Saratoga City Council Minutes ~ June 19, 2024 ~ Page 1 of 10
MINUTES
WEDNESDAY, JUNE 19, 2024
SARATOGA CITY COUNCIL REGULAR MEETING
At 6:30 p.m., the City Council held an interview for the Historic Preservation Commission.
WALIA/PAGE MOVED TO APPOINT BILL COOPER TO THE HERITAGE PRESERVATION COMMISSION FOR A PARTIAL TERM ENDING DECEMBER 31, 2025. MOTION PASSED BY THE FOLLOWING VOTE: AYES: FITZSIMMONS, PAGE, WALIA, AFTAB, ZHAO. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT:
NONE.
Mayor Zhao invited public comment.
No one requested to speak.
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 June 13, 2024.
ORAL COMMUNICATIONS ON NON- AGENDIZED ITEM S; IN-PERSON
ATTENDEES
The following individuals spoke at this time:
Michael Saari discussed weeds in Saratoga and Santa Clara County.
Eric Matthews, Sue Bozzini, Josephine Kawanami, Jean Raby, and Dennis Jamison discussed voter databases and elections.
ANNOUNCEMENTS
Mayor Zhao shared information about “Let’s Hike Saratoga” event, July 4th Celebration, “America the Beautiful” event, the Saratoga Classic & Cool Car Show, and the July Summer Movie Night.
Saratoga City Council Minutes ~ June 19, 2024 ~ Page 2 of 10
PUBLIC HEARINGS
2.1. Landscaping & Lighting Assessment District LLA-1 - Public Hearing for Proposition 218 Protest Election for the Annexation of a New Zone 42A (Gardiner Park) and Confirmation of Assessments for FY 24-25
Recommended Action:
Conduct the public hearing and following consideration of public comments adopt the Resolution Ordering the Improvements and Confirming the Diagram and Assessments for FY 24-25.
John Cherbone, Public Works Director, presented the staff report.
Mayor Zhao invited public comment.
No one requested to speak.
Mayor Zhao continued this item until counting of the ballots was complete.
The City Council returned to this item after ballots were tabulated.
Britt Avrit, City Clerk , presented the results of the ballots submitted for New Zone 42A (Gardiner Park); 45 ballots received; 22 yes, 23 no.
No action required; the annexation is not approved.
2.2. Landscaping & Lighting Assessment District LLA-1 - Public Hearing for Proposition 218 Protest Election for the Annexation of a New Zone 47 (Padero) and Confirmation of Assessments for FY 24-25
Recommended Action:
Conduct the public hearing and following consideration of public comments adopt the Resolution Ordering the Improvements and Confirming the Diagram and Assessments for FY 24-25.
John Cherbone, Public Works Director, presented the staff report.
Mayor Zhao invited public comment.
No one requested to speak.
Mayor Zhao continued this item until counting of the ballots was complete.
The City Council returned to this item after ballots were tabulated.
Britt Avrit, City Clerk , presented the results of the ballots submitted for New Zone 47 (Padero); 12 ballots received; 11 yes, 1 no.
RESOLUTION 24-042
PAGE/WALIA MOVED TO ACCEPT THE RESULTS OF THE BALLOTING FOR THE ANNEXATION OF A NEW ZONE 47 (PADERO) AND ADOPT THE
RESOLUTION ORDERING THE IMPROVEMENTS AND CONFIRMING THE DIAGRAM AND ASSESSMENTS FOR FY 24- 25. MOTION PASSED BY THE FOLLOWING VOTE: AYES: FITZSIMMONS, PAGE, WALIA, AFTAB, ZHAO. NOES:
NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE.
Saratoga City Council Minutes ~ June 19, 2024 ~ Page 3 of 10
2.3. Landscaping & Lighting Assessment District LLA-1 - Public Hearing for Proposition 218 Protest Election for the Annexation of a New Zone 48 (Glen Una) and Confirmation of Assessments for FY 24-25
Recommended Action:
Conduct the public hearing and following consideration of public comments adopt the Resolution Ordering the Improvements and Confirming the Diagram and Assessments for FY 24-25.
John Cherbone, Public Works Director, presented the staff report.
Mayor Zhao invited public comment.
No one requested to speak.
Mayor Zhao continued this item until counting of the ballots was complete.
The City Council returned to this item after ballots were tabulated.
Britt Avrit, City Clerk, presented the results of the ballots submitted for New Zone 48 (Glen Una); 58 ballots received; 40 yes, 18 no.
RESOLUTION 24-043
PAGE/WALIA MOVED TO ACCEPT THE RESULTS OF THE BALLOTING FOR THE ANNEXATION OF A NEW ZONE 48 (GLEN UNA) AND ADOPT THE
RESOLUTION ORDERING THE IMPROVEMENTS AND CONFIRMING THE DIAGRAM AND ASSESSMENTS FOR FY 24- 25. 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 June 5, 2024, City Council Regular Meeting.
PAGE/AFTAB MOVED TO APPROVE THE MINUTES FOR THE JUNE 5, 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 05/30/2024 and 06/06/2024 accounts payable vendor payment check registers.
Saratoga City Council Minutes ~ June 19, 2024 ~ Page 4 of 10
PAGE/AFTAB MOVED TO REVIEW AND ACCEPT THE 05/30/2024 AND 06/06/2024 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. Budget Adoption for the Fiscal Year Beginning July 1, 2024 Recommended Action:
Approve a Resolution adopting the City’s Budget for the fiscal year beginning July 1, 2024.
RESOLUTION 24-037
PAGE/AFTAB MOVED TO APPROVE A RESOLUTION ADOPTING THE CITY’S BUDGET FOR THE FISCAL YEAR BEGINNING JULY 1, 2024. MOTION PASSED BY THE FOLLOWING VOTE: AYES: FITZSIMMONS, PAGE, WALIA, AFTAB, ZHAO.
NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE.
1.4. Resolution Establishing the Appropriations Limit for Fiscal Year 2024-25 Recommended Action:
Adopt a Resolution establishing the City’s appropriations limit for Fiscal Year 2024-25.
RESOLUTION 24-038
PAGE/AFTAB MOVED TO ADOPT A RESOLUTION ESTABLISHING THE CITY’S APPROPRIATIONS LIMIT FOR FISCAL YEAR 2024-25. MOTION PASSED BY THE FOLLOWING VOTE: AYES: FITZSIMMONS, PAGE, WALIA, AFTAB, ZHAO. NOES:
NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE.
1.5. Resolution to Establish the FY 2024-25 Property Tax Levy for the Arrowhead Community Facility District 2018 Bond Debt Service
Recommended Action:
Adopt the Resolution that sets the Fiscal Year 2024-25 property tax levy rate for the Arrowhead Community Facility District’s (CFD) 2018 Bond's debt service payment at $6,500 per parcel for the remaining eighteen (18) participating property owners.
RESOLUTION 24-039
PAGE/AFTAB MOVED TO ADOPT THE RESOLUTION THAT SETS THE FISCAL YEAR 2024 -25 PROPERTY TAX LEVY RATE FOR THE ARROWHEAD
COMMUNITY FACILITY DISTRICT’S (CFD) 2018 BOND'S DEBT SERVICE PAYMENT AT $6,500 PER PARCEL FOR THE REMAINING EIGHTEEN (18) PARTICIPATING PROPERTY OWNERS. MOTION PASSED BY THE FOLLOWING VOTE: AYES: FITZSIMMONS, PAGE, WALIA, AFTAB, ZHAO. NOES: NONE.
ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE.
1.6. Resolution to Establish Fiscal Year 2024-25 Tax Levy Rate for the Library Series 2011 General Obligation Bonds Debt Service
Recommended Action:
Adopt the Resolution establishing the Fiscal Year 2024-25 Tax Levy Rate for the Library Series 2011 General Obligation Bonds Debt Service at $0.0040 per $100 of Secured Assessed Value.
Saratoga City Council Minutes ~ June 19, 2024 ~ Page 5 of 10
RESOLUTION 24-040
PAGE/AFTAB MOVED TO ADOPT THE RESOLUTION ESTABLISHING THE FISCAL YEAR 2024 -25 TAX LEVY RATE FOR THE LIBRARY SERIES 2011 GENERAL OBLIGATION BONDS DEBT SERVICE AT $0.0040 PER $100 OF SECURED ASSESSED VALUE. MOTION PASSED BY THE FOLLOWING VOTE:
AYES: FITZSIMMONS, PAGE, WALIA, AFTAB, ZHAO. NOES: NONE. ABSTAIN:
NONE. RECUSED: NONE. ABSENT: NONE.
1.7. Theater Portable License Agreement
Recommended Action:
Authorize the City Manager to sign the Theater Portable License Agreement between the City of Saratoga and the South Bay Musical Theatre.
PAGE/AFTAB MOVED TO AUTHORIZE THE CITY MANAGER TO SIGN THE
THEATER PORTABLE LICENSE AGREEMENT BETWEEN THE CITY OF
SARATOGA AND THE SOUTH BAY MUSICAL THEATRE. MOTION PASSED BY THE FOLLOWING VOTE: AYES: FITZSIMMONS, PAGE, WALIA, AFTAB, ZHAO.
NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE.
1.8. Santa Clara County Library District StoryWalk Memorandum of Understanding (MOU)
Recommended Action:
Approve the Santa Clara County Library District StoryWalk Memorandum of Understanding (MOU).
PAGE/AFTAB MOVED TO APPROVE THE SANTA CLARA COUNTY LIBRARY DISTRICT STORYWALK MEMORANDUM OF UNDERSTANDING (MOU).
MOTION PASSED BY THE FOLLOWING VOTE: AYES: FITZSIMMONS, PAGE, WALIA, AFTAB, ZHAO. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE.
ABSENT: NONE.
1.9. Ordinance for Zoning Reclassification for Saratoga Retirement Community Master Plan Update (application PDR19-0023/ARB19-0039/GEO19-0013/ZOA19-0004/ENV19- 0005; 14500 Fruitvale Avenue (397-12-012 & 397-12-019 & 397-40-006).
Recommended Action:
Adopt the Ordinance approving a Zoning Reclassification from R-1-40,000 to R-1-40,000 P-C (Planned Combined District) (ZOA19-0004), for 37.17 acres located at 14500 Fruitvale Avenue (APN’s 397-12-012 & 397-12-019 & 397-40-006).
ORDINANCE 401
PAGE/AFTAB MOVED TO ADOPT THE ORDINANCE APPROVING A ZONING RECLASSIFICATION FROM R- 1-40,000 TO R -1-40,000 P -C (PLANNED COMBINED DISTRICT) (ZOA19 -0004), FOR 37.17 ACRES LOCATED AT 14500 FRUITVALE AVENUE (APN’S 397 -12-012 & 397- 12-019 & 397- 40-006). MOTION PASSED BY THE FOLLOWING VOTE: AYES: FITZSIMMONS, PAGE, AFTAB, ZHAO.
NOES: WALIA. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE.
Saratoga City Council Minutes ~ June 19, 2024 ~ Page 6 of 10
1.10. No Parking Anytime Zone on Three Oaks Way
Recommended Action:
Adopt the Motor Vehicle resolution authorizing a No Parking Anytime zone on both sides of Three Oaks Way for the full length of the street.
RESOLUTION MV 334
PAGE/AFTAB MOVED TO ADOPT THE MOTOR VEHICLE RESOLUTION
AUTHORIZING A NO PARKING ANYTIME ZONE ON BOTH SIDES OF THREE OAKS WAY FOR THE FULL LENGTH OF THE STREET. MOTION PASSED BY THE FOLLOWING VOTE: AYES: FITZSIMMONS, PAGE, WALIA, AFTAB, ZHAO.
NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE.
1.11. Two-Hour Parking Zone at 12850 Saratoga Avenue
Recommended Action:
Adopt the Motor Vehicle resolution authorizing a two-hour parking zone on the southeast side of Saratoga Avenue in front of 12850 Saratoga Avenue for 210 feet.
RESOLUTION MV 335
PAGE/AFTAB MOVED TO ADOPT THE MOTOR VEHICLE RESOLUTION
AUTHORIZING A TWO-HOUR PARKING ZONE ON THE SOUTHEAST SIDE OF SARATOGA AVENUE IN FRONT OF 12850 SARATOGA AVENUE FOR 210 FEET.
MOTION PASSED BY THE FOLLOWING VOTE: AYES: FITZSIMMONS, PAGE, WALIA, AFTAB, ZHAO. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE.
ABSENT: NONE.
1.12. Transportation Development Act (TDA) Article 3 Application for the Saratoga Avenue Walkway Project
Recommended Action:
Adopt a resolution supporting the Metropolitan Transportation Commission’s Transportation Development Act Article 3 Pedestrian/Bicycle Grant Application for the Saratoga Avenue Walkway Project.
RESOLUTION 24-041
PAGE/AFTAB MOVED TO ADOPT A RESOLUTION SUPPORTING THE
METROPOLITAN TRANSPORTATION COMMISSION’S TRANSPORTATION DEVELOPMENT ACT ARTICLE 3 PEDESTRIAN/BICYCLE GRANT
APPLICATION FOR THE SARATOGA AVENUE WALKWAY PROJECT. MOTION PASSED BY THE FOLLOWING VOTE: AYES: FITZSIMMONS, PAGE, WALIA, AFTAB, ZHAO. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE.
Saratoga City Council Minutes ~ June 19, 2024 ~ Page 7 of 10
2. PUBLIC HEARINGS
2.4. Landscaping & Lighting Assessment District LLA-1 - Public Hearing, Approval of Engineer’s Report, and Confirmation of Assessments for FY 24-25 Recommended Action:
Conduct the public hearing and following consideration of public comments adopt the Resolution Ordering the Improvements and Confirming the Diagram and Assessments for FY 24-25.
John Cherbone, Public Works Director, presented the staff report.
Mayor Zhao invited public comment.
No one requested to speak.
RESOLUTION 24-045
PAGE/FITZSIMMONS MOVED TO ADOPT THE RESOLUTION ORDERING THE
IMPROVEMENTS AND CONFIRMING THE DIAGRAM AND ASSESSMENTS FOR FY 24-25 FOR LANDSCAPING & LIGHTING ASSESSMENT DISTRICT LLA-
1. MOTION PASSED BY THE FOLLOWING VOTE: AYES: FITZSIMMONS, PAGE, WALIA, AFTAB, ZHAO. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE.
ABSENT: NONE.
2.5. Introduce and Waive First Reading of an Ordinance Approving Amending Chapter 15 (Zoning Regulations) of the Saratoga City Code to Implement the Programs of the 2023- 2031 Housing Element.
Recommended Action:
Following the public hearing, introduce and waive the first reading of an ordinance amending Chapter 15 (Zoning Regulations) of the Saratoga City Code to implement the programs of the 2023-2031 Housing Element and direct staff to place the ordinance on the consent calendar for adoption at the next regular meeting.
Bryan Swanson Community Development Director, presented the staff report.
Mayor Zhao invited public comment.
No one requested to speak.
WALIA/AFTAB MOVED TO INTRODUCE AND WAIVE THE FIRST READING OF AN ORDINANCE AMENDING CHAPTER 15 (ZONING REGULATIONS) OF THE SARATOGA CITY CODE TO IMPLEMENT THE PROGRAMS OF THE 2023 -2031
HOUSING ELEMENT AND DIRECT STAFF TO PLACE THE ORDINANCE ON
THE CONSENT CALENDAR FOR ADOPTION AT THE NEXT REGULAR
MEETING. MOTION PASSED BY THE FOLLOWING VOTE: AYES: FITZSIMMONS, PAGE, WALIA, AFTAB, ZHAO. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE.
ABSENT: NONE.
Saratoga City Council Minutes ~ June 19, 2024 ~ Page 8 of 10
2.6. Annual Code Update for 2024
Recommended Action:
Conduct the public hearing, introduce and waive the first reading of an ordinance amending City Code provisions concerning scheduling of appeal hearings (section 2-05.030); scheduling City Council meetings (2-10.010); Commissioner qualifications and terms (2-
12.020 and .030); security alarms (4-06.110); motion picture filming (4-60.080); civil defense and disaster (Article 6-05); commercial marijuana activity (6-30.020); driveway approaches (14-25.030); Zoning Ordinance provisions pertaining to short term rentals (15-
06.360), fence height at driveway intersections (15-29.010), creek setbacks (15-45.045), tree regulations (Article 15-50), and replacement housing units (15-80.150); and reorganization of certain definitions in the Sustainability Ordinance (17-10.010); and direct staff to place the ordinance on the consent calendar for adoption at the next regular meeting of the City Council.
Richard Taylor, City Attorney, presented the staff report.
Mayor Zhao invited public comment.
No one requested to speak.
WALIA/PAGE MOVED TO INTRODUCE AND WAIVE THE FIRST READING OF
AN ORDINANCE AMENDING CITY CODE PROVISIONS CONCERNING
SCHEDULING OF APPEAL HEARINGS (SECTION 2-05.030); SCHEDULING CITY COUNCIL MEETINGS (2 -10.010); COMMISSIONER QUALIFICATIONS AND TERMS (2-12.020 AND .030); SECURITY ALARMS (4-06.110); MOTION PICTURE FILMING (4 -60.080); CIVIL DEFENSE AND DISASTER (ARTICLE 6 -05); COMMERCIAL MARIJUANA ACTIVITY (6 -30.020); DRIVEWAY APPROACHES (14-25.030); ZONING ORDINANCE PROVISIONS PERTAINING TO SHORT TERM RENTALS (15-06.360), FENCE HEIGHT AT DRIVEWAY INTERSECTIONS (15-29.010), CREEK SETBACKS (15-45.045), TREE REGULATIONS (ARTICLE 15- 50), AND REPLACEMENT HOUSING UNITS (15 -80.150); AND
REORGANIZATION OF CERTAIN DEFINITIONS IN THE SUSTAINABILITY ORDINANCE (17-10.010); 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. RECUSED: NONE. ABSENT: NONE.
3. GENERAL BUSINESS
3.1. Authorize Contract for FY23/24 for Pavement Management Program Project in the Amount Not to Exceed $3,439,646
Recommended Actions:
1. Declare G. Bortolotto & Company to be the lowest responsible bidder on the project.
2. Award a Construction Contract to G. Bortolotto & Company in the amount of $3,124,646 and authorize the City Manager to execute the same.
3. Authorize staff to execute change orders to the contract up to $315,000 (10%).
Emma Burkhalter, Associate Civil Engineer, presented the staff report.
Saratoga City Council Minutes ~ June 19, 2024 ~ Page 9 of 10
Mayor Zhao invited public comment.
No one requested to speak.
PAGE/WALIA MOVED TO DECLARE G. BORTOLOTTO & COMPANY TO BE THE LOWEST RESPONSIBLE BIDDER ON THE PROJECT; AWARD A
CONSTRUCTION CONTRACT TO G. BORTOLOTTO & COMPANY IN THE AMOUNT OF $3,124,646 AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE SAME; AUTHORIZE STAFF TO EXECUTE CHANGE ORDERS TO THE CONTRACT UP TO $315,000 (10%). 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
Nothing to report.
Council Member Tina Walia 753
Silicon Valley Clean Energy Authority Board of Directors – stated the Board approved maintaining the 4% discount rate for all retail rates, set expectations for 2025 power mix, allocated funding for electrification technical support for member cities , and received an update on the California Community Choice Financing Authority International Climate Bond Recognition.
Cities Association of Santa Clara County Legislative Action Committee – stated the Committee had two guest speakers.
Cities Association of Santa Clara County Board of Directors – stated the Board held a summer event in June.
Council Member Chuck Page
Nothing to report.
Vice Mayor Belal Aftab
Nothing to report.
Mayor Yan Zhao
West Valley Sanitation District Board of Directors – stated the Board held a Closed Session with nothing to report; in open session the Board amended the compensation plan for District Manager and Operating & Maintenance Units, and approved the budget.
Disaster Council – stated the Disaster Council received emergency planning updates and approved upcoming training schedules.
Santa Clara County Library District Board of Directors – stated the Board adopted the FY 24/25 budget and accepted the independent audit report.
CITY COUNCIL ITEMS
None
COUNCIL COMMUNICATIONS
None.
Saratoga City Council Minutes ~ June 19, 2024 ~ Page 10 of 10
ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS; VIRTUAL ATTENDEES
No one requested to speak.
CEREMONIAL ITEM
Outgoing City Manager Recognition
Recommended Action:
Recognize outgoing City Manager, James Lindsay
The City Council recognized outgoing City Manager, James Lindsay.
Assistant Sheriff Rich Urena and Under Sheriff Ken Binder , Pablo Velasquez on behalf of Assemblyman Marc Berman , and Peter Estanial on behalf of Supervisor Joe Simitian recognized James Lindsay for his service to the community.
Mayor Zhao invited public comment.
The following individuals spoke at this time: Howard Miller, Shozo, Emily Lo, Gene Zambetti Fire Protection District, Jill Hunter, Manny Capello and Lisa Oakley, Mary Lynn Bernald, Mike Workman, Liz Gibbons
CITY ATTORNEY'S REPORT
The City Attorney recognized outgoing City Manager, James Lindsay.
ADJOURNMENT
Mayor Zhao adjourned the meeting at 8:56 p.m.
Minutes respectfully submitted:
Britt Avrit, City Clerk
City of Saratoga