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Saratoga City Council
July 3, 2024

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July 3, 2024
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Saratoga City Council Minutes ~ July 3, 2024 ~ Page 1 of 7

MINUTES
WEDNESDAY, JULY 3, 2024

SARATOGA CITY COUNCIL REGULAR MEETING

At 6:00 p.m., the City Council held a Closed Session in the Linda Callon Conference Room.

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: Matt Morley, 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 27, 2024.

REPORT FROM CLOSED SESSION
Mayor Zhao stated the City Council met in Closed Session prior to the regular meeting with no reportable action.

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

ATTENDEES

The following individuals spoke at this time:

Naiema Din discussed her family’s experience with the war in Gaza.

Bill Dalton discussed information provided by speakers at a recent City Council meeting.

ANNOUNCEMENTS
Mayor Zhao shared information ab out the July 4th Celebration, “America the Beautiful”, “Let’s Hike,” and the City Council Summer Recess.

Saratoga City Council Minutes ~ July 3, 2024 ~ Page 2 of 7

CEREMONIAL ITEM

Appointment of Heritage Preservation Commissioner
Recommended Action:

Adopt the Resolution appointing Bill Cooper to the Heritage Preservation Commission and direct the City Clerk to administer the Oath of Office.

RESOLUTION 24-045

WALIA/FITZSIMMONS MOVED TO ADOPT THE RESOLUTION APPOINTING

BILL COOPER TO THE HERITAGE PRESERVATION COMMISSION AND DIRECT THE CITY CLERK TO ADMINISTER THE OATH OF OFFICE. MOTION PASSED BY THE FOLLOWING VOTE: AYES: FITZSIMMONS, PAGE, WALI, 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 at this time: Bill Dalton

Council Member Page requested Item 1.5 be pulled for separate discussion.

1.1. City Council Meeting Minutes
Recommended Action:

Approve the Minutes for the June 19, 2024, City Council Regular Meeting.

PAGE/FITZSIMMONS MOVED TO APPROVE THE MINUTES FOR THE JUNE 19, 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 06/13/2024 and 06/20/2024 accounts payable vendor payment check registers.

PAGE/FITZSIMMONS MOVED TO REVIEW AND ACCEPT THE 06/13/2024 AND 06/20/2024 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. Treasurer’s Report for the Month Ended May 31, 2024 Recommended Action:

Review and accept the Treasurer’s Report for the month ended May 31, 2024.

Saratoga City Council Minutes ~ July 3, 2024 ~ Page 3 of 7

PAGE/FITZSIMMONS MOVED TO REVIEW AND ACCEPT THE TREASURER’S REPORT FOR THE MONTH ENDED MAY 31, 2024. MOTION PASSED BY THE FOLLOWING VOTE: AYES: FITZSIMMONS, PAGE, WALIA, AFTAB, ZHAO. NOES:

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

1.4. Award Copier Lease Agreement
Recommended Action:

Adopt the Resolution to authorize the City Manager to enter into a five-year lease agreement with Toshiba Business Solutions for the City’s copier fleet in the amount of $111,820.

RESOLUTION 24-046

PAGE/FITZSIMMONS MOVED TO ADOPT THE RESOLUTION TO AUTHORIZE

THE CITY MANAGER TO ENTER INTO A FIVE -YEAR LEASE AGREEMENT WITH TOSHIBA BUSINESS SOLUTIONS FOR THE CITY’S COPIER FLEET IN THE AMOUNT OF $111,820. MOTION PASSED BY THE FOLLOWING VOTE: AYES:

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

RECUSED: NONE. ABSENT: NONE.

1.5. Extension of the agreement with Disability Access Consultants (DAC) until December 31, 2024
Recommended Action:

Authorize the City Manager to execute a contract extension with Disability Access Consultants (DAC) for Americans with Disability Act (ADA) Self-Evaluation and Transition Plan until December 31, 2024.

PAGE/FITZSIMMONS MOVED TO AUTHORIZE THE CITY MANAGER TO

EXECUTE A CONTRACT EXTENSION WITH DISABILITY ACCESS

CONSULTANTS (DAC) FOR AMERICANS WITH DISABILITY ACT (ADA) SELF- EVALUATION AND TRANSITION PLAN UNTIL DECEMBER 31, 2024. MOTION PASSED BY THE FOLLOWING VOTE: AYES: FITZSIMMONS, PAGE, WALIA, AFTAB, ZHAO. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE.

1.6. Contract for IT Support Services with ZAG Technical Services Recommended Action:

Authorize the City Manager to execute a three-year contract agreement with ZAG Technical Services (ZAG) for IT Support Services.

PAGE/FITZSIMMONS MOVED TO AUTHORIZE THE CITY MANAGER TO

EXECUTE A THREE-YEAR CONTRACT AGREEMENT WITH ZAG TECHNICAL SERVICES (ZAG) FOR IT SUPPORT SERVICES. MOTION PASSED BY THE FOLLOWING VOTE: AYES: FITZSIMMONS, PAGE, WALIA, AFTAB, ZHAO. NOES:

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

1.7. Contract for Microsoft licenses with SoftwareONE Recommended Action:

Authorize the City Manager to execute a three-year Microsoft Enterprise Agreement through SoftwareONE.

Saratoga City Council Minutes ~ July 3, 2024 ~ Page 4 of 7

PAGE/FITZSIMMONS MOVED TO AUTHORIZE THE CITY MANAGER TO

EXECUTE A THREE- YEAR MICROSOFT ENTERPRISE AGREEMENT
THROUGH SOFTWAREONE. MOTION PASSED BY THE FOLLOWING VOTE:

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

NONE. RECUSED: NONE. ABSENT: NONE.

1.8. Ordinance Amending Chapter 15 (Zoning Regulations) of the Saratoga City Code to Implement the Programs of the 2023-2031 Housing Element.

Recommended Action:

Waive reading and adopt the ordinance amending Chapter 15 (Zoning Regulations) of the Saratoga City Code to implement the programs of the 2023-2031 Housing Element.

ORDINANCE 402

PAGE/FITZSIMMONS MOVED TO WAIVE READING AND ADOPT THE
ORDINANCE AMENDING CHAPTER 15 (ZONING REGULATIONS) OF THE SARATOGA CITY CODE TO IMPLEMENT THE PROGRAMS OF THE 2023 -2031 HOUSING ELEMENT. MOTION PASSED BY THE FOLLOWING VOTE: AYES:

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

RECUSED: NONE. ABSENT: NONE.

1.9. Annual Code Update for 2024
Recommended Action:

Waive reading and adopt 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).

ORDINANCE 403

PAGE/FITZSIMMONS MOVED TO WAIVE READING AND ADOPT 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). MOTION PASSED BY THE FOLLOWING VOTE: AYES:

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

RECUSED: NONE. ABSENT: NONE.

Saratoga City Council Minutes ~ July 3, 2024 ~ Page 5 of 7

2. GENERAL BUSINESS

2.1. Evacuation Route Assessment
Recommended Action:

Authorize the City Manager to sign an agreement with Fehr and Peers to conduct an Evacuation Route Capacity Analysis in the amount of $54,000.

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

Mayor Zhao invited public comment.

No one requested to speak.

AFTAB/PAGE MOVED TO AUTHORIZE THE CITY MANAGER TO SIGN AN

AGREEMENT WITH FEHR AND PEERS TO CONDUCT AN EVACUATION
ROUTE CAPACITY ANALYSIS IN THE AMOUNT OF $54,000. MOTION PASSED BY THE FOLLOWING VOTE: AYES: FITZSIMMONS, PAGE, WALIA, AFTAB, ZHAO.

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

2.2. Parks Restrooms Renovations Project Award of Contract Recommended Actions:

1. Award a contract to Selway Construction in the amount of $294,999 for the Parks Restrooms Renovations Project.

2. Authorize a 15 percent contingency to execute change orders to the contract up to $44,250, for a total not to exceed $339,249.

John Cherbone, Public Works Director, presented the staff report.

Mayor Zhao invited public comment.

The following individual spoke at this time: Bill Dalton

WALIA/PAGE MOVED TO AWARD A CONTRACT TO SELWAY CONSTRUCTION IN THE AMOUNT OF $294,999 FOR THE PARKS RESTROOMS RENOVATIONS PROJECT AND AUTHORIZE A 15 PERCENT CONTINGENCY TO EXECUTE CHANGE ORDERS TO THE CONTRACT UP TO $44,250, FOR A TOTAL NOT TO EXCEED $339,249. MOTION PASSED BY THE FOLLOWING VOTE: AYES:

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

RECUSED: NONE. ABSENT: NONE.

2.3. Agreement with Urban Planning Partners to Commence Phase 2 of Housing Element Implementation and Agreement with Lisa Wise Consulting to Develop Objective Design and Development Standards for Housing Element Implementation Recommended Actions:

1. Authorize the City Manager to execute a new contract with Urban Planning Partners for consulting services on Phase 2 of Housing Element Implementation in the amount of $67,060.

2. Authorize the City Manager to execute a new contract with Lisa Wise Consulting for consulting services to development objective design and development standards for Housing Element implementation in the amount of $82,062.

Saratoga City Council Minutes ~ July 3, 2024 ~ Page 6 of 7

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

Mayor Zhao invited public comment.

No one requested to speak.

WALIA/FITZSIMMONS MOVED TO AUTHORIZE THE CITY MANAGER TO

EXECUTE A NEW CONTRACT WITH URBAN PLANNING PARTNERS FOR CONSULTING SERVICES ON PHASE 2 OF HOUSING ELEMENT
IMPLEMENTATION IN THE AMOUNT OF $67,060 AND AUTHORIZE THE CITY

MANAGER TO EXECUTE A NEW CONTRACT WITH LISA WISE CONSULTING

FOR CONSULTING SERVICES TO DEVELOP OBJECTIVE DESIGN AND

DEVELOPMENT STANDARDS FOR HOUSING ELEMENT IMPLEMENTATION IN THE AMOUNT OF $82,062. MOTION PASSED BY THE FOLLOWING VOTE:

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

NONE. RECUSED: NONE. ABSENT: NONE.

2.4. Resolution Renaming the Finance Committee to Finance Advisory Committee Recommended Action:

Adopt the Resolution to rename the Finance Committee to the Finance Advisory Committee.

Ryan Hinchman, Administrative Services Director, presented the staff report.

Mayor Zhao invited public comment.

No one requested to speak.

RESOLUTION 24-047

PAGE/FITZSIMMONS MOVED TO ADOPT THE RESOLUTION TO RENAME THE FINANCE COMMITTEE TO THE FINANCE ADVISORY COMMITTEE. 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
Silicon Valley Clean Energy Authority Board of Directors – stated the Board of Directors met in Closed Session with nothing to report.

Council Member Chuck Page
Nothing to report.

Vice Mayor Belal Aftab
Association of Bay Area Government (ABAG) General Assembly- stated fees are increasing which are largely funded by membership dues.

Saratoga City Council Minutes ~ July 3, 2024 ~ Page 7 of 7

Mayor Yan Zhao
West Valley Mayors and City Managers Association – stated she attended the meeting with nothing to report.

CITY COUNCIL ITEMS
None

COUNCIL COMMUNICATIONS
Council Member Fitzsimmons welcomed the new City Manager, Matt Morley and discussed the festivities taking place on July 4th.

CITY MANAGER’S REPORT
The City Manager thanked the members of the City Council, staff , and Saratoga residents for the warm welcome he’s received.

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 7:46 p.m.

Minutes respectfully submitted:

Britt Avrit, City Clerk
City of Saratoga

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