HomeMy WebLinkAbout11-17-2021 City Council Meeting MinutesSaratoga City Council Minutes ~ November 17, 2021 ~ Page 1 of 8
MINUTES
WEDNESDAY, NOVEMBER 17, 2021
SARATOGA CITY COUNCIL REGULAR MEETING
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
Mary-Lynne Bernald, Rishi Kumar, Kookie Fitzsimmons
(All Council Members appearing via teleconference)
ABSENT: None
ALSO PRESENT:
James Lindsay, City Manager
Richard Taylor, City Attorney
Crystal Bothelio, Assistant City Manager
Captain Rich Urena, Santa Clara County Sheriff’s Office
Britt Avrit, City Clerk
Sandra Dalida, Interim Administrative Services Director
Debbie Pedro, Community Development Director
John Cherbone, Public Works Director
Mainini Cabute, Environmental Program Manager
Lauren Pettipiece, Public Information Officer
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 November 10, 2021.
ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS
The following individuals spoke at this time:
Daniel Rhoads - discussed impacts of SB 9 and SB 10.
Saratoga City Council Minutes ~ November 17, 2021 ~ Page 2 of 8
CEREMONIAL ITEMS
Family Court Awareness Month
Recommended Action:
Proclaim November as Family Court Awareness Month in the City of Saratoga.
The City Council proclaimed November as Family Court Awareness Month in the City of
Saratoga.
AINAK Eyeglasses Commendation
Recommended Action:
Commend AINAK Eyeglass for helping to provide essential eye care services to those who
cannot afford them.
The City Council commended AINAK Eyeglass for helping to provide essential eye care
services to those who cannot afford them.
ANNOUNCEMENTS
Mayor Zhao shared information about COVID-19, Housing Element Community Meetings,
Holiday Tree Lighting and Wine Stroll and Celebration of Light.
1. CONSENT CALENDAR
No one requested to speak.
1.1. City Council Meeting Minutes
Recommended Action:
Approve the Minutes for the November 3, 2021 City Council Meeting.
BERNALD/FITZSIMMONS MOVED TO APPROVE THE MINUTES FOR THE
NOVEMBER 3, 2021 CITY COUNCIL MEETING. MOTION PASSED BY VERBAL
ROLL CALL. AYES: BERNALD, FITZSIMMONS, KUMAR, WALIA, ZHAO: 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:
11/3/21 Period 5; 11/10/21 Period 5.
BERNALD/FITZSIMMONS MOVED TO REVIEW AND ACCEPT CHECK
REGISTERS FOR THE FOLLOWING ACCOUNTS PAYABLE PAYMENT
CYCLES: 11/3/21 PERIOD 5; 11/10/21 PERIOD 5. MOTION PASSED BY VERBAL
ROLL CALL. AYES: BERNALD, FITZSIMMONS, KUMAR, WALIA, ZHAO: NOES:
NONE. ABSTAIN: NONE. ABSENT: NONE.
Saratoga City Council Minutes ~ November 17, 2021 ~ Page 3 of 8
1.3. Treasurer’s Report for the Month Ended September 30, 2021
Recommended Action:
Review and accept the Treasurer’s Report for the month ended September 30, 2021.
BERNALD/FITZSIMMONS MOVED TO REVIEW AND ACCEPT THE
TREASURER’S REPORT FOR THE MONTH ENDED SEPTEMBER 30, 2021.
MOTION PASSED BY VERBAL ROLL CALL. AYES: BERNALD, FITZSIMMONS,
KUMAR, WALIA, ZHAO: NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.
1.4. Reconsider and confirm findings pursuant to Assembly Bill 361
Recommended Action:
Reconsider and confirm findings pursuant to Assembly Bill 361 of the continued existence
of a state of emergency and public health officials’ recommendation of social distancing.
BERNALD/FITZSIMMONS MOVED TO CONFIRM FINDINGS PURSUANT TO
ASSEMBLY BILL 361 OF THE CONTINUED EXISTENCE OF A STATE OF
EMERGENCY AND PUBLIC HEALTH OFFICIALS’ RECOMMENDATION OF
SOCIAL DISTANCING. MOTION PASSED BY VERBAL ROLL CALL. AYES:
BERNALD, FITZSIMMONS, KUMAR, WALIA, ZHAO: NOES: NONE. ABSTAIN:
NONE. ABSENT: NONE.
1.5. Notice of Completion – 2020 Pavement Management Program Project
Recommended Action:
Move to accept the 2020 Pavement Management Program (2020 PMP) contract as complete
and authorize staff to record the Notice of Completion.
BERNALD/FITZSIMMONS MOVED TO ACCEPT THE 2020 PAVEMENT
MANAGEMENT PROGRAM (2020 PMP) CONTRACT AS COMPLETE AND
AUTHORIZE STAFF TO RECORD THE NOTICE OF COMPLETION. MOTION
PASSED BY VERBAL ROLL CALL. AYES: BERNALD, FITZSIMMONS, KUMAR,
WALIA, ZHAO: NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.
1.6. Annual Code Update for 2021
Recommended Action:
Adopt the attached 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).
ORDINANCE 383
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BERNALD/FITZSIMMONS MOVED TO ADOPT THE ATTACHED 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). MOTION PASSED BY VERBAL ROLL
CALL. AYES: BERNALD, FITZSIMMONS, KUMAR, WALIA, ZHAO: NOES: NONE.
ABSTAIN: NONE. ABSENT: NONE.
1.7. Budget Resolution for Grant Funds Awarded by the Metropolitan Transportation
Commission Safe and Seamless Mobility Quick-Strike Program Grant in the amount of
$1,800,000 and changing the project title of the Guava/Fredericksburg Entrance & Railroad
Crossing Improvements
Recommended Action:
Approve a budget resolution to appropriate $1,800,000 in MTC Safe and Seamless Mobility
Quick Strike Program grant funds into the Fiscal Year 2021/22 Capital Improvement
Program Budget and to change the title of the Guava/Fredericksburg Entrance & Railroad
Crossing Improvements project to the Blue Hills Elementary Pedestrian Crossing at Union
Pacific Railroad (UPRR) Project.
RESOLUTION 21-078
BERNALD/FITZSIMMONS MOVED TO APPROVE A BUDGET RESOLUTION TO
APPROPRIATE $1,800,000 IN MTC SAFE AND SEAMLESS MOBILITY QUICK
STRIKE PROGRAM GRANT FUNDS INTO THE FISCAL YEAR 2021/22 CAPITAL
IMPROVEMENT PROGRAM BUDGET AND TO CHANGE THE TITLE OF THE
GUAVA/FREDERICKSBURG ENTRANCE & RAILROAD CROSSING
IMPROVEMENTS PROJECT TO THE BLUE HILLS ELEMENTARY
PEDESTRIAN CROSSING AT UNION PACIFIC RAILROAD (UPRR) PROJECT.
MOTION PASSED BY VERBAL ROLL CALL. AYES: BERNALD, FITZSIMMONS,
KUMAR, WALIA, ZHAO: NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.
1.8. Mandatory Organic Waste Disposal Reduction Ordinance in Compliance with Senate
Bill 1383
Recommended Action:
Adopt the Mandatory Organic Waste Disposal Reduction Ordinance required by the State of
California.
ORDINANCE 384
Saratoga City Council Minutes ~ November 17, 2021 ~ Page 5 of 8
BERNALD/FITZSIMMONS MOVED TO ADOPT THE MANDATORY ORGANIC
WASTE DISPOSAL REDUCTION ORDINANCE REQUIRED BY THE STATE OF
CALIFORNIA. MOTION PASSED BY VERBAL ROLL CALL. AYES: BERNALD,
FITZSIMMONS, KUMAR, WALIA, ZHAO: NOES: NONE. ABSTAIN: NONE. ABSENT:
NONE.
2. GENERAL BUSINESS
2.1. School Resource Officer Funding for Fiscal Year 2022/23
Recommended Action:
Review funding of the School Resource Officer for Fiscal Year 2022/23.
Crystal Bothelio, Assistant City Manager, presented the staff report.
Mayor Zhao invited public comment on the item.
The following individuals spoke on this item: Cynthia Chang, David Guidry, Katherine
Tseng, Michael Grove, Cynthia Miller, Theresa Bond
KUMAR/BERNALD MOVED TO CONTINUE FUNDING FOR THE SCHOOL
RESOURCE OFFICER FOR FY 2022/2023 IF CURRENT SCHOOL RESOURCE
OFFICER COST SHARE RATIO BETWEEN THE CITY AND SCHOOL
DISTRICTS IS MAINTAINED. MOTION PASSED BY VERBAL ROLL CALL. AYES:
BERNALD, FITZSIMMONS, KUMAR, WALIA, ZHAO: NOES: NONE. ABSTAIN:
NONE. ABSENT: NONE.
2.2. Review of Parking Restrictions on Douglass Lane, Black Walnut Court, Kenosha
Court, and Minocqua Court
Recommended Action:
Review Motor Vehicle Resolution No. 326 restricting parking on Douglass Lane, Black
Walnut Court, Kenosha Court, and Minocqua Court and direct staff accordingly.
M. Leah Cabute, Environmental Program Manager, presented the staff report.
Mayor Zhao invited public comment on the item.
The following individuals spoke on this item: Praveen Akkiraju, Tim Walsh, Ralph, Claudia,
Nani, Pravin Madhani, Nancy, IDRE, Donald Packwood
The City Attorney clarified that the effect of the motion will be to allow the resolution adopted
in 2020 to remain in effect.
KUMAR/BERNALD MOVED TO MAKE MOTOR VEHICLE RESOLUTION 326
AND RESTRICTED PARKING PERMANENT. MOTION PASSED BY VERBAL
ROLL CALL. AYES: BERNALD, FITZSIMMONS, KUMAR, WALIA, ZHAO: NOES:
NONE. ABSTAIN: NONE. ABSENT: NONE.
Saratoga City Council Minutes ~ November 17, 2021 ~ Page 6 of 8
2.3. Comment Letter on the Draft EIR for the El Paseo Project
Recommended Action:
Authorize submittal of a letter to the City of San Jose commenting on the Draft EIR for the
El Paseo Mixed Use project at 1312 El Paseo De Saratoga & 1777 Saratoga Avenue.
Debbie Pedro, Community Development Director, presented the staff report.
Mayor Zhao invited public comment on the item.
No one requested to speak.
BERNALD/WALIA MOVED TO AUTHORIZE SUBMITTAL OF A LETTER TO THE
CITY OF SAN JOSE COMMENTING ON THE DRAFT EIR FOR THE EL PASEO
MIXED USE PROJECT AT 1312 EL PASEO DE SARATOGA & 1777 SARATOGA
AVENUE. MOTION PASSED BY VERBAL ROLL CALL. AYES: BERNALD,
FITZSIMMONS, KUMAR, WALIA, ZHAO: NOES: NONE. ABSTAIN: NONE. ABSENT:
NONE.
The Mayor requested a brief recess and reconvened the meeting at 9:16 p.m.
2.4. Annual Review --Saratoga Climate Action Plan 2030
Recommended Action:
Accept report on the Annual Review of the City’s Climate Action Plan.
M. Leah Cabute, Environmental Program Manager, presented the staff report.
Mayor Zhao invited public comment on the item.
No one requested to speak.
WALIA/BERNALD MOVED TO ACCEPT REPORT ON THE ANNUAL REVIEW OF
THE CITY’S CLIMATE ACTION PLAN. MOTION PASSED BY VERBAL ROLL
CALL. AYES: BERNALD, FITZSIMMONS, KUMAR, WALIA, ZHAO: NOES: NONE.
ABSTAIN: NONE. ABSENT: NONE.
2.5. Ordinance Banning Sale of Flavored Tobacco Products
Recommended Action:
Provide direction to staff on whether to prepare an ordinance expanding current restrictions
on the sale of flavored tobacco to include menthol tobacco products.
Crystal Bothelio, Assistant City Manager, presented the staff report.
Mayor Zhao invited public comment on the item.
The following individuals spoke on this item: Mary Ann Welch, Carol Baker, Lori Bremner,
Tanya Payyappilly, Claudia, Vanessa Marvin
Saratoga City Council Minutes ~ November 17, 2021 ~ Page 7 of 8
BERNALD/WALIA MOVED TO DIRECT STAFF TO PREPARE AN ORDINANCE
EXPANDING CURRENT RESTRICTIONS ON THE SALE OF FLAVORED
TOBACCO TO INCLUDE MENTHOL TOBACCO PRODUCTS. MOTION PASSED
BY VERBAL ROLL CALL. AYES: BERNALD, FITZSIMMONS, KUMAR, WALIA,
ZHAO: NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.
2.6. Suicide Prevention Policy
Recommended Action:
Provide direction to staff on whether to prepare a suicide prevention policy for Council
consideration at a future meeting.
Crystal Bothelio, Assistant City Manager, presented the staff report.
Mayor Zhao invited public comment on the item.
The following individuals spoke on this item: Vic Ojakian, Uday Kapoor
ZHAO/WALIA MOVED TO DIRECT STAFF TO PREPARE A SUICIDE
PREVENTION POLICY FOR COUNCIL CONSIDERATION AT A FUTURE
MEETING. MOTION PASSED BY VERBAL ROLL CALL. AYES: BERNALD,
FITZSIMMONS, KUMAR, WALIA, ZHAO: NOES: NONE. ABSTAIN: NONE. ABSENT:
NONE.
COUNCIL ASSIGNMENTS
Council Member Mary-Lynne Bernald
Hakone Foundation Board & Executive Committee – the Board discussed hiring a part-time
gardener and giving staff a cost-of-living increase.
Saratoga Historical Foundation – this organization will be meeting on November 18, 2021.
Santa Clara/Santa Cruz Airport/Community Roundtable – at the meeting held on November 11,
2021, a decision was made to disband as of December 31, 2021 and the process for wrapping up
the finances for this organization was discussed.
West Valley Solid Waste Management Joint Powers Authority – the Authority received a report on
regulatory changes and program updates and status report of the implementation of SB 1383,
discussed how the hauler handled missed garbage pick-ups, and approved assessing $21,139 in
liquidated damages for those missed pick-ups.
West Valley Clean Water Program Authority – stated the Authority met in Closed Session,
discussed the status of key objectives, cost of services and long-term funding options.
Council Member Kookie Fitzsimmons
Chamber of Commerce – stated she attended this meeting with nothing to report.
Council Member Rishi Kumar
Santa Clara County Library Joint Powers Authority – discussed the presentation provided
regarding the Library System during the pandemic.
West Valley Clean Water Program Authority – discussed the drought presentation provided at the
meeting.
Saratoga City Council Minutes ~ November 17, 2021 ~ Page 8 of 8
Vice Mayor Tina Walia
Silicon Valley Clean Energy Authority Board of Directors – the Board decided to extend relief for
outstanding balances and delinquent accounts until March 2022; discussed decarbonization,
various programs offered and the status of those programs.
Cities Association of Santa Clara County-Legislative Action Committee – discussed presentation
received from Senator Cortese regarding legislation.
Cities Association of Santa Clara County – discussed the presentation received, the Board
discussed of the budget and held the election of officers.
Saratoga Ministerial Association – discussed the Celebration of Light event and upcoming
interfaith Thanksgiving service.
Mayor Yan Zhao
Valley Transportation Authority (VTA) Policy Advisory Committee – the Authority approved 2016
Measure B Highway Interchange Project List and the 2016 Measure B 10-Year Program Priority
List and reviewed the work plan for next year.
West Valley Mayors & Managers –stated recent meeting was the first time they were able to meet
in person since the beginning of the pandemic; nothing to report.
West Valley Sanitation District – nothing to report, routine business.
CITY COUNCIL ITEMS
None
COUNCIL COMMUNICATIONS
None
CITY MANAGER'S REPORT
No report
ADJOURNMENT
BERNALD/ FITZSIMMONS MOVED TO ADJOURN THE MEETING AT 10:30 P.M.
MOTION PASSED BY VERBAL ROLL CALL. AYES: BERNALD, FITZSIMMONS,
KUMAR, WALIA, ZHAO: NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.
Minutes respectfully submitted:
Britt Avrit, MMC, City Clerk
City of Saratoga