City Council

Saratoga City Council Minutes ~ March 1, 2023 ~ Page 1 of 6 MINUTES WEDNESDAY, MARCH 1, 2023 SARATOGA CITY COUNCIL REGULAR MEETING At 5:30 p.m., the City Council met to reconsider Jason Tseng and Isabelle Gecils for an unexpected vacancy for one partial term on the Parks and Recreation Commission. WALIA/PAGE MOVED TO APPOINT ISABELLE GECILS TO THE PARKS AND RECREATION COMMISSION FOR A PARTIAL-TERM ENDING SEPTEMBER 30, 2025. MOTION PASSED BY THE FOLLOWING VOTE: AYES: AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE. At 5:35 p.m., the City Council held interviews for the Planning Commission. Vice Mayor Zhao stated she needed to recuse herself from the interview with Planning Commission applicant Manoj Goel because he is a potential business associate of her husband’s and left the room while the City Council conducted his interview and during his consideration as a candidate. PAGE/WALIA MOVED TO REAPPOINT ANJALI KAUSAR TO THE PLANNING COMMISSION FOR A FULL-TERM ENDING MARCH 31, 2027. MOTION PASSED BY THE FOLLOWING VOTE: AYES: AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE. WALIA/ZHAO MOVED TO APPOINT PAUL GERMERAAD TO THE PLANNING COMMISSION FOR A FULL-TERM ENDING MARCH 31, 2027. MOTION PASSED BY THE FOLLOWING VOTE: AYES: AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE. Mayor Fitzsimmons called the Regular Session to order at 7:00 p.m. FITZSIMMONS/ZHAO MOVED TO REORDER THE AGENDA TO PROCEED TO THE RECOGNITION OF THE GIRL SCOUTS IMMEDIATELY AFTER THE PLEDGE OF ALLEGIANCE. MOTION PASSED BY THE FOLLOWING VOTE: AYES: AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE. ROLL CALL PRESENT: Mayor Kookie Fitzsimmons, Vice Mayor Yan Zhao, Council Members Belal Aftab, Chuck Page, Tina Walia ABSENT: None ALSO PRESENT: James Lindsay, City Manager Richard Taylor, City Attorney Britt Avrit, City Clerk Nick Pegueros, Administrative Services Director John Cherbone, Public Works Director David Dorcich, Associate Engineer

Saratoga City Council Minutes ~ March 1, 2023 ~ Page 2 of 6 Mainini Cabute, Environmental Programs Manager Lauren Blom, Public Information Officer REPORT ON POSTING OF THE AGENDA The City Clerk reported the agenda for this meeting was properly posted on February 23, 2023. ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS Mayor Fitzsimmons invited public comment. The following individuals spoke at this time: Razi Mohiuddin discussed privacy and mass as it relates to zoning and the City’s Design Guidelines. Bill Dalton discussed staff pay and benefits. ANNOUNCEMENTS Mayor Fitzsimmons shared information about Let’s Work Volunteer Day, St. Paddy’s Party, Paint the City and Commission Recruitments. CEREMONIAL ITEM Recognition of Girl Scouts of Saratoga Recommended Action: Present Certificates of Recognition to Girl Scouts of Saratoga to commend their volunteer efforts in receiving The President’s Volunteer Service Awards. The City Council presented Certificates of Recognition to Girl Scouts of Saratoga and commended their volunteer efforts in receiving The President’s Volunteer Service Awards. Proclamation Declaring March 2023 as Youth Art Month Recommended Action: Present the proclamation declaring March 2023 as Youth Art Month. The City Council proclaimed March 2023 as Youth Art Month. 1. CONSENT CALENDAR Mayor Fitzsimmons invited public comment on the Consent Calendar. The following individuals spoke at this time: Bill Dalton 1.1. City Council Meeting Minutes Recommended Action: Approve the Minutes for the February 10, 2023 City Council Special Meeting and the February 15, 2023 City Council Regular Meeting.

Saratoga City Council Minutes ~ March 1, 2023 ~ Page 3 of 6 PAGE/AFTAB MOVED TO APPROVE THE MINUTES FOR THE FEBRUARY 10, 2023 CITY COUNCIL SPECIAL MEETING AND THE FEBRUARY 15, 2023 CITY COUNCIL REGULAR MEETING. MOTION PASSED BY THE FOLLOWING VOTE: AYES: AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE. 1.2. Review of Accounts Payable Check Registers Recommended Action: Review and accept check registers for the following accounts payable payment cycles: 2/7/23 Period 8; 2/13/23 Period 8. PAGE/AFTAB MOVED TO REVIEW AND ACCEPT CHECK REGISTERS FOR THE FOLLOWING ACCOUNTS PAYABLE PAYMENT CYCLES:2/7/23 PERIOD 8; 2/13/23 PERIOD 8. MOTION PASSED BY THE FOLLOWING VOTE: AYES: AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE. 1.3. Treasurer’s Report for the Month Ended January 31, 2023 Recommended Action: Review and accept the Treasurer’s Report for the month ended January 31, 2023. PAGE/AFTAB MOVED TO REVIEW AND ACCEPT THE TREASURER’S REPORT FOR THE MONTH ENDED JANUARY 31, 2023. MOTION PASSED BY THE FOLLOWING VOTE: AYES: AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE. 1.4. Final Map Approval for Two Lots Located at 20615 Leonard Road Recommended Action: Adopt the Resolution granting final map approval of parcel map application No. SUB22- 0002 for two lots located at 20615 Leonard Road (APN: 503 19 073). RESOLUTION 23-010 PAGE/AFTAB MOVED TO ADOPT THE RESOLUTION GRANTING FINAL MAP APPROVAL OF PARCEL MAP APPLICATION NO. SUB22-0002 FOR TWO LOTS LOCATED AT 20615 LEONARD ROAD (APN: 503 19 073). MOTION PASSED BY THE FOLLOWING VOTE: AYES: AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE. 1.5. Santa Clara Valley Urban Runoff Pollution Prevention Program Agreement- Fourth Amendment Recommended Action: 1. Authorize the City Manager to execute a Fourth Amendment to the Santa Clara Valley Urban Runoff Pollution Prevention Program (SCVURPPP) Agreement. 2. Appoint the West Valley Clean Water Authority Executive Director as the SCVURPPP Representative for the City.

Saratoga City Council Minutes ~ March 1, 2023 ~ Page 4 of 6 PAGE/AFTAB MOVED TO AUTHORIZE THE CITY MANAGER TO EXECUTE A FOURTH AMENDMENT TO THE SANTA CLARA VALLEY URBAN RUNOFF POLLUTION PREVENTION PROGRAM (SCVURPPP) AGREEMENT AND APPOINT THE WEST VALLEY CLEAN WATER AUTHORITY EXECUTIVE DIRECTOR AS THE SCVURPPP REPRESENTATIVE FOR THE CITY. MOTION PASSED BY THE FOLLOWING VOTE: AYES: AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE. 2. GENERAL BUSINESS 2.1. Review of projects subject to Public Resources Code section 4290 concerning development in Very High Fire Hazard Severity Zones Recommended Action: Adopt the Resolution establishing a process for review of development applications subject to Public Resources Code section 4290 concerning development in Very High Fire Hazard Severity Zones. Richard Taylor, City Attorney presented the staff report. Mayor Fitzsimmons invited public comment. The following individuals spoke at this time: Stan Bogosian, Bill Dalton, Nancy Lietzke, Sukhinder Sahota, Glenda Aune, Mike Smith, Harry & Rosemary Wong, Mohini, Gary Kohlsaat, Litsung, Cheriel Jensen WALIA MOVED TO ADOPT THE RESOLUTION ESTABLISHING A PROCESS FOR REVIEW OF DEVELOPMENT APPLICATIONS SUBJECT TO PUBLIC RESOURCES CODE SECTION 4290 CONCERNING DEVELOPMENT IN VERY HIGH FIRE HAZARD SEVERITY ZONES AMENDING THE ‘NOW THEREFORE’ SENTENCE IN THE RESOLUTION TO INCLUDE “THE CITY COUNCIL OF THE CITY OF SARATOGA HEREBY DETERMINES THAT APPLICATIONS FOR SINGLE FAMILY RESIDENCES (INCLUDING ACCESSORY DWELLING UNITS AND ACCESSORY STRUCTURES) ON EXISTING LOTS ON EXISTING ROADS THAT DO NOT REQUIRE CONDITIONAL USE PERMITS IN THE VERY HIGH FIRE HAZARD SEVERITY ZONE SUBJECT TO THE FIRE SAFE REGULATIONS SHALL BE PROCESSED AS FOLLOWS…” Motion failed for lack of a second. Additional discussion took place.

Saratoga City Council Minutes ~ March 1, 2023 ~ Page 5 of 6 PAGE MOVED TO ADOPT THE RESOLUTION ESTABLISHING A PROCESS FOR REVIEW OF DEVELOPMENT APPLICATIONS SUBJECT TO PUBLIC RESOURCES CODE SECTION 4290 CONCERNING DEVELOPMENT IN VERY HIGH FIRE HAZARD SEVERITY ZONES AMENDING THE ‘NOW THEREFORE’ SENTENCE IN THE RESOLUTION TO INCLUDE “THE CITY COUNCIL OF THE CITY OF SARATOGA HEREBY DETERMINES THAT APPLICATIONS FOR SINGLE FAMILY RESIDENCES (INCLUDING ACCESSORY DWELLING UNITS AND ACCESSORY STRUCTURES) ON EXISTING LOTS ON EXISTING ROADS IN THE VERY HIGH FIRE HAZARD SEVERITY ZONE SUBJECT TO THE FIRE SAFE REGULATIONS SHALL BE PROCESSED AS FOLLOWS…” Motion failed for lack of a second. Additional discussion took place. RESOLUTION 23-011 WALIA/PAGE MOVED TO ADOPT THE RESOLUTION ESTABLISHING A PROCESS FOR REVIEW OF DEVELOPMENT APPLICATIONS SUBJECT TO PUBLIC RESOURCES CODE SECTION 4290 CONCERNING DEVELOPMENT IN VERY HIGH FIRE HAZARD SEVERITY ZONES AMENDING THE ‘NOW THEREFORE’ SENTENCE IN THE RESOLUTION TO READ “ THE CITY COUNCIL OF THE CITY OF SARATOGA HEREBY DETERMINES THAT APPLICATIONS FOR SINGLE FAMILY RESIDENCES (INCLUDING ACCESSORY DWELLING UNITS AND ACCESSORY STRUCTURES) ON EXISTING LOTS ON EXISTING ROADS THAT DO NOT REQUIRE A CONDITIONAL USE PERMIT UNRELATED TO THE RESIDENTIAL USE IN THE VERY HIGH FIRE HAZARD SEVERITY ZONE SUBJECT TO THE FIRE SAFE REGULATIONS SHALL BE PROCESSED AS FOLLOWS…” 2.2. Mid-year Budget Amendment Recommended Action: Adopt the Resolution amending the 2022-23 City Council adopted budget. Nick Pegueros, Administrative Services Director presented the staff report. Mayor Fitzsimmons invited public comment. No one requested to speak. RESOLUTION 23-012 ZHAO/WALIA MOVED TO ADOPT THE RESOLUTION AMENDING THE 2022-23 CITY COUNCIL ADOPTED BUDGET. MOTION PASSED BY THE FOLLOWING VOTE: AYES: AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE.

Saratoga City Council Minutes ~ March 1, 2023 ~ Page 6 of 6 COUNCIL ASSIGNMENTS Council Member Tina Walia Silicon Valley Clean Energy Authority Board of Directors – stated she attended two Committee meetings for Silicon Valley Clean Energy Authority; the Executive Committee and the Finance and Administrative Committee meeting with nothing to report. Council Member Chuck Page Nothing to report Council Member Belal Aftab Saratoga Historical Foundation Board of Directors – stated the Foundation will be holding a fundraiser on July 22, 2023 and the Blacksmith exhibit is expected to be open in the next couple of months. Vice Mayor Yan Zhao Nothing to report Mayor Kookie Fitzsimmons Hakone Foundation Executive Board - stated the Mon project is expected to be complete on March 2, 2023, the upper pathway is nearly complete, and tickets for Hanami, the night viewing event of the cherry blossoms, will go on sale soon. CITY COUNCIL ITEMS None COUNCIL COMMUNICATIONS None CITY MANAGER'S REPORT None CITY ATTORNEY'S REPORT None ADJOURNMENT PAGE/WALIA MOVED TO ADJOURN THE MEETING AT 9:09 P.M. MOTION PASSED BY THE FOLLOWING VOTE: AYES: AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE. Minutes respectfully submitted: Britt Avrit, City Clerk City of Saratoga

Saratoga City Council Agenda March 1, 2023 – Page 1 of 5 SARATOGA CITY COUNCIL REGULAR MEETING MARCH 1, 2023 AMENDED AGENDA • 03/01/2023 ITEM 2.1 WRITTEN COMMUNICATIONS ADDED Public Participation Information In accordance with Saratoga City Council’s Remote Public Participation Policy, members of the public may participate in this meeting in person at the locations listed below or via remote attendance using the Zoom information below. Members of the public can view and participate in the 5:30 p.m. Commission Vacancy and Interviews by: 1. Attending the meeting in person at the 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/82342704483 • Webinar ID 823 4270 4483 • Call In: 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 the Civic Theater, Council Chambers 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 • 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 http://www.saratoga.ca.us/watch and calling in following the directions 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. 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

Saratoga City Council Agenda March 1, 2023 – Page 2 of 5 Planning Commission, and Regular Session Meetings are recorded and made available following the meeting on the City website. 5:30 PM PARKS AND RECREATION COMMISSION VACANCY City Hall, Linda Callon Conference Room | 13777 Fruitvale Avenue, Saratoga, CA 95070 Reconsideration of Jason Tseng and Isabelle Gecils for one unexpected vacancy for a partial term on the Parks and Recreation Commission. 5:35 PM COMMISSION INTERVIEWS City Hall, Linda Callon Conference Room | 13777 Fruitvale Avenue, Saratoga, CA 95070 Time Name Commission Vacancies Incumbent 5:35 p.m. Luis Ferreira Planning Commission 2 full terms No 5:50 p.m. Paul Germeraad Planning Commission 2 full terms No 6:05 p.m. Anjali Kausar Planning Commission 2 full terms Yes 6:20 p.m. Manoj Goel Planning Commission 2 full terms No 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 February 23, 2023. 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 Proclamation Declaring March 2023 as Youth Art Month Recommended Action: Present the proclamation declaring March 2023 as Youth Art Month. Staff Report Attachment A – Proclamation Declaring March 2023 as Youth Art Month Recognition of Girl Scouts of Saratoga Recommended Action: Present Certificates of Recognition to Girl Scouts of Saratoga to commend their volunteer efforts in receiving The President’s Volunteer Service Awards. Staff Report Attachment A – Certificates of Recognition

Saratoga City Council Agenda March 1, 2023 – 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. City Council Meeting Minutes Recommended Action: Approve the Minutes for the February 10, 2023 City Council Special Meeting and the February 15, 2023 City Council Regular Meeting. Staff Report Attachment A - Minutes for the February 10, 2023 City Council Special Meeting Attachment B - Minutes for the February 15, 2023 City Council Regular Meeting 1.2. Review of Accounts Payable Check Registers Recommended Action: Review and accept check registers for the following accounts payable payment cycles: 2/7/23 Period 8; 2/13/23 Period 8. Staff Report Attachment A - Check Register 02-07-2023 Period 8 Attachment B - Check Register 02-13-2023 Period 8 1.3. Treasurer’s Report for the Month Ended January 31, 2023 Recommended Action: Review and accept the Treasurer’s Report for the month ended January 31, 2023. Staff Report 1.4. Final Map Approval for Two Lots Located at 20615 Leonard Road Recommended Action: Adopt the Resolution granting final map approval of parcel map application No. SUB22- 0002 for two lots located at 20615 Leonard Road (APN: 503 19 073). Staff Report Attachment A - Resolution Granting Final Map Approval Attachment B - Site Map Attachment C - Parcel Map 503 19 073 1.5. Santa Clara Valley Urban Runoff Pollution Prevention Program Agreement- Fourth Amendment Recommended Action: 1. Authorize the City Manager to execute a Fourth Amendment to the Santa Clara Valley Urban Runoff Pollution Prevention Program (SCVURPPP) Agreement. 2. Appoint the West Valley Clean Water Authority Executive Director as the SCVURPPP Representative for the City. Staff Report Attachment A- Fourth Amendment to Agreement with SCVURPPP Attachment B- SCVURPPP FY23-24 Assessment

Saratoga City Council Agenda March 1, 2023 – Page 4 of 5 2. GENERAL BUSINESS 2.1. Review of projects subject to Public Resources Code section 4290 concerning development in Very High Fire Hazard Severity Zones Recommended Action: Adopt the Resolution establishing a process for review of development applications subject to Public Resources Code section 4290 concerning development in Very High Fire Hazard Severity Zones. Staff Report Attachment A - Resolution Regarding 4290 Off Site Reviews Attachment B - Saratoga Fire Hazard Zones Map Supplemental Memo - Item 2.1 Written Communications 2.2. Mid-year Budget Amendment Recommended Action: Adopt the Resolution amending the 2022-23 City Council adopted budget. Staff Report Attachment A - Resolution COUNCIL ASSIGNMENTS Mayor Kookie Fitzsimmons Cities Association of Santa Clara County-City Selection Committee Council Finance Committee Hakone Foundation Executive Board Saratoga Area Senior Coordinating Council Board of Directors West Valley Mayors & Managers Association Vice Mayor Yan Zhao Cities Association of Santa Clara County-Legislative Action Committee Saratoga Ministerial Association Silicon Valley Regional Interoperability Authority Alternate Council Member Belal Aftab Association of Bay Area Governments Hakone Foundation Board of Trustees Santa Clara County Housing and Community Development (HCD) Advisory Committee Saratoga Historical Foundation Board of Directors Valley Transportation Authority (VTA) Policy Advisory Committee Council Member Chuck Page Council Finance Committee Santa Clara Valley Water Commission Saratoga Chamber of Commerce Board West Valley Clean Water Program Authority Board of Directors West Valley Sanitation District Board of Directors West Valley Solid Waste Management Authority Board of Directors

Saratoga City Council Agenda March 1, 2023 – Page 5 of 5 Council Member Tina Walia Cities Association of Santa Clara County Board of Directors KSAR Community Access TV Board Santa Clara County Library District Board of Directors Saratoga Sister City Committee Liaison Silicon Valley Clean Energy Authority Board of Directors CITY COUNCIL ITEMS COUNCIL COMMUNICATIONS CITY MANAGER'S REPORT 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 February 23, 2023 at the City of Saratoga, 13777 Fruitvale Avenue, Saratoga, California and on the City's website at www.saratoga.ca.us. Signed this 23rd day of February 2023 at Saratoga, California. Britt Avrit, MMC, 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]