HomeMy WebLinkAbout06-03-2020 City Council_minutesSaratoga City Council Minutes ~ June 3, 2020 ~ Page 1 of 8
MINUTES
WEDNESDAY, JUNE 3, 2020
SARATOGA CITY COUNCIL REGULAR MEETING
At 4:30 p.m., the City Council held a virtual Closed Session via teleconferencing through Zoom.
At 4:55 p.m., Mayor Miller reported on Closed Session, announcing that there was nothing to
report.
At 5:00 p.m., the City Council held a virtual Commission Interview via teleconferencing through
Zoom.
At 5:30 p.m., the City Council held a virtual Joint Meeting with the Santa Clara County
Supervisor Joe Simitian via teleconferencing through Zoom.
Mayor Miller invited public comment on the item.
The following people requested to speak:
Philip Manela spoke
Angela Ling spoke
Sandy Reed spoke
Hobart Birmingham spoke
JoAnne Birmingham spoke
No one else requested to speak.
Mayor Miller called the virtual Regular Session to order at 7:02 p.m. via teleconferencing
through Zoom.
Mayor Miller called the meeting in recognition of equality and justice and in honor of George
Floyd, Breonna Taylor, Ahmaud Arbery, and all those who have lost their lives and suffered due
to racism. Change depends on each and every one of us. We must take this time to listen and to
learn. That is how we will make meaningful and substantial progress to eliminate all forms of
racism and inequality. Here in Saratoga, we stand with you and are committed to continually
doing better.
Prior to Roll Call, the Mayor and City Clerk explained that the City Council meeting was conducted
pursuant to provisions of the Brown Act and a recent Executive Order issued by the Governor to
facilitate teleconferencing to reduce the risk of COVID-19 transmission at public meetings. Ordinarily
the Brown Act sets strict rules for teleconferencing. The Governor’s Executive Order has suspended
those rules. The Executive Order does require that public agencies continue to notice meetings in
advance and provide members of the public an opportunity to observe the meeting and offer public
Saratoga City Council Minutes ~ June 3, 2020 ~ Page 2 of 8
comment. The City Council met all of the applicable notice requirements and the public is welcome to
participate in this meeting. Information on how the public can observe the meeting and provide public
comment was also shared. Additionally, the Mayor explained that votes would be taken through roll call.
ROLL CALL
PRESENT: Mayor Howard A. Miller, Vice Mayor Mary-Lynne Bernald,
Council Members Manny Cappello, Yan Zhao, Rishi Kumar
(All Council Members appearing via teleconference)
ABSENT: None
ALSO PRESENT: James Lindsay, City Manager
Richard Taylor, City Attorney
Crystal Bothelio, Assistant City Manager
Debbie Bretschneider, City Clerk
Mary Fury, Administrative Services Director
John Cherbone, Public Works Director
Debbie Pedro, Community Development Director
Dennis Jaw, Finance Manager
Macedonio Nunez, Senior Civil Engineer
Leo Salindong, IT Supervisor
(All staff members appearing via teleconference)
City Clerk Debbie Bretschneider confirmed all City Council members could hear the meeting
proceedings and no doubts were expressed regarding the identities of the individuals representing
themselves as City Council Members.
REPORT ON POSTING OF THE AGENDA
City Clerk Debbie Bretschneider reported that the agenda for this meeting was properly posted
on May 29, 2020.
REPORT ON CLOSED SESSION
Mayor Miller reported on Closed Session, announcing that there was nothing to report.
REPORT FROM JOINT MEETING
Mayor Miller reported on the Joint Meeting with Santa Clara County Supervisor Joe Simitian,
which included discussing communication on Mountain Winery and the County, COVID-19, and
Santa Clara County Sheriff.
ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS
Usha Srinivasan spoke on organizing a Black Lives Matter: Saratoga event.
Jeff Schwartz spoke about the Mountain Winery and Council decisions.
Chuck Page spoke about protecting the identity of individuals who submit Code Compliance
complaints and anonymous complaints.
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Hubert Birmingham spoke about an independent study of Lucas Patuszka complaints.
JoAnne Birmingham spoke about the refund of funds to the Mountain Winery.
ANNOUNCEMENTS
Mayor Miller shared information about the new Santa Clara County Health orders and Saratoga
Sunny Side Up.
CEREMONIAL ITEMS
Proclamation Declaring June as LGBTQ Pride Month
Recommended Action:
Proclaim June 2020 as LGBTQ Pride Month in the City of Saratoga.
Mayor Miller and the City Council proclaimed June 2020 as LGBTQ Pride Month in the City
of Saratoga.
Appointment of Commissioner
Recommended Action:
Approve the resolution appointing 1 member to the Library Commission and direct the City
Clerk to administer the Oath of Office.
RESOLUTION 20-028
CAPPELLO/BERNALD MOVED TO APPROVE THE RESOLUTION APPOINTING
1 MEMBER TO THE LIBRARY COMMISSION AND DIRECT THE CITY CLERK
TO ADMINISTER THE OATH OF OFFICE. MOTION PASSED BY VERBAL ROLL
CALL. AYES: MILLER, BERNALD, ZHAO, CAPPELLO, KUMAR. NOES: NONE.
ABSTAIN: NONE. ABSENT: NONE.
1. CONSENT CALENDAR
1.1. City Council Meeting Minutes
Recommended Action:
Approve the City Council minutes for the Regular City Council Meeting on May 6, 2020
and the Special City Council Meeting on May 11, 2020.
BERNALD/CAPPELLO MOVED TO APPROVE THE CITY COUNCIL MINUTES
FOR THE REGULAR CITY COUNCIL MEETING ON MAY 6, 2020 AND THE
SPECIAL CITY COUNCIL MEETING ON MAY 11, 2020. MOTION PASSED BY
VERBAL ROLL CALL. AYES: MILLER, BERNALD, ZHAO, CAPPELLO, KUMAR.
NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.
1.2. Treasurer’s Report for the Month Ended April 30, 2020
Recommended Action:
Review and accept the Treasurer’s Report for the month ended April 30, 2020.
BERNALD/CAPPELLO MOVED TO ACCEPT THE TREASURER’S REPORT FOR
THE MONTH ENDED APRIL 30, 2020. MOTION PASSED BY VERBAL ROLL
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CALL. AYES: MILLER, BERNALD, ZHAO, CAPPELLO, KUMAR. NOES: NONE.
ABSTAIN: NONE. ABSENT: NONE.
1.3. Award of Contract for Janitorial Services
Recommended Action:
Approve a three-year contract with North Bay Building Maintenance for janitorial services
and authorize the City Manager to execute the same.
BERNALD/CAPPELLO MOVED TO APPROVE A THREE-YEAR CONTRACT
WITH NORTH BAY BUILDING MAINTENANCE FOR JANITORIAL SERVICES
AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE SAME. MOTION
PASSED BY VERBAL ROLL CALL. AYES: MILLER, BERNALD, ZHAO, CAPPELLO,
KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.
1.4. Transportation Development Act (TDA) Article 3 Application for the Saratoga
Avenue Walkway Project.
Recommended Action:
Adopt resolution supporting the Metropolitan Transportation Commission’s Transportation
Development Act Article 3 Pedestrian/Bicycle Grant Application for the Saratoga Avenue
Walkway Project.
RESOLUTION 20-029
BERNALD/CAPPELLO MOVED TO ADOPT RESOLUTION SUPPORTING THE
METROPOLITAN TRANSPORTATION COMMISSION’S TRANSPORTATION
DEVELOPMENT ACT ARTICLE 3 PEDESTRIAN/BICYCLE GRANT
APPLICATION FOR THE SARATOGA AVENUE WALKWAY PROJECT.
MOTION PASSED BY VERBAL ROLL CALL. AYES: MILLER, BERNALD, ZHAO,
CAPPELLO, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.
Vice Mayor Bernald and Council Member Cappello spoke on this agenda item.
1.5. Second Amendment to Household Hazardous Waste Agreement with Santa Clara
County
Recommended Action:
Authorize the City Manager to execute the second amendment to the Santa Clara County
Household Hazardous Waste Collection Program Agreement with a $42,276 augmentation
for Fiscal Year 2020/21.
BERNALD/CAPPELLO MOVED TO AUTHORIZE THE CITY MANAGER TO
EXECUTE THE SECOND AMENDMENT TO THE SANTA CLARA COUNTY
HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM AGREEMENT
WITH A $42,276 AUGMENTATION FOR FISCAL YEAR 2020/21. MOTION
PASSED BY VERBAL ROLL CALL. AYES: MILLER, BERNALD, ZHAO, CAPPELLO,
KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.
Vice Mayor Bernald spoke on this agenda item.
1.6. Notice of Completion – 2019 Pavement Maintenance Program Project
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Recommended Action:
Move to accept the 2019 Pavement Maintenance Program (2019 PMP) contract as complete
and authorize staff to record the Notice of Completion.
BERNALD/CAPPELLO MOVED TO ACCEPT THE 2019 PAVEMENT
MAINTENANCE PROGRAM (2019 PMP) CONTRACT AS COMPLETE AND
AUTHORIZE STAFF TO RECORD THE NOTICE OF COMPLETION. MOTION
PASSED BY VERBAL ROLL CALL. AYES: MILLER, BERNALD, ZHAO, CAPPELLO,
KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.
Mayor Miller spoke on this agenda item.
2. PUBLIC HEARING
2.1. Proposed Fiscal Year 2020/21 Operating & Capital Budget
Recommended Action:
Conduct a public hearing on the Proposed FY 2020/21 Operating & Capital Budgets and
provide direction to staff for budget adoption on June 17, 2020.
Mary Fury, Administrative Services Director, and Dennis Jaw, Finance Manager presented
the staff report.
Mayor Miller opened the public hearing.
Mayor Miller invited public comment on the item.
No one requested to speak.
Mayor Miller closed the public hearing for this item and asked for Council discussion.
BERNALD/CAPPELLO MOVED TO PLACE THE PROPOSED FY 2020/21
OPERATING & CAPITAL BUDGETS ON THE CONSENT CALENDAR OF THE
JUNE 17, 2020 MEETING FOR ADOPTION WITH ADJUSTMENTS TO THE
FINAL BUDGET AS NEEDED BY STAFF. MOTION PASSED BY VERBAL ROLL
CALL. AYES: MILLER, BERNALD, ZHAO, CAPPELLO, KUMAR. NOES: NONE.
ABSTAIN: NONE. ABSENT: NONE.
Mayor Miller called for a break at 8:47 and reconvened the meeting at 8:55 pm.
3. GENERAL BUSINESS
3.1. Resolution Calling for General Municipal Election – November 3, 2020
Recommended Action:
Approve the attached resolution calling for a consolidated, General Municipal Election on
November 3, 2020 and give direction to staff on the Last Word Forum.
Debbie Bretschneider, City Clerk, presented the staff report.
Mayor Miller invited public comment on the item.
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No one requested to speak.
RESOLUTION 20-030
BERNALD/CAPPELLO MOVED TO APPROVE THE RESOLUTION CALLING
FOR A CONSOLIDATED, GENERAL MUNICIPAL ELECTION ON NOVEMBER
3, 2020 AND DIRECTED STAFF TO CANCEL THE LAST WORD FORUM.
MOTION PASSED BY VERBAL ROLL CALL. AYES: MILLER, BERNALD, ZHAO,
CAPPELLO, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.
3.2. COVID-19 Local Emergency Proclamation
Recommended Action:
Approve the resolutions affirming the continued existence of a local emergency due to the
spread of novel coronavirus (COVID-19).
Crystal Bothelio, Assistant City Manager, presented the staff report.
Mayor Miller invited public comment on the item.
Lakhinder Walia spoke
No one else requested to speak.
RESOLUTION 20-031
CAPPELLO/BERNALD MOVED TO APPROVE THE RESOLUTIONS AFFIRMING
THE CONTINUED EXISTENCE OF A LOCAL EMERGENCY DUE TO THE
SPREAD OF NOVEL CORONAVIRUS (COVID-19). MOTION PASSED BY
VERBAL ROLL CALL. AYES: MILLER, BERNALD, ZHAO, CAPPELLO, KUMAR.
NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.
3.3. Review of Norms of Operation for City Council and City Commission Meetings
Recommended Action:
Review the Norms of Operation including rules of parliamentary procedure and provide
direction to staff as needed.
James Lindsay, City Manager, presented the staff report.
Mayor Miller invited public comment on the item.
Tina Walia spoke
Chuck Page spoke
Lakhinder Walia spoke
Sandy Reed spoke
No one else requested to speak.
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CAPPELLO/BERNALD MOVED TO DIRECT STAFF TO PROVIDE MORE
TRAINING TO COMMISSIONERSS ON SARATOGA RULES OF ORDER AND
NORMS OF OPERATION AND CREATE A ONE PAGE SUMMARY OF
SARATOGA RULES OF ORDER. MOTION PASSED BY VERBAL ROLL CALL.
AYES: MILLER, BERNALD, ZHAO, CAPPELLO, KUMAR. NOES: NONE. ABSTAIN:
NONE. ABSENT: NONE.
COUNCIL ASSIGNMENTS
Mayor Howard Miller
Silicon Valley Clean Energy Authority Board of Directors – the Directors ratified rates, which
are 4% less than PG&E. Silicon Valley Clean Energy is planning many projects to help
residents including budgeting one million dollars in facilities to be built to making a difference in
power production, all residents in May & June will get $7.86 off their electric bill, there is a
Small Business grant program, and work force training program for contractors to install cutting-
edge energy devices.
Valley Transportation Authority (VTA) Policy Advisory Committee – the Committee discussed
effects of COVID on fares, which are down 90% on buses and light rail. The BART to San Jose
line will start operating June 13, BART connects to the light rail system.
West Valley Mayors & Managers – the meeting had guest speakers from PG&E and had a report
on the power shut-offs this summer, including PG&E improvements to have less impact on
residents.
Mayor Miller signed a regional letter and a letter from Saratoga on the State of California
stopping the proposed cutting of ERAF funds to County and City.
Vice Mayor Mary-Lynne Bernald
Hakone Foundation Board & Executive Committee – the Executive Committee had a budget
discussion and Hakone received a Silicon Valley grant for $10,000 which can be used for the
operations budget.
Santa Clara/Santa Cruz Airport/Community Roundtable – the Roundtable discussed that some
Cities/Counties will not be able to continue in the Roundtable. The Roundtable sent a letter to the
FAA and Congress stating position against supersonic noise certification transportation.
Council Member Yan Zhao
Hakone Foundation Board – Hakone is now available for weddings of 25 people.
KSAR Community Access TV Board – the Board heard a guest speaker from Saratoga High
School, who presented the high school graduation plan which KSAR filmed.
Public Art Committee – the Committee reviewed their budget and status of projects.
Saratoga Chamber of Commerce & Destination Saratoga – the Chamber asks Saratogans to
please support local businesses.
Council Member Manny Cappello
Saratoga Area Senior Coordinating Council (SASCC)- RYDE program has been converted to a
food delivery program and SASCC received a donation of personal protection equipment (PPE)
from a community group.
Saratoga Ministerial Association – the Association conducted a vigil for George Floyd over
Zoom with over 200 individuals participating.
Council Member Rishi Kumar
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West Valley Clean Water Program Authority – the Authority adopted the Fiscal Year 2020/21
budget.
West Valley Solid Waste Management Joint Powers Authority –the Authority discussed the
Fiscal Year 2020/21 budget and the overall impact to Saratoga will be in garbage rates for a 35-
gallon can that will go from $30.95 to $35.58
CITY COUNCIL ITEMS
Vice Mayor Bernald, with support from Council Member Kumar, requested an agenda item on
the next Council meeting for a Ballot Measure for the November election on term limits for
Council Members including currently elected Council Members.
COUNCIL COMMUNICATIONS
Council Member Kumar spoke about bringing people together for an event to discuss positive
community action after George Floyd’s death.
Council Member Zhao thanked the many non-profit groups in Saratoga who have donated PPE
to many needed communities.
CITY MANAGER'S REPORT
None
ADJOURNMENT
BERNALD/CAPPELLO MOVED TO ADJOURN THE MEETING AT 10:29 P.M. MOTION
PASSED BY VERBAL ROLL CALL. AYES: MILLER, BERNALD, ZHAO, CAPPELLO,
KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.
Minutes respectfully submitted:
Debbie Bretschneider, City Clerk
City of Saratoga