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HomeMy WebLinkAbout08-19-2020 Council Agenda packetSaratoga City Council Agenda – August 19, 2020 – Page 1 of 8 SARATOGA CITY COUNCIL REGULAR MEETING AUGUST 19, 2020 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 view and participate in the Commission Interviews by: 1. Using the Zoom website https://us02web.zoom.us/j/84620812436 or App (Webinar ID 846 2081 2436) 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 (846 2081 2436), and pressing *9 to raise their hand to speak on an agenda item when directed by the Mayor. Members of the public can comment on Closed Session items by: 1. Using the Zoom website https://us02web.zoom.us/j/89670077759 or App (Webinar ID 896 7007 7759) 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 (896 7007 7759), and pressing *9 to raise their hand to speak when directed by the Mayor. Please note that the public comment period will end by 5:10 p.m. or after the last speaker is heard, whichever occurs first. 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 at 5:50 p.m. through the above methods and again during the Regular Session, which begins at 7:00 p.m. Access information for the Regular Session is below. If Closed Session is continued and resumes after the Regular Session is adjourned, the public can hear a report out from Closed Session once Closed Session has concluded using the following access information for the Regular Session. There will be no opportunity for public comment during the continued Closed Session. A report out will also be shared at the beginning of the next Regular City Council Meeting. Saratoga City Council Agenda – August 19, 2020 – Page 2 of 8 Members of the public can view and participate in the Joint Meeting by: 1. Using the Zoom website https://us02web.zoom.us/j/83183882603 or App (Webinar ID 831 8388 2603) 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 (831 8388 2603), 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/81767853912 or App (Webinar ID 817 6785 3912) 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 (817 6785 3912), 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 (817 6785 3912), 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. Saratoga City Council Agenda – August 19, 2020 – Page 3 of 8 3:30 P.M. COMMISSION INTERVIEWS Members of the public can view and participate in the Commission Interviews by: 1. Using the Zoom website https://us02web.zoom.us/j/84620812436 or App (Webinar ID 846 2081 2436) 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 (846 2081 2436), and pressing *9 to raise their hand to speak on an agenda item when directed by the Mayor. INTERVIEWS: 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/89670077759 or App (Webinar ID 896 7007 7759) 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 (896 7007 7759), and pressing *9 to raise their hand to speak when directed by the Mayor. Please note that the public comment period will end by 5:10 p.m. or after the last speaker is heard, whichever occurs first. 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 at 5:50 p.m. through the above methods and again during the Regular Session, which begins at 7:00 p.m. Access information for the Regular Session is below. If Closed Session is continued and resumes after the Regular Session is adjourned, the public can hear a report out from Closed Session once Closed Session has concluded using the Time Name Commission Vacancies Incumbent 3:40 p.m. Lan Kan Planning 1 partial Term (ending March 31, 2022) No 3:50 p.m. Clinton Brownley Planning 1 partial Term (ending March 31, 2022) No 4:00 p.m. Michael Bustamante Planning 1 partial Term (ending March 31, 2022) No 4:10 p.m. Martin Yu Planning 1 partial Term (ending March 31, 2022) No 4:20 p.m. John Feemster Planning 1 partial Term (ending March 31, 2022) No 4:30 p.m. Joelle Hurlston Planning 1 partial Term (ending March 31, 2022) No Saratoga City Council Agenda – August 19, 2020 – Page 4 of 8 following access information from the Regular Session. There will be no opportunity for public comment during the continued Closed Session. A report out will also be shared at the beginning of the next Regular City Council Meeting. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Gov’t Code Section 54957) Title: City Manager 6:00 P.M. JOINT MEETING Members of the public can view and participate in the Joint Meeting by: 1. Using the Zoom website https://us02web.zoom.us/j/83183882603 or App (Webinar ID 831 8388 2603) 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 (831 8388 2603), and pressing *9 to raise their hand to speak on an agenda item when directed by the Mayor. Joint Meeting with Hakone Foundation Board 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/81767853912 or App (Webinar ID 817 6785 3912) 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 (817 6785 3912), 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 (817 6785 3912), 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 August 14, 2020. REPORT FROM CLOSED SESSION REPORT FROM JOINT MEETING Saratoga City Council Agenda – August 19, 2020 – Page 5 of 8 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 SPECIAL PRESENTATIONS Youth in Government 2020 Final Report and Presentation Recommended Action: Receive presentation from the Youth in Government Students and present certificates to Abhinav Patkar, Justin Guo, Safia Peer, Suraj Mehrotra, Tina Zhong, Angad Singh, Angelina Hong, Emily Choi, Esther Luan, Karishma Goswami, Meghana Simhadri, Alexandre Paquier, Anika Ramanathan, Chloe Lee, Keon Nikfar, and Natalie Lager for their completion of the Youth in Government 2020 program. 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 Meetings on July 1, 2020 and Special City Council Meetings for July 16, 2020 and July 23, 2020. 1.2. Review of Accounts Payable Check Registers Recommended Action: Review and accept check registers for the following accounts payable payment cycles: 6/30/2020 Period 12; 7/8/2020 Period 13; 7/8/2020 Period 1; 7/15/2020 Period 13; 7/15/2020 Period 1; 7/22/2020 Period 13; 7/22/2020 Period 1; 7/29/2020 Period 13; 7/29/2020 Period 1; 8/5/2020 Period 13; 8/5/2020 Period 2; 8/12/2020 Period 13; 8/12/2020 Period 2. 1.3. Treasurer’s Report for the Month Ended June 30, 2020 Recommended Action: Review and accept the Treasurer’s Report for the month ended June 30, 2020. 1.4. Landmark Designation for 15320 Peach Hill Road – Application No. LNDMRK20- 0001 Recommended Action: Waive the second reading and adopt the attached ordinance designating the property at 15320 Peach Hill Road as a historic landmark Saratoga City Council Agenda – August 19, 2020 – Page 6 of 8 1.5. Saratoga to Sanborn Trail – Amendment to Extend the Early Completion Deadline for the Construction Contract Recommended Action: Move to amend the construction contract for the Saratoga to Sanborn Trail to extend the early completion deadline by 32 days due to COVID-19 delays. 2. PUBLIC HEARING None 3. GENERAL BUSINESS 3.1. Resolution Defining Authorities and Responsibilities of the Saratoga Library & Community Engagement Commission Recommended Action: Approve the resolution renaming the Saratoga Library Commission as the Saratoga Library and Community Engagement Commission and redefining the Commission’s authorities and responsibilities; and authorize the proposed work plan changes recommended by the Commission. 3.2. Coronavirus Aid, Relief, and Economic Security (CARES) Act Funding Recommended Action: Receive report and provide direction. 3.3. Proposed Wildfire Prevention and Preparedness Legislation Recommended Action: Consider the Wildfire Public Safety Task Force recommendation to approve the resolutions in support of Assembly Bill 2167 and Senate Bill 292, Assembly Bill 2178, Assembly Bill 3256, and Senate Bill 431. 3.4. Designation of League of California Cities Annual Conference Voting Delegate and Alternates Recommended Action: Designate the City of Saratoga voting delegate and alternate voting delegate(s) for the 2020 League of California Cities Annual Conference. COUNCIL ASSIGNMENTS Mayor Howard Miller Council Finance Committee Saratoga Ministerial Association Saratoga Sister City Organization Silicon Valley Clean Energy Authority Board of Directors Valley Transportation Authority (VTA) Policy Advisory Committee VTA State Route 85 Corridor Policy Advisory Board West Valley Mayors & Managers Saratoga City Council Agenda – August 19, 2020 – Page 7 of 8 Vice Mayor Mary-Lynne Bernald Association of Bay Area Governments Cities Association of Santa Clara County Board of Directors Cities Association of Santa Clara County-City Selection Committee Cities Association of Santa Clara County-Legislative Action Committee Cities Association of Santa Clara County- meetings Council Finance Committee Hakone Foundation Board & Executive Committee Public Art Committee Santa Clara County Housing and Community Development (HCD) Council Committee Santa Clara/Santa Cruz Airport/Community Roundtable Saratoga Historical Foundation 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 Yan Zhao Hakone Foundation Board KSAR Community Access TV Board Public Art Committee Santa Clara County-Comprehensive County Expressway Planning Study Policy Advisory Board Saratoga Area Senior Coordinating Council (SASCC) Saratoga Chamber of Commerce & Destination Saratoga West Valley Sanitation District CITY COUNCIL ITEMS COUNCIL COMMUNICATIONS CITY MANAGER'S REPORT ADJOURNMENT CERTIFICATE OF POSTING OF THE AGENDA, DISTRIBUTION OF THE AGENDA PACKET, COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT I, Debbie Bretschneider, CMC, City Clerk for the City of Saratoga, declare that the foregoing agenda for the meeting of the City Council was posted and available for review on August 14, 2020 at the City of Saratoga, 13777 Fruitvale Avenue, Saratoga, California and on the City's website at www.saratoga.ca.us. Signed this 14th day of August 2020 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 Saratoga City Council Agenda – August 19, 2020 – Page 8 of 8 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] 08/19 3:30 p.m. Commission Interviews | 5:00 p.m. Closed Session | 6:00 p.m. Joint Meeting with Hakone Board | 7:00 p.m. Regular Session 09/02 5:00 p.m. Commission Interviews for Library & Parks | 6:00 p.m. Joint Meeting with Montalvo Arts | 7:00 p.m. Regular Session 09/16 6:00 p.m. Joint Meeting with Youth Commission | 7:00 p.m. Regular Session 10/07 5:00 p.m. Joint Meeting with West Valley – Mission Community College Board of Trustees | 6:00 p.m. Joint Meeting - Saratoga Schools and Boards at West Valley College | 7:00 p.m. Regular 10/21 6:00 p.m. Joint Meeting with Sheriff’s Office | 7:00 p.m. Regular Session 11/04 6:00 p.m. Joint Meeting with KSAR | 7:00 p.m. Regular Session 11/18 6:00 p.m. Joint Meeting with TBD | 7:00 p.m. Regular Session 12/02 5:00 p.m. Commission Interviews for HPC & TSC | 6:00 p.m. Joint Meeting with Historical Foundation |7:00 p.m. Regular Session 12/15 7:00 p.m. Council Reorganization 12/16 6:00 p.m. Study Session – Council Norms | 7:00 p.m. Regular Session Unless otherwise stated, Joint Meetings and Study Sessions begin at 6:00 p.m. in the Linda Callon Conference Room at Saratoga City Hall at 13777 Fruitvale Avenue and Regular Session begins at 7:00 p.m. in the Civic Theater at 13777 Fruitvale Avenue CITY OF SARATOGA CITY COUNCIL MEETING CALENDAR 2020 City Council Joint Meeting The City Council Regular Session begins at 7:00 p.m. as a Virtual Meeting. View access information on the agenda at www.saratoga.ca.us/agendacenter JOINT MEETING WITH HAKONE FOUNDATION BOARD August 19, 2020 6:00 p.m. –6:45 p.m. Virtual Meeting General Public Zoom Access: https://us02web.zoom.us/j/83183882603 Webinar ID: 831 8388 2603 Or Dial:1.408.638.0968 or 1.669.900.6833 and enter Webinar ID (City Council, Hakone Foundation Board, and staff will receive separate access information) Discussion Topics Introductions Hakone Lease Koi Pond Updates Other Remarks & Wrap Up 6 SARATOGA CITY COUNCIL MEETING DATE:August 19, 2020 DEPARTMENT:Youth in Government PREPARED BY:Abhinav Patkar, Alexandre Paquier, Angad, Singh, Angelina Hong, Anika Ramanathan, Chloe Lee, Emily Choi, Esther Luan,Justin Guo, Karishma Goswami, Keon Nikfar, Meghana Simhadri, Natalie Lager, Safia Peer, Suraj Mehrotra and Tina Zhong. SUBJECT:Youth in Government 2020 Final Report and Presentation RECOMMENDED ACTION: Receive presentation from the Youth in Government Students and present certificates to Abhinav Patkar, Alexandre Paquier, Angad, Singh, Angelina Hong, Anika Ramanathan, Chloe Lee, Emily Choi, Esther Luan, Justin Guo, Karishma Goswami, Keon Nikfar, Meghana Simhadri, Natalie Lager, Safia Peer, Suraj Mehrotra and Tina Zhong for their completion of the Youth in Government 2020 program. BACKGROUND: This report contains feedback from each Youth in Government Student and what they’ve learned through the Youth in Government 2020 program. Abhinav Patkar:Being new to the district, I had no idea who our leaders were or how our local government worked, so I took this program hoping to learn more. I was just expecting a basic rundown of our government, but I was in for so much more. Never would I have guessed that I would get to meet city council members, or even the mayor. Throughout the program, I gained a tremendous amount of information not only about how our government works, but also how I can make change in my community. With the new knowledge I have gained, I will be able to make better political decisions in the future and help my community in ways I never thought of. Alex Paquier: Before coming to this class, I was skeptical of taking it. But those feelings changed on the first day. This program affects my daily life because it shows the process that many people have to take to become a council member. On a closer note, it relates directly to the process of my mom, which is helpful to understanding what she is doing. I knew nothing about the local government though being slightly involved in it. I learned how to analyze data in a way that I had never done before as well. 7 Angad Singh: This program has given me an insight into local government, and is basically my stepping stone for going deeper into my education and involving myself in the workings of the world as a student. Meeting important members of the city has certainly helped me not only get to know who runs the city, but also make connections, which can also be helpful later. Specifically, learning about passing policies, city council meetings, city departments and commissions, as well as individuals and their roles is just a fraction of what I learnt here. Being my first introduction to government and a serious undertaking in my education is what will keep Youth In Government memorable for me. Angelina Hong: Coming into this I had little to no comprehension as to what goes on in our local government, but after the first few meetings I had learned so much about how elections work, the different departments, and what it takes to be a person in a role of government. I enjoyed being staff and presenting our topic. Our group was very prepared and well researched and I liked hearing what the mock city council and public had to say about our topic. Though I personally don’t plan to go into government, the knowledge I gained will definitely help me when I want to speak out about topics I’m passionate about. This course also improved my public speaking skills which will help me out a ton in the future. Anika Ramanathan: This Youth in Government program really helped me understand how the Saratoga city government works. Before I joined this class, I had no experience in the local government, and I knew very little about the processes of creating new policies, who our community partners are, and what the different departments do. Now, I have a much deeper understanding of how everything works, from our community partners to city council meetings. The YIG program has certainly helped me learn a lot about our local government. This class gave me a much clearer picture of our city and what we as students and residents of Saratoga can do to help our community. Chloe Lee: Prior to participating in the Youth in Government program, I did not have much experience or knowledge about local governments. However, through this opportunity, I learned about how our local government runs, and the demanding work that is done behind the scenes for the best community. The program took me to step by step to give me a better understanding of our city, with detailed experiences from panelists who took time from their busy schedules, which were all very inspiring and something to look up to, considering how much work they do and what they still learn from their careers. This program was unforgettable, and I am sure that the skills, such as public speaking and analysis methods, would be extremely useful in the future. Through these processes of the program, I was able to find my interest in politics and to consider working as a part of the government in the future. Emily Choi: In the 2020-21 Youth in Government Program, I learned about how the city of Saratoga runs, especially all of our facilities. I was surprised to find out how many of our services we outsource because we are a minimal-service city. In the future, I will definitely be making use of my civic capacity to impact local government and have my voice be heard to contribute to my community. Esther Luan: This program gave me the opportunity to look into community issues from a new 8 perspective, which is particularly helpful for me because of my interest in policy advocacy, which up until now I have always been conducting from only a personal viewpoint. Using the insight I’ve gained from Youth In Government, I believe that I’ll be able to be more comprehensive and consider more perspectives when advocating for policy in the future, as well as being able to support more effective and feasible policies. This program has also led me to seriously consider a possible career in government. Justin Guo: This program has allowed for me to better understand what happens in not only Saratoga’s government but many other cities that function similarly. Throughout this class, I have been able to learn the different sections and levels of government, while also experiencing first hand what a typical city council meeting would look like. I have developed deeper understandings of the laws and actions that are discussed in council meetings. I was also able to understand the pros and cons, as well as analyze major problems in today’s world such as climate change and wage gap. Government is something that I find interesting and might consider pursuing in the future, and this course has done a lot to help that. Karishma Goswami: Going into this program I had a lot of interest in climate legislation and policy work in general. This program taught me how to analyze policy and what goes into passing and implementing those policies. I also learned about all of our commissions and city partners in Saratoga, which was very interesting because I hadn’t realized how many people were involved in local government, and how many different roles there are. This program influenced my future actions as it piqued my interest in local government and I may now consider taking on a role in local government in the future. Keon Nikfar: I learned a lot from this program. Many of the topics we covered during our sessions, I had no idea about prior. I learned how a city council operates and how policies are made. I learned that the city council meetings are not just composed of council members but also staff who give reports on recommended actions, and public speakers who voice their opinions on the actions. I also got an idea of what some of the jobs are and what they do. After the end of this program, I will definitely give working for the government a thought, as I enjoyed this program and found it very interesting. Meghana Simhadri: During this program, I learned about the inner workings of local government and how everyone is reliant on each other to pass laws and ordinances. No single person holds enough power to do so on their own, and I was surprised that that mayor’s role was not too different from the council members’. I learned that the government depends on teamwork and collaboration, and that lengthy planning is required and many details are necessary to even bring an item to the city council meetings. Furthermore, I learned about how involved the city is in engaging its residents and I found out about new activities I could participate in, such as trivia at the library and the 5k run. Most of all, I gained a better understanding of how I can be involved in local government and create change in my community. In the future, I hope to engage more with decision making in Saratoga and continue learning about the ways I can impact others. Natalie Lager: Going into this program, I did not expect to learn as much as I did about local government in just two weeks. Every day of the program was packed with new information that I did not always expect to learn about, but found very interesting. For example, I did not think we would hear from our community partners or people who work at the state and county level. I will definitely be looking into volunteering or helping these initiatives in the future because I now know more about what they do and who they support. This program has helped me to not only learn 9 about how local government works, but also how to become an engaged citizen in our government and community. Safia Peer: The Youth in Government program was an extremely rewarding experience for me. Through this program, I learned more about the crucial role of the city government. It takes so many people to keep the city running smoothly, and everyone must work in conjunction with one another. It was amazing to me how many initiatives the city has done to improve the city for all of its residents. Since I am a former Youth Commissioner, I already had basic knowledge about the city. An issue I had after finishing my term was that I did not know how I could continue to give back to Saratoga. Through this program, I learned about many new and exciting opportunities. The most important thing I took away is that everyone has a voice, and we should use it. Because of this program’s guidance, I now know that I would like to be a part of the government in the future. Suraj Mehrotra: In this online Youth In Government Program, I definitely learned a lot about how the city of Saratoga works and I learned a lot I didn’t know before. As a member of this I loved how we still got a lot of important concepts and did activities without everything being in person, I think online we did the best we very could and still learned a lot. As a student I believe that learning about local government is pretty underrated and we only learn national level government/history or world government/history. But the local government is the beginning of the chain, and I definitely learned a lot. All the people that devoted their time to explaining their jobs and how we can help and answering our questions are great and I look forward to meeting them again. I definitely learned a multitude more about this city than I could have learned in a different program. I learned lots of exciting volunteer opportunities and how council meetings are run. If I do decide to run as a politician later in the future, this is a great step towards that. Tina Zhong: Through this program, I learned about the structure and procedures of the city council. I am also now more familiar with the different departments and programs in Saratoga. I also got a better understanding of the jobs in law enforcement, library, and more. I enjoyed working on the different assignments and learned how to better analyze situations with either the PEST or pro/con tables. I also learned how to directly impact and help the community. Overall, the program is very comprehensive and I would recommend other teenagers to participate in the future. ATTACHMENTS: Attachment A – Youth in Government Certificates of Completion Attachment B – Youth in Government Presentation 10 Certificate of Completion THIS CERTIFICATE IS AWARDED ON AUGUST 19, 2020 TO ABHINAV PATKAR YOUTH IN GOVERNMENT INTERNSHIP PROGRAM The City Council of the City of Saratoga hereby congratulates you on the successful completion of the Saratoga Youth in Government Internship and thanks you for your 25 hours of service as an intern to the City of Saratoga. The City appreciates your contributions and encourages you to remain actively engaged in your community. Internship Progr am City of Saratoga Youth in Government Howard A. Miller, Mayor 11 Certificate of Completion THIS CERTIFICATE IS AWARDED ON AUGUST 19, 2020 TO ALEXANDRE PAQUIER YOUTH IN GOVERNMENT INTERNSHIP PROGRAM The City Council of the City of Saratoga hereby congratulates you on the successful completion of the Saratoga Youth in Government Internship and thanks you for your 25 hours of service as an intern to the City of Saratoga. The City appreciates your contributions and encourages you to remain actively engaged in your community. Internship Progr am City of Saratoga Youth in Government Howard A. Miller, Mayor 12 Certificate of Completion THIS CERTIFICATE IS AWARDED ON AUGUST 19, 2020 TO ANGAD SINGH YOUTH IN GOVERNMENT INTERNSHIP PROGRAM The City Council of the City of Saratoga hereby congratulates you on the successful completion of the Saratoga Youth in Government Internship and thanks you for your 25 hours of service as an intern to the City of Saratoga. The City appreciates your contributions and encourages you to remain actively engaged in your community. Internship Progr am City of Saratoga Youth in Government Howard A. Miller, Mayor 13 Certificate of Completion THIS CERTIFICATE IS AWARDED ON AUGUST 19, 2020 TO ANGELINA HONG YOUTH IN GOVERNMENT INTERNSHIP PROGRAM The City Council of the City of Saratoga hereby congratulates you on the successful completion of the Saratoga Youth in Government Internship and thanks you for your 25 hours of service as an intern to the City of Saratoga. The City appreciates your contributions and encourages you to remain actively engaged in your community. Internship Progr am City of Saratoga Youth in Government Howard A. Miller, Mayor 14 Certificate of Completion THIS CERTIFICATE IS AWARDED ON AUGUST 19, 2020 TO ANIKA RAMANATHAN YOUTH IN GOVERNMENT INTERNSHIP PROGRAM The City Council of the City of Saratoga hereby congratulates you on the successful completion of the Saratoga Youth in Government Internship and thanks you for your 25 hours of service as an intern to the City of Saratoga. The City appreciates your contributions and encourages you to remain actively engaged in your community. Internship Progr am City of Saratoga Youth in Government Howard A. Miller, Mayor 15 Certificate of Completion THIS CERTIFICATE IS AWARDED ON AUGUST 19, 2020 TO CHLOE LEE YOUTH IN GOVERNMENT INTERNSHIP PROGRAM The City Council of the City of Saratoga hereby congratulates you on the successful completion of the Saratoga Youth in Government Internship and thanks you for your 25 hours of service as an intern to the City of Saratoga. The City appreciates your contributions and encourages you to remain actively engaged in your community. Internship Progr am City of Saratoga Youth in Government Howard A. Miller, Mayor 16 Certificate of Completion THIS CERTIFICATE IS AWARDED ON AUGUST 19, 2020 TO EMILY CHOI YOUTH IN GOVERNMENT INTERNSHIP PROGRAM The City Council of the City of Saratoga hereby congratulates you on the successful completion of the Saratoga Youth in Government Internship and thanks you for your 25 hours of service as an intern to the City of Saratoga. The City appreciates your contributions and encourages you to remain actively engaged in your community. Internship Progr am City of Saratoga Youth in Government Howard A. Miller, Mayor 17 Certificate of Completion THIS CERTIFICATE IS AWARDED ON AUGUST 19, 2020 TO ESTHER LUAN YOUTH IN GOVERNMENT INTERNSHIP PROGRAM The City Council of the City of Saratoga hereby congratulates you on the successful completion of the Saratoga Youth in Government Internship and thanks you for your 25 hours of service as an intern to the City of Saratoga. The City appreciates your contributions and encourages you to remain actively engaged in your community. Internship Progr am City of Saratoga Youth in Government Howard A. Miller, Mayor 18 Certificate of Completion THIS CERTIFICATE IS AWARDED ON AUGUST 19, 2020 TO JUSTIN GUO YOUTH IN GOVERNMENT INTERNSHIP PROGRAM The City Council of the City of Saratoga hereby congratulates you on the successful completion of the Saratoga Youth in Government Internship and thanks you for your 25 hours of service as an intern to the City of Saratoga. The City appreciates your contributions and encourages you to remain actively engaged in your community. Internship Progr am City of Saratoga Youth in Government Howard A. Miller, Mayor 19 Certificate of Completion THIS CERTIFICATE IS AWARDED ON AUGUST 19, 2020 TO KARISHMA GOSWAMI YOUTH IN GOVERNMENT INTERNSHIP PROGRAM The City Council of the City of Saratoga hereby congratulates you on the successful completion of the Saratoga Youth in Government Internship and thanks you for your 25 hours of service as an intern to the City of Saratoga. The City appreciates your contributions and encourages you to remain actively engaged in your community. Internship Progr am City of Saratoga Youth in Government Howard A. Miller, Mayor 20 Certificate of Completion THIS CERTIFICATE IS AWARDED ON AUGUST 19, 2020 TO KEON NIKFAR YOUTH IN GOVERNMENT INTERNSHIP PROGRAM The City Council of the City of Saratoga hereby congratulates you on the successful completion of the Saratoga Youth in Government Internship and thanks you for your 25 hours of service as an intern to the City of Saratoga. The City appreciates your contributions and encourages you to remain actively engaged in your community. Internship Progr am City of Saratoga Youth in Government Howard A. Miller, Mayor 21 Certificate of Completion THIS CERTIFICATE IS AWARDED ON AUGUST 19, 2020 TO MEGHANA SIMHADRI YOUTH IN GOVERNMENT INTERNSHIP PROGRAM The City Council of the City of Saratoga hereby congratulates you on the successful completion of the Saratoga Youth in Government Internship and thanks you for your 25 hours of service as an intern to the City of Saratoga. The City appreciates your contributions and encourages you to remain actively engaged in your community. Internship Progr am City of Saratoga Youth in Government Howard A. Miller, Mayor 22 Certificate of Completion THIS CERTIFICATE IS AWARDED ON AUGUST 19, 2020 TO NATALIE LAGER YOUTH IN GOVERNMENT INTERNSHIP PROGRAM The City Council of the City of Saratoga hereby congratulates you on the successful completion of the Saratoga Youth in Government Internship and thanks you for your 25 hours of service as an intern to the City of Saratoga. The City appreciates your contributions and encourages you to remain actively engaged in your community. Internship Progr am City of Saratoga Youth in Government Howard A. Miller, Mayor 23 Certificate of Completion THIS CERTIFICATE IS AWARDED ON AUGUST 19, 2020 TO SAFIA PEER YOUTH IN GOVERNMENT INTERNSHIP PROGRAM The City Council of the City of Saratoga hereby congratulates you on the successful completion of the Saratoga Youth in Government Internship and thanks you for your 25 hours of service as an intern to the City of Saratoga. The City appreciates your contributions and encourages you to remain actively engaged in your community. Internship Progr am City of Saratoga Youth in Government Howard A. Miller, Mayor 24 Certificate of Completion THIS CERTIFICATE IS AWARDED ON AUGUST 19, 2020 TO SURAJ MEHROTRA YOUTH IN GOVERNMENT INTERNSHIP PROGRAM The City Council of the City of Saratoga hereby congratulates you on the successful completion of the Saratoga Youth in Government Internship and thanks you for your 25 hours of service as an intern to the City of Saratoga. The City appreciates your contributions and encourages you to remain actively engaged in your community. Internship Progr am City of Saratoga Youth in Government Howard A. Miller, Mayor 25 Certificate of Completion THIS CERTIFICATE IS AWARDED ON AUGUST 19, 2020 TO TINA ZHONG YOUTH IN GOVERNMENT INTERNSHIP PROGRAM The City Council of the City of Saratoga hereby congratulates you on the successful completion of the Saratoga Youth in Government Internship and thanks you for your 25 hours of service as an intern to the City of Saratoga. The City appreciates your contributions and encourages you to remain actively engaged in your community. Internship Progr am City of Saratoga Youth in Government Howard A. Miller, Mayor 26 Youth in Government 2020 Final City Council Presentation Students:Abhinav Patkar,Alexandre Paquier,Angad, Singh,Angelina Hong,Anika Ramanathan,Chloe Lee, Emily Choi,Esther Luan,Justin Guo,Karishma Goswami,Keon Nikfar,Meghana Simhadri,Natalie Lager,Safia Peer,Suraj Mehrotra,and Tina Zhong. 27 Esther Luan ●New perspective of community issues, which can be applied to my advocacy work ●See more sides when looking at policy in the future ●Be able to weigh the different factors that go into implementing a policy and supporting feasible ones ●Considering a career in government 28 Meghana Simhadri During this program, I learned about: -the inner-workings of local government -how essential teamwork is in government -new activities to participate in -how I can better be involved in the government and the community In the future, I hope to engage more with decision making in Saratoga and continue learning about the ways I can impact others.29 Justin Guo -This program has opened up the world of government to someone who had little knowledge of city government. Not only did I learn the different branches and parts of city government like Saratoga, I was also exposed to possible solutions to modern world problems like climate change and wage gap. I will be able to use these solutions in the future to try to create positive change and help the world. 30 Emily Choi ●How the city of Saratoga runs, including all of our facilities and partners ●Minimal-service city: many of our services are outsourced ●Making more informed decisions on utilizing my civic capacity to impact local government ●Motivated to have my voice be heard in local government ●How long and involved the process of getting an idea discussed on the board and passed ●Feedback: elongate the program 31 Angelina Hong During this course I learned -how elections work -the different departments -what it takes to be a person in a role of government. Though I personally don’t plan to go into government, the knowledge I gained will definitely help me when I want to speak out about topics I’m passionate about. This course also improved my public speaking skills which will help a ton in the future. 32 Keon Nikfar I learned a lot from this program. Many of the topics we covered during our sessions, I had no idea about prior. -I learned how a city council operates and how policies are made. -I learned of all the different roles of the city council -I was exposed to some of the jobs are and what they do. -I will consider a government job in the future 33 Chloe Lee Prior to participating in the Youth in Government program, I did not have much experience or knowledge about local governments. However, through this opportunity, I learned about how our local government runs, and the demanding work that is done behind the scenes for the best community. The program took me to step by step to give me a better understanding of our city, with detailed experiences from panelists who took time from their busy schedules, which were all very inspiring and something to look up to, considering how much work they do and what they still learn from their careers. I was able to find my interest in politics and to consider working as a part of the government in the future.34 Tina Zhong Through this program, I learned about the structure and procedures of the city council. I am also now more familiar with the different departments and programs in Saratoga. I also got a better understanding of the jobs in law enforcement, library, and more. I enjoyed working on the different assignments and learned how to better analyze situations with either the PEST or pro/con tables. I also learned how to directly impact and help the community. Overall, the program is very comprehensive and I would recommend other teenagers to participate in the future. 35 Anika Ramanathan The Youth in Government program really helped me understand how the Saratoga city government works. Before I joined this class, I had no experience in the local government, and I knew very little about the processes of creating new policies, who our community partners are, what the different departments do. The YIG program has certainly helped me learn a lot about our local government. This class gave me a much clearer picture of our city and what we as students and residents of Saratoga can do to help our community.36 Suraj Mehrotra I learned a lot in this program, but some very special things I learned and that I will probably need going forward is how council meetings are run, how everyone in the local government force works together to achieve things (mayor relies on staff, etc). I learned about lots of different volunteer opportunities and careers of people who work for government. I learned a lot about the city and how the complex systems run. This course is definitely a great resource that I would love to be a part of again. 37 Angad Singh This program was one of the most interactive programs I have been a part of. I really valued getting to meet important city members, such as councilmembers, and even the mayor! I’m sure if the program was in person, we could have experienced a lot more, though. We were able to specifically take looks at different aspects of Saratoga and what keeps it running. Being so in-depth is also what gave this program value. Having an introduction to local government will also help me as I get more and more serious about my education. 38 Karishma Goswami This program was a great experience for me, and I am so glad I got the chance to participate! I loved all of the group projects we had during the program because they gave us the chance to put the lessons we learned into practice, and they gave us a chance to meet and work with new people despite the fact that the program had to be done remotely. I also found the panels very interesting, and I liked how we got to meet different people and learn about their individual experiences working in local government. I learned a lot from the commission's how I can be more active in the city, and would love to start volunteering with some of them. 39 Safia Peer The Youth in Government program was an extremely rewarding experience for me -I learned so much about the crucial role of the government -I learned about previous government projects and all they have done to help our community -I found out about amazing new volunteering opportunities -Most importantly, I learned about different ways I can voice my opinions -I would definitely like to be a part of the government in the future! 40 Alex Paquier This program has taught me a lot about our history and government which I find to be crucial to a Saratogan’s life. I also learned the process of becoming a council member and how much they have to sacrifice for their city. This program embedded fun and learning together which makes for a very fun experience. Since my mom is an active member of the community, it’s nice to know what she does and to appreciate what she’s going through. I find it mind blowing that everyone on the council is basically a volunteer. Another awesome thing was meeting the mayor, which I thought was beneficial to our learning experience. 41 Abhinav Patkar I had an amazing time during this program and got to see and learn about many things such as: -Meet our local leaders, even our mayor! -How city council makes decisions and the process they go through -How I can make change in my community -A better understanding of our local government and national 42 Natalie Lager ●Mock city council meeting ○As mayor, I learned that I had to mostly listen to others ○Importance of public participation in government ○As staff, I learned about how Saratoga combats climate change ●Learned how to become engaged with community partners ●Considering going into government in the future 43 This concludes our presentation. Thank you! 44 SARATOGA CITY COUNCIL MEETING DATE:August 19, 2020 DEPARTMENT:City Manager’s Department PREPARED BY:Debbie Bretschneider, CMC, City Clerk SUBJECT:City Council Meeting Minutes RECOMMENDED ACTION: Approve the City Council minutes for the Regular City Council Meeting on July 1, 2020 and Special City Council Meetings for July 16, 2020 and July 23, 2020. BACKGROUND: Draft City Council minutes for each Council Meeting are taken to the City Council to be reviewed for accuracy and approval. Following City Council approval, minutes are retained for legislative history and posted on the City of Saratoga website. The draft minutes are attached to this report for Council review and approval. FOLLOW UP ACTION: Minutes will be retained for legislative history and posted on the City of Saratoga website. ATTACHMENTS: Attachment A –Minutes for the Regular City Council Meeting on July 1, 2020 Attachment B –Minutes for the Special City Council Meeting on July 16, 2020 Attachment C –Minutes for the Special City Council Meeting for July 23, 2020 45 Saratoga City Council Minutes ~ June 3, 2020 ~ Page 1 of 10 MINUTES WEDNESDAY, JULY 1, 2020 SARATOGA CITY COUNCIL REGULAR MEETING The 5:00 p.m. Commission interviews were cancelled after the applicant withdrew their application. At 5:30 p.m., the City Council held a virtual Closed Session via teleconferencing through Zoom. At 6:45 p.m., Mayor Miller reported on Closed Session, announcing that there was nothing to report. Mayor Miller called the virtual Regular Session to order at 7:03 p.m. via teleconferencing through Zoom. Prior to Roll Call, the Mayor and City Clerk explained that the City Council meeting was conducted pursuant to provisions of the Brown Act and a recent Executive Order issued by the Governor to facilitate teleconferencing to reduce the risk of COVID-19 transmission at public meetings. Ordinarily the Brown Act sets strict rules for teleconferencing. The Governor’s Executive Order has suspended those rules. The Executive Order does require that public agencies continue to notice meetings in advance and provide members of the public an opportunity to observe the meeting and offer public comment. The City Council met all of the applicable notice requirements and the public is welcome to participate in this meeting. Information on how the public can observe the meeting and provide public comment was also shared. Additionally, the Mayor explained that votes would be taken through roll call. ROLL CALL PRESENT:Mayor Howard A. Miller, Vice Mayor Mary-Lynne Bernald, Council Members Manny Cappello, Yan Zhao, Rishi Kumar (All Council Members appearing via teleconference) ABSENT:None ALSO PRESENT:James Lindsay, City Manager Richard Taylor, City Attorney Crystal Bothelio, Assistant City Manager Debbie Bretschneider, City Clerk Mary Fury, Administrative Services Director John Cherbone, Public Works Director Debbie Pedro, Community Development Director Kayla Nakamoto, Administrative Analyst Nicole Johnson, Senior Planner Kate Bear, Senior Arborist Victoria Banfield, Associate Planner Mainini Cabute, Environmental Program Manager (All staff members appearing via teleconference) 46 Saratoga City Council Minutes ~ June 3, 2020 ~ Page 2 of 10 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 June 26, 2020. REPORT ON CLOSED SESSION Mayor Miller reported on Closed Session, announcing that there was nothing to report. ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS Ana Jones spoke about racism in America. Angela Ling spoke about community outreach for the General Plan update. Lakhinda Walia requested reordering the agenda. Jeffrey Schwartz questioned the legality of refunding the Mountain Winery for costs related to the annexation process and he requested reordering the agenda. Ken Czworniak requested reordering the agenda and requested that all meetings be recorded. ANNOUNCEMENTS Mayor Miller shared information about the Governor’s updates on COVID-19, the reopening of Saratoga High School outdoor amenities , Heritage Orchard fruit harvests that have been donated to area food banks, virtual July 4th event, Nuts About Saratoga event, Chalk Full of HeArt event, Commission vacancies, Youth in Government program, and Living Room Conversations. 1.CONSENT CALENDAR 1.1. City Council Meeting Minutes Recommended Action: Approve the City Council minutes for the Regular City Council Meeting on June 17, 2020. BERNALD/ZHAO MOVED TO APPROVE THE CITY COUNCIL MINUTES FOR THE REGULAR CITY COUNCIL MEETING ON JUNE 17, 2020. MOTION PASSED BY VERBAL ROLL CALL. AYES: MILLER, BERNALD, ZHAO, CAPPELLO, KUMAR. 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: 6/17/2020 Period 12; 6/24/2020 Period 12. 47 Saratoga City Council Minutes ~ June 3, 2020 ~ Page 3 of 10 BERNALD/ZHAO MOVED TO ACCEPT CHECK REGISTERS FOR THE FOLLOWING ACCOUNTS PAYABLE PAYMENT CYCLES: 6/17/2020 PERIOD 12; 6/24/2020 PERIOD 12.MOTION PASSED BY VERBAL ROLL CALL. AYES: MILLER, BERNALD, ZHAO, CAPPELLO, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 1.3. Treasurer’s Report for the Month Ended May 31, 2020 Recommended Action: Review and accept the Treasurer’s Report for the month ended May 31, 2020. BERNALD/ZHAO MOVED TO ACCEPT THE TREASURER’S REPORT FOR THE MONTH ENDED MAY 31, 2020. MOTION PASSED BY VERBAL ROLL CALL. AYES: MILLER, BERNALD, ZHAO, CAPPELLO, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 1.4. Ordinance removing the Planned Combined (P-C) District overlay from 14434 and 14488 Oak Street Recommended Action: Waive the second reading and adopt the attached ordinance removing the Planned Combined (P-C) District overlay from the properties located at 14434 and 14488 Oak Street. ORDINANCE 369 BERNALD/ZHAO MOVED TO WAIVE THE SECOND READING AND ADOPT THE ORDINANCE REMOVING THE PLANNED COMBINED (P-C) DISTRICT OVERLAY FROM THE PROPERTIES LOCATED AT 14434 AND 14488 OAK STREET. MOTION PASSED BY VERBAL ROLL CALL. AYES: MILLER, BERNALD, ZHAO, CAPPELLO, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 1.5. Resolution Authorizing Final Disposition of Certain City Records Recommended Action: Adopt resolution authorizing final disposition of certain city records. RESOLUTION 20-045 BERNALD/ZHAO MOVED TO ADOPT RESOLUTION AUTHORIZING FINAL DISPOSITION OF CERTAIN CITY RECORDS.MOTION PASSED BY VERBAL ROLL CALL. AYES: MILLER, BERNALD, ZHAO, CAPPELLO, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 1.6. Second Reading for Ordinance Amending the Tree Regulations Recommended Action: Waive the second reading and adopt the attached ordinance amending Chapter 15 (Zoning Regulations) of the Saratoga Municipal Code amending Section 15-50.080 of the Tree Regulations to allow the removal of trees that would contribute to the increased risk and spread of wildfire. ORDINANCE 370 48 Saratoga City Council Minutes ~ June 3, 2020 ~ Page 4 of 10 BERNALD/ZHAO MOVED TO WAIVE THE SECOND READING AND ADOPT THE ORDINANCE AMENDING CHAPTER 15 (ZONING REGULATIONS) OF THE SARATOGA MUNICIPAL CODE AMENDING SECTION 15-50.080 OF THE TREE REGULATIONS TO ALLOW THE REMOVAL OF TREES THAT WOULD CONTRIBUTE TO THE INCREASED RISK AND SPREAD OF WILDFIRE. MOTION PASSED BY VERBAL ROLL CALL. AYES: MILLER, BERNALD, ZHAO, CAPPELLO, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. The Mayor made remarks about the retirement of Kate Bear, Senior Arborist. 1.7. Contract Renewal for City Surveyor Consultant Services Recommended Action: Approve a three (3) year contract renewal with Giuliani & Kull, Inc. for city surveyor consulting services and authorize the City Manager to execute the same. BERNALD/ZHAO MOVED TO APPROVE A THREE (3) YEAR CONTRACT RENEWAL WITH GIULIANI & KULL, INC. FOR CITY SURVEYOR CONSULTING SERVICES AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE SAME. MOTION PASSED BY VERBAL ROLL CALL. AYES: MILLER, BERNALD, ZHAO, CAPPELLO, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 1.8. Ordinance Amendment to Decrease Speed Limit on Saratoga Avenue Recommended Action: Waive the second reading and adopt the attached ordinance amending Saratoga Municipal Code Sections 9-30-0609 (c)(d) (Establishment of prima facie speed limits) to reduce the speed limit on Saratoga Avenue between Fruitvale Avenue and Dagmar Drive from 40 mph to 35 mph. ORDINANCE 371 BERNALD/ZHAO MOVED TO WAIVE THE SECOND READING AND ADOPT THE ORDINANCE AMENDING SARATOGA MUNICIPAL CODE SECTIONS 9- 30-0609 (C)(D) (ESTABLISHMENT OF PRIMA FACIE SPEED LIMITS) TO REDUCE THE SPEED LIMIT ON SARATOGA AVENUE BETWEEN FRUITVALE AVENUE AND DAGMAR DRIVE FROM 40 MPH TO 35 MPH.MOTION PASSED BY VERBAL ROLL CALL. AYES: MILLER, BERNALD, ZHAO, CAPPELLO, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 1.9. Motor Vehicle (MV) Resolution Rolling Hills Road Recommended Action: Adopt Motor Vehicle (MV) Resolution adopting No Parking restrictions on Rolling Hills Road at the Prospect Road intersection. MV-RESOLUTION 325 BERNALD/ZHAO MOVED TO ADOPT MOTOR VEHICLE (MV) RESOLUTION ADOPTING NO PARKING RESTRICTIONS ON ROLLING HILLS ROAD AT THE PROSPECT ROAD INTERSECTION.MOTION PASSED BY VERBAL ROLL 49 Saratoga City Council Minutes ~ June 3, 2020 ~ Page 5 of 10 CALL. AYES: MILLER, BERNALD, ZHAO, CAPPELLO, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 2.PUBLIC HEARING 2.1. Landmark Designation & Mills Act Agreement for 15320 Peach Hill Road Application No. MIL20-001 & LNDMRK20-0001 Recommended Action: The Heritage Preservation Commission (HPC) recommends that the City Council: 1. Conduct a public hearing on the proposal to designate the subject property as a historic landmark and enter into a Mills Act Agreement. 2. Introduce and waive first reading of the attached ordinance designating the property as a historic landmark. 3. Direct staff to place the ordinance on the Consent Calendar for adoption at the next regular meeting of the City Council. 4. Adopt the attached Resolution authorizing the City Manager to enter into a Mills Act Agreement for the property located at 15320 Peach Hill Road upon the effective date of the landmark ordinance. Nicole Johnson, Senior Planner, presented the staff report. Mayor Miller opened the public hearing. Mayor Miller invited public comment on the item. No one requested to speak. Mayor Miller closed the public hearing for this item. RESOLUTION 20-046 BERNALD/CAPPELLO MOVED TO WAIVE FIRST READING OF THE ORDINANCE DESIGNATING THE PROPERTY AS A HISTORIC LANDMARK, TO DIRECT STAFF TO PLACE THE ORDINANCE ON THE CONSENT CALENDAR FOR ADOPTION AT THE NEXT REGULAR MEETING OF THE CITY COUNCIL, AND ADOPT THE RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A MILLS ACT AGREEMENT FOR THE PROPERTY LOCATED AT 15320 PEACH HILL ROAD UPON THE EFFECTIVE DATE OF THE LANDMARK ORDINANCE. MOTION PASSED BY VERBAL ROLL CALL. AYES: MILLER, BERNALD, ZHAO, CAPPELLO, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 3.GENERAL BUSINESS ZHAO/KUMAR MOVED TO REORDER AGENDA ITEMS 3.7 AND 3.5 TO BEGINNING OF GENERAL BUSINESS ITEMS. MOTION PASSED BY VERBAL ROLL CALL. AYES: MILLER, BERNALD, ZHAO, CAPPELLO, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 50 Saratoga City Council Minutes ~ June 3, 2020 ~ Page 6 of 10 3.1. Community Event Grant Program Policy Amendment Recommended Action: Adopt the resolution amending the City of Saratoga’s Community Event Grant Program Policy. Kayla Nakamoto, Administrative Analyst, presented the staff report. Mayor Miller invited public comment on the item. No one requested to speak. RESOLUTION 20-047 BERNALD/CAPPELLO MOVED TO ADOPT THE RESOLUTION AMENDING THE CITY OF SARATOGA’S COMMUNITY EVENT GRANT PROGRAM POLICY WITH THE ADDITION OF CLARIFYING LANGUAGE IN THE PROGRAM REQUIREMENTS.MOTION PASSED BY VERBAL ROLL CALL. AYES: MILLER, BERNALD, ZHAO, CAPPELLO, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 3.2. 2019 Citywide Accessibility Assessment Recommended Action: 1. Receive report on the 2019 Facility Survey (citywide accessibility assessment). 2. Move to accept an amendment to extend the contract with BKF Engineers for the citywide accessibility assessment project from June 30, 2020 to December 31, 2021. John Cherbone, Public Works Director, presented the staff report. Mayor Miller invited public comment on the item. No one requested to speak. MILLER/CAPPELLO MOVED TO ACCEPT AN AMENDMENT TO EXTEND THE CONTRACT WITH BKF ENGINEERS FOR THE CITYWIDE ACCESSIBILITY ASSESSMENT PROJECT FROM JUNE 30, 2020 TO DECEMBER 31, 2021. MOTION PASSED BY VERBAL ROLL CALL. AYES: MILLER, BERNALD, ZHAO, CAPPELLO, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 3.3. Award of Contract to O’Grady Paving Inc. for the 2020 Pavement Management Program Recommended Action: 1. Move to declare O’Grady Paving Inc. to be the lowest responsible bidder on the project. 2. Move to award a Construction Contract to O’Grady Paving Inc. in the amount of $1,558,615.50, and authorize the City Manager to execute the same. 3. Move to authorize staff to execute change orders to the contract up to $327,309.26 (21%). John Cherbone, Public Works Director, presented the staff report. Mayor Miller invited public comment on the item. 51 Saratoga City Council Minutes ~ June 3, 2020 ~ Page 7 of 10 No one requested to speak. BERNALD/ZHAO MOVED TO DECLARE O’GRADY PAVING INC. TO BE THE LOWEST RESPONSIBLE BIDDER ON THE PROJECT, TO AWARD A CONSTRUCTION CONTRACT TO O’GRADY PAVING INC. IN THE AMOUNT OF $1,558,615.50, AUTHORIZE THE CITY MANAGER TO EXECUTE THE SAME, AND TO AUTHORIZE STAFF TO EXECUTE CHANGE ORDERS TO THE CONTRACT UP TO $327,309.26 (21%). MOTION PASSED BY VERBAL ROLL CALL. AYES: MILLER, BERNALD, ZHAO, CAPPELLO, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 3.4. Urgency Ordinance Authorizing Special Event Permits for Restaurants to Provide Temporary Outdoor Dining on City-Owned Parking Lots Recommended Action: Adopt the attached Urgency Ordinance to allow Special Event Permits for temporary outdoor dining in the Village Parking District parking lots and to waive the Special Event Permit fees. Debbie Pedro, Community Development Director, presented the staff report. Mayor Miller invited public comment on the item. No one requested to speak. ORDINANCE 372 CAPPELLO/BERNALD MOVED TO ADOPT THE URGENCY ORDINANCE TO ALLOW SPECIAL EVENT PERMITS FOR TEMPORARY OUTDOOR DINING IN THE VILLAGE PARKING DISTRICT PARKING LOTS AND TO WAIVE THE SPECIAL EVENT PERMIT FEES. MOTION PASSED BY VERBAL ROLL CALL. AYES: MILLER, BERNALD, ZHAO, CAPPELLO, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 3.5. City Council Positions on Proposed Legislation Recommended Action: Consider approving the resolutions in support of Senate Bill 795, in opposition to Senate Bill 902, and in opposition to Senate Bill 1120. Crystal Bothelio, Assistant City Manager, presented the staff report. Mayor Miller invited public comment on the item. The following people requested to speak: Ken Czworniak spoke Julianne Michaels spoke No one else requested to speak. 52 Saratoga City Council Minutes ~ June 3, 2020 ~ Page 8 of 10 RESOLUTION 20-048 RESOLUTION 20-049 RESOLUTION 20-050 CAPPELLO/BERNALD MOVED TO APPROVE THE RESOLUTIONS IN SUPPORT OF SENATE BILL 795, IN OPPOSITION TO SENATE BILL 902, AND IN OPPOSITION TO SENATE BILL 1120 AND TO ASK STAFF FOR A CITY WEBSITE PAGE WITH INFORMATION ABOUT STATE LEGISLATORS. MOTION PASSED BY VERBAL ROLL CALL. AYES: MILLER, BERNALD, ZHAO, CAPPELLO, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 3.6. COVID-19 Local Emergency Proclamation Termination Recommended Action: Approve the resolution proclaiming the termination of the local emergency due to the spread of novel coronavirus (COVID-19). Crystal Bothelio, Assistant City Manager, presented the staff report. Mayor Miller invited public comment on the item. No one requested to speak. RESOLUTION 20-051 BERNALD/ZHAO MOVED TO APPROVE THE RESOLUTION PROCLAIMING THE TERMINATION OF THE LOCAL EMERGENCY DUE TO THE SPREAD OF NOVEL CORONAVIRUS (COVID-19). MOTION PASSED BY VERBAL ROLL CALL. AYES: MILLER, BERNALD, ZHAO, CAPPELLO, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 3.7. Ballot Measure to Adopt Term Limits for Saratoga City Council Members and Resolution Regarding Voluntary Compliance with the Term Limits Described in the 1992 City of Saratoga Term Limits Advisory Measure Recommended Action: Based on direction provided at the June 17, 2020 Council meeting staff recommends that the City Council: 1. Adopt the attached resolution placing a measure on the November 2020 ballot providing for term limits for Council Members including: a. The specific terms of that measure; b. The ballot question; c. Directing that the full text of the measure appear in the voter pamphlet together with an impartial analysis by the City Attorney; d. Authorizing specified Council members to file arguments for and against the proposed measure; and e. Declaring that rebuttal arguments are not authorized. 2. Adopt the attached resolution regarding voluntary compliance with the term limits described in the 1992 City of Saratoga term limits advisory measure. Richard Taylor, City Attorney, presented the staff report. 53 Saratoga City Council Minutes ~ June 3, 2020 ~ Page 9 of 10 Mayor Miller invited public comment on the item. The following people requested to speak: Jeffrey Schwartz spoke Lakhinder Walia spoke Angela Ling spoke Ken Czworniak spoke Julianne Michaels spoke No one else requested to speak. RESOLUTION 20-052 BERNALD/CAPPELLO MOVED TO ADOPT THE RESOLUTION REGARDING VOLUNTARY COMPLIANCE WITH THE TERM LIMITS DESCRIBED IN THE 1992 CITY OF SARATOGA TERM LIMITS ADVISORY MEASURE. MOTION PASSED BY VERBAL ROLL CALL. AYES: MILLER, BERNALD, ZHAO, CAPPELLO. NOES: KUMAR. ABSTAIN: NONE. ABSENT: NONE. BERNALD MOVED TO PLACE NO MEASURE ON TERM LIMITS ON THE BALLOT. Motion failed due to lack of a second. KUMAR/ZHAO MOVED TO PLACE A PROPOSED MEASURE ON THE BALLOT WITH A 2-TERM LIMIT AND LIFETIME TERM LIMIT OF EIGHT YEARS. MOTION FAILED BY VERBAL ROLL CALL. AYES: ZHAO, KUMAR. NOES: MILLER, BERNALD, CAPPELLO. ABSTAIN: NONE. ABSENT: NONE. CAPPELLO/MILLER MOVED TO PLACE A PROPOSED MEASURE ON THE NOVEMBER 2020 BALLOT PROVIDING FOR TERM LIMITS FOR COUNCIL MEMBERS AS DESCRIBED IN THE 1992 CITY OF SARATOGA TERM LIMITS ADVISORY MEASURE.MOTION FAILED BY VERBAL ROLL CALL. AYES: MILLER, CAPPELLO. NOES: BERNALD, ZHAO, KUMAR. ABSTAIN: NONE. ABSENT: NONE. Mayor Miller called for a break at 9:38 p.m. and reconvened the meeting at 9:45 pm. COUNCIL ASSIGNMENTS Mayor Howard Miller Silicon Valley Clean Energy Authority Board of Directors – SMART has named SVCE as a finalist as one of top clean energy programs in the nation. The Directors also approved contracts for a new geothermal project and approved sending out a request for information for long-term storage of power. 54 Saratoga City Council Minutes ~ June 3, 2020 ~ Page 10 of 10 VTA – BART in San Jose is open. Vice Mayor Mary-Lynne Bernald Hakone Foundation Board & Executive Committee – a meeting was held, but there is no report. Public Art Committee – the theme for July’s “Chalk Full of HeArt” is red, white and blue. Council Member Yan Zhao Hakone Foundation Board – the Board approved the Fiscal Year 2020/2021 budget, voted to send a supporting letter on Black Lives Matter, and received an update on online gift shop. Public Art Committee – the Committee will have a discussion with Villa Montalvo on a gateway sculpture project, also approved the budget, and received updates on existing projects. Council Member Manny Cappello Cities Association of Santa Clara County Board of Directors – the Board had a meeting and discussed the Santa Clara/Santa Cruz Airport/Community Roundtable. Saratoga Ministerial Association – the meeting included discussion on social issues and bringing back Living Room conversations. Council Member Rishi Kumar Santa Clara County Library Joint Powers Authority – at the JPA meeting, the Fiscal Year 2020/2021 budget was approved and received audit reports. CITY COUNCIL ITEMS None COUNCIL COMMUNICATIONS Council Member Cappello announced his resignation from the Saratoga City Council effective today. Mayor Miller gave direction to staff to fill Manny Cappello’s Council Assignments with the Alternates and to bring back to Council a report on filling Council vacancies. CITY MANAGER'S REPORT None ADJOURNMENT CAPPRLLO/ZHAO MOVED TO ADJOURN THE MEETING AT 11:08 P.M.MOTION PASSED BY VERBAL ROLL CALL. AYES: MILLER, BERNALD, ZHAO, CAPPELLO, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. Minutes respectfully submitted: Debbie Bretschneider, City Clerk City of Saratoga 55 Saratoga City Council Minutes ~ July 16, 2020 ~ Page 1 of 2 MINUTES WEDNESDAY, JULY 16, 2020 SARATOGA CITY COUNCIL SPECIAL MEETING Mayor Miller called the virtual Special Meeting to order at 6:02 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. REPORT ON POSTING OF THE AGENDA City Clerk Debbie Bretschneider reported that the agenda for this meeting was properly posted on July 9, 2020. ROLL CALL PRESENT:Mayor Howard A. Miller, Vice Mayor Mary-Lynne Bernald, Council Members Yan Zhao, Rishi Kumar. (All Council members appearing via teleconference.) ABSENT:None ALSO PRESENT:James Lindsay, City Manager Richard Taylor, City Attorney Crystal Bothelio, Assistant City Manager Debbie Bretschneider, City Clerk Mary Furey, Finance & Administrative Services Director (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. AGENDA ITEMS City Council Vacancy Recommended Action: In response to the vacancy on the City Council, staff recommends that the City Council adopt the attached resolution providing that the seat be filled at the November 3, 2020 election. Alternatively, the City Council could appoint a registered Saratoga voter to fill the 56 Saratoga City Council Minutes ~ July 16, 2020 ~ Page 2 of 2 vacant seat for the remainder of the term or provide direction to staff on the process for appointment. Richard Taylor, City Attorney, presented the staff report. Mayor Miller invited public comment on the item. The following people requested to speak: Mohini Balakrishnan spoke Lakhinder Walia spoke JoAnne Birmingham spoke Nancy Lietzke spoke No one else requested to speak. RESOLUTION 20-054 KUMAR/MILLER MOVED TO ADOPT THE RESOLUTION PROVIDING THE VACANT COUNCIL SEAT TO BE FILLED AT THE NOVEMBER 3, 2020 GENERAL ELECTION. MOTION PASSED BY VERBAL ROLL CALL. AYES: MILLER, BERNALD, ZHAO, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. ADJOURNMENT BERNALD/ZHAO MOVED TO ADJOURN THE SPECIAL MEETING AT 6:21 P.M. MOTION PASSED BY VERBAL ROLL CALL. AYES: MILLER, BERNALD, ZHAO, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 57 Saratoga City Council Minutes ~ July 23, 2020 ~ Page 1 of 2 MINUTES WEDNESDAY, JULY 23, 2020 SARATOGA CITY COUNCIL SPECIAL MEETING Mayor Miller called the virtual Special Meeting to order at 6:02 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. REPORT ON POSTING OF THE AGENDA City Clerk Debbie Bretschneider reported that the agenda for this meeting was properly posted on July 22, 2020. ROLL CALL PRESENT:Mayor Howard A. Miller, Vice Mayor Mary-Lynne Bernald, Council Members Yan Zhao, Rishi Kumar. (All Council members appearing via teleconference.) ABSENT:None ALSO PRESENT:James Lindsay, City Manager Richard Taylor, City Attorney Crystal Bothelio, Assistant City Manager Debbie Bretschneider, City Clerk Mary Furey, Finance & Administrative Services Director John Cherbone, Public Works Director Debbie Pedro, Community Development Director Macedonio Nunez, Senior Civil Engineer (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. AGENDA ITEMS Saratoga Village Parklets Recommended Action: Authorize City Manager to purchase the material and labor for the installation of parklets in Saratoga Village in the amount of $95,000. 58 Saratoga City Council Minutes ~ July 23, 2020 ~ Page 2 of 2 John Cherbone, Public Works Director, and Macedonio Nunez, Senior Civil Engineer, presented the staff report. Mayor Miller invited public comment on the item. The following people requested to speak: Erin Delacroix spoke Chuck Page spoke Angelo Heropoulos spoke Gary Smith spoke Patrick Rupert spoke Edwin Arevalo spoke Ketan Jashapara spoke Petra Jakobskrueger spoke No one else requested to speak. ZHAO/BERNALD MOVED TO AUTHORIZE THE CITY MANAGER TO PURCHASE THE MATERIAL AND LABOR FOR THE INSTALLATION OF PARKLETS IN SARATOGA VILLAGE IN THE AMOUNT OF $95,000 FROM THE FOLLOWING FUNDING SOURCES: COUNCIL DISCRETIONARY $25,000, STREET CLOSURE GRANT $35,000, CARES ACT FUNDING $35,000; AND TO DIRECT STAFF TO MONITOR DISTANCING OF TABLES IN PARKLETS AND NOTIFY VILLAGE RESTAURANTS OF THE PARKLET PROGRAM. MOTION PASSED BY VERBAL ROLL CALL. AYES: MILLER, BERNALD, ZHAO, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. ADJOURNMENT BERNALD/ZHAO MOVED TO ADJOURN THE SPECIAL MEETING AT 7:01 P.M. MOTION PASSED BY VERBAL ROLL CALL. AYES: MILLER, BERNALD, ZHAO, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 59 Evangeline Bundang, Accounting Technician SUBJECT: Review of Accounts Payable Check Registers RECOMMENDED ACTION: Review and accept check registers for the following accounts payable payment cycles: 7/29/2020 Period 13; 7/29/2020 Period 1; 8/5/2020 Period 13; 8/5/2020 Period 2; 8/12/2020 Period 13; 8/12/2020 Period 2. BACKGROUND: The information listed below provides detail for City check runs. Checks issued for $20,000 or greater are listed separately as well as any checks that were voided during the time period. Fund information, by check run, is also provided in this report. REPORT SUMMARY: Attached are Check Registers for: Date Ending Check # 6/30/2020 141261 141297 37 402,822.24 6/30/2020 6/24/2020 141260 7/8/2020 141298 141337 40 457,801.69 7/8/2020 6/30/2020 141297 7/8/2020 141338 141352 15 12,386.54 7/8/2020 7/8/2020 141337 7/15/2020 141353 141394 42 305,704.72 7/15/2020 7/8/2020 141352 7/15/2020 141395 141414 20 50,635.42 7/15/2020 7/15/2020 141394 7/22/2020 141415 141451 37 156,491.55 7/22/2020 7/15/2020 141414 7/22/2020 141452 141489 38 578,593.95 7/22/2020 7/22/2020 141451 7/29/2020 141490 141505 16 115,196.00 7/29/2020 7/22/2020 141489 7/29/2020 141506 141526 21 571,796.79 7/29/2020 7/29/2020 141505 8/5/2020 141527 141536 10 92,238.59 8/5/2020 7/29/2020 141526 8/5/2020 141537 141568 32 139,605.13 8/5/2020 8/5/2020 141536 8/12/2020 141569 141581 13 150,434.23 8/12/2020 8/5/2020 141568 8/12/2020 141582 141606 25 909,667.95 8/12/2020 8/12/2020 141581 Accounts Payable checks issued for $20,000 or greater: Date Check # Dept. Amount 6/30/2020 141271 Fine Steel Products, Inc. CIP Facility Projects PW Senior Center Entryway Project 52,100.00 6/30/2020 141287 Shute Mihaly & Weingberger LLC General Various Attorney Services 64,635.34 6/30/2020 141291 Specified Play Equipment CIP Parks Projects PW Wildwood Playground Equip. 24,883.40 6/30/2020 141296 Wattis Construction, Co. CIP Grant - Street Repair PW Village Sidewalk Rehab 140,638.36 7/8/2020 141312 Mountain Bikers of Santa Cruz CIP Parks/Grant Project PW Saratoga-Sanborn Trail 199,756.50 7/8/2020 141321 Portschy's Metal Design CIP Parks/Grant Project PW Saratoga-Sanborn Trail 42,746.73 7/8/2020 141323 San Jose Water Company Various PW Water Services 30,137.47 7/8/2020 141331 Villalobos & Associates CIP Facility/Streets Projects PW Senior Center Entryway Project 84,999.00 7/8/2020 141333 Vista Landscape & Maintenance Various PW Landscape Services 28,249.00 7/15/2020 141364 Ekim Painting - North, Inc Building Maintenance CDD Courtyard Cedar Wall 22,500.00 7/15/2020 141368 H.T. Harvey & Associates CIP Streets/Parks Projects PW Saratoga-Sanborn Trail 21,300.46 7/15/2020 141383 Shute Mihaly & Weingberger LLC General Various Attorney Services 37,773.46 7/15/2020 141388 Trafficware Group, Inc. CIP Streets/Gas Tax PW Traffic Adaptive System 125,000.00 7/22/2020 141421 Dudek General CDD Palm Villas 34,592.50 7/22/2020 141457 Comp Shared Risk Pool Workers Comp ASD Workers Comp Premium 43,971.25 7/22/2020 141469 Jerome Ito General CDD Bond Refund 24,893.64 7/22/2020 141473 Joseph Yeh General CDD Bond Refund 23,036.11 7/22/2020 141480 Plan JPA Liability/Risk Mgmt ASD Liability Insurance 360,859.00 7/22/2020 141489 Xi-Hua Luo General CDD Deposit Refund 25,515.00 7/29/2020 141495 City of Campbell WVCWP WVCWP Property Assessment Surplus 40,461.62 7/29/2020 141504 Town of Los Gatos WVCWP WVCWP Property Assessment Surplus 29,527.57 Accounts Payable Fund Purpose Issued to Accounts Payable Prior Check Register Checks ReleasedTotal Checks Amount SARATOGA CITY COUNCIL MEETING DATE:August 19, 2020 DEPARTMENT:Finance & Administrative Services 6/30/2020 Period 12; 7/8/2020 Period 13; 7/8/2020 Period 1; 7/15/2020 Period 13; 7/15/2020 Period 1; 7/22/2020 Period 13; 7/22/2020 Period 1; PREPARED BY: Ending Check # Accounts Payable Starting Check # Accounts Payable Type of Checks Date Accounts Payable Accounts Payable Accounts Payable Accounts Payable Accounts Payable Accounts Payable Accounts Payable Accounts Payable Accounts Payable 60 7/29/2020 141505 Vista Landscape & Maintenance CIP Parks Projects PW Trail Landscape Work 29,630.00 7/29/2020 141519 SCO Office of the Sheriff General PS Law Enforcement July 2020 534,079.83 8/5/2020 141527 Bear Electrical Solutions CIP Streets Projects PW Streetlight Repairs 25,526.00 8/5/2020 141566 Villalobos & Associates CIP Streets Projects PW Big Basin Way Repairs 35,667.00 8/12/2020 141577 Shute Mihaly & Weingberger LLC General Various Attorney Services 55,845.82 8/12/2020 141578 Trafficware Group, Inc. Gas Tax PW Traffic Adaptive System 27,592.27 8/12/2020 141587 ClearGov General ASD Budget Software Subscription 24,850.00 8/12/2020 141590 James Bailey General CDD Deposit Refunt 48,831.25 8/12/2020 141595 Mountain Bikers of Santa Cruz CIP Parks/Grant Project PW Saratoga-Sanborn Trail 232,380.40 8/12/2020 141597 SCO Office of the Sheriff General PS Law Enforcement August 2020 534,079.83 Accounts Payable checks voided during this time period: AP Date Check # Amount N/A ATTACHMENTS: Check Registers in the 'A/P Checks By Period and Year' report format StatusReason Issued to 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 SARATOGA CITY COUNCIL MEETING DATE: August 19, 2020 DEPARTMENT: Finance & Administrative Services PREPARED BY: Ann Xu, Accountant SUBJECT: Treasurer’s Report for the Month Ended June 30, 2020 RECOMMENDED ACTION: Review and accept the Treasurer’s Report for the month ended June 30, 2020. BACKGROUND: California government code section 41004 requires that the City Treasurer submit to the City Clerk and the legislative body a written report and accounting of all receipts, disbursements, and fund balances. The Municipal Code of the City of Saratoga, Article 2-20, Section 2-20.035 designates the City Manager as the City Treasurer. This report is prepared to fulfill this requirement. The following attachments provide various financial transaction data for the City of Saratoga’s Funds collectively as well as specifically for the City’s General (Operating) Fund, including an attachment from the State Treasurer’s Office of Quarterly LAIF rates from the 1st Quarter of 1977 to present. FISCAL STATEMENT: Cash and Investments Balance by Fund As of June 30, 2020, the City had $345,010 in cash deposit at Comerica bank, and $28,651,893 on deposit with LAIF. The City Council’s adopted policy on the Working Capital Reserve Fund states that effective July 1, 2019: for cash flow purposes and to avoid occurrence of dry period financing, pooled cash from all funds should not be allowed to fall below $1,000,000. The total pooled cash balance as of June 30, 2020 is $28,996,906 and exceeds the minimum limit required. City’s Current Financial Position In accordance with California government code section 53646 (b) (3), the City is financially well positioned and able to meet its expenditure requirements for the next six months. As of June 30, 2020, the City’s financial position (Assets $30.6M, Liabilities $5.1M and Fund Equity $25.5M) remains very strong and there are no issues in meeting financial obligations now or in the foreseeable future. Unrestricted Cash Comerica Bank 345,010$ Deposit with LAIF 28,651,893$ Total Unrestricted Cash 28,996,903$ Cash Summary 109 The following Fund Balance schedule represents actual funding available for all funds at the end of the monthly period. This amount differs from the above Cash Summary schedule as assets and liabilities are components of the fund balance. As illustrated in the summary below, Total Unrestricted Cash is adjusted by the addition of Total Assets less the amount of Total Liabilities to arrive at the Ending Fund Balance – which represents the actual amount of funds available. Fund Balance Designations In accordance with Governmental Accounting Standards Board (GASB) Statement No. 54, Fund Balance Reporting and Governmental Fund Type Definitions, the components of fund balance are categorized as follows: “non-spendable fund balance”, resources that are inherently non-spendable from the vantage point of the current period; “restricted fund balance”, resources that are subject to enforceable legal restrictions; “committed fund balance”, resources whose use is constrained by limitations the government imposes upon itself through formal action at its highest level of decision making and remains binding unless removed in the same manner; “assigned fund balance”, resources that reflects a government’s intended use of resources, such intent would have to be established at either the highest level of decision making, by a body, or an official designated for that purpose; and “unassigned fund balance”, net resources in excess of what can properly be classified in one of the other four categories. Currently, the City’s fund balance reserves fall into one of the four spendable categories; restricted, committed, assigned, or unassigned fund balance. ATTACHMENTS A – Change in Total Fund Balances by Fund under GASB 54 B – Change in Total Fund Balances by CIP Project C – Change in Cash Balance by Month D – Local Agency Investment Fund (LAIF) Quarterly Apportionment Rates Total Unrestricted Cash 28,996,903$ Plus: Assets 1,559,810 Less: Liabilities (5,052,953) Ending Fund Balance 25,503,760$ Adjusting Cash to Ending Fund Balance 110 ATTACHMENT A CHANGES IN TOTAL FUND BALANCE UNDER GASB 54 include budgeted transfers. These figures will be updated for future reports once the FY 2017/18 independent audit is Fund Description Prior Year Carryforward 7/1/2019 Increase/ (Decrease) Jul-May Current Revenue Current Expenditure Transfer In Transfer Out Fund Balance 6/30/2020 General Fund Restricted Fund Balances: Environmental Services Reserve 163,182 - - - - - 163,182 Committed Fund Balances: Hillside Stability Reserve 1,000,000 - - - - 500,000 500,000 Assigned Fund Balances: Future Capital Replacement & Efficiency Project Reserve 2,651,287 - - - - 2,620,000 31,287 Carryforwards Reserve 47,647 - - - - - 47,647 Facility Reserve 2,700,000 - - - - - 2,700,000 Unassigned Fund Balances: Working Capital Reserve 1,000,000 - - - - - 1,000,000 Fiscal Stabilization Reserve 3,150,000 - - - - - 3,150,000 Compensated Absences Reserve 249,620 - - - - - 249,620 Other Unassigned Fund Balance Reserve (Pre YE distribution)3,717,849 1,470,420 2,703,269 2,121,303 - 385,000 5,385,235 General Fund Total 14,679,585 1,470,420 2,703,269 2,121,303 - 3,505,000 13,226,972 Special Revenue Landscape/Lighting Districts 1,621,946 67,718 246,017 85,836 - - 1,849,845 Debt Service Library Bond 932,880 (435,822) 291,187 - - - 788,245 Arrowhead Bond 280,735 (52,630) 70,504 1,000 - - 297,610 Debt Service 1,213,615 (488,452) 361,691 1,000 - - 1,085,855 Internal Service Fund Liability/Risk Management 579,283 (22,694) 2,323 16,913 - - 541,999 W orkers Compensation 274,917 (18,966) 2,079 5,766 - - 252,263 Office Support Fund 120,378 15,844 834 1,263 - - 135,794 Information Technology Services 391,824 36,795 735 44,758 - - 384,597 Vehicle & Equipment Maintenance 266,099 57,809 - 22,753 - - 301,155 Building Maintenance 562,504 182,403 1,633 124,635 - - 621,905 Vehicle & Equipment Replacement 476,586 141,606 - 81,884 - - 536,308 Technology Replacement 489,683 117,148 - 3,789 - - 603,042 Facility FFE Replacement 379,556 149,561 - 485 - - 528,632 Internal Service Fund Total 3,540,830 659,507 7,603 302,246 - - 3,905,695 Trust/Agency WVCWP Agency Fund 500,552 (79,185) 253,664 101,533 - - 573,498 Arrowhead Project Fund 408,605 - - - - - 408,605 Trust/Agency Fund Total 909,157 (79,185) 253,664 101,533 - - 982,103 Capital Project Street Projects 1,837,863 (1,005,326) 63,962 184,104 1,650,000 125,000 2,237,394 Park and Trail Projects 441,144 (473,814) - 326,056 1,495,000 - 1,136,273 Facility Projects 694,065 (555,386) - 132,474 410,000 - 416,204 Administrative Projects 510,728 (252,485) 103,392 (45,327) 75,000 - 481,962 Tree Fund Projects 74,569 (4,399) 125 547 - - 69,747 Park In-Lieu Projects 229,701 (24,111) - - - - 205,590 CIP Grant Street Projects (908,976) 844,112 177,708 262,510 - - (149,667) CIP Grant Park & Trail Projects 65,341 (139,498) 276,244 223,320 - - (21,234) CIP Grant Administrative Projects - (92,998) - 234 - - (93,232) Gas Tax Fund Projects 307,618 (231,752) 152,980 58,599 - - 170,247 CIP Fund Total 3,252,052 (1,935,658) 774,411 1,142,518 3,630,000 125,000 4,453,285 Total City 25,217,186 (384,835) 4,600,319 3,855,969 3,630,000 3,630,000 25,503,760 111 completed. ATTACHMENT B FUND BALANCES BY CIP PROJECT include budgeted transfers. These figures will be updated for future reports once CIP Funds/Projects Prior Year Carryforward 7/1/2019 Increase/ (Decrease) Jul-May Current Revenue Current Expenditure Transfer In Transfer Out Fund Balance 6/30/2020 Street Projects Annual Road Improvements (153,490) 390,968 63,962 50,376 - - 251,063 Roadway Safety & Traffic Calming 35 (44,154) - - 75,000 - 30,882 Prospect/Saratoga Median Improvement 684,926 (588,542) - 9,981 - 35,000 51,402 Citywide Signal Upgrade Project Phase II - - - - 100,000 90,000 10,000 Fruitvale/Allendale Improvement 250,000 (30,156) - 27,455 125,000 - 317,389 Annual Infrastructure Maintenance& Repair 37,978 (287,978) - - 250,000 - - McFarland Avenue Curb and Gutter Replacement - - - 824 350,000 - 349,176 Village Sidewalk, Curb & Gutter - Phase II Construction 15,530 8,000 - 14,300 50,000 - 59,230 EL Camino Grande Storm Drain Pump 372,734 (327,597) - 26,039 - - 19,098 Saratoga Village Crosswalk & Sidewalk Rehabilitation 44,000 - - - - - 44,000 Quito Road Sidewalk Improvements 43,370 - - - - - 43,370 Saratoga/Sunnyvale Road Sidewalk - 92,158 - - - - 92,158 Fourth Street Bridge Widening 99,837 - - - - - 99,837 Quito Road Bridge Replacement 119,063 (56) - - - - 119,007 Quito Road Bridge - ROW Acquisition 32,237 (378) - 933 - - 30,925 Annual Retaining Wall Maintenance & Repairs 192,899 (217,591) - 54,195 200,000 - 121,113 Mt. Eden Erosion Repair - - - - 175,000 - 175,000 Continental Circle Landslide Stabilization - - - - 325,000 - 325,000 Underground Project 98,744 - - - - - 98,744 Total Street Projects 1,837,863 (1,005,326) 63,962 184,104 1,650,000 125,000 2,237,394 Parks & Trails Projects Park/Trail Repairs 60,571 (76,401) - 68,383 100,000 - 15,787 Park & Trail Safety Improvement - (9,950) - 29,630 40,000 - 420 Hakone Gardens Infrastructure Improvements 38,848 (23,289) - - - - 15,560 Guava/Fredericksburg Entrance 45,521 (9,824) - 5,436 50,000 - 80,262 Saratoga Village to Quarry Park Walkway - Design 31,584 (2,595) - - 175,000 - 203,989 Saratoga to Sea Trail - Construction 264,619 (351,756) - 222,607 1,130,000 - 820,256 Total Parks & Trails Projects 441,144 (473,814) - 326,056 1,495,000 - 1,136,273 Facility Projects CDD/PW Lobby Remodel 137,363 (172,332) - 12,013 165,000 - 118,018 Civic Theater Improvements 95,667 13,508 - - - - 109,175 Bocce Ball Court 258,450 (258,450) - - - - - Preschool Turf Conversion - (19,250) - - 25,000 - 5,750 Senior Center Entrance Remodel 197,585 (69,244) - 120,461 35,000 - 42,881 Community Center Improvement - (54,620) - - 185,000 - 130,380 Library Building Exterior Maintenance 5,000 5,000 - - - - 10,000 Total Facility Projects 694,065 (555,386) - 132,474 410,000 - 416,204 Administrative and Technology Projects City Website/Intranet 16,948 - - - - - 16,948 Development Technology 88,556 6,406 3,392 - - - 98,354 Trak-It Upgrade - 360 - - - - 360 LLD Initiation Match Program 25,000 - - - - - 25,000 Horseshoe Beautification 21,950 (2,250) - 450 - - 19,250 Citywide Accessibility Assessment 100,364 (40,996) - 3,403 - 55,965 City Art Program - (18,831) - - 25,000 - 6,169 General Plan Update 219,019 (197,174) 100,000 (49,180) - - 171,024 Risk Management Project Funding 38,891 - - - 50,000 - 88,891 Total Administrative and Technology Projects 510,728 (252,485) 103,392 (45,327) 75,000 - 481,962 112 ATTACHMENT B (Cont.) FUND BALANCES BY CIP PROJECT *Fund balance overdrawn due to authorized spending of anticipated revenues. CIP Funds/Projects Prior Year Carryforward 7/1/2019 Increase/ (Decrease) Jul-May Current Revenue Current Expenditure Transfer In Transfer Out Fund Balance 6/30/2020 Tree Fund Projects Citywide Tree Planting Program 50,444 (4,399) - 547 - - 45,497 Tree Dedication Program 24,125 - 125 - - - 24,250 Total Tree Fund Projects 74,569 (4,399) 125 547 - - 69,747 CIP Grant Street Projects Prospect/Saratoga Median Improvement (908,392) 867,392 - - - - (41,000) * Citywide Signal Upgrade II (76,435) (10,206) - 123,997 - - (210,638) * Saratoga Ave Sidewalk 50,261 (15,670) 139,633 - - - 174,224 Village Sidewalk, Curb & Gutter - Phase II Construction 1,834 - 38,075 - - - 39,909 Big Basin Way Sidewalk Repairs - - - 131,311 - - (131,311) * Saratoga Village Crosswalk & Sidewalk Rehabilitation 3,141 228 - - - - 3,368 4th Street Bridge 1,704 1,151 - - - - 2,855 Quito Bridge Replacement 19,029 (434) - - - - 18,595 Quito Road Bridges - ROW Acquisition (118) 1,651 - 7,203 - - (5,670) * Total CIP Grant Street Projects (908,976) 844,112 177,708 262,510 - - (149,667) CIP Grant Park & Trail Projects Saratoga to the Sea Trail - Design 65,341 (139,498) 276,244 223,320 - - (21,234) * Total CIP Grant Park & Trail Projects 65,341 (139,498) 276,244 223,320 - - (21,234) CIP Grant Administrative Projects CDD SOFTWARE/ADA - (92,998) - 234 - - (93,232) * Total CIP Grant Administrative Projects - (92,998) - 234 - - (93,232) Park In-Lieu Projects Park & Trail Safety Improvement 44 - - - - - 44 Quito/Pollard Open Space 20,454 (18,616) - - - - 1,838 Hakone Gardens Infrastructure 120,000 (5,495) - - - - 114,505 Saratoga Village to Quarry Park Walkway - Design 73,811 - - - - - 73,811 Unallocated Park In-Lieu Funds 15,392 - - - - - 15,392 Total Park In-Lieu Projects 229,701 (24,111) - - - - 205,590 Gas Tax Fund Projects Annual Roadway Improvements 34,229 (136,268) 152,980 4,762 - - 46,179 Prospect/Saratoga Median Improvements 145,555 (95,484) - 1,794 - - 48,278 Citywide Signal Upgrade II 99,759 - - 35,030 - - 64,728 Big Basin Way Sidewalk Repairs 20,990 - - 17,013 - - 3,977 Quito Road Bridges 7,085 - - - - - 7,085 Total Gas Tax Fund Projects 307,618 (231,752) 152,980 58,599 - - 170,247 Total CIP Funds 3,252,052 (1,935,658) 774,411 1,142,518 3,630,000 125,000 4,453,285 113 ATTACHMENT C CHANGE IN CASH BALANCE BY MONTH 114 ATTACHMENT D March June September December 1977 5.68 5.78 5.84 6.45 1978 6.97 7.35 7.86 8.32 1979 8.81 9.10 9.26 10.06 1980 11.11 11.54 10.01 10.47 1981 11.23 11.68 12.40 11.91 1982 11.82 11.99 11.74 10.71 1983 9.87 9.64 10.04 10.18 1984 10.32 10.88 11.53 11.41 1985 10.32 9.98 9.54 9.43 1986 9.09 8.39 7.81 7.48 1987 7.24 7.21 7.54 7.97 1988 8.01 7.87 8.20 8.45 1989 8.76 9.13 8.87 8.68 1990 8.52 8.50 8.39 8.27 1991 7.97 7.38 7.00 6.52 1992 5.87 5.45 4.97 4.67 1993 4.64 4.51 4.44 4.36 1994 4.25 4.45 4.96 5.37 1995 5.76 5.98 5.89 5.76 1996 5.62 5.52 5.57 5.58 1997 5.56 5.63 5.68 5.71 1998 5.70 5.66 5.64 5.46 1999 5.19 5.08 5.21 5.49 2000 5.80 6.18 6.47 6.52 2001 6.16 5.32 4.47 3.52 2002 2.96 2.75 2.63 2.31 2003 1.98 1.77 1.63 1.56 2004 1.47 1.44 1.67 2.00 2005 2.38 2.85 3.18 3.63 2006 4.03 4.53 4.93 5.11 2007 5.17 5.23 5.24 4.96 2008 4.18 3.11 2.77 2.54 2009 1.91 1.51 0.90 0.60 2010 0.56 0.56 0.51 0.46 2011 0.51 0.48 0.38 0.38 2012 0.38 0.36 0.35 0.32 2013 0.28 0.24 0.26 0.26 2014 0.24 0.22 0.24 0.25 2015 0.26 0.28 0.32 0.37 2016 0.46 0.55 0.60 0.68 2017 0.78 0.92 1.07 1.20 2018 1.51 1.90 2.16 2.40 2019 2.55 2.57 2.45 2.29 2020 2.03 1.47 Quarterly Apportionment Rates Local Agency Investment Fund 115 SARATOGA CITY COUNCIL MEETING DATE:August 19, 2020 DEPARTMENT:Community Development Department PREPARED BY:Nicole Johnson, Senior Planner SUBJECT:Landmark Designation for 15320 Peach Hill Road – Application No. LNDMRK20-0001 RECOMMENDED ACTION: Waive the second reading and adopt the attached ordinance designating the property at 15320 Peach Hill Road as a historic landmark. BACKGROUND: On July 1, 2020 the City Council introduced an ordinance designating the property as a historic landmark and directed staff to place the ordinance on the Consent Calendar for adoption at the next regular meeting of the City Council. ADVERTISING, NOTICING AND PUBLIC CONTACT: This ordinance or a comprehensive summary thereof shall be published in a newspaper of general circulation of the City of Saratoga within 15 days after its adoption. ATTACHMENT: Attachment A- Ordinance 116 ORDINANCE NO. AN ORDINANCE OF THE CITY OF SARATOGA DESIGNATING THE PROPERTY AT 15320 PEACH HILL ROAD (APN 517-22-112) AS A HISTORIC LANDMARK The City Council of the City of Saratoga hereby ordains as follows: Section 1-Findings:After careful review and consideration of the report and recommendations of the Heritage Preservation Commission concerning the residence at 15320 Peach Hill Road (the “Residence”) together with the application and supporting materials, and following a public hearing at which all interested parties had an opportunity to be heard, the City Council hereby finds that the Residence has special historical, cultural, architectural and aesthetic interest or value as part of the heritage and history of the City, and satisfies one or more of the criteria set forth in Section 13-15.010 of the Saratoga City Code. Specifically: The Residence exemplifies or reflects special elements of the cultural, social, economic, political, aesthetic, engineering or architectural history of the City, the County, the State or the nation in that it represents a Monterey Colonial style residence that was constructed in the early 1900’s. The structure exhibits many of the character defining features of such a home and has retained these features through history. The Residence embodies distinctive characteristics of a style, type, period or method of construction, or is a valuable example of the use of indigenous materials in that it is an excellent example of Monterey Colonial style residential architecture. The house features a red-tile roof, a prominent wood balcony, and a partially cantilevered second story, characterizing the Monterey Colonial style. The Residence embodies or contributes to unique physical characteristics representing an established and familiar visual feature of a neighborhood or district within the City in that the home designed by architect Birge Clark and built in 1929. Section 2 – Designation: The Residence is hereby designated as a Historic Landmark pursuant to section 13-15.060 of the Saratoga City Code. Section 3- Publication: This ordinance or a comprehensive summary thereof shall be published once in a newspaper of general circulation of the City of Saratoga within thirty (30) days after its adoption. Following a duly notice public hearing the foregoing ordinance was introduced and the first reading was waived at the regular meeting of the City Council of the City of Saratoga held on the 1st day of July 2020, and was adopted by the following vote following a second reading on the 19 th day of August 2020: Attachment A 117 AYES: NAYS: ABSENT: ABSTAIN: SIGNED: Howard Miller MAYOR, CITY OF SARATOGA, CALIFORNIA ATTEST: DATE: Debbie Bretschneider CITY CLERK APPROVED AS TO FORM: DATE: Richard Taylor CITY ATTORNEY 118 SARATOGA CITY COUNCIL MEETING DATE:August 19, 2020 DEPARTMENT:Public Works PREPARED BY:Emma Burkhalter, Assistant Engineer SUBJECT:Saratoga to Sanborn Trail –Amendment to Extend the Early Completion Deadline for the Construction Contract RECOMMENDED ACTION: 1.Move to amend the construction contract for the Saratoga to Sanborn Trail to extend the early completion deadline by 32 days due to COVID-19 delays. BACKGROUND: In October 2019, City Council approved a contract with the Mountain Bikers of Santa Cruz (MBOSC) for the construction of approximately 2.5 miles of new trail and bridges that would connect Saratoga Quarry Park to Sanborn County Park. Since then, MBOSC has been working on the trail and bridges, while also following County and State COVID-19 guidelines for contractors since March. In April, when the State order required all contractors to stop working, City Staff instructed MBOSC to stay home in accordance with the order. MBOSC was only able to resume construction once the restriction was lifted to allow for contractors to go back to work, provided they implement COVID safety protocols, on May 5th. At that point the project had been shut down and MBOSC prohibited from working for a total of 32 calendar days. The Saratoga to Sanborn Trail includes four bridges, to be installed by MBOSC in the final phase of trail construction. The installation of these bridges required permits from both the State Department of Fish & Wildlife and the Regional Water Quality Control Board. These permits only allow for construction activity within the creek channel between April 15th and October 15th in each year during which the permits are valid. In order to avoid having to effectively extend the construction project into 2021 the contract included an incentive payment for completing the bridges and other elements of the project necessary for public use by August 31. Prior to being shut down, MBOSC was putting extra effort into the project to meet that deadline and projected they could complete the project by the early August 31 completion deadline. By July 1st it had become apparent that, due to the shutdown, they would be unable to make the deadline. In order to provide an ongoing incentive to complete the project before October 15, staff 119 recommends extending the early completion deadline by the 32 days that the project was delayed due to the COVID-19 restrictions. That extension would be until October 2. This would encourage MBOSC to put in extra hours at this time and reduce the likelihood that the project would need to be suspended on October 15 per the terms of the permit. It is therefore recommended that City Council approve the amendment to the contract with MBOSC. ATTACHMENTS: Attachment A – Contract Amendment Attachment B – Original Contract 1275561.2 120 &RQWUDFWRU3URMHFW1DPH 5HY&LW\RI6DUDWRJD&RQWUDFW$PHQGPHQW3DJHRI City of Saratoga Contract Amendment 7KLV&RQWUDFW$PHQGPHQWLVPDGHDW6DUDWRJD&DOLIRUQLDE\DQGEHWZHHQWKH&LW\RI6DUDWRJD DPXQLFLSDOFRUSRUDWLRQ &LW\ DQGBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB &RQWUDFWRU ZKRDJUHHWKDW  &LW\DQG&RQWUDFWRUHQWHUHGLQWRDQDJUHHPHQWGDWHGBBBBBBBBBBBBBBBBBBB ³2ULJLQDO$JUHHPHQW´ DQGZLVKWRDPHQGWKH2ULJLQDO$JUHHPHQWDVVHWIRUWKLQWKHSURYLVLRQV FKHFNHGEHORZ7HUPVQRWGHILQHGLQWKLV&RQWUDFW$PHQGPHQWVKDOOKDYHWKHPHDQLQJXVHGLQ WKH2ULJLQDO$JUHHPHQWDQGWKHSURYLVLRQVRIWKH2ULJLQDO$JUHHPHQWVKDOODSSO\WRLQWHUSUHWDWLRQ DQGHQIRUFHPHQWRIWKLV&RQWUDFW$PHQGPHQW Amended Term. 7KHWHUPRIWKH2ULJLQDO$JUHHPHQWFRPPHQFHGRQWKH(IIHFWLYH'DWHDQGLVKHUHE\ H[WHQGHGWKURXJKBBBBBBBBBBBBBBBBBBB(insert new termination date)RUWKH FRPSOHWLRQRIWKHSURMHFWZKLFKHYHURFFXUVILUVWXQOHVVLWLVIXUWKHUH[WHQGHGE\ZULWWHQ PXWXDODJUHHPHQWEHWZHHQWKHSDUWLHVSURYLGHGWKDWWKHSDUWLHVUHWDLQWKHULJKWWR WHUPLQDWHWKLV$JUHHPHQWDVSURYLGHGLQ([KLELW&WRWKH2ULJLQDO$JUHHPHQW Amended Scope of Work. 7KH6FRSHRI:RUNWHUPVLQFOXGHGDV([KLELW V BBBBBBBBBBBBBBBBBBBBBB WRWKH2ULJLQDO$JUHHPHQWDUHKHUHE\ VXSSOHPHQWHGZLWKDGGLWLRQDO6FRSHRI:RUNVWHUPVLQFOXGHGDV([KLELWBBBBBB WRWKLV&RQWUDFW$PHQGPHQW $1'25H[WHQGHGWRLQFOXGHSURYLGLQJWKHRQJRLQJVHUYLFHVUHIHUHQFHGLQWKH 2ULJLQDO$JUHHPHQWIRUWKHGXUDWLRQRIWKHDPHQGHGWHUP Amended Payment Terms. 7KHILUVWVHQWHQFHRIVHFWLRQRIWKH2ULJLQDO$JUHHPHQWVHWWLQJIRUWKWKHPD[LPXP FRQWUDFWSD\PHQWLVKHUHE\UHSODFHGZLWKWKHIROORZLQJ &LW\VKDOOSD\&RQVXOWDQWIRUZRUNSURGXFWSURGXFHGSXUVXDQWWRWKLVDJUHHPHQWDQ DPRXQWQRWWRH[FHHGWKHWRWDOVXPRI BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB IRUZRUNWREHSHUIRUPHGDQGDQ\DXWKRUL]HGUHLPEXUVDEOHFRVWV $1'256HH([KLELW V BBBBBB Mountain Bikers of Santa Cruz Saratoga to Sanborn Mountain Bikers of Santa Cruz October 16th, 2019 121 &RQWUDFWRU3URMHFW1DPH 5HY&LW\RI6DUDWRJD&RQWUDFW$PHQGPHQW3DJHRI Other. 7KH2ULJLQDO$JUHHPHQWLVDPHQGHGDVIROORZV $1'256HH([KLELW V BBBBBB  $OORWKHUSURYLVLRQVRIWKH2ULJLQDO$JUHHPHQWUHPDLQXQFKDQJHGE\WKLV&RQWUDFW $PHQGPHQW  ([KLELWV$OODWWDFKPHQWVWRWKLVDJUHHPHQWDUHE\WKLVUHIHUHQFHLQFRUSRUDWHGKHUHLQDQG PDGHDSDUWRIWKLVDJUHHPHQW $GGLWLRQDO([KLELWV ,1:,71(66:+(5(2)WKHSDUWLHVKHUHWRKDYHH[HFXWHGWKLV$PHQGPHQW ContractorCity of Saratoga 6LJQDWXUH-DPHV/LQGVD\&LW\0DQDJHU 'DWH 6LJQHU1DPH $77(67 6LJQHU7LWOH 'DWH'HEELH%UHWVFKQHLGHU&LW\&OHUN &RQWUDFW'HVFULSWLRQ'DWH $33529('$672)250 5LFKDUG7D\ORU&LW\$WWRUQH\ 'DWH Mountain Bikers of Santa Cruz Saratoga to Sanborn ✔ ✔Original Agreement Saratoga To Sanborn Trail The 'Incentive for Early Completion' paragraph on page 3 of the Notice Inviting Bids in the Original Contract Document is hereby replaced with the following: A bonus of $150,000.00 will be paid to the contractor if the project is completed to the point that the trail can be open to the public by October 2, 2020. 122 y of SAR.1To L '9 1956 gUFORN P CITY OF SARATOGA TRANSMITTAL MEMORANDUM FOR CONTRACT EXECUTION City Clerk will need 2 signed original paper copies of the contract. 1. Submitting Department: Public Works 2. Staff Contact: Shaheen 3. Contractor Name: Mountain Bikers of Santa Cruz Date of Start of Contract: 12/1 /2019 Date of Expiration: 12/30/2023 Brief description of services to be provided: Saratoga -to -Sanborn Trail Construction Fiscal Year Contract Amount 1505815.00 Total Contract Amount 1505815.00 Contingency Amount 225000.00 Budget Account #s 412.9278-001.81161 432.9278-001.81161 Upload Contract with contractor signature MBOSC_Signed Contract.pdf 4. Business License Number: BUS-012781 15.96MB 5. Type of Contract Construction Contract above $200,000 - (City Council's approval required) Do you have a Minute Order or Council Resolution? r Yes r No Date of Council approval: 10/16/2019 123 Upload Minute Order or Resolution MBOSC_Minute Order.pdf 492.93KB 6. Designated Contract Administrator Emma Burkhalter Assistant Engineer Narre Title 7. Is this a standard City Contract? r Yes fNo 8. Is this an amendment to an existing contract? r Yes r No 9. Insurance Certificate: r Yes Upload Insurance MBOSC_COI. pdf Commercial/General Liability Expiration Date: 12/21 /2021 Auto Liability Expiration Date: 4/23/2020 Is a Professional/Errors and Omissions Liability required? r Yes r No Professional/Errors and Omissions Expiration Date: Worker's Compensation or Sole Proprietor? r Worker's Compensation r Sole Proprietor Worker's Compensation Expiration Date: 9/17/2020 10. Bonds Needed? r Contract under $25,000 - No Bonds Required r Contract over $25,000 - Bonds Required: r% Surety licensed for CA - confirmed from: 624.99KB http://interactive.vveb.insurance.ca.gov/companyprofile/ enter company name, check if "surety" is listed under "lines of business", print page, and attach to bond documents) Upload Bonds MBOSC_Bonds and Surety check.pdf 1.28MB 11. Prevailing Wage Verify Contractor is registered with Department of Industrial Relations. DIR Number 1000461941 Department Manager 124 Department Manager Review: rJ Term of Contract rJ Scope of Work complete and accurate rJ Complete Contract r Outside Funding supplement (Exhibit D) if necessary r Special Provisions (Exhibit E) if necessary City Attorney City Attorney Decision: r Approved as to Form r Approved, subject to confirmation of changes stated below r Not Approved City Attorney Initials: Date RST 11 /26/2019 Risk Management Risk Management: Insurance Requirements: rJ Commercial/General Liability rJ Auto Liability r- Professional/Errors and Omissions rJ Worker's Compensation rJ Additional Insured Endorsement rJ Public Works Contract - all insurance specified Risk Management Decision: r Approved fDenied r Partially Approved Risk Management Reviewer Initials: Date mf 12/2/2019 Finance Finance Check -Off: rJ Funding rJ Business License rJ Account number r Other, see comments Finance Decision: r Approved r Denied fPartially Approved Finance Reviewer Initials: Date mf 12/2/2019 City Clerk City Clerk Decision:* 125 Action History (UTC-08:00) Pacific Time (US & Canada) Submit by SSARWARI 11/25/2019 12:49:35 PM (Contract Submission: Start Event) Approve by JCHERBONE 11/25/2019 12:50:46 PM (PW Department Manager Review) The task was assigned to JCHERBONE 11/25/2019 12:49 PM Submit by Richard 11/26/2019 10:36: 27 AM (City Attorney Review) The task was assigned to Richard 11/25/2019 12:50 PM Submit by mfurey 12/2/2019 9:00:29 AM (Risk Manager Review) The task was assigned to mfurey 11/29/2019 12:50 PM Submit by mfurey 12/2/2019 9:00:05 AM (Finance Review) The task was assigned to mfurey 11/29/2019 12:51 PM Submit by SSARWARI 12/2/2019 9:09:56 AM (Back to submitter for add'I info (2)) The task was assigned to SSARWARI 12/2/2019 9:00 AM Submit by mfurey 12/3/2019 9:56: 00 AM (Risk Manager Review (Hold)) The task was assigned to mfurey 12/2/2019 9:10 AM Submit by DEBBIEB 12/3/2019 10:49:47 AM (City Clerk Review) The task was assigned to DEBBIEB 12/3/2019 9:56 AM 126 r Approved fDenied r Partially Approved r Partially Approved, Additional Action Needed 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 This Agreement is executed by CITY upon approval by the Council at its regular scheduled meeting of October 16th, 2019, and the Contractor has caused this Agreement to be duly executed. CITY I _ 'AT A: CONTRACTOR: Contractor Signatures must be Notarized) BY - J J.s Lind :y BY: d-t-tutik & ity 14..n..er PRINT NAME ieDate: tt 1 TITLE: AT) Contractor's License No: 1h e_ d re -s t a-L License L87Date: Date: l 2f Y /1,0 Date: l 1/7 ZM l APPROVED AS TO FORM: vL-1• Richard Taylor City Attorney Contract for Construction 86 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 11/25/2019 Company Profile https://interactive.web.insurance.ca.gov/companyprofile/companyprofile?event=companyProfile&doFunction=getCompanyProfile&eid=12973 1/1 COMPANY PROFILE Company Information PHILADELPHIA INDEMNITY INSURANCE COMPANY ONE BALA PLAZA SUITE 100 BALA CYNWYD, PA 19004 877-438-7459 Old Company Names Effective Date Agent For Service Vivian Imperial 818 WEST SEVENTH STREET SUITE 930 LOS ANGELES CA 90017 Reference Information NAIC #:18058 California Company ID #:3576-6 Date Authorized in California:01/27/1993 License Status:UNLIMITED-NORMAL Company Type:Property & Casualty State of Domicile:PENNSYLVANIA back to top NAIC Group List NAIC Group #:3098 Tokio Marine Holdings Inc GRP Lines Of Business The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY DISABILITY FIRE LIABILITY MARINE MISCELLANEOUS PLATE GLASS SPRINKLER SURETY TEAM AND VEHICLE back to top Company Profile Company Search Company Search Results CompanyInformation Old Company Names Agent for Service Reference Information NAIC Group List Lines of Business Workers' Compensation Complaint and Request for Action/Appeals Contact Information Financial Statements PDF's Annual Statements Quarterly Statements Company Complaint Company Performance & Comparison Data Company Enforcement Action Composite Complaints Studies Additional Info Find A Company Representative In Your Area View Financial Disclaimer 2008 California Department of Insurance 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 Bond No. CE12211400004 FAITHFUL PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, the City of Saratoga, California (hereinafter referred to as Owner") and Mountain Bikers of Santa Cruz hereinafter referred to as Contractor"), have entered into a written contract for furnishing of all labor, materials, equipment, transportation and services for the construction of the SARATOGA TO SANBORN TRAIL (hereinafter referred to as the "Construction Contract"); and WHEREAS, Contractor is required by the terms of the Construction Contract to furnish a bond for the faithful performance of all terms and conditions of the Construction Contract; NOW,THEREFORE,Contractor,as principal,and Philadelphia Indemnity Insurance company(hereinafter referred to as "Surety"), as surety, are held and firmly bound unto Owner in the penal sum of Four Hundred Eight One Thousand Three Hundred Twenty Seven Dollars ($ 481,327.00 ), lawful money of the United States, for the payment of which sum well and truly to be made as provided in this Performance Bond. 1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2. If Contractor timely performs each and every obligation under the Construction Contract, Surety and Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1. 3. Surety's obligation under this Performance Bond shall arise after: 3.1 Owner has declared a Contractor Default and has notified Contractor and Surety at its address described in Paragraph 10 below that Owner has declared a Contractor Default and has requested and attempted to arrange a conference with Contractor and Surety to be held not later than seven days after receipt of such notice to discuss methods of performing the Construction Contract; and 3.2 Owner has agreed to pay the Balance of the Agreement Price, as calculated under the terms of the Construction Contract, to Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of the Construction Contract with Owner. Bonds 73 275 4. When Owner has satisfied the conditions of Paragraph 3, Surety shall promptly and at Surety's expense take one of the following actions: 4.1 Arrange for Contractor, with consent of Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors; or 4.3 Obtain bids or negotiated bids from qualified contractors acceptable to Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by Owner and the contractor selected with Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Agreement Price, as calculated under the terms of the Construction Contract, incurred by Owner resulting from Contractor's Default; or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new Contractor and with reasonable promptness under the circumstances: 1. After investigation, determine the amount for which it may be liable to Owner and, as soon as practicable after the amount is determined, tender payment thereof to Owner; or 2. Deny liability in whole or in part and notify Owner citing specific reasons therefor. 5. If Surety does not proceed as provided in Paragraph 4 within twenty days from receipt of the notice described in paragraph 3.1 (whether or not a conference has been held pursuant to paragraph 3.1), or such longer period upon which Owner and Surety may agree in writing, Surety shall be deemed to be in default on this Bond. If the Surety proceeds as provided in Subparagraph 4.4, and Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice Owner shall be entitled to enforce any remedy available to Owner. 6. After Owner has declared a Contractor Default, and if Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of Surety to Owner shall not be greater than those of Contractor under the Construction Contract, and the responsibilities of Owner to Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Performance Bond, but subject to commitment by Owner of the Balance of Bonds 74 276 the Agreement Price to mitigation of costs and damages on the Construction Contract, Surety is obligated without duplication for: 6.1 The responsibilities of Contractor for correction of defective work, materials and equipment and completion of the Construction Contract; 6.2 Additional legal, design professional, construction management and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Paragraph 4; and 6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non- performance of Contractor. 7. Surety shall not be liable to Owner or others for obligations of Contractor that are unrelated to the Construction Contract, and the Balance of the Agreement Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than Owner or its heirs, executors, administrators or successors. 8. Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 9. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction. The prevailing party in any such action shall be entitled to recover its attorneys' fees, to be taxed as an item of costs. 10. Notice to Surety, Owner or Contractor shall be mailed or delivered to the address, or sent via facsimile to the facsimile number, shown on the signature page. 11. DEFINITIONS 11.1 Balance of the Agreement Price: The total amount payable by Owner to Contractor under the Construction Contract after all proper adjustments have been made, including allowance to Contractor of any amounts received or to be received by Owner in settlement of insurance or other claims for damages to which Contractor is entitled, reduced by all valid and proper payments made to or on behalf of Contractor under the Construction Contract. 11.2 Construction Contract: The agreement between the Owner and the Contractor identified on the first page of this bond, including all Contract Documents and changes thereto. Bonds 75 277 11.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract. Signed and Sealed this 25th day of March 2020. CONTRACTOR, as Principal SURETY By: By: (7 L h l„ ems, 1 >'o u, rnii R.Brutko 4S:X<<--.1-,v Dt r L 4'0 its: Attorney-in-Fact At4Slt ikit 00VAAddress: P 1,OX 3 S I Address: 2601 Market Street,Suite 300 ja-Fc, Lit-2 LA- 9fOG( Harrisburg,PA 17110 FAX: FAX: N/A Note: Signatures of those executing for Surety must be properly acknowledged. The bond must be accompanied by a power of attorney from the Surety authorizing its agent to bind it to this bond. Bonds 76 278 Bond No.CE12211400004 LABOR AND MATERIALS PAYMENT BOND KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, the City of Saratoga, California (hereinafter referred to as Owner") and Mountain Bikers of Santa Cruz hereinafter referred to as "Contractor"), have entered into a written contract for furnishing of all labor, materials, equipment, transportation and services for the construction of the SARATOGA TO SANBORN TRAIL (hereinafter referred to as the Construction Contract"); and WHEREAS, Contractor is required by the terms of the Construction Contract to furnish a bond to secure payment for all work, labor, materials, equipment or services furnished in connection with the Construction Contract; NOW, THEREFORE, Contractor, as principal, and Philadelphia Indemnity Insurance com an hereinafter referred to as "Surety"), as surety, are held and firmly bound unto Claimants, as defined herein, in the penal sum of Four Hundred Eight One Thousand Three Hundred Twenty Seven Dollars ($481,327.00 ), lawful money of the United States, for the payment of which sum well and truly to be made as provided in this Payment Bond. 1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to Owner to pay for work, labor, materials, equipment, services, or other items furnished for use and actually used in the performance of the Construction Contract, which is incorporated herein by reference. 2. With respect to Owner, this obligation shall be null and void if Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies and holds Owner harmless from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for work, labor, materials, equipment, services or other items furnished for use in the performance of the Construction Contract, provided Owner has promptly notified Contractor and Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to Contractor and Surety. Bonds 77 279 3. With respect to Claimants, this obligation shall be null and void if Contractor promptly makes payment, directly or indirectly, for all sums due. 4. Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with Contractor have given notice to Surety (at the address described below) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Payment Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor: 1. Have furnished written notice to Contractor and sent a copy, or notice thereof, to Owner, as required by and conforming with Civil Code Sections 3252 and 3091; and 2 Not having been paid within thirty (30) days of sending the required notice, have sent a written notice to Surety (at the address described below) and sent a copy to the Owner, stating that a claim is being made under this Payment Bond and enclosing a copy of the previous written notice furnished to Contractor. 5. When the Claimant has satisfied the conditions of Paragraph 4, Surety shall promptly and at Surety's expense take the following actions: 5.1 Send an answer to the Claimant, with a copy to Owner, within 20 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 5.2 Pay or arrange for payment of any undisputed amounts. 6. Surety's total obligation shall not exceed the amount of this Payment Bond, and the amount of this Payment Bond shall be credited for any payments made in good faith by Surety. 7. Amounts owed by Owner to Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under the Performance Bond. By Contractor furnishing and Owner accepting this Payment Bond, they agree that all funds earned by Contractor in the performance of the Construction Contract are dedicated to satisfy obligations Bonds 78 280 of Contractor and Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work or the satisfaction of Owner's claims, including liquidated damages, under the Construction Contract. 8. Surety shall not be liable to Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. Owner shall not be liable for payment of any costs or expenses of any Claimants under this Payment Bond, and shall have under this Payment Bond no obligation to make payments to, give notices on behalf of, or otherwise have any obligation to Claimants under this Payment Bond. 9. Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 10. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction. The prevailing party in any such action shall be entitled to recover its attorneys' fees, to be taxed as costs. 11. Notice to Surety, Owner or Contractor shall be mailed or delivered to the address shown on the signature page. 12. This Payment Bond has been furnished to comply with Civil Code Sections 3247 through 3252. Any provision in this Payment Bond conflicting with those statutory requirements shall be deemed deleted and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Payment Bond shall be construed as a statutory bond and not as a common law bond. 13. Upon request by any person or entity appearing to be a potential beneficiary of this Payment Bond, the Contractor shall promptly furnish a copy of this Payment Bond or shall permit a copy to be made. 14. DEFINITIONS 14.1 Claimant: An individual or entity identified in California Civil Code Sections 3181 or 3248. Bonds 79 281 14.2 Construction Contract: The agreement between Owner and Contractor identified above, including all Contract Documents and changes thereto. Signed and Sealed this 25th day of March 2020. CONTRACTOR, as Principal SURETY A1527 By: Ate'R ch Dt yo*W6 Heidi It Brutko i:K¢L,wv i mac Isi Its: Attorney-in-Fact MOFOUNTAIN a BIKERS Address: (?0 t o?r S 3/ Address: 2601 Market Place,Susite 300 C"4- / L/t 2J 61 Harrisburg,PA 17110 FAX: FAX: N/A Note:. Signatures of those executing for Surety must be properly acknowledged. The bond must be accompanied by a power of attorney from the Surety authorizing its agent to bind it to this bond. Bonds 80 282 PHILADELPHIA INDEMNITY INSURANCE COMPANY One Bala Plaza,Suite 100 Bala Cynwyd,PA 19004-0950 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS:That PHILADELPHIA INDEMNITY INSURANCE COMPANY(the Company),a corporation organized and existing under the laws of the Commonwealth of Pennsylvania,does hereby constitute and appoint Nathan Miller,Sandra Hartzell,Michelle Bennett,Brandy Prinz, Heidi R.Brutko,Tabbatha Kepner or Chris Papke of Philadelphia Indemnity Insurance Company its true and lawful Attorney-in-fact with full authority to execute on its behalf bonds,undertakings,recognizances and other contracts of indemnity and writings obligatory in the nature thereof,issued in the course of its business and to bind the Company thereby,in an amount not to exceed$50,000,000. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14th of November,2016. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company:(1)Appoint Attomey(s)in Fact and authorize the Attorney(s)in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto;and 2)to remove,at any time,any such Attorney-in-Fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile,and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 27'DAY OF OCTOBER,2017. V Set-_—' wah.0—Q. Seal) Robert D.O'Leary Jr.,President&CEO Philadelphia Indemnity Insurance Company On this 27'"day of October,2017,before me came the individual who executed the preceding instrument,to me personally known,and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY;that the seal affixed to said instrument is the Corporate seal of said Company;that the said Corporate Seal and his signature were duly affixed. COMMONWEALTH Of PENIroriVANIA NOTARIAL SEAL Morgan Knapp'Salary cu NotaryPublic:Keno Meson Knapp 'Salar NACpurM/ Ery C...maws Eapees Sep*25.202K YeeF4 Kt'dnvenN50CN1K6N01 residing at: Bala Cynwyd,PA Notary Seal) My commission expires:September 25,2021 I,Edward Sayago,Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY,do hereby certify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto on this 2r day of October,2017 are true and correct and are still in full force and effect.I do further certify that Robert D.O'Leary Jr.,who executed the Power of Attorney as President,was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY, In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 25th day of March 20 20. Edward Sayago,Corporate Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY 283 CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Pennsylvania County of Dauphin On March 25,2020 before me, Michelle L.Stouffer Here insert name and title of the officer) personally appeared Heidi R. Brutko who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL WITNESS my hand and official seal. Michelle L.Stouffer,Notary Public Lower Swatara Twp..Dauphin County My Commission Expires Dec.11,2020 I MEMBER PE NNSYLVAMAASSOCIATION OF NOTARIES Notary ublic Signatu Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with cun•ent California statures regarding notary wording and, DESCRIPTION OF THE ATTACHED DOCUMENT needed,should be completed and attached to the document.Acknowledgments from other states may be completedfor documents being sent to that state so long as the wording does not require the California notary to violate California noun), Performance and Payment Bond law. Title or description of attached document) State and County information must be the State and County where the document signer(s)personalty appeared before the notary public for acknowledgment. Date of notarization must be the date that the signer(s)personally appeared whichTitleordescriptionofattacheddocumentconbnlred) must also be the same date the acknowledgment is completed. The notary public must print his or her name as it appears within his or her Number of Pages Document Date 03/25/2020 commission followed by a comma and then your title(notary public). Print the name(s) of document signer(s)who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. be/she/they-is/are)or circling the correct fonns.Failure to correctly indicate thisElIndividual(s) information may lead to rejection of document recording Corporate Officer The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges,re-seal if a Title)sufficient area permits,otherwise complete a different acknowledgment form. Partner(s) Signature of the notary public must match the signature on file with the office of the county clerk. tO Attorney-in-Fact Additional information is not required but could help to ensure this Trustee(s)acknowledgment is not misused or attached to a different document. Other Indicate title or type of attached document,number of pages and date. D Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). 2015 Version www.NotaryClasses.com 800- 873-9865 Securely attach this document to the signed document with a staple 284 SARATOGA CITY COUNCIL MEETING DATE:August 19, 2020 DEPARTMENT:City Manager’s Department PREPARED BY:Crystal Bothelio, Assistant City Manager SUBJECT:Resolution Defining Authorities and Responsibilities of the Saratoga Library & Community Engagement Commission RECOMMENDED ACTION: Approve the resolution renaming the Saratoga Library Commission as the Saratoga Library and Community Engagement Commission and redefining the Commission’s authorities and responsibilities; and authorize the proposed work plan changes recommended by the Commission. BACKGROUND: At the Commission Work Plan Study Session on March 9, 2020, the City Council directed the Library Commission to consider expanding the scope of the Commission to include citywide community engagement in addition to current Library-related duties. Subsequently, the Commission reviewed its current responsibilities. At its June 23, 2020 meeting, the Commission recommended several changes to the resolution establishing the Commission’s name and responsibilities, as well as the Commission’s work plan. If adopted, these changes would result in a broader scope for the Commission. ATTACHMENTS: Attachment A –Resolution Defining and Establishing the Authorities of the Saratoga Library & Community Engagement Commission Attachment B –Proposed 2020 Work Plan 285 RESOLUTION NO. 20-__ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA DEFINING AND ESTABLISHING THE AUTHORITIES AND RESPONSIBILITIES OF THE SARATOGA LIBRARY & COMMUNITY ENGAGEMENT COMMISSION WHEREAS, the City of Saratoga Library Commission was established by Resolution No. 68 dated June 17, 1959, with further modification to the Commission’s structure, terms of office, and operation being made by Resolutions dated February 11, 1971, February 5, 1975, January 5, 1983, September 4, 2019, and other documents; and WHEREAS, at the Commission Work Plan Study Session on March 9, 2020, the City Council directed the Library Commission to return with a recommendation on whether to expand the scope of the Commission to include citywide community engagement; and WHEREAS, on June 23, 2020, the Commission recommended the name of the Commission be changed to the Saratoga Library and Community Engagement Commission and proposed changes to the authorities and responsibilities; and WHEREAS, upon adoption of this resolution, the Saratoga Library and Community Engagement Commission shall function in accordance with the provisions of the attached document. NOW, THEREFORE, BE IN RESOLVED by the City Council of the City of Saratoga as follows: 1. That the Saratoga Library and Community Engagement Commission henceforth be governed by the terms set forth in the attached statement of the City of Saratoga Library and Community Engagement Commission Authorities, Responsibilities, and Duties (“Library and Community Engagement Commission Policy”), which is hereby incorporated into and made part of this resolution; and 2. That the content of the attached Library and Community Engagement Commission Policy shall supersede prior resolutions, guidelines, and understandings relating to the Commission and its operation, provided, however, that nothing in this resolution or the attached document shall be construed as restricting or curtailing any of the powers of the City Council or City officers; and 3. That the attached Library and Community Engagement Commission Policy shall be replaced by a document deleting all words shown in strikeout and shall apply normal formatting to words that have been added and are shown in bold double-underlined. 286 The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 19th day of August 2020 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Howard A. Miller, Mayor ATTEST: DATE: Debbie Bretschneider, City Clerk 287 Adopted via Resolution No. 20-__, July 1, 2020 CITY OF SARATOGA LIBRARY AND COMMUNITY ENGAGEMENT COMMISSION AUTHORITIES, RESPONSIBILITIES, AND DUTIES Adopted via Resolution No. 20-__, August 19, 2020 STRUCTURE Membership. The Library & Community Engagement Commission of the City of Saratoga shall consist of five members appointed by the City Council. At least four of the Commission's members shall reside in the City or in the adjacent unincorporated areas within the Library’s service district. Because of the support and usage of the Library by citizens of Monte Sereno, the City of Monte Sereno shall be invited to nominate a candidate to serve as a member of the Commission and to nominate replacements for this member as may be needed. Term of Office, Vacancies and Removal, Officers. The term of office, vacancies and removals, and officers of members of the Commission shall be as set forth in the City Code. ADMINISTRATION Meetings. The Saratoga Library & Community Engagement Commission shall hold regular meetings every other month. The date and time of regular meetings shall be approved by resolution of the Commission. Rules of Procedure. The Commission shall in all respects comply with the requirements for City Commissions as set forth in the City Code and City Council policies adopted from time to time. Compensation. Members of the Commission shall serve without compensation. When in accord with current City policy and when arranged in advance with the City Manager, actual and necessary expenses incurred by Library Commission members acting in their official capacity shall be reimbursed by the City. Records. The staff liaison of the Library & Community Engagement Commission shall keep a record of all proceedings, deliberations, findings, determinations, and recommendations of the Commission. These records shall be available to the public, and copies shall be filed with the City Clerk. Staff Services. Staff services required by the Commission shall be provided by the City Manager, consistent with City budget authorizations. BASIC RESPONSIBILITIES The Library & Community Engagement Commission shall serve as an senior advisory and liaison body. Its basic responsibilities shall include the following: 288 Adopted via Resolution No. 20-__, July 1, 2020 1. Provide counsel and recommendations on Library policies, budgets, plans and procedures to the Saratoga City Council, the City staff, and the Santa Clara County Library. staff and Saratoga Community Librarian.Identify and bring to the attention of the City Council, the City staff, and the Santa Clara County Library staff (as appropriate) current and prospective issues and questions relating to Library policies and activities. 2.Provide counsel and recommendations to the Saratoga City Council on increasing public engagement in City government, supporting cultural and artistic programs in the community, and fostering a stronger, more inclusive community. 3.As directed by the City Council, evaluate and assess community concerns, support City engagement programs, and perform such other activities as may be directed by the Saratoga City Council. 2. Identify and bring to the attention of the City Council, the City staff, and the Santa Clara County Library staff (as appropriate) current and prospective issues and questions relating to Library operation. 3. Participate, along with other appropriate governmental units, in explaining and interpreting matters pertaining to Library operation to Library users, Library support groups, and the general public. DUTIES In carrying out its basic responsibilities, the Library & Community Engagement Commission shall perform the following duties: 1. Hold formal meetings as required (see preceding Section on "Administration”). 2. Maintain communications with the City Council, City staff, Santa Clara County Library staff, and the Saratoga Community Librarian on matters related to Library services. 3.Serve in an advisory capacity on major engagement initiatives or policies to help create a more inclusive and engaged community, including providing support in identifying and connecting with to different groups in the community (such as other governmental, educational, and non-profit organizations).to inform them of library services and to receive suggestions on improving Library operation. 4. Maintain within the Commission a continuity of knowledge of Library, its operations and its problems,and City community engagement policies and strategies. 5. Keep generally informed on technical developments that could have a bearing on the Library's policies or strategies.operation. 289 Adopted via Resolution No. 20-__, July 1, 2020 6. Provide support and/or advice on events related to the Library and City. 7. Work with and engage "Friends of the Saratoga Libraries", the Saratoga Teen Advisory Board,and other support groups as may be desirable concerning the Library.in the planning of their activities. 8. Engage the Saratoga Teen Advisory Board in matters concerning use of the Library and programs. RELATIONSHIPS 1. The Library & Community Engagement Commission shall report to and be responsible to the Saratoga City Council. The City Manager is authorized to appoint a City staff member to serve as a liaison representative between the Council, staff and the Library & Community Engagement Commission on administrative matters. 2. The Library & Community Engagement Commission shall have no administrative authority over Library or City operations, activities, or staff.the Librarys operation, or activities of City staff. 3. The Library Commission & Community Engagement shall have authority to call meetings, conduct hearings, perform analysis, and make contacts with various interested parties in carrying out its basic responsibilities. 4. The Library Commission may act on its own initiative, based on its own assessment of needs, or upon request from other interested parties such as the City Council, the City staff, and the Santa Clara County Library staff. 1254834.1 290 2020 DRAFT WORK PLAN REVISIONS KEY POINTS OF WORK PLAN 1. Support and promote Library events and programs; engage in information sharing with and between the Library and the public. 2. Identify continuing opportunities and recommend strategies to help foster a stronger, more inclusive community, including the following activities: a. Partner with other local events and organizations, including West Valley College. b.Increase public engagement in City government. c.Assess community concerns as directed by the City Council. d.Support Library and City engagement programs. 3. Help increase the number of residents with library cards. 2. Promote library events and programs; engage in information sharing with library and public 4. Provide a recommendation to City Council on expanding the scope of the Library Commission to include community engagement TOPICS IN DETAIL 1. Support and promote library events and programs; engage in information sharing with and between the Library and the public. a) Attend library events as Commissioners and/or participants (e.g. Silicon Valley Reads programs, trivia events, etc.). b) Volunteer to assist library staff at library events (for example, Junior Achievement). c) Volunteer at outreach programs (e.g. Saturday Farmers Market, Movie Nights, Blossom Festival) to increase number of card holders. d) Invite the City Council to attend and share information with the City Council about Library and Library Commission programs, events, and activities. e) Spread awareness of Library events and offerings via Commissioner personal networks and encourage attendance (for example, post in Nextdoor Saratoga, post on Facebook page, inform Book Clubs, etc.). f) Brainstorm with Director of County Library Communication and Marketing on ways to promote Library events and programs. g) Write an article for Saratoga Source (monthly e-newsletter) or Saratoga News to feature library program(s). h) Provide recommendations to library staff at Commission meetings. This would include current trends in the community, ideas for programs that our community may be interested in (e.g. 3D printing), and upcoming community events where outreach might occur. i) Attend annual Friends and Commissioner forum. j) Interact with other County Library Commissions and JPA, when appropriate. k) Work with Friends of the Saratoga Libraries to promote and cross-promote events and activities. 291 2. Identify continuing opportunities and recommend strategies to help foster a stronger, more inclusive community, including the following activities. a) Support collaborative programs or activities between local organizations, such as West Valley College, and the Library and/or the City. b) Advise the City Council on matters of interest to the Saratoga community, as directed by the City Council. c) Support and provide recommendations to the City Council on City engagement programs and policies, including Community Event Grant Program allocations. d) Meet with the City of Saratoga Public Art Committee to determine how the Commission can support public art programs sponsored by the City’s Public Art Committee. e) Recommend programs and policies that will help create a stronger, more inclusive community. 3. Help increase the number of residents with library cards a) Volunteer at outreach programs. b) Target Monte Sereno residents. 2. Promote library events and programs; engage in Information sharing with the library and the public a) Spread awareness via our networks of library events and offerings and encourage attendance (for example, post in Nextdoor Saratoga, post on Facebook page, tell our Book Clubs, etc.) b) Brainstorm with Director of County Library Communication and Marketing on ways to promote Library events and programs c) Write an article for Saratoga Source (monthly e-newsletter) or Saratoga Newspaper to feature library program(s) d) Provide recommendations to library staff at Commission meetings. This would include ideas for programs that our community is interested in (eg, 3D printing); new trends, and upcoming community events where outreach might occur e) Attend annual Friends and Commissioner forum f)Interact with other County Library Commissions and JPA, when appropriate g) Work with Friends of the Saratoga Libraries to promote and cross promote events and activities 4. Provide a recommendation to City Council on expanding scope of the Library Commission to include community engagement 292 SARATOGA CITY COUNCIL MEETING DATE:August 19, 2020 DEPARTMENT:Finance & Administrative Services PREPARED BY:Mary Furey, Administrative Services Director SUBJECT:Coronavirus Aid, Relief, and Economic Security (CARES) Act Funding RECOMMENDED ACTION: Receive report and provide direction. BACKGROUND: The Coronavirus Aid, Relief, and Economic Security Act known as CARES Act, is a part of the federal government’s third round of stimulus funding. This distribution was provided to State, Territorial, Local, and Tribal governments to provide financial relief for necessary expenditures incurred due to the Coronavirus public health emergency (COVID-19). Amounts paid to entities are based on population; Saratoga’s distribution share is $383,132. This CARES Act funding was not included in the FY 2020/21 budget as clear information about the funding was not available at the time of budget adoption. Staff is currently in the process of determining allowable expenses, and how the funding can best be leveraged against FEMA reimbursements for prior and current year COVID-19 expenses. The initial broad guidance for CARES Act expenditures required that funding only be used to cover expenses that: 1.Are necessary expenditures incurred due to the Coronavirus public health emergency. 2.Were not accounted for in the budget most recently approved as of March 27,2020 (meaning the FY 2019/20 budget). 3.Were incurred during the period beginning March 1,2020 and ending December 30, 2020. More recent direction on allowable CARES Act expenses and on FEMA reimbursements provided that allowable expenditures (as applicable to the City) would include: 4.Payroll expenses for public safety and other employees whose services are substantially diverted to responding to the COVID-19 public health emergency functions. 5.Staff time dedicated or redirected to support COVID-19 health measures 6.Staff time for those who could not telework 7.Staff time to facilitate compliance with COVID-19 related health measures 293 8. Staff time to support remote services and meetings 9. Staff time for communication or enforcement of public health orders 10. Staff time for technical assistance 11. City’s Unemployment costs connected to COVID-19 layoff 12. Medical and protective supplies/disinfection of public areas and other facilities 13. Consultant services to facilitate compliance 14. Supplies and equipment to support COVID-19 orders 15. Grants or financial assistance to small businesses for costs of business interruption or for payment of rent/mortgage to avoid eviction or funeral expenses Allowable expenses the City has incurred to date and/or expects to incur through December 30, 2020 to address the COVID-19 will far exceed the stimulus funding provided to the City. Estimated costs for known allowable expenses from 3/1/2020 through 12/30/2020: Street Closure Parklet expense - $35,000 Sheriff’s contract expense - $5+ million Unreimbursed FEMA funding costs – unknown at this time Staff time COVID-19 leave –for staff unable to work due to stayat home orders –$200,000 50% of unemployment benefit cost to City for temporary employees laid off due to stay at home orders – $20,000 Employee laptops/equipment to transition employees to work at home – $10,000 Software to support remote working environments - $10,000 Staff time dedicated to setting up remote work systems - $10,000 Staff time dedicated to COVID-19 response communications - $75,000 Staff time dedicated to remote meeting management - $25,000 Staff time dedicated to disinfecting City Hall workplace and building/installing protected work areas to comply with County Health Orders –$10,000 Consultant support to support COVID-19 response efforts - $10,000 Personal protection and other supplies for on-site employees and customers –$5,000 Emergency response supplies, communication expenses, etc. - $10,000 In addition, as FEMA’s allowable expenses are far more restrictive and only partially reimbursable, staff’s intention was to offset the match portion of FEMA and OES reimbursable expenses, and then prioritize the remaining CARES Act funding to hard costs and other non- reimbursable staff time. However, with the more recent guidelines, the ability to use these funds for grants or financial assistance was clarified. There is limited information on what all of our neighboring cities intentions are, but staff learned the City of Cupertino enacted a Small Business Emergency Relief Grant Program lottery during the week of July 17, 2020 to provide $5,000 grants for small businesses under very specific eligibility guidelines. Staff is requesting Council review this report and provide direction for any other applicable purposes or specific requests in the use of the CARES Act funding, in addition to the above estimated expenses. 294 FISCAL STATEMENT: The CARES Act funding will increase revenues by $383,132 in FY 2020/21. As expenditures can apply to both prior and current year expenses, and the funding can be leveraged against FEMA’s reimbursables, the budget adjustment is not yet finalized. A budget adjustment will be brought to Council at mid-year to reflect the revenue received and applicable budget allocations for current year expenses. 295 SARATOGA CITY COUNCIL MEETING DATE:August 19, 2020 DEPARTMENT:City Manager’s Department PREPARED BY:Crystal Bothelio, Assistant City Manager SUBJECT:Proposed Wildfire Prevention and Preparedness Legislation RECOMMENDED ACTION: Consider the Wildfire Public Safety Task Force recommendation to approve the resolutions in support of Assembly Bill 2167 and Senate Bill 292, Assembly Bill 2178, Assembly Bill 3256, and Senate Bill 431. BACKGROUND: On August 3, 2020, the Wildfire Public Safety Task Force reviewed several proposed bills and recommended that the City Council support Assembly Bill (AB) 2167 and Senate Bill (SB) 292, AB 2178, AB 3256, and SB 431. Resolutions in support of these bills are attached for City Council consideration. AB 2167 (Daly and Cooley)and SB 292 (Rubio) More and more insurers have opted to reduce risk by decreasing the number of policy holders in areas at risk for wildfire and increasing rates. While the California FAIR Plan will insure any property, many property owners prefer a private market alternative.AB 2167 would make it easier for insurers to write more insurance policies in high risk areas through creation of the Insurance Market Action Plan (IMAP) that insurers would file with the Insurance Commissioner for properties in eligible counties. IMAP filings would need to include rates, a plan for maintaining the insurer’s solvency, and mitigation requirements. SB 292 is a companion bill to AB 2167 and would support AB 2167 by establishing the criteria for mitigation required as part of IMAP filings. Supporters argue that the IMAP will give consumers better, more affordable options than the California FAIR plan. Those who oppose the bills argue that it reduces California’s ability to effectively regulate insurance rates.Because the bill would amend Proposition 103 it requires a two-thirds vote of the legislature for adoption. AB 2178 (Levine) If adopted, AB 2178 would allow local jurisdictions and the State to recognize public safety power shutoffs as emergencies. Currently, State law does not allow local jurisdictions to proclaim an emergency due to a planned electrical outage as an emergency. Allowing local jurisdictions to proclaim a local emergency due to a public safety power shutoff allows cities and counties to 296 rapidly deploy resources or seek outside resources if needed. The bill has been supported by the League of California Cities. Because the bill is an urgency measure it requires a two-thirds vote of the legislature for adoption. AB 3256 (Garcia, Eduardo) AB 3256 would authorize the issuance of more than $6.9 billion in General Obligation bonds to fund economic recovery, wildfire prevention, safe drinking water, drought preparation, and flood protection programs and projects. A total of $1.6 billion in bonds would be dedicated to wildfire prevention and climate risk reduction. The bill has been supported by the League of California Cities. Because the bill would place a bond measure on the ballot it requires a two-thirds vote of the legislature for adoption. SB 431 (McGuire) SB 431 would require cell towers in high fire risk areas to have backup power systems that last a minimum of 72 hours where feasible. Additionally, it would require customer notification when backup power systems are low or when the transceiver can no longer be supported by the backup system. The bill has been supported by the League of California Cities, California Fire Chiefs Association, Fire District Association of California, and California State Sheriff’s Association. The bill requires a simple majority of the legislature for adoption. ATTACHMENTS: Attachment A – Resolution in Support of AB 2167 & SB 292 Attachment B – Resolution in Support of AB 2178 Attachment C – Resolution in Support of AB 3256 Attachment D – Resolution in Support of SB 431 297 RESOLUTION NO. 20-____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA IN SUPPORT OF ASSEMBLY BILL 2167 (DALY AND COOLEY) INSURANCE MARKET ACTION PLAN AND SENATE BILL 292 (RUBIO) WILDFIRE RISK MODELING AND MITIGATION WHEREAS, California has seen some of the most devastating wildfires in United States history in recent yearsand as a result an increasing number of insurers have opted to reduce their risk by decreasing the number of policy holders in areas that are at risk for wildfire as well as increasing rates; and WHEREAS, while California FAIR Plan will insure any property, many property owners prefer a private market alternative due to coverage options and cost; and WHEREAS, the City of Saratoga Wildfire Public Safety Task Force has reviewed Assembly Bill (AB) 2167 and determined that it would make it easier for insurers to write more insurance policies in high risk areas through the creation of the Insurance Market Action Plan that insurers would file with the Insurance Commissioner for eligible properties rates, a plan for maintaining insurer solvency, and mitigation requirements; and WHEREAS, the City of Saratoga Wildfire Public Safety Task Force reviewed Senate Bill (SB) 292 (a companion bill to AB 2167) and determined that SB 292 would support AB 2167 by providing guidelines and criteria for the mitigation required as part of Insurance Market Action Plan applications; and WHEREAS, the City of Saratoga Wildfire Public Safety Task Force has recommended that the City Council support both bills. NOW, THEREFORE BE IT RESOLVED,that the City Council of the City of Saratoga does hereby support AB 2167 (Daly and Cooley) and SB 292 (Rubio), which would provide homeowners in areas at risk for wildfire with more options for insurance coverage, encourages Saratoga community members to express their thoughts on this bill to their State representatives, and urges the California State Legislature to adopt and the Governor of California to sign these two bills into law. The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 19th day of August 2020 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Howard A. Miller, Mayor ATTEST: DATE: Debbie Bretschneider, City Clerk 1274820.1 298 RESOLUTION NO. 20-____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA IN SUPPORT OF ASSEMBLY BILL 2178 (LEVINE) EMERGENCY SERVICES: DEENERGIZATION DEFINITION WHEREAS, California has seen some of the most devastating wildfires in United States history in recent years and as a result power utilities have started initiated planned deenergization events, including public safety power shutoffs, on days when there is an increased risk for the spread of wildfire; and WHEREAS, these shutoffs have resulted in the loss of power for millions of Californians and planned outages are expected to become more prevalent as the fire season gets longer and longer; and WHEREAS, public safety power shutoffs represent a significant threat and the consequences are akin to a major disaster, putting those who rely on power for medical purposes at risk, compromising our telecommunications networks, creating traffic hazards with signal outages, and threatening our water and sanitation infrastructure; and WHEREAS, the City of Saratoga experienced two public safety power shutoff events in October 2019, which required the City to deploy significant resources to ensure the safety of residents and timely communications on the planned outage; and WHEREAS, the City of Saratoga Wildfire Public Safety Task Force has reviewed Assembly Bill (AB) 2178 and determined that it recognizes that planned deenergization events are comparable to a disaster and response efforts may exceed the available resources of a jurisdiction impacted by the outage by allowing local agencies to declare a local emergency for a planned deenergization event and would allow cities and counties to respond to power shutoffs more effectively and seek financial assistance from the State to recover response costs; and WHEREAS, the City of Saratoga Wildfire Public Safety Task Force has recommended that the City Council support this bill. NOW, THEREFORE BE IT RESOLVED,that the City Council of the City of Saratoga does hereby support AB 2178 (Levine), encourages Saratoga community members to express their thoughts on this bill to their State representatives, and urges the California State Legislature to adopt and the Governor of California to sign this bill into law. The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 19th day of August 2020 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Howard A. Miller, Mayor ATTEST: DATE: Debbie Bretschneider, City Clerk 1274956.1 299 RESOLUTION NO. 20-____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA IN SUPPORT OF ASSEMBLY BILL 3256 (GARCIA, EDUARDO) ECONOMIC RECOVERY, WILDFIRE PREVENTION, SAFE DRINKING WATER, DROUGHT PREPARATION, AND FLOOD PROTECTION BOND ACT OF 2020 WHEREAS, California has seen some of the most devastating wildfires in United States history in recent years; and WHEREAS, it is becoming clear that significant investment in wildfire prevention and mitigation is needed as we learn more about the cause of the recent wildfires; and WHEREAS, the City of Saratoga Wildfire Public Safety Task Force has reviewed Assembly Bill (AB) 3256 and determined that it would authorize issuance of more than $6.9 billion in General Obligation bonds to fund economic recovery, wildfire prevention, safe drinking water, drought preparation, and flood protection programs and projects and that of the $6.9 billion, a total of $1.6 billion would be dedicated to wildfire prevention and climate risk reduction; and WHEREAS, the City of Saratoga Wildfire Public Safety Task Force has recommended that the City Council support this bill. NOW, THEREFORE BE IT RESOLVED,that the City Council of the City of Saratoga does hereby support AB 3256 (Garcia, Eduardo), encourages Saratoga community members to express their thoughts on this bill to their State representatives, and urges the California State Legislature to adopt and the Governor of California to sign this bill into law. The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 19th day of August 2020 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Howard A. Miller, Mayor ATTEST: DATE: Debbie Bretschneider, City Clerk 1274967.1 300 RESOLUTION NO. 20-____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA IN SUPPORT OF SENATE BILL 431 (MCGUIRE) TELECOMMUNICATIONS SERVICE: BACKUP ELECTRICAL SUPPLY RULES WHEREAS, California has seen some of the most devastating wildfires in United States history in recent years; and WHEREAS, California’s wildfires have caused loss of critical telecommunications infrastructure and also resulted in planned public safety power shutoffs when there is a high risk of wildfire, which has also threated the reliability of essential communication tools; and WHEREAS, the City of Saratoga Wildfire Public Safety Task Force has reviewed Senate Bill (SB) 431 and determined that it would require backup power systems for cell tower sites where feasible in high fire risk areas that can power the tower site for a minimum of 72 hours and would also require customer notification when backup power systems are low or when the transceiver system can no longer be supported by the backup power system; and WHEREAS, adopting SB 431 would help ensure residents and emergency responders have access to reliable telephone services during an emergency or planned power outages, which are expected to be more and more common; and WHEREAS, the City of Saratoga Wildfire Public Safety Task Force has recommended that the City Council support this bill. NOW, THEREFORE BE IT RESOLVED,that the City Council of the City of Saratoga does hereby support SB 431 (McGuire), encourages Saratoga community members to express their thoughts on this bill to their State representatives, and urges the California State Legislature to adopt and the Governor of California to sign this bill into law. The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 19th day of August 2020 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Howard A. Miller, Mayor ATTEST: DATE: Debbie Bretschneider, City Clerk 1274975.1 301 SARATOGA CITY COUNCIL MEETING DATE:August 19, 2020 DEPARTMENT:City Manager’s Department PREPARED BY:Debbie Bretschneider, CMC, City Clerk SUBJECT:Designation of League of California Cities Annual Conference Voting Delegate and Alternates RECOMMENDED ACTION: Designate the City of Saratoga voting delegate and alternate voting delegate(s) for the 2020 League of California Cities Annual Conference. BACKGROUND: The League of California Cities Annual Conference will take place virtually October 7-9, 2020. The League will conduct its Annual Business Meeting on October 9. During the meeting, members take action on resolutions that establish League policy. Each member city is asked to designate a voting delegate and up to two alternate voting delegates. Delegates and alternates must be registered to attend the Annual Conference. Registration is expected to open soon and will be $50 per person. The League of California Cities requires that cities submit the names of their designated voter and alternates by Friday, August 31, 2020. Additional information about the conference is available online at http://www.cacities.org/Education-Events/Annual-Conference. Letter from the League of California Cities on the virtual Conference: https://www.cacities.org/Top/News/News-Articles/2020/July/League-of-California-Cities- Planning-a-Virtually-R ATTACHMENTS: Attachment A –League of California Cities Letter on Annual Conference Designated Voters and Alternates 302 303 304 305