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Home My WebLink About11-16-2022 City Council Special MeetingSaratoga City Council Minutes ~ November 16, 2022 ~ Page 1 of 6 MINUTES WEDNESDAY, NOVEMBER 16, 2022 SARATOGA CITY COUNCIL REGULAR MEETING At 6:00 p.m., the City Council held a Joint Session with Saratoga Ministerial Association and KSAR Community Access TV Board. Joint Session with Saratoga Ministerial Association and KSAR Community Access TV Board Recommended Action: Receive updates from Saratoga Ministerial Association and KSAR Community Access TV Board Mayor Walia called the Regular Session to order at 7:00 p.m. The City Clerk explained the City Council meeting was conducted pursuant to State law as amended by Assembly Bill 361, which allows the meeting to be conducted by teleconference. The City Council has met all the applicable notice requirements and the public is welcome to participate in person or 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, Yan Zhao ABSENT: Council Member Rishi Kumar ALSO PRESENT: James Lindsay, City Manager Crystal Bothelio Assistant City Manager Richard Taylor, City Attorney Britt Avrit, City Clerk John Cherbone, Public Works Director Nick Pegueros, Administrative Services Director Debbie Pedro, Community Development Director Keith Weiner, Building Official Nicole Johnson, Senior Planner Mainini Cabute, Environmental Programs Manager REPORT FROM JOINT SESSION Mayor Walia provided a report of the City Council Joint Session with Saratoga Ministerial Association and KSAR Community Access TV Board. REPORT ON POSTING OF THE AGENDA The City Clerk reported the agenda for this meeting was properly posted on November 9, 2022. Saratoga City Council Minutes ~ November 16, 2022 ~ Page 2 of 6 ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS Mayor Walia invited public comment. The following individuals spoke at this time: A resident discussed work being done to the landscaping near his home. Bob Shepherd discussed parklets. ANNOUNCEMENTS Mayor Walia shared information about the Thanksgiving Day Annual Interfaith Service, the Annual Holiday Tree Lighting and Wine Stroll, the Neighborhood Watch Lead Get Together, Beauchamps Park new play equipment and Celebration of Light. CEREMONIAL ITEMS Commendation for Captain Rich Urena Recommended Action: Commend Captain Rich Urena for his service as West Valley Patrol Division Commander. The City Council commended Captain Rich Urena for his service to the Saratoga community as West Valley Patrol Division Commander. 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 November 2, 2022 City Council Regular Meeting. FITZSIMMONS/BERNALD MOVED TO APPROVE THE MINUTES FOR THE NOVEMBER 2, 2022 CITY COUNCIL REGULAR MEETING. MOTION PASSED BY VERBAL ROLL CALL. AYES: BERNALD, ZHAO, FITZSIMMONS, WALIA. NOES: NONE. ABSTAIN: NONE. RECUSED: 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: 10/26/22 Period 4; 11/3/22 Period 5. FITZSIMMONS/BERNALD MOVED TO REVIEW AND ACCEPT CHECK REGISTERS FOR THE FOLLOWING ACCOUNTS PAYABLE PAYMENT CYCLES: 10/26/22 PERIOD 4; 11/3/22 PERIOD 5. MOTION PASSED BY VERBAL ROLL CALL. AYES: BERNALD, ZHAO, FITZSIMMONS, WALIA. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: KUMAR. Saratoga City Council Minutes ~ November 16, 2022 ~ Page 3 of 6 1.3. Reconsider and confirm findings pursuant to Assembly Bill 361 Recommended Action: Reconsider and confirm findings pursuant to Assembly Bill 361 of the continued public health officials’ recommendation to social distance and to therefore continue providing members of City of Saratoga Brown Act bodies with the option to attend meetings by teleconference. FITZSIMMONS/BERNALD MOVED TO RECONSIDER AND CONFIRM FINDINGS PURSUANT TO ASSEMBLY BILL 361 OF THE CONTINUED PUBLIC HEALTH OFFICIALS’ RECOMMENDATION TO SOCIAL DISTANCE AND TO THEREFORE CONTINUE PROVIDING MEMBERS OF CITY OF SARATOGA BROWN ACT BODIES WITH THE OPTION TO ATTEND MEETINGS BY TELECONFERENCE. MOTION PASSED BY VERBAL ROLL CALL. AYES: BERNALD, ZHAO, FITZSIMMONS, WALIA. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: KUMAR. 1.4. One-Year Extension of Contract for Permitting and CEQA Support Services with Environmental Science Associates Recommended Action: Approve a contract amendment to extend the Permitting and CEQA Support Services contract with Environmental Science Associates (ESA) for an additional one-year term through to 12/31/2023. FITZSIMMONS/BERNALD MOVED TO APPROVE A CONTRACT AMENDMENT TO EXTEND THE PERMITTING AND CEQA SUPPORT SERVICES CONTRACT WITH ENVIRONMENTAL SCIENCE ASSOCIATES (ESA) FOR AN ADDITIONAL ONE-YEAR TERM THROUGH TO 12/31/2023. MOTION PASSED BY VERBAL ROLL CALL. AYES: BERNALD, ZHAO, FITZSIMMONS, WALIA. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: KUMAR. 2. PUBLIC HEARINGS 2.1. Commercial and Recreational Vehicle Parking Restriction Ordinance Recommended Actions: 1. Conduct a public hearing. 2. Introduce and waive the first reading of the ordinance amending Chapter 9 (Motor Vehicles and Traffic) of the Saratoga Municipal Code and finding the amendment to be exempt from environmental review under the California Environmental Quality Act (CEQA); and 3. Direct staff to place the ordinance on the Consent Calendar for adoption on December 7, 2022. Debbie Pedro, Community Development Director presented the staff report. Mayor Walia invited public comment. No one requested to speak. Saratoga City Council Minutes ~ November 16, 2022 ~ Page 4 of 6 BERNALD/ZHAO MOVED TO INTRODUCE AND WAIVE THE FIRST READING OF THE ORDINANCE AMENDING CHAPTER 9 (MOTOR VEHICLES AND TRAFFIC) OF THE SARATOGA MUNICIPAL CODE AND FINDING THE AMENDMENT TO BE EXEMPT FROM ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND DIRECT STAFF TO PLACE THE ORDINANCE ON THE CONSENT CALENDAR FOR ADOPTION ON DECEMBER 7, 2022. MOTION PASSED BY VERBAL ROLL CALL. AYES: BERNALD, ZHAO, FITZSIMMONS, WALIA. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: KUMAR. 2.2. Update to Heritage Preservation Ordinance Recommended Actions: 1. Conduct a public hearing 2. Introduce and waive the first reading of the attached ordinance amending the City Code and finding the amendment to be exempt from environmental review under the California Environmental Quality Act (CEQA); and 3. Direct staff to place the ordinance on the consent calendar for adoption on December 7, 2022. Vice Mayor Fitzsimmons stated she needs to recuse herself from this item because she lives on one of the City’s Heritage Lanes and left the Council Chambers at this time. Nicole Johnson, Senior Planner presented the staff report. Priya Shastri, Chair of the Heritage Preservation Commission provided comments on the proposed recommendation. Mayor Walia invited public comment. The following individuals spoke at this time: Rina Shah BERNALD/ZHAO MOVED TO INTRODUCE AND WAIVE THE FIRST READING OF THE ORDINANCE AMENDING THE CITY CODE AND FINDING THE AMENDMENT TO BE EXEMPT FROM ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND DIRECT STAFF TO PLACE THE ORDINANCE ON THE CONSENT CALENDAR FOR ADOPTION ON DECEMBER 7, 2022. MOTION PASSED BY VERBAL ROLL CALL. AYES: BERNALD, ZHAO, WALIA. NOES: NONE. ABSTAIN: NONE. RECUSED: FITZSIMMONS. ABSENT: KUMAR. 3. GENERAL BUSINESS 3.1. Annual Review --Saratoga Climate Action Plan 2030 Recommended Action: Accept report on the Annual Review of the City’s Climate Action Plan 2030. Mainini Cabute, Environmental Programs Manager presented the staff report. Mayor Walia invited public comment. Saratoga City Council Minutes ~ November 16, 2022 ~ Page 5 of 6 No one requested to speak. WALIA/BERNALD MOVED TO ACCEPT REPORT ON THE ANNUAL REVIEW OF THE CITY’S CLIMATE ACTION PLAN 2030. MOTION PASSED BY VERBAL ROLL CALL. AYES: BERNALD, ZHAO, FITZSIMMONS, WALIA. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: KUMAR. 3.2. Response to 2022 Civil Grand Jury of Santa Clara County Report “If You Only Read the Ballot, You’re Being Duped” Recommended Action: Approve the draft response to the 2022 Civil Grand Jury of Santa Clara County Report “If You Only Read the Ballot, You’re Being Duped.” Crystal Bothelio, Assistant City Manager presented the staff report. Mayor Walia invited public comment. The following individuals spoke at this time: Chuck Page ZHAO/FITZSIMMONS MOVED TO APPROVE THE DRAFT RESPONSE TO THE 2022 CIVIL GRAND JURY OF SANTA CLARA COUNTY REPORT “IF YOU ONLY READ THE BALLOT, YOU’RE BEING DUPED.” MOTION PASSED BY VERBAL ROLL CALL. AYES: BERNALD, ZHAO, FITZSIMMONS, WALIA. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: KUMAR. 3.3. Adoption of the 2022 California Building Standards Code with Local Modifications Recommended Actions: 1. Introduce and waive the first reading of the attached ordinance adopting and modifying the referenced codes and finding the amendments to be exempt from environmental review under the California Environmental Quality Act (CEQA); and 2. Direct staff to place the ordinance and the attached resolution making findings regarding proposed modifications to the referenced codes on the consent calendar for adoption on December 7, 2022. Keith Weiner, Building Official presented the staff report. Mayor Walia invited public comment. The following individuals spoke at this time: Chuck Page FITZSIMMONS/BERNALD MOVED TO INTRODUCE AND WAIVE THE FIRST READING OF THE ORDINANCE ADOPTING AND MODIFYING THE REFERENCED CODES AND FINDING THE AMENDMENTS TO BE EXEMPT FROM ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND DIRECT STAFF TO PLACE THE ORDINANCE AND THE ATTACHED RESOLUTION MAKING FINDINGS REGARDING PROPOSED MODIFICATIONS TO THE REFERENCED CODES ON THE CONSENT CALENDAR FOR ADOPTION ON DECEMBER 7, 2022. MOTION PASSED BY VERBAL ROLL CALL. AYES: BERNALD, ZHAO, FITZSIMMONS, WALIA. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: KUMAR. Saratoga City Council Minutes ~ November 16, 2022 ~ Page 6 of 6 COUNCIL ASSIGNMENTS Mayor Tina Walia Silicon Valley Clean Energy Authority Board of Directors – stated the Board discussed the annual High School Competition Scholarship, Regional Energy Resilience Projects, the Power Prepay Program, funding for Member Agency Fleet Electrification and 2022 New Construction Reach Codes. Cities Association of Santa Clara County (CASCC) – stated the Association elected the 2023 CASCC Executive Committee: Mountain View Council Member Margaret Abe-Koga - President, Los Altos Council Member Neysa Fligor - First Vice President, Morgan Hill Mayor Rich Constantine - Second Vice President, Sunnyvale Mayor Larry Klein - Secretary/Treasurer and Saratoga Mayor Tina Walia - Member-at-Large; and a workshop by Kevin Duggan, Working Effectively with your Elected Colleagues, the Manager and Staff was provided. West Valley Mayors & Managers Association – stated Supervisor Joe Simitian provided resources for Mental Healthcare in the West Valley cities and the Mayors elected the VTA Board Member - Campbell City Council Member Sergio Lopez and Alternate - Los Gatos Mayor Rob Rennie. Vice Mayor Kookie Fitzsimmons Saratoga Chamber of Commerce Board – stated the Board discussed the upcoming removal of the parklets and stated the Chamber will be exploring alternatives for parklet implementation in the future. Council Member Mary-Lynne Bernald Nothing to report Council Member Yan Zhao Nothing to report CITY COUNCIL ITEMS Vice Mayor Fitzsimmons, with support from Mayor Walia, requested the City Council consider an item at the December 7, 2022 City Council meeting regarding parklets in the Village. COUNCIL COMMUNICATIONS None. CITY MANAGER'S REPORT None. CITY ATTORNEY'S REPORT None ADJOURNMENT FITZSIMMONS/BERNALD MOVED TO ADJOURN THE MEETING AT 8:52 P.M. MOTION PASSED BY VERBAL ROLL CALL. AYES: BERNALD, ZHAO, FITZSIMMONS, WALIA: NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: KUMAR. Minutes respectfully submitted: Britt Avrit, City Clerk City of Saratoga