Saratoga City Council Minutes ~ March 20, 2024 ~ Page 1 of 6
MINUTES
WEDNESDAY, MARCH 20 2024
SARATOGA CITY COUNCIL REGULAR MEETING
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
Bryan Swanson, Community Development 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 March 14, 2024.
REPORT FROM CLOSED SESSION
Mayor Zhao stated the City Council held a Closed Session after the March 6, 2024, City Council meeting to review information regarding anticipated litigation with no reportable action.
ORAL COMMUNICATIONS ON NON- AGENDIZED ITEM S; IN-PERSON
ATTENDEES
The following individuals spoke at this time:
H. John Busque discussed Builders Remedy.
Bill Dalton discussed materials and presentations provided for City Council meetings.
ANNOUNCEMENTS
Mayor Zhao shared information about the Blossom Festival, “Let’s Work Volunteer Day”, and Arbor Day Celebration.
CEREMONIAL ITEM
Appointment of Planning Commissioner
Recommended Action:
Adopt the Resolution re-appointing Herman Zheng to the Planning Commission and direct the City Clerk to administer the Oath of Office.
RESOLUTION 24-011
Saratoga City Council Minutes ~ March 20, 2024 ~ Page 2 of 6
WALIA/PAGE MOVED TO ADOPT THE RESOLUTION RE- APPOINTING
HERMAN ZHENG TO THE PLANNING COMMISSION AND DIRECT THE CITY CLERK TO ADMINISTER THE OATH OF OFFICE. MOTION PASSED BY THE FOLLOWING VOTE: AYES: FITZSIMMONS, PAGE, WALIA, AFTAB, ZHAO. NOES:
NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE.
1. CONSENT CALENDAR
Mayor Zhao invited public comment.
No one requested to speak.
1.1. City Council Meeting Minutes
Recommended Action:
Approve the Minutes for the March 6, 2024, City Council Regular Meeting.
WALIA/PAGE MOVED TO APPROVE THE MINUTES FOR THE MARCH 6, 2024, 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. Accounts Payable Check Registers
Recommended Action:
Review and accept the 02/29/2024 and 03/07/2024 accounts payable vendor payment check registers.
WALIA/PAGE MOVED TO REVIEW AND ACCEPT THE 02/29/2024 AND 03/07/2024 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. Scenic Easement Encroachment for a new ADU at 21083 Comer Drive Recommended Action:
Adopt the Resolution approving encroachment into the scenic easement at 21083 Comer Drive.
RESOLUTION 24-012
WALIA/PAGE MOVED TO ADOPT THE RESOLUTION APPROVING
ENCROACHMENT INTO THE SCENIC EASEMENT AT 21083 COMER DRIVE.
MOTION PASSED BY THE FOLLOWING VOTE: AYES: FITZSIMMONS, PAGE, WALIA, AFTAB, ZHAO. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE.
ABSENT: NONE.
1.4. Resolution Adopting the City of Saratoga Local Hazard Mitigation Plan Recommended Action:
Adopt the Resolution adopting the City of Saratoga Annex of the 2023 Santa Clara County Multi-Jurisdictional Hazard Mitigation Plan as the City’s Local Hazard Mitigation Plan.
RESOLUTION 24-013
Saratoga City Council Minutes ~ March 20, 2024 ~ Page 3 of 6
WALIA/PAGE MOVED TO ADOPT THE RESOLUTION ADOPTING THE CITY OF SARATOGA ANNEX OF THE 2023 SANTA CLARA COUNTY MULTI -
JURISDICTIONAL HAZARD MITIGATION PLAN AS THE CITY’S LOCAL HAZARD MITIGATION PLAN. MOTION PASSED BY THE FOLLOWING VOTE:
AYES: FITZSIMMONS, PAGE, WALIA, AFTAB, ZHAO. NOES: NONE. ABSTAIN:
NONE. RECUSED: NONE. ABSENT: NONE.
2. PUBLIC HEARING
2.1. General Plan and Housing Element Update, Zoning Code Amendments, and Final Environmental Impact Report.
Recommended Actions:
1. Adopt Resolution included in Attachment A, to certify the Final Environmental Impact Report, which covers the entirety of the proposed Project, (including the 2023-2031 Housing Element Update, an update to the City’s Safety Element, the 2040 General Pla n Updates, which include updates to the City’s Land Use, Open Space and Conservation, and Circulation Elements, and amendments to the noise contour data and related maps of the City’s Noise Element (2040 General Plan Updates); associated General Plan amend ments to create new mixed-use land use designations and change the land use designations of certain sites in the Housing Element Update’s Housing Sites Inventory; amendments to the Zoning and Subdivision chapters of the Saratoga Municipal Code related to t he 2023- 2031 Housing Element Update; and Zoning Map Amendments related to the 2023- 2031 Housing Element Update), adoption of CEQA Findings, adoption of a Statement of Overriding Considerations for impacts that were found to be significant and unavoidable, adoption and incorporation into the Project all of the mitigation measures for the project, and adoption of the Mitigation Monitoring and Reporting Program.
2. Adopt Resolution included in Attachment B, to:
a. Repeal the 2015- 2023 Housing Element and adopt the 2023- 2031 Housing Element Update;
b. Repeal the 2013 Safety Element and adopt the updated Safety Element; c. Repeal the 2007 Land Use Element and adopt the updated Land Use Element; d. Repeal the 2017 Circulation and Scenic Highway Element and adopt the updated Circulation Element;
e. Repeal the 2010 Open Space and Conservation Element and adopt the updated Open Space and Conservation Element;
f. Amend the Noise Element to include updated noise contour data and related maps; and
3. Introduce and waive the first reading of the ordinance included in Attachment C, to adopt amendments to Chapter 14 (Subdivisions) and Chapter 15 (Zoning Regulations) of the Saratoga Municipal Code to implement the policies and programs in the new Housing Element and General Plan and update park fees, including amendments to the Zoning Map for properties proposed for re-zoning in the 2023-2031 Housing Element Update; and to make minor zoning corrections, and direct staff to place the ordinance on the cons ent calendar for adoption at the next regular meeting of the City Council.
Bryan Swanson, Community Development Director, presented the staff report.
Mayor Zhao invited public comment.
Saratoga City Council Minutes ~ March 20, 2024 ~ Page 4 of 6
The f ollowing individuals spoke at this t ime: Rachelle Cuccias, Josh Levine, Sahas Munamala, Srikala Munamala, Srujana Munamala, Prakhar Mehrotra, individual, Jim Atwell, Bernie Mills, Jo dy Tatro, Dr. Paul Borrill, Jerry Schaaf, Erica Cervantez, Chris Vasquez, Wayne Levenfeld, Himanshu Vasishth, Milad Mohammadi, Gunawan Poespowidjojo, Jason Nolet, Dave
RESOLUTION 24-014
WALIA/PAGE MOVED TO ADOPT THE RESOLUTION , AS MODIFIED BY THE
SUPPLEMENTAL MEMO , CERTIFYING THE FINAL ENVIRONMENTAL
IMPACT REPORT, WHICH COVERS THE ENTIRETY OF THE PROPOSED PROJECT, (INCLUDING THE 2023 -2031 HOUSING ELEMENT UPDATE, AN UPDATE TO THE CITY’S SAFETY ELEMENT, THE 2040 GENERAL PLAN UPDATES, WHICH INCLUDE UPDATES TO THE CITY’S LAND USE, OPEN
SPACE AND CONSERVATION, AND CIRCULATION ELEMENTS, AND
AMENDMENTS TO THE NOISE CONTOUR DATA AND RELATED MAPS OF THE CITY’S NOISE ELEMENT (2040 GENERAL PLAN UPDATES); ASSOCIATED
GENERAL PLAN AMENDMENTS T O CREATE NEW MIXED- USE LAND USE
DESIGNATIONS AND CHANGE THE LAND USE DESIGNATIONS OF CERTAIN SITES IN THE HOUSING ELEMENT UPDATE’S HOUSING SITES INVENTORY;
AMENDMENTS TO THE ZONING AND SUBDIVISION CHAPTERS OF THE SARATOGA MUNICIPAL CODE RELATED TO THE 2023 -2031 HOUSING ELEMENT UPDATE; AND ZONING MAP AMENDMENTS RELATED TO THE 2023-2031 HOUSING ELEMENT UPDATE), ADOPTION OF CEQA FINDINGS,
ADOPTION OF A STATEMENT OF OVERRIDING CONSIDERATIONS FOR
IMPACTS THAT WERE FOUND TO BE SIGNIFICANT AND UNAVOIDABLE,
ADOPTION AND INCORPORATION INTO THE PROJECT ALL OF THE
MITIGATION MEASURES FOR THE PROJECT, AND ADOPTION OF THE MITIGATION MONITORING AND REPORTING PROGRAM; MOTION PASSED BY THE FOLLOWING VOTE: AYES: FITZSIMMONS, PAGE, WALIA, AFTAB, ZHAO.
NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE.
RESOLUTION 24-015
WALIA/PAGE MOVED TO ADOPT THE RESOLUTION TO A) REPEAL THE 2015- 2023 HOUSING ELEMENT AND ADOPT THE 2023 -2031 HOUSING ELEMENT UPDATE; B ) REPEAL THE 2013 SAFETY ELEMENT AND ADOPT THE UPDATED SAFETY ELEMENT; C ) REPEAL THE 2007 LAND USE ELEMENT AND ADOPT THE UPDATED LAND USE ELEMENT; D) REPEAL THE 2017
CIRCULATION AND SCENIC HIGHWAY ELEMENT AND ADOPT THE
UPDATED CIRCULATION ELEMENT; E) REPEAL THE 2010 OPEN SPACE AND
CONSERVATION ELEMENT AND ADOPT THE UPDATED OPEN SPACE AND CONSERVATION ELEMENT; F ) AMEND THE NOISE ELEMENT TO INCLUDE
UPDATED NOISE CONTOUR DATA AND RELATED MAPS MOTION PASSED BY THE FOLLOWING VOTE: AYES: FITZSIMMONS, PAGE, WALIA, AFTAB, ZHAO.
NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE.
Saratoga City Council Minutes ~ March 20, 2024 ~ Page 5 of 6
WALIA/PAGE MOVED TO INTRODUCE AND WAIVE THE FIRST READING OF THE ORDINANCE ADOPTING AMENDMENTS TO CHAPTER 14
(SUBDIVISIONS) AND CHAPTER 15 (ZONING REGULATIONS) OF THE
SARATOGA MUNICIPAL CODE TO IMPLEMENT THE POLICIES AND
PROGRAMS IN THE NEW HOUSING ELEMENT AND GENERAL PLAN AND
UPDATE PARK FEES, INCLUDING AMENDMENTS TO THE ZONING MAP FOR PROPERTIES PROPOSED FOR RE -ZONING IN THE 2023 -2031 HOUSING ELEMENT UPDATE; AND TO MAKE MINOR ZONING CORRECTIONS, AND
DIRECT STAFF TO PLACE THE ORDINANCE ON THE CONSENT CALENDAR FOR ADOPTION AT THE NEXT REGULAR MEETING OF THE CITY COUNCIL.
MOTION PASSED BY THE FOLLOWING VOTE: AYES: FITZSIMMONS, PAGE, WALIA, AFTAB, ZHAO. NOES: NONE. ABSTAIN: NONE. R ECUSED: NONE.
ABSENT: NONE.
COUNCIL ASSIGNMENTS
Council Member Kookie Fitzsimmons
Nothing to report
Council Member Tina Walia
Silicon Valley Clean Energy Authority Board of Directors – stated the Board recognized outgoing CEO Girish Balachandran and welcomed incoming CEO Monica Padilla; received FY 22-23 Audit results, approved the Mid-Year Budget, approved funding allocations and a contract.
Cities Association of Santa Clara County Legislative Action Committee – stated Assembly Members Low and Berman presented their legislative priorities.
Cities Association of Santa Clara County Board of Directors – stated the Board received a presentation regarding Possessory Interest s from County Assessor Larry Stone and his team , approved a contract, and requested the Executive Director obtain a formal quote from Special District Risk Management Authority.
Council Member Chuck Page
Saratoga Chamber of Commerce Board – stated the Board discussed the Housing Element and businesses downtown.
Vice Mayor Belal Aftab
Valley Transportation Authority Policy Advisory Committee – stated Valley Transportation Authority has launched a naming contest for the boring machine to be used for BART.
Mayor Yan Zhao
Nothing to report
CITY COUNCIL ITEMS
None
COUNCIL COMMUNICATIONS
None
CITY MANAGER'S REPORT
Congratulated the City Council and thanked them for the work done with the Housing Element.
Saratoga City Council Minutes ~ March 20, 2024 ~ Page 6 of 6
CITY ATTORNEY'S REPORT
Congratulated the City Council and mentioned Saratoga has adopted the Housing Element and the associated implementing zoning earlier than other cities.
ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS; VIRTUAL ATTENDEES
The following individual spoke at this time:
No one requested to speak.
ADJOURNMENT
Mayor Zhao adjourned the meeting at 8:33 p.m.
Minutes respectfully submitted:
Britt Avrit, City Clerk
City of Saratoga