City Council

Saratoga City Council Minutes ~ August 17, 2022 ~ Page 1 of 5 MINUTES WEDNESDAY, AUGUST 17, 2022 SARATOGA CITY COUNCIL REGULAR MEETING Mayor Walia called the Regular Session to order at 7:00 p.m. via teleconferencing through Zoom in memory of Jeffrey Schwartz. 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 REPORT ON POSTING OF THE AGENDA The City Clerk reported the agenda for this meeting was properly posted on August 12, 2022. ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS Mayor Walia invited public comment. Daniel Rhoads discussed a lawsuit regarding Senate Bill 9. ANNOUNCEMENTS Mayor Walia shared information about Summer Movie Night, LAW-tes, Saratoga Summer Music Series, Saratoga Safety Fair, Saratoga Loves Poetry, Commission Openings, and the November 8, 2022 Election. 1. CONSENT CALENDAR Mayor Walia invited public comment on the Consent Calendar. No one requested to speak.

Saratoga City Council Minutes ~ August 17, 2022 ~ Page 2 of 5 1.1. City Council Meeting Minutes Recommended Action: Approve the Minutes for the July 20, 2022 City Council Regular Meeting and the August 3, 2022 City Council Special Meeting. FITZSIMMONS/ZHAO MOVED TO APPROVE THE MINUTES FOR THE JULY 20, 2022 CITY COUNCIL REGULAR MEETING AND THE AUGUST 3, 2022 CITY COUNCIL SPECIAL MEETING. MOTION PASSED BY VERBAL ROLL CALL. AYES: BERNALD, KUMAR, ZHAO, FITZSIMMONS, WALIA: NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE. 1.2. Tree Maintenance Contracts with Oscars Tree Service in the amount not-to-exceed $200,000 and with Ian Geddes Tree Care, Trees 360 Degrees and Mario Topete Tree Care each in the amount not-to-exceed $100,000 Recommended Action: Approve Tree Maintenance Service Contracts with Oscars Tree Service in the amount not- to-exceed $200,000 and with Ian Geddes Tree Care, Trees 360 Degrees and Mario Topete Tree Care each in the amount not-to-exceed $100,000 and authorize the City Manager to execute the same. FITZSIMMONS/ZHAO MOVED TO APPROVE TREE MAINTENANCE SERVICE CONTRACTS WITH OSCARS TREE SERVICE IN THE AMOUNT NOT-TO- EXCEED $200,000 AND WITH IAN GEDDES TREE CARE, TREES 360 DEGREES AND MARIO TOPETE TREE CARE EACH IN THE AMOUNT NOT-TO-EXCEED $100,000 AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE SAME. MOTION PASSED BY VERBAL ROLL CALL. AYES: BERNALD, KUMAR, ZHAO, FITZSIMMONS, WALIA: NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE. 1.3. Prospect Road Cost Share Agreement with the City of San Jose in the Amount of $45,694 Recommended Action: Approve the Prospect Road Cost Share Agreement with the City of San Jose in the amount of $45,694.04. FITZSIMMONS/ZHAO MOVED TO APPROVE THE PROSPECT ROAD COST SHARE AGREEMENT WITH THE CITY OF SAN JOSE IN THE AMOUNT OF $45,694.04. MOTION PASSED BY VERBAL ROLL CALL. AYES: BERNALD, KUMAR, ZHAO, FITZSIMMONS, WALIA: NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE. 1.4. Agreement for Employment and Labor Law Services with Mouser Law Firm, A Professional Corporation Recommended Action: Authorize the City Manager to enter into an agreement for employment and labor law services with Mouser Law Firm, A Professional Corporation.

Saratoga City Council Minutes ~ August 17, 2022 ~ Page 3 of 5 FITZSIMMONS/ZHAO MOVED TO AUTHORIZE THE CITY MANAGER TO ENTER INTO AN AGREEMENT FOR EMPLOYMENT AND LABOR LAW SERVICES WITH MOUSER LAW FIRM, A PROFESSIONAL CORPORATION. MOTION PASSED BY VERBAL ROLL CALL. AYES: BERNALD, KUMAR, ZHAO, FITZSIMMONS, WALIA: NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE. 1.5. California Per Capita Grant Beauchamps Park Deed Restriction Recommended Action: Approve the Deed Restriction for Beauchamps Park and authorize the City Manager to execute the same. FITZSIMMONS/ZHAO MOVED TO APPROVE THE DEED RESTRICTION FOR BEAUCHAMPS PARK AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE SAME. MOTION PASSED BY VERBAL ROLL CALL. AYES: BERNALD, KUMAR, ZHAO, FITZSIMMONS, WALIA: NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE. 1.6. Reconsider and Confirm Findings Pursuant to Assembly Bill 361 and/or Provide Direction for Hybrid or In-Person Meetings Recommended Action: Reconsider and confirm findings pursuant to Assembly Bill 361 of the continued public health officials’ recommendation to social distance and to therefore continue the option of holding City of Saratoga Brown Act meetings by teleconference. FITZSIMMONS/ZHAO MOVED TO RECONSIDER AND CONFIRM FINDINGS PURSUANT TO ASSEMBLY BILL 361 OF THE CONTINUED PUBLIC HEALTH OFFICIALS’ RECOMMENDATION TO SOCIAL DISTANCE AND TO THEREFORE CONTINUE THE OPTION OF HOLDING CITY OF SARATOGA BROWN ACT MEETINGS BY TELECONFERENCE. 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. Rebuttal Argument – Term Limit Ballot Measure Recommended Action: Approve a Rebuttal Argument, if an Argument Against the City’s Term Limit Ballot Measure being presented to voters at the November 8, 2022 General Municipal Election is submitted. Mayor Walia stated since no argument against the Term Limit Ballot Measure was submitted before the deadline, no action is needed. Mayor Walia invited public comment. No one requested to speak.

Saratoga City Council Minutes ~ August 17, 2022 ~ Page 4 of 5 COUNCIL ASSIGNMENTS Mayor Tina Walia Cities Association of Santa Clara County-Legislative Action Committee – stated the Committee considered positions on AB 1985 and development related bills AB 916, AB 2097, AB 2011, and SB 897. Cities Association of Santa Clara County – stated discussion related to consideration of forming a JPA for the Cities Association took place. KSAR Community Access TV Board - stated the Board Member terms were renewed and stated an agreement between KSAR and West Valley College is under consideration. Silicon Valley Clean Energy Authority Board of Directors – discussed two new clean energy resources providing powers in July, discussed an increase in funding being made available for SVCE jurisdictions that meet certain criteria and discussed 2022 new construction Reach Codes. West Valley Mayors & Managers Association – stated a presentation was given from Silicon Valley Clean Energy regarding Reach Codes. Vice Mayor Kookie Fitzsimmons Saratoga Chamber of Commerce Board - stated the summer music concert is taking place on August 27, 2022 at Wildwood Park and the Chamber of Commerce is looking for volunteers and sponsors for the event. Council Member Mary-Lynne Bernald Nothing to report Council Member Rishi Kumar Nothing to report Council Member Yan Zhao Valley Transportation Authority (VTA) Policy Advisory Committee – discussed two projects that were awarded that may benefit the City and/or Saratoga residents. Saratoga Area Senior Coordinating Council Board of Directors – stated the Board received a FY 22-23 budget update, and a SASCC Board and Employment Policy update, the Board discussed the parameters to be used for the Executive Director’s performance evaluation, and Council Member Zhao provided details for their upcoming Health Fair. West Valley Sanitation District Board of Directors – stated the Board met with nothing to report. CITY COUNCIL ITEMS None COUNCIL COMMUNICATIONS Vice Mayor Fitzsimmons discussed Jeff Schwartz and discussed the participants in the dunk tank at the upcoming SASCC Health Fair. CITY MANAGER'S REPORT None

Saratoga City Council Minutes ~ August 17, 2022 ~ Page 5 of 5 CITY ATTORNEY'S REPORT None ADJOURNMENT FTIZSIMMONS/BERNALD MOVED TO ADJOURN THE MEETING AT 7:31 P.M. MOTION PASSED BY VERBAL ROLL CALL. AYES: BERNALD, KUMAR, ZHAO, FITZSIMMONS, WALIA: NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: KUMAR. Minutes respectfully submitted: Britt Avrit, City Clerk City of Saratoga

Saratoga City Council Agenda August 17, 2022 – Page 1 of 4 SARATOGA CITY COUNCIL REGULAR MEETING AUGUST 17, 2022 AMENDED AGENDA • 8/15/2022 ITEM 1.2 ATTACHMENT TITLE REVISED • 8/16/2022 ITEM 1.5 STAFF REPORT AND ATTACHMENT A REVISED 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 7:00 p.m. Regular Session by: • Using the Zoom website https://us02web.zoom.us/j/85401918675; Webinar ID 854 0191 8675 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. 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. 7:00 PM REGULAR SESSION ROLL CALL

Saratoga City Council Agenda August 17, 2022 – Page 2 of 4 REPORT ON POSTING OF THE AGENDA The agenda for this meeting was properly posted on August 12, 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 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 July 20, 2022 City Council Regular Meeting and the August 3, 2022 City Council Special Meeting. Staff Report Attachment A - Minutes for the July 20, 2022 City Council Regular Meeting Attachment B - Minutes for the August 3, 2022 City Council Special Meeting 1.2. Tree Maintenance Contracts with Oscars Tree Service in the amount not-to-exceed $200,000 and with Ian Geddes Tree Care, Trees 360 Degrees and Mario Topete Tree Care each in the amount not-to-exceed $100,000 Recommended Action: Approve Tree Maintenance Service Contracts with Oscars Tree Service in the amount not- to-exceed $200,000 and with Ian Geddes Tree Care, Trees 360 Degrees and Mario Topete Tree Care each in the amount not-to-exceed $100,000 and authorize the City Manager to execute the same. Staff Report Attachment A – Contract with Oscar’s Tree Service Attachment B – Contract with Ian Geddes Tree Care Attachment C – Contract with Tree 360 Degrees Attachment D - Contract with Mario Topete Tree Care, Inc. 1.3. Prospect Road Cost Share Agreement with the City of San Jose in the Amount of $45,694 Recommended Action: Approve the Prospect Road Cost Share Agreement with the City of San Jose in the amount of $45,694.04. Staff Report Attachment A - Prospect Road Cost Share Agreement with the City of San Jose 1.4. Agreement for Employment and Labor Law Services with Mouser Law Firm, A Professional Corporation Recommended Action: Authorize the City Manager to enter into an agreement for employment and labor law services with Mouser Law Firm, A Professional Corporation.

Saratoga City Council Agenda August 17, 2022 – Page 3 of 4 Staff Report Attachment A: Agreement for Professional Services 1.5. California Per Capita Grant Beauchamps Park Deed Restriction Recommended Action: Approve the Deed Restriction for Beauchamps Park and authorize the City Manager to execute the same. Staff Report (Revised 08-16-2022) Attachment A - Deed Restriction, Revised 08-16-2022 Attachment_A1_-_Grant_18-43-018 Attachment_A2_-_Grant_18-43-019 1.6. Reconsider and confirm findings pursuant to Assembly Bill 361 Recommended Action: Reconsider and confirm findings pursuant to Assembly Bill 361 of the continued public health officials’ recommendation to social distance and to therefore continue the option of holding City of Saratoga Brown Act meetings by teleconference. Staff Report Attachment A - City Council Resolution 21-073 Authorizing Teleconferenced Mtgs Pursuant to AB 361 Attachment B - Santa Clara County Health Officer Recommendation regarding public meetings 2. GENERAL BUSINESS 2.1. Rebuttal Argument – Term Limit Ballot Measure Recommended Action: Approve a Rebuttal Argument, if an Argument Against the City’s Term Limit Ballot Measure being presented to voters at the November 8, 2022 General Municipal Election is submitted. Staff Report 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 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

Saratoga City Council Agenda August 17, 2022 – Page 4 of 4 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 August 12, 2022 at the City of Saratoga, 13777 Fruitvale Avenue, Saratoga, California and on the City's website at www.saratoga.ca.us. Signed this 12th day of August 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]