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SARATOGA (SANTACLARA COUNTY)Decisions publishedPartial coverage

City Council

Wednesday, October 2, 2024 · Government meeting record

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Saratoga City Council Minutes ~ October 2, 2024 ~ Page 1 of 5 MINUTES WEDNESDAY, OCTOBER 2, 2024 SARATOGA CITY COUNCIL REGULAR MEETING At 6:00 p.m., the City Council held a Joint Session with Hakone 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 September 26, 2024. REPORT FROM JOINT SESSION Mayor Zhao stated the City Council held a Joint Session at 6:00 p.m. with Hakone. Shozo Kagoshima, Executive Director of Hakone, Emily Lo, Board of Trustees-Chairperson and incoming Executive Director of Hakone, Meredith Lee provided a summary of the discussion during the Joint Session. ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS; IN-PERSON ATTENDEES No one requested to speak. ANNOUNCEMENTS Mayor Zhao shared information about State of the City Event, Health Fair at SASCC and Witchy Walk-A-Bout.

Saratoga City Council Minutes ~ October 2, 2024 ~ Page 2 of 5 CEREMONIAL ITEMS Commendation for Outgoing Parks & Recreation Commissioner Michelle Wang Recommended Action: Presentation of Commendation to Michelle Wang The City Council presented a Commendation to outgoing Parks & Recreation Commissioner Michelle Wang. Commendation for Saratoga Sister City, Muko 40th Anniversary Recommended Action: Presentation of Muko 40th Anniversary Commendation The City Council presented a Commendation regarding the Saratoga Sister City, Muko 40th Anniversary. 1. CONSENT CALENDAR Mayor Zhao invited public comment. No one requested to speak. 1.1. Accounts Payable Check Registers Recommended Action: Review and accept the 09/12/2024 and 09/19/2024 accounts payable vendor payment check registers. PAGE/WALIA MOVED TO REVIEW AND ACCEPT THE 09/12/2024 AND 09/19/2024 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. 1.2. Treasurer’s Report for the Month Ended July 31, 2024 Recommended Action: Review and accept the Treasurer’s Report for the month ended July 31, 2024. PAGE/WALIA MOVED TO REVIEW AND ACCEPT THE TREASURER’S REPORT FOR THE MONTH ENDED JULY 31, 2024. MOTION PASSED BY THE FOLLOWING VOTE: AYES: FITZSIMMONS, PAGE, WALIA, AFTAB, ZHAO. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE. 1.3. No Parking Anytime Zone in Front of 14005 Quito Road Recommended Action: Adopt the Motor Vehicle resolution authorizing a No Parking Anytime zone for approximately 156 feet in front of 14005 Quito Road. MV RESOLUTION 336

Saratoga City Council Minutes ~ October 2, 2024 ~ Page 3 of 5 PAGE/WALIA MOVED TO ADOPT THE MOTOR VEHICLE RESOLUTION AUTHORIZING A NO PARKING ANYTIME ZONE FOR APPROXIMATELY 156 FEET IN FRONT OF 14005 QUITO ROAD. MOTION PASSED BY THE FOLLOWING VOTE: AYES: FITZSIMMONS, PAGE, WALIA, AFTAB, ZHAO. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE. 1.4. Amendment to the Park Restroom Renovations Contract with Selway Construction to include Fire Damage Repairs to the Wildwood Park Restroom Recommended Actions: 1) Approve an amendment to contract with Selway Construction for the Parks Restroom Renovations Project to include Fire Damage Repairs for the Wildwood Park Restroom in the amount of $138,876 for a total not-to-exceed contract amount of $433,875 2) Authorize a 10 percent contingency increase, in the amount not-to-exceed $13,887, to execute change orders to the contract PAGE/WALIA MOVED TO APPROVE AN AMENDMENT TO CONTRACT WITH SELWAY CONSTRUCTION FOR THE PARKS RESTROOM RENOVATIONS PROJECT TO INCLUDE FIRE DAMAGE REPAIRS FOR THE WILDWOOD PARK RESTROOM IN THE AMOUNT OF $138,876 FOR A TOTAL NOT-TO-EXCEED CONTRACT AMOUNT OF $433,875, AND AUTHORIZE A 10 PERCENT CONTINGENCY INCREASE, IN THE AMOUNT NOT-TO-EXCEED $13,887, TO EXECUTE CHANGE ORDERS TO THE CONTRACT. MOTION PASSED BY THE FOLLOWING VOTE: AYES: FITZSIMMONS, PAGE, WALIA, AFTAB, ZHAO. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE. 1.5. Final Map Approval for Two Lots Located at 14528 Chester Avenue Recommended Action: Adopt the Resolution granting final map approval of parcel map application No. SUB22- 0001 for two lots located at 14528 Chester Avenue (APN: 397-03-072). RESOLUTION 24-057 PAGE/WALIA MOVED TO ADOPT THE RESOLUTION GRANTING FINAL MAP APPROVAL OF PARCEL MAP APPLICATION NO. SUB22-0001 FOR TWO LOTS LOCATED AT 14528 CHESTER AVENUE (APN: 397-03-072). 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. APCC24-0003 - Appeal of a Design Review application for a 781 square foot second story addition to an existing residence located at 13760 Manteca Way Recommended Action: Conduct a public hearing and de novo review of the application and adopt the attached resolution denying appeal APCC24-0003 thereby approving Design Review application PDR24-0002 for the construction of a 781 square foot second story accessory dwelling unit (ADU) located at 13760 Manteca Way and finding the application to be exempt from environmental review under the California Environmental Quality Act (CEQA). Chris Riordan, Senior Planner, presented the staff report.

Saratoga City Council Minutes ~ October 2, 2024 ~ Page 4 of 5 The Appellant provided a presentation. The Applicant provided a presentation. Mayor Zhao invited public comment. The following individuals addressed the City Council at this time: several neighbors of the impacted property, Justin Hemann, Jay Tang. The Applicant provided closing remarks. The Appellant provided closing remarks. RESOLUTION 24-058 WALIA/AFTAB MOVED TO ADOPT THE RESOLUTION DENYING APPEAL APCC24-0003 THEREBY APPROVING DESIGN REVIEW APPLICATION PDR24- 0002 FOR THE CONSTRUCTION OF A 781 SQUARE FOOT SECOND STORY ACCESSORY DWELLING UNIT (ADU) LOCATED AT 13760 MANTECA WAY AND FINDING THE APPLICATION TO BE EXEMPT FROM ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). 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 KSAR 15 Saratoga Community Access Cable Television Foundation Board of Directors –stated KSAR livestreamed the recent Saratoga High School football game and will stream future games. Council Member Chuck Page Nothing to report. Vice Mayor Belal Aftab Saratoga Historical Foundation Board of Directors – attended the meeting with nothing to report. Mayor Yan Zhao Nothing to report. CITY COUNCIL ITEMS None COUNCIL COMMUNICATIONS Council Member Page announced the League Governance & Labor Relations Committee will be meeting to propose that the Brown Act rules that apply to local agencies also apply to the Legislature.

Saratoga City Council Minutes ~ October 2, 2024 ~ Page 5 of 5 Vice Mayor Aftab expressed his condolences to those impacted by the recent shooting at the Valley Transportation Agency. Mayor Zhao announced due to the State of the City event, the Mayor’s Office Hours at the Farmer’s Market will be held on Saturday, October 12, 2024. Council Member Walia stated October 2 nd , is California’s Clean Air Day, enacted by the State to reduce air pollution. CITY MANAGER’S REPORT None 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 8:36 p.m. Minutes respectfully submitted: Britt Avrit, City Clerk City of Saratoga

Agenda textCity Council

Saratoga City council Agenda – Page 1 of 5 SARATOGA CITY COUNCIL REGULAR MEETING OCTOBER 2, 2024 AMENDED AGENDA • 10/02/2024 ITEM 2.1 PRESENTATION SLIDES (2) ADDED • 10/04/2024 JOINT SESSION SUPPLEMENTAL MATERIAL ADDED Public Participation Information In accordance with Saratoga City Council’s Remote Public Participation Policy, members of the public may participate in these meetings in person at the locations listed below or via remote attendance (if applicable) using the Zoom information below. In the event remote participation technology is unexpectedly unavailable, the meeting will proceed in person without remote participation. Members of the public can view and participate in the 6:00 p.m. Joint Session by: 1. Attending the meeting in person at: • City Hall Linda Callon Conference Room located at 13777 Fruitvale Avenue, Saratoga CA 95070; OR 2. Accessing the meeting through Zoom • Webinar URL: https://us02web.zoom.us/j/88482254658 • Webinar ID 884 8225 4658 OR • Calling 1.408.638.0968 or 1.669.900.6833 Members of the public can view and participate in the 7:00 p.m. Regular Session by: 1. Attending the meeting in person at: • City Hall Linda Callon Conference Room located at 13777 Fruitvale Avenue, Saratoga CA 95070; OR 2. Accessing the meeting through Zoom • Webinar URL: https://us02web.zoom.us/j/81627041223 • Webinar ID: 816 2704 1223 OR • Call In: 1.408.638.0968 or 1.669.900.6833; OR 3. Viewing the meeting on Saratoga Community Access Television Channel 15 (Comcast Channel 15, AT&T UVerse Channel 99 and calling in following the direction above; OR 4. Viewing online at www.saratoga.ca.us/watch and calling in following the direction above. Written Communication Comments can be submitted in writing at www.saratoga.ca.us/comment. Written communications will be provided to the members of the City Council and included in the Agenda Packet and/or in supplemental meeting materials. Public Comment Members of the public may comment on any item for up to three (3) minutes. The amount of time for public comment may be reduced by the Mayor or by action of the City Council. Public Comment will begin with speakers attending in-person first followed by those attending via Zoom.

Saratoga City council Agenda – Page 2 of 5 Meeting Recording Information In accordance with the Saratoga City Council’s Meeting Recording Policy, City Council Study Sessions, Joint Meetings, Joint Sessions, Commission Interviews, Retreats, meetings with the Planning Commission, and Regular Session Meetings are recorded and made available following the meeting on the City website. 6:00 PM JOINT SESSION City Hall, Linda Callon Conference Room | 13777 Fruitvale Avenue, Saratoga, CA 95070 Joint Session with Hakone Recommended Action: Receive updates from Hakone. Supplemental Material (added 10-04-2024) 7:00 PM REGULAR SESSION Civic Theater, Council Chambers | 13777 Fruitvale Avenue, Saratoga, CA 95070 PLEDGE OF ALLEGIANCE ROLL CALL REPORT ON POSTING OF THE AGENDA The agenda for this meeting was properly posted on September 26, 2024. REPORT FROM JOINT SESSION ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS Any member of the public may address the City Council on matters not on the Agenda. The law generally prohibits the City Council from discussing or taking action on such items. However, the Council may instruct staff accordingly. ANNOUNCEMENTS CEREMONIAL ITEMS Commendation for Outgoing PRC Commissioner Michelle Wang Recommended Action: Presentation of Commendation to Michelle Wang Commendation for Michelle Wang Commendation for Saratoga Sister City, Muko 40th Anniversary Recommended Action: Presentation of Muko 40th Anniversary Commendation Saratoga Sister City 40th Anniversary Commendation

Saratoga City council Agenda – Page 3 of 5 1. CONSENT CALENDAR The Consent Calendar contains routine items of business. Items in this section will be acted on in one motion, unless removed by the Mayor or a Council Member. Any member of the public may speak on an item on the Consent Calendar at this time, or request that the Mayor remove an item from the Consent Calendar for discussion. 1.1. Accounts Payable Check Registers Recommended Action: Review and accept the 09/12/2024 and 09/19/2024 accounts payable vendor payment check registers. Staff Report Attachment A - Check Register Reports 09-12-2024 Attachment B - Check Register Reports 09-19-2024 1.2. Treasurer’s Report for the Month Ended July 31, 2024 Recommended Action: Review and accept the Treasurer’s Report for the month ended July 31, 2024. Staff Report 1.3. No Parking Anytime Zone in Front of 14005 Quito Road Recommended Action: Adopt the Motor Vehicle resolution authorizing a No Parking Anytime zone for approximately 156 feet in front of 14005 Quito Road. Staff Report Attachment A - Motor Vehicle Resolution Attachment B - Map of Parking Restriction 1.4. Amendment to the Park Restroom Renovations Contract with Selway Construction to include Fire Damage Repairs to the Wildwood Park Restroom Recommended ActionS: 1) Approve an amendment to contract with Selway Construction for the Parks Restroom Renovations Project to include Fire Damage Repairs for the Wildwood Park Restroom in the amount of $138,876 for a total not-to-exceed contract amount of $433,875 2) Authorize a 10 percent contingency increase, in the amount not-to-exceed $13,887, to execute change orders to the contract Staff Report Attachment A - Contract Amendment Attachment B - Original Contract 1.5. Final Map Approval for Two Lots Located at 14528 Chester Avenue Recommended Action: Adopt the Resolution granting final map approval of parcel map application No. SUB22- 0001 for two lots located at 14528 Chester Avenue (APN: 397-03-072). Staff Report Attachment A - Resolution Granting Final Map Approval Attachment B- Parcel Map

Saratoga City council Agenda – Page 4 of 5 2. PUBLIC HEARING Items placed under this section of the Agenda are those defined by law as requiring a special notice and/or a public hearing or those called by the City Council on its own volition. During Public Hearings for appeals, Applicants/Appellants and/or their representatives have a total of ten (10) minutes maximum for opening statements. Members of the public may comment on any item for up to three (3) minutes. The amount of time for public comment may be reduced by the Mayor or by action of the City Council. After public comment, the Applicant/Appellants and/or their representatives have a total of five (5) minutes maximum for closing statements. Items requested for continuance are subject to the City Council's approval at the Council Meeting. 2.1. APCC24-0003 - Appeal of a Design Review application for a 781 square foot second story addition to an existing residence located at 13760 Manteca Way Recommended Action: Conduct a public hearing and de novo review of the application and adopt the attached resolution denying appeal APCC24-0003 thereby approving Design Review application PDR24-0002 for the construction of a 781 square foot second story accessory dwelling unit (ADU) located at 13760 Manteca Way and finding the application to be exempt from environmental review under the California Environmental Quality Act (CEQA). Staff Report Attachment A - Appeal Application Attachment B - Resolution to Deny the Appeal Attachment C - Applicants written appeal response Attachment D - August 14, 2024, Planning Commission Staff Report (without project plans) Attachment E - August 14, 2024, Planning Commission Meeting Minutes Attachment F - August 14, 2024, Planning Commission Signed Resolution of Approval Attachment G - Privacy View Study with Proposed Landscaping Attachment H - Site Plan (PUBLIC REVIEW) Presentation Slides (added 10-02-2024) Presentation Slides (added 10-02-2024) COUNCIL ASSIGNMENTS Council Assignments CITY COUNCIL ITEMS COUNCIL COMMUNICATIONS CITY MANAGER'S REPORT ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS ADJOURNMENT

Saratoga City council Agenda – Page 5 of 5 CERTIFICATE OF POSTING OF THE AGENDA, DISTRIBUTION OF THE AGENDA PACKET, COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT I, Janet Costa, Deputy City Clerk for the City of Saratoga, declare that the foregoing agenda for the meeting of the City Council was posted and available for review on September 26, 2024 at the City of Saratoga, 13777 Fruitvale Avenue, Saratoga, California and on the City's website at www.saratoga.ca.us. Signed this 26th day of September 2024 at Saratoga, California. Janet Costa, Deputy City Clerk (for Britt Avrit) In accordance with the Ralph M. Brown Act, copies of the staff reports and other materials provided to the City Council by City staff in connection with this agenda, copies of materials distributed to the City Council concurrently with the posting of the agenda, and materials distributed to the City Council by staff after the posting of the agenda are available on the City website at www.saratoga.ca.us and are available for review in the office of the City Clerk at 13777 Fruitvale Avenue, Saratoga, California. In compliance with the Americans with Disabilities Act and the Governor’s Executive Order, if you need assistance to participate in this meeting, please contact the City Clerk at bavrit@saratoga.ca.us or calling 408.868.1216 as soon as possible before the meeting. The City will use its best efforts to provide reasonable accommodations to provide as much accessibility as possible while also maintaining public safety. [28 CFR 35.102-35.104 ADA title II]

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