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Home My WebLink About12-15-2021 City Council Regular MeetingSaratoga City Council Minutes ~ December 15, 2021 ~ Page 1 of 8 MINUTES WEDNESDAY, DECEMBER 15, 2021 SARATOGA CITY COUNCIL REGULAR MEETING At 6:00 p.m., the City Council held a 2022 Preview Study Session via teleconferencing through Zoom. Mayor Walia invited public comment. No one requested to speak. Mayor Walia 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 Tina Walia, Vice Mayor Kookie Fitzsimmons, Council Members Mary-Lynne Bernald, Rishi Kumar, Yan Zhao (All Council Members appearing via teleconference) ABSENT:None ALSO PRESENT:James Lindsay, City Manager Richard Taylor, City Attorney Crystal Bothelio, Assistant City Manager Britt Avrit, City Clerk Debbie Pedro, Community Development Director Kayla Nakamoto, Administrative Analyst Lauren Pettipiece, Public Information Officer Chris Riordan, Senior Planner Nicole Johnson, Senior Planner Ann Xu, Accountant II (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 December 9, 2021. ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS The following individuals spoke at this time: Jeffrey Schwartz discussed uses of specific properties related to the December 14, 2021 Housing Element Study Session. Saratoga City Council Minutes ~ December 15, 2021 ~ Page 2 of 8 ‘Zoom user’ discussed the condition of a specific road in Saratoga. ANNOUNCEMENTS Mayor Walia shared information about COVID-19, Commission Recruitments, and AlertSCC Emergency Notifications. CEREMONIAL ITEMS Commendations for Annette Stransky, Mitch Kane and Manil Vasantha Recommended Action: Commend Annette Stransky for her service on the Heritage Preservation Commission and Mitch Kane and Manil Vasantha for their service on the Traffic Safety Commission. The City Council commended Annette Stransky for her service on the Heritage Preservation Commission and Mitch Kane and Manil Vasantha for their service on the Traffic Safety Commission. Appointment of Heritage Preservation Commissioner Recommended Action: Adopt the Resolution appointing one member to the Heritage Preservation Commission and direct the City Clerk to administer the Oath of Office. RESOLUTION 21-081 FITZSIMMONS/BERNALD MOVED TO ADOPT THE RESOLUTION APPOINTING ONE MEMBER TO THE HERITAGE PRESERVATION COMMISSION AND DIRECTED THE CITY CLERK TO ADMINISTER THE OATH OF OFFICE. MOTION PASSED BY VERBAL ROLL CALL. AYES: BERNALD, KUMAR, ZHAO, FITZSIMMONS, WALIA: NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. Proclamation Declaring December 3, 2021 as International Day of Persons with Disabilities Recommended Action: Proclaim December 3, 2021 as International Day of Persons with Disabilities in the City of Saratoga. The City Council proclaimed December 3, 2021 as International Day of Persons with Disabilities in the City of Saratoga. 1.CONSENT CALENDAR Mayor Walia invited public comment on the Consent Calendar. No one requested to speak. 1.1. City Council Meeting Minutes Recommended Action: Approve the Minutes for the December 1, 2021 City Council Meeting. Saratoga City Council Minutes ~ December 15, 2021 ~ Page 3 of 8 ZHAO/FITZSIMMONS MOVED TO APPROVE THE MINUTES FOR THE DECEMBER 1, 2021 CITY COUNCIL MEETING.MOTION PASSED BY VERBAL ROLL CALL. AYES: BERNALD, KUMAR, ZHAO, FITZSIMMONS, WALIA: 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: 11/23/21 Period 5; 12/1/21 Period 6; 12/7/21 Period 6 ZHAO/FITZSIMMONS MOVED TO REVIEW AND ACCEPT CHECK REGISTERS FOR THE FOLLOWING ACCOUNTS PAYABLE PAYMENT CYCLES: 11/23/21 PERIOD 5; 12/1/21 PERIOD 6; 12/7/21 PERIOD 6.MOTION PASSED BY VERBAL ROLL CALL. AYES: BERNALD, KUMAR, ZHAO, FITZSIMMONS, WALIA: NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 1.3. Treasurer’s Report for the Month Ended October 31, 2021 Recommended Action: Review and accept the Treasurer’s Report for the month ended October 31, 2021. ZHAO/FITZSIMMONS MOVED TO REVIEW AND ACCEPT THE TREASURER’S REPORT FOR THE MONTH ENDED OCTOBER 31, 2021.MOTION PASSED BY VERBAL ROLL CALL. AYES: BERNALD, KUMAR, ZHAO, FITZSIMMONS, WALIA: 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. ZHAO/FITZSIMMONS MOVED TO 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.MOTION PASSED BY VERBAL ROLL CALL. AYES: BERNALD, KUMAR, ZHAO, FITZSIMMONS, WALIA: NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 1.5. Commission Local Appointments List and Terms Expiring in 2022 Recommended Action: Adopt the Local Appointments List for terms expiring in the 2022 calendar year and direct the City Clerk to post on the City’s website. ZHAO/FITZSIMMONS MOVED TO ADOPT THE LOCAL APPOINTMENTS LIST FOR TERMS EXPIRING IN THE 2022 CALENDAR YEAR AND DIRECT THE CITY CLERK TO POST ON THE CITY’S WEBSITE.MOTION PASSED BY VERBAL ROLL CALL. AYES: BERNALD, KUMAR, ZHAO, FITZSIMMONS, WALIA: NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. Saratoga City Council Minutes ~ December 15, 2021 ~ Page 4 of 8 1.6. Third Amendment to Contract with BKF Engineers Recommended Action: Authorize an amendment to extend the time of the contract with BKF Engineers for one additional year. ZHAO/FITZSIMMONS MOVED TO AUTHORIZE AN AMENDMENT TO EXTEND THE TIME OF THE CONTRACT WITH BKF ENGINEERS FOR ONE ADDITIONAL YEAR.MOTION PASSED BY VERBAL ROLL CALL. AYES: BERNALD, KUMAR, ZHAO, FITZSIMMONS, WALIA: NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 1.7. Amendment to Contract with Cotton, Shires and Associates, Inc. Extending the Term of the Contract Recommended Action: Approve Amendment to the contract with Cotton, Shires and Associates, Inc. to extend the term of the contract two years to December 31, 2023. ZHAO/FITZSIMMONSMOVED TO APPROVE AMENDMENT TO THE CONTRACT WITH COTTON, SHIRES AND ASSOCIATES, INC. TO EXTEND THE TERM OF THE CONTRACT TWO YEARS TO DECEMBER 31, 2023.MOTION PASSED BY VERBAL ROLL CALL. AYES: BERNALD, KUMAR, ZHAO, FITZSIMMONS, WALIA: NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 1.8. Authorization for Participation in National Opioids Settlement Recommended Action: Authorize the City Manager and/or City Attorney to execute agreements implementing the National Opioids Settlements. ZHAO/FITZSIMMONS MOVED TO AUTHORIZE THE CITY MANAGER AND/OR CITY ATTORNEY TO EXECUTE AGREEMENTS IMPLEMENTING THE NATIONAL OPIOIDS SETTLEMENTS.MOTION PASSED BY VERBAL ROLL CALL. AYES: BERNALD, KUMAR, ZHAO, FITZSIMMONS, WALIA: NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 2.PUBLIC HEARINGS 2.1. Landmark Designation & Mills Act Agreement for 19174 DeHavilland Drive Application No. MIL21-0002 & LNDMRK21-0003 Recommended Action: The Heritage Preservation Commission (HPC) recommends that the City Council: 1. Conduct a public hearing on the proposal to designate the subject property as a historic landmark and enter into a Mills Act Agreement. 2. Introduce and waive first reading of the attached ordinance designating the property as a historic landmark. 3. Direct staff to place the ordinance on the Consent Calendar for adoption at the next regular meeting of the City Council. 4. Adopt the attached Resolution authorizing the City Manager to enter into a Mills Act Agreement for the property located at 19174 DeHavilland Drive upon the effective date of the landmark ordinance. Saratoga City Council Minutes ~ December 15, 2021 ~ Page 5 of 8 Nicole Johnson, Senior Planner, presented the staff report. Mayor Walia invited public comment on the item. No one requested to speak. RESOLUTION 21-082 BERNALD/FITZSIMMONS MOVED TO INTRODUCE AND WAIVE FIRST READING OF THE ORDINANCE DESIGNATING THE PROPERTY AS A HISTORIC LANDMARK; DIRECT STAFF TO PLACE THE ORDINANCE ON THE CONSENT CALENDAR FOR ADOPTION AT THE NEXT REGULAR MEETING OF THE CITY COUNCIL; ADOPT THE RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A MILLS ACT AGREEMENT FOR THE PROPERTY LOCATED AT 19174 DEHAVILLAND DRIVE UPON THE EFFECTIVE DATE OF THE LANDMARK ORDINANCE.MOTION PASSED BY VERBAL ROLL CALL. AYES: BERNALD, KUMAR, ZHAO, FITZSIMMONS, WALIA: NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 2.2. Urgency Ordinance to Implement Senate Bill 9 by Setting Forth Objective Standards Applicable to Projects Required to Be Processed for Only Ministerial Review Such as Lot Splits and 2-Unit Developments in All Single-Family Zoning Districts Recommended Action: Adopt the attached Urgency Ordinance to adopt urgency measures to implement Senate Bill No. 9 which becomes effective January 1, 2022. Christopher Riordan, Senior Planner, presented the staff report. Mayor Walia invited public comment on the item. The following individuals spoke at this time: Daniel Rhoads, Jeffrey Schwartz, Martin Yu, Michelle Miner, ‘Zoom user,’ Bill Dalton KUMAR/BERNALD MOVED TO ADOPT THE URGENCY ORDINANCE TO ADOPT URGENCY MEASURES TO IMPLEMENT SENATE BILL NO. 9 WHICH BECOMES EFFECTIVE JANUARY 1, 2022. Mayor Walia requested a friendly amendment to amend part of Section C (3) of the Ordinance to read “No dwelling unit shall exceed one story and shall not exceed a height of eighteen feet.” KUMAR/BERNALDMOVED TO ADOPT THE URGENCY ORDINANCE TO ADOPT URGENCY MEASURES TO IMPLEMENT SENATE BILL NO. 9 WHICH BECOMES EFFECTIVE JANUARY 1, 2022 AS AMENDED FOR SECTION C (3). MOTION PASSED BY VERBAL ROLL CALL. AYES: BERNALD, KUMAR, ZHAO, FITZSIMMONS, WALIA: NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. Saratoga City Council Minutes ~ December 15, 2021 ~ Page 6 of 8 2.3. Ordinance Amending City Code Section 4-90.020 to Ban Sale of Menthol Tobacco Products Recommended Action: Conduct the public hearing, introduce and waive the first reading of the attached ordinance amending City Code Section 4-90.020 (Tobacco Retailer Definitions) to extend current prohibitions of the sale of flavored tobacco products to include menthol products, and direct staff to place the ordinance on the Consent Calendar of the next regular meeting of the City Council for adoption. Crystal Bothelio, Assistant City Manager, presented the staff report. Mayor Walia invited public comment on the item. The following individuals spoke at this time: Carol Baker, Vanessa Marvin, Jaime Rojas, Lori Bremner. BERNALD/KUMAR MOVED TO WAIVE THE FIRST READING OF THE ORDINANCE AMENDING CITY CODE SECTION 4-90.020 (TOBACCO RETAILER DEFINITIONS) TO EXTEND CURRENT PROHIBITIONS OF THE SALE OF FLAVORED TOBACCO PRODUCTS TO INCLUDE MENTHOL PRODUCTS, AND DIRECTED STAFF TO PLACE THE ORDINANCE ON THE CONSENT CALENDAR OF THE NEXT REGULAR MEETING OF THE CITY COUNCIL FOR ADOPTION.MOTION PASSED BY VERBAL ROLL CALL. AYES: BERNALD, KUMAR, ZHAO, FITZSIMMONS, WALIA: NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 3.GENERAL BUSINESS 3.1. Saratoga Ministerial Association Event for Martin Luther King Jr. Day 2022 Funding Request Recommended Action: Consider the funding request of $2,190 from the Saratoga Ministerial Association to support an event they plan to host in 2022 for Martin Luther King Jr. Day. Kayla Nakamoto, Administrative Analyst, presented the staff report. Mayor Walia invited public comment on the item. The following individuals spoke at this time: Erik Swanson ZHAO/FITZSIMMONS MOVED TO GRANT THE FUNDING REQUEST OF $2,190 FROM THE SARATOGA MINISTERIAL ASSOCIATION TO SUPPORT AN EVENT THEY PLAN TO HOST IN 2022 FOR MARTIN LUTHER KING JR. DAY. MOTION PASSED BY VERBAL ROLL CALL. AYES: BERNALD, KUMAR, ZHAO, FITZSIMMONS, WALIA: NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. Saratoga City Council Minutes ~ December 15, 2021 ~ Page 7 of 8 3.2. Suicide Prevention Policy Recommended Action: Approve the attached resolution establishing a Suicide Prevention Policy. Crystal Bothelio, Assistant City Manager, presented the staff report. Mayor Walia invited public comment on the item. The following individuals spoke at this time: Erika Swanson, ‘Zoom user’ RESOLUTION 21-083 ZHAO/BERNALD MOVED TO APPROVE THE RESOLUTION ESTABLISHING A SUICIDE PREVENTION POLICY. MOTION PASSED BY VERBAL ROLL CALL. AYES: BERNALD, KUMAR, ZHAO, FITZSIMMONS, WALIA: NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 3.3. Adoption of City Council Assignments Recommended Action: Adopt the Resolution establishing City Council assignments for calendar year 2022. Britt Avrit, City Clerk, presented the staff report. Mayor Walia invited public comment on the item. No one requested to speak. Mayor Walia stated Council Member Bernald has scheduling conflicts associated with the Ministerial Association and KSAR meetings and requested that other Council Members take those assignments. Mayor Walia stated she will attend the KSAR meetings and Council Member Zhao stated she would attend the Ministerial Association meetings. RESOLUTION 21-084 WALIA/ZHAO MOVED TO ADOPT THE RESOLUTION ESTABLISHING CITY COUNCIL ASSIGNMENTS FOR CALENDAR YEAR 2022 AS AMENDED.MOTION PASSED BY VERBAL ROLL CALL. AYES: BERNALD, KUMAR, ZHAO, FITZSIMMONS, WALIA: NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. COUNCIL ASSIGNMENTS Council Member Mary-Lynne Bernald Nothing to report. Council Member Rishi Kumar Nothing to report. Saratoga City Council Minutes ~ December 15, 2021 ~ Page 8 of 8 Council Member Zhao VTA State Route 85 Corridor Policy Advisory Board –stated the Board received various reports including theFirst Quarter Trend in Operations Performance Report, approved the PAC work plan, and discussed an event involving a member of the public that occurred during the PAC meeting. West Valley Sanitation District –stated this was a routine meeting with nothing to report. Vice Mayor Kookie Fitzsimmons Chamber of Commerce – stated the parklets have been approved by Caltrans to remain through 2022. Hakone Foundation Board – stated this meeting will be held December 16, 2022. Mayor Tina Walia Silicon Valley Clean Energy Authority Board of Directors –stated the agency is exceeding clean energy state requirements and continues to explore ways to meet state greenhouse gas reduction goals in an affordable and reliable manner. CITY COUNCIL ITEMS None COUNCIL COMMUNICATIONS None CITY MANAGER'S REPORT None ADJOURNMENT BERNALD/FITZSIMMONS MOVED TO ADJOURN THE MEETING AT 9:10 P.M. MOTION PASSED BY VERBAL ROLL CALL. AYES: BERNALD, KUMAR, ZHAO, FITZSIMMONS, WALIA: NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. Minutes respectfully submitted: Britt Avrit, MMC, City Clerk City of Saratoga