HomeMy WebLinkAbout09-02-2020 City Council MinutesMINUTES
WEDNESDAY, SEPTEMBER 2, 2020
SARATOGA CITY COUNCIL REGULAR MEETING
At 4:40 p.m., Commission interviews were held for the Parks & Recreation Commission and
Library & Community Engagement Commission vacancies via teleconferencing through Zoom.
At 6:00 p.m., the City Council held a Joint Meeting with Montalvo Arts via teleconferencing
through Zoom.
Mayor Miller called the virtual Regular Session to order at 7:03 p.m. via teleconferencing
through Zoom.
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
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 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
(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 August 28, 2020.
Saratoga City Council Minutes — September 2, 2020 — Page 1 of 9
REPORT ON CLOSED SESSION
Mayor Miller announced that there was nothing to report on Closed Session from the last
Council meeting and that tonight the Closed Session meeting will continue after the Regular
Meeting.
REPORT FROM JOINT MEETING
Angela McConnell, Director of Montalvo Arts, reported on the discussion of the Joint Meeting.
ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS
None
ANNOUNCEMENTS
Mayor Miller shared information about COVID-19 testing and Election Signage.
CEREMONIAL ITEMS
Appointment of Commissioner
Recommended Action:
Approve the resolution appointing 1 member to the Planning Commission and direct the
City Clerk to administer the Oath of Office.
RESOLUTION 20-060
KUMAR/ZHAO MOVED TO APPROVE THE RESOLUTION APPOINTING ONE
MEMBER TO THE PLANNING COMMISSION AND DIRECT THE CITY CLERK
TO ADMINISTER THE OATH OF OFFICE. MOTION PASSED BY VERBAL ROLL
CALL. AYES: MILLER, BERNALD, ZHAO, KUMAR. NOES: NONE. ABSTAIN:
NONE. ABSENT: NONE.
CONSENT CALENDAR
I.I. City Council Meeting Minutes
Recommended Action:
Approve the City Council minutes for the Regular City Council Meeting on August 19,
2020 and Special City Council Meeting on August 26, 2020.
BERNALD/ZHAO MOVED TO APPROVE THE CITY COUNCIL MINUTES FOR
THE REGULAR CITY COUNCIL MEETING ON AUGUST 19, 2020 AND
SPECIAL CITY COUNCIL MEETING ON AUGUST 26, 2020. MOTION PASSED
BY VERBAL ROLL CALL. AYES: MILLER, BERNALD, ZHAO, 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:
8/19/2020 Period 2; 8/26/2020 Period 2.
Saratoga City Council Minutes — September 2, 2020 — Page 2 of 9
BERNALD/ZHAO MOVED TO ACCEPT CHECK REGISTERS FOR THE
FOLLOWING ACCOUNTS PAYABLE PAYMENT CYCLES: 8/19/2020 PERIOD 2;
8/26/2020 PERIOD 2. MOTION PASSED BY VERBAL ROLL CALL. AYES: MILLER,
BERNALD, ZHAO, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.
1.3. Treasurer's Report for the Month Ended July 31, 2020
Recommended Action:
Review and accept the Treasurer's Report for the month ended July 31, 2020.
BERNALD/ZHAO MOVED TO ACCEPT THE TREASURER'S REPORT FOR THE
MONTH ENDED JULY 31, 2020. MOTION PASSED BY VERBAL ROLL CALL.
AYES: MILLER, BERNALD, ZHAO, KUMAR. NOES: NONE. ABSTAIN: NONE.
ABSENT: NONE.
1.4. Funding Agreement for Countywide Isolation and Quarantine Support Program
Recommended Action:
Authorize the City Manager to execute a funding agreement with the County of Santa Clara
for the Countywide Isolation and Quarantine Support Program for an amount not to exceed
$31,867 using CARES Act funds.
BERNALD/ZHAO MOVED TO AUTHORIZE THE CITY MANAGER TO EXECUTE
A FUNDING AGREEMENT WITH THE COUNTY OF SANTA CLARA FOR THE
_COUNTYWIDE ISOLATION AND QUARANTINE SUPPORT PROGRAM FOR AN
AMOUNT NOT TO EXCEED $31,867 USING CARES ACT FUNDS. MOTION
PASSED BY VERBAL ROLL CALL. AYES: MILLER, BERNALD, ZHAO, KUMAR.
NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.
Vice Mayor Bernald spoke in support of this item.
1.5. One Year Extension of Tree Maintenance Service Contract — Oscar's Expert Tree Care
Services
Recommended Action:
Approve Contract Amendment to extend the Tree Maintenance Service Contract with
Oscar's Expert Tree Care Services for one year in the amount not to exceed $150,500 and
authorize the City Manager to execute the same.
BERNALD/ZHAO MOVED TO APPROVE CONTRACT AMENDMENT TO
EXTEND THE TREE MAINTENANCE SERVICE CONTRACT WITH OSCAR'S
EXPERT TREE CARE SERVICES FOR ONE YEAR IN THE AMOUNT NOT TO
EXCEED $150,500 AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE
SAME. MOTION PASSED BY VERBAL ROLL CALL. AYES: MILLER, BERNALD,
ZHAO, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.
1.6. One Year Extension of Tree Maintenance Service Contract — Trees 360 Degrees
Recommended Action:
Approve Contract Amendment to extend the Tree Maintenance Service Contract with Trees
360 Degrees for one year in the amount not to exceed $100,500 and authorize the City
Manager to execute the same.
Saratoga City Council Minutes — September 2, 2020 — Page 3 of 9
BERNALD/ZHAO MOVED TO APPROVE CONTRACT AMENDMENT TO
EXTEND THE TREE MAINTENANCE SERVICE CONTRACT WITH TREES 360
DEGREES FOR ONE YEAR IN THE AMOUNT NOT TO EXCEED $100,500 AND
AUTHORIZE THE CITY MANAGER TO EXECUTE THE SAME. MOTION
PASSED BY VERBAL ROLL CALL. AYES: MILLER, BERNALD, ZHAO, KUMAR.
NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.
1.7. One Year Extension of Tree Maintenance Service Contract — Ian Geddes Tree Care, Inc.
Recommended Action:
Approve Contract Amendment to extend the Tree Maintenance Service Contract with Ian
Geddes Tree Care, Inc. for one year in the amount not to exceed $110,500 and authorize the
City Manager to execute the same.
BERNALD/ZHAO MOVED TO APPROVE CONTRACT AMENDMENT TO
EXTEND THE TREE MAINTENANCE SERVICE CONTRACT WITH IAN
GEDDES TREE CARE, INC. FOR ONE YEAR IN THE AMOUNT NOT TO
EXCEED $110,500 AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE
SAME. MOTION PASSED BY VERBAL ROLL CALL. AYES: MILLER, BERNALD,
ZHAO, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.
1.8. One Year Extension of Park Restroom Maintenance Service Contract —North Bay
Building Maintenance
Recommended Action:
Approve Contract Amendment to extend the Park Restroom Maintenance Service Contract
with North Bay Building Maintenance (NBBM) for one year in the amount not to exceed
$40,456 and authorize the City Manager to execute the same.
BERNALD/ZHAO MOVED TO APPROVE CONTRACT AMENDMENT TO
EXTEND THE PARK RESTROOM MAINTENANCE SERVICE CONTRACT
WITH NORTH BAY BUILDING MAINTENANCE (NBBM) FOR ONE YEAR IN
THE AMOUNT NOT TO EXCEED $40,456 AND AUTHORIZE THE CITY
MANAGER TO EXECUTE THE SAME. MOTION PASSED BY VERBAL ROLL
CALL. AYES: MILLER, BERNALD, ZHAO, KUMAR. NOES: NONE. ABSTAIN:
NONE. ABSENT: NONE.
1.9. One Year Extension of Landscape Maintenance Service Contract — Vista Landscape
Maintenance
Recommended Action:
Approve Contract Amendment to extend the Landscape Maintenance Service Contract with
Vista Landscape Maintenance for one year in the amount not to exceed $155,676 and
authorize the City Manager to execute the same.
BERNALD/ZHAO MOVED TO APPROVE CONTRACT AMENDMENT TO
EXTEND THE LANDSCAPE MAINTENANCE SERVICE CONTRACT WITH
VISTA LANDSCAPE MAINTENANCE FOR ONE YEAR IN THE AMOUNT NOT
TO EXCEED $155,676 AND AUTHORIZE THE CITY MANAGER TO EXECUTE
THE SAME. MOTION PASSED BY VERBAL ROLL CALL. AYES: MILLER,
BERNALD, ZHAO, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.
Saratoga City Council Minutes — September 2, 2020 — Page 4 of 9
1.10. One Year Extension of Landscape Maintenance Service Contract— Gachina
Landscape Management
Recommended Action:
Approve Contract Amendment to extend the Landscape Maintenance Service Contract with
Gachina Landscape Management for one year in the amount not to exceed $95,448 and
authorize the City Manager to execute the same.
BERNALD/ZHAO MOVED TO APPROVE CONTRACT AMENDMENT TO
EXTEND THE LANDSCAPE MAINTENANCE SERVICE CONTRACT WITH
GACHINA LANDSCAPE MANAGEMENT FOR ONE YEAR IN THE AMOUNT
NOT TO EXCEED $95,448 AND AUTHORIZE THE CITY MANAGER TO
EXECUTE THE SAME. MOTION PASSED BY VERBAL ROLL CALL. AYES:
MILLER, BERNALD, ZHAO, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT:
NONE.
1.11. Conduit Financing for St. Andrew's Parish Project
Recommended Action:
Adopt the resolution approving the execution and delivery of a loan by the California
Municipal Finance Authority (CFMA) for the purpose of refinancing a line of credit and
financing or refinancing the acquisition, construction and improvement of certain
educational facilities for Saint Andrew's Parish.
RESOLUTION 20-061
BERNALD/ZHAO MOVED TO ADOPT THE RESOLUTION APPROVING THE
EXECUTION AND DELIVERY OF A LOAN BY THE CALIFORNIA MUNICIPAL
FINANCE AUTHORITY (CFMA) FOR THE PURPOSE OF REFINANCING A
LINE OF CREDIT AND FINANCING OR REFINANCING THE ACQUISITION,
CONSTRUCTION AND IMPROVEMENT OF CERTAIN EDUCATIONAL
FACILITIES FOR SAINT ANDREW'S PARISH. MOTION PASSED BY VERBAL
ROLL CALL. AYES: MILLER, BERNALD, ZHAO, KUMAR. NOES: NONE. ABSTAIN:
NONE. ABSENT: NONE.
1.12. Amended Santa Clara County FireSafe Council Agreement
Recommended Action:
Authorize the City Manager to execute the amended agreement with the Santa Clara County
FireSafe Council for a dead tree removal rebate program and fuel reduction efforts.
Mayor Miller removed this item from Consent to speak about the FireSafe Council.
Mayor Miller invited public comment on the item.
The following people requested to speak:
Chuck Page spoke
Dede Smullen spoke
No one else requested to speak.
Saratoga City Council Minutes — September 2, 2020 — Page 5 of 9
ZHAO/BERNALD MOVED TO AUTHORIZE THE CITY MANAGER TO EXECUTE
THE AMENDED AGREEMENT WITH THE SANTA CLARA COUNTY FIRESAFE
COUNCIL FOR A DEAD TREE REMOVAL REBATE PROGRAM AND FUEL
REDUCTION EFFORTS. MOTION PASSED BY VERBAL ROLL CALL. AYES:
MILLER, BERNALD, ZHAO, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT:
NONE.
1.13. Amended Lease Agreement with Los Gatos -Saratoga Community Education and
Recreation
Recommended Action:
Authorize the City Manager to execute an amended lease agreement with Los Gatos -
Saratoga Community Education and Recreation (LGS Recreation) to include the portable
building used by the Saratoga Community Preschool Building in the existing lease
agreement.
BERNALD/ZHAO MOVED TO AUTHORIZE THE CITY MANAGER TO EXECUTE
AN AMENDED LEASE AGREEMENT WITH LOS GATOS-SARATOGA
COMMUNITY EDUCATION AND RECREATION (LGS RECREATION) TO
INCLUDE THE PORTABLE BUILDING USED BY THE SARATOGA
COMMUNITY PRESCHOOL BUILDING IN THE EXISTING LEASE
AGREEMENT. MOTION PASSED BY VERBAL ROLL CALL. AYES: MILLER,
BERNALD, ZHAO, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.
2. PUBLIC HEARING
2.1. Ordinance Banning the Sale of Electronic Smoking Products
Recommended Action:
Conduct a public hearing on the attached ordinance that would prohibit the sale of electronic
smoking products in the City of Saratoga through amendments to Article 4.90 of the City
Code; introduce and waive the first reading of the ordinance; and, direct staff to place the
ordinance on the Consent Calendar for adoption at the next regularly scheduled City
Council Meeting.
Crystal Bothelio, Assistant City Manager, presented the staff report.
Mayor Miller opened the public hearing.
Mayor Miller invited public comment on the item.
The following people requested to speak:
Jaime Rojas Jr. spoke
Chuck Page spoke
No one else requested to speak.
Mayor Miller closed the public hearing for this item.
Saratoga City Council Minutes — September 2, 2020 — Page 6 of 9
BERNALD/ZHAO MOVED TO INTRODUCE AND WAIVE THE FIRST READING
OF THE ORDINANCE THAT WOULD PROHIBIT THE SALE OF ELECTRONIC
SMOKING PRODUCTS IN THE CITY OF SARATOGA THROUGH
AMENDMENTS TO ARTICLE 4.90 OF THE CITY CODE; AND, DIRECT STAFF
TO PLACE THE ORDINANCE ON THE CONSENT CALENDAR FOR ADOPTION
AT THE NEXT REGULARLY SCHEDULED CITY COUNCIL MEETING.
MOTION PASSED BY VERBAL ROLL CALL. AYES: MILLER, BERNALD, ZHAO,
KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.
3. GENERAL BUSINESS
3.1. Hakone Foundation Lease Update
Recommended Action:
Authorize the City Manager to execute a new 55-year lease agreement with the Hakone
Foundation for the operation and maintenance of Hakone Estate and Gardens.
James Lindsay, City Manager, presented the staff report.
Mayor Miller invited public comment on the item.
The following people requested to speak:
Ann Waltonsmith spoke
Shozo Kagoshima spoke
No one else requested to speak.
ZHAO/BERNALD MOVED TO AUTHORIZE THE CITY MANAGER TO EXECUTE
A NEW 55-YEAR LEASE AGREEMENT WITH THE HAKONE FOUNDATION
FOR THE OPERATION AND MAINTENANCE OF HAKONE ESTATE AND
GARDENS. MOTION PASSED BY VERBAL ROLL CALL. AYES: MILLER,
BERNALD, ZHAO, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.
COUNCIL ASSIGNMENTS
Mayor Howard Miller
Council Finance Committee — the Vice Mayor reported from the meeting.
Silicon Valley Clean Energy Authority Board of Directors — the Board submitted a bi-annual
Integrated Resource plan to California Public Utilities Commission.
VTA State Route 85 Corridor Policy Advisory Board — the Policy Advisory Board created a
report to VTA recommending a public transit lane to support high speed public transit and
corporate shuttles. However, the VTA staff reported to the VTA Board recommending a
Corporate shuttle Express Lane and not the Policy Board recommendation. Mayor Miller is
asking residents to contact VTA to share their opinions.
West Valley Mayors & Managers — the group discussed two cities that are using C1earGov
(transparent City finances) and requested a future presentation from C1earGov.
Saratoga City Council Minutes — September 2, 2020 — Page 7 of 9
Vice Mayor Mary -Lynne Bernald
Council Finance Committee — the Committee discussed the CARES ACT funding and Ca1PERS
Assessed Valuation report.
Hakone Foundation Board & Executive Committee — Council Member Zhao reported on the
meeting.
Santa Clara/Santa Cruz Airport/Community Roundtable — the Roundtable is working on their
next steps.
Saratoga Historical Foundation — the Board is reviewing future goals.
Council Member Yan Zhao
Hakone Foundation Board —the Board approved the new lease agreement that was before the
Council this evening.
Saratoga Area Senior Coordinating Council (SASCC) — SASCC approved Manny Cappello as
new Board Member. SASCC is planning several events including having a virtual lunch with the
Mayor on September 9 and having a drive -through Resource Fair on September 22.
West Valley Sanitation District — the District had a meeting, but nothing to report.
Council Member Rishi Kumar
Nothing to report.
CITY COUNCIL ITEMS
Mayor Miller, with support from Vice Mayor Bernald, asked staff to bring to the next Council
meeting a letter to the VTA to more accurately reflect the Advisory Board proposal.
Vice Mayor Bernald, with support from Mayor Miller, asked staff to bring back a report to
Council on possibly expanding the Public Art Committee to include members of the public or
forming a Public Art Commission.
COUNCIL COMMUNICATIONS
None
CITY MANAGER'S REPORT
None
CLOSED SESSION
The Mayor announced that the City Council will close the Regular Meeting of the City Council
and move into a Closed Session.
Mayor Miller invited public comment on the Closed Session items.
No one requested to speak.
The Mayor announced a recess at 7:58 p.m.
The City Council reconvened at 8:05 p.m.
Saratoga City Council Minutes — September 2, 2020 — Page 8 of 9
ADJOURNMENT
BERNALD/ZHAO MOVED TO ADJOURN THE MEETING AT 8:15 P.M. MOTION
PASSED BY VERBAL ROLL CALL. AYES: MILLER, BERNALD, ZHAO, KUMAR..
NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.
s r lly submitted:
e rretschneider, City Clerk
City of Saratoga
Saratoga City Council Minutes - September 2, 2020 -- Page 9 of 9