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HomeMy WebLinkAbout02-17-2021 Council Agenda packetSaratoga City Council Agenda – February 17, 2021 – Page 1 of 6 SARATOGA CITY COUNCIL REGULAR MEETING FEBRUARY 17, 2021 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 Joint Meeting by: 1. Using the Zoom website https://us02web.zoom.us/j/83872519659 or App (Webinar ID 838 7251 9659) 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 (838 7251 9659), 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/82209797757 or App (Webinar ID 822 0979 7757) 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 (822 0979 7757), 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), calling 1.669.900.6833 or 1.408.638.0968, entering the Webinar ID (822 0979 7757 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 (822 0979 7757), 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. Saratoga City Council Agenda – February 17, 2021 – Page 2 of 6 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. 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/83872519659 or App (Webinar ID 838 7251 9659) 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 (838 7251 9659), and pressing *9 to raise their hand to speak on an agenda item when directed by the Mayor. Joint Meeting with Saratoga Area Senior Coordinating Council 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/82209797757 or App (Webinar ID 822 0979 7757) 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 (822 0979 7757), 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), calling 1.669.900.6833 or 1.408.638.0968, entering the Webinar ID (822 0979 7757 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 (822 0979 7757), 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 February 12, 2021. REPORT FROM JOINT MEETING Saratoga City Council Agenda – February 17, 2021 – Page 3 of 6 ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS Any member of the public may address the City Council for up to three (3) minutes on matters not on the Agenda. The law generally prohibits the City Council from discussing or taking action on such items. However, the Council may instruct staff accordingly. ANNOUNCEMENTS CEREMONIAL ITEMS Appointment of Parks & Recreation Commissioner and Traffic Safety Commissioner Recommended Action: Approve the resolution appointing 1 member to the Parks & Recreation Commission and appointing 1 member to the Traffic Safety Commission and direct the City Clerk to administer the Oath of Office. Commendations for Science Fair Winners Recommended Action: Present commendations to the 2020 Synopsys Silicon Valley Science and Technology Championship Science Fair participants who live in Saratoga. 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 Special City Council Meeting on January 25, 2021 and the Regular City Council Meeting on February 3, 2021. 1.2. Review of Accounts Payable and Check Registers Recommended Action: Review and accept check registers for the following accounts payable payment cycles: 02/03/21 Period 8; 2/10/21 Period 8: 2. PUBLIC HEARING None 3. GENERAL BUSINESS 3.1. San Jose Water Company General Rate Case Application 21-01-003 Letter Recommended Action: Authorize submittal of letter from the City Council on San Jose Water Company General Rate Case Application 21-01-003. Saratoga City Council Agenda – February 17, 2021 – Page 4 of 6 3.2. Continental Circle Stabilization - Construction Observation Contract with Cotton, Shires and Associates, Inc. and Budget Resolution Recommended Action: 1.Approve construction observation contract with Cotton, Shires and Associates, Inc. (CSA) for Continental Circle roadway stabilization, in the amount of $36,860, and authorize the City Manager to execute the same. 2.Authorize staff to execute change orders to the contract up to $3,686. 3.Approve a budget resolution to appropriate $75,000 from the Mt Eden Erosion Repair CIP to complete the Continental Circle roadway stabilization construction. 3.3. City Council Term Limits Recommended Action: Staff recommends that the City Council receive this report and provide direction to staff. 3.4. City Council Strategic Goals Recommended Action: Direct staff accordingly. COUNCIL ASSIGNMENTS Mayor Yan Zhao Association of Bay Area Governments Cities Association of Santa Clara County-City Selection Committee Cities Association of Santa Clara County-Legislative Action Committee Cities Association of Santa Clara County Council Finance Committee Valley Transportation Authority (VTA) Policy Advisory Committee VTA State Route 85 Corridor Policy Advisory Board West Valley Mayors & Managers West Valley Sanitation District Vice Mayor Tina Walia Council Finance Committee KSAR Community Access TV Board Saratoga Area Senior Coordinating Council (SASCC) Silicon Valley Clean Energy Authority Board of Directors Saratoga Ministerial Association Council Member Rishi Kumar Santa Clara County Library Joint Powers Authority Santa Clara Valley Water District Commission West Valley Clean Water Program Authority West Valley Solid Waste Management Joint Powers Authority Council Member Kookie Fitzsimmons Chamber of Commerce Hakone Foundation Board Saratoga City Council Agenda – February 17, 2021 – Page 5 of 6 Santa Clara County Housing and Community Development (HCD) Council Committee Saratoga Public Art Committee Sister City Organization Council Member Mary-Lynne Bernald Hakone Foundation Board & Executive Committee Santa Clara/Santa Cruz Airport/Community Roundtable Saratoga Public Art Committee Saratoga Historical Foundation CITY COUNCIL ITEMS COUNCIL COMMUNICATIONS CITY MANAGER'S REPORT ADJOURNMENT CERTIFICATE OF POSTING OF THE AGENDA, DISTRIBUTION OF THE AGENDA PACKET, COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT I, Debbie Bretschneider, CMC, City Clerk, for the City of Saratoga, declare that the foregoing agenda for the meeting of the City Council was posted and available for review on February 12, 2021 at the City of Saratoga, 13777 Fruitvale Avenue, Saratoga, California and on the City's website at www.saratoga.ca.us. Signed this 12th day of February 2021 at Saratoga, California. Debbie Bretschneider, CMC, City Clerk In accordance with the Ralph M. Brown Act, copies of the staff reports and other materials provided to the City Council by City staff in connection with this agenda, copies of materials distributed to the City Council concurrently with the posting of the agenda, and materials distributed to the City Council by staff after the posting of the agenda are available on the City Website at www.saratoga.ca.us. Following removal of State and local shelter in place orders these materials will be available for review in the office of the City Clerk at 13777 Fruitvale Avenue, Saratoga, California. In Compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting, please contact the City Clerk at debbieb@saratoga.ca.us or calling 408.868.1216 as soon as possible before the meeting. The City will use its best efforts to provide reasonable accommodations to provide as much accessibility as possible while also maintaining public safety. [28 CFR 35.102-35.104 ADA title II] Saratoga City Council Agenda – February 17, 2021 – Page 6 of 6 02/17 6:00 p.m. Joint Meeting with SASCC | 7:00 p.m. Regular Session 03/03 03/17 5:00 p.m. Commission Interviews – Planning Commission & Heritage Preservation Commission | 6:00 p.m. Retreat Study Session on Capital Improvement Plan (CIP) Budget Prioritization Process Review | 7:00 p.m. Regular Meeting 6:00 p.m. Joint Meeting with Chamber of Commerce | 7:00 p.m. Regular Session 03/30 03/31 6:00 p.m. Commission Work Plan Study Session with Heritage Preservation, Planning, Library, Traffic Safety, and Parks & Recreation Commissions in Senior Center. 6:00 p.m. Study Session on CIP Budget 04/07 6:00 p.m. Study Session on Mayoral Rotation Policy | 7:00 p.m. Regular Session 04/21 04/27 6:00 p.m. Joint Meeting with Planning Commission | 7:00 p.m. Regular Session 6:00 p.m. Special Meeting – Study Session on Fiscal Year 2021/22 Budget 05/04 5:00 p.m. Special Meeting – Commission Interviews – Youth Commission (time tentative) 05/05 6:00 p.m. Joint Meeting with Montalvo Arts | 7:00 p.m. Regular Session 05/19 6:00 p.m. Joint Meeting with Board of Supervisor Joe Simitian | 7:00 p.m. Regular Session 06/02 5:30 p.m. Joint Meeting with Saratoga Neighborhoods & Neighborhood Watch, Joan Pisani Community Center, Multipurpose Room | 7:00 p.m. Regular Session 06/16 5:00 p.m. Joint Meeting with Santa Clara County Fire | 6:00 p.m. Joint Meeting with Silicon Valley Leadership Group | 7:00 p.m. Regular Session 07/07 5:00 p.m. Closed Session | 6:00 p.m. Study Session on E-Communications Policy | 7:00 p.m. Regular Session 07/21 Tentative -No Meeting - Recess 08/04 Tentative -No Meeting - Recess 08/18 5:00 p.m. Closed Session | 6:00 p.m. Joint Meeting with Hakone Board | 7:00 p.m. Regular Session 09/01 5:00 p.m. Commission Interviews – Library& Community Engagement Commission & Parks & Recreation Commission | 6:00 p.m. Joint Meeting with Historical Foundation | 7:00 p.m. Regular Session 09/15 5:00 p.m. Study Session on Rules of Parliamentary Procedure | 6:00 p.m. Joint Meeting with Youth Commission | 7:00 p.m. Regular Session 10/06 5:00 p.m. Joint Meeting with Mountain Winery | 6:00 p.m. Joint Meeting with Sheriff’s Office | 7:00 p.m. Regular Session 10/20 6:00 p.m. Joint Meeting with West Valley – Mission Community College District Board of Trustees | 7:00 p.m. Regular Session 11/03 5:30 p.m. Joint Meeting with Saratoga Schools | 7:00 p.m. Regular Session 11/17 5:00 p.m. Joint Meeting with Los Gatos Saratoga Recreation | 6:00 p.m. Joint Meeting with State Senator Dave Cortese | 7:00 p.m. Regular Session 12/01 5:00 p.m. Commission Interviews – Heritage Preservation Commission & Traffic Safety Commission | 6:00 p.m. Joint Meeting with Assembly Member Low | 7:00 p.m. City Council Reorganization | Regular Session 12/15 6:00 p.m. Study Session on City Council Norms | 7:00 p.m. Regular Session CITY OF SARATOGA CITY COUNCIL MEETING CALENDAR 2021 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 SARATOGA AREA SENIOR COORDINATING COUNCIL (SASCC) February 17, 2021 6:00 p.m. –6:45 p.m. Virtual Meeting General Public Zoom Access: https://us02web.zoom.us/j/83872519659 Webinar ID: 838 7251 9659 Or Dial:1.408.638.0968 or 1.669.900.6833 and enter Webinar ID (City Council, SASCC, and staff will receive separate access information) Discussion Topics Introductions Updates Other Remarks & Wrap Up 5 SARATOGA CITY COUNCIL MEETING DATE:February 17, 2021 DEPARTMENT:City Manager’s Department PREPARED BY:Debbie Bretschneider, CMC, City Clerk SUBJECT:Appointment of Parks & Recreation Commissioner and Traffic Safety Commissioner RECOMMENDED ACTION: Approve the resolution appointing 1 member to the Parks & Recreation Commission and appointing 1 member to the Traffic Safety Commission and direct the City Clerk to administer the Oath of Office. BACKGROUND: In May 2020, the City opened a recruitment for one partial term on the Parks & Recreation Commission for term ending on September 30, 2022. No applicants were selected in the December 2020 interviews, so the recruitment was extended until January 19, 2021. One application was received. Interviews were conducted on February 3, 2021. In August 2020, the City opened a recruitment for one full term on the Traffic Safety Commission for term ending on December 31, 2024. No applicants had attended a Commission meeting by the December 2020 interviews, so the recruitment was extended until January 19, 2021. One application was received. Interviews were conducted on February 3, 2021. The City Council selected the following applicants to serve on the Commissions: Name Commission Term Yanfeng Anna Huang Parks & Recreation Commission January 1, 2021 to September 30, 2022 Chi-Kuang Chu Traffic Safety Commission January 1, 2021 to December 31, 2024 ATTACHMENTS: Attachment A –Resolution of Appointment Attachment B –Oath of Office 6 RESOLUTION NO. 21-___ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPOINTING MEMBER TO THE SARATOGA PARKS & RECREATION COMMISSION AND A MEMBER TO THE SARATOGA TRAFFIC SAFETY COMMISSION WHEREAS, one vacancy was created on the Parks & Recreation Commission from the resignation of Sandy Muju; WHEREAS, one vacancy was created on the Traffic Safety Commission from the end of the term of David McIntyre; WHEREAS, the City announced the vacancy for Parks & Recreation Commission in May 2020, accepted applications until November 17, 2020 and the City Council conducted interviews on December 2, 2020, but the Council did not appoint a Commissioner, and a second recruitment accepted applications until January 19, 2021 and the City Council conducted interviews on February 3, 2021; WHEREAS, the City announced the vacancy for Traffic Safety Commission in August 2020, accepted applications until November 17, 2020 and there were no qualified applicants, and a second recruitment accepted applications until January 19, 2021 and the City Council conducted interviews on February 3, 2021. NOW, THEREFORE,the City Council of the City of Saratoga hereby resolves that the following individual is appointed to the following terms: Name Commission Term Yanfeng Anna Huang Parks & Recreation Commission January 1, 2021 to September 30, 2022 Chi-Kuang Chu Traffic Safety Commission January 1, 2021 to December 31, 2024 The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 17 th day of February 2021 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Yan Zhao, Mayor Attest: Debbie Bretschneider, CMC, City Clerk 7 STATE OF CALIFORNIA COUNTY OF SANTA CLARA I, Yanfeng Anna Huang, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter. Yanfeng Anna Huang, Member Parks & Recreation Commission Subscribed and sworn to before me on this 17th day of February 2021. Debbie Bretschneider, CMC City Clerk of Saratoga 8 STATE OF CALIFORNIA COUNTY OF SANTA CLARA I, Chi-Kuang Chu, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter. Chi-Kuang Chu, Member Traffic Safety Commission Subscribed and sworn to before me on this 17th day of February 2021. Debbie Bretschneider, CMC City Clerk of Saratoga 9 10 SARATOGA CITY COUNCIL MEETING DATE:February 17, 2021 DEPARTMENT:City Manager’s Department PREPARED BY:Debbie Bretschneider, CMC, City Clerk SUBJECT:Commendations for Science Fair Winners RECOMMENDED ACTION: Present commendations to the 2020 Synopsys Silicon Valley Science and Technology Championship Science Fair participants who live in Saratoga. BACKGROUND: A group of dedicated citizens and educators produce the Synopsys Silicon Valley Science and Engineering Championship, which takes place every year. The annual Synopsys Silicon Valley Science and Technology Championship showcase the knowledge of science, technology, engineering, and mathematics of students in Santa Clara County. The participants of the 2020 Synopsys Silicon Valley Science and Engineering Championship who live in Saratoga will be receiving commendations. ATTACHMENTS: Attachment A -Commendations for 2020 Synopsys Silicon Valley Science and Technology Championship Science Fair Participants 11 COMMENDATION OF THE CITY OF SARATOGA HONORING SYNOPSYS SILICON VALLEY SCIENCE AND TECHNOLOGY CHAMPIONSHIP PARTICIPANT AISHON BALASUBRAMANIAN WHEREAS, the annual Synopsys Silicon Valley Science and Technology Championship showcases the knowledge of science, technology, engineering, and mathematics of students in Santa Clara County; and WHEREAS, this regional competition celebrates achievement by middle and high school students; and WHEREAS, through the annual competition, hundreds of Santa Clara County’s students are challenged to go beyond their classroom studies to do independent project-based research; and WHEREAS, students work independently or in teams to address questions in the fields of Computer Science, Environmental Science, Medicine & Health, Chemistry, Biology, and a half dozen other categories; and WHEREAS, the Synopsys Championship produces winners that often go on to compete and win in other state and national competitions, including the California State Science Fair and Broadcom Masters; and WHEREAS, Aishon Balasubramanian won 1st place at the Synopsys Science Championship for “Invasive Species Detector: A Novel, Portable Approach with Deep Learning”; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SARATOGA DOES HEREBY recognize the importance of science and engineering by giving commendations to participants in the Synopsys Science Fair and applauds Aishon Balasubramanian’s achievements. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 17th day of February 2021. ______________________ Yan Zhao, Mayor City of Saratoga 12 COMMENDATION OF THE CITY OF SARATOGA HONORING SYNOPSYS SILICON VALLEY SCIENCE AND TECHNOLOGY CHAMPIONSHIP PARTICIPANT SHAWNUK BALLAL WHEREAS, the annual Synopsys Silicon Valley Science and Technology Championship showcases the knowledge of science, technology, engineering, and mathematics of students in Santa Clara County; and WHEREAS, this regional competition celebrates achievement by middle and high school students; and WHEREAS, through the annual competition, hundreds of Santa Clara County’s students are challenged to go beyond their classroom studies to do independent project-based research; and WHEREAS, students work independently or in teams to address questions in the fields of Computer Science, Environmental Science, Medicine & Health, Chemistry, Biology, and a half dozen other categories; and WHEREAS, the Synopsys Championship produces winners that often go on to compete and win in other state and national competitions, including the California State Science Fair and Broadcom Masters; and WHEREAS, Shawnuk Ballal won a Special Award at the Synopsys Science Championship for “Designing a hand warmer using oxidation of easily available materials”; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SARATOGA DOES HEREBY recognize the importance of science and engineering by giving commendations to participants in the Synopsys Science Fair and applauds Shawnuk Ballal’s achievements. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 17th day of February 2021. ______________________ Yan Zhao, Mayor City of Saratoga 13 COMMENDATION OF THE CITY OF SARATOGA HONORING SYNOPSYS SILICON VALLEY SCIENCE AND TECHNOLOGY CHAMPIONSHIP PARTICIPANT NIHARIKA BOZZA WHEREAS, the annual Synopsys Silicon Valley Science and Technology Championship showcases the knowledge of science, technology, engineering, and mathematics of students in Santa Clara County; and WHEREAS, this regional competition celebrates achievement by middle and high school students; and WHEREAS, through the annual competition, hundreds of Santa Clara County’s students are challenged to go beyond their classroom studies to do independent project-based research; and WHEREAS, students work independently or in teams to address questions in the fields of Computer Science, Environmental Science, Medicine & Health, Chemistry, Biology, and a half dozen other categories; and WHEREAS, the Synopsys Championship produces winners that often go on to compete and win in other state and national competitions, including the California State Science Fair and Broadcom Masters; and WHEREAS, Niharika Bozza won an Honorable Mention at the Synopsys Science Championship for “Using Deep Learning and Image Recognition to Effectively Categorize and Dispose of Waste”; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SARATOGA DOES HEREBY recognize the importance of science and engineering by giving commendations to participants in the Synopsys Science Fair and applauds Niharika Bozza’s achievements. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 17th day of February 2021. ______________________ Yan Zhao, Mayor City of Saratoga 14 COMMENDATION OF THE CITY OF SARATOGA HONORING SYNOPSYS SILICON VALLEY SCIENCE AND TECHNOLOGY CHAMPIONSHIP PARTICIPANT HARSH DEEP WHEREAS, the annual Synopsys Silicon Valley Science and Technology Championship showcases the knowledge of science, technology, engineering, and mathematics of students in Santa Clara County; and WHEREAS, this regional competition celebrates achievement by middle and high school students; and WHEREAS, through the annual competition, hundreds of Santa Clara County’s students are challenged to go beyond their classroom studies to do independent project-based research; and WHEREAS, students work independently or in teams to address questions in the fields of Computer Science, Environmental Science, Medicine & Health, Chemistry, Biology, and a half dozen other categories; and WHEREAS, the Synopsys Championship produces winners that often go on to compete and win in other state and national competitions, including the California State Science Fair and Broadcom Masters; and WHEREAS, Harsh Deep won 1st place at the Synopsys Science Championship for “Using Generative Adversarial Networks to Develop Novel Inhibitors of Carcinomas.”; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SARATOGA DOES HEREBY recognize the importance of science and engineering by giving commendations to participants in the Synopsys Science Fair and applauds Harsh Deep’s achievements. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 17th day of February 2021. ______________________ Yan Zhao, Mayor City of Saratoga 15 COMMENDATION OF THE CITY OF SARATOGA HONORING SYNOPSYS SILICON VALLEY SCIENCE AND TECHNOLOGY CHAMPIONSHIP PARTICIPANT AMRUTA DHARMAPURI WHEREAS, the annual Synopsys Silicon Valley Science and Technology Championship showcases the knowledge of science, technology, engineering, and mathematics of students in Santa Clara County; and WHEREAS, this regional competition celebrates achievement by middle and high school students; and WHEREAS, through the annual competition, hundreds of Santa Clara County’s students are challenged to go beyond their classroom studies to do independent project-based research; and WHEREAS, students work independently or in teams to address questions in the fields of Computer Science, Environmental Science, Medicine & Health, Chemistry, Biology, and a half dozen other categories; and WHEREAS, the Synopsys Championship produces winners that often go on to compete and win in other state and national competitions, including the California State Science Fair and Broadcom Masters; and WHEREAS, Amruta Dharmapuri won 2nd place at the Synopsys Science Championship for “Machine Learning Aided Classification and Mechanical Sorting of Waste Material”; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SARATOGA DOES HEREBY recognize the importance of science and engineering by giving commendations to participants in the Synopsys Science Fair and applauds Amruta Dharmapuri’s achievements. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 17th day of February 2021. ______________________ Yan Zhao, Mayor City of Saratoga 16 COMMENDATION OF THE CITY OF SARATOGA HONORING SYNOPSYS SILICON VALLEY SCIENCE AND TECHNOLOGY CHAMPIONSHIP PARTICIPANT AVANTIKA GOKULNATHA WHEREAS, the annual Synopsys Silicon Valley Science and Technology Championship showcases the knowledge of science, technology, engineering, and mathematics of students in Santa Clara County; and WHEREAS, this regional competition celebrates achievement by middle and high school students; and WHEREAS, through the annual competition, hundreds of Santa Clara County’s students are challenged to go beyond their classroom studies to do independent project-based research; and WHEREAS, students work independently or in teams to address questions in the fields of Computer Science, Environmental Science, Medicine & Health, Chemistry, Biology, and a half dozen other categories; and WHEREAS, the Synopsys Championship produces winners that often go on to compete and win in other state and national competitions, including the California State Science Fair and Broadcom Masters; and WHEREAS, Avantika Gokulnatha won an Honorable Mention at the Synopsys Science Championship for “Exploring the Evolution and Function of NPG1 Gene through Tomato Domestication History”; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SARATOGA DOES HEREBY recognize the importance of science and engineering by giving commendations to participants in the Synopsys Science Fair and applauds Avantika Gokulnatha’s achievements. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 17th day of February 2021. ______________________ Yan Zhao, Mayor City of Saratoga 17 COMMENDATION OF THE CITY OF SARATOGA HONORING SYNOPSYS SILICON VALLEY SCIENCE AND TECHNOLOGY CHAMPIONSHIP PARTICIPANT RAMIT RAJAN GOYAL WHEREAS, the annual Synopsys Silicon Valley Science and Technology Championship showcases the knowledge of science, technology, engineering, and mathematics of students in Santa Clara County; and WHEREAS, this regional competition celebrates achievement by middle and high school students; and WHEREAS, through the annual competition, hundreds of Santa Clara County’s students are challenged to go beyond their classroom studies to do independent project-based research; and WHEREAS, students work independently or in teams to address questions in the fields of Computer Science, Environmental Science, Medicine & Health, Chemistry, Biology, and a half dozen other categories; and WHEREAS, the Synopsys Championship produces winners that often go on to compete and win in other state and national competitions, including the California State Science Fair and Broadcom Masters; and WHEREAS, Ramit Rajan Goyal won 1st place at the Synopsys Science Championship for “ForesAIght: Machine Learning powered Assistant for the Visually Impaired”; and a Special Award for “Association for Computing Machinery, San Francisco Bay Area Professional Chapter - Grand Prize Student Award: $320 and Certificate of Achievement”; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SARATOGA DOES HEREBY recognize the importance of science and engineering by giving commendations to participants in the Synopsys Science Fair and applauds Ramit Rajan Goyal’s achievements. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 17th day of February 2021. ______________________ Yan Zhao, Mayor City of Saratoga 18 COMMENDATION OF THE CITY OF SARATOGA HONORING SYNOPSYS SILICON VALLEY SCIENCE AND TECHNOLOGY CHAMPIONSHIP PARTICIPANT BRANDON GUO WHEREAS, the annual Synopsys Silicon Valley Science and Technology Championship showcases the knowledge of science, technology, engineering, and mathematics of students in Santa Clara County; and WHEREAS, this regional competition celebrates achievement by middle and high school students; and WHEREAS, through the annual competition, hundreds of Santa Clara County’s students are challenged to go beyond their classroom studies to do independent project-based research; and WHEREAS, students work independently or in teams to address questions in the fields of Computer Science, Environmental Science, Medicine & Health, Chemistry, Biology, and a half dozen other categories; and WHEREAS, the Synopsys Championship produces winners that often go on to compete and win in other state and national competitions, including the California State Science Fair and Broadcom Masters; and WHEREAS, Brandon Guo won 1st place at the Synopsys Science Championship for “Hamiltonian Cycles Generating Eulerian Polytopes: A Computer-Inspired Analysis.”; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SARATOGA DOES HEREBY recognize the importance of science and engineering by giving commendations to participants in the Synopsys Science Fair and applauds Brandon Guo’s achievements. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 17th day of February 2021. ______________________ Yan Zhao, Mayor City of Saratoga 19 COMMENDATION OF THE CITY OF SARATOGA HONORING SYNOPSYS SILICON VALLEY SCIENCE AND TECHNOLOGY CHAMPIONSHIP PARTICIPANT ISHA JAGADISH WHEREAS, the annual Synopsys Silicon Valley Science and Technology Championship showcases the knowledge of science, technology, engineering, and mathematics of students in Santa Clara County; and WHEREAS, this regional competition celebrates achievement by middle and high school students; and WHEREAS, through the annual competition, hundreds of Santa Clara County’s students are challenged to go beyond their classroom studies to do independent project-based research; and WHEREAS, students work independently or in teams to address questions in the fields of Computer Science, Environmental Science, Medicine & Health, Chemistry, Biology, and a half dozen other categories; and WHEREAS, the Synopsys Championship produces winners that often go on to compete and win in other state and national competitions, including the California State Science Fair and Broadcom Masters; and WHEREAS, Isha Jagadish won an Honorable Mention at the Synopsys Science Championship for “Improving Awareness of the Visually Impaired with a Wearable Device Using Computer Vision, AI, and a Voice-Driven App”; and a Special Award for “ASEI Silicon Valley Emerging Technology Membership to American Society of Engineers of Indian Origin”; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SARATOGA DOES HEREBY recognize the importance of science and engineering by giving commendations to participants in the Synopsys Science Fair and applauds Isha Jagadish’s achievements. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 17th day of February 2021. ______________________ Yan Zhao, Mayor City of Saratoga 20 COMMENDATION OF THE CITY OF SARATOGA HONORING SYNOPSYS SILICON VALLEY SCIENCE AND TECHNOLOGY CHAMPIONSHIP PARTICIPANT TIM JING WHEREAS, the annual Synopsys Silicon Valley Science and Technology Championship showcases the knowledge of science, technology, engineering, and mathematics of students in Santa Clara County; and WHEREAS, this regional competition celebrates achievement by middle and high school students; and WHEREAS, through the annual competition, hundreds of Santa Clara County’s students are challenged to go beyond their classroom studies to do independent project-based research; and WHEREAS, students work independently or in teams to address questions in the fields of Computer Science, Environmental Science, Medicine & Health, Chemistry, Biology, and a half dozen other categories; and WHEREAS, the Synopsys Championship produces winners that often go on to compete and win in other state and national competitions, including the California State Science Fair and Broadcom Masters; and WHEREAS, Tim Jing won 1st place at the Synopsys Science Championship for “Predicting Pandemics: Optimizing Prophylactic Models for MDR-TB, SARS, MERS, and other Potential Respiratory Pandemics”; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SARATOGA DOES HEREBY recognize the importance of science and engineering by giving commendations to participants in the Synopsys Science Fair and applauds Tim Jing’s achievements. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 17th day of February 2021. ______________________ Yan Zhao, Mayor City of Saratoga 21 COMMENDATION OF THE CITY OF SARATOGA HONORING SYNOPSYS SILICON VALLEY SCIENCE AND TECHNOLOGY CHAMPIONSHIP PARTICIPANT ISHAN KAR WHEREAS, the annual Synopsys Silicon Valley Science and Technology Championship showcases the knowledge of science, technology, engineering, and mathematics of students in Santa Clara County; and WHEREAS, this regional competition celebrates achievement by middle and high school students; and WHEREAS, through the annual competition, hundreds of Santa Clara County’s students are challenged to go beyond their classroom studies to do independent project-based research; and WHEREAS, students work independently or in teams to address questions in the fields of Computer Science, Environmental Science, Medicine & Health, Chemistry, Biology, and a half dozen other categories; and WHEREAS, the Synopsys Championship produces winners that often go on to compete and win in other state and national competitions, including the California State Science Fair and Broadcom Masters; and WHEREAS, Ishan Kar won an Honorable Mention at the Synopsys Science Championship for “A new method to compute Hadamard product of two rational functions”; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SARATOGA DOES HEREBY recognize the importance of science and engineering by giving commendations to participants in the Synopsys Science Fair and applauds Ishan Kar’s achievements. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 17th day of February 2021. ______________________ Yan Zhao, Mayor City of Saratoga 22 COMMENDATION OF THE CITY OF SARATOGA HONORING SYNOPSYS SILICON VALLEY SCIENCE AND TECHNOLOGY CHAMPIONSHIP PARTICIPANT KRITHI KOODLI WHEREAS, the annual Synopsys Silicon Valley Science and Technology Championship showcases the knowledge of science, technology, engineering, and mathematics of students in Santa Clara County; and WHEREAS, this regional competition celebrates achievement by middle and high school students; and WHEREAS, through the annual competition, hundreds of Santa Clara County’s students are challenged to go beyond their classroom studies to do independent project-based research; and WHEREAS, students work independently or in teams to address questions in the fields of Computer Science, Environmental Science, Medicine & Health, Chemistry, Biology, and a half dozen other categories; and WHEREAS, the Synopsys Championship produces winners that often go on to compete and win in other state and national competitions, including the California State Science Fair and Broadcom Masters; and WHEREAS, Krithi Koodli won 2nd place at the Synopsys Science Championship for “Predicting the Intractable Coefficients in the Equations of Orbits of Celestial Bodies using Learning Algorithms”; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SARATOGA DOES HEREBY recognize the importance of science and engineering by giving commendations to participants in the Synopsys Science Fair and applauds Krithi Koodli’s achievements. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 17th day of February 2021. ______________________ Yan Zhao, Mayor City of Saratoga 23 COMMENDATION OF THE CITY OF SARATOGA HONORING SYNOPSYS SILICON VALLEY SCIENCE AND TECHNOLOGY CHAMPIONSHIP PARTICIPANT JORDAN SUN LABIO WHEREAS, the annual Synopsys Silicon Valley Science and Technology Championship showcases the knowledge of science, technology, engineering, and mathematics of students in Santa Clara County; and WHEREAS, this regional competition celebrates achievement by middle and high school students; and WHEREAS, through the annual competition, hundreds of Santa Clara County’s students are challenged to go beyond their classroom studies to do independent project-based research; and WHEREAS, students work independently or in teams to address questions in the fields of Computer Science, Environmental Science, Medicine & Health, Chemistry, Biology, and a half dozen other categories; and WHEREAS, the Synopsys Championship produces winners that often go on to compete and win in other state and national competitions, including the California State Science Fair and Broadcom Masters; and WHEREAS, Jordan Sun Labio won 1st place at the Synopsys Science Championship for “Passively Rotating Wind Turbine”; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SARATOGA DOES HEREBY recognize the importance of science and engineering by giving commendations to participants in the Synopsys Science Fair and applauds Joran Sun Labio’s achievements. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 17th day of February 2021. ______________________ Yan Zhao, Mayor City of Saratoga 24 COMMENDATION OF THE CITY OF SARATOGA HONORING SYNOPSYS SILICON VALLEY SCIENCE AND TECHNOLOGY CHAMPIONSHIP PARTICIPANT KAREN LEI WHEREAS, the annual Synopsys Silicon Valley Science and Technology Championship showcases the knowledge of science, technology, engineering, and mathematics of students in Santa Clara County; and WHEREAS, this regional competition celebrates achievement by middle and high school students; and WHEREAS, through the annual competition, hundreds of Santa Clara County’s students are challenged to go beyond their classroom studies to do independent project-based research; and WHEREAS, students work independently or in teams to address questions in the fields of Computer Science, Environmental Science, Medicine & Health, Chemistry, Biology, and a half dozen other categories; and WHEREAS, the Synopsys Championship produces winners that often go on to compete and win in other state and national competitions, including the California State Science Fair and Broadcom Masters; and WHEREAS, Karen Lei won a Special Award at the Synopsys Science Championship for “Characteristics and Identification of an Unknown 21 cm HI emission”; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SARATOGA DOES HEREBY recognize the importance of science and engineering by giving commendations to participants in the Synopsys Science Fair and applauds Karen Lei’s achievements. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 17th day of February 2021. ______________________ Yan Zhao, Mayor City of Saratoga 25 COMMENDATION OF THE CITY OF SARATOGA HONORING SYNOPSYS SILICON VALLEY SCIENCE AND TECHNOLOGY CHAMPIONSHIP PARTICIPANT AILEEN LIAO WHEREAS, the annual Synopsys Silicon Valley Science and Technology Championship showcases the knowledge of science, technology, engineering, and mathematics of students in Santa Clara County; and WHEREAS, this regional competition celebrates achievement by middle and high school students; and WHEREAS, through the annual competition, hundreds of Santa Clara County’s students are challenged to go beyond their classroom studies to do independent project-based research; and WHEREAS, students work independently or in teams to address questions in the fields of Computer Science, Environmental Science, Medicine & Health, Chemistry, Biology, and a half dozen other categories; and WHEREAS, the Synopsys Championship produces winners that often go on to compete and win in other state and national competitions, including the California State Science Fair and Broadcom Masters; and WHEREAS, Aileen Liao won an Honorable Mention at the Synopsys Science Championship for “Microscopic orientation of early stage post-traumatic osteoarthritic articular cartilage.”; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SARATOGA DOES HEREBY recognize the importance of science and engineering by giving commendations to participants in the Synopsys Science Fair and applauds Aileen Liao’s achievements. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 17th day of February 2021. ______________________ Yan Zhao, Mayor City of Saratoga 26 COMMENDATION OF THE CITY OF SARATOGA HONORING SYNOPSYS SILICON VALLEY SCIENCE AND TECHNOLOGY CHAMPIONSHIP PARTICIPANT SOPHIA W. LIU WHEREAS, the annual Synopsys Silicon Valley Science and Technology Championship showcases the knowledge of science, technology, engineering, and mathematics of students in Santa Clara County; and WHEREAS, this regional competition celebrates achievement by middle and high school students; and WHEREAS, through the annual competition, hundreds of Santa Clara County’s students are challenged to go beyond their classroom studies to do independent project-based research; and WHEREAS, students work independently or in teams to address questions in the fields of Computer Science, Environmental Science, Medicine & Health, Chemistry, Biology, and a half dozen other categories; and WHEREAS, the Synopsys Championship produces winners that often go on to compete and win in other state and national competitions, including the California State Science Fair and Broadcom Masters; and WHEREAS, Sophia W. Liu won 2nd place at the Synopsys Science Championship for “The effect of a metalloprotease inhibitor on the molting and mortality of C. elegans as an anti- aneurysmal growth model”; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SARATOGA DOES HEREBY recognize the importance of science and engineering by giving commendations to participants in the Synopsys Science Fair and applauds Sophia W. Liu’s achievements. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 17th day of February 2021. ______________________ Yan Zhao, Mayor City of Saratoga 27 COMMENDATION OF THE CITY OF SARATOGA HONORING SYNOPSYS SILICON VALLEY SCIENCE AND TECHNOLOGY CHAMPIONSHIP PARTICIPANT THOMAS LIU WHEREAS, the annual Synopsys Silicon Valley Science and Technology Championship showcases the knowledge of science, technology, engineering, and mathematics of students in Santa Clara County; and WHEREAS, this regional competition celebrates achievement by middle and high school students; and WHEREAS, through the annual competition, hundreds of Santa Clara County’s students are challenged to go beyond their classroom studies to do independent project-based research; and WHEREAS, students work independently or in teams to address questions in the fields of Computer Science, Environmental Science, Medicine & Health, Chemistry, Biology, and a half dozen other categories; and WHEREAS, the Synopsys Championship produces winners that often go on to compete and win in other state and national competitions, including the California State Science Fair and Broadcom Masters; and WHEREAS, Thomas Liu won an Honorable Mention at the Synopsys Science Championship for “A Novel, Least Invasive Way to Detect and Destroy Thrombosis”; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SARATOGA DOES HEREBY recognize the importance of science and engineering by giving commendations to participants in the Synopsys Science Fair and applauds Thomas Liu’s achievements. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 17th day of February 2021. ______________________ Yan Zhao, Mayor City of Saratoga 28 COMMENDATION OF THE CITY OF SARATOGA HONORING SYNOPSYS SILICON VALLEY SCIENCE AND TECHNOLOGY CHAMPIONSHIP PARTICIPANT HEIDI YUNDI LU WHEREAS, the annual Synopsys Silicon Valley Science and Technology Championship showcases the knowledge of science, technology, engineering, and mathematics of students in Santa Clara County; and WHEREAS, this regional competition celebrates achievement by middle and high school students; and WHEREAS, through the annual competition, hundreds of Santa Clara County’s students are challenged to go beyond their classroom studies to do independent project-based research; and WHEREAS, students work independently or in teams to address questions in the fields of Computer Science, Environmental Science, Medicine & Health, Chemistry, Biology, and a half dozen other categories; and WHEREAS, the Synopsys Championship produces winners that often go on to compete and win in other state and national competitions, including the California State Science Fair and Broadcom Masters; and WHEREAS, Heidi Yundi Lu won 1st place at the Synopsys Science Championship for “Developing a Method to Detect Circadian State From Gene Expression Through Machine Learning”; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SARATOGA DOES HEREBY recognize the importance of science and engineering by giving commendations to participants in the Synopsys Science Fair and applauds Heidi Yundi Lu’s achievements. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 17th day of February 2021. ______________________ Yan Zhao, Mayor City of Saratoga 29 COMMENDATION OF THE CITY OF SARATOGA HONORING SYNOPSYS SILICON VALLEY SCIENCE AND TECHNOLOGY CHAMPIONSHIP PARTICIPANT NIDHI MATHIHALLI WHEREAS, the annual Synopsys Silicon Valley Science and Technology Championship showcases the knowledge of science, technology, engineering, and mathematics of students in Santa Clara County; and WHEREAS, this regional competition celebrates achievement by middle and high school students; and WHEREAS, through the annual competition, hundreds of Santa Clara County’s students are challenged to go beyond their classroom studies to do independent project-based research; and WHEREAS, students work independently or in teams to address questions in the fields of Computer Science, Environmental Science, Medicine & Health, Chemistry, Biology, and a half dozen other categories; and WHEREAS, the Synopsys Championship produces winners that often go on to compete and win in other state and national competitions, including the California State Science Fair and Broadcom Masters; and WHEREAS, Nidhi Mathihalli won 1st place at the Synopsys Science Championship for “An Application to help the Visually Impaired read Money using AI/Machine Learning”; and a Special Award for “Association for Computing Machinery, San Francisco Bay Area Professional Chapter - Grand Prize Student Award: $320 and Certificate of Achievement”; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SARATOGA DOES HEREBY recognize the importance of science and engineering by giving commendations to participants in the Synopsys Science Fair and applauds Nidhi Mathihalli’s achievements. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 17th day of February 2021. ______________________ Yan Zhao, Mayor City of Saratoga 30 COMMENDATION OF THE CITY OF SARATOGA HONORING SYNOPSYS SILICON VALLEY SCIENCE AND TECHNOLOGY CHAMPIONSHIP PARTICIPANT KRISHAY MUKHIJA WHEREAS, the annual Synopsys Silicon Valley Science and Technology Championship showcases the knowledge of science, technology, engineering, and mathematics of students in Santa Clara County; and WHEREAS, this regional competition celebrates achievement by middle and high school students; and WHEREAS, through the annual competition, hundreds of Santa Clara County’s students are challenged to go beyond their classroom studies to do independent project-based research; and WHEREAS, students work independently or in teams to address questions in the fields of Computer Science, Environmental Science, Medicine & Health, Chemistry, Biology, and a half dozen other categories; and WHEREAS, the Synopsys Championship produces winners that often go on to compete and win in other state and national competitions, including the California State Science Fair and Broadcom Masters; and WHEREAS, Krishay Mukhija won 1st place at the Synopsys Science Championship for “Using Generative Adversarial Networks to Develop Novel Inhibitors of Carcinomas.”; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SARATOGA DOES HEREBY recognize the importance of science and engineering by giving commendations to participants in the Synopsys Science Fair and applauds Krishay Mukhija’s achievements. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 17th day of February 2021. ______________________ Yan Zhao, Mayor City of Saratoga 31 COMMENDATION OF THE CITY OF SARATOGA HONORING SYNOPSYS SILICON VALLEY SCIENCE AND TECHNOLOGY CHAMPIONSHIP PARTICIPANT NISHANT PERLA WHEREAS, the annual Synopsys Silicon Valley Science and Technology Championship showcases the knowledge of science, technology, engineering, and mathematics of students in Santa Clara County; and WHEREAS, this regional competition celebrates achievement by middle and high school students; and WHEREAS, through the annual competition, hundreds of Santa Clara County’s students are challenged to go beyond their classroom studies to do independent project-based research; and WHEREAS, students work independently or in teams to address questions in the fields of Computer Science, Environmental Science, Medicine & Health, Chemistry, Biology, and a half dozen other categories; and WHEREAS, the Synopsys Championship produces winners that often go on to compete and win in other state and national competitions, including the California State Science Fair and Broadcom Masters; and WHEREAS, Nishant Perla won a Special Award at the Synopsys Science Championship for “Yelp for Help!: A Disaster Relief App”; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SARATOGA DOES HEREBY recognize the importance of science and engineering by giving commendations to participants in the Synopsys Science Fair and applauds Nishant Perla’s achievements. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 17th day of February 2021. ______________________ Yan Zhao, Mayor City of Saratoga 32 COMMENDATION OF THE CITY OF SARATOGA HONORING SYNOPSYS SILICON VALLEY SCIENCE AND TECHNOLOGY CHAMPIONSHIP PARTICIPANT KAILASH MANI RANGANATHAN WHEREAS, the annual Synopsys Silicon Valley Science and Technology Championship showcases the knowledge of science, technology, engineering, and mathematics of students in Santa Clara County; and WHEREAS, this regional competition celebrates achievement by middle and high school students; and WHEREAS, through the annual competition, hundreds of Santa Clara County’s students are challenged to go beyond their classroom studies to do independent project-based research; and WHEREAS, students work independently or in teams to address questions in the fields of Computer Science, Environmental Science, Medicine & Health, Chemistry, Biology, and a half dozen other categories; and WHEREAS, the Synopsys Championship produces winners that often go on to compete and win in other state and national competitions, including the California State Science Fair and Broadcom Masters; and WHEREAS, Kailash Mani Ranganathan won 2nd place at the Synopsys Science Championship for “Improved Word Embedding Algorithms for Machine Translation of Indo- European Languages using Clustering”; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SARATOGA DOES HEREBY recognize the importance of science and engineering by giving commendations to participants in the Synopsys Science Fair and applauds Kailash Mani Ranganathan’s achievements. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 17th day of February 2021. ______________________ Yan Zhao, Mayor City of Saratoga 33 COMMENDATION OF THE CITY OF SARATOGA HONORING SYNOPSYS SILICON VALLEY SCIENCE AND TECHNOLOGY CHAMPIONSHIP PARTICIPANT GABE SACHSE WHEREAS, the annual Synopsys Silicon Valley Science and Technology Championship showcases the knowledge of science, technology, engineering, and mathematics of students in Santa Clara County; and WHEREAS, this regional competition celebrates achievement by middle and high school students; and WHEREAS, through the annual competition, hundreds of Santa Clara County’s students are challenged to go beyond their classroom studies to do independent project-based research; and WHEREAS, students work independently or in teams to address questions in the fields of Computer Science, Environmental Science, Medicine & Health, Chemistry, Biology, and a half dozen other categories; and WHEREAS, the Synopsys Championship produces winners that often go on to compete and win in other state and national competitions, including the California State Science Fair and Broadcom Masters; and WHEREAS, Gabe Sachse won 2nd place at the Synopsys Science Championship for “Which stat correlates best to run scoring in Major League Baseball”; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SARATOGA DOES HEREBY recognize the importance of science and engineering by giving commendations to participants in the Synopsys Science Fair and applauds Gabe Sachse’s achievements. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 17th day of February 2021. ______________________ Yan Zhao, Mayor City of Saratoga 34 COMMENDATION OF THE CITY OF SARATOGA HONORING SYNOPSYS SILICON VALLEY SCIENCE AND TECHNOLOGY CHAMPIONSHIP PARTICIPANT MUHAAB AHMED SYED WHEREAS, the annual Synopsys Silicon Valley Science and Technology Championship showcases the knowledge of science, technology, engineering, and mathematics of students in Santa Clara County; and WHEREAS, this regional competition celebrates achievement by middle and high school students; and WHEREAS, through the annual competition, hundreds of Santa Clara County’s students are challenged to go beyond their classroom studies to do independent project-based research; and WHEREAS, students work independently or in teams to address questions in the fields of Computer Science, Environmental Science, Medicine & Health, Chemistry, Biology, and a half dozen other categories; and WHEREAS, the Synopsys Championship produces winners that often go on to compete and win in other state and national competitions, including the California State Science Fair and Broadcom Masters; and WHEREAS, Muhaab Ahmed Syed won an Honorable Mention at the Synopsys Science Championship for “Effect Of Ceiling Height And Ventilation On Room Temperature”; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SARATOGA DOES HEREBY recognize the importance of science and engineering by giving commendations to participants in the Synopsys Science Fair and applauds Muhaab Ahmed Syed’s achievements. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 17th day of February 2021. ______________________ Yan Zhao, Mayor City of Saratoga 35 COMMENDATION OF THE CITY OF SARATOGA HONORING SYNOPSYS SILICON VALLEY SCIENCE AND TECHNOLOGY CHAMPIONSHIP PARTICIPANT THRESIAMMA JIJEN VAZHAEPARAMBIL WHEREAS, the annual Synopsys Silicon Valley Science and Technology Championship showcases the knowledge of science, technology, engineering, and mathematics of students in Santa Clara County; and WHEREAS, this regional competition celebrates achievement by middle and high school students; and WHEREAS, through the annual competition, hundreds of Santa Clara County’s students are challenged to go beyond their classroom studies to do independent project-based research; and WHEREAS, students work independently or in teams to address questions in the fields of Computer Science, Environmental Science, Medicine & Health, Chemistry, Biology, and a half dozen other categories; and WHEREAS, the Synopsys Championship produces winners that often go on to compete and win in other state and national competitions, including the California State Science Fair and Broadcom Masters; and WHEREAS, Thresiamma Jijen Vazhaeparambil won an Honorable Mention at the Synopsys Science Championship for “The Quantitative Measurement of Microplastics from Laundry Detergents and Fabric Samples using Fluorescence Spectroscopy”; and a Special Award for “SPV Market Research "Most Promising Young Scientist" - Exceptional Merit, Certificate”; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SARATOGA DOES HEREBY recognize the importance of science and engineering by giving commendations to participants in the Synopsys Science Fair and applauds Thresiamma Jijen Vazhaeparambil’s achievements. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 17th day of February 2021. ______________________ Yan Zhao, Mayor City of Saratoga 36 COMMENDATION OF THE CITY OF SARATOGA HONORING SYNOPSYS SILICON VALLEY SCIENCE AND TECHNOLOGY CHAMPIONSHIP PARTICIPANT CHARU VIJAY WHEREAS, the annual Synopsys Silicon Valley Science and Technology Championship showcases the knowledge of science, technology, engineering, and mathematics of students in Santa Clara County; and WHEREAS, this regional competition celebrates achievement by middle and high school students; and WHEREAS, through the annual competition, hundreds of Santa Clara County’s students are challenged to go beyond their classroom studies to do independent project-based research; and WHEREAS, students work independently or in teams to address questions in the fields of Computer Science, Environmental Science, Medicine & Health, Chemistry, Biology, and a half dozen other categories; and WHEREAS, the Synopsys Championship produces winners that often go on to compete and win in other state and national competitions, including the California State Science Fair and Broadcom Masters; and WHEREAS, Charu Vijay won an Honorable Mention at the Synopsys Science Championship for “Employing Enzymatic Degradation within a Novel, Mobile Machine to Remove Microplastics from Aquatic Environments.”; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SARATOGA DOES HEREBY recognize the importance of science and engineering by giving commendations to participants in the Synopsys Science Fair and applauds Charu Vijay’s achievements. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 17th day of February 2021. ______________________ Yan Zhao, Mayor City of Saratoga 37 COMMENDATION OF THE CITY OF SARATOGA HONORING SYNOPSYS SILICON VALLEY SCIENCE AND TECHNOLOGY CHAMPIONSHIP PARTICIPANT MICHELLE WEI WHEREAS, the annual Synopsys Silicon Valley Science and Technology Championship showcases the knowledge of science, technology, engineering, and mathematics of students in Santa Clara County; and WHEREAS, this regional competition celebrates achievement by middle and high school students; and WHEREAS, through the annual competition, hundreds of Santa Clara County’s students are challenged to go beyond their classroom studies to do independent project-based research; and WHEREAS, students work independently or in teams to address questions in the fields of Computer Science, Environmental Science, Medicine & Health, Chemistry, Biology, and a half dozen other categories; and WHEREAS, the Synopsys Championship produces winners that often go on to compete and win in other state and national competitions, including the California State Science Fair and Broadcom Masters; and WHEREAS, Michelle Wei won 2nd place at the Synopsys Science Championship for “Multi-planar Solar Panel Design for More Efficient and Accessible Green Energy”; and a Special Award for “SPV Market Research "Most Promising Young Scientist" - Most Promising Young Scientist (Female), $200 and Certificate (GR 6-8)”; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SARATOGA DOES HEREBY recognize the importance of science and engineering by giving commendations to participants in the Synopsys Science Fair and applauds Michelle Wei’s achievements. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 17th day of February 2021. ______________________ Yan Zhao, Mayor City of Saratoga 38 COMMENDATION OF THE CITY OF SARATOGA HONORING SYNOPSYS SILICON VALLEY SCIENCE AND TECHNOLOGY CHAMPIONSHIP PARTICIPANT ELLA YEE WHEREAS, the annual Synopsys Silicon Valley Science and Technology Championship showcases the knowledge of science, technology, engineering, and mathematics of students in Santa Clara County; and WHEREAS, this regional competition celebrates achievement by middle and high school students; and WHEREAS, through the annual competition, hundreds of Santa Clara County’s students are challenged to go beyond their classroom studies to do independent project-based research; and WHEREAS, students work independently or in teams to address questions in the fields of Computer Science, Environmental Science, Medicine & Health, Chemistry, Biology, and a half dozen other categories; and WHEREAS, the Synopsys Championship produces winners that often go on to compete and win in other state and national competitions, including the California State Science Fair and Broadcom Masters; and WHEREAS, Ella Yee won 2nd place at the Synopsys Science Championship for “Multi- planar Solar Panel Design for More Efficient and Accessible Green Energy”; and a Special Award for “SPV Market Research "Most Promising Young Scientist" - Most Promising Young Scientist (Female), $200 and Certificate (GR 6-8)”; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SARATOGA DOES HEREBY recognize the importance of science and engineering by giving commendations to participants in the Synopsys Science Fair and applauds Ella Yee’s achievements. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 17th day of February 2021. ______________________ Yan Zhao, Mayor City of Saratoga 39 COMMENDATION OF THE CITY OF SARATOGA HONORING SYNOPSYS SILICON VALLEY SCIENCE AND TECHNOLOGY CHAMPIONSHIP PARTICIPANT BRANDON ZAU WHEREAS, the annual Synopsys Silicon Valley Science and Technology Championship showcases the knowledge of science, technology, engineering, and mathematics of students in Santa Clara County; and WHEREAS, this regional competition celebrates achievement by middle and high school students; and WHEREAS, through the annual competition, hundreds of Santa Clara County’s students are challenged to go beyond their classroom studies to do independent project-based research; and WHEREAS, students work independently or in teams to address questions in the fields of Computer Science, Environmental Science, Medicine & Health, Chemistry, Biology, and a half dozen other categories; and WHEREAS, the Synopsys Championship produces winners that often go on to compete and win in other state and national competitions, including the California State Science Fair and Broadcom Masters; and WHEREAS, Brandon Zau won a Special Award at the Synopsys Science Championship for “The Effects of Pondweed on Plant Growth”; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SARATOGA DOES HEREBY recognize the importance of science and engineering by giving commendations to participants in the Synopsys Science Fair and applauds Brandon Zau’s achievements. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 17th day of February 2021. ______________________ Yan Zhao, Mayor City of Saratoga 40 COMMENDATION OF THE CITY OF SARATOGA HONORING SYNOPSYS SILICON VALLEY SCIENCE AND TECHNOLOGY CHAMPIONSHIP PARTICIPANT SALLY ZHU WHEREAS, the annual Synopsys Silicon Valley Science and Technology Championship showcases the knowledge of science, technology, engineering, and mathematics of students in Santa Clara County; and WHEREAS, this regional competition celebrates achievement by middle and high school students; and WHEREAS, through the annual competition, hundreds of Santa Clara County’s students are challenged to go beyond their classroom studies to do independent project-based research; and WHEREAS, students work independently or in teams to address questions in the fields of Computer Science, Environmental Science, Medicine & Health, Chemistry, Biology, and a half dozen other categories; and WHEREAS, the Synopsys Championship produces winners that often go on to compete and win in other state and national competitions, including the California State Science Fair and Broadcom Masters; and WHEREAS, Sally Zhu won 2nd place at the Synopsys Science Championship for “Supporting the Big Bang Theory by Measuring Cosmic Microwave Background Radiation in Distant Galaxies”; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SARATOGA DOES HEREBY recognize the importance of science and engineering by giving commendations to participants in the Synopsys Science Fair and applauds Sally Zhu’s achievements. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 17th day of February 2021. ______________________ Yan Zhao, Mayor City of Saratoga 41 COMMENDATION OF THE CITY OF SARATOGA HONORING SYNOPSYS SILICON VALLEY SCIENCE AND TECHNOLOGY CHAMPIONSHIP PARTICIPANT ETHAN ZUO WHEREAS, the annual Synopsys Silicon Valley Science and Technology Championship showcases the knowledge of science, technology, engineering, and mathematics of students in Santa Clara County; and WHEREAS, this regional competition celebrates achievement by middle and high school students; and WHEREAS, through the annual competition, hundreds of Santa Clara County’s students are challenged to go beyond their classroom studies to do independent project-based research; and WHEREAS, students work independently or in teams to address questions in the fields of Computer Science, Environmental Science, Medicine & Health, Chemistry, Biology, and a half dozen other categories; and WHEREAS, the Synopsys Championship produces winners that often go on to compete and win in other state and national competitions, including the California State Science Fair and Broadcom Masters; and WHEREAS, Ethan Zuo won an Honorable Mention at the Synopsys Science Championship for “Two-Phase Jet Impingement Cooling for Data Center High Power-Density Processors”; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SARATOGA DOES HEREBY recognize the importance of science and engineering by giving commendations to participants in the Synopsys Science Fair and applauds Ethan Zuo’s achievements. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 17th day of February 2021. ______________________ Yan Zhao, Mayor City of Saratoga 42 SARATOGA CITY COUNCIL MEETING DATE:February 17, 2021 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 Special City Council Meeting on January 25, 2021 and the Regular City Council Meeting on February 3, 2021. 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 Special City Council Meeting on January 25, 2021 Attachment B –Minutes for the Regular City Council Meeting on February 3, 2021 43 Saratoga City Council Minutes ~ January 25, 2021 ~ Page 1 of 4 MINUTES MONDAY, JANUARY 25, 2021 SARATOGA CITY COUNCIL SPECIAL MEETING CALL TO ORDER Mayor Zhao called the virtual Special Meeting to order at 6:01 p.m. via teleconferencing through Zoom. Prior to Roll Call, the Mayor and City Clerk explained that the City Council meeting was conducted pursuant to provisions of the Brown Act and a recent Executive Order issued by the Governor to facilitate teleconferencing to reduce the risk of COVID-19 transmission at public meetings. Ordinarily the Brown Act sets strict rules for teleconferencing. The Governor’s Executive Order has suspended those rules. The Executive Order does require that public agencies continue to notice meetings in advance and provide members of the public an opportunity to observe the meeting and offer public comment. The City Council met all of the applicable notice requirements and the public is welcome to participate in this meeting. Information on how the public can observe the meeting and provide public comment was also shared. Additionally, the Mayor explained that votes would be taken through roll call. ROLL CALL PRESENT:Mayor Yan Zhao, Vice Mayor Tina Walia, Council Members Rishi Kumar, Kookie Fitzsimmons, Mary-Lynne Bernald (All Council Members appearing via teleconference) ABSENT:None ALSO PRESENT:James Lindsay, City Manager Richard Taylor, City Attorney Crystal Bothelio, Assistant City Manager Debbie Bretschneider, City Clerk Debbie Pedro, Community Development Director John Cherbone, Public Works Director Mary Furey, Finance & Administrative Services Director Lauren Pettipiece, Public Information Officer (All staff members appearing via teleconference) City Clerk Debbie Bretschneider confirmed all City Council members could hear the meeting proceedings and no doubts were expressed regarding the identities of the individuals representing themselves as City Council Members. ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS None 44 Saratoga City Council Minutes ~ January 25, 2021 ~ Page 2 of 4 AGENDA ITEMS Housing Laws and New Legislation Update Richard Taylor, City Attorney, provided an overview of the legal environment for housing- related development applications, including State legislation adopted in 2020 and proposed for 2021. Topics included the Housing Accountability Act, the Density Bonus Law, streamlined Ministerial Approval (SB 35), the Housing Crisis Act of 2019, the Housing Element Law, and a review of Saratoga’s Measure G. He noted that the agenda packet included a summary of State legislation, including laws not related to housing, adopted in 2020 that may impact Saratoga. There was also an overview of an amendment to California’s Brown Act, AB 992, which clarifies social media rules for Council and Commission members. Mayor Zhao invited public comment on the item. The following people requested to speak: Jeffrey Schwartz suggested that public questions be accepted during the presentation. He asked who would be responsible for public work improvements under the Streamlined Ministerial Approval laws if the improvements are required by a project. City Attorney Richard Taylor responded that if the developer would normally be responsible for the cost of improvements, then the developer would continue to be responsible for those costs. Razi Mohiuddin asked about the voter approval requirements under Measure G and the increased intensity in residential areas that may be needed to reach the City of Saratoga Regional Housing Needs Assesment (RHNA) allocaton for the next Housing Element cycle. City Attorney Richard Tayor responded that Measure G includes provisions that exempt voter approval if an increase in intensity in a residential is needed to achieve a certified Housing Element. David McIntyre asked how these laws influenced the Quito Village project. City Attorney Richard Taylor responded that jurisdictions that fail to reach RHNA targets are subject to the Streamlined Ministerial Approval. Since Saratoga is subject to the law, the Quito Village project was allowed to be submitted under this law with only 10% of units qualifying as affordable. No one else requested to speak. Council Member Kumar suggested that residents should contact their State representatives to voice their opinions on legislation. 45 Saratoga City Council Minutes ~ January 25, 2021 ~ Page 3 of 4 WALIA/FITZSIMMONS MOVED TO ACCEPT THE REPORT ON HOUSING LAWS AND NEW LEGISLATION UPDATE. MOTION PASSED BY VERBAL ROLL CALL. AYES: BERNALD, FITZSIMMONS, KUMAR, WALIA, ZHAO. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. Mayor Zhao requested a break at 7:27 p.m. and resumed the meeting at 7:36 p.m. Housing Element Update Kick Off Debbie Pedro, Community Development Director, provided a staff report on the Housing Element Update Kick Off. Topics included a background on the Housing Element, the draft Bay Area RHNA methodology and allocations, the structure of the Housing Element, Building Site inventory, Community Priorities, and a timeline for Saratoga’s Housing Element. Mayor Zhao invited public comment on the item. The following people requested to speak: Doug Case suggested that the RHNA allocation be based on a multiplier or apportionment. He noted the significant increase in the RHNA allocation for the next Housing Element cycle compared the current cycle. Jeffrey Schwartz expressed frustration with the Housing Element process and said it reflects the efforts of the State and ABAG to force urbanization on cities and to homogenize cities. He asked how often housing production is evaluated to assess if the Streamlined Ministerial Approval law applies. Community Development Director Debbie Pedro responded that it is evaluated several times during the Housing Element cycle. Jojo Choi asked how does the State and ABAG account for market interest in housing development, if the State would force the City to rezone if unable to meet RHNA targets, and if there has been analysis of availability of undeveloped land in other cities. Community Development Director Debbie Pedro responded that all jurisdictions are seeing a significant increase in the draft RHNA allocations. The State and ABAG do not factor in availability of vacant land when RHNA allocations are decided. The goal of the State is to remove barriers to residential development and some of the State’s recent efforts reflect a perspective that local jurisdictions are partly at fault for lack of market interest for residential development. No one else requested to speak. City Manager James Lindsay spoke on the next steps on the Housing Element, which will include bringing an engagement strategy to the City Council for consideration. 46 Saratoga City Council Minutes ~ January 25, 2021 ~ Page 4 of 4 Council Member Kumar suggested that the City create a webpage with information on the Housing Element with information about the last 2 to 3 Housing Element cycles to provide a historical perspective on the process. He also emphasized the need to engage the entire community in the update process. He suggested that the City stay connected with other nearby cities, such as Cupertino, Los Gatos, and Campbell, that will face similar challenges in the Housing Element update. Vice Mayor Walia noted that the update to the Housing Element could fundamentally impact the character of Saratoga. If the City wants to retain its character and local control as much as possible, the City will need a certified Housing Element. She added that it will be important to engage the community as soon as possible. She proposed the engagement strategy come before the City Council in March. Council Member Fitzsimmons agreed that early engagement is important. Council Member Bernald agreed on the importance of early engagement and information sharing. She suggested that all Council Members could communicate with their constituents to sign up on the City website for updates after this project is on the website. Mayor Zhao agreed on the importance of early engagement. She supported the proposal to consider the engagement strategy in March. She spoke about how the City wants to keep the Community priorities of building heights, single-family neighborhoods, keeping commercial services, and protecting the wildland urban interface. WALIA/FITZSIMMONS MOVED TO ACCEPT THE STAFF REPORT AND REQUESTED THAT THE COMMUNITY ENGAGEMENT STRATEGY FOR THE HOUSING ELEMENT TO BE BROUGHT TO THE COUNCIL IN MARCH 2021. MOTION PASSED BY VERBAL ROLL CALL. AYES: BERNALD, FITZSIMMONS, KUMAR, WALIA, ZHAO. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. ADJOURNMENT BERNALD/WALIA MOVED TO ADJOURN THE MEETING AT 8:53 P.M. MOTION PASSED BY VERBAL ROLL CALL. AYES: BERNALD, FITZSIMMONS, KUMAR, WALIA, ZHAO. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. Minutes respectfully submitted: Debbie Bretschneider, City Clerk City of Saratoga 47 Saratoga City Council Minutes ~ January 20, 2021 ~ Page 1 of 7 MINUTES WEDNESDAY, FEBRUARY 3, 2021 SARATOGA CITY COUNCIL REGULAR MEETING At 5:00 p.m., the City Council held Commission Interviews for Parks & Recreation Commission and Traffic Safety Commission via teleconferencing through Zoom. WALIA/BERNALD MOVED TO SELECT ANNA YANFENG HUANG TO A PARTIAL TERM ENDING SEPTEMBER 30, 2022 OF THE PARKS AND RECREATION COMMISSION AND DIRECT STAFF TO PLACE AN ITEM ON THE NEXT REGULAR MEETING AGENDA TO APPOINT ANNA YANFENG HUANG.MOTION PASSED BY VERBAL ROLL CALL. AYES: ZHAO, WALIA, KUMAR, FITZSIMMONS, BERNALD. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. BERNALD/WALIA MOVED TO SELECT CHI-KUANG (CK) CHU TO A FULL-TERM ENDING DECEMBER 31, 2024 TO THE TRAFFIC SAFETY COMMISSION AND DIRECT STAFF TO PLACE AN ITEM ON THE NEXT REGULAR MEETING AGENDA TO APPOINT CHI-KUANG (CK) CHU. MOTION PASSED BY VERBAL ROLL CALL. AYES: ZHAO, WALIA, KUMAR, FITZSIMMONS, BERNALD. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. At 6:00 p.m., the City Council held a Joint Meeting with the Saratoga Ministerial Association via teleconferencing through Zoom. Mayor Zhao called the virtual Regular Session to order at 7:01 p.m. via teleconferencing through Zoom. Prior to Roll Call, the Mayor and City Clerk explained that the City Council meeting was conducted pursuant to provisions of the Brown Act and a recent Executive Order issued by the Governor to facilitate teleconferencing to reduce the risk of COVID-19 transmission at public meetings. Ordinarily the Brown Act sets strict rules for teleconferencing. The Governor’s Executive Order has suspended those rules. The Executive Order does require that public agencies continue to notice meetings in advance and provide members of the public an opportunity to observe the meeting and offer public comment. The City Council met all of the applicable notice requirements and the public is welcome to participate in this meeting. Information on how the public can observe the meeting and provide public comment was also shared. Additionally, the Mayor explained that votes would be taken through roll call. ROLL CALL PRESENT:Mayor Yan Zhao, Vice Mayor Tina Walia, Council Members Rishi Kumar, Kookie Fitzsimmons, Mary-Lynne Bernald (All Council Members appearing via teleconference) ABSENT:None 48 Saratoga City Council Minutes ~ January 20, 2021 ~ Page 2 of 7 ALSO PRESENT:James Lindsay, City Manager Richard Taylor, City Attorney Crystal Bothelio, Assistant City Manager Debbie Bretschneider, City Clerk Mary Fury, Administrative Services Director Debbie Pedro, Community Development Director John Cherbone, Public Works Director Dennis Jaw, Finance Manager Kayla Nakamoto, Administrative Analyst (All staff members appearing via teleconference) City Clerk Debbie Bretschneider confirmed all City Council members could hear the meeting proceedings and no doubts were expressed regarding the identities of the individuals representing themselves as City Council Members. REPORT ON POSTING OF THE AGENDA City Clerk Debbie Bretschneider reported that the agenda for this meeting was properly posted on January 29, 2021. REPORT FROM JOINT MEETING Mayor Zhao reported on the Joint Meeting with the Saratoga Ministerial Association. ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS None ANNOUNCEMENTS Mayor Zhao shared information about COVID-19, the Inclusive Playground Equipment Fundraiser, and the Council Retreat Series. 1.CONSENT CALENDAR 1.1. City Council Meeting Minutes Recommended Action: Approve the City Council minutes for Regular City Council Meeting on January 20, 2021 and the Special City Council Meeting on January 25, 2021. Vice Mayor Walia requested to remove the minutes from the Consent Calendar. WALIA/FTIZSIMMONS MOVED TO APPROVE THE CITY COUNCIL MINUTES FOR REGULAR CITY COUNCIL MEETING ON JANUARY 20, 2021 AND TO ASK STAFF TO PLACE REVISED JANUARY 25, 2021 SPECIAL CITY COUNCIL MEETING MINUTES ON THE AGENDA FOR THE NEXT REGULAR MEETING AND NOTE IN THE MINUTES THAT THE CITY ATTORNEY SHARED INFORMATION ABOUT ASSEMBLY BILL 992 AND REORDER COUNCIL DISCUSSION ON THE HOUSING ELEMENT KICKOFF CHRONOLOGICALLY AS IT OCCURRED IN THE MEETING. MOTION PASSED BY VERBAL ROLL 49 Saratoga City Council Minutes ~ January 20, 2021 ~ Page 3 of 7 CALL. AYES: ZHAO, WALIA, KUMAR, FITZSIMMONS, BERNALD. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 1.2. Review of Accounts Payable Check Registers Recommended Action: Review and accept check registers for the following accounts payable payment cycles: 01/20/21 Period 7; 1/27/21 Period 7: BERNALD/WALIA MOVED TO ACCEPT CHECK REGISTERS FOR THE FOLLOWING ACCOUNTS PAYABLE PAYMENT CYCLES: 01/20/21 PERIOD 7; 1/27/21 PERIOD 7.MOTION PASSED BY VERBAL ROLL CALL. AYES: ZHAO, WALIA, KUMAR, FITZSIMMONS, BERNALD. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 1.3. Treasurer’s Report for the Month Ended December 31, 2020 Recommended Action: Review and accept the Treasurer’s Report for the month ended December 31, 2020. BERNALD/WALIA MOVED TO ACCEPT THE TREASURER’S REPORT FOR THE MONTH ENDED DECEMBER 31, 2020.MOTION PASSED BY VERBAL ROLL CALL. AYES: ZHAO, WALIA, KUMAR, FITZSIMMONS, BERNALD. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 1.4. Notice of Completion - McFarland Ave Curb and Gutter Rehabilitation Project Phase 2 Recommended Action: Move to accept the McFarland Ave Curb and Gutter rehabilitation Project Phase 2 as complete and authorize staff to record the Notice of Completion. BERNALD/WALIA MOVED TO ACCEPT THE MCFARLAND AVE CURB AND GUTTER REHABILITATION PROJECT PHASE 2 AS COMPLETE AND AUTHORIZE STAFF TO RECORD THE NOTICE OF COMPLETION.MOTION PASSED BY VERBAL ROLL CALL. AYES: ZHAO, WALIA, KUMAR, FITZSIMMONS, BERNALD. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. Council Member Bernald commented on this item. 1.5. Budget Adjustment Resolution for Emergency Management Performance Grant Recommended Action: Approve budget adjustment for Fiscal Year 2020/21 to include the Emergency Management Performance Grant and authorize acceptance of the grant. RESOLUTION 21-004 BERNALD/WALIA MOVED TO APPROVE BUDGET ADJUSTMENT FOR FISCAL YEAR 2020/21 TO INCLUDE THE EMERGENCY MANAGEMENT PERFORMANCE GRANT AND AUTHORIZE ACCEPTANCE OF THE GRANT. MOTION PASSED BY VERBAL ROLL CALL. AYES: ZHAO, WALIA, KUMAR, FITZSIMMONS, BERNALD. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 50 Saratoga City Council Minutes ~ January 20, 2021 ~ Page 4 of 7 2.PUBLIC HEARING None 3.GENERAL BUSINESS 3.1. Funding Reallocation Request for Hakone Foundation Recommended Action: Approve the reallocation of $5,000 from the Fiscal Year 2020/21 Secured Funding Community Event Grant Program to support the request of the Hakone Foundation for general operations of the Garden. Kayla Nakamoto, Administrative Analyst, presented the staff report. Mayor Zhao invited public comment on the item. Emily Lo, former Mayor and Hakone Foundation Executive Board Vice Chair, spoke Shozo Kagoshima, Hakone Foundation Executive Director, spoke No one else requested to speak. BERNALD/WALIA MOVED TO APPROVE THE REALLOCATION OF $5,000 FROM THE FISCAL YEAR 2020/21 SECURED FUNDING COMMUNITY EVENT GRANT PROGRAM TO SUPPORT THE REQUEST OF THE HAKONE FOUNDATION FOR GENERAL OPERATIONS OF THE GARDEN.MOTION PASSED BY VERBAL ROLL CALL. AYES: ZHAO, WALIA, KUMAR, FITZSIMMONS, BERNALD. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 3.2. FY 2020/21 Mid-Year Budget Status Report and Budget Adjustment Resolution Recommended Action: Receive Mid-Year Budget Status Report and adopt the attached resolution approving an operating budget adjustment. Mary Fury, Administrative Services Director, presented the staff report. Mayor Zhao invited public comment on the item. No one requested to speak. RESOLUTION 21-005 WALIA/FITZSIMMONS MOVED TO RECEIVE MID-YEAR BUDGET STATUS REPORT AND ADOPT THE RESOLUTION APPROVING AN OPERATING BUDGET ADJUSTMENT. MOTION PASSED BY VERBAL ROLL CALL. AYES: ZHAO, WALIA, KUMAR, FITZSIMMONS, BERNALD. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 51 Saratoga City Council Minutes ~ January 20, 2021 ~ Page 5 of 7 3.3. COVID-19 Update on City Services Recommended Action: Receive report. James Lindsay, City Manager, presented the staff report. Mayor Zhao invited public comment on the item. Jeffrey Schwartz spoke No one else requested to speak. 3.4. Revisions to Statement of Values and City Council Strategic Goals Recommended Action: Adopt revised Statement of Values and City Council Strategic Goals. Crystal Bothelio, Assistant City Manager, presented the staff report. Mayor Zhao invited public comment on the item. Jeffrey Schwartz spoke No one else requested to speak. BERNALD/WALIA MOVED TO ADOPT THE REVISED STATEMENT OF VALUES AND CITY COUNCIL STRATEGIC GOALS WITH AN ADDITIONAL REVISION TO CITY COUNCIL STRATEGIC GOAL 4.D.II TO CHANGE “DEVELOP AND IMPROVE” TO “MAINTAIN”; AND, DIRECT STAFF TO INCLUDE THE COUNCIL STRATEGIC GOALS, MISSION STATEMENT, AND STATEMENT OF VALUES ON THE NEXT REGULAR CITY COUNCIL MEETING SO THAT THE CITY COUNCIL MAY REVIEW REFERENCES RELATED TO PROTECTING AND MAINTAINING NEIGHBORHOODS IN THE MISSION STATEMENT AND STATEMENT OF VALUES AND CONSIDER ADDING DRAFT LANGUAGE RELATED TO PROTECTING AND MAINTAINING NEIGHBORHOODS IN THE CITY COUNCIL STRATEGIC GOALS.MOTION PASSED BY VERBAL ROLL CALL. AYES: ZHAO, WALIA, KUMAR, FITZSIMMONS, BERNALD. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. COUNCIL ASSIGNMENTS Mayor Yan Zhao West Valley Mayors & Managers – the Monte Sereno Mayor is the chair of the group this calendar year. Santa Clara County Supervisor Simitian attended the last meeting and spoke on COVID-19 and the VTA Measure B funding for local roads. Mayor Zhao announced that she attended the virtual League of California Cities New Mayors and Council Members conference. 52 Saratoga City Council Minutes ~ January 20, 2021 ~ Page 6 of 7 Vice Mayor Tina Walia Council Finance Committee – the Committee reviewed the mid-year budget situation in depth. KSAR Community Access TV Board – the Board updated the bylaws to remove the City staff representative from the voting members. KSAR is also looking for a new Station Manager. Saratoga Area Senior Coordinating Council (SASCC)– the Board updated the bylaws to remove the City staff representative from the voting members. The Board also received a report on the COVID-19 vaccine. Saratoga Ministerial Association – Council Member Bernald attended in place of Vice Mayor Walia. Vice Mayor Walia announced that attended the virtual League of California Cities New Mayors and Council Members conference. Council Member Rishi Kumar Santa Clara County Library Joint Powers Authority – the members received reports pertaining to the budget with a 5-year financial forecast. The forecast is currently a surplus, but a deficit is predicted for the future budgets. Santa Clara Valley Water District Commission – the Commission received a report on ground water production charges, including suggested 3.5 to 3.8 % increase in charges to the public. Council Member Kumar questioned the increase. The Santa Clara Valley Water District Board will vote on this. Council Member Kookie Fitzsimmons Sister City Organization – the members discussed replacing bamboo fences at Hakone. Council Member Fitzsimmons announced that she attended the virtual League of California Cities New Mayors and Council Members conference. Council Member Mary-Lynne Bernald Hakone Foundation Board & Executive Committee – there was a Hakone Pond fundraising committee meeting Santa Clara/Santa Cruz Airport/Community Roundtable – the Roundtable is in ongoing talks with the Cities Association about continuing sponsorship as the fiscal agent. Saratoga Historical Foundation – the Foundation is expecting bids from contractors on the Blacksmith building and has had two recent Board Member resignations. Saratoga Ministerial Association – Council Member Bernald attended the meeting as Vice Mayor Walia’s alternate. The members discussed COVID-19 impacts on the community. CITY COUNCIL ITEMS None COUNCIL COMMUNICATIONS Council Member Kumar shared that he was invited to a Monte Sereno Council meeting to speak about the San Jose Water Company rate increases. He advised that protest messages should go to the California Public Utilities Commission. 53 Saratoga City Council Minutes ~ January 20, 2021 ~ Page 7 of 7 CITY MANAGER'S REPORT None ADJOURNMENT WALIA/FITZSIMMONS MOVED TO ADJOURN THE MEETING AT 9:15 P.M. MOTION PASSED BY VERBAL ROLL CALL. AYES: ZHAO, WALIA, KUMAR, FITZSIMMONS, BERNALD. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. Minutes respectfully submitted: Debbie Bretschneider, City Clerk City of Saratoga 54 Rene Rivera, Accounting Technician SUBJECT: Review of Accounts Payable Check Registers RECOMMENDED ACTION: Review and accept check registers for the following accounts payable payment cycles: 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 2/3/2021 142611 142666 56 613,785.47 2/3/2021 1/26/2021 142610 Accounts Payable 2/10/2021 142667 142713 47 670,546.86 2/10/2021 2/3/2021 142666 Accounts Payable checks issued for $20,000 or greater: Date Check #Dept.Amount 2/3/2021 142611 4 Leaf General Fund CDD Plan Rev & Inspec June-Dec 127,133.86 2/3/2021 142618 City of San Jose General Fund Admin Q4 Animal Services 53,995.05 2/3/2021 142658 SCVURPPP WVCWP Agency Fund WVCWP WVCWP (Campbell, Los Gatos, Mt Sereno, Saratoga)276,470.00 2/3/2021 142663 Vista Landscape CIP Street & Admin Projects FundPW Various Landscaping Projects 30,048.00 2/10/2021 142692 Office of Sheriff General Fund Admin Feb 2021 Law Enforcement 534,079.83 2/10/2021 142707 Villalobos Associates CIP Street Projects Fund PW Repair Herriman Pathway 23,580.00 Accounts Payable checks voided during this time period: AP Date Check #Amount ATTACHMENTS: Check Registers in the 'A/P Checks By Period and Year' report format Fund Purpose StatusReason Issued to Issued to Prior Check RegisterChecks ReleasedTotal Checks Amount Accounts Payable SARATOGA CITY COUNCIL MEETING DATE:February 17, 2021 DEPARTMENT:Finance & Administrative Services 02/03/21 Period 8; 2/10/21 Period 8: PREPARED BY: Ending Check # Starting Check #Type of Checks Date 55 56 57 58 59 60 61 62 63 64 65 SARATOGA CITY COUNCIL MEETING DATE:February 17, 2021 DEPARTMENT:City Manager’s Department PREPARED BY:Crystal Bothelio, Assistant City Manager SUBJECT:San Jose Water Company General Rate Case Application 21-01-003 Letter RECOMMENDED ACTION: Authorize submittal of letter from the City Council on San Jose Water Company General Rate Case Application 21-01-003. BACKGROUND: San Jose Water Company submitted General Rate Case Application 21-01-003 to the California Public Utilities Commission to increase customer rates in 2022, 2023, and 2024. If approved, residential customers would see a substantial increase in the monthly water bill.This would be in addition to increases in rates for electricity, gas, and other utility services. With Council authorization, the letter included in Attachment A will be submitted to the California Public Utilities Commission (CPUC) Public Advocates Office. The Public Advocates Office is an independent office within the CPUC that advocates on behalf of utility ratepayers. ATTACHMENTS: Attachment A –Letter on San Jose Water Company General Rate Case Application 21-01-003 Attachment B –San Jose Water Company General Rate Case Application 21-01-003 Notice 66 Incorporated October22, 1956 CITY OF SARATOGA 13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070 • (408) 868-1200 COUNCIL MEMBERS: Mary-Lynne Bernald Kookie Fitzsimmons Rishi Kumar Tina Walia Yan Zhao February 17, 2021 Public Advocates Office, California Public Utilities Commission 505 Van Ness Avenue San Francisco, CA 94102 Subject: General Rate Case Application No. 21-01-003 To the Public Advocates Office, I am writing on behalf of the City Council of the City of Saratoga to inform you of resident concerns related to General Rate Case Application No. 21-01-003. San Jose Water Company submitted this application to increase rates in 2022, 2023, and 2024. If approved, residential customers would see a substantial increase in the monthly water bill over the next three years. This would be in addition to increases in electric, natural gas, and other utility rate increases. The City of Saratoga has one of the highest senior citizen populations in Santa Clara County with over 23% of our residents age 65 and older. Many Saratoga seniors have expressed significant concern to us about the continued financial impacts of the ever-increasing utility rates. The City values the importance of providing clean and safe drinking water and acknowledges the costs to maintain a reliable water distribution system. We understand that reduced rates are available to qualifying families, but the California Public Utility Commission’s reliance on Federal poverty guidelines that are uniform across the country in determining qualifying incomes for utility rate assistance programs in California is a great disservice to seniors living on a fixed income, especially in Santa Clara County. The Saratoga City Council urges you to do a thorough review of San Jose Water Company’s General Rate Case Application No. 21-01-003 to ensure rate payers are only paying what is required to maintain a safe and reliable water system. Additionally, we urge your agency to partner with the Commission’s Low Income Oversight Board to adjust the income limits to quality for utility rate assistance, so they meaningfully reflect the circumstances in each county in California. Sincerely, Yan Zhao, Mayor City of Saratoga 67 Para más información en cómo este cambio impactará su factura, llame al (408) 279-7900. NOTICE OF APPLICATION San Jose Water Company’s Request to Increase Water Rates Application No. 21-01-003 Why am I receiving this notice? On January 4, 2021, San Jose Water Company (SJWC) filed its General Rate Case (GRC) Application 21-01-003, seeking authority from the California Public Utilities Commission (CPUC) to increase rates in 2022, 2023 and 2024. The application is requesting a total of $87,712,000 increase in cost of service over the three-year period of 2022-2024. If the CPUC approves this application, SJWC will recover forecasted costs in rates over a three-year period beginning January 1, 2022. This will impact your bill. Why is SJWC requesting this rate increase? SJWC has been providing safe and reliable water service for more than 150 years and many of the facilities used for water service have reached the end of their useful lives. SJWC is proposing this rate increase due to escalating operating expenses related to: • Increasingly stringent water quality requirements; • Cybersecurity and data privacy requirements; and, • Significant system infrastructure replacement requirements. Infrastructure improvements are necessary in order to maintain safe and reliable water service. These improvements include water main and well replacements, enhancements to pumping stations and well fields, as well as water tank upgrades and replacements throughout SJWC’s 140 square miles of service area. How could this affect my water bill? If SJWC’s rate request is approved by the CPUC, the average monthly residential bill with a 3/4-inch meter using 11 Ccf per month would increase by approximately $17.33 (or 18.73 %) from $92.54 at present rates, to $109.87 in 2022, by $3.55 (or 3.23 %) to $113.42 in 2023, and by $3.84 or (3.38 %) to $117.25 in 2024. These rates include current and requested surcharges and fees. SJWC also seeks authority for: (1) recovery of $7,004,493 for its balancing account via a $0.0515/Ccf customer surcharge beginning January 1, 2022, for 36 months or until recovered and (2) recovery of $11,494,592 for its memorandum account via a $0.0845/Ccf customer surcharge beginning January 1, 2022, for 36 months or until recovered. These surcharges are included in the approximate rates stated in the previous paragraph. The charges shown on your water bill may vary from the numbers shown above due to temporary credits or surcharges in effect. 68 Proposed Water Rate Increase Schedule 1 and Schedule 1C– General Metered Service Charge Rate Impact 2020 (current) 2022 (proposed) Increase 2023 (proposed) Increase 2024 (proposed) Increase 5/8 40.47 56.37 39% $57.95 2.8% 59.89 3.3% 3/4 40.47 56.37 39% $57.95 2.8% 59.89 3.3% 1 67.44 93.94 39% $96.58 2.8% 99.81 3.3% 1 1/2 134.9 187.92 39% $193.16 2.8% 199.62 3.3% 2 215.84 300.67 39% $309.05 2.8% 319.39 3.3% 3 404.69 563.73 39% $579.48 2.8% 598.85 3.3% 4 674.48 939.55 39% $965.80 2.8% 998.09 3.3% 6 1348.97 1879.12 39% $1,931.59 2.8% 1996.18 3.3% 8 2158.36 3006.6 39% $3,090.55 2.8% 3193.88 3.3% 10 3102.62 4321.95 39% $4,442.66 2.8% 4591.20 3.3% Schedule 1 and 1C - Per Ccf Rate Impact Residential Customers Rates Proposed in SJWC's Application Usage Present Rates* 2022 Rates Change 2023 Rates Change 2024 Rates Change 0 to 3 Ccf $3.28 $3.76 14.66% $3.90 3.9% $4.05 3.6% 3 to 6 Ccf $4.92 3.76 -23.58% $3.90 3.9% $4.05 3.6% 7 to 18 Ccf $4.92 $4.70 -4.46% $4.88 3.9% $5.06 3.6% Over 18 Ccf $6.55 $7.88 20.27% $8.19 3.9% $8.49 3.6% All Other Customers: (Business, Industrial, Public Authority, All Usage $4.92 $4.70 -4.46% $4.88 3.9% $5.06 3.6% *Quantity Charge Present Rates include current Valley Water expense offset surcharges How does the rest of this process work? This application will be assigned to a CPUC Administrative Law Judge who will consider proposals and evidence presented during the formal hearing process. The Administrative Law Judge will issue a proposed decision that may adopt SJWC’s application, modify it, or deny it. Any CPUC Commissioner may sponsor an alternate decision with a different outcome. The proposed decision, and any alternate decisions, will be discussed and voted upon by the CPUC Commissioners at a public CPUC Voting Meeting. Parties to the proceeding are currently reviewing SJWC’s application, including the Public Advocates Office, which is an independent consumer advocate within the CPUC that represents customers to obtain the lowest possible rate for service consistent with reliable and safe service levels. For more information regarding the Public Advocates Office, please call 1-415-703-1584, email PublicAdvocatesOffice@cpuc.ca.gov, or visit PublicAdvocates.cpuc.ca.gov. 69 Where can I get more information? Contact SJWC Phone: 408-279-7900 Email: customer.service@sjwater.com Mail: 110 W. Taylor Street, San Jose, CA 95110 A copy of the Application and any related documents may also be reviewed at www.sjwater.com. Contact CPUC Please visit cpuc.ca.gov/A2101003comments to submit a comment about this proceeding on the CPUC Docket Card. Here you can also view documents and other public comments related to this proceeding. Your participation by providing your thoughts on SJWC's request can help the CPUC make an informed decision. If you have questions about CPUC processes, you may contact the CPUC’s Public Advisor’s Office at: Phone: 1-866-849-8390 (toll-free) or 1-415-703-2074 Email: Public.Advisor@cpuc.ca.gov Mail: CPUC Public Advisor’s Office 505 Van Ness Avenue San Francisco, CA 94102 Please reference Application A.21-01-003 in any communications you have with the CPUC regarding this matter. 70 SARATOGA CITY COUNCIL MEETING DATE:February 17, 2020 DEPARTMENT:Public Works Department PREPARED BY:Emma Burkhalter, Assistant Engineer SUBJECT:Continental Circle Stabilization -Construction Observation Contract with Cotton, Shires and Associates, Inc. and Budget Resolution RECOMMENDED ACTION: 1.Approve construction observation contract with Cotton, Shires and Associates, Inc. (CSA) for Continental Circle roadway stabilization, in the amount of $36,860, and authorize the City Manager to execute the same. 2.Authorize staff to execute change orders to the contract up to $3,686. 3.Approve a budget resolution to appropriate $75,000 from the Mt Eden Erosion Repair CIP to complete the Continental Circle roadway stabilization construction. BACKGROUND: In 2019, Cotton, Shires and Associates, Inc. (CSA) investigated the distressed roadway located between 21439 and 21451 Continental Circle. Through their investigation, they determined that the underlying ground movement had caused significant distress to the roadway, the concrete curb, and the adjacent stormwater drop inlet box. The stormwater which is now escaping through the cracks in the back of the drop inlet box has been corroding and delaminating the soldier pile beams at the base of the retaining wall which runs along the outside edge of Continental Circle. CSA prepared the design plans for the replacement inlet box, fill, and retaining wall, and are the best qualified to perform the construction observation. It is therefore recommended that City Council approve the design contract with CSA and authorize staff to execute change orders to the contract up to $3,686. The final costs for construction are anticipated to exceed the amount originally estimated for the construction of this project. To reduce funding shortfall, Engineering Staff is acting as the general contractor for the project and hiring sub-contractors and ordering materials. To make up the rest of the difference and since the Mt Eden Erosion Repair CIP is not scheduled to begin 71 construction until FY 21/22, Staff is proposing a budget resolution to appropriate $75,000 from the Mt Eden project to complete the Continental Circle roadway stabilization project in a timely manner. It is therefore recommended that City Council approve the budget resolution to appropriate $75,000 from the Mt Eden Erosion Repair CIP. During the CIP process, Staff will bring forward a funding request to replace the funds appropriated from the Mt Eden Erosion Repair CIP. ATTACHMENTS: Attachment A – Construction Observation Contract Attachment B – Budget Resolution 72 &RQWUDFWRU  3URMHFW1DPH  5HY &LW\RI6DUDWRJD6HUYLFHV&RQWUDFW 3DJHRI  City of Saratoga Standard Services Contract 7KLVDJUHHPHQWLVPDGHDW6DUDWRJD&DOLIRUQLDE\DQGEHWZHHQWKH&LW\RI6DUDWRJDDPXQLFLSDO FRUSRUDWLRQ ³&LW\´ DQGBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB ³&RQWUDFWRU´ ZKRDJUHHWKDW  1. Purpose of Contract.  7KLVLVDFRQWUDFWIRU        7KHSXUSRVHRIWKHFRQWUDFWLVPRUHVSHFLILFDOO\GHVFULEHGLQ([KLELW$RIWKLVDJUHHPHQW ³6FRSHRI:RUNDQG3D\PHQW7HUPV´ ,QWKHHYHQWRIDFRQIOLFWEHWZHHQWKHWHUPVRIWKLV DJUHHPHQWDQGWKH6FRSHRI:RUNRUDQ\RIWKHH[KLELWVUHIHUHQFHGLQWKLV([KLELW$WKHWHUPV RIWKHDJUHHPHQWVKDOOJRYHUQ  2. Term. 6WDUW'DWH(QG'DWH ,I6WDUW'DWHLVOHIWEODQNVWDUWGDWHZLOOEH GDWHODVWVLJQHGEHORZ   2UXSRQSURMHFWFRPSOHWLRQZKLFKHYHU RFFXUVILUVW  3. Payment&LW\VKDOOSD\&RQWUDFWRUIRUZRUNSURGXFWSURGXFHGDQGDQ\DXWKRUL]HG UHLPEXUVDEOHFRVWVSXUVXDQWWRWKLVDJUHHPHQWDQDPRXQWQRWWRH[FHHGWKHWRWDOVXPRI BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB  7KLVFRQWUDFWLVD FKHFNRQH  )L[HG$PRXQW&RQWUDFW±0RQWKO\,QYRLFHV  )L[HG$PRXQW&RQWUDFW±'HOLYHUDEOH7DVN%DVHG,QYRLFHV  1RWWR([FHHG$PRXQW&RQWUDFW±+RXUO\6HUYLFHV  1RWWR([FHHGDPRXQW&RQWUDFW±7DVN%DVHG,QYRLFHV  6HH([KLELW$BBBBBBLQFRUSRUDWHGE\WKLVUHIHUHQFHIRUDGGLWLRQDOSD\PHQWWHUP LQIRUPDWLRQ  &RQWUDFWRULVnot authorizedWRXQGHUWDNHDQ\HIIRUWVRULQFXUDQ\FRVWVZKDWVRHYHUXQGHUWKH WHUPVRIWKLVDJUHHPHQWXQWLOUHFHLSWRIDIXOO\H[HFXWHG3XUFKDVH2UGHUIURPWKH)LQDQFH 'HSDUWPHQWRIWKH&LW\RI6DUDWRJD Cotton, Shires and Associates, Inc. Continental Circle Stabilization - Observation and Testing Cotton, Shires and Associates, Inc. Construction Observation and Testing for the Continental Circle Stabilization Project 01/01/2021 12/31/2022 36,860.00 ✔ ✔1 73 &RQWUDFWRU  3URMHFW1DPH  5HY &LW\RI6DUDWRJD6HUYLFHV&RQWUDFW 3DJHRI  4. Contract Administration7KHDXWKRUL]HGUHSUHVHQWDWLYHVRI&LW\DQG&RQWUDFWRUIRU &RQWUDFWDGPLQLVWUDWLRQDUHOLVWHGEHORZ7KH&LW\¶VFRQWDFWSHUVRQLVWKH$GPLQLVWUDWRU  Contractor: &RQWUDFWRU1DPH  &RQWDFW3HUVRQ  6WUHHW$GGUHVV  &LW\6WDWH=LS  7HOHSKRQH V   )D[  (PDLO$GGUHVV  6DUDWRJD%XVLQHVV /LF  City of Saratoga 'HSDUWPHQW  &RQWDFW3HUVRQ  6WUHHW$GGUHVV  &LW\6WDWH=LS  7HOHSKRQH  )D[  (PDLO$GGUHVV  5. Insurance&RQWUDFWRUDJUHHVWRSURFXUHDQGPDLQWDLQLQVXUDQFHDVUHTXLUHGE\WKH SURYLVLRQVVHWIRUWKLQ([KLELW%&HUWLILFDWHVRIVXFKLQVXUDQFHDQGFRSLHVRIWKHLQVXUDQFH SROLFLHVDQGHQGRUVHPHQWVVKDOOEHGHOLYHUHGWR&LW\ZLWKLQWHQ  GD\VDIWHUEHLQJQRWLILHGRI WKHDZDUGRIWKHFRQWUDFWDQGEHIRUHH[HFXWLRQRIWKLVDJUHHPHQWE\WKH&LW\  6. General Provisions.&LW\DQG&RQWUDFWRUDJUHHWRDQGVKDOODELGHE\WKHJHQHUDO SURYLVLRQVVHWIRUWKLQ([KLELW&     Cotton, Shires and Associates, Inc. Continental Circle Stabilization - Observation and Testing Cotton, Shires and Associates, Inc. David Schrier 330 Village Lane Los Gatos, CA 95030 1-408-354-5542 1-408-354-1852 dschrier@cottonshires.com BUS-007609 Public Works Poh Yee 13777 Fruitvale Avenue Saratoga, CA 95070 1-408-868-1224 1-408-868-1224 pyee@saratoga.ca.us 74 75 &RQWUDFWRU  3URMHFW1DPH  5HY &LW\RI6DUDWRJD6HUYLFHV&RQWUDFW±([KLELW$ 3DJHRI  City of Saratoga Services Contract Exhibit A – Scope of Work and Payment Terms &RQWUDFWRUVKDOOFRPSOHWHWKHVFRSHRIZRUNDQGLQYRLFHWKH&LW\LQDFFRUGDQFHZLWKWKH SD\PHQWWHUPVVKRZQEHORZ                                       $1'256HH([KLELW V $LQFRUSRUDWHGE\WKLVUHIHUHQFH -End of Exhibit A - Cotton, Shires and Associates, Inc. Continental Circle Stabilization - Observation and Testing ✔1 76 NorthernȱCaliforniaȱOfficeȱ CentralȱCaliforniaȱOfficeȱ SouthernȱCaliforniaȱOfficeȱ 330ȱVillageȱLaneȱ 6417ȱDogtownȱRoadȱ 699ȱHampshireȱRoad,ȱSuiteȱ101ȱ LosȱGatos,ȱCAȱ95030Ȭ7218ȱ SanȱAndreas,ȱCAȱ95249Ȭ9640ȱ ThousandȱOaks,ȱCAȱ91361Ȭ2352ȱ (408)ȱ354Ȭ5542ȱ•ȱFaxȱ(408)ȱ354Ȭ1852 (209)ȱ736Ȭ4252ȱ•ȱFaxȱ(209)ȱ736Ȭ1212 (805)ȱ370Ȭ8710ȱ www.cottonshires.com COTTON,ȱSHIRESȱANDȱASSOCIATES,ȱINC. ȱCONSULTINGȱENGINEERSȱANDȱGEOLOGISTS Decemberȱ24,ȱ2020ȱ RevisedȱJanuaryȱ4,ȱ2021ȱ E5229Bȱ ByȱEmailȱ(pyee@saratoga.ca.us>ȱȱ Mr.ȱPohȱYee,ȱPEȱ ConstructionȱEngineerȱ CITYȱOFȱSARATOGAȱ 13777ȱFruitvaleȱAveȱ Saratoga,ȱCaliforniaȱ95070ȱ SUBJECT:ȱ BudgetȱEstimateȱforȱConstructionȱObservationȱandȱTestingȱServicesȱ RE:ȱ ContinentalȱCircleȱRoadwayȱStabilizationȱProjectȱ SanȱCarlos,ȱCalifornia.ȱ REFERENCES:ȱ Cotton,ȱ Shiresȱ andȱ Associates,ȱ Inc.,ȱ Continentalȱ Circleȱ Roadwayȱ Stabilizationȱ Project,ȱ Continentalȱ Circleȱ Betweenȱ 21439ȱ andȱ 21451,ȱ Saratoga,ȱCaliforniaȱ DearȱMr.ȱYee:ȱ Asȱ requested,ȱ Cotton,ȱ Shiresȱ andȱ Associates,ȱ Inc.ȱ (CSA)ȱ isȱ pleasedȱ toȱ provideȱ theȱ CityȱofȱSaratogaȱwithȱthisȱcostȱestimateȱforȱconstructionȱobservationȱandȱtestingȱservices.ȱȱ Weȱanticipateȱ thatȱourȱservicesȱ willȱincludeȱtheȱ following:ȱ1)ȱlayingȱoutȱ pierȱlocations;ȱ2)ȱ observingȱ pierȱ drillingȱ andȱ placementȱ ofȱ beams,ȱ andȱ concrete;ȱ 3)ȱ observingȱ backdrainȱ installation;ȱ 4)ȱ observingȱ theȱ excavationȱ ofȱ theȱ existingȱ fillȱ material;ȱ 5)ȱ observingȱ andȱ testingȱtheȱplacementȱandȱcompactionȱofȱtheȱengineeredȱcompactedȱfill;ȱ6)ȱobservingȱandȱ testingȱ pavementȱ subgradeȱ andȱ baserock;ȱ 7)ȱ reviewingȱ submittals,ȱ RFI’sȱ andȱ providingȱ consultation;ȱandȱ8)ȱpreparingȱ aȱconstructionȱobservationȱandȱtestingȱ reportȱandȱasȬbuiltȱ drawings.ȱȱȱ Theȱfollowingȱtableȱprovidesȱourȱestimatedȱtimeȱandȱcostȱforȱperformingȱtheȱaboveȱ describedȱ tasksȱ andȱ isȱ basedȱ onȱ theȱ constructionȱ scheduleȱ providedȱ toȱ us,ȱ andȱ ourȱ experienceȱwithȱretainingȱwallȱconstructionȱforȱsimilarȱprojects.ȱ Contractor Name: Cotton Shires and Associates, Inc. Project: Continental Circle Stabilization - Observation and Testing Exhibit A-1 Page 1 of 4 ([KLELW$ 77 Mr.ȱPohȱYee Decemberȱ24,ȱ2020ȱ RevisedȱJanuaryȱ4,ȱ2021ȱ Pageȱ2 E5229Bȱ COTTON,ȱSHIRESȱANDȱASSOCIATES,ȱINC.ȱ Estimatedȱ Taskȱ Hoursȱ HourlyȱRateȱ Costȱ PierȱLayoutȱ–ȱȱ 10ȱ $190ȱ $1,900ȱ PierȱDrilling,ȱBeamȱandȱConcreteȱInstallationȱ–ȱȱ Observationȱ 50ȱ $125ȱ $6,250ȱ BackdrainȱInstallationȱ–ȱȱ Observationȱ 20ȱ $125ȱ $2,500ȱ FillȱExcavationȱ–ȱȱ Observationȱ 32ȱ $125ȱ $4,000ȱ EngineeredȱCompactedȱBackfillȱ–ȱȱ ObservationȱandȱTestingȱ 60ȱ $125ȱ $7,500ȱ PavementȱSubgradeȱPreparationȱ–ȱȱ ObservationȱandȱCompactionȱ 20ȱ $125ȱ $2,500ȱ SubtotalȱFieldȱ $24,650ȱ ReimbursablesȱȬȱLabȱTesting,ȱVehicle,ȱNuclearȱGauge $1,780ȱ OfficeȱSupportȱ–ȱReviewȱSubmittals,ȱRespondȱtoȱRFI’s,ȱSupervision,ȱQA/QCȱ ProgressȱLetters,ȱConsultationȱ(30%ȱofȱField)ȱ $7,395ȱ ConstructionȱObservationȱandȱTestingȱReportȱandȱAsȬBuiltȱDrawingsȱ $5,500ȱ SubtotalȱOfficeȱȱ$12,895ȱ 10%ȱCityȱDiscountȱonȱFieldȱTimeȱ <$2,465>ȱ TotalȱOffice,ȱReimbursablesȱandȱFieldȱ $36,860ȱ Thisȱcostȱestimateȱofȱ$36,860ȱisȱbasedȱonȱtheȱconstructionȱscheduleȱprovidedȱtoȱusȱ andȱ includesȱ layingȱ outȱ ofȱ theȱ pierȱ locations,ȱ andȱ 19ȱ daysȱ ofȱ fullȬtimeȱ observationȱ andȱ testingȱ forȱ pierȱ drilling,ȱ retainingȱ wallȱ constructionȱ work,ȱ excavationȱ andȱ backfillȱ asȱ describedȱabove,ȱandȱshouldȱbeȱusedȱforȱbudgetingȱpurposesȱonly.ȱȱAȱcontingencyȱshouldȱ beȱaddedȱforȱdelaysȱbeyondȱourȱcontrol,ȱincludingȱtheȱweather,ȱtheȱContractors’ȱscheduleȱ andȱ ability,ȱ andȱ otherȱ factors.ȱȱUltimately,ȱ ourȱ timeȱ spentȱ onȱ siteȱ willȱ beȱ determinedȱ byȱ theȱContractor’sȱscheduleȱandȱcompetency.ȱȱIfȱtheȱContractorȱisȱableȱtoȱundertakeȱseveralȱ tasksȱ simultaneously,ȱ ourȱ timeȱ wouldȱ beȱ reduced.ȱȱAsȱ usual,ȱ theȱ Cityȱ wouldȱ onlyȱ beȱ Contractor Name: Cotton Shires and Associates, Inc. Project: Continental Circle Stabilization - Observation and Testing Exhibit A-1 Page 2 of 4 78 Mr.ȱPohȱYee Decemberȱ24,ȱ2020ȱ RevisedȱJanuaryȱ4,ȱ2021ȱ Pageȱ3 E5229Bȱ COTTON,ȱSHIRESȱANDȱASSOCIATES,ȱINC.ȱ invoicedȱ forȱ theȱactualȱhoursȱspentȱ forȱtheseȱtasks.ȱȱIf,ȱduringȱtheȱcourseȱofȱ construction,ȱ itȱ appearsȱ thatȱ ourȱ estimatedȱ budgetȱ willȱ beȱ exceeded,ȱ weȱ willȱ informȱ youȱ soȱ thatȱ additionalȱ writtenȱ authorizationȱ canȱ beȱ obtainedȱ priorȱ toȱ completionȱ ofȱ anyȱ additionalȱ work.ȱȱ Weȱ haveȱ notȱ includedȱ timeȱ forȱ utilityȱ trenchȱ backfillȱ compactionȱ testing.ȱȱPleaseȱ letȱusȱknowȱifȱutilityȱtrenchȱbackfillȱcompactionȱtestingȱshouldȱbeȱincludedȱinȱourȱscope.ȱ Pleaseȱbeȱawareȱthatȱwinterȱgradingȱisȱtypicallyȱaȱriskyȱendeavorȱdueȱtoȱpotentialȱ weatherȬrelatedȱ delays,ȱ unstableȱ temporaryȱ slopes,ȱ andȱ safetyȱ concernsȱ associatedȱ withȱ slipperyȱsiteȱconditions.ȱȱTheseȱdelaysȱandȱslopeȱinstabilityȱfrequentlyȱresultȱinȱsignificantȱ increasedȱ costs.ȱȱIfȱ theȱ backfillȱ materialȱ isȱ tooȱ wet,ȱ theȱ Cityȱ shouldȱ anticipateȱ additionalȱ costȱ toȱ mixȱ theȱ wetȱ soilȱ withȱ dryingȱ agentsȱ suchȱ asȱ hydratedȱ limeȱ orȱ cement,ȱ andȱ significantȱdelays.ȱȱ Limitationsȱ Ourȱ servicesȱ consistȱ ofȱ professionalȱ opinionsȱ andȱ conceptualȱ recommendationsȱ madeȱ inȱ accordanceȱ withȱ generallyȱ acceptedȱ engineeringȱ geologyȱ andȱ geotechnicalȱ engineeringȱ principlesȱ andȱ practices.ȱȱNoȱ warranty,ȱ expressedȱ orȱ implied,ȱ orȱ merchantabilityȱ orȱ fitness,ȱ isȱ madeȱ inȱ orȱ intendedȱ inȱ connectionȱ withȱ ourȱ work,ȱ byȱ theȱ proposalȱforȱconsultingȱorȱotherȱservices,ȱorȱbyȱtheȱfurnishingȱofȱoralȱorȱwrittenȱreportsȱorȱ findings.ȱȱIfȱyouȱhaveȱanyȱquestions,ȱorȱneedȱadditionalȱinformation,ȱpleaseȱcontactȱus.ȱ Respectfullyȱsubmitted,ȱ COTTON,ȱSHIRESȱANDȱASSOCIATES,ȱINC.ȱ DavidȱT.ȱSchrierȱ PrincipalȱGeotechnicalȱEngineerȱȱ GEȱ2334ȱ ReviewedȱBy:ȱ AndrewȱMead,ȱPrincipalȱEngineeringȱGeologistȱ ApprovedȱandȱAuthorizedȱByȱȱȱȱȱȱ ȱȱȱȱȱȱȱDateȱ AM:DTSȱ Attachment:ȱScheduleȱofȱChargesȱ Contractor Name: Cotton Shires and Associates, Inc. Project: Continental Circle Stabilization - Observation and Testing Exhibit A-1 Page 3 of 4 79 COTTON, SHIRES AND ASSOCIATES, INC. SCHEDULE OF CHARGES, LIMITATIONS AND TERMS FOR PROFESSIONAL SERVICES January 2020 Personnel Charges Senior Principal Engineer/Geophysicist $ 310/hr Principal Geologist/Engineer $ 260/hr Supervising Geologist/Engineer $ 215/hr Senior Geologist/Engineer $ 190/hr Senior GIS Specialist $ 175/hr Senior Staff Geologist/Engineer $ 165/hr Staff Geologist/Engineer $ 150/hr Field/Laboratory Technician $ 125/hr Technical Illustrating $ 120/hr Clerical/Accounting $ 90/hr Equipment and Supply Charges Drone System $210/day Inclinometer System $ 210/day Piezometer Data Acquisition System $ 105/day Total Station Surveying Equipment $ 310/day GPS Surveying Equipment $ 410/day Nuclear Moisture/Unit Weight Gauge $ 155/day Rope Climbing Safety Equipment $ 260/day Multi-Channel Seismograph System and ReMi $ 310/day Vehicle Mileage (or Current IRS Approved Rate) $ .575/mi Aircraft Mileage (or Current GSA Approved Rate) $1.21/nmi Photocopying (B&W-Color) $ .20-.50/copy Engineering (Large Format) Copier $ .50/ft2 Computer Assisted Color Plotting $ 12/sq. ft. Expert Witness Consultation Charges Expert witness testimony for court appearances and binding arbitrations shall be charged on a daily basis (minimum one-half day increments) at a rate of $4,120 per day. Deposition testimony shall be charged at a rate of $515 per hour (minimum one hour charge). Preparation time for depositions or court appearances shall be charged on a time-and-expense basis in accordance with the Personnel, Equipment, and Expense charges listed herein. Laboratory Testing and Geophysical Service Charges Laboratory testing and geophysical services shall be charged on a time- and-materials basis in accordance with the Personnel, Equipment, and Expense charges listed herein. Laboratory samples shall be stored for 60 days after the date of final report submittal unless special arrangements are made for longer storage. Expense Charges (Receipted Costs Plus 15%) • Travel expenses including air fare, lodging, vehicle rental, etc. (either actual receipted costs plus 15% for meals or a flat subsistence charge of $72 per diem for overnight stay shall be charged in addition to the lodging cost) • Excavation subcontractors and expendable field supplies • Reproduction of drawings • Film, film development, and photograph printing • Special fees, permits, insurance, etc. • Conference call telephone costs • Special mail service (air, electronic, courier, etc.) • Special equipment rental • Special consultant fees Contractor Name: Cotton Shires and Associates, Inc. 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Continental Circle Stabilization - Observation and Testing ✔ ✔ ✔ 81 &RQWUDFWRU  3URMHFW1DPH  5HY &LW\RI6DUDWRJD6HUYLFHV&RQWUDFW±([KLELW% 3DJHRI  :RUNHUV &RPSHQVDWLRQDVUHTXLUHGE\WKH6WDWHRI&DOLIRUQLDZLWKVWDWXWRU\OLPLWVDQG (PSOR\HU¶V/LDELOLW\,QVXUDQFHZLWKDOLPLWRIQROHVVWKDQSHUDFFLGHQWIRU ERGLO\LQMXU\RUGLVHDVH  The Employer's Liability policy shall be endorsed to waive any right of subrogation against the City, its employees or agents.  $OOVXEFRQWUDFWRUVXVHGPXVWFRPSO\ZLWKWKHDERYHUHTXLUHPHQWVH[FHSWDVQRWHGEHORZ      *HQHUDO5HTXLUHPHQWV $VWRDOORIWKHFKHFNHGLQVXUDQFHUHTXLUHPHQWVDERYHWKHIROORZLQJVKDOODSSO\ 1. 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Maintenance of Coverage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laims Made Policies.,IDQ\RIWKHUHTXLUHGSROLFLHVSURYLGHFODLPVPDGHFRYHUDJH WKHFRYHUDJHVKDOOEHPDLQWDLQHGIRUDSHULRGRIILYH\HDUVDIWHUFRPSOHWLRQRIWKHFRQWUDFW &RQVXOWDQWPD\VDWLVI\WKLVUHTXLUHPHQWE\UHQHZDORIH[LVWLQJFRYHUDJHRUSXUFKDVHRIHLWKHU SULRUDFWVRUWDLOFRYHUDJHDSSOLFDEOHWRVDLGILYH\HDUSHULRG 7. Acceptability of Insurers.,QVXUDQFHLVWREHSODFHGZLWKLQVXUHUVZLWKD%HVW¶VUDWLQJRI QROHVVWKDQ$9,, 8. Subcontractors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¶VVXEFRQWUDFWZLWKVXEFRQWUDFWRU&RQVXOWDQWVKDOOUHTXLUHDOOVXEFRQWUDFWRUVWR SURYLGHDYDOLGFHUWLILFDWHRILQVXUDQFHDQGWKHUHTXLUHGHQGRUVHPHQWVLQFOXGHGLQWKHDJUHHPHQW SULRUWRFRPPHQFHPHQWRIDQ\ZRUNDQGZLOOSURYLGHSURRIRIFRPSOLDQFHWRWKH&LW\  Cotton, Shires and Associates, Inc. Continental Circle Stabilization - Observation and Testing 83 &RQWUDFWRU  3URMHFW1DPH  5HY &LW\RI6DUDWRJD6HUYLFHV&RQWUDFW±([KLELW% 3DJHRI  9. 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RESPONSIBILITY OF CONSULTANT&RQVXOWDQWVKDOOWDNHDOOUHVSRQVLELOLW\IRU WKHZRUNVKDOOEHDUDOOORVVHVDQGGDPDJHVGLUHFWO\RULQGLUHFWO\UHVXOWLQJWR&RQVXOWDQW WRDQ\VXEFRQWUDFWRUWRWKH&LW\WR&LW\RIILFHUVDQGHPSOR\HHVRUWRSDUWLHVGHVLJQDWHG E\WKH&LW\RQDFFRXQWRIWKHSHUIRUPDQFHRUFKDUDFWHURIWKHZRUNXQIRUHVHHQ GLIILFXOWLHVDFFLGHQWVRFFXUUHQFHVRURWKHUFDXVHVWRWKHH[WHQWSUHGLFDWHGRQDFWLYHRU SDVVLYHQHJOLJHQFHRIWKH&RQVXOWDQWRURIDQ\VXEFRQWUDFWRU Cotton, Shires and Associates, Inc. Continental Circle Stabilization - Observation and Testing 90 &RQWUDFWRU  3URMHFW1DPH  5HY &LW\RI6DUDWRJD6HUYLFHV&RQWUDFW±([KLELW& 3DJHRI  13. 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DISPUTE RESOLUTION7KHSDUWLHVVKDOOPDNHDJRRGIDLWKHIIRUWWRVHWWOHDQ\ GLVSXWHRUFODLPDULVLQJXQGHUWKLVDJUHHPHQW,IWKHSDUWLHVIDLOWRUHVROYHVXFKGLVSXWHV RUFODLPVWKH\VKDOOVXEPLWWKHPWRQRQELQGLQJPHGLDWLRQLQ&DOLIRUQLDDWVKDUHG H[SHQVHRIWKHSDUWLHVIRUDWOHDVWKRXUVRIPHGLDWLRQ,IPHGLDWLRQGRHVQRWDUULYHDWD VDWLVIDFWRU\UHVXOWDUELWUDWLRQLIDJUHHGWRE\DOOSDUWLHVRUOLWLJDWLRQPD\EHSXUVXHG,Q WKHHYHQWDQ\GLVSXWHUHVROXWLRQSURFHVVHVDUHLQYROYHGHDFKSDUW\VKDOOEHDULWVRZQ FRVWVDQGDWWRUQH\V¶IHHV 17. LITIGATION,IDQ\OLWLJDWLRQLVFRPPHQFHGEHWZHHQSDUWLHVWRWKLVDJUHHPHQW FRQFHUQLQJDQ\SURYLVLRQKHUHRIRUWKHULJKWVDQGGXWLHVRIDQ\SHUVRQLQUHODWLRQWKHUHWR HDFKSDUW\VKDOOEHDULWVRZQDWWRUQH\V¶IHHVDQGFRVWV 18. JURISDICTION AND SEVERABILITY7KLVDJUHHPHQWVKDOOEHDGPLQLVWHUHGDQG LQWHUSUHWHGXQGHUWKHODZVRIWKH6WDWHRI&DOLIRUQLD-XULVGLFWLRQRIOLWLJDWLRQDULVLQJIURP WKLVDJUHHPHQWVKDOOEHLQWKDWVWDWHDQGYHQXHVKDOOEHLQ6DQWD&ODUD&RXQW\&DOLIRUQLD ,IDQ\SDUWRIWKLVDJUHHPHQWLVIRXQGWRFRQIOLFWZLWKDSSOLFDEOHODZVVXFKSDUWVKDOOEH LQRSHUDWLYHQXOODQGYRLGLQVRIDUDVLWFRQIOLFWVZLWKVDLGODZVEXWWKHUHPDLQGHURIWKLV DJUHHPHQWVKDOOEHLQIXOOIRUFHDQGHIIHFW Cotton, Shires and Associates, Inc. Continental Circle Stabilization - Observation and Testing 93 &RQWUDFWRU3URMHFW1DPH 5HY &LW\RI6DUDWRJD6HUYLFHV&RQWUDFW±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¶VREOLJDWLRQVRUWR H[HUFLVH&LW\ VULJKWVVKDOOLQQRHYHQWEHGHHPHGDZDLYHURIWKHULJKWWRGRVRWKHUHDIWHU -End of Exhibit C- Cotton, Shires and Associates, Inc. Continental Circle Stabilization - Observation and Testing 94 Contractor: Cotton, Shires and Associates, Inc. Project Name: Continental Circle Stabilization – Observation and Testing Exhibit E Page 1 of 8 Exhibit E – Special Requirements Supplemental Provisions – Indemnification Exhibit C, Section 13.0, 13.1, 13.2 is replaced in its entirety with the following: 13. INDEMNIFICATION.Consultant and City Agree that City, its employees, agents and officials shall be protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorney’s fees, litigation costs, defense costs, court costs or any other cost incurred in relation to, as a consequence of or arising out of or in any way attributable, to the negligent, reckless, or willful misconduct in, performance of this agreement as set forth below. Accordingly, the provisions of this indemnity provision are intended by the parties to be interpreted and construed to provide the fullest protection possible under the law to the City. Consultant acknowledges that City would not enter into this agreement in the absence of the commitment of Consultant to indemnify and protect City as set forth below. 13.1 General Indemnity.To the fullest extent permitted by law, Consultant shall indemnify and hold harmless City, its employees, agents and officials, from any liability, damages, losses, expenses or costs (including, without limitation, costs and fees of alternative dispute resolution and litigation) of any kind whatsoever to the extent incurred in relation to, as a consequence of or arising out of or in any way attributable to negligence, recklessness, or willful misconduct of the Consultant, or its employees, agents, or subcontractors for whom Consultant is legally liable. All obligations under this provision are to be paid by Consultant as they are incurred by the City. 13.2 Duty to Defend: As respects claims other than Professional Liability.In addition to Consultant's obligation to indemnify City, Consultant shall defend, in all legal, equitable, administrative, or special proceedings, with counsel approved by the City, the City and its councilmembers, officers, and employees, immediately upon tender to Consultant of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. An allegation or determination that persons other than Consultant are responsible for the claim does not relieve Consultant from its separate and distinct obligation to defend. The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes an obligation to provide independent defense counsel if Consultant asserts that liability is caused in whole or in part by the negligence or willful misconduct of the indemnified party. If it is finally adjudicated that liability was caused solely by the negligence or willful misconduct of an indemnified party, Consultant may submit a claim to the City for reimbursement of reasonable attorneys' fees and defense costs in proportion to the established comparative liability of the indemnified party. Regarding Professional Liability Claims, Consultant shall have no upfront duty to defend the Client (including it officers, directors, employees, etc), but shall reimburse Client its legal fees and defense costs to the extent ultimately determined to be caused by Consultant's negligence, including the negligence of those for whom Consultant is legally liable. 95 Contractor: Cotton, Shires and Associates, Inc. Project Name: Continental Circle Stabilization – Observation and Testing Exhibit E Page 2 of 8 Construction/Maintenance Services General Conditions The following general conditions apply to the soil boring services being provided in connection with Task I and the staking services being provided in connection with Task V both as referenced in Exhibit A-1 of this contract (the “Work”). 1.1 The Contract is subject to the provisions of Part 7 of Division 2 of the California Labor Code (Sections 1720 and following), and Contractor and any subcontractor shall pay not less than the prevailing rates of wage as determined by the California Department of Industrial Relations (“DIR”) to all workers employed in performance of the Work. Pursuant to the provisions of Section 1770 of the Labor Code of the State of California, the City has obtained the general prevailing rate of wages and employer payments for health and welfare, vacation, pension and similar purposes in the vicinity of the Work, a copy of which is on file in the office of the City, and shall be made available for viewing to any interested party upon request. Full compensation for conforming to the requirements of this section 4 shall be deemed included in the prices paid for the various contract items of work, and no separate payment will be made therefor. 1.2 Contractor and all subcontractors are not qualified to bid on or be listed in a bid proposal, subject to the requirements of section 4104 of the California Labor Code, and shall not engage in the performance of any work under this contract, unless currently registered and qualified to perform public work pursuant to section 1725.5 of the California Labor Code. Contractor represents and warrants that it is, registered and qualified to perform public work pursuant to section 1725.5 of the California Labor Code unless otherwise noted in supplemental provisions hereto. 1.3 Contractor shall post at the job site the determination of the director of the prevailing rate of per diem wages together with all job site notices that are required by regulations of the DIR. 1.4 As required by Labor Code Section 1773.8, the Contractor shall pay travel and subsistence payments to each worker needed to perform the Work, as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Section 1773.8. 1.5 This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractor and any subcontractors shall keep accurate payroll records, in accordance with Section 1776 of the Labor Code, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by Contractor or subcontractor in connection with the Work and shall furnish the records specified in California Labor Code section 1776 directly to the Labor Commissioner at least monthly in a format prescribed by the Labor Commissioner and otherwise in accordance with law. 1.6 The Contractor or subcontractor shall, as a penalty to City, forfeit twenty-five dollars ($25) for 96 Contractor: Cotton, Shires and Associates, Inc. Project Name: Continental Circle Stabilization – Observation and Testing Exhibit E Page 3 of 8 each worker employed in the execution of the contract by the respective contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of this section 1 of Exhibit E. 1.7 Contractor’s attention is directed to the provisions in Section 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor. It shall be the responsibility of the Contractor to effectuate compliance on the part of itself and any subcontractors with the requirements of said sections in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 1.8 Pursuant to the requirements of Division 4 of the Labor Code, the Contractor will be required to secure the payment of worker’s compensation to its employees in accordance with the provisions of Section 3700 of the Labor Code. Prior to commencement of work, the Contractor shall sign and file with the Administrator a certification in the following form: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker’s compensation or to undertake self-insurance in accordance with the provisions before commencing the performance of the work of this contract." 2. Conduct of the Work.Contractor shall: • Priorto the start of Work,submitto the Administrator,the ContractorSafety Agreementattachedas ExhibitE-1, theDepartmentof IndustrialRelationsReportingForm attachedas Exhibit E-2, and the Workers Compensation Acknowledgement attached as ExhibitE-3 each signed by an authorized representativeof Contractor • Submit all required samples, product data, certificates, operations and maintenance instructions,guarantees, and other submittalsno later than five (5) daysafterthedate the City issues a Notice to Proceed. • Ensure all necessary permits and approvals for the Work have been obtained. • Protect all materials to be used in the Work in accordance with the specifications. • Protect existing facilities and personal property. • Remove from the project site all debris resulting from performance of the Work no less often than daily. If Contractor fails to do so, City may, after twenty-four (24) hours' notice to Contractor, clean up the site and deduct the cost from the Contract Price. • For projects scheduled to require more than three (3) days to complete, prepare and submita writtendailyactivityreporttoCityforeachdayonwhichworkis performed, including weekends and holidays when worked, and submit the reports to the City no 97 Contractor: Cotton, Shires and Associates, Inc. Project Name: Continental Circle Stabilization – Observation and Testing Exhibit E Page 4 of 8 later than the next day that the City is open for business. The daily reports shall,ata minimum, include the following information: construction activities and locations, start or completionof activities,progresson constructionactivities(includingunits or portions of work completed), tests or inspectionsperformed, deliveries of material or equipment, delays or potential delays, visitors to the site, weather conditions, construction equipment used, and personal injuries or damage to property. • Unload, hoisting and otherwise handling its own materials, supplies and equipment. •Keepitselffullyinformedof all applicablelaws includingexistingand futurestateand federal laws and county and municipal ordinances and regulations which in any manner affect those engaged or employed in the work, or the materials used in the work, or which in any way affect the conduct of work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. • Observe and comply with, and cause all of its agents and employees to observe and comply with, all such applicable laws; and shall protect and indemnify the City, and all elected officials, officers, employees,and agents thereof connectedwith the Work, against any claim or liability arising from or based on the violation of any such law, ordinance, regulation, order, or decree. If any discrepancy or inconsistency is discovered in the plans, drawings, specifications, or contract for the work in relation to any such law, ordinance, regulation, order or decree, Contractor shall forthwith report the same to the Administratorin writing. • Set up, identify, coordinate, provide safe access, and obtain all inspections for its work, as required by any authorized agency or applicablecode, prior to covering up work. 3. Progress Of The Work. A. Contractor shall perform all work during the hours of 7:00 a.m. to 3:30 p.m., Mondaythrough Friday unless otherwise specified in the Special Provisions or authorized by the City in writing.If the Contractorwishes to work duringany otherhours or onweekends, writtenpermissionmustbereceivedfromthe City. Therequestmustbe receivedat least two(2)workingdaysinadvanceofanywork. Noworkwillbeallowedonlegalholidaysexcept in the case of an emergency. A listing of holidays observed by City is on file inthe office of the Administrator. If Contractor requests overtime work in which the City will incur costs, Contractorshall be responsiblefor payment of the City’s costs incurred in connection with the overtime work. The City will invoice the Contractor at time and one half to cover the costs incurred. If Contractor does not pay the invoice within ten days, the City may deduct the amount billed from other payments due or to become due to Contractor under the Contract. B. The Administratoror Administrator’sdesignee shall have the authority to suspend the Work, wholly or in part, for such a period as the Administratormay deem necessary. 4. Changes In Work. A. Contractor shall make no changes in the Work without written direction from the City. Contractor shall not be compensated for any change made without any such written 98 Contractor: Cotton, Shires and Associates, Inc. Project Name: Continental Circle Stabilization – Observation and Testing Exhibit E Page 5 of 8 direction. No changes in the Work covered by this agreement shall exonerate any surety or any bond given in connection with this agreement. B. If the City directs the Contractor in writing to make changes in the Work that materially affect the cost of performingthe Work,the ContractPricewill be adjusted based on one of the following: i. Where the work involved is covered by unit prices contained in the Contract Documents, by application of unit prices to the quantities involved in the changed Work; ii. By establishment of new unit prices and related quantities for the changed Work; iii. By a combination of existing and new unit prices and related quantitiesfor the changed Work; or iv. By mutual acceptance of a lump sum. C. If the City directs the Contractor in writing to make changes in the Work that Contractor demonstrates materially affect the time required to perform the work, the City will make a reasonable adjustment to the Contract Time. 5. Inspection and Protection Of Work. A. Contractor shall make the Work accessible at all reasonable times for inspection by the City. Contractor shall, at the first opportunity, inspect all material and equipment delivered to the jobsite by others to be used or incorporatedin the Contractor's work and give prompt notice of any defect therein. Contractor assumes full responsibility to protect the work done hereunder until final acceptance by the City. B. When the Work is completed, Contractor shall request, in writing, a final inspection. Withinten(10)daysofthereceiptofsuchrequest,theCityshallmakea final inspection. The Contractoror its representativesmay be present at the final inspection. Thepurpose of such final inspection shall be to determine whether the Work has been completed in accordance with the Contract Documents, including all change orders and all interpretationsand instructions previously issued. 6. Utility Facilities.A. The Contractor shall protect from damage any utility facilities that are to remain inplace, be installed, relocated or otherwise rearranged. B. If Contractorwhile performingthe Work discovers utility facilities not identified in the ContractDocuments,ContractorshallimmediatelynotifytheCityandtheutility provider. City shall arrange the removal, relocation, or protection of existing main or trunk line utility facilities located at the site of the Work but not identified in the Contract. 99 Contractor: Cotton, Shires and Associates, Inc. Project Name: Continental Circle Stabilization – Observation and Testing Exhibit E Page 6 of 8 C. IftheContractoris requiredtolocate,repairdamagenotduetotheContractor’sfailure to exercise reasonable care, and remove or relocate existing main or trunk line utility facilities,itshallbecompensated undertheChangessectionofthisContract,including payment for equipment on the Project necessarily idled during such work. D. Contractor will not be entitled to damages or additional payment for delays caused solely by the failure of City, or the utility provider, to provide for removal or relocationof existing main or trunk line utility facilities not identified in the Contract Documents, except for equipment necessarily idled during such work. E. Contractorshall not be assessed liquidateddamages for delay in completing the Work solely attributable to the failure of City, or the owner of the utility, to provide for removal or relocation of existing main or trunk line utility facilities not indicated in the Contract Documents with reasonable accuracy. F. The right is reserved by the City and its authorized agents, to enter the job for the purpose of makingsuch changesas are necessaryfor the rearrangementof its facilities or for making necessary connections or repairs to their properties. The Contractor shall cooperatewith forces engaged in such work and shall conduct operationsin such amannerasto avoidany delayorhindrancetotheworkbeingperformedby suchother forces. G. Attention is directed to the possible existence of underground facilities not known to the City, or in a location different from that which is shown on the plans or in the Special Provisions. The Contractor shall take all steps reasonably necessary to ascertain the exact location of all underground facilities prior to doingworkthatmay damage such facilities or interfere with their service, including but not limited to calling USA utility locator service to mark utilities. 7. Differing Site Conditions. A. The Contractor shall promptly, and before the following conditions are disturbed,notify the City in writing of any:i. Material that the Contractor believes may be hazardous waste, as definedinSection 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisionsof existing law; ii. Subsurface or latent physical conditions at the site differing materially from those indicated by information about the site made available to bidders prior to the deadline for submitting bids; or iii. Unknown physical conditions at the site of any unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Contract. B. The City shall promptly investigate the conditions, and if it finds that such conditions do materially so differ, or do involve hazardous waste, and cause an increase or decrease in the Contractor's cost of, or the time required for, 100 Contractor: Cotton, Shires and Associates, Inc. Project Name: Continental Circle Stabilization – Observation and Testing Exhibit E Page 7 of 8 performance of any part of the Work, it shall issue a change order under the provisions described in the Contract Documents. C. NoclaimoftheContractorunderthissection6 shallbeallowedunlesstheContractor has given the notice required in the Contract Documents. D. In the event a dispute arises between the City and the Contractor as to whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor's cost of, or time required for, performance of any part of the work, Contractor shall not be excused from completing the Work. The Contractor shall proceed with all work to be performed under the Contract. The Contractor shall retain any and all rights provided either by this Contract or by law which pertain to the resolution of disputes and protests. 8. Cooperation And Care. A. Should construction be under way by the City, other agencies or other contractors within or adjacent to the limits of the work specified or should work of anyother naturebe under way by other forces within or adjacent to said limits, the Contractor shall cooperate with all such other contractors or other forces to the end that any delay or hindrance to their work will be avoided. The City reserves the right to perform other or additional work at or near the site (including material sources) at any time, by the use of other forces. B. Until the final acceptance of the contract, the Contractor shall have thechargeand care of the Work and of the materials to be used therein, including materials for which partial payment has been received. The City shall not be held responsiblefor the care or protection of any material or parts of the Work prior to final acceptance, except as expressly provided in the Special Provisions. 9. Time. A. Time is of the essence of this agreement. Contractor shall provide City withscheduling information in a form acceptable to City, including any changes madeby City in the scheduling of work. Contractor shall coordinate its work with that ofallother contractors,subcontractorsand suppliersso as not to delay or damagetheirperformance. It is further agreed that in case Contractor fails to complete the Workin all parts and requirements within the Contract Time set forth in Exhibit A, theCity shall have the right to extend the Contract Time or not, as may seem best toservetheinterestoftheCity;and ifit decidesto extendtheContractTime,Cityshallfurther have the right to charge to the Contractor, its heirs, assigns or sureties, andto deduct from the payment for the Work, all or any part, as it may deem proper, ofthe actual cost of engineering, inspection, superintendence, and other overheadexpenseswhich are directly chargeableto the Contract,and which accrue duringtheperiod of such extension. In the event that Contractor's work is delayed for anyreason,includingactsofCity,Contractor'ssole remedyshallbean extensionoftimeequal to the period of delay, provided Contractor has given City written notice ofthe commencement of delay within 48 hours of its occurrence. If the City accepts 101 Contractor: Cotton, Shires and Associates, Inc. Project Name: Continental Circle Stabilization – Observation and Testing Exhibit E Page 8 of 8 any work or makes any payment under this agreement after a default by reason ofdelays, the payment or payments shall in no respect constitute a waiver or modification of any agreement provisions regarding time of completion and liquidated damages. -End of Exhibit E- 102 103 104 105 RESOLUTION NO.__________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA TO TRANSFER FUNDS TO THE CONTINENTAL CIRCLE LANDSLIDE STABILIZATION CIP PROJECT FROM THE MT. EDEN ROAD EROSION REPAIR CIP PROJECT WHEREAS, the City Council desires to maintain the City’s hillside roadways and retaining walls,and WHEREAS,Mt. Eden Road and Continental Circle have been undermined by erosion and landslides respectively thereby making the roadways unstable, and WHEREAS, in early 2020, the City Council authorized new CIP projects in the FY 2020/21 budget for the Mt. Eden Road Erosion Repair and Continental Circle Landslide Stabilization, and WHEREAS, City Staff has now defined a clear scope of work for the Continental Circle Landslide Stabilization Project based off investigation and reports by the City Geologist, and WHEREAS, the scope of work for the Continental Circle Landslide Stabilization Project is found to be more complex than was budgeted for, and WHEREAS,additional funds are needed to complete the Continental Circle Landslide Stabilization Project, and WHEREAS,such additional funds can be borrowed from the Mt. Eden Road Erosion Repair Project budget because the Mt. Eden Road Erosion Repair Project will not begin until Fiscal Year 2021/22, and WHEREAS, it is necessary to adjust the Fiscal Year 2020/21 Operating and Capital Improvement Budget as follows; Account Description Account Number Increase Decrease To appropriate the transfer out and reduce expenditure of the Mt. Eden Road Erosion Repair CIP project: Transfer Out 411.9153-005.99999 $ 75,000 Expenditure 411.9153-006.81161 $75,000 To appropriate the transfer in of funding and increase the expenditure appropriations for the Continental Circle Landslide Stabilization CIP project: Transfer in 411.9153-006.49999 $ 75,000 Expenditure 411.9153-006.81161 $ 75,000 106 NOW, THEREFORE, BE IT RESOLVED,that the City Council of the City of Saratoga hereby approves the above adjustments to the Fiscal Year 2020/21 Operating and Capital Improvement Budget. BE IT FURTHER RESOLVED, the above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 17 th day of February 2021 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________ Yan Zhao, Mayor City of Saratoga Attest: _______________________ Debbie Bretschneider, City Clerk City of Saratoga 107 1 SARATOGA CITY COUNCIL MEETING DATE:February 17, 2021 DEPARTMENT:City Attorney PREPARED BY:Richard Taylor, City Attorney SUBJECT:City Council Term Limits RECOMMENDED ACTION: Staff recommends that the City Council receive this report and provide direction to staff. BACKGROUND: The Mayor requested that the City Council be provided with information on terms limits. Saratoga voters adopted an advisory measure concerning term limits in 1992. Because it is an advisory measure it is not binding. (A copy of the measure is included as Attachment A.) This report describes the legal requirements applicable to setting binding term limits for City Council members and includes a summary of the term limits in place in other Santa Clara County jurisdictions in Attachment B. In 2020 the City Council considered placing a term limits measure on the ballot but did not do so. As part of that process the Council adopted a resolution stating that it agreed that existing members of the City Council should voluntarily comply with the 1992 advisory measure with respect to future elections. The staff reports are included as background information as Attachments C and D and the adopted resolution .is included as Attachment E. Legal Requirements When the advisory measure was adopted in 1992, state law did not permit general law cities to enact term limits for Council Members.Since then, the law has changed such that cities may adopt term limits. A term limit measure must (1) be approved by the voters of the city at a regularly scheduled election and (2) apply prospectively only. (See Government Code section 36502(b).) The “prospectively” provision has been interpreted to mean that a term limit ordinance may apply only to terms beginning on or after the election date when the ordinance is approved by the 108 2 voters. The law does not allow cities to adopt term limit measures that make current or prior terms subject to the term limits. Therefore, while the City has the authority to adopt term limits applicable to terms served after adoption of the term limit ordinance, it does not have the ability to adopt a measure that would apply to the terms of current or past Council members. Practically speaking, this means that if the voters approved a term limits measure at the November 2022 election, those requirements would apply starting with the terms of Council members elected or re-elected at that election. A term limits ordinance must specify the number of terms that may be served. If a Council member may run for additional terms after a break in service the ordinance should specify the duration of the break that is required. The 1992 Advisory Measure set forth a limit of two successive terms and called for a three year break in service before running for re-election. Among the Santa Clara County cities with term limits one has lifetime limit of two terms, 7 require a break of two years, 3 require more than two years and one requires 22 months. (Attachment B summarizes the approach used in Santa Clara County cities.) The ordinance should also specify when a partial term is counted as a term that is subject to the term limits. In most jurisdictions that is set at two years. The 1992 Advisory Measure set three or more years of service in a partial term as counting as a term subject to term limits. In order to place a term limits measure on the ballot the City Council would need to direct preparation of a ballot measure and adopt a resolution placing that measure on the ballot and making various other determinations no later than 88 days before the election (e.g., August 12, 2022 for measures to be on the November 2022 ballot). The June 17, 2020 staff report illustrates the nature of the materials to be adopted. ATTACHMENTS Attachment A - 1992 Advisory Measure Attachment B – Summary of Santa Clara County City Term Limits Attachment C – Staff Report from June 17, 2020 Attachment D – Staff Report from July 1, 2020 Attachment E – Resolution 20-052 adopted July 1, 2020 (1336988.1).docx 109 110 111 Attachment B Term Limits Adopted by Cities In Santa Clara County City Term Limits Campbell Two consecutive terms. 22 month break in service before running again. Applies to partial terms of 2 years or more. Cupertino Two consecutive terms. Four year break in service before running again. Applies to partial term of more than 2 years and 354 days. Gilroy No term limits per 2020 Candidate Guide. Los Altos Two consecutive terms. Two year break in service before running again. Does not apply to any partial term. Los Altos Hills Two consecutive terms. Two year break in service before running again. Does not address partial terms. Los Gatos Two consecutive terms. Four year break in service before running again. Applies to partial terms of 2 years or more. Milpitas Three consecutive terms as Mayor or Council member; four consecutive terms if Mayor is elected Council member (or vice-versa). Two year break in service before running again. Applies to partial terms of 2 years or more. Monte Sereno Two consecutive terms. Two year break in service before running again. Applies to partial terms of 2 years or more. Morgan Hill None per 2020 Candidate Guide. Mountain View Two consecutive terms. Two year break in service before running again. Applies to partial terms of 2 years or more. Palo Alto Two consecutive terms. Two year break in service before running again. Applies to partial terms of 2 years or more. San Jose Two consecutive terms. Two year break in service before running again. Applies to partial terms of 2 years or more. Santa Clara Two terms total. Applies to partial terms of 2 years or more. 112 Sunnyvale Three consecutive four-year terms as Mayor or Council member, of which no more than two terms can be as Mayor and no more than two terms can be as a member of the Council. Anyone who has served three consecutive terms as a council member and mayor must wait four years before serving again. Any person who serves a four-year elective term and is either not re- elected or does not run for election for a second or third successive term is eligible to serve after two years have passed since that person last held office as Mayor or Councilmember. Applies to partial terms of 2 years or more. (1332324.1).docx 113 1 SARATOGA CITY COUNCIL MEETING DATE:June 17, 2020 DEPARTMENT:City Attorney PREPARED BY:Richard Taylor, City Attorney SUBJECT: Proposed Ballot Measure to Adopt Term Limits for Saratoga City Council Members, Providing that No Council Member Serve More than Two Consecutive Full Terms Without an Intervening Period of Three Years RECOMMENDED ACTION: Staff recommends that the City Council: 1. Provide direction to staff regarding whether the City Council wishes to place a measure on the November 2020 ballot providing for term limits for Council Members. 2. If the City Council wishes to place a measure on the ballot, provide direction to staff on the following so that a formal resolution placing the measure on the ballot can be included on the Consent Calendar at the next regular Council meeting: a. The specific terms of that measure; b. The ballot question; c. Whether the full text of the measure should appear in the voter pamphlet; and d. Whether the City Council wishes to authorize one or more members to file arguments for or against the proposed measure. BACKGROUND: On June 3rd, Vice Mayor Bernald with support from Council Member Kumar asked that the Council consider placing a measure on the November ballot to establish term limits for current and future Council Members. Although Saratoga voters adopted an advisory measure concerning term limits in 1992, that measure is not binding. The draft measure included as Attachment A would establish binding term limits consistent with the terms of the 1992 advisory measure. (A copy of the 1992 measure is included as Attachment B.) The remainder of this report describes items that the Council should consider if it wants to move forward with such a measure. 114 2 Legal Requirements When the advisory measure was adopted in 1992, state law did not permit general law cities to enact term limits for Council Members. Since then, the law has changed such that cities may adopt term limits when approved by a vote of the people. Under Government Code section 36502(b), any proposal to enact term limits must apply prospectively only. The “prospectively” provision has been interpreted to mean that a term limit ordinance may apply only to terms beginning on or after the election date when the ordinance is approved by the voters. The law does not allow cities to adopt term limit measures that make current or prior terms subject to the term limits. Therefore, while the City has the authority to adopt term limits applicable to terms served after adoption of the term limit ordinance, it does not have the ability to adopt a measure that would apply to the terms of current or past Council Members. Proposed Measure The attached measure would enact term limits for members of the Saratoga City Council consistent with the terms of the 1992 advisory measure. If adopted: Council Members could not serve more than two consecutive full terms; After serving two consecutive full terms, Council Members would not be permitted to serve again until a period of three or more years has elapsed from the final day of their last consecutive term; and Any member who serves three or more years of an elected or appointed term, or who is removed or resigns, would be considered to have served a full term. Adoption would require the approval of the majority of voters in the November 3, 2020 election. Due to the legal requirements discussed above, this measure would apply to future terms only. In light of the request that the measure be structured to apply to existing Council members, the measure includes a non-binding finding stating that the voters urge existing members of the City Council to voluntarily comply with the advisory measure. Alternative Approaches Cities that have enacted term limit ordinances have done so in a variety of ways. Each element of the ordinance can be tailored as the City Council finds appropriate. For instance, changes could be made to the total number of terms permitted, or length of the intervening period between terms. Alternatively, a lifetime term limit could be enacted in lieu of a consecutive term limit. Below are examples of term limit ordinances from other south-bay cities. Sunnyvale: The City has a term limit of three four-year terms in a sixteen-year period, of which no more than two terms can be as Mayor and no more than two terms can be as a member of the Council. The Mayor is elected at-large by the voters. Campbell: No person may serve more than two consecutive terms. Anyone who has served two consecutive City Council terms may seek election or appointment to the City Council twenty-two months following the end of the two consecutive City Council terms. 115 3 Los Altos: No person may serve more than two consecutive terms plus the reminder of an unexpired term that a member was appointed or elected to on the Los Altos City Council. Ballot Materials When placing the measure on the ballot, the City Council must specify the question that will appear on the ballot in connection with the measure.The question is limited to 75 words. Staffis proposing the following question, which can be revised and refined as needed: Shall the City of Saratoga adopt an ordinance establishing term limits for members of the Saratoga City Council, limiting members to two consecutive terms and preventing any person who has served two consecutive full terms from serving again until a period of three years has elapsed since the final day of their last full term? Full Text in Voter Information Pamphlet:The Council must decide if the full text of the measure will be included with voter materials, or omitted and made available on the City website or by request. Inclusion in the ballot materials is not legally required, and would somewhat increase the expense associated with producing the materials. Regardless of whether the full text of the measure is included in the voter materials, ballot materials would include an impartial analysis of the measure. Ballot Arguments: Ballot arguments for and against a measure and rebuttals to those arguments are included in voter information materials. The arguments for or against the measure may be written by the City Council, any member or members of the City Council, any voter, a bona fide association of citizens, or any combination of voters and associations. The Council must decide if they would like to authorize one or more Council Members to file arguments for or against the measure. Fiscal Impact The Registrar of Voters has estimated that the cost of a ballot measure with six pages of materials would be roughly $50,000. Because the measure is only two pages, staff expects that it plus the arguments, rebuttals, and impartial analysis would likely comprise six pages. Next Steps If the Council directs staff to move forward, staff will prepare a resolution reflecting Council direction and place it on the Consent Calendar for the July 1, 2020 meeting. The deadline for jurisdictions to submit ballot measures to the Santa Clara County Registrar of Voters to be included on the November 2020 General Election ballot is August 7, 2020. ATTACHMENTS Attachment A - Proposed Measure Text Attachment B - 1992 Advisory Measure 1252435.1 116 1 measure. 117 2 1250762.6 118 119 120 1 SARATOGA CITY COUNCIL MEETING DATE:July 1, 2020 DEPARTMENT:City Attorney PREPARED BY:Richard Taylor, City Attorney SUBJECT: 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. BACKGROUND: At its June 17, 2020 City Council meeting the Council directed staff to bring forward a resolution to place a term limit measure on the November 2020 ballot and a resolution regarding compliance with the 1992 term limits advisory measure by current members of the City Council. The resolutions are attached and are discussed below. 121 2 Term Limits Resolution This resolution would place the term limits ordinance attached to the resolution before the voters. If adopted: Council Members could not serve more than two consecutive full terms; After serving two consecutive full terms, Council Members would not be permitted to serve again until a period of three or more years has elapsed from the final day of their last consecutive term; and Any member who serves three or more years of an elected or appointed term, or who is removed or resigns, would be considered to have served a full term. Adoption would require the approval of the majority of voters in the November 3, 2020 election. Due to restrictions imposed by state law, this measure would apply to future terms only. However, at Council direction the measure includes a non-binding finding which references the City’s 1992 advisory measure on term limits and urges existing members of the City Council to voluntarily comply with that measure. The resolution also addresses various procedural matters. When placing the measure before the voters, the City Council must specify the question that will appear on the ballot. The resolution specifies the following question: Shall the City of Saratoga adopt an ordinance establishing term limits for members of the Saratoga City Council, limiting members to two consecutive terms and preventing any person who has served two consecutive full terms from serving again until a period of three years has elapsed since the final day of their last full term? The resolution also directs that the ballot materials include the full text of the measure together with an impartial analysis of the measure by the City Attorney. As directed by the City Council at the June 17 meeting the resolution further authorizes Council members Kumar and Zhao to file an argument in support of the measure and authorizes Mayor Miller and Vice Mayor Bernald to file an argument in opposition to the measure. Finally, the resolution rescinds the City Council’s prior authorization of rebuttal arguments. Resolution Regarding Voluntary Compliance with the Term Limits Advisory Measure As discussed in the June 17, 2020 staff report, state law does not allow the City to adopt a term limits measure that applies to terms previously or currently served. To allow the public to indicate their preference that the measure apply to current Council members, the ballot measure includes the following finding that would be adopted if the measure is approved by the voters: 122 3 Under limits imposed by State law, this measure applies only to those terms of office which commence on or after November 3, 2020. However, this measure does not repeal the 1992 advisory measure and the voters urge existing members of the City Council to voluntarily comply with that measure. The attached resolution would express the Council’s support for this finding and includes a non- binding statement that the council agrees that existing members of the City Council should voluntarily comply with the 1992 advisory measure with respect to future elections even if not bound by the terms of the ordinance that is the subject of the ballot measure Next Steps The City Clerk will submit the resolution with the ballot measure to the Santa Clara County Registrar of Voters to be included on the November 2020 General Election ballot. ATTACHMENTS Attachment A – Resolution Regarding Voluntary Compliance with the Term Limits Described in the 1992 City of Saratoga Term Limits Advisory Measure Attachment B – Resolution Calling an Election on the Term Limits Ordinance 1257492.1 123 1 RESOLUTION 20-__ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA REGARDING VOLUNTARY COMPLIANCE WITH THE TERM LIMITS DESCRIBED IN THE 1992 CITY OF SARATOGA TERM LIMITS ADVISORY MEASURE WHEREAS, in 1992 the voters of the City of Saratoga approved a non-binding advisory measure providing: No person is eligible for election to the office of City Councilmember more than twice in succession. A member of the City Council who has served seven (7) consecutive years or longer on the Council is ineligible for election to, or appointment to, such office for a period of three (3) years following the end of his or her last service. WHEREAS, if the 1992 advisory measure were a binding measure, following expiration of their terms Mayor Miller, Vice Mayor Bernald, and Council members Capello and Kumar would not be eligible to run for City Council for a period of three years. Council member Zhao would be eligible to run for re-election and if re-elected would not be eligible to run again for a period of three years. WHEREAS,the City Council is considering placing a measure on the November ballot to adopt a term limits ordinance that would establish binding term limits applicable to terms served following its adoption. WHEREAS, state law does not allow the term limits ordinance to apply to terms that have been or are currently being served. WHEREAS, the proposed November ballot measure includes the following finding: D. Under limits imposed by State law, this measure applies only to those terms of office which commence on or after November 3, 2020. However, this measure does not repeal the 1992 advisory measure and the voters urge existing members of the City Council to voluntarily comply with that measure. WHEREAS, the City Council wishes to express its agreement with the above-referenced finding. NOW, THEREFORE,BE IT RESOLVED by the City Council of the City of Saratoga, that the City Council declares that it agrees that existing members of the City Council should voluntarily comply with the 1992 advisory measure with respect to future elections. - Continued on the Next Page - 124 2 The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 1 st day of July 2020 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Howard A. Miller, Mayor ATTEST: DATE: Debbie Bretschneider, CMC, City Clerk 1257599.4 125 1 RESOLUTION 20-__ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA ORDERING THE SUBMISSION TO THE VOTERS OF THE CITY A MEASURE ESTABLISHING CITY COUNCIL TERM LIMITS AT THE GENERAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3, 2020, AS CALLED BY RESOLUTION NO. 20-030 WHEREAS, a General election on Tuesday, November 3, 2020 has been called by Resolution NO. 20-030 adopted on June 3, 2020; and WHEREAS, the Saratoga City Council also desires to submit to the voters at that election a measure concerning the adoption of an ordinance establishing term limits for City Council members; NOW, THEREFORE, be it resolved by the City Council of the City of Saratoga: 1. The City Council, pursuant to its right and authority, does order submitted to the voters at the General Municipal Election the following question: Shall the City of Saratoga adopt an ordinance establishing term limits for members of the Saratoga City Council, limiting members to two consecutive terms and preventing any person who has served two consecutive full terms from serving again until a period of three years has elapsed since the final day of their last full term? YES NO 2. The text of the measure referenced above is attached hereto as Attachment 1 and the City Clerk is directed to transmit a copy of said measure to the City Attorney for preparation of an impartial analysis of the measure showing its effect on existing law and the operation of the measure. 3. The vote requirement for the measure to pass is a simple majority (50%+1) of the votes cast. 4. The entire text of the measure shall be placed in the voter information sample ballot and shall also be available without charge at City Hall, on the City website, and by mail upon request. The full text to be included in the sample ballot is marked at the beginning with “Start Here” and at the end with “End End.” 5. Written arguments for and against the measure referenced above shall be filed with the City Clerk no later than August 10, 2020. 126 2 6. In accordance with Elections Code 9282(b) Council members Kumar and Zhao are authorized to file an argument in favor of the measure and Mayor Miller and Vice Mayor Bernald are authorized to file an argument in opposition to the measure. 7. In accordance with Elections Code section 9285(b), the City of Saratoga hereby repeals its prior authorization for rebuttal arguments to be filed on City measures. Rebuttal arguments are no longer authorized. 8. That in all particulars not recited in this resolution, the election shall be held and conducted as provided for by law. The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 1st day of July 2020 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Howard A. Miller, Mayor ATTEST: DATE: Debbie Bretschneider, CMC, City Clerk 127 3 Attachment 1 Start Here City of Saratoga Term Limits for City Council Members Section 1. Purpose and Findings A. The purpose of this measure is to establish legally binding term limits for the Saratoga City Council. B. In 1992, the voters of Saratoga adopted a non-binding advisory measure which reflected the desire of the voters that service of Saratoga City Council Members be limited to two consecutive full terms after which the individual would not be eligible for reelection until three years had elapsed. C. This measure would limit Council Members to serving two consecutive full terms. After serving two consecutive terms, Council Members would not be eligible to serve again until at least three years have elapsed. D. Under limits imposed by State law, this measure applies only to those terms of office which commence on or after November 3, 2020. However, this measure does not repeal the 1992 advisory measure and the voters urge existing members of the City Council to voluntarily comply with that measure. Section 2. Amendment to Saratoga Municipal Code In accordance with Government Code 36502(b), Section 2-10.200 is added to the Saratoga Municipal Code to read: 2-10.200 Term Limits. (a) No person may serve more than two consecutive full terms on the Saratoga City Council. (b) No person who has served two consecutive full terms on the Saratoga City Council may serve again until at least three years has elapsed from the final day of that person’s last full term as a member of the City Council. (c) For purposes of this section, any person who has served three or more years of an elected or appointed term shall be deemed to have served a full term. A partial term of less than three years shall not be counted as a full term. Any person who is removed or has resigned from office shall be deemed to have served a full term. 128 4 (d) This section was adopted by the voters of the City of Saratoga at the November 3, 2020 election and shall not be repealed or amended except by a measure approved by a majority of the electors voting on the issue at an election legally called for that purpose. Section 3. Implementation. A. This ordinance shall take effect only if approved by a majority of voters of the City of Saratoga at the November 3, 2020 election. B. The Saratoga Municipal Code provisions of this ordinance shall apply prospectively only, to those terms of office which commence on or after November 3, 2020. C. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, part, or portion of this measure is held to be invalid or unconstitutional by a final judgment of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this measure. The voters hereby declare that this measure, and each section, subsection, paragraph, subparagraph, sentence, clause, phrase, part, or portion thereof would have been adopted or passed even if one or more sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, parts, or portions are declared invalid or unconstitutional. If any provision of this measure is held invalid as applied to any person or circumstance, such invalidity shall not affect any application of this measure that can be given effect without the invalid application. End End 1250758.4 129 RESOLUTION 20-052 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA REGARDING VOLUNTARY COMPLIANCE WITH THE TERM LIMITS DESCRIBED IN THE 1992 CITY OF SARATOGA TERM LIMITS ADVISORY MEASURE WHEREAS, in 1992 the voters of the City of Saratoga approved a non -binding advisory measure providing: No person is eligible for election to the office of City Councilmember more than twice in succession. A member of the City Council who has served seven (7) consecutive years or longer on the Council is ineligible for election to, or appointment to, such office for a period of three (3) years following the end of his or her last service. WHEREAS, if the 1992 advisory measure were a binding measure, following expiration of their terms Mayor Miller, Vice Mayor Bernald, and Council members Capello and Kumar would not be eligible to run for City Council for a period of three years. Council member Zhao would be eligible to run for re-election and if re-elected would not be eligible to run again for a period of three years. WHEREAS, the City Council is considering placing a measure on the November ballot to adopt a term limits ordinance that would establish binding term limits applicable to terms served following its adoption. WHEREAS, state law does not allow the term limits ordinance to apply to terms that have been or are currently being served. WHEREAS, the proposed November ballot measure includes the following finding: D. Under limits imposed by State law, this measure applies only to those terms of office which commence on or after November 3, 2020. However, this measure does not repeal the 1992 advisory measure and the voters urge existing members of the City Council to voluntarily comply with that measure. WHEREAS, the City Council wishes to express its agreement with the above -referenced finding. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Saratoga, that the City Council declares that it agrees that existing members of the City Council should voluntarily comply with the 1992 advisory measure with respect to future elections. Continued on the Next Page - 130 The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 1" day of July 2020 by the following vote: AYES: Mayor Howard A. Miller, Vice Mayor Mary -Lynne Bernald, Council Members E. Manny Cappello, Yan Zhao NOES: Council Member Kumar ABSENT: ABSTAIN: Howard A. Miller, Mayor ATE DATE: ?v 2-0 Deb ie Bretschneider, CMC, City Clerk 1257599.4 2 131 SARATOGA CITY COUNCIL MEETING DATE:February 17, 2021 DEPARTMENT:City Manager’s Department PREPARED BY:Crystal Bothelio, Assistant City Manager SUBJECT:City Council Strategic Goals RECOMMENDED ACTION: Direct staff accordingly. BACKGROUND: The City Council periodically reviews and updates the City of Saratoga Mission Statement, Statement of Values, and City Council Strategic Goals. The Mission Statement was adopted by the City Council in 1993, the Statement of Values (originally adopted as the Vision Statement and renamed Statement of Values in 2010) was adopted in 1995, and the City Council Strategic Goals were adopted in 2012. In recent years, this has occurred during the annual City Council Retreat. During the January 20 Council Retreat Study Session, the City Council requested several changes to the City Council Strategic Goals. These changes were presented to the City Council for adoption at the February 3, 2021 City Council Regular Meeting. At that meeting, the City Council adopted the revised Strategic Goals with a change to Strategic Goal 4.d.ii to replace the words “Develop and improve” with “Maintain”. Additionally, staff was asked to return with references to protecting and maintaining neighborhoods in the Mission Statement and Statement of Values. These references are noted below. Mission Statement References 1.“Provide essential municipal services which protect health, safety and welfare, and satisfy the community’s desires to maintain its quality of life while practicing fiscal responsibility.” Statement of Values References 1.“The City of Saratoga strives to maintain a high quality of life for its residents through careful planning …” 2.“Saratoga is a Community …. Where value is placed on an attractive, well-maintained and well-planned community with a small town, residential atmosphere” 132 3. “Saratoga is a Community …. Where the natural beauty of the City and its hillsides is preserved” 4. “Saratoga is a Community …. Where homes and neighborhoods are safe and peaceful” Staff was also asked to draft Council Strategic Goal language related to protecting and maintaining neighborhoods. At the November 15, 2017 City Council Meeting, the City Council agreed to eliminate the following language in Strategic Goal 5 Community Heritage, section b Enhance Standards to Maintain Architectural Attractiveness: “Maintain the small-town, residential atmosphere and charm.” The City Council could restore this language if desired. ATTACHMENTS: Attachment A – Mission Statement and Statement of Values Attachment B – City Council Strategic Goals 133 Mission Statement & Statement of Values Updated February 3, 2021 MISSION STATEMENT Provide essential municipal services which protect health, safety and welfare, and satisfy the community’s desires to maintain its quality of life while practicing fiscal responsibility. STATEMENT OF VALUES The City of Saratoga strives to maintain a high quality of life for its residents through careful planning and infrastructure maintenance, through activities to build community, and by providing opportunities for extensive citizen participation in community issues. Succinctly, the statement of values for our City is that: Saratoga is a Community…. Where the common good prevails; Where diversity and inclusivity are celebrated; Where the community values, respects, and actively supports the well-being of seniors, families, and people of all abilities; Where neighbors and community members work together for the common good; Where the natural beauty of the City and its hillsides is preserved; Where historic assets are preserved and promoted; Where value is placed on an attractive, well-maintained and well-planned community with a small town, residential atmosphere; Where homes and neighborhoods are safe and peaceful; Where local businesses provide a vibrant presence in the Village and the other commercial areas; Where desirable recreational and leisure opportunities are provided; Where quality education is provided and valued; 134 Mission Statement & Statement of Values – Page 2 Where the arts and cultural activities that serve the community and the region are encouraged; Where government provides high quality, basic services in a cost-effective manner; Where government values community involvement; Where leadership reflects community goals; and Where, because of the foregoing, the residents and the families of Saratoga can genuinely enjoy being a part of and proud of this special community. 135 City Council Strategic Goals Updated February 3, 2021 1.CITY LEADERSHIP Provide a proactive, responsible, inclusive, respectful, transparent, and trustworthy government dedicated to delivering effective high-quality leadership for the community. a.Responsive and accountable to the community i.Council & staff are available to the community ii.Provide user-friendly communication portals to enhance communication iii.Effective interaction with the community iv.Provide excellent customer service v.Provide proactive communication and engagement with the public b.Effective City Leadership i.Municipal training for new Council Members ii.Provide clear statements of City goals, purpose, and services iii.Establish and observe City Council Norms of Operation c.Organization Performance Management i.Maintain a culture of stewardship and accountability ii.Develop and maintain human capital iii.Measure organizational effectiveness iv.Foster an environment of leadership, teamwork, and innovation v.Provide quality service to all customers both internal and external d.Transparent Government i.Open decision making ii.Readily accessible documentation iii.City representatives abide by rule of law iv.Establish performance measures v.Create documented, fair and transparent processes e.Civic Engagement i.Committees and commissions ii.Support City sponsored community events iii.Cultivate community managed events iv.Engage focus groups for community input 136 City Council Strategic Goals, Objectives, & Strategies – Page 2 v. Support community-based organizations vi. Civic outreach vii. Seek opportunities for public art partnerships f. Community Partnerships i. Provide support to business community ii. Local agency associations and joint ventures (e.g. schools, districts, cities, and County) iii. Non-profit group interaction and support (e.g. faith-based and community services groups) iv. Youth engagement v. Neighborhood community groups vi. Senior groups 2. FISCAL STEWARDSHIP Ensure fiscal responsibility and transparency, proactively seeking opportunities for improvements. a. Strengthen the City’s Fiscal Health and Stability i. Establish responsible, sustainable, and enforceable fiscal policies ii. Establish and uphold effective internal controls iii. Ensure efficient use of assets and resources iv. Utilize long-range decision-making tools v. Fiscal planning: Adopt a structurally balanced fiscal plan that retains the City’s fiscal health, preserves essential services, and implements goals. vi. Timely and accurate financial reporting in compliance with standards and regulations vii. Maintain excellent fiscal status viii. Anticipate economic uncertainties inclusive of CalPERS b. Preserve Essential Services i. Identify core services as budgetary priorities ii. Establish funding nexus where appropriate iii. Control City services expansion 137 City Council Strategic Goals, Objectives, & Strategies – Page 3 c. Effectively Manage Revenue Streams i. Ensure timely, accurate, and efficient collection of receipts ii. Utilize audit practices to ensure collection and funding accuracy iii. Obtain remaining Tax Equity Allocation funding iv. Ensure City user fees are up to date v. Support and advocate state legislation to prevent additional state takeaways vi. Review/update rental leases vii. Identify future/potential revenue opportunities viii. Aggressively pursue grant funding when practicable ix. Limit use of public debt financing d. Expend and Use Fiscal Resources Responsibility i. Program budget development ii. Establish and enforce responsible contract and purchasing policies and limits iii. Timely, accurate, and efficient expenditure practices iv. Ongoing budget review v. Minimize debt service expenditures vi. Protect the City's assets from unauthorized use e. Maintain Fund Balance Reserves i. Establish Fund Balance Reserve Policies which strengthen fiscal viability ii. Develop and adopt conservative balanced budgets iii. Encourage budgetary savings where practicable iv. Identify long-term funding requirements and practices f. Nurture an Environment Which Attracts, Retains, and Expands Economic Opportunities i. Improve business retention and attraction efforts ii. Minimize local business leakage iii. Develop Saratoga brand as unique characteristic iv. Support organizations that promote economic development in the City v. Ensure a balanced community g. Support Externally Funded Community Infrastructure Improvements i. Encourage private industry to enhance utility infrastructure ii. Encourage private industry to enhance technology infrastructure 138 City Council Strategic Goals, Objectives, & Strategies – Page 4 3. PUBLIC SAFETY Provide for a safe and secure community. a. Preservation of Life & Property i. Partner with SCC Fire Department and County Sheriff to ensure the effective enforcement of regulations, codes and law in order to maintain a safe and secure community ii. Manage SCC Sheriff's contract which provides staffing and resources to deliver services that ensure public safety iii. Partner with other public safety groups to maintain funding sources iv. Implement risk management practices to enhance public safety functions v. Provide code enforcement vi. Utilize media for public outreach b. Crime Prevention i. Engage community participation in crime prevention awareness through community forums ii. Establish a Public Safety Task Force to improve crime prevention programs, as needed iii. Build relationships with the community through programs like Neighborhood Watch c. Wildfire Prevention i. Engage community participation in wildfire prevention awareness through community forums ii. Establish a Wildfire Public Safety Task Force to improve fire prevention programs, as needed iii. Build relationships with the community through programs like Firewise Communities d. Emergency Preparedness i. Prepare and maintain Emergency Operations Plan ii. With SCC Fire Emergency Operations Program, develop staff's emergency readiness iii. Ensure inter-agency / multi-agency coordination 139 City Council Strategic Goals, Objectives, & Strategies – Page 5 iv. Enhance community safety preparations v. Community outreach 4. FACILITY & INFRASTRUCTURE Maintain the City’s facilities and public infrastructure in a safe and sustainable manner to address the functional needs of our residents in a cost-effective manner. a. Excellent street system i. Provide adequate funding to maintain the City’s PCI rating at a minimum of 70 ii. Pursue grant funding for roadway improvements iii. Maintain and improve roadway safety b. Safe, well-functioning, and beautiful roadway infrastructure i. Maintain sidewalks and crosswalks to enhance safety ii. Maintain safe bicycle facilities iii. Maintain storm drain maintenance program iv. Maintain streetlights and signals at safe and efficient operational standards v. Enhance roadway landscaping / beautification vi. Develop storm drain master plan vii. Seek opportunities to increase and enhance accessibility within the City c. Well-maintained, safe parks i. Maintain parks and equipment at a safe and functional level ii. Maintain playground equipment in compliance with industry standards iii. Establish a Park Master Plan for long term sustainability iv. Provide safety and ADA improvements v. Provide well maintained and safe sports fields d. Useful and safe trails and open spaces i. Develop and improve trails throughout the City ii. Maintain Quarry property to link to Saratoga-to-Sea trail 140 City Council Strategic Goals, Objectives, & Strategies – Page 6 e. Clean, safe, and pleasant City facilities i. Ensure City facilities are clean, safe, and maintained according to best practices ii. Establish facility and equipment replacement schedule iii. Establish long term plan for replacement and enhancement of facilities iv. Upgrade facilities to be energy efficient and ADA accessible when replacing/remodeling f. Well-maintained vehicles and equipment i. Follow best vehicle and equipment maintenance and replacement practices ii. Ensure proper vehicle and equipment training and usage 5. COMMUNITY HERITAGE Honor Saratoga’s heritage by preserving significant historic assets. a. Enhance Policies to Maintain the City's Historic Heritage i. Establish historic point of interest program ii. Maintain a heritage tree program iii. Maintain and/or update a Historic Preservation Handbook iv. Provide annual training for the Historic Preservation Commission on polices & procedures b. Enhance Standards to Maintain Architectural Attractiveness i. Maintain high architectural design standards for new buildings ii. Maintain the small-town, residential atmosphere and charm iii. Provide annual training for the Planning Commission on polices & procedures iv. Strengthen processes to identify and mitigate blighted properties c. Protect Saratoga’s Natural Beauty i. Maintain Tree City USA Status ii. Maintain Hillside Preservation Policies iii. Maintain high standards of improvement and maintenance of City parks 141 City Council Strategic Goals, Objectives, & Strategies – Page 7 6. COMMUNITY ENRICHMENT Foster a culturally enriched and diverse culture and engaged community. a. Enhance community vibrancy and engagement i. Promote community events ii. Provide City parks and facilities for community use iii. Provide recreation programs to build community connections iv. Promote the community’s diversity through support of cultural events v. Promote public arts vi. Strengthen sense of community and identity through regular communication and engagement b. Enhance & promote quality of life in the community i. Maintain public use places and spaces ii. Deliver high quality and safe recreational, social, educational, and cultural services iii. Develop and strengthen collaborative partnerships to enhance and promote quality of life programs, projects, and services c. Promote health as a community value i. Provide facilities, infrastructure, and open spaces for physical activities ii. Offer and encourage recreational activities iii. Support stronger tobacco control policies and regulations d. Cultivate organizational and leadership potential in the community i. Publicize community organizations at Council meetings and through City communication channels ii. Provide leadership development roles through City commissions iii. Promote City volunteer programs e. Foster a business-friendly environment i. Support policies and regulations that balance the needs of businesses and residents ii. Encourage family-friendly businesses in the Village 142 City Council Strategic Goals, Objectives, & Strategies – Page 8 f. Strengthen Saratoga as an age friendly city i. Maintain status and continue complying with World Health Organization’s Age-Friendly City network requirements ii. Support AARP’s 8 Domains of Livability within the City to help the community be better for people of all ages iii. Honor and respect the generational diversity of the City’s population 7. ENVIRONMENTAL SUSTAINABILITY Proactively support environmental sustainability efforts. a. Protect and optimize the City’s natural resources and environment through sustainable practices i. Identify and integrate responsible environmental policies into land use / planning development ordinances ii. Maintain the City’s forested heritage to promote and sustain semi-rural environment iii. Promote urban parks and forestry projects iv. Integrate drought tolerant / low maintenance practices into City landscaping b. Establish and implement comprehensive, long-range environmental sustainability goals and policies i. Partner with other agencies to address the causes and effects of climate change ii. Lead by example iii. Adopt energy efficiency best practices to reduce consumption iv. Maintain and/or update Climate Action Plan c. Embrace environmentally friendly practices i. Establish and follow environmental best practices ii. Integrate energy efficiency practices into facility maintenance iii. Utilize energy efficiency fixtures in City infrastructure iv. Institute energy efficiency policies and practices in equipment and vehicle fleet v. Utilize environmentally sustainable technology where feasible 143 City Council Strategic Goals, Objectives, & Strategies – Page 9 vi. Establish recycling and waste reduction practices vii. Participate in environmental sustainability programs d. Educate the community on environmental issues i. Utilize communication resources to educate the Saratoga community ii. Promote energy efficiency programs iii. Support environmental events e. Reduce the City’s carbon footprint i. Support efforts related to AB 32: (Nunez) The Global Warming Solutions Act of 2006 ii. Migrate vehicle fleet and equipment towards environmentally sustainable options iii. Migrate facility heating systems to non-carbon heating sources, where feasible iv. Participate in Community Choice Energy v. Where appropriate, serve as an early adopter or enabler of technologies that reduce carbon production or greenhouse gas emissions 144