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HomeMy WebLinkAbout05-20-2020 City Council_minutesSaratoga City Council Minutes ~ May 20, 2020 ~ Page 1 of 10 MINUTES WEDNESDAY, MAY 20, 2020 SARATOGA CITY COUNCIL REGULAR MEETING At 5:00 p.m., the City Council held a virtual Closed Session via teleconferencing through Zoom. Mayor Miller invited public comment on the item. The following people requested to speak: Glenda Aune No one else requested to speak. At 6:25 p.m., Mayor Miller reported on Closed Session, announcing that there was nothing to report. At 6:30 p.m., the City Council held a virtual Commission Interviews via teleconferencing through Zoom. Mayor Miller called the virtual Regular Session to order at 7:02 p.m. via teleconferencing through Zoom. Prior to Roll Call, the Mayor and City Clerk explained that the City Council meeting was conducted pursuant to provisions of the Brown Act and a recent Executive Order issued by the Governor to facilitate teleconferencing to reduce the risk of COVID-19 transmission at public meetings. Ordinarily the Brown Act sets strict rules for teleconferencing. The Governor’s Executive Order has suspended those rules. The Executive Order does require that public agencies continue to notice meetings in advance and provide members of the public an opportunity to observe the meeting and offer public comment. The City Council met all of the applicable notice requirements and the public is welcome to participate in this meeting. Information on how the public can observe the meeting and provide public comment was also shared. Additionally, the Mayor explained that votes would be taken through roll call. ROLL CALL PRESENT: Mayor Howard A. Miller, Vice Mayor Mary-Lynne Bernald, Council Members Manny Cappello, Yan Zhao, Rishi Kumar (All Council Members appearing via teleconference) ABSENT: None ALSO PRESENT: James Lindsay, City Manager Richard Taylor, City Attorney Crystal Bothelio, Assistant City Manager Debbie Bretschneider, City Clerk Mary Fury, Administrative Services Director Debbie Pedro, Community Development Director (All staff members appearing via teleconference) Saratoga City Council Minutes ~ May 20, 2020 ~ Page 2 of 10 City Clerk Debbie Bretschneider confirmed all City Council members could hear the meeting proceedings and no doubts were expressed regarding the identities of the individuals representing themselves as City Council Members. REPORT ON POSTING OF THE AGENDA City Clerk Debbie Bretschneider reported that the agenda for this meeting was properly posted on May 15, 2020. REPORT FROM CLOSED SESSION Mayor Miller announced that there is no report from Closed Session. Mayor Miller requested that the City Council consider reordering the agenda by moving Oral Communications on Non-Agendized Items, Announcements, and the Consent Calendar after General Business and Public Hearing items. BERNALD/ZHAO MOVED TO REORDER COUNCIL AGENDA BY MOVING ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS, ANNOUNCEMENTS, AND CONSENT CALENDAR AFTER GENERAL BUSINESS AND PUBLIC HEARING ITEMS. MOTION PASSED BY VERBAL ROLL CALL. AYES: MILLER, BERNALD, ZHAO, CAPPELLO, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. CEREMONIAL ITEMS Proclamation Declaring May 2020 as National Foster Care Month Recommended Action: Proclaim May 2020 as National Foster Care Month in the City of Saratoga. Mayor Miller and the City Council proclaimed May 2020 as National Foster Care Month in the City of Saratoga. 2. GENERAL BUSINESS 2.1. Consider Postponing Mountain Winery Annexation Public Hearing on May 20, 2020 Recommended Action: Consider postponing the Mountain Winery Annexation public hearing scheduled for the May 20, 2020 City Council meeting and provide direction to staff. Debbie Bretschneider, City Clerk, presented the staff report. BERNALD/ZHAO MOVED TO ALLOCATE TWO MINUTES PER PUBLIC SPEAKER AND CAP THE PUBLIC COMMENT PERIOD AT 100 MINUTES. MOTION PASSED BY VERBAL ROLL CALL. AYES: MILLER, BERNALD, ZHAO, CAPPELLO. NOES: KUMAR. ABSTAIN: NONE. ABSENT: NONE. After Council discussion another motion was brought forward. Saratoga City Council Minutes ~ May 20, 2020 ~ Page 3 of 10 BERNALD/ZHAO MOVED TO ALLOCATE ONE MINUTE PER PUBLIC SPEAKER. MOTION PASSED BY VERBAL ROLL CALL. AYES: MILLER, BERNALD, ZHAO, CAPPELLO. NOES: KUMAR. ABSTAIN: NONE. ABSENT: NONE. Mayor Miller invited public comment on the item. The following people requested to speak: Jeffrey Schwartz spoke in favor of postponing the public hearing Martin Rossip spoke in opposition to postponing the public hearing Arthur F. Coon spoke in favor of postponing the public hearing Ge Deng spoke in favor of postponing the public hearing Jim Cargill spoke in opposition to postponing the public hearing Devyani Kamdar spoke in opposition to postponing the public hearing David Rossi spoke in opposition to postponing the public hearing Terri Singer spoke in favor of postponing the public hearing Phone caller spoke in favor of postponing the public hearing Sandy Reed spoke in favor of postponing the public hearing Lucas Cohen spoke in opposition to postponing the public hearing Pratap Subrahmanyam spoke in favor of postponing the public hearing Antoinette spoke in favor of postponing the public hearing Michael Seifert spoke in favor of postponing the public hearing Rophacan spoke in favor of postponing the public hearing Dipak Basu spoke in favor of postponing the public hearing Rada Basu spoke in favor of postponing the public hearing Mike Landgraf spoke in favor of postponing the public hearing Stacy Landgraf spoke in favor of postponing the public hearing Amy Liu spoke in favor of postponing the public hearing Anil Kumar spoke in favor of postponing the public hearing Saratoga City Council Minutes ~ May 20, 2020 ~ Page 4 of 10 Anita Spiroa spoke in opposition to postponing the public hearing Alicia Moore spoke in favor of postponing the public hearing Bill Lee spoke in favor of postponing the public hearing Daniel Onn spoke in favor of postponing the public hearing Carol Miller spoke in favor of postponing the public hearing u.s spoke in favor of postponing the public hearing Ken Arora spoke in favor of postponing the public hearing William Miller spoke in favor of postponing the public hearing Rina Shah spoke in favor of postponing the public hearing AGK Karaunakaran spoke in favor of postponing the public hearing Lloyd Carney spoke in opposition to postponing the public hearing Manoj Goel spoke in favor of postponing the public hearing Venkat Venkataratnam spoke in favor of postponing the public hearing Jon Kwong spoke in favor of postponing the public hearing Mahal Mohan spoke in favor of postponing the public hearing Mona Kaur spoke in favor of postponing the public hearing Alex Kaur spoke in favor of postponing the public hearing Liang spoke in favor of postponing the public hearing Julianne Michaels spoke in favor of postponing the public hearing Jamie Jang spoke in opposition to postponing the public hearing John Swensson spoke in opposition to postponing the public hearing Robert Schwartz spoke in opposition to postponing the public hearing Jeff Englander spoke in favor of postponing the public hearing Angela Ling spoke in favor of postponing the public hearing Mr. Ling spoke in favor of postponing the public hearing Saratoga City Council Minutes ~ May 20, 2020 ~ Page 5 of 10 Ken spoke in favor of postponing the public hearing Maura McNamara spoke in favor of postponing the public hearing Public speaker spoke in opposition to postponing the public hearing Suman spoke in favor of postponing the public hearing Sundar Krishnamurthy spoke in favor of postponing the public hearing JoAnne Birmingham spoke in favor of postponing the public hearing Hobart Birmingham spoke in favor of postponing the public hearing Dave Reis spoke in opposition to postponing the public hearing Sabrina Martire spoke in opposition to postponing the public hearing Nina Tang spoke in opposition to postponing the public hearing Rajive Dhar spoke in favor of postponing the public hearing Dhiren Unadkat spoke in opposition to postponing the public hearing Dave Aune spoke in favor of postponing the public hearing Jack Cho spoke in favor of postponing the public hearing Udaya spoke in favor of postponing the public hearing No one else requested to speak. MILLER/CAPPELLO MOVED TO OPEN THE PUBLIC HEARING ON ITEM 3.1 MOUNTAIN WINERY ANNEXATION PROJECT, TAKE PUBLIC COMMENT, HAVE COUNCIL DISCUSSION, AND DIRECT STAFF TO END THE ANNEXATION PROCEEDINGS OR TO SET UP A FUTURE SPECIAL MEETING AT A LATER DATE ON THE ANNEXATION PROJECT. MOTION PASSED BY VERBAL ROLL CALL. AYES: MILLER, BERNALD, CAPPELLO. NOES: ZHAO, KUMAR. ABSTAIN: NONE. ABSENT: NONE. Mayor Miller called for a recess until 9:30 p.m. 3. PUBLIC HEARING 3.1. Mountain Winery Annexation Project Recommended Action: Consider whether to accept the Planning Commission’s recommendation to terminate the process to annex the Mountain Winery. • If the City Council votes to terminate the annexation process, then staff will need direction on how to respond to the Mountain Winery’s refund request. Saratoga City Council Minutes ~ May 20, 2020 ~ Page 6 of 10 • If the City Council votes to continue with the annexation process, then staff will need direction on the maximum number of rooms to include in the Precise Plan and any other changes the Council may request. Mayor Miller asked all Council Members to disclose their meetings and fundraising as pertains to the Mountain Winery. Mayor Miller disclosed two phone calls with Bill Hirschman, a meeting with Angela Ling and neighbors, and a meeting with Angela Kaufman. He noted that he has not raised funds for his campaign efforts since 2008, he has not received funds from Mountain Winery or any of their associates, and he has not attended concerts at the Mountain Winery. Vice Mayor Bernald disclosed she met with Bill Hirschman, Dave House, and neighbors, that her campaign account is closed, but that she did receive a $100 campaign donation in 2018 from Dave House, and has not attended concerts at the Mountain Winery. Council Member Zhao disclosed that she met with Angela Ling and neighbors, had many phone calls with residents, received a $100 campaign donation in 2018 from Dave House, and has attended concerts at the Mountain Winery, but paid for own tickets. Council Member Cappello disclosed that he had phone call with Dave House, has not raised funds for his campaign efforts since 2016, and has attended concerts about the Mountain Winery, but paid for his own tickets. Council Member Kumar disclosed that he met with Bill Hirschman, Angela Ling and neighbors, exchanged emails with David House, received campaign contributions in 2014 from Dave House and David Rossi, and has attended concerts at the Mountain Winery, but paid for his own tickets. James Lindsay, City Manager, and Debbie Pedro, Community Development Director, presented the staff report. Mayor Miller announced that is 10:00 p.m. and per City Council Resolution 13-067, the Council should determine if the meeting will continue past midnight and whether to continue some agenda items to another date. BERNALD/CAPPELLO MOVED TO CONTINUE ANNOUNCEMENTS, CONSENT CALENDAR, COUNCIL ASSIGNMENTS, CITY COUNCIL ITEMS, COUNCIL COMMUNICATIONS, AND CITY MANAGER’S REPORT TO THE NEXT COUNCIL MEETING ON JUNE 3, 2020. MOTION PASSED BY VERBAL ROLL CALL. AYES: MILLER, BERNALD, ZHAO, CAPPELLO, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. MILLER/CAPPELLO MOVED TO ALLOCATE 2 MINUTES FOR EACH PUBLIC SPEAKER AND CAP THE PUBLIC COMMENT PERIOD AT 210 MINUTES. MOTION PASSED BY VERBAL ROLL CALL. AYES: MILLER, BERNALD, ZHAO, CAPPELLO. NOES: KUMAR. ABSTAIN: NONE. ABSENT: NONE. Mayor Miller called for a recess until 10:23 p.m. Saratoga City Council Minutes ~ May 20, 2020 ~ Page 7 of 10 Mayor Miller invited public comment on the item. The following people requested to speak: Coleen Wagner spoke in opposition to the annexation Jeffrey Schwartz spoke in opposition to the annexation Robert Schwartz spoke in favor of annexation Stan Bogosian spoke in opposition to the annexation Nina Tang spoke against a 300-room hotel Alice Kaufman spoke against a 300-room hotel Dave House spoke in favor of annexation. Daniel Onn spoke against a hotel Lloyd Carney spoke Arthur F. Coon spoke in opposition to annexation David Rossi spoke in favor of annexing the property Martin Rossip spoke in favor of annexation Rina Shah spoke to in opposition to the annexation Bill Hirschman spoke in favor of annexation Devyani Kamdar spoke in favor of annexation Antoinette Romeo spoke in opposition to the annexation Anita Spiroa spoke in favor of annexation Glenda Aune spoke in opposition to the annexation Liang spoke in favor of annexation and in opposition of a 300-room hotel Sandy Reed spoke in opposition to the annexation William Miller spoke in opposition to the annexation Jim Cargill spoke in favor of annexation Lori Burns spoke in opposition to the annexation and Mountain Winery refund request Saratoga City Council Minutes ~ May 20, 2020 ~ Page 8 of 10 Lucas Cohen spoke in favor of annexation Julianne Michaels spoke in opposition to the annexation and Mountain Winery refund request Bill Lee spoke in opposition to the annexation Dave Aune spoke in opposition to the annexation Alicia Moore spoke in opposition to the annexation Rick spoke in opposition to the annexation Mike Landgraf spoke in opposition to the annexation Stacy Landgraf in opposition to the annexation AGK Karaunakaren spoke in opposition to the annexation Mona and Alex Kaur spoke in opposition to the annexation Venkat Venkataratnam spoke in opposition to the annexation Dipak Basu spoke in opposition to the annexation Ms. Basu spoke in opposition to the annexation Mayor Miller asked for a recess to 11:56 p.m. After the recess, Mayor Miller resumed public comment. Ana Mendez spoke in opposition to the annexation Phil Bullock spoke in opposition to the annexation Angela Bullock spoke in opposition to the annexation Ken Scultz spoke in opposition to the annexation Barbara Arora spoke in opposition to the annexation Ken Arora spoke in opposition to the annexation Ken Czworniaks spoke in opposition to the annexation Carol Miller spoke in opposition to the annexation Jon Kwong spoke in opposition to the annexation Hobart Biringham spoke in opposition to the annexation Saratoga City Council Minutes ~ May 20, 2020 ~ Page 9 of 10 Rob spoke in opposition to the annexation Dwight Diercks spoke in opposition to the annexation Alison Hartly spoke in opposition to the annexation Bob Hartly spoke in opposition to the annexation John Donovan spoke against development in hillsides Michael Seifert spoke in opposition to the annexation Rajive Dhar spoke in opposition to the annexation Dhiren Unadkat spoke in opposition to the annexation Hao Zhu spoke in opposition to the annexation Eric Cao spoke in opposition to the annexation Louis Galbiati spoke in opposition to the annexation Prijesh Patel spoke in opposition to the annexation Dave Reis spoke in favor of annexation and in opposition to a300-room hotel Manoj Goel spoke in opposition to the annexation No one else requested to speak. KUMAR MOVED TO STOP THE ANNEXATION PROCEEDINGS AND STOP EXPENSES ON THE PROJECT, BUT PAY OUTSTANDING EXPENSES PERTAINING TO THE PROJECT. No Council Member seconded the motion. MILLER/ZHAO MOVED TO STOP THE ANNEXATION PROCESS AND REFUND THE FUNDS THAT THE MOUNTAIN WINERY CONTRIBUTED. Vice Mayor Bernald asked for the motion to made into two different motions. Mayor Miller withdrew his previous motion. Council Member Zhao concurred with the withdrawal. MILLER/ZHAO MOVED TO ACCEPT THE PLANNING COMMISSION’S RECOMMENDATION TO TERMINATE THE PROCESS TO ANNEX THE MOUNTAIN WINERY. MOTION PASSED BY VERBAL ROLL CALL. AYES: MILLER, ZHAO, KUMAR. NOES: BERNALD, CAPPELLO. ABSTAIN: NONE. ABSENT: NONE. Saratoga City Council Minutes ~ May 20, 2020 ~ Page 10 of 10 MILLER/BERNALD MOVED TO DIRECT STAFF TO ISSUE A REFUND TO CHATEAU MASSON, LLC FOR THE FUNDS CONTRIBUTED TOWARDS THE THIRD PARTY CONSULTANT COSTS FOR THE MOUNTAIN WINERY ANNEXATION. MOTION PASSED BY VERBAL ROLL CALL. AYES: MILLER, BERNALD, ZHAO, CAPPELLO. NOES: KUMAR. ABSTAIN: NONE. ABSENT: NONE. ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS Lucas Patuszka, Planning Commissioner, spoke about parliamentary procedures during Planning Commission meetings and announced his resignation from the Planning Commission. Ken Czworniak spoke about Mayor Miller’s decision tonight. Alicia Moore spoke about the refund to the Mountain Winery. Jon Kwong spoke about lack of civility in Commissions and Council. Antoinette Romeo spoke about the Saratoga-to-Sea trail and the County Parks Department. Eric Cao spoke about the refund to the Mountain Winery. Stacy Landgraf spoke about the refund to Mountain Winery. ADJOURNMENT CAPPELLO/BERNALD MOVED TO ADJOURN THE MEETING AT 2:44 A.M. MOTION PASSED BY VERBAL ROLL CALL. AYES: MILLER, BERNALD, ZHAO, CAPPELLO. NOES: NONE. ABSTAIN: NONE. ABSENT: KUMAR. Minutes respectfully submitted: Debbie Bretschneider, City Clerk City of Saratoga