City Council Special Meeting

Saratoga City Council Minutes ~ January 10, 2022 ~ Page 1 of 5 MINUTES MONDAY, JANUARY 10, 2022 SARATOGA CITY COUNCIL SPECIAL MEETING At 6:00 p.m., the City Council held a Special Meeting via teleconferencing through Zoom. Mayor Walia called the meeting to order at 6:00 p.m. via teleconferencing through Zoom. Prior to Roll Call, the City Clerk explained the City Council meeting was conducted pursuant to State law as recently amended by Assembly Bill 361, which allows the meeting to be conducted entirely by teleconference. The City Council has met all the applicable notice requirements and the public is welcome to participate. All Council Members, staff, and meeting attendees participated by Zoom. Information on how the public can observe the meeting and provide public comment was provided. ROLL CALL PRESENT: Mayor Tina Walia, Vice Mayor Kookie Fitzsimmons, Council Members Mary-Lynne Bernald, Rishi Kumar, Yan Zhao (All Council Members appearing via teleconference) ABSENT: None ALSO PRESENT: James Lindsay, City Manager Richard Taylor, City Attorney Crystal Bothelio, Assistant City Manager Britt Avrit, City Clerk Debbie Pedro, Community Development Director Kayla Nakamoto, Administrative Analyst Lauren Pettipiece, Public Information Officer Nicole Johnson, Senior Planner David Dorcich, Associate Civil Engineer (All staff members appearing via teleconference) REPORT ON POSTING OF THE AGENDA The City Clerk reported the agenda for this meeting was properly posted on January 6, 2022. AGENDA ITEMS: 1. Reconsider and confirm findings pursuant to Assembly Bill 361 Recommended Action: Reconsider and confirm findings pursuant to Assembly Bill 361 of the continued existence of a state of emergency and public health officials’ recommendation of social distancing. Britt Avrit, City Clerk, presented the staff report.

Saratoga City Council Minutes ~ January 10, 2022 ~ Page 2 of 5 Mayor Walia invited public comment on the item. The following individuals spoke on this item: Joanne Birmingham, Daniel Onn, Ray Froess, Dory Albert, Dick Wheeler, Glenda Aune, Ellis BERNALD/FITZSIMMONS MOVED TO RECONSIDER AND CONFIRM FINDINGS PURSUANT TO ASSEMBLY BILL 361 OF THE CONTINUED EXISTENCE OF A STATE OF EMERGENCY AND PUBLIC HEALTH OFFICIALS’ RECOMMENDATION OF SOCIAL DISTANCING. MOTION PASSED BY VERBAL ROLL CALL. AYES: BERNALD, KUMAR, ZHAO, FITZSIMMONS, WALIA: NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 2. Housing Element Update - Housing Opportunity Sites, Policies and Programs Recommended Action: Provide direction to staff. Mayor Walia noted the number of attendees and the number of people expected to address the City Council on this item and asked if the City Council would like to consider reducing the public speaking time to one minute per person. KUMAR/FITZSIMMONS MOVED TO CHANGE THE PUBLIC SPEAKING TIME TO ONE MINUTE PER PERSON FOR THIS ITEM. MOTION PASSED BY VERBAL ROLL CALL. AYES: BERNALD, KUMAR, ZHAO, FITZSIMMONS, WALIA: NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. Debbie Pedro, Community Development Director, presented the staff report. Mayor Walia invited public comment on the item. The following individuals spoke on this item: Ramesh and Shashi Agarwal, Jeffrey Schwartz, Karthik Iyer, Susanne Karlak, James Foley, Belal Aftab, Terry Cabrinha, Tanya, Chris Vasquez, Daniel Onn, Dick Wheeler, Mukund Ramaratnam, Ron Leckie, Casa Blanca Residents, Ellis, Robert Ducote, Peter Boulton, Tom, Steven Kramer, Scott Connelly, Naveen Mayor Walia requested a recess and reconvened the meeting at 8:10 p.m. Public comment continued with the following individuals speaking on this item: Steven Leslie, Ray Froess, Leon Qin, Dory Albert, Corinne Vita, Sundeep, Glenda Aune, Ketan Karkhanis, Yogesh Nivas, Aslihan, Vicki Kramer, Jerry Schaaf, Pat, Anne Johnson, Sunitha Avers, David, George and Anne Gadd, Mike Speckman, Aashish Pant, Fulusu, Gary Smith, Ed Grabowy, Cathie Watson-Short, Narayanan Thondugulam, Pankaj, Steve Moore, Haydee, David Dornblaser, Debbie Ball-McNally, Nimisha, Kum, Randy Jewell, William Ford, Satya Simha, Hari Ravi, M. Robertson, Holly Anderson, Boris Yendler, Brian Berkeley, Mary Pat, PS, Val Marvin, Berna Erol, Dave & Debra Yoffie, Kathy, Ken, Radha, Pat and Jan Adamiak, Kostas Tsioutsiouliklis, Brad Paulsen, Stephen Morrow, Huff, Margaret, Phil, Omar Z, Seema Dubev, John Reagan, Radhika, Eric, Nancy Lietzke, David Anderson, Bashyam Anant, Ledong Shen, E Chan, Amanda and Steve Klinger, ghugger, Bharath Kumar, Deepa Padaki, J Jones, Sorin

Saratoga City Council Minutes ~ January 10, 2022 ~ Page 3 of 5 Cismas, Preeti, Piyush Sancheti, Joy Ciffone, Sangeetha, Manoj, Karthik Bhat, Michael Bennette, Jeff, Greg Dean, Debra Yoffie Mayor Walia requested a recess and reconvened the meeting at 10:10 p.m. Public comment continued with the following individuals speaking on this item: Vaibhav Dubey, Visa G, Anthony Fisher, Alok Mahajan, Mona Kaur, Debbie Zhang, Marc, Cecilia Liu, Reshma Hyder, Niall King, Don, Tim McNally, Purvi, Amer Haider, Robert Varish, Larry Schwerin, Debra Kurzke, Balaji V, Cynthia Newton, Kathy D, Lan Kan, Lawrence Hernandez, A, Kay Agarwal, Chidambaram Sambasivam, Mary Ann Welch, Lillie Gee, Vijay, Elaine Clabeaux, Betty Morse Mayor Walia requested a recess and reconvened the meeting at 12:15 a.m. The City Council began discussion of the policies and programs recommended by the Planning Commission. Vice Mayor Fitzsimmons stated her family owns property in the Village and recused herself from discussion regarding the proposed policy on height limits in CH-1 and CH-2 zoning districts and the City Clerk changed her status in the meeting to ‘Attendee.’ ZHAO/BERNALD MOVED TO INCLUDE THE FOLLOWING POLICY IN THE HOUSING ELEMENT TO BE EVALUATED IN THE ENVIRONMENTAL IMPACT REPORT: INCREASE THE STANDARD HEIGHT LIMITS IN CH-1 AND CH-2 ZONING DISTRICTS FROM 26 FEET TO 35 FEET. MOTION PASSED BY VERBAL ROLL CALL. AYES: BERNALD, ZHAO, WALIA: NOES: NONE. ABSTAIN: KUMAR. RECUSED: FITZSIMMONS. Council Member Kumar left the meeting at 12:29 a.m. Vice Mayor Fitzsimmons returned to the meeting as a ‘Panelist’ at this time. ZHAO/BERNALD MOVED TO INCREASE STORY LIMITS FOR MULTIFAMILY DEVELOPMENT PROJECTS TO ACCOMMODATE THE ALLOWABLE DENSITY ON OPPORTUNITY SITES. MOTION PASSED BY VERBAL ROLL CALL. AYES: BERNALD, ZHAO, FITZSIMMONS, WALIA: NOES: NONE. ABSTAIN: NONE. ABSENT: KUMAR. ZHAO/BERNALD MOVED TO INCLUDE THE FOLLOWING POLICY IN THE HOUSING ELEMENT TO BE EVALUATED IN THE ENVIRONMENTAL IMPACT REPORT: INCREASE STORY LIMITS FOR MULTIFAMILY DEVELOPMENT PROJECTS TO ACCOMMODATE THE ALLOWABLE DENSITY ON OPPORTUNITY SITES. MOTION PASSED BY VERBAL ROLL CALL. AYES: BERNALD, ZHAO, FITZSIMMONS, WALIA: NOES: NONE. ABSTAIN: NONE. ABSENT: KUMAR.

Saratoga City Council Minutes ~ January 10, 2022 ~ Page 4 of 5 BERNALD/FITZSIMMONS MOVED TO DIRECT STAFF TO EXCLUDE THE PROPOSED POLICY TO CREATE A PROPERTY TAX INCENTIVE FOR NEW DEED RESTRICTED ACCESSORY DWELLING UNITS (ADUs) BY ESTABLISHING NEW RULES TO ALLOW EXEMPTION FROM INCREMENTAL PROPERTY TAX ASSESSMENT FOR DEED RESTRICTED ADUs ADDED BEFORE 2031 FROM THE HOUSING ELEMENT. MOTION PASSED BY VERBAL ROLL CALL. AYES: BERNALD, ZHAO, FITZSIMMONS, WALIA: NOES: NONE. ABSTAIN: NONE. ABSENT: KUMAR. BERNALD/FITZSIMMONS MOVED TO INCLUDE THE FOLLOWING POLICY IN THE HOUSING ELEMENT TO BE EVALUATED IN THE ENVIRONMENTAL IMPACT REPORT: ESTABLISH AN INCLUSIONARY ORDINANCE REQUIRING 15% OF UNITS, WITH FIVE DWELLING UNITS PER ACRE MINIMIM, BE USED TOWARDS AFFORDABLE HOUSING PROGRAMS WITH NO IN-LIEU FEE OPTION Additional discussion took place. Direction was given to staff to table the discussion regarding the Inclusionary Ordinance until January 19, 2022. BERNALD/FITZSIMMONS MOVED TO DIRECT STAFF TO EXCLUDE THE HOME SHARE PROGRAM FROM THE HOUSING ELEMENT. MOTION PASSED BY VERBAL ROLL CALL. AYES: BERNALD, ZHAO, FITZSIMMONS, WALIA: NOES: NONE. ABSTAIN: NONE. ABSENT: KUMAR. BERNALD/FITZSIMMONS MOVED TO INCLUDE THE FOLLOWING POLICIES IN THE HOUSING ELEMENT TO BE EVALUATED IN THE ENVIRONMENTAL IMPACT REPORT: REDUCE SETBACK REQUIREMENTS FOR SMALLER PARCELS TO REDUCE DEVELOPMENT BARRIERS; REDUCE OR ELIMINATE PERMIT FEES TO ENCOURAGE THE PRODUCTION OF ADUs AND JUNIOR ADUs THAT ARE DEED RESTRICTED FOR AFFORDABLE HOUSING; FURTHER STREAMLINE THE PERMIT PROCESS FOR ADUs BY DEVELOPING A PERMIT READY ADU PROGRAM TO OFFER PROPERTY OWNERS A SELECTION OF PRE-APPROVED ADU BUILDING PLANS; DEVELOP OUTREACH PROGRAMS TO PROMOTE ADUs THROUGH MORE CHANNELS; AND, CREATE A NEW LAND USE AND ZONING DESIGNATION FOR MIXED-USE SITES WHICH ALLOWS 100% RESIDENTIAL AS AN OPTION FOR SOME SITES. MOTION PASSED BY VERBAL ROLL CALL. AYES: BERNALD, ZHAO, FITZSIMMONS, WALIA: NOES: NONE. ABSTAIN: NONE. ABSENT: KUMAR. Mayor Walia stated her personal residence is close to the Argonaut Center and recused herself from discussion regarding the proposed policy to “Retain commercial land use and zoning for commercial uses only (e.g., Argonaut Shopping Center) and the City Clerk changed her status in the meeting to ‘Attendee.’

Saratoga City Council Minutes ~ January 10, 2022 ~ Page 5 of 5 ZHAO/BERNALD MOVED TO INCLUDE THE FOLLOWING POLICIES IN THE HOUSING ELEMENT TO BE EVALUATED IN THE ENVIRONMENTAL IMPACT REPORT: RETAIN COMMERCIAL LAND USE AND ZONING FOR COMMERCIAL USES ONLY (E.G., ARGONAUT SHOPPING CENTER). MOTION PASSED BY VERBAL ROLL CALL. AYES: BERNALD, ZHAO, FITZSIMMONS: NOES: NONE. ABSENT: KUMAR. RECUSED: WALIA. BERNALD/FITZSIMMONS MOVED TO APPLY THE COMMERCIAL USE ONLY TO THE PARCELS LOCATED AT SARATOGA-SUNNYVALE ROAD/PIERCE. Additional discussion took place. Council Member Bernald removed the motion. FITZSIMMONS/WALIA MOVED TO HOLD A SPECIAL MEETING ON JANUARY 20, 2022 AT 7:00 P.M. MOTION PASSED BY VERBAL ROLL CALL. AYES: BERNALD, ZHAO, FITZSIMMONS, WALIA: NOES: NONE. ABSTAIN: NONE. ABSENT: KUMAR. ZHAO MOVED TO BRING BACK ALL OPPORTUNITY SITES, TO INCLUDE THE VILLAGE, THE PROSPECT CENTER AND THE PARCEL AT SUNNYVALE- SARATOGA ROAD/BLAUER, FOR CONSIDERATION AT THE NEXT MEETING. Motion failed for lack of a second. ADJOURNMENT BERNALD/ZHAO MOVED TO ADJOURN THE MEETING AT 2:06 A.M. MOTION PASSED BY VERBAL ROLL CALL. AYES: BERNALD, ZHAO, FITZSIMMONS, WALIA: NOES: NONE. ABSTAIN: NONE. ABSENT: KUMAR. Minutes respectfully submitted: Britt Avrit, MMC, City Clerk City of Saratoga

Saratoga City Council Agenda January 10, 2022 – Page 1 of 2 SARATOGA CITY COUNCIL SPECIAL MEETING JANUARY 10, 2022 AMENDED AGENDA • 1/8/2022 MEETING START TIME CORRECTED FROM 7:00 P.M. TO 6:00 P.M. • 1/10/2022 ITEM 2 SUPPLEMENTAL MEMO (CORRECTION TO SUMMARY TABLE CALCULATIONS) AND ATTACHMENTS ADDED • 1/10/2022 ITEM 2 SUPPLEMENTAL MEMO (HOUSING ELEMENT EIR) ADDED • 1/10/2022 ITEM 2 WRITTEN COMMUNICATIONS ADDED • 1/10/2022 PRESENTATION SLIDES ADDED • 1/10/2022 ITEM 2 WRITTEN COMMUNICATIONS, PART 2 ADDED • 1/11/2022 ITEM 2 FINAL WRITTEN COMMUNICATIONS ADDED Teleconference/Public Participation Information to Mitigate the Spread of COVID‐19 This meeting will be held entirely by teleconference. All members of the City Council and staff will only participate via the Zoom platform using the process described below. The meeting is being conducted pursuant to recent amendments to the teleconference rules required by the Ralph M. Brown Act allowing teleconferencing during a proclaimed state of emergency when local official have recommended social distancing. The purpose of the amendments is to provide the safest environment for the public, elected officials, and staff while allowing for continued operation of the government and public participation during the COVID-19 pandemic. Members of the public can view and participate in in the Special Meeting by: • Using the Zoom website https://us02web.zoom.us/j/84828382925; Webinar ID 848 2838 2925 OR • Calling 1.408.638.0968 or 1.669.900.6833 and entering the Webinar ID provided above The public will not be able to participate in the meeting in person. As always, members of the public can send written comments to the Council prior to the meeting by commenting online at www.saratoga.ca.us/comment prior to the start of the meeting. These emails will be provided to the members of the Council and will become part of the official record of the meeting. 6:00 PM SPECIAL MEETING ROLL CALL REPORT ON POSTING OF THE AGENDA The agenda for this meeting was properly posted on January 6, 2022. AGENDA ITEMS 1. Reconsider and confirm findings pursuant to Assembly Bill 361 Recommended Action: Reconsider and confirm findings pursuant to Assembly Bill 361 of the continued existence of a state of emergency and public health officials’ recommendation of social distancing.

Saratoga City Council Agenda January 10, 2022 – Page 2 of 2 Staff Report Attachment A - City Council Resolution 21-073 Authorizing Teleconferenced Mtgs Pursuant to AB 361 2. Housing Element Update - Housing Opportunity Sites, Policies and Programs Recommended Action: Provide direction to staff. Housing Element Memo 1-10-22 Corrected Housing Opportunity Sites corrected Attachment 2 - Housing Policies Attachment 3 - Public Comments through 1-6-22 Supplemental Memo 1-10-22, Correction to summary table calculations Supplemental Memo 01-10-2022 Housing Element EIR Supplemental Memo 01-10-2022, Item 2 Written Communications January 10 Special Meeting Presentation website.pdf Supplemental Memo 01-10-2022, Item 2 Written Communications, 2 Supplemental Memo 01-10-2022, Item 2 Written Communications-final ADJOURNMENT CERTIFICATE OF POSTING OF THE AGENDA, DISTRIBUTION OF THE AGENDA PACKET, COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT I, Britt Avrit, 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 January 6, 2022 at the City of Saratoga, 13777 Fruitvale Avenue, Saratoga, California and on the City's website at www.saratoga.ca.us. Signed this 6 th day of January 2022 at Saratoga, California. Britt Avrit, City Clerk 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]