City Council

Saratoga City Council Minutes ~ July 7, 2021 ~ Page 1 of 11 MINUTES WEDNESDAY, JULY 7, 2021 SARATOGA CITY COUNCIL REGULAR MEETING At 5:00 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 Study Session on the City Council and Commissions Electronic Communications Policy via teleconferencing through Zoom. City Council and Commissions Electronic Communications Policy Recommended Action: Discuss the 2010 City Council and Commissions Electronic Communications Policy and provide direction to staff regarding any proposed revisions to be brought forward for consideration at a regular meeting of the City Council. Richard Taylor, City Attorney, presented the staff report. Mayor Zhao invited public comment on the item. No one requested to speak. WALIA/BERNALD MOVED TO BRING THE REVISED CITY COUNCIL AND COMMISSIONS ELECTRONIC COMMUNICATIONS POLICY TO A FUTURE COUNCIL MEETING WITH CHANGES PROPOSED BY STAFF AS WELL AS THE FOLLOWING REVISIONS: 1) IN GENERAL PROCEDURES, C. COMMISSIONER E- COMMUNICATIONS, ADD THE WORD “PROMPTLY”; AND, 2) IN GENERAL PROCEDURES, G. ELECTRONIC COMMUNICATIONS WITH THE PUBLIC, 1, ADD CLARIFYING LANGUAGE ABOUT THE BROWN ACT WHEN MAYOR IS RESPONDING TO EMAIL. MOTION PASSED BY VERBAL ROLL CALL. AYES: ZHAO, WALIA, KUMAR, FITZSIMMONS, BERNALD. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE 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.

Saratoga City Council Minutes ~ July 7, 2021 ~ Page 2 of 11 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 Debbie Pedro, Community Development Director John Cherbone, Public Works Director Chris Riordan, Senior Planner Christina Fusco, Arborist Dennis Jaw, Finance Manager Lauren Pettipiece, Public Information Officer Kayla Nakamoto, Administrative Analyst Emma Burkhalter, Associate Civil Engineer Macedonio Nunez, Senior Civil Engineer Thomas Scott, Facilities Manager Tony Gonzalez, Code Compliance Officer (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 2, 2021. REPORT ON CLOSED SESSION Mayor Zhao reported that the City Council held a Closed Session to conduct a public employee performance evaluation for the City Attorney. There were no reportable actions. REPORT ON STUDY SESSION Mayor Zhao reported that the City Council held a Study Session on the City’s Electronic Communications Policy. This policy was created in 2010 and the Council discussed changes in the policy. The policy changes agreed upon by City Council will be brought forward to a future Council meeting for adoption. ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS Mathew Sutton, owner of Orchard Keepers, spoke about the success of the Community Harvest in the City Orchard.

Saratoga City Council Minutes ~ July 7, 2021 ~ Page 3 of 11 ANNOUNCEMENTS Mayor Zhao shared information about COVID-19 updates, the Housing Element update, Saratoga Power Lunch, Sheriff’s Office Teen Academy, Saratoga Movie Nights, and Public Art Commission recruitment. CEREMONIAL ITEMS Proclamation Declaring July 2021 as "Parks Make Life Better!" Month Recommended Action: Proclaim July 2021 as "Parks Make Life Better!" Month in the City of Saratoga. Mayor Zhao and Council Members presented the proclamation to Renee Paquier, Parks & Recreation Commission Chair. 1. CONSENT CALENDAR 1.1. City Council Meeting Minutes Recommended Action: Approve the City Council minutes for the Regular City Council Meeting on June 16, 2021. FITZSIMMONS/WALIA MOVED TO APPROVE THE CITY COUNCIL MINUTES FOR THE MINUTES OF THE REGULAR CITY COUNCIL MEETING ON JUNE 16, 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: 06/16/21 Period 12; 06/23/21 Period 12; 6/30/21 Period 12 FITZSIMMONS/WALIA MOVED TO ACCEPT CHECK REGISTERS FOR THE FOLLOWING ACCOUNTS PAYABLE PAYMENT CYCLES: 06/16/21 PERIOD 12; 06/23/21 PERIOD 12; 6/30/21 PERIOD 12. MOTION PASSED BY VERBAL ROLL CALL. AYES: ZHAO, WALIA, KUMAR, FITZSIMMONS, BERNALD. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 1.3. Treasurer’s Report for the Month Ended May 31, 2021 Recommended Action: Review and accept the Treasurer’s Report for the month ended May 31, 2021. FITZSIMMONS/WALIA MOVED TO ACCEPT THE TREASURER’S REPORT FOR THE MONTH ENDED MAY 31, 2021. MOTION PASSED BY VERBAL ROLL CALL. AYES: ZHAO, WALIA, KUMAR, FITZSIMMONS, BERNALD. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.

Saratoga City Council Minutes ~ July 7, 2021 ~ Page 4 of 11 1.4. Two-Year Landscape Maintenance Service Contract with Gachina Landscape Management in the amount of $89,700 per year Recommended Action: Approve a two-year Landscape Maintenance Service Contract with Gachina Landscape Management for monthly landscape maintenance services in the amount of $89,700 per year and authorize the City Manager to execute the same. FITZSIMMONS/WALIA MOVED TO APPROVE A TWO-YEAR LANDSCAPE MAINTENANCE SERVICE CONTRACT WITH GACHINA LANDSCAPE MANAGEMENT FOR MONTHLY LANDSCAPE MAINTENANCE SERVICES IN THE AMOUNT OF $89,700 PER YEAR AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE SAME. MOTION PASSED BY VERBAL ROLL CALL. AYES: ZHAO, WALIA, KUMAR, FITZSIMMONS, BERNALD. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 1.5. Two-Year Landscape Maintenance Service Contract with Vista Landscape Management in the amount of $183,024 per year Recommended Action: Approve a two-year Landscape Maintenance Service Contract with Vista Landscape Maintenance for monthly landscape maintenance services in the amount of $183,024 per year and authorize the City Manager to execute the same. FITZSIMMONS/WALIA MOVED TO APPROVE A TWO-YEAR LANDSCAPE MAINTENANCE SERVICE CONTRACT WITH VISTA LANDSCAPE MAINTENANCE FOR MONTHLY LANDSCAPE MAINTENANCE SERVICES IN THE AMOUNT OF $183,024 PER YEAR AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE SAME. MOTION PASSED BY VERBAL ROLL CALL. AYES: ZHAO, WALIA, KUMAR, FITZSIMMONS, BERNALD. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 1.6. Two-Year Landscape Maintenance Service Contract with Dinsmore Landscape Company in the Amount of $32,088 per Year Recommended Action: Approve a two-year Landscape Maintenance Service Contract with Dinsmore Landscape Company for monthly landscape maintenance services in the amount of $32,088 per year and authorize the City Manager to execute the same. FITZSIMMONS/WALIA MOVED TO APPROVE A TWO-YEAR LANDSCAPE MAINTENANCE SERVICE CONTRACT WITH DINSMORE LANDSCAPE COMPANY FOR MONTHLY LANDSCAPE MAINTENANCE SERVICES IN THE AMOUNT OF $32,088 PER YEAR AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE SAME. MOTION PASSED BY VERBAL ROLL CALL. AYES: ZHAO, WALIA, KUMAR, FITZSIMMONS, BERNALD. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.

Saratoga City Council Minutes ~ July 7, 2021 ~ Page 5 of 11 1.7. Resolution Authorizing Final Disposition of Certain City Records Recommended Action: Adopt resolution authorizing final disposition of certain city records. RESOLUTION 21-053 FITZSIMMONS/WALIA MOVED TO ADOPT THE RESOLUTION AUTHORIZING FINAL DISPOSITION OF CERTAIN CITY RECORDS. MOTION PASSED BY VERBAL ROLL CALL. AYES: ZHAO, WALIA, KUMAR, FITZSIMMONS, BERNALD. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 1.8. Budget Adjustment for Workers Compensation Program Recommended Action: Staff recommends the City Council approve the attached FY 2020/21 budget adjustment resolution to fund the higher than expected insurance premium cost in the Workers Compensation program budget. RESOLUTION 21-054 FITZSIMMONS/WALIA MOVED TO APPROVE THE FY 2020/21 BUDGET ADJUSTMENT RESOLUTION TO FUND THE HIGHER THAN EXPECTED INSURANCE PREMIUM COST IN THE WORKERS COMPENSATION PROGRAM BUDGET. MOTION PASSED BY VERBAL ROLL CALL. AYES: ZHAO, WALIA, KUMAR, FITZSIMMONS, BERNALD. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 1.9. Three Year Contract with ZAG Technical Services for IT Support Services in the amount not to exceed $40,000 per fiscal year Recommended Action: Authorize the City Manager to enter into a three-year contract with ZAG Technical Services for IT Support Services in the amount not to exceed $40,000 per fiscal year. FITZSIMMONS/WALIA MOVED TO AUTHORIZE THE CITY MANAGER TO ENTER INTO A THREE-YEAR CONTRACT WITH ZAG TECHNICAL SERVICES FOR IT SUPPORT SERVICES IN THE AMOUNT NOT TO EXCEED $40,000 PER FISCAL YEAR. MOTION PASSED BY VERBAL ROLL CALL. AYES: ZHAO, WALIA, KUMAR, FITZSIMMONS, BERNALD. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 1.10. Financial Audit Services Contract Recommended Action: 1.Authorize the City Manager to exercise a two-year contract option with Chavan & Associates, LLP for the FY 2020/21 and FY 2021/22 financial audits in the amount of $42,000 annually. 2.Authorize the City Manager to increase the contract by $5,000 annually if additional audit requirements are necessary due to the American Rescue Plan Act (ARPA).

Saratoga City Council Minutes ~ July 7, 2021 ~ Page 6 of 11 FITZSIMMONS/WALIA MOVED TO AUTHORIZE THE CITY MANAGER TO EXERCISE A TWO-YEAR CONTRACT OPTION WITH CHAVAN & ASSOCIATES, LLP FOR THE FY 2020/21 AND FY 2021/22 FINANCIAL AUDITS IN THE AMOUNT OF $42,000 ANNUALLY AND TO AUTHORIZE THE CITY MANAGER TO INCREASE THE CONTRACT BY $5,000 ANNUALLY IF ADDITIONAL AUDIT REQUIREMENTS ARE NECESSARY DUE TO THE AMERICAN RESCUE PLAN ACT (ARPA). MOTION PASSED BY VERBAL ROLL CALL. AYES: ZHAO, WALIA, KUMAR, FITZSIMMONS, BERNALD. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 1.11. Five Year Community Access Cable Services Agreement Recommended Action: Authorize the City Manager to execute a new five-year agreement with the Saratoga Community Access Television Foundation. FITZSIMMONS/WALIA MOVED TO AUTHORIZE THE CITY MANAGER TO EXECUTE A NEW FIVE-YEAR AGREEMENT WITH THE SARATOGA COMMUNITY ACCESS TELEVISION FOUNDATION. MOTION PASSED BY VERBAL ROLL CALL. AYES: ZHAO, WALIA, KUMAR, FITZSIMMONS, BERNALD. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 1.12. Budget Amendment – Bellgrove Landscaping and Lighting District (LLAD) Zone 26 Recommended Action: Adopt Resolution appropriating $15,000 from LLAD - Zone 26 fund balance into the Fiscal Year 2020/21 operating budget. RESOLUTION 21-055 FITZSIMMONS/WALIA MOVED TO ADOPT THE RESOLUTION APPROPRIATING $15,000 FROM LLAD - ZONE 26 FUND BALANCE INTO THE FISCAL YEAR 2020/21 OPERATING BUDGET. MOTION PASSED BY VERBAL ROLL CALL. AYES: ZHAO, WALIA, KUMAR, FITZSIMMONS, BERNALD. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 1.13. Extension of the Abandoned Vehicle Abatement Service Authority (AVASA) Program Recommended Action: Adopt the resolution authorizing the City of Saratoga to continue participation in the Santa Clara County Abandoned Vehicle Abatement Service Authority (AVASA) program for a fourth 10-year term beginning April 30, 2022, and to allow the collection of a one-dollar vehicle registration fee by the California Department of Motor Vehicles for this purpose. RESOLUTION 21-056 FITZSIMMONS/WALIA MOVED TO ADOPT THE RESOLUTION AUTHORIZING THE CITY OF SARATOGA TO CONTINUE PARTICIPATION IN THE SANTA CLARA COUNTY ABANDONED VEHICLE ABATEMENT SERVICE AUTHORITY (AVASA) PROGRAM FOR A FOURTH 10-YEAR TERM BEGINNING APRIL 30, 2022, AND TO ALLOW THE COLLECTION OF A ONE- DOLLAR VEHICLE REGISTRATION FEE BY THE CALIFORNIA

Saratoga City Council Minutes ~ July 7, 2021 ~ Page 7 of 11 DEPARTMENT OF MOTOR VEHICLES FOR THIS PURPOSE. MOTION PASSED BY VERBAL ROLL CALL. AYES: ZHAO, WALIA, KUMAR, FITZSIMMONS, BERNALD. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 2. PUBLIC HEARING 2.1. Amendment to the City’s Tree Regulations 1st Reading Recommended Action: 1. Conduct a public hearing. 2. Introduce and waive the first reading of the attached ordinance adopting and modifying Article 15-50 (Tree Regulations) to define problematic tree species and remove the tree removal permit fee for these trees. 3. Direct staff to place the ordinance on the consent calendar for adoption on July 21, 2021. Chris Riordan, Senior Planner, presented the staff report. Christina Fusco, Arborist, was available for questions. Mayor Zhao opened the public hearing. Mayor Zhao invited public comment on the item. No one requested to speak. Mayor Zhao closed the public hearing. WALIA/BERNALD MOVED TO WAIVE THE FIRST READING OF THE ORDINANCE ADOPTING AND MODIFYING ARTICLE 15-50 (TREE REGULATIONS) TO DEFINE PROBLEMATIC TREE SPECIES AND REMOVE THE TREE REMOVAL PERMIT FEE FOR THESE TREES, TO DIRECT STAFF TO PLACE THE ORDINANCE ON THE CONSENT CALENDAR FOR ADOPTION ON JULY 21, 2021, AND ADD FURTHER RESEARCH OF OTHER TREE REGULATIONS TO THE PLANNING COMMSSION 2022 WORK PLAN. MOTION PASSED BY VERBAL ROLL CALL. AYES: ZHAO, WALIA, KUMAR, FITZSIMMONS, BERNALD. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 3. GENERAL BUSINESS 3.1. Consideration of Regional Housing Needs Allocation (RHNA) Appeal Recommended Action: Provide direction to staff on Saratoga’s draft RHNA Allocation appeal. Debbie Pedro, Community Development Director, presented the staff report. Mayor Zhao invited public comment on the item. Glenda Aune spoke Ying Smith spoke

Saratoga City Council Minutes ~ July 7, 2021 ~ Page 8 of 11 Jeffrey Schwartz spoke Daniel Rhoads spoke Ken Schultz spoke No one else requested to speak. KUMAR/FITZSIMMONS MOVED TO FILE THE REGIONAL HOUSING NEEDS ALLOCATION (RHNA) APPEAL REQUEST LETTER TO ASSOCIATION OF BAY AREA GOVERMENTS (ABAG). MOTION PASSED BY VERBAL ROLL CALL. AYES: ZHAO, WALIA, KUMAR, FITZSIMMONS, BERNALD. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 3.2. Plan Bay Area 2050 Comment Letter Recommended Action: Authorize submittal of a comment letter from the City Council on the Plan Bay Area 2050 Draft Environmental Impact Report. Crystal Bothelio, Assistant City Manager, presented the staff report. Mayor Zhao invited public comment on the item. Jeffrey Schwartz spoke No one else requested to speak. BERNALD/WALIA MOVED TO AUTHORIZE SUBMITTAL OF A COMMENT LETTER FROM THE CITY COUNCIL ON THE PLAN BAY AREA 2050 DRAFT ENVIRONMENTAL IMPACT REPORT. MOTION PASSED BY VERBAL ROLL CALL. AYES: ZHAO, WALIA, KUMAR, FITZSIMMONS, BERNALD. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 3.3. City Council Position on Assembly Bill 215 Recommended Action: Approve the resolution in opposition to Assembly Bill 215 and authorize submittal of letters from the City Council expressing its position. Crystal Bothelio, Assistant City Manager, presented the staff report. Mayor Zhao invited public comment on the item. No one requested to speak. RESOLUTION 21-057 ZHAO/WALIA MOVED TO APPROVE THE RESOLUTION IN OPPOSITION TO ASSEMBLY BILL 215 AND AUTHORIZE SUBMITTAL OF LETTERS FROM THE CITY COUNCIL EXPRESSING ITS POSITION. MOTION PASSED BY

Saratoga City Council Minutes ~ July 7, 2021 ~ Page 9 of 11 VERBAL ROLL CALL. AYES: ZHAO, WALIA, KUMAR, FITZSIMMONS, BERNALD. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 3.4. 2020 Pavement Management Program Project – Amendment to Increase the Contract Amount by $448,341 Recommended Action: Authorize an amendment to the contract for the 2020 Pavement Management Program Project with O’Grady Paving, Inc. in the amount of $448,341. Macedonio Nunez, Senior Civil Engineer, presented the staff report. Emma Burkhalter, Associate Civil Engineer, presented the striping plan report. Mayor Zhao invited public comment on the item. No one requested to speak. WALIA/BERNALD MOVED TO AUTHORIZE AN AMENDMENT TO THE CONTRACT FOR THE 2020 PAVEMENT MANAGEMENT PROGRAM PROJECT WITH O’GRADY PAVING, INC. IN THE AMOUNT OF $448,341. MOTION PASSED BY VERBAL ROLL CALL. AYES: ZHAO, WALIA, KUMAR, FITZSIMMONS, BERNALD. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 3.5. Award of Contract – Civic Theater Lighting and Controls Upgrades for a total amount of $340,924. Recommended Action: 1. Award the contract for the Civic Theater Lighting and Controls Upgrades project to Musson Theatrical in the amount of $324,690 and authorize the City Manager to execute the agreement. 2. Authorize the City Manager to approve change orders not to exceed 5% of the contract amount ($16,234) as a project contingency. Debbie Pedro, Community Development Director, presented the staff report. Thomas Scott, Facilities Manager, was present to answer questions. Mayor Zhao invited public comment on the item. No one requested to speak. BERNALD/WALIA MOVED TO AWARD THE CONTRACT FOR THE CIVIC THEATER LIGHTING AND CONTROLS UPGRADES PROJECT TO MUSSON THEATRICAL IN THE AMOUNT OF $324,690, AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT AND AUTHORIZE THE CITY MANAGER TO APPROVE CHANGE ORDERS NOT TO EXCEED 5% OF THE CONTRACT AMOUNT ($16,234) AS A PROJECT CONTINGENCY. MOTION PASSED BY VERBAL ROLL CALL. AYES: ZHAO, WALIA, KUMAR, FITZSIMMONS, BERNALD. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.

Saratoga City Council Minutes ~ July 7, 2021 ~ Page 10 of 11 COUNCIL ASSIGNMENTS. Mayor Yan Zhao Association of Bay Area Governments – there was a presentation on the RHNA appeal process and the FY 21/22 budget and last year’s meeting minutes were approved. West Valley Mayors & Managers – there was a speaker from the Santa Clara Valley Urban Forestry Alliance project. Vice Mayor Tina Walia Saratoga Area Senior Coordinating Council (SASCC) – Vice Mayor Walia saw on the IRS website that Form 990 for FY2019/20 was filed. The Form states that the Form was submitted to all Board Members before filing, but Vice Mayor Walia had not received it. Cities Association of Santa Clara County – Vice Mayor Walia attended a Special Meeting on behalf of Mayor Zhao. The Board approved a legal services agreement for 2-years with Gary Baum and approved a contract amendment with Liebert, Cassidy, & Whitmore. Council Member Rishi Kumar No report. Council Member Kookie Fitzsimmons Hakone Foundation Board – at Hakone on August 29 from 12-3:00 p.m., the authors of Hakone Garden and Estate will be signing the book. Sister City Organization – the organization is having a general membership meeting in September and would like a presentation on the Housing Element. Council Member Mary-Lynne Bernald Santa Clara/Santa Cruz Airport/Community Roundtable – the Federal Aviation Administration (FAA) is holding a Northern California Airspace Virtual Public Information Workshop on July 20 and July 21 for the public and information is available on the Roundtable website. Saratoga Historical Foundation – the Museum is moving along on Blacksmith Shop with help from City staff. CITY COUNCIL ITEMS None COUNCIL COMMUNICATIONS Council Member Kumar spoke about SB9 and SB10 coming up soon for a vote in the State Assembly and asked all residents to send comment emails on these bills. San Jose Water is discussing whether there will be drought surcharges. Mayor Zhao announced that the Council sent letters opposing SB9 and SB10.

Saratoga City Council Minutes ~ July 7, 2021 ~ Page 11 of 11 CITY MANAGER'S REPORT City Manager James Lindsay reported that City staff has been working proactively with the Santa Clara County Department of Environmental Health (DEH) to ensure the off-site limits and concentrations of the soil vapors from the former Quito Village dry cleaners are defined as quickly as possible. The City is also working with DEH to expedite a notification that will be sent to residents in the area to ensure they are aware of the upcoming testing to define the limits and the clean-up process. The discovery of the soil vapors has no impact on the City’s approval of the SB 35 project. Residents can find more information on the City website. ADJOURNMENT BERNALD/FITZSIMMONS MOVED TO ADJOURN THE MEETING AT 8:27 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

Saratoga City Council Agenda – July 7, 2021 – Page 1 of 10 SARATOGA CITY COUNCIL REGULAR MEETING JULY 7, 2021 CORRECTED REPORTS IN Item 3.1 Presentations added 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/82295016464 or App (Webinar ID 822 9501 6464) 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 (822 9501 6464), 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 Study Session by: 1. Using the Zoom website https://us02web.zoom.us/j/83246724709 or App (Webinar ID 832 4672 4709) 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 (832 4672 4709), 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/82873006992 or App (Webinar ID 828 7300 6992) 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 (828 7300 6992), and pressing *9 to raise their hand to speak on an agenda item when directed by the Mayor; OR

Saratoga City Council Agenda – July 7, 2021 – Page 2 of 10 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 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 (828 7300 6992), 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. 5:00 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/82295016464 or App (Webinar ID 822 9501 6464) 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 (822 9501 6464), 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. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Gov’t Code Section 54957) Title: City Attorney

Saratoga City Council Agenda – July 7, 2021 – Page 3 of 10 6:00 P.M. STUDY SESSION Members of the public can view and participate in the Study Session by: 1. Using the Zoom website https://us02web.zoom.us/j/83246724709 or App (Webinar ID 832 4672 4709) 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 (832 4672 4709), and pressing *9 to raise their hand to speak on an agenda item when directed by the Mayor. City Council and Commissions Electronic Communications Policy Recommended Action: Discuss the 2010 City Council and Commissions Electronic Communications Policy and provide direction to staff regarding any proposed revisions to be brought forward for consideration at a regular meeting of the City Council. Staff Report Attachment A – City Council and Commissions Electronic Communications Policy (May 19, 2010) Attachment B – Possible Revisions to Electronic Communications Policy 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/82873006992 or App (Webinar ID 828 7300 6992) 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 (828 7300 6992), 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 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 (828 7300 6992), 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 2, 2021.

Saratoga City Council Agenda – July 7, 2021 – Page 4 of 10 REPORT FROM CLOSED SESSION REPORT FROM STUDY SESSION 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. ANNOUNCEMENTS CEREMONIAL ITEMS Proclamation Declaring July 2021 as "Parks Make Life Better!" Month Recommended Action: Proclaim July 2021 as "Parks Make Life Better!" Month in the City of Saratoga. Staff Report Proclamation Declaring July 2021 as "Parks Make Life Better!" 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. 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 June 16, 2021. Staff Report Attachment A – Minutes for the Regular City Council Meeting on June 16, 2021 1.2. Review of Accounts Payable Check Registers Recommended Action: Review of Accounts Payable Check Registers 06/16/21 Period 12; 06/23/21 Period 12; 6/30/21 Period 12 Staff Report Check Register-06-16-21 P12 Check Register-06-23-21 P12 Check Register-06-30-21 P12 1.3. Treasurer’s Report for the Month Ended May 31, 2021 Recommended Action: Review and accept the Treasurer’s Report for the month ended May 31, 2021. Treasurer Report

Saratoga City Council Agenda – July 7, 2021 – Page 5 of 10 1.4. Two-Year Landscape Maintenance Service Contract with Gachina Landscape Management in the amount of $89,700 per year Recommended Action: Approve a two-year Landscape Maintenance Service Contract with Gachina Landscape Management for monthly landscape maintenance services in the amount of $89,700 per year and authorize the City Manager to execute the same. Staff Report Attachment A - Gachina Contract 1.5. Two-Year Landscape Maintenance Service Contract with Vista Landscape Management in the amount of $183,024 per year Recommended Action: Approve a two-year Landscape Maintenance Service Contract with Vista Landscape Maintenance for monthly landscape maintenance services in the amount of $183,024 per year and authorize the City Manager to execute the same. Staff Report Attachment A - Vista Contract 1.6. Two-Year Landscape Maintenance Service Contract with Dinsmore Landscape Company in the Amount of $32,088 per Year Recommended Action: Approve a two-year Landscape Maintenance Service Contract with Dinsmore Landscape Company for monthly landscape maintenance services in the amount of $32,088 per year and authorize the City Manager to execute the same. Staff Report Attachment A - Dinsmore Contract 1.7. Resolution Authorizing Final Disposition of Certain City Records Recommended Action: Adopt resolution authorizing final disposition of certain city records. Staff Report Attachment A - Resolution Authorizing the Final Disposition of Certain City Records Attachment B - List of Records Proposed for Final Disposition 1.8. Budget Adjustment for Workers Compensation Program Recommended Action: Staff recommends the City Council approve the attached FY 2020/21 budget adjustment resolution to fund the higher than expected insurance premium cost in the Workers Compensation program budget. Staff Report Attachment A – Budget Adjustment Resolution 1.9. Three Year Contract with ZAG Technical Services for IT Support Services in the amount not to exceed $40,000 per fiscal year Recommended Action: Authorize the City Manager to enter into a three-year contract with ZAG Technical Services for IT Support Services in the amount not to exceed $40,000 per fiscal year. Staff Report Attachment A - ZAG Contract

Saratoga City Council Agenda – July 7, 2021 – Page 6 of 10 1.10. Financial Audit Services Contract Recommended Action: 1.Authorize the City Manager to exercise a two-year contract option with Chavan & Associates, LLP for the FY 2020/21 and FY 2021/22 financial audits in the amount of $42,000 annually. 2.Authorize the City Manager to increase the contract by $5,000 annually if additional audit requirements are necessary due to the American Rescue Plan Act (ARPA). Staff Report Attachment A – Contract Attachment B – Engagement Letter 1.11. Five Year Community Access Cable Services Agreement Recommended Action: Authorize the City Manager to execute a new five-year agreement with the Saratoga Community Access Television Foundation. Staff Report Attachment A - KSAR contract 1.12. Budget Amendment – Bellgrove Landscaping and Lighting District (LLAD) Zone 26 Recommended Action: Adopt Resolution appropriating $15,000 from LLAD - Zone 26 fund balance into the Fiscal Year 2020/21 operating budget. Staff Report Attachment A - Budget Resolution Attachment B - Zone 26 Map 1.13. Extension of the Abandoned Vehicle Abatement Service Authority (AVASA) Program Recommended Action: Adopt the resolution authorizing the City of Saratoga to continue participation in the Santa Clara County Abandoned Vehicle Abatement Service Authority (AVASA) program for a fourth 10-year term beginning April 30, 2022, and to allow the collection of a one-dollar vehicle registration fee by the California Department of Motor Vehicles for this purpose. Staff Report Attachment A – Resolution Renewing the Santa Clara County Abandoned Vehicle Abatement Service Authority 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. 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. Items requested for continuance are subject to the City Council's approval at the Council Meeting. 2.1. Amendment to the City’s Tree Regulations 1st Reading Recommended Action: 1. Conduct a public hearing.

Saratoga City Council Agenda – July 7, 2021 – Page 7 of 10 2. Introduce and waive the first reading of the attached ordinance adopting and modifying Article 15-50 (Tree Regulations) to define problematic tree species and remove the tree removal permit fee for these trees. 3. Direct staff to place the ordinance on the consent calendar for adoption on July 21, 2021. Staff Report Attachment A - Ordinance 3. GENERAL BUSINESS 3.1. Consideration of Regional Housing Needs Allocation (RHNA) Appeal Recommended Action: Provide direction to staff on Saratoga’s draft RHNA Allocation appeal. Staff Report Attachment A - RHNA Appeal Request Attachment B - ABAG 2023-2031 RHNA Cycle Appeals Procedures Attachment C - HCD letter on appeals of SCAG’s Draft RHNA Plan, December 10, 2020 Attachment D - Public Comments Presentation 3.2. Plan Bay Area 2050 Comment Letter Recommended Action: Authorize submittal of a comment letter from the City Council on the Plan Bay Area 2050 Draft Environmental Impact Report. Staff Report Attachment A – Draft Comment Letter on Plan Bay Area 2050 EIR 3.3. City Council Position on Assembly Bill 215 Recommended Action: Approve the resolution in opposition to Assembly Bill 215 and authorize submittal of letters from the City Council expressing its position. Staff Report Attachment A – Resolution in Opposition to AB 215 Attachment B – Letters 3.4. 2020 Pavement Management Program Project – Amendment to Increase the Contract Amount by $448,341 Recommended Action: Authorize an amendment to the contract for the 2020 Pavement Management Program Project with O’Grady Paving, Inc. in the amount of $448,341. Staff Report Attachment A - Contract Amendment Attachment B - Original Contract Presentation 3.5. Award of Contract – Civic Theater Lighting and Controls Upgrades for a total amount of $340,924. Recommended Action: 1. Award the contract for the Civic Theater Lighting and Controls Upgrades project to Musson Theatrical in the amount of $324,690 and authorize the City Manager to execute the agreement.

Saratoga City Council Agenda – July 7, 2021 – Page 8 of 10 2. Authorize the City Manager to approve change orders not to exceed 5% of the contract amount ($16,234) as a project contingency. Staff Report Attachment A - Bid Package and Proposed Contract Attachment B - Bidders List 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

Saratoga City Council Agenda – July 7, 2021 – Page 9 of 10 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 2, 2021 at the City of Saratoga, 13777 Fruitvale Avenue, Saratoga, California and on the City's website at www.saratoga.ca.us. Signed this 2nd 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] 07/07 5:00 p.m. Closed Session | 6:00 p.m. Study Session on E-Communications Policy | 7:00 p.m. Regular Session 07/21 4:00 p.m. Closed Session | 5:00 p.m. Closed Session | 6:00 p.m. Joint Meeting with Hakone Board | 7:00 p.m. Regular Session 08/04 Tentative -No Meeting - Recess 08/18 08/31 Tentative -No Meeting - Recess 6:00 p.m. Joint 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, Traffic Safety Commission | 6:00 p.m. Joint Meeting with Assembly Member Evan Low | 7:00 p.m. Regular Session 09/15 5:00 p.m. Study Session on Rules of Parliamentary Procedure | 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 5:00 p.m. Joint Meeting with Historical Foundation | 6:00 p.m. Joint Meeting with West Valley – Mission Community College District Board of Trustees | 7:00 p.m. Regular Session CITY OF SARATOGA CITY COUNCIL MEETING CALENDAR 2021

Saratoga City Council Agenda – July 7, 2021 – Page 10 of 10 11/03 5:30 p.m. Joint Meeting with Saratoga Schools | 7:00 p.m. Regular Session 11/17 5:00 p.m. Joint Meeting with Los Gatos Saratoga Recreation | 6:00 p.m. Joint Meeting with State Senator Dave Cortese | 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 TBD | 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