Saratoga City Council Minutes ~ May 4, 2022 ~ Page 1 of 7
MINUTES
WEDNESDAY, MAY 4, 2022
SARATOGA CITY COUNCIL REGULAR MEETING
At 5:30 p.m., the City Council held a Joint Session with the Saratoga Planning Commission via teleconferencing through Zoom.
Planning Commission Work Plan
Recommended Action:
Meet with Commission, discuss priorities and approve the FY 22/23 work plan with input provided by the City Council.
Planning Commission Chair Herman Zheng introduced Planning Commission Vice Chair Clinton Brownley and Commissioners Jojo Choi, Anjali Kausar, P ing Li and Razi Mohiuddin.
The Commission then presented its proposed FY 22/23 work plan.
Mayor Walia invited public comment.
No one requested to speak.
WALIA/BERNALD MOVED TO APPROVE THE PLANNING COMMISSION FY 22/23 WORK PLAN LIMITING THE FY 22/23 WORK PLAN TO THE FIRST FOUR ITEMS AND REVISIT THE LAST ITEM IN THE FUTURE.
Vice Mayor Fitzsimmons requested a friendly amendment to make the first four the priorities and keep item five as a placeholder for the Planning Commission to visit in the future.
WALIA/BERNALD MOVED TO APPROVE THE PLANNING COMMISSION FY 22/23
WORK PLAN WITH ITEM FIVE TO REMAIN ON THE WORKPLAN AS A PLACEHOLDER. MOTION PAS SED BY VERBAL ROLL CALL. AYES: BERNALD, ZHAO, FITZSIMMONS, WALIA. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE.
ABSENT: KUMAR.
Mayor Walia called the Regular Session to order at 7:00 p.m. via teleconferencing through Zoom.
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
ABSENT: None
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ALSO PRESENT: James Lindsay, City Manager
Crystal Bothelio Assistant City Manager
Richard Taylor, City Attorney
Britt Avrit, City Clerk
John Cherbone, Public Works Director
Debbie Pedro, Community Development Director
Nick Pegueros, Administrative Services Director
Lauren Pettipiece, Public Information Officer
Ann Xu, Accountant II
REPORT ON POSTING OF THE AGENDA
The City Clerk reported the agenda for this meeting was properly posted on April 28, 2022.
REPORT ON JOINT SESSION
Planning Commission Chair Herman Zheng provided a report of the City Council Joint Session with the Planning Commission.
ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS
Mayor Walia invited public comment.
The following individuals spoke at this time:
Mary Ann Welch discussed SB 9 and the issues facing the City related to this legislation.
Annette Stransky, President of the Saratoga Historical Foundation, extended an invitation to the Saratoga History Museum and discussed activities celebrating Preservation Month.
ANNOUNCEMENTS
Mayor Walia shared information about Wildfire Preparedness Webinars, South Bay Fun Fest, Neighborhood Watch Joint Session, Chamber of Commerce Wine Experience, Saratoga Library Asian Pacific American Heritage Month events, and Commission recruitments.
CEREMONIAL ITEMS
Proclamation Declaring May 2022 as National Preservation Month Recommended Action:
Proclaim May 2022 as National Preservation Month in the City of Saratoga.
The City Council proclaimed May 2022 as National Preservation Month in the City of Saratoga.
Appointment of Traffic Safety Commissioners
Recommended Action:
Adopt the Resolution appointing Robert Eng and Jason Mount to the Traffic Safety Commission and direct the City Clerk to administer the Oath of Office.
RESOLUTION 2022-015
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BERNALD/ZHAO MOVED TO ADOPT THE RESOLUTION APPOINTING ROBERT
ENG AND JASON MOUNT TO THE TRAFFIC SAFETY COMMISSION AND DIRECT 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. RECUSED: NONE.
ABSENT: NONE.
The City Clerk administered the Oath of Office to Robert Eng and Jason Mount at this time.
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 April 20, 2022 City Council Regular Meeting.
ZHAO/BERNALD MOVED TO APPROVE THE MINUTES FOR THE APRIL 20, 2022 CITY COUNCIL REGULAR MEETING. MOTION PASSED BY VERBAL ROLL CALL. AYES: BERNALD, KUMAR, ZHAO, FITZSIMMONS, WALIA: NOES: NONE.
ABSTAIN: NONE. RECUSED: 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:
4/14/22 Period 10; 4/21/22 Period 10.
ZHAO/BERNALD MOVED TO REVIEW AND ACCEPT CHECK REGISTERS FOR THE FOLLOWING ACCOUNTS PAYABLE PAYMENT CYCLES: 4/14/22 PERIOD 10; 4/21/22 PERIOD 10. MOTION PASSED BY VERBAL ROLL CALL. AYES:
BERNALD, KUMAR, ZHAO, FITZSIMMONS, WALIA: NOES: NONE. ABSTAIN:
NONE. RECUSED: NONE. ABSENT: NONE.
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 hold City of Saratoga Brown Act meetings by teleconference.
ZHAO/BERNALD MOVED TO RECONSIDER AND CONFIRM FINDINGS
PURSUANT TO ASSEMBLY BILL 361 OF THE CONTINUED PUBLIC HEALTH OFFICIALS’ RECOMMENDATION TO SOCIAL DIST ANCE AND TO
THEREFORE HOLD CITY OF SARATOGA BROWN ACT MEETINGS BY
TELECONFERENCE. MOTION PASSED BY VERBAL ROLL CALL. AYES:
BERNALD, KUMAR, ZHAO, FITZSIMMONS, WALIA: NOES: NONE. ABSTAIN:
NONE. RECUSED: NONE. ABSENT: NONE.
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1.4. Resolution Appointing a New Hearing Officer and Adopting Amended Code Enforcement Hearing Rules of Procedure
Recommended Action:
Approve a resolution appointing a new hearing officer for code enforcement appeals and adopting amended rules of procedure of code enforcement appeal hearings.
RESOLUTION 2022-016
ZHAO/BERNALD MOVED TO APPROVE A RESOLUTION APPOINTING A NEW
HEARING OFFICER FOR CODE ENFORCEMENT APPEALS AND ADOPTING
AMENDED RULES OF PROCEDURE OF CODE ENFORCEMENT APPEAL
HEARINGS. MOTION PASSED BY VERBAL ROLL CALL. AYES: BERNALD, KUMAR, ZHAO, FITZSIMMONS, WALIA: NOES: NONE. ABSTAIN: NONE.
RECUSED: NONE. ABSENT: NONE.
2. PUBLIC HEARING
2.1. Amendment to ordinance on appeals of State determinations regarding development in Very High Fire Hazard Zones
Recommended Action:
Conduct a public hearing, introduce and waive the first reading of an ordinance amending section 16-05.020 of the Saratoga Municipal Code to allow California licensed Fire Protection Engineers to as well as certified Fire Protection Specialists to file and hear appeals of State determinations regarding development in Very High Fire Hazard Zones, and direct staff to place the ordinance on the Consent Calendar of the next regular meeting of the City Council for adoption.
Richard Taylor, City Attorney, presented the staff report.
Mayor Walia invited public comment.
No one requested to speak.
BERNALD/ZHAO MOVED TO INTRODUCE AND WAIVE THE FIRST READING OF AN ORDINANCE AMENDING SECTION 16 -05.020 OF THE SARATOGA
MUNICIPAL CODE TO ALLOW CALIFORNIA LICENSED FIRE PROTECTION
ENGINEERS TO AS WELL AS CERTIFIED FIRE PROTECTION SPECIALISTS
TO FILE AND HEAR APPEALS OF STATE DETERMINATIONS REGARDING
DEVELOPMENT IN VERY HIGH FIRE HAZARD ZONES, AND DIRECT STAFF
TO PLACE THE ORDINANCE ON THE CONSENT CALENDAR OF THE NEXT REGULAR MEETING OF THE CI TY COUNCIL FOR ADOPTION. MOTION PASSED BY VERBAL ROLL CALL. AYES: BERNALD, KUMAR, ZHAO, FITZSIMMONS, WALIA: NOES: NONE. ABSTAIN: NONE. RECUSED: NONE.
ABSENT: NONE.
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3. GENERAL BUSINESS
3.1. Two-Year Maintenance Service Contract for the Heritage Orchard in the amount not- to-exceed $270,400
Recommended Action:
Approve a two-year maintenance service contract with Orchard Keepers for the Heritage Orchard in the amount not-to-exceed $270,400 and authorize the City Manager to execute the same.
John Cherbone, Public Works Director, presented the staff report.
Mayor Walia invited public comment.
The following individuals spoke on this item: Jeffrey Schwartz, Bill Dalton , Sky DeMuro, Matthew Sutton, Matt Novakovich, Chris Cruz, Patrick Archie, Ryan Silsbee, Rich Everett, Stan Bogosian, Chuck Page, Lisa Newman, Mary Ann Welch, Neal Casteel , Norman Koepernik, Julia, Darrin, Tiger Teerlink, Priya Shastri.
Mayor Walia requested a recess at this time.
Mayor Walia reconvened the meeting at 8:55 p.m.
FITZSIMMONS MOVED TO APPROVE A TWO -YEAR MAINTENANCE SERVICE
CONTRACT FOR HERITAGE ORCHARD WITH NOVAKOVICH ORCHARDS IN THE AMOUNT IN THE RFP.
Motion failed for lack of a second.
Additional discussion took place.
BERNALD/WALIA MOVED TO APPROVE A TWO -YEAR MAINTENANCE
SERVICE CONTRACT WITH ORCHARD KEEPERS FOR THE HERITAGE
ORCHARD IN THE AMOUNT NOT-TO-EXCEED $270,400 AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE SAME. MOTION PASSED BY VERBAL ROLL CALL. AYES: BERNALD, ZHAO, WALIA: NOES: FITZSIMMONS. A BSTAIN:
KUMAR. RECUSED: NONE. ABSENT: NONE.
3.2. Budget Preview and Financial Policy Updates
Recommended Action:
Receive FY23 budget preview information and receive and review proposed Road and Facility Replacement Reserve Policy and provide direction to staff.
Nick Pegueros, Administrative Services Director, presented the staff report.
Mayor Walia invited public comment.
No one requested to speak.
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WALIA/BERNALD MOVED TO APPROVE THE UPDATED ROAD AND FACILITY
REPLACEMENT RESERVE POLICY AS PRESENTED IN THE STAFF REPORT AND USE UP TO $200,000 FROM THE INTERNAL SERVICE FUNDS’ FUND
BALANCE AND REDUCE THE ADDITIONAL UNFUNDED PENSION LIABILITY PAYMENT BY UP TO $200,000 AS NEEDED TO BALANCE THE FISC AL YEAR 2022/23 PROPOSED BUDGET. MOTION PASSED BY VERBAL ROLL CALL. AYES:
BERNALD, KUMAR, ZHAO, FITZSIMMONS, WALIA: NOES: NONE. ABSTAIN:
NONE. RECUSED: NONE. ABSENT: NONE.
3.3. Traffic Safety Commission Membership
Recommended Action:
Provide direction to staff regarding the number of members on the Traffic Safety Commission.
Britt Avrit, City Clerk, presented the staff report.
Mayor Walia invited public comment.
No one requested to speak.
BERNALD/FITZSIMMONS MO VED T O REDUCE THE NUMBER OF TRAFFIC SAFETY COMMISSIONERS FROM SEVEN MEMBERS TO FIVE MEMBERS.
MOTION PASSED B Y VERBAL ROLL CALL. AYES: BERNALD, FITZSIMMONS, WALIA: NOES: KUMAR, ZHAO. ABSTAIN: NONE. RECUSED: NONE. ABSENT:
NONE.
COUNCIL ASSIGNMENTS
Mayor Tina Walia
Silicon Valley Clean Energy Authority Board of Directors – stated the Silicon Valley Clean Energy Authority celebrated its 5-year anniversary at a recent event in Cupertino.
Council Finance Committee - stated the Committee received a FY 22/23 budget preview and discussed the proposed Road and Facility Replacement Reserve Policy.
Hakone Foundation Board of Trustees – stated three Board M embers’ terms were renewed for another two years: Reiko Iwanaga, Hiroshi Tomita, Ann Waltonsmith; discussed budget planning for 22/23 and the status of the Foundation’s finances.
West Valley Mayors & Managers Association - stated Supervisor Simitian provided a presentation; discussion among the group included an update for each city and the group discussed RHNA numbers.
Vice Mayor Kookie Fitzsimmons
Nothing to report
Council Member Mary-Lynne Bernald
Saratoga Historical Foundation Board of Directors – stated the Blacksmith Shop groundbreaking has been delayed, discussed return of the D ocent Program in the fall, and stated the Board discussed the orchard contract.
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Council Member Rishi Kumar
Santa Clara County Library District Board of Director s – stated the Board received information regarding the budget, discussed increase in expenditures for next year and discussed donations made by the Friends of Saratoga Library.
Council Member Yan Zhao
Saratoga Ministerial Association – stated the Association received a safe car park update, the Association expressed appreciation for the Martin Luther King grant received for next year, and discussed a July summer recess.
CITY COUNCIL ITEMS
None
COUNCIL COMMUNICATIONS
None
CITY MANAGER'S REPORT
None
ADJOURNMENT
BERNALD/FITZSIMMONS MOVED TO ADJOURN THE MEETING AT 11:02 P.M.
MOTION PASSED BY VERBAL ROLL CALL . AYES: BERNALD, KUMAR, ZHAO, FITZSIMMONS, WALIA: NOES: NONE. ABSTAIN: NONE . RECUSED: NONE. ABSENT:
NONE.
Minutes respectfully submitted:
Britt Avrit, MMC, City Clerk
City of Saratoga