Commission Interviews - Planning Commission

Saratoga City Council Minutes ~ March 2, 2022 ~ Page 1 of 6 MINUTES WEDNESDAY, MARCH 2, 2022 SARATOGA CITY COUNCIL REGULAR MEETING At 5:00 p.m., the City Council held interviews for the Planning Commission via teleconferencing through Zoom. BERNALD/FITZSIMMONS MOVED TO REAPPOINT CLINTON BROWNLEY TO THE PLANNING COMMISSION FOR A FULL-TERM ENDING MARCH 31, 2026. MOTION PASSED BY VERBAL ROLL CALL. AYES: BERNALD, KUMAR, ZHAO, FITZSIMMONS, WALIA: NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE. FITZSIMMONS/ZHAO MOVED TO APPOINT PING LI TO THE PLANNING COMMISSION FOR A FULL-TERM ENDING MARCH 31, 2026. MOTION PASSED BY VERBAL ROLL CALL. AYES: BERNALD, KUMAR, ZHAO, FITZSIMMONS, WALIA: NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE. Mayor Walia called the Regular Session to order 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 (All Council Members appearing via teleconference) ABSENT: None ALSO PRESENT: James Lindsay, City Manager Crystal Bothelio, Assistant City Manager Richard Taylor, City Attorney Britt Avrit, City Clerk Debbie Pedro, Community Development Director John Cherbone, Public Works Director Nick Pegueros, Administrative Services Director Kayla Nakamoto, Administrative Analyst Ann Xu, Accountant II (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 February 24, 2022.

Saratoga City Council Minutes ~ March 2, 2022 ~ Page 2 of 6 ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS Mayor Walia invited public comment. No one requested to speak. ANNOUNCEMENTS Mayor Walia shared COVID-19 Updates, and information about the Celebrate St. Patrick’s Day in the Village Event, Commission recruitments and the Community Event Grant Program. CEREMONIAL ITEMS Proclamation Declaring March 2022 as Youth Art Month Recommended Action: Present the proclamation declaring March 2022 as Youth Art Month The City Council proclaimed March as Youth Art Month 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 February 16, 2022 City Council Regular Meeting. FITZSIMMONS/ZHAO MOVED TO APPROVE THE MINUTES FOR THE FEBRUARY 16, 2022 CITY COUNCIL REGULAR MEETING AS AMENDED. 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: 2/10/22 Period 8; 2/17/22 Period 8. FITZSIMMONS/ZHAO MOVED TO REVIEW AND ACCEPT CHECK REGISTERS FOR ACCOUNTS PAYABLE PAYMENT CYCLES: 2/10/22 PERIOD 8; 2/17/22 PERIOD 8. MOTION PASSED BY VERBAL ROLL CALL. AYES: BERNALD, KUMAR, ZHAO, FITZSIMMONS, WALIA: NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE. 1.3. Notice of Completion – 2021 Civic Theater Lighting and Controls Upgrade Project Recommended Action: Move to accept the 2021 Civic Theater Lighting and Controls Upgrade Project contract as complete and authorize staff to record the Notice of Completion.

Saratoga City Council Minutes ~ March 2, 2022 ~ Page 3 of 6 FITZSIMMONS/ZHAO MOVED TO ACCEPT THE 2021 CIVIC THEATER LIGHTING AND CONTROLS UPGRADE PROJECT CONTRACT AS COMPLETE AND AUTHORIZE STAFF TO RECORD THE NOTICE OF COMPLETION. MOTION PASSED BY VERBAL ROLL CALL. AYES: BERNALD, KUMAR, ZHAO, FITZSIMMONS, WALIA: NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE. 2. PUBLIC HEARING 2.1. Ordinance relating to appeals of State determinations regarding development in Very High Fire Hazard Zones Recommended Action: Conduct a public hearing, introduce and waive the first reading of an ordinance amending section 16-05.020 of the Saratoga Municipal Code relating to appeals of State determinations regarding development in Very High Fire Hazard Zones, and direct staff to place the ordinance on the Consent Calendar of the next regular meeting of the City Council for adoption. Richard Taylor, City Attorney, presented the staff report. Mayor Walia invited public comment. No one requested to speak. ZHAO/FITZSIMMONS/ MOVED TO INTRODUCE AND WAIVE THE FIRST READING OF AN ORDINANCE AMENDING SECTION 16-05.020 OF THE SARATOGA MUNICIPAL CODE RELATING TO APPEALS OF STATE DETERMINATIONS REGARDING DEVELOPMENT IN VERY HIGH FIRE HAZARD ZONES, AND DIRECT STAFF TO PLACE THE ORDINANCE ON THE CONSENT CALENDAR OF THE NEXT REGULAR MEETING OF THE CITY COUNCIL FOR ADOPTION. MOTION PASSED BY VERBAL ROLL CALL. AYES: BERNALD, KUMAR, ZHAO, FITZSIMMONS, WALIA: NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE. 3. GENERAL BUSINESS 3.1. American Rescue Plan Act/Coronavirus State and Local Fiscal Recovery Funds Spending Plan & FY 2022 Budget Adjustment Recommended Action: Adopt the budget resolution amending the FY 2022 budget by creating a new special revenue fund titled “SLFRF Fund” and appropriating five Capital Improvement Plan Stormwater Management Project budgets. James Lindsay, City Manager, presented the staff report. Mayor Walia invited public comment. No one requested to speak.

Saratoga City Council Minutes ~ March 2, 2022 ~ Page 4 of 6 RESOLUTION 2022-004 BERNALD/ZHAO MOVED TO ADOPT THE BUDGET RESOLUTION AMENDING THE FY 2022 BUDGET BY CREATING A NEW SPECIAL REVENUE FUND TITLED “SLFRF FUND” AND APPROPRIATING FIVE CAPITAL IMPROVEMENT PLAN STORMWATER MANAGEMENT PROJECT BUDGETS. MOTION PASSED BY VERBAL ROLL CALL. AYES: BERNALD, KUMAR, ZHAO, FITZSIMMONS, WALIA: NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE. 3.2. Reconsider and confirm findings pursuant to Assembly Bill 361 Recommended Actions: 1. Reconsider and confirm findings pursuant to Assembly Bill (AB) 361 of the continued existence of a state of emergency and public health officials’ recommendation of social distancing to continue virtual meetings for all City of Saratoga Brown Act bodies through March 31, 2022. 2. Provide direction to staff regarding future in-person Brown Act meetings. Britt Avrit, City Clerk, presented the staff report. Mayor Walia invited public comment. No one requested to speak. FITZSIMMONS/BERNALD MOVED TO CONFIRM FINDINGS PURSUANT TO ASSEMBLY BILL (AB) 361 OF THE CONTINUED EXISTENCE OF A STATE OF EMERGENCY AND PUBLIC HEALTH OFFICIALS’ RECOMMENDATION OF SOCIAL DISTANCING TO CONTINUE VIRTUAL MEETINGS FOR ALL CITY OF SARATOGA BROWN ACT BODIES THROUGH MARCH 31, 2022 AND MOVED TO RETURN TO IN-PERSON MEETINGS FOR ALL CITY OF SARATOGA BROWN ACT BODIES AS OF APRIL 1, 2022 AND CONTINUE TO CONFIRM FINDINGS PURSUANT TO ASSEMBLY BILL (AB) 361 EVERY 30 DAYS. The City Council discussed impacts of a proclaimed state of emergency, actions taken by the County Health Officer and the impacts of the Governor’s action, or non-action, related to various Executive Orders. After further discussion, Vice Mayor Fitzsimmons, with support from Council Member Bernald, rescinded her motion. KUMAR/WALIA MOVED TO RECONSIDER AND CONFIRM FINDINGS PURSUANT TO ASSEMBLY BILL (AB) 361 OF THE CONTINUED EXISTENCE OF A STATE OF EMERGENCY AND PUBLIC HEALTH OFFICIALS’ RECOMMENDATION OF SOCIAL DISTANCING TO CONTINUE VIRTUAL MEETINGS FOR ALL CITY OF SARATOGA BROWN ACT BODIES THROUGH MARCH 31, 2022 AND MOVED TO CONTINUE VIRTUAL MEETINGS FOR ALL CITY OF SARATOGA BROWN ACT BODIES AND RECONFIRM FINDINGS PURSUANT TO ASSEMBLY BILL (AB) 361 EVERY 30 DAYS. MOTION PASSED BY VERBAL ROLL CALL. AYES: BERNALD, KUMAR, ZHAO, FITZSIMMONS, WALIA: NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE.

Saratoga City Council Minutes ~ March 2, 2022 ~ Page 5 of 6 3.3. Meeting Recording Policy Recommended Action: Consider Mayor’s proposal to direct staff to amend the Meeting Recording Policy adding City Council Finance Committee meetings to the list of City meetings that are recorded. Crystal Bothelio, Assistant City Manager, presented the staff report. Mayor Walia invited public comment. No one requested to speak. WALIA/FITZSIMMONS MOVED TO DIRECT STAFF TO PLACE A RESOLUTION AMENDING THE MEETING RECORDING POLICY BY ADDING CITY COUNCIL FINANCE COMMITTEE MEETINGS TO THE LIST OF CITY MEETINGS THAT ARE RECORDED ON THE AGENDA FOR THE NEXT REGULAR CITY COUNCIL MEETING. MOTION PASSED BY VERBAL ROLL CALL. AYES: BERNALD, KUMAR, ZHAO, FITZSIMMONS, WALIA: NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE. COUNCIL ASSIGNMENTS Council Member Mary-Lynne Bernald Recycled Waste & Reduction Commission – stated she attended this meeting due to her Cities Association appointment to the Santa Clara County Commission; the Commission received a presentation on state and local single use plastic legislation, received a budget presentation which includes “hiring a consultant to develop a Memorandum of Understanding that establishes a sustainable funding model for countywide edible food recovery” and discussed the South Bay Green Gardens program. Saratoga Historical Foundation Board of Directors – stated the Board received an update on Blossom Festival plans, received an update on the blacksmith shop including receipt of a grant to be used towards the shop and stated the Board is appreciative of the work done on the McWilliams House improvements. Council Member Rishi Kumar Nothing to Report Vice Mayor Kookie Fitzsimmons Hakone Foundation Board of Trustees – discussed a recent ribbon cutting, stated the Board discussed a short film on the Hakone Gardens, discussed financial status, funding for the Hakone Pond Renovation and Vice Mayor Fitzsimmons mentioned the various flowers in bloom at the gardens. Council Member Yan Zhao Saratoga Area Senior Coordinating Council Board of Directors – stated this meeting was cancelled due to lack of quorum.

Saratoga City Council Minutes ~ March 2, 2022 ~ Page 6 of 6 Mayor Tina Walia Council Finance Committee – stated the Committee received an ARPA funds report, the Fiscal Year 2022/2023 Operating and CIP Budget process report, and a financial policies report. Hakone Foundation Executive Board – briefly discussed the treasurers report and her attendance at the opening of an art show at Hakone Gardens. West Valley Mayors & Managers Association – stated a presentation on an evacuation tool was provided from Santa Clara County Fire and the group discussed regarding returning to in-person meetings. CITY COUNCIL ITEMS None COUNCIL COMMUNICATIONS Council Member Kumar discussed California’s solar program, and the RHNA number audit. CITY MANAGER'S REPORT None ADJOURNMENT BERNALD/FITZSIMMONS MOVED TO ADJOURN THE MEETING AT 9:03 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, MMC, City Clerk City of Saratoga

Saratoga City Council Agenda March 2, 2022 – Page 1 of 6 SARATOGA CITY COUNCIL REGULAR MEETING MARCH 2, 2022 AMENDED AGENDA • 02/28/2022 ITEM 1.1 ATTACHMENT A, REVISED 02-28-2022 • 02/28/2022 ITEM 1.3 RECOMMENDED ACTION REVISED TO MATCH STAFF REPORT 02-28-2022 • 03/02/2022 ITEM 2.1 WRITTEN COMMUNICATIONS ADDED • 03/02/2022 ITEM 3.1 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 5:00 p.m. Commission Interviews by: • Using the Zoom website https://us02web.zoom.us/j/84336814631; Webinar ID 843 3681 4631 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/85240135758; Webinar ID 852 4013 5758 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 received by 5:00 p.m., eight calendar days before the Council Meeting will be included in the City Council’s agenda packet. Anything received after that time and up to the end of the public comment period for that item will be provided to the members of the Council and included in supplemental meeting materials.

Saratoga City Council Agenda March 2, 2022 – Page 2 of 6 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. 5:00 PM COMMISSION INTERVIEWS 7:00 PM REGULAR SESSION ROLL CALL REPORT ON POSTING OF THE AGENDA The agenda for this meeting was properly posted on February 24, 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 Time Name Commission Vacancies Incumbent 5:00 p.m. Clinton Brownley Planning Commission 2 Full Terms (ending March 31, 2026) Yes 5:15 p.m. John Fitzpatrick Planning Commission 2 Full Terms (ending March 31, 2026) No 5:30 p.m. Monica Gupta Planning Commission 2 Full Terms (ending March 31, 2026) No 5:45 p.m. Ping Li Planning Commission 2 Full Terms (ending March 31, 2026) No 6:00 p.m. Hobert Wai Planning Commission 2 Full Terms (ending March 31, 2026) No

Saratoga City Council Agenda March 2, 2022 – Page 3 of 6 CEREMONIAL ITEMS Proclamation Declaring March 2022 as Youth Art Month Recommended Action: Present the proclamation declaring March 2022 as Youth Art Month Staff Report Attachment A - Proclamation Declaring March 2022 as Youth Art Month 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 16, 2022 City Council Regular Meeting. Staff Report (Updated 02-28-2022) Attachment A - Minutes for the February 16, 2022 City Council Regular Meeting, Revised 02-28-2022 1.2. Review of Accounts Payable Check Registers Recommended Action: Review and accept check registers for the following accounts payable payment cycles: 2/10/22 Period 8; 2/17/22 Period 8. Staff Report Attachment A - Check Register 02-10-2022 Period 8 Attachment B - Check Register 02-17-2022 Period 8 1.3. Notice of Completion – 2021 Civic Theater Lighting and Controls Upgrade Project Recommended Action: Move to accept the 2021 Civic Theater Lighting and Controls Upgrade Project contract as complete and authorize staff to record the Notice of Completion. Staff Report Attachment A - Notice of Completion 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. 2.1. Ordinance relating to appeals of State determinations regarding development in Very High Fire Hazard Zones Recommended Action: Conduct a public hearing, introduce and waive the first reading of an ordinance amending section 16-05.020 of the Saratoga Municipal Code relating to appeals of State determinations regarding development in Very High Fire Hazard Zones, and direct staff to place the ordinance on the Consent Calendar of the next regular meeting of the City Council for adoption. Staff Report Attachment A – Fire Safe Determinations Appeals Ordinance

Saratoga City Council Agenda March 2, 2022 – Page 4 of 6 Attachment B – Map of Very High Fire Hazard Severity Zones in Saratoga Supplemental Memo Written Communications, Item 2.1 (added 03-02-2022) 3. GENERAL BUSINESS 3.1. American Rescue Plan Act/Coronavirus State and Local Fiscal Recovery Funds Spending Plan & FY 2022 Budget Adjustment Recommended Action: Adopt the budget resolution amending the FY 2022 budget by creating a new special revenue fund titled “SLFRF Fund” and appropriating five Capital Improvement Plan Stormwater Management Project budgets. Staff Report - ARPA SLFRF Attachment A - Final Rule Overview Attachment B - Budget Adjustment Resolution Attachment C - Project Worksheets.pdf Supplemental Memo Written Communications, Item 3.1 (added 03-02-2022) 3.2. Reconsider and confirm findings pursuant to Assembly Bill 361 Recommended Action: 1. Reconsider and confirm findings pursuant to Assembly Bill (AB) 361 of the continued existence of a state of emergency and public health officials’ recommendation of social distancing to continue virtual meetings for all City of Saratoga Brown Act bodies through March 31, 2022. 2. Provide direction to staff regarding future in-person Brown Act meetings. Staff Report Attachment A - City Council Resolution 21-073 Authorizing Teleconferenced Mtgs Pursuant to AB 361 3.3. Meeting Recording Policy Recommended Action: Consider Mayor’s proposal to direct staff to amend the Meeting Recording Policy adding City Council Finance Committee meetings to the list of City meetings that are recorded. Staff Report Attachment A – Meeting Recording Policy 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 Executive Board KSAR Community Access TV Board Silicon Valley Clean Energy Authority Board of Directors West Valley Mayors & Managers Association

Saratoga City Council Agenda March 2, 2022 – Page 5 of 6 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 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 February 24, 2022 at the City of Saratoga, 13777 Fruitvale Avenue, Saratoga, California and on the City's website at www.saratoga.ca.us. Signed this 24th day of February 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.

Saratoga City Council Agenda March 2, 2022 – Page 6 of 6 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]