Saratoga City Council Minutes ~ December 20, 2023 ~ Page 1 of 9
MINUTES
WEDNESDAY, DECEMBER 20, 2023
SARATOGA CITY COUNCIL REGULAR MEETING
At 6:30 p.m., the City Council held a Study Session to discuss meeting announcements, the 2024 meeting schedule, and topics for the City Council’s annual retreat.
Mayor Zhao invited public comment.
The following individual spoke: Bill Dalton
Mayor Zhao called the Regular Session to order at 7:00 p.m.
ROLL CALL
PRESENT: Mayor Yan Zhao, Vice Mayor Belal Aftab, Council Members Kookie Fitzsimmons, Chuck Page, Tina Walia
ABSENT: None
ALSO PRESENT: James Lindsay, City Manager
Richard Taylor, City Attorney
Leslie Arroyo, Assistant City Manager
John Cherbone, Public Works Director
Ryan Hinchman, Administrative Services Director
Britt Avrit, City Clerk
REPORT ON POSTING OF THE AGENDA
The City Clerk reported the agenda for this meeting was properly posted on December 15, 2023.
REPORT FROM STUDY SESSION
Mayor Zhao stated the City Council held a Study Session to discuss 2024 Meeting Announcements, the 2023 Meeting Schedule and Summer Recess, Joint Sessions, Council Retreat Discussion Topics and City Events.
ORAL COMMUNICATIONS ON NON- AGENDIZED ITEM S; IN-PERSON
ATTENDEES
No one requested to speak.
ANNOUNCEMENTS
Mayor Zhao shared information about the Community Emergency Response Team Academy and Commission Recruitments.
CEREMONIAL ITEMS
Appointment of Heritage Preservation Commissioner
Recommended Action:
Adopt the Resolution appointing Sharon Boyce-Bender to the Heritage Preservation Commission and direct the City Clerk to administer the Oaths of Office.
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Mayor Zhao invited public comment.
No one requested to speak.
RESOLUTION 23-091
WALIA/FITZSIMMONS MOVED TO ADOPT THE RESOLUTION APPOINTING
SHARON BOYCE -BENDER TO THE HERITAGE PRESERVATION
COMMISSION AND DIRECT THE CITY CLERK TO ADMINISTER THE OATHS OF OFFICE. MOTION PASSED BY THE FOLLOWING VOTE: AYES: FITZSIMMONS, PAGE, WALIA, AFTAB, ZHAO. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE.
ABSENT: NONE.
The City Clerk administered the Oath of Office at this time.
1. CONSENT CALENDAR
Mayor Zhao invited public comment.
The following individual spoke: Bill Dalton, Marshall Zerbo.
Mayor Zhao pulled Item 1.8 for separate discussion.
1.1. City Council Meeting Minutes
Recommended Action:
Approve the Minutes for the December 6, 2023, City Council Regular Meeting.
PAGE/WALIA MOVED TO APPROVE THE MINUTES FOR THE DECEMBER 6, 2023, CITY COUNCIL REGULAR MEETING. MOTION PASSED BY THE FOLLOWING VOTE: AYES: FITZSIMMONS, PAGE, WALIA, AFTAB, ZHAO. NOES:
NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE.
1.2. Review and Accept Accounts Payable Check Registers Recommended Action:
Review and accept the 11/30/2023 and 12/06/2023 accounts payable vendor payment check registers.
PAGE/WALIA MOVED TO REVIEW AND ACCEPT THE 11/30/2023 AND 12/06/2023 ACCOUNTS PAYABLE VENDOR PAYMENT CHECK REGISTERS. MOTION PASSED BY THE FOLLOWING VOTE : AYES: FITZSIMMONS, PAGE, WALIA, AFTAB, ZHAO. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE.
1.3. Final Map Approval for 2 Lots Located At 15015 Vickery Avenue (517-18-031 & 517-18-065)
Recommended Action:
Adopt the Resolution granting final map approval of tentative map application No. SUB 21- 0001 for two lots located at 15015 Vickery Avenue (APN 517-18-031 & 517-18-065) and authorizing ancillary actions.
RESOLUTION 23-092
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PAGE/WALIA MOVED TO ADOPT THE RESOLUTION GRANTING FINAL MAP APPROVAL OF TENTATIVE MAP APPLICATION NO. SUB 21 -0001 FOR TWO LOTS LOCATED AT 15015 VICKERY AVENUE (APN 517- 18-031 & 517- 18-065) AND AUTHORIZING ANCILLARY ACTIONS . MOTION PASSED BY THE FOLLOWING VOTE: AYES: FITZSIMMONS, PAGE, WALIA, AFTAB, ZHAO. NOES:
NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE.
1.4. Extension of contract with Environmental Science Associates for Permitting and California Environmental Quality Act (CEQA) Support Services for Bridge Maintenance Repairs through June 30, 2025
Recommended Action:
Approve an amendment to extend a contract with Environmental Science Associates (ESA) for Permitting and California Environmental Quality Act (CEQA) Support Services for Bridge Maintenance Repairs through June 30, 2025.
PAGE/WALIA MOVED TO APPROVE AN AMENDMENT TO EXTEND A
CONTRACT WITH ENVIRONMENTAL SCIENCE ASSOCIATES (ESA) FOR
PERMITTING AND CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
SUPPORT SERVICES FOR BRIDGE MAINTENANCE REPAIRS THROUGH JUNE 30, 2025. MOTION PASSED BY THE FOLLOWING VOTE : AYES: FITZSIMMONS, PAGE, WALIA, AFTAB, ZHAO. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE.
ABSENT: NONE.
1.5. AB1600 Development Impact Fee Annual Report
Recommended Action:
Review and accept the annual AB1600 Development Impact Fee report for the fiscal year ended June 30, 2023.
PAGE/WALIA MOVED TO REVIEW AND ACCEPT THE ANNUAL AB1600
DEVELOPMENT IMPACT FEE REPORT FOR THE FISCAL YEAR ENDED JUNE 30, 2023. MOTION PASSED BY THE FOLLOWING VOTE : AYES: FITZSIMMONS, PAGE, WALIA, AFTAB, ZHAO. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE.
ABSENT: NONE.
1.6. Subdivision Code Update
Recommended Action:
Adopt the ordinance readopting and amending Chapter 14 of the Saratoga City Code – Subdivisions (updating to conform with state law and converting subjective standards to objective standards).
ORDINANCE 398
PAGE/WALIA MOVED TO ADOPT THE ORDINANCE READOPTING AND
AMENDING CHAPTER 14 OF THE SARATOGA CITY CODE – SUBDIVISIONS (UPDATING TO CONFORM WITH STATE LAW AND CONVERTING
SUBJECTIVE STANDARDS TO OBJECTIVE STANDARDS). MOTION PASSED BY THE FOLLOWING VOTE : AYES: FITZSIMMONS, PAGE, WALIA, AFTAB, ZHAO.
NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE.
1.7. American Rescue Plan Act of 2021 (ARPA) Project Budget Adjustments Saratoga City Council Minutes ~ December 20, 2023 ~ Page 4 of 9
Recommended Action:
1. Adopt a budget resolution to adjust budgets needed in existing ARPA funded projects as well as several new ARPA qualified projects.
2. Authorize the Administrative Services Director, with the approval of the City Manager, to further adjust the budget for any specific project in the ARPA State and Local Fiscal Recovery Funds (SLFRF) Capital Improvement Program (CIP) in future, provided that the total budget allocation for ARPA Funds remain at $7,213,239.
RESOLUTION 23-093
PAGE/WALIA MOVED TO ADOPT A BUDGET RESOLUTION TO ADJUST
BUDGETS NEEDED IN EXISTING ARPA FUNDED PROJECTS AS WELL AS
SEVERAL NEW ARPA QUALIFIED PROJECTS AND AUTHORIZE THE
ADMINISTRATIVE SERVICES DIRECTOR, WITH THE APPROVAL OF THE
CITY MANAGER, TO FURTHER ADJUST THE BUDGET FOR ANY SPECIFIC
PROJECT IN THE ARPA STATE AND LOCAL FISCAL RECOVERY FUNDS (SLFRF) CAPITAL IMPROVEMENT PROGRAM (CIP) IN FUTURE, PROVIDED
THAT THE TOTAL BUDGET ALLOCATION FOR ARPA FUNDS REMAIN AT $7,213,239. MOTION PASSED BY THE FOLLOWING VOTE : AYES: FITZSIMMONS, PAGE, WALIA, AFTAB, ZHAO. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE .
ABSENT: NONE.
1.8. Out-of-State Travel Request
Recommended Action:
Approve travel for an out-of-state trip for Mayor Yan Zhao.
ZHAO/WALIA MOVED TO APPROVE TRAVEL FOR AN OUT -OF-STATE TRIP FOR MAYOR YAN ZHAO. MOTION PASSED BY THE FOLLOWING VOTE : AYES:
PAGE, WALIA, AFTAB, ZHAO. NOES: FITZSIMMONS. ABSTAIN: NONE. RECUSED:
NONE. ABSENT: NONE.
2. GENERAL BUSINESS
2.1. Annual Comprehensive Financial Report (ACFR)
Recommended Action:
Receive and file the Annual Comprehensive Financial Report (ACFR) and related reports and direct City staff to prepare and post the City’s Annual Financial Transactions Report using the financial statements contained in the ACFR and in accordance with State law.
Ryan Hinchman, Administrative Services Director, presented the staff report.
Mayor Zhao invited public comment.
No one requested to speak.
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WALIA/PAGE MOVED TO RECEIVE AND FILE THE ANNUAL
COMPREHENSIVE FINANCIAL REPORT (ACFR) AND RELATED REPORTS AND DIRECT CITY STAFF TO PREPARE AND POST THE CITY’S ANNUAL
FINANCIAL TRANSACTIONS REPORT USING THE FINANCIAL STATEMENTS CONTAINED IN THE ACFR AND IN ACCORDANCE WITH STAT E LAW.
MOTION PASSED BY THE FOLLOWING VOTE : AYES: FITZSIMMONS, PAGE, WALIA, AFTAB, ZHAO. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE.
ABSENT: NONE.
2.2. Resolution Renaming the Library and Community Engagement Commission to the Library and Public Art Commission
Recommended Action:
1. Adopt the resolution to disband the Public Art Commission.
2. Adopt the resolution renaming the Library and Community Engagement Commission to the Library and Public Art Commission and determine the number of members of the Commission.
3. Adopt the resolution to amend the Public Art Policy, CCP-002.
4. Provide direction on the manner of selecting new members of the new Library and Public Art Commission.
Leslie Arroyo, Assistant City Manager, presented the staff report.
Mayor Zhao invited public comment.
No one requested to speak.
ZHAO/WALIA MOVED TO NOT DISBAND THE PUBLIC ART COMMISSION.
Additional discussion took place.
RESOLUTION 23-094
RESOLUTION 23-095
PAGE/FITZSIMMONS MOVED TO ADOPT THE RESOLUTION DISBANDING THE
PUBLIC ART COMMISSION AND ADOPT THE RESOLUTION RENAMING THE
LIBRARY AND COMMUNITY ENGAGEMENT COMMISSION TO THE LIBRARY AND PUBLIC ART COMMISSION TO BE MADE UP OF SEVEN MEMBERS.
MOTION PASSED BY THE FOLLOWING VOTE : AYES: FITZSIMMONS, PAGE, AFTAB. NOES: WALIA, ZHAO. ABSTAIN: NONE. RECUSED: NONE. ABSENT:
NONE.
Additional discussion took place.
AFTAB/PAGE MOVED TO ADOPT THE RESOLUTION TO A MEND THE PUBLIC ART POLICY, CCP -002 AMENDING 3C TO STRIKE REFERENCE TO “GRAFFITI-LIKE STYLE ARTWORK”.
Additional discussion took place.
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After further discussion and upon the recommendation of the City Attorney, Vice Mayor Aftab withdrew his motion.
ZHAO/PAGE MOVED TO BRING BACK PUBLIC ART POLICY FOR FUTURE DISCUSSION. MOTION PASSED BY THE FOLLOWING VOTE : AYES:
FITZSIMMONS, PAGE, WALIA, AFTAB, ZHAO. NOES: NONE. ABSTAIN: NONE.
RECUSED: NONE. ABSENT: NONE.
RESOLUTION 23-096
PAGE/FITZSIMMONS MOVED TO ADOPT THE RESOLUTION TO AMEND THE PUBLIC ART POLICY, CCP -002 REFLECTING THE NEW NAME OF THE COMMISSION. MOTION PASSED BY THE FOLLOWING VOTE : AYES:
FITZSIMMONS, PAGE, WALIA, AFTAB, ZHAO. NOES: NONE. ABSTAIN: NONE.
RECUSED: NONE. ABSENT: NONE.
AFTAB/WALIA MOVED TO APPOINT THE TWO FORMER PUBLIC ART
COMMISSIONERS TO THE LIBRARY AND PUBLIC ART COMMISSION.
MOTION PASSED BY THE FOLLOWING VOTE : AYES: FITZSIMMONS, PAGE, WALIA, AFTAB, ZHAO. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE.
ABSENT: NONE.
PAGE/AFTAB MOVED TO EXTEND THE RECRUITMENT FOR THE LIBRARY
AND PUBLIC ART COMMISSION TO END AFTER THE FEBRUARY
COMMISSION MEETING. MOTION PASSED BY THE FOLLOWING VOTE : AYES:
FITZSIMMONS, PAGE, WALIA, AFTAB, ZHAO. NOES: NONE. ABSTAIN: NONE.
RECUSED: NONE. ABSENT: NONE.
2.3. Commission Local Appointments List and Terms Expiring in 2024 Recommended Action:
Adopt the Local Appointments List for terms expiring in the 2024 calendar year and direct the City Clerk to post on the City’s website.
Britt Avrit, City Clerk, presented the staff report.
Mayor Zhao invited public comment.
No one requested to speak.
WALIA/PAGE MOVED TO ADOPT THE LOCAL APPOINTMENTS LIST FOR TERMS EXPIRING IN THE 2024 CALENDAR YEAR AND DIRECT THE CITY CLERK TO POST ON THE CITY’S WEBSITE. MOTION PASSED BY THE FOLLOWING VOTE: AYES: FITZSIMMONS, PAGE, WALIA, AFTAB, ZHAO. NOES:
NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE.
2.4. Annual Code Update for 2024
Recommended Action:
Review the proposed cleanup amendments to the City Code and direct staff to prepare an ordinance implementing the amendments that the City Council would like brought forward for consideration by the City Council.
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Richard Taylor, City Attorney, presented the staff report.
Mayor Zhao invited public comment.
No one requested to speak.
PAGE MOVED TO PREPARE AN ORDINANCE IMPLEMENTING THE
AMENDMENTS PROPOSED BY STAFF EXCEPT FOR THE PROPOSED CHANGE TO SECTIONS 15-50.140 AND .150.
Mayor Zhao requested a friendly amendment to include the proposed change to Section 15-
50.140 and .150.
PAGE/WALIA MOVED TO PREPARE AN ORDINANCE IMPLEMENTING THE
AMENDMENTS PROPOSED BY STAFF EXCEPT FOR THE PROPOSED CHANGE TO SECTIONS 15-50.140 AND .150. MOTION PASSED BY THE FOLLOWING VOTE:
AYES: FITZSIMMONS, PAGE, WALIA, AFTAB, ZHAO. NOES: NONE. ABSTAIN:
NONE. RECUSED: NONE. ABSENT: NONE.
AFTAB/ZHAO MOVED TO PREPARE AN ORDINANCE IMPLEMENTING
PROPOSED CHANGES TO SECTIONS 15-50.140 AND .150. MOTION FAILED BY THE FOLLOWING VOTE : AYES:AFTAB, ZHAO. NOES: FITZSIMMONS, PAGE, WALIA. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE.
2.5. Consideration of Procurement of Consultant Services for City Manager Recruitment Recommended Action:
Authorize the Human Resources Manager to distribute Request for Proposals (RFPs) to executive recruitment firms to coordinate the City Manager recruitment and selection process.
Richard Taylor, City Attorney, presented the staff report.
Mayor Zhao invited public comment.
The following individuals spoke: Bill Dalton
PAGE/WALIA MOVED TO AUTHORIZE THE HUMAN RESOURCES MANAGER
TO DISTRIBUTE REQUEST FOR PROPOSALS (RFPS) TO EXECUTIVE
RECRUITMENT FIRMS TO COORDINATE THE CITY MANAGER
RECRUITMENT AND SELECTION PROCESS. MOTION PASSED BY THE FOLLOWING VOTE: AYES: FITZSIMMONS, PAGE, WALIA, AFTAB, ZHAO. NOES:
NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE.
ZHAO/PAGE MOVED TO SCHEDULE THE IN -PERSON INTERVIEWS FOR JANUARY 9, 2024 , AT 4:00 P.M. MOTION PASSED BY THE FOLLOWING VOTE:
AYES: FITZSIMMONS, PAGE, WALIA, AFTAB, ZHAO. NOES: NONE. ABSTAIN:
NONE. RECUSED: NONE. ABSENT: NONE.
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2.6. Adoption of City Council Assignments
Recommended Action:
Adopt the Resolution establishing City Council assignments for calendar year 2024.
Britt Avrit, City Clerk, presented the staff report.
Mayor Zhao invited public comment.
No one requested to speak.
The City Council discussed the time conflicts of a couple of ‘Alternate’ assignments.
RESOLUTION 23-097
WALIA/AFTAB MOVED TO ADOPT THE RESOLUTION ESTABLISHING CITY COUNCIL ASSIGNMENTS AS AMENDED FOR CALENDAR YEAR 2024. MOTION PASSED BY THE FOLLOWING VOTE : AYES: FITZSIMMONS, PAGE, WALIA, AFTAB, ZHAO. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE.
COUNCIL ASSIGNMENTS
Council Member Kookie Fitzsimmons
Hakone Foundation Executive Board - stated 2024 events have been booked and fundraising for the koi pond renovations continues.
Council Member Tina Walia
Silicon Valley Clean Energy Authority Board of Directors - stated the Board held an end-of the year event, approved continuing the 4% discount from PG&E rates for 2024, set aside funding for community and customer programs, and set aside funding for potential grants for de-carbonization projects, and the solar tariff has been delayed to be inline with PG&E.
Council Member Chuck Page
West Valley Sanitation District Board of Directors – stated the Board discussed continuing their current investments as they have in the past due to penalties for making changes.
Vice Mayor Belal Aftab
Nothing to report
Mayor Yan Zhao
Nothing to report
CITY COUNCIL ITEMS
None
COUNCIL COMMUNICATIONS
Council Member Page discussed locations to obtain and fill sandbags, suggested residents keep an eye on their trees with the upcoming weather , and discussed California’s I nsurance Commissioner’s recent speech.
CITY MANAGER'S REPORT
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The City Manager wished everyone happy holidays and Happy New Year.
CITY ATTORNEY'S REPORT
None
ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS; VIRTUAL ATTENDEES
No one requested to speak.
ADJOURNMENT
Mayor Zhao adjourned the meeting at 9:09 p.m.
Minutes respectfully submitted:
Britt Avrit, City Clerk
City of Saratoga