inc. in the amount of
$1,827,741.50, and authorize the City Manager to execute the same.
3. Move to authorize staff to execute change orders to the contract up to $270,000.
Macedonio Nunez, Associate Engineer, presented the staff report.
Emma Burkhalter, Assistant Civil Engineer, responded to additional questions.
Mayor Bernald invited public comment on the item.
No one requested to speak
CAPPELLO/LO MOVED TO: 1) DECLARE O'GRADY PAVING INC. TO BE THE
LOWEST RESPONSIBLE BIDDER ON THE PROJECT; 2) AWARD A
CONSTRUCTION CONTRACT TO O'GRADY PAVING INC. IN THE AMOUNT
OF $1,827,741.50, AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE
SAME; AND 3) AUTHORIZE STAFF TO EXECUTE CHANGE ORDERS TO THE
CONTRACT UP TO $270,000. MOTION PASSED. AYES: BERNALD, CAPPELLO,
MILLER, LO, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE
3.3. Regional Housing Needs Allocation (RHNA) Subregion Process Discussion
Recommended Action:
Review the information regarding formation of a RHNA subregion in Santa Clara County
and discuss whether the City of Saratoga would be interested in participating in a subregion.
Debbie Pedro, Community Development Director, presented the staff report.
Mayor Bernald invited public comment on the item.
No one requested to speak.
Saratoga City Council Minutes — Page 5 of 8
CAPPELLO/BERNALD MOVED TO EXPRESS INTEREST IN PARTICIPATING IN
A REGIONAL HOUSING NEEDS ALLOCATION SUBREGION. MOTION PASSED.
AYES: BERNALD, CAPPELLO, MILLER, LO, KUMAR. NOES: NONE. ABSTAIN:
NONE. ABSENT: NONE
3.4. Tobacco Retailer Regulations
Recommended Action:
Accept report and direct staff accordingly.
Crystal Bothelio, Deputy City Manager, presented the staff report.
Mayor Bernald invited for public comment on the item.
No one requested to speak.
MILLER/CAPPELLO MOVED TO DIRECT STAFF TO RETURN WITH AN
ORDINANCE THAT WOULD AMEND TOBACCO RETAILER LICENSE TO
CHANGE PENALTIES FOR THE FIRST VIOLATION OF LICENSE
REQUIREMENTS FROM A 30 DAY SUSPENSION PERIOD TO A 60 DAY
SUSPENSION PERIOD STARTING FROM THE DATE THAT THE
ADMINISTRATIVE CITATION IS ISSUED; TO BASE THE RAMP UP OF
PENALTIES ON A 24 MONTH PERIOD INSTEAD OF A 12 MONTH PERIOD; TO
CHANGE THE REVOCATION PERIOD FROM 12 MONTHS TO 24 MONTHS;
AND PROHIBIT SALES OF FLAVORED TOBACCO (CONSISTENT WITH THE
BROAD DEFINITION OF TOBACCO IN THE CITY CODE), WITH THE
EXCEPTION OF MENTHOL TOBACCO, IN LIEU OF THE DIRECTION
PROVIDED ON JUNE 20, 2018 REGARDING TOBACCO
REGULATION. MOTION PASSED. AYES: BERNALD, CAPPELLO, MILLER, LO,
KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE
3.5. Adopt Resolutions to Join the Santa Clara/Santa Cruz Community Roundtable and to
Appoint a Representative and an Alternate to the Santa Clara/Santa Cruz
Airport/Community Roundtable
Recommended Action:
1. Adopt a resolution supporting the formation of the Santa Clara/Santa Cruz Community
Roundtable and directing the City Manager to enter into a Memorandum of Understanding.
2. Adopt a resolution appointing a representative and an alternate to the Santa Clara/Santa
Cruz Airport/Community Roundtable
Nora Pimentel, City Clerk, presented the staff report.
Mayor Bernald responded to additional questions.
Mayor Bernald invited for public comment on the item.
No one requested to speak.
Saratoga City Council Minutes — Page 6 of 8
MILLER/CAPPELLO MOVED TO: 1) SUPPORT THE FORMATION OF THE
SANTA CLARA/SANTA CRUZ AIPORT COMMUNITY ROUNDTABLE AND
DIRECTING THE CITY MANAGER TO ENTER INTO A MEMORANDUM OF
UNDERSTANDING; 2) APPOINT MAYOR BERNALD AS THE
REPRESENTATIVE AND COUNCIL MEMBER MILLER AS THE ALTERNATE;
AND, 3) DIRECT STAFF TO REMOVE THE SOUTH FLOW ARRIVALS AD HOC
COMMITTEE FROM THE LIST OF CITY COUNCIL ASSIGNMENTS. MOTION
PASSED. AYES: BERNALD, CAPPELLO, MILLER, LO, KUMAR. NOES: NONE.
ABSTAIN: NONE. ABSENT: NONE
COUNCIL ASSIGNMENTS
Mayor Mary -Lynne Bernald
Cities Association of Santa Clara County -Legislative Action Committee met on August 9, 2018
received legislative updates Diesel Free by 2033, SB 237, Proposition 6, and SB 1383.
Council Finance Committee will meet on August 23, 2018.
Hakone Foundation Board will meet on August 16, 2018.
Public Art Committee will meet on August 16, 2018.
West Valley Mayors and Managers will meet on August 22, 2018.
Saratoga Sister City met and Mayor Bernald attended in Council Member Miller's place and
reported that the recent trip to Japan was reviewed.
Vice Mayor Manny Cappello
Cities Association of Santa Clara County Board of Directors met on August 2, 2018 and
received a report on the Age Friendly Initiative, a presentation on Alert SCC and the San
Francisco Bay Conservation and Development Commission.
West Valley Sanitation District met on August 8, 2018.
Council Member Howard Miller
America in Bloom Committee has not met but Council Member Miller mentioned that while in
Michigan on personal business he visited Holland, Michigan where the American in Bloom was
founded and toured the City.
Saratoga Sister City Organization Mayor Bernald attended on behalf of Council Member Miller.
Council Member Emily Lo
Hakone Foundation Board & Executive Committee will meet on August 16, 2018.
Public Art Committee will meet on August 16, 2018.
Council Member Rishi Kumar
Saratoga Chamber of Commerce & Destination Saratoga hosted an installation dinner, and there
was discussion on the success of the recent Car Show.
CITY COUNCIL ITEMS
Council Member Lo, with the support of Council Member Miller, requested that staff bring back
a report on Neighborhood Watch to address concerns related to transparency, privacy, and
accountability of the grant program.
Saratoga City Council Minutes — Page 7 of 8
Vice Mayor Cappello, with the support of Council Member Miller, requested to receive
information on Bond Measure W through the newsletter.
COUNCIL COMMUNICATIONS
Council Member Kumar discussed the Sheriff's Report and the proposed San Jose Water
Company rate increases.
Mayor Bernald reported on Fire Chief Ken Kenhma's retirement celebration and announced that
Tony Bowden is the new Fire Chief.
CITY MANAGER'S REPORT
None
ADJOURNMENT
Mayor Bernald announced that the City Council would proceed to the City Hall Linda Callon
Conference Room to reconvene into Closed Session.
Mayor Bernald adjourned the meeting at 11:00 pm.
Mims respectfully submitted:
ebbie Bretschneider
Interim City Clerk
City of Saratoga
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