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Home My WebLink About12-13-2022 City Council Agenda Packet, amended 12-13-2022Saratoga City Council Agenda December 13, 2022 – Page 1 of 3 SARATOGA CITY COUNCIL SPECIAL MEETING DECEMBER 13, 2022 AMENDED AGENDA • 12/12/2022 COMMENDATION FOR COUNCIL MEMBER BERNALD UPDATED • 12/13/2022 COMMENDATION FOR COUNCIL MEMBER BERNALD UPDATED 7:00 PM SPECIAL MEETING Civic Theater, Council Chambers | 13777 Fruitvale Avenue, Saratoga, CA 95070 Teleconference/Public Participation Information The Special Meeting will be held in-person and by teleconference pursuant to amendments to the teleconference rules required by the Ralph M. Brown Act allowing teleconferencing during a proclaimed state of emergency when a local official has recommended social distancing. Members of the City Council and the public may participate in person at the location listed below or via the Zoom platform using the information below. Members of the public can view and participate in the 7:00 p.m. Special Meeting by: 1. Attending the meeting in person at the Civic Theater, Council Chambers located at 13777 Fruitvale Avenue, Saratoga CA 95070; OR 2. Accessing the meeting through Zoom • Webinar URL: https://us02web.zoom.us/j/89201627048 • Webinar ID: 892 0162 7048 • Call In: 1.408.638.0968 or 1.669.900.6833; OR 3. 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 4. Viewing online at http://saratoga.granicus.com/MediaPlayer.php?publish_id=2 and calling in following the direction above. Written Communication Comments can be submitted in writing at www.saratoga.ca.us/comment. Written communications will be provided to the members of the City 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. Public Comment will begin with speakers attending in-person first followed by those attending via Zoom. 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. Saratoga City Council Agenda December 13, 2022 – Page 2 of 3 PLEDGE OF ALLEGIANCE ROLL CALL REPORT ON POSTING OF THE AGENDA The agenda for this meeting was properly posted on December 8, 2022. AGENDA ITEMS Declaration of the results for the November 8, 2022 General Municipal Election Recommended Action: Adopt the Resolution declaring the results of the General Municipal Election held in the City of Saratoga on November 8, 2022. Staff Report Attachment A - Resolution Declaring the Results of the November 8, 2022 General Municipal Election Recognition of Outgoing Council Members Recommended Action: Hear remarks from outgoing City Council Member Kumar and City Council Member Bernald. Present commendation and gift recognizing their service. Commendation for Council Member Kumar Commendation for Council Member Bernald Oath of Office for Newly Elected City Council Members Recommended Action: Direct the City Clerk, or her designee, to administer the Oath of Office to the newly Elected City Council Members Remarks from Newly Elected City Council Members Recommended Action: Hear remarks from newly Elected City Council Members Recognition of Outgoing Mayor Recommended Action: Hear remarks from outgoing Mayor Tina Walia. Appointment of Mayor & Vice Mayor Recommended Action: Declare offices of Mayor and Vice Mayor to be vacant, accept nominations for the office of Mayor, administer the Oath of Office to new Mayor, accept nominations for the office of Vice Mayor, and administer the Oath of Office to new Vice Mayor. Staff Report Attachment A - Resolution 10-002 Mayoral Rotation Policy ADJOURNMENT Saratoga City Council Agenda December 13, 2022 – Page 3 of 3 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 December 8, 2022 at the City of Saratoga, 13777 Fruitvale Avenue, Saratoga, California and on the City's website at www.saratoga.ca.us. Signed this 8th day of December 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] SARATOGA CITY COUNCIL MEETING DATE:December 13, 2022 DEPARTMENT:City Manager’s Department PREPARED BY:Britt Avrit, MMC, City Clerk SUBJECT:Declaration of the Results for the November 8, 2022 General Municipal Election RECOMMENDED ACTION: Adopt the Resolution declaring the results of the General Municipal Election held in the City of Saratoga on November 8, 2022. BACKGROUND: On May 18, 2022, the City Council adopted Resolution 22-018 that called for the holding of a General Municipal Election for the election of three City Council Members for full-terms of four- years and for the submission of a proposed measure to the voters of the City of Saratoga. Resolution 22-018 also requested that the Board of Supervisors render specified services to the City related to the conduct of the General Municipal Election, adopted regulations for candidates for elective office pertaining to filing fees and candidate statements, and provided for the process in the event of a tie vote for the November 8, 2022 General Municipal Election. The General Municipal Election for the City of Saratoga was held and conducted by the Santa Clara County Elections office on November 8, 2022 as required by law. The Registrar of Voters has completed the canvass of voters and provided the results as attached. California Elections Code Sections 10262, 10263 and 10264 require, among other things, the City Clerk as the City’s Elections Official, to certify the results to the governing body “no later than the next regularly scheduled city council meeting following presentation of the 28-day canvass of the returns, or at a special meeting called for this purpose.”Adoption of the attached Resolution satisfies the requirements in Elections Code Sections 10262,10263 and 10264. ATTACHMENT: Attachment A –Resolution Declaring the Results of the November 8, 2022 General Municipal Election 3 RESOLUTION NO. 22- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA DECLARING THE RESULTS OF THE GENERAL MUNICIPAL ELECTION HELD IN THE CITY OF SARATOGA ON NOVEMBER 8, 2022 WHEREAS, on May 18, 2022, the City Council adopted Resolution 22-018 calling for the holding of a General Municipal Election for the election of three City Council Members for full- terms of four-years and submitting to the voters the following question (Measure C): and Shall the City of Saratoga adopt an ordinance establishing term limits for members of the Saratoga City Council, limiting individuals to serving two terms and specifying the duration of various types of partial terms that are considered a term for the purposes of term limits? YES NO WHEREAS, Resolution 22-018 requested that the Board of Supervisors render specified services to the City related to the conduct of the General Municipal Election, adopted regulations for candidates for elective office pertaining to filing fees and candidate statements, and provided for the process in the event of a tie vote for the November 8, 2022 General Municipal Election; and WHEREAS, the Santa Clara County Elections Department has canvassed the returns of the election, has provided the results and those results are hereby attached and made a part hereof as Exhibit A. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Saratoga that: 1. Based on the results provided by the County of Santa Clara and attached herein as Exhibit A, Belal Aftab, Chuck Page and Yan Zhao are hereby elected to the office of City Council Member each for a full four-year term. 2. Based on the results provided by the County of Santa Clara, a majority of voters voting on Measure C did vote in favor of it, and Measure C was carried and shall be deemed adopted and ratified. 3. Section 2-10.200 as set forth in Section 2 of Exhibit B is hereby added to the Saratoga Municipal Code. 4. The City Clerk shall enter this Resolution in the records of the City Council of the City and shall deliver to each person elected a Certificate of Election and administer the Oath of Office as prescribed in the California Constitution. 4 Resolution 22- Page 2 The above and foregoing resolution was passed and adopted at a special meeting of the Saratoga City Council held on the 13th day of December 2022, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: Britt Avrit, MMC, City Clerk 1587315.1 5 EXHIBIT AResolution 22-Page 36 Registered VotersVoters CastBILL DALTONCHUCK PAGEPRIYA RAJARAM SHASTRIYAN ZHAO0004665 Precinct 1096 40 18 31 6 18 0004665 Vote by Mail 1096 673 230 331 172 386 0004665 Total 1096 713 248 362 178 404 0004666 Precinct 1714 55 32 29 13 20 0004666 Vote by Mail 1714 1031 408 426 277 589 0004666 Total 1714 1086 440 455 290 609 0004667 Precinct 670 26 13 8 11 17 0004667 Vote by Mail 670 418 184 205 95 237 0004667 Total 670 444 197 213 106 254 0004669 Precinct 65 3 2 3 2 0004669 Vote by Mail 65 45 23 26 13 24 0004669 Total 65 48 25 29 13 26 0004672 Precinct 1043 44 21 33 10 14 0004672 Vote by Mail 1043 606 219 320 155 290 0004672 Total 1043 650 240 353 165 304 0004674 Precinct 1049 42 19 19 8 23 0004674 Vote by Mail 1049 697 351 379 116 319 0004674 Total 1049 739 370 398 124 342 0004675 Precinct 1090 58 38 30 10 27 0004675 Vote by Mail 1090 665 265 291 154 335 0004675 Total 1090 723 303 321 164 362 0004676 Precinct 2597 115 50 61 28 41 0004676 Vote by Mail 2597 1567 606 678 387 768 0004676 Total 2597 1682 656 739 415 809 0004682 Precinct 0 1 1 0004682 Vote by Mail 0 0 0004682 Total 0 1 1 0004685 Precinct 2342 89 42 44 19 51 0004685 Vote by Mail 2342 1485 604 675 327 884 0004685 Total 2342 1574 646 719 346 935 0004687 Precinct 2169 106 51 53 27 52 0004687 Vote by Mail 2169 1260 535 526 267 762 0004687 Total 2169 1366 586 579 294 814 0004688 Precinct 2734 99 42 54 20 48 0004688 Vote by Mail 2734 1589 551 752 355 917 0004688 Total 2734 1688 593 806 375 965 0004692 Precinct 1672 83 38 47 25 38 0004692 Vote by Mail 1672 939 356 435 192 510 0004692 Total 1672 1022 394 482 217 548 0004699 Precinct 2240 76 31 45 26 40 0004699 Vote by Mail 2240 1335 586 534 385 709 0004699 Total 2240 1411 617 579 411 749 0004700 Precinct 0 0 62.99 %795 61.12 %477 3.39 %34 59.60 %761 61.74 %722 4.96 %35 56.16 %442 62.98 %647 3.62 %34 58.12 %688 67.21 %755 4.89 %36 58.09 %611 3.80 %33 63.41 %722 64.77 %877 66.33 %368 4.43 %48 60.34 %829 70.45 %435 5.32 %24 61.01 %344 62.32 %335 4.00 %18 66.44 %417 73.85 %22 4.22 %21 58.10 %314 66.27 %216 4.62 %1 69.23 %21 63.36 %542 3.88 %7 62.39 %209 65.05 %285 3.21 %20 60.15 %522Turnout (%)BELAL AFTAB3.65 %11 61.41 %274 Santa Clara Santa Clara 2022 General 1 City of Saratoga Council Member Printed: Wednesday, December 7, 2022 1:14 PM Data Refreshed: Wednesday, December 7, 2022 1:14 PM Page 92 of 123 Resolution 22-Page 4 7 Santa Clara Santa Clara 2022 General 0004700 Vote by Mail 0 0 0004700 Total 0 0 0004702 Precinct 2058 96 43 52 28 44 0004702 Vote by Mail 2058 1202 477 517 284 718 0004702 Total 2058 1298 520 569 312 762 0004704 Precinct 293 6 2 3 1 4 0004704 Vote by Mail 293 163 71 66 47 97 0004704 Total 293 169 73 69 48 101 Total - Precinct 22832 939 443 512 232 439 Total - Vote by Mail 22832 13675 5466 6161 3226 7545 Contest Total 22832 14614 5909 6673 3458 7984 59.89 %6811 64.01 %7174 57.68 %68 4.11 %363 63.07 %630 2.05 %2 55.63 %66 4.66 %39 58.41 %591 Printed: Wednesday, December 7, 2022 1:14 PM Data Refreshed: Wednesday, December 7, 2022 1:14 PM Page 92 of 123 Resolution 22- Page 5 8 Resolution 22-Page 69 Resolution 22-Page 710 Registered VotersVoters CastYes0004665 Precinct 1096 40 27 0004665 Vote by Mail 1096 674 471 0004665 Total 1096 714 498 0004666 Precinct 1714 55 43 0004666 Vote by Mail 1714 1034 744 0004666 Total 1714 1089 787 0004667 Precinct 670 26 20 0004667 Vote by Mail 670 420 300 0004667 Total 670 446 320 0004669 Precinct 65 3 0004669 Vote by Mail 65 45 32 0004669 Total 65 48 32 0004672 Precinct 1043 44 31 0004672 Vote by Mail 1043 607 446 0004672 Total 1043 651 477 0004674 Precinct 1049 42 31 0004674 Vote by Mail 1049 697 471 0004674 Total 1049 739 502 0004675 Precinct 1090 58 48 0004675 Vote by Mail 1090 667 493 0004675 Total 1090 725 541 0004676 Precinct 2597 115 89 0004676 Vote by Mail 2597 1572 1161 0004676 Total 2597 1687 1250 0004682 Precinct 0 1 1 0004682 Vote by Mail 0 0 0004682 Total 0 1 1 0004685 Precinct 2342 89 63 0004685 Vote by Mail 2342 1491 985 0004685 Total 2342 1580 1048 0004687 Precinct 2169 106 76 0004687 Vote by Mail 2169 1260 915 0004687 Total 2169 1366 991 0004688 Precinct 2734 99 79 0004688 Vote by Mail 2734 1590 1104 0004688 Total 2734 1689 1183 0004692 Precinct 1672 83 62 0004692 Vote by Mail 1672 939 648 0004692 Total 1672 1022 710 0004699 Precinct 2240 76 55 0004699 Vote by Mail 2240 1337 912 0004699 Total 2240 1413 967 0004700 Precinct 0 0 0004700 Vote by Mail 0 0 63.08 %313 61.12 %225 3.39 %14 59.69 %299 61.78 %375 4.96 %18 56.16 %207 62.98 %280 3.62 %17 58.16 %358 67.46 %387 4.89 %20 58.09 %260 3.80 %16 63.66 %371 64.96 %322 66.51 %139 4.43 %18 60.53 %304 70.45 %184 5.32 %9 61.19 %130 62.42 %126 4.00 %9 66.44 %175 73.85 %15 4.22 %10 58.20 %116 66.57 %97 4.62 %2 69.23 %13 63.54 %201 3.88 %4 62.69 %93 65.15 %156 3.21 %9 60.33 %192Turnout (%)No3.65 %12 61.50 %144 Santa Clara Santa Clara 2022 General 1 Measure C - City of Saratoga, Term Limit Ordinance Printed: Wednesday, December 7, 2022 1:14 PM Data Refreshed: Wednesday, December 7, 2022 1:14 PM Page 107 of 123 Resolution 22-Page 8 11 Santa Clara Santa Clara 2022 General 0004700 Total 0 0 0004702 Precinct 2058 96 73 0004702 Vote by Mail 2058 1204 857 0004702 Total 2058 1300 930 0004704 Precinct 293 6 3 0004704 Vote by Mail 293 163 117 0004704 Total 293 169 120 Total - Precinct 22832 939 701 Total - Vote by Mail 22832 13700 9656 Contest Total 22832 14639 10357 60.00 %2963 64.12 %3142 57.68 %32 4.11 %179 63.17 %290 2.05 %1 55.63 %31 4.66 %20 58.50 %270 Printed: Wednesday, December 7, 2022 1:14 PM Data Refreshed: Wednesday, December 7, 2022 1:14 PM Page 107 of 123 Resolution 22- Page 9 12 Resolution 22-Page 1013 Resolution 22- Page 11 EXHIBIT B Term Limits for Saratoga City Council Members Section 1. Purpose and Findings A. The purpose of this measure is to establish legally binding term limits for the Saratoga City Council. B. This measure would limit individuals to serving two terms on the City Council. After serving two terms an individual would not be eligible to serve again on the City Council. Section 2. Amendment to Saratoga Municipal Code In accordance with California Government Code 36502(b), Section 2-10.200 is added to the Saratoga Municipal Code to read: 2-10.200 Term Limits. (a) No person may serve more than two terms on the Saratoga City Council. (b) For purposes of this section: (1) any person who is removed or has resigned from office shall be deemed to have served a full term regardless of the amount of time in office; (2) any person who has been elected at a general municipal election to fill the unexpired term of a vacant seat on the City Council shall be deemed to have served a full term; and (3) any person who has been appointed or elected at a special election to fill the unexpired term of a vacant seat on the City Council and served two or more years in that capacity shall be deemed to have served a full term. (c) This section was adopted by the voters of the City of Saratoga at the November 8, 2022 election and shall not be repealed or amended except by a measure approved by a majority of the voters voting on the issue at an election legally called for that purpose. Section 3. Implementation. A. This ordinance shall take effect only if approved by a majority of voters of the City of Saratoga at the November 8, 2022 election. B. In accordance with State law, the Saratoga Municipal Code provisions of this ordinance shall apply prospectively only, to those terms of office which commence on or after November 8, 2022. 14 Resolution 22- Page 12 C. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, part, or portion of this measure is held to be invalid or unconstitutional by a final judgment of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this measure. The voters hereby declare that this measure, and each section, subsection, paragraph, subparagraph, sentence, clause, phrase, part, or portion thereof would have been adopted or passed even if one or more sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, parts, or portions are declared invalid or unconstitutional. If any provision of this measure is held invalid as applied to any person or circumstance, such invalidity shall not affect any application of this measure that can be given effect without the invalid application. 1503672.1 15 COMMENDATION OF THE CITY COUNCIL OF THE CITY OF SARATOGA HONORING COUNCIL MEMBER RISHI KUMAR WHEREAS, Council Member Rishi Kumar and his wife Seema moved to the Silicon Valley from Michigan in 2001 and raised their two sons in Saratoga; and WHEREAS, Council Member Rishi Kumar was elected to the Saratoga City Council in 2014 and reelected in 2018; and WHEREAS, before his election to the City Council, Council Member Kumar was actively engaged in the Saratoga community serving on the Planning Commission from 2007 to 2009, during which time he and the Planning Commission reviewed countless development applications, including the Prospect Road McDonald’s , Sam Cloud Barn, and Archangel Michael Serbian Eastern Orthodox Church, as well as drafted regulations and policies that shaped the physical makeup of the City, including the fence ordinance, blight ordinance, and neglected properties ordinance; and WHEREAS, Council Member Kumar also volunteered for the AYSO Soccer Board, Saratoga Cares Foundation, Saratoga’s Got Talent, Saratoga Chamber of Commerce, and Saratoga Boy Scouts; and WHEREAS, Council Member Rishi Kumar was a strong supporter ofcrime preventionefforts, encouraging the widespread adoption of Neighborhood Watch in Saratoga that resulted in a significant decline in residential property crime and helped build a stronger sense of community in Saratoga, and encouraging efforts that led to the implementation of the City’s Automated License Plate Reader Pilot program; and WHEREAS, during his tenure,Council Member Kumar and his peers also prioritized wildfire preparedness, increasing funding for removal of dead trees, authorizing a structure hardening incentive program, and allocating resources for wildfire mitigation outreach and education; and WHEREAS, Council Member Kumar was a champion for direct resident communications and he regularly shared City news through his own communication channels and provided support for many of the City’s communication efforts, including a website redesign and resources for centralized communications that ensured City messaging was thoughtful, strategic, consistent, timely, and accessible; and WHEREAS, Council Member Kumar advocated on behalf of residents opposed to increased water rates, providing residents with information about the rate setting process and ways they could weigh in on the decisions surrounding water rates; and WHEREAS, Council Member Kumar and his fellow Council Members ensured residents had access to recreational opportunities and open space by opening two new City parks, including Quarry Park in 2015 and Friendship Park in 2019, as well as the Community Center Bocce Courtyard in 2019, Saratoga-to-the-Sea-Trail in 2020, and the Beauchamps Park Accessible Playground in 2022; and WHEREAS, during his tenure on the City Council, he and the rest of the City Council secured funds to benefit the Saratoga community through the restoration of Tax Equity Allocation funds, sale of Rule 20A funds, and approval of countless grant programs that helped keep Saratoga’s infrastructure operational, including roughly $7 million in American Rescue Plan Act funds to improve the City’s aging stormwater system; and WHEREAS, between 2014 and 2022, Council Member Kumar and the City Council have approved numerous policies, programs, and projects that seek to improve the quality of life for residents and enhance services from the City, such as the restoration of the Code Compliance program, adoption of the leaf blower ordinance, online permitting and Community Development services, adoption of the Climate Action Plan, remodel of the Community Development Department lobby, and the start of City administration of the Weed Abatement Program; and WHEREAS, in addition to his duties on the City Council, Council Member Kumar served on the Santa Clara Valley Water Commission from 2014 to 2022 and was a member of the Santa Clara County Library Joint Powers Board of Directors, West Valley Clean Water Program Board of Directors, and West Valley Solid Waste Management Joint Powers Authority Board at different times during his tenure on the City Council. NOW, THEREFORE, BE IT RESOLVED,that the City Council of the City of Saratoga does hereby commend Council Member Rishi Kumar for his outstanding dedication to the City of Saratoga and recognizes his contributions to his fellow Council Members, the Saratoga community, and the City of Saratoga staff. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 13th day of December 2022. Tina Walia, Mayor City of Saratoga 16 COMMENDATION OF THE CITY COUNCIL OF THE CITY OF SARATOGA HONORING COUNCIL MEMBER MARY-LYNNE BERNALD WHEREAS, Council Member Mary-Lynne Bernald moved to Saratoga in 1978 with her husband Gene and together they raised their two sons, Jamie and Jeff; and WHEREAS, she was a member of the City of Saratoga Library Expansion Committee from 2000 to 2003 and assisted with selection of an architect for the remodel and expansion of the Saratoga Library, gathered community input on the design, and advised the City Council on decisions related to the library prior to its opening on June 21, 2003; and WHEREAS, she served on the Planning Commission for 10 years and served as the Commission Chair 3 times prior to her election to the City Council, while a Planning Commissioner she contributed to a number of significant projects including an overhaul of the City’s sign regulations, development of new residential design guidelines after approximately 30 years, updates to the General Plan Circulation and Scenic Highway Element, Housing Element, Noise Element, and Safety Element, review of both the Garrod Ranch and Thunder Ranch annexation projects, preparation of wireless telecommunication facilities regulations, development of Village outdoor music permits, drafting of critical City ordinances that resulted in new regulations for fireplaces, use of story poles, as well as standards for water efficient landscaping, and the review of significant projects including the renovations of Congregation Beth David and Saratoga Woods Conditional Use Permit; and WHEREAS, Council Member Mary-Lynne Bernald was elected to the Saratoga City Council in November 2014, reelected in 2018, and has served a total of 8 years on the Saratoga City Council; and WHEREAS, Council Member Mary-Lynne Bernald provided outstanding leadership to the City in her role as Vice Mayor in 2017 and 2020, and as Mayor in 2018; and WHEREAS, Council Member Mary-Lynne Bernald’s leadership guided the City’s tobacco and smoking regulations resulting in the City’s first ever American Lung Association Tobacco Control A grade in 2018; and WHEREAS, Council Member Mary-Lynne Bernald also spearheaded adoption of the City’s firearms storage ordinance, implementation of the Youth in Government program, the start of community composting workshops, and development of a public art program including the Public Art Committee and many community-oriented art efforts, such as Paint the City, #SaratogaROCKS, Rainy Day Poetry, and Nuts About Saratoga that brought residents together through the arts; and WHEREAS, Council Member Bernald and her fellow Council Members ensured residents had access to recreational opportunities and open space by opening two new City parks, including Quarry Park in 2015 and Friendship Park in 2019, as well as the Community Center Bocce Courtyard in 2019, Saratoga-to-the-Sea-Trail in 2020, and the Beauchamps Park Accessible Playground in 2022; and WHEREAS, Council Member Bernald and the other members of the City Council supported programs and policies that helped residents age in place, such as a senior transportation pilot and funding for RYDE, resulting in the City of Saratoga’s designation as an Age Friendly City by the World Health Organization; and WHEREAS, during her tenure, Council Member Bernald and her peers on the Council prioritized public safety, investing in a Neighborhood Watch program in 2016, establishing two different task forces to evaluate and develop recommendations on crime prevention and wildfire preparedness, restoring the City’s Code Compliance Program, and funding the School Resource Officer; and WHEREAS, with the support of Council Member Bernald, the City Council secured funds to benefit the Saratoga community through the restoration of Tax Equity Allocation funds, sale of Rule 20A funds, and approval of countless grant programs that helped keep Saratoga’s infrastructure operational, including roughly $7 million in American Rescue Plan Act funds to improve the City’s aging stormwater system; and WHEREAS, between 2014 and 2022, Council Member Bernald and the City Council have approved numerous policies, programs, and projects that seek to improve the quality of life for residents and enhance services from the City, such as the Storm Drain Master Plan, leaf blower ordinance, Climate Action Plan, 4th Street Stop Sign, beekeeping ordinance, and remodel of the Community Development Department lobby; and WHEREAS, Council Member Bernald served on the Hakone Foundation Board of Directors and worked diligently to secure funds to preserve and sustain the historic Hakone Gardens for future generations to enjoy; and WHEREAS, in addition to her duties on the City Council, Council Member Bernald served on the Select Committee on South Bay Arrivals from April to November 2015 and represented the interests of over 2 million South Bay residents by reviewing FAA proposals, constituent input, and making a consensus-based recommendation on airplane noise to Congressional representatives Anna Eshoo, Jackie Spier, and Sam Farr, then from 2019 to 2021 she served as the Chair of the Santa Clara/Santa Cruz Counties Airport/Community Roundtable, and she served on the Santa Clara County Recycling and Waste Reduction Commission from 2017 to 2022. NOW, THEREFORE, BE IT RESOLVED,that the City Council of the City of Saratoga does hereby commend Council Member Mary-Lynne Bernald for her outstanding dedication to the City of Saratoga and recognizes her contributions to her fellow Council Members, the Saratoga community, and the City of Saratoga staff. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 13th day of December 2022. Tina Walia, Mayor City of Saratoga 17 SARATOGA CITY COUNCIL MEETING DATE:December 13, 2022 DEPARTMENT:City Manager’s Department PREPARED BY:Britt Avrit, MMC, City Clerk SUBJECT:Appointment of Mayor & Vice Mayor RECOMMENDED ACTIONS: Declare offices of Mayor and Vice Mayor to be vacant, accept nominations for the office of Mayor, direct the City Clerk or designee to administer the Oath of Office to new Mayor, accept nominations for the office of Vice Mayor, and direct the City Clerk or designee to administer the Oath of Office to new Vice Mayor. BACKGROUND: California Government Code section 36801 states the City Council of general law cities shall “choose one of its number” to serve as Mayor and Vice Mayor. Each December, the City Council conducts a reorganization to select a Mayor and Vice Mayor to serve a one-year term. To commence the reorganization, the City Clerk will declare the offices of Mayor and Vice Mayor vacant. The City Clerk will open the public comment period. Once public comment is concluded, the City Clerk will request nominations for the office of Mayor, close nominations, facilitate deliberation, then call for the vote. Following the vote, the oath of office will be administered to the Mayor. The new Mayor will then repeat this process to accept nominations for the office of Vice Mayor. Following the Oath of Office for both Mayor and Vice Mayor, the new Mayor, new Vice Mayor, and members of the Council may give remarks. Additionally, the Mayor may receive remarks from the public. In January 2010, the City Council adopted Resolution 10-002 to establish a rotation policy of the Mayor and Vice Mayor. The policy is included as Attachment A. ATTACHMENT: Attachment A –Resolution 10-002 Mayoral Rotation Policy 18 RESOLUTION NO. 10 —002 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA IMPLEMENTING A POLICY FOR ROTATION OF MAYOR AND VICE MAYOR WHEREAS, California Government Code Section 36801 provides that the Mayor and Mayor Pro Tem of a general law city is selected by a majority vote of the City Council; and WHEREAS, said Government Code Section does not require nor provide for any particular procedure for selecting the Mayor; and WHEREAS; the Saratoga Municipal Code does not provide a procedure for selecting the Mayor and the Mayor Pro Tem; and WHEREAS, on December 16, 2009, the Saratoga City Council was provided with samples of other California cities' policies regarding mayoral rotation; and WHEREAS, on December 16, 2009, the Saratoga City Council considered establishing a Council policy that would provide a method for the selection of Mayor and Vice Mayor for the City of Saratoga; and WHEREAS, on December 16, 2009, the Saratoga City Council voted to implement a mayoral rotation policy that would place the council candidates with the two highest votes in any one election into a queue to rotate into the position of Mayor and Vice Mayor. In each Saratoga City Council election, the candidate with the most votes is placed first in the rotation of that group, the candidate with the second highest votes is placed second; and WHEREAS, on December 16, 2009, the Saratoga City Council directed staff to bring back a resolution establishing Council's newly implemented mayoral rotation policy at the next scheduled regular Council meeting on January 20, 2010. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Saratoga adopts a resolution establishing a mayoral rotation policy whereby the two council candidates with the highest votes in any one election are placed into a queue to rotate into the position of Mayor and Vice Mayor. In each Saratoga City Council election, the candidate with the most votes is to be placed first in the rotation of that group, the candidate with the second highest votes is to be placed second. The Mayor and Vice Mayor are chosen annually by the City Council from among its members by the affirmative vote of three or more of the Council Members. In each City Council election, the person with the most votes shall be placed first in the rotation of that group, the second highest vote getter will be placed second, and in the years when there is a third seat contest, the third highest vote getter will be placed third in that rotation. However, the Council member who received the third most votes in an election year filling three seats will not be in the queue for either Vice Mayor or Mayor but would be in rotation should the Council member traditionally rotating into the Vice Mayor or Mayor position be unavailable to serve in that role. 19 In case of appointment to the City Council to fill a vacancy, that person will not be placed in rotation for the position of Mayor or Vice Mayor. Each new election will determine the rotation only for the group in that election. Should any City Council member not be available to take their regular place in the established rotation, the next person in the rotation will be elevated to the Vice Mayor's position and the rotation will continue as previously set. BE IT FURTHER RESOLVED, the above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 20 day of January 2010 by the following vote: AYES: Councilmember Chuck Page, Howard Miller, Mayor Kathleen King NOES: Councilmember Jill Hunter ABSTAIN: None ABSENT: Councilmember Susie Nagpal ATTEST: Ann Sullivan, City Clerk I !/ ..t. Kathleen M. King, May/ 20