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Home My WebLink About05-19-2021 Council agenda packetSaratoga City Council Agenda – May 19, 2021 – Page 1 of 7 SARATOGA CITY COUNCIL REGULAR MEETING MAY 19, 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/89069957624 or App (Webinar ID 890 6995 7624) 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 (890 6995 7624), 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/89814099213 or App (Webinar ID 898 1409 9213 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 (898 1409 9213), 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 (898 1409 9213) 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 (898 1409 9213), 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 19, 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/89069957624 or App (Webinar ID 890 6995 7624) 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 (890 6995 7624), and pressing *9 to raise their hand to speak on an agenda item when directed by the Mayor. Joint Meeting with Supervisor Simitian 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/89814099213 or App (Webinar ID 898 1409 9213 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 (898 1409 9213), 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 (898 1409 9213) 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 (898 1409 9213), 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 May 13, 2021. REPORT FROM JOINT MEETING Saratoga City Council Agenda – May 19, 2021 – Page 3 of 7 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 Youth Commissioners Recommended Action: Approve the resolution appointing five members to the Youth Commission and direct the City Clerk to administer the Oath of Office. 1. CONSENT CALENDAR The Consent Calendar contains routine items of business. Items in this section will be acted on in one motion, unless removed by the Mayor or a Council Member. Any member of the public may speak on an item on the Consent Calendar at this time, or request that the Mayor remove an item from the Consent Calendar for discussion. Public Speakers are limited to three (3) minutes. 1.1. City Council Meeting Minutes Recommended Action: Approve the City Council minutes for the Special City Council Meeting on April 27, 2021 and May 4, 2021 and the Regular City Council Meeting on May 5, 2021. 1.2. Review of Accounts Payable Check Registers Recommended Action: Review and accept check registers for the following accounts payable payment cycles: 05/05/21 Period 11; 05/12/21 Period 11: 1.3. Pierce Road Emergency Repairs - Budget Amendment Recommended Action: Authorize the City Manager to use Hillside Reserve funds in the amount of $400,000 for Repairs to Pierce Road. 1.4. Transportation Development Act (TDA) Article 3 Application for the Saratoga Avenue Walkway Project Recommended Action: Adopt resolution supporting the Metropolitan Transportation Commission’s Transportation Development Act Article 3 Pedestrian/Bicycle Grant Application for the Saratoga Avenue Walkway Project. 1.5. Silicon Valley Clean Energy (SVCE) Community Resilience Program Grant Recommended Action: Authorize the City Manager to sign the Community Resilience Program- Capital Projects Grant Agreement in the amount of $139,444 for Fiscal Year 2021/22. Saratoga City Council Agenda – May 19, 2021 – Page 4 of 7 1.6. Budget Adjustment and Contract Amendment for Building Inspection Services with 4Leaf, Inc. Recommended Action: 1. Adopt the attached resolution approving an adjustment to the FY 2020-2021 Operating & Capital Improvement Budget for Building Inspection Services; AND 2. Authorize the City Manager to execute a contract amendment for as-needed building inspection services with 4Leaf, Inc. for a not-to-exceed amount of $117,000. 1.7. Budget Adjustment – Community Development Department Credit Card Fees Recommended Action: Adopt the resolution approving an adjustment to the FY 2020-21 Operating Budget for Community Development Department (Building and Planning) Credit Card Fees. 1.8. Quito Road Cost Share Agreement with the City of San Jose Recommended Action: Approve the Quito Road Cost Share Agreement with the City of San Jose. 1.9. California Per Capita Grant Authorizing Resolution Recommended Action: Approve the Per Capita Grant Authorizing Resolution. 1.10. Budget Adjustment - Planning Consulting Services Recommended Action: Adopt the resolution approving an adjustment to the FY 2020-2021 Operating Budget for Planning Consulting Services. 1.11. Amendment to Hillside Residential Zoning Designation to Make Wineries Subject to Additional Conditional Use Permit Requirements Recommended Action: Waive the second reading and adopt the attached ordinance introduced at the May 5, 2021 City Council meeting. 2. PUBLIC HEARING None 3. GENERAL BUSINESS 3.1. Update to Code Compliance Policy Recommended Action: Adopt the resolution updating the City’s Code Compliance Policy to require temporary compliance plans for code violations that require discretionary approval to correct a violation. 3.2. FY 2021/22 Budget Preview Recommended Action: Council to receive staff report on the draft FY 2021/22 Proposed Operating Budget, request clarification as needed, and provide consensus direction if changes are recommended. Saratoga City Council Agenda – May 19, 2021 – Page 5 of 7 3.3. Housing Element Engagement Update Recommended Action: Receive report and provide staff with feedback on outreach and engagement strategy. 3.4. Public Art Committee Voting Membership Recommended Action: Direct staff accordingly. 3.5. Public Art Policy Recommended Action: Consider the recommendations of the Public Art Committee and Finance Committee for amending the Public Art Policy and adopt a resolution implementing the selected recommendation or an alternative. 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 Saratoga City Council Agenda – May 19, 2021 – Page 6 of 7 Council Member Mary-Lynne Bernald Hakone Foundation Board & Executive Committee Santa Clara/Santa Cruz Airport/Community Roundtable Saratoga Public Art Committee Saratoga Historical Foundation CITY COUNCIL ITEMS COUNCIL COMMUNICATIONS CITY MANAGER'S REPORT ADJOURNMENT CERTIFICATE OF POSTING OF THE AGENDA, DISTRIBUTION OF THE AGENDA PACKET, COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT I, Debbie Bretschneider, CMC, City Clerk, for the City of Saratoga, declare that the foregoing agenda for the meeting of the City Council was posted and available for review on May 13, 2021 at the City of Saratoga, 13777 Fruitvale Avenue, Saratoga, California and on the City's website at www.saratoga.ca.us. Signed this 13th day of May 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] 05/19 6:00 p.m. Joint Meeting with Board of Supervisor Joe Simitian | 7:00 p.m. Regular Session 06/02 5:00 p.m. Commission Interviews | 6:00 p.m. Joint Meeting with Saratoga Neighborhoods & Neighborhood Watch, Joan Pisani Community Center, Multipurpose Room | 7:00 p.m. Regular Session 06/16 6:00 p.m. Joint Meeting with Santa Clara County Fire | 7:00 p.m. Regular Session CITY OF SARATOGA CITY COUNCIL MEETING CALENDAR 2021 Saratoga City Council Agenda – May 19, 2021 – Page 7 of 7 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 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 SANTA CLARA COUNTY SUPERVISOR JOE SIMITIAN May 19, 2021 6:00 p.m. –6:45 p.m. Virtual Meeting General Public Zoom Access: https://us02web.zoom.us/j/89069957624 Webinar ID: 890 6995 7624 Or Dial:1.408.638.0968 or 1.669.900.6833 and enter Webinar ID (City Council, Supervisor Simitian, and staff will receive separate access information) Discussion Topics Introductions Updates Other Remarks & Wrap Up 6 SARATOGA CITY COUNCIL MEETING DATE:May 19, 2021 DEPARTMENT:City Manager’s Department PREPARED BY:Debbie Bretschneider, CMC, City Clerk SUBJECT:Appointment of Youth Commissioners RECOMMENDED ACTION: Approve the resolution appointing five members to the Youth Commission and direct the City Clerk to administer the Oath of Office. BACKGROUND: A total of 5 Youth Commissioners will end their terms on June 30, 2021. As a result, the City started recruitment for the vacancies in January 2021. The City received 24 applications before the deadline on April 21, 2021 and the City Council conducted interviews on May 5, 2021. The City Council has selected the following applicants to be appointed to the Youth Commissions for two-year terms ending June 30, 2023 (terms of appointees end upon graduation from high school, if graduation occurs before June 30, 2023): The City Council selected the following applicants to serve on the Commission: First Name Last Name School in Sept. 2021 Grade in Sept. 2021 Nicole Hao Redwood Middle School 8 Saket Kelkar Lynbrook High School 10 Ashly Henry Saratoga High School 10 Alex Xia St. Francis High School 10 Aniket Singh The Harker School 11 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 MEMBERS TO THE SARATOGA YOUTH COMMISSION WHEREAS, five vacancies were created on the Saratoga Youth Commission resulting from the expired terms of Michelle Liu, Nivi Madhan, Nicita Raamkumar, Carolyn Wang, and Alex Zhai; and WHEREAS, Commissioners appointed after April 6, 2011 may not serve consecutive terms on the Youth Commission, therefore there were no incumbent Youth Commissioners eligible for reappointment; and WHEREAS, the City publicized the vacancies, accepted applications until 5:00 p.m. on April 21, 2021 and the City Council conducted interviews on May 5, 2021; NOW, THEREFORE,the City Council of the City of Saratoga hereby resolves that the following individuals were appointed to the Saratoga Youth Commission for 2-year terms beginning July 1, 2021 and ending June 30, 2023 or upon high school graduation, if graduation occurs before June 30, 2023: Name Commission Term Nicole Hao Youth July 1, 2021 – June 30, 2023 Saket Kelkar Youth July 1, 2021 – June 30, 2023 Aniket Singh Youth July 1, 2021 – June 30, 2023 Ashly Henry Youth July 1, 2021 – June 30, 2023 Alex Xia Youth July 1, 2021 – June 30, 2023 The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 19 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, Nicole Hao, 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. Nicole Hao Member Youth Commission Subscribed and sworn to before me on this 19th day of May 2021. Debbie Bretschneider, CMC City Clerk 9 STATE OF CALIFORNIA COUNTY OF SANTA CLARA I, Saket Kelkar, 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. Saket Kelkar, Member Youth Commission Subscribed and sworn to before me on this 19 th day of May 2021. Debbie Bretschneider, CMC City Clerk 10 STATE OF CALIFORNIA COUNTY OF SANTA CLARA I, Aniket Singh, 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. Aniket Singh, Member Youth Commission Subscribed and sworn to before me on this 19th day of May 2021. Debbie Bretschneider, CMC City Clerk 11 STATE OF CALIFORNIA COUNTY OF SANTA CLARA I, Ashley Henry, 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. Ashly Henry, Member Youth Commission Subscribed and sworn to before me on this 19th day of May 2021. Debbie Bretschneider, CMC City Clerk 12 STATE OF CALIFORNIA COUNTY OF SANTA CLARA I, Alex Xia, 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. Alex Xia, Member Youth Commission Subscribed and sworn to before me on this 19th day of May 2021. Debbie Bretschneider, CMC City Clerk 13 SARATOGA CITY COUNCIL MEETING DATE:May 19, 2021 DEPARTMENT:City Manager’s Department PREPARED BY:Debbie Bretschneider, CMC, City Clerk SUBJECT:City Council Meeting Minutes RECOMMENDED ACTION: Approve the City Council minutes for the Special City Council Meeting on April 27, 2021 and May 4, 2021 and the Regular City Council Meeting on May 5,2021. BACKGROUND: Draft City Council minutes for each Council Meeting are taken to the City Council to be reviewed for accuracy and approval. Following City Council approval, minutes are retained for legislative history and posted on the City of Saratoga website. The draft minutes are attached to this report for Council review and approval. FOLLOW UP ACTION: Minutes will be retained for legislative history and posted on the City of Saratoga website. ATTACHMENTS: Attachment A –Minutes for the Special City Council Meeting on April 27, 2021 Attachment B –Minutes for the Special City Council Meeting on May 4,2021 Attachment C –Minutes for the Regular City Council Meeting on May 5, 2021 14 Saratoga City Council Minutes – April 27, 2021 – Page 1 of 5 MINUTES WEDNESDAY, APRIL 27, 2021 SARATOGA CITY COUNCIL SPECIAL MEETING CALL TO ORDER Mayor Zhao called the virtual Special Meeting to order at 6:01 p.m. via teleconferencing through Zoom. Prior to Roll Call, the Mayor and City Clerk explained that the City Council meeting was conducted pursuant to provisions of the Brown Act and a recent Executive Order issued by the Governor to facilitate teleconferencing to reduce the risk of COVID-19 transmission at public meetings. Ordinarily the Brown Act sets strict rules for teleconferencing. The Governor’s Executive Order has suspended those rules. The Executive Order does require that public agencies continue to notice meetings in advance and provide members of the public an opportunity to observe the meeting and offer public comment. The City Council met all of the applicable notice requirements and the public is welcome to participate in this meeting. Information on how the public can observe the meeting and provide public comment was also shared. Additionally, the Mayor explained that votes would be taken through roll call. ROLL CALL PRESENT:Mayor Yan Zhao, Vice Mayor Tina Walia, Council Members Rishi Kumar, Kookie Fitzsimmons, Mary-Lynne Bernald. (All Council Members appearing via teleconference) ABSENT:None ALSO PRESENT:James Lindsay, City Manager Richard Taylor, City Attorney Crystal Bothelio, Assistant City Manager Debbie Bretschneider, City Clerk Debbie Pedro, Community Development Director John Cherbone, Public Works Director Mary Furey, Finance & Administrative Services Director Dennis Jaw, Finance Manager Kayla Nakamoto, Administrative Analyst Gina Scott, Administrative Analyst (All staff members appearing via teleconference) City Clerk Debbie Bretschneider confirmed all City Council members could hear the meeting proceedings and no doubts were expressed regarding the identities of the individuals representing themselves as City Council Members. REPORT ON POSTING THE AGENDA City Clerk Debbie Bretschneider reported that the agenda for this meeting was properly posted on April 23, 2021. 15 Saratoga City Council Minutes – April 27, 2021 – Page 2 of 5 ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS None AGENDA ITEMS: Beauchamps Playground Replacement Project Recommended Action: Review report and direct staff to: 1. Add the Beauchamps Playground Replacement project to the Fiscal Year 2021/22 Capital Improvement Plan in the amount of $246,051. 2. Apply for the California Drought, Water, Parks, Climate, Coastal Protection and Outdoor Access for All Act of 2018 Per Capita Grant funding of $196,841. 3. Accept and use the following funds to reach the $49,210 local match requirement: Total funds raised by the Youth Commission for an Inclusive Swing by June 30. 2021 (estimated $4,000) $10,079 of unallocated Park-in-Lieu Fees $27,145 of remaining unallocated FY 2021/22 CIP Reserve Current year General Fund Net Operations, not to exceed $10,000 Dennis Jaw, Finance Manager, presented the staff report. Nivi Madhan, Youth Commissioner Treasurer, spoke about the Youth Commission fundraising for inclusive parks. Mayor Zhao invited public comment on the item. Jeffrey Schwartz spoke No one else requested to speak. BERNALD/FITZSIMMONS MOVED TO DIRECT STAFF TO ADD THE BEAUCHAMPS PLAYGROUND REPLACEMENT PROJECT TO THE FISCAL YEAR 2021/22 CAPITAL IMPROVEMENT PLAN IN THE AMOUNT OF $246,051, TO APPLY FOR THE CALIFORNIA DROUGHT, WATER, PARKS, CLIMATE, COASTAL PROTECTION AND OUTDOOR ACCESS FOR ALL ACT OF 2018 PER CAPITA GRANT FUNDING OF $196,841 AND TO ACCEPT AND USE THE FOLLOWING FUNDS TO REACH THE $49,210 LOCAL MATCH REQUIREMENT: TOTAL FUNDS RAISED BY THE YOUTH COMMISSION FOR AN INCLUSIVE SWING BY JUNE 30. 2021 (ESTIMATED $4,000), $10,079 OF UNALLOCATED PARK-IN-LIEU FEES, $27,145 OF REMAINING UNALLOCATED FY 2021/22 CIP RESERVE, AND CURRENT YEAR GENERAL FUND NET OPERATIONS, NOT TO EXCEED $10,000.MOTION PASSED BY VERBAL ROLL CALL. AYES: ZHAO, WALIA, KUMAR, FITZSIMMONS, BERNALD. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 16 Saratoga City Council Minutes – April 27, 2021 – Page 3 of 5 American Rescue Plan Funding Strategy Recommended Action: Receive staff report and provide direction on the American Rescue Plan Funding Strategy. Mary Furey, Finance & Administrative Services Director, presented the staff report. Mayor Zhao invited public comment on the item. David Anderson spoke No one else requested to speak. BERNALD/FITZSIMMONS MOVED TO ACCEPT STAFF RECOMMENDATION FOR THE AMERICAN RESCUE PLAN FUNDING STRATEGY, INCLUDING A $550,000 ALLOCATION TO REFUND FY 2020/21 FUNDING REDUCTIONS TO INTERNAL SERVICE FUNDS, TO ALLOCATE $850,000 TO THE FISCAL STABILIZATION RESERVE AT THE 2020/21 FISCAL YEAR END, AND TO ALLOCATE $600,000 INTO THE FY 2022/23 CAPITAL IMPROVEMENT PROJECT FUNDING CYCLE. THE REMAINDER OF THE AMERICAN RESCUE PLAN FUNDS ARE TO BE UTILIZED BY DECEMBER 31, 2024, WITH $1,000,000 ALLOCATED IN EACH OF FISCAL YEAR’S 2021/22, 2022/23, 2023/24, WITH THE REMAINDER OF APPROXIMATELY $600,000 IN FY 2024/25. MOTION PASSED BY VERBAL ROLL CALL. AYES: ZHAO, WALIA, KUMAR, FITZSIMMONS, BERNALD. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. Discussion of Additional Revenue for Roadway Maintenance Recommended Action: Receive report and direct staff to either: (1) include $150,000 in the FY 2021/22 Operating Budget to fund the evaluation of a possible ballot measure for roadway maintenance on the November 2022 general election; or (2) report back to the City Council in 2023 with the results of next Pavement Management System Report. James Lindsay, City Manager, presented the staff report. Craig Hill, NHA Advisors, presented an additional report. Mayor Zhao invited public comment on the item. Andrey Tovchigrechko spoke Jeffrey Schwartz spoke David Anderson spoke No one else requested to speak. 17 Saratoga City Council Minutes – April 27, 2021 – Page 4 of 5 KUMAR MOVED TO DIRECT STAFF TO BRING BACK A PRESENTATION TO LOOK AT CUTTING DISCRETIONARY BUDGET. WALIA/FITZSIMMONS MOVED TO MOVE THIS ITEM TO A REGULAR COUNCIL MEETING WITH MORE PUBLIC PARTICIPATION. BERNALD MOVED TO MOVE AHEAD WITH ALLOCATION OF $150,000 FOR A POSSIBLE BALLOT MEASURE AND MOVE AHEAD WITH AS MUCH INFORMATION AS POSSIBLE, WITH POLLING. WALIA/FITZSIMMONS MADE A SUBSTITUTE MOTION TO DIRECT STAFF TO BRING TO A REGULAR COUNCIL MEETING A COMMUNITY ENGAGEMENT STRATEGY OF COUNCIL POLICY ON ROADWAY CONDITIONS. MOTION PASSED BY VERBAL ROLL CALL. AYES: ZHAO, WALIA, FITZSIMMONS, BERNALD. NOES: KUMAR. ABSTAIN: NONE. ABSENT: NONE. Mayor Zhao requested a recess at 9:00 p.m. and resumed at the meeting at 9:10 p.m. Fiscal Year 2021/22 Santa Clara County Sheriff’s Office & School Resource Officer Proposed Costs Recommended Action: Direct staff to fund law enforcement services at $6,895,871 for Fiscal Year 2021/22, including funding for a full time School Resource Officer. Crystal Bothelio, Assistant City Manager, presented the staff report. Captain Rich Urena responded to questions from the City Council. Mayor Zhao invited public comment on the item. No one requested to speak. KUMAR MOVED TO ALLOCATE NO FUNDS TO THE SCHOOL RESOURCE OFFICER AND REQUEST THAT SARATOGA SCHOOLS COMPLETELY FUND THE SCHOOL RESOURCE OFFICER. BERNALD MOVED TO FUND LAW ENFORCEMENT SERVICES AT $6,895,871 FOR FISCAL YEAR 2021/22, INCLUDING FUNDING FOR A FULL TIME SCHOOL RESOURCE OFFICER. WALIA /FITZSIMMONS MOVED TO POSTPONE DISCUSSION ON FUNDING FOR THE SCHOOL RESOURCE OFFICER UNTIL THE LOS GATOS SARATOGA UNION HIGH SCHOOL DISTRICT MAKES A DECISION ON FUNDING FOR THE SCHOOL RESOURCE OFFICER AND REQUEST THAT THE SCHOOLS CONSIDER PAYING A GREATER SHARE OF SCHOOL RESOURCE OFFICER COSTS. 18 Saratoga City Council Minutes – April 27, 2021 – Page 5 of 5 BERNALD/ZHAO MOVED TO DIRECT STAFF TO FUND LAW ENFORCEMENT SERVICES AT $6,841,990, INCLUDING $251,445 FOR A SCHOOL RESOURCE OFFICER, AND REPORT ON THE STATUS OF SCHOOL DISTRICT POSITIONS RELATED TO FUNDING FOR THE SCHOOL RESOURCE OFFICER AT THE MAY 19, 2021 CITY COUNCIL MEETING.MOTION PASSED BY VERBAL ROLL CALL. AYES: ZHAO, WALIA, FITZSIMMONS, BERNALD. NOES: KUMAR. ABSTAIN: NONE. ABSENT: NONE. Financial Policy Update Review Recommended Action: Receive staff report and provide direction on Financial Policy Statement Updates. Mary Furey, Finance & Administrative Services Director, presented the staff report. Mayor Zhao invited public comment on the item. No one requested to speak. WALIA/BERNALD MOVED TO ACCEPT THE STAFF REPORT ON THE FINANCIAL POLICY STATEMENT UPDATES. MOTION PASSED BY VERBAL ROLL CALL. AYES: ZHAO, WALIA, KUMAR, FITZSIMMONS, BERNALD. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. ADJOURNMENT BERNALD/ WALIA MOVED TO ADJOURN THE MEETING AT 10:24 P.M.MOTION PASSED BY VERBAL ROLL CALL. AYES: ZHAO, WALIA, FITZSIMMONS, BERNALD. NOES: NONE. ABSTAIN: NONE. ABSENT: KUMAR. Minutes respectfully submitted: Debbie Bretschneider, City Clerk City of Saratoga 19 Saratoga City Council Minutes – May 4, 2021 – Page 1 of 2 MINUTES WEDNESDAY, MAY 4, 2021 SARATOGA CITY COUNCIL SPECIAL MEETING CALL TO ORDER Mayor Zhao called the virtual Special Meeting to order at 5:01 p.m. via teleconferencing through Zoom. Prior to Roll Call, the Mayor and City Clerk explained that the City Council meeting was conducted pursuant to provisions of the Brown Act and a recent Executive Order issued by the Governor to facilitate teleconferencing to reduce the risk of COVID-19 transmission at public meetings. Ordinarily the Brown Act sets strict rules for teleconferencing. The Governor’s Executive Order has suspended those rules. The Executive Order does require that public agencies continue to notice meetings in advance and provide members of the public an opportunity to observe the meeting and offer public comment. The City Council met all of the applicable notice requirements and the public is welcome to participate in this meeting. Information on how the public can observe the meeting and provide public comment was also shared. Additionally, the Mayor explained that votes would be taken through roll call. ROLL CALL PRESENT:Mayor Yan Zhao, Vice Mayor Tina Walia, Council Members Rishi Kumar, Kookie Fitzsimmons, Mary-Lynne Bernald. (All Council Members appearing via teleconference) ABSENT:None ALSO PRESENT:Crystal Bothelio, Assistant City Manager Debbie Bretschneider, City Clerk Kayla Nakamoto, Administrative Analyst (All staff members appearing via teleconference) City Clerk Debbie Bretschneider confirmed all City Council members could hear the meeting proceedings and no doubts were expressed regarding the identities of the individuals representing themselves as City Council Members. AGENDA ITEMS: Youth Commission Interviews Recommended Action: Interview Youth Commission applicants and select five for the terms ending on June 30, 2023. Mayor Zhao announced a break at 6:00 p.m. and resumed the meeting at 6:20 p.m. Mayor Zhao announced a break at 7:00 p.m. and resumed the meeting at 7:10 p.m. 20 Saratoga City Council Minutes – May 4, 2021 – Page 2 of 2 BERNALD/FITZSIMMONS MOVED TO SELECT NICOLE HAO, SAKET KELKAR, ANIKET SINGH, ALEX XIA, AND ASHLY HENRY TO TERMS ENDING JUNE 30, 2023 OF THE YOUTH COMMISSION AND DIRECT STAFF TO PLACE AN ITEM ON THE NEXT REGULAR MEETING AGENDA FOR OATH OF OFFICE. 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 8:16 P.M. MOTION PASSED BY VERBAL ROLL CALL. AYES: ZHAO, WALIA, FITZSIMMONS, BERNALD. NOES: NONE. ABSTAIN: NONE. ABSENT: KUMAR. Minutes respectfully submitted: Debbie Bretschneider, City Clerk City of Saratoga 21 Saratoga City Council Minutes ~ May 5, 2021 ~ Page 1 of 7 MINUTES WEDNESDAY, MAY 5, 2021 SARATOGA CITY COUNCIL REGULAR MEETING At 6:00 p.m., the City Council held a Joint Meeting with the Montalvo Arts Center via teleconferencing through Zoom. Mayor Zhao called the virtual Regular Session to order at 7:01 p.m. via teleconferencing through Zoom. Prior to Roll Call, the Mayor and City Clerk explained that the City Council meeting was conducted pursuant to provisions of the Brown Act and a recent Executive Order issued by the Governor to facilitate teleconferencing to reduce the risk of COVID-19 transmission at public meetings. Ordinarily the Brown Act sets strict rules for teleconferencing. The Governor’s Executive Order has suspended those rules. The Executive Order does require that public agencies continue to notice meetings in advance and provide members of the public an opportunity to observe the meeting and offer public comment. The City Council met all of the applicable notice requirements and the public is welcome to participate in this meeting. Information on how the public can observe the meeting and provide public comment was also shared. Additionally, the Mayor explained that votes would be taken through roll call. ROLL CALL PRESENT:Mayor Yan Zhao, Vice Mayor Tina Walia, Council Members Rishi Kumar, Kookie Fitzsimmons, Mary-Lynne Bernald (All Council Members appearing via teleconference) ABSENT:None 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 Keith Weiner, Building Official (All staff members appearing via teleconference) City Clerk Debbie Bretschneider confirmed all City Council members could hear the meeting proceedings and no doubts were expressed regarding the identities of the individuals representing themselves as City Council Members. REPORT ON POSTING OF THE AGENDA City Clerk Debbie Bretschneider reported that the agenda for this meeting was properly posted on April 29, 2021. REPORT ON JOINT MEETING Montalvo Arts Center Executive Director Angela McConnell reported on the Joint Meeting. 22 Saratoga City Council Minutes ~ May 5, 2021 ~ Page 2 of 7 ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS Tylor Taylor, Executive Director of SASCC, spoke the SASCC request to repurpose event grant funds for operations. Kathleen Crowe spoke about SASCC finances. Vice Mayor Walia requested information from City staff about the SASCC contract. ANNOUNCEMENTS Mayor Zhao shared information about COVID-19 updates, the Hakone Gardens new exhibit and book, SASCC Walks, Saratoga Power Lunch webinar, and Wildfire Workshops. 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. RESOLUTION 21-025 FITZSIMMONS/WALIA MOVED TO APPROVE THE RESOLUTION APPOINTING 1 MEMBER TO THE HERITAGE PRESERVATION COMMISSION AND DIRECT THE CITY CLERK TO ADMINISTER THE OATH OF OFFICE. MOTION PASSED BY VERBAL ROLL CALL. AYES: ZHAO, WALIA, KUMAR, FITZSIMMONS, BERNALD. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. Commendations for Montalvo Art Center and Steven Simon Recommended Action: Present the commendations to Montalvo Arts Center and Steven Simon. Mayor Zhao and Council Members presented 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. Mayor Zhao and Council Members presented the proclamation to Rina Shah, Chair of the Heritage Preservation Commission. Proclamation Declaring May 2021 as Older Americans Month Recommended Action: Present the proclamation declaring May 2021 as Older Americans Month. Mayor Zhao and Council Members presented the proclamation to Lisa Oakley, Chair of SASCC, and Tylor Taylor, Executive Director of SASCC. 23 Saratoga City Council Minutes ~ May 5, 2021 ~ Page 3 of 7 Proclamation Declaring May 2021 as Asian Pacific American Heritage Month Recommended Action: Present the proclamation declaring May 2021 as Asian Pacific American Heritage Month. Mayor Zhao and Council Members presented the proclamation to Huelling Su, President of Asian American for Better Community (AABC). 1.CONSENT CALENDAR 1.1. City Council Meeting Minutes Recommended Action: Approve the City Council minutes for the Regular City Council Meeting on April 21, 2021. BERNALD/FITZSIMMONS MOVED TO APPROVE THE CITY COUNCIL MINUTES FOR THE REGULAR CITY COUNCIL MEETING ON APRIL 21, 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: 04/20/21 Period 10; 04/27/21 Period 10: BERNALD/FITZSIMMONS MOVED TO ACCEPT CHECK REGISTERS FOR THE FOLLOWING ACCOUNTS PAYABLE PAYMENT CYCLES: 04/20/21 PERIOD 10; 04/27/21 PERIOD 10. MOTION PASSED BY VERBAL ROLL CALL. AYES: ZHAO, WALIA, KUMAR, FITZSIMMONS, BERNALD. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 1.3. Treasurer’s Report for the Month Ended March 31, 2021 Recommended Action: Review and accept the Treasurer’s Report for the month ended March 31, 2021. BERNALD/FITZSIMMONS MOVED TO ACCEPT THE TREASURER’S REPORT FOR THE MONTH ENDED MARCH 31, 2021. MOTION PASSED BY VERBAL ROLL CALL. AYES: ZHAO, WALIA, KUMAR, FITZSIMMONS, BERNALD. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 1.4. Parks & Recreation Commission Mission Statement Update Recommended Action: Approve the updated Parks & Recreation Commission Mission Statement by adopting the attached Resolution. Council Member Bernald removed this item for discussion. Mayor Zhao invited public comment on the item. Rene Paquier, Chair of Parks and Recreation Commission, spoke. No one else requested to speak. 24 Saratoga City Council Minutes ~ May 5, 2021 ~ Page 4 of 7 RESOLUTION 21-026 BERNALD/WALIA MOVED TO APPROVE THE UPDATED PARKS & RECREATION COMMISSION MISSION STATEMENT BY ADOPTING THE RESOLUTION IN THE SUPPLEMENTAL MEMO. MOTION PASSED BY VERBAL ROLL CALL. AYES: ZHAO, WALIA, KUMAR, FITZSIMMONS, BERNALD. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 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. BERNALD/FITZSIMMONS MOVED TO AUTHORIZE THE CITY MANAGER TO EXECUTE THE DONATION AGREEMENT WITH MONTALVO ARTS CENTER TO ACCEPT THE DONATION PLACE. MOTION PASSED BY VERBAL ROLL CALL. AYES: ZHAO, WALIA, KUMAR, FITZSIMMONS, BERNALD. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 2.PUBLIC HEARING 2.1. Amendment to 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. Richard Taylor, City Attorney, presented the staff report. Mayor Zhao opened the public hearing. Mayor Zhao invited public comment on the item. Andrey Tovchigrechko spoke Glenda Aune spoke Nancy Lietzke spoke Mohini Balakrishnan spoke No one else requested to speak. WALIA/FITZSIMMONS MOVED TO WAIVE THE FIRST READING OF THE ORDINANCE AND DIRECT STAFF TO PLACE THE ORDINANCE ON THE CONSENT CALENDAR AT THE MAY 19, 2021 CITY COUNCIL MEETING. MOTION PASSED BY VERBAL ROLL CALL. AYES: ZHAO, WALIA, KUMAR, FITZSIMMONS, BERNALD. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 25 Saratoga City Council Minutes ~ May 5, 2021 ~ Page 5 of 7 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. Keith Weiner, Building Official, presented the staff report. Mayor Zhao invited public comment on the item. No one requested to speak. RESOLUTION 21-027 KUMAR/WALIA MOVED TO ADOPT THE RESOLUTION APPROVING AN ADJUSTMENT TO THE FISCAL YEAR 2020/21 OPERATING & CAPITAL IMPROVEMENT BUDGET AND 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. MOTION PASSED BY VERBAL ROLL CALL. AYES: ZHAO, WALIA, KUMAR, FITZSIMMONS, BERNALD. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 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. Debbie Pedro, Community Development Director, presented the staff report. Mayor Zhao invited public comment on the item. Jeffrey Schwartz spoke Chuck Page, President of Chamber of Commerce, spoke No one else requested to speak. FITZSIMMONS/ZHAO MOVED TO APPROVE THE SARATOGA BUSINESS RENEWAL AND BEAUTIFICATION GRANT PROGRAM IN THE SUPPLEMENTAL MEMO; ALLOCATE $15,000 FROM THE COUNCIL DISCRETIONARY ACCOUNT TO FUND THE PROGRAM; ADD THE SARATOGA BUSINESS RENEWAL AND BEAUTIFICATION GRANT PROGRAM 26 Saratoga City Council Minutes ~ May 5, 2021 ~ Page 6 of 7 TO THE FY2020-21 CAPITAL IMPROVEMENT PROGRAM; AND ADD “SARATOGA TOGETHER” AS NAME OF PROGRAM. MOTION PASSED BY VERBAL ROLL CALL. AYES: ZHAO, WALIA, FITZSIMMONS, BERNALD. NOES: KUMAR. ABSTAIN: NONE. ABSENT: NONE. COUNCIL ASSIGNMENTS Mayor Yan Zhao Council Finance Committee – Vice Mayor Walia reported. West Valley Mayors & Managers – the meeting had two guest speakers, a PG&E spokesperson on wildfire safety and the Executive Director of Cities Association. Vice Mayor Tina Walia Council Finance Committee – the Committee received a report on use of Hillside Reserve funds and a preview of the Budget Study Session. Saratoga Area Senior Coordinating Council (SASCC)– the Board approved a by-laws amendment to remove the voting position on the Board designated for City staff. The Board was informed of financial issues with taxes and that SASCC has taken out 2 PPE loans. Saratoga Ministerial Association – the Association received a report that Pastor Derek has received a grant of $10,000 to help the community in need and that Father Gary Thomas is moving from Sacred Heart after 15 years. Council Member Rishi Kumar Santa Clara County Library Joint Powers Authority – the members received reports that the Libraries re-opened April 19 and on the Fiscal Year 2021/22 budget. Council Member Kookie Fitzsimmons Nothing to report. Council Member Mary-Lynne Bernald Santa Clara/Santa Cruz Airport/Community Roundtable – the Roundtable will be holding a May 26 meeting with a report from FAA on the impact of airplane noise on the environment. Saratoga Historical Foundation – the Foundation received a report that the Blacksmith project is moving forward with assistance from Saratoga Federated Church volunteers CITY COUNCIL ITEMS Council Member Bernald requested City Council discussion on the SASCC request to repurpose event grant funds for SASCC operations. There was no support for the request. COUNCIL COMMUNICATIONS Council Member Kumar spoke on the protest of the San Jose Water Company request to California Public Utilities Commission for a fee increase. CITY MANAGER'S REPORT None ADJOURNMENT 27 Saratoga City Council Minutes ~ May 5, 2021 ~ Page 7 of 7 WALIA/FITZSIMMONS MOVED TO ADJOURN THE MEETING AT 9:05 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 Item 1.1: City Council Minutes Page 1 of 1 CITY OF SARATOGA Memorandum To: Mayor Zhao & Members of the Saratoga City Council From: Debbie Bretschneider, City Clerk Date: May 19, 2021 Subject: Amendment to Item 1.1: City Council Meeting Minutes Following publication of the agenda packet, staff received a request to amend the minutes for the Special City Council Meeting on April 27, 2021, May 4, 2021 and Regular City Council Meeting on May 5, 2021 from Vice Mayor Walia. Revised minutes are attached and requested changes are noted below. As a result of the request, the recommended action for the agenda item has been revised to: Approve the revised City Council minutes for the Special City Council Meeting on April 27, 2021 and May 4, 2021 and the Regular City Council Meeting on May 5, 2021. The Requested Changes to the Special Meeting Minutes of April 27, 2021 and May 4, 2021 are changing the date in the title from Wednesday to Tuesday on both dates. Requested Changes to Minutes for Regular City Council Meeting on May 5, 2021, Council Assignments, Vice Mayor Tina Walia’s Report: Saratoga Area Senior Coordinating Council (SASCC) – the Board approved a by-laws amendment to remove the voting position on the Board designated for City staff. changing City Staff's position on the Board from voting to non-voting. TheSASCC Board was informed of financial issues with taxes and that SASCC has taken out 2 PPE loans. : 1. unpaid tax filings (Form 941) for six consecutive quarters, 2. SASCC has taken out two PPP loans, 3. Amending Form 990 for 2018-19. No Financial Statements provided to the Board during my four months on the Board. 29 Saratoga City Council Minutes – April 27, 2021 – Page 1 of 5 MINUTES TUESDAY, APRIL 27, 2021 SARATOGA CITY COUNCIL SPECIAL MEETING CALL TO ORDER Mayor Zhao called the virtual Special Meeting to order at 6:01 p.m. via teleconferencing through Zoom. Prior to Roll Call, the Mayor and City Clerk explained that the City Council meeting was conducted pursuant to provisions of the Brown Act and a recent Executive Order issued by the Governor to facilitate teleconferencing to reduce the risk of COVID-19 transmission at public meetings. Ordinarily the Brown Act sets strict rules for teleconferencing. The Governor’s Executive Order has suspended those rules. The Executive Order does require that public agencies continue to notice meetings in advance and provide members of the public an opportunity to observe the meeting and offer public comment. The City Council met all of the applicable notice requirements and the public is welcome to participate in this meeting. Information on how the public can observe the meeting and provide public comment was also shared. Additionally, the Mayor explained that votes would be taken through roll call. ROLL CALL PRESENT: Mayor Yan Zhao, Vice Mayor Tina Walia, Council Members Rishi Kumar, Kookie Fitzsimmons, Mary-Lynne Bernald. (All Council Members appearing via teleconference) ABSENT: None ALSO PRESENT: James Lindsay, City Manager Richard Taylor, City Attorney Crystal Bothelio, Assistant City Manager Debbie Bretschneider, City Clerk Debbie Pedro, Community Development Director John Cherbone, Public Works Director Mary Furey, Finance & Administrative Services Director Dennis Jaw, Finance Manager Kayla Nakamoto, Administrative Analyst Gina Scott, Administrative Analyst (All staff members appearing via teleconference) City Clerk Debbie Bretschneider confirmed all City Council members could hear the meeting proceedings and no doubts were expressed regarding the identities of the individuals representing themselves as City Council Members. REPORT ON POSTING THE AGENDA City Clerk Debbie Bretschneider reported that the agenda for this meeting was properly posted on April 23, 2021. 30 Saratoga City Council Minutes – April 27, 2021 – Page 2 of 5 ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS None AGENDA ITEMS: Beauchamps Playground Replacement Project Recommended Action: Review report and direct staff to: 1. Add the Beauchamps Playground Replacement project to the Fiscal Year 2021/22 Capital Improvement Plan in the amount of $246,051. 2. Apply for the California Drought, Water, Parks, Climate, Coastal Protection and Outdoor Access for All Act of 2018 Per Capita Grant funding of $196,841. 3. Accept and use the following funds to reach the $49,210 local match requirement: • Total funds raised by the Youth Commission for an Inclusive Swing by June 30. 2021 (estimated $4,000) • $10,079 of unallocated Park-in-Lieu Fees • $27,145 of remaining unallocated FY 2021/22 CIP Reserve • Current year General Fund Net Operations, not to exceed $10,000 Dennis Jaw, Finance Manager, presented the staff report. Nivi Madhan, Youth Commissioner Treasurer, spoke about the Youth Commission fundraising for inclusive parks. Mayor Zhao invited public comment on the item. Jeffrey Schwartz spoke No one else requested to speak. BERNALD/FITZSIMMONS MOVED TO DIRECT STAFF TO ADD THE BEAUCHAMPS PLAYGROUND REPLACEMENT PROJECT TO THE FISCAL YEAR 2021/22 CAPITAL IMPROVEMENT PLAN IN THE AMOUNT OF $246,051, TO APPLY FOR THE CALIFORNIA DROUGHT, WATER, PARKS, CLIMATE, COASTAL PROTECTION AND OUTDOOR ACCESS FOR ALL ACT OF 2018 PER CAPITA GRANT FUNDING OF $196,841 AND TO ACCEPT AND USE THE FOLLOWING FUNDS TO REACH THE $49,210 LOCAL MATCH REQUIREMENT: TOTAL FUNDS RAISED BY THE YOUTH COMMISSION FOR AN INCLUSIVE SWING BY JUNE 30. 2021 (ESTIMATED $4,000), $10,079 OF UNALLOCATED PARK-IN-LIEU FEES, $27,145 OF REMAINING UNALLOCATED FY 2021/22 CIP RESERVE, AND CURRENT YEAR GENERAL FUND NET OPERATIONS, NOT TO EXCEED $10,000. MOTION PASSED BY VERBAL ROLL CALL. AYES: ZHAO, WALIA, KUMAR, FITZSIMMONS, BERNALD. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 31 Saratoga City Council Minutes – April 27, 2021 – Page 3 of 5 American Rescue Plan Funding Strategy Recommended Action: Receive staff report and provide direction on the American Rescue Plan Funding Strategy. Mary Furey, Finance & Administrative Services Director, presented the staff report. Mayor Zhao invited public comment on the item. David Anderson spoke No one else requested to speak. BERNALD/FITZSIMMONS MOVED TO ACCEPT STAFF RECOMMENDATION FOR THE AMERICAN RESCUE PLAN FUNDING STRATEGY, INCLUDING A $550,000 ALLOCATION TO REFUND FY 2020/21 FUNDING REDUCTIONS TO INTERNAL SERVICE FUNDS, TO ALLOCATE $850,000 TO THE FISCAL STABILIZATION RESERVE AT THE 2020/21 FISCAL YEAR END, AND TO ALLOCATE $600,000 INTO THE FY 2022/23 CAPITAL IMPROVEMENT PROJECT FUNDING CYCLE. THE REMAINDER OF THE AMERICAN RESCUE PLAN FUNDS ARE TO BE UTILIZED BY DECEMBER 31, 2024, WITH $1,000,000 ALLOCATED IN EACH OF FISCAL YEAR’S 2021/22, 2022/23, 2023/24, WITH THE REMAINDER OF APPROXIMATELY $600,000 IN FY 2024/25. MOTION PASSED BY VERBAL ROLL CALL. AYES: ZHAO, WALIA, KUMAR, FITZSIMMONS, BERNALD. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. Discussion of Additional Revenue for Roadway Maintenance Recommended Action: Receive report and direct staff to either: (1) include $150,000 in the FY 2021/22 Operating Budget to fund the evaluation of a possible ballot measure for roadway maintenance on the November 2022 general election; or (2) report back to the City Council in 2023 with the results of next Pavement Management System Report. James Lindsay, City Manager, presented the staff report. Craig Hill, NHA Advisors, presented an additional report. Mayor Zhao invited public comment on the item. Andrey Tovchigrechko spoke Jeffrey Schwartz spoke David Anderson spoke No one else requested to speak. 32 Saratoga City Council Minutes – April 27, 2021 – Page 4 of 5 KUMAR MOVED TO DIRECT STAFF TO BRING BACK A PRESENTATION TO LOOK AT CUTTING DISCRETIONARY BUDGET. WALIA/FITZSIMMONS MOVED TO MOVE THIS ITEM TO A REGULAR COUNCIL MEETING WITH MORE PUBLIC PARTICIPATION. BERNALD MOVED TO MOVE AHEAD WITH ALLOCATION OF $150,000 FOR A POSSIBLE BALLOT MEASURE AND MOVE AHEAD WITH AS MUCH INFORMATION AS POSSIBLE, WITH POLLING. WALIA/FITZSIMMONS MADE A SUBSTITUTE MOTION TO DIRECT STAFF TO BRING TO A REGULAR COUNCIL MEETING A COMMUNITY ENGAGEMENT STRATEGY OF COUNCIL POLICY ON ROADWAY CONDITIONS. MOTION PASSED BY VERBAL ROLL CALL. AYES: ZHAO, WALIA, FITZSIMMONS, BERNALD. NOES: KUMAR. ABSTAIN: NONE. ABSENT: NONE. Mayor Zhao requested a recess at 9:00 p.m. and resumed at the meeting at 9:10 p.m. Fiscal Year 2021/22 Santa Clara County Sheriff’s Office & School Resource Officer Proposed Costs Recommended Action: Direct staff to fund law enforcement services at $6,895,871 for Fiscal Year 2021/22, including funding for a full time School Resource Officer. Crystal Bothelio, Assistant City Manager, presented the staff report. Captain Rich Urena responded to questions from the City Council. Mayor Zhao invited public comment on the item. No one requested to speak. KUMAR MOVED TO ALLOCATE NO FUNDS TO THE SCHOOL RESOURCE OFFICER AND REQUEST THAT SARATOGA SCHOOLS COMPLETELY FUND THE SCHOOL RESOURCE OFFICER. BERNALD MOVED TO FUND LAW ENFORCEMENT SERVICES AT $6,895,871 FOR FISCAL YEAR 2021/22, INCLUDING FUNDING FOR A FULL TIME SCHOOL RESOURCE OFFICER. WALIA /FITZSIMMONS MOVED TO POSTPONE DISCUSSION ON FUNDING FOR THE SCHOOL RESOURCE OFFICER UNTIL THE LOS GATOS SARATOGA UNION HIGH SCHOOL DISTRICT MAKES A DECISION ON FUNDING FOR THE SCHOOL RESOURCE OFFICER AND REQUEST THAT THE SCHOOLS CONSIDER PAYING A GREATER SHARE OF SCHOOL RESOURCE OFFICER COSTS. 33 Saratoga City Council Minutes – April 27, 2021 – Page 5 of 5 BERNALD/ZHAO MOVED TO DIRECT STAFF TO FUND LAW ENFORCEMENT SERVICES AT $6,841,990, INCLUDING $251,445 FOR A SCHOOL RESOURCE OFFICER, AND REPORT ON THE STATUS OF SCHOOL DISTRICT POSITIONS RELATED TO FUNDING FOR THE SCHOOL RESOURCE OFFICER AT THE MAY 19, 2021 CITY COUNCIL MEETING. MOTION PASSED BY VERBAL ROLL CALL. AYES: ZHAO, WALIA, FITZSIMMONS, BERNALD. NOES: KUMAR. ABSTAIN: NONE. ABSENT: NONE. Financial Policy Update Review Recommended Action: Receive staff report and provide direction on Financial Policy Statement Updates. Mary Furey, Finance & Administrative Services Director, presented the staff report. Mayor Zhao invited public comment on the item. No one requested to speak. WALIA/BERNALD MOVED TO ACCEPT THE STAFF REPORT ON THE FINANCIAL POLICY STATEMENT UPDATES. MOTION PASSED BY VERBAL ROLL CALL. AYES: ZHAO, WALIA, KUMAR, FITZSIMMONS, BERNALD. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. ADJOURNMENT BERNALD/ WALIA MOVED TO ADJOURN THE MEETING AT 10:24 P.M. MOTION PASSED BY VERBAL ROLL CALL. AYES: ZHAO, WALIA, FITZSIMMONS, BERNALD. NOES: NONE. ABSTAIN: NONE. ABSENT: KUMAR. Minutes respectfully submitted: Debbie Bretschneider, City Clerk City of Saratoga 34 Saratoga City Council Minutes – May 4, 2021 – Page 1 of 2 MINUTES TUESDAY, MAY 4, 2021 SARATOGA CITY COUNCIL SPECIAL MEETING CALL TO ORDER Mayor Zhao called the virtual Special Meeting to order at 5:01 p.m. via teleconferencing through Zoom. Prior to Roll Call, the Mayor and City Clerk explained that the City Council meeting was conducted pursuant to provisions of the Brown Act and a recent Executive Order issued by the Governor to facilitate teleconferencing to reduce the risk of COVID-19 transmission at public meetings. Ordinarily the Brown Act sets strict rules for teleconferencing. The Governor’s Executive Order has suspended those rules. The Executive Order does require that public agencies continue to notice meetings in advance and provide members of the public an opportunity to observe the meeting and offer public comment. The City Council met all of the applicable notice requirements and the public is welcome to participate in this meeting. Information on how the public can observe the meeting and provide public comment was also shared. Additionally, the Mayor explained that votes would be taken through roll call. ROLL CALL PRESENT: Mayor Yan Zhao, Vice Mayor Tina Walia, Council Members Rishi Kumar, Kookie Fitzsimmons, Mary-Lynne Bernald. (All Council Members appearing via teleconference) ABSENT: None ALSO PRESENT: Crystal Bothelio, Assistant City Manager Debbie Bretschneider, City Clerk Kayla Nakamoto, Administrative Analyst (All staff members appearing via teleconference) City Clerk Debbie Bretschneider confirmed all City Council members could hear the meeting proceedings and no doubts were expressed regarding the identities of the individuals representing themselves as City Council Members. AGENDA ITEMS: Youth Commission Interviews Recommended Action: Interview Youth Commission applicants and select five for the terms ending on June 30, 2023. Mayor Zhao announced a break at 6:00 p.m. and resumed the meeting at 6:20 p.m. Mayor Zhao announced a break at 7:00 p.m. and resumed the meeting at 7:10 p.m. 35 Saratoga City Council Minutes – May 4, 2021 – Page 2 of 2 BERNALD/FITZSIMMONS MOVED TO SELECT NICOLE HAO, SAKET KELKAR, ANIKET SINGH, ALEX XIA, AND ASHLY HENRY TO TERMS ENDING JUNE 30, 2023 OF THE YOUTH COMMISSION AND DIRECT STAFF TO PLACE AN ITEM ON THE NEXT REGULAR MEETING AGENDA FOR OATH OF OFFICE. 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 8:16 P.M. MOTION PASSED BY VERBAL ROLL CALL. AYES: ZHAO, WALIA, FITZSIMMONS, BERNALD. NOES: NONE. ABSTAIN: NONE. ABSENT: KUMAR. Minutes respectfully submitted: Debbie Bretschneider, City Clerk City of Saratoga 36 Saratoga City Council Minutes ~ May 5, 2021 ~ Page 1 of 7 MINUTES WEDNESDAY, MAY 5, 2021 SARATOGA CITY COUNCIL REGULAR MEETING At 6:00 p.m., the City Council held a Joint Meeting with the Montalvo Arts Center via teleconferencing through Zoom. Mayor Zhao called the virtual Regular Session to order at 7:01 p.m. via teleconferencing through Zoom. Prior to Roll Call, the Mayor and City Clerk explained that the City Council meeting was conducted pursuant to provisions of the Brown Act and a recent Executive Order issued by the Governor to facilitate teleconferencing to reduce the risk of COVID-19 transmission at public meetings. Ordinarily the Brown Act sets strict rules for teleconferencing. The Governor’s Executive Order has suspended those rules. The Executive Order does require that public agencies continue to notice meetings in advance and provide members of the public an opportunity to observe the meeting and offer public comment. The City Council met all of the applicable notice requirements and the public is welcome to participate in this meeting. Information on how the public can observe the meeting and provide public comment was also shared. Additionally, the Mayor explained that votes would be taken through roll call. ROLL CALL PRESENT: Mayor Yan Zhao, Vice Mayor Tina Walia, Council Members Rishi Kumar, Kookie Fitzsimmons, Mary-Lynne Bernald (All Council Members appearing via teleconference) ABSENT: None 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 Keith Weiner, Building Official (All staff members appearing via teleconference) City Clerk Debbie Bretschneider confirmed all City Council members could hear the meeting proceedings and no doubts were expressed regarding the identities of the individuals representing themselves as City Council Members. REPORT ON POSTING OF THE AGENDA City Clerk Debbie Bretschneider reported that the agenda for this meeting was properly posted on April 29, 2021. REPORT ON JOINT MEETING Montalvo Arts Center Executive Director Angela McConnell reported on the Joint Meeting. 37 Saratoga City Council Minutes ~ May 5, 2021 ~ Page 2 of 7 ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS Tylor Taylor, Executive Director of SASCC, spoke the SASCC request to repurpose event grant funds for operations. Kathleen Crowe spoke about SASCC finances. Vice Mayor Walia requested information from City staff about the SASCC contract. ANNOUNCEMENTS Mayor Zhao shared information about COVID-19 updates, the Hakone Gardens new exhibit and book, SASCC Walks, Saratoga Power Lunch webinar, and Wildfire Workshops. 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. RESOLUTION 21-025 FITZSIMMONS/WALIA MOVED TO APPROVE THE RESOLUTION APPOINTING 1 MEMBER TO THE HERITAGE PRESERVATION COMMISSION AND DIRECT THE CITY CLERK TO ADMINISTER THE OATH OF OFFICE. MOTION PASSED BY VERBAL ROLL CALL. AYES: ZHAO, WALIA, KUMAR, FITZSIMMONS, BERNALD. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. Commendations for Montalvo Art Center and Steven Simon Recommended Action: Present the commendations to Montalvo Arts Center and Steven Simon. Mayor Zhao and Council Members presented 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. Mayor Zhao and Council Members presented the proclamation to Rina Shah, Chair of the Heritage Preservation Commission. Proclamation Declaring May 2021 as Older Americans Month Recommended Action: Present the proclamation declaring May 2021 as Older Americans Month. Mayor Zhao and Council Members presented the proclamation to Lisa Oakley, Chair of SASCC, and Tylor Taylor, Executive Director of SASCC. 38 Saratoga City Council Minutes ~ May 5, 2021 ~ Page 3 of 7 Proclamation Declaring May 2021 as Asian Pacific American Heritage Month Recommended Action: Present the proclamation declaring May 2021 as Asian Pacific American Heritage Month. Mayor Zhao and Council Members presented the proclamation to Huelling Su, President of Asian American for Better Community (AABC). 1. CONSENT CALENDAR 1.1. City Council Meeting Minutes Recommended Action: Approve the City Council minutes for the Regular City Council Meeting on April 21, 2021. BERNALD/FITZSIMMONS MOVED TO APPROVE THE CITY COUNCIL MINUTES FOR THE REGULAR CITY COUNCIL MEETING ON APRIL 21, 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: 04/20/21 Period 10; 04/27/21 Period 10: BERNALD/FITZSIMMONS MOVED TO ACCEPT CHECK REGISTERS FOR THE FOLLOWING ACCOUNTS PAYABLE PAYMENT CYCLES: 04/20/21 PERIOD 10; 04/27/21 PERIOD 10. MOTION PASSED BY VERBAL ROLL CALL. AYES: ZHAO, WALIA, KUMAR, FITZSIMMONS, BERNALD. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 1.3. Treasurer’s Report for the Month Ended March 31, 2021 Recommended Action: Review and accept the Treasurer’s Report for the month ended March 31, 2021. BERNALD/FITZSIMMONS MOVED TO ACCEPT THE TREASURER’S REPORT FOR THE MONTH ENDED MARCH 31, 2021. MOTION PASSED BY VERBAL ROLL CALL. AYES: ZHAO, WALIA, KUMAR, FITZSIMMONS, BERNALD. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 1.4. Parks & Recreation Commission Mission Statement Update Recommended Action: Approve the updated Parks & Recreation Commission Mission Statement by adopting the attached Resolution. Council Member Bernald removed this item for discussion. Mayor Zhao invited public comment on the item. Rene Paquier, Chair of Parks and Recreation Commission, spoke. No one else requested to speak. 39 Saratoga City Council Minutes ~ May 5, 2021 ~ Page 4 of 7 RESOLUTION 21-026 BERNALD/WALIA MOVED TO APPROVE THE UPDATED PARKS & RECREATION COMMISSION MISSION STATEMENT BY ADOPTING THE RESOLUTION IN THE SUPPLEMENTAL MEMO. MOTION PASSED BY VERBAL ROLL CALL. AYES: ZHAO, WALIA, KUMAR, FITZSIMMONS, BERNALD. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 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. BERNALD/FITZSIMMONS MOVED TO AUTHORIZE THE CITY MANAGER TO EXECUTE THE DONATION AGREEMENT WITH MONTALVO ARTS CENTER TO ACCEPT THE DONATION PLACE. MOTION PASSED BY VERBAL ROLL CALL. AYES: ZHAO, WALIA, KUMAR, FITZSIMMONS, BERNALD. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 2. PUBLIC HEARING 2.1. Amendment to 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. Richard Taylor, City Attorney, presented the staff report. Mayor Zhao opened the public hearing. Mayor Zhao invited public comment on the item. Andrey Tovchigrechko spoke Glenda Aune spoke Nancy Lietzke spoke Mohini Balakrishnan spoke No one else requested to speak. WALIA/FITZSIMMONS MOVED TO WAIVE THE FIRST READING OF THE ORDINANCE AND DIRECT STAFF TO PLACE THE ORDINANCE ON THE CONSENT CALENDAR AT THE MAY 19, 2021 CITY COUNCIL MEETING. MOTION PASSED BY VERBAL ROLL CALL. AYES: ZHAO, WALIA, KUMAR, FITZSIMMONS, BERNALD. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 40 Saratoga City Council Minutes ~ May 5, 2021 ~ Page 5 of 7 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. Keith Weiner, Building Official, presented the staff report. Mayor Zhao invited public comment on the item. No one requested to speak. RESOLUTION 21-027 KUMAR/WALIA MOVED TO ADOPT THE RESOLUTION APPROVING AN ADJUSTMENT TO THE FISCAL YEAR 2020/21 OPERATING & CAPITAL IMPROVEMENT BUDGET AND 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. MOTION PASSED BY VERBAL ROLL CALL. AYES: ZHAO, WALIA, KUMAR, FITZSIMMONS, BERNALD. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 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. Debbie Pedro, Community Development Director, presented the staff report. Mayor Zhao invited public comment on the item. Jeffrey Schwartz spoke Chuck Page, President of Chamber of Commerce, spoke No one else requested to speak. FITZSIMMONS/ZHAO MOVED TO APPROVE THE SARATOGA BUSINESS RENEWAL AND BEAUTIFICATION GRANT PROGRAM IN THE SUPPLEMENTAL MEMO; ALLOCATE $15,000 FROM THE COUNCIL DISCRETIONARY ACCOUNT TO FUND THE PROGRAM; ADD THE SARATOGA BUSINESS RENEWAL AND BEAUTIFICATION GRANT PROGRAM 41 Saratoga City Council Minutes ~ May 5, 2021 ~ Page 6 of 7 TO THE FY2020-21 CAPITAL IMPROVEMENT PROGRAM; AND ADD “SARATOGA TOGETHER” AS NAME OF PROGRAM. MOTION PASSED BY VERBAL ROLL CALL. AYES: ZHAO, WALIA, FITZSIMMONS, BERNALD. NOES: KUMAR. ABSTAIN: NONE. ABSENT: NONE. COUNCIL ASSIGNMENTS Mayor Yan Zhao Council Finance Committee – Vice Mayor Walia reported. West Valley Mayors & Managers – the meeting had two guest speakers, a PG&E spokesperson on wildfire safety and the Executive Director of Cities Association. Vice Mayor Tina Walia Council Finance Committee – the Committee received a report on use of Hillside Reserve funds and a preview of the Budget Study Session. Saratoga Area Senior Coordinating Council (SASCC) – the Board approved a by-laws amendment changing City Staff's position on the Board from voting to non-voting. SASCCBoard was informed of financial issues : 1. unpaid tax filings (Form 941) for six consecutive quarters, 2. SASCC has taken out two PPP loans, 3. Amending Form 990 for 2018-19. No Financial Statements provided to the Board during my four months on the Board. Saratoga Ministerial Association – the Association received a report that Pastor Derek has received a grant of $10,000 to help the community in need and that Father Gary Thomas is moving from Sacred Heart after 15 years. Council Member Rishi Kumar Santa Clara County Library Joint Powers Authority – the members received reports that the Libraries re-opened April 19 and on the Fiscal Year 2021/22 budget. Council Member Kookie Fitzsimmons Nothing to report. Council Member Mary-Lynne Bernald Santa Clara/Santa Cruz Airport/Community Roundtable – the Roundtable will be holding a May 26 meeting with a report from FAA on the impact of airplane noise on the environment. Saratoga Historical Foundation – the Foundation received a report that the Blacksmith project is moving forward with assistance from Saratoga Federated Church volunteers CITY COUNCIL ITEMS Council Member Bernald requested City Council discussion on the SASCC request to repurpose event grant funds for SASCC operations. There was no support for the request. COUNCIL COMMUNICATIONS Council Member Kumar spoke on the protest of the San Jose Water Company request to California Public Utilities Commission for a fee increase. CITY MANAGER'S REPORT None 42 Saratoga City Council Minutes ~ May 5, 2021 ~ Page 7 of 7 ADJOURNMENT WALIA/FITZSIMMONS MOVED TO ADJOURN THE MEETING AT 9:05 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 43 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 5/5/2021 143157 143202 46 125,241.94 5/5/2021 4/27/2021 143156 Accounts Payable 5/12/2021 143203 143246 44 226,578.69 5/12/2021 5/5/2021 143202 Accounts Payable checks issued for $20,000 or greater: Date Check #Dept.Amount 5/5/2021 143190 Shute Mihaly & Weinberger General Fund Admin Legal 35,202.44 5/12/2021 143245 Villalobos & Associates CIP Street Projects PW Ramp Work, Manhole Lift, Cont Circle Stabilization106,000.00 Accounts Payable checks voided during this time period: AP Date Check #Amount 5/5/2021 142386 Miriam Krull Lost Check 125.00 5/5/2021 141501 Klauser Electric Lost Check 407.98 5/12/2021 143174 142.03 ATTACHMENTS: Check Registers in the 'A/P Checks By Period and Year' report format Fund Purpose StatusReason Issued to Issued to Reissued Reissued Interstate All Battery Printing Error Reissued Prior Check RegisterChecks ReleasedTotal Checks Amount Accounts Payable SARATOGA CITY COUNCIL MEETING DATE:May 19, 2021 DEPARTMENT:Finance & Administrative Services 05/05/21 Period 11; 05/12/21 Period 11: PREPARED BY: Ending Check # Starting Check #Type of Checks Date 44 45 46 47 48 49 50 51 52 53 SARATOGA CITY COUNCIL MEETING DATE:May 19, 2021 DEPARTMENT:Public Works Department PREPARED BY:John Cherbone, Public Works Director SUBJECT:Pierce Road Emergency Repairs -Budget Amendment RECOMMENDED ACTION: Approve the budget adjustment resolution to authorize the City Manager to use Hillside Reserve funds in the amount of $400,000 for Repairs to Pierce Road. BACKGROUND: Erosion of the steep embankment above Calabazas Creek is threating failure of the retaining wall that supports a section of Pierce Road near Chalet Clotilde (See Photo -Attachment A). The retaining wall was inspected by the City Geologist who recommends repair as soon as possible. Staff is requesting the use of Hillside Reserve funds in the amount of $400,000 for emergency repairs. Once soil investigations are complete, a new retaining wall will be designed and constructed. Pierce Road is very narrow at this location which means it will be necessary to temporarily close the road during construction. Notices will be mailed to residents near the work and message signs will be placed at strategic locations to notice drivers. A budget resolution transferring $400,000 from the Hillside Repair Fund to the Capital Budget is attached (Attachment B). Approval of the resolution will create a new capital project that will authorize expenditures for the repair work. ATTACHMENTS: Attachment A -Photo Attachment B -Budget Resolution 54 55 RESOLUTION NO.__________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA TO CREATE A NEW CIP HILLSIDE STABILIZATION REPAIR PROJECT WITH FUNDING FROM THE HILLSIDE STABILITY RESERVE WHEREAS, the retaining wall along a section of Pierce Road near Chalet Clotilde has failed, making the roadway unstable; and WHEREAS, the City Council desires to maintain the City’s hillside roadways and retaining walls and has set aside funds in the Hillside Stability Reserve “for unanticipated or unforeseen emergency or extraordinary costs related to hillside degradation, inclusive of slide prevention and mitigation, slide repair, and associated drainage and roadwork”, and WHEREAS, the City Council desires to utilize this Fund Balance Reserve for the Pierce Road Retainment Project to stabilize the roadway without delay, and WHEREAS,it is necessary to set up new CIP project in the budget for the Pierce Road Retainment Project, and WHEREAS, it is necessary to adjust the Fiscal Year 2020/21 Operating and Capital Improvement Budget as follows; Account Description Account Number Increase Decrease To appropriate the transfer out of the General Fund’s Hillside Stability Reserve to the Pierce Road Retainment CIP project : Transfer Out 111.8101.99999 $ 400,000 To appropriate the transfer in of funding and increase the expenditure appropriations for the Pierce Road Retainment CIP project: Transfer in 411.xxxx-xxx.49999 $ 400,000 Expenditure 411.xxxx-xxx.81161 $ 400,000 NOW, THEREFORE, BE IT RESOLVED,that the City Council of the City of Saratoga hereby approves setting up a new Pierce Road Retainment CIP project in Fiscal Year 2020/21 and approves the above adjustments to the Fiscal Year 2020/21 Operating and Capital Improvement Budget. 56 BE IT FURTHER RESOLVED, the above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 19 th day of May 2021 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________ Yan Zhao, Mayor City of Saratoga Attest: _______________________ Debbie Bretschneider, City Clerk 57 Page 1 of 2 SARATOGA CITY COUNCIL MEETING DATE:May 19, 2021 DEPARTMENT:Public Works PREPARED BY:Macedonio Nunez, Senior Engineer ______ SUBJECT: Transportation Development Act (TDA) Article 3 Application for the Saratoga Avenue Walkway Project. ______ RECOMMENDED ACTION: Adopt resolution supporting the Metropolitan Transportation Commission’s Transportation Development Act Article 3 Pedestrian/Bicycle Grant Application for the Saratoga Avenue Walkway Project. BACKGRAOUND: In early April 2021, Public Works staff applied for a Metropolitan Transportation Commission grant titled Transportation Development Act Article 3 Pedestrian/Bicycle Grant Application (TDA Article 3 Grant) for the Saratoga Avenue Walkway Project. Under the TDA Article 3 Grant, “Guaranteed” funds are made available each year for bicycle/pedestrian projects. On January 21, 1998, a Resolution was passed by City Council in support of the Saratoga Avenue Walkway Project that utilized the TDA allocations. This project has been ongoing since 1992 and has created new walkways along Saratoga Avenue from the north City limits to the south to Park Place. These funds have also funded Pedestrian Safety Improvements along Saratoga Ave at the following locations: Crestbrook Drive bulbout ramp/crosswalk improvement Herriman Avenue bulbout ramp/crosswalk improvement La Paloma Avenue intersections bulbout ramp/crosswalk improvement Bus Stop locations near the intersection of Highway 9, Sidewalk and ADA ramps at the frontage of the Old Post Office to Park Place Handicap ramp between Juniper Lane and Douglass Ln (just south of Douglass Ln on the southbound direction). Rehabilitate deteriorating existing asphalt walkways along northbound Saratoga Avenue between Shadow Oaks Way and Heritage Oak. 58 Page 2 of 2 This year’s Guaranteed Allocation for the City of Saratoga is $31,040 and will be used to reconstruct and improve deteriorating handicap ramps along Saratoga Avenue between Big Basin Way and Scotland Drive. Renewed authorization to submit the attached application needs to be granted by the City Council. This will be accomplished by adopting the attached Resolution. FISCAL IMPACTS: No local match is required for TDA Article 3 Grants. ATTACHMENTS Attachment A - Resolution 59 RESOLUTION NO. 21- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA REQUEST TO THE METROPOLITAN TRANSPORTATION COMMISSION FOR THE ALLOCATION OF FISCAL YEAR 2021-22 TRANSPORTATION DEVELOPMENT ACT ARTICLE 3 PEDESTRIAN/BICYCLE PROJECT FUNDING WHEREAS,Article 3 of the Transportation Development Act (TDA), Public Utilities Code (PUC) Section 99200 et seq., authorizes the submission of claims to a regional transportation planning agency for the funding of projects exclusively for the benefit and/or use of pedestrians and bicyclists; and WHEREAS,the Metropolitan Transportation Commission (MTC), as the regional transportation planning agency for the San Francisco Bay region, has adopted MTC Resolution No. 4108, Revised, entitled “Transportation Development Act, Article 3, Pedestrian/Bicycle Projects,” which delineates procedures and criteria for submission of requests for the allocation of “TDA Article 3” funding; and WHEREAS,MTC Resolution No. 4108, Revised requires that requests for the allocation of TDA Article 3 funding be submitted as part of a single, countywide coordinated claim from each county in the San Francisco Bay region; and WHEREAS,the City of Saratoga desires to submit a request to MTC for the allocation of TDA Article 3 funds to support the projects described in Attachment B to this resolution, which are for the exclusive benefit and/or use of pedestrians and/or bicyclists; NOW, THEREFORE, BE IT RESOLVED, that the City of Saratoga declares it is eligible to request an allocation of TDA Article 3 funds pursuant to Section 99234 of the Public Utilities Code,and BE IT FURTHER RESOLVED, that there is no pending or threatened litigation that might adversely affect the project or projects described in Attachment B to this resolution, or that might impair the ability of the City of Saratoga to carry out the project;and BE IT FURTHER RESOLVED, that the City of Saratoga attests to the accuracy of and approves the statements in Attachment A to this resolution; and BE IT FURTHER RESOLVED, that a certified copy of this resolution and its attachments, and any accompanying supporting materials shall be forwarded to the congestion 60 management agency, countywide transportation planning agency, or county association of governments, as the case may be, of Santa Clara County for submission to MTC as part of the countywide coordinated TDA Article 3 claim. BE IT FURTHER RESOLVED, the above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 19th day of May 2021 by the following vote: AYES: NAYS: ABSENT: ABSTAIN: _______________________________ Yan Zhao, Mayor Attest: _________________________________ Debbie Bretschneider, City Clerk 61 Resolution No. 21- Attachment A Page 1 of 1 Re: Request to the Metropolitan Transportation Commission for the Allocation of Fiscal Year 2021-22 Transportation Development Act Article 3 Pedestrian/Bicycle Project Funding Findings 1. That the City of Saratoga is not legally impeded from submitting a request to the Metropolitan Transportation Commission for the allocation of Transportation Development Act (TDA) Article 3 funds, nor is the City of Saratoga legally impeded from undertaking the project(s) described in “Attachment B” of this resolution. 2. That the City of Saratoga has committed adequate staffing resources to complete the project(s) described in Attachment B. 3. A review of the project(s) described in Attachment B has resulted in the consideration of all pertinent matters, including those related to environmental and right-of-way permits and clearances, attendant to the successful completion of the project(s). 4. Issues attendant to securing environmental and right-of-way permits and clearances for the projects described in Attachment B have been reviewed and will be concluded in a manner and on a schedule that will not jeopardize the deadline for the use of the TDA funds being requested. 5. That the project(s) described in Attachment B comply with the requirements of the California Environmental Quality Act (CEQA, Public Resources Code Sections 21000 et seq.). 6. That as portrayed in the budgetary description(s) of the project(s) in Attachment B, the sources of funding other than TDA are assured and adequate for completion of the project(s). 7. That the project(s) described in Attachment B are for capital construction and/or final design and engineering or quick build project; and/or for the maintenance of a Class I bikeway which is closed to motorized traffic and/or Class IV separated bikeway; and/or for the purposes of restriping Class II bicycle lanes; and/or for the development or support of a bicycle safety education program; and/or for the development of a comprehensive bicycle and/or pedestrian facilities plan, and an allocation of TDA Article 3 funding for such a plan has not been received by the City of Saratoga within the prior five fiscal years. 8. That the project(s) described in Attachment B which are bicycle projects have been included in a detailed bicycle circulation element included in an adopted general plan, or included in an adopted comprehensive bikeway plan (such as outlined in Section 2377 of the California Bikeways Act, Streets and Highways Code section 2370 et seq.) or responds to an immediate community need, such as a quick-build project. 9. That any project described in Attachment B bicycle project meets the mandatory minimum safety design criteria published in the California Highway Design Manual or is in a National Association of City and Transportation Officials (NACTO) guidance or similar best practices document. 10. That the project(s) described in Attachment B will be completed in the allocated time (fiscal year of allocation plus two additional fiscal years). 11. That the City of Saratoga agrees to maintain, or provide for the maintenance of, the project(s) and facilities described in Attachment B, for the benefit of and use by the public. 62 Resolution No. 21- Attachment B Page 1 of 2 RE: Request to the Metropolitan Transportation Commission for the Allocation of Fiscal Year 2021-22 Transportation Development Act Article 3 Pedestrian/Bicycle Project Funding TDA Article 3 Project Application Form Fiscal Year of this Claim: 21-22 Applicant: City of Saratoga Contact person: Macedonio Nunez Mailing Address: 13777 Fruitvale Avenue, Saratoga CA 95070 E-Mail Address: mnunez@saratoga.ca.us Telephone: (408) 868-1218 Secondary Contact (in event primary not available) John Cherbone E-Mail Address: jcherbone@saratoga.ca.us Telephone: (408) 868-1241 Project Title (Short Description): Saratoga Ave Pathway Project Amount of claim: $31,040 Description of Overall Project: Project Scope Proposed for Funding: (Project level environmental, preliminary planning, and ROW are ineligible uses of TDA funds.) Project Budget and Schedule Project Phase TDA 3 Other Funds Total Cost Estimated Completion (month/year) ENV - PA&ED - PS&E - ROW - CON 31,040 31,040 Total Cost 31,040 - 31,040 Jun-22 Along Saratoga Ave, between Big Basin Way and Scotland Drive. Project includes reconstruction and improvement to handicap ramps, reconstruct and rehabilitate deteriorating asphalt concrete (AC) pathways. Installation of continuous curbs and gutters, concrete sidewalks. The Funding will be used for the construction and inspection of the project. 63 Resolution No. 21- Attachment B Page 2 of 2 TDA Article 3 Project Application Form Project Eligibility: YES?/NO? A.Has the project been approved by the claimant's governing body? (If "NO," provide the approximate date approval is anticipated). NO 6-2-21 B.Has this project previously received TDA Article 3 funding? If "YES," provide an explanation on a separate page.YES C.For "bikeways," does the project meet Caltrans minimum safety design criteria pursuant to Chapter 1000 of the California Highway Design Manual? (Available on the internet via: http://www.dot.ca.gov). YES D.Has the project been reviewed by the Bicycle and Pedestrian Advisory Committee? (If "NO," provide an explanation).YES E.Has the public availability of the environmental compliance documentation for the project (pursuant to CEQA) been evidenced by the dated stamping of the document by the county clerk or county recorder? (required only for projects that include construction). YES F.Will the project be completed before the allocation expires? Enter the anticipated completion date of project (month and year) June 2022 YES G.Have provisions been made by the claimant to maintain the project or facility, or has the claimant arranged for such maintenance by another agency? (If an agency other than the Claimant is to maintain the facility provide its name: ) YES Project Eligibility: B. This project has been previously funded in several cycles. See the attached TDA article 3 application for fiscal year of claim 03/04. D. This project is ongoing and has been reviewed in the past. See the attached TDA article 3 application for fiscal year of claim 03/04 64 Resolution No.21- Attachment B Page 1 of 1 TDA Article 3 Project Application Form Fiscal Year of this Claim: 03/04 Applicant: City of Saratoga Contact person: Morgan Kessler Mailing Address: 13777 Fruitvale Avenue, Saratoga CA 95070 E-Mail Address: mkessler@saratoga.ca.us Telephone: (408) 868-1218 Secondary Contact (in event primary not available) John Cherbone E-Mail Address: jcherbone@saratoga.ca.us Telephone: (408) 868-1241 Short Title Description of Project: Saratoga Avenue Pathway Project Amount of claim: $17,254.00 Functional Description of Project: Asphalt concrete & Portland cement concrete walkway along Saratoga Avenue, between Herriman Drive & Big Basin Way Financial Plan: List the project elements for which TDA funding is being requested (e.g., planning, environmental, engineering, right-of-way, construction, construction management, contingency). Use the table below to show the project budget. Include prior and proposed future funding of the project. If the project is a segment of a larger project, include prior and proposed funding sources for the other segments (make certain the use of the currently requested funding is made clear in the “Project Elements” section below, and include any other clarifying information on the next page). Project Elements: Final design, specification, construction, inspection. Funding Source All Prior FYs Application FY Next FY Following FYs Totals TDA Article 3 $103,926.00 $17,254.00 $17,254.00 list all other sources: 1. 2. 3. 4. Totals $103,926.00 $17,254.00 $121,180.00 Project Eligibility: YES?/NO? A.Has the project been approved by the claimant's governing body? (If "NO," on the next page provide the approximate date approval is anticipated). YES B.Has this project previously received TDA Article 3 funding? If "YES," provide an explanation on the next page.YES C.For "bikeways," does the project meet Caltrans minimum safety design criteria pursuant to Chapter 1000 of the California Highway Design Manual? (Available on the internet at: http://www.dot.ca.gov/hq/oppd/hdm/chapters/t1001.htm). D.Has the project been reviewed by a Bicycle Advisory Committee? (If "NO," provide an explanation on the next page).YES E.Has the public availability of the environmental compliance documentation for the project (pursuant to CEQA) been evidenced by the dated stamping of the document by the county clerk or county recorder? (If “NO” provide and explanation on the next page; and note that MTC cannot allocate funds to a project which lacks environmental clearance). YES F.Will the project be completed within the three fiscal year time period (including the fiscal year of funding) after which the allocation expires? Enter the anticipated completion date of project (month and year) YES G.Have provisions been made by the claimant to maintain the project or facility, or has the claimant arranged for such maintenance by another agency? (If an agency other than the Claimant is to maintain the facility provide its name: ) YES 65 SARATOGA CITY COUNCIL MEETING DATE:May 19, 2021 DEPARTMENT:Public Works PREPARED BY:M. Leah Cabute, Environmental Programs Manager SUBJECT:Silicon Valley Clean Energy (SVCE) Community Resilience Program Grant RECOMMENDED ACTION: Authorize the City Manager to sign the Community Resilience Program-Capital Projects Grant Agreement in the amount of $139,444 for Fiscal Year 2021/22. BACKGROUND: Silicon Valley Clean Energy (SVCE)is a community electricity provider that was formed in 2016 as a Joint Powers Authority to reduce dependence on fossil fuels by providing carbon-free, affordable, and reliable electricity. SVCE serves approximately 270,000 residential and commercial electricity customers in the following 13 communities in Santa Clara County: Campbell, Cupertino, Gilroy, Los Altos, Los Altos Hills, Los Gatos, Milpitas, Monte Sereno, Morgan Hill, Mountain View, Saratoga, Sunnyvale,and Unincorporated Santa Clara County. As part of its priority to reinvest locally, SVCE has a community resilience program which will provide $5M in grant funds to member jurisdictions to plan and develop community resilience projects. The City of Saratoga submitted a grant application to help fund its traffic signal back-up battery system. SVCE approved the application and awarded a grant in the amount of $139,444 for installation of the traffic signal battery back-up system for city wide implementation. The Traffic Signal Battery Backup System (BBS) allows the traffic signals to continue operations in the event of a power outage. The BBS would also enable the existing traffic signals to continue to change and adapt based on actual traffic demand during power shut-off. This is particularly important during an emergency that requires evacuation as the traffic adapted system would allow the City to control the traffic lights and maximize the safest and most efficient flow of traffic. A total of $150,000 is currently budgeted for traffic signal backup power. Combined with the grant, the City will have almost $290,000 for the project which is currently estimated to cost $270,000. 66 ATTACHMENTS: Attachment A –SVCE Community Resilience Grant Agreement Attachment B –Community Resilience Program Grant Application Attachment C- Grant Scope of Work 67 -1- 12955-0001\2487827v1.doc SILICON VALLEY CLEAN ENERGY COMMUNITY RESILIENCE PROGRAM – CAPITAL PROJECTS GRANT AGREEMENT THIS AGREEMENT is made and effective as of _________, 2021 (“Effective Date”), by and between the SILICON VALLEY CLEAN ENERGY AUTHORITY ("SVCE"), an independent public agency, and City of Saratoga, a municipal organization (“Recipient”). In consideration of the covenants, conditions and undertakings set forth herein, the parties agree as follows: 1.RECITALS. This Agreement is made with respect to the following facts and purposes which each of the parties acknowledge and agree are true and correct: A.SVCE’s community resilience program (“Program”) will provide $5M in grants to member jurisdictions to plan and develop resilience projects. The grant maximum for each jurisdiction is based on proportion of load as determined by SVCE. B.As a condition of eligibility to receive funding under the Program, projects must: (1) support a critical facility and/or provide community services during a power outage; (2) enable self-sufficient access to power during an outage, or decrease the risk of power outages; and (3) be zero carbon. C.Recipient submitted an application for Program funding, attached hereto and incorporated herein as Exhibit A, for installation of energy resilience infrastructure (“Project”). The scope and estimated budget for the Project are attached hereto and incorporated herein as Exhibit B. D.SVCE finds that the use of Grant Funds described herein furthers a public purpose and meets the goals and objectives established for the Program, and desires to award Recipient a one-time grant pursuant to the terms of this Agreement. 2.GRANT. SVCE hereby agrees to provide funding to Recipient in an amount not to exceed $139,444, subject to the provisions of this Agreement (“Grant Funds”). Such Grant Funds shall be disbursed to Recipient on a reimbursement basis. It is agreed and understood that the Grant Amount is a ceiling and that SVCE will only reimburse the allowable cost of services actually rendered as authorized by SVCE at or below the Grant Amount established herein. 3.REIMBURSEMENT OF GRANT FUNDS. Grant Funds shall be reimbursed pursuant to the following process: A.SVCE shall reimburse Recipient for its actual and reasonable costs of constructing the Project up to the agreed upon Grant Funds. B.Requests for payment submitted to SVCE shall include: 1) an itemized list of all expenditures; 2) supporting documentation that clearly identifies the expenditure(s) in relation to 68 -2- 12955-0001\2487827v1.doc the scope of the Project set forth in Exhibit B of this Agreement; and 3) the Job Impacts Data Collection Worksheet, attached hereto as Exhibit C. Payment requests should be aggregated and submitted no more often than once per month. C.SVCE shall process requests for payment and remit payment within 30 days. D.If, in SVCE’s sole discretion, the request for payment is incomplete, inadequate, or inaccurate, SVCE may dispute the invoice for reasonable cause and hold all or a portion of the payment request until all required information is received or corrected. Any penalties imposed on the Recipient by a contractor, or other consequence, because of delays in payment or other breach of the agreement between the Recipient and the contractor are the responsibility of the Recipient and are not reimbursable under this Agreement. E.Unless otherwise authorized by SVCE in writing, Recipient shall submit all documentation of Project completion, including a final request for payment, within sixty (60) days of Project completion. F.Final payment of remaining Grant Funds, including any amounts withheld from previous payments, shall be paid up to the total amount of the actual Project cost, not to exceed the Grant Funds amount set forth in this Agreement, upon completion of the Project, receipt of the final report and final request for payment from the Recipient in a form and content satisfactory to SVCE. 4.USE OF GRANT FUNDS. Recipient shall use the Grant Funds to support the Program as set forth in Exhibits A and B. Any use(s) of Grant Funds not contemplated in this Agreement must be approved in writing by SVCE. This Agreement was awarded to Recipient based on the application submitted by Recipient with the intention that the awarded funds would be used to implement the Project as described in Exhibit A and Exhibit B. Any substantive deviation during Project implementation may require reevaluation or result in loss of funding. In no event shall Recipient’s Grant Funds or scope of work be increased. If Recipient knows or should have known that substantive changes to the Project will occur or have occurred, Recipient will immediately notify SVCE in writing. SVCE will then determine whether the Project is still consistent with the overall objectives of the Program and whether the changes would have negatively affected the Project ranking during the Grant evaluation process. SVCE reserves the right to have Grant Funds withheld from Recipient, or refunded to SVCE, due to Recipient’s failure to satisfactorily complete the Project or due to substantive changes to the Project. 5.TERM. This Agreement shall commence on the Effective Date, and shall remain and continue in effect until the final Grant Funds are paid to Recipient, unless sooner terminated pursuant to the provisions of this Agreement. Projects must be complete no later than December 31, 2022. 6.REPORTING AND RECORDS. Recipient agrees to cooperate with SVCE and provide requested information, if any, related to the use of Grant Funds and the Project, including for the purposes of SVCE’s evaluation, measurement, and verification activities for the Program. Recipient will cooperate in good faith with SVCE or its authorized representative in performing evaluation, measurement and verification (EM&V) of the Program. Information accessed for 69 -3- 12955-0001\2487827v1.doc EM&V may include, but is not limited to, onsite verification of Project operation, Program compliance, and Project records, analysis of facility billing metered data, analysis of data collected from facility-owned submetering, and collection of supplementary metered data on- site. All information collected will be held confidentially and will be used by SVCE or its authorized representative for Program analysis purposes only. Recipient is responsible for ensuring, through a separate agreement between Recipient and property owner, that property owner shall cooperate with SVCE to provide any documentation and assist in analysis and provide access to the Project site at reasonable times, during the construction of the Project and for a period of up to two (2) years from the completion of the Project. During the course of the Project and for three (3) years thereafter from the receipt of the final Grant Funds, the Recipient agrees to maintain, intact and readily accessible, all communications, data, documents, reports, records, contracts, and supporting materials relating to the Project, as SVCE may require. The Recipient agrees to have financial and compliance audits performed as SVCE may require. 7.LEGAL RESPONSIBILITIES. Recipient shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance under this Agreement. Recipient shall at all times observe and comply with all such ordinances, laws and regulations. SVCE, and its officers and employees, shall not be liable at law or in equity occasioned by failure of Recipient to comply with this Section. 8.PREVAILING WAGES. By accepting the Grant Funds, Recipient as a material term of this Agreement shall be fully responsible for complying with all California public works requirements including but not limited to payment of prevailing wage. Therefore, as a material term of this Agreement, to the extent required by California law, Recipient shall ensure that prevailing wages are paid, that the project budget for labor reflects these prevailing wage requirements, and that the project complies with all other requirements of prevailing wage law, including that Recipient’s subcontractors also comply with all applicable public works/prevailing wage requirements. 9.PROCUREMENT. At minimum, Recipient shall solicit at least three bids and select the lowest bidder when procuring goods or services, where the costs are eligible for reimbursement under this Agreement. In the event the Recipient is required by statute or policy to solicit additional bids or follow a more stringent solicitation process, Recipient shall follow such process. 10.CALIFORNIA PUBLIC RECORDS ACT. Recipient acknowledges that SVCE is subject to the California Public Records Act (Gov. Code § 6250 et seq.). SVCE acknowledges that Recipient may submit information to SVCE that Recipient considers to be confidential, proprietary, or trade secret information. Only such information clearly designated in writing as “confidential” shall be deemed “Confidential Information.” Upon request or demand of any third person or entity (“Requestor”) for the production, inspection, and/or copying of Confidential Information, SVCE shall notify Recipient that such request has been made. Recipient shall be solely responsible for taking whatever legal steps are necessary to protect Confidential Information and to prevent its release to the Requestor. Without limiting SVCE’s right to disclose Confidential Information as may be required by law, if Recipient takes no such action 70 -4- 12955-0001\2487827v1.doc after receiving the foregoing notice from SVCE, SVCE shall be permitted to release information it deems subject to disclosure. 11.NOTICES. Any notices provided under this Agreement must be in writing and may be given either by mail or e-mail to the following addresses: SVCE:Silicon Valley Clean Energy Authority 333 W. El Camino Real #290 Sunnyvale, CA 94087 Attention: _______________ RECIPIENT:City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Attention: Debbie Bretschneider, City Clerk 12.INDEPENDENT CONTRACTOR. A.Recipient shall at all times remain as to the SVCE a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Recipient shall at all times be under Recipient's exclusive direction and control. Neither SVCE nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Recipient or any of Recipient's officers, employees, or agents except as set forth in this Agreement. Recipient shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the SVCE. Recipient shall not incur or have the power to incur any debt, obligation or liability whatever against SVCE, or bind SVCE in any manner. B.No employee benefits shall be available to Recipient in connection with the performance of this Agreement. Except for the fees paid to Recipient as provided in the Agreement, SVCE shall not pay salaries, wages, or other compensation to Recipient for performing services hereunder for SVCE. SVCE shall not be liable for compensation or indemnification to Recipient for injury or sickness arising out of performing services hereunder. 13.INDEMNIFICATION.Recipient shall indemnify, protect, defend and hold harmless SVCE, its elected officials, officers, employees, volunteers, and representatives from any and all suits, claims, demands, losses, defense costs or expenses, actions, liability or damages of whatsoever kind and nature which SVCE, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Recipient’s acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement. 14.INSURANCE. A.On or before the commencement of the term of this Agreement, Recipient shall furnish SVCE with certificates showing the type, amount, class of operations covered, effective 71 -5- 12955-0001\2487827v1.doc dates, and dates of expiration of insurance coverage in compliance with the requirements in this Section. Recipient shall maintain such coverage in full force at all times for the duration of this Agreement, at its sole cost and expense. Nothing herein shall be construed as a limitation on Recipient indemnification obligations under this Agreement. B.Recipient shall maintain the following minimum insurance coverages: 1)Workers’ compensation, as required by the State of California; 2)Commercial general liability coverage with minimum limits of $1,000,000 per occurrence and $2,000,000 aggregate for bodily injury and property damage. ISO occurrence Form CG 0001 or equivalent is required; 3)Comprehensive automotive liability coverage with minimum limits of $1,000,000 per accident for bodily injury and property damage. ISO Form CA 0001 or equivalent is required. C.Such coverages shall be issued by an insurer(s) licensed to conduct business in the State of California, with a minimum A.M. Best’s Insurance Rating of A:VII unless otherwise approved in writing as satisfactory to SVCE. D.The insurance limits required by SVCE are not represented as being sufficient to protect Consultant. Recipient is advised to confer with its insurance broker to determine adequate coverage for Recipient. 15.DEFAULT AND TERMINATION. Should an Event of Default occur, SVCE shall provide a notice of default to Recipient and shall give Recipient at least fifteen (15) calendar days from the date the notice is sent to cure the Event of Default. If Recipient fails to cure the Event of Default within the time prescribed, SVCE may, at SVCE’s sole discretion, withhold Grant Funds not yet disbursed hereunder, require the return or repayment of Grant Funds already disbursed, and/or terminate this Agreement by written notice which shall be effective upon receipt by Recipient. “Event of Default” shall mean the occurrence of any one or more of the following events by Recipient: (a) any false statement, representation, or warranty contained in this Agreement, the Application, or any other document submitted to SVCE; (b) failure to comply with applicable laws; (c) a failure to maintain in effect any policy of insurance required under this Agreement; or (d) a material breach of this Agreement. 16.NON-APPROPRIATION. Recipient acknowledges that SVCE is a public agency. In the event that sufficient funds for the performance of this Agreement are not appropriated by the SVCE Board of Directors in any fiscal year covered by this Agreement, this Agreement may be terminated by SVCE, without penalty, by giving notice to Recipient of such facts and of SVCE’s intention to terminate. 17.NON-WAIVER. Failure to exercise any right the SVCE may have or be entitled to, in the event of default hereunder, shall not constitute a waiver of such right or any other right in the event of a subsequent default. 72 -6- 12955-0001\2487827v1.doc 18.AMENDMENT OF AGREEMENT. No modification, rescission, waiver, release or amendment of any provision of this Agreement shall be made except by a written agreement executed by the Recipient and the SVCE. 19.ASSIGNMENT PROHIBITED. In no event shall the Recipient assign or transfer any portion of this Agreement. 20.GOVERNING LAW. This Agreement shall be governed by the laws of the State of California. Any legal action brought under this Agreement must be instituted in the Superior Court of the County of Santa Clara, State of California. 21.NO THIRD-PARTY BENEFIT. The provisions of this Agreement are for the sole benefit of the parties hereto and confer no rights, benefits, or claims upon any person or entity not a party hereto. 22.SEVERABILITY. If any provision of this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way. The parties agree to replace any invalid provision with a valid provision that most closely approximates the intent and economic effect of the invalid provision. 23.RECIPIENT'S AUTHORITY. Recipient represents and warrants that (a) it has the power and authority to enter into this Agreement and to perform its obligations hereunder; (b) the person who executes this Agreement on its behalf has the necessary authority to bind Recipient; and (c) neither the execution and delivery of this Agreement nor the performance of its obligations hereunder will constitute a violation of, a default under, or conflict with any term of any governance documents or other agreements to which it is bound. 24.COUNTERPARTS. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which shall be taken together and deemed to be one instrument. Faxed and PDF counterpart signatures are sufficient to make this Agreement effective. 25.ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed the day and year first above written. 73 -7- 12955-0001\2487827v1.doc SILICON VALLEY CLEAN ENERGY AUTHORITY ________________________________ APPROVED AS TO FORM: ________________________________ Greg Stepanicich, General Counsel [COMPANY] By: _____________________________ Name: Title: By: _____________________________ Name: Title: [*Note: Signatures of two corporate officers are required for corporations – First signature must be one of the following: 1) the chairman of the board; 2) the president; or 3) any vice president. The second corporate signature must be one of the following: 1) the secretary; 2) any assistant secretary; 3) the chief financial officer; or 4) any assistant treasurer. Signature of City Manager is required for cities.] 74 -8- 12955-0001\2487827v1.doc EXHIBIT A See attached Grant Application 75 -9- 12955-0001\2487827v1.doc EXHIBIT B See attached Scope of Work 76 -10- 12955-0001\2487827v1.doc EXHIBIT C Job Impacts Data Collection Worksheet Silicon Valley Clean Energy Community Resilience Program Job Impacts Data Collection Worksheet Instructions: The form should be completed and submitted with each invoice. Each contractor and subcontractor should complete a separate form. The information will be used by SVCE to better understand the economic impacts of program investments and will have no impact on payment or performance evaluation of the grantee or contractors. Please be as accurate and complete as possible. Position Title Total Employees in Position* Average Hourly Wage Total Hours Worked** Employer- Sponsored Health Benefits? Y/N Solar Installer Installation Supervisor Add rows*** *Sum of all individual employees with at least (1) labor hour during the invoice period **Sum of all the hours of all employees at this title/wage for the invoice period ***Add rows as need for additional employees Note: If this reporting system does not align with the funding source of your project, please contact SVCE to discuss possible reporting alternatives. 77 Exhibit A- Grant Application 78 79 80 81 82 City of Saratoga Traffic Signal Battery Back-up System (BBS) Project Proposed Grant-Funded Project Scope of Work 1 Introduction The City of Saratoga – Traffic Signal Battery BBS project includes the replacement of aged and damaged battery back-up systems at 14 traffic signal locations in the City. The BBS systems will operate the traffic signal in normal operation for two (2) hours following a power failure event and then transition into a Flash Red operation for power failure events that exceed two hours until battery life is expended, estimated up to an additional 6-8 hours of Flash Red operation. To minimize civil reconstruction work in the field the City will be utilizing new “Top Mount Enclosures” that are mounted on top of existing traffic signal cabinets. The enclosures will house the BBS Power Interface Module (PIM) that monitors and actives the battery equipment in the event of a power failure and the battery equipment (3 batteries per intersection). The City will also be installing Power General By-Pass switches at each traffic signal so that in the event of long- term power outages the City can deploy gas-powered generates to operates the traffic signals until power is restored ensuring safe roadway operations for the public. Scope of Work The project will be implemented in three distinct phases/tasks: Task 1 – Material Procurement (Clary Systems) The City will purchase BBS equipment directly from the Clary Systems, preferred BBS equipment due to Top Mount Enclosure functionality, and furnish the equipment to a contractor for installation. Direct purchase of the equipment will help the City reduce BBS equipment mark-up fees from 3rd party distributors and contractors. Task 2 – Traffic Signal BBS System Installation The City will issue a Request for Bids (RFB) from qualified electrical contractors to install the BBS equipment at the City’s traffic signals. Installation will require the following tasks: Removal of aged or damaged battery back-up equipment in the field Installation of Top Mount Enclosures on top of traffic signal cabinets Intercept of existing PG&E power at the traffic signal cabinet and redirect into the BBS Power Interface Module for power failure monitoring. Installation of By-Pass Switches for As Needed Gas Power Generator support 83 City of Saratoga Traffic Signal Battery Back-up System (BBS) Project Proposed Grant-Funded Project Scope of Work 2 Task 3 – Project Management and Design Support The City will utilize consultant support to manage the material procurement in Task 1 and assist in the development of RFB documents to on-board an electrical contractor for the project in Task 3. The consultant team will include experts in the installation and operation of Traffic Signal BBS Systems. The consultant team will be on-site during construction activities to ensure safe and proper termination of the BBS equipment within the traffic signal cabinet enclosures and where feasible, integrate monitoring capabilities with the City’s Smart City Signals traffic signal management system. Monitoring will allow the City to be notified when PG&E power failures occur via email notifications to the City. Project Schedule Task Description June July Aug Sept Oct Nov Dec Jan Feb March April May June July Aug Sept Oct Nov Dec 1 BBS Material Procurement 2A Request for Bids Development 2B Request for Bids Solicitation/Awards 2C BBS Field Deployment 3 Project Administration The City anticipates completion of the project by December 2022. 84 City of Saratoga Traffic Signal Battery Back-up System (BBS) Project Proposed Grant-Funded Project Scope of Work 3 Project Cost Estimate: Task 1 Traffic Signal BBS Materials:$130,000 - Clarry BBS Systems - 14 Intersections Task 2 Construction Cost Estimate:$119,000 - Est, $8,500 Per Intersection Task 3 Project Management & Design Support:$19,800 - 120 Hours @ $165/Hr Project Cost Estimate:$268,800 85 SARATOGA CITY COUNCIL MEETING DATE:May 19, 2021 DEPARTMENT:Community Development Department PREPARED BY:Frances Reed, Administrative Technician SUBJECT:Budget Adjustment and Contract Amendment for Building Inspection Services with 4Leaf, Inc. RECOMMENDED ACTION: 1.Adopt the attached resolution approving an adjustment to the FY 2020/2021 Operating & Capital Improvement Budget for Building Inspection Services; AND 2.Authorize the City Manager to execute a contract amendment for as-needed building inspection services with 4Leaf, Inc. for a not-to-exceed amount of $117,000. BACKGROUND: Saratoga building activity has been strong year to-date and department revenue is expected to be correspondingly solid.This increase in activity has required more contract building inspection services than initially budgeted in the FY 2020/21 budget. The City Council approved a budget adjustment resolution in December 2020 to increase funding for building inspection services from $30,000 to $75,000. A second budget adjustment is needed to increase funding by $42,000, totaling $117,000. The City has contracted with 4Leaf, Inc. since 2017 for as-needed inspection services, with the current contract in place for the FY 2020/21. Contract inspectors are used when additional coverage is needed to ensure that services are provided in a timely manner. In addition to the budget adjustment, staff is recommending that the City Council authorize the City Manager to execute an amended agreement with 4Leaf for as-needed building inspection services in an amount not to exceed $117,000. FISCAL IMPACT: Inspection Services is currently allocated $75,000 in the Fiscal Year 2020/21 Operating Budget. This contract request requires City Council to approve a budget adjustment resolution for Fiscal Year 2020/21 in the amount of $42,000, for a total of annual amount of $117,000 for Building Inspections Services. ATTACHMENTS: 86 2 | P a g e A. Budget Adjustment Resolution B. Proposed FY 2020-2021 4Leaf, Inc. Contract Amendment 87 RESOLUTION NO. 21- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING THE FY 2020-2021 OPERATING & CAPITAL BUDGET TO APPROPRIATE ADDITIONAL FUNDING FOR BUILDING INSPECTION SERVICES WHEREAS, the City of Saratoga FY 2020/21 Operating & Capital Budget allocated $30,000 for Building Services – Consultant and Contract Expenditures for Fiscal Year 2020/21; and WHEREAS, City Council amended the budget in December 2020 to a not-to-exceed amount of $75,000; and WHEREAS, building activity for year-to-date demonstrates a year-over-year increase; and WHEREAS, building staff augmentation needs increased; and WHEREAS, adoption of the budget adjustment resolution will amend the Fiscal Year 2020/21 City of Saratoga FY 2020/21 Operating & Capital Budget to account for the increased expenditure as follows: Account Description Account #Increase Amount To appropriate additional funding for As-Needed Building Inspection Services: Building Inspection Services 111.4201.64173 $42,000 NOW, THEREFORE, be it resolved that the City Council of the City of Saratoga hereby approves the above adjustment to the FY 2020/21 Operating & Capital Budget. The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 19th day of May 2021 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Yan Zhao, Mayor ATTEST: DATE: Debbie Bretschneider, CMC City Clerk 88 89 90 SARATOGA CITY COUNCIL MEETING DATE: May 19, 2021 DEPARTMENT: Community Development Department PREPARED BY: Frances Reed, Administrative Technician SUBJECT: Budget Adjustment – Community Development Department Credit Card Fees RECOMMENDED ACTION: Adopt the attached resolution approving an adjustment to the FY 2020-21 Operating Budget for Community Development Department (Building and Planning) Credit Card Fees. BACKGROUND: With the onset of COVID restrictions, the Community Development tried hard to offer as much service to the public as possible, even with closed doors, by converting permit submittals, reviews and approvals to online service. Square is the current remote credit card vendor for the City. The impact of performing services online was an increase in credit card fees charged by Square for permit and applications fees paid by applicants. FISCAL IMPACT: The FY 2020-2021 Operating Budget appropriated $25,500 for credit card fees for the Community Development Department (Building and Planning). The Budget Adjustment requests an increase of $30,000 for Building Division credit card fees and $12,000 for Planning Division application credit card fees. ATTACHMENT: A. Budget Adjustment Resolution 91 RESOLUTION NO. 21- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING THE FY 2020-2021 OPERATING & CAPITAL BUDGET TO APPROPRIATE ADDITIONAL FUNDING FOR CREDIT CARD FEES WHEREAS, the City of Saratoga FY 2020/21 Operating & Capital Budget allocated $25,500 for Credit Card Convenience Fees for Fiscal Year 2020/21; and WHEREAS, as a result of the pandemic, an increasing number of services were paid for online and costs will exceed the funding for credit card fees in the FY 2020/21 Budget; and WHEREAS, adoption of the budget adjustment resolution will amend the Fiscal Year 2020/21 City of Saratoga FY 2020/21 Operating & Capital Budget to account for the increased expenditure as follows: Account Description Account #Increase Amount To appropriate additional funding for Community Development Department credit card fees: Building credit card fees 111.4201.62112 $30,000 Planning credit card fees 111.4101.62112 $12,000 NOW, THEREFORE, be it resolved that the City Council of the City of Saratoga hereby approves the above adjustment to the FY 2020/21 Operating & Capital Budget. The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 19th day of May 2021 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Yan Zhao, Mayor ATTEST: DATE: Debbie Bretschneider, CMC City Clerk 92 SARATOGA CITY COUNCIL MEETING DATE:May 19, 2021 DEPARTMENT:Public Works PREPARED BY:Emma Burkhalter, Associate Engineer SUBJECT:Quito Road Cost Share Agreement with the City of San Jose RECOMMENDED ACTION: Approve the Quito Road Cost Share Agreement with the City of San Jose. BACKGROUND: In 2020, the City of San Jose (San Jose) approached the City of Saratoga (Saratoga) to let Saratoga Staff know that they intended to repave the sections of Quito Road that fall within San Jose’s jurisdiction between Saratoga Avenue and 255 feet north of Aspesi Drive. San Jose proposed a cost share agreement which would allow San Jose to repave the sections of Quito Road that fall within Saratoga’s jurisdiction as well, and Saratoga would reimburse San Jose for the work within Saratoga’s city limits. By paving the full stretch of Quito Road between Saratoga Avenue and 255 feet north of Aspesi Drive, San Jose was able to get a better price on asphalt and residents will not have to transition between old and new road surface whenever the city limit line crosses the road. This will also allow for both cities to develop a comprehensive striping plan to improve conditions for bicyclists and calm traffic. It is therefore recommended that City Council approve the Quito Road Cost Share Agreement with the City of San Jose in the amount of $272,959. FISCAL STATEMENT: The FY 21/22 Pavement Management Program will provide the funding for Saratoga’s portion of the cost share. ATTACHMENTS: Attachment A –Quito Road Cost Share Agreement with the City of San Jose 93 Page 1 of 8 AGREEMENT BETWEEN THE CITY OF SARATOGA AND CITY OF SAN JOSE FOR PAVEMENT SEALING OF QUITO RD BETWEEN SARATOGA AV AND APPROXIMATELY 255 FT NORTH OF ASPESI DR This Agreement (herein “Agreement”) is made and entered into this ___ day of ____________, 2021, (herein the “Effective Date”) by and between the City of Saratoga, a California municipal corporation, with its principal place of business located at 13777 Fruitvale Avenue , Saratoga, CA 95070 (herein “SARATOGA”) and the City of San José, a California chartered municipal corporation, with its principal place of business located at 200 E. Santa Clara St., San José, CA 95113 (herein “SAN JOSE”). SARATOGA and SAN JOSE may be referred to herein individually as a “Party” or as “City” or collectively as the “Parties,” “Cities,” or the “Parties to this Agreement.” RECITALS WHEREAS: A.SARATOGA and SAN JOSE contemplate micro surfacing the roadway at Quito Road between Saratoga Avenue and Aspesi Drive, over which SARATOGA and SAN JOSE have jurisdiction; and B.It is in the public interest for CITY and SAN JOSE to complete the PROJECT (as defined in Section 1, below) in a cooperative and economical manner by constructing SARATOGA’s and SAN JOSE’s portions of the PROJECT together; and C.The Parties acknowledge SAN JOSE is the California Environmental Quality Act (“CEQA”) Lead Agency for the PROJECT, and SAN JOSE’s compliance with CEQA is a precondition to any construction of the PROJECT, including SARATOGA’s portion; and D.Each Party has agreed to perform its portion of the work as described herein, under its own direction. In consideration of the above referenced recitals and the following mutual covenants, agreements and obligations of the parties, CITY and SAN JOSE agree as follows: AGREEMENT PROVISIONS 1.PROJECT DESCRIPTION: The work to be performed under this Agreement will consist of removing and replacing structurally failed areas up to 3 inches in depth of asphalt, adjusting utility covers, micro surfacing, replacement of traffic markings, and markers and legends. The work to be performed is more fully described in the document entitled “Scope of Work and Schedule of Performance” set forth in Exhibit A, attached and incorporated by reference. The City limit between SARATOGA and SAN JOSE along Quito Road between Saratoga Avenue and approximately 255 feet north of Aspesi Drive is described in Exhibit A. Approximately 34% of Quito Road between Saratoga Avenue and Aspesi Drive is within SARATOGA’s jurisdiction and 66% is within SAN JOSE’s jurisdiction. SARATOGA will be responsible for 100% of SARATOGA Construction Cost (as defined herein) within its jurisdiction. 94 Page 2 of 8 2.SAN JOSE’S OBLIGATIONS: SAN JOSE agrees as follows: A.To act as the lead agency to administer the construction of the PROJECT. Administration shall include preparation of specifications, contract documents and cost estimate; notification of local business; coordination with various agencies; preparation of all necessary environmental documents; obtaining permits; obtaining bids; awarding the construction agreement; administering the construction agreement; providing materials control and inspection services; and making progress payments to the contractor. B.To promptly provide SARATOGA with awarded final specifications and contract documents for the PROJECT. C.To cooperate with SARATOGA should SARATOGA raise any issues concerning the work in SARATOGA’s jurisdiction that requires correction by the selected contractor prior to acceptance or within the warranty period of the PROJECT. E.To assign as the designated project manager for SAN JOSE for the duration of the PROJECT Anie Yeh (email: anie.yeh@sanjoseca.gov). SAN JOSE’s project manager shall have all the necessary authority to direct technical and professional work within the scope of the Agreement and shall serve as the principal point of contact with SAN JOSE. F.To keep and maintain a complete copy of all records regarding costs and expenditures relating to the PROJECT, together with a complete copy of all plans, specifications, reports, contracts and other documents relating to the PROJECT, and the same shall be available for inspection by SARATOGA at any time during usual business hours. G.To allow SARATOGA staff reasonable access to the PROJECT site, at all reasonable times and upon advance notice, to perform observation of any work on the SARATOGA portion of the PROJECT. H.To provide SARATOGA with a copy of as-built record drawings for the PROJECT including specifically the SARATOGA portion thereof. I.To include, in its contract with the contractor on the PROJECT, a requirement that the contractor include SARATOGA its officials, officers, employees and agents as additional insureds, and that the contractor indemnify SARATOGA, its officials, officers, employees and agents to the same extent that SAN JOSE is indemnified. J.To include a clause in its contract with the contractor on the PROJECT that SARATOGA is an intended third-party beneficiary of the construction contract. K.To require the contractor on the PROJECT obtain all required permits and approvals for all PROJECT work, including work associated with the SARATOGA portion thereof. L.To provide a final accounting of all PROJECT costs associated with the SARATOGA portion of the PROJECT to SARATOGA within thirty (30) days after the Parties accept the PROJECT as complete. 95 Page 3 of 8 3.SARATOGA’S OBLIGATION: SARATOGA agrees as follows: A.Pay for 100% of SARATOGA’s Construction Cost plus an additional 10% of SARATOGA’s Construction Cost to pay for Project Delivery (as defined herein), which is considered to be SARATOGA’s cost share of the PROJECT. Total payments made by SARATOGA under this Agreement shall not exceed the maximum amount of Two Hundred Seventy-Two Thousand Nine-Hundred Fifty-Nine Dollars ($272,959) (“Total Reimbursement Amount”). B.“Project Delivery” is defined as engineering, construction management, and associated management and administrative services provided by SAN JOSE as lead agency for the PROJECT. C.The Parties understand that the Project Cost is based upon the engineer’s estimates and prior to public works bidding for PROJECT, as set forth in Exhibit “B”. The engineer’s estimate includes a 10% construction contingency which is consistent with SAN JOSE’s practice for public works construction contracts awarded to the lowest responsive and responsible bidder as an allowance for potential contract change orders. Should actual costs based upon SAN JOSE’s construction contractor’s public works bid exceed the Total Reimbursement Amount, Parties shall confer, and any agreement to increase the Total Reimbursement Amount shall be documented in writing by a written amendment to this Agreement. D.To pay its share of the Project Cost within forty-five (45) business days of receiving and approving the detailed invoice from SAN JOSE, provided that the following conditions are met: 1.The PROJECT has been completed and SARATOGA has approved the portion of the work in its jurisdiction. Acceptance by CITY shall be made in writing to SAN JOSE. CITY may request documentation of such costs, and may review the original invoices and weight certificates or request copies of same, which shall be provided within a reasonable time. 2.The detailed invoice sets forth the cost of construction of all PROJECT work based on the actual contract unit prices paid and negotiated change order(s), if any. 3.SAN JOSE shall invoice SARATOGA only one (1) time which shall occur after PROJECT completion, and this invoice shall be considered as the final detailed invoice for the PROJECT. E.To assign as the designated project manager for SARATOGA for the duration of the PROJECT Emma Burkhalter (email:eburkhalter@saratoga.ca.us). SARATOGA’s project manager shall have all the necessary authority to review and approve and accept technical and professional work within the scope of the Agreement and shall serve as the principal point of contact with SAN JOSE. 4.TERM OF AGREEMENT: A.Unless otherwise modified by a written amendment to this Agreement, the term of this Agreement shall be until PROJECT acceptance by both parties and final payments of all outstanding balances. B.Consistent with City of San José Standard Specifications, Section 7-1.23, SAN JOSE shall cause the contractor to provide a warranty period of at least one (1) year from the acceptance date. 96 Page 4 of 8 5.OWNERSHIP AND MAINTENANCE: A.Upon completion of all work under this Agreement, ownership and title to all materials, equipment and appurtenances installed as a part of the PROJECT within the City limits of SAN JOSE will automatically be vested in SAN JOSE, and all materials, equipment and appurtenances installed as a part of the PROJECT within the city limits of SARATOGA will be vested in SARATOGA, and no further agreement will be necessary to transfer ownership. B.This Agreement does not change any authority or responsibility between SARATOGA and SAN JOSE with regard to maintenance, operation or further repair responsibility. 6.CONTRACTOR SHALL BE AN INDEPENDENT CONTRACTOR: Any contractor(s) hired by any Party to perform the work included in the PROJECT shall not be an agent or employee of any Party and will perform such work as independent contractor. All persons employed by or contracted with such contractor(s) to furnish labor and/or materials in connection with the work in the PROJECT shall not be employees of any Party in any respect. The Parties agree and intend that SAN JOSE and SARATOGA are independent entities and do not intend by this Agreement to create any partnership, joint venture, or similar business arrangement, relationship or association between them, except as may be agreed to expressly by this Agreement. 7.TERMINATION: Once SAN JOSE has awarded the construction contract for the PROJECT, the Agreement can be terminated only upon the mutual written consent and terms acceptable to all Parties. 8.NO PLEDGING OF EITHER CITY’S CREDIT: Under no circumstances shall either SARATOGA or SAN JOSE have authority or power to pledge the credit of the other public entity or incur obligation in the name of the other public entity. 9.NO THIRD PARTY BENEFICIARY: This Agreement shall not be construed or deemed to be an agreement for the benefit of any third party or parties and no third party or parties shall have any claim or right of action hereunder for any cause whatsoever. 10.AMENDMENTS: No alternation or violation of the terms of this Agreement shall be valid unless made in writing and signed by the parties and incorporated into this Agreement 11.NOTICES: Notices are to be sent as follows: To SAN JOSE: Anie Yeh Associate Engineer - Department of Transportation City of San José 1404 Mabury Road San José, CA 95133 97 Page 5 of 8 To SARATOGA:Emma Burkhalter Associate Engineer City of Saratoga 13777 Fruitvale Ave Saratoga, CA 95070 Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 12.SEVERABILITY CLAUSE: In case any one or more of the provisions contained herein shall, for any reason, be held invalid, illegal, or unenforceable in any respect, it shall not affect the validity of the other provisions which shall remain in full force and effect. 13.ENCROACHMENT PERMITS: All Parties to this Agreement will cooperate and/or provide access to its consultants, engineers and contractors for the PROJECT in the jurisdictional boundaries of each Party. Contractor shall obtain street opening permit from SARATOGA and SARATOGA shall provide such a permit at no cost. 14.HOLD HARMLESS/INDEMNIFICATION: It is understood and agreed that pursuant to California Government Code Section 895.4, that each Party shall fully indemnify and hold the other Party harmless from any liability imposed for injury (as defined in Government Code Section 810.8) by reason of anything done or omitted to be done by the indemnifying Party in connection with any work, authority or jurisdiction delegated to the respective Party under this Agreement. This hold harmless and indemnification provision shall apply to any activities, errors or omissions of the indemnifying Party and/or that Party’s officers, employees, agents, or any person or entity acting or omitting to act for or on behalf of said Party or such person or entities as are specifically authorized and empowered by that Party to act for it. For the activities, errors, and/or omissions of the contractor retained for the Project, each Party shall defend, indemnify and hold harmless the other Party to the fullest extent legally possible for all work performed in the indemnifying Party’s jurisdiction. 15.CAPTIONS: The captions of the various sections, paragraphs and subparagraphs of this Agreement are for convenience only and shall not be considered nor referred to for resolving questions of interpretation of this Agreement. 16.INSURANCE REQUIREMENTS: SAN JOSE shall require any contractor awarded a contract for any portion of the work to be done on the PROJECT to secure and maintain in full force and effect at all times during construction and performance of the PROJECT, and until said PROJECT is accepted by all Parties, and any other time periods specified in the 2021 MAJOR STREETS REMOVE & REPLACE AC PAVEMENT PROJECT and 2021 MAJOR STREETS SEALING PROJECT contract documents, insurance coverage described below,at no additional cost to either SAN JOSE or SARATOGA, with coverage amounts, required endorsements, certificates of insurance, and coverage verifications satisfactory and acceptable to all Parties. SARATOGA, its respective City Council, Board of Supervisors, commissions, officers, employees, 98 Page 6 of 8 volunteers andagents shall be added as additional insureds on the commercial general liability policy with respect to liability arising out of the contractor’s work for SAN JOSE on this Project. It is mutually understood that during the term of the construction activities on the PROJECT, SAN JOSE will require the selected contractor to carry commercial general liability in amounts of not less than Two Million Dollars ($2,000,000) per occurrence; automobile liability in an amount not less than Two Million Dollars ($2,000,000) per accident; and a Workers’ Compensation Insurance policy as required by the State of California, with Statutory and Employer’s Liability Insurance limits of not less than One Million Dollars ($1,000,000). 17.STATUTES AND LAW GOVERNING CONTRACT: This Agreement shall be governed and construed in accordance with the statues and laws of the State of California. SAN JOSE shall require that any contractor awarded a contract for any portion of the work to be done on the PROJECT comply with the requirements for prevailing wage under Labor Code Section 1770, et seq. The PROJECT shall be paid for and constructed in accordance with all ordinances, resolutions, rules, regulations, and laws of SAN JOSE to the extent they are consistent with state statutes and the ordinances, resolutions, rules, regulations and laws of SARATOGA. 18.WAIVER: The Parties’ waiver of any term, condition or covenant, or breach of any term, condition or covenant shall not be construed as a waiver of any other term, condition or covenant or breach of any other term, condition or covenant. 19.ENTIRE AGREEMENT: This Agreement contains the entire Agreement between SARATOGA and SAN JOSE relating to the PROJECT. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. 20.OTHER AGREEMENTS: This Agreement shall not prevent either Party from entering into similar agreements with others. The Parties acknowledge and accept the terms and conditions of this Agreement as evidencedby the following signatures of their duly authorized representatives. It is intent of the Parties that this Agreement shall become operative on the effective date. 99 Page 7 of 8 The Parties acknowledge and accept the terms and conditions of this Agreement as evidenced by the following signatures of their duly authorized representatives. It is the intent of the Parties that this Agreement shall become operative on the Effective Date. CITY OF SARATOGA, CALIFORNIA, 13777 Fruitvale Ave Saratoga, CA 95070 Phone: (408) 868-1239 APPROVED AS TO FORM: __________________________________________________________________________ RICHARD TAYLOR Date JAMES LINDSAY Date City Attorney City Manager ATTEST: ___________________________________ DEBBIE BRETSCHNEIDER City Clerk CITY OF SAN JOSE, CALIFORNIA 200 E. Santa Clara Street San José, CA 95113 Phone: (408) 277-5777 Fax: (408) 277-3131 APPROVED AS TO FORM: __________________________________________________________________________ JON CALEGARI Date LELAND WILCOX Date Deputy City Attorney Chief of Staff Office of the City Manager 100 T-40576\1785117 Page 1 of 1 EXHIBIT “A” SCOPE OF WORK AND SCHEDULE OF PERFORMANCE The PROJECT consists of removing and replacing structurally failed areas up to 3 inches in depth of asphalt concrete, micro surfacing the pavement surface, adjusting utility covers, and replacement of affected traffic striping on the areas illustrated below. Approximately 66% of Quito Road between Saratoga Avenue and approximately 255’ north of Aspesi Drive is within SAN JOSE’s jurisdiction and 34% is within SARATOGA’s jurisdiction. The SARATOGA owned portion are the entire segment between Cox Avenue and McCoy Avenue, and the southbound lanes from McCoy Avenue to approximately 255’ north of Aspesi Drive. SAN JOSE is to deliver the PROJECT and prepare pavement design,and striping plans within the PROJECT limits. The work to be performed is fully described in the 2021 MAJOR STREETS REMOVE & REPLACE AC PAVEMENT PROJECT and 2021 MAJOR STREETS SEALING PROJECT contract documents. The above-mentioned contract documents are herein incorporated to this Agreement by reference. Figure: Project Limit and Location Map 101 T-40576\1785117 Page 1 of 1 EXHIBIT “B”: COST ESTIMATE San Jose -Quito Cost Share Agreement(1369463.1).docx 102 SARATOGA CITY COUNCIL MEETING DATE:May 19, 2021 DEPARTMENT:Public Works PREPARED BY:Emma Burkhalter, Associate Engineer SUBJECT:California Per Capita Grant Authorizing Resolution RECOMMENDED ACTION: Approve the Per Capita Grant Authorizing Resolution. BACKGROUND: The California Department of Parks and Recreation has allocated $177,952 for the City of Saratoga, plus an additional $18,889 for being in a Heavily Urbanized County, as part of their Per Capita Program. The Parks and Water Bond Act of 2018 (Proposition 68) established this program which was approved by voters on June 5, 2018. The grant funds may only be used for existing park infrastructure. Before Staff can proceed with submitting applications for the grants, City Council must approve the Per Capita Grant Authorizing Resolution. It is therefore recommended that City Council approve the Per Capita Grant Authorizing Resolution. FISCAL STATEMENT: Projects require a 20% local match. Saratoga must contribute $39,368.20 to use the full amount of the allocation.This amount is proposed in the FY21/22 budget. ATTACHMENTS: Attachment A –Per Capita Grant Authorizing Resolution 103 RESOLUTION NO. 21-____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPROVING APPLICATION(S) FOR PER CAPITA GRANT FUNDS WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility by the Legislature of the State of California for the administration of the Per Capita Grant Program, setting up necessary procedures governing application(s); and WHEREAS, said procedures established by the State Department of Parks and Recreation require the grantee’s Governing Body to certify by resolution the approval of project application(s) before submission of said applications to the State; and WHEREAS, the grantee will enter into a contract(s) with the State of California to complete project(s); NOW, THEREFORE BE IT RESOLVED,that the Saratoga City Council hereby: 1. Approves the filing of project application(s) for Per Capita program grant project(s); and 2. Certifies that said grantee has or will have available, prior to commencement of project work utilizing Per Capita funding, sufficient funds to complete the project(s); and 3. Certifies that the grantee has or will have sufficient funds to operate and maintain the project(s); and 4. Certifies that all projects proposed will be consistent with the park and recreation element of the City’s general or recreation plan (PRC §80063(a)); and 5. Certifies that these funds will be used to supplement, not supplant, local revenues in existence of June 5, 2018 (PRC §80062(d)); and 6. Certifies that it will comply with the provisions of §1771.5 of State Labor Code; and 7. (PRC §80001(b)(8)(A-G)) To the extent practicable, as identified in the “Presidential Memorandum—Promoting Diversity and Inclusion in Our National Parks, National Forests, and Other Public Lands and Waters,” dated January 12, 2017, the City will consider a range of actions that include, but are not limited to, the following: (A)Conducting active outreach to diverse populations, particularly minority, low-income, and disabled populations and tribal communities, to increase awareness within those communities and the public generally about specific programs and opportunities. (B)Mentoring new environmental, outdoor recreation, and conservation leaders to increase diverse representation across these areas. (C)Creating new partnerships with state, local, tribal, private, and nonprofit organizations to expand access for diverse populations. (D)Identifying and implementing improvements to existing programs to increase visitation and access by diverse populations, particularly minority, low-income, and disabled populations and tribal communities. (E) Expanding the use of multilingual and culturally appropriate materials in public communications and educational strategies, including through social media strategies, as appropriate, that target diverse populations. 104 (F) Developing or expanding coordinated efforts to promote youth engagement and empowerment, including fostering new partnerships with diversity-serving and youth- serving organizations, urban areas, and programs. (G)Identifying possible staff liaisons to diverse populations. 8. Agrees that to the extent practicable, the project(s) will provide workforce education and training, contractor and job opportunities for disadvantage communities (PRC §80001(b)(5)). 9. Certifies that the grantee shall not reduce the amount of funding otherwise available to be spent on parks or other projects eligible for funds under this division in its jurisdiction. A one-time allocation of other funding that has been expended for parks or other projects, but which is not available on an ongoing basis, shall not be considered when calculating a recipient’s annual expenditures. (PRC §80062(d)). 10. Certifies that the grantee has reviewed, understands, and agrees to the General Provisions contained in the contract shown in the Procedural Guide; and 11. Delegates the authority to the Public Works Director or designee to conduct all negotiations, sign and submit all documents, including, but not limited to applications, agreements, amendments, and payment requests which may be necessary for the completion of the grant scope(s); and 12. Agrees to comply with all applicable federal, state and local laws, ordinances, rules, regulations and guidelines. The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 19 th day of May 2021 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Yan Zhao, Mayor ATTEST: DATE: Debbie Bretschneider, City Clerk 105 SARATOGA CITY COUNCIL MEETING DATE: May 19, 2021 DEPARTMENT: Community Development Department PREPARED BY: Frances Reed, Administrative Technician SUBJECT: Budget Adjustment - Planning Consulting Services RECOMMENDED ACTION: Adopt the attached resolution approving an adjustment to the FY 2020-2021 Operating Budget for Planning Consulting Services. BACKGROUND: In accordance with the FY 2020-2021 Operating Budget, the Planning Division had budgeted for the consulting needs based on knowledge of in-coming projects. Beginning in late March, the department experienced a couple of unanticipated staff leaves, requiring an increased need for staff augmentation. FISCAL IMPACT: Staff recommends that City Council approve a budget adjustment resolution for FY 2020-2021 in the amount of $35,000. ATTACHMENTS: A. Budget Adjustment Resolution 106 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 PLANNING CONSULTING SERVICES WHEREAS, the City of Saratoga’s FY 2020/21 Operating & Capital Budget was adopted on June 3, 2020; and WHEREAS, the City Council appropriated Community Development Department funds for Planning Consulting Services in the amount of $10,000; and WHEREAS,the Community Development Department, Planning Division has received a high volume of large projects in the current year and unanticipated staff leaves of absence; and WHEREAS, City Council desires that Planning applications are processed in the legally required time frame and with high quality of service; and WHEREAS,additional funding of $35,000 is now required to complete submitted planning applications; and WHEREAS, it is necessary to make adjustments to the FY 2020/21 Operating & Capital Budget as follows: Account Description Account#Increase Amount To appropriate expenditure for Planning Consulting Services: Planning Consulting Services 111.4101.65411 $35,000 NOW, THEREFORE, BE IT RESOLVED,that the City Council of the City of Saratoga hereby approves the above budget adjustment to the FY 2020/21 Operating & Capital 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 19, 2021 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Yan Zhao, Mayor Attest: Debbie Bretschneider, City Clerk 107 1 SARATOGA CITY COUNCIL MEETING DATE:May19, 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: Waive the second reading and adopt the attached ordinance introduced at the May 5, 2021 City Council meeting. DISCUSSION: At the May 5, 2021 City Council meeting the City Council conducted a public hearing and introduced and waived the first reading of the attached ordinance and direct staff to place it on the consent calendar at the May 19, 2021 City Council meeting. ATTACHMENTS Attachment A –Ordinance Amending Section 15-13.040 of the Saratoga Municipal Code. 108 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. 109 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. 110 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 111 SARATOGA CITY COUNCIL MEETING DATE:May 19, 2021 DEPARTMENT:Community Development Department PREPARED BY:Debbie Pedro, Community Development Director SUBJECT:Update to Code Compliance Policy RECOMMENDED ACTION: Adopt the attached resolution updating the City’s Code Compliance Policy to require temporary compliance plans for code violations that require discretionary approval to correct a violation. BACKGROUND: In 2016, the City Council adopted a comprehensive Code Compliance Policy that established guiding principles and priorities regarding enforcement of the City Code.The City’s Code Compliance Policy operates on a complaint basis and strives to resolve code violations through education and voluntary compliance. The City has a longstanding practice of working with property owners and businesses to find a path towards compliance with the City’s regulations. DISCUSSION: The purpose of the Code Compliance Policy is to ensure the health and safety of the community and maintain a high quality of life. The most common types of complaints that the City receives are noise, property maintenance, and unpermitted structures. In general, once a code violation is confirmed, staff will work with the property owner on a timeline to allow for a reasonable amount of time to bring a property into compliance. For example, the abatement plan for an unpermitted structure may include a compliance schedule to abate the violation through either legalization or removal of the structure. In determining a compliance schedule, staff will consider factors such as whether the violation creates an unsafe condition, is a threat to public health or safety, or a risk of significant damage to the environment.The compliance deadline can be extended if the property owner has demonstrated a good faith effort to take affirmative steps towards compliance. Zoning violations requiring a discretionary approval (e.g. design review approvals and conditional use permits) to correct the violation can take a longer time to resolve due to the complexities of the discretionary review process and requirements from other agencies. The current Code Compliance Policy allows unpermitted uses to continue and unpermitted structures to remain at staff’s discretion during the compliance process while the applicant pursues the necessary City 112 permits and approvals. While staff has used the existing Code Compliance Policy to work with property owners requiring discretionary review for compliance, amending the policy to require a formal plan would help make the process more clear. Additionally, the property owner working towards compliance and concerned residents would be provided the opportunity to appeal the temporarycompliance plan determined by City staff. Staff is recommending amending the Voluntary Compliance section of the Code Compliance Policy to require staff to create a temporary compliance plan for code violations that require a discretionary approval by the City to correct the violation. The amendment would also clearly state that these temporary compliance plans may be appealed to the City Council. Specifically, the attached resolution would add the following to section II.C. of the Code Compliance Policy: When compliance requires a discretionary approval by the City, Compliance officers shall develop a temporary compliance plan in their efforts to achieve voluntary compliance. Such plans shall be provided to the complaining party(ies) and are subject to appeal to the City Council pursuant to City Code Section 2-05.030. Alternatively, the City Council could direct staff to return with differentmodifications to the policy if another policy direction was desired. ATTACHMENT: Attachment A – Draft Code Compliance Policy with amendments 113 RESOLUTION NO. 21-____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING THE CITY OF SARATOGA CODE COMPLIANCE POLICY WHEREAS, the City of Saratoga works to ensure the health and safety of the community and maintain a high quality of life; and WHEREAS, enforcement of the City Code is one mechanism by which the City of Saratoga is able to maintain standards of health, safety, and high quality of life within Saratoga; and WHEREAS, the City Council of the City of Saratoga adopted a comprehensive Code Compliance Policy in 2016 that established guiding principles and priorities regarding enforcement of the City Code; and WHEREAS, the current Code Compliance Policy allows unpermitted uses to continue and unpermitted structures to remain at staff’s discretion during the compliance process while the applicant pursues the necessary City permits and approvals; and WHEREAS, the City Council desires to amend the policy to require, for projects that require discretionary approval to come into compliance, temporary compliance plans which may be appealed to the City Council; and WHEREAS, this resolution and content of the attached Code Compliance Policy shall supersede all prior resolutions, policies, and understandings relating to code enforcement in the City and the City of Saratoga Code Compliance Program except in connection with the Santa Clara County Sheriff’s Office, San Jose Animal Services, or other local government agencies that have the authority and responsibility to enforce the City Code through contract with the City of Saratoga or other means. NOW, THEREFORE BE IT RESOLVED,that the City Council of the City of Saratoga hereby adopts the attached amended City of Saratoga Code Compliance Policy. The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 19 th day of May 2021 by the following vote: AYES: NOES: ABSENT: ABSTAIN: 114 Yan Zhao, Mayor ATTEST: DATE: Debbie Bretschneider, City Clerk 115 CITY OF SARATOGA CODE COMPLIANCE POLICY Adopted May 19, 2021 I.Purpose The Code Compliance Program is one of the City of Saratoga’s methods for promoting the health, safety, and quality of life of the residents of Saratoga. This policy outlines the City Council’s priorities for enforcement of City Code and is intended to provide guidance for the implementation of City Code compliance strategies in Saratoga. This policy shall apply to the Code compliance officials designated by the City Manager. It shall not apply to the Santa Clara County Sheriff’s Office, San Jose Animal Services, or other local government agencies that have the authority and responsibility to enforce the City Code through contract with the City of Saratoga or other means. II.General Provisions A. Prioritization of Violations. Violations that present an imminent threat to public health and safety shall receive first priority in the enforcement of the City Code. Complaints concerning alleged violations of limited duration that are in process, present a clear violation of the City Code, and can be resolved through immediate action shall receive second priority. Other violations shall be pursued as time permits. B. Complaint-Driven Enforcement. The Code Compliance Program shall operate on a complaint basis and compliance officers shall not actively seek enforcement of violations without a prior complaint filed, subject to the following exceptions: 1. Violations that present an imminent threat to public health and safety may be proactively enforced without receiving a prior complaint. 2. During the course of investigating a complaint, compliance officers may proactively enforce violations found within the vicinity of the alleged violation. 3. City permits, conditions of approval, and parking regulations may be enforced without a complaint filed in connection with inspections and compliance monitoring. 4. The City Council may by resolution direct proactive enforcement of certain types of violations. C. Voluntary Compliance. Compliance officers shall strive to achieve voluntary compliance with the City Code before formal enforcement action is taken. When compliance requires a discretionary approval by the City, Compliance officers shall develop a temporary compliance plan in their efforts to achieve voluntary compliance. Such plans shall be provided to the complaining party(ies) and are subject to appeal to the City Council pursuant to City Code Section 2- 05.030. Furthermore, the City understands that in some cases, enforcement of the City Code may not fully address the circumstances that may have led to the filing 116 of a complaint. Given the City’s limited Code compliance resources and interest in fostering lasting solutions to community concerns, compliance officers shall encourage neighbors to informally work together to reach resolution of violation complaints before resorting to formal procedures. In the event that complaints reveal rifts among neighbors that may not be fully resolved through the Code compliance process, the City shall encourage residents to participate in conflict mediation by coordinating or referring residents to available mediation services. D. Anonymous Complaints Not Guaranteed. Any person may make a complaint to the City regarding alleged code violations. With the exception of complaints regarding clear and imminent threats to public health and safety, the City shall not accept anonymous complaints. The City recognizes that some complainants may not want their names disclosed for fear of retaliation. The City makes no assurances that the identity of the complaining party will remain confidential. For example, it may be necessary for the complaint for the complaining party to testify at an administrative hearing or in a court of law in order to effectively resolve the violation. Furthermore, it may be necessary for the City to disclose the identity or contact information of the complainant in order to respond to and comply with Public Records Act requests. E. Weekend Enforcement. The City of Saratoga recognizes the need for Code compliance staff to be available on weekends. Weekend hours shall be a priority when establishing the work schedule for Code compliance staff. 117 CITY OF SARATOGA Memorandum To: Mayor Zhao & Members of the Saratoga City Council From: Debbie Bretschneider, CMC, City Clerk Date: May 19, 2021 Subject: Written Communications on Item 3.1. Update to Code Compliance Policy These Written Communications from the public on Item 3.1. Update to Code Compliance Policy were received after the May 19, 2021 Council agenda was published. 118 From: Debbie Bretschneider Cc:Debbie Pedro; Yan Zhao; Tina Walia; Kookie Fitzsimmons; Mary-Lynne Bernald; Rishi Kumar Subject:public comment to "Update to Code Compliance Policy", for the meeting of 05.19.2021 Date:Thursday, May 13, 2021 2:24:25 PM CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Hi Debbie, Please file my public comment to the agenda item 3.1 of the City Council meeting of 05.19.2021 "Paragraph II.C speaks of three possible scenarios: 1. Strive to achieve voluntary compliance before formal enforcement action is taken 2. Compliance officers shall develop a temporary compliance plan, provided to the parties 3. Compliance officers shall encourage neighbors to informally work together to reach resolution of violation complaints It is unclear in which case option 1, 2 or 3 will be applied. In regard to option 3, it is also not clear how neighbors can informally come to an agreement if there is a violation of the city code? Does it mean that if neighbors agree with something that violates the city code, the City approves this violation? Clause II.B talks about complaint-driven enforcement. However, how can residents know whether a business has a use permit or not, and whether it operates within the conditions that the City allowed it? Therefore, they don’t know whether it makes sense for them to complain or not. This was exactly the situation with House Winery. Many residents said they were affected by the noise, but they did not complain to the City because they were sure it was permitted." Thank you Best regards, Andrey 119 Dear City Council Members, I have lived in the Saratoga Hillsides for over 35 years. I appreciate the City updating the Code Compliance Policy to address concerns that Hillside residents have voiced over the past few years. It is not clear to me, however, that the recommended change – creating a formal “temporary compliance plan” – addresses my concerns regarding Conditional Use Permits (CUP) for our Hillsides. And, I am speaking specifically about our Hillsides, and the issues are very complex. 1. First, who will determine if all the current business operations are allowed by the City Ordinance? Or will we just allow all operations to continue when they may not be approved as part of the CUP? And, will we allow operations to expand during the temporary compliance period? We are wrestling with this today for the approval of a CUP for the House Family Vineyards Winery (HFVW) operations, specifically their tasting room and events. The definition of a winery in the City Ordinance 15-6.725 includes “special events, retail sales and tasting rooms.” The HFVW sells food at their tasting room. Is this ok or is this commercializing our residential Hillsides? And they host over 100 events a year. Are all of these considered “special” events? We have allowed the HFVW to both continue and expand their operations for over 4.5 years while these questions remain unanswered. 2. Will there be time limits defined in the “temporary compliance plan”, perhaps based on milestones? Will there be points along the way where the City can stop an operation? For example, how long will an operation be allowed to continue while health and safety requirements are being reviewed? And how long will the operation be allowed to continue if the business does not comply with health and safety requirements? The House Family Vineyard Winery has been operating for years without the fire access road recommended by the Fire Department. This is a safety concern for HFVW guests and nearby residents who are unaware of the risks. And will the business be allowed to continue if an EIR study highlights safety issues that must be resolved? And will the City specify a maximum amount of time, perhaps a year, that a business will be allowed to continue and even expand operations with a “temporary compliance plan” in place or will this be open ended? 3. How long can a structure or a road that is built without a permit be used when it may have been built on land that is not geographically stable for the construction? This is a real issue in the Hillsides. And if someone is injured due to non-compliance, will the City be liable since it approved the 120 “temporary compliance plan”? 4. How long can a business continue with a “temporary compliance plan” if the operation potentially creates emergency evacuation risks in our Hillsides where wild fires and earthquakes are real risks. Will this be addressed in the plan? 5. If the City approves the “temporary compliance plan,” does this mean that the City will approve the CUP when the application is actually submitted? The longer the City allows a business to continue without permits, the harder it will be for the City to NOT approve the CUP. 6. Will residents in the Hillsides who are potentially impacted by the CUP be notified of the “temporary compliance plan” and have an opportunity to give input? Site visits only provide the City with the perspective of the applicant. The City must also look at the CUP including a “temporary compliance plan” from the perspective of surrounding residents which means they must get input from impacted residents. 7. And, who will be notified? Notifying residents who live within 500 feet of the CUP applicant meets the letter of CEQA regulations but does not meet the spirit of the regulation to notify all impacted residents since our hillsides are low density. For me, I think we should close any operations that were started in the Hillsides without an approved CUP and start the application process no matter how long it takes. CUPs are very complex and may require an EIR study, a fire access road to be built, and other safety measures to be implemented. And, the City could be liable if anyone is injured due to non-compliance during an approved “temporary compliance” period. I hope the City will take this very seriously. Apply whatever process that is being considered to the HFVW CUP and see it if works. I just don’t think approving a “temporary compliance plan” will resolve the issues that have been highlighted by this project. Thank you. Glenda Aune Preserve our Saratoga Hillsides 121 From: To:Yan Zhao; Tina Walia; Mary-Lynne Bernald; Kookie Fitzsimmons; Rishi Kumar Cc:Debbie Bretschneider Subject:Town Council Item (Code Compliance Policy) May 19, 2021 Date: CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Dear Saratoga Town Council, My name is Bina Roy Desai, I am a co-owner of the Inn at Saratoga, a Tapestry Collection by Hilton, our town's boutique hotel. First off, thank you for your leadership to keep our town moving in a positive direction. We appreciate you working with the town businesses to ensure we have a voice and input into key decision making on our amazing community. We noticed the latest proposed policy changes to how the city handles conditional use permits and want to ensure you fully evaluate these changes. The Inn at Saratoga management and ownership team agree that city staff must work with the business owners to plan for a continued opening (to stay open) while the business vets/works through the actual CUP process. We strongly encourage city staff to continue their work with businesses with the understanding that the end goal should be to get approval by the planning commission and help solve for/address any questions or concerns from the Town Council. From our understanding, the second part of this proposed change is that any individual would potentially have the right, power, and influence to ask the Town Council to shut down a business until the CUP is formally approved. Is this true and if so, with what reasoning? We do not agree with this level of government and feel it lacks democratic values....especially after the past year. Can you please clarify this /expand on the reasoning behind this proposed change? What other towns enforce this policy and to what level of business success/satisfaction? You are welcome to read my above letter during public comment for the meeting tomorrow, I have another conflicting town council meeting and will more than likely miss public comment. Thanks for your time, Bina~ Managing Member Inn at Saratoga, a Tapestry Collection by Hilton 122 Date: May 19, 2021 To: Saratoga City Council Members From: Tiger Teerlink Re: 5/19 Council Meeting Agenda item 3.1 I have reviewed the staff report and proposed resolution to modify the City’s Code Compliance policy. Thank you for taking steps to ensure that City staff and the property/business owner are required to put together a formal plan to get to compliance. Staff is well versed in the City code and the factors which could present an issue. They have proven that they can put together voluntary plans that will result in compliance and minimize interim impact. I am concerned about the second part of the policy change that allows any member of the public to appeal the formal plan that is agreed upon by the home or business owner. The City Staff is charged with negotiating a plan with the business/home owner noting the special facts and circumstances of each situation. There are no guidelines for the reasons someone can appeal, so the City Council will have to hear any appeal that is brought forward. I fear the City Council will be dragged into tasks that should be done by staff resulting in a loss of efficiency and possible abuse of the system. By providing an opportunity for anyone to appeal an interim plan to the City Council you are politicizing an issue that is a work in process, and you are inviting an increase in complaints that are directly appealable to the City Council instead of giving the home or business owner the time to work through the existing system. Please remove the portion of this policy change that allows appeals to the City Council. Make the City Staff do their job and work through the issues that arise with the home or business owner to develop the best plan with conditions that provide a path to compliance without taking extreme measures like shutting down a business or putting untenable conditions on a business owner that result in business failure. Thank you, Tiger Teerlink Saratoga Resident 123 From:Mary-Lynne Bernald To:Debbie Bretschneider Subject:Fwd: city code compliance Date:Wednesday, May 19, 2021 9:14:04 AM FYI Sent from my iPhone Begin forwarded message: From: Bella Saratoga <bellasaratoga@gmail.com> Date: May 18, 2021 at 4:31:53 PM PDT To: Mary-Lynne Bernald <mlbernald@saratoga.ca.us> Subject: city code compliance CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. To: Saratoga City Council Members Re: 5/19 Council Meeting Agenda item 3.1 I have reviewed the staff report and proposed resolution to modify the City’s Code Compliance policy. Thank you for taking steps to ensure that City staff and the property/business owner are required to put together a formal plan to get to compliance. Staff is well versed in the City code and the factors which could present an issue. They have proven that they can put together voluntary plans that will result in compliance and minimize interim impact. I am deeply concerned about the second part of the policy change, however, that allows any member of the public to appeal the formal plan that is agreed upon by the home or business owner. There are no guidelines for the reasons someone can appeal, so the City Council will have to hear any appeal that is brought forward. Providing an opportunity for anyone to appeal an interim plan to the City Council prevents a number of problems. First, you are politicizing an issue that is a work in process. Second, you are inviting an increase in complaints that are directly appealable to the City Council instead of giving the home or business owner the time to work 124 through the system (code enforcement, administration, planning commission, etc.). Please remove the portion of this policy change that allows appeals to the City Council. Let City Staff work through the issues that arise with the home or business owner to develop the best plan with conditions that provide a path to compliance without taking extreme measures like immediately tearing down a building, shutting down a business or putting untenable conditions on a business owner that result in business failure. Thank You, -- Clyde Zaya p: http://www.bellasaratoga.com/ BELLA SARATOGA 14503 BIG BASIN WAY SARATOGA, CA 95070 125 From: To:Mary-Lynne Bernald; Yan Zhao; Rishi Kumar; Tina Walia; Kookie Fitzsimmons; James Lindsay; Debbie Bretschneider; Crystal Bothelio Subject:Online Form Submittal: Council Comments Form Date:Wednesday, May 19, 2021 2:26:39 PM CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Council Comments Form Your Name Chuck Page, President, Saratoga Chamber of Commerce Phone Number Email Address Subject Code Compliance - 5/19 Agenda item 3.1 Comments Thank you for taking steps to ensure that City staff and the property/business owner are required to put together a formal plan to get to compliance when circumstance require it. Staff is well versed in the City code and the factors which could present an issue. Staff has proven over the years that they work well with home and business owners to put together voluntary plans that will result in compliance and minimize interim impact to the community (if there is any). I am deeply concerned about the second part of the policy change, however, that allows any member of the public to appeal the formal plan that is agreed upon by the home or business owner. There are no guidelines for the reasons someone can appeal, so the City Council will have to hear any appeal that is brought forward. Providing an opportunity for anyone to appeal an interim plan to the City Council presents a number of problems. First, you are politicizing an issue that is a work in progress. Second, you are inviting an increase in complaints that are directly appealable to the City Council instead of giving the home or business owner the time to work through the system (code enforcement, administration, planning commission, etc.) and have an appropriate public hearing to generate the appropriate CUP or modifications to one. Please REJECT the portion of this policy change that allows appeals to the City Council. Let City Staff work through the issues that arise with the home or business owner to develop the best plan with conditions that provide a path to compliance without taking extreme measures like immediately tearing down a 126 building, shutting down a business or putting untenable conditions on a business owner that result in business failure. Specifically related to businesses, haven't they been through enough in the past year? Politicizing the businesses and reviewing complaints at a city council level before the issue has worked its way through the system is ludicrous at best. Only 1% of Saratoga's land is zoned for commercial use. Please do not allow our city to become business-adverse. Saratoga has been there in the past, led by a few individuals looking out only for themselves. Please do not restore Saratoga back to that horrible era. Thank you, Chuck Page President, Saratoga Chamber of Commerce Email Subscription Subscribe Email not displaying correctly? 127 SARATOGA CITY COUNCIL MEETING DATE:May 19, 2021 DEPARTMENT:Finance & Administrative Services Department PREPARED BY:Mary Furey, Administrative Services Director SUBJECT:FY 2021/22 Budget Preview RECOMMENDED ACTION: Council to receive staff report on the FY 2021/22 budget preview, request clarification as needed, and provide consensus direction if changes are recommended. BACKGROUND: This budget preview session provides an update of the current year’s funding and expenditure estimates, a summary overview of next fiscal year’s proposed operating budget and notable changes, and a final summary look at Council’s capital project funding allocations.The intent of this presentation is to both provide information and to provide Council with the opportunity to ask in-depth questions and request clarifications prior to the proposed budget document being finalized. This allows Council to see how all the individual budget components discussed to date fit together into the final draft of estimated revenues and funding sources, and the estimated cost of the services to be provided to Saratoga residents. The development of the City’s operating and capital budgets occurs over the course of several public meetings to provide the City Council and the community opportunities to guide the Council’s financial policies and priorities. Attachment A lists the numerous Finance Committee and City Council meetings that have and will lead up to the adoption of the budget on June 16. DISCUSSION: General Fund revenues will be reviewed to update Council on the current status of one-time funding, pandemic impacts, unusual trend lines, and the programmed use of reserves, and the pandemic’s impact on future year revenues. A discussion on General Fund expenses will focus on current year results, and any prominent changes in services or costs planned for the following fiscal year. General Fund expenses primarily fund ongoing legal and administrative requirements, core services to maintain the community’s safety and welfare, costs related to maintaining city infrastructure, and community-oriented services. There is little change in service levels from year to year, however expenditure trends will be reviewed to illustrate budget growth. As a first step to this discussion, a short review of the current year’s budget, adopted strategies, and pandemic impacts follows. Current Year General Fund Revenue Budget Current year revenues were budgeted with recessionary expectations; that FY 2020/21 General Fund revenue would decrease substantially in certain revenue streams. In the case of Sales Tax, there was no known gauge by which impacts could be estimated because of State-ordered revenue collection delays. With the stay at home orders in effect, the City’s storefronts, restaurants, and venues were shut down, which meant that Sales Tax, Hotel Tax, and Rental Income revenue would essentially be eliminated for the duration of the closure. These budgeted revenue 128 amounts were therefore generated as a conservative guess based on how long the shutdown would continue, and the lingering financial impacts as the economy returned to normal. From prior recession experience, it was further expected that the housing market would stall, causing low growth in Transfer Tax fees, and that development services and permits would substantially decrease. Most disheartening was that interest would again plummet and hover near zero. As a result, the FY 2020/21 General Fund revenue budget was adopted at a level more than $1 million below the prior year’s actuals. With this, Council’s recessionary budget mitigation strategies were put into place. Internal Service Fund funding charges were decreased to reduce General Fund expenditures and operating expenditures were decreased where service level were not impacted. Additionally, a one-time funding source of about $950,000 from the LLD fund closeout was utilized to balance the budget. Special Revenue, Debt Service, and Capital Fund revenues that are supported by different revenue streams were not initially impacted by the pandemic. One Time Funding and Pandemic Revenue Impacts As the fiscal year began, the City received a CARES Act funding grant of $383,000. Then, several months into the fiscal year, a Bay Area city contacted us with a request to purchase the City’s Rule 20A credits that had accumulated over the last twenty years. This brought the City another $1.2 million of unexpected funds in FY 2020/21. An additional unbudgeted revenue stream came from $586,000 of ERAF funding that was until now, an undependable revenue stream. With the County and State finally coming to terms on the funding distribution formula for these funds, the County released the funds and directed cities to include ERAF as budgeted funds next year and into the anticipated future. In total, these unplanned revenues will increase net operations by almost $2.2 million. Another unexpected revenue surprise came from the pandemic-spurred housing market surge that has brought us historically high levels of Transfer and Supplemental Property Tax revenues. Totaling over $925,000, this housing turnover boost is about $500,000 over budget. Increases in housing prices and sales result in higher property valuations, which in turn generate higher Property Taxes. The housing market surge appears to have also led to a spike in home remodeling and a new subdivision that increased development revenue levels about $400,000 over budget. Whilesome budgeted revenue streams camein less than budgeted, the higher than expected revenuesoffset the shortfalls, with total revenues generating about $2.1 million. In addition, the late-arriving American Rescue Plan funding will bring estimated total funding receipts up to about $4.9 million over budget for FY 2021/22. Sustainable Revenue Impacts The most important take away from this budget variation explanation is that the majority of this fiscal year’s revenue excess is one-time revenue. The only sustainable increases from these unplanned revenues include the change to now budget ERAF funds each year, and that the volume of property sales will create a higher assessed valuation base. It is equally important to understand that surges in housing turnover and development revenue are variable revenue streams. A slowdown in the economy will impact both of these revenue types, with each of the impacted revenue types easily fluctuating hundreds of thousands of dollars from year to year. Current Year General Fund Expenditure Budget When considering the current year’s expenditures, it is important to recall that the FY 2020/21 General Fund budget included the elimination of temporary facility staffing due to facility closures, reductions in non-essential expenditures such as conference travel costs, events, meeting expenses, some contract services, and various operational expenses that were expected to be reduced during the pandemic. However, the one-time funding from the LLD reserve closeout afforded the City the ability to continue most budgetedoperations at current service levels. The expectation for business to return to near-normal by the end of 2020 prompted the intent to keep service levels consistent. Since this did not occur, and City facilities are still under pandemic restrictions, the FY 2020/21 General Fund expenditure budget generated a significant amount of budget savings, particularly in staffing costs. In total, General Fund expenditures are estimated to end the year about $1 million under budget, resulting in Net Operations after the American Rescue Plan allocations to total about $4.5 million. 129 Some of these expenditure reductions may continue in future years as business methods have changed, however many new expenses came about as part of adapting to new virtual business methodologies, such as cloud based software, enhanced security, credit card fees, and more. These changes will be reflected in the FY 2021/22 budget. What is important to consider is that in many areas, the FY 2020/21 expenditure budget does not provide a true base from which to build the following year’s budget base. Adjustments will be noted in our discussions. Current Year Other Fund Budgets As discussed throughout the development of the budget, the General Fund incorporates the primary services of the City. Other funds within the operating budget are similar to special check books for restricted scopes of activity. For Special Revenue funds that account for Landscape, Lighting, and Storm Drain Districts, the pandemic did not affect funding or operational activities, and continues to be budgeted on a consistent basis. This is also true of the Debt Service Funds that collect special assessments to pay debt and interest. The Internal Service Funds however were indirectly affected as the City employed the recession mitigation strategy to reduce or eliminate funding charges, which then reduced expenditures within the General Fund budget. About $550,000 of funding reductions were programmed into their budgets, which basically utilized the Internal Service Fund reserves as needed. This mitigation strategy was offset by the transfer back into the impacted funds from the American Rescue Plan Act funds, per Council direction at the April 27 th Study Session. American Rescue Plan Act The American Rescue Plan stimulus funding will be utilized to both refund the City’s lost revenue and to fund pandemic related expenses. The reporting of impacts that occurred prior to receiving the funding allows us to restore funding to the Internal Service Funds, increase the Fiscal Stabilization Reserve to a more appropriate level, and allow what would have been Net Operation funds to flow into the Capital Project `Reserve. The remainder of the funding will be applied over the following years to more directly coincide with ongoing funding decreases and expenditure increases over the course of the Act’s timeline. This strategy was presented to the Council at the April 27th Study Session, and is incorporated into the current year and proposed budget financials. FY 2021/22 General Fund Budget Strategies Planned budget strategies for FY 2021/22 will utilize $1 million of the American Rescue Plan (ARP) funding. This allows the City to securely program operations at a level that will maintain the quality of life for residents, and continue to maintain most of the City’s infrastructure, while absorbing revenue reductions and expenditure increases resulting from the pandemic. This ARP funding program is being utilized as it was intended - to assist state and local governments remain financially solvent, so that these entities can continue to provide for the local economy through the maintenance of normal operations. General Fund Summary Overview Attachment B, the General Fund Summary schedule, provides three years of revenue and expenditure history, the current fiscal year budget and estimate, and next year’s proposed budget. A review of Total General Fund Operating Sources will include a discussion of major revenues, trends and projections in the context of continued fiscal impacts, and information on the use of fund balance reserves. A review of the General Fund Operating Uses will highlight notable changes for the current year and proposed budgeted expenditures, trends, and projections. Total Fund Activity Overview Attachment C, the Total Fund Activity Schedule provides a high-level summary of all funds: General, Internal Services, Debt Service, and Capital Project Funds. Beginning with estimated beginning fund balances in the first column, budgeted revenues, expenditures, and transfers in the following columns lead to the estimated ending fund balances at the end of next fiscal year for each of the City’s funds. This high-level summary of the City’s funds provides a broad understanding of how the funds are structured for use in either general or specific functions, how they individually contribute to City operations, and how these funds balance both short and long-term objectives. Collectively the funds represent and illustrate the City’s overall fiscal health. 130 Proposed Capital Project Summary Schedule Attachment D, the Proposed Capital Project Summary Schedule, incorporates all of the current and new projects to be included in the FY 2021/22 Proposed Operating & Capital Budget. The schedule identifies the estimated beginning balance as of July 1, 2021 in the beginning column of dollar amounts. New dedicated revenues and CIP allocated funding for projects, as prioritized by Council in earlier budget meetings, is documented in the following columns. The final column on the right hand side shows the total (estimated) available Capital Budget funds for FY 2021/22. The proposed project funding amounts were directed by Council in earlier budget meetings. The summary schedule is included in this packet for reference and discussion if Council has any further questions. Please Note: The Proposed Operating & Capital Budget is currently being finalized for the City Council Budget Hearing on June 2, 2021. Documents and fiscal information provided at this budget preview are in development and subject to Council direction, revisions, and updated estimates. ATTACHMENTS: Attachment A – Council Budget Adoption Calendar Attachment B – FY 2021/22 draft proposed General Fund Summary (as of 5/12/2021) Attachment C – FY 2021/22 draft proposed Total Fund Activity Summary (as of 5/12/2021) Attachment D – FY 2021/22 draft proposed Capital Project Funding Allocations (as of 5/12/2021) 131 Attachment A 1/26/2021 FINANCE COMMITTEE MEETING ●MID-YEAR REVIEW: Review preliminary mid-year budget status report with in-depth explanations of revenue and expenditure trends and assumptions, and a proposed budget adjustments for adoption. 2/3/2021 CITY COUNCIL MID-YEAR BUDGET REVIEW - at CC Meeting ●MID-YEAR REVIEW: Receive mid-year financial status review and budget adjustment resolution. 2/25/2021 FINANCE COMMITTEE MEETING ●FISCAL POLICIES: Review proposed changes to Fiscal Policy Statements for Operating Budget Study Session review. ●BUDGET PROCESS REVIEW - Review of operating and capital budget processes, report on any preliminary impacts that will be brought to CC Study Session 3/3/2021 CITY COUNCIL STUDY SESSION (before Council meeting) ●CIP STUDY SESSION: Review CIP funding availability, closed projects, unfunded project list, current project funding requests, and CM recommended projects. 3/25/2021 FINANCE COMMITTEE MEETING ●CAPITAL BUDGET AND FEE STUDY REVIEW - Review of proposed capital projects, available funding, and upcoming Annual User Fee Update. 3/31/2021 CITY COUNCIL STUDY SESSION ●CIP STUDY SESSION: Final review of CIP Funding and Projects. Council discussion to prioritize project funding. 4/21/2021 CITY COUNCIL MEETING ●FEE SCHEDULE UPDATE: Review FY 2020/21 proposed fee schedule changes, to be incorporated into proposed budget workplans. 4/22/2021 FINANCE COMMITTEE MEETING ●BUDGET STUDY SESSION REVIEW - Review preliminary Study Session presentation with in-depth explanations of preliminary budget and initiatives. 4/27/2021 CITY COUNCIL STUDY SESSION ●BUDGET STUDY SESSION: Review FY 2021/22 budget impacts, American Rescue Plan Funding Strategy and 5 year forecast, Proposed CIP project change, AFFIRM Sheriff Safety budget, and Financial Policy updates. 5/19/2021 CITY COUNCIL MEETING ●FY 2021/22 BUDGET PREVIEW: Review FY 2021/22 draft proposed operating and capital budget summary schedules, request clarification as needed, and provide concensus direction if changes are recommended for proposed budget hearing. 5/20/2021 FINANCE COMMITTEE MEETING ●BUDGET REVIEW - review proposed budget information as needed, Investment Policy, Gann Limit, and proposed Theater Rental Fee change. 6/2/2021 CITY COUNCIL MEETING ●PROPOSED OPERATING AND CAPITAL BUDGET HEARING: Receive staff report and presentation on FY 2021/22 Proposed Operating and Capital Budget. 6/10/2021 FINANCE COMMITTEE MEETING ●ANNUAL FISCAL REPORTS AND ASSESSMENTS - Review GO Bond Rate and Arrowhead Assessment for FY 2021/22. 6/16/2021 CITY COUNCIL MEETING ●BUDGET ADOPTION: Receive/adopt Budget Adoption staff report and resolution. Receive/adopt Gann Limit Report and Resolution. Receive/adopt FY 2021/22 Investment Policy, GO Bond Rate and Arrowhead Bond assessment. 7/1/2021 FISCAL YEAR 2021/22 BEGINS Council's Budget Adoption Calendar FY 2021/22 132 OPERATING SOURCES FY 2017/18 2018/19 2019/20 2020/21 2020/21 2021/22 % of General Fund Revenues Actuals Actuals Actuals Adjusted Estimated Proposed Budget Property Tax 12,963,531 14,166,177 15,031,057 14,936,000 16,039,043 16,393,300 63.2% Sales Tax 1,124,647 1,207,471 1,056,700 750,000 900,000 1,000,000 3.2% Transient Occupancy Tax 389,037 347,605 210,326 150,000 125,000 175,000 0.6% Business & Other Taxes 571,326 548,815 597,059 505,000 630,000 570,000 2.1% Franchise Fee Tax 2,338,794 2,482,074 2,418,019 2,432,000 2,455,112 2,397,000 10.3% Intergovernmental 557,026 533,058 586,289 527,687 947,262 540,100 2.2% Fees, Licenses & Permits 2,217,363 1,936,019 1,601,305 1,487,180 1,884,855 1,685,460 6.3% Charge for Services 1,671,955 1,416,278 904,866 872,584 914,751 881,750 3.7% Interest 270,929 639,154 566,054 210,000 152,295 152,000 0.9% Rental Income 445,161 432,595 287,815 312,199 176,465 246,700 1.3% Other Sources 420,339 406,703 249,423 1,446,407 1,545,524 220,900 6.1% American Rescue Plan - - - - 2,800,000 2,800,000 Total GF Revenues 22,970,107 24,115,948 23,508,913 23,629,057 28,570,307 27,062,210 100% Fund Transfers In 442,198 158,391 1,187,347 - 436,532 - Total Rev & Transfers 23,412,305 24,274,339 24,696,260 23,629,057 29,006,839 27,062,210 Use of (Addition to) Fund Balance Reserves Carryforward Reserve 7,246 5,264 47,647 155,556 155,556 - Environmental Reserve 50,000 50,000 50,000 50,000 50,000 63,182 CIP Reserve 1,872,909 1,840,866 3,005,000 2,485,500 2,485,500 2,735,131 Hillside Reserve - - 500,000 - - - Hillside Reserve Repayment (210,000) (500,000) - - - LLD Fund Closeout - - - 1,062,604 1,062,604 - American Rescue Plan Reserve - - - - - 1,000,000 American Rescue Plan Reserve - - - - (2,800,000) (2,800,000) Total Funding Sources 25,132,460 26,170,468 27,798,907 27,382,717 29,960,499 28,060,523 OPERATING USES FY 2017/18 2018/19 2019/20 2020/21 2020/21 2021/22 % of General Fund Expenditures Actuals Actuals Actuals Adjusted Estimated Proposed Budget Salary & Benefits 7,264,949 7,617,050 8,047,944 9,075,240 8,399,131 9,295,337 37.2% UAL Payment 750,000 1,052,631 1,041,098 1,014,300 1,014,300 1,050,000 4.2% Materials & Supplies 246,785 223,304 208,572 343,618 244,547 308,215 1.2% Fees & Charges 788,811 891,961 936,274 1,103,747 1,097,119 1,066,476 4.3% Consultant & Contract Svs 2,034,666 2,451,965 2,183,881 2,523,276 2,334,565 2,819,245 11.3% Sheriff Services 5,319,341 5,680,745 6,057,371 6,408,958 6,408,958 6,841,990 27.4% Meetings, Events & Training 105,621 115,690 89,599 116,900 38,713 105,950 0.4% Community Grants & Events 233,336 242,667 228,766 328,932 299,405 280,225 1.1% Operating Grant Expenditures - - - 46,687 88,754 6,800 0.0% Fixed Assets 19,785 20,459 13,511 - - - 0.0% Internal Services Charges 2,626,497 2,591,332 2,629,225 2,554,339 2,554,339 3,211,803 12.9% Total Expenditures 19,389,791 20,887,806 21,436,240 23,515,996$ 22,479,832$ 24,986,041$ 100% Internal Service Funds - - - 550,000 550,000 - Streets CIP 1,319,000 1,037,866 1,560,000 905,500 905,500 1,620,000 Park & Trails CIP 420,000 100,000 1,495,000 795,000 795,000 310,131 Facilities CIP - 653,000 375,000 500,000 500,000 80,000 Admin & Technology CIP 133,909 50,000 75,000 285,000 285,000 725,000 - Total Transfers Out 1,872,909 1,840,866 3,505,000 3,035,500 3,035,500 2,735,131 Total Funding Uses 21,262,700 22,728,672 24,941,240 26,551,496 25,515,332 27,721,172 Net Operations 3,869,760$ 3,441,797$ 2,857,667$ 831,220 4,445,168 339,351 DRAFT PROPOSED GENERAL FUND SUMMARY 5/12/2021 133 Estimated Revenues Expenditures Source (Use)Estimated Fund Balance && of Fund Balance Fund Category July 1, 2021 Transfers In Transfers Out Fund Balance June 30, 2022 Operating Funds General Fund Reserves Environmental Services 63,182$ -$ -$ (63,182)$ -$ Hillside Stability 1,000,000 - - - 1,000,000 Capital Projects 3,252,145 - (2,735,131) 2,725,305 3,242,319 Facility Reserve 3,700,000 - - 500,000 4,200,000 Working Capital 1,000,000 - - - 1,000,000 Fiscal Stabilization 4,000,000 - - - 4,000,000 Compensated Absences 310,479 - - - 310,479 American Rescue Plan 800,000 2,800,000 - (1,000,000) 2,600,000 Other Unassigned 3,725,305 24,262,210 (25,086,041) (2,162,123) 739,351 Total General Fund Reserves 17,851,111$ 27,062,210$ (27,821,172)$ -$ 17,092,149$ Special Revenue Funds Landscape & Lighting Districts 930,080$ 527,684$ (672,167)$ -$ 785,598$ Total Special Revenue Reserves 930,080$ 527,684$ (672,167)$ -$ 785,598$ Internal Service Funds Liability/Risk Management 610,982$ 811,500$ (828,365)$ -$ 594,117$ Workers Compensation 233,645 260,000$ (254,845) - 238,800 Office Support Services 135,304 48,000$ (57,000) - 126,304 IT Services 581,630 810,000$ (820,859) - 570,771 Vehicle & Equipment Maintenance 306,246 275,000$ (287,726) - 293,520 Facility Maintenance 670,386 950,000$ (1,037,231) - 583,155 Vehicle & Equipment Replacement 436,507 150,000$ (250,825) - 335,682 IT Equipment Replacement 682,042 150,000$ (256,200) - 575,842 Facility FFE Replacement 634,732 200,000$ (289,848) - 544,884 Total Internal Service Reserves 4,291,474$ 3,654,500$ (4,082,900)$ -$ 3,863,074$ Total Operating Funds 23,072,665$ 31,244,394$ (32,576,239)$ -$ 21,740,821$ Debt Service Funds 2001 Series GO Bond 769,558$ 850,250$ (845,260)$ -$ 774,548$ 2018 Arrowhead CFD Bond 379,859 112,626 (373,600) 118,885 Total Debt Service Funds 1,149,417$ 962,876$ (1,218,860)$ -$ 893,433$ Total Operating Budget 24,222,082$ 32,207,270$ (33,795,099)$ -$ 22,634,254$ Capital Improvement Funds Street Projects 1,773,669$ 6,080,208$ (7,853,876)$ -$ -$ Park & Trail Projects 1,022,130 510,972$ (1,533,099)$ - - Facility Projects 1,118,323 165,000$ (1,283,322)$ - - Administrative & Tech Projects 455,685 1,132,500$ (1,588,184)$ - - Total Capital Improvement Funds 4,369,807$ 7,888,680$ (12,258,481)$ -$ -$ Total Operating & Capital Budget 28,591,889$ 40,095,950$ (46,053,580)$ -$ 22,634,254$ DRAFT PROPOSED TOTAL FUND ACTIVITY SUMMARY FY 2021/22 5/12/2021 Attachment C 134 Fiscal Year 2021/22 Draft Proposed Capital Project Summary Schedule Attachment D Project #Project CIP - Reserve Park In-Lieu Gas Tax Grants Other Total Street Projects 9111-003 Annual Roadway Improvements 1,540,413 - 1,287,986 - - 2,828,399 9121-001 Roadway Safety & Traffic Calming 150,000 - - - - 150,000 9121-004 Traffic Signal Battery Backup - Citywide 30,000 - - 139,444 - 169,444 9121-005 Portable Radar Feedback Sign 40,000 - - - - 40,000 9121-006 Local Roadway Safety Plan 20,000 - - 41,000 - 61,000 9122-006 Prospect Road Improvements 296,273 - 48,278 1,075,000 - 1,419,551 9132-006 Village Clock 9,486 - - - - 9,486 9132-007 Big Basin Way/Blaney Trash Can Replacement 75,000 - - - - 75,000 9141-005 Annual Infrastructure Maintenance & Repairs 318,423 - - - - 318,423 9141-007 Guava Court Curb & Gutter Replacement 280,000 - - - - 280,000 9141-008 Mendelsohn Lane Pathway Rehabilitation Project 110,000 - - - - 110,000 9142-005 Saratoga Avenue Sidewalks - - - 137,711 - 137,711 9142-019 Saratoga Village Crosswalk & Sidewalk Rehab.89,000 - - 336,104 - 425,104 9142-020 Quito Road Sidewalk Improvements 43,370 - - - - 43,370 9142-021 Saratoga/Sunnyvale Sidewalks 92,158 - - - - 92,158 9142-022 Saratoga Sunnyvale Rd. Pathway Rehab Cox to RRX 125,000 - - - - 125,000 9142-023 Quito Road Sidewalk Rehabilitation and Gap Closure 325,000 - - - - 325,000 9152-001 4th Street Bridge 99,837 - - 484,664 - 584,501 9152-002 Quito Road Bridges - Project Engineering 120,527 - 7,085 18,595 - 146,207 9152-004 Quito Road Bridges - ROW Acquisition 4,548 - - 83,971 - 88,519 9153-003 Annual Retaining Wall Maintenance and Repairs 200,000 - - - - 200,000 9153-005 Mt. Eden Erosion Repair 225,000 - - - - 225,000 Total Street Projects 4,194,035 - 1,343,349 2,316,489 - 7,853,873 Parks & Trails Projects 9211-001 Annual Parks, Trails, Grounds & Medians R & R 250,000 - - - - 250,000 9211-002 Citywide Tree Replanting - - - - 38,166 38,166 9212-001 Tree Dedication Program - - - - 24,750 24,750 9212-003 Orchard Irrigation & Tree Planting - 100,000 - - - 100,000 9222-004 Hakone Gardens Infrastructure Improvements 26,673 59,527 - - - 86,200 9222-008 Hakone Pond Reconstruction 300,000 - - - - 300,000 9252-002 Beauchamps Park Playground Replacement 39,131 10,079 - 196,841 - 246,051 9274-002 Guava Ct/Fredericksburg Entrance 233,943 - - - - 233,943 9275-002 Trail Pet Stations - 25,000 - - - 25,000 9277-004 Saratoga Village to Quarry Park Walkway 228,989 - - - - 228,989 Total Parks & Trails Projects 1,078,736 194,606 - 196,841 62,916 1,533,099 Facilities Projects 9321-017 Open Work Space/Office Conversion Feasibility & Design 80,000 - - - - 80,000 9322-001 Theater Improvements 109,175 - - - - 109,175 9322-013 PEG Funded Projects 511,134 - - - - 511,134 9333-008 Community Center Improvement Program 99,994 - - - - 99,994 9333-009 Community Center Generator & EV Stations 463,019 - - - - 463,019 9372-001 Library Building Exterior Maintenance 20,000 - - - - 20,000 Total Facilities Projects 1,283,322 - - - - 1,283,322 Administrative & Technology Projects 9413-002 City Website/Intranet Redesign 16,949 - - - - 16,949 9415-001 Development Technology Management 85,516 - - - - 85,516 9415-003 SB2 CDD Software/ADA Grant - - - 28,696 - 28,696 9415-004 Software Technology Management 65,000 - - - - 65,000 9442-001 Citywide LLD Initiation Match Program 25,000 - - - - 25,000 9442-002 Horseshoe LLD Beautification 16,550 - - - - 16,550 9442-003 Business Rewewal and Beautification Grant Program 12,000 - - - - 12,000 9443-002 Citywide Accessibility Assessment 19,131 - - - - 19,131 9443-003 Public Art Infrastructure 53,669 - - - - 53,669 9443-004 Safe Routes to School Needs Assessment 10,000 - - - - 10,000 9443-005 El Quito Neighborhood Improvements 130,862 - - - - 130,862 9443-006 Parking District ADA Improvements and Rehabilitation - Phase I 250,000 - - - - 250,000 9443-007 Storm Drain Master Plan 300,000 - - - - 300,000 9443-008 ADA Self Assessment & Transition Plan 150,000 - - - - 150,000 9451-002 General Plan Update 256,671 - - 100,000 - 356,671 9491-001 Risk Management Mitigation Project 64,074 - - - - 64,074 Total Administrative & Technology Projects 1,459,489 - - 128,696 - 1,588,185 Total All Projects 8,015,582 194,606 1,343,349 2,642,026 62,916 12,258,479 135 FY 2021/22 Budget Preview CITY OF SARATOGA May 19, 2021 136 AGENDA Budget Process Current Year General Fund Budget FY 2021/22 Proposed Budget Notable Changes Total Funds Summary Capital Project Summary Schedule 137 The Road to Budget 138 BUDGET PROCESS ▪Finance Committee & City Council ▪Monitoring CY Financial Activity ▪Revenue and Expenditure Changes ▪Trending Information & Projections ▪Proposed Capital Project Funding ▪Service Level or Delivery Changes ▪New Initiatives 139 CURRENT YEAR BUDGET FY 2020/21 Budget Assumptions ▪Unknowns and Uncertainties ▪Pandemic/Stay-at-Home Order impacts ▪Recessionary budget planning ▪Remote accessibility enhancements ▪Ongoing service delivery changes 140 Unbudgeted Revenues & One-Time Funding Sources Amount Funding Source $ 586,000 ERAF Property Tax 1,208,000 Sale of Rule 20A Credits 383,000 CARES Act 2,800,000 American Rescue Plan Act 1,063,000 LLD Closeout Reserve $ 6,040,000 TOTAL ADDITIONAL FUNDING FY 2020/21 General Fund 141 GENERAL FUND REVENUES Revenues & Future Expectations ▪Property Tax ▪Sales Tax ▪Hotel Tax ▪Interest ▪Rental Income ▪Development Services & Fees ▪One-Time Funding 142 Current Year General Fund Revenues FY 2017/18 2018/19 2019/20 2020/21 2020/21 General Fund Revenues Actuals Actuals Actuals Adjusted Estimated Property Tax 12,963,531 14,166,177 15,031,057 14,936,000 16,039,043 Sales Tax 1,124,647 1,207,471 1,056,700 750,000 900,000 Transient Occupancy Tax 389,037 347,605 210,326 150,000 125,000 Business & Other Taxes 571,326 548,815 597,059 505,000 630,000 Franchise Fee Tax 2,338,794 2,482,074 2,418,019 2,432,000 2,455,112 Intergovernmental 557,026 533,058 586,289 527,687 947,262 Fees, Licenses & Permits 2,217,363 1,936,019 1,601,305 1,487,180 1,884,855 Charge for Services 1,671,955 1,416,278 904,866 872,584 914,751 Interest 270,929 639,154 566,054 210,000 152,295 Rental Income 445,161 432,595 287,815 312,199 176,465 Other Sources 420,339 406,703 249,423 1,446,407 1,545,524 American Rescue Plan - - - - 2,800,000 Total GF Revenues 22,970,107 24,115,948 23,508,913 23,629,057 28,570,307 Fund Transfers In 442,198 158,391 1,187,347 - 436,532 Total Rev & Transfers 23,412,305 24,274,339 24,696,260 23,629,057 29,006,839 Use of (Addition to) Fund Balance Reserves Carryforward Reserve 7,246 5,264 47,647 155,556 155,556 Environmental Reserve 50,000 50,000 50,000 50,000 50,000 CIP Reserve 1,872,909 1,840,866 3,005,000 2,485,500 2,485,500 Hillside Reserve - - 500,000 400,000 400,000 Hillside Reserve Repayment (210,000) (500,000) - - LLD Fund Closeout - - - 1,062,604 1,062,604 From American Rescue Plan Reserve - - - - - To American Rescue Plan Reserve - - - - (2,250,000) Total Funding Sources 25,132,460 26,170,468 27,798,907 27,782,717 30,910,499 143 AMERICAN RESCUE PLAN ACT (ARPA) $1.9 Trillion Dollar Package ▪$362 Billion allocated to State, Local & Tribal governments ▪Non-entitlement cities receive a total of 1% of stimulus package 144 ARPA $5.6 MILLLION ALLOCATION FY 2020/21 $2.8 Million allocation to fund: ◦$550,000 Transfer to ISF ◦$850,000 to Fiscal Stabilization Reserve ◦$600,000 to CIP Reserve ◦$800,000 to FY 2021/22 Budget Funding Source FY 2021/22 $2.8 Million allocation to offset future budget impacts: ◦$200,000 to FY 2021/22 Budget Funding Source (total of $1.0 Million) ◦$1.0 Million in FY 2022/23 ◦$1.0 Million in FY 2023/24 ◦$600,000 in FY 2024/25 145 EXPENDITURE IMPACTS OPERATIONAL SAVINGS ◦Labor: Temporary staff, leaves, vacancies, PERS savings ◦Operational costs: supplies, contract services ◦In-person expenses: meetings, trainings, events ◦Internal Service Fund charges OPERATIONAL INCREASES ◦Support Grants ◦Remote accessibility and on-demand services ◦IT Security 146 General Fund Expenditures 147 Less: FY 2020/21 Net Operation Set Asides Amount Purpose $ 1208,000 Rule 20A Funds to 2021/22 CIP 600,000 ARPA to 2022/23 CIP 850,000 ARPA to Fiscal Stabilization Reserve 800,000 ARPA to ARPA Reserve 400,000 Repay Hillside Reserve borrowing $ 3,858,000 TOTAL SET ASIDE FY 2020/21 General Fund 148 Estimated Net Operation Results Amount $ 5,394,000 Estimated Net Operations (3,858,000)Designated set-aside/repayments $ 1,536,000 REMAINING NET OPERATIONS FY 2020/21 General Fund 149 FY 2021/22 BUDGET PREVIEW 150 BUDGET PREVIEW TOPICS Revenues ▪Uncertainties, Assumptions Expenditures ▪Labor Costs, Consultants & Contract Services, Sheriff Services, Internal Service Fund Charges Notable Changes ▪Service Delivery Changes, New Expenditures & Initiatives Capital Budget ▪Capital Project Summary Schedule 151 REVENUE UNCERTAINTIES Uncertainties if pandemic continues ◦Housing market could weaken, causing large reductions in property turnover taxes ◦Building material costs could continue to increase, slowing development services, permit fees, construction taxes ◦Additional business closures will further reduce Sales Tax / TOT ◦Facility use restrictions will again eliminate rental revenues ◦Interest could drop even more 152 REVENUE ASSUMPTIONS Lingering Declines ◦Property Transfer and Supplemental Tax and Development revenues will decrease from FY 2020/21 record highs ◦Sales Tax revenue will gradually increase over time as business activity begins to return to normal. ◦Hotel Tax reductions expected to return slowly ◦Rental Income will increase slowly with staggered termination of social distancing protocols ◦Interest Income will continue at near-historic lows 153 FY 2017/18 2018/19 2019/20 2020/21 2020/21 2021/22 % of General Fund Revenues Actuals Actuals Actuals Adjusted Estimated Proposed Budget Property Tax 12,963,531 14,166,177 15,031,057 14,936,000 16,039,043 16,393,300 60.6% Sales Tax 1,124,647 1,207,471 1,056,700 750,000 900,000 1,000,000 3.7% Transient Occupancy Tax 389,037 347,605 210,326 150,000 125,000 175,000 0.6% Business & Other Taxes 571,326 548,815 597,059 505,000 630,000 570,000 2.1% Franchise Fee Tax 2,338,794 2,482,074 2,418,019 2,432,000 2,455,112 2,397,000 8.9% Intergovernmental 557,026 533,058 586,289 527,687 947,262 540,100 2.0% Fees, Licenses & Permits 2,217,363 1,936,019 1,601,305 1,487,180 1,884,855 1,685,460 6.2% Charge for Services 1,671,955 1,416,278 904,866 872,584 914,751 881,750 3.3% Interest 270,929 639,154 566,054 210,000 152,295 152,000 0.6% Rental Income 445,161 432,595 287,815 312,199 176,465 246,700 0.9% Other Sources 420,339 406,703 249,423 1,446,407 1,545,524 220,900 0.8% American Rescue Plan - - - - 2,800,000 2,800,000 10.3% Total GF Revenues 22,970,107 24,115,948 23,508,913 23,629,057 28,570,307 27,062,210 100% Fund Transfers In 442,198 158,391 1,187,347 - 436,532 - Total Rev & Transfers 23,412,305 24,274,339 24,696,260 23,629,057 29,006,839 27,062,210 Use of (Addition to) Fund Balance Reserves Carryforward Reserve 7,246 5,264 47,647 155,556 155,556 - Environmental Reserve 50,000 50,000 50,000 50,000 50,000 63,182 CIP Reserve 1,872,909 1,840,866 3,005,000 2,485,500 2,485,500 2,735,131 Hillside Reserve - - 500,000 400,000 400,000 - Hillside Reserve Repayment (210,000) (500,000) - - - LLD Fund Closeout - - - 1,062,604 1,062,604 - From American Rescue Plan Reserve - - - - - 1,000,000 To American Rescue Plan Reserve - - - - (2,250,000) (2,800,000) Total Funding Sources 25,132,460 26,170,468 27,798,907 27,782,717 30,910,499 28,060,523 154 EXPENDITURE ASSUMPTIONS Increasing Operational Costs ◦Labor costs –salary, pension and benefits ◦Rising inflation –driving up materials, supplies, utilities, fuel ◦Service costs –increased fees for online payments, communications ◦Consultant/Contract Services –rising labor costs, additional services ◦Maintenance increases –Saratoga to Sea Trail, Prospect Median ◦Sheriff Services –annual labor cost increases, SRO costs ◦Internal Service Fund –Support services increase for labor costs ◦Liability Insurance premiums –extreme increases 155 FY 2017/18 2018/19 2019/20 2020/21 2020/21 2021/22 % of General Fund Expenditures Actuals Actuals Actuals Adjusted Estimated Proposed Budget Salary & Benefits 7,264,949 7,617,050 8,047,944 9,075,240 8,399,131 9,295,337 37.2% UAL Payment 750,000 1,052,631 1,041,098 1,014,300 1,014,300 1,050,000 4.2% Materials & Supplies 246,785 223,304 208,572 343,618 244,547 308,215 1.2% Fees & Charges 788,811 891,961 936,274 1,103,747 1,097,119 1,066,476 4.3% Consultant & Contract Svs 2,034,666 2,451,965 2,183,881 2,523,276 2,335,609 2,819,245 11.3% Sheriff Services 5,319,341 5,680,745 6,057,371 6,408,958 6,408,958 6,841,990 27.4% Meetings, Events & Training 105,621 115,690 89,599 116,900 38,713 105,950 0.4% Community Grants & Events 233,336 242,667 228,766 328,932 299,405 280,225 1.1% Operating Grant Expenditures - - - 46,687 88,754 6,800 0.0% Fixed Assets 19,785 20,459 13,511 - - - 0.0% Internal Services Charges 2,626,497 2,591,332 2,629,225 2,554,339 2,554,339 3,211,803 12.9% Total Expenditures 19,389,791 20,887,806 21,436,240 23,515,996$ 22,480,876$ 24,986,041$ 100% Internal Service Funds - - - 550,000 550,000 - Streets CIP 1,319,000 1,037,866 1,560,000 905,500 905,500 1,620,000 Park & Trails CIP 420,000 100,000 1,495,000 795,000 795,000 310,131 Facilities CIP - 653,000 375,000 500,000 500,000 80,000 Admin & Technology CIP 133,909 50,000 75,000 285,000 285,000 725,000 - Total Transfers Out 1,872,909 1,840,866 3,505,000 3,035,500 3,035,500 2,735,131 Total Funding Uses 21,262,700 22,728,672 24,941,240 26,551,496 25,516,376 27,721,172 Net Operations 3,869,760$ 3,441,797$ 2,857,667$ 1,231,220 5,394,124 339,351 156 NOTABLE CHANGES Increased On-Demand / Remote Accessibility Services ◦Higher Technology costs for security, hardware, accessibility ◦Migration to cloud-based systems for online work processes ◦Online applications and forms ◦Increased payment channels New Initiatives ◦Wildfire Fuel Reduction program ◦Website Refresh 157 LIABILITY INSURANCE Member of PLAN JPA ◦Liability, Property Insurance cooperative ◦Claims, Risk Management, Insurance Advice, and Attorney support Government Insurance in California Market ◦Insurer’s risk is higher due to high settlements ◦Provider availability decline ◦Liability insurance increasing 80% ◦Property insurance increasing 62% ◦JPA may hold increase to ~ 40% per year, tbd 158 LIABILITY INSURANCE PREMIUMS 2017/18 2018/19 2019/20 2020/21 2021/22 2022/23 2023/24 2024/25 Actual/Est Premiums 169,473 215,014 278,830 378,859 550,110 40% Increase 770,140 1078,196 1,509,474 50% Increase 825,150 1,237,725 1,856,588 ~ Projected Premium Costs ~ 159 GENERAL FUND NET OPERATIONS FY 2021/22 DRAFT PROPOSED GENERAL FUND Revenue $ 27,062,210 Sum of Additional Funding Sources 998,313 TOTAL FUNDING SOURCES $ 28,060,523 Less: Expenditures $ 24,986,041 Transfers Out 2,735,131 TOTAL FUNDING USES $ 27,721,172 NET OPERATIONS $ 339,351 160 TOTAL FUND ACTIVITY SUMMARY ▪Financial Structure / Fund Types ▪Fund Balance Reserves ▪Capital Budget ▪Trust Fund (WVCWP) no longer included in City Budget 161 TOTAL FUND ACTIVITY SUMMARY Beginning FB + Revenues –Expenditures = Ending FB ◦(1) General Fund ◦(26) Special Revenue Funds ◦(9) Internal Service Funds ◦(2) Debt Services Funds ◦(4) Capital Improvement Fund Categories 162 Total Fund Activity Summary Estimated Revenues Expenditures Source (Use)Estimated Fund Balance && of Fund Balance Fund Category July 1, 2021 Transfers In Transfers Out Fund Balance June 30, 2022 Operating Funds General Fund Reserves Environmental Services 63,182$ -$ -$ (63,182)$ -$ Hillside Stability 1,000,000 - - - 1,000,000 Capital Projects 3,252,145 - (2,735,131) 2,725,305 3,242,319 Facility Reserve 3,700,000 - - 500,000 4,200,000 Working Capital 1,000,000 - - - 1,000,000 Fiscal Stabilization 4,000,000 - - - 4,000,000 Compensated Absences 310,479 - - - 310,479 American Rescue Plan 800,000 2,800,000 - (1,000,000) 2,600,000 Other Unassigned 3,725,305 24,262,210 (25,086,041) (2,162,123) 739,351 Total General Fund Reserves 17,851,111$ 27,062,210$ (27,821,172)$ -$ 17,092,149$ Special Revenue Funds Landscape & Lighting Districts 930,080$ 527,684$ (672,167)$ -$ 785,598$ Total Special Revenue Reserves 930,080$ 527,684$ (672,167)$ -$ 785,598$ Internal Service Funds Liability/Risk Management 610,982$ 811,500$ (828,365)$ -$ 594,117$ Workers Compensation 233,645 260,000$ (254,845) - 238,800 Office Support Services 135,304 48,000$ (57,000) - 126,304 IT Services 581,630 810,000$ (820,859) - 570,771 Vehicle & Equipment Maintenance 306,246 275,000$ (287,726) - 293,520 Facility Maintenance 670,386 950,000$ (1,037,231) - 583,155 Vehicle & Equipment Replacement 436,507 150,000$ (250,825) - 335,682 IT Equipment Replacement 682,042 150,000$ (256,200) - 575,842 Facility FFE Replacement 634,732 200,000$ (289,848) - 544,884 Total Internal Service Reserves 4,291,474$ 3,654,500$ (4,082,900)$ -$ 3,863,074$ Total Operating Funds 23,072,665$ 31,244,394$ (32,576,239)$ -$ 21,740,821$ Debt Service Funds 2001 Series GO Bond 769,558$ 850,250$ (845,260)$ -$ 774,548$ 2018 Arrowhead CFD Bond 379,859 112,626 (373,600) 118,885 Total Debt Service Funds 1,149,417$ 962,876$ (1,218,860)$ -$ 893,433$ Total Operating Budget 24,222,082$ 32,207,270$ (33,795,099)$ -$ 22,634,254$ 163 Total Fund Activity Summary Estimated Revenues Expenditures Source (Use)Estimated Fund Balance && of Fund Balance Fund Category July 1, 2021 Transfers In Transfers Out Fund Balance June 30, 2022 Capital Improvement Funds Street Projects 1,773,669$ 6,080,208$ (7,853,876)$ -$ -$ Park & Trail Projects 1,022,130 510,972$ (1,533,099)$ - - Facility Projects 1,118,323 165,000$ (1,283,322)$ - - Administrative & Tech Projects 455,685 1,132,500$ (1,588,184)$ - - Total Capital Improvement Funds 4,369,807$ 7,888,680$ (12,258,481)$ -$ -$ Total Operating & Capital Budget 28,591,889$ 40,095,950$ (46,053,580)$ -$ 22,634,254$ Total Fund Activity -Capital Project Funds Section 164 CAPITAL PROJECT SUMMARY CAPITAL PROJECT SUMMARY FUNDED AMOUNTS Street Projects $ 7,853,876 Park & Trail Projects 1,533,099 Facility Projects 1,283,322 Administrative & Technology Projects 1,588,184 TOTAL $ 12,258,481 FY 2021/22 Capital Project Funds 165 FY 2021/22 Capital Projects Summary Project #Project CIP - Reserve Park In-Lieu Gas Tax Grants Other Total Street Projects 9111-003 Annual Roadway Improvements 1,540,413 - 1,287,986 - - 2,828,399 9121-001 Roadway Safety & Traffic Calming 150,000 - - - - 150,000 9121-004 Traffic Signal Battery Backup - Citywide 30,000 - - 139,444 - 169,444 9121-005 Portable Radar Feedback Sign 40,000 - - - - 40,000 9121-006 Local Roadway Safety Plan 20,000 - - 41,000 - 61,000 9122-006 Prospect Road Improvements 296,273 - 48,278 1,075,000 - 1,419,551 9132-006 Village Clock 9,486 - - - - 9,486 9132-007 Big Basin Way/Blaney Trash Can Replacement 75,000 - - - - 75,000 9141-005 Annual Infrastructure Maintenance & Repairs 318,423 - - - - 318,423 9141-007 Guava Court Curb & Gutter Replacement 280,000 - - - - 280,000 9141-008 Mendelsohn Lane Pathway Rehabilitation Project 110,000 - - - - 110,000 9142-005 Saratoga Avenue Sidewalks - - - 137,711 - 137,711 9142-019 Saratoga Village Crosswalk & Sidewalk Rehab.89,000 - - 336,104 - 425,104 9142-020 Quito Road Sidewalk Improvements 43,370 - - - - 43,370 9142-021 Saratoga/Sunnyvale Sidewalks 92,158 - - - - 92,158 9142-022 Saratoga Sunnyvale Rd. Pathway Rehab Cox to RRX 125,000 - - - - 125,000 9142-023 Quito Road Sidewalk Rehabilitation and Gap Closure 325,000 - - - - 325,000 9152-001 4th Street Bridge 99,837 - - 484,664 - 584,501 9152-002 Quito Road Bridges - Project Engineering 120,527 - 7,085 18,595 - 146,207 9152-004 Quito Road Bridges - ROW Acquisition 4,548 - - 83,971 - 88,519 9153-003 Annual Retaining Wall Maintenance and Repairs 200,000 - - - - 200,000 9153-005 Mt. Eden Erosion Repair 225,000 - - - - 225,000 Total Street Projects 4,194,035 - 1,343,349 2,316,489 - 7,853,873 STREET PROJECTS 166 FY 2021/22 Capital Projects Summary PARK & TRAIL and FACILITY PROJECTS Parks & Trails Projects 9211-001 Annual Parks, Trails, Grounds & Medians R & R 250,000 - - - - 250,000 9211-002 Citywide Tree Replanting - - - - 38,166 38,166 9212-001 Tree Dedication Program - - - - 24,750 24,750 9212-003 Orchard Irrigation & Tree Planting - 100,000 - - - 100,000 9222-004 Hakone Gardens Infrastructure Improvements 26,673 59,527 - - - 86,200 9222-008 Hakone Pond Reconstruction 300,000 - - - - 300,000 9252-002 Beauchamps Park Playground Replacement 39,131 10,079 - 196,841 - 246,051 9274-002 Guava Ct/Fredericksburg Entrance 233,943 - - - - 233,943 9275-002 Trail Pet Stations - 25,000 - - - 25,000 9277-004 Saratoga Village to Quarry Park Walkway 228,989 - - - - 228,989 Total Parks & Trails Projects 1,078,736 194,606 - 196,841 62,916 1,533,099 Facilities Projects 9321-017 Open Work Space/Office Conversion Feasibility & Design 80,000 - - - - 80,000 9322-001 Theater Improvements 109,175 - - - - 109,175 9322-013 PEG Funded Projects 511,134 - - - - 511,134 9333-008 Community Center Improvement Program 99,994 - - - - 99,994 9333-009 Community Center Generator & EV Stations 463,019 - - - - 463,019 9372-001 Library Building Exterior Maintenance 20,000 - - - - 20,000 Total Facilities Projects 1,283,322 - - - - 1,283,322 167 FY 2021/22 Capital Projects Summary Project #Project CIP - Reserve Park In-Lieu Gas Tax Grants Other Total Street Projects 9111-003 Annual Roadway Improvements 1,540,413 - 1,287,986 - - 2,828,399 9121-001 Roadway Safety & Traffic Calming 150,000 - - - - 150,000 9121-004 Traffic Signal Battery Backup - Citywide 30,000 - - 139,444 - 169,444 9121-005 Portable Radar Feedback Sign 40,000 - - - - 40,000 9121-006 Local Roadway Safety Plan 20,000 - - 41,000 - 61,000 9122-006 Prospect Road Improvements 296,273 - 48,278 1,075,000 - 1,419,551 9132-006 Village Clock 9,486 - - - - 9,486 9132-007 Big Basin Way/Blaney Trash Can Replacement 75,000 - - - - 75,000 9141-005 Annual Infrastructure Maintenance & Repairs 318,423 - - - - 318,423 9141-007 Guava Court Curb & Gutter Replacement 280,000 - - - - 280,000 9141-008 Mendelsohn Lane Pathway Rehabilitation Project 110,000 - - - - 110,000 9142-005 Saratoga Avenue Sidewalks - - - 137,711 - 137,711 9142-019 Saratoga Village Crosswalk & Sidewalk Rehab.89,000 - - 336,104 - 425,104 9142-020 Quito Road Sidewalk Improvements 43,370 - - - - 43,370 9142-021 Saratoga/Sunnyvale Sidewalks 92,158 - - - - 92,158 9142-022 Saratoga Sunnyvale Rd. Pathway Rehab Cox to RRX 125,000 - - - - 125,000 9142-023 Quito Road Sidewalk Rehabilitation and Gap Closure 325,000 - - - - 325,000 9152-001 4th Street Bridge 99,837 - - 484,664 - 584,501 9152-002 Quito Road Bridges - Project Engineering 120,527 - 7,085 18,595 - 146,207 9152-004 Quito Road Bridges - ROW Acquisition 4,548 - - 83,971 - 88,519 9153-003 Annual Retaining Wall Maintenance and Repairs 200,000 - - - - 200,000 9153-005 Mt. Eden Erosion Repair 225,000 - - - - 225,000 Total Street Projects 4,194,035 - 1,343,349 2,316,489 - 7,853,873 ADMINISTRATIVE & TECHNOLOGY PROJECTS 168 QUESTIONS? 169 Thank You 170 SARATOGA CITY COUNCIL MEETING DATE: May 19, 2021 DEPARTMENT: City Manager’s Department PREPARED BY: Lauren Pettipiece, Public Information Officer SUBJECT: Housing Element Engagement Update RECOMMENDED ACTION Receive report and provide staff with feedback on outreach and engagement strategy. BACKGROUND At the City Council Meeting on March 3, 2021, the Council received a report on the Housing Element Engagement Strategy, outlining plans to encourage engagement and receive feedback from the Saratoga community to confirm values and priorities, and to identify solutions and any necessary policy changes. While the Housing Element is not due until January 2023, starting this process early provides more opportunities for the community to fully participate in planning for over 1,700 new housing units to be built in Saratoga between 2023 and 2031. The engagement strategy that the City Council considered in March 2021 included providing regular updates to the City Council on engagement efforts. Since then, staff has provided the City Council with updates on the status of outreach activities through the City Council Newsletter. This report serves as a more comprehensive update as the City concludes the first phase of engagement. Engagement Phases The Housing Element Engagement Strategy has been divided into distinct phases to allow the City to build interest and understanding to prepare residents to discuss values before confirming the City’s understanding of community priorities and drafting of the next Housing Element. As each phase progresses, staff has the opportunity evaluate the effectiveness of engagement efforts and adapt and plan for the next phase. This approach allows the City to dynamically respond to the community’s ongoing reactions and needs throughout the process. Engagement Phase 1: Community Education The goal of the first phase of outreach and engagement has been to generate interest in the Housing Element and build a foundational understanding that can be used in future conversations with the community. As part of this effort, the City launched a webpage dedicated to the Housing Element update, which can be found online at www.saratoga.ca.us/housing. The page provides information on the Housing Element, update process, Regional Housing Needs Allocation, timeline, and ways to participate, such as signing up for the Housing Element newsletter, watching the video series, 171 submitting questions and comments, attending community meetings, and hosting small group meetings. Outcomes & Analytics Since its launch after the March 3 meeting, the Housing Element page has been the third most viewed page on the City’s website, viewed 3,500 times, following only the homepage and facilities page. “Housing” was the fifth most searched term on the website, searched 33 times, the same amount as “ADU.” The Housing Element newsletter now has 126 subscribers. In addition, the Housing Element has been included in the weekly Saratoga Source 8 times, which has 4,390 subscribers. The online question/comment form received 16 submissions, and all but one person said they found the Housing Element video series helpful. Residents submitted their questions through the form, and that feedback was used to shape the community meeting presentation. The first series of videos on the Housing Element were uploaded to the City’s YouTube channel and made available on the Housing Element webpage. In addition to the first four introductory videos, a recording of the presentation from the City’s community meetings on the Housing Element in April was shared. The videos received the following views: • Video 1 Housing Element Overview 430 Views • Video 2 Regional Housing Needs Allocation 214 Views • Video 3 Housing Element Legal Framework 153 Views • Video 4 Participate in the Housing Element 144 Views • Video 5 Housing Element Presentation 27 Views The launch of the website, newsletter, and first four videos were announced on the City’s social media channels and repeatedly promoted in the following weeks. The initial post received high levels of engagement on Nextdoor, receiving 3,400 impressions and 19 comments. Engagement then declined, with the following post receiving 1,300 impressions, and subsequent posts receiving a few hundred. On Facebook, the City paid to “boost” a post about the Housing Element update and community meetings, which reached 13,000 people, had over 1,000 clicks, and received 80 reactions, comments, and shares. Staff predicts seeing another increase in engagement when new content and community meeting dates are announced. A postcard about the Housing Element update (Attachment A) was mailed citywide to over 12,000 addresses. Additionally, a version translated into Chinese was made available online and in person at City Hall and Farmers’ Markets. Staff attended local Farmers’ Markets on Wednesday, April 7 and Saturday, April 10. The majority of residents at the Wednesday market were not Saratoga residents, however, those who were mentioned receiving the postcard and were interested in learning more. Staff engaged with a much larger number of residents at the Saturday Farmers’ Market and plans to attend this market again. The median banner program was also utilized to display two different banners (Attachment B) throughout March and April. One banner provided general information about community meetings, while the other utilized compelling language and graphics intended to grab attention. 172 Anecdotally, the banner seemed to have the intended effect based on the number of inquiries received after seeing it. The City held three community meetings on different days and at different times to accommodate a variety of schedules. These meetings gave residents the opportunity to receive an overview of the Housing Element in preparation for upcoming conversations about housing in Saratoga. The City had a total of 66 attendees at the Thursday, April 22 meeting, 45 at the Saturday, April 24 meeting, and 57 at the Wednesday, April 28 meeting. During the Community Meetings, the City asked attendees four questions, and the poll results are shared below. 1. How did you find out about today's Housing Element community meeting? A community leader: 8 A friend or neighbor: 13 A local organization: 3 City median banner: 13 City newsletter: 30 City postcard: 38 City social media: 10 City website: 28 Farmers' market: 0 Local news: 0 2. Have you subscribed to the Housing Element newsletter? Yes: 37 No: 46 173 While attendees were not explicitly asked to provide feedback on the City’s outreach and engagement efforts, the City did receive the following comments about engagement during the meetings: • I’m from Los Altos, checking in to see how other cities are handling this process. I want to commend the city of Saratoga for an excellent outreach with super information given to residents. Bravo! 3. Do you feel prepared to discuss your values, priorities, and possible policy options in June? Yes: 50 No: 14 4. What will you do to prepare for a discussion on values, priorities, and possible policy options? Watch the next set of Housing Element videos: 56 Request a small group meeting: 14 Subscribe to the Housing Element newsletter: 52 Submit questions I still have through the City website: 42 Tell my neighbors and friends about the Housing Element update: 53 174 • There are about 10,000 households in Saratoga. How many are zoomed into this meeting. This is an important issue. How are you going to increase engagement? • It appears to me based on the number of residents that are attending today and who attended the last meeting that despite your efforts, residents are not fully informed of what is occurring and the urgency. I appreciate your efforts to bring this to people’s attention, but do you have plans to further distribute this information? • It is hard to understand that less than 0.5% of community engagement is a success. • 43 out of 10,000 is not a success. • 43 out of 10,000 is a great start. The residents need to pitch in to reach all of us. Thank you for doing this meeting. • Thank you so much for spending time on this. Your answers were great. • Thank you. Great job reaching out to the community. • Thank you, Debbie, Crystal, and James. Good job! • Thank you, Debbie. That was very informative! • Thank you for hosting this Q&A! James, Crystal, and Debbie you are wonderful, and this was very helpful. • Thanks for all your hard work! • Great job. • Great. Two small group meetings have been held with interested residents, and a third meeting is scheduled for the end of May. Staff has also presented about the Housing Element to five of the City’s Commissions, with the sixth presentation scheduled for the summer. Additionally, a presentation was also provided to the Pedestrian, Equestrian, and Bicycle Trails Advisory Committee. Commission and Committee members can serve as communication ambassadors to spread this important information throughout the community. The City conducted targeted outreach to community partners, such as the Saratoga Chamber of Commerce, Saratoga Ministerial Association, schools, and Saratoga Area Senior Coordinating Council. As part of this effort, the City shared information about the Housing Element and encouraged these organizations to share details with community members that they serve. Additionally, the City requested an opportunity to present information about the Housing Element update to these organizations. Staff also shared information about the Housing Element update with the Saratoga News. Engagement Phase 2: Priorities and Values Staff’s assessment of the first phase of engagement is that the goals to create interest in the Housing Element and a foundation that future conversations can build from have been achieved. As a result, staff is working on plans for the second phase, which will focus on identifying community priorities and values. Recognizing that there are still more residents to connect with, this next phase will also deploy many of the tools used in phase 1 to attract attention as well as educate so that as many residents as possible can participate in the Housing Element update process. For example, the City plans to send another postcard citywide, create additional educational videos, use median banners, and visit the West Valley College Farmers’ Market. 175 The next series of community meetings are planned to be held virtually in June. Meeting dates are noted below and will be announced to the community. • Thursday, June 10, 2021 12:00 p.m. – 2:00 p.m. • Tuesday, June 15, 2021 7:00 p.m. – 9:00 p.m. • Saturday, June 26, 2021 9:00 a.m. – 11:00 a.m. Timeline The table below outlines major milestones and engagement efforts that will occur through the end of 2021. This table has been refined since the March 3, 2021 City Council. The third column highlights any distinctive communication tools that will be used, above and beyond the City’s standard methods, including the website, social media, median banners, and print materials. 2021 When Milestones & Goals Distinctive Tools March/ Early April Milestones: • Begin engagement process Goals: • Educate community on Housing Element o What is a Housing Element? o What is the process to update it? o What is the Regional Housing Needs Assessment (RHNA)? o What is Saratoga’s RHNA number? o How can residents participate? • Gain attention and participation • Special project webpage: www.saratoga.ca.us/housing • Housing Element newsletter • Educational video series • Citywide postcard (will also be translated into Chinese) • Question form • Community meeting • Small group meetings • In-person outreach (as permitted by COVID-19 regulations) May/June Milestones: • Engage in community conversation on the Housing Element update Goals: • Confirm community’s priorities and values • Identify and discuss policy options • Special project webpage updates: www.saratoga.ca.us/housing • Housing Element newsletter • Educational video series • Citywide postcard (will also be translated into Chinese) • Question form • Community meetings • Small group meetings • Online feedback tools • In-person outreach (as permitted by COVID-19 regulations) 176 Summer Milestones: • Submit RHNA appeal Goals: • Explain RHNA appeal process • Gather input on RHNA appeal • Online feedback tools Fall/Winter Milestones: • Receive final RHNA number • Share results of engagement with Planning Commission and City Council • Get City Council direction on future phases of engagement Goals: • Explain next steps in the update process • Affirm community priorities and values that will be used to help shape the Housing Element update • Video series • Citywide postcard (will also be translated into Chinese) • Community meeting • Small group meetings • In-person outreach (as permitted by COVID-19 regulations) • Online feedback tools ATTACHMENTS Attachment A – English and Chinese Citywide Postcards Attachment B – Median Banners 177 City of SaratogaHousing Element Update CITY o f S ARATO G A CALIF O R N IA1956 s a r a toga HELP THE COMMUNITY DECIDE WHERE TO PLACE OVER 1,700 NEW HOMES IN SARATOGA Housing Element Overview The City has kicked off the process to update the next General Plan Housing Element! Every 8 years, California cities are required to update their Housing Element to plan for projected housing needs at all income levels. Saratoga may need to plan for over 1,700 new homes to be built in Saratoga between 2023 and 2031. The decisions made during this process could cause significant changes in Saratoga. Why Your Input is Critical The first step in addressing this challenge will be to learn about the community’s values and priorities, and to identify possible solutions and policy changes. While the updated Housing Element is not due until January 2023, starting this process early provides an opportunity for the community to participate before it’s too late. We know you have a lot on your plate, but don’t miss your chance to shape the community you live in. Learn More You can find more information about the Housing Element and Regional Housing Needs Assessment, the City’s informational video series, and ways to participate on the City website at www.saratoga.ca.us/housing How To Participate Visit www.saratoga.ca.us/housing to find more information about the following ways you can participate: • Sign up to receive the Housing Element Newsletter. • Watch the City’s informational video series. • After watching the videos, use the form to submit questions you have or topics you would like covered in further detail. • Attend a community meeting. • Host a small group meeting where the City can share information with your neighbors and friends. To view this postcard in Chinese, visit www.saratoga.ca.us/translate本明信片中文版請查看： www.saratoga.ca.us/translate 178 CITY o f S ARATO G A CALIF O R N IA1956 s a r a toga 13777 Fruitvale Avenue • Saratoga, CA 95070 Community Meeting Schedule The first series of virtual community meetings will provide an overview of the Housing Element update process, discuss topics in more detail, and answer questions. Thursday, April 22 at 7:00 p.m. Webinar URL: https://us02web.zoom.us/j/88632451143 Webinar ID: 886 3245 1143 Call In: 1.408.638.0968 or 1.669.900.6833 Saturday, April 24 at 9:00 a.m. Webinar URL: https://us02web.zoom.us/j/86384423520 Webinar ID: 863 8442 3520 Call In: 1.408.638.0968 or 1.669.900.6833 Wednesday April, 28 at 12:00 p.m. Webinar URL: https://us02web.zoom.us/j/85289881256 Webinar ID: 852 8988 1256 Call In: 1.408.638.0968 or 1.669.900.6833 For more information, visit www.saratoga.ca.us/housing 179 薩拉托加市新建住房比例分配（Housing Element）更新 CITY o f S ARATO G A CALIF O R N IA1956 s a r a toga 幫助社區決定在何處建造 1700 多套新住宅新建住房比例分配概述市政府已經啓動下一次總體規劃新建住房比例分配的更新程序！按照規定，加州城市每八年一次更新其新建住房比例分配，基於不同收入的家庭所需要的住房進行預測規劃。 2023 年至 2031 年期間，薩拉托加市可能需要規劃 1700 多套新住宅。在這一程序中作出的決定可能導致薩拉托加市的重大變化。爲什麽您的意見很重要在應對這一挑戰時，第一個步驟將是瞭解社區的價值觀和優先事項，確定可能的解決方案和政策變化。雖然更新新建住房比例分配的截止期限為 2023 年 1月，但儘早開始這一程序將為社區提供參與的機會，以免為時過晚。我們知道您很忙，但不要錯過機會，請對您所在社區的發展規劃提出意見。瞭解更多資訊欲進一步瞭解新新建住房比例分配和區域住房需求評估程序、市政府製作的系列資訊視頻和參與方式，請查看市政府網頁：www.saratoga.ca.us/housing 怎樣參與請查看：www.saratoga.ca.us/housing，進一步瞭解下列參與方式： • 登記訂閲新建住房比例分配通訊。 • 觀看市政府製作的系列資訊視頻。 • 觀看視頻後，請使用規定表格提交問題，或您希望詳細説明的題目。 • 參加社區會議。 • 組織一次小型會議，邀請市政府工作人員為您的鄰居和朋友介紹情況。如需用英文查看本明信片，請查閲網站：www.saratoga.ca.us/housing To view this postcard in English, visit www.saratoga.ca.us/housing 180 CITY o f S ARATO G A CALIF O R N IA1956 s a r a toga 13777 Fruitvale Avenue • Saratoga, CA 95070 社區會議時間安排第一個系列的虛擬社區會議將概述新建住房比例分配更新程序，詳細説明各種議題，並回答問題。 4 月 22 日星期四晚 7:00。虛擬會議連接：https://us02web.zoom.us/j/88632451143 虛擬會議 ID：886 3245 1143；電話：1.408.638.0968 或 1.669.900.6833 4 月 24 日星期六上午 9:00。虛擬會議連接： https://us02web.zoom.us/j/86384423520 虛擬會議 ID：863 8442 3520；電話：1.408.638.0968 or 1.669.900.6833 4 月 28 日星期三中午 12:00。虛擬會議連接：https://us02web.zoom.us/j/85289881256 虛擬會議 ID：852 8988 1256；電話：1.408.638.0968 or 1.669.900.6833 如需瞭解更多詳情，請查閱網站： www.saratoga.ca.us/housing 181 1,700+ New HomesComing Soon! www.saratoga.ca.us/housing Decide where to place them.182 1,700 New HomesComing to Saratoga! Community Meeting Schedule: www.saratoga.ca.us/housing 183 184 185 Housing Element Engagement Update 186 Housing Element Update •Due January 2023 •More than 1,700 new housing units •Built between 2023 and 2031 •Engagement strategy divided into distinct phases 187 Phase 1: Community Education •Generate interest •Build foundational understanding 188 Website •www.saratoga.ca.us/housing •3rd most viewed page •Viewed 3,500 times •“Housing” searched 33 times •Housing Element newsletter: 126 subscribers •Saratoga Source: 4,390 subscribers, included 8 times •Question/comment form: 16 submissions 189 Videos •Video 1 Housing Element Overview 430 Views •Video 2 Regional Housing Needs Allocation 214 Views •Video 3 Housing Element Legal Framework 153 Views •Video 4 Participate in the Housing Element 144 Views •Video 5 Housing Element Presentation 27 Views 190 Social Media •Initial posts received high engagement, which later declined •Nextdoor: 3,400 impressions •Facebook: 13,000 people reached 191 Postcard •Mailed to 12,000 addresses •Translated into Chinese •Shared online, at City Hall, and at Farmers’ Market 192 Median Banners •General information •Community meetings •Compelling language and graphics 193 Community Meetings •Thursday, April 22 66 Attendees •Saturday, April 24 45 Attendees •Wednesday, April 28 57 Attendees 194 Community Meeting Polls 1. How did you find out about today's Housing Element community meeting? A community leader: 8 A friend or neighbor: 13 A local organization: 3 City median banner: 13 City newsletter: 30 City postcard: 38 City social media: 10 City website: 28 Farmers' market: 0 Local news: 0 195 Community Meeting Polls 2. Have you subscribed to the Housing Element newsletter? Yes: 37 No: 46 196 Community Meeting Polls 3. Do you feel prepared to discuss your values, priorities, and possible policy options in June? Yes: 50 No: 14 197 Community Meeting Polls 4. What will you do to prepare for a discussion on avlues, priorities, and possible policy options? Watch the next set of Housing Element videos: 56 Request a small group meeting: 14 Subscribe to the Housing Element newsletter: 52 Submit questions I still have through the City website: 42 Tell my neighbors and friends about the Housing Element update: 53 198 Small Group Meetings •Held 2 meetings, with 1 more scheduled •Presented to 5 City Commissions, with 1 more scheduled •Presented to 1 City Committee 199 Targeted Outreach •Community partners •Saratoga News 200 Phase 2: Priorities and Values •Continue outreach and engagement efforts •Citywide postcard •Videos •Median banners •Farmers’ Market •Community meetings •Thursday, June 10 12:00 p.m. –2:00 p.m. •Tuesday, June 15 7:00 p.m. –9:00 p.m. •Saturday, June 26 9:00 a.m. –11:00 a.m. 201 Timeline March/Early April •Begin engagement process •Education •Gain attention and participation May/ June •Community conversation •Values •Priorities •Policy options Summer •RHNA appeal process Fall/ Winter •Receive final RHNA number •Share results •Planning Commission •City Council 202 203 204 205 SARATOGA CITY COUNCIL MEETING DATE:May 19, 2021 DEPARTMENT:City Manager’s Department PREPARED BY:Crystal Bothelio, Assistant City Manager SUBJECT:Public Art Committee Voting Membership RECOMMENDED ACTION: Direct staff accordingly. BACKGROUND: Council Member Bernald, with support from Mayor Zhao, made a request at the March 17, 2021 City Council Meeting for a discussion on the Public Art Committee voting membership. The Public Art Committee was created by the City Council in December 2016 to consist of 2 Saratoga City Council Members. In October 2020, the Public Art Committee recommended that the City Council expand the Public Art Committee to include 3 advisory members. At the recommendation of the Public Art Committee, the City Council adopted City Council Resolution 20-069 in November 2020 to expand the Committee to provide Saratoga residents an opportunity to be directly involved with public art efforts while retaining the ability of the assigned City Council Members to guide the program.The Public Art Committee is now comprised of two voting Saratoga City Council Members appointed by the Council each year as part of the annual City Council assignment process as well as three non-voting advisory members. Two advisory members are selected annually by the two City Council Members assigned to the Public Art Committee. The third advisory member is a member of the Library and Community Engagement Commission selected by that Commission. ATTACHMENTS: Attachment A –Resolution No. 20-069 206 RESOLUTION NO.20-069 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA DEFINING THE ROLES AND RESPONSIBILITIES OF THE PUBLIC ART COMMITTEE AND ADDING ADVISORY MEMBERS TO THE COMMITTEE WHEREAS, the City Council established the Public Art Committee in December 2016 as part of the annual City Council assignment process to consist of 2 Saratoga City Council Members responsible for considering and recommending opportunities for public art in Saratoga and authorizing placement of public art in the City of Saratoga in compliance with the City's Public Art Policy; and WHEREAS, the work of the Public Art Committee can be supported by insight and perspective from others and therefore the City Council wishes to expand the Committee to include advisory members. NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Saratoga hereby declares that: 1. The Public Art Committee is responsible for considering and recommending opportunities for public art in Saratoga and authorizing placement of public art in the City of Saratoga in compliance with the City's Public Art Policy; 2. The Public Art Committee consists of two Saratoga City Council members appointed by the Council each year for a one-year term and three non -voting advisory members. Advisory members shall serve terms of one calendar year and may be reappointed. Two of the advisory members shall be appointed by the voting members of the Committee and one shall be a member of the Library and Community Engagement Commission appointed by that Commission. Advisory members may be removed at any time for any reason by vote of the Public Art Committee. The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 41h day of November 2020 by the following vote: AYES: Mayor Howard A. Miller, Vice Mayor Mary -Lynne Bernald, Council Members Yan Zhao, Rishi Kumar NOES: ABSENT: ABSTAIN: 4 W4 a, a, ZZ Howard A. Miller, Mayor AT ES DATE: T zp IV Debbie Bretschneider, CMC City Clerk 1302189.2 207 SARATOGA CITY COUNCIL MEETING DATE:May 19, 2021 DEPARTMENT:City Manager’s Department PREPARED BY:Crystal Bothelio, Assistant City Manager SUBJECT:Public Art Policy RECOMMENDED ACTION: Consider the recommendations of the Public Art Committee and Finance Committee for amending the Public Art Policy and adopt a resolution implementing the selected recommendation or an alternative. BACKGROUND: About the Public Art Policy The Public Art Committee was created by the City Council in 2016. At that time, City Council approval was required for all art placements on City property and public art projects on a case-by- case basis. In 2018, the City Council established the Public Art Policy to delegate some of the responsibility for placement of public art on City property to the Public Art Committee. The 2018 policy allowed the Public Art Committee to authorize placement of art on City property so long as it was displayed for 3 years or less and did not exceed budgeted funds for public art, as approved by the City Council. Additionally, artwork itself was required to meet various criteria. For example, artwork could not pose a public safety threat, had to be in an appropriate scale for the display location, and could not contain political statements or symbols, religious reference or symbols, profane or offensive content, graffiti-like style artwork, copyrighted or trademarked material, or corporate or organizational references, branding, or symbols. Recent Changes to the Public Art Policy In the current Fiscal Year, the Public Art Committee has been exploring options for short-term leases of public art in compliance with the Public Art Policy. While the 2018 Public Art Policy specifically outlined that the Public Art Committee could authorize placement of artwork so long as it is displayed for 3 years or less and meets other policy criteria, placing leased artwork in public could make the City responsible for the full cost of the artwork if damaged; this risk was not contemplated by the policy. To take this risk into account, staff requested that the Public Art Committee consider revisions to the Public Art Policy to establish the maximum value of a piece of artwork the Committee may 208 authorize placement on City property. This would ensure City Council approvals are obtained before the City assumes responsibility for higher value artwork. On February 16, 2021, the Public Art Committee recommended that the City Council adopt a change to the policy to allow the Committee to authorize placement of artwork valued at $25,000 or less if meets all other policy criteria. The threshold of $25,000 was selected as that is the City Manager authorization limit for services agreements and seemed an appropriate limit for a Council Committee. On March 3, 2021, the City Council adopted Resolution 20-010 revising the Public Art Policy based on the recommendation from the Public Art Committee. Artwork Leases, Purchases, and Donations During the discussion of the art value provision of the Public Art Policy on March 3, concern was expressed that the Policy provided too much discretion to the Public Art Committee because it authorizes purchase or lease of artwork that is valued at $25,000 or less with no City Council oversight. Donated artwork is subject to the City’s Donation Policy, which requires Council approval of donations valued at $500 or more. The Council requested that the Public Art Committee consider additional changes to clarify when the Committee may approve placement of leased, purchased, or donated artwork. Public Art Committee Recommendation The Public Art Committee discussed this request at the March 16, 2021 meeting and recommended that City Council adopt a revision to the Public Art Policy to authorize the Committee to approve placement of: 1) Leased artwork valued at an amount that does not exceed the City Manager’s purchasing authority (currently $25,000 or less) 2) Donated artwork valued at $500 or less Purchased artwork received no recommendation as the value. Instead, the Public Art Committee recommended that the City Council decide the upper limit of value for artwork that the Public Art Committee may place without separate City Council approval. A resolution reflecting the Public Art Committee’s recommended changes to the Public Art Policy is included as Attachment A. Should the City Council decide to adopt the Public Art Policy changes recommended by the Public Art Committee, the City Council will need to determine the upper limit of value for purchased artwork that the Public Art Committee may place without separate City Council approval. Finance Committee Recommendation On March 25, 2021, the Finance Committee recommended that City Council approval be required for placement of all leased, purchased, or donated art on City property. A resolution reflecting the Finance Committee’s recommended changes to the Public Art Policy is included as Attachment B. If the resolution is adopted as drafted, the City Council would return to the practice of approving placement of all art on City property after the Public Art Committee provides a recommendation on placement for Council consideration. The Finance Committee did not specifically discuss placement of temporary art installations, such as Rainy Day Sidewalk Poetry or Chalk Hopscotch. If the City Council wishes to delegate approval 209 authority for these installations, it could amend the resolution in Attachment B to include the following as a new section at the end of the Public Art Policy: 3. Notwithstanding Section 1 of this policy, the Public Art Committee may authorize placement of temporary artwork and exhibits that: (i) meet the criteria in Section 2; (ii) will be displayed on City property for 90 days or less; and (iii) can be accounted for within the budget approved by the City Council. With this amendment, the Public Art Committee would be authorized to approve placement of temporary artwork on City property without City Council approval. Both resolutions change the format of the Public Art Policy to make the policy itself a separate standalone document attached to the resolution. ATTACHMENTS: Attachment A – Resolution Amending the Public Art Policy as Recommended by the Public Art Committee Attachment B – Resolution Amending the Public Art Policy as Recommended by the Finance Committee Attachment C – Current Public Art Policy (Resolution No. 21-010) 210 RESOLUTION NO. 21-____ WHEREAS, with the formation of the Public Art Committee and an increasing interest in public art, some of the responsibility regarding placement of public art was delegated to the Public Art Committee with the adoption of the Public Art Policy; and WHEREAS, the City Council of the City of Saratoga adopted Resolution 21-010 establishing the current Public Art Policy; and WHEREAS, the City Council wishes to further clarify when the Public Art Committee is authorized to approve placement of artwork on public property based on whether the artwork is leased, donated, or purchased as set forth in the attached Public Art Policy; and WHEREAS, this resolution shall replace and supersede all prior resolutions, policies, and understandings relating to the Public Art Policy. NOW, THEREFORE BE IT RESOLVED,that the City Council of the City of Saratoga hereby replaces the Public Art Policy adopted by Resolution 21-010 with the attached Public Art Policy and declares that this resolution shall replace and supersede all prior resolutions, policies, and understandings relating to the Public Art Policy. The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 19th day of May 2021 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Yan Zhao, Mayor ATTEST: DATE: Debbie Bretschneider, CMC City Clerk 211 City of Saratoga Public Art Policy (Adopted May 19, 2021 via Resolution 21-__) – Page 1 of 1 CITY OF SARATOGA PUBLIC ART POLICY Adopted May 19, 2021 via Resolution 21-__ The City Council of the City of Saratoga has approved this policy concerning the placement of public art or exhibits on City property. 1. The Public Art Committee hereby is authorized to approve installation of artwork and exhibits on City property that meet the following criteria: a) Artwork/exhibits do not impede typical uses of the site where they are proposed to be installed b) Artwork/exhibits are appropriate in scale, media, and context with the intended display location c) Artwork/exhibits do not contain political statements or symbols, religious reference or symbols, profane or offensive content, graffiti-like style artwork, copyrighted or trademarked material, or corporate or organizational references, branding, or symbols d) Artwork/exhibits are suitable for display to a diverse audience, including children, and should help create a sense of place and community e) There is evidence of community support for the artwork/exhibit f) Artwork/exhibits installed outdoors are able to withstand an outdoor environment through the public display period g) Artwork/exhibits do not pose a threat to public safety h) Any costs associated with artwork/exhibits, such as a lease or installation expenses,can be accounted for within the Public Art Budget approved by the City Council i) Artwork/exhibits will be displayed for a period of 3 years or less j) Artwork/exhibits that are leased or loaned to the City are valued at an amount that does not exceed the CityManager’s purchasing authority as defined in the City’s Purchasing Policy k) Artwork/exhibits that are donated to the City are valued at $500 or less per the City of Saratoga Donation Policy l) Artwork/exhibits that are purchased by the City in the amount of $[amount to be specified] or less 2. Placement of public art or exhibits on City property by the City of Saratoga that do not fall within the discretion of the Public Art Committee shall be reviewed by the Public Art Committee and, at the recommendation of the Public Art Committee, be considered for approval by the City Council by majority vote on a case-by-case basis. 212 RESOLUTION NO. 21-____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING THE PUBLIC ART POLICY WHEREAS, with the formation of the Public Art Committee and an increasing interest in public art, some of the responsibility regarding placement of public art was delegated to the Public Art Committee with the adoption of the Public Art Policy; and WHEREAS, the City Council of the City of Saratoga adopted Resolution 21-010 establishing the current Public Art Policy; and WHEREAS, the City Council wishes to be responsible for authorizing placement of all artwork and exhibits on City property as set forth in the attached Public Art Policy; and WHEREAS, this resolution shall replace and supersede all prior resolutions, policies, and understandings relating to the Public Art Policy. NOW, THEREFORE BE IT RESOLVED,that the City Council of the City of Saratoga hereby replaces the Public Art Policy adopted by Resolution 21-010 with the attached Public Art Policy and declares that this resolution shall replace and supersede all prior resolutions, policies, and understandings relating to the Public Art Policy. The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 19th day of May 2021 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Yan Zhao, Mayor ATTEST: DATE: Debbie Bretschneider, CMC City Clerk 213 City of Saratoga Public Art Policy (Adopted May 19, 2021 via Resolution 21-__) – Page 1 of 1 CITY OF SARATOGA PUBLIC ART POLICY Adopted May 19, 2021 via Resolution 21-__ The City Council of the City of Saratoga has approved this policy concerning the placement of public art or exhibits on City property. 1. Placement of public art or exhibits on City property shall be reviewed by the Public Art Committee and, at the recommendation of the Public Art Committee, be considered for approval by the City Council by majority vote on a case-by-case basis. 2. The Public Art Committee shall only recommend installation of artwork and exhibits on City property that meet the following criteria: a) Artwork/exhibits do not impede typical uses of the site where they are proposed to be installed b) Artwork/exhibits are appropriate in scale, media, and context with the intended display location c) Artwork/exhibits do not contain political statements or symbols, religious reference or symbols, profane or offensive content, graffiti-like style artwork, copyrighted or trademarked material, or corporate or organizational references, branding, or symbols d) Artwork/exhibits are suitable for display to a diverse audience, including children, and should help create a sense of place and community e) There is evidence of community support for the artwork/exhibit f) Artwork/exhibits installed outdoors are able to withstand an outdoor environment through the public display period g) Artwork/exhibits do not pose a threat to public safety 214 215 216