HomeMy WebLinkAbout12-18-2019 City Council MinutesMINUTES
WEDNESDAY, DECEMBER 18, 2019
SARATOGA CITY COUNCIL REGULAR MEETING
At 5:45 p.m., the City Council held Commission Interviews in the Linda Callon Conference Room
at 13777 Fruitvale Avenue in Saratoga.
At 6:00 p.m., the City Council held a Study Session in the Linda Callon Conference Room at
13777 Fruitvale Avenue in Saratoga.
Mayor Miller called the Regular Session to order in the Civic Theater, Council Chambers at
13777 Fruitvale Avenue in Saratoga at 7:00 p.m. and led the Pledge of Allegiance.
ROLL CALL
PRESENT: Mayor Howard A. Miller, Vice Mayor Mary -Lynne Bernald,
Council Members Manny Cappello, Yan Zhao, Rishi Kumar.
ABSENT: None
ALSO PRESENT: James Lindsay, City Manager
Richard Taylor, City Attorney
Crystal Bothelio, Assistant City Manager
Debbie Bretschneider, City Clerk
John Cherbone, Public Works Director
Debbie Pedro, Community Development Director
Mary Fury, Administrative Services Director
Lauren Pettipiece, Public Information Officer
Kayla Nakamoto, Community Engagement Coordinator
Nicole Johnson, Planner 11
Dennis Jaw, Finance Manager
REPORT ON POSTING OF THE AGENDA
City Clerk Debbie Bretschneider reported that the agenda for this meeting was properly posted
on December 12, 2019.
REPORT FROM STUDY SESSION
Mayor Miller announced that the City Council held a Study Session on Council Goals for 2020.
ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS
Dory Albert spoke about the Gardner Park neighborhood watch and crime.
Henry Coles spoke about speeding in Saratoga and speed calming.
Saratoga City Council Minutes — December 18, 2019 — Page 1 of 9
ANNOUNCEMENTS
Mayor Miller announced that Saratoga City Hall is closed December 23 through January 1, that
the renovation of the Community Development Lobby has moved the permit counter to the
Warner Hutton House, VTA new service plan starting in 2020, Let's Work Volunteer Day, Paint
the City 2020, and Commission recruitments.
CEREMONIAL ITEMS
Appointment of Traffic Safety Commissioner & Oath of Office
Recommended Action:
Approve the resolution appointing three new members to the Traffic Safety Commission;
and direct the City Clerk to administer the Oath of Office.
RESOLUTION 19-064
BERNALD/ZHAO MOVED TO APPROVE THE RESOLUTION APPOINTING
THREE NEW MEMBERS TO THE TRAFFIC SAFETY COMMISSION: AND
DIRECT THE CITY CLERK TO ADMINISTER THE OATH OF OFFICE. MOTION
PASSED. AYES: MILLER, BERNALD, ZHAO, CAPPELLO, KUMAR. NOES: NONE.
ABSTAIN: NONE. ABSENT: NONE.
Commendation for Outgoing Heritage Preservation Commissioner Marilyn Marchetti
Recommended Action:
Present the commendation to Marilyn Marchetti, recognizing her service on the Heritage
Preservation Commission.
Mayor Miller and the City Council presented the commendation to Marilyn Marchetti.
Commendation for Elva Maciel-Harris
Recommended Action:
Present the commendation to Elva Maciel-Harris
Mayor Miller and the City Council presented the commendation to Elva Maciel-Harris.
Commendation Recognizing the 40th Anniversary of Saratoga Area Senior Coordinating
Council
Recommended Action:
Present the commendation recognizing the 40th anniversary of the Saratoga Area Senior
Coordinating Council (SASCC).
Mayor Miller and the City Council presented the commendation to the Saratoga Area Senior
Coordinating Council (SASCC).
Saratoga City Council Minutes — December 18, 2019 — Page 2 of 9
Commendation Recognizing the 30th Anniversary of the Saratoga Amateur Radio
Association
Recommended Action:
Present the commendation recognizing the 30th anniversary of the Saratoga Amateur Radio
Association (SARA).
Mayor. Miller and the City Council presented the commendation to the Saratoga Amateur
Radio Association (SARA).
1. CONSENT CALENDAR
1.1. City Council Meeting Minutes
Recommended Action:
Approve the City Council minutes for the Regular City Council Meeting on December 4,
2019.
CAPPELLO/BERNALD MOVED TO APPROVE THE CITY COUNCIL MINUTES
FOR THE REGULAR CITY COUNCIL MEETING DECEMBER 4, 2019. MOTION
PASSED. AYES: MILLER, BERNALD, ZHAO, CAPPELLO, 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:
12/3/2019 Period 6; 12/10/2019 Period 6.
CAPPELLO/BERNALD MOVED TO ACCEPT CHECK REGISTERS FOR THE
FOLLOWING ACCOUNTS PAYABLE PAYMENT CYCLES: 12/3/2019 PERIOD 6;
12/10/2019 PERIOD 6. MOTION PASSED. AYES: MILLER, BERNALD, ZHAO,
CAPPELLO, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.
1.3. Annual Audit Reports
Recommended Action:
Review and accept the following annual audit reports for Fiscal Year 2018/19;
A. Comprehensive Annual Financial Report (CAFR)
B. Transportation Development Act Audit Report (MTC Grants)
C. Single Audit Report
D. Appropriation Limit Report (Gann, Fiscal Year 2019/20)
E. SAS 114 Report
F. SAS 112 Report
G. State Controller's Office Financial Transaction Report Summary
CAPPELLO/BERNALD MOVED TO ACCEPT THE ANNUAL AUDIT REPORTS
FOR FISCAL YEAR 2018/19: INCLUDING COMPREHENSIVE ANNUAL
FINANCIAL REPORT (CAFR), TRANSPORTATION DEVELOPMENT ACT
AUDIT. REPORT (MTC GRANTS), SINGLE AUDIT REPORT, APPROPRIATION
Saratoga City Council Minutes — December 18, 2019 — Page 3 of 9
LIMIT REPORT (GANN, FISCAL YEAR 2019/20), SAS 114 REPORT, SAS 112
REPORT, AND STATE CONTROLLER'S OFFICE FINANCIAL TRANSACTION
REPORT SUMMARY. MOTION PASSED. AYES: MILLER, BERNALD, ZHAO,
CAPPELLO, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.
Mayor Miller spoke on this item.
1.4. AB 1600 Development Impact Fee Report
Recommended Action:
Review and accept the annual AB 1600 Development Impact Fee report for the year ended
June 30, 2019.
CAPPELLO/BERNALD MOVED TO ACCEPT THE ANNUAL AB1600
DEVELOPMENT IMPACT FEE REPORT FOR THE YEAR ENDED JUNE 30,
2019. MOTION PASSED. AYES: MILLER, BERNALD, ZHAO, CAPPELLO, KUMAR.
NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.
1.5. Annual SB 165 Report
Recommended Action:
City Council to receive and file the (first) annual report on the Arrowhead Community
Facility District (CFD) bond debt, in compliance with the Local Agency Special Tax and
Bond Accountability Act.
CAPPELLO/BERNALD MOVED TO RECEIVE AND FILE THE (FIRST) ANNUAL
REPORT ON THE ARROWHEAD COMMUNITY FACILITY DISTRICT (CFD)
BOND DEBT, IN COMPLIANCE WITH THE LOCAL AGENCY SPECIAL TAX
AND BOND ACCOUNTABILITY ACT. MOTION PASSED. AYES: MILLER,
BERNALD, ZHAO, CAPPELLO, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT:
NONE.
1.6. Commission Qualifications and Terms Expiring in 2020
Recommended Action:
Accept the list of Commission qualifications and terms expiring in the 2020 calendar year.
CAPPELLO/BERNALD MOVED TO ACCEPT THE LIST OF COMMISSION
QUALIFICATIONS AND TERMS EXPIRING IN THE 2020 CALENDAR YEAR.
MOTION PASSED. AYES: MILLER, BERNALD, ZHAO, CAPPELLO, KUMAR. NOES:
NONE. ABSTAIN: NONE. ABSENT: NONE.
1.7. Acceptance of SB 2 Grant Award and Budget Adjustment.
Recommended Action:
1. Accept the SB 2 Grant Award and approve the attached resolution for contract
expenditure revisions and budget adjustments to the FY 2019/20 Operating & Capital
Budgets; and
2. Authorize the City Manager to execute the Standard Agreement for fund distribution.
Saratoga City Council Minutes — December 18, 2019 — Page 4 of 9
RESOLUTION 19-065
CAPPELLO/BERNALD MOVED TO ACCEPT THE SB 2 GRANT AWARD AND
APPROVE THE RESOLUTION FOR CONTRACT EXPENDITURE REVISIONS
AND BUDGET ADJUSTMENTS TO THE FY 2019/20 OPERATING & CAPITAL
BUDGETS; AND TO AUTHORIZE THE CITY MANAGER TO EXECUTE THE
STANDARD AGREEMENT FOR FUND DISTRIBUTION. MOTION PASSED.
AYES: MILLER, BERNALD, ZHAO, CAPPELLO, KUMAR. NOES: NONE. ABSTAIN:
NONE. ABSENT: NONE.
2. PUBLIC HEARING
None
3. GENERAL BUSINESS
3.1. Heritage Resource Inventory and Heritage Lanes
Recommended Action:
Staff recommends that the City Council receive the report and provide direction to staff.
Nicole Johnson, Planner II, provided the staff report.
Alexandra Nugent, Chair of Heritage Preservation Commission, provided comments.
Mayor Miller invited public comment on this item.
Marilyn Marchetti, former Heritage Preservation Commissioner, spoke.
No one else requested to speak.
BERNALD/CAPPELLO MOVED TO.DIRECT STAFF TO PREPARE AN
ORDINANCE WITH THESE ITEMS: A) REQUIRE PROPERTY OWNER
CONSENT BEFORE ADDING THEIR PROPERTY TO THE SARATOGA
HERITAGE RESOURCE INVENTORY, B) CLARIFY THAT THE HERITAGE
LANE DESIGNATION APPLIES ONLY IN THE PUBLIC -RIGHT -OF- WAY AND
INCLUDE A DEFINITION OF PUBLIC -RIGHT-OF-WAY FOR CLARITY IN
ADMINISTERING THE ORDINANCE, C) ENSURE THAT THE HERITAGE
PRESERVATION COMMISSION IS INCLUDED IN REVIEW PROCESS OF
PLANNING APPLICATIONS WHEN STAFF DEEMS THE PROPERTY OF
HISTORIC INTEREST; AND REQUESTS THESE WORKPLAN ITEMS: A) TO
ASK THE HERITAGE PRESERVATION COMMISSION TO REACH OUT TO
HERITAGE LANE PROPERTIES TO SEE IF THEY WANT TO BE ON THE
HERITAGE INVENTORY LIST, AND B) TO INCLUDE HERITAGE LIST
INFORMATION IN THE COMMUNITY OUTREACH PROGRAM. MOTION
PASSED. AYES: MILLER, BERNALD, ZHAO, CAPPELLO, KUMAR. NOES: NONE.
ABSTAIN: NONE. ABSENT: NONE
Saratoga City Council Minutes — December 18, 2019 — Page 5 of 9
3.2. Community Event and Street Closure Grant Program
Recommended Action:
Provide direction on the following items for the Fiscal Year 2020/21 Community Event and
Street Closure Grant Program:
1. Community Event Grant Program Secured Funding Recipients and Allocations
2. Community Event Grant Program Competitive Application. Process Total Funding
3. Street Closure Grant Program Total Funding
Kayla Nakamoto, Community Engagement Coordinator, provided the staff report.
Crystal Bothelio, Assistant City Manager, answered questions.
Mayor Miller invited public comment on this item.
Lisa Oakley spoke
No one else requested to speak.
CAPPELLO/ZHAO MOVED TO: 1) ALLOCATE A TOTAL OF $41,000 FOR
COMMUNITY EVENT GRANT PROGRAM SECURED FUNDING AND PROVIDE
THE CHAMBER OF COMMERCE CLASSIC CAR SHOW WITH A SECURED
FUNDING ALLOCATION OF $10,000 IN FISCAL YEAR 2020/21; 2) ALLOCATE
$10,000 FOR THE COMMUNITY EVENT GRANT PROGRAM COMPETITIVE
APPLICATION PROCESS IN FISCAL YEAR 2020/21; AND, 3) ALLOCATE
$35,000 FOR THE STREET CLOSURE GRANT PROGRAM IN FISCAL YEAR
2020/21, INCLUDING $22,000 IN SECURED STREET CLOSURE GRANT FUNDS
FOR THE CHAMBER OF COMMERCE CLASSIC CAR SHOW: AND TO MAKE
NO CHANGES TO THE COMMUNITY EVENT GRANT PROGRAM POLICY.
MOTION PASSED. AYES: MILLER, BERNALD, ZHAO, CAPPELLO, KUMAR. NOES:
NONE. ABSTAIN: NONE. ABSENT: NONE.
3.3. Ban on Sales of Electronic Cigarette & Vaping Devices
Recommended Action:
Receive report and direct staff accordingly.
Crystal Bothelio, Assistant City Manager, provided the staff report.
Mayor Miller invited public comment on this item.
Don Chan spoke.
No one else requested to speak.
BERNALD/CAPPELLO MOVED TO DIRECT STAFF TO PREPARE AN
ORDINANCE FOR CITY COUNCIL CONSIDERATION THAT WOULD AMEND
TOBACCO RETAILER LICENSING REQUIREMENTS TO BAN THE SALE OF E-
Saratoga City Council Minutes — December 18, 2019 — Page 6 of 9
CIGARETTES AND VAPING PRODUCTS IN THE CITY OF SARATOGA AND
AUTHORIZED STAFF TO SUBMIT A HEALTHY CITIES PROGRAM —
TOBACCO -FREE COMMUNITIES FUNDING PROGRAM GRANT
APPLICATION FOR ASSOCIATED COSTS. MOTION PASSED. AYES: MILLER,
BERNALD, ZHAO, CAPPELLO, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT:
NONE.
3.4. Adoption of City Council Assignments
Recommended Action:
Approve the resolution adopting the 2020 City Council assignments.
Debbie Bretschneider, City Clerk, provided the staff report.
Mayor Miller invited public comment on this item.
No one requested to speak.
RESOLUTION 19-066
CAPPELLO/ZHAO MOVED TO APPROVE THE RESOLUTION ADOPTING THE
2020 CITY COUNCIL ASSIGNMENTS. MOTION PASSED. AYES: MILLER,
BERNALD, ZHAO, CAPPELLO, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT:
NONE.
3.5. Amendment to City Manager Employment Agreement and Compensation and
Benefits .
Recommended Action:
Approve amended employment agreement for the City Manager.
Richard Taylor, City Attorney, provided the staff report.
Mayor Miller invited public comment on this item.
No one requested to speak.
RESOLUTION 19-067
CAPPELLO/BERNALD MOVED TO APPROVE AMENDED EMPLOYMENT
AGREEMENT FOR THE CITY MANAGER. MOTION PASSED. AYES: MILLER,
BERNALD, ZHAO, CAPPELLO, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT:
NONE.
Saratoga City Council Minutes — December 18, 2019 — Page 7 of 9
COUNCIL ASSIGNMENTS
Mayor Howard Miller
Silicon Valley Clean Energy Authority Board of Directors — the Board is pondering their position
on the PG&E bankruptcy.
Valley Transportation Authority Board— the VTA Board has new leadership, also received
reports that BART has delayed for openings in San Jose, and on the New Next Network.
Vice Mayor Mary -Lynne Bernald
Santa Clara/Santa Cruz Airport/Community Roundtable — the Board is meeting tomorrow and
will be working on a strategic plan
Council Member Yan Zhao
Saratoga Chamber of Commerce & Destination Saratoga — the Chamber's Gala has moved to
March 2020.
Council Member Manny Cappello
Cities Association of Santa Clara County Board of Directors — the Cities Association held their
holiday event at Saratoga Foothill Club.
Saratoga Area Senior Coordinating Council (SASCC) — SASCC held a 40th anniversary event.
West Valley Sanitation District — the meeting was last week and there is nothing to report.
Council Member Rishi Kumar
No meetings.
CITY COUNCIL ITEMS
Council Member Cappello had previously nominated a CIP project to add acoustic tiles to the
Senior Center. After some preliminary research, it has been discovered that this project may not
need a CIP project. The request is for a staff report on the costs involved and to request other
funding. Mayor Miller supports the request.
Mayor Miller, with support from Council Member Cappello, asked staff to give a report on the
California minimum wage law and what other Cities have passed.
Mayor Miller asked for the Traffic Safety Commission to look at Saratoga's road classifications.
City Manager Lindsay responded that the Traffic Safety Commission is discussing this subject at
their January 2020 meeting.
Mayor Miller rescinded his request.
COUNCIL COMMUNICATIONS
None
Saratoga City Council Minutes — December 18, 2019 — Page 8 of 9
CITY MANAGER'S REPORT
City Manager Lindsay thanked the Council.
ADJOURNMENT
BERNALD/CAPPELLO MOVED TO ADJOURN THE MEETING AT 9:47 P.M. MOTION
PASSED. AYES: MILLER, BERNALD, ZHAO, CAPPELLO, KUMAR. NOES: NONE.
ABSTAIN: NONE. ABSENT: NONE.
Ninut,es rSspnectfally submitted:
ie retschneider, City C er
City of Saratoga
Saratoga City Council Minutes — December 18, 2019 — Page 9 of 9