HomeMy WebLinkAbout11-03-2021 City Council Meeting MinutesSaratoga City Council Minutes ~ November 3, 2021 ~ Page 1 of 7
MINUTES
WEDNESDAY, NOVEMBER 3, 2021
SARATOGA CITY COUNCIL REGULAR MEETING
At 5:30 p.m., the City Council held a Joint Meeting with Saratoga Schools via teleconferencing
through Zoom.
Mayor Zhao invited public comment.
No one requested to speak.
Mayor Zhao called the Regular Session to order at 7:00 p.m. via teleconferencing through Zoom.
Prior to Roll Call, the City Clerk explained the City Council meeting was conducted pursuant to
State law as recently amended by Assembly Bill 361, which allows the meeting to be conducted
entirely by teleconference. The City Council has met all the applicable notice requirements and
the public is welcome to participate. All Council Members, staff, and meeting attendees
participated by Zoom. Information on how the public can observe the meeting and provide public
comment was provided.
ROLL CALL
PRESENT:Mayor Yan Zhao, Vice Mayor Tina Walia, Council Members
Kookie Fitzsimmons, Mary-Lynne Bernald
(All Council Members appearing via teleconference)
ABSENT:Council Member Kumar
ALSO PRESENT:James Lindsay, City Manager
Richard Taylor, City Attorney
Crystal Bothelio, Assistant City Manager
Britt Avrit, City Clerk
Sandra Dalida, Interim Administrative Services Director
Debbie Pedro, Community Development Director
John Cherbone, Public Works Director
Emma Burkhalter, Associate Civil Engineer
Mainini Cabute, Environmental Program Manager
Kayla Nakamoto, Administrative Analyst
Maggie Huang, Interim Finance Manager
(All staff members appearing via teleconference)
REPORT ON POSTING OF THE AGENDA
The City Clerk reported the agenda for this meeting was properly posted on October 28, 2021.
REPORT ON JOINT MEETING
Mayor Zhao discussed the Joint Meeting with Saratoga Schools.
ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS
No one requested to speak.
Saratoga City Council Minutes ~ November 3, 2021 ~ Page 2 of 7
CEREMONIAL ITEMS
Commendations for Ping Li and Rick Pearce
Recommended Action:
Commend Ping Li and Rick Pearce for their service on the Saratoga Parks & Recreation
Commission.
The City Council commended Ping Li and Rick Pearce for their service on the Saratoga
Parks & Recreation Commission.
United Against Hate Week
Recommended Action:
Proclaim November 14-20, 2021 as United Against Hate Week in the City of Saratoga.
The City Council proclaimed November 14-20, 2021 as United Against Hate Week in the
City of Saratoga.
Appointment of Public Art Commissioners
Recommended Action:
Approve the Resolution appointing five members to the Saratoga Public Art Commission
and direct the City Clerk to administer the Oaths of Office.
RESOLUTION 21-076
WALIA/FITZSIMMONS MOVED TO APPROVE THE RESOLUTION APPOINTING
FIVE MEMBERS TO THE SARATOGA PUBLIC ART COMMISSION AND
DIRECTED THE CITY CLERK TO ADMINISTER THE OATHS OF OFFICE.
MOTION PASSED BY VERBAL ROLL CALL. AYES: BERNALD, FITZSIMMONS,
WALIA, ZHAO: NOES: NONE. ABSTAIN: NONE. ABSENT: KUMAR.
ANNOUNCEMENTS
Mayor Zhao shared information about COVID-19, Housing Element Community Meetings, the
State of the City event, Saratoga Power Lunch, upcoming Saratoga History Museum Events and
Activities, and the Holiday Tree Lighting and Wine Stroll.
1.CONSENT CALENDAR
Council Member Bernald requested that Item 1.1 be removed to add content.
Mayor Zhao invited public comment on the Consent Calendar.
No one requested to speak.
Council Member Bernald requested the Minutes be amended to reflect the motion of
“continue deliberation for the Public Art Commission selection until after the regular session.”
1.1. City Council Meeting Minutes
Recommended Action:
Approve the Minutes for the October 20, 2021, City Council Meeting and the October 25,
2021, Study Session.
Saratoga City Council Minutes ~ November 3, 2021 ~ Page 3 of 7
BERNALD/ZHAO MOVED TO APPROVE THE MINUTES AS AMENDED FOR THE
OCTOBER 20, 2021, CITY COUNCIL MEETING AND THE OCTOBER 25, 2021,
STUDY SESSION.MOTION PASSED BY VERBAL ROLL CALL. AYES: BERNALD,
FITZSIMMONS, WALIA, ZHAO: 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:
10/20/21 Period 4; 10/27/21 Period 4
FITZSIMMONS/BERNALD MOVED TO REVIEW AND ACCEPT CHECK
REGISTERS FOR THE FOLLOWING ACCOUNTS PAYABLE PAYMENT
CYCLES: 10/20/21 PERIOD 4; 10/27/21 PERIOD 4.MOTION PASSED BY VERBAL
ROLL CALL. AYES: BERNALD, FITZSIMMONS, WALIA, ZHAO: NOES: NONE.
ABSTAIN: NONE. ABSENT: KUMAR.
1.3. Treasurer’s Report for the Month Ended August 31, 2021
Recommended Action:
Review and accept the Treasurer’s Report for the month ended August 31, 2021.
FITZSIMMONS/BERNALD MOVED TO REVIEW AND ACCEPT THE
TREASURER’S REPORT FOR THE MONTH ENDED AUGUST 31, 2021.MOTION
PASSED BY VERBAL ROLL CALL. AYES: BERNALD, FITZSIMMONS, WALIA,
ZHAO: NOES: NONE. ABSTAIN: NONE. ABSENT: KUMAR.
2.PUBLIC HEARINGS
2.1. Introduction of a Mandatory Organic Waste Disposal Reduction in Compliance with
Senate Bill 1383
Recommended Action:
Conduct the public hearing, introduce, and waive the first reading of the Mandatory Organic
Waste Disposal Reduction Ordinance required by the State of California.
M. Leah Cabute, Environmental Program Manager, presented the staff report.
Mayor Zhao opened the public hearing.
Mayor Zhao invited public comment on the item.
No one requested to speak.
Mayor Zhao closed the public hearing.
BERNALD/WALIAMOVED TO CONDUCT THE PUBLIC HEARING, INTRODUCE,
AND WAIVE THE FIRST READING OF THE MANDATORY ORGANIC WASTE
DISPOSAL REDUCTION ORDINANCE REQUIRED BY THE STATE OF
CALIFORNIA.MOTION PASSED BY VERBAL ROLL CALL. AYES: BERNALD,
FITZSIMMONS, WALIA, ZHAO: NOES: NONE. ABSTAIN: NONE. ABSENT: KUMAR.
Saratoga City Council Minutes ~ November 3, 2021 ~ Page 4 of 7
2.2. Annual Code Update for 2021
Recommended Action:
Conduct the public hearing, introduce and waive the first reading of an ordinance amending
City Code sections 1-15.040 (concerning computation of time), 2-05.030 and 15-90.065
(concerning appeals by City Council members); 2-10.080 concerning title of Vice Mayor);
2-12.020, 080 and 2-15.050 (concerning Commissions and Commissioners), 3-10.070
(concerning appeal hearings), 5-25.070 (concerning reporting of transient occupancy tax
information); 6-05.050 (concerning review of emergency declarations); 7-30.051 and .060
(concerning leaf blowers); 13-10.040 (concerning the Heritage Preservation Commission);
14-25.080 (concerning parkland dedication); 15-50.070 and 080 (concerning tree removal
permits); 15-85.050 (concerning notice of Planning Commission public hearings); 16-
18.025 (concerning automatic sprinklers); and Chapter 14 (correcting cross references to
state law), and direct staff to place the matter on the consent calendar for the next regular
meeting of the City Council.
Richard Taylor, City Attorney, presented the staff report.
Mayor Zhao opened the public hearing.
Mayor Zhao invited public comment on the item.
No one requested to speak.
Mayor Zhao closed the public hearing.
BERNALD/WALIA MOVED TO CONDUCT THE PUBLIC HEARING, INTRODUCE
AND WAIVE THE FIRST READING OF AN ORDINANCE AMENDING CITY
CODE SECTIONS 1-15.040 (CONCERNING COMPUTATION OF TIME), 2-05.030
AND 15-90.065 (CONCERNING APPEALS BY CITY COUNCIL MEMBERS); 2-
10.080 CONCERNING TITLE OF VICE MAYOR); 2-12.020, 080 AND 2-15.050
(CONCERNING COMMISSIONS AND COMMISSIONERS), 3-10.070
(CONCERNING APPEAL HEARINGS), 5-25.070 (CONCERNING REPORTING OF
TRANSIENT OCCUPANCY TAX INFORMATION); 6-05.050 (CONCERNING
REVIEW OF EMERGENCY DECLARATIONS); 7-30.051 AND .060 (CONCERNING
LEAF BLOWERS); 13-10.040 (CONCERNING THE HERITAGE PRESERVATION
COMMISSION); 14-25.080 (CONCERNING PARKLAND DEDICATION); 15-50.070
AND 080 (CONCERNING TREE REMOVAL PERMITS); 15-85.050 (CONCERNING
NOTICE OF PLANNING COMMISSION PUBLIC HEARINGS); 16-18.025
(CONCERNING AUTOMATIC SPRINKLERS); AND CHAPTER 14 (CORRECTING
CROSS REFERENCES TO STATE LAW), AND DIRECT STAFF TO PLACE THE
MATTER ON THE CONSENT CALENDAR FOR THE NEXT REGULAR MEETING
OF THE CITY COUNCIL.MOTION PASSED BY VERBAL ROLL CALL. AYES:
BERNALD, FITZSIMMONS, WALIA, ZHAO: NOES: NONE. ABSTAIN: NONE.
ABSENT: KUMAR.
Saratoga City Council Minutes ~ November 3, 2021 ~ Page 5 of 7
3.GENERAL BUSINESS
3.1. Youth Commission Fundraising Plan 2021/22
Recommended Action:
Approve the Youth Commission Fundraising Plan 2021/22 to collect small monetary
donations at events and seek donations to support Youth Commission activities.
Kayla Nakamoto, Administrative Analyst, presented the staff report.
Mayor Zhao invited public comment on the item.
No one requested to speak.
FITZSIMMONS/BERNALD MOVED TO APPROVE THE YOUTH COMMISSION
FUNDRAISING PLAN 2021/22 TO COLLECT SMALL MONETARY DONATIONS
AT EVENTS AND SEEK DONATIONS TO SUPPORT YOUTH COMMISSION
ACTIVITIES.MOTION PASSED BY VERBAL ROLL CALL. AYES: BERNALD,
FITZSIMMONS, WALIA, ZHAO: NOES: NONE. ABSTAIN: NONE. ABSENT: KUMAR.
3.2. Budget Resolution for Emergency Interim Landslide Repair on Mt Eden Road in the
Amount of $75,000 and Approval of Contract with Cotton, Shires and Associates, Inc. for
Geotechnical Exploration and Slope Inclinometer Monitoring on Mt Eden Road Near Eden
Valley Court for a Total Amount of $40,150
Recommended Actions:
1.Approve a budget resolution to transfer $75,000 from the Hillside Stability Reserve and
establish a new Capital Improvement Project for emergency interim landslide repair on Mt
Eden Road.
2.Approve a contract with Cotton, Shires and Associates, Inc. (CSA) for geotechnical
exploration and slope inclinometer monitoring at Mt Eden Road near Eden Valley Court, in
the amount of $36,500, and authorize the City Manager to execute the same.
3.Authorize staff to execute change orders to the contract up to $3,650.
Emma Burkhalter, Associate Civil Engineer, presented the staff report.
Mayor Zhao invited public comment on the item.
No one requested to speak.
RESOLUTION 21-077
BERNALD/WALIA MOVED TO 1) APPROVE A BUDGET RESOLUTION TO
TRANSFER $75,000 FROM THE HILLSIDE STABILITY RESERVE AND
ESTABLISH A NEW CAPITAL IMPROVEMENT PROJECT FOR EMERGENCY
INTERIM LANDSLIDE REPAIR ON MT EDEN ROAD, 2. APPROVE A
CONTRACT WITH COTTON, SHIRES AND ASSOCIATES, INC. (CSA) FOR
GEOTECHNICAL EXPLORATION AND SLOPE INCLINOMETER MONITORING
AT MT EDEN ROAD NEAR EDEN VALLEY COURT, IN THE AMOUNT OF
$36,500, AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE SAME; 3.
AUTHORIZE STAFF TO EXECUTE CHANGE ORDERS TO THE CONTRACT UP
TO $3,650.MOTION PASSED BY VERBAL ROLL CALL. AYES: BERNALD,
FITZSIMMONS, WALIA, ZHAO: NOES: NONE. ABSTAIN: NONE. ABSENT: KUMAR.
Saratoga City Council Minutes ~ November 3, 2021 ~ Page 6 of 7
3.3. Community Partner Joint Meeting Presentations
Recommended Action:
Consider recommendation from the Mayor to request that community partners meeting
certain criteria provide the City Council with a summary of services provided over the last
year, including total number of people served and the number of Saratoga residents served
as part of the annual Joint Meeting or as a special presentation during a Regular Meeting
starting in 2022. The criteria to provide the annual report are: 1) have a facility lease or use
agreement with the City to provide services; or, 2) receive $25,000 or more to provide
services, excluding the Sheriff’s Office.
Crystal Bothelio, Assistant City Manager, presented the staff report.
Mayor Zhao invited public comment on the item.
No one requested to speak.
WALIA/FITZSIMMONS MOVED TO REQUEST THAT COMMUNITY PARTNERS
MEETING CERTAIN CRITERIA PROVIDE THE CITY COUNCIL WITH A
SUMMARY OF SERVICES PROVIDED OVER THE LAST YEAR, INCLUDING
TOTAL NUMBER OF PEOPLE SERVED AND THE NUMBER OF SARATOGA
RESIDENTS SERVED AS PART OF THE ANNUAL JOINT MEETING OR AS A
SPECIAL PRESENTATION DURING A REGULAR MEETING STARTING IN 2022,
FOR ONE YEAR. THE CRITERIA TO PROVIDE THE ANNUAL REPORT ARE: 1)
HAVE A FACILITY LEASE OR USE AGREEMENT WITH THE CITY TO
PROVIDE SERVICES; OR, 2) RECEIVE $25,000 OR MORE TO PROVIDE
SERVICES, EXCLUDING THE SHERIFF’S OFFICE.MOTION PASSED BY
VERBAL ROLL CALL. AYES: BERNALD, FITZSIMMONS, WALIA, ZHAO: NOES:
NONE. ABSTAIN: NONE. ABSENT: KUMAR.
COUNCIL ASSIGNMENTS
Council Member Mary-Lynne Bernald
Saratoga Historical Foundation –stated the group is making a concerted effort for the 2021/2022
Membership Drive, discussed the ongoing lecture series, the new roof for the museum and the
President’s effort to bring in speakers from other historic museums.
County Recycling and Waste Reduction Commission – stated she has been appointed to this
Commission for the past three years and stated this Commission received a SB 1383 presentation
and stated Saratoga is well prepared for the challenge associated with SB 1383.
Council Member Kookie Fitzsimmons
Nothing to report
Vice Mayor Tina Walia
Saratoga Area Senior Coordinating Council (SASCC)– stated the recent meeting was cancelled.
Saratoga Ministerial Association – stated the Association is finalizing the virtual Thanksgiving
service and stated the Celebration of Light event will take place December 11, 2021 at 5:30 p.m.
Saratoga City Council Minutes ~ November 3, 2021 ~ Page 7 of 7
Mayor Yan Zhao
Association of Bay Area Governments –discussed the recent RHNA Appeal meeting.
West Valley Mayors & Managers – stated the recent meeting had two special guests; Senator
Cortese who discussed State Initiatives, and Santa Clara County District Attorney Jeff Rosen who
provided accomplishments and initiatives for last year.
CITY COUNCIL ITEMS
None
COUNCIL COMMUNICATIONS
None
CITY MANAGER'S REPORT
No report
ADJOURNMENT
FITZSIMMONS/BERNALD MOVED TO ADJOURN THE MEETING AT 9:03 P.M.
MOTION PASSED BY VERBAL ROLL CALL. AYES: BERNALD, FITZSIMMONS, WALIA,
ZHAO: NOES: NONE. ABSTAIN: NONE. ABSENT: KUMAR.
Minutes respectfully submitted:
Britt Avrit, MMC, City Clerk
City of Saratoga