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Minutes

Saratoga City Council
November 15, 2023

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November 15, 2023
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Saratoga City Council
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Saratoga City Council Minutes ~ November 15, 2023 ~ Page 1 of 8

MINUTES
WEDNESDAY, NOVEMBER 15, 2023

SARATOGA CITY COUNCIL REGULAR MEETING

At 6:00 p.m., the City Council held a Joint Session with the Leadership Team from West Valley College in the Linda Callon Conference Room.

Mayor Fitzsimmons invited public comment.

No one requested to speak.

Mayor Fitzsimmons called the Regular Session to order at 7:00 p.m.

ROLL CALL

PRESENT: Mayor Kookie Fitzsimmons, Vice Mayor Yan Zhao, Council Members Belal Aftab, Chuck Page, Tina Walia

ABSENT: None

ALSO PRESENT: James Lindsay, City Manager
Richard Taylor, City Attorney
Leslie Arroyo, Assistant City Manager
Bryan Swanson, Community Development Director
John Cherbone, Public Works Director
Ryan Hinchman, Administrative Services Director
Britt Avrit, City Clerk
Macedonio Nunez, City Engineer
Mainini Cabute, Environmental Programs Manager

REPORT ON POSTING OF THE AGENDA
The City Clerk reported the agenda for this meeting was properly posted on November 8, 2023.

REPORT FROM JOINT SESSION
Mayor Fitzsimmon s stated the City Council held a Joint Session with West Valley College Leadership and provided a report of the City Council Joint Session.

ORAL COMMUNICATIONS ON NON- AGENDIZED ITEM S; IN-PERSON

ATTENDEES

Mayor Fitzsimmons invited public comment.

The following individuals spoke:

John Henley discussed the Saratoga Retirement Community expansion.

Tyler Hawes discussed Civic Bell.

Shawna Ballard, Marshall Zerbo, and Jody Tatro discussed the Housing Element.

Saratoga City Council Minutes ~ November 15, 2023 ~ Page 2 of 8

ANNOUNCEMENTS
Mayor Fitzsimmons shared information about the All-Faith Community Thanksgiving Service, the Annual Tree Lighting Ceremony, the City Council Reorganization, Let’s Work Saratoga Volunteer Day, and the Celebration of Light event.

Vice Mayor Zhao shared information about the South Bay Military Veterans Chorus fundraiser.

Council Member Aftab shared information about the Saratoga History Museum event taking place on the day of the Tree Lighting Ceremony.

Council Member Page shared information about the Candy Cane Village and Wine Stroll events.

SPECIAL PRESENTATION

New Taipei City, Friendship City Presentation

The City Council received a presentation from Katherine Tseng on New Taipei City.

Mayor Fitzsimmons invited public comment.

No one requested to speak.

1. CONSENT CALENDAR

Mayor Fitzsimmons invited public comment.

The following individual spoke: Marshall Zerbo.

Council Member Walia requested Item 1.8 be removed for separate discussion.

1.1. City Council Meeting Minutes
Recommended Action:

Approve the Minutes for the November 1, 2023, City Council Regular Meeting.

PAGE/ZHAO MOVED TO APPROVE THE MINUTES FOR THE NOVEMBER 1, 2023, CITY COUNCIL REGULAR MEETING. MOTION PASSED BY THE FOLLOWING VOTE: AYES: AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS. NOES:

NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE

1.2. Review and Accept Accounts Payable Check Registers Recommended Action:

Review and accept the 10/26/2023 and 11/02/2023 accounts payable vendor payment check registers.

PAGE/ZHAO MOVED TO REVIEW AND ACCEPT THE 10/26/2023 AND 11/02/2023 ACCOUNTS PAYABLE VENDOR PAYMENT CHECK REGISTERS. MOTION PASSED BY THE FOLLOWING VOTE: AYES: AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE

Saratoga City Council Minutes ~ November 15, 2023 ~ Page 3 of 8

1.3. Treasurer’s Report for the Month Ended September 30, 2023 Recommended Action:

Review and accept the Treasurer’s Report for the month ended September 30, 2023.

PAGE/ZHAO MOVED TO REVIEW AND ACCEPT THE TREASURER’S REPORT FOR THE MONTH ENDED SEPTEMBER 30, 2023. MOTION PASSED BY THE FOLLOWING VOTE: AYES: AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS. NOES:

NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE

1.4. Final Map Approval for Two Lots Located at 14564 Chester Ave.

Recommended Action:

Adopt the Resolution granting final map approval of parcel map application No. ULS22- 0005 for two lots located at 14564 Chester Avenue (APN: 397 04 104).

RESOLUTION 23-086

PAGE/ZHAO MOVED TO ADOPT THE RESOLUTION GRANTING FINAL MAP APPROVAL OF PARCEL MAP APPLICATION NO. ULS22 -0005 FOR TWO LOTS LOCATED AT 14564 CHESTER AVENUE (APN: 397 04 104). MOTION PASSED BY THE FOLLOWING VOTE: AYES: AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS.

NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE

1.5. Youth Commission Fundraising Plan 2023/24
Recommended Action:

Approve the 2023/24 Youth Commission Fundraising Plan to collect donations and seek sponsorships of various Youth Commission initiatives, activities, and events.

PAGE/ZHAO MOVED TO APPROVE THE 2023/24 YOUTH COMMISSION

FUNDRAISING PLAN TO COLLECT DONATIONS AND SEEK SPONSORSHIPS OF VARIOUS YOUTH COMMISSION INITIATIVES, ACTIVITIES, AND EVENTS.

MOTION PASSED BY THE FOLLOWING VOTE: AYES: AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE.

ABSENT: NONE

1.6. Landscaping & Lighting Assessment District LLA-1; Resolutions initiating renewal of the District for FY 24-25.

Recommended Actions:

1. Adopt the Resolution describing improvements and directing preparation of the Engineer’s Report.

2. Adopt the Resolution appointing the Attorneys for the District.

RESOLUTION 23-084
RESOLUTION 23-085

PAGE/ZHAO MOVED TO ADOPT THE RESOLUTION DESCRIBING
IMPROVEMENTS AND DIRECTING PREPARATION OF THE ENGINEER’S

REPORT AND ADOPT THE RESOLUTION APPOINTING THE ATTORNEYS FOR THE DISTRICT. MOTION PASSED BY THE FOLLOWING VOTE: AYES: AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS. NOES: NONE. ABSTAIN: NONE. RECUSED:

NONE. ABSENT: NONE
Saratoga City Council Minutes ~ November 15, 2023 ~ Page 4 of 8

1.7. Landscaping and Lighting Assessment District LLA-1; Preliminary Approval of Engineer's Report and Adoption of Resolution of Intention for FY 24-25 for Annexation of New Zone, Quito Oaks - Zone 40, to the City of Saratoga Landscaping and Lighting Assessment District, LLA-1.

Recommended Actions:

1. Adopt the Resolution granting preliminary approval of the Engineer's Report for FY 24- 25 for the annexation of New Zone (Quito Oaks – Zone 40) into the Landscaping and Lighting Assessment District LLA-1.

2. Adopt the Resolution of Intention.

RESOLUTION 23-087
RESOLUTION 23-088

PAGE/ZHAO MOVED TO ADOPT THE RESOLUTION GRANTING PRELIMINARY APPROVAL OF THE ENGINEER'S REPORT FOR FY 24 -25 FOR THE ANNEXATION OF NEW ZONE (QUITO OAKS – ZONE 40) INTO THE
LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT LLA- 1 AND ADOPT THE RESOLUTION OF INTENTION. MOTION PASSED BY THE FOLLOWING VOTE: AYES: AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS. NOES: NONE.

ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE

1.8. Budget Adjustment and Contract Amendments for Housing Element Contracts with Urban Planning Partners and Lisa Wise Consulting, Inc.

Recommended Actions:

1. Adopt budget adjustment resolution for FY 2023/24 in the amount of $218,794 for work on Saratoga’s 2023-2031 Housing Element Update.

2. Authorize the City Manager to execute a contract amendment with Urban Planning Partners (UPP) for continued work on the Housing Element Update and General Plan Amendment Environmental Impact Report (EIR) in the amount of $113,0000 for FY 2023/24.

3. Authorize the City Manager to execute a contract amendment with Lisa Wise Consulting, Inc. (LWC) for continued work on the Mixed-Use/Multi-Family Design Standards in the amount of $29,876 for FY 2023/24.

RESOLUTION 23-089

PAGE/WALIA MOVED TO ADOPT THE BUDGET ADJUSTMENT RESOLUTION FOR FY 2023/24 IN THE AMOUNT OF $218,794 FOR WORK ON SARATOGA’S 2023-2031 HOUSING ELEMENT UPDATE , AUTHORIZE THE CITY MANAGER

TO EXECUTE A CONTRACT AMENDMENT WITH URBAN PLANNING

PARTNERS (UPP) FOR CONTINUED WORK ON THE HOUSING ELEMENT

UPDATE AND GENERAL PLAN AMENDMENT ENVIRONMENTAL IMPACT
REPORT (EIR) IN THE AMOUNT OF $113,0000 FOR FY 2023/24, AND

AUTHORIZE THE CITY MANAGER TO EXECUTE A CONTRACT AMENDMENT WITH LISA WISE CONSULTING, INC. (LWC) FOR CONTINUED WORK ON THE

MIXED-USE/MULTI-FAMILY DESIGN STANDARDS IN THE AMOUNT OF $29,876 FOR FY 2023/24. MOTION PASSED BY THE FOLLOWING VOTE: AYES:

AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS. NOES: NONE. ABSTAIN: NONE.

RECUSED: NONE. ABSENT: NONE

Saratoga City Council Minutes ~ November 15, 2023 ~ Page 5 of 8

2. GENERAL BUSINESS

2.1. 2023 Community Assessment Survey for Older Adults (CASOA) Report Recommended Action:

Receive 2023 Community Assessment Survey for Older Adults (CASOA) report from Senior Coordinating Council (SASCC) Executive Director Tylor Taylor.

Leslie Arroyo, Assistant City Manager, and Tylor Taylor, Senior Coordinating Council Executive Director presented the staff report and results from the Community Assessment Survey.

Mayor Fitzsimmons invited public comment.

No one requested to speak.

No action needed, receive and file.

2.2. Santa Clara County Law Enforcement Contract Extension Recommended Action:

Authorize the City Manager to provide written notice of renewal by City and Santa Clara County for Law Enforcement Services from July 1, 2024, through July 1, 2029.

Leslie Arroyo, Assistant City Manager, presented the staff report.

Mayor Fitzsimmons invited public comment.

The following individuals spoke: Jody Tatro, Marshall Zerbo

WALIA/PAGE MOVED TO AUTHORIZE THE CITY MANAGER TO PROVIDE

WRITTEN NOTICE OF RENEWAL BY CITY AND SANTA CLARA COUNTY FOR LAW ENFORCEMENT SERVICES FROM JULY 1, 2024, THROUGH JULY 1, 2029.

MOTION PASSE D BY THE FOLLOWING VOTE: AYES: AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE.

ABSENT: NONE

2.3. Mills Act Program Policy Review
Recommended Action:

Review the City’s existing Mills Act Program and provide direction to staff regarding possible changes.

Bryan Swanson, Community Development Director, presented the staff report.

Mayor Fitzsimmons invited public comment.

The following individuals spoke: Marilyn Marchetti, Priya Shastri, Bill Dalton

Saratoga City Council Minutes ~ November 15, 2023 ~ Page 6 of 8

PAGE/WALIA MOVED TO DIRECT STAFF TO AMEND THE MILLS ACT PROGRAM AS FOLLOWS: ISSUE A NOTICE OF NON- RENEWAL FOR ALL

CURRENT MILLS ACT AGREEMENTS AND IMMEDIATELY UPON ENTERING

A NEW MILLS ACT AGREEMENT SO THAT THE NEW AGREEMENTS REMAIN

IN PLACE FOR ONLY TEN YEARS, CHANGE THE REQUIREMENTS OF THE

PROGRAM TO REQUIRE SATISFACTION OF FOUR OF THE SEVEN CRITERIA

LISTED IN THE MUNICIPAL CODE, AND INCLUDE STRINGENT
REQUIREMENTS IN MAINTENANCE PLANS FOR MILLS ACT PROPERTIES .

MOTION PASSED BY THE FOLLOWING VOTE: AYES: AFTAB, PAGE, WALIA, ZHAO, FITZSIMM ONS. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE.

ABSENT: NONE

Mayor Fitzsimmons requested a recess at this time.

Mayor Fitzsimmons reconvened the meeting at 9:15 p.m.

2.4. Discussion of Public Art Commission
Recommended Action:

Provide direction to staff.

Leslie Arroyo, Assistant City Manager, presented the staff report.

Mayor Fitzsimmons invited public comment.

No one requested to speak.

ZHAO/WALIA MOVED TO AMEND MUNICIPAL CODE SECTION 2-12.020(A)2 TO

ELIMINATE THE MEETING ATTENDANCE REQUIREMENT FOR

COMMISSION APPLICANTS WHEN A QUORUM OF THE MEMBERSHIP DOES NOT EXIST.

Additional discussion took place.

PAGE/FITZSIMMONS MOVED TO DIRECT STAFF TO BRING BACK A

RESOLUTION TO DISBAND THE PUBLIC ART COMMISSION, INCREASE THE

LIBRARY AND COMMUNITY ENGAGEMENT COMMISSION TO SEVEN

MEMBERS, AND CHANGE THE NAME TO LIBRARY AND PUBLIC ARTS COMMISSION. MOTION PASSED BY THE FOLLOWING VOTE: AYES: AFTAB, PAGE, FITZSIMMONS. NOES: WALIA, ZHAO. ABSTAIN: NONE. RECUSED: NONE.

ABSENT: NONE

2.5. Annual Review --Saratoga Climate Action Plan 2030 Recommended Action:

Accept report on the Annual Review of the City’s Climate Action Plan.

Mainini Cabute, Environmental Programs Manager, presented the staff report.

Mayor Fitzsimmons invited public comment.

The following individual spoke: Jim Cargill

No action needed, receive and file.

Saratoga City Council Minutes ~ November 15, 2023 ~ Page 7 of 8

2.6. American Rescue Plan Act of 2021 (ARPA) funds - Update Recommended Action:

Receive updates on the American Rescue Plan Act of 2021 (ARPA) funded projects.

Macedonio Nunez, City Engineer, presented the staff report.

Mayor Fitzsimmons invited public comment.

The following individual spoke: Bill Dalton

No action needed, receive and file.

COUNCIL ASSIGNMENTS

Council Member Tina Walia
Cities Association of Santa Clara County Board of Directors – stated Joint Powers Authority formation was approved by the Board of Directors - 12 of the 15 cities have agreed to the agreement; the 2024 Officers were appointed as follows: President Neysa Fligor (Los Altos), First Vice-President Larry Klein (Sunnyvale), Second Vice -President Tina Walia (Saratoga), Secretary/Treasurer Hung Wei (Cupertino), Immediate Past President Margaret Abe- Koga (Mountain View).

Silicon Valley Clean Energy Authority Board of Directors – stated the Board appointed Monica Padilla as the new CEO effective April, 2024; authorized a contract for a 100MW wind project; approved implementing a Statewide Billing Tariff; provided direction to update Clean Power Offers for 2024, and updated the modernization of permitting and policies.

Council Member Chuck Page
Saratoga Chamber of Commerce Board – stated he attended the meeting, nothing to report West Valley Clean Water Program Authority Board of Directors – stated he attended the meeting, nothing to report
West Valley Solid Waste Management Authority Board of Directors – stated the Board received an overview of potential new enforcement procedures and fees that begin January 2024 due to SB 1383.

Council Member Belal Aftab
Valley Transportation Authority (VTA) Policy Advisory Committee – stated 27 bus operators recently graduated, bike education videos are available on VTA’s website and stated an audit will be occurring soon.

Vice Mayor Yan Zhao
Saratoga Ministerial Association – stated the Association discussed the upcoming C ommunity Thanksgiving Event.

Mayor Kookie Fitzsimmons
Nothing to report

CITY COUNCIL ITEMS
Aftab/Page requested that the City Council consider adding parking spots at the P rospect Center as a Council Nominated CIP Project.

Saratoga City Council Minutes ~ November 15, 2023 ~ Page 8 of 8

COUNCIL COMMUNICATIONS
None

CITY MANAGER'S REPORT
None

CITY ATTORNEY'S REPORT
None

ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS; VIRTUAL ATTENDEES

Mayor Fitzsimmons invited public comment.

No one requested to speak.

ADJOURNMENT

Mayor Fitzsimmons adjourned the meeting at 10:52 p.m.

Minutes respectfully submitted:

Britt Avrit, City Clerk
City of Saratoga

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