HomeMy WebLinkAbout11-18-2020 City Council MinutesSaratoga City Council Minutes ~ November 18, 2020 ~ Page 1 of 8
MINUTES
WEDNESDAY, NOVEMBER 18, 2020
SARATOGA CITY COUNCIL REGULAR MEETING
At 6:00 p.m., the City Council held a Joint Meeting with Los Gatos-Saratoga Community
Education and Recreation via teleconferencing through Zoom.
Mayor Miller called the virtual Regular Session to order at 7:01 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
Debbie Pedro, Community Development Director
Nicole Johnson, Senior Planner
Kayla Nakamoto, Administrative Analyst
(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 November 12, 2020.
Saratoga City Council Minutes ~ November 18, 2020 ~ Page 2 of 8
REPORT FROM JOINT MEETING
Nancy Rollett, Executive Director, provided an overview of the City Council Joint Meeting with
the Los Gatos-Saratoga Community Education and Recreation.
ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS
Peter Marra spoke about receiving the Los Gatos-Saratoga Recreation Activity Guide in the mail.
ANNOUNCEMENTS
Mayor Miller shared information about COVID-19 updates, the virtual Annual Tree Lighting
Ceremony, the City’s Holiday Food Drive, the virtual Celebration of Light, Living Room
Conversations, Council Reorganization meeting, and the opening at Quarry Park of the Saratoga
to Skyline Trail.
CEREMONIAL ITEMS
Commendations Recognizing the Service of the Wildfire Public Safety Task Force
Members
Recommended Action:
Recognize the service of the City of Saratoga Wildfire Public Safety Task Force members,
including Chair Chuck Page, Vice Chair Paul Hansen, and Task Force Members Bill
Cooper, May Lu, Arun Venkatachar, and Michael Zhang.
Mayor Miller and the City Council thanked the members of the Wildfire Public Safety Task
Force for their service.
SPECIAL PRESENTATIONS
Presentation by Omniscent
Recommended Action:
Accept presentation by Omniscent CEO Sassan Teymouri.
Mayor Miller and the City Council received the presentation by Omniscent CEO Sassan
Teymouri.
Mayor Miller invited public comment on the item.
Marv spoke
No one else requested to speak.
1. CONSENT CALENDAR
1.1. City Council Meeting Minutes
Recommended Action:
Approve the City Council minutes for the Regular City Council Meeting on November 4,
2020.
Saratoga City Council Minutes ~ November 18, 2020 ~ Page 3 of 8
BERNALD/ZHAO MOVED TO APPROVE THE CITY COUNCIL MINUTES FOR
THE REGULAR CITY COUNCIL MEETING ON NOVEMER 4, 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:
11/6/2020 Period 5; 11/10/2020 Period 5.
BERNALD/ZHAO MOVED TO ACCEPT CHECK REGISTERS FOR THE
FOLLOWING ACCOUNTS PAYABLE PAYMENT CYCLES: 11/6/2020 PERIOD 5;
11/10/2020 PERIOD 5. MOTION PASSED BY VERBAL ROLL CALL. AYES:
MILLER, BERNALD, ZHAO, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT:
NONE.
1.3. Los Gatos-Saratoga Community Education and Recreation Lease Amendment to
Lease Amount
Recommended Action:
Authorize the City Manager to execute an amended lease agreement with Los Gatos-
Saratoga Community Education and Recreation (LGS Recreation) to adjust the lease
payment amount to $14,500 for Fiscal Year 2020/21 to reflect reduction in participation
levels due to COVID-19 restrictions; and approve the budget adjustment resolution for
Fiscal Year 2020/21 to amend the revenues for the LGS Recreation lease.
RESOLUTION 20-071
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
ADJUST THE LEASE PAYMENT AMOUNT TO $14,500 FOR FISCAL YEAR
2020/21 TO REFLECT REDUCTION IN PARTICIPATION LEVELS DUE TO
COVID-19 RESTRICTIONS; AND APPROVE THE BUDGET ADJUSTMENT
RESOLUTION FOR FISCAL YEAR 2020/21 TO AMEND THE REVENUES FOR
THE LGS RECREATION LEASE. MOTION PASSED BY VERBAL ROLL CALL.
AYES: MILLER, BERNALD, ZHAO, KUMAR. NOES: NONE. ABSTAIN: NONE.
ABSENT: NONE.
1.4. EKIM Contract Amendment – Permit Center Remodel Project.
Recommended Action:
Authorize the City Manager to execute a contract amendment with EKIM Painting – North,
Inc. increasing the authorized amount from $224,250 to $266,700 and extending the term to
December 31, 2020 for completion of the Permit Center Remodel Project.
BERNALD/ZHAO MOVED TO AUTHORIZE THE CITY MANAGER TO EXECUTE
A CONTRACT AMENDMENT WITH EKIM PAINTING – NORTH, INC.
INCREASING THE AUTHORIZED AMOUNT FROM $224,250 TO $266,700 AND
EXTENDING THE TERM TO DECEMBER 31, 2020 FOR COMPLETION OF THE
PERMIT CENTER REMODEL PROJECT. MOTION PASSED BY VERBAL ROLL
Saratoga City Council Minutes ~ November 18, 2020 ~ Page 4 of 8
CALL. AYES: MILLER, BERNALD, ZHAO, KUMAR. NOES: NONE. ABSTAIN:
NONE. ABSENT: NONE.
2. PUBLIC HEARING
2.1. APCC20-0002 - Appeal of a Conditional Use Permit and Design Review Application
for a Residential Care Facility for the Elderly (RCFE) on Saratoga Creek Drive (APNs 389-
06-020 & 389-06-021)
Recommended Action:
1.Conduct a public hearing and de novo review of the application that is the subject of the
appeal;
2.Adopt a resolution certifying the Environmental Impact Report (EIR), making findings,
and adopting the Mitigation Monitoring and Reporting Program; and
3.Adopt a resolution denying the appeal (APCC20-0002) and approving the Conditional
Use Permit, Design Review, and Arborist Report (CUP15-0002/PDR15-0019/ARB15-0053)
for the construction of a RCFE on Saratoga Creek Drive with the Landscape Alternative
(Alternative #3) from the FEIR subject to conditions of approval as approved by the
Planning Commission.
Mayor Miller explained that this item was continued from the November 4, 2020 Council
meeting at the request of the appellant.
Nicole Johnson, Senior Planner, presented the staff report.
Mayor Miller opened the public hearing and asked the appellant for their opening remarks.
The appellant, Daryl Abrams and his representative, Todd Amspoker, Attorney, spoke.
Mayor Miller asked the applicant for their opening remarks.
The applicant, Golden Age Properties Saratoga LLC, was represented by owner Mike
Sneper, and Norm Matteoni, legal advisor, spoke.
Mayor Miller invited public comment on the item.
Tylor Taylor, Executive Director of SASCC, spoke in favor of denying the appeal
Ann Marie Burger, former Mayor of Saratoga, spoke in favor of denying the appeal
Janis Carney spoke in favor of denying the appeal
Tamara Abrams spoke in favor of upholding the appeal
Bruce A. Spotswood Friesen spoke in favor of denying the appeal
Cheriel Jensen spoke in favor of upholding the appeal
Manny Cappello, former Mayor of Saratoga, spoke in favor of denying the appeal
Mrs. Wagner spoke in favor of denying the appeal
Saratoga City Council Minutes ~ November 18, 2020 ~ Page 5 of 8
Ketan Jashapara spoke in favor of denying the appeal
Cathie Thermond spoke in favor of denying the appeal
Starr Davis spoke in favor of creating a creek trail easement
Reverend Kathey Crowe spoke in favor of denying the appeal
Philip Young spoke in favor of denying the appeal
Lisa Oakley, Chair of SASCC Board, spoke in favor of denying the appeal
Markus Breitbach spoke in favor of denying the appeal
Karla Earnst spoke in favor of denying the appeal
Chuck Page, former Mayor of Saratoga, spoke in favor of denying the appeal
Doug Robertson, former Saratoga Planning Commissioner, spoke in favor of upholding the
appeal and a trail
Susan Cone spoke in favor of a creek trail
Bruce Hodgin spoke in favor of denying the appeal
Peter Marra spoke in favor of denying the appeal
Renee Paquier, Chair of Saratoga Parks & Recreation Commission, spoke in favor of
denying the appeal
No one else requested to speak.
Mayor Miller announced a recess at 9:40 p.m. and reconvened at 9:50 p.m.
Mayor Miller asked the applicant for their closing remarks.
Norm Matteoni, legal advisor, and applicant Mike Sneper spoke.
Mayor Miller asked the appellant for their closing remarks.
The appellant, Daryl Abrams and his representative, Todd Amspoker, Attorney, spoke.
Mayor Miller closed the public hearing.
RESOLUTION 20-072
RESOLUTION 20-073
Saratoga City Council Minutes ~ November 18, 2020 ~ Page 6 of 8
BERNALD/ZHAO MOVED TO ADOPT A RESOLUTION CERTIFYING THE
ENVIRONMENTAL IMPACT REPORT (EIR), MAKING FINDINGS, AND
ADOPTING THE MITIGATION MONITORING AND REPORTING PROGRAM;
AND ADOPT A RESOLUTION DENYING THE APPEAL (APCC20-0002) AND
APPROVING THE CONDITIONAL USE PERMIT, DESIGN REVIEW, AND
ARBORIST REPORT (CUP15-0002/PDR15-0019/ARB15-0053) FOR THE
CONSTRUCTION OF A RCFE ON SARATOGA CREEK DRIVE WITH THE
LANDSCAPE ALTERNATIVE (ALTERNATIVE #3) FROM THE FEIR SUBJECT
TO CONDITIONS OF APPROVAL AS APPROVED BY THE PLANNING
COMMISSION. MOTION PASSED BY VERBAL ROLL CALL. AYES: MILLER,
BERNALD, ZHAO, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.
3. GENERAL BUSINESS
3.1. Wildfire Public Safety Task Force Final Report and Update on Community Wildfire
Protection Plan
Recommended Action:
Accept the final report from the Wildfire Public Safety Task Force and update on
implementation progress of the Community Wildfire Protection Plan (CWPP); and direct
staff accordingly.
Crystal Bothelio, Assistant City Manager, presented the staff report.
Chuck Page, Chair of Wildfire Public Safety Task Force, spoke about the report, moving
forward on the recommendations, and working with County Fire on improving the CWPP.
Bill Cooper, member of Wildfire Public Safety Task Force, spoke about FireWise
Communities.
Mayor Miller invited public comment on the item.
Dede Smullen, Chair of FireSafe Council, spoke
No one else requested to speak.
KUMAR/ZHAO MOVED TO ACCEPT THE WILDFIRE PUBLIC SAFETY TASK
FORCE REPORT AND DIRECTED STAFF TO PLACE AN ITEM ON THE
DECEMBER 16, 2020 AGENDA TO CONSIDER CONTINUATION OF THE
WILDFIRE PUBLIC SAFETY TASK FORCE. MOTION PASSED BY VERBAL
ROLL CALL. AYES: MILLER, BERNALD, ZHAO, KUMAR. NOES: NONE. ABSTAIN:
NONE. ABSENT: NONE.
KUMAR/BERNALD MOVED TO DIRECT STAFF TO BRING FORWARD AN
AGENDA ITEM FURTHER OUTLINING IMPLEMENTATION OF THE CWPP
AND WILDFIRE PUBLIC SAFETY TASK FORCE RECOMMENDATIONS
RELATED TO FIREWISE COMMUNITIES, DEAD TREE REBATE PROGRAM,
COMMUNICATIONS, AND FUNDING FOR FUEL REDUCTION. MOTION
PASSED BY VERBAL ROLL CALL. AYES: MILLER, BERNALD, ZHAO, KUMAR.
NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.
Saratoga City Council Minutes ~ November 18, 2020 ~ Page 7 of 8
3.2. Inclusive Playground Policy
Recommended Action:
Adopt the resolution establishing the City’s Inclusive Playground Policy.
Kayla Nakamoto, Administrative Analyst, presented the staff report.
Mayor Miller invited public comment on the item.
No one requested to speak.
RESOLUTION 20-074
ZHAO/BERNALD MOVED TO ADOPT THE RESOLUTION ESTABLISHING THE
CITY’S INCLUSIVE PLAYGROUND POLICY. MOTION PASSED BY VERBAL
ROLL CALL. AYES: MILLER, BERNALD, ZHAO, KUMAR. NOES: NONE. ABSTAIN:
NONE. ABSENT: NONE.
COUNCIL ASSIGNMENTS
Mayor Howard Miller
Saratoga Ministerial Association – the group discussed the virtual Thanksgiving Interfaith
service, the virtual Celebration of Light, and issues with Safe Car Park.
Saratoga Sister City Organization – members discussed a fence at Hakone that was originally
donated by Sister City.
Silicon Valley Clean Energy Authority Board of Directors – the Directors authorized staff to
create a super JPA for long-term storage contract.
Valley Transportation Authority (VTA) Policy Advisory Committee – the Committee received a
staff report to move Measure B money from funding local streets improvements to building
BART in San Jose for 10 years.
VTA State Route 85 Corridor Policy Advisory Board – the Board asked for update on Route 85
noise mitigation, but instead received a report on transit.
Vice Mayor Mary-Lynne Bernald
Cities Association of Santa Clara County-City Selection Committee – the Committee made
selections for openings.
Cities Association of Santa Clara County Board of Directors – the Directors approved election
of the Executive Board.
Public Art Committee – in addition to appointing two advisory members to the Public Art
Committee, the Committee welcomed Cristina Meiser, Library & Community Engagement
Commission member, as an advisory member. The review of the last year’s projects included
#SaratogaROCKS, artwork at the Community Center, and the PLACE bench.
Council Member Yan Zhao
Public Art Committee – the Committee appointed 2 community members to be the advisory
members and reviewed programs launched in the last year, which included, decorative bicycle
racks, a virtual chalk art event, artist hopscotch areas in City parks, Rainy Day Sidewalk Poetry,
and Nuts about Saratoga.
Saratoga Chamber of Commerce – Council Member Zhao attended the meeting, but there was
nothing to report.
Saratoga City Council Minutes ~ November 18, 2020 ~ Page 8 of 8
West Valley Sanitation District – Council Member Zhao attended the meeting, but there was
nothing to report.
Council Member Rishi Kumar
West Valley Clean Water Program Authority – the members received the Fiscal Year 2019/20
annual report from San Francisco Regional Water Quality Control Board.
West Valley Solid Waste Management Joint Powers Authority – the members received member
agencies reports and legislative updates. Council Member Kumar asked for a better process for
residents’ complaints about garbage pickup.
CITY COUNCIL ITEMS
Council Member Zhao, with support from Mayor Miller, asked to have staff to talk with
Omniscent about their proposal and bring a report back to Council.
COUNCIL COMMUNICATIONS
Council Member Kumar spoke about protesting a San Jose Water Company rate increase.
CITY MANAGER'S REPORT
None
ADJOURNMENT
BERNALD/ZHAO MOVED TO ADJOURN THE MEETING AT 11:33 P.M. MOTION
PASSED BY VERBAL ROLL CALL. AYES: MILLER, BERNALD, ZHAO, KUMAR..
NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.
Minutes respectfully submitted:
Debbie Bretschneider, City Clerk
City of Saratoga