City Council

Saratoga City Council Minutes ~ September 21, 2022 ~ Page 1 of 6 MINUTES WEDNESDAY, SEPTEMBER 21, 2022 SARATOGA CITY COUNCIL REGULAR MEETING At 5:45 p.m., the City Council held an interview for the Library & Community Engagement Commission via teleconferencing through Zoom. WALIA/BERNALD MOVED TO APPOINT CRISTINA MEISER TO THE LIBRARY & COMMUNITY ENGAGEMENT COMMISSION FOR A PARTIAL-TERM ENDING SEPTEMBER 30, 2025. MOTION PASSED BY VERBAL ROLL CALL. AYES: BERNALD, KUMAR, ZHAO, FITZSIMMONS, WALIA. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE. At 6:00 p.m., the City Council held a Joint Session with the Youth Commission via teleconferencing through Zoom. Youth Commission Work Plan Recommended Action: Meet with Commission, discuss priorities and approve FY 2022/23 work plan with input provided by the City Council. ZHAO/FITZSIMMONS MOVED TO APPROVE THE FY 2022/23 WORK PLAN AS PRESENTED. MOTION PASSED BY VERBAL ROLL CALL. AYES: ZHAO, FITZSIMMONS, WALIA. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: BERNALD, KUMAR. Mayor Walia called the Regular Session to order in memory of Joyce Hlava at 7:00 p.m. via teleconferencing through Zoom. 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 ABSENT: None ALSO PRESENT: James Lindsay, City Manager Crystal Bothelio Assistant City Manager Richard Taylor, City Attorney Britt Avrit, City Clerk John Cherbone, Public Works Director Nick Pegueros, Administrative Services Director Debbie Pedro, Community Development Director Keith Weiner, Building Official Lauren Blom, Public Information Officer Mainini Cabute, Environmental Program Manager

Saratoga City Council Minutes ~ September 21, 2022 ~ Page 2 of 6 REPORT FROM JOINT SESSION Mayor Walia provided a report of the City Council Joint Session with the Youth Commission. REPORT ON POSTING OF THE AGENDA The City Clerk reported the agenda for this meeting was properly posted on September 15, 2022. ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS Mayor Walia invited public comment. No one requested to speak. ANNOUNCEMENTS Mayor Walia shared information about the State of the City Event, Online Art Challenge and Saratoga Loves Poetry, Citywide Scarecrow Competition, Witchy Walk-a-Bout and South Asian Literature & Art Festival. CEREMONIAL ITEMS Appointment of Public Art Commissioner and Library & Community Engagement Commissioner Recommended Action: Adopt the Resolution re-appointing Gloria Wu to the Public Art Commission and appointing Valerie Nygaard to the Library & Community Engagement Commission and direct the City Clerk to administer the Oaths of Office. RESOLUTION 22-037 ZHAO/BERNALD MOVED TO ADOPT THE RESOLUTION RE-APPOINTING GLORIA WU TO THE PUBLIC ART COMMISSION AND APPOINTING VALERIE NYGAARD TO THE LIBRARY & COMMUNITY ENGAGEMENT COMMISSION AND DIRECT THE CITY CLERK TO ADMINISTER THE OATHS OF OFFICE. MOTION PASSED BY VERBAL ROLL CALL. AYES: BERNALD, KUMAR, ZHAO, FITZSIMMONS, WALIA. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE. The City Clerk administered the Oath of Office to Gloria Wu at this time. Suicide Prevention Awareness Month Proclamation Recommended Action: Proclaim September 2022 as Suicide Prevention Awareness Month in the City of Saratoga. The City Council proclaimed September 2022 as Suicide Prevention Awareness Month in the City of Saratoga.

Saratoga City Council Minutes ~ September 21, 2022 ~ Page 3 of 6 Good Neighbor Day Proclamation Recommended Action: Proclaim September 28, 2022 as Good Neighbor Day in the City of Saratoga. The City Council proclaimed September 28, 2022 as Good Neighbor Day in the City of Saratoga. 1. CONSENT CALENDAR Mayor Walia invited public comment on the Consent Calendar. No one requested to speak. 1.1. City Council Meeting Minutes Recommended Action: Approve the Minutes for the September 7, 2022 City Council Regular Meeting. ZHAO/BERNALD MOVED TO APPROVE THE MINUTES FOR THE SEPTEMBER 7, 2022 CITY COUNCIL REGULAR MEETING. MOTION PASSED BY VERBAL ROLL CALL. AYES: BERNALD, KUMAR, ZHAO, FITZSIMMONS, WALIA. 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: 8/31/22 Period 2; 9/8/22 Period 3. ZHAO/BERNALD MOVED TO REVIEW AND ACCEPT CHECK REGISTERS FOR THE FOLLOWING ACCOUNTS PAYABLE PAYMENT CYCLES:8/31/22 PERIOD 2; 9/8/22 PERIOD 3. MOTION PASSED BY VERBAL ROLL CALL. AYES: BERNALD, KUMAR, ZHAO, FITZSIMMONS, WALIA. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE. 1.3. Review and accept the Treasurer’s Report for the month ended July 31, 2022. Recommended Action: Review and accept the Treasurer’s Report for the month ended July 31, 2022. ZHAO/BERNALD MOVED TO REVIEW AND ACCEPT THE TREASURER’S REPORT FOR THE MONTH ENDED JULY 31, 2022. MOTION PASSED BY VERBAL ROLL CALL. AYES: BERNALD, KUMAR, ZHAO, FITZSIMMONS, WALIA. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE. 2. GENERAL BUSINESS 2.1. Railroad Mitigation Improvements Contract with BKF Engineers Recommended Action: Authorize a new contract with BKF Engineers in the amount of $120,000 for the design of the four mitigation sites as part of the Blue Hills Pedestrian Railroad Crossing Project. Mainini Cabute, Environmental Program Manager, presented the staff report.

Saratoga City Council Minutes ~ September 21, 2022 ~ Page 4 of 6 Mayor Walia invited public comment. The following individuals spoke at this time: Bill Dalton, Laura Gloner, Joan Holland, Jim Stallman, Bobby Gloner, Martha Hayden, Chuck Page KUMAR/BERNALD MOVED TO AUTHORIZE A NEW CONTRACT WITH BKF ENGINEERS IN THE AMOUNT OF $120,000 FOR THE DESIGN OF THE FOUR MITIGATION SITES AS PART OF THE BLUE HILLS PEDESTRIAN RAILROAD CROSSING PROJECT. MOTION PASSED BY VERBAL ROLL CALL. AYES: BERNALD, KUMAR, ZHAO, FITZSIMMONS, WALIA. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE. 2.2. Landscaping & Lighting Assessment District LLA-1; Resolutions initiating renewal of the District for FY 23-24. Recommended Action: 1. Move to allow automated license plate readers as an allowable improvement for the District in the Description of Improvements. 2. Move to adopt the Resolution describing improvements and directing preparation of the Engineer’s Report for FY 23-24 3. Move to adopt the Resolution appointing the Attorneys for the District for FY 23-24. John Cherbone, Public Works Director presented the staff report. Mayor Walia invited public comment. The following individuals spoke at this time: Sushama Thakker RESOLUTION 22-038 RESOLUTION 22-039 WALIA/BERNALD MOVED TO ALLOW AUTOMATED LICENSE PLATE READERS AS AN ALLOWABLE IMPROVEMENT FOR THE DISTRICT IN THE DESCRIPTION OF IMPROVEMENTS, ADOPT THE RESOLUTION DESCRIBING IMPROVEMENTS AND DIRECTING PREPARATION OF THE ENGINEER’S REPORT FOR FY 23-24, AND ADOPT THE RESOLUTION APPOINTING THE ATTORNEYS FOR THE DISTRICT FOR FY 23-24. MOTION PASSED BY VERBAL ROLL CALL. AYES: BERNALD, KUMAR, ZHAO, FITZSIMMONS, WALIA. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE. 2.3. Discussion of Silicon Valley Clean Energy and Valley Water Reach Codes Recommended Action: Staff recommends that the City Council receive the report and provide direction to staff. Keith Weiner, Building Official presented the staff report. Mayor Walia invited public comment. No one requested to speak.

Saratoga City Council Minutes ~ September 21, 2022 ~ Page 5 of 6 BERNALD/WALIA MOVED TO DIRECT STAFF TO MOVE FORWARD WITH THE AMENDMENTS PROPOSED IN THE STAFF REPORT FOR ITEM 1 ‘B’ AND ‘C’; ITEM 2 ‘A’ THROUGH ‘C’; ITEM 3: ‘A’ AND ‘D’. MOTION PASSED BY VERBAL ROLL CALL. AYES: BERNALD, KUMAR, ZHAO, WALIA. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: FITZSIMMONS. After experiencing technical issues, Vice Mayor Fitzsimmons returned to the meeting at this time. COUNCIL ASSIGNMENTS Mayor Tina Walia Silicon Valley Clean Energy Authority Board of Directors - stated the Board approved a new battery storage contract, declared October 5 th as Clean Air Day, adopted the strategic focus areas for next fiscal year, approved the budget and discussed new construction reach codes for 2022. Vice Mayor Kookie Fitzsimmons Nothing to report Council Member Mary-Lynne Bernald Nothing to report Council Member Rishi Kumar Nothing to report Council Member Yan Zhao League of California Cities Annual Conference – stated the new President, Ali Sajjad Taj, for the League of California Cities was elected and the submitted resolutions were adopted. CITY COUNCIL ITEMS Council Member Zhao, with support from Vice Mayor Fitzsimmons, requested a future City Council agenda item to discuss and provide direction on returning to in person meetings. COUNCIL COMMUNICATIONS None. CITY MANAGER'S REPORT None CITY ATTORNEY'S REPORT None

Saratoga City Council Minutes ~ September 21, 2022 ~ Page 6 of 6 ADJOURNMENT BERNALD/ZHAO MOVED TO ADJOURN THE MEETING AT 9:56 P.M. MOTION PASSED BY VERBAL ROLL CALL. AYES: BERNALD, KUMAR, ZHAO, FITZSIMMONS, WALIA. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE. Minutes respectfully submitted: Britt Avrit, City Clerk City of Saratoga

Saratoga City Council Agenda September 21, 2022 – Page 1 of 5 SARATOGA CITY COUNCIL REGULAR MEETING SEPTEMBER 21, 2022 AMENDED AGENDA • 9/21/2022 ITEM 2.1 SUPPORTING DOCUMENTS ADDED • 9/21/2022 ITEM 2.3 PRESENTATION SLIDES ADDED • 9/21/2022 ITEM 2.1 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 the 5:45 p.m. Commission Interview by: • Using the Zoom website https://us02web.zoom.us/j/89562705914; Webinar ID 895 6270 5914 OR • Calling 1.408.638.0968 or 1.669.900.6833 and entering the Webinar ID provided above Members of the public can view and participate in the 6:00 p.m. Joint Session by: • Using the Zoom website https://us02web.zoom.us/j/89562705914; Webinar ID 895 6270 5914 OR • Calling 1.408.638.0968 or 1.669.900.6833 and entering the Webinar ID provided above Members of the public can view and participate in the 7:00 p.m. Regular Session by: • Using the Zoom website https://us02web.zoom.us/j/81752471204; Webinar ID 817 5247 1204 OR • Calling 1.408.638.0968 or 1.669.900.6833 and entering the Webinar ID provided above; OR • 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 • Viewing online at http://saratoga.granicus.com/MediaPlayer.php?publish_id=2 and calling in following the direction above. The public will not be able to participate in the meeting in person. Written Communication Comments can be submitted in writing at www.saratoga.ca.us/comment. Written communications will be provided to the members of the Council and included in the Agenda Packet and/or in supplemental meeting materials.

Saratoga City Council Agenda September 21, 2022 – Page 2 of 5 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. 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. 5:45 PM COMMISSION INTERVIEW 6:00 PM JOINT SESSION Youth Commission Work Plan Recommended Action: Meet with Commission, discuss priorities and approve FY 2022/23 work plan with input provided by the City Council. Staff Report Attachment A – Proposed FY 22/23 Work Plan Attachment B - Presentation Slides 7:00 PM REGULAR SESSION ROLL CALL REPORT ON POSTING OF THE AGENDA The agenda for this meeting was properly posted on September 15, 2022. 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 Appointment of Public Art Commissioner and Library & Community Engagement Commissioner Recommended Action: Adopt the Resolution re-appointing Gloria Wu to the Public Art Commission and appointing Valerie Nygaard to the Library & Community Engagement Commission and direct the City Clerk to administer the Oaths of Office. Time Name Commission Vacancies Incumbent 5:45 p.m. Cristina Meiser Library & Community Engagement Commission 1 Partial Term ending September 30, 2025 Yes

Saratoga City Council Agenda September 21, 2022 – Page 3 of 5 Staff Report Attachment A - Resolution, Public Art Commission and Library and Community Engagement Commission Appointments Suicide Prevention Awareness Month Proclamation Recommended Action: Proclaim September 2022 as Suicide Prevention Awareness Month in the City of Saratoga. Staff Report Attachment A – Suicide Prevention Awareness Month Proclamation Good Neighbor Day Proclamation Recommended Action: Proclaim September 28, 2022 as Good Neighbor Day in the City of Saratoga. Staff Report Attachment A – Good Neighbor Day Proclamation 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 September 7, 2022 City Council Regular Meeting. Staff Report Attachment A - Minutes for the September 7, 2022 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: 8/31/22 Period 2; 9/8/22 Period 3 Staff Report Attachment A - Check Register 08-31-2022 Period 2 Attachment B - Check Register 09-08-2022 Period 3 1.3. Review and accept the Treasurer’s Report for the month ended July 31, 2022. Recommended Action: Review and accept the Treasurer’s Report for the month ended July 31, 2022. Staff Report 2. GENERAL BUSINESS 2.1. Railroad Mitigation Improvements Contract with BKF Engineers Recommended Action: Authorize a new contract with BKF Engineers in the amount of $120,000 for the design of the four mitigation sites as part of the Blue Hills Pedestrian Railroad Crossing Project. Staff Report Attachment A- Railroad Mitigation Improvements Contract with BKF Engineers Supplemental Memo 09-21-2022, Item 2.1 Supplemental Material Supplemental Memo 09-21-2022, Item 2.1 Written Communications

Saratoga City Council Agenda September 21, 2022 – Page 4 of 5 2.2. Landscaping & Lighting Assessment District LLA-1; Resolutions initiating renewal of the District for FY 23-24. Recommended Action: 1. Move to allow automated license plate readers as an allowable improvement for the District in the Description of Improvements. 2. Move to adopt the Resolution describing improvements and directing preparation of the Engineer’s Report for FY 23-24 3. Move to adopt the Resolution appointing the Attorneys for the District for FY 23-24. Staff Report Attachment A - Resolution Improvements and Report Prep Attachment B - Appointment of Attorneys 2.3. Discussion of Silicon Valley Clean Energy and Valley Water Reach Codes Recommended Action: Staff recommends that the City Council receive the report and provide direction to staff. Staff Report Presentation Slides Item 2.3 (added 09-21-2022) COUNCIL ASSIGNMENTS Mayor Tina Walia Cities Association of Santa Clara County-City Selection Committee Cities Association of Santa Clara County-Legislative Action Committee Cities Association of Santa Clara County Council Finance Committee Hakone Foundation Board of Trustees and Executive Board KSAR Community Access TV Board Silicon Valley Clean Energy Authority Board of Directors West Valley Mayors & Managers Association Vice Mayor Kookie Fitzsimmons Council Finance Committee Hakone Foundation Board of Trustees Santa Clara County Housing and Community Development (HCD) Advisory Committee Saratoga Chamber of Commerce Board Saratoga Sister City Committee Liaison Council Member Mary-Lynne Bernald Saratoga Historical Foundation Board of Directors Council Member Rishi Kumar Santa Clara County Library District Board of Directors Santa Clara Valley Water Commission West Valley Clean Water Program Authority Board of Directors West Valley Solid Waste Management Authority Board of Directors

Saratoga City Council Agenda September 21, 2022 – Page 5 of 5 Council Member Yan Zhao Association of Bay Area Governments Saratoga Area Senior Coordinating Council Board of Directors Saratoga Ministerial Association Valley Transportation Authority (VTA) Policy Advisory Committee Valley Transportation Authority (VTA) State Route 85 Corridor Policy Advisory Board West Valley Sanitation District 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 September 15, 2022 at the City of Saratoga, 13777 Fruitvale Avenue, Saratoga, California and on the City's website at www.saratoga.ca.us. Signed this 15th day of September 2022 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]