Saratoga City Council Minutes ~ December 7, 2022 ~ Page 1 of 7
MINUTES
WEDNESDAY, DECEMBER 7, 2022
SARATOGA CITY COUNCIL REGULAR MEETING
Mayor Walia called the Regular Session to order at 7:00 p.m.
The Administrative Analyst 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.
Due to technical issues, Mayor Walia requested a recess at this time.
Mayor Walia reconvened the meeting at 7:16 pm
ROLL CALL
PRESENT: Mayor Tina Walia, Vice Mayor Kookie Fitzsimmons, Council Members Mary-Lynne Bernald, Rishi Kumar, Yan Zhao
ABSENT: None
ALSO PRESENT: James Lindsay, City Manager
Crystal Bothelio Assistant City Manager
Richard Taylor, City Attorney
Frances Reed, Administrative Analyst
John Cherbone, Public Works Director
Nick Pegueros, Administrative Services Director
Debbie Pedro, Community Development Director
Keith Weiner, Building Official
Nicole Johnson, Senior Planner
REPORT ON POSTING OF THE AGENDA
The Administrative Analyst reported the agenda for this meeting was properly posted on December 2, 2022.
ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS
Mayor Walia invited public comment.
The following individual spoke at this time:
Bill Dalton thanked the outgoing City Council Members for their service to the City.
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ANNOUNCEMENTS
Mayor Walia shared information about the Holiday Tree Lighting & Saratoga Loves Poetry Contest Winners, Celebration of Light, City Council Reorganization, and Silicon Valley Clean Energy Education Fund.
1. CONSENT CALENDAR
The City Manager stated the recommendation for Item No. 1.9 has changed from “Adopt the Resolution” to “Take No Action.”
Council Member Bernald requested Item No. 1.5 be removed for separate discussion.
Mayor Walia invited public comment on the Consent Calendar except Item No. 1.5.
The following individual spoke at this time: David Anderson.
1.1. City Council Meeting Minutes
Recommended Action:
Approve the Minutes for the November 16, 2022 City Council Regular Meeting.
FITZSIMMONS/BERNALD MOVED TO APPROVE THE MINUTES FOR THE NOVEMBER 16, 2022 CITY COUNCIL REGULAR MEETING . MOTION PASSED BY VERBAL ROLL CALL VOTE. 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:
11/8/22 Period 5; 11/16/22 Period 5; 11/22/22 Period 5.
FITZSIMMONS/BERNALD MOVED TO REVIEW AND ACCEPT CHECK
REGISTERS FOR THE FOLLOWING ACCOUNTS PAYABLE PAYMENT
CYCLES:11/8/22 PERIOD 5; 11/16/22 PERIOD 5; 11/22/22 PERIOD 5. MOTION PASSED BY VERBAL ROLL CALL VOTE. AYES: BERNALD, KUMAR, ZHAO, FITZSIMMONS, WALIA. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE.
ABSENT: NONE.
1.3. Treasurer’s Report for the Month Ended October 31, 2022 Recommended Action:
Review and accept the Treasurer’s Report for the month ended October 31, 2022.
FITZSIMMONS/BERNALD MOVED TO ACCEPT THE TREASURER’S REPORT FOR THE MONTH ENDED OCTOBER 31, 2022. MOTION PASSED BY VERBAL ROLL CALL VOTE. AYES: BERNALD, KUMAR, ZHAO, FITZSIMMONS, WALIA.
NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE.
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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 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 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 VOTE. AYES: BERNALD, KUMAR, ZHAO, FITZSIMMONS, WALIA. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE.
ABSENT: NONE.
1.5. Update to Heritage Preservation Ordinance
Recommended Action:
Waive the second reading of the attached ordinance amending Chapter 13 of the City Code, Heritage Preservation, and finding the amendment to be exempt from environmental review under the California Environmental Quality Act (CEQA) and adopt the attached ordinance.
Vice Mayor Fitzsimmons stated she needs to recu se herself from this item because she lives on Heritage Lane and left the Council Chambers at this time.
Mayor Walia opened Public Comment.
The following individual spoke at this time: Chuck Page.
ORDINANCE 393
BERNALD MOVED TO AMEND THE ORDINAN CE LANGUAGE TO INCLUDE “SHALL BE MAILED WITH PROOF OF DELIVERY” (13 -15.040) AND RE -
INTRODUCE THE ORDINANCE , WAIVE THE FIRST READING AND DIRECT
STAFF TO BRING THE REVISED ORDINANCE TO THE NEXT CITY COUNCIL MEETING.
Motion failed for lack of a second.
KUMAR/ZHAO MOVED TO WAIVE THE SECOND READING OF THE
ORDINANCE AMENDING CHAPTER 13 OF THE CITY CODE, HERITAGE
PRESERVATION, AND FINDING THE AMENDMENT TO BE EXEMPT FROM
ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND ADOPT THE ORDINANCE . MOTION PASSED BY VERBAL ROLL CALL VOTE. AYES: BERNALD, KUMAR, ZHAO, WALIA. NOES:
NONE. ABSTAIN: NONE. RECUSED: FITZSIMMONS. ABSENT: NONE.
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1.6. Commercial and Recreational Vehicle Parking Restriction Ordinance Recommended Action:
Waive the second reading of the attached ordinance amending the City Municipal Code and finding the amendment to be exempt from environmental review under the California Environmental Quality Act (CEQA) and adopt the attached ordinance.
ORDINANCE 394
FITZSIMMONS/BERNALD MOVED TO WAIVE THE SECOND READING OF THE
ORDINANCE AMENDING THE CITY MUNICIPAL CODE AND FINDING THE
AMENDMENT TO BE EXEMPT FROM ENVIRONMENTAL REVIEW UNDER
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND ADOPT THE ORDINANCE . MOTION PASSED BY VERBAL ROLL CALL VOTE. AYES:
BERNALD, KUMAR, ZHAO, FITZSIMMONS, WALIA. NOES: NONE. ABSTAIN:
NONE. RECUSED: NONE. ABSENT: NONE.
1.7. Adoption of the 2022 California Building Standards Code with Local Modifications Recommended Actions:
1. Adopt the resolution making the findings regarding proposed modifications to the referenced sections of the California Building Standards Code (CBSC) with Local Modifications.
2. Waive the second reading of the attached ordinance adopting the 2022 California Building Standards Code with local modifications finding the amendment to be exempt from environmental review under the California Environmental Quality Act (CEQA) and adopt the attached ordinance.
RESOLUTION 22-045
ORDINANCE 395
FITZSIMMONS/BERNALD MOVED TO ADOPT THE RESOLUTION MAKING THE
FINDINGS REGARDING PROPOSED MODIFICATIONS TO THE REFERENCED
SECTIONS OF THE CALIFORNIA BUILDING STANDARDS CODE (CBSC) WITH
LOCAL MODIFICATIONS AND WAIVE THE SECOND READING OF THE ORDINANCE ADOPTING THE 2022 CALIFORNIA BUILDING STANDARDS
CODE WITH LOCAL MODIFICATIONS FINDING THE AMENDMENT TO BE
EXEMPT FROM ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) AND ADOPT THE ORDINANCE .
MOTION PASSED BY VERBAL ROLL CALL VOTE. AYES: BERNALD, KUMAR, ZHAO, FITZSIMMONS, WALIA. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE.
ABSENT: NONE.
1.8. Annual Comprehensive Financial Report (ACFR)
Recommended Action:
Receive and file the 2021-22 Annual Comprehensive Financial Report (ACFR) and related supplemental reports as follows:
A. Annual Comprehensive Financial Report (ACFR)
B. SAS 112 Report (Internal Controls)
C. SAS 114 Report (Communication to Governance)
D. Single Audit Exemption
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FITZSIMMONS/BERNALD MOVED TO RECEIVE AND FILE THE 2021-22 ANNUAL
COMPREHENSIVE FINANCIAL REPORT (ACFR) AND RELATED
SUPPLEMENTAL REPORTS AS FOLLOWS: ANNUAL COMPREHENSIVE
FINANCIAL REPORT (ACFR), SAS 112 REPORT (INTERNAL CONTROLS) , SAS 114 REPORT (COMMUNICATION TO GOVERNANCE) , SINGLE AUDIT EXEMPTION. MOTION PASSED BY VERBAL ROLL CALL VOTE. AYES:
BERNALD, KUMAR, ZHAO, FITZSIMMONS, WALIA. NOES: NONE. ABSTAIN:
NONE. RECUSED: NONE. ABSENT: NONE.
1.9. Budget Amendment – Allendale Landscape District LLA Zone 36 Recommended Action:
Adopt Resolution appropriating $4,500 from the LLA Zone 36 fund balance into the Fiscal Year 2022/23 operating budget.
FITZSIMMONS/BERNALD MOVED TO TAKE NO ACTION. MOTION PASSED BY VERBAL ROLL CALL VOTE. AYES: BERNALD, KUMAR, ZHAO, FITZSIMMONS, WALIA. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE.
2. GENERAL BUSINESS
2.1. Review of Draft Responses to HCD Comments on the Housing Element Recommended Action:
1. Review the proposed responses to comments from California Department of Housing and Community Development (HCD) on the Draft Housing Element.
2. Receive public comments.
3. Provide comments and direction to staff on responses and revisions to the Housing Element for resubmittal to HCD.
Debbie Pedro, Community Development Director presented the staff report.
Mayor Walia invited public comment.
The following individuals spoke at this t ime: Joanne, Vivek Tiwari, David Anderson, Anne Johnson, Bill Reid, “som”, Brian Tran, Anthony Fisher, John Reagan, Priya Shastri
ZHAO/FITZSIMMONS MOVED TO ACCEPT THE PROPOSED COMMENTS AND DIRECT STAFF TO SEND THE PROPOSED COMME NTS TO HCD . MOTION PASSED BY VERBAL ROLL CALL VOTE. AYES: BERNALD, ZHAO, FITZSIMMONS, WALIA. NOES: KUMAR. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE.
2.2. Saratoga Village Parklets - Update
Recommended Action:
Accept Report and provide direction to Staff.
Macedonio Nunez, City Engineer presented the staff report.
Mayor Walia invited public comment.
The following individuals spoke at this time: Clyde Zaya, Chuck Page, Erin Delacroix
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FITZSIMMONS/BERNALD MOVED TO DIRECT STAFF TO EXPLORE OPTIONS FOR PERMANENT OUTDOOR SEATING AND BRING BACK TO COUNCIL .
MOTION PASSED BY VERBAL ROLL CALL. AYES: BERNALD, KUMAR, ZHAO, FITZSIMMONS, WALIA. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE.
ABSENT: NONE.
COUNCIL ASSIGNMENTS
Mayor Tina Walia
Hakone Foundation Board of Trustees and Executive Board – stated the Board discussed term renewals for Board Members Beverly Harada, Emily Lo, Phyllis Tung and Bob Himel which will go to the Board of Trustees for approval.
Council Finance Committee – stated the Committee received the report and a presentation for the Annual Comprehensive Financial Report (ACFR) for Fiscal Y ear ending June 30, 2022; the Capital Improvement Program development rough timeline and steps involved were presented.
KSAR Community Access TV Board – stated Station Manager Omar Perez has resigned effective January 1, 2023 and stated equipment related to meeting recordings is being updated.
Vice Mayor Kookie Fitzsimmons
Nothing to report.
Council Member Mary-Lynne Bernald
West Valley Solid Waste Management Authority Board of Directors – stated she attended the meeting in place of Council Member Kumar; stated proposals from two companies were submitted for the RFP, one was deemed qualified and the contract will be awarded to West Valley Collection & Recycling.
Council Member Rishi Kumar
Nothing to report.
Council Member Yan Zhao
Saratoga Ministerial Association – stated the Board discussed past and future events.
CITY COUNCIL ITEMS
None.
COUNCIL COMMUNICATIONS
None.
CITY MANAGER'S REPORT
The City Manager, on behalf of City Staff, thanked Council Members Bernald and Kumar for their service to the City.
CITY ATTORNEY'S REPORT
None.
Saratoga City Council Minutes ~ December 7, 2022 ~ Page 7 of 7
ADJOURNMENT
BERNALD/FITZSIMMONS MOVED TO ADJOURN THE MEETI NG AT 10:10 P.M.
MOTION PASSED BY VERBAL ROLL CALL VOTE. AYES: BERNALD, KUMAR, ZHAO, FITZSIMMONS, WALIA: NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT:
NONE.
Minutes respectfully submitted:
Britt Avrit, City Clerk
City of Saratoga