HomeMy WebLinkAbout05-05-2021 Council agenda packetSaratoga City Council Agenda – May 5, 2021 – Page 1 of 7
SARATOGA CITY COUNCIL
REGULAR MEETING
MAY 5, 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/84541804713 or App (Webinar ID
845 4180 4713) 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 (845 4180 4713),
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/81071135511 or App (Webinar ID
810 7113 5511) 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 (810 7113 5511),
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 (810 7113 5511) 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 (810 7113 5511),
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 – May 5, 2021 – Page 2 of 7
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/84541804713 or App (Webinar ID
845 4180 4713) 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 (845 4180 4713),
and pressing *9 to raise their hand to speak on an agenda item when directed by the
Mayor.
Joint Meeting with Montalvo Arts
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/81071135511 or App (Webinar ID
810 7113 5511) 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 (810 7113 5511),
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 (810 7113 5511) 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 (810 7113 5511),
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 April 29, 2021.
Saratoga City Council Agenda – May 5, 2021 – Page 3 of 7
REPORT FROM JOINT MEETING
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 Heritage Preservation Commissioner
Recommended Action:
Approve the resolution appointing 1 member to the Heritage Preservation Commission and
direct the City Clerk to administer the Oath of Office.
Commendations for Montalvo Art Center and Steven Simon
Recommended Action:
Present the commendations to Montalvo Arts Center and Steven Simon.
Proclamation Declaring May 2021 as National Preservation Month
Recommended Action:
Proclaim May 2021 as National Preservation Month in the City of Saratoga.
Proclamation Declaring May 2021 as Older Americans Month
Recommended Action:
Present the proclamation declaring May 2021 as Older Americans Month.
Proclamation Declaring May 2021 as Asian Pacific American Heritage Month
Recommended Action:
Present the proclamation declaring May 2021 as Asian Pacific American Heritage Month.
1. CONSENT CALENDAR
The Consent Calendar contains routine items of business. Items in this section will be acted
on in one motion, unless removed by the Mayor or a Council Member. Any member of the
public may speak on an item on the Consent Calendar at this time, or request that the
Mayor remove an item from the Consent Calendar for discussion. Public Speakers are
limited to three (3) minutes.
1.1. City Council Meeting Minutes
Recommended Action:
Approve the City Council minutes for the Regular City Council Meeting on April 21, 2021.
1.2. Review of Accounts Payable Check Registers
Recommended Action:
Review and accept check registers for the following accounts payable payment cycles:
04/20/21 Period 10; 04/27/21 Period 10:
Saratoga City Council Agenda – May 5, 2021 – Page 4 of 7
1.3. Treasurer’s Report for the Month Ended March 31, 2021
Recommended Action:
Review and accept the Treasurer’s Report for the month ended March 31, 2021.
1.4. Parks & Recreation Commission Mission Statement Update
Recommended Action:
Approve the updated Parks & Recreation Commission Mission Statement by adopting the
attached Resolution.
1.5. Donation of PLACE
Recommended Action:
Authorize the City Manager to execute the donation agreement with Montalvo Arts Center
to accept the donation PLACE.
2. PUBLIC HEARING
Items placed under this section of the Agenda are those defined by law as requiring a
special notice and/or a public hearing or those called by the City Council on its own
volition. Members of the public may comment on any item for up to three (3) minutes. The
amount of time for public comment may be reduced by the Mayor or by action of the City
Council. Items requested for continuance are subject to the City Council's approval at the
Council Meeting.
2.1. Amendment to Hillside Residential Zoning Designation to Make Wineries Subject to
Additional Conditional Use Permit Requirements
Recommended Action:
Conduct the public hearing and introduce and waive the first reading of the attached
ordinance and direct staff to place the ordinance on the consent calendar at the May 19,
2021 City Council meeting.
3. GENERAL BUSINESS
3.1. Approval of Contract for Camino Online Permit Guide Platform Software
Recommended Action:
1. Adopt the attached resolution approving an adjustment to the Fiscal Year 2020/21
Operating & Capital Improvement Budget; AND
2. Authorize the City Manager to enter into a one year contract to implement the Camino
Online Permit Guide Platform in an amount not to exceed $30,000.
3.2. Saratoga Business Renewal and Beautification Grant Program
Recommended Action:
1) Approve the Saratoga Business Renewal and Beautification Grant Program in
Attachment A;
2) Allocate $15,000 from the Council Discretionary Account to fund the program; and
3) Add the Saratoga Business Renewal and Beautification Grant Program to the FY2020-21
Capital Improvement Program.
Saratoga City Council Agenda – May 5, 2021 – Page 5 of 7
COUNCIL ASSIGNMENTS
Mayor Yan Zhao
Association of Bay Area Governments
Cities Association of Santa Clara County-City Selection Committee
Cities Association of Santa Clara County-Legislative Action Committee
Cities Association of Santa Clara County
Council Finance Committee
Valley Transportation Authority (VTA) Policy Advisory Committee
VTA State Route 85 Corridor Policy Advisory Board
West Valley Mayors & Managers
West Valley Sanitation District
Vice Mayor Tina Walia
Council Finance Committee
KSAR Community Access TV Board
Saratoga Area Senior Coordinating Council (SASCC)
Silicon Valley Clean Energy Authority Board of Directors
Saratoga Ministerial Association
Council Member Rishi Kumar
Santa Clara County Library Joint Powers Authority
Santa Clara Valley Water District Commission
West Valley Clean Water Program Authority
West Valley Solid Waste Management Joint Powers Authority
Council Member Kookie Fitzsimmons
Chamber of Commerce
Hakone Foundation Board
Santa Clara County Housing and Community Development (HCD) Council Committee
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
Saratoga City Council Agenda – May 5, 2021 – Page 6 of 7
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 April 29, 2021
at the City of Saratoga, 13777 Fruitvale Avenue, Saratoga, California and on the City's website
at www.saratoga.ca.us.
Signed this 29th day of April 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]
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 4:30 p.m. Commission Interviews | 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
5:00 p.m. Closed Session | 6:00 p.m. Joint Meeting with Hakone Board | 7:00 p.m. Regular Session
08/04 Tentative -No Meeting - Recess
08/18 Tentative -No Meeting - Recess
09/01 5:00 p.m. Commission Interviews – Library& Community Engagement Commission & Parks &
Recreation Commission | 6:00 p.m. Joint Meeting with Planning Commission | 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
CITY OF SARATOGA
CITY COUNCIL MEETING CALENDAR 2021
Saratoga City Council Agenda – May 5, 2021 – Page 7 of 7
10/20 5:00 p.m. Joint Meeting with Historical Foundation | 6:00 p.m. Joint Meeting with West Valley –
Mission Community College District Board of Trustees | 7:00 p.m. Regular Session
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 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
MONTALVO ARTS
May 5, 2021
6:00 p.m. –6:45 p.m.
Virtual Meeting
General Public Zoom Access:
https://us02web.zoom.us/j/84541804713
Webinar ID: 845 4180 4713
Or Dial:1.408.638.0968 or 1.669.900.6833 and enter Webinar ID
(City Council, Montalvo Arts, and staff will receive separate access information)
Discussion Topics
Introductions
Updates
Other Remarks & Wrap Up
6
SARATOGA CITY COUNCIL
MEETING DATE:May 5, 2021
DEPARTMENT:City Manager’s Department
PREPARED BY:Debbie Bretschneider, CMC, City Clerk
SUBJECT:Appointment of Heritage Preservation Commissioner
RECOMMENDED ACTION:
Approve the resolution appointing 1 member to the Heritage Preservation Commission and direct
the City Clerk to administer the Oath of Office.
BACKGROUND:
In January 2021, the City opened a recruitment for one partial term on the Heritage Preservation
Commission for term ending on December 31, 2023 and for one full term on the Heritage
Preservation Commission for terms ending on December 31, 2024. A total of 1 applicant was
interviewed on April 21, 2021.
The City Council selected the following applicants to serve on the Commissions:
Name Commission Term
Priya Shastri
Heritage Preservation
Commission May 5, 2021 to December 31, 2024
ATTACHMENTS:
Attachment A –Resolution of Appointment
Attachment B –Oath of Office
7
RESOLUTION NO. 21-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
APPOINTING MEMBER TO THE SARATOGA HERITAGE PRESERVATION
COMMISSION
WHEREAS, one full term vacancy was created on the Heritage Preservation Commission from
the end of the term of service for Dr. Jo Rodgers and one partial term vacancy was created by the
resignation of John Fitzpatrick;
WHEREAS, the City announced the vacancies in January 2021, accepted applications until April
14, 2021, and conducted the interview on April 21, 2021;
NOW, THEREFORE,the City Council of the City of Saratoga hereby resolves that the following
individual is appointed to the following full term:
Name Commission Term
Priya Shastri Heritage Preservation 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 5
th day of May 2021 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Yan Zhao, Mayor
Attest:
Debbie Bretschneider, CMC, City Clerk
8
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
I, Priya Shastri, 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.
Priya Shastri, Member
Heritage Preservation Commission
Subscribed and sworn to before me on
this 5th day of May 2021.
Debbie Bretschneider, CMC
City Clerk of Saratoga
9
SARATOGA CITY COUNCIL
MEETING DATE:May 5, 2021
DEPARTMENT:City Manager’s Office
PREPARED BY:Debbie Bretschneider, CMC, City Clerk
SUBJECT:Commendations for Montalvo Art Center and Steven Simon
RECOMMENDED ACTION:
Present the commendations to Montalvo Arts Center and Steven Simon.
BACKGROUND:
In 2016 the City of Saratoga leased a piece of artwork, PLACE, from the Montalvo Arts Center
and PLACE was installed at the Saratoga Library for a grand opening on October 27, 2016.
In 2020,Montalvo Arts Center informed the City of Saratoga that it intended to gift the City with
PLACE at the end of the lease in 2021 and on April 20, 2021, the Saratoga Public Art Committee
recommended that the City Council accept the donation of PLACE from Montalvo Arts Center.
Steven Simon is the sculpture artist who created the PLACE artwork.
ATTACHMENTS:
Attachment A –Commendation for Montalvo Art Center
Attachment B –Commendation for Steven Simon
10
COMMENDATION OF THE CITY COUNCIL
OF THE CITY OF SARATOGA HONORING THE
MONTALVO ARTS CENTER
WHEREAS, Senator James Duval Phelan constructed his summer estate, Villa Montalvo, in 1912
and he named it Villa Montalvo in honor of the 16
th century writer Garci Ordonez de Montalvo, who
coined the name, “California” for our state; and
WHEREAS, upon the death of Senator Phelan in 1930, he generously bequeathed in his will that
Montalvo be “maintained as a public park…and used as far as possible for the development of art,
literature, music, and architecture by promising students”; and
WHEREAS,in January 2005, the Montalvo Association changed its name from “Montalvo” to
“Montalvo Arts Center” to commemorate its 75th year as an arts center and to better communicate its
mission to a larger audience; and
WHEREAS, today, the grounds of the villa encompass 175 acres, and includes two theaters, an
art gallery, the historic mansion, an artist’s residency, hiking trails, gardens, and natural areas; and
WHEREAS,the Villa is a historic landmark and in 1978 was awarded inclusion in the National
Register of Historic Places; and
WHEREAS,in 2016 the City of Saratoga leased a piece of artwork, PLACE, from the Montalvo
Arts Center and PLACE was installed at the Saratoga Library for a grand opening on October 27, 2016;
and
WHEREAS,in 2020, Montalvo Arts Center informed the City of Saratoga that it intended to gift
the City with PLACE at the end of the lease in 2021 and on April 20, 2021, the Saratoga Public Art
Committee recommended that the City Council accept the donation of PLACE from Montalvo Arts
Center.
NOW, THEREFORE, BE IT PROCLAIMED that, the City Council of the City of Saratoga does
hereby recognize Montalvo Arts Center as an integral part of Saratoga and to thank Montalvo Arts Center
for the generous donation of PLACE.
WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA this 5th day of May 2021.
________________________
Yan Zhao, Mayor
City of Saratoga
11
COMMENDATION OF THE CITY COUNCIL
OF THE CITY OF SARATOGA HONORING
STEVEN SIMON
WHEREAS, Steven Simon has internationally produced and installed “sculptural
editorials,” which express his concerns about environmental, political, and personal issues and
created the PLACE sculpture for the Montalvo Art Center; and
WHEREAS,the PLACE sculpture was built to embrace the term: to hold it, sit on it, and
lie down on the solid surface; and
WHEREAS,in 2016 the City of Saratoga leased the sculpture artwork, PLACE, from the
Montalvo Arts Center and PLACE was installed at the Saratoga Library for a grand opening on
October 27, 2016; and
WHEREAS,in 2020, Montalvo Arts Center informed the City of Saratoga that it intended
to gift the City with PLACE at the end of the lease in 2021 and on April 20, 2021, the Saratoga
Public Art Committee recommended that the City Council accept the donation of PLACE from
Montalvo Arts Center; and
WHEREAS, Steven Simon recently retired after running the undergraduate sculpture lab
at University of California Los Angeles for over 30 years, sharing knowledge and enthusiasm
with thousands of students; and
WHEREAS, creating sculptures has been a constant passion and preoccupation
throughout his life, but Steven also took time to be an umpire and basketball referee for Los
Angeles City Parks & Recreation and feed his friends and family as an organic gardener.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Saratoga does
hereby recognize Steven Simon for his creation of the PLACE sculpture artwork for the Montalvo
Arts Center.
WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA this 5th day of
May 2021.
Yan Zhao, Mayor
City of Saratoga
12
SARATOGA CITY COUNCIL
MEETING DATE:May 5, 2021
DEPARTMENT:City Manager’s Department
PREPARED BY:Debbie Bretschneider, CMC, City Clerk
SUBJECT:Proclamation Declaring May 2021 as National Preservation Month
RECOMMENDED ACTION:
Proclaim May 2021 as National Preservation Month in the City of Saratoga.
BACKGROUND:
Established in 1973 by the National Trust for Historic Preservation, National Preservation Month
is co-sponsored by local preservation groups, State historical societies, and business and civic
organizations across the country. During Preservation Month, many on-line events are planned to
promote historic places for the purpose of instilling national and community pride, promoting
heritage tourism, diversity of cultures, and showing the social and economic benefits of historic
preservation.
ATTACHMENTS:
Attachment A –Proclamation Declaring May 2021 as National Preservation Month
13
PROCLAMATION OF THE CITY COUNCIL
OF THE CITY OF SARATOGA
DECLARING MAY 2021 AS
NATIONAL PRESERVATION MONTH
WHEREAS, historic preservation is an effective tool for managing growth,
revitalizing neighborhoods, fostering local pride and maintaining community character while
enhancing livability; and
WHEREAS, historic preservation provides the opportunity to celebrate the
community’s history and the individuals who have shaped Saratoga, including those who are
dedicated to preserving the physical reminders of the City’s past; and
WHEREAS, May 2021 is National Preservation Month, which is sponsored by the
National Trust for Historic Preservation, and is celebrated locally by the City of Saratoga
Heritage Preservation Commission and the Saratoga Historical Foundation; and
WHEREAS, since 2017, the Saratoga City Council approved six Point of Interest
Markers to detail interesting facts, events, and/or places within the City of Saratoga; the
Theater of the Glade Site, the Blossom Festival Site, Caledonia Paper Mill, Ohlone Indians,
Saloons, and the Saratoga Paper Mill; and
WHEREAS, in 2021, the Saratoga Heritage Preservation Commission is
recommending five new Point of Interest Markers in the City of Saratoga; Hannah & Martin
McCarty's Home, Chinese Laundry, El Quito Olive Oil, Glen Una Ranch and the Saratoga
Theatre (Vitaphone); and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Saratoga
does hereby recognize May 2021 as National Preservation Month and calls upon the
community of Saratoga to learn more about the historical resources in their community and
join their fellow citizens across the United States in recognizing and participating in this
special observance.
WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA this 5th day
of May 2021.
___________________________
Yan Zhao, Mayor
City of Saratoga
14
SARATOGA CITY COUNCIL
MEETING DATE:May 5, 2021
DEPARTMENT:City Manager’s Office
PREPARED BY:Debbie Bretschneider, CMC, City Clerk
SUBJECT:Proclamation Declaring May 2021 as Older Americans Month
RECOMMENDED ACTION:
Present the proclamation declaring May 2021 as Older Americans Month.
BACKGROUND:
Older Americans Month was established in 1963 designating May as “Senior Citizens Month”
by President John F. Kennedy, the name has since evolved into “Older Americans Month.”
Older Americans Month is a time to strengthen the community by connecting with and
supporting older adults and their caregivers.
ATTACHMENTS:
Attachment A –Proclamation Declaring May 2021 as Older Americans Month
15
PROCLAMATION OF THE CITY COUNCIL
OF THE CITY OF SARATOGA
DECLARING MAY 2021 AS
OLDER AMERICANS MONTH
WHEREAS, the City of Saratoga includes a growing number of older residents who
enrich our community through their diverse life experiences; and
WHEREAS, May was first designated as “Senior Citizens Month” in 1963 by
President John F. Kennedy and has since been changed to “Older Americans Month”; and
WHEREAS, Older Americans Month is a time to acknowledge the contributions of
past and current older persons, particularly those who have defended our country; and
WHEREAS, the Older Americans Month 2021 theme is “Communities of Strength”
to encourages older adults and their communities to connect with friends, family, and
services, to create by engaging in activities that promote learning, health, and personal
enrichment, and to contribute time, talent, and lie experience to benefit others; and
WHEREAS,the City of Saratoga is committed to strengthening our community by
connecting with and supporting older adults, their families, and caregivers and
acknowledging their many valuable contributions to society; and
WHEREAS, the City of Saratoga has been designated as an Age Friendly
Community by the World Health Organization because of the programs and services
provided by Saratoga’s excellent community organizations, like the Saratoga Area Senior
Coordinating Council, and the City of Saratoga that help older adults age in place and remain
engaged in their community.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Saratoga
does hereby recognize May 2021 as Older Americans Month and urges every resident to take
time during this month to recognize older adults and the people who serve them as essential
and valuable members of our community.
WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA this 5th day
of May 2021.
___________________________
Yan Zhao, Mayor
City of Saratoga
16
Page 1 of 1
SARATOGA CITY COUNCIL
MEETING DATE:May 5, 2020
DEPARTMENT:City Manager’s Office
PREPARED BY:Debbie Bretschneider, CMC, City Clerk
SUBJECT: Proclamation Declaring May 2021 as Asian Pacific American Heritage Month
RECOMMENDED ACTION:
Present the proclamation declaring May 2021 as Asian Pacific American Heritage Month.
BACKGROUND:
In 1978, a Joint Congressional Resolution established Asian Pacific American Heritage Week
and in 1992, May was officially designated as Asian Pacific American Heritage Month. Saratoga
is home to a number of Asian Americans who serve as excellent representatives of both the
Saratoga Asian American community and the Saratoga community-at-large.
ATTACHMENTS:
Attachment A -- Proclamation Declaring May 2021 as Asian Pacific American Heritage Month
17
PROCLAMATION OF THE CITY COUNCIL
OF THE CITY OF SARATOGA DECLARING MAY 2021 AS
ASIAN PACIFIC AMERICAN HERITAGE MONTH
WHEREAS,in 1978, a Joint Congressional Resolution established Asian Pacific American
Heritage Week to coincide with two important historical milestones in: the arrival of the first
Japanese immigrants in the U.S. in May 7, 1843 and contributions of Chinese workers to the
building of the transcontinental railroad completed May 10, 1869, and in 1992, May was officially
designated as Asian Pacific American Heritage Month; and
WHEREAS, the United States and the City of Saratoga are enriched by the diverse cultural
contributions of residents from areas like the Pacific Islands, China, Taiwan, Japan, Korea, Vietnam,
and India; and
WHEREAS, according to the most current Census estimates, Asian Americans constitute
more than 47 percent of the City of Saratoga’s population; and
WHEREAS, Saratoga is home to a number of Asian Americans who serve as excellent
representatives of both the Saratoga Asian American community and the Saratoga community-at-
large; and
WHEREAS, in 2017, the Asian American for Better Community was established to make a
community that is better for all people, with members volunteering for community services and
voter registration drives; and
WHEREAS, in 2020, the Asian American for Better Community donated $8,000 in
scholarships for Paradise, California students affected by wildfires, contributed $10,000 to the local
food bank, and made a large donation of face masks to the Saratoga Area Senior Coordinating
Council for the senior population; and
WHEREAS, the City Council celebrates “Asian Pacific American Heritage Month” by
calling upon Saratoga residents to honor Saratoga’s Asian Americans and learn more about the
history of Asian Americans and Pacific Islanders.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga does
hereby declare May 2021 as Asian Pacific American Heritage Month and expresses its gratitude to
Asian American for Better Community for promoting community service and civic engagement.
WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 5th day of
May 2021.
Yan Zhao, Mayor
City of Saratoga
18
SARATOGA CITY COUNCIL
MEETING DATE:May 5, 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 Regular City Council Meeting on April 21,2021.
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 Regular City Council Meeting on April 21, 2021
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Saratoga City Council Minutes ~ April 21, 2021 ~ Page 1 of 9
MINUTES
WEDNESDAY, APRIL 21, 2021
SARATOGA CITY COUNCIL REGULAR MEETING
At 5:41 p.m., the City Council held a Commissioner interview via teleconferencing through
Zoom.
ZHAO/WALIA MOVED TO CONTINUE DELIBERATION ON THE COMMISSION
APPLICATION TO AFTER THE REGULAR SESSION.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 Planning Commission via
teleconferencing through Zoom.
Mayor Zhao called the virtual Regular Session to order at 7:02 p.m. via teleconferencing through
Zoom.
Prior to Roll Call, the Mayor and City Clerk explained that the City Council meeting was conducted
pursuant to provisions of the Brown Act and a recent Executive Order issued by the Governor to
facilitate teleconferencing to reduce the risk of COVID-19 transmission at public meetings. Ordinarily
the Brown Act sets strict rules for teleconferencing. The Governor’s Executive Order has suspended
those rules. The Executive Order does require that public agencies continue to notice meetings in
advance and provide members of the public an opportunity to observe the meeting and offer public
comment. The City Council met all of the applicable notice requirements and the public is welcome to
participate in this meeting. Information on how the public can observe the meeting and provide public
comment was also shared. Additionally, the Mayor explained that votes would be taken through roll call.
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
Mary Fury, Administrative Services Director
Debbie Pedro, Community Development Director
John Cherbone, Public Works Director
Nicole Johnson, Senior Planner
Kayla Nakamoto, Administrative Analyst
Tony Gonzalez, Code Compliance Officer
Dennis Jaw, Finance Manager
(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.
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Saratoga City Council Minutes ~ April 21, 2021 ~ Page 2 of 9
REPORT ON POSTING OF THE AGENDA
City Clerk Debbie Bretschneider reported that the agenda for this meeting was properly posted
on April 15, 2021.
REPORT ON JOINT MEETING
Mayor Zhao reported that the City Council held a Joint Meeting with the Saratoga Planning
Commission on their Work Plan.
ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS
Bernard Gutnick spoke to thank Council Member Bernald for her proactive stance on NextDoor
and her help in getting a street sign replaced.
ANNOUNCEMENTS
Mayor Zhao shared information about COVID-19 updates, the Housing Element Update,
SASCC Walks, Toga Trails, Saratoga Power Lunch webinar, Wildfire Workshops, and
Commission Recruitments.
CEREMONIAL ITEMS
Recognition of Paint the City Artists & Volunteers
Recommended Action:
Present the certificates and recognize the Paint the City artists and volunteers.
Mayor Zhao and Council Members thanked the Paint the City artists and volunteers.
SPECIAL PRESENTATIONS
Special Presentation from United Way Bay Area 211
Recommended Action:
Receive presentation from United Way Bay Area 211.
The Council received the presentation by Madison Priest, Development Officer for United Way
Bay Area.
Presentation from Catholic Charities of Santa Clara County Long Term Ombudsman Program
Recommended Action:
Receive presentation from Catholic Charities of Santa Clara County Long Term Ombudsman
Program.
The Council received the presentation by Wanda Hale, Program Manager for Catholic Charities
Long Term Ombudsman Program.
Presentation from West Valley Community Services
Recommended Action:
Receive presentation from West Valley Community Services.
21
Saratoga City Council Minutes ~ April 21, 2021 ~ Page 3 of 9
The Council received the presentation by Josh Selo, Executive Director for West Valley
Community Services.
1.CONSENT CALENDAR
1.1. City Council Meeting Minutes
Recommended Action:
Approve the City Council minutes for the Special City Council Meetings on March 30, 2021
and March 31, 2021 and the Regular City Council Meeting on April 7, 2021.
WALIA/FITZSIMMONS MOVED TO APPROVE THE CITY COUNCIL MINUTES
FOR THE SPECIAL CITY COUNCIL MEETINGS ON MARCH 30, 2021 AND
MARCH 31, 2021 AND THE REVISED MINUTES OF THE REGULAR CITY
COUNCIL MEETING ON APRIL 7, 2021. MOTION PASSED BY VERBAL ROLL
CALL. AYES: ZHAO, WALIA, KUMAR, FITZSIMMONS, BERNALD. NOES: NONE.
ABSTAIN: NONE. ABSENT: NONE.
1.2. Review of Accounts Payable Check Registers
Recommended Action:
Review and accept check registers for the following accounts payable payment cycles:
04/07/21 Period 10; 04/13/21 Period 10:
WALIA/FITZSIMMONS MOVED TO ACCEPT CHECK REGISTERS FOR THE
FOLLOWING ACCOUNTS PAYABLE PAYMENT CYCLES: 04/07/21 PERIOD 10;
04/13/21 PERIOD 10.MOTION PASSED BY VERBAL ROLL CALL. AYES: ZHAO,
WALIA, KUMAR, FITZSIMMONS, BERNALD. NOES: NONE. ABSTAIN: NONE.
ABSENT: NONE.
1.3. Landscaping and Lighting Assessment District LLA-1; Preliminary Approval of
Engineer's Report and Adoption of Resolution of Intention for FY 21-22
Recommended Action:
1.Move to adopt the Resolution granting preliminary approval of the Engineer's Report for
FY 21-22 for renewing the Landscaping and Lighting Assessment District LLA-1.
2.Move to adopt the Resolution of Intention.
RESOLUTION 21-020
RESOLUTION 21-021
WALIA/FITZSIMMONS MOVED TO ADOPT THE RESOLUTION GRANTING
PRELIMINARY APPROVAL OF THE ENGINEER'S REPORT FOR FY 21-22 FOR
RENEWING THE LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT
LLA-1 AND TO ADOPT THE RESOLUTION OF INTENTION FOR FY 21-22.
MOTION PASSED BY VERBAL ROLL CALL. AYES: ZHAO, WALIA, KUMAR,
FITZSIMMONS, BERNALD. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.
1.4. Budget Amendment – McCartysville Landscaping and Lighting District (Zone 9)
Recommended Action:
Adopt Resolution appropriating $5,000 from Zone 9 fund balance into the Fiscal Year 2020-
2021 operating budget.
22
Saratoga City Council Minutes ~ April 21, 2021 ~ Page 4 of 9
RESOLUTION 21-022
WALIA/FITZSIMMONS MOVED TO ADOPT THE RESOLUTION
APPROPRIATING $5,000 FROM ZONE 9 FUND BALANCE INTO THE FISCAL
YEAR 2020-2021 OPERATING BUDGET. MOTION PASSED BY VERBAL ROLL
CALL. AYES: ZHAO, WALIA, KUMAR, FITZSIMMONS, BERNALD. NOES: NONE.
ABSTAIN: NONE. ABSENT: NONE.
1.5. Landmark Designation for 20280 Saratoga Los-Gatos Road – Application No.
LNDMRK21-0001
Recommended Action:
Waive the second reading and adopt the attached ordinance designating the property at
20280 Saratoga-Los Gatos Road as a historic landmark.
ORDINANCE 378
WALIA/FITZSIMMONS MOVED TO WAIVE THE SECOND READING AND
ADOPT THE ORDINANCE DESIGNATING THE PROPERTY AT 20280
SARATOGA-LOS GATOS ROAD AS A HISTORIC LANDMARK. MOTION
PASSED BY VERBAL ROLL CALL. AYES: ZHAO, WALIA, KUMAR,
FITZSIMMONS, BERNALD. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.
2.PUBLIC HEARING
Mayor Zhao asked the Council to reorder the agenda to hear Items 3.2. Options for
Reducing Wood Shake Roofs in Wildland Urban Interface Area and 3.3. Options for
Reducing Wildfire Risk in Wildland Urban Interface Area through Landscaping before the
public hearing on the Fee Schedule as both General Business items include potential
direction on the Fee Schedule.
BERNALD/WALIA MOVED TO REORDER THE AGENDA TO HEAR ITEMS 3.2.
OPTIONS FOR REDUCING WOOD SHAKE ROOFS IN WILDLAND URBAN
INTERFACE AREA AND 3.3. OPTIONS FOR REDUCING WILDFIRE RISK IN
WILDLAND URBAN INTERFACE AREA THROUGH LANDSCAPING BEFORE
THE PUBLIC HEARING ON THE FEE SCHEDULE. MOTION PASSED BY
VERBAL ROLL CALL. AYES: ZHAO, WALIA, KUMAR, FITZSIMMONS, BERNALD.
NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.
2.1. Proposed Fee Schedule Update for FY 2021/22
Recommended Action:
Open the public hearing, listen to public testimony and close public hearing. Adopt the
resolution approving the updated fee schedule for Fiscal Year 2021/22, effective July 1,
2021.
Dennis Jaw, Finance Manager, presented the staff report.
Mayor Zhao opened the public hearing.
Mayor Zhao invited public comment on the item.
23
Saratoga City Council Minutes ~ April 21, 2021 ~ Page 5 of 9
No one requested to speak.
Mayor Zhao closed the public hearing.
RESOLUTION 21-023
WALIA/FITZSIMMONS MOVED TO ADOPT THE RESOLUTION APPROVING
THE UPDATED FEE SCHEDULE FOR FISCAL YEAR 2021/22, EFFECTIVE
JULY 1, 2021. MOTION PASSED BY VERBAL ROLL CALL. AYES: ZHAO, WALIA,
KUMAR, FITZSIMMONS, BERNALD. NOES: NONE. ABSTAIN: NONE. ABSENT:
NONE.
2.2. Weed/Brush Abatement Program Assessment Hearing
Recommended Action:
Open public hearing, accept public testimony and consider amendments to the assessment
report, and adopt the resolution confirming report and assessment of weed/brush abatement
program charges.
Tony Gonzalez, Code Compliance Officer, presented the staff report.
Mayor Zhao opened the public hearing.
Mayor Zhao invited public comment on the item.
No one requested to speak.
Mayor Zhao closed the public hearing.
RESOLUTION 21-024
BERNALD/WALIA MOVED TO ADOPT THE RESOLUTION CONFIRMING THE
ASSESSMENT REPORT AND ASSESSMENT OF WEED/BRUSH ABATEMENT
PROGRAM CHARGES. MOTION PASSED BY VERBAL ROLL CALL. AYES:
ZHAO, WALIA, KUMAR, FITZSIMMONS, BERNALD. NOES: NONE. ABSTAIN:
NONE. ABSENT: NONE.
Mayor Zhao requested a recess at 8:17 p.m. and resumed the meeting at 8:31 p.m.
3.GENERAL BUSINESS
3.1. Award of Contract for Heritage Orchard Maintenance Services
Recommended Action:
Authorize the City Manager to enter into a three year Service Contract with Orchard
Keepers, Inc. (with the option to renew) in an amount not to exceed $124,500 per year for
the maintenance of the Saratoga Heritage Orchard.
Nicole Johnson, Senior Planner, presented the staff report.
Mayor Zhao invited public comment on the item.
24
Saratoga City Council Minutes ~ April 21, 2021 ~ Page 6 of 9
Mathew Sutton spoke
Matt Novakovich spoke
Tiger Teerlink spoke
Gary Smith spoke
Stan Bogosian spoke
Dorcas Haque spoke
Darcey spoke
Bob Shepard spoke
Bob Binkley spoke
Brian Kempf spoke
James spoke
Norm Kaepernick spoke
Neal Casteel spoke
Paul Hernandez spoke
Lisa Newman spoke
Darrin spoke
Tina spoke
Sky spoke
Jeffrey Schwartz spoke
Doug Case spoke
Ryan Silsbee spoke
No one else requested to speak.
KUMAR/FITZSIMMONS MOVED TO DIRECT STAFF TO ENTER INTO A 3-YEAR
SERVICE CONTRACT WITH NOVAKOVICH ORCHARDS FOR
MAINTENANCE OF THE SARATOGA HERITAGE ORCHARD.
25
Saratoga City Council Minutes ~ April 21, 2021 ~ Page 7 of 9
BERNALD/WALIA MOVED TO APPROVE A ONE-YEAR CONTRACT WITH
ORCHARD KEEPERS, INC., IN AN AMOUNT NOT TO EXCEED $124,500 PER
YEAR FOR THE MAINTENANCE OF THE SARATOGA HERITAGE ORCHARD,
AND TO REQUEST QUARTERLY REPORTS TO THE COUNCIL BASED ON
THE ORCHARD MASTER PLAN.MOTION PASSED BY VERBAL ROLL CALL.
AYES: ZHAO, WALIA, BERNALD. NOES: KUMAR, FITZSIMMONS. ABSTAIN:
NONE. ABSENT: NONE.
Mayor Zhao requested a break at 10:44 p.m. and resumed the meeting at 10:50 p.m.
3.2. Options for Reducing Wood Shake Roofs in Wildland Urban Interface Area
Recommended Action:
Direct staff to include a waiver in the Fiscal Year 2021/22 Fee Schedule of roof replacement
permit fees for properties in the Wildland Urban Interface area with untreated wood shake
or shingle roofs that will be replaced with non-wood Class A roofing materials.
Crystal Bothelio, Assistant City Manager, presented the staff report.
Mayor Zhao invited public comment on the item.
No one requested to speak.
FITZSIMMONS/WALIA MOVED TO DIRECT STAFF TO INCLUDE A WAIVER IN
THE FISCAL YEAR 2021/22 FEE SCHEDULE OF ROOF REPLACEMENT
PERMIT FEES FOR PROPERTIES IN THE WILDLAND URBAN INTERFACE
AREA WITH UNTREATED WOOD SHAKE OR SHINGLE ROOFS THAT WILL
BE REPLACED WITH NON-WOOD CLASS A ROOFING MATERIALS. MOTION
PASSED BY VERBAL ROLL CALL. AYES: ZHAO, WALIA, KUMAR,
FITZSIMMONS, BERNALD. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.
3.3. Options for Reducing Wildfire Risk in Wildland Urban Interface Area through
Landscaping
Recommended Action:
Direct staff to: 1) prepare an ordinance that would modify tree removal criteria in City Code
Section 15-50.080 to allow removal of qualifying tree species in the Wildland Urban
Interface area; 2) amend the City of Saratoga Fee Schedule to waive permit fees for
qualifying trees, if an ordinance amending criteria for tree removal is adopted by the City
Council; 3) exclude problematic tree species from being used as replacement trees following
a removal; and, 4) prepare an ordinance amending existing landscape regulations to require
a 5-foot nonflammable buffer around new structures in the Wildland Urban Interface area
by prohibiting the placement of plants in the buffer and requiring areas below patios and
decks to be screened or boxed-in.
Crystal Bothelio, Assistant City Manager, presented the staff report.
Mayor Zhao invited public comment on the item.
No one requested to speak.
26
Saratoga City Council Minutes ~ April 21, 2021 ~ Page 8 of 9
WALIA/FITZSIMMONS MOVED TO DIRECT STAFF TO: 1) PREPARE AN
ORDINANCE THAT WOULD MODIFY TREE REMOVAL CRITERIA IN CITY
CODE SECTION 15-50.080 TO ALLOW REMOVAL OF QUALIFYING TREE
SPECIES IN THE WILDLAND URBAN INTERFACE AREA; 2) AMEND THE
CITY OF SARATOGA FEE SCHEDULE TO WAIVE PERMIT FEES FOR
QUALIFYING TREES, IF AN ORDINANCE AMENDING CRITERIA FOR TREE
REMOVAL IS ADOPTED BY THE CITY COUNCIL; 3) EXCLUDE
PROBLEMATIC TREE SPECIES FROM BEING USED AS REPLACEMENT
TREES FOLLOWING A REMOVAL; AND, 4) PREPARE AN ORDINANCE
AMENDING EXISTING LANDSCAPE REGULATIONS TO REQUIRE A 5-FOOT
NONFLAMMABLE BUFFER AROUND NEW STRUCTURES IN THE WILDLAND
URBAN INTERFACE AREA BY PROHIBITING THE PLACEMENT OF PLANTS
IN THE BUFFER AND REQUIRING AREAS BELOW PATIOS AND DECKS TO
BE SCREENED OR BOXED-IN.MOTION PASSED BY VERBAL ROLL CALL.
AYES: ZHAO, WALIA, KUMAR, FITZSIMMONS, BERNALD. NOES: NONE.
ABSTAIN: NONE. ABSENT: NONE.
After concluding Item 3.3, the City Council returned to agenda item 2.1.
COUNCIL ASSIGNMENTS
Mayor Yan Zhao
Cities Association of Santa Clara County-Legislative Action Committee – the Committee
received a presentation by Assembly Member Marc Berman, author of Assembly Bill (AB)
1091, and Glenn Hendricks, VTA Board President. AB 1091 would change how the VTA Board
is represented.
Cities Association of Santa Clara County – the Board approved the preliminary FY 21/22 budget
and received a presentation from the new CEO of Silicon Valley Leadership Group, Ahmad
Thomas.
Valley Transportation Authority (VTA) Policy Advisory Committee – the Committee
recommended adopting the Fiscal Year 21-22 and Fiscal Year 22-23 budget.
West Valley Sanitation District – there was a closed session with nothing to report.
Vice Mayor Tina Walia
Silicon Valley Clean Energy Authority Board of Directors – the Board approved participation in
the California Community Choice Financing Authority Joint Powers Authority and authorized
the Chief Executive Officer to execute a 15-year power purchase agreement with San Luis West
Solar for renewable solar and energy storage. There was also a Special Board Meeting to
approve a 20-year purchase agreement for wind energy.
Council Member Rishi Kumar
Santa Clara Valley Water District Commission –the Commission considered a staff recommended
rate increase for ground water production charges for Fiscal Year 2021-22. Council Member
Kumar opposed the recommended rate increase.
Council Member Kookie Fitzsimmons
Hakone Foundation Board – Council Member Fitzsimmons attended the meeting.
Santa Clara County Housing and Community Development (HCD) Council Committee – the
Committee approved the annual action plan, which then goes to the Board of Supervisors for
27
Saratoga City Council Minutes ~ April 21, 2021 ~ Page 9 of 9
approval, followed by HUD. The Saratoga Senior Center would receive funds if everything is
approved.
Saratoga Public Art Committee– Council Member Fitzsimmons attended the meeting.
Council Member Mary-Lynne Bernald
Hakone Foundation Board & Executive Committee – the Board received an update from the
Pond Renovation Fund Raising Committee, the Executive Director reported that Hakone had lots
of visitors during Hanami. On May 3, 2021, a book on the history of Hakone will be published.
Saratoga Public Art Committee – the Committee recommended acceptance of PLACE and
discussed Shadow Art as well as mural art opportunities.
CITY COUNCIL ITEMS
Vice Mayor Walia, with support from Council Member Fitzsimmons, withdrew the request to
place Wyland Mayor’s Water Challenge on the Council agenda.
Council Member Bernald requested that the Council to consider outreach to the community
about the current City gun storage requirements. There was no support for the request.
COUNCIL COMMUNICATIONS
Council Member Kumar spoke against muting Council Members during a Council Meeting.
CITY MANAGER'S REPORT
None
Mayor Zhao reopened the discussion on the Commissioner Interview.
KUMAR/FITZSIMMONS MOVED TO APPOINT PRIYA SHASTRI TO HERITAGE
PRESERVATION COMMISSION FOR A FULL-TERM ENDING DECEMBER 31, 2024.
MOTION PASSED BY VERBAL ROLL CALL. AYES: ZHAO, WALIA, KUMAR,
FITZSIMMONS, BERNALD. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.
ADJOURNMENT
FITZSIMMONS/WALIA MOVED TO ADJOURN THE MEETING AT 11:25 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
28
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
4/20/2021 143086 143118 33 131,426.75 4/20/2021 4/13/2021 143085
Accounts Payable 4/27/2021 143119 143156 38 124,366.24 4/27/2021 4/20/2021 143118
Accounts Payable checks issued for $20,000 or greater:
Date Check #Dept.Amount
4/20/2021 143088 AECOM Technical Services General Fund CDD SRC EIR 24,005.00
4/20/2021 143108 Santa Clara Fire Safety Council General Fund PW Wildfire Prevention 25,000.00
4/27/2021 143141 Oscar Urvizio Tellez General Fund PW Tree and Stump Removals 29,825.00
Accounts Payable checks voided during this time period:
AP Date Check #Amount
4/20/2021 143050 Giuliani & Kull- San Jose Inc Damaged in postage mach 700.00
ATTACHMENTS:
Check Registers in the 'A/P Checks By Period and Year' report format
Accounts Payable
SARATOGA CITY COUNCIL
MEETING DATE:May 5, 2021
DEPARTMENT:Finance & Administrative Services
04/20/21 Period 10; 04/27/21 Period 10:
PREPARED BY:
Ending Check
#
Starting
Check #Type of Checks Date
Prior Check RegisterChecks
ReleasedTotal Checks Amount
Reissued
Fund Purpose
StatusReason Issued to
Issued to
29
30
31
32
33
34
35
36
37
SARATOGA CITY COUNCIL
MEETING DATE: May 5, 2021
DEPARTMENT: Finance & Administrative Services
PREPARED BY: Ann Xu, Accountant
SUBJECT: Treasurer’s Report for the Month Ended March 31, 2021
RECOMMENDED ACTION:
Review and accept the Treasurer’s Report for the month ended March 31, 2021.
BACKGROUND:
California government code section 41004 requires that the City Treasurer submit to the City Clerk and the
legislative body a written report and accounting of all receipts, disbursements, and fund balances. The
Municipal Code of the City of Saratoga, Article 2-20, Section 2-20.035 designates the City Manager as the
City Treasurer. This report is prepared to fulfill this requirement.
The following attachments provide various financial transaction data for the City of Saratoga’s Funds
collectively as well as specifically for the City’s General (Operating) Fund, including an attachment from
the State Treasurer’s Office of Quarterly LAIF rates from the 1st Quarter of 1977 to present.
FISCAL STATEMENT:
Cash and Investments Balance by Fund
As of March 31, 2021, the City had $784,021 in cash deposit at Comerica bank, and $26,842,220 on deposit
with LAIF. The City Council’s adopted policy on the Working Capital Reserve Fund states that effective
July 1, 2016: for cash flow purposes and to avoid occurrence of dry period financing, pooled cash from all
funds should not be allowed to fall below $1,000,000. The total pooled cash balance as of March 31, 2021
is $27,626,241 and exceeds the minimum limit required.
City’s Current Financial Position
In accordance with California government code section 53646 (b) (3), the City is financially well positioned
and able to meet its expenditure requirements for the next six months. As of March 31, 2020, the City’s
financial position (Assets $28.4M, Liabilities $3.7M and Fund Equity $24.7M) remains very strong and
there are no issues in meeting financial obligations now or in the foreseeable future.
Unrestricted Cash
Comerica Bank 784,021$
Deposit with LAIF 26,842,220$
Total Unrestricted Cash 27,626,241$
Cash Summary
38
The following Fund Balance schedule represents actual funding available for all funds at the end of the
monthly period. This amount differs from the above Cash Summary schedule as assets and liabilities are
components of the fund balance. As illustrated in the summary below, Total Unrestricted Cash is adjusted
by the addition of Total Assets less the amount of Total Liabilities to arrive at the Ending Fund Balance –
which represents the actual amount of funds available.
Fund Balance Designations
In accordance with Governmental Accounting Standards Board (GASB) Statement No. 54, Fund Balance
Reporting and Governmental Fund Type Definitions, the components of fund balance are categorized as
follows: “non-spendable fund balance”, resources that are inherently non-spendable from the vantage point
of the current period; “restricted fund balance”, resources that are subject to enforceable legal restrictions;
“committed fund balance”, resources whose use is constrained by limitations the government imposes upon
itself through formal action at its highest level of decision making and remains binding unless removed in
the same manner; “assigned fund balance”, resources that reflects a government’s intended use of
resources, such intent would have to be established at either the highest level of decision making, by a body,
or an official designated for that purpose; and “unassigned fund balance”, net resources in excess of what
can properly be classified in one of the other four categories. Currently, the City’s fund balance reserves
fall into one of the four spendable categories; restricted, committed, assigned, or unassigned fund balance.
ATTACHMENTS
A – Change in Total Fund Balances by Fund under GASB 54
B – Change in Total Fund Balances by CIP Project
C – Change in Cash Balance by Month
D – Local Agency Investment Fund (LAIF) Quarterly Apportionment Rates
Total Unrestricted Cash 27,626,241$
Plus: Assets 780,263
Less: Liabilities (3,693,826)
Ending Fund Balance 24,712,678$
Adjusting Cash to Ending Fund Balance
39
ATTACHMENT A
CHANGES IN TOTAL FUND BALANCE UNDER GASB 54
*Negative fund balance due to authorized spending of anticipated revenues
These figures will be updated for future reports once the FY 2017/18 pendent audit is completed.
Fund Description
Prior Year
Carryforward
7/1/2020
Increase/
(Decrease)
Jul-Feb
Current
Revenue
Current
Expenditure Transfer In Transfer Out
Fund Balance
3/31/2021
General Fund
Restricted Fund Balances:
Environmental Services Reserve 113,182 - - - - - 113,182
Committed Fund Balances:
Hillside Stability Reserve 1,000,000 - - - - - 1,000,000
Assigned Fund Balances:
Future Capital Replacement & Efficiency Project Reserve 2,488,878 - - - - 2,485,500 3,378
Carryforwards Reserve 155,556 - - - - - 155,556
Facility Reserve 3,200,000 - - - - - 3,200,000
Unassigned Fund Balances:
Working Capital Reserve 1,000,000 - - - - - 1,000,000
Fiscal Stabilization Reserve 3,150,000 - - - - - 3,150,000
LLD Closeout Reserve 1,062,604 - - - - - 1,062,604
Compensated Absences Reserve 310,479 - - - - - 310,479
Other Unassigned Fund Balance Reserve (Pre YE distribution)1,953,908 (1,590,681) 1,881,605 (232,367) - - 2,477,198
General Fund Total 14,434,607 (1,590,681) 1,881,605 (232,367) - 2,485,500 12,472,397
Special Revenue
Landscape/Lighting Districts 787,733 79,725 2,536 55,151 - - 814,843
Debt Service
Library Bond 788,245 (360,502) 1,551 - - - 429,294
Arrowhead Bond 294,269 (46,906) 7,935 (78,021) 356,840 - 690,158
Debt Service 1,082,514 (407,408) 9,486 (78,021) 356,840 - 1,119,452
Internal Service Fund
Liability/Risk Management 503,819 (195,492) 113,171 17,928 - - 403,571
W orkers Compensation 252,012 (73,439) 43,750 4,572 - - 217,750
Office Support Fund 135,793 (15,155) 4,379 1,653 - - 123,364
Information Technology Services 382,123 (85,154) 163,128 67,336 - - 392,762
Vehicle & Equipment Maintenance 300,675 (11,856) 68,750 34,527 - - 323,042
Building Maintenance 620,583 (15,621) 225,000 93,676 - - 736,287
Vehicle & Equipment Replacement 537,331 (65,345) - - - - 471,986
Technology Replacement 603,042 67,349 37,500 - - - 707,892
Facility FFE Replacement 528,631 56,045 50,000 - - - 634,676
Internal Service Fund Total 3,864,011 (338,668) 705,679 219,691 - - 4,011,331
Trust/Agency
WVCWP Agency Fund 573,847 9,190 728 84,177 - - 499,588
Arrowhead Project Fund 356,840 - - - - 356,840 -
Trust/Agency Fund Total 930,687 9,190 728 84,177 - 356,840 499,588
Capital Project
Street Projects 2,237,394 (396,348) 29,275 62,669 980,500 75,000 2,713,152
Park and Trail Projects 1,135,854 (744,565) - 8,777 795,000 - 1,177,512
Facility Projects 802,334 (141,425) - 4,504 500,000 - 1,156,405
Administrative Projects 481,602 (111,820) 6,270 13,053 285,000 - 647,999
Tree Fund Projects 75,768 (13,043) - 280 - - 62,445
Park In-Lieu Projects 205,590 92,814 - - - - 298,404
CIP Grant Street Projects (251,717) 350,513 - - - - 98,795
CIP Grant Park & Trail Projects (21,234) 20,905 - 4,265 - - (4,594) *
CIP Grant Administrative Projects (118,978) (1,286) - - - - (120,264) *
Gas Tax Fund Projects 170,247 (437,332) 80,332 48,041 - - (234,793) *
CIP Fund Total 4,716,861 (1,381,587) 115,877 141,588 2,560,500 75,000 5,795,061
Total City 25,816,417 (3,629,430) 2,715,911 190,218 2,917,340 2,917,340 24,712,678
40
ATTACHMENT B
FUND BALANCES BY CIP PROJECT
CIP Funds/Projects
Prior Year
Carryforward
7/1/2020
Increase/
(Decrease)
Jul-Feb
Current
Revenue
Current
Expenditure Transfer In Transfer Out
Fund Balance
3/31/2021
Street Projects
Annual Road Improvements 251,063 443,244 29,275 31,843 - - 691,739
Roadway Safety & Traffic Calming 30,882 (42,921) - - 75,000 - 62,961
Citywide Traffic Signal Battery Backup - - - - 150,000 - 150,000
Prospect/Saratoga Median Improvement 51,402 224,027 - - 40,000 - 315,429
Citywide Signal Upgrade Project Phase II 10,000 - - - - - 10,000
Fruitvale/Allendale Improvement 317,389 (191,516) - - - - 125,874
Village Clock - (6,014) - - 15,500 - 9,486
Annual Infrastructure Maintenance & Repairs - (167,897) - 11,915 250,000 - 70,188
McFarland Avenue Curb and Gutter Replacement 349,176 (309,487) - - - - 39,689
Village Sidewalk, Curb & Gutter - Phase II Construction 59,230 (27,417) - - - - 31,813
EL Camino Grande Storm Drain Pump 19,098 (10,597) - 6,950 - - 1,551
Saratoga Village Crosswalk & Sidewalk Rehabilitation 44,000 - - - - - 44,000
Quito Road Sidewalk Improvements 43,370 - - - - - 43,370
Saratoga/Sunnyvale Road Sidewalk 92,158 - - - - - 92,158
Saratoga Sunnyvale Rd. Pathway Rehab Cox to RRX - - - - 125,000 - 125,000
Fourth Street Bridge Widening 99,837 - - - - - 99,837
Quito Road Bridge Replacement 119,007 (32,281) - 550 50,000 - 136,175
Quito Road Bridge - ROW Acquisition 30,925 (24,762) - - - - 6,163
Annual Retaining Wall Maintenance & Repairs 121,113 (151,158) - 9,277 200,000 - 160,678
Mt. Eden Erosion Repair 175,000 - - 120 - 75,000 99,880
Continental Circle Landslide Stabilization 325,000 (825) - 2,014 75,000 - 397,161
Underground Project 98,744 (98,744) - - - - -
Total Street Projects 2,237,394 (396,348) 29,275 62,669 980,500 75,000 2,713,152
Parks & Trails Projects
Park/Trail Repairs 15,787 (87,667) - - 125,000 - 53,120
Hakone Gardens Infrastructure Improvements 15,560 (6,805) - (1) - - 8,755
Hakone Pond Reconstruction - - - - 300,000 - 300,000
Kevin Moran Park Accessible Parking - (80,556) - 2,513 95,000 - 11,931
Guava/Fredericksburg Entrance 80,262 (10,397) - 2,000 250,000 - 317,865
Saratoga Village to Quarry Park Walkway - Design 203,989 - - - 25,000 - 228,989
Saratoga to Sea Trail - Construction 820,256 (559,141) - 4,265 - - 256,851
Total Parks & Trails Projects 1,135,854 (744,565) - 8,777 795,000 - 1,177,512
Facility Projects
CDD/PW Lobby Remodel 143,764 (113,177) - - - - 30,587
Civic Theater Improvements 109,175 - - - - - 109,175
PEG Funded Project 360,384 37,970 - - - - 398,354
Preschool Turf Conversion 5,750 - - - - - 5,750
Senior Center Entrance Remodel 42,881 (24,401) - - - - 18,479
Community Center Improvement 130,380 (28,516) - 1,490 - - 100,374
Community Center Generator and EV Charging Stations - (18,301) - 3,014 500,000 - 478,685
Library Building Exterior Maintenance 10,000 5,000 - - - - 15,000
Total Facility Projects 802,334 (141,425) - 4,504 500,000 - 1,156,405
Administrative and Technology Projects
City Website/Intranet 16,948 - - - - - 16,948
Development Technology 98,354 (4,807) 6,270 - - - 99,817
LLD Initiation Match Program 25,000 - - - - - 25,000
Horseshoe Beautification 19,250 (1,575) - 225 - - 17,450
Citywide Accessibility Assessment 55,965 (10,639) - 6,190 - - 39,136
City Art Program 6,169 (2,500) - - 25,000 - 28,669
Safe Routes to School Needs Assessment - (1,354) - 5,797 60,000 - 52,849
El Quito Neighborhood Improvements - (9,928) - 840 150,000 - 139,232
General Plan Update 171,024 (46,629) - - - - 124,395
Wildfire Mitigation Program - (24,968) - - 50,000 - 25,032
Risk Management Project Funding 88,891 (9,420) - 0 - - 79,471
Total Administrative and Technology Projects 481,602 (111,820) 6,270 13,053 285,000 - 647,999
41
budgeted be updated for future reports once
ATTACHMENT B (Cont.)
FUND BALANCES BY CIP PROJECT
* Negative fund balance due to authorized spending of anticipated revenues
CIP Funds/Projects
Prior Year
Carryforward
7/1/2020
Increase/
(Decrease)
Jul-Feb
Current
Revenue
Current
Expenditure Transfer In Transfer Out
Fund Balance
3/31/2021
Tree Fund Projects
Citywide Tree Planting Program 51,643 (13,668) - 280 - - 37,695
Tree Dedication Program 24,125 625 - - - - 24,750
Total Tree Fund Projects 75,768 (13,043) - 280 - - 62,445
CIP Grant Street Projects
Prospect/Saratoga Median Improvement (41,000) 12,000 - - - - (29,000) *
Citywide Signal Upgrade II (188,725) 188,742 - - - - 18
Saratoga Ave Sidewalk 50,261 - - - - - 50,261
Village Sidewalk, Curb & Gutter - Phase II Construction 39,909 - - - - - 39,909
Big Basin Way Sidewalk Repairs (131,311) 140,861 - - - - 9,550
Saratoga Village Crosswalk & Sidewalk Rehabilitation 3,368 - - - - - 3,368
4th Street Bridge 2,855 1,771 - - - - 4,625
Quito Bridge Replacement 18,595 - - - - - 18,595
Quito Road Bridges - ROW Acquisition (5,670) 7,138 - - - - 1,468
Total CIP Grant Street Projects (251,717) 350,513 - - - - 98,795
CIP Grant Park & Trail Projects
Saratoga to the Sea Trail - Design (21,234) 20,905 - 4,265 - - (4,594) *
Total CIP Grant Park & Trail Projects (21,234) 20,905 - 4,265 - - (4,594)
CIP Grant Administrative Projects
CDD Software/ADA (118,978) (1,286) - - - - (120,264) *
Total CIP Grant Administrative Projects (118,978) (1,286) - - - - (120,264)
Park In-Lieu Projects
Hakone Gardens Infrastructure 114,505 (24,990) - - - - 89,515
Saratoga Village to Quarry Park Walkway - Design 73,811 - - - - - 73,811
Unallocated Park In-Lieu Funds 17,274 117,804 - - - - 135,078
Total Park In-Lieu Projects 205,590 92,814 - - - - 298,404
Gas Tax Fund Projects
Annual Roadway Improvements 46,179 (376,152) 80,332 48,041 - - (297,682) *
Prospect/Saratoga Median Improvements 48,278 - - - - - 48,278
Citywide Signal Upgrade II 64,728 (61,045) - - - - 3,683
Big Basin Way Sidewalk Repairs 3,977 (135) - - - - 3,842
Quito Road Bridges 7,085 - - - - - 7,085
Total Gas Tax Fund Projects 170,247 (437,332) 80,332 48,041 - - (234,793)
Total CIP Funds 4,716,861 (1,381,587) 115,877 141,588 2,560,500 75,000 5,795,061
42
ATTACHMENT C
CHANGE IN CASH BALANCE BY MONTH
43
ATTACHMENT D
March June September December
1977 5.68 5.78 5.84 6.45
1978 6.97 7.35 7.86 8.32
1979 8.81 9.10 9.26 10.06
1980 11.11 11.54 10.01 10.47
1981 11.23 11.68 12.40 11.91
1982 11.82 11.99 11.74 10.71
1983 9.87 9.64 10.04 10.18
1984 10.32 10.88 11.53 11.41
1985 10.32 9.98 9.54 9.43
1986 9.09 8.39 7.81 7.48
1987 7.24 7.21 7.54 7.97
1988 8.01 7.87 8.20 8.45
1989 8.76 9.13 8.87 8.68
1990 8.52 8.50 8.39 8.27
1991 7.97 7.38 7.00 6.52
1992 5.87 5.45 4.97 4.67
1993 4.64 4.51 4.44 4.36
1994 4.25 4.45 4.96 5.37
1995 5.76 5.98 5.89 5.76
1996 5.62 5.52 5.57 5.58
1997 5.56 5.63 5.68 5.71
1998 5.70 5.66 5.64 5.46
1999 5.19 5.08 5.21 5.49
2000 5.80 6.18 6.47 6.52
2001 6.16 5.32 4.47 3.52
2002 2.96 2.75 2.63 2.31
2003 1.98 1.77 1.63 1.56
2004 1.47 1.44 1.67 2.00
2005 2.38 2.85 3.18 3.63
2006 4.03 4.53 4.93 5.11
2007 5.17 5.23 5.24 4.96
2008 4.18 3.11 2.77 2.54
2009 1.91 1.51 0.90 0.60
2010 0.56 0.56 0.51 0.46
2011 0.51 0.48 0.38 0.38
2012 0.38 0.36 0.35 0.32
2013 0.28 0.24 0.26 0.26
2014 0.24 0.22 0.24 0.25
2015 0.26 0.28 0.32 0.37
2016 0.46 0.55 0.60 0.68
2017 0.78 0.92 1.07 1.20
2018 1.51 1.90 2.16 2.40
2019 2.55 2.57 2.45 2.29
2020 2.03 1.36 0.84 0.63
2021 0.44
Quarterly Apportionment Rates
Local Agency Investment Fund
44
SARATOGA CITY COUNCIL
MEETING DATE:May 5, 2021
DEPARTMENT:Public Works
PREPARED BY:Kristin Borel, Administrative Analyst
SUBJECT:Parks & Recreation Commission Mission Statement Update
RECOMMENDED ACTION:
Approve the updated Parks & Recreation Commission Mission Statement by adopting the attached
Resolution.
BACKGROUND:
The Parks and Recreation Commission met on January 12, 2021 to discuss updating to their current
Mission Statement. Since the City transferred recreation services to Los Gatos Saratoga
Recreation, the Commission wanted to review their statement and update the message.
The Commission serves under direction of the City Council and changes to the Mission Statement
must be approved by the Council. The City Council reviewed the draft Mission Statement at the
Special Meeting held on March 30, 2021 and suggested no changes.The attached resolution would
adopt the new Mission Statement.
Below is the text of the existing Mission Statement and the updated Mission Statement.
Existing
The Parks and Recreation Commission of the City of Saratoga is dedicated toward the planning,
acquisition, development, and maintenance of parks, trails, and other recreational areas and
facilities promoting a better living environment and assuring that Saratoga continues embracing
its most valued natural and historic resources so that citizens may enjoy neighborhood and
community opportunities now and in the future.
Updated Version
The Parks and Recreation Commission of the City of Saratoga strives to provide safe, welcoming
parks, trails, and other recreational areas and facilities, maintain a healthy, diverse living
environment, and preserve the City’s valued natural and historical resources for citizens to enjoy.
Attachment A –Resolution
45
RESOLUTION NO. _______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
ESTABLICHING A NEW MISSION STATEMENT FOR THE
PARKS AND RECREATION COMMISSION
WHEREAS, the City of Saratoga Parks and Recreation Commission was established by
Resolution No. 432 dated May 15, 1968, which has been amended from time to time; and
WHEREAS, at the Commission’s Regular Meeting on January 12, 2021, the
Commission reviewed their Mission Statement and recommended changes for consideration by
the City Council; and
WHEREAS, on March 30, 2021, the Commission and the City Council discussed the
changes and the Council directed that they be brought forward for Council approval ; and
NOW, THEREFORE, BE IN RESOLVED by the City Council of the City of Saratoga:
The Parks and Recreation Commission Mission Statement is as follows:
Parks and Recreation Commission Mission Statement
The Parks and Recreation Commission of the City of Saratoga strives to provide safe,
welcoming parks, trails, and other recreational areas and facilities, maintain a healthy,
diverse living environment, and preserve the city’s valued natural and historical resources for
citizens to enjoy.
The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga
City Council held on the 5th day of May 2021 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Yan Zhao, Mayor
ATTEST:
DATE:
Debbie Bretschneider, CMC, City Clerk
46
47
City of Saratoga
Memorandum
To: Mayor Zhao & Members of the Saratoga City Council
From: Kristin Borel, Public Works Analyst
Date: May 5, 2021
Subject: Change to Parks & Recreation Commission Mission Statement
Following publication of the agenda packet, staff received a request to amend the Draft Mission
Statement of the Parks and Recreation Commission for the Regular City Council Meeting on May 5,
2021. The revised resolution is attached and requested changes are noted below.
“The Parks and Recreation Commission of the City of Saratoga strives to provide safe, welcoming
parks, trails, and other recreational areas and facilities; maintain a healthy, diverse living
environment; and, preserve the city’s valued natural and historical resources for citizens residents
to enjoy.”
48
RESOLUTION NO. _______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
ESTABLICHING A NEW MISSION STATEMENT FOR THE
PARKS AND RECREATION COMMISSION
WHEREAS, the City of Saratoga Parks and Recreation Commission was established by
Resolution No. 432 dated May 15, 1968, which has been amended from time to time; and
WHEREAS, at the Commission’s Regular Meeting on January 12, 2021, the
Commission reviewed their Mission Statement and recommended changes for consideration by
the City Council; and
WHEREAS, on March 30, 2021, the Commission and the City Council discussed the
changes and the Council directed that they be brought forward for Council approval; and
NOW, THEREFORE, BE IN RESOLVED by the City Council of the City of Saratoga:
The Parks and Recreation Commission Mission Statement is as follows:
Parks and Recreation Commission Mission Statement
The Parks and Recreation Commission of the City of Saratoga strives to provide safe, welcoming
parks, trails, and other recreational areas and facilities; maintain a healthy, diverse living
environment; and, preserve the city’s valued natural and historical resources for residents to
enjoy.”
The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga
City Council held on the 5th day of May 2021 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Yan Zhao, Mayor
ATTEST:
DATE:
Debbie Bretschneider, CMC, City Clerk
49
50
SARATOGA CITY COUNCIL
MEETING DATE:May 5, 2021
DEPARTMENT:City Manager’s Department
PREPARED BY:Crystal Bothelio, Assistant City Manager
SUBJECT:Donation of PLACE
RECOMMENDED ACTION:
Authorize the City Manager to execute the donation agreement with Montalvo Arts Center to
accept the donation PLACE.
BACKGROUND:
PLACE is steel plate bench that consists of 5 separate letters, spelling the word place. The artwork
was created by Steven Simon in 2008 with the hopes that it would “get people to consider the
many contexts and purposes of the word.” The City of Saratoga has been leasing PLACE from
Montalvo Arts Center since 2016. The bench has been located outside the Saratoga Library, where
it often enjoyed.
In 2020, Montalvo Arts Center shared its intention to gift PLACE to the City of Saratoga at the
end of the artwork lease in 2021. On April 20, 2021, the Public Art Committee recommended that
the City Council accept the donation. The donation agreement is attached.
ATTACHMENTS:
Attachment A –Donation Agreement
51
PUBLIC ARTWORK DONATION AGREEMENT
This agreement is made and effective on the date last signed below_between the City of Saratoga
("City"), a municipal corporation, and Montalvo Arts Center ("Montalvo"), a California not for
profit public benefit corporation.
1. Donation
Montalvo, as the sole owner of the artwork described in Exhibit A ("Artwork"), hereby
irrevocably and unconditionally gives and transfers the Artwork to the City together with all
rights, titles, and interest associated with the Artwork including, without limitation, any rights,
titles and interest Montalvo may have in and to the intellectual property interests associated with
the Artwork. Montalvo represents to the City that it owns all rights, titles, and interests to the
Artwork. Further, Montalvo represents to the City, to the best of its knowledge, that (a)
Montalvo has the right to give the Artwork to the City, (b) the Artwork is free and clear of all
encumbrances and restrictions of any third party, and (c) the Artwork has not been imported or
exported into or from any country except in compliance with the applicable laws.
2. City's Credit of Montalvo's Donation
The credit line for the Artwork shall read as follows: "Gift of Montalvo Arts Center, 2021 ".
3. Donation Policy Provisions
In accordance with the City's donation policy, the parties agree that:
a. Montalvo's contribution to the City will be recognized publicly as described
above.
b. Except as provided in this agreement, the City may use the Artwork in any manner
at its sole discretion and Montalvo has no right or obligation to control City's use
of the donation.
c. Montalvo has not and will not receive any goods or services in exchange for the
donation and the City will not grant any extra consideration to Montalvo in
relation to City procurement, regulatory matters, or any other business, services,
or operations of the City.
d. Montalvo confirms that this donation is not made at the behest of a City Council
Member or of any member of the Planning or Heritage Preservation Commissions
or staff of the Community Development Department.
52
4. Contact Information
In connection with administering this agreement, Montalvo and City shall work through
the following primary representatives:
City of Saratog a Montalvo
Primary Representative Cry stal Bothelio Kaela Bernal
Address City of Saratoga 15400 Montalvo Road
13777 Fruitvale Avenue P.O. Box 158
Saratoga, CA 95070 Saratoga, CA 95071
Telephone 408.868.1269 408.961.5824
Cell Phone
E-mail cbothelio @ saratoga.ca.us kbernal @montalvoarts.org
5. Prior Agreement
The Artwork is the subject of a separate agreement between City and Montalvo entered
into on or about May 19, 2016 and amended September 28, 2017 with a term expiring October 1,
2021. As of the effective date of this agreement, that agreement is of no further force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement by having their
signatures affixed below.
Monta,lvo City of Saratoga
I .·. /'tl . I 1 \. f {:'·"'¥~'\ · l ( v }/\. ~· •V . ,
Angela McConnell, Executive Director James Lindsay, City Manager
Date:
ATTEST:
Debbie Bretschneider, City Clerk
Date: -----------------
APPROVED AS TO FORM:
Richard Taylor, City Attorney
Page 2 of3
53
Page 3 of 3
EXHIBIT A
Description of Artwork
Artist: Steven Simon
Title: PLACE
Date: 2008
Medium: Steel
Dimensions: Five letters, 50” x 36” x 18” each
Estimated Value: $ 25,000
Photograph of the Artwork:
1344864.1
54
1
SARATOGA CITY COUNCIL
MEETING DATE:May 5, 2021
DEPARTMENT:City Attorney
PREPARED BY:Richard Taylor, City Attorney
SUBJECT:Amendment to Hillside Residential Zoning Designation to Make Wineries
Subject to Additional Conditional Use Permit Requirements
RECOMMENDED ACTION:
Conduct the public hearing and introduce and waive the first reading of the attached ordinance
and direct staff to place the ordinance on the consent calendar at the May 19, 2021 City Council
meeting.
BACKGROUND:
In the Hillside Residential zoning district certain conditional uses are subject to a requirement
that, in addition to satisfying the requirements applicable to all conditional uses they do not
create major traffic or noise impacts and are found to be compatible with the immediately
surrounding area. As part of the 2018 annual code update process the Planning Commission had
recommended that wineries be added to this list but that amendment was inadvertently not
included in the ordinance adopted by the City Council. A member of the community identified
the issue and the Mayor directed that this item be placed on the agenda. The attached ordinance
implements the Planning Commission’s recommendation.
DISCUSSION:
Section 15-13.040 of the Saratoga Code lists the types of uses that may be allowed in the Hillside
Residential zoning district with a conditional use permit. Conditional use permits may be issued
only if the Planning Commission makes the following findings (set forth in section 15-55.070 of
the Code):
1.That the proposed location of the conditional use is in accord with the objectives of the
Zoning Ordinance and the purposes of the district in which the site is located.
55
2
2.That the proposed location of the conditional use and the conditions under which it would
be operated or maintained will not be detrimental to the public health, safety or welfare,
or materially injurious to properties or improvements in the vicinity.
3.That the proposed conditional use will comply with each of the applicable provisions of
this Chapter.
4.That the proposed conditional use will not adversely affect existing or anticipated uses in
the immediate neighborhood, and will not adversely affect surrounding properties or the
occupants thereof.
Section 15-13.040 provides that in addition to satisfying these findings, institutional facilities,
public buildings, religious and charitable institutions, and nursing homes/day care facilities must
show that they “do not create major traffic or noise impacts” and are “compatible with the
immediately surrounding area.”
In 2018 the annual code update process included adding a definition of the term “winery” to the
City Code. Wineries were listed as conditionally permitted uses in the hillside residential and
residential open space districts but the Code had no definition of the term. The Planning
Commission recommended a proposed definition which was adopted by the City Council. The
Commission also recommended that wineries be added to the list of uses subject to the additional
requirements set forth in section 15-13.040. As noted above, that revision was inadvertently
omitted from the ordinance adopted by the City Council. The attached ordinance implements the
recommendation.
The relevant sentence of the Code provides “The conditional uses listed in subsections (k), (l),
(m), and (n) of this Section may be permitted, provided the uses do not create major traffic or
noise impacts and are found to be compatible with the immediately surrounding area.” Wineries
are listed as item (h) on the list of conditionally permitted uses. The Planning Commission
recommended deleting the “and” before (n) and adding “and (h)” after (n). To keep the list of
uses subject to the additional requirements in alphabetical order, the attached ordinance adds
item (h) at the beginning of the list.
In accordance with state law, the ordinance will take effect 30 days following its adoption and
will apply to all use permit decisions made after its effective date.
ATTACHMENTS
Attachment A – Ordinance Amending Section 15-13.040 of the Saratoga Municipal Code.
Attachment B – Planning Commission Resolution No. 18-025 Recommending Approval of
Amendments to the Chapter 15 of the Saratoga City Code.
56
Ordinance Amending Section 15-13.040- Page 1
ORDINANCE NO. _____
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING
CITY CODE SECTION 15-13.040 CONCERNING CONDITIONAL USES IN THE
HILLSIDE RESIDENTIAL ZONING DISTRICT
The City Council of the City of Saratoga finds that:
1. The City Code of the City of Saratoga requires periodic updates to reflects changes in
law, provide clarification to the community, and provide for improved customer service
and administration of City business.
2. As part of the 2018 update the City Council referred certain amendments to the Planning
Commission and the Planning Commission held a hearing on those amendments on
November 14, 2018 and made recommendations to the City Council . One Planning
Commission recommendation was inadvertently omitted from the ordinance adopted by
the City Council. That recommendation is the subject of this ordinance.
3. The City Council of the City of Saratoga held a duly noticed public hearing on May 5,
2021, and after considering all testimony and written materials provided in connection
with that hearing introduced this ordinance and waived the reading thereof.
Therefore, the City Council of the City of Saratoga hereby ordains as follows:
Section 1.Adoption.
The Saratoga City Code is hereby amended as set forth below. Text added to existing provisions
is shown in bold double-underlined text (example).
15-13.040 - Conditional uses.
The following conditional uses may be allowed in the HR district, upon the granting of a use permit
pursuant to Article 15-55 or Article 15-56 of this Chapter. The conditional uses listed in
subsections (h),(k), (l), (m), and (n) of this Section may be permitted, provided the uses do not
create major traffic or noise impacts and are found to be compatible with the immediately
surrounding area:
(a)Accessory structures and uses located on the same site as a conditional use.
(b)Public utility and public service pumping stations, power stations, drainage ways and
structures, storage tanks and transmission lines.
(c)Recreational courts, to be used solely by persons resident on the site and their guests.
(d)Boarding stables and community stables, subject to the regulations prescribed in Section
7-20.220 of this Code.
57
Ordinance Amending Section 15-13.040- Page 2
(e)Model homes utilized in connection with the sale of new single-family dwellings in a
subdivision, located upon a lot within the same subdivision or, in the discretion of the
Planning Commission, upon a lot within another subdivision developed by the applicant,
for such period of time as determined by the Planning Commission, not to exceed an initial
term of one year and not exceeding a term of one year for each extension thereof.
(f)Stables and corrals for the keeping for private use of more than two horses on a site. The
minimum net site area for each horse shall be forty thousand square feet, except that in the
equestrian zone only, one additional horse may be permitted for each forty thousand square
feet of net site area. All horses shall be subject to the regulations and license provisions set
forth in Section 7-20.220 of this Code.
(g)Plant nurseries, excluding sales of items other than plant materials.
(h)Wineries.
(i)Cluster development in accordance with Section 15-13.060(c).
(j)Community facilities.
(k)Institutional facilities.
(l)Police and fire stations and other public buildings, structures and facilities.
(m)Religious and charitable institutions.
(n)Nursing homes and day care facilities.
Section 2.Severance Clause.
The City Council declares that each section, sub-section, paragraph, sub-paragraph, sentence,
clause and phrase of this ordinance is severable and independent of every other section, sub-
section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance. If any section,
sub-section, paragraph, sub-paragraph, sentence, clause or phrase of this ordinance is held invalid,
the City Council declares that it would have adopted the remaining provisions of this ordinance
irrespective of the portion held invalid, and further declares its express intent that the remaining
portions of this ordinance should remain in effect after the invalid portion has been eliminated.
Section 3. California Environmental Quality Act
The proposed amendment to the City Code is Categorically Exempt from the California
Environmental Quality Act (CEQA) pursuant to CEQA Guideline section 15061(b)(3). CEQA
applies only to projects which have the potential of causing a significant effect on the environment.
Where it can be seen with certainty that there is no possibility that the activity in question may
have a significant effect on the environment, the activity is not subject to CEQA. In this
circumstance the amendment to the City Code would have no impact on the environment.
Section 4. Publication.
A summary of this ordinance shall be published in a newspaper of general circulation of the City
of Saratoga within fifteen days after its adoption.
58
Ordinance Amending Section 15-13.040- Page 3
Following a duly noticed public hearing the foregoing ordinance was introduced at the regular
meeting of the City Council of the City of Saratoga held on the 5th day of May, 2021 and was
adopted by the following vote on May 19, 2021.
COUNCIL MEMBERS:
AYES:
NOES:
ABSENT:
ABSTAIN:
SIGNED:
Yan Zhao
MAYOR, CITY OF SARATOGA, CALIFORNIA
ATTEST:
DATE:
Debbie Bretschneider
CITY CLERK
APPROVED AS TO FORM:
DATE:
Richard Taylor, CITY ATTORNEY
59
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SARATOGA CITY COUNCIL
MEETING DATE: May 5, 2021
DEPARTMENT: Community Development Department
PREPARED BY: Keith Weiner, Building Official
SUBJECT: Approval of Contract for Camino Online Permit Guide Platform Software
RECOMMENDED ACTION:
1. Adopt the attached resolution approving an adjustment to the Fiscal Year 2020/21 Operating &
Capital Improvement Budget; AND
2. Authorize the City Manager to enter into a one year contract to implement the Camino Online Permit
Guide Platform in an amount not to exceed $30,000.
BACKGROUND:
Community Development Staff receives hundreds of emails and calls each day with questions for
Planning, Building and the City Arborist. Residents and contractors are searching for information about
processes and requirements to plan and obtain permits for a myriad of projects. Events of the past year
have demonstrated that that the public is not only willing but also enthusiastic to be able to accomplish
these tasks online. During the COVID-19 pandemic, staff has implemented stop-gap measures to
continue conducting business while researching longer-term solutions and improvements. Providing the
option for online services will reduce person-to-person contact and help stop the transmission of viruses
and allow residents and applicants the ability to obtain information and make submittals at their
convenience online. In evaluating various software products, staff has found a proven online software
application that guides users through the development process, providing information, application
resources, and the ability to submit plans, permits and business license applications in a user-friendly
format.
Camino Permit Guide Platform Software
The Camino Permit Guide Platform provides a guided process to both research a project’s feasibility,
and a step-by-step guide to submittal. The guide can list rules, requirements, and fees for any given
project. The guide ties into the City’s GIS map to provide parcel data such as zoning, setbacks, hazard
zones and utility and school districts. The guide uses an adaptive process that triggers a workflow for
specific project locations, determining the submittal documents required and fillable forms for an online
application. The guide generates a customized checklist of steps for the applicant to follow, complete
with detailed instructions. Applicants can track the progress of their project and know their next steps.
The guide serves as a receiving point for plans, required documents and applications, and as a pay point
for fees. Incorporated on the webpage is a chat feature where questions can be asked and answered.
68
The platform is user/administrator friendly and requires no coding or engineering to modify. Staff can
add, subtract or modify content without a maintenance contract or IT staff time. It is web based and
requires no purchase of hardware by the City. All current submittal documents that the department use
will be available as fill in forms. Additionally, informational handouts can be provided as part of any
step to preemptively answer questions that may arise.
The Camino system will serve the public by offering 24-hour access to resources and the ability to
complete the entire planning and permitting process online. Implementation will allow the Community
Development Department to provide a higher level of customer service, using less staff time, and
increasing our efficiency.
FISCAL IMPACT:
The cost of the system is $30,000 per year. This includes two modules, the Permit Guide and Smart
Documents. The American Rescue Plan provides funding to pay for pandemic-related services and
products for which this software application qualifies. In order to implement this service as speedily as
possible, staff is requesting an adjustment to the FY20/21 budget to appropriate an expenditure to
purchase and implement the software.
ATTACHMENTS:
Attachment A - Resolution
Attachment B – Proposed Contract
69
RESOLUTION NO.__________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
AMENDING THE CITY’S FY 2020/21 OPERATING & CAPITAL BUDGET
TO APPROPRIATE FUNDING FOR ONLINE DEVELOPMENT SERVICES SOFTWARE
WHEREAS, the City Council desires to mitigate service impacts to residents and development
applicants that have resulted from COVID-19 pandemic restrictions; and
WHEREAS, the City Council recognizes the advantages of providing online services to reduce
person-to-person contact in the effort to stop the transmission of viruses and to allow residents and
applicants the ability to obtain information and make submittals online on a 24/7 basis; and
WHEREAS, staff has implemented stop-gap measures to continue conducting business while
researching longer-term solutions and improvements; and
WHEREAS, staff has found an exceptional online software application that guides users through
the development process, providing information and application resources, and the ability to submit plans,
permits and business license applications in a user friendly format; and
WHEREAS, the American Rescue Plan provides funding to pay for pandemic-related services
and products for which this software application qualifies, and
WHEREAS, due to the urgency of implementing this service as speedily as possible, staff is
requesting Council approve the software contract and funding request this fiscal year; and
WHEREAS, it is necessary to make adjustments to the Fiscal Year 2020/21 budget as follows:
Account Description Account# Amount
To appropriate an expenditure for the purchase and implementation of the Camino Technologies
Planning and Development software:
111.8903.61278 $30,000
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga
hereby approves the above budget adjustment to the Fiscal Year 2020/21 Operating & Capital
Improvement Budget.
BE IT FURTHER RESOLVED, the above and foregoing resolution was PASSED AND
ADOPTED at a regular meeting of the Saratoga City Council held on May 5, 2021 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Yan Zhao, Mayor
Attest:
Debbie Bretschneider, City Clerk
Attachment A
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88
April 2021
Software Services Agreement for
City of Saratoga, CA
Permit Guide / Application Portal ± Annual Subscription
([KLELW$
89
Camino 1
Summary of Solution
Camino is a web-based solution that improves the customer experience for permit and licensing processes. Camino
software is provided through a SaaS (software as a service) model, meaning that all functionality is accessed
through the internet on a subscription basis. For this proposal Camino is excited to offer the solutions outlined
below.
Camino Guide Summary:
The CaPiQR GXide iV aQ iQfRUPaWiRQal UeVRXUce WhaW VeUYeV aV a YiUWXal µSUe-PeeWiQg¶ fRU aQ\bRd\ WhiQkiQg abRXW
starting a building project. After first answering a series of questions, applicants will automatically receive a
customized guide containing their timeline, fees, and process for successful project completion. The Guide will also
integrate with existing GIS systems to let the applicant know whether their project is allowed in the selected zone.
By making every applicant an expert, the Camino Guide reduces errors, frees up valuable staff resources, and flags
any potential issues at the outset to ensure a faster process.
Features:
ł An online portal where residents can create an account and view current and historical projects.
ł An intelligent Guide that will ask applications a series of questions about their building project and informs
them where it is allowed and whether a permit or license is required.
ł If a permit or license is required, the Guide will generate a customized checklist of steps for the applicant to
follow, complete with detailed instructions.
ł The Guide will automatically check for zoning compliance and any other geographic factors.
ł The agency will be able to track all Guides that are created.
ł The agency will be able to configure and manage the Guide through an entirely self-service administrative
panel.
Enhancements for Application Intake:
This solution adds functionality to the Camino Guide allowing it to accept digital applications, documents and fees.
All features integrate seamlessly with the Camino Guide, taking the applicant from the research phase all the way
through starting their project.
x Applicants will be able to upload files directly to a required step in the Camino Guide.
x Applicants will be able to fill out digital forms when required by a given step. The values collected from
these forms can be exported for each Submission.
x Fees can be calculated and paid directly through the application. A processing fee of 3% is applied to all
credit card transactions.
x Review staff will be able to send an application back for changes, or mark applications as approved,
rejected, or closed.
x Applicants and review staff will be able to communicate directly through Camino with our integrated
messaging feature.
90
Camino 2
Implementation and Support Package (select one of the two
options below)
[x] Self-Service Implementation
For this project the customer will be configuring their own Camino implementation with guidance from the Camino
WeaP. CaPiQR¶V VRfWZaUe iV deVigQed WR SXW Whe cXVWRPeU iQ cRQWURl aQd ageQc\ VWaff Zill haYe full access to all system
configuration options including:
x Project Type Editor
x Guide Step Editor
x Rule Builder
x GIS Rule Configuration
x Rich Text and Content Editing
The self-service implementation includes:
x 5 hours of training for agency staff.
x 1 hour per week of email, zoom or phone support for the first three months of the agreement.
x 1 hour per month of support after the first three months.
x Camino assistance with GIS layer import.
x Access to Camino knowledge base.
[ ] Camino-led Implementation
For this project Camino will be leading and performing system configuration work during the implementation. A
Camino Implementation Manager will suggest the best service package based on the project scope (for details see
Appendix B ± Pricing). The service package will include:
x Everything covered under the Self-Service option above.
x A fixed number of hours that can be used in year one for system configuration, staff training and process
mapping.
x Additional hours in future years to add system functionality, make changes to the existing configuration and
train new staff.
At the start of the implementation Camino will create a project plan with milestones. If the number of service hours
exceeds the selected package the customer can upgrade their package or purchase additional hours.
91
Camino 3
Customer Service
Service Level Agreement
Camino offers a web-based platform that is accessible from all major desktop web browsers. Camino currently
works on browser versions that are still supported by their parent company. As of the date of this proposal, the list
of supported browsers (on Windows, OSX, or Linux) is:
ł Chrome
ł Firefox
ł Internet Explorer / Edge
ł Safari
Camino guarantees 24/7 access with 99.9% uptime. Camino will occasionally bring the service down for scheduled
maintenance and updates, but never during the hours of 8am-6pm, M ± F.
In the event that Camino ceases operations during the term of this agreement, Camino will (upon request) provide
the customer with a full export of all customer data within 30 days of the request.
Technical Support Services
Camino will assign an Account Manager to assist with onboarding, training, and ongoing support. This
representative will be the customer primary point of contact for all requests and issues.
In order to initiate a technical support ticket, the customer must email support@camino.ai, or their designated
Account Manager or Implementation Manager. Requests made through other channels are not subject to this SLA.
Camino uses the following incident response levels:
x Level 1: Mission critical error that prevents users from accessing or using the system.
x Level 2: A critical feature is broken.
x Level 3: All other bugs or errors.
When an issue is reported, Camino will respond within 4 hours during the hours of 8am-9pm PST, M-F. The
response will include a support ticket and estimated time to fix. Camino targets the following fix times:
x Level 1 incident: 24 hours.
x Level 2 incident: 48 hours.
x Level 3 incident: 5 days.
Training
Camino will provide one kick-off meeting at the beginning of the implementation and up to five hours of staff
training. The customer can include whichever staff they choose in this training session.
Camino will run a monthly, two-hour virtual training webinar that all customers can access for free. Training content
will be determined by the needs of the participants.
92
Camino 4
CAMINO INC. SOFTWARE SERVICES AGREEMENT
Organization Contact Billing Contact (If Different)
Customer Name: City of Saratoga, CA
Contact Name: Keith Weiner
Address: 13777 Fruitvale Avenue
Saratoga, CA 95070
Telephone: 408-868-1228
Email: kweiner@saratoga.ca.us
Effective Date: 5/1/2021
Scope of Agreement: As outlined in the above proposal.
Fees: Starting at the effective date, the customer will pay an annual fee as outlined in Appendix B for the services outlined in
the Summary.
Welcome to Camino! Thanks for using our software. This Software Agreement ("Agreement") is entered between Camino,
Inc., with its principal place of business at 122 2nd Ave, San Mateo, CA Suite 200, 94401 ("Camino"}, and you, the entity
identified above ("Customer"}, as of the Effective Date. This Agreement includes and incorporates the Camino Terms and
Conditions attached as Appendix A. By signing this Agreement, Customer acknowledges that it has reviewed, and agrees to be
legally bound by, the Camino Terms and Conditions.
Customer
Camino
Signature:
Printed Name: Nate Levine
Title: CSO
Date:
93
Camino 5
Appendix A
Camino Terms and Conditions
1. SOFTWARE SERVICES
1.1 Subject to the terms and conditions of these Camino Terms and Conditions (the "Agreement"), Camino will use
commercially reasonable efforts to perform the software services (the "Software Services") identified in the applicable
Software Agreement entered into by Camino and Customer ("Software Agreement").
1.2 Customer understands that Camino's performance depends on Customer timely providing Camino with relevant
data, feedback and configuration assistance. Any dates or time periods relevant to Camino's Performance will be
extended appropriately and equitably to reflect any delays caused by Customer's failure to timely deliver any such
materials. Camino shall not be liable for any delays in performance under this Agreement resulting from Customer's
failure to meet these obligations.
2. RESTRICTIONS AND RESPONSIBILITIES
2.1 This is a contract for access to the Software Services and Customer agrees not to, directly or indirectly: reverse
engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying
structure, ideas, or algorithms of the Software Services, documentation or data related to the Software Services, except
to the extent such a restriction is limited by applicable law; modify, translate, or create derivative works based on the
Software Services; or copy, rent, lease, distribute, assign, sell, or otherwise commercially exploit, transfer, or encumber
rights to the Software Services; or remove any proprietary notices.
2.2 Customer will use the Software Services only in compliance with all applicable laws and regulations (including, but
not limited to, any export restrictions).
2.3 Customer shall be responsible for obtaining and maintaining any equipment and other services needed to connect
to, access or otherwise use the Software Services and Customer shall also be responsible for (a) ensuring that such
equipment is compatible with the Software Services, (b) maintaining the security of such equipment, user accounts,
passwords and files, and (c) for all uses of Customer user accounts with or without Customer's knowledge or consent.
3. OWNERSHIP. Camino retains all right, title, and interest in the Software Services and all intellectual property rights
(including all past, present, and future rights associated with works of authorship, including exclusive exploitation rights,
copyrights, and moral rights, trademark and trade name rights and similar rights, trade secret rights, patent rights, and
any other proprietary rights in intellectual property of every kind and nature) therein.
3.1 Camino warrants that Camino is the owner of the Software Services and has the right to license it to third parties.
Camino will defend, at its expense, any action brought against Customer based on a claim that the Software Services
infringe upon a United States or Canadian patent, copyright, trade secret, or other proprietary right of a third party.
Camino agrees to indemnify Customer and hold Customer harmless against damages and costs, including attorney's
fees, finally awarded against Customer in such actions.
4. CONFIDENTIALITY. Each party (the "Receiving Party") agrees not to disclose (except as permitted herein) any
Confidential Information of the other party (the "Disclosing Party") without the Disclosing Party's prior written consent.
"Confidential Information" means all confidential business, technical, and financial information of the disclosing party
that is marked as "Confidential" or an equivalent designation or that should reasonably be understood to be confidential
given the nature of the information and/or the circumstances surrounding the disclosure (including the terms of the
applicable Software Agreement). Camino's Confidential Information includes, without limitation, the software
underlying the Software Services and all documentation relating to the Software Services. "Confidential Information"
does not include "Public Data," which is data that the Customer has previously released or would be required to release
94
Camino 6
according to applicable federal, state, or local public records laws. The Receiving Party agrees: (i) to use and disclose the
Confidential Information only in connection with this Agreement; and (ii) to protect such Confidential Information using
the measures that Receiving Party employs with respect to its own Confidential Information of a similar nature, but in no
event with less than reasonable care. Notwithstanding the foregoing, Confidential Information does not include
information that: (i) has become publicly known through no breach by the receiving party; (ii) was rightfully received by
the receiving party from a third party without restriction on use or disclosure; or (iii) is independently developed by the
Receiving Party without access to such Confidential Information. Notwithstanding the above, the Receiving Party may
disclose Confidential Information to the extent required by law or court order, provided that prior written notice of such
required disclosure and an opportunity to oppose or limit disclosure is given to the Disclosing Party.
5. PAYMENT OF FEES. The fees for the Software Services ("Fees") are set forth in the applicable Software Agreement.
Customer shall pay all Fees within thirty (30) days after the date of Camino's invoice (which Camino typically sends 45
days after the Effective Date).
6. TERM & TERMINATION
6.1 Subject to compliance with all terms and conditions, the first term of this Agreement shall be from the Effective Date
and shall continue for a period of twelve (12) months. At the termination of the initial term, the Customer will have the
option to renew this agreement for subsequent twelve (12) month terms. The customer will be billed on an annual basis
for each twelve (12) month term, and either party may terminate this Agreement at the end of the applicable term,
without penalty, with thirty (30) days prior written notice. If either party materially breaches any term of this Agreement
and fails to cure such breach within thirty (30) days after notice by the non-breaching party (ten (10) days in the case of
non-payment), the non-breaching party may terminate this Agreement immediately upon notice. Customer reserves
the right to cancel and terminate this agreement, without cause, upon thirty (30) days written notice to Camino.
6.2 Upon termination, Customer will pay in full for all Software Services performed up to and including the effective date
of termination. Upon any termination of this Agreement: (a) all Software Services provided to Customer hereunder shall
immediately terminate; and (b) each party shall return to the other party or, at the other party's option, destroy all
Confidential Information of the other party in its possession.
6.3 All sections of this Agreement which by their nature should survive termination will survive termination, including,
without limitation, accrued rights to payment, confidentiality obligations, warranty disclaimers, and limitations of
liability.
7. WARRANTY AND DISCLAIMER
7.1 Camino represents and warrants that: (i) it has all right and authority necessary to enter into and perform this
Agreement; and (ii) the Software Services shall be performed in a professional and workmanlike manner in accordance
with generally prevailing industry standards.
7.2 Customer represents and warrants that (i) it has all right and authority necessary to enter into and perform this
Agreement; (ii) it owns all right, title, and interest in and to all data provided to Camino for use in and in connection with
this Agreement, or possesses the necessary authorization thereto; and (iii) Camino's use of such materials in connection
with the Software Services" will not violate the rights of any third party.
7.3 CAMINO DOES NOT WARRANT THAT THE SOFTWARE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR
DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SOFTWARE SERVICES.
EXCEPT AS SET FORTH IN THIS SECTION 8, THE SOFTWARE SERVICES ARE PROVIDED "AS IS" AND CAMINO DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
95
Camino 7
8. LIMITATION OF LIABILITY. NEITHER PARTY, NOR ITS SUPPLIERS, OFFICERS, AFFILIATES, REPRESENTATIVES,
CONTRACTORS AND EMPLOYEES, SHALL BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS
AGREEMENT OR RELATED TERMS AND CONDITIONS UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER
THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OF DATA OR COST OF PROCUREMENT
OF SUBSTITUTE GOODS OR SERVICES OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, INCIDENTAL,
SPECIAL, OR CONSEQUENTIAL DAMAGES; OR (C) FOR ANY MATTER BEYOND SUCH PARTY'S REASONABLE CONTROL,
EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
9. MISCELLANEOUS. Capitalized terms not otherwise defined in these Terms and Conditions have the meaning set forth
in the applicable Software Agreement. Neither party shall be held responsible or liable for any losses arising out of any
delay or failure in performance of any part of this Agreement, other than payment obligations, due to any act of god, act
of governmental authority, or due to war, riot, labor difficulty, failure of performance by any third-party service, utilities,
or equipment provider, or any other cause beyond the reasonable control of the party delayed or prevented from
performing͘ Wiƚh ƚhe CƵƐƚomer͛Ɛ approǀal͕ Camino Ɛhall haǀe ƚhe righƚ ƚo ƵƐe and diƐplaLJ CƵƐƚomerΖƐ logoƐ and ƚrade
names for marketing and promotional purposes in connection with Camino's website and marketing materials, subject
to Customer's trademark usage guidelines (as provided to Camino). If any provision of this Agreement is found to be
unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this
Agreement will otherwise remain in full force and effect and enforceable. This Agreement is not assignable or
transferable by either party without the other party's prior written consent, provided however that either party may
assign this Agreement to a successor to all or substantially all of its business or assets. This Agreement (including the
Software Agreement) is the complete and exclusive statement of the mutual understanding of the parties and
supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to
the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties.
No agency, partnership, joint venture, or employment is created as a result of this Agreement and neither party has any
authority of any kind to bind the other party in any respect. In any action or proceeding to enforce rights under this
Agreement, the prevailing party will be entitled to recover costs and attorneys' fees. All notices under this Agreement
will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is
electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by
recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested.
This Agreement shall be governed by the laws of California without regard to its conflict of laws provisions. Jurisdiction
of any litigation arising from the Agreement will be in San Mateo County.
10. INSURANCE. Camino shall maintain for the duration of this Agreement the following insurance:
10.1 Commercial General Liability including coverage for premises, products -and completed operations, independent
contractors/vendors, personal injury and contractual obligations with combined single limits of coverage of at least
$1,000,000 per occurrence.
10.2 Automobile Liability, including owned, non-owned and hired vehicles, with at least the following limits of liability:
(1) Primary Bodily Injury with limits of at least $500,000 per person, $1,000,000 per occurrence; and (2) Primary
Property Damage of at least $250,000 per occurrence; or (3) Combined single limits of $1,000,000 per occurrence.
10.3 Workers Compensation on a state-approved policy form providing statutory benefits as required by law with
employer's liability limits no less than $1,000,000 per accident or disease.
96
Camino 8
Appendix B
Fees
Please note:
First term is a special 13 month term that will be priced at the normal 12 month rate .
Item Includes Cost
Camino Guide
(information only)
ł Unlimited external users
ł Includes unlimited building
project types
ł Features outlined in
proposal
$20,000/ year
Application Intake ł Adds digital form and data
collection functionality
ł Adds document upload
ł Adds fee processing
$10,000 / year
97
SARATOGA CITY COUNCIL
MEETING DATE: May 5, 2021
DEPARTMENT: Community Development Department
PREPARED BY: Debbie Pedro, Community Development Director
SUBJECT: Saratoga Business Renewal and Beautification Grant Program
RECOMMENDED ACTION:
1) Approve the Saratoga Business Renewal and Beautification Grant Program in Attachment A;
2) Allocate $15,000 from the Council Discretionary Account to fund the program; and
3) Add the Saratoga Business Renewal and Beautification Grant Program to the FY2020-21
Capital Improvement Program.
BACKGROUND:
On March 17, 2021, the City Council voted to fund the Saratoga Business Renewal and
Beautification Grant Program with Council Discretionary Funds and created an ad hoc
committee of Mayor Zhao and Councilmember Fitzsimmons to explore program details with
staff, businesses, and the Chamber of Commerce.
DISCUSSION:
The ad hoc committee solicited input from the Chamber of Commerce and several local
businesses before selecting the following key criteria to establish grant eligibility.
1. Grants are awarded on a first-come-first-serve basis.
2. Grantees can receive reimbursement of 50% of the project cost, up to a maximum of $1,500.
3. Applications must meet the stated goals of the program to be considered for approval.
4. Project must be completed within 1 year of project approval.
5. Grants shall be distributed for projects in commercially zoned districts throughout the City.
6. Property owners and/or businesses may apply for the Business Renewal and Beautification
Program funds once a year, as long as program requirements are met.
Eligible projects are those that make exterior improvements that are visible from public streets or
from City owned parking lots and can include items such as new paint, signage, awnings, or
landscaping. A detailed program description is included in Attachment A.
FISCAL STATEMENT:
Adequate funding is available for this program in the Council Discretionary Account.
ATTACHMENT:
Attachment A – Saratoga Business Renewal and Beautification Grant Program
98
1
The COVID-19 pandemic has adversely affected many commercial businesses in
Saratoga. As the COVID vaccine is reaching the public, it is expected that more people
will be out and carrying on their lives as they did prior to the COVID pandemic. On May
5, 2021, the City Council approved $15,000 in funding to support the renewal and
beautification of Saratoga businesses with aesthetic enhancements. The goals of the
Business Renewal and Beautification Program is to 1) Attract people to Saratoga to do
business, 2) Make the businesses more enticing to customers, and 3) Retain existing
businesses.
Program Criteria:
1. Grants are awarded on a first-come-first-serve basis.
2. Grantees can receive reimbursement of 50% of the project cost, up to a maximum
of $1,500.
3. Applications must meet the stated goals of the program to be considered for
approval.
4. Project must be completed within 1 year of project approval.
5. Grants shall be distributed for projects in commercially zoned districts throughout
the City.
6. Property owners and/or businesses may apply for the Business Renewal and
Beautification Program funds once a year, as long as program requirements are
met.
Examples of Eligible Projects:
1. Exterior improvements that will bring improved area into compliance with City
building codes, ordinances, statutes, or requirements, or those of any other
entities that may have jurisdiction over the property (i.e. ADA improvements, fire
safety codes).
2. Painting, signage, lighting, and exterior repair projects.
3. Addition or repair of shade feature to storefronts, such as awnings.
4. Landscaping that beautifies the streetscape such as installation of exterior planter
boxes.
Business Renewal
and Beautification
Program
99
2
5. New signage or improvements to existing signage.
6. Façade improvements that enhance design elements and architectural features,
such as inlaid tile, brick, decorative cornices, enhanced doors or window
treatments.
Types of Projects Not Eligible for the Grant:
1. Improvements that are not visible from public streets or from City owned parking
lots.
2. Upgrades to electrical, gas, heating, or telecommunications.
3. Interior improvements, including carpet, tile, and partition walls.
4. Improvements to residential buildings.
Application Requirements:
1. To be eligible for grant funding, an applicant must submit a completed application,
including project goals, estimates, timeline, and photographs to the Community
Development Department.
2. Applicants other than the property owner (i.e. current business owner) must
provide property owner consent.
3. Applicants must have a valid Saratoga business license.
4. Grantees shall be responsible for obtaining the applicable permit approvals from
the City.
5. A Grant Program Agreement shall be executed between the City of Saratoga,
business owner, and property owner—if applicant is separate from the property
owner.
6. To receive reimbursements after project completion, grantee must submit original
receipts for all project expenses (labor, materials, etc.), and photos of the finished
project.
For more information, please contact:
Debbie Pedro, Community Development Director
Community Development Department
13777 Fruitvale Avenue
Saratoga, CA 95070
Phone: (408) 868-1231
Email: dpedro@saratoga.ca.us
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Please complete all fields in the application, attach photos of the proposed project location and
additional sheets as needed, and submit the application to dpedro@saratoga.ca.us or via mail to:
City of Saratoga
Business Renewal and Beautification Program
13777 Fruitvale Avenue, Saratoga, CA 95070
Name of Business:
Project Address:
Name of Applicant:
Address:
Telephone: Email:
Business License #: Expiration Date:
Are you the property owner? Yes No
If your answer is no, please fill out property owner information below.
Property owner must sign application to indicate approval of proposed project.
Property Owner:
Address:
Telephone: Email:
Project Description:
Estimated Project Cost: Grant Amount Request:
Estimated Project Completion Date:
Describe how the project meets the stated goals of the program:
Business Renewal
and Beautification
Program A p p l i c a t i o n
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Grants are awarded on a first-come-first-serve basis. Projects must be completed within 1 year of
project approval. Grantees can receive reimbursement of 50% of the project cost, up to a maximum
of $1,500.
To receive reimbursements after project completion, program participa nt must submit original
receipts for all project expenses (labor, materials, etc.), and photos of finished project.
Date:
Applicant Signature
Date:
Property Owner Signature (if separate from Applicant)
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City of Saratoga
Memorandum
To: Mayor Zhao & Members of the Saratoga City Council
From: Debbie Pedro, Community Development Director
Date: May 5, 2021
Subject: Change to Business Renewal and Beautification Program description
Following publication of the agenda packet, staff received a request to amend the Business Renewal
and Beautification Program description for the Regular City Council Meeting on May 5, 2021. The
program description has been updated to clarify that grant applications will be reviewed by staff.
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The COVID-19 pandemic has adversely affected many commercial businesses in
Saratoga. As the COVID vaccine is reaching the public, it is expected that more people
will be out and carrying on their lives as they did prior to the COVID pandemic. On May
5, 2021, the City Council approved $15,000 in funding to support the renewal and
beautification of Saratoga businesses with aesthetic enhancements. The goals of the
Business Renewal and Beautification Program are to 1) Attract people to Saratoga to do
business, 2) Make the businesses more enticing to customers, and 3) Retain existing
businesses.
Program Criteria:
1. Grants are awarded on a first-come-first-serve basis.
2. Grantees can receive reimbursement of 50% of the project cost, up to a maximum
of $1,500.
3. Applications must meet the stated goals of the program to be considered for
approval.
4. Project must be completed within 1 year of project approval.
5. Grants shall be distributed for projects in commercially zoned districts throughout
the City.
6. Property owners and/or businesses may apply for the Business Renewal and
Beautification Program funds once a year, as long as program requirements are
met.
Examples of Eligible Projects:
1. Exterior improvements that will bring improved area into compliance with City
building codes, ordinances, statutes, or requirements, or those of any other
entities that may have jurisdiction over the property (i.e. ADA improvements, fire
safety codes).
2. Painting, signage, lighting, and exterior repair projects.
3. Addition or repair of shade feature to storefronts, such as awnings.
4. Landscaping that beautifies the streetscape such as installation of exterior planter
boxes.
Business Renewal
and Beautification
Program
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5. New signage or improvements to existing signage.
6. Façade improvements that enhance design elements and architectural features,
such as inlaid tile, brick, decorative cornices, enhanced doors or window
treatments.
Types of Projects Not Eligible for the Grant:
1. Improvements that are not visible from public streets or from City owned parking
lots.
2. Upgrades to electrical, gas, heating, or telecommunications.
3. Interior improvements, including carpet, tile, and partition walls.
4. Improvements to residential buildings.
Application Requirements:
1. To be eligible for grant funding, an applicant must submit a completed application,
including project goals, estimates, timeline, and photographs to the Community
Development Department.
2. Applicants other than the property owner (i.e. current business owner) must
provide property owner consent.
3. Applicants must have a valid Saratoga busi ness license.
4. Grantees shall be responsible for obtaining the applicable permit approvals from
the City.
5. Applications will be reviewed for program eligibility and funding by the
Community Development Director.
6. A Grant Program Agreement shall be executed between the City of Saratoga, business
owner, and property owner—if applicant is separate from the property owner.
7. To receive reimbursements after project completion, grantee must submit original
receipts for all project expenses (labor, materials, etc.), and photos of the finished
project.
For more information, please contact:
Debbie Pedro, Community Development Director
Community Development Department
13777 Fruitvale Avenue
Saratoga, CA 95070
Phone: (408) 868-1231
Email: dpedro@saratoga.ca.us
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