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SARATOGA (SANTACLARA COUNTY)Decisions publishedPartial coverage

City Council

Wednesday, July 21, 2021 · Government meeting record

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Saratoga City Council Minutes ~ July 21, 2021 ~ Page 1 of 11 MINUTES WEDNESDAY, JULY 21, 2021 SARATOGA CITY COUNCIL REGULAR MEETING At 4:00 p.m., the City Council held a Closed Session via teleconferencing through Zoom. Mayor Zhao invited public comment on the item. No one requested to speak. At 6:01 p.m., the City Council held a Joint Meeting with the Hakone Board via teleconferencing through Zoom. Mayor Zhao invited public comment. No one requested to speak. Mayor Zhao called the virtual Regular Session to order at 7:02 p.m. via teleconferencing through Zoom. Prior to Roll Call, the Mayor and City Clerk explained that the City Council meeting was conducted pursuant to provisions of the Brown Act and a recent Executive Order issued by the Governor to facilitate teleconferencing to reduce the risk of COVID-19 transmission at public meetings. Ordinarily the Brown Act sets strict rules for teleconferencing. The Governor’s Executive Order has suspended those rules. The Executive Order does require that public agencies continue to notice meetings in advance and provide members of the public an opportunity to observe the meeting and offer public comment. The City Council met all of the applicable notice requirements and the public is welcome to participate in this meeting. Information on how the public can observe the meeting and provide public comment was also shared. Additionally, the Mayor explained that votes would be taken through roll call. ROLL CALL PRESENT: Mayor Yan Zhao, Vice Mayor Tina Walia, Council Members Rishi Kumar, Kookie Fitzsimmons, Mary-Lynne Bernald (All Council Members appearing via teleconference) ABSENT: None ALSO PRESENT: James Lindsay, City Manager Richard Taylor, City Attorney Crystal Bothelio, Assistant City Manager Debbie Bretschneider, City Clerk Mary Furey, Administrative Services Director Debbie Pedro, Community Development Director John Cherbone, Public Works Director Chris Riordan, Senior Planner Dennis Jaw, Finance Manager Nicole Johnson, Senior Planner Christina Fusco, Arborist Kayla Nakamoto, Administrative Analyst Emma Burkhalter, Associate Civil Engineer

Saratoga City Council Minutes ~ July 21, 2021 ~ Page 2 of 11 Macedonio Nunez, Senior Civil Engineer Mainini Cabute, Environmental Program Manager (All staff members appearing via teleconference) City Clerk Debbie Bretschneider confirmed all City Council members could hear the meeting proceedings and no doubts were expressed regarding the identities of the individuals representing themselves as City Council Members. REPORT ON POSTING OF THE AGENDA City Clerk Debbie Bretschneider reported that the agenda for this meeting was properly posted on July 16, 2021. REPORT ON CLOSED SESSION Mayor Zhao reported that the City Council held a Closed Session on anticipated litigation and to conduct a public employee performance evaluation for the City Manager. There were no reportable actions. REPORT ON JOINT MEETING Ann Waltonsmith, Chair of Hakone Board, and Shozo Kagoshima, Executive Director of Hakone Foundation, spoke about the Joint Meeting with Council. ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS Carl Guardino, Executive Vice President of Bloom Energy, spoke about the August 22, 2021, Stars & Strides Run and Walk. Jeffrey Schwartz spoke about the Brown Act and the RHNA Allocation process. ANNOUNCEMENTS Mayor Zhao shared information about COVID-19 updates, the Housing Element appeal, Safe Routes to School Masterplan, and several Commission recruitments. CEREMONIAL Mayor Zhao and the Council presented retiring City Clerk Debbie Bretschneider with a commendation. SPECIAL PRESENTATIONS Presentation by Silicon Valley Leadership Group CEO Ahmad Thomas Recommended Action: Receive presentation by Silicon Valley Leadership Group CEO Ahmad Thomas.

Saratoga City Council Minutes ~ July 21, 2021 ~ Page 3 of 11 Mayor Zhao and the Council received a presentation by Silicon Valley Leadership Group CEO Ahmad Thomas. Mayor Zhao invited public comment on the item. No one requested to speak. 1. CONSENT CALENDAR 1.1. City Council Meeting Minutes Recommended Action: Approve the City Council minutes for the Regular City Council Meeting on July 7, 2021. BERNALD/FITZSIMMONS MOVED TO APPROVE THE CITY COUNCIL MINUTES FOR THE MINUTES OF THE REGULAR CITY COUNCIL MEETING ON JULY 7, 2021. MOTION PASSED BY VERBAL ROLL CALL. AYES: ZHAO, WALIA, KUMAR, FITZSIMMONS, BERNALD. NOES: NONE. ABSTAIN: 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: 07/08/21 Period 13; 07/08/21 Period 1: 07/13/21 Period 13; 07/13/21 Period 1 BERNALD/FITZSIMMONS MOVED TO ACCEPT CHECK REGISTERS FOR THE FOLLOWING ACCOUNTS PAYABLE PAYMENT CYCLES: 07/08/21 PERIOD 13; 07/08/21 PERIOD 1: 07/13/21 PERIOD 13; 07/13/21 PERIOD 1. MOTION PASSED BY VERBAL ROLL CALL. AYES: ZHAO, WALIA, KUMAR, FITZSIMMONS, BERNALD. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 1.3. City Council and Commissions Electronic Communications Policy Update Recommended Action: Adopt the attached resolution amending the 2010 City Council and Commissions Electronic Communications Policy. Council Member Bernald and Vice Mayor Walia removed this item from the Consent Calendar for discussion. Mayor Zhao invited public comment on the item. No one requested to speak. RESOLUTION 21-049 WALIA/FITZSIMMONS MOVED TO ADOPT THE RESOLUTION AMENDING THE 2010 CITY COUNCIL AND COMMISSIONS ELECTRONIC COMMUNICATIONS POLICY, WITH THESE CHANGES: 1) IN II.B DEFINITION OF E-COMMUNICATION, ADD FACEBOOK AND INSTAGRAM; 2) IN III.G.1, REVISE “TO AVOID INADVERTENT VIOLATIONS OF THE BROWN ACT, THE MAYOR, OR THE MAYOR’S DESIGNATED REPRESENTATIVE, IN

Saratoga City Council Minutes ~ July 21, 2021 ~ Page 4 of 11 CONSULTATION WITH STAFF IF NECESSARY, WILL RESPOND ON BEHALF OF THE COUNCIL TO E-COMMUNICATION ADDRESSED TO THE COUNCIL. THE COMMISSION CHAIR OR COMMISSION STAFF LIAISON WILL RESPOND ON BEHALF OF THE COMMISSION TO E-COMMUNICATION ADDRESSED TO THE COMMISSION.” TO “TO AVOID INADVERTENT VIOLATIONS OF THE BROWN ACT, THE MAYOR, OR THE MAYOR’S DESIGNATED REPRESENTATIVE, IN CONSULTATION WITH STAFF IF NECESSARY, WILL RESPOND ON BEHALF OF THE COUNCIL TO E- COMMUNICATION ADDRESSED TO THE COUNCIL WITH A COPY TO THE CITY COUNCIL. THE COMMISSION CHAIR OR COMMISSION STAFF LIAISON WILL RESPOND ON BEHALF OF THE COMMISSION TO E- COMMUNICATION ADDRESSED TO THE COMMISSION WITH A COPY TO THE COMMISSION.”; AND, IN III.H CITY ELECTRONIC COMMUNICATIONS WITH THE PUBLIC, DELETE “FOR THE CURRENT AND PRIOR CALENDAR YEAR.” MOTION PASSED BY VERBAL ROLL CALL. AYES: ZHAO, WALIA, KUMAR, FITZSIMMONS, BERNALD. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 1.4. Award of Contract in the amount of $59,970 to Fehr and Peers Transportation Consultants to develop a Local Roadway Safety Plan Recommended Action: 1. Approve contract with Fehr and Peers Transportation Consultants for the Local Roadway Safety Plan development, in the amount of $59,970, and authorize the City Manager to execute the same. 2. Authorize staff to execute change orders to the contract up to $5,997. BERNALD/FITZSIMMONS MOVED TO APPROVE CONTRACT WITH FEHR AND PEERS TRANSPORTATION CONSULTANTS FOR THE LOCAL ROADWAY SAFETY PLAN DEVELOPMENT, IN THE AMOUNT OF $59,970, AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE SAME AND TO AUTHORIZE STAFF TO EXECUTE CHANGE ORDERS TO THE CONTRACT UP TO $5,997. MOTION PASSED BY VERBAL ROLL CALL. AYES: ZHAO, WALIA, KUMAR, FITZSIMMONS, BERNALD. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 1.5. Resolution of Local Support for the Funding of the Blue Hills Elementary Pedestrian Crossing at UPRR Recommended Action: Adopt the Resolution supporting the Funding Application for the Blue Hills Elementary Pedestrian Crossing at Union Pacific Railroad. RESOLUTION 21-050 BERNALD/FITZSIMMONS MOVED TO ADOPT THE RESOLUTION SUPPORTING THE FUNDING APPLICATION FOR THE BLUE HILLS ELEMENTARY PEDESTRIAN CROSSING AT UNION PACIFIC RAILROAD. MOTION PASSED BY VERBAL ROLL CALL. AYES: ZHAO, WALIA, KUMAR, FITZSIMMONS, BERNALD. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.

Saratoga City Council Minutes ~ July 21, 2021 ~ Page 5 of 11 1.6. Three Year Contract for Microsoft Enterprise Agreement in the amount not to exceed $25,669 per fiscal year Recommended Action: Authorize the City Manager to enter into a three-year Microsoft Enterprise Agreement through SoftwareONE for Office 365 and Windows Server licenses in the amount not to exceed $25,669 per fiscal year. BERNALD/FITZSIMMONS MOVED TO AUTHORIZE THE CITY MANAGER TO ENTER INTO A THREE-YEAR MICROSOFT ENTERPRISE AGREEMENT THROUGH SOFTWAREONE FOR OFFICE 365 AND WINDOWS SERVER LICENSES IN THE AMOUNT NOT TO EXCEED $25,669 PER FISCAL YEAR. MOTION PASSED BY VERBAL ROLL CALL. AYES: ZHAO, WALIA, KUMAR, FITZSIMMONS, BERNALD. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 1.7. Sales Tax Consultant Amendment and Novation Agreement Recommended Action: City Council to review and approve the Amendment and Novation Agreement and the Resolution for Sales Tax Consultant services to substitute the legal entity name of MuniServices LLC for Municipal Resources. RESOLUTION 21-051 BERNALD/FITZSIMMONS MOVED TO APPROVE THE AMENDMENT AND NOVATION AGREEMENT AND THE RESOLUTION FOR SALES TAX CONSULTANT SERVICES TO SUBSTITUTE THE LEGAL ENTITY NAME OF MUNISERVICES LLC FOR MUNICIPAL RESOURCES. MOTION PASSED BY VERBAL ROLL CALL. AYES: ZHAO, WALIA, KUMAR, FITZSIMMONS, BERNALD. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 1.8. Contract with Riverview Systems Group, Inc. for installing video conferencing improvements in the Linda Callon Conference Room in the amount of $35,100 Recommended Action: Authorize the City Manager to enter into a contract with Riverview Systems Group, Inc. for the installation of video conferencing improvements in the Linda Callon Conference Room in the amount of $35,100. BERNALD/FITZSIMMONS MOVED TO AUTHORIZE THE CITY MANAGER TO ENTER INTO A CONTRACT WITH RIVERVIEW SYSTEMS GROUP, INC. FOR THE INSTALLATION OF VIDEO CONFERENCING IMPROVEMENTS IN THE LINDA CALLON CONFERENCE ROOM IN THE AMOUNT OF $35,100. MOTION PASSED BY VERBAL ROLL CALL. AYES: ZHAO, WALIA, KUMAR, FITZSIMMONS, BERNALD. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 1.9. Budget Adjustment and Contract for Geographic Information System Consultant - Lynx Technologies, Inc. for $32,500 Recommended Action: 1. Adopt the attached resolution approving an adjustment to the FY 2021/2022 Operating & Capital Improvement Budget for geographic information system (GIS) consulting services; AND

Saratoga City Council Minutes ~ July 21, 2021 ~ Page 6 of 11 2. Authorize the City Manager to execute a contract amendment for GIS consulting services with Lynx Technologies, Inc. in the amount of $32,500. RESOLUTION 21-052 BERNALD/FITZSIMMONS MOVED TO ADOPT THE RESOLUTION APPROVING AN ADJUSTMENT TO THE FY 2021/2022 OPERATING & CAPITAL IMPROVEMENT BUDGET FOR GEOGRAPHIC INFORMATION SYSTEM (GIS) CONSULTING SERVICES AND TO AUTHORIZE THE CITY MANAGER TO EXECUTE A CONTRACT AMENDMENT FOR GIS CONSULTING SERVICES WITH LYNX TECHNOLOGIES, INC. IN THE AMOUNT OF $32,500. MOTION PASSED BY VERBAL ROLL CALL. AYES: ZHAO, WALIA, KUMAR, FITZSIMMONS, BERNALD. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 1.10. ZOA21-0001 / Amendment to the City’s Tree Regulations Recommended Action: Waive the second reading of the attached ordinance adopting and modifying Article 15-50 (Tree Regulations) to define problematic tree species and eliminate the tree removal permit fee for these trees. ORDINANCE 380 BERNALD/FITZSIMMONS MOVED TO ADOPT THE ORDINANCE MODIFYING ARTICLE 15-50 (TREE REGULATIONS) TO DEFINE PROBLEMATIC TREE SPECIES AND ELIMINATE THE TREE REMOVAL PERMIT FEE FOR THESE TREES. MOTION PASSED BY VERBAL ROLL CALL. AYES: ZHAO, WALIA, KUMAR, FITZSIMMONS, BERNALD. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 1.11. 4Leaf, Inc. Building Inspection Services Contract for the Amount of $40,000 Recommended Action: Authorize the City Manager to execute a contract with 4Leaf, Inc. for as-needed professional building inspection services in the amount of $40,000.00 for FY 2021-22. BERNALD/FITZSIMMONS MOVED TO AUTHORIZE THE CITY MANAGER TO EXECUTE A CONTRACT WITH 4LEAF, INC. FOR AS-NEEDED PROFESSIONAL BUILDING INSPECTION SERVICES IN THE AMOUNT OF $40,000.00 FOR FY 2021-22. MOTION PASSED BY VERBAL ROLL CALL. AYES: ZHAO, WALIA, KUMAR, FITZSIMMONS, BERNALD. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 1.12. Youth Commission Administration, Responsibilities, and Duties Policy Amendment Recommended Action: Adopt the resolution amending the City of Saratoga’s Youth Commission Administration, Responsibilities, and Duties Policy to authorize the Commission to set its regular meeting time and to revise the attendance policy. RESOLUTION 21-058

Saratoga City Council Minutes ~ July 21, 2021 ~ Page 7 of 11 BERNALD/FITZSIMMONS MOVED TO ADOPT THE RESOLUTION AMENDING THE CITY OF SARATOGA’S YOUTH COMMISSION ADMINISTRATION, RESPONSIBILITIES, AND DUTIES POLICY TO AUTHORIZE THE COMMISSION TO SET ITS REGULAR MEETING TIME AND TO REVISE THE ATTENDANCE POLICY. MOTION PASSED BY VERBAL ROLL CALL. AYES: ZHAO, WALIA, KUMAR, FITZSIMMONS, BERNALD. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 2. PUBLIC HEARING None 3. GENERAL BUSINESS 3.1. Accept the Final Text and Location of Five Point of Interest Markers Recommended Action: Adopt the attached resolutions (Attachments A-E) accepting the final text, marker design and location of five Point of Interest markers and authorizing and directing the Director of Community Development and the Director of Public Works to proceed with contracting for the manufacturing and installation of the markers. Nicole Johnson, Senior Planner, presented the staff report. Annette Stransky, Heritage Preservation Commissioner, was available for questions. Mayor Zhao invited public comment on the item. Jeffrey Schwartz spoke No one else requested to speak. RESOLUTION 21-059 RESOLUTION 21-060 RESOLUTION 21-061 RESOLUTION 21-062 RESOLUTION 21-063 BERNALD/WALIA MOVED TO ADOPT THE RESOLUTIONS ACCEPTING THE FINAL TEXT, WITH THE ADDITION OF ADDING THE NAME HOP KEE IN IMMIGRATING TO CALIFORNIA IN THE 1800’S FINAL TEXT, MARKER DESIGN AND LOCATION OF FIVE POINT OF INTEREST MARKERS, AND AUTHORIZING AND DIRECTING THE DIRECTOR OF COMMUNITY DEVELOPMENT AND THE DIRECTOR OF PUBLIC WORKS TO PROCEED WITH CONTRACTING FOR THE MANUFACTURING AND INSTALLATION OF THE MARKERS. MOTION PASSED BY VERBAL ROLL CALL. AYES: ZHAO, WALIA, KUMAR, FITZSIMMONS, BERNALD. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. Mayor Zhao requested a recess at 8:23 p.m. and resumed the meeting at 8:30 p.m.

Saratoga City Council Minutes ~ July 21, 2021 ~ Page 8 of 11 3.2. Authorize Contract for FY21/22 for Pavement Management Program Project in the Amount Not to Exceed $1,167,959 Recommended Action: 1. Move to declare O’Grady Paving Inc. to be the lowest responsible bidder on the project. 2. Move to award a Construction Contract to O’Grady Paving Inc. in the amount of $1,008,959.15 and authorize the City Manager to execute the same. 3. Move to authorize staff to execute change orders to the contract up to $159,000 (15%). Macedonio Nunez, Senior Civil Engineer, presented the staff report. John Cherbone, Public Works Director, and Emma Burkhalter, Associate Civil Engineer, were available for questions. Mayor Zhao invited public comment on the item. No one requested to speak. KUMAR/WALIA MOVED TO DECLARE O’GRADY PAVING INC. TO BE THE LOWEST RESPONSIBLE BIDDER ON THE PROJECT AND TO AWARD A CONSTRUCTION CONTRACT TO O’GRADY PAVING INC. IN THE AMOUNT OF $1,008,959.15 AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE SAME AND TO AUTHORIZE STAFF TO EXECUTE CHANGE ORDERS TO THE CONTRACT UP TO $159,000 (15%). MOTION PASSED BY VERBAL ROLL CALL. AYES: ZHAO, WALIA, KUMAR, FITZSIMMONS, BERNALD. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 3.3. Road Conditions Public Engagement Program Recommended Action: Provide direction on the proposed road conditions public engagement program and authorize use of City Council Discretionary Funds for the engagement program. Crystal Bothelio, Assistant City Manager, presented the staff report. Mayor Zhao invited public comment on the item. No one requested to speak. WALIA/KUMAR MOVED TO DIRECT STAFF TO PROCEED WITH A ROAD CONDITIONS ENGAGEMENT PROGRAM USING THE TIMELINE AND APPROACH AS PROPOSED IN THE STAFF REPORT; PRESENT A DRAFT SURVEY ON ROAD CONDITIONS FOR CITY COUNCIL CONSIDERATION AT A MEETING IN SEPTEMBER 2021; PROVIDE INFORMATION AS PART OF THE ENGAGEMENT EFFORT TO HELP COMMUNITY MEMBERS UNDERSTAND THE PAVEMENT CONDITION INDEX (PCI) AND CREATE A MAP, PREFERABLY INTERACTIVE, TO SHOW THE PCI OF INDIVIDUAL STREETS IN SARATOGA; INCLUDE INFORMATION IN OUTREACH MATERIAL AND AT LEAST ONE SURVEY QUESTION TO CONVEY ADDITIONAL FUNDING WILL BE NEEDED TO MAINTAIN CURRENT ROAD CONDITIONS OR IMPROVE THEM AND POTENTIAL FUNDING SOURCES FOR ROADS; INCLUDE AT LEAST 1 COMMUNITY MEETING AS PART OF

Saratoga City Council Minutes ~ July 21, 2021 ~ Page 9 of 11 THE ENGAGEMENT PLAN TO PROVIDE COMMUNITY MEMBERS TO ASK QUESTIONS; AND, AUTHORIZE USE OF THE CITY COUNCIL DISCRETIONARY FUND IN THE AMOUNT OF $6,500 FOR RELATED ENGAGEMENT COSTS. MOTION PASSED BY VERBAL ROLL CALL. AYES: ZHAO, WALIA, KUMAR, FITZSIMMONS, BERNALD. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 3.4. City Water Conservation Efforts Recommended Action: 1. Receive report. 2. Approve locations for conversion of grass to native landscaping. Mainini Cabute, Environmental Program Manager, presented the staff report. John Cherbone, Public Works Director, was available for questions. Mayor Zhao invited public comment on the item. No one requested to speak. WALIA/ZHAO MOVED TO ACCEPT THE REPORT AND TO APPROVE CONVERSION OF GRASS TO NATIVE LANDSCAPING AT CONGRESS SPRINGS PARK, FOOTHILL PARK, EL QUITO PARK, KEVIN MORAN PARK, AND WARNER HUTTON HOUSE. MOTION PASSED BY VERBAL ROLL CALL. AYES: ZHAO, WALIA, KUMAR, FITZSIMMONS, BERNALD. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 3.5. City Infrastructure Projects - Update Recommended Action: Receive report. John Cherbone, Public Works Director, and Macedonio Nunez, Senior Civil Engineer, presented the staff report. Mayor Zhao invited public comment on the item. No one requested to speak. 3.6. Annual Code Update for 2021 Recommended Action: Review the proposed cleanup amendments to the City Code and direct staff to prepare an ordinance implementing the amendments for consideration by the City Council. Richard Taylor, City Attorney, presented the staff report. Mayor Zhao invited public comment on the item. No one requested to speak.

Saratoga City Council Minutes ~ July 21, 2021 ~ Page 10 of 11 WALIA/FITZSIMMONS MOVED TO DIRECT STAFF TO PREPARE AN ORDINANCE IMPLEMENTING THE PROPOSED ANNUAL CODE UPDATES FOR 2021 WITH THE EXCEPTION OF PROPOSED CHANGES TO THE CODE REGARDING MEETING MINUTES. MOTION PASSED BY VERBAL ROLL CALL. AYES: ZHAO, WALIA, KUMAR, FITZSIMMONS, BERNALD. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 3.7. Resolution Amending the City’s Records Retention Schedule Recommended Action: Adopt the resolution amending the City’s Records Retention Schedule. Debbie Bretschneider, City Clerk, presented the staff report. Mayor Zhao invited public comment on the item. No one requested to speak. RESOLUTION 21-064 KUMAR/WALIA MOVED TO ADOPT THE RESOLUTION AMENDING THE CITY’S RECORDS RETENTION SCHEDULE. MOTION PASSED BY VERBAL ROLL CALL. AYES: ZHAO, WALIA, KUMAR, FITZSIMMONS, BERNALD. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. COUNCIL ASSIGNMENTS Mayor Yan Zhao No report Vice Mayor Tina Walia Saratoga Area Senior Coordinating Council (SASCC) – the Board held a special meeting for the Fiscal Year 21-22 budget. Council Member Rishi Kumar No report Council Member Kookie Fitzsimmons No report Council Member Mary-Lynne Bernald Hakone Foundation Board & Executive Committee – the Executive Board is considering hiring a professional fundraiser. Santa Clara/Santa Cruz Airport/Community Roundtable – Council Member Bernald reported that after waiting 5 1/2 years for a report by the FAA on the recommendations made during the 2016 Select Committee on South Bay Arrivals, the FAA presented two briefings on the Northern California Metoplex and on a half dozen flight procedures Tuesday, July 20th and Wednesday, July 21st. The FAA announced it was unable to meet the Nine Criteria outlined by the Select Committee for the BSUR/SERFR transition and would not be transitioning the flight path but did indicate that the FAA would continue to work with the SCSC and SFO Roundtables in discussing more flexible criteria to offer improvements to impacted communities. The public’s

Saratoga City Council Minutes ~ July 21, 2021 ~ Page 11 of 11 general reaction was one of anger, frustration, and disappointment. Our SCSC Roundtable will continue to work in concert with Congressional offices to make the FAA respond to the need to reduce the impact of aircraft noise, especially in this area. CITY COUNCIL ITEMS Vice Mayor Walia, with support from Mayor Zhao, requested City Council discussion on requiring community partners that receive City support to share a financial overview during Joint Meetings with the City Council. Vice Mayor Walia requested City Council discussion on developing a policy for Planning Commission study session notifications. There was no support. COUNCIL COMMUNICATIONS Council Member Kumar spoke about Senate Bill 9 and Senate Bill 10 and asked residents to send in protest emails to the State Assembly. CITY MANAGER'S REPORT James Lindsay thanked retiring City Clerk Debbie Bretschneider for her service to the City of Saratoga. ADJOURNMENT FITZSIMMONS/BERNALD MOVED TO ADJOURN THE MEETING AT 10:13 P.M. MOTION PASSED BY VERBAL ROLL CALL. AYES: ZHAO, WALIA, KUMAR, FITZSIMMONS, BERNALD. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. Minutes respectfully submitted: Debbie Bretschneider, City Clerk City of Saratoga

Agenda textCity Council

Saratoga City Council Agenda – July 21, 2021 – Page 1 of 9 SARATOGA CITY COUNCIL REGULAR MEETING JULY 21, 2021 AMENDED -3.1 SUPPLEMENTAL MEMO ADDED PRESENTATIONS Teleconference/Public Participation Information to Mitigate the Spread of COVID‐19 This meeting will be entirely by teleconference. All Council members and staff will only participate via the Zoom platform using the process described below. The meeting is being conducted in compliance with the Governor’s Executive Order N‐29‐20 suspending certain teleconference rules required by the Ralph M. Brown Act. The purpose of this order was 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 comment on Closed Session items by: 1. Using the Zoom website https://us02web.zoom.us/j/82122700079 or App (Webinar ID 821 2270 0079) and using the tool to raise their hand in the Zoom platform when directed by the Mayor to speak on an agenda item; OR 2. Calling 1.408.638.0968 or 1.669.900.6833, entering the Webinar ID (821 2270 0079), and pressing *9 to raise their hand to speak when directed by the Mayor. After the public comment period is closed, the Council will enter a confidential closed session as authorized by the Ralph M Brown Act and public will be unable to listen. Members of the public may hear a report out from Closed Session during the Regular Session, which begins at 7:00 p.m. Access information for the Regular Session is below. Members of the public can view and participate in the Joint Meeting by: 1. Using the Zoom website https://us02web.zoom.us/j/87073035756 or App (Webinar ID 870 7303 5756) and using the tool to raise their hand in the Zoom platform when directed by the Mayor to speak on an agenda item; OR 2. Calling 1.408.638.0968 or 1.669.900.6833, entering the Webinar ID (870 7303 5756), and pressing *9 to raise their hand to speak on an agenda item when directed by the Mayor. Members of the public can view and participate in the Regular Session of the meeting by: 1. Using the Zoom website https://us02web.zoom.us/j/85466878577 or App (Webinar ID 854 6687 8577) and raising their hand when directed by the Mayor to speak on an agenda item; OR 2. Calling 1.408.638.0968 or 1.669.900.6833, entering the Webinar ID (854 6687 8577), and pressing *9 to raise their hand to speak on an agenda item when directed by the Mayor; OR 3. Viewing the meeting on Saratoga Community Access Television Channel 15 (Comcast Channel 15, AT&T UVerse Channel 99) and calling 1.669.900.6833 or 1.408.638.0968,

Saratoga City Council Agenda – July 21, 2021 – Page 2 of 9 entering the Webinar ID (854 6687 8577), and pressing *9 to raise their hand to speak on an agenda item when directed by the Mayor; OR 4. Viewing online at http://saratoga.granicus.com/MediaPlayer.php?publish_id=2 and calling 1.408.638.0968 or 1.669.900.6833, entering the Webinar ID (854 6687 8577), and pressing *9 to raise their hand to speak on an agenda item when directed by the Mayor. Please mute your computer or television before giving public comment. 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. During the meeting the Mayor will explain the process for members of the public to be recognized to offer public comment. In accordance with the Americans with Disabilities Act and the Governor’s Executive Order, if you need assistance to participate in this meeting due to a disability, please contact the City Clerk at debbieb@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. 4:00 P.M. CLOSED SESSION Members of the public can comment on Closed Session items by: 1. Using the Zoom website https://us02web.zoom.us/j/82122700079 or App (Webinar ID 821 2270 0079) and using the tool to raise their hand in the Zoom platform when directed by the Mayor to speak on an agenda item; OR 2. Calling 1.408.638.0968 or 1.669.900.6833, entering the Webinar ID (821 2270 0079), and pressing *9 to raise their hand to speak when directed by the Mayor. After the public comment period is closed, the Council will enter a confidential closed session as authorized by the Ralph M Brown Act and public will be unable to listen. Members of the public may hear a report out from Closed Session during the Regular Session, which begins at 7:00 p.m. Access information for the Regular Session is below. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION (Gov’t Code Section 54956.9(d)(4)) Initiation of litigation pursuant to Government Code (1 potential case) PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Gov’t Code Section 54957) Title: City Manager

Saratoga City Council Agenda – July 21, 2021 – Page 3 of 9 6:00 P.M. JOINT MEETING Members of the public can view and participate in the Joint Meeting by: 1. Using the Zoom website https://us02web.zoom.us/j/87073035756 or App (Webinar ID 870 7303 5756) and using the tool to raise their hand in the Zoom platform when directed by the Mayor to speak on an agenda item; OR 2. Calling 1.408.638.0968 or 1.669.900.6833, entering the Webinar ID (870 7303 5756), and pressing *9 to raise their hand to speak on an agenda item when directed by the Mayor. Joint Meeting with Hakone Board Discussion Topics Presentation 7:00 P.M. REGULAR SESSION Members of the public can view and participate in the Regular Session of the meeting by: 1. Using the Zoom website https://us02web.zoom.us/j/85466878577 or App (Webinar ID 854 6687 8577) and raising their hand when directed by the Mayor to speak on an agenda item; OR 2. Calling 1.408.638.0968 or 1.669.900.6833, entering the Webinar ID (854 6687 8577), and pressing *9 to raise their hand to speak on an agenda item when directed by the Mayor; OR 3. Viewing the meeting on Saratoga Community Access Television Channel 15 (Comcast Channel 15, AT&T UVerse Channel 99) and calling 1.669.900.6833 or 1.408.638.0968, entering the Webinar ID (854 6687 8577), and pressing *9 to raise their hand to speak on an agenda item when directed by the Mayor; OR 4. Viewing online at http://saratoga.granicus.com/MediaPlayer.php?publish_id=2 and calling 1.408.638.0968 or 1.669.900.6833, entering the Webinar ID (854 6687 8577), and pressing *9 to raise their hand to speak on an agenda item when directed by the Mayor. Please mute your computer or television before giving public comment. ROLL CALL REPORT ON POSTING OF THE AGENDA The agenda for this meeting was properly posted on July 16, 2021 REPORT FROM CLOSED SESSION REPORT FROM JOINT MEETING ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS Any member of the public may address the City Council for up to three (3) minutes 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.

Saratoga City Council Agenda – July 21, 2021 – Page 4 of 9 ANNOUNCEMENTS SPECIAL PRESENTATIONS Presentation by Silicon Valley Leadership Group CEO Ahmad Thomas Recommended Action: Receive presentation by Silicon Valley Leadership Group CEO Ahmad Thomas. Staff Report 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. Public Speakers are limited to three (3) minutes. 1.1. City Council Meeting Minutes Recommended Action: Approve the City Council minutes for the Regular City Council Meeting on July 7, 2021. Staff Report Attachment A – Minutes for the Regular City Council Meeting on July 7, 2021 1.2. Review of Accounts Payable Check Registers Recommended Action: Review of Accounts Payable Check Registers Staff Report Check Register -07-08-21 P13 Check Register-07-08-21 P1 Check Register -07-13-21 P13 Check Register -07-13-21 P1 1.3. City Council and Commissions Electronic Communications Policy Update Recommended Action: Adopt the attached resolution amending the 2010 City Council and Commissions Electronic Communications Policy. Staff Report Attachment A – Resolution Amending the City Council and Commissions Electronic Communications Policy Attachment B – Proposed Revisions to the City Council and Commissions Electronic Communications Policy 1.4. Award of Contract in the amount of $59,970 to Fehr and Peers Transportation Consultants to develop a Local Roadway Safety Plan Recommended Action: 1. Approve contract with Fehr and Peers Transportation Consultants for the Local Roadway Safety Plan development, in the amount of $59,970, and authorize the City Manager to execute the same. 2.Authorize staff to execute change orders to the contract up to $5,997. Staff Report Attachment A –Fehr and Peers Transportation Consultants Contract

Saratoga City Council Agenda – July 21, 2021 – Page 5 of 9 1.5. Resolution of Local Support for the Funding of the Blue Hills Elementary Pedestrian Crossing at UPRR Recommended Action: Adopt the Resolution supporting the Funding Application for the Blue Hills Elementary Pedestrian Crossing at Union Pacific Railroad. Staff Report Attachment A-Resolution of Local Support MTC Safe and Seamless Grant 2021 1.6. Three Year Contract for Microsoft Enterprise Agreement in the amount not to exceed $25,669 per fiscal year Recommended Action: Authorize the City Manager to enter into a three-year Microsoft Enterprise Agreement through SoftwareONE for Office 365 and Windows Server licenses in the amount not to exceed $25,669 per fiscal year. Staff Report Attachment A – Microsoft Enterprise Enrollment Contract 1.7. Sales Tax Consultant Amendment and Novation Agreement Recommended Action: City Council to review and approve the Amendment and Novation Agreement and the Resolution for Sales Tax Consultant services to substitute the legal entity name of MuniServices LLC for Municipal Resources Staff Report Attachment A - Novation Agreement Attachment B - Resolution 1.8. Contract with Riverview Systems Group, Inc. for installing video conferencing improvements in the Linda Callon Conference Room in the amount of $35,100 Recommended Action: Authorize the City Manager to enter into a contract with Riverview Systems Group, Inc. for the installation of video conferencing improvements in the Linda Callon Conference Room in the amount of $35,100. Staff Report Attachment B - (Updated) Proposed Contract 1.9. Budget Adjustment and Contract for Geographic Information System Consultant - Lynx Technologies, Inc. for $32,500 Recommended Action: 1. Adopt the attached resolution approving an adjustment to the FY 2021/2022 Operating & Capital Improvement Budget for geographic information system (GIS) consulting services; AND 2. Authorize the City Manager to execute a contract amendment for GIS consulting services with Lynx Technologies, Inc. in the amount of $32,500. Staff Report Attachment A - Budget Adjustment Resolution Attachment B - Proposed Contract

Saratoga City Council Agenda – July 21, 2021 – Page 6 of 9 1.10. ZOA21-0001 / Amendment to the City’s Tree Regulations Recommended Action: Waive the second reading of the attached ordinance adopting and modifying Article 15-50 (Tree Regulations) to define problematic tree species and eliminate the tree removal permit fee for these trees. Staff Report Attachment A - Ordinance 1.11. 4Leaf, Inc. Building Inspection Services Contract for the Amount of $40,000 Recommended Action: Authorize the City Manager to execute a contract with 4Leaf, Inc. for as-needed professional building inspection services in the amount of $40,000.00 for FY 2021-22. Staff Report Attachment A - Proposed Contract 1.12. Youth Commission Administration, Responsibilities, and Duties Policy Amendment Recommended Action: Adopt the resolution amending the City of Saratoga’s Youth Commission Administration, Responsibilities, and Duties Policy to authorize the Commission to set its regular meeting time and to revise the attendance policy. Staff Report Attachment A - Resolution Amending the Youth Commission Administration, Responsibilities, and Duties Attachment B – Current Youth Commission Administration, Responsibilities, and Duties 2. PUBLIC HEARING None 3. GENERAL BUSINESS 3.1. Accept the Final Text and Location of Five Point of Interest Markers Recommended Action: Adopt the attached resolutions (Attachments A-E) accepting the final text, marker design and location of five Point of Interest markers and authorizing and directing the Director of Community Development and the Director of Public Works to proceed with contracting for the manufacturing and installation of the markers. Staff Report Attachment A - Resolution for El Quito Olive Farm (Quito Road at Paseo Olivos) Attachment B - Resolution for Glen Una Ranch (Saratoga-Los Gatos Road.Austin Way) Attachment C- Resolution for Immigrating to California (14470 Big Basin Way) Attachment D - Resolution for McCartysville (14460 Big Basin Way) Attachment E- Resolution for Saratoga Vitapohone (14486 Big Basin Way) Attachment F- POI Language FINAL Attachment G- Significance Statements Attachment H- POI proposed Locations Supplemental Memo Presentation

Saratoga City Council Agenda – July 21, 2021 – Page 7 of 9 3.2. Authorize Contract for FY21/22 for Pavement Management Program Project in the Amount Not to Exceed $1,167,959 Recommended Action: 1. Move to declare O’Grady Paving Inc. to be the lowest responsible bidder on the project. 2. Move to award a Construction Contract to O’Grady Paving Inc. in the amount of $1,008,959.15 and authorize the City Manager to execute the same. 3. Move to authorize staff to execute change orders to the contract up to $159,000 (15%). Staff Report Attachment A - Bid Summary Attachment B - Construction Contract Presentation 3.3. Road Conditions Public Engagement Program Recommended Action: Provide direction on the proposed road conditions public engagement program and authorize use of City Council Discretionary Funds for the engagement program. Staff Report 3.4. City Water Conservation Efforts Recommended Action: 1. Receive report. 2. Approve locations for conversion of grass to native landscaping. Staff Report Attachment A - SCVWD Resolution No. 21-68 Attachment B - Conversion Locations Supplemental Memo 3.5. City Infrastructure Projects - Update Recommended Action: Receive report. Staff Report 3.6. Annual Code Update for 2021 Recommended Action: Review the proposed cleanup amendments to the City Code and direct staff to prepare an ordinance implementing the amendments for consideration by the City Council. Staff Report 3.7. Resolution Amending the City’s Records Retention Schedule Recommended Action: Adopt the resolution amending the City’s Records Retention Schedule. Staff Report Attachment A – 2021 Draft Red-Lined Amended Records Retention Schedule Attachment B – Resolution

Saratoga City Council Agenda – July 21, 2021 – Page 8 of 9 COUNCIL ASSIGNMENTS Mayor Yan Zhao Association of Bay Area Governments 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 Valley Transportation Authority (VTA) Policy Advisory Committee VTA State Route 85 Corridor Policy Advisory Board West Valley Mayors & Managers West Valley Sanitation District Vice Mayor Tina Walia Council Finance Committee KSAR Community Access TV Board Saratoga Area Senior Coordinating Council (SASCC) Silicon Valley Clean Energy Authority Board of Directors Saratoga Ministerial Association Council Member Rishi Kumar Santa Clara County Library Joint Powers Authority Santa Clara Valley Water District Commission West Valley Clean Water Program Authority West Valley Solid Waste Management Joint Powers Authority Council Member Kookie Fitzsimmons Chamber of Commerce Hakone Foundation Board Santa Clara County Housing and Community Development (HCD) Council Committee Sister City Organization Council Member Mary-Lynne Bernald Hakone Foundation Board & Executive Committee Santa Clara/Santa Cruz Airport/Community Roundtable Saratoga Historical Foundation 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, Debbie Bretschneider, CMC, 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 July 16, 2021

Saratoga City Council Agenda – July 21, 2021 – Page 9 of 9 at the City of Saratoga, 13777 Fruitvale Avenue, Saratoga, California and on the City's website at www.saratoga.ca.us. Signed this 16th day of July 2021 at Saratoga, California. Debbie Bretschneider, CMC, 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. Following removal of State and local shelter in place orders these materials will be available for review in the office of the City Clerk at 13777 Fruitvale Avenue, Saratoga, California. In Compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting, please contact the City Clerk at debbieb@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] 07/21 4:00 p.m. Closed Session | 6:00 p.m. Joint Meeting with Hakone Board | 7:00 p.m. Regular Session 08/04 No Meeting - Recess 08/18 08/31 No Meeting -Recess 5:00 p.m. Study Session with Planning Commission on Housing Element 09/01 5:00 p.m. Commission Interviews – Library& Community Engagement Commission, Parks & Recreation Commission, Public Art Commission, and Traffic Safety Commission | 6:00 p.m. Study Session on Rules of Parliamentary Procedure | 7:00 p.m. Regular Session 09/15 6:00 p.m. Joint Meeting with Youth Commission | 7:00 p.m. Regular Session 10/06 5:00 p.m. Joint Meeting with Mountain Winery | 6:00 p.m. Joint Meeting with Sheriff’s Office | 7:00 p.m. Regular Session 10/20 6:00 p.m. Joint Meeting with Historical Foundation | | 7:00 p.m. Regular Session 11/03 5:30 p.m. Joint Meeting with Saratoga Schools | 7:00 p.m. Regular Session 11/17 6:00 p.m. Joint Meeting with Los Gatos Saratoga Recreation | 7:00 p.m. Regular Session 12/01 5:00 p.m. Commission Interviews – Heritage Preservation Commission & Traffic Safety Commission | 6:00 p.m. Joint Meeting with West Valley – Mission Community College District Board of Trustees | 7:00 p.m. City Council Reorganization | Regular Session 12/15 6:00 p.m. Study Session on City Council Norms | 7:00 p.m. Regular Session CITY OF SARATOGA CITY COUNCIL MEETING CALENDAR 2021

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