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HomeMy WebLinkAbout12-21-2022 City Council Agenda Packet, amended 12-21-2022Saratoga City Council Agenda December 21, 2022 – Page 1 of 6 SARATOGA CITY COUNCIL REGULAR MEETING DECEMBER 21, 2022 AMENDED AGENDA • 12/21/2022 ITEM 1.1 WRITTEN COMMUNICATIONS ADDED • 12/21/2022 ITEM 2.3 SUPPLEMENTAL INFORMATION ADDED • 12/21/2022 ITEM 2.4 SUPPLEMENTAL MEMO ADDED (RESOLUTION APPROVING COUNCIL ASSIGNMENTS) Teleconference/Public Participation Information The Commission Interviews, Study Session and Regular Session will be held in-person and by teleconference pursuant to amendments to the teleconference rules required by the Ralph M. Brown Act allowing teleconferencing during a proclaimed state of emergency when a local official has recommended social distancing. Members of the City Council and the public may participate in person at the location listed below or via the Zoom platform using the information below. Members of the public can view and participate in the 5:30 p.m. Commission Interviews by: 1. Attending the meeting in person at the City Hall Linda Callon Conference Room, located at 13777 Fruitvale Avenue, Saratoga CA 95070; OR 2. Accessing the meeting through Zoom • https://us02web.zoom.us/j/82342704483 • Webinar ID 823 4270 4483 OR • Calling 1.408.638.0968 or 1.669.900.6833 Members of the public can view and participate in the 6:00 p.m. Study Session by: 1. Attending the meeting in person at the City Hall Linda Callon Conference Room, located at 13777 Fruitvale Avenue, Saratoga CA 95070; OR 2. Accessing the meeting through Zoom • https://us02web.zoom.us/j/86846057855 • Webinar ID 868 4605 7855 OR • Calling 1.408.638.0968 or 1.669.900.6833 Members of the public can view and participate in the 7:00 p.m. Regular Session by: 1. Attending the meeting in person at the Civic Theater, Council Chambers located at 13777 Fruitvale Avenue, Saratoga CA 95070; OR 2. Accessing the meeting through Zoom • Webinar URL: https://us02web.zoom.us/j/81627041223 • Webinar ID: 816 2704 1223 • Call In: 1.408.638.0968 or 1.669.900.6833; OR 3. Viewing the meeting on Saratoga Community Access Television Channel 15 (Comcast Channel 15, AT&T UVerse Channel 99 and calling in following the direction above; OR Saratoga City Council Agenda December 21, 2022 – Page 2 of 6 4. Viewing online at http://saratoga.granicus.com/MediaPlayer.php?publish_id=2 and calling in following the direction above. Written Communication Comments can be submitted in writing at www.saratoga.ca.us/comment. Written communications will be provided to the members of the City Council and included in the Agenda Packet and/or in supplemental meeting materials. Public Comment Members of the public may comment on any item for up to three (3) minutes. The amount of time for public comment may be reduced by the Mayor or by action of the City Council. Public Comment will begin with speakers attending in-person first followed by those attending via Zoom. Meeting Recording Information In accordance with the Saratoga City Council’s Meeting Recording Policy, City Council Study Sessions, Joint Meetings, Joint Sessions, Commission Interviews, Retreats, meetings with the Planning Commission, and Regular Session Meetings are recorded and made available following the meeting on the City website. 5:30 PM COMMISSION INTERVIEWS City Hall, Linda Callon Conference Room | 13777 Fruitvale Avenue, Saratoga, CA 95070 Time Name Commission Vacancies Incumbent 5:30 p.m. Vicky Chu Heritage Preservation Commission 2 full terms, 1 partial term No 5:40 p.m. Margarete Minar Heritage Preservation Commission 2 full terms, 1 partial term No 5:50 p.m. Zhen Li Heritage Preservation Commission 2 full terms, 1 partial term No 6:00 P.M. STUDY SESSION City Hall, Linda Callon Conference Room | 13777 Fruitvale Avenue, Saratoga, CA 95070 2023 Preview Study Session Discussion Topics City Council Norms of Operation 7:00 PM REGULAR SESSION Civic Theater, Council Chambers | 13777 Fruitvale Avenue, Saratoga, CA 95070 PLEDGE OF ALLEGIANCE ROLL CALL REPORT ON POSTING OF THE AGENDA The agenda for this meeting was properly posted on December 16, 2022. REPORT FROM STUDY SESSION Saratoga City Council Agenda December 21, 2022 – Page 3 of 6 ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS Any member of the public may address the City Council 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 Commendation for Belal Aftab Recommended Action: Commend Belal Aftab for his service on the Saratoga Traffic Safety Commission. Staff Report Attachment A - Commendation for Belal Aftab Commendation for Rina Shah Recommended Action: Commend Rina Shah for her service on the Saratoga Heritage Preservation Commission Staff Report Attachment A - Commendation for Rina Shah 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. 1.1. City Council Meeting Minutes Recommended Action: Approve the Minutes for the December 7, 2022 City Council Regular Meeting and the December 13, 2022 City Council Special Meeting. Staff Report Attachment A - Minutes for the December 7 2022 City Council Regular Meeting Attachment B - Minutes for the December 13, 2022 City Council Special Meeting Supplemental Memo - Item 1.1 Written Communications 1.2. Review of Accounts Payable Check Registers Recommended Action: Review and accept check registers for the following accounts payable payment cycles: 11/29/22 Period 5; 12/1/22 Period 6; 12/5/22 Period 6. Staff Report Attachment A - Check Register 11-29-2022 Attachment B - Check Register 12-1-2022 Attachment C - Check Register 12-5-2022 Saratoga City Council Agenda December 21, 2022 – Page 4 of 6 1.3. Amendment to the Agreement with Urban Planning Partners, Inc. for preparation of the 2023-2031 Housing Element Update and General Plan Amendment Environmental Impact Report Recommended Action: Authorize the City Manager to execute an amendment to the agreement with Urban Planning Partners, Inc. (UPP) to increase the amount not to exceed by $65,000 (from $481,981to $546,981) for the 2023-2031 Housing Element Update and General Plan Amendment Environmental Impact Report. Staff Report Attachment A - UPP Proposed Contract Amendment 1.4. Commission Local Appointments List and Terms Expiring in 2023 Recommended Action: Adopt the Local Appointments List for terms expiring in the 2023 calendar year and direct the City Clerk to post on the City’s website. Staff Report Attachment A - 2023 Local Appointment List Attachment B - 2023 Tentative Commission Recruitment Schedule 2. GENERAL BUSINESS 2.1. Amendment to Agreement with Flock Group Inc. Recommended Action: Authorize the City Manager to execute an amended agreement with Flock and approve a resolution authorizing the City Manager to enter and submit supplemental orders as part of the City’s agreement with Flock. Staff Report Attachment A – Amended Agreement with Flock Attachment B – Resolution Authorizing the City Manager to Enter and Submit Supplemental Orders as Part of the City’s Agreement with Flock 2.2. AB1600 Development Impact Fee Annual Report Recommended Action: Review and accept the annual AB1600 Development Impact Fee report for the fiscal year ended June 30, 2021 and June 30, 2022. Staff Report 2.3. Services Agreement for City Manager’s Department Program Support Recommended Action: Authorize the City Manager to execute an agreement with Crystal Bothelio to provide program support for the City Manager’s Department for an amount not to exceed $135,000. Staff Report Attachment A - Draft Agreement Attachment B - Illustration of Duties Supplemental Memo - Item 2.3 Additional Information Saratoga City Council Agenda December 21, 2022 – Page 5 of 6 2.4. Adoption of City Council Assignments Recommended Action: Adopt the Resolution establishing City Council assignments for calendar year 2023. Staff Report Attachment B - City Council Assignment Descriptions Supplemental Memo - Item 2.4 Resolution Approving Council Assignments COUNCIL ASSIGNMENTS Mayor Kookie Fitzsimmons Council Finance Committee Hakone Foundation Board of Trustees Santa Clara County Housing and Community Development (HCD) Advisory Committee Saratoga Chamber of Commerce Board Saratoga Sister City Committee Liaison Vice Mayor Yan Zhao Association of Bay Area Governments Saratoga Area Senior Coordinating Council Board of Directors Saratoga Ministerial Association Valley Transportation Authority (VTA) Policy Advisory Committee Valley Transportation Authority (VTA) State Route 85 Corridor Policy Advisory Board West Valley Sanitation District Board of Directors Council Member Tina Walia 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 Hakone Foundation Board of Trustees and Executive Board KSAR Community Access TV Board Silicon Valley Clean Energy Authority Board of Directors West Valley Mayors & Managers Association 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, Britt Avrit, City Clerk for the City of Saratoga, declare that the foregoing agenda for the meeting of the City Council was posted and available for review on December 16, 2022 at the City of Saratoga, 13777 Fruitvale Avenue, Saratoga, California and on the City's website at www.saratoga.ca.us. Saratoga City Council Agenda December 21, 2022 – Page 6 of 6 Signed this 16th day of December 2022 at Saratoga, California. Britt Avrit, MMC, City Clerk In accordance with the Ralph M. Brown Act, copies of the staff reports and other materials provided to the City Council by City staff in connection with this agenda, copies of materials distributed to the City Council concurrently with the posting of the agenda, and materials distributed to the City Council by staff after the posting of the agenda are available on the City website at www.saratoga.ca.us and are available for review in the office of the City Clerk at 13777 Fruitvale Avenue, Saratoga, California. In compliance with the Americans with Disabilities Act and the Governor’s Executive Order, if you need assistance to participate in this meeting, please contact the City Clerk at bavrit@saratoga.ca.us or calling 408.868.1216 as soon as possible before the meeting. The City will use its best efforts to provide reasonable accommodations to provide as much accessibility as possible while also maintaining public safety. [28 CFR 35.102-35.104 ADA title II] 2023 Preview Study Session December 21, 2022 DISCUSSION TOPICS • Meeting Announcements • 2023 Meeting Schedule & Summer Recess • Joint Sessions • Council Retreat Discussion Topics • City Events 2023 MEETING SCHEDULE & SUMMER RECESS • Summer recess scheduled for Council vote at the January 18, 2023 meeting • 2021-2022: both meetings in August • Previous years: last meeting in July, first meeting in August Date Details January 4 6:00 p.m. Closed Session 7:00 p.m. Special Meeting January 18 5:00 p.m. Closed Session 6:00 p.m. Commission Interviews 7:00 p.m. Regular Session February 1 5:00 p.m. Closed Session February 10 9:00 a.m. – 4:00 p.m. Retreat February 15 7:00 p.m. Regular Session March 1 5:00 p.m. or 6:00 p.m. Commission Interviews 7:00 p.m. Regular Session March 15 7:00 p.m. Regular Session March Date TBD 6:00 p.m. – 9:00 p.m. Commission Work Plan Study Session April 5 7:00 p.m. Regular Session April Date TBD Budget Study Session April 19 7:00 p.m. Regular Session May 3 7:00 p.m. Regular Session 6:00 p.m. Joint Session with Planning Commission May Date TBD 5:00 p.m. – 9:00 p.m. Youth Commission Interviews May 17 7:00 p.m. Regular Session June 7 7:00 p.m. Regular Session June 21 6:00 p.m. Closed Session (City Attorney Review 7:00 p.m. Regular Session July 5 6:00 p.m. Closed Session (City Manager Review) 7:00 p.m. Regular Session July 19 7:00 p.m. Regular Session August 2* 7:00 p.m. Possible Recess 5 2023 Preview Study Session – December 21, 2022 – Page 2 August 16* 7:00 p.m. Possible Recess September 6 5:00 p.m. or 6:00 p.m. Commission Interviews 7:00 p.m. Regular Session September 20 7:00 p.m. Regular Session October 4 7:00 p.m. Regular Session October 18 7:00 p.m. Regular Session November 1 7:00 p.m. Regular Session November 15 7:00 p.m. Regular Session December 6 5:00 p.m. or 6:00 p.m. Commission Interviews 7:00 p.m. Reorganization + Regular Session December 20 7:00 p.m. Regular Session JOINT SESSIONS 2022 Groups • LGS Recreation • West Valley-Mission Community College District Board of Trustees • Planning Commission • Neighborhoods/Neighborhood Watch • County Fire + Sheriff’s Office • Saratoga Historical Foundation + Saratoga Chamber of Commerce • Supervisor Joe Simitian • Hakone Foundation + SASCC • Saratoga Schools • Saratoga Ministerial Association + KSAR Historical Groups Organization Past Joint Sessions Hakone Foundation 2018, 2019, 2020, 2021, 2022 Los Gatos Saratoga Recreation 2020, 2021, 2022 Montalvo Arts Center 2018, 2019, 2020, 2021 Mountain Winery 2018, 2019 Santa Clara County Fire 2018, 2019, 2020, 2021, 2022 Santa Clara County Sheriff’s Office 2018, 2019, 2020, 2021, 2022 Santa Clara County Supervisor 2018, 2019, 2020, 2021, 2022 Saratoga Area Senior Coordinating Council (SASCC) 2018, 2019, 2020, 2021, 2022 Saratoga Chamber of Commerce 2018, 2019, 2020, 2021, 2022 Saratoga Community Access Cable TV Foundation (KSAR) 2018, 2019, 2020, 2022 Saratoga Historical Foundation 2019, 2020, 2021, 2022 Saratoga Ministerial Association 2018, 2019, 2020, 2021, 2022 6 2023 Preview Study Session – December 21, 2022 – Page 3 Saratoga Neighborhoods & Neighborhood Watch 2018, 2019, 2021, 2022 Saratoga Schools 2018, 2019, 2020, 2021, 2022 Saratoga Sister City Group 2018, 2019, 2020 Saratoga Youth in Government 2019 Silicon Valley Leadership Group 2019 State Assembly Member 2018 State Senator 2018, 2019 West Valley – Mission Community College District Board of Trustees 2018, 2019, 2020, 2021, 2022 2022 Joint Session Format • Mayor’s Welcome & Council Introductions • Group 1 Self-Introductions, Presentation, Questions • Group 2 Self-Introductions, Presentations, Questions • Public Comment • Additional Discussion/Questions • Meeting End CITY COUNCIL RETREAT • February 10, 2023 · 9:00 a.m. – 4:00 p.m. at Hakone Gardens • Draft Topics o Mid-Year Budget Update o Updated 3-Year Forecast o CIP Preview o 2023-24 Budget Balancing Measures o Service Levels o ARPA Status Update o Legislative Update 7 CITY OF SARATOGA CITY COUNCIL NORMS OF OPERATION (Updated via Resolution 18-005, March 7, 2018) Section 1. OPERATION OF CITY COUNCIL MEETINGS A. City Council Meetings shall be conducted following the outline listed in Section 7.B. of these Norms. Each item shall be introduced by the Mayor and heard in accordance with the Rules of Parliamentary Procedure attached hereto as Exhibit A. The Mayor may place an item anywhere on the agenda. During Council Items at a Regular Meeting, two City Council Members may request an item be placed on a future agenda. B. In order to ensure that all members of the public have an opportunity to speak and that the Council is able to complete its business, there will be a three-minute limitation on comments by the public except for applicants and appellants at public hearings or as otherwise provided by law. In order to effectively enforce this rule, the City Clerk will monitor the time for each speaker with an electronic timer. If there are more than twenty (20) identified speakers for one item at the beginning of the public comment period or public hearing, the Mayor may adjust the three-minute time down to two minutes per speaker or less if approved by the City Council. C. Closed Sessions of the City Council shall generally be conducted prior to the 7:00 p.m. business portion of regular meetings. If necessary, Closed Sessions not completed prior to the 7:00 p.m. business portion will be considered at the conclusion of the business portion of the meeting, or as approved by the City Council. D. A Special Council Meeting may be called by the Mayor with proper public notice. E. Members of Council should not engage in debate with a member of the public or staff at Council Meetings since these debates seldom resolve concerns and many times inflame feelings at a public meeting. Any concerns by a member of Council over the behavior or work of a City employee during a Council meeting should be directed to the City Manager privately to ensure the concern is resolved. F. Prior to the close of the public hearing or comment period Council Members may ask questions of anyone in the audience. The public hearing and comment period are the times for Council to receive evidence. Once the hearing or comment period is closed, the Council deliberates based on that evidence. While Council may elect to re-open a hearing or comment period (assume no prejudice to the rights of an applicant or appellant), it should make every effort to get all the information it needs while the hearing or comment period is still open. If the Council asks questions after the final presentation of the applicant/appellant in a permit-related hearing, the Council would need to provide the applicant/appellant with an opportunity to rebut the answers to the questions. While these rules need not apply as strictly to hearings where due process is less of an issue (i.e., an ordinance amendment), a uniform set of rules for all public hearings and comment periods is desirable. 8 G. The Mayor may, with Council concurrence, call for Council consideration of agenda items out of their prescribed order on the printed agenda. Section 2. MEETING DECORUM A. Appropriate attire, including shoes and shirts, are required in the Council Chambers and other Council meeting rooms at all times. Persons in the audience will not place their feet on the seats in front of them. No food, drink (other than bottled water with a cap), or chewing gum is allowed in the Council Chambers and other Council meeting rooms, except as otherwise pre-approved by City staff. All persons entering the Council Chambers and other Council meeting rooms, including their bags, purses, briefcases and similar belongings, may be subject to search for weapons and other dangerous materials. B. Persons in the audience shall be respectful of others and will refrain from behavior which will disrupt the public meeting. This includes refraining from: - Using electronic devices except in connection with the meeting; - Making loud noises, clapping, shouting, booing, hissing during public testimony and Council consideration of policy matters; - Engaging in any activity in a manner that disturbs, disrupts or impedes the orderly conduct of the meeting; and - Creating, provoking or participating in any type of disturbance involving unwelcome physical contact. C. Interactions between the public and the Council shall be courteous and respectful. No person who addresses the Council shall make any belligerent, personal, impertinent, irrelevant, redundant, slanderous, loud, threatening, abusive or disparaging remark, statement or commentary toward the Council, staff or other individuals in a manner which disrupts, disturbs or otherwise impedes the orderly conduct of the Council meeting. Any violation of this rule shall be grounds for terminating the person’s comment period. Council shall not be belligerent or make disparaging commentary toward the speaker. Nothing in this section shall prohibit or discourage orderly criticism of any City decision or policy within the limits of these rules. If a member of the public fails to follow these rules after being warned once, the Council may bar that individual from further testimony for the evening or remove the person from the meeting. D. The City Council uses computers at the dais for agenda materials. Council Members should limit their use of computers to matters pertaining to the meeting and comply with the City’s Electronic Communications Policy (for example, no e-mailing or other communication during the meeting except in cases of family emergencies). In using computers at the dais Council Members should be respectful of their fellow Council members, staff, and the public. Council Members should not base decisions on information acquired through the internet during a Council meeting unless the information and its source is shared with the entire Council and the public as part of the meeting before the decision is made. 9 E. Members of the public wishing to make a slide presentation as part of their comments to the City Council must provide the file to the City Clerk’s office at least 24 hours prior to the meeting in a format compatible with the City’s projection system (details on these requirements are available from the City Clerk’s office). Failure to comply will result in the presentation being rejected. All presentations must comply with the time limits applicable to the agenda item. F. All materials presented to the City Council, including written materials are public records subject to inspection in accordance with applicable laws. Section 3. CITY COUNCIL RELATIONS WITH CITY STAFF A. There shall be mutual respect from both staff and Council Members of their respective roles and responsibilities when and if expressing criticism in public session. B. City staff shall acknowledge the Council as policy makers and the City Council shall acknowledge staff as administering the Council's policies. C. All written requests for information or questions by City Council Members to staff shall be directed to the City Manager, City Attorney, City Clerk, or Department Managers (with a copy to the City Manager). All complaints should be submitted to the City Manager or, if a complaint concerns the City Manager, to the City Attorney. D. All written informational material requested by individual Council Members shall be submitted by staff to all Council Members with the notation indicating which Council Member requested the information. E. Council shall not attempt to coerce staff in the making of appointments, the awarding of contracts, the selection of consultants, the processing of development applications, the granting of City licenses or permits. The Council shall not attempt to change or interfere with the operating policies and practices of any City department. F. Mail, including email, that is addressed to the Mayor and City Council shall be circulated by the City Clerk to the City Council. If the communication warrants a response, the Mayor's response, in addition to the original communication, will be submitted to the City Council for their information. G. The City Clerk shall open mail addressed to all Council Members unless requested not to do so. H. Individual Council Members shall not direct staff to initiate any action or prepare any report that is significant in nature or initiate any project or study. All such direction shall be provided by the City Manager or by action of a majority of the City Council at a City Council meeting. Council Members may ask for limited resources and information for items that are on an agenda as long as any information is distributed to all City Council Members. 10 Section 4. CITY COUNCIL AND COMMISSION RELATIONSHIP, INTERACTIONS WITH OTHER CITY OF SARATOGA BODIES, AND RELATIONSHIPS WITH OTHER BODIES OUTSIDE OF SARATOGA A. Members of the City Council should not attempt to influence or publicly criticize Saratoga Commission recommendations, or to influence or lobby individual Commission Members on any item under their consideration. It is important for Commissions to be able to make objective recommendations to the City Council on items before them. Members of Council that attempt to strongly influence Commission positions on an item may prejudice or hinder their role in reviewing the commission's recommendation as a member of the City Council. B. Individual Council Members and Commissioners shall have the right to attend meetings of other Saratoga governmental bodies but shall refrain from speaking or becoming involved in the meeting's discussions. If asked a question, the Council Member or Commissioner should indicate that he/she can only provide a personal opinion and does not speak for the Council or Commission as a whole. C. If a member of the City Council or a Commission appears before a non-City of Saratoga governmental agency or organization except as a member of outside agency appointed by the City Council to give a statement on an issue affecting the City, the Council Member or Commissioner should first indicate the majority position and opinion of the Council or Commission (if any). Personal opinions and comments may be expressed only if the Council Member or Commissioner clarifies that these statements do not represent the position of the City Council or Commission. D. Both Council Members and Commissioners shall at all times strive to be attentive, maintain respectful discourse in regards to one another and focus comments on the policy matters under consideration while refraining from expressing criticism of members of the Council or a Commission or engaging in side discussions with others. Section 5. CITY COUNCIL HANDLING OF LITIGATION AND OTHER CONFIDENTIAL OR SENSITIVE INFORMATION A. City Council Members shall keep all written materials and verbal information provided to them on matters that are confidential in complete confidence to ensure that the City's position is not compromised. No disclosure or mention of information in these materials shall be made to anyone other than Council Members, the City Attorney or City Manager. All negotiations and other contacts concerning matters that have come before the City Council in closed session (including, but not limited to, property acquisition or disposal, a pending claims or litigation, and/or employee negotiations) with the other party and/or party’s agents or other representatives shall be limited to, and made by, the designated City staff representative handling the negotiations, claim or litigation unless the City Council has directed that a specific Council member to assist staff in negotiations. Except as authorized above, no Council Member who has participated in any closed session shall have any contact 11 or discussion with the other party or its agents or representatives concerning the matter under consideration except during public meetings of the City Council. All public statements, information and press releases shall be handled exclusively by the City’s designated spokesperson. B. The personal contact information of members of the public included as part of reports and attachments to agenda items shall only be used in relation to that agenda item. To the greatest extent possible, staff will work to minimize the amount of personal contact information for members of the public published in agenda materials posted on the City website. Section 6. BUSINESS OF THE CITY COUNCIL A. Seating Arrangement of the City Council – At regular City Council Meetings held in the Civic Theater, the City Council shall be seated based on the order of the Mayoral rotation, as set forth by the Mayoral Rotation Policy, with the Mayor seated on the left of the five members of the City Council. The Vice Mayor shall be seated to the right of the Mayor. It shall be at the Mayor’s discretion to determine the final seating arrangement of the City Council. B. City Council Reorganization – The City Council Reorganization shall be held at the beginning of the first regular meeting of December unless the City Council calls and holds a special meeting on the Tuesday immediately preceding the first regular meeting of December. The floor shall be open to nominations for the purpose of electing a Mayor and Vice Mayor to serve for the following year. Such elections shall be made by majority vote of the Council members present at the meeting. The Mayor and Vice Mayor shall assume the duties of their respective offices immediately upon election. The Mayor and Vice Mayor shall serve a one-year term at the pleasure of the Council. In election years the date of the special meeting referenced above may be changed by the City Clerk as necessary to ensure compliance with State election laws. C. Mayor and Council Roles – The Mayor shall act as the primary spokesperson and official representative of the City Council, unless such responsibility is delegated by the Mayor, or otherwise assigned by a majority vote of the City Council. The Mayor shall preside at all meetings of the City Council. The Mayor shall execute all official City documents, warrants and correspondence approved by City Council. The Mayor shall serve as the primary contact for the City Manager to provide direction and advice regarding routine planning and operational issues (i.e. meeting schedules, event dates, dispositions of correspondences, etc.). In scheduling events, the Mayor shall give due consideration to availability of other Council Members, the timing of the event relevant to formal City action in connection with the event (e.g., coordinating a groundbreaking with the start of actual construction), and past practices. Nothing in this section is intended to suggest that the position of Mayor wields formal power or authority in excess of the other members of the City Council. Rather, the person serving as Mayor is to be recognized as the leader of the Council, or first among equals. The Vice Mayor shall serve and perform the functions as Mayor in the absence of the duly elected Mayor. 12 D. Council Committee/Agency Assignments During the first meeting in December, the Mayor shall announce that new appointments for Committee/Agency Assignments are necessary. A list of committee/agency assignments shall be given to each Council Member. Following the meeting, each Council Member shall provide the Mayor with a list of the Committee/Agency Assignments in which the Council Member is interested. The Mayor shall propose appointments for Council approval at the second City Council meeting in December. E. Ex Parte Communications An Ex Parte Communication occurs when a Council member receives information from a member of the public outside of a public meeting concerning a matter to be heard by the City Council. Ex Parte communications are an inherent part of the City of Saratoga’s commitment to allowing City residents ample opportunity to consult with elected officials both inside and outside of public meetings. At the same time, the City is committed to the principle that the business of the public should be conducted in public, to ensure that citizens are afforded the opportunity to participate in the making of decisions that affect their lives, and the means to evaluate choices made by the City and its officers. Where a City Council Member has received information outside of a public meeting that the Council Member believes has a bearing on the decision and that is not reflected in the staff report presented to the Council and the public, the Council Member should provide that information to the rest of the Council and the public following the staff report and prior to beginning of public testimony on the matter. This will allow the public and other members of the Council to consider the information in forming their views on the decision at hand. In addition, persons affected by the decision will also have the opportunity to know the evidence on which the decision is to be based and have an opportunity to comment on it and, if need be, to rebut it. This approach allows all members of the public access to elected officials and to the rationale for decisions made by those officials. F. Issuing Proclamations, Commendations and Certificates A proclamation is prepared at the discretion of the Mayor to proclaim a specific date or event. Proclamations are prepared for signature by the Mayor. They may be presented at a City Council meeting or at an event or meeting outside the City Council meeting. A commendation is prepared at the discretion of the Mayor. A commendation may be issued for accomplishments, such as: • Athletic/academic accomplishments • Act of heroism • Youth Accomplishments • A Community Organization’s Citizen of the Year • A Community Organization’s Business Person of the year • Outgoing elected officials 13 • Outgoing City Commissioners Commendations are prepared for signature by the Mayor. They may be presented at a City Council meeting or at an event or meeting outside the City Council meeting. Certificates of recognition are prepared for signature by the Mayor. They may be presented at a City Council meeting or at an event or meeting outside the City Council meeting. G. Event Scheduling The Mayor shall work with City staff to schedule the dates of City organized events. Due consideration will be given to the availability of other Council Members and community organizations involved in the event. H. Resolutions of Support or Opposition Resolutions of support or in opposition to a legislative action or special issue shall only be brought before the City Council for consideration if the topic of the resolution has a specific and identifiable impact or connection to the City of Saratoga. Section 7. RULES OF ORDER AND PROCEDURE FOR CITY COUNCIL MEETINGS A. Time of Meetings Regular meetings of the City Council shall be held on the first and third Wednesday of each month in the Civic Theater per City Code 2-10.010. Special meetings shall be held as needed based on availability of the City Council. B. Order of Agenda The following is the usual order of agenda items for regular Council meetings. The Mayor with the concurrence of Council can change the order in which items on the agenda are heard. • Joint Meetings, Study Sessions, Commission Interviews, and Closed Session – Prior to the start of the Regular Session at 7:00 p.m. in the Civic Theater, the City Council may hold Joint Meetings with various Community organizations and Commissions, conduct study sessions, hold Commission applicant interviews, or conduct Closed Sessions. These meetings typically take place in the Administrative Conference Room at City Hall. Location and start times may vary. • Regular Session – The City Council, unless otherwise specified on the agenda, shall conduct the Regular Session at 7:00 p.m. in the Civic Theater. • Call to Order – The Mayor calls the regular meeting to order. • Pledge of Allegiance – The Mayor may lead or call upon a member of the public or staff to lead the pledge. • Roll Call – A quorum constituting 3 of the 5 members of the Council is required to conduct any Council meeting. The City Clerk calls the roll. • Report of Posting of the Agenda – The City Clerk reports on the posting of the agenda as required by law. 14 • Report From Closed Session – The Mayor is required to announce any action taken during closed session before reconvening to the open session of the regular meeting. • Report from Joint Meeting/Study Session – The Mayor, or the Mayor’s designee, provides a summary of the Joint Meeting or Study Session held prior to the Regular Session. • Oral Communications – During this portion, any persons who wish to address the City Council on a subject not on the agenda may do so. Oral communications are not intended as the means for debate or decision-making, but only for making a presentation in person. Comment shall be limited to three minutes for members of the public who wish to speak. The City Council may request follow up on matters raised during Oral Communications. • Announcements – Reserved time for the Mayor to make special announcements. Announcements should be related to City or City-sponsored events and/or activities. Council Members may submit announcement recommendations to the Mayor; the Mayor has full discretion in selecting which announcements to share. • Ceremonial Items – These items include presentation of proclamations, commendations, certificates, appointments, administration of Oath of Office and special introductions. • Special Presentations to Council – This portion of the meeting is for groups, agencies, and persons to speak to the Council on special items placed on the agenda according to the City’s standard procedures. Presenters will be given 10 minutes to make their presentation; the Mayor may adjust the time if approved by the City Council. • Consent Calendar–These items are routine and non-controversial items of business. Items in this section will be acted in one motion, unless removed by the Mayor or a Council Member. Any member of the public may speak to an item on the Consent Calendar, or request the Mayor remove an item for discussion. • Public Hearings – There are two kinds of public hearings, those required by law and those called by the City Council of its own volition. In either event, the purpose is to provide an opportunity for all interested persons to be heard. During appeal hearings before the City Council, Applicants/Appellants and their representatives have a total of ten minutes maximum for opening statements. Members of the public may comment on any item for up to three minutes. Applicant/Appellants and their representatives have a total of five minutes maximum for closing statements. Unless otherwise directed by the Mayor or City Council, appeal hearings shall generally proceed as follows: • Mayor introduces item • Staff report • Council questions for staff • Appellant’s opening remarks – 10 minutes • Applicant’s opening remarks (if applicant is not appellant) – 10 minutes • Public comment • Applicant closing remarks – 5 minutes • Appellant closing remarks (if applicant is not appellant) – 5 minutes • Mayo r closes the public hearing • Council discussion 15 • Council decision • General Business – These are general items, that may or may not been previously considered by the Council. • Council Assignments– Provides members of the Council an opportunity to report on matters being considered by committees, boards, and other bodies to which the Council Member has been appointed by the Council or the Mayor. Council Members may also report from regional committees, boards and other bodies on which the Council Member serves in his/her capacity as a City Council Member and that have been approved by the Mayor. • City Council Items – Provides members of the Council an opportunity to introduce discussion/action on items not currently before the Council for consideration. • Council Communications - During this portion, Council Members may address the City Council on subjects not on the agenda. Council communications are not intended as the means for debate or decision-making, but only for making a presentation in person. Comment shall be limited to two minutes per Council Member and shall not include references to campaign activities by or in support of any Council Member. In introducing this item the Mayor shall note the purpose of the item and explain that the comments made are the comments of the individual Council Member speaking and not necessarily the views of the City Council as a whole. • City Manager Items – City Manager or City Attorney may bring up other items of interest or make announcements under this section. • Adjournment –The Mayor may adjourn the meeting or the City Council may vote to adjourn the meeting. 16 CITY COUNCIL NORMS EXHIBIT A CITY OF SARATOGA RULES OF PARLIAMENTARY PROCEDURE 1 Saratoga’s rules of parliamentary procedure are supported by the following four principles: 1. Rules should establish order. The first purpose of the rules of parliamentary procedure is to establish a framework for the orderly conduct of meetings. 2. Rules should be clear. Simple rules lead to wider understanding and participation. Complex rules create two classes: those who understand and participate and those who do not fully understand and do not fully participate. 3. Rules should be user-friendly. That is, the rules must be simple enough that citizens feel they have been able to participate in the process. 4. Rules should enforce the will of the majority while protecting the rights of the minority. The ultimate purpose of the rules of procedure is to encourage discussion and to facilitate decision-making by the body. In a democracy, the majority rules. The rules must enable the majority to express itself and fashion a result, while permitting the minority to also express itself (but not dominate) and fully participate in the process. The Chairperson Should Take a Back Seat During Discussions While all members of the governing body should know and understand the rules of parliamentary procedure, it is the chairperson (chair) who is charged with applying the rules of conduct. The chair should be well versed in those rules, because the chair, for all intents and purposes, makes the final ruling on the rules. In fact, all decisions by the chair are final unless overruled by the governing body itself. Because the chair conducts the meeting, it is common courtesy for the chair to take a less active role than other members of the body in debates and discussions. This does not mean that the chair should not participate in the debate or discussion. On the contrary, as a member of the body, the chair has full rights to participate in debates, discussions and decision-making. The chair should, however, strive to be the last to speak at the discussion and debate stage, and should not make or second a motion unless he or she is convinced that no other member of the body will do so. 1 These rules of parliamentary procedure are based on “Rosenberg’s Rules of Order: Simple Parliamentary Procedures for the 21st Century” written by Dave Rosenberg and published by the League of California Cities in 2003. The procedures set forth in Rosenberg’s have been modified slightly to reflect custom, practice, and specific code requirements in Saratoga. While these rules have been drafted to conform to requirements of State law and the Saratoga City Code, in the event of a conflict between these procedures and those laws, the laws shall govern. 17 The Basic Format for an Agenda Item Discussion All City Council and Commission meetings have a written, published agenda. The meeting is governed by the agenda and the agenda constitutes the agreed-upon road map for the meeting. Each agenda item should be handled by the chair in the following basic format. First, the chair should clearly announce the agenda item number and should clearly state what the subject is. The chair should then announce the format that will be followed. If any member of the body has a conflict of interest, that member announces the conflict and need for recusal and leaves the dais at this time. Second, following that agenda format, the chair should invite the appropriate people to report on the item, including any recommendation they might have. The appropriate person may be the chair, a member of the governing body, a staff person, or a committee chair charged with providing information about the agenda item. Third, the chair should ask members of the body if they have any technical questions for clarification. At this point, members of the governing body may ask clarifying questions to the people who reported on the item, and they should be given time to respond. Fourth, the chair should invite public comments or, if appropriate at a formal public hearing, open the hearing. Speakers are typically limited to 3 minutes; shorter time limits may be imposed if numerous members of the public indicate a desire to speak to the subject. At the conclusion of the public comments, the chair should announce that public input has concluded (or that the public hearing, as the case may be, is closed). Fifth, the chair should invite members of the body to make remarks on the matter. This is an opportunity for members of the body to state their views on the subject before any formal motions are made. Sixth, the chair should invite a motion from the governing body members. The chair should announce the name of the member who makes the motion. Seventh, the chair should determine if any member of the body wishes to second the motion. The chair should announce the name of the member who seconds the motion. It is normally good practice for a motion to require a second before proceeding with it, to ensure that it is not just one member of the body who is interested in a particular approach. Eighth, if the motion is made and seconded, the chair should make sure everyone understands the motion. This is done in one of three ways: 1. The chair can ask the maker of the motion to repeat it; 2. The chair can repeat the motion; or 3. The chair can ask the secretary or the clerk of the body to repeat the motion. 18 Ninth, the chair should now invite discussion of the motion by the members of the governing body. If there is no desired discussion or the discussion has ended, the chair should announce that the body will vote on the motion. If there has been no discussion or a very brief discussion, the vote should proceed immediately, and there is no need to repeat the motion. If there has been substantial discussion, it is normally best to make sure everyone understands the motion by repeating it. Tenth, the chair takes a vote. Simply asking for the “ayes” and then the “nays” is normally sufficient. If members of the body do not vote, then they “abstain.” Unless specific laws or procedures provide otherwise, a simple majority determines whether the motion passes or is defeated. Eleventh, the chair should announce the result of the vote and should announce what action (if any) the body has taken. In announcing the result, the chair should indicate the names of the members, if any, who voted in the minority on the motion. This announcement might take the following form: “The motion passes by a vote of 3-2, with Smith and Jones dissenting. We have passed the motion requiring 10 days’ notice for all future meetings of this governing body.” Motions in General Motions are the vehicles for decision making. It is usually best to have a motion before the governing body prior to discussing an agenda item, to help everyone focus on the motion before them. The chair usually initiates the motion by: 1. Inviting the members to make a motion: “A motion at this time would be in order.” 2. Suggesting a motion to the members, for example: “A motion would be in order that we give 10-days’ notice in the future for all our meetings.” 3. Making the motion. As noted, the chair has every right as a member of the body to make a motion, but normally should do so only if he or she wishes a motion to be made but no other member seems willing to do so. The Three Basic Motions Three motions are the most common: 1. The basic motion. The basic motion is the one that puts forward a decision for consideration. A basic motion might be: “I move that we create a five-member committee to plan and put on our annual fundraiser.” 19 2. The motion to amend. If a member wants to change a basic motion that is under discussion, he or she would move to amend it. A motion to amend might be: “I move that we amend the motion to have a 10-member committee.” A motion to amend takes the basic motion that is before the body and seeks to change it in some way. 3. The substitute motion. If a member wants to completely do away with the basic motion under discussion and put a new motion before the governing body, he or she would “move a substitute motion.” A substitute motion might be: “I move a substitute motion that we cancel the annual fundraiser this year.” Motions to amend and substitute motions are often confused. But they are quite different, and so is their effect, if passed. A motion to amend seeks to retain the basic motion on the floor, but to modify it in some way. A substitute motion seeks to throw out the basic motion on the floor and substitute a new and different motion for it. The decision as to whether a motion is really a motion to amend or a substitute motion is left to the chair. So that if a member makes what that member calls a motion to amend, but the chair determines it is really a substitute motion, the chair’s designation governs. When Multiple Motions Are Before The Governing Body Up to three motions may be on the floor simultaneously. The chair may reject a fourth motion until the three that are on the floor have been resolved. When two or three motions are on the floor (after motions and seconds) at the same time, the first vote should be on the last motion made. So, for example, assume the first motion is a basic “motion to have a five-member committee to plan and put on our annual fundraiser.” During the discussion of this motion, a member might make a second motion to “amend the main motion to have a 10-member committee, not a five-member committee, to plan and put on our annual fundraiser.” And perhaps, during that discussion, a member makes yet a third motion as a “substitute motion that we not have an annual fundraiser this year.” The proper procedure would be as follows. First, the chair would deal with the third (the last) motion on the floor, the substitute motion. After discussion and debate, a vote would be taken first on the third motion. If the substitute motion passes, it would be a substitute for the basic motion and would eliminate it. The first motion would be moot, as would the second motion (which sought to amend the first motion), and the action on the agenda item would be complete. No vote would be taken on the first or second motions. On the other hand, if the substitute motion (the third motion) failed, the chair would proceed to consideration of the second (now the last) motion on the floor, the motion to amend. If the substitute motion failed, the chair would then deal with the second (now the last) motion on the floor, the motion to amend. The discussion and debate would focus strictly on the 20 amendment (should the committee be five or 10 members). If the motion to amend passed, the chair would now move to consider the main motion (the first motion) as amended. If the motion to amend failed, the chair would now move to consider the main motion (the first motion) in its original format, not amended. Third, the chair would now deal with the first motion that was placed on the floor. The original motion would either be in its original format (five-member committee) or, if amended, would be in its amended format (10-member committee). And the question on the floor for discussion and decision would be whether a committee should plan and put on the annual fundraiser. To Debate or Not to Debate The basic rule of motions is that they are subject to discussion and debate. Accordingly, basic motions, motions to amend, and substitute motions are all eligible, each in their turn, for full discussion before and by the body. The debate can continue as long as members of the body wish to discuss an item, subject to the decision of the chair that it is time to move on and take action. There are exceptions to the general rule of free and open debate on motions. The exceptions all apply when there is a desire of the body to move on. The following motions are not debatable (that is, when the following motions are made and seconded, the chair must immediately call for a vote of the body without debate on the motion): A motion to adjourn. This motion, if passed, requires the body to immediately adjourn to its next regularly scheduled meeting. This motion requires a simple majority vote. A motion to recess. This motion, if passed, requires the body to immediately take a recess. Normally, the chair determines the length of the recess, which may range from a few minutes to an hour. It requires a simple majority vote. A motion to fix the time to adjourn. This motion, if passed, requires the body to adjourn the meeting at the specific time set in the motion. For example, the motion might be: “I move we adjourn this meeting at midnight.” It requires a simple majority vote. A motion to table. This motion, if passed, requires discussion of the agenda item to be halted and the agenda item to be placed on “hold.” The motion may contain a specific time in which the item can come back to the body: “I move we table this item until our regular meeting in October.” Or the motion may contain no specific time for the return of the item, in which case a motion to take the item off the table and bring it back to the body will have to be taken at a future meeting. A motion to table an item (or to bring it back to the body) requires a simple majority vote. A motion to limit debate. The most common form of this motion is to say: “I move the previous question” or “I move the question” or “I call for the question.” When a member of the body makes such a motion, the member is really saying: “I’ve had enough debate. Let’s get on with the vote.” When such a motion is made, the chair should ask for a second to the motion, stop debate, and vote on the motion to limit debate. The motion to limit debate requires a two-thirds vote of the body. Note that a motion to limit debate could include a time limit. For example: “I move we limit debate on this agenda item to 15 minutes.” Even in this format, the motion to limit debate requires a two-thirds vote of 21 the body. A similar motion is a motion to object to consideration of an item. This motion is not debatable, and if passed, precludes the body from even considering an item on the agenda. It also requires a two-thirds vote. Majority and Super-Majority Votes In a democracy, decisions are made with a simple majority vote. A tie vote means the motion fails. So in a five-member body, a vote of 3-2 passes the motion. A vote of 2-2 with one abstention means the motion fails. If one member is absent or recused and the vote is 2-2, the motion still fails. All motions require a simple majority, but there are a few exceptions. The exceptions occur when the body is taking an action that effectively cuts off the ability of a minority of the body to take an action or discuss an item. These extraordinary motions require a two-thirds majority (a super-majority) to pass: Motion to limit debate. Whether a member says, “I move the previous question,” “I move the question,” “I call for the question” or “I move to limit debate,” it all amounts to an attempt to cut off the ability of the minority to discuss an item, and it requires a two- thirds vote to pass. Motion to close nominations. When choosing officers of the body, such as the chair, nominations are in order either from a nominating committee or from the floor of the body. A motion to close nominations effectively cuts off the right of the minority to nominate officers, and it requires a two-thirds vote to pass. Motion to object to the consideration of a question. Normally, such a motion is unnecessary, because the objectionable item can be tabled or defeated straight up. However, when members of a body do not even want an item on the agenda to be considered, then such a motion is in order. It is not debatable, and it requires a two-thirds vote to pass. Motion to suspend the rules. This motion is debatable, but requires a two-thirds vote to pass. If the body has its own rules of order, conduct or procedure, this motion allows the body to suspend the rules for a particular purpose. For example, the body (a private club) might have a rule prohibiting the attendance at meetings by non-club members. A motion to suspend the rules would be in order to allow a non-club member to attend a meeting of the club on a particular date or on a particular agenda item. The Motion to Reconsider There is a special and unique motion that requires a bit of explanation all by itself: the motion to reconsider. A tenet of parliamentary procedure is finality. After vigorous discussion, debate and a vote, there must be some closure to the issue. And so, after a vote is taken, the matter is deemed closed, subject only to reopening if a proper motion to reconsider is made. The standards for reconsideration are set forth in the City Code. 22 Courtesy and Decorum The rules of order are meant to create an atmosphere where the members of the body and the members of the public can attend to business efficiently, fairly and with full participation. And at the same time, it is up to the chair and the members of the body to maintain common courtesy and decorum. Unless the setting is very informal, it is always best for only one person at a time to have the floor, and it is always best for every speaker to be first recognized by the chair before proceeding to speak. The chair should always ensure that debate and discussion of an agenda item focus on the item and the policy in question, not on the personalities of the members of the body. Debate on policy is healthy; debate on personalities is not. The chair has the right to cut off discussion that is too personal, too loud or too crude. Debate and discussion should be focused, but free and open. In the interest of time, the chair may, however, limit the time allotted to speakers, including members of the body. Can a member of the body interrupt the speaker? The general rule is no. There are, however, exceptions. A speaker may be interrupted for the following reasons: Privilege. The proper interruption would be: “Point of privilege.” The chair would then ask the interrupter to “state your point.” Appropriate points of privilege relate to anything that would interfere with the normal comfort of the meeting. For example, the room may be too hot or too cold, or a blowing fan might interfere with a person’s ability to hear. Order. The proper interruption would be: “Point of order.” Again, the chair would ask the interrupter to “state your point.” Appropriate points of order relate to anything that would not be considered appropriate conduct of the meeting; for example, if the chair moved on to a vote on a motion that permits debate without allowing that discussion or debate. Appeal. If the chair makes a ruling that a member of the body disagrees with, that member may appeal the ruling of the chair. If the motion is seconded and after debate, if it passes by a simple majority vote, then the ruling of the chair is deemed reversed. Call for orders of the day. This is simply another way of saying, “Let’s return to the agenda.” If a member believes that the body has drifted from the agreed-upon agenda, such a call may be made. It does not require a vote, and when the chair discovers that the agenda has not been followed, the chair simply reminds the body to return to the agenda item properly before them. If the chair fails to do so, the chair’s determination may be appealed. Withdraw a motion. During debate and discussion of a motion, the maker of the motion on the floor, at any time, may interrupt a speaker to withdraw his or her motion from the floor. The motion is immediately deemed withdrawn, although the chair may ask the person who seconded the motion if he or she wishes to make the motion, and any other member may make the motion if properly recognized. 23 Special Notes About Public Input The rules outlined here help make meetings very public-friendly. But in addition, and particularly for the chair, it is wise to remember three special rules that apply to each agenda item: Rule One: Tell the public what the body will be doing. Rule Two: Keep the public informed while the body is doing it. Rule Three: When the body has acted, tell the public what the body did. Public input is essential to a healthy democracy, and community participation in public meetings is an important element of that input. The challenge for anyone chairing a public meeting is to accommodate public input in a timely and time-sensitive way, while maintaining steady progress through the agenda items. The rules presented here for conducting a meeting are offered as tools for effective leadership and as a means of developing sound public policy. 965350.1 24 SARATOGA CITY COUNCIL MEETING DATE:December 21, 2022 DEPARTMENT:City Manager’s Department PREPARED BY:Janet Costa, Executive Assistant SUBJECT:Commendation for Belal Aftab RECOMMENDED ACTION: Commend Belal Aftab for his service on the Saratoga Traffic Safety Commission. BACKGROUND: Belal Aftab served as a City of Saratoga Traffic Safety Commissioner from January 1, 2018 to December 13, 2022 and helped make recommendations on over 110 items for the Saratoga community, improving the traffic safety and quality of life of his community members. ATTACHMENTS: Attachment A -Commendation for Belal Aftab 25 COMMENDATION OF THE CITY COUNCIL OF THE CITY OF SARATOGA HONORING BELAL AFTAB WHEREAS, Belal Aftab served as a City of Saratoga Traffic Safety Commissioner from January 1, 2018 to December 13, 2022 evaluated over 110 traffic safety concerns raised by the Saratoga community, including assessment of conditions and development of recommendations to resolve issues improve the quality of life of his fellow community members; and WHEREAS,during his five years of volunteer service, Belal and the Traffic Safety Commission approved many safety projects, including pedestrian improvements such as enhanced crosswalks at various locations in the City, upgraded bike lanes on Allendale Avenue, Big Basin Way, Herriman Avenue, and Saratoga Avenue, and other traffic calming improvements such as speed humps and new stop signs; and WHEREAS, Belal and the Traffic Safety Commission participated in community engagement efforts and many meetings outside of the Commission’s regular meeting schedule to gather input and develop the City’s Local Road Safety Plan, Safe Routes to School program, and the Commission’s Speed Hump Policy; and WHEREAS, Belal and the Traffic Safety Commission helped make bicycling safer in Saratoga by approving the Saratoga Avenue Bike Lane Plan; and WHEREAS, Belal served as the Traffic Safety Commission Chair in 2020 and 2022 and the Vice Chair in 2019; and WHEREAS, Belal brought to the Commission his many years as a Saratoga resident and also his optimism, leadership experience, and a strong desire to improve traffic safety for all community members in Saratoga; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Saratoga does hereby extend its sincere appreciation and gratitude to Belal Aftab for his dedicated service and contributions to the City of Saratoga. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 21st day of December 2022. Kookie Fitzsimmons, Mayor City of Saratoga 26 SARATOGA CITY COUNCIL MEETING DATE:December 21, 2022 DEPARTMENT:City Manager’s Department PREPARED BY:Janet Costa, Executive Assistant SUBJECT:Commendation for Rina Shah RECOMMENDED ACTION: Commend Rina Shah for her service on the Saratoga Heritage Preservation Commission. BACKGROUND: Rina Shah was appointed to the Saratoga Heritage Preservation Commission on November 17, 2010 (partial term), December 17, 2014 and again on December 21, 2018. Rina is a dedicated and hardworking member of the community, and her service and contributions are greatly appreciated by the City Council, Heritage Preservation Commission, and City staff. ATTACHMENTS: Attachment A -Commendation for Rina Shah 27 COMMENDATION OF THE CITY COUNCIL OF THE CITY OF SARATOGA HONORING RINA SHAH WHEREAS, Rina Shah was appointed to the City of Saratoga Heritage Preservation Commission on November 17, 2010 (partial term), December 17, 2014 and again on December 21, 2018; and WHEREAS,during Rina’s term as a Heritage Preservation Commissioner, she and the other Heritage Preservation Commissioners worked on adding several Heritage Trees to the Heritage Tree Inventory and played a large role in adding several properties to the City of Saratoga Historic Resource Inventory; and WHEREAS, Rina was integral in the 2018/2019 Village Design Guidelines Update and in the 2019/2020 Heritage Orchard Master Plan Update; and WHEREAS,Rina and the Heritage Preservation Commission created a program for Point of Interest Markers for the City of Saratoga to bring greater awareness to Saratoga’s history, such as the Theater of the Glade, Blossom Festival, Caledonia Paper Mill, the Ohlone Indians, Saratoga’s saloons, the El Quito Olive Farm, Glen Una Ranch, Immigrating to California, and McCartysville; and WHEREAS, Rina was an enthusiastic participant in Saratoga events such as the Blossom Festival, Arbor Day, and the Historic Preservation Month, where she could assist in public outreach about historic preservation; and WHEREAS, Rina was Chair of the Heritage Preservation Commission in 2016 and 2021 and Vice Chair in 2020; and WHEREAS,it is apparent to all who have worked with Rina that she is a dedicated and hardworking member of the community, and her service and contributions are greatly appreciated by the City Council, Heritage Preservation Commission, and City staff. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Saratoga does hereby recognize Rina Shah for her many years of service and dedication to the City of Saratoga. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA this 21st day of December 2022. Kookie Fitzsimmons,Mayor City of Saratoga 28 SARATOGA CITY COUNCIL MEETING DATE:December 21, 2022 DEPARTMENT:City Manager’s Department PREPARED BY:Britt Avrit, MMC, City Clerk SUBJECT:City Council Meeting Minutes RECOMMENDED ACTION: Approve the Minutes for the December 7, 2022 City Council Regular Meeting and the December 13, 2022 City Council Special Meeting. 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. ATTACHMENT: Attachment A -Minutes for the December 7, 2022 City Council Regular Meeting Attachment B –Minutes for the December 13, 2022 City Council Special Meeting 29 Saratoga City Council Minutes ~ December 7, 2022 ~ Page 1 of 7 MINUTES WEDNESDAY, DECEMBER 7, 2022 SARATOGA CITY COUNCIL REGULAR MEETING Mayor Walia called the Regular Session to order at 7:00 p.m. The Administrative Analyst explained the City Council meeting was conducted pursuant to State law as amended by Assembly Bill 361, which allows the meeting to be conducted by teleconference. The City Council has met all the applicable notice requirements and the public is welcome to participate in person or by Zoom. Information on how the public can observe the meeting and provide public comment was provided. Due to technical issues, Mayor Walia requested a recess at this time. Mayor Walia reconvened the meeting at 7:16 pm ROLL CALL PRESENT:Mayor Tina Walia, Vice Mayor Kookie Fitzsimmons, Council Members Mary-Lynne Bernald, Rishi Kumar, Yan Zhao ABSENT:None ALSO PRESENT:James Lindsay, City Manager Crystal Bothelio Assistant City Manager Richard Taylor, City Attorney Frances Reed, Administrative Analyst John Cherbone, Public Works Director Nick Pegueros, Administrative Services Director Debbie Pedro, Community Development Director Keith Weiner, Building Official Nicole Johnson, Senior Planner REPORT ON POSTING OF THE AGENDA The Administrative Analystreported the agenda for this meeting was properly posted on December 2, 2022. ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS Mayor Walia invited public comment. The following individual spoke at this time: Bill Dalton thanked the outgoing City Council Members for their service to the City. 30 Saratoga City Council Minutes ~ December 7, 2022 ~ Page 2 of 7 ANNOUNCEMENTS Mayor Walia shared information about the Holiday Tree Lighting & Saratoga Loves Poetry Contest Winners, Celebration of Light, City Council Reorganization, and Silicon Valley Clean Energy Education Fund. 1.CONSENT CALENDAR The City Manager stated the recommendation for Item No. 1.9 has changed from “Adopt the Resolution” to “Take No Action.” Council Member Bernald requested Item No. 1.5 be removed for separate discussion. Mayor Walia invited public comment on the Consent Calendar except Item No. 1.5. The following individual spoke at this time: David Anderson. 1.1. City Council Meeting Minutes Recommended Action: Approve the Minutes for the November 16, 2022 City Council Regular Meeting. FITZSIMMONS/BERNALD MOVED TO APPROVE THE MINUTES FOR THE NOVEMBER 16, 2022 CITY COUNCIL REGULAR MEETING.MOTION PASSED BY VERBAL ROLL CALL VOTE. AYES: BERNALD, KUMAR, ZHAO, FITZSIMMONS, WALIA. NOES: NONE. ABSTAIN: NONE. RECUSED: 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: 11/8/22 Period 5; 11/16/22 Period 5; 11/22/22 Period 5. FITZSIMMONS/BERNALD MOVED TO REVIEW AND ACCEPT CHECK REGISTERS FOR THE FOLLOWING ACCOUNTS PAYABLE PAYMENT CYCLES:11/8/22 PERIOD 5; 11/16/22 PERIOD 5; 11/22/22 PERIOD 5. MOTION PASSED BY VERBAL ROLL CALL VOTE. AYES: BERNALD, KUMAR, ZHAO, FITZSIMMONS, WALIA. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE. 1.3. Treasurer’s Report for the Month Ended October 31, 2022 Recommended Action: Review and accept the Treasurer’s Report for the month ended October 31, 2022. FITZSIMMONS/BERNALD MOVED TO ACCEPT THE TREASURER’S REPORT FOR THE MONTH ENDED OCTOBER 31, 2022. MOTION PASSED BY VERBAL ROLL CALL VOTE. AYES: BERNALD, KUMAR, ZHAO, FITZSIMMONS, WALIA. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE. 31 Saratoga City Council Minutes ~ December 7, 2022 ~ Page 3 of 7 1.4. Reconsider and confirm findings pursuant to Assembly Bill 361 Recommended Action: Reconsider and confirm findings pursuant to Assembly Bill 361 of the continued public health officials’ recommendation to social distance and to therefore continue providing members of City of Saratoga Brown Act bodies with the option to attend meetings by teleconference. FITZSIMMONS/BERNALD MOVED TO CONFIRM FINDINGS PURSUANT TO ASSEMBLY BILL 361 OF THE CONTINUED PUBLIC HEALTH OFFICIALS’ RECOMMENDATION TO SOCIAL DISTANCE AND TO THEREFORE CONTINUE PROVIDING MEMBERS OF CITY OF SARATOGA BROWN ACT BODIES WITH THE OPTION TO ATTEND MEETINGS BY TELECONFERENCE. MOTION PASSED BY VERBAL ROLL CALL VOTE. AYES: BERNALD, KUMAR, ZHAO, FITZSIMMONS, WALIA. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE. 1.5. Update to Heritage Preservation Ordinance Recommended Action: Waive the second reading of the attached ordinance amending Chapter 13 of the City Code, Heritage Preservation, and finding the amendment to be exempt from environmental review under the California Environmental Quality Act (CEQA) and adopt the attached ordinance. Vice Mayor Fitzsimmons stated she needs to recuse herself from this item because she lives on Heritage Lane and left the Council Chambers at this time. Mayor Walia opened Public Comment. The following individual spoke at this time: Chuck Page. ORDINANCE 393 BERNALD MOVED TO AMEND THE ORDINANCE LANGUAGE TO INCLUDE “SHALL BE MAILED WITH PROOF OF DELIVERY” (13-15.040) AND RE- INTRODUCE THE ORDINANCE, WAIVE THE FIRST READING AND DIRECT STAFF TO BRING THE REVISED ORDINANCE TO THE NEXT CITY COUNCIL MEETING. Motion failed for lack of a second. KUMAR/ZHAO MOVED TO WAIVE THE SECOND READING OF THE ORDINANCE AMENDING CHAPTER 13 OF THE CITY CODE, HERITAGE PRESERVATION, AND FINDING THE AMENDMENT TO BE EXEMPT FROM ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND ADOPT THE ORDINANCE.MOTION PASSED BY VERBAL ROLL CALL VOTE. AYES: BERNALD, KUMAR, ZHAO, WALIA. NOES: NONE. ABSTAIN: NONE. RECUSED: FITZSIMMONS. ABSENT: NONE. 32 Saratoga City Council Minutes ~ December 7, 2022 ~ Page 4 of 7 1.6. Commercial and Recreational Vehicle Parking Restriction Ordinance Recommended Action: Waive the second reading of the attached ordinance amending the City Municipal Code and finding the amendment to be exempt from environmental review under the California Environmental Quality Act (CEQA) and adopt the attached ordinance. ORDINANCE 394 FITZSIMMONS/BERNALD MOVED TO WAIVE THE SECOND READING OF THE ORDINANCE AMENDING THE CITY MUNICIPAL CODE AND FINDING THE AMENDMENT TO BE EXEMPT FROM ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND ADOPT THE ORDINANCE.MOTION PASSED BY VERBAL ROLL CALL VOTE. AYES: BERNALD, KUMAR, ZHAO, FITZSIMMONS, WALIA. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE. 1.7. Adoption of the 2022 California Building Standards Code with Local Modifications Recommended Actions: 1. Adopt the resolution making the findings regarding proposed modifications to the referenced sections of the California Building Standards Code (CBSC) with Local Modifications. 2. Waive the second reading of the attached ordinance adopting the 2022 California Building Standards Code with local modifications finding the amendment to be exempt from environmental review under the California Environmental Quality Act (CEQA) and adopt the attached ordinance. RESOLUTION 22-045 ORDINANCE 395 FITZSIMMONS/BERNALD MOVED TO ADOPT THE RESOLUTION MAKING THE FINDINGS REGARDING PROPOSED MODIFICATIONS TO THE REFERENCED SECTIONS OF THE CALIFORNIA BUILDING STANDARDS CODE (CBSC) WITH LOCAL MODIFICATIONS AND WAIVE THE SECOND READING OF THE ORDINANCE ADOPTING THE 2022 CALIFORNIA BUILDING STANDARDS CODE WITH LOCAL MODIFICATIONS FINDING THE AMENDMENT TO BE EXEMPT FROM ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND ADOPT THE ORDINANCE. MOTION PASSED BY VERBAL ROLL CALL VOTE. AYES: BERNALD, KUMAR, ZHAO, FITZSIMMONS, WALIA. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE. 1.8. Annual Comprehensive Financial Report (ACFR) Recommended Action: Receive and file the 2021-22 Annual Comprehensive Financial Report (ACFR) and related supplemental reports as follows: A. Annual Comprehensive Financial Report (ACFR) B. SAS 112 Report (Internal Controls) C. SAS 114 Report (Communication to Governance) D. Single Audit Exemption 33 Saratoga City Council Minutes ~ December 7, 2022 ~ Page 5 of 7 FITZSIMMONS/BERNALD MOVED TO RECEIVE AND FILE THE 2021-22 ANNUAL COMPREHENSIVE FINANCIAL REPORT (ACFR) AND RELATED SUPPLEMENTAL REPORTS AS FOLLOWS: ANNUAL COMPREHENSIVE FINANCIAL REPORT (ACFR), SAS 112 REPORT (INTERNAL CONTROLS), SAS 114 REPORT (COMMUNICATION TO GOVERNANCE), SINGLE AUDIT EXEMPTION.MOTION PASSED BY VERBAL ROLL CALL VOTE. AYES: BERNALD, KUMAR, ZHAO, FITZSIMMONS, WALIA. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE. 1.9. Budget Amendment – Allendale Landscape District LLA Zone 36 Recommended Action: Adopt Resolution appropriating $4,500 from the LLA Zone 36 fund balance into the Fiscal Year 2022/23 operating budget. FITZSIMMONS/BERNALD MOVED TO TAKE NO ACTION. MOTION PASSED BY VERBAL ROLL CALL VOTE. AYES: BERNALD, KUMAR, ZHAO, FITZSIMMONS, WALIA. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE. 2.GENERAL BUSINESS 2.1. Review of Draft Responses to HCD Comments on the Housing Element Recommended Action: 1. Review the proposed responses to comments from California Department of Housing and Community Development (HCD) on the Draft Housing Element. 2. Receive public comments. 3. Provide comments and direction to staff on responses and revisions to the Housing Element for resubmittal to HCD. Debbie Pedro, Community Development Director presented the staff report. Mayor Walia invited public comment. The following individuals spoke at this time: Joanne, Vivek Tiwari, David Anderson, Anne Johnson, Bill Reid, “som”, Brian Tran, Anthony Fisher, John Reagan, Priya Shastri ZHAO/FITZSIMMONS MOVED TO ACCEPT THE PROPOSED COMMENTS AND DIRECT STAFF TO SEND THE PROPOSED COMMENTS TO HCD.MOTION PASSED BY VERBAL ROLL CALL VOTE. AYES: BERNALD, ZHAO, FITZSIMMONS, WALIA. NOES: KUMAR. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE. 2.2. Saratoga Village Parklets - Update Recommended Action: Accept Report and provide direction to Staff. Macedonio Nunez, City Engineer presented the staff report. Mayor Walia invited public comment. The following individuals spoke at this time: Clyde Zaya, Chuck Page, Erin Delacroix 34 Saratoga City Council Minutes ~ December 7, 2022 ~ Page 6 of 7 FITZSIMMONS/BERNALD MOVED TO DIRECT STAFF TO EXPLORE OPTIONS FOR PERMANENT OUTDOOR SEATING AND BRING BACK TO COUNCIL. MOTION PASSED BY VERBAL ROLL CALL. AYES: BERNALD, KUMAR, ZHAO, FITZSIMMONS, WALIA. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE. COUNCIL ASSIGNMENTS Mayor Tina Walia Hakone Foundation Board of Trustees and Executive Board – stated the Board discussed term renewals for Board Members Beverly Harada, Emily Lo, Phyllis Tung and Bob Himel which will go to the Board of Trustees for approval. Council Finance Committee – stated the Committee received the report and a presentation for the Annual Comprehensive Financial Report (ACFR) for Fiscal Year ending June 30, 2022; the Capital Improvement Program development rough timeline and steps involved were presented. KSAR Community Access TV Board – stated Station Manager Omar Perez has resigned effective January 1, 2023 and stated equipment related to meeting recordings is being updated. Vice Mayor Kookie Fitzsimmons Nothing to report. Council Member Mary-Lynne Bernald West Valley Solid Waste Management Authority Board of Directors – stated she attended the meeting in place of Council Member Kumar; stated proposals from two companies were submitted for the RFP, one was deemed qualified and the contract will be awarded to West Valley Collection & Recycling. Council Member Rishi Kumar Nothing to report. Council Member Yan Zhao Saratoga Ministerial Association – stated the Board discussed past and future events. CITY COUNCIL ITEMS None. COUNCIL COMMUNICATIONS None. CITY MANAGER'S REPORT The City Manager, on behalf of City Staff, thanked Council Members Bernald and Kumar for their service to the City. CITY ATTORNEY'S REPORT None. 35 Saratoga City Council Minutes ~ December 7, 2022 ~ Page 7 of 7 ADJOURNMENT BERNALD/FITZSIMMONS MOVED TO ADJOURN THE MEETING AT 10:10 P.M. MOTION PASSED BY VERBAL ROLL CALL VOTE. AYES: BERNALD, KUMAR, ZHAO, FITZSIMMONS, WALIA: NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE. Minutes respectfully submitted: Britt Avrit, City Clerk City of Saratoga 36 Saratoga City Council Minutes ~ December 13, 2022 ~ Page 1 of 3 MINUTES TUESDAY, DECEMBER 13, 2022 SARATOGA CITY COUNCIL SPECIAL MEETING Mayor Walia called the Special Meeting to order at 7:05 p.m. The City Clerk explained the City Council meeting was conducted pursuant to State law as amended by Assembly Bill 361, which allows the meeting to be conducted by teleconference. The CityCouncilhasmetalltheapplicablenoticerequirementsandthepublicis welcometoparticipate in person or by Zoom. Information on how the public can observe the meeting and provide public comment was provided. ROLL CALL PRESENT:Mayor Tina Walia, Vice Mayor Kookie Fitzsimmons, Council Members Mary-Lynne Bernald, Rishi Kumar, Yan Zhao ABSENT:None ALSO PRESENT:James Lindsay, City Manager Crystal Bothelio Assistant City Manager Britt Avrit, City Clerk John Cherbone, Public Works Director Nick Pegueros, Administrative Services Director Debbie Pedro, Community Development Director REPORT ON POSTING OF THE AGENDA The City Clerk reported the agenda for this meeting was properly posted on December 8, 2022. AGENDA ITEMS Declaration of the results for the November 8, 2022 General Municipal Election Recommended Action: Adopt the Resolution declaring the results of the General Municipal Election held in the City of Saratoga on November 8, 2022. Britt Avrit, City Clerk provided the staff report for this item. Mayor Walia invited public comment. No one requested to speak. RESOLUTION 22-046 ZHAO/FITZSIMMONS MOVED TO ADOPT THE RESOLUTION DECLARING THE RESULTS OF THE GENERAL MUNICIPAL ELECTION HELD IN THE CITY OF SARATOGA ON NOVEMBER 8, 2022.MOTION PASSED BY VERBAL ROLL CALL VOTE. AYES: BERNALD, KUMAR, ZHAO, FITZSIMMONS, WALIA: NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE. 37 Saratoga City Council Minutes ~ December 13, 2022 ~ Page 2 of 3 Recognition of Outgoing Council Members Recommended Action: Hear remarks from outgoing City Council Member Kumar and City Council Member Bernald. Present commendation and gift recognizing their service. Mayor Walia invited public comment for Council Member Kumar: The following individuals spoke at this time: Howard Miller, Nai Hsueh, Stan Bogosian, Lydia Kou, Liang Chow, Ray Froess Mayor Walia invited public comment for Council Member Bernald: The following individuals spoke at this time: Anna Eshoo, Howard Miller, Anjali Kausar, Emily Lo, Lisa Oakley, Manny Cappello, Cynthia Chang, Cheryl Puland, Nai Hsueh, Elizabeth Gibbons, Cindy McCormick, Renee Paquier, Bryan Mehechuk, Eugene Bernald, Darlene Yaplee, Colleen Wagner, Tylor Taylor, Marcia Kaplan, Shozo Kagoshima, Charlotte Sparacino, Razi Mohiuddin Oath of Office for Newly Elected City Council Members Recommended Action: Direct the City Clerk, or her designee, to administer the Oath of Office to the newly Elected City Council Members. The City Clerk administered the Oath of Office to Council Member Elect Yan Zhao. The City Clerk administered the Oath of Office to Council Member Elect Belal Aftab. Undersheriff Ken Binder administered the Oath of Office to Council Member Elect Chuck Page. Mayor Walia invited public comment. The following individuals spoke at this time: Howard Miller, Anjali Kausar, Javed Ellahie, Hung Wei, J. R. Fruen, Gilbert Wong, Erin Delacroix, Cynthia Chang, Gary Smith, Emily Lo, Elizabeth Gibbons, Bob Johnson, Reshma Hyder Remarks from Newly Elected City Council Members Recommended Action: Hear remarks from newly Elected City Council Members Recognition of Outgoing Mayor Recommended Action: Hear remarks from outgoing Mayor Tina Walia. Mayor Walia invited public comment. The following individuals spoke at this time: Barbara Heninger, Stan Bogosian, Tsing Bardin, Lakhinder Walia, Liz Gibbons, Javed Ellahie, Cynthia Chang 38 Saratoga City Council Minutes ~ December 13, 2022 ~ Page 3 of 3 Appointment of Mayor & Vice Mayor Recommended Action: Declare offices of Mayor and Vice Mayor to be vacant, accept nominations for the office of Mayor, administer the Oath of Office to new Mayor, accept nominations for the office of Vice Mayor, and administer the Oath of Office to new Vice Mayor. The City Clerk declared the offices of Mayor and Vice Mayor to be vacant, called for nominations for the office of Mayor and invited public comment on this item. No one requested to speak. PAGE/ZHAO MOVED TO MOVED TO NOMINATE COUNCIL MEMBER FITZSIMMONS FOR THE POSITION OF MAYOR.MOTION PASSED BY VERBAL ROLL CALL VOTE. AYES: AFTAB, FITZSIMMONS, PAGE, WALIA, ZHAO: NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE. AFTAB/WALIA MOVED TO NOMINATE COUNCIL MEMBER ZHAO FOR THE POSITION OF VICE MAYOR.MOTION PASSED BY VERBAL ROLL CALL VOTE. AYES: AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS: NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE. The following individuals spoke at this time: Anjali Kausar, Hung Wai, Erin Delacroix, Javed Ellahie ADJOURNMENT PAGE/ZHAO MOVED TO ADJOURN THE MEETING AT 10:43 P.M.MOTION PASSED BY VERBAL ROLL CALL VOTE. AYES: AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS: NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE. Minutes respectfully submitted: Britt Avrit, City Clerk City of Saratoga 39 CITY OF SARATOGA Memorandum To: Mayor Fitzsimmons & Members of the Saratoga City Council From: Britt Avrit, City Clerk Meeting Date: December 21, 2022 Subject: Written Communications, Item 1.1 Following publication of the agenda packet for the December 21, 2022 City Council Regular Meeting, written communications were submitted for Item 1.1. The communications are attached to this memo. 40 From:Britt Avrit To:DL - Council Cc:Crystal Bothelio Subject:FW: Please correct 1.1. City Council Meeting Minutes for Dec 7, 2020 Date:Tuesday, December 20, 2022 10:50:03 AM Hello Mayor Fitzsimmons and City Council Members, Please see the email from Bill Dalton below; he requested I send his email to you. I responded to him earlier this morning – Hi Bill, The minutes we prepare are brief, summary minutes and summarize your comments. If you’d like I can provide your email to the City Council and include it as written communications for the Minutes which will be included in the 12-21-2022 agenda record. Thank you, His original email will be included as Written Communications for Item 1.1 on tomorrow’s agenda. Thank you, Britt Avrit, MMC | City Clerk City of Saratoga | City Manager’s Office 13777 Fruitvale Avenue | Saratoga, CA 95070 408.868.1294 | bavrit@saratoga.ca.us Tell us how we did! Complete the City of Saratoga Customer Service Survey From: Bill Dalton <dalton_bill@yahoo.com> Sent: Monday, December 19, 2022 11:33 AM To: Britt Avrit <bavrit@saratoga.ca.us> Cc: Bill Dalton <dalton_bill@yahoo.com> Subject: Please correct 1.1. City Council Meeting Minutes for Dec 7, 2020 CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Hi Britt, Please update this part of the minutes ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS Mayor Walia invited public comment. The following individual spoke at this time: Bill Dalton thanked the outgoing City Council Members for their service to the City. I actually congratulated Yan, Belal, and Yan, wished the new council well, and thanked Rishi, 41 and Mary-Lynne. Thank you, Bill Dalton 42 SARATOGA CITY COUNCIL MEETING DATE: December 21, 2022 DEPARTMENT: Administrative Services - Finance PREPARED BY: Vivian Lu, Accounting Technician SUBJECT: Review of Accounts Payable Check Registers RECOMMENDED ACTION: Review and accept check registers for the following accounts payable payment cycles: 11/29/22 Period 5; 12/1/22 Period 6; 12/5/22 Period 6. 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. ATTACHMENTS: Attachment A - 11/29/22 Check Register in the ‘A/P Checks by Period and Year’ report format Attachment B – 12/1/22 Check Register in the ‘A/P Checks by Period and Year’ report format Attachment C – 12/5/22 Check Register in the ‘A/P Checks by Period and Year’ report format REPORT SUMMARY: Attached are Check Registers for: Date Ending Check # 11/29/2022 146403 146433 31 138,614.69 11/29/2022 11/22/2022 146402 12/1/2022 146434 146436 3 1,676,690.34 12/1/2022 11/29/2022 146433 12/5/2022 146437 146479 43 267,605.10 12/5/2022 12/1/2022 146436 Accounts Payable checks issued for $20,000 or greater: Date Check #Dept. Amount 11/29/2022 146413 Lisa Wise Consulting, Inc CIP Admin Project Fund PW Project Review/Analysis 26,930.00 11/29/2022 146429 Villalobos & Associates CIP Street Project Fund PW Austin Way Repairs 24,950.00 12/1/2022 146435 O'Grady Paving, Inc CIP Street Project Fund PW 2022 Pavement Management 1,676,400.34 12/5/2022 146454 Health Education Services Building FFE Replacement FAC Facilities Supplies 20,920.71 12/5/2022 146467 Ryan Loh General Fund Various CDD Deposit Refund 95,478.53 12/5/2022 146469 Sandis Civil Engineer ARPA/SLFRF Fund PW Citywide Storm Drain 35,474.78 Accounts Payable checks voided during this time period: AP Date Check #Amount 12/01/2022 145574 Bothelio, Crystal Lost, never received 135.58 12/02/2022 146292 Nwestco LLC Lost, never received 668.45 12/02/2022 146305 The Fruitguys Lost, never received 79.00 12/02/2022 146311 Wiline Networks Inc Lost, never r eceived 1,402.52 Reissued/Separate Checks Reissued/Separate Checks Reissued/Separate Checks Reissued/Separate Checks Accounts Payable Fund Purpose StatusReason Issued to Issued to Prior Check Register Checks ReleasedTotal Checks Amount Accounts Payable Accounts Payable Ending Check # Starting Check #Type of Checks Date 43 44 45 46 47 48 49 50 51 52 53 54 SARATOGA CITY COUNCIL MEETING DATE: December 21, 2022 DEPARTMENT: Community Development Department PREPARED BY: Frances Reed, Administrative Analyst SUBJECT: Amendment to the Agreement with Urban Planning Partners, Inc. for preparation of the 2023-2031 Housing Element Update and General Plan Amendment Environmental Impact Report RECOMMENDED ACTION: Authorize the City Manager to execute an amendment to the agreement with Urban Planning Partners, Inc. (UPP) to increase the amount not to exceed by $65,000 (from $481,981to $546,981) for the 2023-2031 Housing Element Update and General Plan Amendment Environmental Impact Report. BACKGROUND: In June 2021, City Council awarded a contract to UPP to prepare the 2023-2031 Housing Element Update and General Plan Amendment Environmental Impact Report in the amount of $481,981. Due to unanticipated level of efforts including data gathering and analysis of housing needs, sites inventory, and Affirmatively Furthering Fair Housing (AFFH), additional funds is required to complete the project. Details of the contract modification request is included in Attachment A. FISCAL IMPACT: The total not to exceed amount of the agreement, including this amendment, is $546,981. The Housing Element Update project is being funded by the General Plan Update Capital Improvement Project and also includes the Local Early Action Planning and Regional Early Action Planning grants received from the State in the amount of $182,170. ATTACHMENTS: A. UPP Proposed Contract Amendment 55 &RQWUDFWRU3URMHFW1DPH  5HY&LW\RI6DUDWRJD&RQWUDFW$PHQGPHQW3DJHRI  City of Saratoga Contract Amendment  7KLV&RQWUDFW$PHQGPHQWLVPDGHDW6DUDWRJD&DOLIRUQLDE\DQGEHWZHHQWKH&LW\RI6DUDWRJD DPXQLFLSDOFRUSRUDWLRQ &LW\ DQGBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB &RQWUDFWRU ZKRDJUHHWKDW   &LW\DQG&RQWUDFWRUHQWHUHGLQWRDQDJUHHPHQWGDWHGBBBBBBBBBBBBBBBBBBB ³2ULJLQDO$JUHHPHQW´ DQGZLVKWRDPHQGWKH2ULJLQDO$JUHHPHQWDVVHWIRUWKLQWKHSURYLVLRQV FKHFNHGEHORZ7HUPVQRWGHILQHGLQWKLV&RQWUDFW$PHQGPHQWVKDOOKDYHWKHPHDQLQJXVHGLQ WKH2ULJLQDO$JUHHPHQWDQGWKHSURYLVLRQVRIWKH2ULJLQDO$JUHHPHQWVKDOODSSO\WRLQWHUSUHWDWLRQ DQGHQIRUFHPHQWRIWKLV&RQWUDFW$PHQGPHQW  Amended Term. 7KHWHUPRIWKH2ULJLQDO$JUHHPHQWFRPPHQFHGRQWKH(IIHFWLYH'DWHDQGLVKHUHE\ H[WHQGHGWKURXJKBBBBBBBBBBBBBBBBBBB(insert new termination date)RUWKH FRPSOHWLRQRIWKHSURMHFWZKLFKHYHURFFXUVILUVWXQOHVVLWLVIXUWKHUH[WHQGHGE\ZULWWHQ PXWXDODJUHHPHQWEHWZHHQWKHSDUWLHVSURYLGHGWKDWWKHSDUWLHVUHWDLQWKHULJKWWR WHUPLQDWHWKLV$JUHHPHQWDVSURYLGHGLQ([KLELW&WRWKH2ULJLQDO$JUHHPHQW  Amended Scope of Work. 7KH6FRSHRI:RUNWHUPVLQFOXGHGDV([KLELW V BBBBBBBBBBBBBBBBBBBBBB WRWKH2ULJLQDO$JUHHPHQWDUHKHUHE\ VXSSOHPHQWHGZLWKDGGLWLRQDO6FRSHRI:RUNVWHUPVLQFOXGHGDV([KLELWBBBBBB WRWKLV&RQWUDFW$PHQGPHQW  $1'25H[WHQGHGWRLQFOXGHSURYLGLQJWKHRQJRLQJVHUYLFHVUHIHUHQFHGLQWKH 2ULJLQDO$JUHHPHQWIRUWKHGXUDWLRQRIWKHDPHQGHGWHUP  Amended Payment Terms. 7KHILUVWVHQWHQFHRIVHFWLRQRIWKH2ULJLQDO$JUHHPHQWVHWWLQJIRUWKWKHPD[LPXP FRQWUDFWSD\PHQWLVKHUHE\UHSODFHGZLWKWKHIROORZLQJ  &LW\VKDOOSD\&RQVXOWDQWIRUZRUNSURGXFWSURGXFHGSXUVXDQWWRWKLVDJUHHPHQWDQ DPRXQWQRWWRH[FHHGWKHWRWDOVXPRI BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB IRUZRUNWREHSHUIRUPHGDQGDQ\DXWKRUL]HGUHLPEXUVDEOHFRVWV $1'256HH([KLELW V BBBBBB  Urban Planning Partners, Inc.2023-2031 Housing Element UPdate Urban Planning Partners, Inc. 5/19/21 ✔ 546,981.00 56 &RQWUDFWRU3URMHFW1DPH 5HY&LW\RI6DUDWRJD&RQWUDFW$PHQGPHQW3DJHRI Other. 7KH2ULJLQDO$JUHHPHQWLVDPHQGHGDVIROORZV $1'256HH([KLELW V BBBBBB  $OORWKHUSURYLVLRQVRIWKH2ULJLQDO$JUHHPHQWUHPDLQXQFKDQJHGE\WKLV&RQWUDFW $PHQGPHQW  ([KLELWV$OODWWDFKPHQWVWRWKLVDJUHHPHQWDUHE\WKLVUHIHUHQFHLQFRUSRUDWHGKHUHLQDQG PDGHDSDUWRIWKLVDJUHHPHQW $GGLWLRQDO([KLELWV ,1:,71(66:+(5(2)WKHSDUWLHVKHUHWRKDYHH[HFXWHGWKLV$PHQGPHQW ContractorCity of Saratoga 6LJQDWXUH-DPHV/LQGVD\&LW\0DQDJHU 'DWH 6LJQHU1DPH $77(67 6LJQHU7LWOH 'DWH &RQWUDFW'HVFULSWLRQ %ULWW$YULW&LW\&OHUN 'DWH $33529('$672)250 5LFKDUG7D\ORU&LW\$WWRUQH\ 'DWH Urban Planning Partners, Inc.2023-2031 Housing Element Update ✔A-1 Contract dated 5/19/21 2023-2031 Housing Element Update Lynette Dias President/ Principal 11/30/22 57 Urban Planning Partners Contract 1 of 98 EXHIBIT A-1 58 Urban Planning Partners Contract 2 of 98 59 Urban Planning Partners Contract 3 of 98 60 Urban Planning Partners Contract 4 of 98 61 Urban Planning Partners Contract 5 of 98 62 P ROPOSAL FOR S ERVICES C ITY OF S ARATOGA 2022-2030 H OUSING E LEMENT U PDATE Submitted to: Debbie Pedro, Community Development Director 13777 Fruitvale Avenue Saratoga, CA 95070 April 23, 2021 Exhibit A-1 Urban Planning Partners Contract 6 of 98 63 P ROPOSAL FOR S ERVICES C ITY OF S ARATOGA 2022-2030 H OUSING E LEMENT U PDATE Submitted to: Debbie Pedro, Community Development Director 13777 Fruitvale Avenue Saratoga, CA 95070 April 23, 2021 Prepared by: Urban Planning Partners, Inc. 388 17th Street, Suite 230 Oakland, CA 94612 510.251.8210 Urban Planning Partners Contract 7 of 98 64 April 23, 2021 Debbie Pedro, Community Development Director 13777 Fruitvale Avenue Saratoga, CA 95070 Re: Response to City of Saratoga Request for Proposals, 2022-2030 Housing Element Update Dear Debbie: Urban Planning Partners, Inc. is pleased to submit the attached Proposal for Services for the City of Saratoga Housing Element Update. Our team brings a 360-degree perspective to housing. Project Director Curtis Banks, AICP and Technical Project Advisor Leslie Carmichael, AICP each have over 30 years of experience completing Housing Elements and their associated implementation programs. We are working in tandem to complete the Town of Paradise Housing Element and were just selected to complete the City of Antioch Housing Element as well. Both of these projects further our experience and familiarity with the State’s requirements and associated deadlines. From extensive contract planning and long-range planning work, we have an understanding of what good policy looks like on both sides of the counter. Our core team includes a combination of thinkers and doers with complementary styles that will get the Housing Element done effectively and efficiently. The Urban Planning Partners team for the City of Saratoga Housing Element will include: Curtis Banks, Principal Planner, as Project Director for the overall project and leading the Housing Element update; Carla Violet, Senior Planner, as Project Manager will collaborate with Curtis on the Housing Element update, overseeing day-to-day coordination, and managing preparation of the CEQA document; Leslie Carmichael, AICP as Technical Advisor bringing with her decades of experience and expertise related to Housing Elements; and Lynette Dias, President, as Project Advisor who brings extensive experience and big ideas. This core team will be joined by technical experts in transportation, water, noise, and air quality to ensure the sites inventory meets all State requirements and that potential environmental impacts are adequately analyzed and addressed. We regularly hear from our clients that they can count on us for honesty and practical guidance and that we get the job done. Our team will work collaboratively with the City and facilitate decision-making. We are selective about the clients that we take on and believe that this assignment in Saratoga fits our portfolio. We look forward to working in the City of Saratoga. Sincerely, URBAN PLANNING PARTNERS, INC. Curtis Banks Carla Violet, Project Director Project Manager Urban Planning Partners Contract 8 of 98 65 T ABLE OF C ONTENTS 1. INTRODUCTION & PROJECT UNDERSTANDING ..................................................................... 1 Figure 1 Organization Chart ................................................................................................... 4 2. QUALIFICATIONS & EXPERIENCE ............................................................................................ 7 3. APPROACH & SCOPE OF WORK ............................................................................................ 15 4. TIMELINE ................................................................................................................................ 27 Table 1 Proposed Timeline ................................................................................................... 27 6. ESTIMATED FEE .................................................................................................................... 29 Table 2 Preliminary Fee Estimate ......................................................................................... 31 APPENDIX Resumes Urban Planning Partners, Inc. Baseline Environmental Consulting Hexagon Transportation Consultants, Inc. Sherwood Design Engineers Cogstone Resource Management, Inc. Urban Planning Partners Contract 9 of 98 66 1. I NTRODUCTION & P ROJECT U NDERSTANDING Urban Planning Partners, Inc. (Urban Planning Partners) is pleased to submit this proposal to the City of Saratoga to partner with City staff to prepare the 2022-2030 Housing Element update; assist with finalizing updates to the Land Use, Circulation, and Open Space and Conservation Elements of the General Plan; and prepare the CEQA document for this work. This section describes our understanding of the project, introduces our team, and highlights our key strengths. Qualifications for Urban Planning Partners, including references, are provided in Section 2 and our recommended scope of work, timeline, and estimated fee for preparing the Housing Element and associated documents are provided in Sections 3, 4, and 5, respectively. PROJECT UNDERSTANDING Saratoga’s illustrative Regional Housing Needs Allocation (RHNA) is 1,712 units, compared to 439 units in RHNA 5, which is a 390 percent increase from its last Housing Element cycle allocation. In addition to this substantially higher RHNA, the region is implementing new provisions of Housing Element Law in this 6th cycle, including the following:  Responsibility to affirmatively further fair housing (AFFH) through the selection of sites and creation of programs (AB 686, 2018).  Revisions to the site inventory analysis, including stronger justifications when nonvacant sites are relied upon for the RHNA, particularly for lower income housing; implementation of by-right zoning on sites that were included in a previous element; and further analysis of sites that are less than 0.5 acres or greater than 10 acres (AB 1397, 2017).  Requirement to use a format established by HCD for the inventory of sites (SB 6, 2019).  Obligation to explain compliance with the Surplus Land Act for publicly owned parcels included in the sites inventory (AB 1486, 2019).  No Net Loss Law, which means maintaining adequate sites to accommodate the unmet RHNA by each income category at all times throughout the planning period (SB 166, 2017). Given these new requirements and the magnitude of the RHNA anticipated for this cycle, the Housing Element update will be challenging. The City is seeking a consultant to assist City staff with preparing the 2022-2030 6th Cycle Housing Element that is compliant with State law and the California Environmental Quality Act (CEQA) and meets the HCD deadline for adoption by January 2023 and complete the General Plan 2040 update to be aligned with the Housing Element. In addition to the technical knowledge required to fulfil all these tasks, we understand the City needs a strong project manager who can work collaboratively with City staff and management. A significant challenge for this effort will entail how the City will comply with RHNA numbers in the site inventory while maintaining the predominately small-town residential character of Saratoga that is highly valued by its residents. Urban Planning Partners is highly skilled at working on complex, controversial, and politically challenging projects requiring a proactive project management approach Urban Planning Partners Contract 10 of 98 67 and working with an active and engaged citizenry. Another important component of this work is to work closely with staff throughout the project timeline, including exploration of various approaches, analysis, engagement with the Planning Commission and City Council, and coordination with HCD to help ensure ultimate certification of the updated element. We regularly work as an extension of City staff and work collaboratively with them to achieve approval and implementation of policies. Our project managers are also adept at internal and external communication, such as leading successful team meetings and giving public presentations at public hearings. It is understood that City staff will provide a comprehensive set of desired changes to the previous Housing Element that will be used to inform the 6th Cycle Housing Element. ABAG’s Regional Housing Technical Assistance Program will also provide jurisdiction-specific and county-level narratives can be incorporated into the document, including a “data package” to support the required demographic and housing needs analysis for the Housing Element. ABAG/MTC will also be providing additional resources made available to local jurisdictions for the 6th Cycle updates through the Regional Early Assistance Program (REAP) program, including the Housing Element Site Selection (HESS) Tool, webinars, and office hours with HCD. The scope and budget reflect the cost savings and efficiencies provided by these resources. The project also includes working with City staff to update the City’s General Plan Land Use, Circulation, and Open Space and Conservation Elements that may need to be amended to be consistent with the 2022-2030 Housing Element. The City began updating these elements in 2018. However, due to the substantial increase in the number of housing units that Saratoga will be required to plan for in the RHNA 6, the schedule of the General Plan 2040 update was revised to align with the Housing Element. This work will entail incorporating the previous work with the Housing Element, so it appears as a cohesive document. KEY OUTCOMES Based on our review of the Request for Proposals, discussions with City staff, and review of other planning policy documents, we believe that a successful Housing Element update would result in the following outcomes:  The 2022-2030 Housing Element is consistent with State law (including AB 1397 and AB 686) and is approved by the City and certified by HCD by the end of January 2023.  Community leaders, residents, businesses, and other community members see their input in the Housing Element.  The Housing Element establishes a path forward to achieve the City’s RHNA allocation, including rezoning and strategies to support a mix of incomes and broad range of housing choices. Urban Planning Partners Contract 11 of 98 68  The City’s General Plan Land Use, Circulation, and Open Space and Conservation Elements are aligned with the 2022-2030 Housing Element.  Technical assistance materials and close collaboration with City staff are leveraged to achieve an efficient and effective process.  An EIR is certified to include the Land Use, Circulation, Open Space and Conservation, and Safety Elements along with the Housing Element that will streamline the CEQA process and make progress towards implementing the Housing Element and General Plan policies. OUR APPROACH Our unique perspective, team makeup, and values will guide our approach, as outlined below.  Working Smarter. Urban Planning Partners has been attending the ABAG Housing Element Technical Assistance webinars and will utilize all materials and resources that are produced through the Regional Early Action Grant (REAP) funding, including outreach materials, data packets, and the Housing Element Site Selection (HESS) tool. We will also consult HCD’s library of material, including forthcoming guidance on AFFH, to gain efficiencies and avoid missteps.  Seasoned Veterans and New Ideas. Changes to Housing Element Law means that old approaches are no longer sufficient alone, and as a result, Housing Elements have become much more all-encompassing than they used to be. Our core team includes a combination of thinkers and doers with complementary styles that will get the Housing Element done in time. Project Director Curtis Banks, AICP has completed Housing Elements and their implementing actions for several housing element cycles. Project Manager Carla Violet brings her extensive experience managing a wide range of environmental and long-range planning efforts, effortlessly working both with and as an extension of City staff across jurisdictions. Our planning team will be joined by technical experts in transportation, water, wildfire, noise, along with other technical environmental topics to ensure the sites inventory meets all State requirements and that potential environmental impacts are adequately analyzed and addressed. Leslie Carmichael will serve as a Technical Advisor on this project to provide added Housing Element experience to our team.  Collaboration with HCD. Our approach will be to consult with HCD early and often. Our staff have long-standing relationships with Paul McDougall, and we will attend HCD office hours to ensure issues are identified early. Urban Planning Partners will also prioritize building a relationship with HCD’s Santa Clara County representative, Irvin Saldana. Curtis will be directing this collaboration.  Parallel Paths. To the extent feasible, we will also work on parallel paths to allow CEQA to continue in tandem with the Housing Element update. We will mark out critical path items and make sure community engagement opportunities can inform multiple prongs of the project as appropriate. Urban Planning Partners Contract 12 of 98 69 PROJECT TEAM SUMMARY As prime consultant, Urban Planning Partners would manage the contract for the Housing Element, be responsible for the accuracy and quality of all technical documentation and represent the team at all public hearings. We have assembled the following well-qualified team to prepare the City of Saratoga Housing Element Update:  Urban Planning Partners, Inc.: Prime Consultant, Project Management, Housing Element and General Plan 2040 Update, and CEQA.  Baseline Environmental Consulting: Air Quality, Noise and Vibration, Greenhouse Gas Emissions, Geology and Soils, Hazards and Hazardous Materials, Hydrology and Water Quality and Wildfire.  Hexagon Transportation Consultants, Inc.: Transportation Impact Analysis.  Sherwood Design Engineers: Water Capacity Analysis.  Cogstone Resource Management, Inc.: Cultural Resources Analysis. The organization chart in Figure 1 illustrates our team’s composition. FIGURE 1 ORGANIZATION CHART Urban Planning Partners Contract 13 of 98 70 OUR KEY STRENGTHS We believe that Urban Planning Partners’ team key strengths, as follows, will lead to cost-efficient, high quality, and legally defensible products:  Housing Element Experience. Curtis Banks, AICP has over 30 years of experience in the public sector across the Bay Area and has made housing a focus of his career. Curtis, serving as the Community Development Director for Foster City at that time, oversaw the 5th Housing Element Cycle and facilitated discussion and negotiations with HCD. Since the adoption of the Housing Element in 2015, Foster City has issued permits for 638 housing units with another 92 now in plan check. Urban Planning Partners continues to implement the Foster City Housing Element, including management of an Affordable Housing Overlay (AHO) Combining District that provides different incentives for affordable housing and creation of objective standards for multi-family housing. He also participated in 21 Elements, which is a subregional collaborative that brought together all the jurisdictions in San Mateo County jointly work on housing issues. Curtis also previously prepared elements for the Cities of Morgan Hill and Mountain View and is currently leading the Urban Planning Partners’ team preparing the City of Antioch Housing Element. Technical Advisor Leslie Carmichael, AICP also has over 30 years of experience in the public sector and has made housing a focus of her career. Leslie managed preparation of Foster City’s Housing Element updates in 2001, 2010, and 2015.  360 Degree Perspective. We know that housing does not begin and end with Housing Elements. In addition to planning for housing, Urban Planning Partners understands and is active in the entire process of housing development on both sides of the counter. Our housing work includes: o Leading development teams in identifying an entitlement strategy and preparing and submitting development applications. o Hosting community outreach events for contentious housing projects. o Writing zoning code amendments and ordinances, interpreting regulations, and approving projects at the counter as contract planners. o Providing environmental review services in accordance with State and national regulations. o Working with jurisdictions to identify and implement process and policy changes to accelerate housing production. o Collaborating with the region to share best practices and lessons learned. Despite all the upfront planning for housing that is done, we see what projects go through after a Housing Element is adopted and know where there are opportunities to streamline and improve the permitting process. Our holistic housing perspective will be invaluable when it comes to creating a strategy for the Housing Element update and we are excited to realize housing streamlining opportunities in Saratoga.  Preparing Defensible EIRs. Urban Planning Partners’ staff has an established record of preparing defensible CEQA documents. We have worked on over 250 CEQA documents, many of which have been the subject of significant controversy and threatened litigation. However, in most controversial situations, we have been successful in preparing a document that provides a comprehensive and objective analysis of each area of controversy that allows the debate to focus on the project merits rather than the legal adequacy of the CEQA document or process. Urban Planning Partners Contract 14 of 98 71  Senior Staff Involvement. Urban Planning Partners is committed to having senior staff closely involved in projects daily. Lynette Dias, President, who began her professional planning career as a Planner in the City of Saratoga, will provide high level strategy on this project while Curtis Banks, Principal Planner, will serve as Project Director. We work collaboratively within our team on every project, assigning both junior and senior staff to any given scope of work. This means the Principal or Manager will be involved on a regular basis with weekly check-ins and day-to-day availability to provide guidance and strategy throughout the project as well as quality assurance.  Commitment to Schedules and Budgets. Urban Planning Partners is known for our commitment to project schedules and budgets. We seek to initiate each project with a clear understanding of the realistic dates for key milestones on the critical path for completing the project. We are diligent about managing our projects to ensure that schedules are met. We prepare weekly staff labor allocations and quarterly projections to ensure our efforts align with our budgets. By leading the Planning and CEQA review in-house, the Urban Planning Partners’ team will further streamline this project budget. Whenever possible, we provide advanced notice to reviewers on receipt of a product for review and we facilitate the process by remaining in communication with them during the revision period. Urban Planning Partners Contract 15 of 98 72 2. Q UALIFICATIONS & E XPERIENCE This section highlights Urban Planning Partners’ relevant experience for preparing the City of Saratoga Housing Element Update. It begins with a brief firm description and key staff qualifications followed by relevant projects and references for Urban Planning Partners. URBAN PLANNING PARTNERS, INC. Urban Planning Partners is a land use planning firm that was established in 2009. We are a small (15 person staff) firm located in Downtown Oakland and 100-percent woman-owned. The firm is led by Lynette Dias, Urban Planning Partners’ Founder and President. Lynette has over 25 years of urban and environmental planning experience. She began her career in the public sector in northern and southern California cities, including her first professional planning role as a Planner for the City of Saratoga. She later transitioned into consulting, where she spent the majority of her career working for public agencies and private developers throughout California. OUR MISSION AND VALUES Our mission is to help create better places in partnership with our clients and the communities in which we work. Our core values are:  We care. We have called the Bay Area home since our founding and love playing a part in shaping some of our favorite places. We take on projects that stir something in us, and it shows.  We collaborate. Projects are stronger when the development process is collaborative. Whether it’s working with one another, our subconsultants, or our clients, we believe in joining forces.  We reach. The potential for what we can do, not relying on what we’ve always done, is what motivates us. Reaching up and preaching out keeps our work innovative, our team engaged, and our approach inclusive.  We are real. We pride ourselves on telling it like it is. Our clients can count on us for honest, practical guidance. Our key services include planning policy, development services, community engagement, environmental review, contract planning, and grant writing. Trust, objectivity, and insight are the foundations of our work. Our dedication, strong communication skills, and diverse range of experience enable successful partnerships with our clients. We collaborate with our clients and the communities in which we work to achieve approval and implementation of policies and projects that better urban environments. Urban Planning Partners Contract 16 of 98 73 KEY STAFF The Urban Planning Partners team for City of Saratoga Housing Element Update will be directed by Curtis Banks, Principal Planner, and managed in collaboration with Carla Violet, Senior Planner. Curtis will oversee the overall project and direct the Housing Element update work with assistance from Carla. Carla will manage project coordination and the CEQA work. Lynette will assist with high level strategy and provide her knowledge of Saratoga while Leslie will assist with her current and past knowledge of housing element updates. Curtis and Carla have experience working together in a similar capacity when Curtis oversaw Carla’s work as a contract planner for the City of Foster City while he served as Community Development Director. She managed the entitlements and EIR for the Lincoln Centre Life Sciences Centre Project and the EIR for the Levee Protection Planning and Improvement Project. They’ve enjoyed a great working relationship ever since! Brief professional biographies for Lynette, Curtis, Carla, and Leslie are provided below, with full resumes provided in Appendix A. Curtis Banks, Principal Planner/Silicon Valley Director, Project Director. Curtis has over 30 years of experience in planning and community development, including affordable housing, building, and code enforcement. Curtis has managed a wide variety of residential and nonresidential projects, coordinating all facets of the project from the beginning of the planning and environmental review process through construction. Curtis also has experience preparing and overseeing long-range planning efforts, including General Plan updates, Downtown Development Plan updates, and Neighborhood Plans. Curtis has a good working relationship with the California Department of Housing and Community Development (HCD)’s Housing Element compliance team, as he had extensive discussions with HCD staff to achieve compliance for the Foster City Housing Element in 2015 and worked on the 2009 Element. He joined Urban Planning Partners after retiring as the Community Development Director in Foster City and is excited to assist cities in his new role, utilizing his experience and passion for planning to help create better places. Carla Violet, Senior Planner, Project Manager. Carla has 10 years of experience in land use planning and environmental review consulting services. She has managed CEQA documents, ranging from streamlined CEQA exemptions to EIRs with a focus on mixed-use, infill development projects near transit stations. Carla has also served as a contract planner for the cities of El Cerrito, Union City, Foster City, Berkeley, and Novato. Carla is currently Union City’s contract planner managing the Station East Residential and Mixed-Use Project EIR and entitlements near the Union City BART Station which proposes the development of up to approximately 1.8 million square feet, 974 new residential units, and 30,800 square feet of commercial space. She is also managing the California College of the Arts (CCA) Oakland Campus Redevelopment Project EIR. The CCA project proposes redevelopment of a 4.2-acre campus with 462 residential units across two residential buildings, office space, and 1.54 acres of public open space, as well as the renovation and relocation of existing historic buildings. Her recently completed project include the Eastline at 2100 Telegraph Avenue Project EIR, the redevelopment of a 3-acre site in downtown Oakland. The EIR analyzed several mixed-use scenarios, the largest of which was up to 2.8 million square feet of office. She also served as Deputy Project Manager for the new Irvington BART Station Site Plan and Area Plan for the City of Fremont and BART. Carla is Urban Planning Partners Contract 17 of 98 74 skilled at managing large subconsultant teams and navigating complex projects with expedited timelines that require managing the CEQA review and planning processes on parallel paths in close collaboration with City staff. Leslie Carmichael, Principal Planner, Technical Advisor. Leslie has an extensive background in planning and redevelopment, including more than 30 years in the public sector. Her experience includes general plan elements (including housing and safety elements), affordable housing strategies and management, zoning code updates, architectural guidelines, review of complex projects, preparation of environmental documents, agenda management, public counter supervision, redevelopment agency administration, and much more. Among her public sector experiences, Leslie managed preparation of Foster City’s Housing Element updates in 2001, 2010, and 2015 including assessment of needs, public outreach, site analysis, and development of policies and implementation measures. Leslie prepared municipal code amendments to implement various aspects of the Foster City Housing Element, including reasonable accommodation, tenant anti-discrimination based on source of income, emergency shelters, and density bonus. Leslie was also responsible for coordinating input across multiple departments to update Foster City’s Standard Conditions of Approval, and managed consultant work to prepare and adopt a commercial linkage fee. Lynette Dias, President, Project Advisor. Lynette has over 25 years of planning experience working for both public agencies and private landowners and developers and has served as a city contract planner and project manager for many significant public/private partnership development projects. As a result, Lynette is recognized for her solid understanding of both the public and private sides of the development processes, her strengths in working on complex and controversial projects, preparing comprehensive yet easy to understand documents, effectively presenting complex projects and findings to a diverse audience, and identifying and solving project challenges. RELEVANT PROJECT EXPERIENCE Projects that demonstrate the breadth and depth of our qualifications to prepare the Housing Element update for the City of Saratoga are highlighted below. We encourage you to contact our references to hear their experience with Urban Planning Partners’ commitment to communication and client service. HOUSING ELEMENT PREPARATION AND IMPLEMENTATION CITY OF FOSTER CITY As former Community Development Director for Foster City, Curtis Banks oversaw the Planning/Code Enforcement Division, Building Inspection Division, and Administration and was responsible for the City's affordable housing programs and preparation and administration of the department budget preparation. Some highlights of Curtis’ accomplishments at Foster City include:  Overseeing the preparation of the Housing Element in 2015 including developing policies and identifying sites, facilitating discussion and negotiations with the HCD, and giving presentations to the Planning Commission and City Council. Urban Planning Partners Contract 18 of 98 75  Participating in 21 Elements, which is a subregional collaborative that brought together all the jurisdictions in San Mateo County jointly work on housing issues.  Overseeing implementation of Housing Element policies to achieve compliance with State law.  Identifying sites for the affordable housing overlay zones using existing underdeveloped sites or sites ripe for redevelopment. Additionally, since 1987, Leslie Carmichael has worked extensively in Foster City, with focus around housing policy and implementation. Leslie’s involvement in Foster City’s Housing Elements include:  Managing preparation of the City’s current 2023-2031 Housing Element.  Managing preparation of Housing Element updates in 2001, 2010, and 2015, including assessment of needs, public outreach, site analysis, and development of policies and implementation measures.  Preparing municipal code amendments to implement the Housing Element, including reasonable accommodation, tenant anti-discrimination based on source of income, emergency shelters, and State and local density bonuses. Client Contact: Marlene Subhashini, Community Development Director City of Foster City 610 Foster City Blvd Foster City, CA 94404 (650) 286-3239 msubhashini@fostercity.org AFFORDABLE HOUSING OVERLAY ZONE CITY OF FOSTER CITY In order to provide the capacity for Foster City’s RHNA, the City’s Housing Element includes an Affordable Housing Overlay (AHO) Combining District to encourage the production of additional housing units, including affordable units, and to rezone selected sites with the AHO to encourage redevelopment of existing, older apartments with additional housing that is sensitive to the neighborhood and surrounding development. Leslie Carmichael oversees this program, including the creation Urban Planning Partners Contract 19 of 98 76 of the zoning regulations, outreach to property owners, and bringing the new regulations and zoning map changes through the approval process. The AHO District provides different incentives than the existing density bonus regulations, including the ability to combine incentives from more than one income category and to achieve an increased density higher than the 35 percent maximum increase allowed under density bonus law. Client Contact: Marlene Subhashini, Community Development Director City of Foster City 610 Foster City Blvd Foster City, CA 94404 (650) 286-3239 msubhashini@fostercity.org IRVINGTON BART STATION SITE PLAN, STATION AREA PLAN, AND EIR BART AND THE CITY OF FREMONT Urban Planning Partners led a team of consultants on the development of a Station Site Plan and Station Area Plan for the new Irvington BART Station. Working with a large team and two different clients on a controversial project required a proactive project management approach and robust community outreach. Because the Irvington BART Station Project has had a long and complicated history since its original approval in 2003, clear and robust messaging was essential to gather community input, gain support for the project, and correct misinformation. Leading the development of the Station Area Plan, Urban Planning Partners worked with Urban Field Studio to guide future development in the area surrounding Irvington Station and stitch the new station into the existing community. We prioritized crafting a Station Area Plan that is useful and easily readable for planners and developers and that includes objective development standards. Lynette Dias was the Project Manager and Carla Violet served as the Deputy Project Manager. Completion of this project has achieved the City of Fremont’s longstanding vision of a transit-oriented, active area, strategically integrated with the future Irvington BART Station; consistent with the City’s 2011 General Plan and Irvington Community Plan goals. Client Contact: Kristie Wheeler, Assistant Community Development Director Urban Planning Partners Contract 20 of 98 77 City of Dublin 100 Civic Plaza Dublin, CA 94568 (925) 833-6610 kristie.wheeler@dublin.ca.gov 2100 TELEGRAPH – EASTLINE PROJECT EIR AND ENTITLEMENTS CITY OF OAKLAND, LANE PARTNERS, AND STRATEGIC URBAN DEVELOPMENT ALLIANCE (SUDA) The Eastline project, which includes the redevelopment of an approximately 3-acre site covering a full city block with up to 2.8 million square feet was approved by the City of Oakland in 2018. This project represents a unique opportunity to strengthen and revitalize the urban fabric of Downtown and the Uptown District, improve public safety, and activate the connection between Broadway and Telegraph Avenue. The project included a Planned Unit Development/Preliminary Development Plan (PUD/PDP) that guided and regulated redevelopment of this site immediately adjacent to the 19th Street BART station. The PUD/PDP included four illustrative development scenarios are programmed in the PUD/PDP: a maximum residential scenario, a maximum office scenario, an office and residential scenario, and an all-office scenario. Some of the challenges included: on- and off-site historic resources, BART tunnels directly beneath the project site, public and private ownership of the site, the proposed scale and height (over 900 feet), traffic generated by the project in a congested downtown area, shade and shadow resulting from the project, existing public parking on the site, and the desired flexibility in the approval to allow the project to be flexible to market demands given a tenant was not yet secured. Urban Planning Partners, with Lynette Dias as Principal-in-Charge and Carla Violet as Project Manager, worked closely with both the City of Oakland and the project applicants in preparing a comprehensive EIR to evaluate this project and its multiple development scenarios. In addition to management of the EIR, their work on the entitlements process included overseeing the performance deadlines for the Exclusive Negotiating Agreement (ENA) between the applicant and the City. Client Contact: Pete Vollmann, Planner IV City of Oakland 250 Frank H. Ogawa Plaza Oakland, CA 94612 Urban Planning Partners Contract 21 of 98 78 (510) 238-6167 pvollmann@oaklandnet.com ACCESSORY DWELLING UNIT INITIATIVE CITY OF OAKLAND AND METROPOLITAN TRANSPORTATION COMMISSION (MTC)/ASSOCIATION OF BAY AREA GOVERNMENTS (ABAG) Urban Planning Partners is leading an Accessory Dwelling Unit (ADU) Initiative to update the City of Oakland’s ADU policies, procedures, and practices and remove barriers to ADU construction. The ADU Initiative is among several strategies to increase affordable housing stock for renters while protecting current residents from displacement and ensuring that Oakland’s housing policies are racially and economically equitable. As the lead consultant for this project, Urban Planning Partners is developing strategies to achieve these goals supported by robust research, policy analysis, and community engagement. We have finished the research stage of the project, which included reviewing existing literature, collecting and analyzing qualitative and quantitative data from stakeholder engagement, and performing a regulatory review and geospatial analyses. Based on our findings, Urban Planning Partners worked with the City to identify and prioritize solutions that will best fit Oakland’s unique needs and have the most impact. We are now starting the solutions implementation process, which includes establishing a pre-approved plan program, developing short ADU and landlord guides for homeowners, and revising the City’s property line survey requirements for ADU applications. Following solutions implementation, we will initiate a public campaign to inform homeowners of the new tools available to help them develop ADUs. We have applied an equity lens to the project with the goal that the ADU policies and practices we implement will reduce racial disparities. In the research stage, we partnered with service providers, community leaders, and organizations to learn from homeowners of color and low- and moderate- income homeowners. The project clients have been thrilled with our equity-driven analyses and have even shared our work as an example with the California Department of Housing and Community Development (HCD). Client Contact: Ada Chan, Regional Planner MTC/ABAG 375 Beale Street, Suite 800 San Francisco, CA 94105 (415) 820-7958 achan@bayareametro.gov Urban Planning Partners Contract 22 of 98 79 ALAMEDA POINT MAIN STREET NEIGHBORHOOD SPECIFIC PLAN CITY OF ALAMEDA Urban Planning Partners, teaming with Cultivate Studio, prepared a Specific Plan for the Main Street Neighborhood of Alameda Point for the City of Alameda. Alameda Point has a rich history due to its legacy as a former Naval Air Station (NAS) site; the Main Street Neighborhood embodies this historic quality and also has a unique location in the most southeasterly area of Alameda Point, just adjacent to the existing City streets and residential neighborhoods of Alameda. Crafting a Specific Plan that delivers a pedestrian-friendly, transit-oriented, mixed-use neighborhood consistent with the goals and expectations of the City of Alameda was critical to “stitching” this historic neighborhood into the balance of the City and the larger Alameda Point community. Urban Planning Partners and Cultivate leveraged 20 years of planning work and community input collected from Alameda residents, City staff, and local stakeholders into a Specific Plan that implements their collective vision. We helped to prepare an outreach and marketing strategy that included four primary elements: kick off meeting, stakeholder interviewers, open-house, and internet participation. Key planning policy issues considered as part of this effort included: (1) translating the community’s agreed upon vision into specific policies and implementation measures, (2) providing necessary policy guidance and implementation measures for the future development of the area, (3) ensuring the existing supportive housing had the necessary policy and implementation framework to secure its long term viability within the neighborhood, and (4) maintaining and protecting those portions of the NAS Alameda Historic District within the neighborhood with specific policy guidance that is consistent with the City’s previous historic work. Lynette Dias served as Principal-in-Charge and Carla Violet served as Project Manager. Client Contact: Michelle Giles, Base Reuse Manager City Hall West 950 West Mall Square Alameda, CA 94501 (510) 747-7449 mgiles@alamedaca.gov Urban Planning Partners Contract 23 of 98 80 3. A PPROACH & S COPE OF W ORK This section outlines Urban Planning Partners’ recommended approach and scope of work for preparing the Housing Element and General Plan Update for the City of Saratoga. Urban Planning Partners will lead the environmental review process, including defining the project for purposes of CEQA, conducting the necessary analysis, preparing the appropriate CEQA document and associated notices, and then publishing and distributing. SCOPE OF WORK PROJECT MANAGEMENT AND COORDINATION Urban Planning Partners will undertake a variety of general management tasks throughout the Housing Element update process, including schedule management, coordination with subconsultants, quality assurance for all work conducted in-house and by subconsultants, and coordination with HCD. Urban Planning Partners will provide direction to all team members to ensure an internally consistent, coherent document. Carla Violet, Project Manager, will serve as the primary point of contact and ensure effective coordination through various strategies including but not limited to:  Assigning a dedicated meeting notetaker.  Sending action items after each meeting.  Establishing regular check-ins/standing meetings to coordinate across the consultant team.  Providing concise, regular updates to City staff as desired.  Completing clear projections and allocations of work for all staff to ensure project deadlines are met or exceeded in a timely manner in conjunction with other project work.  Overseeing a thorough quality assurance and quality control (QAQC) process including senior level review on all deliverables. Project Director Curtis Banks will serve as point of contact with HCD, communicating early and often with the Santa Clara County representative as well as with Paul McDougall, HCD Manager. Curtis and Carla will attend HCD office hours and ABAG Webinar Series on an as-needed basis to keep up to date on key checkpoints for the Housing Element process and stay on track to meet all state requirements and deadlines. In order to ensure collaboration between City staff and the consultant team, Urban Planning Partners has assumed bi-monthly, one-hour meetings (36 total) with key staff contacts for the duration of the project. This scope of work and fee assumes that the following meetings will be needed:  Project Kick-Off Meeting  AFFH Strategy Meeting  Sites Inventory Scenarios Working Sessions (4)  CEQA (4) Urban Planning Partners Contract 24 of 98 81  Hearings Preparation Meetings (4)  Goals, Policies, Programs, and Quantified Objectives (10)  Miscellaneous meetings to address issues (12) Agenda items at the Kick-Off meeting will include the appropriate buffer to use for the sites inventory, when and how often to engage the Planning Commission and City Council, communication protocols and team meeting frequency, any adjustments to the proposed project schedule to coincide with the community engagement and outreach, and the scope and schedule for the CEQA. Task 1 Deliverable:  Updated scope of work, fee, and schedule (one round of review and revision) COMMUNITY OUTREACH AND ENGAGEMENT Per the RPF, City staff will develop and lead the community outreach and engagement program. As part of the kick-off meeting, Urban Planning Partners and City staff will discuss the timeline of the community engagement and adjust the project schedule accordingly. UPP has considerable experience conducting highly effective community engagement and outreach and can assist City staff if desired. The scope of work and budget only includes our participation in up to three (3) community meetings (assumed to be virtual). Should our attendance be requested at more meetings, we will bill the City on a time-and- materials basis at our standard rates outside of this scope of work. HOUSING ELEMENT UPDATE Task 3A. Housing and Special Housing Needs ABAG’s Regional Housing Technical Assistance Program has produced jurisdiction-specific graphs and write-ups for most required data points, including population, demographic, housing, market conditions and regional comparisons. The information provided by the Technical Assistance Program has been vetted by HCD and complies with Housing Element law requirements to include the following:  Existing and projected housing needs for all income levels, including extremely low income- households.  Population and employment trends.  Household characteristics, including level of payment compared to ability to pay, overcrowding, and housing stock condition.  Assisted housing developments at risk of conversion.  Special housing needs, such as those of the handicapped, elderly, large families, farmworkers, families with female heads of households, and families and persons in need of emergency shelter. Urban Planning Partners will review the technical assistance information for accuracy, format for consistency, and incorporate it into the Housing Element. We will also add a discussion element to the Urban Planning Partners Contract 25 of 98 82 data packets to make the data more meaningful. Urban Planning Partners will add text to the narrative that identifies key themes and draws connections between different data points. In addition, we understand that the following items are missing from the data packets and must be added to fulfill HCD expectations:  Jurisdiction-specific data on homelessness (in addition to the county-level data included in the ABAG packets).  Individual affordable housing properties at risk of conversion (in addition to the total number of units at risk of conversion included in the packet).  Local data on substandard housing and rehabilitation needs.  Projected number of Extremely Low-Income households (which requires a finalized RHNA to address). Urban Planning Partners will work with City staff and consult local code enforcement data and data from the California Housing Partnership to obtain this information and incorporate it into the Housing and Special Housing Needs section of the Housing Element. Urban Planning Partners will also participate in the ABAG Housing Element Technical Assistance Program’s webinar series and office hours to be up to date on the technical assistance materials provided and to provide input on the City of Saratoga’s needs as appropriate. Task 3B. Housing Constraints State Housing Element Law requires that local jurisdictions outline the barriers or constraints to providing the community’s housing needs, including both governmental and non-governmental. ABAG’s Regional Housing Technical Assistance Program is expected to provide all cross-jurisdictional comparisons necessary for this task. It is assumed this work will include constraints such as construction costs. The Technical Assistance Program will also provide write ups of typical countywide non-governmental constraints, including community opposition to housing, cost of construction, limited availability of land and other topics. Urban Planning Partners will incorporate the jurisdiction specific data provided by ABAG into the document. Urban Planning Partners will identify if any potential and actual constraints specific to Saratoga are not included in the ABAG’s work, such as City-specific building codes and their enforcement or local processing and permit procedures. Task 3C. Existing Housing Element Urban Planning Partners will review the current Housing Element and identify Saratoga’s success in accomplishing/implementing the identified goals, policies and programs and provide explanations and updates where goals, policies or programs are in progress, have been abandoned, or have not proven effective. The draft of this review that has been written by City staff for the Annual Progress Report will Urban Planning Partners Contract 26 of 98 83 be utilized for this effort. It is assumed that the City has a Word version of the 2015-2023 Housing Element. Task 3C Deliverable:  Housing Element Evaluation table (one round of review and revision) Task 3D. Sites Inventory Like other Bay Area jurisdictions, the City will face a more challenging sites inventory this cycle due to a higher RHNA than previously and recent legislative changes to both the Housing Accountability Act and Housing Element law. Per HCD’s recommendation, we suggest the City implement a buffer to identify 15 to 30 percent more capacity than required. This “RHNA buffer” will help the City ensure that sufficient capacity exists in the Housing Element to accommodate the RHNA throughout the planning period, especially given No Net Loss Law which requires sufficient adequate sites to be available in the city at all times to meet a jurisdiction’s remaining unmet housing needs for each income category. Urban Planning Partners will utilize ABAG’s Housing Element Site Selection (HESS) tool to identify an inventory of adequate sites that can be developed for housing within the planning period. The HESS tool allows jurisdictions to better see the relationship between zoning, environmental constraints, public facilities, and services to sites, as well as the potential for a site to affirmatively further fair housing per AB 686. It is anticipated that most Saratoga sites will be identified in the HESS tool’s yellow tier of sites (i.e., sites that could potentially be used to accommodate RHNA but require additional analysis or documentation). Urban Planning Partners will consider and save multiple scenarios in the HESS tool and consult with City staff at a working session to refine the options. Three admin draft scenarios will be presented to City staff and after incorporating City comments, three public draft scenarios will be presented to City officials and members of the public to inform the sites inventory and rezoning program (e.g., rezoning sites to allow residential development, rezoning sites for higher densities). Hexagon will also provide analysis support to the team as it considers housing sites and prepares the CEQA document. Existing VMT and Existing plus project VMT will be evaluated. Because the City of Saratoga has not yet adopted any analysis methodology or significance thresholds related to VMT, the VMT thresholds for this project will be based on the Governor’s Office of Planning and Research’s (OPR) recommendations. Hexagon will determine the citywide VMT per capita with and without the housing element. If the VMT increases, Hexagon will identify a potential significant impact and will outline mitigation measures at a general level. If the VMT decreases, Hexagon will identify a less than significant impact. Although no longer required by CEQA, Hexagon can analyze the local transportation operational effects of increased housing based on Level of Services (LOS), if desired by the City. Since the project description is not known at this time, the detailed scope and budget associated with the intersection analysis will be determined in consultation with City staff. Based on the City of Saratoga Administrative Draft General Plan 2040, Hexagon proposes to utilize the land use projections from ABAG and the Countywide transportation demand model maintained by the Santa Clara Valley Transportation Authority (VTA) to conduct the VMT analysis. Urban Planning Partners Contract 27 of 98 84 Hexagon will also evaluate the proposed Housing Element update’s potential impacts on the City’s existing and planned bicycle, pedestrian, and transit facilities. Hexagon will also identify any potential conflicts with the City’s adopted policies on bicycle, pedestrian, and transit facilities. Potential mitigation strategies would be identified in coordination with City staff. It is assumed that ABAG’s Technical Assistance Program will provide market information that can be referenced to substantiate the potential for redevelopment on non-vacant sites. This information and permit data on projects completed in the prior planning period will be used to assess feasibility of redevelopment on non-vacant sites. Urban Planning Partners will ensure sites are properly documented on the HCD-required Site Inventory spreadsheet and a map. The inventory will also include zone(s) where emergency shelters are allowed by- right. Urban Planning Partners will also include an analysis of how the sites are identified throughout the community in a manner that affirmatively furthers fair housing opportunities as required by Government Code Section 65583(c) (10). The AFFH analysis will be guided by ABAG’s Technical Assistance Program and HCD’s forthcoming memorandum. It is anticipated that one of the meetings with City staff will be to discuss the AFFH approach after more guidance on this topic is released. Task 3D Deliverables:  Meeting materials for City staff working session  Admin Draft sites inventory scenarios (3) (one round of review and revision)  Public Draft sites inventory scenarios (3) Task 3E. Goals, Policies, Programs, and Quantified Objectives Based on community feedback and the results of the analysis completed in the Tasks above, the Urban Planning Partners team will work with City staff to formulate draft goals and policies relative to the maintenance, preservation, improvement, and development of housing for the City’s review. Once there is consensus on the goals and policies, the Urban Planning Partners team will develop programs and quantified objectives. The goals, policies, programs, and quantified objectives will be directly tied to the housing needs, constraints, and key priorities identified in the update process and will be vetted in the community engagement process. The programs developed in this task will be described in an eight-year schedule of actions that the City will undertake to implement the policies and achieve the goals and objectives of the Housing Element. Task 3E Deliverables:  List of goals, policies, programs, and quantified objectives (1 round of review and revision) Task 3F. Rezoning It is likely that rezonings will be needed to accommodate a shortfall of sites, but the extent will be determined while developing the sites inventory. See the budget table for the level of effort assumed for this effort. This fee may or may not be sufficient depending on the number of sites that will need rezoning and if amendments are needed to the Zoning Code. If it is simply a matter of updating the Urban Planning Partners Contract 28 of 98 85 zoning map to rezone sites with zoning districts that already exist, the effort will be minimal. However, if new or modified zoning districts are needed, the effort will be more robust. Once the sites inventory is close to final, we will revisit this task to refine our scope of work and fee. Task 3F Deliverables:  Rezoning Program Scope and Fee Refinements  Zoning Code Amendments (rounds of review and other required deliverables will be outlined in the Rezoning Program Scope and Fee) Task 3G. Draft Housing Element Following HCD guidance, Urban Planning Partners will compile all the Housing Element pieces described above into the Administrative Draft Housing Element for City staff review and comment. Staff will provide a consolidated set of desired changes. Once edits are complete, Urban Planning Partners will provide a Public Draft Housing Element that is made available to the public and presented to both the Planning Commission and City Council at public hearings. Based on input received at the Commission and Council hearings, Urban Planning Partners will prepare a HCD review draft and transmit to HCD for the mandated review. Task 3G Deliverables:  Administrative draft Housing Element (Microsoft Word)  Public review draft Housing Element  HCD Review Draft Housing Element  Planning Commission and City Council PowerPoint (1 round of review and revision)  Two public hearings Task 3H. Final Draft, Final Adoption, and Certification Urban Planning Partners will work closely with HCD and jurisdiction staff to respond to any comments from HCD and produce a final draft Housing Element for adoption. This final draft will be presented to the Planning Commission and City Council at public hearings. Any last comments from the Commission and Council hearings will be addressed before submitting the Housing Element to HCD for final certification. Urban Planning Partners will also transmit the final Housing Element to the water/sewer district and the California Office of Planning and Research and will perform the required CEQA noticing. Task 3H Deliverables:  Draft Final Housing Element  Final Housing Element  Planning Commission and City Council PowerPoint (1 round of review and revision)  Two public hearings Urban Planning Partners Contract 29 of 98 86 GENERAL PLAN UPDATE Urban Planning Partners will coordinate with City staff to identify sections of the City’ s General Plan Land Use, Circulation, and Open Space and Conservation Elements that may need to be amended, to be consistent with the 2022-2030 Housing Element. It is understood that Staff will prepare updates to the Safety Element per the requirements of SB 1241. Urban Planning Partners will provide a matrix identifying General Plan policies that are inconsistent with the Housing Element’s draft goals, policies, programs, and quantified objectives. The matrix will include a column showing in redline what updates or revisions are needed to achieve consistency. Hexagon will assist with the revisions to the Circulation Element goals, policies and programs, with particular emphasis on reflecting the new General Plan guidelines, incorporating new policies related to vehicle-miles of travel (VMT), consistency with the City’s greenhouse gas reduction goals, and considerations about emerging transportation technologies. The policies will combine Saratoga’s local transportation context with best practices and policies prepared for similar jurisdictions in the Bay Area and California. The consistency matrix could also include columns assigning a responsible party, the mechanism for implementation, and/or a due date to help facilitate implementation for City staff. Task 4 Deliverables:  Policy consistency matrix (1 round of review and revision) CEQA DOCUMENTATION Urban Planning Partners will prepare an EIR that includes the CEQA analysis for the Housing Element update as well as updates to the Land Use, Circulation, Open Space and Conservation, and Safety Elements for the General Plan 2040 Update. We will build from the administrative draft that was prepared in 2018. Task 5A. EIR Initiation The following initiation tasks include drafting the project description. attending the EIR scoping meeting, and reviewing comments received on the EIR scope. 1. Project Description Crafting an appropriately detailed and illustrated project description is often one of the more challenging elements of an EIR. Urban Planning Partners will prepare a project description that identifies “the bookends” of the range of development that could occur with the Draft Housing Element sites as well as policy updates within the Land Use Circulation, Open Space and Conservation, and Safety Elements. The project description will include a discussion of key characteristics of the sites and their vicinity, project objectives, details of the Draft Housing Element and General Plan 2040 Update as relevant to CEQA, the required approvals, anticipated buildout, and approval for subsequent projects. Urban Planning Partners Contract 30 of 98 87 A draft of the project description will be submitted to the City for review and acceptance prior to the Urban Planning Partners team conducting any quantitative impact analyses. Up to two drafts will be prepared in response to comments received. 2. Notice of Preparation Urban Planning Partners will prepare a Notice of Preparation (NOP) that will include a brief project description and a determination that an EIR is the appropriate CEQA documentation. Up to two drafts will be prepared in response to City comments. An electronic file of the NOP will be provided to the City for posting on the City’s website and for distribution. Urban Planning Partners will submit the NOP to the State Clearinghouse and County Clerk. As part of this task, Urban Planning Partners will also work with City staff to initiate tribal consultations that apply under SB 18 and AB 52. We will develop a notice with a map and project description for the City to distribute to applicable tribes. 3. Scoping Meeting Per the RFP, we understand the City will coordinate a Scoping Session. However, our scope and fee assumes Urban Planning Partners will attend one public scoping session before the Planning Commission and be available for questions. After the meeting, Urban Planning Partners will summarize and review all public comments and identify any changes required in the work program. We will ensure that each substantive comment received, including written and verbal, related to the scope of the EIR is addressed in the EIR. 4. Review of NOP Comments/Work Program Refinement It may be necessary to refine the scope of work in accordance with information compiled in the above subtasks and based on the preliminary findings. Following completion of the public comment period and receipt and review of all of the comments on the NOP, Urban Planning Partners will work with planning staff to refine the scope of work, if necessary, to address any new environmental issues identified in the NOP comments. Urban Planning Partners will present the revised scope of work and budget for review and approval to the City and will provide the revised budget to the development team. Task 5B. Draft EIR As part of this task, the Urban Planning Partners team will prepare the analysis necessary to support an EIR for each environmental topic relevant to the project in accordance with the City’s thresholds. The following topics will be analyzed as potentially significant impacts: land use and planning, aesthetic resources, cultural resources, transportation, air quality and greenhouse gas emissions, hazards and hazardous materials, hydrology and water quality, biological resources, geology and soils, noise, population and housing, public services, and utilities. We understand the majority of topic areas have draft EIR sections that were completed in 2018 (with the exception of air quality, transportation, energy, and wildfire). As such, we have adjusted our scope and fee to reflect less effort for these topics. However, we have allocated hours for word processing to ensure the draft EIR has a consistent format. All other Urban Planning Partners Contract 31 of 98 88 topics are anticipated to be addressed as effects found to be less than significant (see below). An alternatives analysis will also be completed as part of the Draft EIR. 5. Effects Found to be Less Than Significant Urban Planning Partners anticipates that the Housing Element impact relative to a number of environmental topics will not be significant including: agriculture and forestry resources, mineral resources, recreation, and tribal cultural resources. We will provide a brief discussion of each of these topics and document why the project’s impact will not be significant. We anticipate the level of analysis and discussion for these topics will be similar to what is typically be included in an Initial Study. 6. Plans and Policies Urban Planning Partners will evaluate the goals, policies, and programs in the Draft Housing Element and General Plan 2040 Update for consistency with applicable planning policy documents and will identify potential conflicts. Policy conflicts are not, in and of themselves, considered to have a significant effect on the environment, and are therefore differentiated from the physical environmental impacts that will be identified in the setting, impacts, and mitigation measures chapter of the EIR. The physical impacts associated with such policy conflicts will be addressed in the appropriate technical sections of the EIR (e.g., air quality, noise). The analysis will include a summary of each relevant plan and policy as it relates to the proposed project. Policies that are applicable to the environmental topics evaluated in the EIR will be cross-referenced as part of the main EIR document. 7. Setting, Impacts, and Mitigation Measures The work conducted as part of this task will be incorporated into the administrative Draft EIR and will constitute the major portion of the Draft EIR. The impact analysis for each environmental topic will provide an analysis of impacts that could result from implementation of the Draft Housing Element and General Plan 2040 Update based on the level of detail available. Construction, operation, and cumulative impacts will be evaluated for each topic using the significance criteria agreed upon with the City. Each environmental topic section will include: (1) a description of the existing setting including regulatory setting and applicable standard conditions of approval (if any); (2) draft goals, policies, and programs from the Draft Housing Element and General Plan 2040 Update relevant to the subject section (e.g., transportation, air quality); (3) significance criteria based on the thresholds established by the City or based on additional information available from State and regional agencies and other recent City EIRs; (4) evaluation of impacts that could result from implementation of Draft Housing Element and General Plan 2040 Update; and (5) mitigation measures necessary to reduce potentially significant impacts. This scope does not include the preparation of separate technical reports; all information and findings will be detailed in the EIR and as appropriate technical data in appendices to the EIR. Urban Planning Partners Contract 32 of 98 89 8. CEQA Required Assessment Conclusions Urban Planning Partners will prepare the appropriate conclusions to fulfill CEQA requirements by providing an assessment of several mandatory impact categories, including:  Significant unavoidable environmental impacts;  Significant irreversible environmental changes; and  Relationship between local short-term uses of the environment and long-term productivity. Urban Planning Partners will recommend which topics will be less than significant and will provide a brief discussion of each of these topics and document why the project’s impact will not be significant. We anticipate the level of analysis and discussion for these topics will be similar to what would typically be included in an Initial Study. 9. Alternatives Analysis The Urban Planning Partners team will identify and evaluate up to three alternatives to the project, one of which will be the CEQA-required No Project Alternative. The alternatives will be developed in consultation with City staff. The alternatives will be based in part on the significant impacts of the project that are identified during the technical analysis phase of the Draft EIR process. According to the CEQA Guidelines, alternatives can be evaluated in less detail than the project, and therefore we would propose that the alternatives analysis in the EIR be undertaken at a qualitative level. The discussion will be of sufficient detail to evaluate the benefits and drawbacks of each alternative and to provide some qualitative conclusions regarding the alternatives. Based on this analysis, the Environmentally Superior Alternative will be identified (as required by CEQA). 10. Administrative Draft EIR The information developed in the above tasks will be organized into an administrative Draft EIR. The EIR is expected to include the following components:  Introduction  Summary  Project Description  Setting, Impacts, and Mitigation Measures  Effects Found not to be Significant or Less than Significant  Alternatives Analysis  CEQA-Required Assessments and Conclusions  Report Preparation and References  Technical Appendices (as needed) Urban Planning Partners will review recent environmental documents (complete and/or in process) to make certain that approaches, assumptions, methodologies, and impact conclusions for the project are consistent with other environmental documents. Where appropriate, Urban Planning Partners will coordinate and discuss such with subconsultants working on the project. Urban Planning Partners Contract 33 of 98 90 Urban Planning Partners will prepare one (1) electronic copy of the administrative Draft EIR and submit to the City for review and comment. We will accommodate on-going dialogue with the City between completion of the administrative Draft EIR and the screencheck Draft EIR. 11. Screencheck Draft EIR Upon receipt of the City comments on the administrative draft, Urban Planning Partners will prepare a screencheck draft. A redline version of the draft will be provided, showing the explicit changes made. Urban Planning Partners will provide one (1) electronic copy of the screencheck draft for review and comment. 12. Public Draft EIR Urban Planning Partners will make any necessary revisions to the screencheck draft and prepare the Draft EIR for publication. We will provide one (1) electronic copy to the City for distribution. Urban Planning Partners will also prepare and submit the Notice of Availability and Notice of Completion and assist the City with noticing and distribution. Urban Planning Partners will maintain all materials referenced in the environmental document and promptly provide such materials to the City upon request. 13. Draft EIR Hearing Urban Planning Partners will attend up to one (1) public hearing on the Draft EIR; the purpose of the hearing is to provide the Planning Commission and the public an opportunity to comment on the Draft EIR. Urban Planning Partners will be available to answer questions. Task 5C. FINAL EIR/RESPONSE TO COMMENTS DOCUMENT 1. Administrative Draft RTC Urban Planning Partners will prepare the Response to Comments (RTC) document on the project following the public review period. Immediately following the completion of the 45-day public review period, Urban Planning Partners will meet with City staff to discuss any comments received during the public review period and the approach to take in responding to the comments. Urban Planning Partners will incorporate public and/or agency comments received on the Draft EIR and the responses to these comments (as appropriate) into one final document for publication and distribution. One (1) electronic copy will be provided to the City for review and comment. Our cost estimate includes the level of professional effort assumed for this task. Should an unexpectedly large volume of comments be submitted, an adjustment in the budget to cover work beyond the assumed level would be needed. Urban Planning Partners Contract 34 of 98 91 2. Screencheck Draft RTC Document Upon receipt of the City comments on the final administrative draft, Urban Planning Partners will consolidate and reconcile comments and prepare a screencheck draft. A redline version of the draft will be provided, showing the explicit changes made. Urban Planning Partners will provide one (1) electronic copy of the screencheck draft for review and comment. 3. Final RTC Document Urban Planning Partners will make any necessary revisions to the screencheck draft and prepare the Final RTC document for publication. We will provide one (1) electronic copy, including all appendices to the City for distribution. Urban Planning Partners will attend up to two (2) public hearings for certification of the EIR, which is assumed to be the same two public hearings for the Final Draft Housing Element as described under Task 3H, Final Draft, Final Adoption and Certification. Task 5D. Mitigation Monitoring and Reporting Program and Findings Urban Planning Partners will prepare a Mitigation Monitoring and Reporting Program (MMRP) for this project and will identify responsibility for implementing and monitoring each mitigation measure, along with monitoring triggers and reporting frequency. The MMRP will be submitted to City staff for review with the administrative Draft Final EIR and revised based upon City comments. Urban Planning Partners will prepare the CEQA findings, and if necessary, a Statement of Overriding Considerations. Task 5E. Administrative Record Urban Planning Partners will compile and organize the EIR portion of the Administrative Record. The record will include all referenced technical reports and would be transmitted to the City in a format consistent with the City’s standard for Administrative Records. The record will be kept current and would be provided to the City at key milestones. Task 5 Deliverables:  Notice of Preparation  Administrative Draft EIR  Screencheck Draft EIR  Public Review Draft EIR  Administrative Draft RTC Document  Screencheck Draft RTC Document  Final EIR/RTC Document  MMRP and CEQA Findings  Administrative Record Urban Planning Partners Contract 35 of 98 92 4. T IMELINE The estimated timeline for completing the Housing Element update for the City of Saratoga based on the scope of work detailed in Section 3 is shown in Table 1. TABLE 1 PROPOSED TIMELINE Urban Planning Partners Contract 36 of 98 93 6. E STI MATED F EE Urban Planning Partners is proposing to prepare the Housing Element update for the City of Saratoga. Our estimated fee for completion of the scope of work set forth in this proposal is $438,164. We recommend adding a 10% contingency fee which would bring the total to $481,981. A detailed breakdown of the estimated fee is provided in Table 2. We will undertake the work on a time- and-materials basis, with an estimated not-to-exceed amount without prior authorization. Please note the fee for the water supply assessment is a conservative estimate given the complexities we have encountered in the past working with a private water supplier. Given this a time-and-materials budget, we will only utilize hours that are needed. Urban Planning Partners Contract 37 of 98 94 Table 2Preliminary Fee EstimateCurtis Banks, Project DirectorCarla Violet, Project ManagerLeslie Carmichael, Technical AdvisorLynette Dias, Project AdvisorPlanner/ Word ProcessingBruce Abelli-Amen,PrincipalPatrick Sutton Environmental Engineer IIICem Atabek Environmental Engineer IIIIvy Tao Environmental Engineer IILisa Luo Environmental Engineer IIGary Black, PresidentOllie Zhou, Principal AssociateHuy Tran, AssociateKatie Riutta, EngineerJennifer Hunter, Admin/GraphicsJohn Leys PrincipleBrian BalleriniSenior Project ManagerCraig BomanProject EngineerAlex CabreraDesign Engineer IIMolly Valasik, Program Director & QA/QCEric Scott, Principal Investigator for Paleontology IIIKim Scott, Principal Investigator for Paleontology IIJohn Gust, Principal Investigator for Archaeology IShannon Lopez, Architectural HistorianHolly Duke, Sandy Duarte & Kelly Vreeland, Supervisor IILogan Freeberg, GIS SpecialistDebbie Webster, Technical EditorHourly Rate:$225 $195 $205 $290 $125$225 $180 $180 $170 $170$290 $250 $195 $155 $110$245 $210 $190 $165$132 $120 $105 $95 $78 $86 $80 $86Task 1. Project Management and CoordinationTeam Meetings 20 40 4 4 8 15,280$ - - - - - -$ 13 5 - - - 5,020$ - - - - -$ 1 - - 1 - - - - 227$ 20,527$ General Project Management15 80 - - 20 21,475$ - - - - - -$ - - - - - -$ - - - - -$ 1 - - 4 - - - - 512$ 21,987$ 35 120 4 4 28 36,755$ - - - - - -$ 13 5 - - - 5,020$ - - - - -$ 2 - - 5 - - - - 739.00$ 42,514$ Task 2. Community Outreach and EngagementCommunity Engagement Attendance (3 meetings)10 10 - - - 4,200$ - - - - - -$ - - - - - -$ - - - - -$ - - - - - - - - -$ 4,200$ 10 10 - - - 4,200$ - - - - - -$ - - - - - -$ - - - - -$ - - - - - - - - -$ 4,200$ Task 3. Housing Element Update3A. Housing and Special Housing Needs1 Review and Formatting ABAG Materials4 10 - - 2 3,100$ - - - - - -$ - - - - - -$ - - - - -$ - - - - - - - - -$ 3,100$ 3B. Housing Constraints1 Governmental and Non-Governmental Constraints4 6 2 1 8 3,770$ - - - - - -$ - - - - - -$ 8 15 75 110 37,510$ - - - - - - - - -$ 41,280$ 3C. Existing Housing Element1 Evaluation of 2015-2023 Housing Element2 2 2 - 6 2,000$ - - - - - -$ - - - - - -$ - - - - -$ - - - - - - - - -$ 2,000$ 3D. Sites Inventory1 Admin Draft Sites Inventory Scenarios40 75 4 2 40 30,025$ - - - - - -$ - - - - - -$ - - - - -$ - - - - - - - - -$ 30,025$ 2 Public Review Draft Sites Inventory Scenarios10 20 - 10 7,400$ - - - - - -$ - - - - - -$ - - - - -$ - - - - - - - - -$ 7,400$ 3E. Goals, Policies, Programs, and Quantified Objectives1Goals, Policies, Programs, and Quantified Objectives8 18 2 - 20 8,220$ - - - - - -$ - - - - - -$ - - - - -$ - - - - - - - - -$ 8,220$ 2Consistency Matrix2 8 2 - 16 4,420$ - - - - - -$ - - - - - -$ - - - - -$ - - - - - - - - -$ 4,420$ 3VTA TDM Model Usage- - - - - -$ - - - - - -$ - 8 - 2 - 2,310$ - - - - -$ - - - - - - - - -$ 2,310$ 4With-Project Land Use and Roadway Network- - - - - -$ - - - - - -$ - 2 8 - - 2,060$ - - - - -$ - - - - - - - - -$ 2,060$ 3F. Rezoning1 Rezoning Scope and Fee Refinements1 4 1 - 1,295$ - - - - - -$ - - - -$ - - - - -$ - - - - - - - - -$ 1,295$ 2Rezoning 10 50 5 2 24 16,605$ - - - - - -$ - - - -$ - - - - -$ - - - - - - - - -$ 16,605$ 3VMT Analysis- - - - - -$ - - - - - -$ 4 16 - 8 6,400$ - - - - -$ - - - - - - - - -$ 6,400$ 4 Bicycle, Pedestrian, and Transit Facilities- - - - - -$ - - - - - -$ 4 8 3,160$ - - - - -$ - - - - - - - - -$ 3,160$ 5 Potential Mitigation Strategies- - - - - -$ - - - - - -$ 4 8 - 8 4,400$ - - - - -$ - - - - - - - - -$ 4,400$ 3G. Draft Housing Element 1 Admin Draft Housing Element10 20 4 2 14 9,300$ - - - - - -$ - - - -$ - - - - -$ - - - - - - - - -$ 9,300$ 2 Public Review Draft Housing Element5 10 2 2 4 4,565$ - - - - - -$ - - - -$ - - - - -$ - - - - - - - - -$ 4,565$ 3 Planning Commission Hearing 4 8 - - 16 4,460$ - - 4 4 4 2,080$ - - - -$ - - - - -$ - - - - - - - - -$ 6,540$ 4 City Council Hearing4 8 - - 2 2,710$ - - - - - -$ - - - -$ - - - - -$ - - - - - - - - -$ 2,710$ 5 HCD Review Draft Housing Element4 4 - - - 1,680$ - - - - - -$ - - - -$ - - - - -$ - - - - - - - - -$ 1,680$ 3H. Final Draft, Final Adoption and Certification1 Final Draft Housing Element8 15 2 2 4 6,215$ - - - - - -$ - - - -$ - - - - -$ - - - - - - - - -$ 6,215$ 2 Planning Commission Hearing4 10 - - 6 3,600$ - - - - - -$ 4 - - 1,160$ - - - - -$ - - - - - - - - -$ 4,760$ 3 City Council Hearing4 8 - - 2 2,710$ - - - - - -$ 4 - - 1,160$ - - - - -$ - - - - - - - - -$ 3,870$ 4 Final Housing Element2 8 1 1 - 2,505$ - - - - - -$ - - - -$ - - - - -$ - - - - - - - - -$ 2,505$ 126 284 26 13 174 114,580$ - - 4 4 4 2,080$ 20 42 8 18 - 20,650$ 8 15 75 110 37,510$ - - - - - - - - -$ 174,820$ Task 4. General Plan Update8 12 - - 20 6,640$ - - - - - -$ -$ - - - - -$ - - - - - - - - -$ 6,640$ 8 12 - - 20 6,640$ - - - - - -$ - - - - - -$ - - - - -$ - - - - - - - - -$ 6,640$ Task 5. CEQA DocumentationAEIR Initiation6 18 - 2 20 7,940$ - - - - - -$ - - - - -$ - - - - -$ - - - - - - - - -$ 7,940$ BDraft EIR50 124 - 4 175 58,465$ 14 12 150 64 58 53,050$ 8 28 - 24 8 13,920$ - - - - -$ 5 3 18 24 16 72 34 2 15,522$ 140,957$ CFinal EIR/Response to Comments20 48 - 2 60 21,940$ 2 1 16 6 6 5,550$ 4 4 - 8 - 3,400$ - - - - -$ - - - - - - - - -$ 30,890$ DMMRP and Findings2 8 - - 16 4,010$ - - - - - -$ - - - - - -$ - - - - -$ - - - - - - - - -$ 4,010$ EAdministrative Record2 6 - - 20 4,120$ - - - - - -$ - - - - -$ - - - - -$ - - - - - - - - -$ 4,120$ 80 204 - 8 291 96,475$ 16 13 166 70 64 58,600$ 12 32 - 32 8 17,320$ - - - - - 5 3 18 24 16 72 34 2 15,522$ 187,917$ TOTAL LABOR ESTIMATEhours 259 630 30 25 513 16 13 170 74 68 45 79 8 50 8 8 15 75 110 7 3 18 29 16 72 34 2 $ 58,275 122,850 6,150 7,250 64,125 258,650$ 3,600 2,340 30,600 12,580 11,560 60,680$ 13,050 19,750 1,560 7,750 880 42,990$ 1,960 3,150 14,250 18,150 37,510$ 924$ 360$ 1,890$ 2,755$ 1,248$ 6,192$ 2,720$ 172$ 16,261$ 416,091$ DIRECT COSTS1. Printing and Misc. Direct Costs (assumes bulk of documents will be digital)1,500$ -$ -$ -$ -$ 1,500$ 2. Cultural records search NWIC-$ -$ -$ -$ 1,850$ 1,850$ 3. Certified Mail/ Postage-$ -$ -$ -$ 40$ 40$ 4. Paleontological records search-$ -$ -$ -$ 2,000$ 2,000$ 5. Historic aerials-$ -$ -$ -$ 500$ 500$ 6. Subconsultant Mark-up (10%)16,183$ -$ -$ -$ -$ 16,183$ 17,683$ -$ -$ -$ 4,390$ 22,073$ TOTAL ESTIMATED FEE276,333$ 60,680$ 42,990$ 37,510$ 20,651$ 438,164$ RECOMMENDED CONTINGENCY10% Contingency - May only be used as authorized by client43,816$ TOTAL ESTIMATED FEE WITH CONTINGENCY481,981$ Note - This budget assumes all hearings and public outreach are virtual meetings. UP Partners TotalTASK 1 SUBTOTALTASK 2 SUBTOTALUrban Planning PartnersTOTAL MISCELLANEOUS COSTSTASK 3 SUBTOTALTASK 5 SUBTOTALTASK 4 SUBTOTALBaseline Environmental ConsultingBaseline TotalCogstone Resource Management, Inc. (Cogstone)Cogstone Total Team TotalHexagon Transportation Consultants, Inc.Sherwood Design EngineersSherwood TotalHexagon Totalhttps://urbanplanningpartners.sharepoint.com/sites/FS/Shared Documents/Marketing/00 - Proposals - SOQs/2021/21-523 SRHE/Proposal/Budget/SRHE_Budget.xlsxUrban Planning Partners Contract 38 of 9895 A PPENDIX RESUMES FOR KEY STAFF Urban Planning Partners, Inc. Baseline Environmental Consulting Hexagon Transportation Consultants, Inc. Sherwood Design Engineers Cogstone Resource Management , Inc. Urban Planning Partners Contract 39 of 98 96 URBANPLANNINGPARTNERSINC. URBANPLANNINGPARTNERSINC. URBANPLANNINGPARTNERSINC. URBANPLANNINGPARTNERSINC. CURTIS BANKS, AICP P r i n c i P a l P l a n n e r EXPERIENCE Curtis has over 27 years of experience with expertise in planning and community development, including planning, building, affordable housing, and code enforcement. He has served as a Community Development Director and has worked in a variety of capacities. Curtis has experience interacting closely with elected officials, senior management, commissioners, city departments, state and local agencies, and members of the public. He is skilled at leading staff, preparing budgets, and managing complex planning projects. He has managed comprehensive General Plan updates, Downtown Development Plan updates, Neighborhood Plans, and the preparation of ordinances. Curtis has worked on a wide variety of residential and nonresidential projects, included mixed-use projects, and has overseen the management of affordable housing programs. Curtis is currently serving as the project manager for the redevelopment of a 20-acre industrial site for the City of Redwood City. PROJECT EXPERIENCE HIGHLIGHTS • Harbor View Redevelopment Project, Contract Planning, Redwood City, CA • Roselli Park Expansion IS/MND, Contract Planning, Redwood City, CA • Affordable Housing Program Management, Foster City, CA • Land Use/Circulation, Housing, and Recreation Elements of the General Plan, Foster City, CA • Foster Square Mixed Use Senior Development, Foster City, CA • Pilgrim Triton Master Plan, Foster City, CA • Levee Protection Planning and Improvements Project, Foster City, CA • Gilead Sciences Master Plan, Foster City, CA • Lincoln Centre Life Sciences Research Campus Project, Foster City, CA CAREER City of Foster City Community Development Director/Planning Manager/Senior Planner City of Los Gatos Planning Consultant City of Los Altos Senior Planner City of Mountain View Senior Planner City of Morgan Hill Senior Planner City of Menlo Park Associate Planner City of Campbell Planner II/I/Intern EDUCATION Master of Urban & Regional Planning, San Jose State University Bachelor of Arts, Public Administration/Political Science, Hayward State University Urban Planning Partners Contract 40 of 98 97 EXPERIENCE Carla has 10 years of experience in land use planning and environmental review consulting services. She has managed specific plan and station area plan processes for public agencies as well as the entitlements process for private developers and cities. She has also served as a contract planner for El Cerrito, Union City, Foster City, Berkeley, and Novato. Carla is currently Union City’s contract planner managing the Station East Residential and Mixed-Use project near Union City BART Station which proposes the development of up to approximately 1.8 million square feet, 974 new residential units, and 30,800 square feet of commercial space. She recently served as Deputy Project Manager for the Irvington BART Station Site Plan and Area Plan for the City of Fremont and BART, which involved a flexible and responsive project management approach and an extensive community outreach process. Carla also managed the strategy and entitlements process for the Eastline Project at 2100 Telegraph Avenue for Lane Partners, including the Exclusive Negotiating Agreement with the City for the development team to purchase a city-owned parking garage. Carla’s long-range planning experience also includes a Specific Plan for the redevelopment of the Alameda Point Main Street Neighborhood that provides the planning framework and regulations to allow existing supportive housing organizations to build replacement housing for their current facilities, and the Specific Plan for the buildout and modernization of Recology’s facilities in Brisbane. PROJECT EXPERIENCE HIGHLIGHTS • California College of the Arts Oakland Campus Redevelopment Project EIR, Oakland, CA • Station East Residential and Mixed-Use Project Contract Planning, Union City, CA • Irvington BART Station Site Plan, Station Area Plan, Community Engagement, and CEQA Review, City of Fremont and BART • Lincoln Centre Life Sciences Research Campus Contract Planning and EIR, Foster City, CA • Eastline Project at 2100 Telegraph Avenue Entitlements and EIR, Oakland, CA • Alameda Point Main Street Neighborhood Specific Plan, Alameda, CA • Levee Protection Planning and Improvements Project EIR, Foster City, CA • Recology Modernization and Expansion Specific Plan, Brisbane, CA CAREER Houseal Lavigne Associates Associate Intern Texas Low Income Housing Information Services Policy Analyst Intern Self-Help Federal Credit Union Executive Intern Energy Solutions Contracts Manager EDUCATION Master of Science, Community and Regional Planning, University of Texas at Austin Bachelor of Arts, Sociology, University of California, Davis CARLA VIOLET S e n i o r P l a n n e r a n d P l a n n i n g M a n a g e r Urban Planning Partners Contract 41 of 98 98 URBANPLANNINGPARTNERSINC. URBANPLANNINGPARTNERSINC. URBANPLANNINGPARTNERSINC. URBANPLANNINGPARTNERSINC. LESLIE CARMICHAEL AICP P r i n c i P a l P l a n n e r EXPERIENCE Leslie has extensive experience coordinating review of complex development projects from the beginning of the planning and environmental review process through construction. Leslie has managed public review processes to ensure that the interests of reviewing agencies and departments, as well as the public, are addressed. Her experience includes review of complex projects, preparation of environmental documents, general plan elements, agenda management, public counter supervision, redevelopment agency administration, affordable housing strategies and management, zoning code updates, architectural guidelines, and much more. Leslie has an extensive background in planning and redevelopment, including more than 30 years in the public sector. Among her public sector experiences, Leslie managed preparation of Foster City’s Housing Element updates in 2001, 2010, and 2015 including assessment of needs, public outreach, site analysis, and development of policies and implementation measures. Leslie prepared municipal code amendments to implement various aspects of the Foster City Housing Element, including reasonable accommodation, tenant anti-discrimination based on source of income, emergency shelters, and density bonus. CONTRACT PLANNING EXPERIENCE HIGHLIGHTS • Affordable Housing Program Management, Foster City, CA • Housing Element Updates (2001, 2010, and 2015), Foster City, CA • General Plan Update: Local Hazard Mitigation Plan/Safety, Land Use/Circulation Elements, Foster City, CA • Pilgrim Triton Master Plan and Review of Subsequent Development Phases and Projects (730 units and 296,000 SF of commercial), Foster City, CA • One Hundred Grand Apartments and Retail (166 units), Foster City, CA • Waverly Cove Townhouses (20 units), Foster City, CA • Marlin Cove Redevelopment Project Apartments and Retail (280 units), Foster City, CA • Miramar Apartments Redevelopment Project (159 units), Foster City, CA • Management of Planning Division, including public counter, agenda preparation and development review, Foster City, CA CAREER Urban Planning Partners Principal Planner Metropolitan Planning Group City Planner City of Foster City Senior Planner/Planning Manager Denise Duffy Associates City Planner City of Novato Planner/Zoning Administrator EDUCATION Master of Urban & Regional Planner, San Jose State University Bachelor of Arts, Environmental Planning, University of California, Santa Cruz Urban Planning Partners Contract 42 of 98 99 URBANPLANNINGPARTNERSINC. URBANPLANNINGPARTNERSINC. URBANPLANNINGPARTNERSINC. URBANPLANNINGPARTNERSINC. LYNETTE DIAS P r e s i d e n t / P r i n c i P a l EXPERIENCE Lynette has over 25 years of planning experience working for both public agencies and private landowners and developers. Much of her work focuses on planning policy, community engagement, project entitlement strategy, and environmental review. Lynette has significant experience in developing and implementing entitlement strategies for many high-profile and complex urban projects, including many TOD and downtown projects, as well several significant redevelopment and public/private partnership projects. Preparing planning policy and assisting municipal governments in developing land and development regulations, managing projects, negotiating development agreements, and updating general plans, specific plans, and zoning codes are also strong practice areas for Lynette. Lynette’s experience is uniquely balanced between project-specific implementation and longer-range policy planning. She is recognized by colleagues and clients for her strengths in working on complex projects, effectively presenting project information to a diverse audience, and identifying and solving project challenges related to implementation of and consistency with relevant planning policy and the associated entitlement process. As Co-Chair of Urban Land Institute’s (ULI) Policy and Practice Committee, Lynette is leading several significant initiatives to identify and implement innovative solutions to the many challenges faced by the Bay Area region. One of these initiatives includes the development and piloting of an urban development training for public officials that ULI now offers across the US. SELECT PLANNING POLICY PROJECTS • Oakland Accessory Dwelling Initiative for the City of Oakland and MTC, Oakland, CA • Innovative Construction Study for the City of Oakland and MTC, Oakland, CA • Irvington BART Station Area Plan and Community Outreach for the City of Fremont and BART • Truckee Mill Site/Railyard Master Plan and Community Outreach for the Town of Truckee and Holliday Development • Fort Bragg G-P Mill Site Specific Plan and Community Outreach for Georgia Pacific, LLC ENTITLEMENTS AND CONTRACT PLANNING OUTREACH EXPERIENCE • 2100 Telegraph Avenue Entitlements Assistance for Lane Partners, Oakland • MacArthur BART Transit Village PUD Contract Planning for the City of Oakland • 500 Kirkham Street Entitlements Assistance for Panoramic Interests, Oakland • Phoenix Supportive Housing Entitlements Assistance for Holliday Development, Oakland • BART to Livermore Extension Project Assistance with Community Outreach for BART CAREER RRM Design Group Principal LSA Associates, Inc. Principal/Associate City of Saratoga Planner City of Campbell Planner RRM Design Group Planner EDUCATION Bachelor of Science, City and Regional Planning, California Polytechnic State UniversityUrban Planning Partners Contract 43 of 98 100 Areas of Expertise Project management, CEQA, hydrology and water quality, geology, hazardous materials management Education M.S., Environmental Systems, Applied Geology, Humboldt State University, 1988 B.A., Geological Sciences, University of California, Santa Barbara Registrations/Certifications Certified Hydrogeologist No. 96, 1995 Professional Geologist No. 5593, 1993 Years of Experience 31 Years Bruce Abelli-Amen, owner and Principal of Baseline, is a Certified Hydrogeologist, Professional Geologist, and a CEQA project manager. He also manages hazardous materials investigations. He has experience in all phases of CEQA and NEPA projects, including a wide range of project types from small focused projects to managing large multi-disciplinary teams of specialists in the preparation of Expanded Initial Studies, Mitigated Negative Declarations, and Environmental Impact Reports and Statements. He has managed CEQA projects for landfill decommissioning, new wastewater treatment plants, mining projects, resource management plans, mixed-use developments, and major water and sewer conveyance infrastructure projects (including tunnels and pipelines). Bruce has managed numerous on-call environmental services contracts for municipal agencies, including SF Public Works, SF Public Utilities Commission (SFPUC), Port of Oakland, Port of SF, Yolo County, City of Milpitas, Town of Windsor, and others. He also has experience with construction management, mitigation monitoring, and permitting, which provides useful insights into the development of feasible and practical bid specifications and mitigation measures for identified significant CEQA impacts. He has extensive experience managing hazardous materials investigations and has designed and implemented groundwater aquifer tests and remediation systems for the cleanup of contaminated shallow groundwater aquifers. He has managed numerous underground storage tank (UST) investigations and is familiar with local, state, and federal regulatory requirements for such investigations. He has supervised soil excavation, large scale bioremediation projects, and backfill operations. Project Experience Various On-Call Environmental Consulting Contracts, Contract and Project Manager for on-call contracts with City of Berkeley, San Francisco Public utilities Commission, SF Public Works, City of Milpitas and Sonoma County Water Agency. SFPUC Channel Tunnel EIR, Project Manager for preparation of comprehensive CEQA documents (detailed initial Study and focused EIR). KC BBQ Meat Smoker Emission Evaluation, Project Manager in assisting City of Berkeley Attorney’s Office in evaluation of air quality impacts associated with wood smoke emissions. Foster City Levee Improvement Project EIR, Technical Project Manager for preparation of EIR. Prepared and/or provided review for technical sections including hydrology, geology, hazardous materials, noise, air quality, GHG, and alternatives. City Place EIR, Santa Clara, Project Manager for Geology, Groundwater Hydrology and Water Quality, and Hazardous Materials sections. Apple Campus EIR, Cupertino, Project Manager for Geology, Hazards, and Hydrology EIR sections. Urban Planning Partners Contract 44 of 98 101 Areas of Expertise Air Quality, GHGs, Hazardous Materials, Geology, and Hydrology Education M.S., Civil and Environmental Engineering, University of California – Davis B.S., Environmental Science, Dickinson College Registration Professional Engineer No. 13609 (RI) Years of Experience 17 Years Patrick Sutton is an environmental engineer who specializes in the assessment of hazardous materials released into the environment. Mr. Sutton prepares technical reports in support of environmental review, such as Phase I/II Environmental Site Investigations, Air Quality Reports, Greenhouse Gas (GHG) Reduction Plans, and Health Risk Assessments. He has prepared numerous CEQA/NEPA evaluations for air quality, GHGs, geology, hazardous materials, and water quality related to residential, commercial, and industrial projects, as well as large infrastructure developments. His proficiency in a wide range of modeling software (AERMOD, CalEEMod, RCEM, CT-EMFAC) as well as relational databases, GIS, and graphics design allows him to thoroughly and efficiently assess and mitigate environmental concerns. For mixed-use development projects, Mr. Sutton has prepared health risk assessments for sensitive receptors exposed to toxic air contaminants based on air dispersion modeling. He has also prepared GHG Reduction Plans to demonstrate how projects can comply with State and/or local GHG reduction goals. For large highway infrastructure improvement projects, Mr. Sutton has prepared air quality and hazardous materials technical reports in accordance with Caltrans requirements. Air quality assessments include the evaluation of criteria air pollutants, mobile source air toxics, and GHG emissions to support environmental review of the project under CEQA/NEPA and to determine conformity with the State Implementation Plan. Hazardous materials investigations include sampling and statistically analysis of aerially-deposited lead adjacent to highway corridors. Project Experience Oakland Downtown Specific Plan EIR. Prepared a program- and project-level Air Quality and GHG Emissions analysis. Developed a mitigation measure with performance standards to ensure GHG emissions from future projects comply with the Citywide 2030 GHG reduction target. I-680 Express Lanes from SR 84 to Alcosta Boulevard Project. Prepared Initial Site Assessment and Preliminary Site Investigation to evaluate contaminants of potential concern in soil and groundwater. Prepared Air Quality Report to determine the project’s conformity to federal air quality regulations and to support environmental review of the project under CEQA and NEPA. Altamont Corridor Expressway (ACE/Forward) Project EIR/EIS. Prepared a program- and project-level Hazardous Materials analysis for over 120 miles of railroad corridor from San Jose to Merced. Hazardous materials concerns, such as release sites, petroleum pipelines, agricultural pesticides, and nearby school sites were evaluated in GIS. Stonegate Residential Subdivision EIR. Prepared a project-level Hydrology and Water Quality analysis for a residential development located within the 100-year floodplain. The proposed project included modifications to existing levees and flood channels. BART Silicon Valley Extension Project. Prepared Initial Site Assessment and Hazardous Materials EIS/EIR section for extending 6 miles of proposed BART service through the Cities of San Jose and Santa Clara. Urban Planning Partners Contract 45 of 98 102 Cem Atabek  Environmental Engineer III    Cem Atabek is an environmental engineer who specializes in hazardous  materials management, site characterization, development and  implementation of remedial actions, and soil vapor intrusion mitigation  for city, county, port, commercial/industrial, and school district clients. He has extensive experience in preparation of technical content for CEQA  documents including Initial Studies/Mitigated Negative Declarations  (IS/MNDs), and Environmental Impact Reports (EIRs).  He has worked on  CEQA documents for school districts, utility districts, remediation  projects, transportation/rail projects, dredging projects, levee projects,  landfills, biomedical facilities/campuses, residential and mixed‐use  developments. His CEQA work has been heavily focused on the topics of  hazards and hazardous materials, geology and soils, and hydrology and  water quality.  He has conducted investigations and remediation activities on  contaminated properties and leaking underground storage tank sites,  including media contaminated with petroleum hydrocarbons, solvents,  metals, and manufactured gas plant wastes. He has designed and  provided oversight for the installation of remedial surface caps to  prevent exposure to impacted soils, and soil vapor intrusion mitigation  systems. Through his work, he has developed a thorough understanding  of regulatory requirements and established working relationships with  regulatory agency staff on the state and local levels. His technical  background and experience provide useful insights into the development  of feasible and practical mitigation measures for identified significant  CEQA impacts.  Areas of Expertise Hazardous Materials, Geology, and  Hydrology and Water Quality  Education B.S., Environmental Engineering,  University of California, Berkeley  Registrations/Certifications 40‐hour OSHA training  Years of Experience 14 Years  Project Experience Former General Electric Oakland Facility Redevelopment, EIR, 2019‐2020. Prepared technical sections for hazardous materials,  geology, and hydrology for the remediation and redevelopment of a former GE manufacturing facility which was heavily  contaminated with volatile organic compounds and polychlorinated biphenyls. Coordinated with regulatory agencies to ensure  the adequacy of proposed remedial actions and developed a mitigation measure to ensure that construction activities would  not result in the release of hazardous materials into the environment.   Biomarin and Whistlestop/Eden Housing Project, EIR, San Rafael, 2019. Prepared the hazardous materials technical section for  the remediation and redevelopment of a former manufactured gas plant site into a biomedical facility and senior housing.  Former Potrero Power Plant, Remediation Projects, IS/MNDs, 2015‐2018. Deputy project manager and prepared technical  sections for hazardous materials, geology, and hydrology for two IS/MNDs that reviewed two separate remedial actions, one  addressing contaminated soils in the upland area and the other address nearshore sediments.  Making Waves Academy, Charter School Campus, IS and EIR, Pittsburg, 2018. Prepared technical sections for hazardous  materials, geology, and hydrology for the remediation and redevelopment of a former asbestos‐containing materials  manufacturing facility and former bulk fuel storage facility into a charter school campus and sports facility. The proposed  project included construction within a flood zone and required soil stabilization near the shoreline to address potential  liquefaction hazards. Developed mitigation measures to ensure that the project would not result in the release of hazardous  materials into the environment, exacerbate flooding conditions, or impact water quality.   Altamont Corridor Express (ACEforward and ACEextension) Railroad Improvements and Expansion, EIRs, 2015‐2018. Prepared  the hydrology technical section for two commuter rail expansion projects involving rehabilitation of existing tracks and  construction of new tracks, bridges, trains stations, and intermodal connections. Many segments of the project alignment  crossed levees and flood zones and sea level rise was a major concern due to tracks crossing through wetlands of San Francisco  Bay. Developed mitigation measures to ensure that the project would not exacerbate flooding conditions, impact water quality,  or deplete groundwater resources due to tunnel dewatering.  Urban Planning Partners Contract 46 of 98 103 Areas of Expertise Education Ph.D./M.S., Civil and Environmental Engineering, University of California, Berkeley B.S., Physics, Bryn Mawr College Registrations/Certifications 40-hour OSHA training Years of Experience 7 years Ivy Tao joined the Baseline team in 2016, after completing her Ph.D. in Environmental Engineering at the University of California, Berkeley, with two minors in Environmental Health and Environmental Law. Her doctoral research was on quantifying the air quality impacts from implementation of clean transportation regulations in major California air basins and metropolitan areas. Since joining Baseline, Ivy has gained experiences in the following CEQA topics: air quality, greenhouse gas, noise, energy, geology and hazard sections. She is familiar with the state and local regulations and guidelines that are applicable to CEQA review, such as the air districts’ thresholds of significance and California’s Building Energy Efficiency Standards. Ivy has recently worked on CEQA studies and health risks assessments for a variety of developments in both rural and urban settings, including warehouses, shopping centers, infill residential and commercial projects, infrastructure improvements, and school improvements. Ivy is experienced in applying air pollution models such as CalEEMod and AERMOD. Her technical analysis for CEQA purposes is written with a quantitative and legally defensible approach that incorporates project-specific features. For any identified significant impact, she has the expertise to communicate effectively with the project applicant and responsible agencies, and to develop effective mitigation measures. Beyond CEQA analysis, Ivy has also worked on air pollutants emissions inventory development at regional levels. Ivy’s expertise in statistical analysis in R and geospatial analysis in QGIS enables her to provide emissions inventories at higher spatial and temporal resolutions. Project Experience 1000 Gibraltar Drive Warehouse Project, Milpitas, Air Quality and Greenhouse Gas. Improving methods for estimating emissions from residential wood combustion for San Francisco Bay Area. 815 County Road Residential Development, Belmont, Air Quality Health Risk Assessment. Central Bayside System Improvement Project in San Francisco, Air Quality Technical Report. 2201 Valley Street Office and Retail Project in Oakland, CEQA Air Quality and Greenhouse Gas sections; Greenhouse Gas Reduction Plan. Claremont Hotel EIR in Oakland, Noise and Vibration. Urban Planning Partners Contract 47 of 98 104 Areas of Expertise Noise and vibration impact assessment, collection of noise field data, noise modeling and mapping, noise reduction mitigation measure development and effectiveness evaluation Education M.S., Civil and Environmental Engineering, University of California – Davis B.S., Environmental Science, Fudan University, Shanghai, China Registrations/Certifications Engineer-In-Training, No. 156364 INCE-USA Certification for Noise Control National Highway Institute Certification FHWA-NHI-142063 Years of Experience 6 Years Lisa Luo is an environmental engineer who specializes in the assessment of environmental noise and vibration impacts. Lisa has a broad range of experience preparing noise and vibration technical studies in support of CEQA review, including Initial Studies, Mitigated Negative Declarations, and Environmental Impact Reports. She is familiar with local municipal noise standards and requirements in the Bay Area and has prepared thorough and legally defensible noise analyses. Lisa uses quantitative analysis to evaluate potential noise impacts associated with projects and has the experience to identify effective and feasible mitigation measures as necessary to reduce most possible significant noise impacts. She is experienced in conducting noise field studies and quantifying potential noise increases associated with construction and operation of projects. She is also skilled in noise modeling to provide reliable tabular and graphical results to assist clients in determination of appropriate project design features. Specifically, she is familiar with using the Federal Highway Administration Traffic Noise Model to predict increased project- related noise on nearby roadways. She also routinely uses SoundPLAN noise modeling software to develop noise contour maps, to characterize the propagation of noise in complex environments (with variable topography and screening structures), and to support noise planning processes. In addition to her ability to conduct noise technical analyses, Lisa is specialized in the assessment and mitigation of impacts related to vibration according to California Department of Transportation guidance. Lisa’s project experience related to noise and vibration covers a wide range of projects and acoustic environments, including industrial projects, roads and railways, and urban areas including both commercial and residential uses. She has prepared noise and vibration analyses for proposed residential, mixed-use, and commercial developments, school projects, dredging and levee projects, and a variety of infrastructure projects. Project Experience Downtown Oakland Specific Plan EIR, Technical Lead on noise and hydrology analyses and noise modeling. Eastline Project-2100 Telegraph EIR, Technical Lead on noise analysis. Foster City Levee Protection Planning and Improvements Project EIR, Technical Lead on noise analysis. UPS Facility Expansion Project IS/MND, Technical Lead on noise analysis and noise modeling. North Walnut Creek Specific Plan EIR, Technical Lead on hydrology, hazards and hazardous materials analyses. Marin Country Day School IS/MND, Technical Lead on noise analysis. San Rafael High School Master Facilities Improvement Plan EIR, participation in noise analysis preparation. Central Bayside System Improvement Project EIR, participation in CEQA documents preparation. Urban Planning Partners Contract 48 of 98 105 Gary K. Black, AICP, President Education Master of City Planning in Urban Transportation, University of California at Berkeley Bachelor of Arts in Geography, University of California at Los Angeles Professional Associations American Institute of Certified Planners Institute of Transportation Engineers Experience Since 1982, Mr. Black has directed a number of transportation planning, traffic engineering, parking, and transit studies. He has prepared transportation plans for the Cities of San Jose, Palo Alto, San Mateo, Gilroy, and San Carlos, and areawide plans for reuse of the Bay Meadows racetrack site in San Mateo, Moffett Park in Sunnyvale, and many parts of San Jose (North San Jose, Downtown, Edenvale, and Evergreen). He has prepared traffic studies for new development in most cities within the Bay Area. He also has prepared numerous parking studies, including downtown parking studies for San Carlos, San Mateo, Gilroy, and San Jose. Representative Projects • Areawide Transportation Plans: Circulation Elements for General Plans in San Mateo, Sunnyvale, Cupertino, Gilroy, and Palo Alto. Bay Meadows – Hexagon prepared the transportation plan for redevelopment of the Bay Meadows Race Track in San Mateo into a mixed-use, transit orientated development. Sunnyvale – Hexagon prepared specific plans for the Peery Park, Lawrence Station, Moffett Park, and El Camino Real areas of Sunnyvale. The plans were developed to support increased density of development, more diverse land uses, and buildout of the bicycle and pedestrian networks. The studies included travel demand model forecasts and estimates of vehicle miles traveled. North San Jose – Hexagon developed a revised development policy for North San Jose that included a long-range forecast of traffic conditions and development of a long list of necessary transportation improvements – both roads and transit. The policy resulted in the adoption of an impact fee to fund transportation improvements. Santa Clara – Hexagon has done transportation planning for two specific plan areas. These were developed to support housing development in industrial areas to create a better jobs-housing balance. The studies were completed with travel demand models and calculated the change in vehicle miles traveled. • Campus Studies: Foothill College –The campus is served by one ring road that is accessed through a single intersection. Hexagon staff recommended that the ring road be made one-way. Other recommendations were also made for better signage and lighting around the ring road. City College – Hexagon staff was hired to measure parking demand and to determine the amount of new parking needed. Hexagon staff conducted parking occupancy surveys. Student parking in neighborhoods was estimated by comparing overnight occupancy to occupancy at typical student peak times. Urban Planning Partners Contract 49 of 98 106 Evergreen Valley College - Hexagon was hired to assess the impact of expansion of the campus. One issue was reducing vehicle miles traveled since the campus is located on the edge of the city. • Site Traffic Analyses: For offices, hotels, restaurants, residential subdivisions, apartments, schools, warehouses, industrial complexes, distribution centers, and mixed-use developments in San Jose, Santa Clara, Sunnyvale, Milpitas, Los Gatos, Fremont, Monterey, Palo Alto, Menlo Park, Redwood City, San Carlos, San Mateo, Los Altos, Santa Rosa, Napa, Hayward, Bakersfield, Richmond, Danville, Concord, and Cupertino, California. These included estimation of future trip generation, impacts on adjacent intersections, and site-specific pedestrian and auto circulation issues such as driveway and crosswalk locations. • Impact Fee Studies: Mr. Black has directed numerous transportation impact fee studies. The purpose of the studies is to identify future transportation deficiencies, improvements to address the deficiencies, and costs to implement the improvements. Impact fee studies were completed for San Mateo, Palo Alto, Sunnyvale, San Jose, Santa Clara, and Gilroy. • Parking Studies: San Carlos – Staff believed that the available parking spaces were utilized to such an extent that any future development could not be accommodated. It was determined that future development could be accommodated only by planning a parking structure. A suitable site was identified, and a three- level parking structure was designed (one level underground and two levels above). To help the financial feasibility of the parking structure, it was designed to have two levels of housing above. San Mateo – Due to recent and projected growth, many downtown merchants believed that more parking facilities were needed. Surveys revealed that the existing parking situation was adequate, although during peak times customers sometimes had to settle for less desirable spaces because the prime spaces were taken by employees. The study was able to show that a relatively modest increase in downtown parking meter rates combined with a small property assessment could finance an additional parking structure. • Major Developments: Valley Fair – Valley Fair is a 1.2 million square foot regional mall that was proposed for enlargement by approximately 300,000 square feet. Santana Row – This project transformed a 1960’s era shopping center into a mixed-use “Main Street” style shopping, entertainment and residential center. Oakridge Mall – The proposed expansion consisted of the addition of 85,000 square feet of movie theater space plus additional retail and restaurant space. Evergreen Specific Plan - The plan called for the construction of over 4,000 dwelling units on about 600 acres. Hexagon staff analyzed both on-site and off-site traffic impacts of the plan and developed the circulation element of the EIR. Facebook Willow Village – The Willow Village plan included over one million square feet of new office space for Facebook plus residential, retail, and hotel development. Hexagon completed the transportation study for the plan including calculation of VMT effects and the design of access and on-site circulation. Urban Planning Partners Contract 50 of 98 107 At van den Hout, Vice President & Principal Associate Education Bachelor of Science in Traffic Engineering and Transportation Planning, Nationale Verkeersacademie, Tilburg, The Netherlands Experience Mr. van den Hout is one of the founding partners of Hexagon Transportation Consultants, Inc. Mr. van den Hout has over twenty-five years of experience in transportation planning and traffic engineering with the emphasis on travel demand forecasting. Throughout his career, Mr. van den Hout has acquired extensive experience with multi-modal travel forecasting models. He is particularly familiar with the models from the Metropolitan Transportation Commission (MTC) in the San Francisco Bay Area, Santa Clara County (VTA), Contra Costa County and Alameda County. Mr. van den Hout is familiar with all major travel demand forecasting software packages such as EMME/2, CUBE /VOYAGER, TRANPLAN, TransCAD, and MINUTP. Mr. van den Hout has managed and prepared a variety of site traffic impact studies, transportation planning projects and traffic engineering studies for both public and private clients. These studies include analyses for various land uses developments including residential and mixed-use projects, school studies and office developments in the Bay Area region. Representative Projects Travel Demand Model Development Projects:  City of San Jose Model Update – Model Refinement and Validation  Sunnyvale Citywide Model – Model Refinement and Validation  Gilroy Citywide Model – Model Refinement and Validation  San Mateo Countywide Model—San Mateo, California. Model development  San Francisco International Airport Surface Transportation Air Passenger Model—San Francisco, California. Trip Generation/distribution model development, mode choice calibration, model validation Travel Demand Model Applications  SVRT Phases I and II BART Extension to San Jose- Santa Clara County  Gilroy General Plan Update  Palo Alto Comprehensive Plan Update  Morgan Hill General Plan Update  Lathrop River Islands Internal Roadway Design  City of San Jose Strategy Plan Update  Silicon Valley Rapid Transit Corridor MIS / EIS – Development of ridership and traffic forecast for the MIS, EIS, and EIR- Santa Clara County, California  North San Jose Area Development Policy Update – Development of multi-modal travel forecasts for several large development concepts in North San Jose  Santa Clara County Model—Santa Clara County, California. Travel forecasts for the Highway 85 widening and U.S. 101/Route 85 Interchange Projects, development of year 2020 land use and demographic forecast  Tri-Valley Subarea Model—Alameda and Contra Costa Counties, California. I-580/I-680 Interchange Project, Tassajara Valley EIR, Tri-Valley Transportation Plan  Alameda Countywide Model—Alameda County, California. Travel forecasts and analysis for the Alameda County Transportation Plan, I-880 Intermodal Corridor Study, I-880 Cypress Replacement Project, Castro Valley Arterial Study Urban Planning Partners Contract 51 of 98 108 Environmental / Traffic Impact Studies  City of Daly City – Serra Bowl Mixed Use Development  City of Daly City – Christopher Court Residential Development  City of San Bruno – Mills Park Mixed Use Development  City of San Bruno – 111 San Bruno Avenue Mixed Use Development  City of Millbrae – 1100 El Camino Real Mixed Use Development  Mountain View – 2580 California Avenue Mixed Use Development  City Center San Ramon Traffic Analysis  BART SVBX and SVSX Traffic Impact Analysis  McCarthy Ranch TIA  Dougherty Valley Traffic Impact Studies and Intersection Design Projects  Gale Ranch Phase 3 Traffic Study/Roadway Improvement Phasing Study  McCarthy Ranch General Plan Amendment EIR School Access and Circulation Studies  Gale Ranch 4 Elementary School Traffic Impact and Circulation Study  Gale Ranch Elementary School Traffic Analysis (Dougherty Valley – Contra Costa County)  Gale Ranch Middle School Circulation and Operational Analysis (Dougherty Valley – Contra Costa County)  Alamo Creek Elementary School Traffic Analysis (Alamo Creek – Contra Costa County)  School and Traffic – Comprehensive Data Collection and Analysis at 15 public schools (Santa Clara County) Selected Publications/Presentations  “Implementation of Highway Capacity Manual Based Volume Delay Functions in a Regional Traffic Assignment Process,” presented at the TRB Annual Meeting, Washington, D.C.  “Utilizing a Gateway Constrained Methodology to Better Forecast Traffic Volumes,” presented at the I.T.E. Conference, Denver, Colorado. (Co-Author)  “Building a Path-Based Fare Matrix Using EMME/2 and TRANPATH,” presented at the International EMME/2 Conference, Montreal, Canada  “Travel Demand Forecasting Models in the San Francisco Bay Area,” presented at the First European EMME/2 Users Conference in Lon-don, England.  “Air Quality Impact Analysis Using the EMME/2 Network Calculator,” presented at the International EMME/2 Conference in Pasadena, California. Urban Planning Partners Contract 52 of 98 109 YEARS OF EXPERIENCE 20 years EDUCATION University of California, Berkeley M.S in Civil & Environmental Engineering Emphasis: Environmental Engineering University of California, Berkeley B.S. in Civil & Environmental Engineering Emphasis: Environmental Engineering University of California, Santa Cruz Bachelor of Arts in Environmental Studies Emphasis: Watershed Restoration Gadjah Mada University, Indonesia Studies in Art, Culture, and Language PROFESSIONAL REGISTRATION Registered Professional Engineer, California (72828) PROFESSIONAL AFFILIATIONS American Society of Civil Engineers, Member JOHN LEYS, P.E., LEED AP PRINCIPAL Civil and environmental engineer John Leys leads sustainable infrastructure planning and project implementation at Sherwood. He has over 20 years of experience working with public agencies, institutions, and private developers on the implementation of water management and sustainable infrastructure systems. He has extensive experience interfacing with the many city and county agencies including among others City of San Francisco, San Francisco Public Utilities Commission, City of Mountain View, City of Palo Alto, Town of Atherton, County of San Mateo, and County of Marin. John’s project experience ranges from developing sustainable infrastructure for the Fulton Corridor Specific Plan & Downtown Neighborhood and Hayward Specific Plan to overseeing the design of a net-positive water campus for Microsoft in Silicon Valley. On all of his projects, John pursues integrated water management strategies that achieve project design goals while strengthening regional natural systems. John also has spearheaded ecological planning and the implementation of sustainable design guidelines related to preservation, conservation, and restoration of the project sites. He pursues energy saving and water conservation techniques that address sensitive economic and environmental constraints. John is a LEED Accredited Professional and a member of the US Green Building Council. He received degrees in Environmental Studies and Civil Engineering and has worked in the offices of planners, architects, and landscape architects as a civil engineer. John’s experience includes project work in green building design, parks and public spaces, roadway and trail design, water feature design, commercial and residential planned developments, utility infrastructure design, streetscape design, earthwork design and calculations, fine grading and drainage design, cost estimation, development of proprietary green design tools, integrated stormwater management, and feasibility analysis. Urban Planning Partners Contract 53 of 98 110 YEARS OF EXPERIENCE 4 years EDUCATION Carnegie Mellon University Master of Science in Civil and Environmental Engineering Carnegie Mellon University Bachelor of Science in Civil Engineering with University Honors PROFESSIONAL REGISTRATION Registered Professional Engineer, State of California #89808 Craig Boman serves as a Project Engineer at Sherwood. He has touched over 50 projects ranging from city planning to corporate campuses to public and private schools throughout California. He has experience as a lead designer on several mixed-use developments and technical utility studies throughout the Bay Area. From data collection to extensive modeling and computational analysis, he has created several technical memorandum for various agencies to determine capacity deficiencies and the associated required improvements. Working in cities including Walnut Creek, Berkeley, El Cerrito, and Richmond, Craig has worked on utility analyses for both individual developments and planned development areas. He has a strong background working on construction documents, project cost estimating, utility analyses, technical report creation, and project team coordination. With a passion for Low-Impact Design approach focused on protecting and encouraging local ecology and community, Craig focuses on project team collaboration to produce creative, constructible, and cost-effective design solutions. He strives to provide technical guidance that looks beyond the typical baseline approach and delivers innovative alternatives to help produce the best long-term solutions. CRAIG BOMAN, P.E. PROJECT ENGINEER Urban Planning Partners Contract 54 of 98 111 JOHN GUST Principal Investigator for Archaeology EDUCATION 2016 Ph.D., Anthropology, University of California, Riverside (UCR) 2011 M.A., Anthropology, UCR 2007 M.A., Applied Geography, University of Colorado, Colorado Springs (UCCS) 2002 B.A., Anthropology, minor in Geography/Environmental Studies, UCCS SUMMARY OF QUALIFICATIONS Dr. Gust is a Registered Professional Archaeologist (RPA) with over 9 years of experience in field archaeology. He meets the qualifications required by the Secretary of the Interior’s Standards and Guidelines for Archaeology and Historic Preservation and his field expertise includes pedestrian surveys, excavation monitoring, resource recording, and historic artifact analysis. Dr. Gust has managed a variety of projects at Cogstone in the water, development, residential, transportation, telecommunications, and public works sectors. Dr. Gust is a member of the Society for California Archaeology, Society for American Archaeology, and the American Anthropological Association. SELECTED EXPERIENCE Japantown Square Mixed-Use Development, City of San Jose, Santa Clara County, CA. Cogstone developed an archaeological and paleontological monitoring plan for the construction of a mixed-use development project. The 5.25-acre project consists of two sections, 2.1 acres of multi-family residential units and 3.1 acres of multi- use commercial residential space. It will involve the construction of two separate buildings containing 518 multi-family residential units and 19,191 square feet of commercial and community space. Subsequently, Cogstone is currently conducting monitoring during all construction. To date, thousands of artifacts have been collected in preparation for cataloging. Cogstone has also assisted with public outreach for the project. Sub to Shea Properties, LLC. Principal Investigator for Archaeology. 2018-present Morro Bay Water Facility, City of Morro Bay, San Luis Obispo County, CA. The City of Morro Bay has proposed to construct a new water reclamation facility. Federal funding for the project required compliance with Section 106 of the National Historic Preservation Act (NHPA), along with the California Environmental Quality Act (CEQA). The US Environmental Protection Agency (EPA) acted as federal lead and the City acted as state lead agency, with permitting by the California Coastal Commission (CCC), California Department of Transportation (Caltrans), and the State Water Resources Control Board. Cogstone conducted Worker Environmental Awareness Program (WEAP) trainings for all construction personnel, cultural and paleontological resources monitoring, and completed a Cultural Resources Monitoring Compliance Report upon completion of construction. Sub to Filanc Black & Veatch Joint Venture. Principal Investigator for Archaeology. 2020-2021 Rancho Calera Specific Plan Update, City of Chowchilla, Madera County, CA. Cogstone conducted a cultural and paleontological resources assessment to determine the potential impacts to cultural and paleontological resources during excavations. Proposed updates to the specific plan included adding two large retention basins, increasing the acreage dedicated to residential use, decreasing the collective acreage of parkland and open space, decreasing the square footage dedicated to commercial use, removal of the East Robertson Bridge, added landscape and water conservation requirements, and discouraging use of straight streets and encouraging construction of cul-de-sacs. Services included records searches, background research, literature review, and reporting. Sub to QK, Inc. Principal Investigator for Archaeology. 2020 Faith Home/Garner Road Connection Project, Caltrans District 10, Stanislaus County, CA. Cogstone identified and evaluated cultural, paleontological, and historic resources present in or adjacent to the construction of a four-lane one-mile expressway. Cogstone produced an Archaeological Survey Report (ASR), Historic Properties Survey Report (HPSR), Historic Resources Evaluation Report (HRER), and Paleontological Identification and Evaluation Report (PIR-PER). Services included intensive level pedestrian surveys, mapping, records searches, DPR forms, and Native American consultation. Sub to Environmental Intelligence. Principal Investigator for Archaeology. 2019-2020 Urban Planning Partners Contract 55 of 98 112 ERIC SCOTT Paleontology QA/QC EDUCATION 1990 M.A., Anthropology (Biological), University of California, Los Angeles 1985 B.A., Anthropology (Physical), California State University, Northridge SUMMARY OF QUALIFICATIONS Mr. Scott is a professional vertebrate paleontologist with 37 years of experience in paleontological mitigation, fieldwork, curation, and research. He is an emeritus paleontology curator at the San Bernardino County Museum, an adjunct instructor at California State University, San Bernardino, and a research associate of the Natural History Museum of Los Angeles County and the La Brea Tar Pits and Museum. He is a 30+ year member of the Society of Vertebrate Paleontology, an international society of professional scientists where he currently serves on the Government Affairs Committee and also holds membership in the Geological Society of America and other professional societies. Eric currently serves as an editor for the Journal of Vertebrate Paleontology. He has published over 40 research articles in professional scientific journals. SELECTED EXPERIENCE Rancho Calera Specific Plan Update, City of Chowchilla, Madera County, CA. Cogstone conducted a cultural and paleontological resources assessment to determine the potential impacts to cultural and paleontological resources during excavations. Proposed updates to the specific plan included adding two large retention basins, increasing the acreage dedicated to residential use, decreasing the collective acreage of parkland and open space, decreasing the square footage dedicated to commercial use, removal of the East Robertson Bridge, added landscape and water conservation requirements, and discouraging use of straight streets and encouraging construction of cul-de-sacs. Services included records searches, background research, literature review, and reporting. Sub to QK, Inc. Paleontology QA/QC. 2020 Deep Soil Mixing Pilot Project, Community of Pacific Palisades, Los Angeles County, CA. As part of an on-call contract with the Los Angeles Bureau of Engineering (LABOE), Cogstone provided cultural and paleontological resources monitoring as well as managed Native American monitoring during ground-disturbing activities. The City of Los Angeles was the lead agency under the California Environmental Quality Act (CEQA). Monitoring for the Project was conducted in compliance with the Contingency Plan conditions for the Coastal Development Permit (CDP) from the California Coastal Commission (CCC). No cultural or paleontological resources were identified. No further work was necessary. Sub to ICF. Principal Investigator for Paleontology. 2020 Gates Canyon Stormwater Capture Project, unincorporated area of Calabasas, Los Angeles County, CA. Cogstone conducted cultural and paleontological resources monitoring for 31 days during proposed improvements to Gates Canyon Park that will allow the capture and storage of stormwater runoff from an adjacent 105-acre residential area. Monitoring complied with program mitigation measures and as defined by the County of Los Angeles, Department of Public Works (LACDPW). LACDPW was the project proponent and acted as the lead agency under CEQA. Sub to Aspen Environmental. Task Manager. 2019 Irvine General Plan Phase II, City of Irvine, Orange County, CA. Cogstone conducted a study to review and summarize available information regarding known paleontological, archaeological, and historical resources within the boundaries of the City of Irvine to support the Phase II update of the City’s General Plan. Services included records searches, extensive background research, a Sacred Lands File search request from the Native American Heritage Commission (NAHC), and reporting. The City sent information and consultation to 15 tribal organizations to meet the requirements of Senate Bill 18 and Assembly Bill 52. A general analysis of impacts of future projects within the City of Irvine that may adversely affect paleontological, archaeological, or historic resources was provided along with programmatic mitigation measures. Sub to PlaceWorks. Paleontology QA/QC. 2018-2019 Urban Planning Partners Contract 56 of 98 113 KIM SCOTT Principal Investigator for Paleontology EDUCATION 2013 M.S., Biology with paleontology emphasis, California State University San Bernardino 2000 B.S., Geology with paleontology emphasis, University of California, Los Angeles TRAINING AND CERTIFICATIONS 2015 Trained and certified in geomorphology techniques, National Park Service, National Center for Preservation Technology and Training SUMMARY OF QUALIFICATIONS Ms. Scott has 25 years of experience in California as a paleontologist and sedimentary geologist. Scott has worked extensively in the field surveying, monitoring, and salvaging fossils on hundreds of projects. In addition, she has special skills in jacketing large fossils, fossil preparation (cleaning and stabilization) and in the preparation of stratigraphic sections and other documentation for fossil localities. She authors and conducts crew sensitivity training, serves as company safety officer, and has authored both the company safety and paleontology manuals. She is a Member of the Society of Vertebrate Paleontology and the Geological Society of America. SELECTED EXPERIENCE Creekside Specific Plan, City of San Juan Capistrano, Orange County, CA. Cogstone conducted a study to determine the potential impacts to cultural and paleontological resources for the proposed demolition of an existing 123,000 square-foot building and construction of 188 residential units on 15.3 acres. Services included records searches, background research, and an intensive-level pedestrian survey. Based on the results of the record search and ethnographic data, it was found likely that substantive archaeological deposits exist. The project area was considered moderately sensitive for cultural and paleontological resources and archaeological and paleontological monitoring during all ground-disturbing activities was recommended. The City of San Juan Capistrano acted as lead CEQA agency. Sub to PlaceWorks. Principal Investigator for Paleontology. 2019-2020 Rancho Calera Specific Plan Update, City of Chowchilla, Madera County, CA. Cogstone conducted a cultural and paleontological resources assessment to determine the potential impacts to cultural and paleontological resources during excavations. Proposed updates to the specific plan included adding two large retention basins, increasing the acreage dedicated to residential use, decreasing the collective acreage of parkland and open space, decreasing the square footage dedicated to commercial use, removal of the East Robertson Bridge, added landscape and water conservation requirements, and discouraging use of straight streets and encouraging construction of cul-de-sacs. Services included records searches, background research, literature review, and reporting. Sub to QK, Inc. Principal Investigator for Paleontology. 2020 Lake Forest General Plan Update, City of Lake Forest, Orange County, CA. Cogstone conducted a study to review and summarize available information regarding known paleontological, archaeological, and historical resources to guide long-term growth, maintenance, preservation, and decision-making in the city over the next 20-plus years. Services included record searches, background research, and a Sacred Lands File search from the NAHC. A general analysis of impacts of future projects within the City of Lake Forest that may adversely affect paleontological, archaeological, or historic resources was provided along with mitigation recommendations. Sub to De Novo. Principal Investigator for Paleontology. 2018-2019 La Verne General Plan Update, City of La Verne, Los Angeles County, CA. Cogstone reviewed and summarized available information regarding known paleontological, archaeological, and historical resources to support an update of the City’s General Plan. Cogstone conducted archaeological and paleontological record searches, extensive historical research at City Hall, a Sacred Lands File (SLF) search was requested from the Native American Heritage Commission (NAHC), and a general analysis of impacts of future projects within the city that may adversely affect paleontological, archaeological, or historic resources was provided along with mitigation recommendations. Sub to De Novo. Principal Investigator for Paleontology. 2018 Urban Planning Partners Contract 57 of 98 114 MOLLY VALASIK Task Manager EDUCATION 2009 M.A., Anthropology, Kent State University, Kent, Ohio 2006 B.A., Anthropology, Ohio State University, Columbus, Ohio SUMMARY OF QUALIFICATIONS Ms. Valasik is a Registered Professional Archaeologist (RPA) with more than 10 years of experience. She is a skilled professional who is well-versed in the compliance procedures of CEQA and Section 106 of the NHPA and regularly prepares cultural resources assessment reports for a variety of federal, state, and local agencies throughout California. Ms. Valasik has managed a variety of projects at Cogstone in the water, transportation, energy, development, and federal sectors. She meets the qualifications required by the Secretary of the Interior’s Standards and Guidelines for Archaeology and Historic Preservation. She is accepted as a principal investigator for prehistoric archaeology by the State Office of Historic Preservation. SELECTED EXPERIENCE Creekside Specific Plan, City of San Juan Capistrano, Orange County, CA. Cogstone conducted a study to determine the potential impacts to cultural and paleontological resources for the proposed demolition of an existing 123,000 square-foot building and construction of 188 residential units on 15.3 acres. Services included records searches, background research, and an intensive-level pedestrian survey. Based on the results of the record search and ethnographic data, it was found likely that substantive archaeological deposits exist. The project area was considered moderately sensitive for cultural and paleontological resources and archaeological and paleontological monitoring during all ground-disturbing activities was recommended. The City of San Juan Capistrano acted as lead CEQA agency. Sub to PlaceWorks. Principal Investigator for Archaeology. 2019-2020 Rancho Calera Specific Plan Update, City of Chowchilla, Madera County, CA. Cogstone conducted a cultural and paleontological resources assessment to determine the potential impacts to cultural and paleontological resources during excavations. Proposed updates to the specific plan included adding two large retention basins, increasing the acreage dedicated to residential use, decreasing the collective acreage of parkland and open space, decreasing the square footage dedicated to commercial use, removal of the East Robertson Bridge, added landscape and water conservation requirements, and discouraging use of straight streets and encouraging construction of cul-de-sacs. Services included records searches, background research, literature review, and reporting. Sub to QK, Inc. Task Manager. 2020 Irvine General Plan Phase II, City of Irvine, Orange County, CA. Cogstone conducted a study to review and summarize available information regarding known paleontological, archaeological, and historical resources within the boundaries of the City of Irvine to support the Phase II update of the City’s General Plan. Services included records searches, extensive background research, a Sacred Lands File search request from the Native American Heritage Commission (NAHC), and reporting. The City sent information and consultation to 15 tribal organizations to meet the requirements of Senate Bill 18 and Assembly Bill 52. A general analysis of impacts of future projects within the City of Irvine that may adversely affect paleontological, archaeological, or historic resources was provided along with programmatic mitigation measures. Sub to PlaceWorks. Principal Investigator for Archaeology. 208-2019 Fresno West Area Specific Plan, City of Fresno, Fresno County, CA. Cogstone conducted a study to review and summarize available information regarding known paleontological, archaeological, and historical resources within the boundaries of the city in order to guide future growth and development. Cogstone conducted a records search and in-depth background research. Of the 82 previously recorded cultural resources, 78 were built environment. Three mitigation measures were recommended for future development. The City of Fresno acted as the lead agency under CEQA. Sub to De Novo. Task Manager. 2019 Urban Planning Partners Contract 58 of 98 115 Urban Planning Partners Contract 59 of 98 116 Urban Planning Partners Contract 60 of 98 117 Urban Planning Partners Contract 61 of 98 118 Urban Planning Partners Contract 62 of 98 119 Urban Planning Partners Contract 63 of 98 120 Urban Planning Partners Contract 64 of 98 121 Urban Planning Partners Contract 65 of 98 122 Urban Planning Partners Contract 66 of 98 123 Urban Planning Partners Contract 67 of 98 124 Urban Planning Partners Contract 68 of 98 125 Urban Planning Partners Contract 69 of 98 126 Urban Planning Partners Contract 70 of 98 127 Urban Planning Partners Contract 71 of 98 128 Urban Planning Partners Contract 72 of 98 129 Urban Planning Partners Contract 73 of 98 130 Urban Planning Partners Contract 74 of 98 131 Urban Planning Partners Contract 75 of 98 132 Urban Planning Partners Contract 76 of 98 133 Urban Planning Partners Contract 77 of 98 134 Urban Planning Partners Contract 78 of 98 135 Urban Planning Partners Contract 79 of 98 136 Urban Planning Partners Contract 80 of 98 137 Urban Planning Partners Contract 81 of 98 138 Urban Planning Partners Contract 82 of 98 139 Urban Planning Partners Contract 83 of 98 140 Urban Planning Partners Contract 84 of 98 141 Urban Planning Partners Contract 85 of 98 142 Urban Planning Partners Contract 86 of 98 143 Urban Planning Partners Contract 87 of 98 144 Urban Planning Partners Contract 88 of 98 145 Urban Planning Partners Contract 89 of 98 146 Urban Planning Partners Contract 90 of 98 147 Urban Planning Partners Contract 91 of 98 148 Urban Planning Partners Contract 92 of 98 149 Urban Planning Partners Contract 93 of 98 150 Urban Planning Partners Contract 94 of 98 151 Urban Planning Partners Contract 95 of 98 152 Urban Planning Partners Contract 96 of 98 153 Urban Planning Partners Contract 97 of 98 154 Urban Planning Partners Contract 98 of 98 155 SARATOGA CITY COUNCIL MEETING DATE:December 21, 2022 DEPARTMENT:City Manager’s Department PREPARED BY:Britt Avrit, MMC, City Clerk SUBJECT:Commission Local Appointments List and Terms Expiring in 2023 RECOMMENDED ACTION: Adopt the Local Appointments List for terms expiring in the 2023 calendar year and direct the City Clerk to post on the City’s website. BACKGROUND: As required in Municipal Code Section 2-12.010(f), “on or before December 31 of each year, the City Clerk shall prepare,and the City Council shall adopt,a list of all Commissions containing the following information: 1.A list of the qualifications necessary for each Commissioner position; and 2.A list of all Commissioner terms which will expire during the next calendar year, including the name of the incumbent Commissioner, the date of appointment, the date the term expires and the qualifications necessary for the position. This list shall be made available to the public and shall be posted in the office of the City Clerk and at the Saratoga Library.” Pursuant to the Maddy Act (Government Code Section 54970-54974)the list is available to the public and will be posted on the City’s website. Qualifications for Service on a Commission: Most Commissioners must be a resident of Saratoga. Additionally, each Commission applicant must attend at least one meeting of the Commission he or she is applying before being interviewed by the City Council. Commissioners may not hold an elected public office and cannot be employed by the City of Saratoga.Most Commission terms are four years and Commissioners are limited to two full consecutive terms on a single Commission. Partial terms are not considered full terms. Youth Commission terms are two years and Youth Commissioners may not serve more than one term. 156 Special qualifications for service on the City’s Commissions are noted below. Commission Special Qualifications Heritage Preservation -Shall have a demonstrated interest in, competence or knowledge in historic preservation. -One member to be nominated by the Saratoga Historical Foundation. -Two members shall be appointed from among the disciplines of architecture, history, architectural history, planning, archeology or other historic preservation related disciplines such as urban planning, architecture/construction, American studies, American civilization, cultural geography or cultural anthropology, to the extent that such professionals are available in the community. The candidate nominated by the Saratoga Historical Foundation can qualify as this professional member. Library & Community Engagement -must reside in the City or in the adjacent unincorporated areas within the library’s service district. -One member may be nominated by the City of Monte Sereno. Parks and Recreation -No special qualifications. Planning -No special qualifications, however, members must be able to attend Commission study sessions and regular meetings that are held on the 2nd Wednesday of the month at 7:00 p.m. in the Civic Theater, site visits held the day before public hearings. Public Art -No special qualifications. Traffic Safety -No special qualifications. Youth -Members must be a resident of Saratoga in grades 7-12. -Applicants must be eligible to serve a full 2-year term to be considered for appointment, which prohibits appointment of applicants who will be a high school senior during their first year on the Commission. Commission Purpose In addition to providing information about special qualifications and expiring terms in calendar year 2023, staff also provides the purpose or powers of Commissions as provided in Council Resolutions or the City Code (Attachment A). 157 Terms Expiring in 2023 In total, there are 11 Commissioner terms ending in 2023. The Commission seats that are expiring in 2023 are noted below. Term End First Name Last Name Commission Elig. for Reappointment? 3/31/23 Sunil Ahuja Planning No 3/31/23 Anjali Kausar Planning Yes 6/30/23 Nicole Hao Youth No 6/30/23 Saket Kelkar Youth No 6/30/23 Aniket Singh Youth No 6/30/23 Ashly Henry Youth No 6/30/23 Alex Xia Youth No 9/30/23 Victoria Zhang Library & Community Engagement Yes 9/30/23 Renee Paquier Parks and Recreation Yes 9/30/23 James Cai Public Art Yes 12/31/23 Sharon Boyce-Bender Heritage Preservation Yes The vacancies reflected in Attachment A represent the current recruitments for two full-term vacancies and one partial-term vacancy on the Heritage Preservation Commission, the one full- term vacancy on the Parks & Recreation Commission and the one full-term vacancy and one partial-term vacancy on the Traffic Safety Commission. Attachment B includes the tentative schedule of Commission recruitments for 2023. ATTACHMENTS: Attachment A –Local Appointments List Attachment B – 2023 Tentative Commission Recruitment Schedule 158 HERITAGE PRESERVATION COMMISSION CURRENT MEMBERSHIP & ATTENDANCE INFORMATION First Name Last Name Term Ending Eligible for Reappointment Special Qualifications Sharon Boyce-Bender 12/31/2023 Yes Priya Shastri 12/31/2024 Yes Historical Foundation Representative VACANT VACANT VACANT CITY CODE 13-10.040 – POWERS AND DUTIES The Heritage Commission shall be advisory only to the City Council, the Planning Commission and the agencies and departments of the City and shall establish liaison and work in conjunction with such authorities to implement the purposes of this Chapter. The Heritage Commission shall have the following powers and duties: a) Conduct, or cause to be conducted, a comprehensive survey of properties within the boundaries of the City for the purpose of establishing the Heritage Resource Inventory. To qualify for inclusion in the Heritage Resource Inventory, a property must satisfy any one or more of the criteria listed in Section 13-15.010 of this Chapter. The Inventory shall be publicized and periodically updated, and a copy thereof shall be kept on file in the Planning Department. b) Recommend to the City Council specific proposals for designation as a historic landmark, heritage lane or historic district. c) Recommend to the appropriate City agencies or departments projects and action programs for the recognition, conservation, enhancement and use of the City's heritage resources, including standards to be followed with respect to any applications for permits to construct, change, alter, remodel, remove or otherwise affect such resources. d) Review and comment upon existing or proposed ordinances, plans or policies of the City as they relate to heritage resources. e) Review and comment upon all applications for building, demolition, grading or tree removal permits involving work to be performed upon or within a designated historic landmark, heritage lane or historic district, and all applications for tentative map approval, rezoning, building site approval, use permit, variance approval, design review or other approval pertaining to or significantly affecting any heritage resource. The Commission's comments shall be forwarded to the City agency or department processing the application within thirty days after receiving the request for such comments. f)Investigate and report to the City Council on the availability of federal, state, county, local or private funding sources or programs for the rehabilitation and preservation of heritage resources. g) Cooperate with county, state and federal governments and with private organizations in the pursuit of the objectives of heritage conservation. h) Upon the request of a property owner or occupant and at the discretion of the Heritage Commission, render advice and guidance on the conservation, rehabilitation, alteration, decoration, landscaping or maintenance of any heritage resource; such voluntary advice and guidance shall not impose any regulation or control over any property. i)Participate in, promote and conduct public information and educational programs pertaining to heritage resources. j)Perform such other functions as may be delegated to it by resolution or motion of the City Council. 159 LIBRARY & COMMUNITY ENGAGEMENT COMMISSION CURRENT MEMBERSHIP & ATTENDANCE INFORMATION First Name Last Name Term Ending Eligible for Reappointment Special Qualifications Victoria Zhang 9/30/2023 Yes Eric Lewis 9/30/2024 Yes Christina Meiser 9/30/2025 Yes Robert Gulino 9/30/2025 No Valerie Nygaard 9/30/2026 Yes RESOLUTION NO. 20-055 – BASIC RESPONSIBILITIES & DUTIES BASIC RESPONSIBILITIES The Library & Community Engagement Commission shall serve as an advisory and liaison body. Its basic responsibilities shall include the following: 1. Provide counsel and recommendations on Library policies, budgets, plans and procedures to the Saratoga City Council, and the Santa Clara County Library. Identify and bring to the attention of the City Council, the City staff, and the Santa Clara County Library staff (as appropriate) current and prospective issues and questions relating to Library policies and activities. 2. Provide counsel and recommendations to the Saratoga City Council on increasing public engagement in City government, supporting cultural and artistic programs in the community, and fostering a stronger, more inclusive community. 3. As directed by the City Council, evaluate and assess community concerns, support City engagement programs, and perform such other activities as may be directed by the Saratoga City Council. DUTIES In carrying out its basic responsibilities, the Library & Community Engagement Commission shall perform the following duties: 1. Hold formal meetings as required 2. Maintain communications with the City Council, City staff, Santa Clara County Library staff, and the Saratoga Community Librarian 3. Serve in an advisory capacity on major engagement initiatives or policies to help create a more inclusive and engaged community, including providing support in identifying and connecting with different groups in the community (such as other governmental, educational, and non-profit organizations). 4. Maintain within the Commission a continuity of knowledge of Library operations, and City community engagement policies and strategies. 5. Keep generally informed on technical developments that could have a bearing on the Library's policies or strategies. 6. Provide support and/or advice on events related to the Library and City. 7. Work with and engage "Friends of the Saratoga Libraries", the Saratoga Teen Advisory Board, and other support groups as may be desirable concerning the Library. 160 PARKS AND RECREATION COMMISSION CURRENT MEMBERSHIP & ATTENDANCE INFORMATION First Name Last Name Term Ending Eligible for Reappointment Special Qualifications Renee Paquier 9/30/2023 Yes N/A Michelle Wang 9/30/2024 No N/A Nimisha Mahuvakar 9/30/2025 Yes N/A Badrinath Sridharan 9/30/2025 Yes N/A VACANT RESOLUTION NO. 432 – POWERS & DUTIES The powers of the Parks and Recreation Commission are advisory only and it shall render all reports and recommendations directly to the City Council, unless otherwise directed by the Council. The Commission does not constitute a planning agency with the terms and meaning of Government Code Section 65100 of the State of California. The Commissions' powers and duties, in such advisory capacity to the City Council, shall include the following: a) to recommend a parks and recreation program, and the programming and implementation thereof, to the Council; b) advise the Council specifically on design, use, development, financing, care and maintenance of parks and playgrounds; landscaping along thoroughfares and other City streets; walkways, pathways, equestrian paths, streambeds, protection and promulgation of trees, and such other matters as may be requested by the Council. 161 PUBLIC ART COMMISSION CURRENT MEMBERSHIP & ATTENDANCE INFORMATION First Name Last Name Term Ending Eligible for Reappointment Special Qualifications James Cai 9/30/2023 Yes N/A Ramya Vasu 9/30/2024 Yes N/A Sohini Kar 9/30/2025 Yes N/A Siana Smith 9/30/2025 Yes N/A Gloria Wu 9/30/2026 Yes N/A RESOLUTION NO. 21-047 – RESPONSIBILITIES & DUTIES The Public Art Commission will serve in an advisory capacity to the City Council on matters related to art and is charged with considering and recommending opportunities for public art in Saratoga and on City property to the City Council. RESPONSIBILITIES & DUTIES A. The Commission shall provide counsel and recommendations on public art policies, budgets, plans, and procedures to the Saratoga City Council. B. As directed by the City Council, evaluate and assess public art projects or programs and perform such other activities as may be directed by the Saratoga City Council. C. The Commission shall maintain communications with the City Council and City staff on public art-related matters. D. Provide support and/or advice on events or programs related to City public art. E. Maintain awareness and knowledge of public art trends and principles. 162 PLANNING COMMISSION CURRENT MEMBERSHIP & ATTENDANCE INFORMATION First Name Last Name Term Ending Eligible for Reappointment Special Qualifications Sunil Ahuja 3/31/2023 No N/A Anjali Kausar 3/31/2023 Yes N/A Herman Zheng 3/31/2024 Yes N/A Jonathan “JoJo”Choi 3/31/2025 Yes N/A Razi Mohiuddin 3/31/2025 No N/A Clinton Brownley 3/31/2026 Yes N/A Ping Li 3/31/2026 Yes N/A CITY CODE 2-15.030 POWERS & DUTIES The Planning Commission is hereby designated as the planning agency of the City, as described in Section 65100 of the Government Code, and shall exercise the functions of a planning agency as prescribed in Section 65101 of the Government Code. The Planning Commission shall also exercise the powers and perform the duties conferred upon it by this Code and assigned to it from time to time by the City Council. GOVERNMENT CODE 65100 There is in each city and county a planning agency with the powers necessary to carry out the purposes of this title. The legislative body of each city and county shall by ordinance assign the functions of the planning agency to a planning department, one or more planning commissions, administrative bodies or hearing officers, the legislative body itself, or any combination thereof, as it deems appropriate and necessary. In the absence of an assignment, the legislative body shall carry out all the functions of the planning agency. GOVERNMENT CODE 65101 (a) The legislative body may create one or more planning commissions each of which shall report directly to the legislative body. The legislative body shall specify the membership of the commission or commissions. In any event, each planning commission shall consist of at least five members, all of whom shall act in the public interest. If it creates more than one planning commission, the legislative body shall prescribe the issues, responsibilities, or geographic jurisdiction assigned to each commission. If a development project affects the jurisdiction of more than one planning commission, the legislative body shall designate the commission which shall hear the entire development project. (b) Two or more legislative bodies may: (1) Create a joint area planning agency, planning commission, or advisory agency for all or prescribed portions of their cities or counties which shall exercise those powers and perform those duties under this title that the legislative bodies delegate to it. (2) Authorize their planning agencies, or any components of them, to meet jointly to coordinate their work, conduct studies, develop plans, hold hearings, or jointly exercise any power or perform any duty common to them. 163 TRAFFIC SAFETY COMMISSION CURRENT MEMBERSHIP & ATTENDANCE INFORMATION First Name Last Name Term Ending Eligible for Reappointment Special Qualifications Chi-Kuang Chu 12/31/2024 Yes N/A Robert Eng 12/31/2025 Yes N/A Jason Mount 12/31/2025 Yes N/A VACANT VACANT RESOLUTION NO. 05-032 – MISSION The exclusive mission of the Traffic Safety Commission shall be to investigate, review, and analyze issues, and make recommendations to the City Council and City staff regarding traffic safety. The Commission shall work to increase awareness of, and attention to, the traffic safety needs of the community by improving communications and involvement between the community, and the City government on services, needs and programs. 164 YOUTH COMMISSION CURRENT MEMBERSHIP & ATTENDANCE INFORMATION First Name Last Name Term ending Eligible For Reappointment School Nicole Hao 6/30/2023 No Redwood Middle School Saket Kelkar 6/30/2023 No Lynbrook High School Aniket Singh 6/30/2023 No The Harker School Ashly Henry 6/30/2023 No Saratoga High School Alex Xia 6/30/2023 No St. Francis High School Justin Chao 6/30/2024 No The Harker School Ovee Dharwadkar 6/30/2024 No Redwood Middle School Lisa Jing 6/30/2024 No Lynbrook High School Arjun Krishna 6/30/2024 No Bellarmine College Prep Maggie McCormick 6/30/2024 No Prospect High School Bryan Zhao 6/30/2024 No Saratoga High School RESOLUTION NO. 18-056, SECTION 2 The powers of the Youth Commission are advisory only, and it shall render all reports and recommendations directly to the City Council, unless otherwise directed by the Council. The Commissioners’ powers and duties, in such advisory capacity to the City Council, shall include the following: (a)To develop and recommend guidelines involving the concerns of youth and the programming and implementation thereof, to the Council; (b)Advise the Council generally on matters which concern youth and specifically on the various aspects of the city matters related to youth as may be requested by Council. 165 Tentative 2023City of Saratoga Commission Recruitment Schedule Commission Recruitment Start Application Deadline Interviews Appointment Vacancies Scheduled Meetings Planning December 2022 Feb. 17, 2023 March 1, 2023 March 15, 2023 2*(one incumbent eligible for reappointment) Dec. 14, 2022 Jan. 11,2023 Feb. 8, 2023 Youth January 2023 April 28, 2023 May 2023 June 7, 2023 5 Jan. 24, 2023 Feb.28, 2023 Mar. 28, 2023 April 25, 2023 Parks & Recreation February 2023 Aug. 25, 2023 Sept. 6, 2023 Sept. 20, 2023 1 Mar.14, 2023 May 9, 2023 July 11, 2023 Public Art February 2023 Aug. 25, 2023 Sept. 6, 2023 Sept. 20, 2023 1*Mar. 20, 2023 May 15, 2023 July 17, 2023 Library & Community Engagement February 2023 Aug. 25, 2023 Sept. 6, 2023 Sept. 20, 2023 1*Feb.13, 2023 April 10, 2023 June 12, 2023 Aug. 14, 2023 Traffic Safety June 2023 Nov. 17, 2023 Dec. 6, 2023 Dec. 20, 2023 2 July 13, 2023 Sept. 14, 2023 Nov. 9, 2023 (tentative) Heritage Preservation June 2023 Nov. 17, 2023 Dec. 6, 2023 Dec. 20, 2023 1 Sept. 12. 2023 Oct. 10, 2023 Nov. 14, 2023 * Incumbent(s) eligible for reappointment Notes: Recruitments are structured to allow for at least 2 regular meetings during the recruitment period 166 SARATOGA CITY COUNCIL MEETING DATE:December 21, 2022 DEPARTMENT:City Manager’s Department PREPARED BY:Crystal Bothelio, Assistant City Manager SUBJECT:Amendment to Agreement with Flock Group Inc.(Flock)for Landscaping and Lighting Assessment District Zone Automated License Plate Reader (ALPR) Cameras RECOMMENDED ACTION: Authorize the City Manager to execute an amended agreement with Flock for Landscaping and Lighting Assessment District zones ALPR cameras and approve a resolution authorizing the City Manager to enter and submit supplemental orders as part of the City’s agreement with Flock. BACKGROUND: In February 2022, the City Council authorized a 1-year ALPR pilot program in partnership with Flock. Subsequently, the City entered into an agreement with Flock for a 7 camera system operated by the Santa Clara County Sheriff’s Office. The pilot officially started in August 2022 when all 7 cameras were installed. At the September 21, 2022 City Council Meeting, the City Council approved changes to make Flock ALPR cameras an allowable improvement for the City’s Landscaping and Lighting Assessment District. This enables neighborhoods without a formal Homeowners Association with articles of incorporation filed with the California Secretary of State to add ALPR cameras in the public right-of-way. Furthermore, cameras are funded through an assessment on properties within the Landscaping and Lighting Assessment District zone seeking to have cameras added to their neighborhood. If authorized by the City Council, the amended agreement will allow cameras funded through the assessment district to be part of the City system.Additionally, City Council approval of the attached resolution will allow the City Manager to enter and submit the supplemental order form in the amended agreement as new Landscaping and Lighting Assessment District zones decide to fund ALPR cameras for their neighborhood. Since Flock cameras funded through the Landscaping and Assessment District will be part of the City system, only the Sheriff’s Office will have access to data and alerts generated by the cameras. All payments and coordination with Flock will be handled directly by the City. Additionally, 167 cameras installed through the City’s Landscaping and Lighting Assessment District will be independent of the 1-year pilot that is expected to be assessed by the City Council in fall/winter 2023. Cameras installed in an Assessment District Zone through the supplemental order form will have a two-year term that can be renewed as long as the neighborhood funds them. ATTACHMENTS: Attachment A – Amended Agreement with Flock Attachment B – Resolution Authorizing the City Manager to Enter and Submit Supplemental Orders as Part of the City’s Agreement with Flock 1597343.1 168 FLOCK GROUP INC. AMENDED SERVICES AGREEMENT This is an amendment to the Agreement between Flock and Agency that became etfective May 17,2022 ("Original Agreement"). All terms in this amendment shall have the meaning set forth in the Original Agreement unless otherwise specified. The Original Agreement called for installation and operation of seven Flock Fa lcon Cameras. The Parties wish to establish a process whereby additional cameras may be installed and operated , each for an initial term of two years and each subject to the terms and conditions of the Original Agreement. The installation of additional cameras will not limit Agency 's abi li ty to renew or terminate operation of the seven cameras installed pursuant to the Original Agreement. Accordingly the Parties hereby agree as follows: I. Agency may add additional cameras to be installed and operated under the terms of the Original Agreement by submittin g a Supplemental Order Form in the form attached hereto. 2 . The Initial Term and Renewal Term for the cameras on each Supplemental Ord e r Form shall be 24 months from the date the Supp lemental Order Form is accepted by Flock .. 3. No Supplemental Order Form shall affect the Initial Term or Renewal Term of any camera installed pursuant to the Original Agreement or any other Supplemental Order Form. For avoidance of doubt, this provision means that Agency may terminate services with respect to a camera at the end of the initial term or renewal term for that camera as specified in the Origina l Agreement or Supplemental Order form pursuant to which that camera was installed , as applicable , notwithstanding Flock's continued provision of service for other cameras. In all other respects termination or non-renewal shall be in accordance with the Original Agreement. 4 . In all other respects the Original Agreement remains in full force and effect. This amendment to the Original Agreement will become effect ive when it is executed by both Parties (the "Amendment Effective Date"). The Partie ave executed this amendment to the Original Agreement as of the dates set forth below. Agency: City of Saratoga By: By: Name: ~~~~~~~~L-----~-- Title: Name : Title: Date: Date : Approved as to form Richard Taylor City Attorney 169 Supplemental Order Form Agency Order Designation (for Agency use only): _________ _ Agency 'Submittal Date : _______ _ Flock Acceptance Date : _______ _ Name Flock Falcon. Camera Annual Fee Implementation Fee (Includes one-time fees) 1594026.1 Initial Term: 24 months Renewal Term: 24 months Price QTY Subtotal $2 ,500 .00 TBD $TBD $350.00 TBD $TBD Year I Total $TBD Recurrin g Total : $TBD Billing Term: Annual payment due Net 30 per terms and conditions 170 DocuSign Envelope 10: AFOF7F8C-471B-4ABA-A785-061CB7A864AB FLOCK GROUP INC. SERVICES AGREEMENT ORDER FORM This Order Form together with the Terms (as defined herein) describe the relationship between Flock Group Inc. ("Flock") and the customer identified below ("Agency") (each of Flock and Customer, a "Party"). This order form ("Order Form") hereby incorporates and includes the "GOVERNMENT AGENCY AGREEMENT" and "City of Saratoga Supplemental Conditions'' attached (the "Terms") which describe and set forth the general legal terms governing the relationship (collectively, the "Agreement"). The Terms contain, among other things, warranty disclaimers, liability limitations and use limitations The Agreement will become effective when this Order Form is executed by both Parties (the "Effective Date"). Agency: City of Saratoga Legal Entity Name: Address: 13777 Fruitvale Avenue Saratoga, California 95070 Expected Payment Method: Initial Term: 24 months Renewal Term: 24 months Contact Name: Crystal Bothelio Phone: 408-868-1269 E-Mail: cbothelio@saratoga.ca.us Billing Contact: (if different than above) Billing Term: Annual payment due Net 30 per terms and conditions 171 DocuSign Envelope 10: AFOF7F8C-471B-4ABA-A785-061CB7A864AB Name Price QTY Subtotal Flock Falcon Camera Annual Fee $2,500.00 7.00 $17,500.00 Implementation Fee $250.00 7.00 $1,750.00 (Includes one-time fees) Year 1 Total $19,250.00 Recurring Total: $17,500.00 Special terms: • N/A 172 DocuSignl Envelope ID: AFOF7F8C -4 71 B-4ABA-A785-061 CB7 A864AB I I I have reviewed and agree to th e C usto mer Impl eme ntation Guide on Schedule Bat the end of this agreement. By executing this Order Form, Agency represents and warrants that it hns read and agrees all of the terms lind conditions contllined in the Terms attached. 11Je Partie s hav e execu ted thi s Agrc~.:mcnt as oftl1c dates set forth below . FLOCK GROUP, INC. By : Name: Alex Latraverse Title: Chief Revenue Officer Date : 3/28/2022 Approved as to Form <:;:-,. Richard Taylor;City Attorney Dntc: 4-[ Btu- 173 DocuSign Envelope 10: AFOF?FBC-471 B-4ABA-A785-061 CB7A864AB GOVERNMENT AGENCY AGREEMENT This Government Agency Agreement (this "Agreement") is entered into by and between Flock Group, Inc. with a place of business at 1170 Howell Mill Rd NW Suite 210, Atlanta, GA 30318 ("Flock") and the police department or government agency identified in the signature block below ("Agency") (each a "Party," and together, the "Parties"). RECITALS WHEREAS, Flock offers a software and hardware solution for automatic license plate detection through Flock's technology platform (the "Flock Service"), and upon detection, the Flock Service creates images and recordings of suspect vehicles ("Footage") and can provide notifications to Agency upon the instructions of Non- Agency End User ("Notifications"); WHEREAS, Agency desires to purchase, use and/or have installed access to the Flock Service on existing cameras, provided by Agency, or Flock provided Hardware (as defined below) in order to create, view, search and archive Footage and receive Notifications, including those from Non-Agency End Users of the Flock System (where there is an investigative purpose) such as schools, neighborhood homeowners associations, businesses, and individual users; WHEREAS, because Footage is stored for no longer than (thirty) 30 days in compliance with Flock's records retention policy, Agency is responsible for extracting, downloading and archiving Footage from the Flock System on its own storage devices for auditing for prosecutorial/administrative purposes; and WHEREAS, Flock desires to provide Agency the Flock Service and any access thereto, subject to the terms and conditions of this Agreement, solely for the purpose of crime awareness and prevention by police departments and archiving for evidence gathering ("Purpose"). AGREEMENT NOW, THEREFORE, Flock and Agency agree as follows and further agree to incorporate the Recitals into this Agreement. 1. DEFINITIONS Certain capitalized terms, not otherwise defined herein, have the meanings set forth or cross-referenced in this Section 1. 1.1 "Agency Data" means the data, media and content provided by Agency through the Services. For the avoidance of doubt, the Agency Data will include the Footage .. 1.2. "Agency Hardware" shall mean the third-party camera owned or provided by Agency and any other physical elements that interact with the Embedded Software and the Web Interface to provide the Services. The term "Agency Hardware " excludes the Embedded Software. 1.3 "Authorized End User(s)" means any individual employees, agents, or contractors of Agency accessing or using the Services through the Web Interface, under the rights granted to Agency pursuant to this Agreement. 1.4 "Documentation" means text and/or graphical documentation, whether in electronic or printed format, that describe the features, functions and operation of the Services which are provided by Flock to Agency in accordance with the terms of this Agreement. 1.5 "Embedded Software" means the software and/or firmware embedded or preinstalled on the Agency Hardware. 1.6 "Flock IP" means the Services, the Documentation, the Embedded Software, the Installation Services, and any and all intellectual property therein or otherwise provided to Agency and/or its Authorized End Users in connection with the foregoing. 1.7 "Footage" means still images captured by the Agency Hardware in the course of and provided via the Services. together with images that a Non-Agency End User has authorized Flock to share with Agency. 174 DocuSign Envelope ID: AFOF7F8C-471B-4ABA-A785-061CB7A864AB 1.8 "Hardware" or "Flock Hardware" shall mean the Flock cameras, pole, clamps, solar panel, installation components, and any other physical elements that interact with the Embedded Software and the Web Interface to provide the Flock Services. The term "Hardware" excludes the Embedded Software. 1.9 "Implementation Fee(s)" means the monetary fees associated with the Installation Services, as defined in Section 1.10 below. 1.10 "Installation Services" means the services provided by Flock including any applicable installation of Embedded Software on Agency Hardware. 1.11 "Non-Agency End User" means a Flock customer that has authorized Flock to share Footage from that user's Unit(s) with Agency. 1.12 "Services" or "Flock Services" means the provision, via the Web Interface, of Flock's software application for automatic license plate detection, searching image records, and sharing Footage. 1.13 "Support Services" means Monitoring Services, as defined in Section 2.9 below. 1.14 "Unit(s)"means the Agency Hardware together with the Embedded Software. 1.15 "Usage Fee" means the subscription fees to be paid by the Agency for ongoing access to Services. and Flock Hardware 1.16 "Web Interface" means the website(s) or application(s) through which Agency and its Authorized End Users can access the Services in accordance with the terms of this Agreement. 2. SERVICES AND SUPPORT 2.1 Provision of Access. Subject to the terms ofthis Agreement, Flock hereby grants to Agency a non-exclusive, non-transferable right to access the features and functions of the Services via the Web Interface during the Service Term (as defined in Section 6.1 below), solely for the Authorized End Users. The Footage will be available for Agency's designated administrator, the Santa Clara County Sheriffs Office, and any Authorized End Users to access via the Web Interface for thirty (30) days from the date it is created and will be deleted on a rolling thirty (30) day basis .. Authorized End Users will be required to sign up for an account and select a password and usemame ("User ID"). Flock will also provide Agency with the Documentation to be used in accessing and using the Services. Agency shall be responsible for all acts and omissions of Authorized End Users, and any act or omission by an Authorized End User which, if undertaken by Agency, would constitute a breach of this Agreement, shall be deemed a breach of this Agreement by Agency. Agency shall undertake reasonable efforts to make all Authorized End Users aware of the provisions of this Agreement as applicable to such Authorized End User's use of the Services, and shall cause Authorized End Users to comply with such provisions. Flock may use the services of one or more third parties to deliver any part of the Services, including without limitation using a third party to host the Web Interface which makes the Services available to Agency and Authorized End Users. WARRANTIES PROVIDED BY SAID THIRD PARTY SERVICE PROVIDERS ARE THE AGENCY'S SOLE AND EXCLUSIVE REMEDY AND FLOCK'S SOLE AND EXCLUSIVE LIABILITY WITH REGARD TO SUCH THIRD-PARTY SERVICES, INCLUDING WITHOUT LIMITATION HOSTING THE WEB INTERFACE. Agency agrees to comply with any acceptable use policies and other terms of any third-party service provider that are provided or otherwise made available to Agency from time to time. Flock understands and agrees that it is not authorized to access Footage except as specifically authorized by Agency following receipt of a request for access from Flock demonstrating why access is required in that instance to provide the Services. 2.2 Embedded Software License. Subject to all terms of this Agreement, Flock grants Agency a limited, non- exclusive, non-transferable, non-sublicensable (except to the Authorized End Users), revocable right to use the Embedded Software as installed on the Hardware or Agency Hardware; in each case, solely as necessary for Agency to use the Services. 175 DocuSign Envelope ID: AFOF7F8C-471 B-4ABA-A785-061 CB7 A864AB 2.3 Documentation License. Subject to the terms of this Agreement, Flock hereby grants to Agency a non- exclusive, non-transferable right and license to use the Documentation during the Service Term to Agency's in connection with its use of the Services as contemplated herein, and under Section 2.4 below. 2.4 Usage Restrictions. a. Flock IP. The purpose for usage of the Unit, Documentation, Services, support, and Flock IP are solely to facilitate gathering evidence that could be used in a lawful criminal investigation by the appropriate government agency and not for tracking activities that the system is not designed to capture ("Permitted Purpose"). Agency will not, and will not permit any Authorized End Users to, (i) copy or duplicate any of the Flock IP; (ii) decompile, disassemble, reverse engineer or otherwise attempt to obtain or perceive the source code from which any software component of any of the Flock IP is compiled or interpreted, or apply any other process or procedure to derive the source code of any software included in the Flock IP, or attempt to do any of the foregoing, and Agency acknowledges that nothing in this Agreement will be construed to grant Agency any right to obtain or use such source code; (iii) modify, alter, tamper with or repair any of the Flock IP, or create any derivative product from any of the foregoing, or attempt to do any of the foregoing, except with the prior written consent of Flock; (iv) interfere or attempt to interfere in any manner with the functionality or proper working of any of the Flock IP; (v) remove, obscure, or alter any notice of any intellectual property or proprietary right appearing on or contained within any of the Services or Flock IP; (vi) use the Services, support, Unit, Documentation or the Flock IP for anything other than the Permitted Purpose; or (vii) assign, sublicense, sell, resell, lease, rent or otherwise transfer or convey, or pledge as security or otherwise encumber, Agency's rights under Sections 2.1, 2.2, or 2.3. b. Flock Hardware. Agency understands that all Flock Hardware is owned exclusively by Flock, and that title to any Flock Hardware does not pass to Agency upon execution of this Agreement. Agency is not permitted to remove, reposition, re-install, tamper with, alter, adjust or otherwise take possession or control of Flock Hardware. Notwithstanding the notice and cure period set for in Section 6.3, Agency agrees and understands that in the event Agency is found to engage in any of the restricted actions of this Section 2.4(b), all warranties herein shall be null and void, and this Agreement shall be subject to immediate termination (without opportunity to cure) for material breach by Agency. 2.5 Retained Rights; Ownership. As between the Parties, subject to the rights granted in this Agreement, Flock and its licensors retain all right, title and interest in and to the Flock IP and its components, and Agency acknowledges that it neither owns nor acquires any additional rights in and to the foregoing not expressly granted by this Agreement. Agency further acknowledges that Flock retains the right to use the foregoing for any purpose in Flock's sole discretion. There are no implied rights. 2.6 Suspension. Notwithstanding anything to the contrary in this Agreement, Flock may temporarily suspend Agency's and any Authorized End User's access to any portion or all ofthe Flock IP if(i) Flock reasonably determines that (a) there is a threat or attack on any of the Flock IP; (b) Agency's or any Authorized End User's use of the Flock IP disrupts or poses a security risk to the Flock IP or any other Agency or vendor of Flock; (c) Agency or any Authorized End User is/are using the Flock IP for fraudulent or illegal activities; (d) Flock's provision of the Services to Agency or any Authorized End User is prohibited by applicable law; (e) any vendor of Flock has suspended or terminated Flock's access to or use of any third party services or products required to enable Agency to access the Flock IP; or (t) Agency has violated any term of this provision, including, but not limited to, utilizing the Services for anything other than the Permitted Purpose (each such suspension, in accordance with this Section 2.6, a "Service Suspension"). Flock will make commercially reasonable efforts, circumstances permitting, to provide written notice of any Service Suspension to Agency (including notices sent to Flock's registered email address) and to provide updates regarding resumption of access to the Flock IP following any Service Suspension. Flock will use commercially reasonable efforts to resume providing access to the Service as soon as reasonably possible after the event giving rise to the Service Suspension is cured. Flock will have no liability for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that Agency or any Authorized End User may incur as a result of a Service Suspension. To the extent that the Service Suspension is not caused by Agency's direct actions or by the actions of parties associated with the Agency, the expiration of the Term will be tolled by the duration of any suspension (for any continuous suspension lasting at least one full day) prorated for the proportion of cameras on the Agency's account that have been impacted. 2.7 Installation Services. 2.7 .1 Designated Locations. For installation of Flock Hardware, prior to performing the physical installation of the Units, Flock shall advise Agency on the location and positioning of the Units for optimal license plate image capture, as conditions and location allow. Flock may consider input from Agency regarding location, position and 176 DocuSign Envelope ID: AFOF7F8C-471B-4ABA-A785-061CB7A864AB angle of the Units (each Unit location so designated by Agency, a "Designated Location"). Flock shall have final discretion on location of Units. Flock shall have no liability to Agency resulting from any poor performance, functionality or Footage resulting from or otherwise relating to the Designated Locations or delay in installation due to Agency's delay in confirming Designated Locations, in ordering and/or having the Designated Location ready for installation including having all electrical work preinstalled and permits ready, if necessary. The deployment plan will confirm the Designated Location. After installation, any subsequent changes to the deployment plan ("Reinstalls") will incur a charge for Flock's then-current list price for Reinstalls, as listed in the then-current Reinstall Policy (available at https://www.flocksafety.com/reinstall-fee-schedule) and any equipment charges. These changes include but are not limited to camera re-positioning, adjusting of camera mounting, re-angling, removing foliage, camera replacement, changes to heights of poles, regardless of whether the need for Reinstalls related to vandalism, weather, theft, lack of criminal activity in view, and the like. Flock shall have full discretion on decision to reinstall Flock Hardware. 2.7.2 Agency Installation Obligations. Agency agrees to allow Flock and its agents reasonable access in and near the Designated Locations at all reasonable times upon reasonable notice for the purpose of performing the installation work. Although the Units are designed to utilize solar power, certain Designated Locations may require a reliable source of 120V AC power, as described in the deployment plan. In the event adequate solar exposure is not available Agency is solely responsible for providing a reliable source of 120V AC power to the Units, if necessary. Additionally, Agency is solely responsible for (i) any permits or associated costs, and managing the permitting process of installation of cameras or AC power; (ii) any federal, state or local taxes including property, license, privilege, sales, use, excise, gross receipts or other similar taxes which may now or hereafter become applicable to, measured by or imposed upon or with respect to the installation of the Hardware, its use (excluding tax exempt entities), or (iii) any other supplementary cost for services performed in connection with installation of the Hardware, including but not limited to contractor licensing, engineered drawings, rental of specialized equipment or vehicles, third-party personnel (i.e. Traffic Control Officers, Electricians, State DOT-approved poles, etc., if necessary), such costs to be approved by the Agency ("Agency Installation Obligations"). In the event that a Designated Location for a Unit requires permits, Flock will provide the Agency with a temporary alternate location for installation pending the permitting process. Once the required permits are obtained, Flock will relocate the Units from the temporary alternate location to the permitted location at no additional cost. Flock will provide options to supply power at each Designated Location. If Agency refuses alternative power supply options, Agency agrees and understands that Agency will not be subject to any reimbursement, tolling, or credit for any suspension period of Flock Services due to low solar. Flock will make all reasonable efforts within their control to minimize suspension of Flock Services. Any fees payable to Flock exclude the foregoing. Without being obligated or taking any responsibility for the foregoing, Flock may pay and invoice related costs to Agency if Agency did not address them prior to the execution of this Agreement or a third party requires Flock to pay. Agency represents and warrants that it has all necessary right title and authority and hereby authorizes Flock to install the Hardware at the Designated Locations and to make any necessary inspections or tests in connection with such installation. Flock is not responsible for installation of Agency Hardware. 2.7.3 Flock's Obligations. Installation of any Flock Hardware shall be installed in a workmanlike manner in accordance with Flock's standard installation procedures, and the installation will be completed within a reasonable time from the time that the Designated Locations are confirmed. Following the initial installation of the Hardware and any subsequent Reinstalls or maintenance operations, Flock's obligation to perform installation work shall cease; however, for the sole purpose of validating installation, Flock will continue to monitor the performance of the Units for the length of the Term and will receive access to the Footage for a period of three (3) business days after the initial installation in order to monitor performance and provide any necessary maintenance solely as a measure of quality control. Agency understands and agrees that the Flock Services will not function without the Hardware. Labor may be provided by Flock or a third party. Flock is not obligated to install, reinstall, or provide physical maintenance to Agency Hardware. 2.7.4 Security Interest. Flock Hardware shall remain the personal property of Flock and will be removed upon the natural expiration of this Agreement at no additional cost to Agency. Agency shall not perform any acts which would interfere with the retention oftitle of the Hardware by Flock. Should Agency default on any payment of the Flock Services, Flock may remove Hardware at Flock's discretion. Such removal, if made by Flock, shall not be deemed a waiver of Flock's rights to any damages Flock may sustain as a result of Agency's default and Flock shall have the right to enforce any other legal remedy or right. 2.8 Hazardous Conditions. Unless otherwise stated in the Agreement, Flock's price for its services under this Agreement does not contemplate work in any areas that contain hazardous materials, or other hazardous conditions, 177 DocuSign Envelope 10: AFOF7F8C-471 B-4ABA-A785-061 CB7A864AB including, without limit, asbestos, lead, toxic or flammable substances. In the event any such hazardous materials are discovered in the designated locations in which Flock is to perform services under this Agreement, Flock shall have the right to cease work immediately in the area affected until such materials are removed or rendered harmless. Any additional expenses incurred by Flock as a result of the discovery or presence of hazardous material or hazardous conditions shall be the responsibility of Agency and shall be paid promptly upon billing. 2.9 Support Services. Subject to the payment of fees, Flock shall monitor the performance and functionality of Flock Services and may, from time to time, advise Agency on changes to the Flock Services, Installation Services, or the Designated Locations which may improve the performance or functionality of the Services or may improve the quality of the Footage. The work, its timing, and the fees payable relating to such work shall be agreed by the Parties prior to any alterations to or changes of the Services or the Designated Locations ("Monitoring Services"). Subject to the terms hereof, Flock will provide Agency with reasonable technical and on-site support and maintenance services ("On- Site Services") in-person or by email at support@flocksafety.com. Flock will use commercially reasonable efforts to respond to requests for support. If Agency chooses to self-install Hardware or install Hardware on a mobile location, Flock shall make reasonable commercial efforts to provide On-Site Services, if permissible. Agency shall not be entitled to reimbursement, tolling, or credit for any lapse in Services associated with the Unit malfunction due to installation on mobile locations (i.e. trailers). Agency waives any warranties hereunder for any self-installed Hardware, and Flock shall not be liable for failure to respond to any maintenance requests for self-installed Hardware. Agency shall be subject to Reinstall Fees for re-positioning Units on mobile locations, or subsequent installation on Flock or other stationary poles. 2.10 Special Terms. From time to time, Flock may offer certain "Special Terms" related to guarantees, service and support which are indicated in the proposal and on the order form and will become part of this Agreement, upon Agency's consent. To the extent that any terms of this Agreement are inconsistent or conflict with the Special Terms, the Special Terms shall control. 2.10 Changes to Platform. Flock may, in its sole discretion, make any changes to any system or platform that it deems necessary or useful to (i) maintain or enhance (a) the quality or delivery of Flock's products or services to its Agency s, (b) the competitive strength of, or market for, Flock's products or services, (c) such platform or system's cost efficiency or performance, or (ii) to comply with applicable law. 3. RESTRICTIONS AND RESPONSIBILITIES 3.1 Agency Obligations. Upon creation of a User ID, Agency agrees to provide Flock with accurate, complete, and updated registration information. Agency may not select as its User ID a name that Agency does not have the right to use, or another person's name with the intent to impersonate that person. Agency may not transfer its account to anyone else without prior written permission of Flock. Agency will not share its account or password with anyone, and must protect the security of its account and password. Agency is responsible for any activity associated with its account. Agency shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services. Agency will, at its own expense, provide assistance to Flock, including, but not limited to, by means of access to, and use of, Agency facilities, as well as by means of assistance from Agency personnel, to the limited extent any of the foregoing may be reasonably necessary to enable Flock to perform its obligations hereunder, including, without limitation, any obligations with respect to Support Services or any Installation Services. 3.2 Agency Representations and Warranties. Agency represents, covenants, and warrants that Agency will use the Services only in compliance with this Agreement and all applicable laws and regulations, including but not limited to any laws relating to the recording or sharing of any video, photo, or audio content. To the extent allowed by the governing law of the state mentioned in Section 10.6, or if no state is mentioned in Section 10.6, by the law of the State of California, Agency hereby agrees to indemnify and hold harmless Flock against any damages, losses, liabilities, settlements and expenses. including without limitation costs and attorneys' fees, in connection with any claim or action that arises from an alleged violation ofthe foregoing, Agency's installation obligations, or otherwise from Agency's use of the Services, Flock Hardware, Agency Hardware and any Embedded Software, including any claim that such actions violate any applicable law or third party right. Although Flock has no obligation to monitor Agency's use ofthe Services, Flock may do so and may prohibit any use of the Services it believes may be (or alleged to be) in violation ofthe foregoing. 4. CONFIDENTIALITY; AGENCY DATA 178 DocuSign Envelope ID: AFOF?FBC-471 B-4ABA-A785-061 CB7 A864AB 4.1 Confidentiality. This provision is subject to any obligations under FOIA and state-specific Public Records Acts. Each Party (the "Receiving Party") understands that the other Party (the "Disclosing Party") has disclosed or may disclose business, technical or financial information relating to the Disclosing Party's business (hereinafter referred to as "Proprietary Information" of the Disclosing Party). Proprietary Information of Flock includes non-public information regarding features, functionality and performance of the Services. Proprietary Information of Agency includes non-public data provided by Agency to Flock or collected by Flock via the Unit, including the Footage, to enable the provision of the Services, which includes but is not limited to geolocation information and environmental data collected by sensors built into the Units ("Agency Data"). The Receiving Party agrees: (i) to take the same security precautions to protect against disclosure or unauthorized use of such Proprietary Information that the party takes with its own proprietary information, but in no event will a party apply less than reasonable precautions to protect such Proprietary Information, and (ii) not to use (except in performance of the Services or as otherwise permitted herein) or divulge to any third person any such Proprietary Information. Flock's use of the Proprietary Information may include processing the Proprietary Information to send Agency alerts, such as when a car exits Agency's neighborhood, or to analyze the data collected to identifY motion or other events. The Disclosing Party agrees that the foregoing shall not apply with respect to any information that the Receiving Party can document (a) is or becomes generally available to the public, or (b) was in its possession or known by it prior to receipt from the Disclosing Party, or (c) was rightfully disclosed to it without restriction by a third party, or (d) was independently developed without use of any Proprietary Information of the Disclosing Party. Nothing in this Agreement will prevent the Receiving Party from disclosing the Proprietary Information pursuant to any judicial or governmental order, provided that the Receiving Party gives the Disclosing Party reasonable prior notice of such disclosure to contest such order. For clarity, Flock may access, use, preserve and/or disclose the Footage to law enforcement authorities, government officials, and/or third parties, if legally required to do so or if Flock has a good faith beliefthat such access, use, preservation or disclosure is reasonably necessary to: (a) comply with a legal process or request; (b) enforce this Agreement, including investigation of any potential violation thereof; (c) detect, prevent or otherwise address security, fraud or technical issues; or (d) protect the rights, property or safety of Flock, its users, a third party, or the public as required or permitted by law, including respond to an emergency situation. Agency hereby expressly grants Flock a non-exclusive, worldwide, perpetual, royalty-free right and license (during and after the term hereof) to disclose the Agency Data (inclusive of any Footage) to Agency to enable law enforcement monitoring against law enforcement hotlists as well as provide Footage search access to Agency for investigative purposes only. Prior to any access, use, preservation and/ or disclosure in the foregoing instances, Flock shall provide Agency with advance written notice in a reasonably timely manner in order to provide Agency with an opportunity to object or seek injunctive or other forms of judicial relief against the request for data and/ or proposed disclosure. Having received notice prior to data being deleted, Flock may store deleted Footage in order to comply with a valid court order but such retained Footage will not be retrievable without a valid court order. 4.2 Agency Data. Agency and Non-Agency End User Data. As between Flock and Agency, all right, title and interest in the Agency Data and Non-Agency End User Data, belong to and are retained solely by Agency. Agency hereby grants to Flock a limited, non-exclusive, royalty-free, worldwide license to use the Agency Data and Non- Agency End User Data and perform all acts with respect to the Agency Data and Non-Agency End User Data as may be necessary for Flock to provide the Flock Services to Agency, including without limitation the Support Services set forth in Section 2.9 above, and a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, fully paid license to use, reproduce, modifY and distribute the Agency Data and Non-Agency End User Data as a part of the Aggregated Data (as defined in Section 4.4 below). As between Flock and Agency, Agency is solely responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness of all Agency Data and Non-Agency End User Data and makes no representation for Flock as to the accuracy, quality, integrity, legality, reliability, and appropriateness of such data. As between Agency and Non-Agency End Users that have prescribed access of Footage to Agency, each of Agency and Non-Agency End Users will share all right, title and interest in the Non- Agency End User Data. This Agreement does not by itself make any Non-Agency End User Data the sole property or the Proprietary Information of Agency. Flock will automatically delete Footage older than thirty (30) days. Agency has a thirty (30) day window to view, save and/or transmit Footage to the relevant government agency prior to its deletion. 4.3 Feedback. If Agency provides any suggestions, ideas, enhancement requests, feedback, recommendations or other information relating to the subject matter hereunder, Agency hereby assigns to Flock all right, title and interest (including intellectual property rights) with respect to or resulting from any of the foregoing. 179 DocuSign Envelope ID: AFOF7F8C-471B-4ABA-A785-061CB7A864AB 4.4 Aggregated Data. Notwithstanding anything in this Agreement to the contrary, Flock shall have the right to collect and analyze data that does not refer to or identify Agency or any individuals or de-identifies such data and other information relating to the provision, use and performance of various aspects of the Services and related systems and technologies (including, without limitation, information concerning Agency Data and data derived therefrom). For the sake of clarity, Aggregated Data is compiled anonymous data which has been stripped of any personal identifying information. Agency acknowledges that Flock will be compiling anonymized and/or aggregated data based on Agency Data and Non-Agency End User Data input into the Services (the "Aggregated Data"). Agency hereby grants Flock a non-exclusive, worldwide, perpetual, royalty-free right and license (during and after the Service Term hereof) to (i) use and distribute such Aggregated Data to improve and enhance the Services and for other marketing, development, diagnostic and corrective purposes, other Flock offerings, and crime prevention efforts, and (ii) disclose the Agency Data and Non-Agency End User Data (both inclusive of any Footage) to enable law enforcement monitoring against law enforcement hotlists as well as provide Footage search access to law enforcement for investigative purposes only. No rights or licenses are granted except as expressly set forth herein. 5. PAYMENT OF FEES 5.la Wing Fees. For Wing products, the Agency will pay Flock the first Usage Fee and the Implementation Fee (as described on the Order Form, together the "Initial Fees") as set forth on the Order Form on or before the 30th day following the Effective Date of this Agreement. Flock shall have no liability resulting from any delay by the Agency in installing the Embedded Software on the Agency Hardware. If applicable, Agency shall pay the ongoing Usage Fees set forth on the Order Form with such Usage Fees due and payable thirty (30) days in advance of each payment period. All payments will be made by either ACH, check, or credit card. 5.lb Falcon Fees. For Falcon products during the Initial Term, Agency will pay Flock ftfty percent (50%) of the first Usage Fee, the Implementation Fee and any fee for Hardware (as described on the Order Form, together the "Initial Fees") as set forth on the Order Form on or before the 30th day following receipt of initial invoice after Effective Date. Upon commencement of installation, Flock will issue an invoice for twenty-five percent (25%) of the Initial Fees, and Agency shall pay on or before 30th day following receipt of invoice. Upon completion of installation, Flock will issue an invoice for the remaining balance and Agency shall pay on or before 30th day following receipt of final invoice. Flock is not obligated to commence the Installation Services unless and until the first payment has been made and shall have no liability resulting from any delay related thereto. For a Renewal Term, as defined below, Agency shall pay the entire invoice on or before the 301h day following receipt of invoice. 5.2 Changes to Fees. Flock reserves the right to change the Fees or applicable charges and to institute new charges and Fees at the end of the Initial Term or any Renewal Term, upon sixty (60) days' notice prior to the end of such Initial Term or Renewal Term (as applicable) to Agency (which may be sent by email). If Agency believes that Flock has billed Agency incorrectly, Agency must contact Flock no later than sixty (60) days after the closing date on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit. Inquiries should be directed to Flock's Agency support department. Agency acknowledges and agrees that a failure to contact Flock within this sixty (60) day period will serve as a waiver of any claim Agency may have had as a result of such billing error. 5.3 Invoicing, Late Fees; Taxes. Flock may choose to bill through an invoice, in which case, full payment for invoices issued in any given month must be received by Flock thirty (30) days after the mailing date of the invoice. Unpaid amounts are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection, and may result in immediate termination of Service. Agency shall be responsible for all taxes associated with Services other than U.S. taxes based on Flock's net income. 6. TERl'\1 AND TERMINATION 6.la Wing Term. Subject to earlier termination as provided below, the initial term of this Agreement shall be for the period of time set forth on the Order Form (the "Initial Term"). The Initial Term shall commence upon execution of this Agreement. Following the Initial Term, unless otherwise indicated on the Order Form, this Agreement will automatically renew for successive renewal terms of the greater of one year or the length set forth 180 DocuSign Envelope 10: AFOF7F8C-471B-4ABA-A785-061CB7A864AB on the Order Form (each, a "Renewal Term", and together with the Initial Term, the "Service Term") unless either party gives the other party notice of non-renewal at least thirty (30) days prior to the end of the then-current term. 6.1 b Falcon Term. Subject to earlier termination as provided below, the initial term of this Agreement shall be for the period of time set forth on the Order Form (the "Initial Term"). The Initial Term shall commence upon first installation and validation of a Unit. Following the Initial Term, unless otherwise indicated on the Order Form, this Agreement will automatically renew for successive renewal terms for the length set forth on the Order Form (each, a "Renewal Term", and together with the Initial Term, the "Service Term") unless either party gives the other party notice of non-renewal at least thirty (30) days prior to the end of the then-current term. 6.2 Termination for Convenience. At any time during the agreed upon Term, if Agency is not fully satisfied with the service it may self-elect to terminate this Agreement for convenience. Termination for convenience will result in a one-time fee of$500 per Falcon Camera (Flock Hardware). Upon termination for convenience, a refund will be provided for Falcon Cameras, prorated for any fees for the remaining Term length set forth previously. Agency will remain liable to pay the full outstanding fees for any Wing product on the effective date of termination of that Order Form. Flock will invoice, and Agency will pay, any unbilled fees and any unpaid fees covering the remainder of the term of that Order Form had it not been terminated. Termination for convenience of the Agreement by the Agency will be effective immediately. Flock will provide advanced written notice and remove all Flock Hardware at Flock's own convenience, within a commercially reasonable period of time upon termination. 6.3 Termination. In the event of any material breach of this Agreement, the non-breaching party may terminate this Agreement prior to the end of the Service Term by giving thirty (30) days prior written notice to the breaching party; provided, however, that this Agreement will not terminate if the breaching party has cured the breach prior to the expiration of such thirty (30) day period. Either party may terminate this Agreement, without notice, (i) upon the institution by or against the other party of insolvency, receivership or bankruptcy proceedings, (ii) upon the other party's making an assignment for the benefit of creditors, or (iii) upon the other party's dissolution or ceasing to do business. Upon termination for Flock's material breach, Flock will refund to Agency a pro-rata portion of the pre- paid Fees for Services not received due to such termination. 6.5 No-Fee Term. For the Term of this Agreement, Flock will provide Agency with complimentary access to 'hot- Jist' alerts, which may include 'hot tags', stolen vehicles, Amber Alerts, etc. ("No-Fee Term"). In the event a Non- Agency End User grants Agency access to Footage and/or Notifications from a Non-Agency End User Unit, Agency will have access to Non-Agency End User Footage and/or Notifications until deletion, subject to the thirty (30) day retention policy. Non-Agency End Users and Flock may, in their sole discretion, leave access open. The No-Fee Term will survive the Term of this Agreement. Flock, in its sole discretion, can determine not to provide additional No-Fee Terms or can impose a price per No-Fee Term upon thirty (30) days' notice. Agency may terminate any No- Fee Term or access to future No-Fee Terms upon thirty (30) days' notice. 6.6 Survival. The following Sections will survive termination: 2.4, 2.5, 3, 4, 5 (with respect to any accrued rights to payment), 5.4, 6.5, 7.4, 8.1, 8.2, 8.3, 8.4, 9.1 and 10.5. 7. REMEDY; WARRANTY AND DISCLAIMER 7.1 Remedy. Upon a malfunction or failure of Flock Hardware or Embedded Software (a "Defecf'), Agency must notifY Flock's technical support as described in Section 2.9 above. If Flock is unable to correct the Defect, Flock shall, or shall instruct one of its contractors to repair or replace the Flock Hardware or Embedded Software suffering from the Defect. Flock reserves the right in their sole discretion to refuse or delay replacement or its choice of remedy for a Defect until after it has inspected and tested the affected Unit provided that such inspection and test shall occur within seventy-two (72) hours after Agency notifies the Flock of a known Defect. In the event of a Defect, Flock will repair or replace the defective Unit at no additional cost. In the event that a Unit is lost, stolen, or damaged, Agency may request that Flock replace the Unit at a fee according to the then-current Reinstall Policy (https://www.flocksafety.com/reinstall-fee-schedule). Agency shall not be required to replace subsequently lost, damaged or stolen Units, however, Agency understands and agrees that functionality, including Footage, will be materially affected due to such subsequently lost, damaged or stolen units and that Flock will have no liability to Agency regarding such affected functionality nor shall the Usage Fee or Implementation Fees owed be impacted. Flock is under no obligation to replace or repair Hardware. 7.2 Exclusions. Flock will not provide the remedy described in Section 7.1 above if any of the following exclusions apply: (a) misuse of the Flock Hardware, Agency Hardware or Embedded Software in any manner, including 181 DocuSign Envelope 10: AFOF7F8C-471B-4ABA-A785-061CB7A864AB operation of the Flock Hardware, Agency Hardware or Embedded Software in any way that does not strictly comply with any applicable specifications, documentation, or other restrictions on use provided by Flock or the Agency Hardware manufacturer; (b) damage, alteration, or modification of the Agency Hardware, Flock Hardware or Embedded Software in any way which would cause Agency Hardware, Flock Hardware or Embedded Software to malfunction; or (c) combination of the Agency Hardware or Embedded Software with software, Agency Hardware or other technology that was not expressly authorized by Flock. 7.3 Warranty. Flock shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Installation Services in a professional and workmanlike manner. Upon completion of any installation or repair, Flock shall clean and leave the area in good condition. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Flock or by third-party providers, or because of other causes beyond Flock's reasonable control, but Flock shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. 7.4 Disclaimer. THE REMEDY DESCRIBED IN SECTION 7.1 ABOVE IS AGENCY'S SOLE REMEDY, AND FLOCK'S SOLE LIABILITY, WITH RESPECT TO DEFECTIVE EMBEDDED SOFTWARE. FLOCK DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES ARE PROVIDED "AS IS" AND FLOCK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THIS DISCLAIMER OF THIS SECTION 7.4 ONLY APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE MENTIONED IN SECTION 10.6, OR IFNO STATE IS MENTIONED IN SECTION 10.6, BY THE LAW OF THE STATE OF CALIFORNIA. 7.5 Insurance. Flock and Agency will each maintain commercial general liability policies or their equivalent with policy limits reasonably commensurate with the magnitude of their business risk. Certificates oflnsurance will be provided upon request. 7.6 Force Majeure. Flock is not responsible nor liable for any delays or failures in performance from any cause beyond its control, including, but not limited to acts of God, changes to law or regulations, embargoes, war, terrorist acts, acts or omissions of third-party technology providers, riots, fires, earthquakes, floods, power blackouts, strikes, weather conditions or acts of hackers, internet service providers or any other third party or acts or omissions of Agency or any Authorized End User. 8. LIMITATION OF LIABILITY; NO FEE TERM; INDEMNITY 8.1 Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY, FLOCK AND ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL HARDWARE AND TECHNOLOGY SUPPLIERS), OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MA ITER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY, OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY, INCOMPLETENESS OR CORRUPTION OF DATA OR FOOTAGE OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (C) FOR ANY MATTER BEYOND FLOCK'S ACTUAL KNOWLEDGE OR REASONABLE CONTROL INCLUDING REPEAT CRIMINAL ACTIVITY OR INABILITY TO CAPTURE FOOTAGE OR IDENTIFY AND/OR CORRELATE A LICENSE PLATE WITH THE FBI DATABASE; (D) FOR ANY PUBLIC DISCLOSURE OF PROPRIETARY INFORMATION MADE IN GOOD FAITH; (E) FOR CRIME PREVENTION; OR (F) FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE FEES PAID AND/OR PAY ABLE BY AGENCY TO FLOCK FOR THE SERVICES UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS PRIOR TO THE ACT OR OMISSION THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT FLOCK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT OF AN EMERGENCY, AGENCY SHOULD CONTACT 911 AND SHOULD NOT RELY ON THE SERVICES. THIS LIMITATION OF LIABILITY OF SECTION 8 ONLY APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF 182 DocuSign Envelope ID: AFOF7F8C-471B-4ABA-A785-061CB7A864AB THE STATE MENTIONED IN SECTION 1 0.6, OR IF NO STATE IS MENTIONED IN SECTION 1 0.6, BY THE LAW OF THE STATE OF CALIFORNIA. 8.2 Additional No-Fee Term Requirements. IN NO EVENT SHALL FLOCK'S AGGREGATE LIABILITY, IF ANY, ARISING OUT OF OR IN ANYWAY RELATED TO THE COMPLIMENTARY NO-FEE TERM AS DESCRIBED IN SECTION 6.5 EXCEED $100, WITHOUT REGARD TO WHETHER SUCH CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE. Except for Flock's willful acts, Agency agrees to pay for Flock's attorneys' fees to defend Flock for any alleged or actual claims arising out of or in any way related to the No-Fee Term. 8.3 Responsibility. Each Party to this Agreement shall assume the responsibility and liability for the acts and omissions of its own employees, deputies, officers, or agents, in connection with the performance oftheir official duties under this Agreement. Each Party to this Agreement shall be liable (if at all) only for the torts of its own officers, agents, or employees that occur within the scope of their official duties. Agency will not pursue any claims or actions against Flock's suppliers. 8.4 Indemnity. Agency hereby agrees to indemnify and hold harmless Flock against any damages, losses, liabilities, settlements and expenses (including without limitation costs and attorneys' fees) in connection with any claim or action that arises from an alleged violation of Section 3.2, a breach of this Agreement, Agency's Installation Obligations, Agency's sharing of any data in connection with the Flock system, Flock employees or agent or Non- Agency End Users, or otherwise from Agency's use of the Services, Flock Hardware, Agency Hardware and any Software, including any claim that such actions violate any applicable law or third party right. Although Flock has no obligation to monitor Agency's use of the Services, Flock may do so and may prohibit any use of the Services it believes may be (or alleged to be) in violation of Section 3.2 or this Agreement. 9. RECORD RETENTION 9.1 Data Preservation. The Agency agrees to store Agency Data and Non-Agency End User Data in compliance with all applicable local, state and federal laws, regulations, policies and ordinances and their associated record retention schedules. As part of Agency's consideration for paid access and no-fee access to the Flock System, to the extent that Flock is required by local, state or federal law to store the Agency Data or the Non-Agency End User Data, Agency agrees to preserve and securely store this data on Flock's behalf so that Flock can delete the data from its servers and, should Flock be legally compelled by judicial or government order, Flock may retrieve the data from Agency upon demand. 10. MISCELLANEOUS 10.1 Severability. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. 10.2 Assignment. This Agreement is not assignable, transferable or sublicensable by Agency except with Flock's prior written consent. Flock may transfer and assign any of its rights and obligations, in whole or in part, under this Agreement without consent. 10.3 Entire Agreement. This Agreement, together with the Order Form(s), the then-current Reinstall Policy (https://www.flocksafety.com/reinstall-fee-schedule), and Deployment Plan(s), are the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. None of Agency's purchase orders, authorizations or similar documents will alter the terms of this Agreement, and any such conflicting terms are expressly rejected. In the event of a conflict between the terms of the Government Services Agreement and the City of Saratoga Supplemental Conditions the Supplemental Conditions shall govern. 10.4 Relationship. No agency, partnership, joint venture, or employment is created as a result ofthis Agreement and Agency does not have any authority of any kind to bind Flock in any respect whatsoever. 10.5 Costs and Attorneys' Fees. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys' fees. 183 DocuSign Envelope ID: AFOF7F8C-471B-4ABA-A785-061CB7A864AB 10.6 Governing Law; Venue. This Agreement shall be governed by the laws of the State of California without regard to its conflict of laws provisions. The parties agree that jurisdiction for such dispute or action shall be vested exclusively in the state courts of California in the County Santa Clara or in the United States District Court for the Northern District of California .. 10.7 Publicity. Unless otherwise indicated on the Order Form, Flock has the right to reference and use Agency's name and trademarks and disclose the nature of the Services provided hereunder in each case in business and development and marketing efforts, including without limitation on Flock's website. 10.8 Export. Agency may not remove or export from the United States or allow the export or re-export of the Flock IP or anything related thereto, or any direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department ofTreasury Office ofForeign Assets Control, or any other United States or foreign agency or authority. As defined in FAR section 2.101, the Services, the Hardware, the Embedded Software and Documentation are "commercial items" and according to DF AR section 252.2277014(a)(1) and (5) are deemed to be "commercial computer software" and "commercial computer software documentation." Consistent with DFAR section 227.7202 and FAR section 12.212, any use, modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by the terms of this Agreement. 10.9 Headings. The headings are merely for organization and should not be construed as adding meaning to the Agreement or interpreting the associated Sections. 10.10 Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 10.11 Authority. Each of the below signers of this Agreement represent that they understand this Agreement and have the authority to sign on behalf of and bind the organizations and individuals they are representing. 10.12 Notices. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile ore- mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested. 184 DocuSign Envelope 10: AFOF7F8C-471B-4ABA-A785-061CB7A864AB Flock Group Inc. ADDENDUM CITY OF SARATOGA SUPPLEMENTAL CONDITIONS Order Form City ofSaratoga, CA For purposes of this Addendum to the Agreement between Flock Group, Inc. and the City of Saratoga the term "Contractor" shall refer to Flock Group, Inc., and the term "City" shall be used to refer to the Customer, which is the City of Saratoga. 1. California Civil Code Compliance. Contractor is advised of, and agrees it will comply with the requirements of the California Civil Code, Division 3, Part 4, Title 1.81.23 COLLECTION OF LICENSE PLATE INFORMATION (§§1798.90.5 -1798.90.55) as applicable to an automated license plate recognition (ALPR) operator (also referred to as an "ALPR operator"). Contractor shall maintain reasonable security procedures and practices to protect ALPR information from unauthorized access, destruction, use, modification or disclosure that are at least as protective as the "Flock Safety End to End Data Security Overview," "Flock Safety CJIS Compliance Overview," and "Flock Safety Internet Security Policy," (collectively, referred to as the "Flock Security Policies") as each such policy was in effect as of January 29, 2020. Any amendment to the Flock Security Policies shall be transmitted to the City within 10 days. In the event the City determines in its sole discretion that any amendment to the Flock Security Policies either substantially reduces the privacy or security of Customer Content (including ALPR Footage) or the amendments would violate any State or Federal law, then the City shall have the right to terminate the Agreement and Flock will refund to City a pro-rata portion of the pre- paid Fees for Services not received due to such termination. 2. Disclosure of Security Breach. Contractor is advised of the requirements of the California Civil Code, section 1798.29, requiring notification to any resident of California in the event of breach of the security of the system. Contractor agrees it will notify the City immediately (and in no event more than 24 hours) upon the occurrence of any breach in the security of data that may potentiallytrigger the need for security breach notifications pursuant to Civil Code section 1798.29 or similar State or Federal law. The parties agree that the City will control the timing and content of any required security breach notification, and agree that Contractor shall fully pay or reimburse the City for the costs of providing any security breach notification required by Civil Code, section 1798.29,orsimilar State or Federal law, resulting from any security breach of the Flock Safety platform. Contractor's responsibility for the costs of providing such security breach notifications shall not be limited by any disclaimer or limitation of liability in the Agreement, including but not limited to Sections 2.1, 7.4 and 8 of the Saas Terms of this Agreement. 3. Jndemnification. To the fullest extent permitted by law, Contractor shall indemnify, defend with counsel reasonably acceptable to the City, and hold harmless the City and its officials, officers, employees, agents, contractors, consultants, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of or relating to any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state,or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Contractor or its employees, subcontractors, or agents. The foregoing obligation of Contractor shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises wholly from the negligence or willful misconduct of the City or itsofficers, employees, agents, contractors, consultants, or volunteers and (2) the actions of Contractor or its employees, subcontractor, or agents have contributed in no part to the injury, lossof life, damage to property, or violation of law. it is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the 185 DocuSign Envelope ID: AFOF7F8C-471B-4ABA-A785-061CB7A864AB California Civil Code. Acceptance by City of insurance certificates and endorsements required under the contract does not relieve Contractor from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause is a material element of the Agreement and shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. This Section 3 shall survive termination or expiration of this Agreement. Contractor's indemnification obligation pursuant to this Section shall not be limited by any disclaimer or limitation of liability in the Agreement. including but not limited to, Sections 2.1, 7.4 and 8 of the Government Agency Service Agreement. 4. Infringement. Without limiting the generality or applicability of Section 3, above, if a third party makes a claim against the City that any use of the Services in accordance with the terms of this Agreement infringes such third party's intellectual property rights, Contractor, at its sole cost and expense, will defend City against the claim and indemnify City from the damages, losses, liabilities,costs and expenses awarded by the court to the third party claiming infringement or the settlement agreed to by Contractor, provided that City: (i) notifies Contractor promptly in writing of the claim; (ii) gives Contractor sole control of the defense and any settlement negotiations; and (iii) gives Contractor reasonable assistance in the defense of such claim. If Contractor believes or it is determined that the Services violated a third party's intellectual property rights, Contractor may choose to either modify the Services to be non-infringing or obtain a license to allow for continued use, or if these alternatives are not commercially reasonable, Contractor may terminate City's use rights and refund any unused, prepaid fees City may have paid to Contractor. 5. California Public Records Act Compliance. Notwithstanding Section 4 of the Government Agency Service Agreement, Contractor expressly understands that City is a public agency subject to the California Public Records Act (Cal. Government Code§ 6250 et seq.). In the event that City receives a public records request seeking the disclosure of information that Contractor has designated as its "Proprietary Information," City shall notify Contractor, and Contractor shall be allowed to take any reasonable action to preserve the confidentiality of such information. City's obligation shall only extend to notifying Contractor of the request, and City shall have no obligation to preserve the confidentiality unless doing so is in full compliance with the law. 6. Independent Contractor. It is expressly agreed that Contractor is to perform the services described herein as an independent contractor pursuant to California Labor Code Section 3353. Nothing contained herein shall in any way be construed to make Contractor or any of its agents or employees, an agent, employee or representative of the City. Contractor shall be entirely responsible for the compensation of any employees used by Contractor in providing said services. 7. Subcontractors. Notwithstanding Section 2.1 of the Government Agency Service Agreement, if Contractor utilizes a third-party subcontractor or other vendor to provide the Services under this Agreement, Contractor shall ensure that such subcontractor(s) or vendor(s) complies with the terms of this Agreement, and shall be jointly and severally liable with the subcontractor/vendor for any breach by the subcontractor/vendor. 8. Insurance. During the entire term of this Agreement and any extension or modification thereof, the Contractor shall keep in effect insurance policies meeting the following insurance requirements: See Exhibit C-Insurance Requirements General. 9. Appropriation. City's funding of this Agreement shall be on a fiscal year basis (July 1 to June 30) and is subject to annual appropriations. Contractor acknowledges that the City is a municipal corporation and is precluded by the California Constitution and other laws from entering into obligations that financially bind future governing bodies. Nothing in this Agreement shall constitute an obligation of future governing bodies to appropriate funds for the purposes of this Agreement. The parties agree that the Initial Term and any renewal term(s) is contingent upon the appropriation of funds by the City. This Agreement will terminate immediately if funds necessary to continue the Agreement are not appropriated. City shall pay Contractor for any services performed in accordance with this Agreement up to the date of termination. 186 DocuSign Envelope 10: AFOF7F8C-471B-4ABA-A785-061CB7A864AB 10. Assjgnment. Contractor shall not assign this Agreement, or any part thereof, or any right of the Contractor hereunder without the prior written consent of the City. Notwithstanding, for purposes of this Contract, a merger, acquisition, reorganization, spin-off or other transaction involving a transfer of substantially all of the assets or common stock of either party hereto shall not be deemed an assignment. 187 DocuSign Envelope ID: AFOF7F8C-471B-4ABA-A785-061CB7A864AB flock safety ATTACHMENT 1 APPENDIX 2 to the Standard Contractual Clauses 1.0 Purpose; Confidential Information; Order of Precedence. This Appendix shall apply to Vendor's provision of Services generally pursuant to the Master Agreement, as defined in the DPA. To the extent not already defined in the Master Agreement the term "Confidential Information," as used in this Appendix shall mean all information communicated to it by the other in connection with the Master Agreement and identified as "Confidential," or a similar phrase, (b) all information communicated to Vendor that reasonably should have been understood, because of confidentiality, descriptions or similar legends, the circumstances of disclosure or the nature of the information itself, to be confidential to CITY OF SARA TOGA, and (d) Personal Data, as defined in the DPA. To the extent this Appendix conflicts with any previously agreed upon security standards or requirements in the Master Agreement or otherwise, in relation to Vendor's performance of Services for CITY OF SARATOGA, the stricter standards or requirements shall apply. 2.0 Vendor Data Security Program. Vendor agrees that ii engages in the handling or transmission of CITY OF SARATOGA's Confidential Information, and will therefore maintain a data security program that meets or exceeds the expectations defined in this Appendix 2. Vendor agrees to allow CITY OF SARATOGA to perform one information security audit annually, upon at least thirty (30) days' prior written notice, that consists of a review of Vendor's: (a) information security policies, (b) information security incident response plan, (c) vulnerability management procedures, (d) disaster recovery documentation, (e) network perimeter vulnerability scans, (f) web application vulnerability scans, (g) and location(s) where CITY OF SARATOGA Confidential Information is processed. 3.0 Information Handling, Protection, and Disposal. Vendor represents and warrants that any medium and/or media that contain CITY OF SARATOGA Confidential Information for the purposes of delivery or transfer between CITY OF SARATOGA and Vendor are sufficiently secured and protected to prevent disclosure or examination by any unauthorized party. CITY OF SARATOGA acknowledges that neither Vendor nor the Software is a primary system of record of CITY OF SARATOGA Data, and CITY OF SARATOGA shall regularly backup any files for which it intends as such. 3.1 Vendor will immediately revoke access privileges to CITY OF SARATOGA Confidential Information for separated (either voluntarily or involuntarily) Vendor personnel following such separation. 3.2 Vendor will ensure that CITY OF SARATOGA Confidential Information will be encrypted in transit and at rest using a method or tool which encrypts the CITY OF SARATOGA Confidential Information using an encryption algorithm of sufficient strength to render the CITY OF SARATOGA Confidential Information unreadable and unintelligible. 3.3 Vendor will properly dispose of any CITY OF SARATOGA Confidential Information, as well as any documents and/or media that contain any CITY OF SARATOGA Confidential Information. Vendor defines "properly dispose of CITY OF SARATOGA Confidential Information" as being in the state that is beyond recognition and beyond reconstruction. Specifically, Vendor will destroy data utilizing one of the following methods: 3.3.1 Format and overwrite the media with meaningless data (either with some fixed pattern (e.g. binary zeroes) or random data; there are numerous software utilities that are designed to securely remove files from disks) 3.3.2 Degauss the media (degaussing equipment is available for magnetic tapes and hard disks). 3.3.3 Destroy the media by crushing, incinerating, cross-cut shredding, or melting. 3.4 Upon request and within seventy-two (72) hours of destruction, Vendor will notify CITY OF SARATOGA that the CITY OF SARATOGA Confidential Information has been destroyed. Further, CITY OF SARATOGA shall maintain the right to request proof of data destruction after receipt ofthe destruction notification from Vendor. Vendor will provide CITY OF SARATOGA with proof of data destruction within seventy-two (72) hours of CITY OF SARATOGA's request. 3.5 After the termination or expiration of the Master Agreement, Vendor shall continue to protect any CITY OF SARATOGA Confidential Information in Vendor's possession in accordance with the Master Agreement, the Clauses, and this Appendix 2. 4.0 Security Awareness and Compliance. Vendor provides annual information security awareness training to its personnel assigned to provide Services to CITY OF SARATOGA. Vendor shall make the documentation available for review by CITY OF SARATOGA upon request. 5.0 Personnel Security and Suitability. Before assigning any Vendor agent, or employee to perform Services, a background check will be conducted. If, at any lime, it is discovered that a current or prospective Vendor agent, or employee being considered for assignment to perform Services has a criminal record that includes a felony, Vendor will be responsible for determining whether assigning that current or prospective Vendor agent, employee or subcontractor would be consistent with the safe and efficient performance of the Services, taking into consideration any and all appropriate factors, such as: (i) the number, nature, and gravity of 188 DocuSign Envelope ID: AFOF7F8C-471 B-4ABA-A785-061 CB7A864AB flock safety the offense(s) for which the individual was convicted and their relevance to the job duties to CITY OF SARATOGA under the Agreement, and (ii) the elapsed time and employment history since the most recent conviction and/or completion of the sentence. If a current or prospective Vendor agent, or employee attempts to withhold or falsify information pertaining to previous criminal convictions, that individual will be disqualified from any assignment to perform Services. In performing background checks for persons being considered for assignment to perform Services for CITY OF SARATOGA, Vendor is required to comply with all applicable laws. 6.0 Vulnerability Management. 6.1 Vendor will develop, maintain, and adhere to documented procedures for network vulnerability management, including quarterly scanning of systems which transmit, process, or store any CITY OF SARA TOGA Confidential Information. 6.2 Vulnerability management procedures shall define timely remediation of detected vulnerabilities. 6.3 Vendor will accurately log all activities of network vulnerability scanning and remediation, and maintain appropriate documentation of sufficient detail that demonstrates reasonable, good faith efforts to remediate vulnerabilities on systems which contain or have the potential to contain any CITY OF SARATOGA Confidential Information. 6.4 Vendor will develop, maintain, and adhere to documented procedures for web application vulnerability management. Those procedures will include automated inspection or scanning of web applications transmitting, processing, or storing any CITY OF SARATOGA Confidential Information for OW ASP Top 10. 6.5 Vendor will accurately log all activities of web application vulnerability scanning and remediation, and maintain appropriate documentation of sufficient detail that demonstrates reasonable, good faith efforts to remediate vulnerabilities in web applications which transmit, process, or store any CITY OF SARATOGA Confidential Information. CITY OF SARATOGA (Data Exporter) By:----------- Name: ________________________ _ Title: _____________________ _ Date: ____________ _ Vendor~:,.~~:nt~ b~mporter) By: --'[!.._a-f~lf'/(la;a2<G9224~~··~28"'~641~-~.,.----­ Alex Latraverse Name: ________________________ _ chief Revenue officer Title: _____________ _ 3/28/2022 Date: _____________ _ 189 DocuSign Envelope ID: AFOF7F8C-471B-4ABA-A785-061CB7A864AB flock safety ATTACHMENT 2 SUBPROCESSORS There are not any subprocessors. 190 DocuSign Envelope 10: AFOF7F8C-4 71 B-4ABA-A 785-061 CB7 A864AB CUSTOMER IMPLEMENTATION 191 TABLE OF CONTENTS 3. Implementation Timeline 4. Implementation Team 6. Things to Consider when Picking Locations 7. Customer Responsibilities: AC-Powered Cams 8. Electrician Handout Electrician Installation Steps FAQs about AC-Powered Flock Cameras 11. Installation Service Brief 12. Permitting: Pre-Install Questionnaire Time line Right of Way AC Power vs. Solar Traffic Control & Installation Methods Paperwork & Required Forms Contacts 14. *Fee Schedule 15. Help Center 16. Customer Support 192 ~TATI ON v1ELIN s eli " . REVIEW LOCATION FINALIZE LOCATION STEP 1 STEP 2 STEP 3 STEP4 ONGOING AS E f i' o c k s a f e t y ne provides general guidance and understanding of your installation process. While we typically complete installations 6-8 weeks after locations have been finalized, delays can occur as noted in the timeline below: CONFIRM CAMERA LOCATIONS WITH YOUR SALES REPRESENTATIVE Flock: Your Sales representative will present several viable options for camera locations Customer: Review Deployment Plan & approve camera locations Please Note: If Public Works is required to move forward, please obtain approval. PREPARE FOR FINALIZED CAMERA LOCATIONS Flock: Confirm Deployment Plan and signed agreement. Flock will move forward with next steps for locations that don't need permits (minimum 10 locations needed to move forward with partial installation) Customer: Prepare the below items, as needed If permits are required, begin application process If cameras will be AC-powered, hire an electrician/street department CONDUCT ON-SITE SURVEY & PLACE FLAGS: Flock: Flock technician conducts site survey to (1) evaluate solar or power access, (2) check line of sight to the road, and (3) evaluate cellular service in the area. When the technician deems the locations suitable, s/he will place a white flag at each spot. Please Note: If the initially determined locations don't meet Flock standards, we will evaluate a new location, obtain customer approval, and redo a site survey. This may push timeline for installation. CALL 811 Flock: Flock Safety will coordinate with Call 811 to mark each camera location for underground utilities within a 1 0-foot radius. Please Note: Call811 is a government service, so turnaround times may vary and is outside of Flock control. SCHEDULE INSTALLATION Flock: Flock will (1) ship any site specific materials that the technician does not have locally (2) schedule the installation date. INSTALL & VALIDATE CAMERAS Flock: After installation, your Customer Success Manager will confirm that cameras are capturing footage well and functioning properly. They will then give you full access to the system along with helpful training resources. FINALIZE ANY INSTALLATION NEEDS Flock: While we typically complete installations within 4 weeks of finalizing locations, delays may occur due to external factors. In these instances, we will continue to work through this process until your cameras are fully installed and operational. I I 17 193 IMPLEMENTATION FLOCK TEAM HOW WILL THEY SUPPORT YOU Customer Success Manager Flock Safety Support Product Implementation Specialist Your Customer Success Manager is your strategic partner for your lifetime as a Flock customer. They will be your guide through the installation process. After install, they will help you understand how best to leverage the Flock Safety tool to solve crime. You should reach out to them when you want to discuss: • Training • Benefits of features • Best practices for getting relevant data • Opportunities to expand the security network in your area • Feedback on your partnership with Flock The Flock Safety Support team is committed to answering all your day-to-day questions as quickly as possible. To get in touch with support, simply email support@flocksafety.com. Support can help you: • Request camera maintenance • Troubleshoot online platform • Contract I Billing questions • Update account information • Camera Sharing questions • Quick "How to" questions in your Flock Account Your Product Implementation Specialist is your technical product expert. They will help translate your goal for using Flock Safety cameras into a technical plan that can be executed and enable you to solve crime. Your specialist will work with you to: • Review the cameras in your deployment • Ensure that the deployment plan is set up for success from a technological standpoint in addition to meeting your goals for the product •If any of your locations require permits, a member of the Product Implementation team will assist you in packaging your application(s ). 194 I ',_.; fi'ock safety IMPLEMENTATION ~ ~ . ) ) Field Operations Team The Field Operations team is responsible for the physical installation and maintenance of cameras and associated equipment provided by Flock. This includes a large team of technicians, schedulers, and many others involved in ensuring the delivery of your product. They take the technical plan you finalized with Product Implementation and work closely with other teams at Flock to make sure that your cameras are installed quickly and safely, and in a way that maximizes the opportunity to solve crime at a specific location. *Note*: For all Installation questions or concerns, please always direct them to your Customer Success Manager and not to the technician. Please Note: On some occasions, third parties outside of Flock Safety may be (or need to be) involved in your implementation. OUTSIDE PARTY WHEN THEY MAY BE INVOLVED If your Flock cameras need to be AC powered, Electrician/Street you (customer) are responsible for providing an Department electrician to ensure power connectivity Public Works (LE) To weigh in on use of public Right of Ways or property Department of Transportation (DOT), City, If installation in your area requires permitting or County Agencies 195 THINGS TO CONSIDER PICKING LOCATIONS Falcon Cameras ·Use Cases -Flock LPRs are designed to capture images of rear license plates, aimed in the direction of traffic. -Flock LPRs are not designed to capture pedestrians, sidewalks, dumpsters, gates, other areas of non-vehicle traffic, intersections • Placement -They capture vehicles driving away from an intersection. -They cannot point into the middle of an intersection. -They should be placed after the intersection, to prevent stop and go motion activation, or "stop and go"traffic. • Mounting -They can be mounted on existing utility, light, or traffic signal poles, or 12 foot Flock poles. **NOTE** Permitting (or permission from pole owner) may be required in order to use existing infrastructure or install in specific areas, depending on local regulations & policies. -They should be mounted one per pole*. If using AC power, they can be mounted 2 per pole. *Cameras need sufficient power. Since a solar panel is required per camera, it can prevent sufficient solar power if 2 cameras and 2 solar panels were on a single pole (by blocking visibility). Therefore if relying on solar power, only one camera can be installed per pole. • They can be powered with solar panels or direct wire-in AC Power (no outlets). **NOTE** Flock does not provide Electrical services. The agency or community must work with an electrician to wire the cameras once installed. Electrician services should be completed within 2 days of installation to prevent the camera from dying. • They will require adequate cellular service using AT&T or T-Mobile to be able to process & send images • Any Flock equipment mounted over 14 feet or on a horizontal beam will require a bucket truck. If mounting in this way: • Flock will request use of a bucket truck through the customer or Public Works • If a bucket truck is not available through the customer, Flock will have to procure one. **Note** This will lead to delays on install & any subsequent maintenance visits based on bucket truck availability • Flock will likely require traffic control assistance provided by customer to install or provide maintenance with a bucket truck Solar Panels • Solar panels need unobstructed southern-facing views 196 fi"ock safety CUSTOMER AC-POWERED CAMS In the event your Flock cameras need to be AC-powered, the customer is responsible for acquiring an electrician and ensuring they connect the camera to power. See steps 2 and 6 below. f1"ock safety- Let's defeat crime toqether. · Don't Let Access to Solar Limit Your Power Needs The Flock Safety license plate reading camera system can leverage AC power to help your community solve crime no matter the location. Easy to Use Install Power Kit Work with Local Electricians Efficient Quote & Installation Process How to Get Started with a Powered Install ------·-·------- 1. Create a Deployment Plan Work with Flock to select the best location(s) for your cameras and power sources. 2. Acquire an Electrical Quote Contact an electrician to receive a quote to run 120volt AC power to the camera. 3. Sign Flock Safety Agreement Sign the Flock Safety purchase order to begin the installation of the cameras. 4. Conduct Site Survey Flock will mark camera locations. locate underground utilit1es and mark if present. 5. Install Camera Flock will install the camera and AC power kit at the specified camera location. 6. Connect Camera to Power Notify tile electrician tllat tile camera is ready for the power connection installation. Visit flocksafety.com/power-install for the full plan, FAQs & to get started! 197 DocuSign Envelope 10: AFOF7F8C-471B-4ABA-A785-061CB7A864AB fi'ock safety ELECTRICIAN Electrician Installation Steps 1. Run AC cable and conduit to thebox according to NEC Article 300 and any applicable local codes. The gland accepts lf2" conduit 2. Open the box using hinges 3. Connect AC Mains per wiringdiagram below: a. Connect AC Neutral wire to theSurge Protector white Neutral wire using the open position on the lever nut. b. Connect AC Line wire to the Surge Protector black Line wire using the open position on the lever nut. c. Connect AC Ground wire to theSurge Protector green ground wire using the open position on the lever nut. 4. Verify that both the RED LED is lit onthe front of the box 5. Close box and zip tie the box shut with the provided zip tie 6. While still on site, call Flock who will remotely verify that power is working correctly: Southeast Region -(678) 562-8766 West-Region-(804) 607-9213 Central & NE Region-(470) 868-4027 SURGE PROTECTOR ACIDC CONVERTER 24V 60W 120VAC FROM UGHT POLE (~ --- !·-· / ·-+·· I I ! 'l +-·- j v. v. v. ACN v. RED PANEL LIGHT CAMERA ·····-·---· A 198 FAQS ABOUT AC-POWEREDFLOCK CAMERAS What voltage is supported? The AC kit is designed to work with 120VAC infrastructure by default. A 240VAC version is available on request. How much power does this consume? Peak current draw is 1.5 A at 120VAC. Average power draw is roughly 30W in high traffic conditions, but may be lower when less vehicles are present. Who is responsible for contracting the el The customer is responsible for contracting an electrician. We can help answer questions, but the customer is responsible for identifying and contracting an electrician. Who is responsible for maintenance? Flock will handle all maintenance related to the camera and power equipment installed by Flock. However, any problems with the electrical supply are the responsibility of the customer. The AC junction box has two lights to indicate the presenceof power and make it easy for quick diagnosis if there is a problem related to the AC power source. In the event the camera indicates to Flock that there is a power supply problem, Flock will notify the customer and request that the customer verify the lights on the AC junction box. lfthe AC Source light is illuminated, Flock will send a technicianto investigate. If the AC source light is not illuminated the customer should check any GFCI's or breakers in the supply circuit or call the electrician who installed the power supply. How much does it cost? Work required to bring AC power to each location will be different, so exact pricing is not possible. The primary driverof cost is the distance from AC power source to the intended camera location. 199 What information do I need to provide my electrician? The Flock deployment plan and these work instructions should be sufficient to secure a quote. It will be helpful if you know the location of existing power infrastructure before creating the deployment plan. Can you plug into my existing power outlet? The Flock AC power adapter does not use a standard outlet plug, but must be directly wired into the power mains. While using outlet plugs may be convenient, they can easily be unplugged presenting a tampering risk to this critical safety infrastructure. If an outlet is close to the camera, the electrician can route power directly to the camera with a direct wire-in connection. How long does this process typically take? The installation process typically takes 6-8 weeks. In order to accelerate the process, be sure to have the electrician perform his work shortly after the Flock technician finishes installing the camera. What kind of electrician should I look for? Any licensed electrician should be able to perform this work, though we have found that those who advertise working with landscape lighting are most suited for this work. What happens if the electrician damages the equipment? The customer is responsible for contracting the electrician. Any liability associated with this work would be assumed by the customer. If any future work is required at this site due to the electrical infrastructure or the work performed by the electrician would be the responsibility of the customer. When should the electrician perform his work? Once Flock installs the camera, you will receive an email alert letting you know that this has been completed. After this, you will need to schedule the electrician to route power to the pole. What if my electrician has questions about Flock's AC Kit? You should share the AC-Power Kit Details packet with the electrician if they have questions. What if the AC power is on a timer? Sometimes the AC power will be on a timer (like used for exterior lighting). Flock requires that the AC power provided to the camera be constant. The source that the electrician uses must not be on a timing circuit. I ~ ' 200 f~"ock safety INSTALLATION SERVICE BRIEF Below outlines the statement of work for your Flock Camera Installation: WHAT IS COVERED BY FLOCK WHAT IS NOT COVERED BY FLOCK SPECIAL NOTE Flock Cameras & Online Platform Traffic Control and any associated costs Mounting Poles Electrician & ongoing electrical cost AC Power Kit (as needed) Engineering Drawings Solar Panels exc. changes during (as needed) Relocation Fees initial installation Site Surveys and Call811 Scheduling Contractor licensing fees Installation Labor Costs Permit application processing fees Including, but not Customer Support I Training Specialist mounting equipment limited to, *MASH poles or adapters Cellular Data Coverage Bucket trucks Maintenance Fees (review Fees Sheet for more details) Loss, theft, damage to Flock equipment Data storage for 30 days Camera downtime due to power outage Only applicable for AC-powered cameras *MASH poles: Manual for Assessing Safety Hardware (MASH) presents uniform guidelines for crash testing permanent and temporary highway safety features and recommends evaluation criteria to assess test results 201 f~'ock safety PERMITTING: PRE-INSTALL QUESTIONNAIRE 1. Timeline • In Flock Safety's experience, in-depth permitting requirements can add 2+ months to the installation timeline. Law enforcement agencies and city governments can work with their local Public Works or Department of Transportation offices directly to help expedite the process. When Flock Safety customers manage the permitting processes, results tend to comemore quickly. • Is your agency able to own the permitting process with Flock Safety's assistance? 2. Right of Way • Will any of the Flock Safety cameras be installed on city, state or power company owned poles or in city, county, orstate Right of Way (RoW)? What is the RoW buffer? Will additional permits or written permission be required from third-party entities (such as DOT, power company, public works, etc)? • Will any cameras be installed on city-owned traffic signal poles (vertical mass)? If yes, please provide heights/photos to determineif a bucket truck is needed for the installation. Note: If height is greater than 15 feet tall, a bucket truck is required. 3. AC Power vs. Solar • If AC powered, is there a 120V power source available, and isthere access to an electrician who can connect the existing wire to the Flock Safety powered installation kit? • If solar powered, consider the size of the solar panel and potential to impact visibility of DOT signs/signals: Single Panel: 21.25" xl4" x 2" (Length x Width x Depth) · Double Panel: 21.25" x 28" x 2" (LxWxD) I {:, <' -~·<·-: I 12 I I 202 DocuSign Envelope ID: AFOF7F8C-471B-4ABA~~785-061CB7A864AB 4. Traffic Control & Installation Methods • If a bucket truck is required, this typically necessitates afull lane to be blocked in the direction of travel. Can you provide a patrol car escort, or will full traffic control be required? Note: If traffic control is required, you may incur additional costs due to city/state requirements; Fees will be determined by quotes received. • If full traffic control required (cones, arrowboards, etc.): Will standard plans suffice, or are custom plans needed? Custom plans can double the cost, whilestandard plans can be pulled from the Manual of Uniform Traffic Control Devices (MUTCD). -Will a non-sealed copy of the traffic plan suffice?Or does the traffic plan need to be sealed and/or submitted by a professional engineer? -Are there state-specific special versions/variancesthat must be followed? • If a bucket truck is not required, the shoulder or sidewal should suffice and enable Flock Safety to proceed without traffic control systems in place. Note: In some states (i.e. California), sidewalks mayrequire signage. If signage is mandatory, Will your Public Works department be able to assist? s. Paperwork & Required Forms • Flock Safety will need copies of paperwork to completeprior to proceeding (ex. business license applications,encroachment permit applications). We can save critical time by gathering these documents upfront. We appreciate your assistance in procuring these. 6. Contacts • If Flock Safety will need to interface directly with the departments, please share the contact information of thefollowing departments: -Permitting -Public Works -Traffic Department i ;} .. ···· 203 fi'ock safety FEE SCHEDULING *Fee Schedule After a deployment plan with Designated Locations and equipment has been agreed upon by both Flock and the Customer, any subsequent changes to the deployment plan ("Reinstalls") driven by a Customer's request will incur a fee per the table below. All fees are per reinstall or required visit (in the case that a reinstall is attempted but not completed) and include labor and materials. If you have any questions, please email support@flocksafety.com. *Below fee schedule is subject to change; REINSTALL OR JOB TYPE REINSTALL FEE $150 Camera or pole relocation $500 Camera replacement as result of vandalism, theft, or third party damage $150 Pole replacement as a result of vandalism, theft, or third party damage $300 Pole upgrade $125 Angle Adjustment -Customer request $100 Installation of additional Flock Safety sign (including cost of sign) $150 Convert camera to use of electrical outlet (excluding cost of electrical work) $150 Other site visit/technician visit that does not result in a reinstall being required -- 204 f~'ock safety HELP CENTER Our Help Center is filled with tons of resources to help you navigate through the online platform. Below you will find some common questions and their relevant help article: How do I search camera footage? How do I add a user? How do I add a vehicle to my own Hot List? How do I enable browser notifications for Hot List alerts? How do I get text alerts for Hot List? How do I request camera access from other nearby agencies? How do I use the National Lookup to search for a plate? (National Lookup -network of law enforcement agencies that have opted tool/ow their Flock cameras to be used for searches) How do I reset my I another user's password? CUSTOMER SUPPORT You can reach our customer support team anytime by emailing support@flocksafety.com. They can help answer any "How-To" questions you may have. -~ ··--·1 . --."o·.-,; ·' ·,,--~ -: I 1s 205 DocuSign Envelope ID: AFOF7F8C-471 B-4ABA-A785-061 CB7A864AB 0 206 RESOLUTION NO. 22-___ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AUTHORIZING THE CITY MANAGER TO ENTER AND SUBMIT SUPPLEMENTAL ORDERS AS PART OF THE CITY OF SARATOGA AGREEMENT WITH FLOCK GROUP INC. WHEREAS, the City Council recognizes Automated License Plate Reader (ALPR) cameras can be used for a variety of public safety purposes, such as preventing crimes, recovering stolen vehicles, and aiding investigations; and WHEREAS, the City Council authorized a 1-year pilot program in partnership with Flock Group Inc. (Flock) at the February 2, 2022 City Council Meeting and an agreement between the City of Saratoga and Flock was subsequently executed; and WHEREAS, the City Council received requests from residents to increase the number of ALPR cameras in the City system as well as provide an option to place cameras at neighborhood entry points within the public right-of-way to leverage the existing City ALPR system and provide additional coverage; and WHEREAS, the City Council made ALPR cameras an allowable improvement for the City’s Landscaping and Lighting Assessment District at the September 21, 2022 City Council Meeting, providing Saratoga neighborhoods with the option to fund through property assessments cameras that will be placed in the public right- of-way, will be part of the City system and operated by the Santa Clara County Sheriff’s Office, and will remain operational independent of the City Council’s decision regarding the 1-year pilot authorized in February 2022; and WHEREAS, the City Council authorized an amendment to the City of Saratoga agreement with Flock at the December 21, 2022 City Council Meeting to allow for zones in the Landscaping and Lighting Assessment District to fund and install Flock ALPR cameras; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Saratoga hereby authorizes the City Manager to enter and submit Supplemental Orders as identified in the City of Saratoga’s amended agreement with Flock to facilitate the installation of cameras funded through the Landscaping and Lighting Assessment District. The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 21st day of December 2022 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Kookie Fitzsimmons, Mayor ATTEST: DATE: Britt Avrit, MMC, City Clerk 1597347.1 207 SARATOGA CITY COUNCIL MEETING DATE:December 21, 2022 DEPARTMENT:Administrative Services PREPARED BY:Agnes Pabis, Finance Manager SUBJECT:AB1600 Development Impact Fee Annual Report RECOMMENDED ACTION: Review and accept the annual AB1600 Development Impact Fee report for the fiscal year ended June 30, 2021 and June 30, 2022. BACKGROUND: As required under AB1600 accounting guidelines, this report provides: 1.A brief description of the type of fee; 2.The amount of the fee; 3.Beginning and ending balances of the fees; 4.Total fees collected and the interest earned, if applicable; 5.Identification of the public improvement the fees were used for; 6.Identification and timeline of public improvements any unexpended fees will be used for; 7.Description and uses for transfers or loans of fees, if applicable. The AB1600 Development Impact Fee that the City collects is also known as the Park-In-Lieu Fee. Under Saratoga’s Municipal Code 14-28.080, as a condition of approval, a sub-divider/owner shall either dedicate a portion of land or pay a fee in lieu thereof, or a combination of both at the option of the City, for the purpose of providing park or recreational facilities for each new parcel. Five acres of parkland per 1,000 residents is the standard promulgated by the National Recreation and Parks Association and is a common metric utilized by other communities in California to measure adequacy of parkland.The Open Space and Conservation Element of the City’s General Plan recognized that additional parkland must be protected and adopted this goal to provide at least five acres of parkland per 1,000 residents to maintain the City’s existing character as a small-town community surrounded by rural and open space. In support of this goal, the City established a Development Impact Fee per new parcel to provide funding for increased usage and additional park requirements brought on by the new development 208 within the City. The Park-In-Lieu Fee per subdivided parcel is calculated based upon the following formulas: Single Family Residential Unit: (2.7 people per household) X (5 acres per 1,000 residents) X ($2.4 million per acre) = $32,343 Multi-Family Residential Unit: (1.8 people per household) X (5 acres per 1,000 residents) X ($2.4 million per acre) = $21,562 Park In-lieu Fee Summary The tablesbelow summarize the activity for the Park-In-Lieu Fees collected over the last fivefiscal years and utilized as of June 30, 2021 (Table 1) and June 30, 2022 (Table 2). Remaining Park-In- Lieu Fees are re-budgeted into the assigned capital project for use in the next fiscal year, as shown in the far-right, gray-shaded column: Budgeted 2016-17 2017-18 2018-19 2019-20 2020-21 2021-22 Beginning balance 495,466$491,062$392,074$ 229,702$ 205,591$ 291,310$ Sources: Park-In-Lieu Fees 900 20,775 - - 117,804 - Funds from closed projects - - 9,328 - - - Uses: Quarry Park ADA Access 5,304 7,772 - - - - Hakone Village to Quarry Park Walkway - 100,680 9,320 - - - Saratoga Village to Quarry Park Walkway - 11,311 14,878 - - 73,811 Park & Safety Trail Improvements - - 42,956 - - - Quito/Pollard Road Open Space Impr.- - 54,546 18,616 - - Quarry Park Pond Walkway Clearing - - 50,000 - - - Hakone Gardens Infrastructure Impr.- - - 5,495 32,085 82,420 Orchard Irrigation & Tree - - - - - 100,000 Beauchamps Park Playground - - - - - 10,079 Trail Pet Stations - - - - - 25,000 Remaining Available Funds:491,062$392,074$229,702$ 205,591$ 291,310$ -$ Table 1 - 2020-21 Park In Lieu Development Fees Actual 209 No balance remains for new projects as of 2022-23. City Council may modify the adopted budget to transfer funds between projects at their discretion through the annual capital improvement program budget process. Budgeted 2017-18 2018-19 2019-20 2020-21 2021-22 2022-23 Beginning balance 491,062$392,074$229,702$ 205,591$291,310$ 1,172,556$ Sources: Park-In-Lieu Fees 20,775 - - 117,804 970,299 - Funds from closed projects - 9,328 - - - - Uses: Quarry Park ADA Access 7,772 - - - - - Hakone Village to Quarry Park Walkway 100,680 9,320 - - - - Saratoga Village to Quarry Park Walkway 11,311 14,878 - - - 223,811 Park & Safety Trail Improvements - 42,956 - - - - Quito/Pollard Road Open Space Impr.- 54,546 18,616 - - - Quarry Park Pond Walkway Clearing - 50,000 - - - - Hakone Gardens Infrastructure Impr.- - 5,495 32,085 - 82,420 Orchard Irrigation & Tree - - - - 89,053 40,948 Hakone Gardens Fence - - - - - 75,000 Quarry Park Maint. Building - - - - - 35,000 Beauchamps Park Playground - - - - - 60,079 El Quito Park Pickleball - - - - - 154,299 Joe's Trail Phase 2 - - - - - 132,000 Joe's Trail Phase 3 - - - - - 264,000 Trail Pet Stations - - - - - 25,000 Village Oaks Quarry Trail - - - - - 30,000 Hakone to Quarry Trail - - - - - 50,000 Remaining Available Funds:392,074$229,702$205,591$ 291,310$1,172,556$-$ Actual Table 2 - 2021-22 Park In Lieu Development Fees 210 SARATOGA CITY COUNCIL MEETING DATE:December 21, 2022 DEPARTMENT:City Manager’s Department PREPARED BY:James Lindsay, City Manager SUBJECT:Services Agreement for City Manager’s Department Program Support RECOMMENDED ACTION: Authorize the City Manager to execute an agreement with Crystal Bothelio to provide program support for the City Manager’s Department for an amount not to exceed $135,000. BACKGROUND: Crystal Bothelio held the position of Assistant City Manager as a permanent full-time employee from July 2019 to September 2022. The Assistant City Manager oversees programs that are key to City’s successful engagement with the community and are aligned with priorities of the City Council including public safety, City outreach, and community events. Attachment A provides detailed list of responsibilities performed by the Assistant City Manager. Upon the position becoming vacant in September 2022, recruitment to fill the position was postponed allowing time for the City Council to review the City’s financial forecast, Council priorities,and service levels in preparation for the development of the Fiscal Year 2022-23 budget. As such, Crystal was rehired as a remote temporary employee to fulfill the job duties of the Assistant City Manager and her temporary employment will end on December 21, 2022. Recruitment is tentatively scheduled to begin in late February after the Council’s Annual Retreat and City Council has concluded its review of the financial forecast, priorities, and service levels unless a different approach is directed by the City Council related to the services provided by this position. The proposed services agreement with Crystal will provide a continuation of program support in the City Manager's Department in the following key service areas until the position is filled: Administrative & City Council Policies and Procedures Public Safety and Emergency Management Public Art Program Community Services and Programs City Council Communications City Communications Strategy 211 The recruitment process to fill the position will take approximately two months to complete. If started in late February and the recruitment process is successful, a new Assistant City Manager could be hired as early as the end of April. An illustration of the Assistant City Manager job duties is provided as Attachment B. FISCAL STATEMENT: The salary savings from the vacancy are sufficient to cover the expense of the services agreement through the hiring of a new Assistant City Manager including additional hours to assist with the transition. ATTACHMENTS: Attachment A – Draft Agreement Attachment B – Illustration of Job Duties 212 Contractor: Project Name: Rev. 8/2015 City of Saratoga Services Contract Page 1 of 3 City of Saratoga Standard Services Contract This agreement is made at Saratoga, California by and between the City of Saratoga, a municipal corporation (“City”), and ______________________________________ (“Contractor”), who agree that: 1.Purpose of Contract. This is a contract for: The purpose of the contract is more specifically described in Exhibit A of this agreement (“Scope of Work and Payment Terms”). In the event of a conflict between the terms of this agreement and the Scope of Work or any of the exhibits referenced in this Exhibit A the terms of the agreement shall govern. 2.Term. Start Date: End Date: (If Start Date is left blank, start date will be date last signed below.) Or upon project completion, whichever occurs first. 3.Payment. City shall pay Contractor for work product produced and any authorized reimbursable costs pursuant to this agreement an amount not to exceed the total sum of: $___________________________________________________. This contract is a (check one): Fixed Amount Contract – Monthly Invoices Fixed Amount Contract – Deliverable/Task Based Invoices Not to Exceed Amount Contract – Hourly Services Not to Exceed amount Contract – Task Based Invoices See Exhibit A- ______ incorporated by this reference for additional payment term information. Contractor is not authorized to undertake any efforts or incur any costs whatsoever under the terms of this agreement until receipt of a fully executed Purchase Order from the Finance Department of the City of Saratoga. 213 Contractor: Project Name: Rev. 8/2015 City of Saratoga Services Contract Page 2 of 3 4.Contract Administration. The authorized representatives of City and Contractor for Contract administration are listed below. The City’s contact person is the Administrator. Contractor: Contractor Name: Contact Person: Street Address: City, State, Zip: Telephone(s): Fax: Email Address: Saratoga Business Lic. #: City of Saratoga Department: Contact Person: Street Address: City, State, Zip: Telephone: Fax: Email Address: 5.Insurance. Contractor agrees to procure and maintain insurance as required by the provisions set forth in Exhibit B. Certificates of such insurance and copies of the insurance policies and endorsements shall be delivered to City within ten (10) days after being notified of the award of the contract, and before execution of this agreement by the City. 6.General Provisions. City and Contractor agree to and shall abide by the general provisions set forth in Exhibit C. 214 Contractor: Project Name: Rev. 8/2015 City of Saratoga Services Contract Page 3 of 3 7.Supplemental Provisions. If one or both boxes are checked below this agreement includes supplemental provisions described in connection with the checked box(es): This agreement is funded in whole or in part by an entity other than City. Contractor shall comply with all rules and regulations required by such funding entity. Applicable funding entity requirements are set forth in Exhibit D. Nothing in this paragraph or in the funding entity requirements shall be construed to relieve Contractor of its duty to ensure that it is in compliance with all applicable laws and regulations. Exhibit E sets forth provisions regarding: 8.Exhibits. All exhibits referred to in this agreement are attached hereto and are by this reference incorporated herein and made a part of this agreement. 9.Entire agreement. This agreement supersedes any and all agreements, either oral or written, between the parties with respect to Contractor's completion of the Scope of Work on behalf of City and contains all of the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. No amendment, alteration, or variation of the terms of this agreement shall be valid unless made in writing and signed by the parties hereto. 10.Authority to Execute agreement. Each individual executing this agreement represents that he or she is duly authorized to sign and deliver the agreement on behalf of the party indicated and that this agreement is binding on such party in accordance with its terms. This agreement may be executed in counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties hereto have executed this agreement. Contractor City of Saratoga Signature James Lindsay, City Manager Date: Signer Name ATTEST: Signer Title Date: Britt Avrit, City Clerk Contract Description:Date: APPROVED AS TO FORM: Richard Taylor, City Attorney Date: 215 Contractor: Project Name: Rev. 8/2015 City of Saratoga Services Contract – Exhibit A Page 1 of 1 City of Saratoga Services Contract Exhibit A – Scope of Work and Payment Terms Contractor shall complete the scope of work and invoice the City in accordance with the payment terms shown below: AND/OR See Exhibit(s) A- incorporated by this reference. -End of Exhibit A - 216 Contractor: Project Name: Rev. 8/2015 City of Saratoga Services Contract – Exhibit B Page 1 of 4 City of Saratoga Services Contract Exhibit B – Insurance The insurance requirements listed below that have an “” indicated in the space before the requirement apply to this agreement together with the general requirements. Modifications or waivers to the below requirements are shown in Exhibit E. Contractor shall provide its insurance broker(s)/agent(s) with a copy of these requirements and request that they provide certificates of insurance complete with copies of all required endorsements to: Risk Manager, City of Saratoga, 13777 Fruitvale Avenue, Saratoga, CA 95070 or by email at bavrit@saratoga.ca.us with a copy to the Primary Representative listed in section 4 on page 1. During the term of this agreement Contractor shall ensure that its broker(s)/agent(s) provide the Risk Manager and Primary Representative with updated certificates of insurance reflecting continued satisfaction of the requirements of this agreement together with updated endorsements in the event of a change in the underlying insurance policy(ies). All endorsements shall be signed by a person authorized by that insurer to bind coverage on its behalf. City has the right to require Contractor’s insurer to provide complete, certified copies of all required insurance policies. As described in more detail below, the City, its officers, officials, employees, agents, and volunteers are to be covered as insureds. All certificates and endorsements must be received and approved by City before work commences. Insurance Requirements Commercial General/Business Liability Insurance with coverage at least as broad as indicated: $2,000,000 per occurrence/$2,000,000 aggregate limits for bodily injury and property damage Coverage for X, C, U hazards MUST be evidenced on the Certificate of Insurance Auto Liability Insurance with coverage as indicated: $1,000,000 combined single limit for bodily injury and property damage $500,000 combined single limit for bodily injury and property damage Garage keepers’ extra liability endorsement to extend coverage to all vehicles in the care, custody and control of the Contractor, regardless of where the vehicles are kept or driven. Professional/Errors and Omissions Liability (“E&O”) with coverage as indicated: $2,000,000 per loss/ $2,000,000 aggregate $5,000,000 per loss/ $5,000,000 aggregate 217 Contractor: Project Name: Rev. 8/2015 City of Saratoga Services Contract – Exhibit B Page 2 of 4 Workers' Compensation as required by the State of California, with statutory limits, and Employer’s Liability Insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease. The Employer's Liability policy shall be endorsed to waive any right of subrogation against the City, its employees or agents. All subcontractors used must comply with the above requirements except as noted below: General Requirements As to all of the checked insurance requirements above, the following shall apply: 1.Insurance Provisions. The policies are to contain, or be endorsed to contain, the following provisions: The City, its officers, officials, employees, agents and volunteers (each an “additional insured”) are to be covered as insureds with the same coverage and limits available to the named insured regarding: liability arising out of activities performed by or on behalf of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of the protection afforded to the City, its officers, officials, employees, agents or volunteers. Any available insurance proceeds broader than or in excess of the minimum insurance coverage requirements and/or limits specified in this agreement shall be available to the additional insured. The requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater. The additional insured coverage under Consultant’s policy shall be ''primary and non-contributory" and will not seek contribution from the City’s insurance or self-insurance and shall be at least as broad as CG 20 01 04 13. This requirement does not apply to errors and omissions insurance. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. The Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 2. Deductibles and Self Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials and employees; or (2) the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. The limits of insurance required in this agreement may be satisfied by a combination of primary and 218 Contractor: Project Name: Rev. 8/2015 City of Saratoga Services Contract – Exhibit B Page 3 of 4 umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City (if agreed to in a written contract or agreement) before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured. 3.Waiver of Subrogation. Consultant hereby grants to City a waiver of any right to subrogation which any insurer of Consultant may acquire against City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether City has received a waiver of subrogation endorsement from the insurer. 4.Verification of Coverage. Consultant shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this Exhibit. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require at any time complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications and failure to exercise this right shall not constitute a waiver of any of City’s rights pursuant to this agreement. 5. Maintenance of Coverage. Consultant shall not cancel, assign, or change any policy of insurance required by this agreement or engage in any act or omission that will cause its insurer to cancel any insurance policy required by this agreement except after providing 30 days prior notice to the City. If an insurance policy required by this agreement is unilaterally cancelled or changed by the insurer, Consultant shall immediately provide written notice to the City and obtain substitute insurance meeting the requirements of this agreement. Nothing in this paragraph relieves Consultant of its obligation to maintain all insurance required by this agreement at all times during the term of the agreement. 6.Claims Made Policies. If any of the required policies provide claims-made coverage, the coverage shall be maintained for a period of five years after completion of the contract. Consultant may satisfy this requirement by renewal of existing coverage or purchase of either prior acts or tail coverage applicable to said five-year period. 7. Acceptability of Insurers. Insurance is to be placed with insurers with a Best’s rating of no less than A: VII. 8.Subcontractors. Consultant agrees to include with all subcontractors in their subcontract the same requirements and provisions of this agreement including the indemnity and insurance requirements to the extent they apply to the scope of the subcontractor's work. Subcontractors hired by Consultant shall agree to be bound to Consultant and City in the same manner and to the same extent as Consultant is bound to the City under this agreement. Subcontractors shall further agree to include these same provisions with any sub-subcontractor. Consultant shall provide subcontractor with a copy of the indemnity and insurance provisions of this agreement as a part of Consultant’s subcontract with subcontractor. Consultant shall require all subcontractors to provide a valid certificate of insurance and the required endorsements included in the agreement prior to commencement of any work and will provide proof of compliance to the City. 219 Contractor: Project Name: Rev. 8/2015 City of Saratoga Services Contract – Exhibit B Page 4 of 4 9.Special Risks or Circumstances. City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. -End of Exhibit B- 220 Contractor: Project Name: Rev. 8/2015 City of Saratoga Services Contract – Exhibit C Page 1 of 10 City of Saratoga Services Contract Exhibit C – General Provisions 1.INDEPENDENT CONTRACTOR. City requires the services of a qualified consultant to provide the work product described in Exhibit A because it lacks the qualified personnel to provide the specified work product. Consultant is qualified to provide the required work product and is agreeable to providing such work product on the terms and conditions in this agreement. 1.1 In General. At all times during the term of this agreement, Consultant shall be an independent contractor and shall not be an employee of City. Consultant shall complete the Scope of Work hereunder in accordance with currently approved methods and practices in Consultant's field. No relationship of employer and employee is created by this agreement between the City and Consultant or any subcontractor or employee of Consultant. City shall have the right to control Consultant only with respect to specifying the results to be obtained from Consultant pursuant to this agreement. City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this agreement. Any terms in this agreement referring to direction from City shall be construed as providing for direction as to policy and the result of the Consultant’s work only, and not as to the means by which such a result is obtained. 1.2 Non-Exclusive Contract. Nothing contained in this agreement shall be construed as limiting the right of Consultant to engage in Consultant's profession separate and apart from this agreement so long as such activities do not interfere or conflict with the performance by Consultant of the obligations set forth in this agreement. Interference or conflict will be determined at the sole discretion of the City. 1.3 Standard of Care. Consultant shall complete the Scope of Work required pursuant to this agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession. All work product of whatsoever nature which Consultant delivers to City pursuant to this agreement shall be prepared in a substantial, first class and workmanlike manner and conform to the standards of quality normally observed by a person practicing in Consultant’s profession. 1.4 Qualifications. Consultant represents and warrants to City that the Consultant is qualified to perform the services as contemplated by this agreement and that all work performed under this agreement shall be performed only by personnel under the supervision of the Consultant as an employee or, if authorized by the Scope of Work, a subcontractor. All personnel engaged in the work shall be fully qualified and shall be authorized, licensed and certified under state and local law to perform such work if authorization, licensing or certification is required. The Consultant shall commit adequate resources and time to complete the project within the project schedule specified in this agreement. 221 Contractor: Project Name: Rev. 8/2015 City of Saratoga Services Contract – Exhibit C Page 2 of 10 1.5 Use of City Equipment. City shall not be responsible for any damage to persons or property as a result of the use, misuse or failure of any equipment used by Consultant, or by any of its employees, even though such equipment be furnished, rented or loaned to Consultant by City. 1.6 Payment of Taxes and Other Expenses. Should City, in its discretion, or a relevant taxing authority, including, but not limited to the Internal Revenue Service or the State Employment Development Division, determine that the Consultant is an employee for purposes of collection of any employment taxes, the amounts payable under this agreement shall be reduced by amounts equal to both the employee and employer portions of the tax due (and offsetting any credits for amounts already paid by the Consultant which can be applied against this liability). City shall then forward those amounts to the relevant taxing authority. Should a relevant taxing authority determine a liability for past services performed by the Consultant for City, upon notification of such fact by the City, the Consultant shall promptly remit such amount due or arrange with the City to have the amount due withheld from future payments to the Consultant under this agreement (again, offsetting any amounts already paid by the Consultant which can be applied as a credit against such liability). Any determination of employment status above shall be solely for the purposes of the particular tax in question, and for all other purposes of this agreement, The Consultant shall not be considered an employee of City. Notwithstanding the foregoing, should any court, arbitrator, or administrative authority determine that the Consultant is an employee for any other purpose, then the Consultant agrees to a reduction in the City's financial liability so that the City's total expenses under this agreement are not greater than they would have been had the court, arbitrator, or administrative authority determined that the Consultant was not an employee. 2.COMMUNICATION AND NOTICES. The Administrator designated in section 4 on page 1 of this agreement is authorized to receive information, interpret and define City's policies consistent with this agreement, and communicate with Consultant concerning this agreement. All correspondence and other communications shall be directed to or through the Administrator or the Administrator’s designee. 2.1 In General. All notices or communication concerning a party's compliance with the terms of this agreement shall be in writing and may be given either personally, by certified mail, return receipt requested, or by overnight express carrier. The notice shall be deemed to have been given and received on the date delivered in person or the date upon which the postal authority or overnight express carrier indicates that the mailing was delivered to the address of the receiving party. The parties shall make good faith efforts to provide advance courtesy notice of any notices or communications hereunder via e-mail. However, under no circumstances shall such courtesy notice satisfy the notice requirements set forth above; nor shall lack of such courtesy notice affect the validity of service pursuant to the notice requirement set forth above. 2.2 Addresses for Notice. Notices or communications shall be given to the parties at the addresses set forth in section 4 (“Contract Administration”) unless otherwise 222 Contractor: Project Name: Rev. 8/2015 City of Saratoga Services Contract – Exhibit C Page 3 of 10 designated in a written notice to the other party. In addition, notices to City shall be copied to: James Lindsay City Manager City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Britt Avrit City Clerk City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 These copies shall not constitute notice. 2.3 Change of Address. Any party hereto, by giving ten (10) days written notice to the other, may designate any other address as substitution of the address to which the notice or communication shall be given. 3.PAYMENT. The payments specified in this paragraph shall be the only payments to be made to Consultant in connection with Consultant’s completion of the Scope of Work pursuant to this agreement. Reimbursable expenses shall be billed only at their actual cost. Consultant shall submit all billings to City and City shall pay such billings in the manner specified in this paragraph. Payment shall be made payable to Consultant and delivered to the address specified in section 4 on page 1 of this agreement. The making of any payment by City, or the receipt thereof by the Consultant, shall in no way lessen the liability of the Consultant to correct or revise unsatisfactory work, even though the unsatisfactory character of such work may not have been apparent or detected at the time such payment was made. City may withhold payment to Consultant in any instance in which the Consultant has failed or refused to satisfy any material obligation provided for in this agreement. In no event shall City be liable for interest or late charges for any late payments. 3.1 Time and Materials. If this contract is designated as a Time and Materials contract, invoicing and payment shall be as follows: (a)Consultant shall submit invoices, not more often than once a month during the term of this agreement, based on the cost for work performed in accordance with the Rate Schedule in the Scope of Work and authorized reimbursable expenses incurred prior to the invoice date. Invoices shall contain the following information: (i)Serial identifications of bills, i.e., Bill No. 1; (ii)The beginning and ending dates of the billing period; (iii)A summary containing the total contract amount, the amount of prior billings, the total due this period, percentage of work completed, the remaining balance available for all remaining billing periods, and a brief description of work completed during the billing period. 223 Contractor: Project Name: Rev. 8/2015 City of Saratoga Services Contract – Exhibit C Page 4 of 10 (b)City shall make monthly payments, based on such invoices, for satisfactory progress in completion of the Scope of Work, and for authorized reimbursable expenses incurred. 3.2 Lump Sum. If this contract is designated as a Lump Sum contract on page 1 following completion of the work Consultant shall submit a single invoice containing the beginning and ending dates of the billing period and the total contract amount. City shall make a single payment, based on such invoice, for satisfactory completion of the Scope of Work. 4.CONTRACTOR NOT AGENT. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this agreement to bind City to any obligation whatsoever. 5.BENEFITS AND TAXES. Consultant shall not have any claim under this agreement or otherwise against City for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance, medical care, hospital care, insurance benefits, social security, disability, unemployment, workers compensation or employee benefits of any kind. Consultant shall be solely liable for and obligated to pay directly all applicable taxes, including, but not limited to, federal and state income taxes, and in connection therewith Consultant shall indemnify and hold City harmless from any and all liability that City may incur because of Consultant's failure to pay such taxes. City shall have no obligation whatsoever to pay or withhold any taxes on behalf of Consultant. 6.ASSIGNMENT PROHIBITED. The services to be performed by the Consultant are personal in character and no party to this agreement may assign any right or obligation under this agreement. Any attempted or purported assignment of any right or obligation under this agreement shall be void and of no effect. However, with the consent of the City given in writing, Consultant is entitled to subcontract such portions of the work to be performed under this agreement as may be specified by City. 7.PERSONNEL. Consultant shall assign only competent personnel to complete the Scope of Work pursuant to this agreement. In the event that City, in its sole discretion, at any time during the term of this agreement, desires the removal of any such persons, Consultant shall, immediately upon receiving notice from city of such desire of City, cause the removal of such person or persons from work in connection with the Scope of Work. 8.CONFLICT OF INTEREST. 8.1 In General. Consultant understands that its professional responsibility is solely to City. Consultant represents and warrants that it presently has no interest, and will not acquire any direct or indirect interest, that would conflict with its performance of this agreement. Consultant shall not employ or subcontract with a person having such an interest in the performance of this agreement. 8.2 Subsequent Conflict of Interest. Consultant agrees that if an actual or potential conflict of interest on the part of Consultant is discovered after award, the 224 Contractor: Project Name: Rev. 8/2015 City of Saratoga Services Contract – Exhibit C Page 5 of 10 Consultant will make a full disclosure in writing to the City. This disclosure shall include a description of actions, which the Consultant has taken or proposes to take, after consultation with the City to avoid, mitigate, or neutralize the actual or potential conflict. Within 45 days, the Consultant shall have taken all necessary steps to avoid, mitigate, or neutralize the conflict of interest to the satisfaction of the City. 8.3 Interests of City Officers and Staff. No officer, member or employee of City and no member of the City Council shall have any pecuniary interest, direct or indirect, in this agreement or the proceeds thereof. Neither Consultant nor any member of any Consultant’s family shall serve on any City board or committee or hold any such position which either by rule, practice or action nominates, recommends, or supervises Consultant's performance of the Scope of Work or authorizes funding to Consultant. 9.COMPLIANCE WITH LAWS 9.1 In General. Consultant shall keep itself fully informed of and comply with all laws, policies, general rules and regulations established by City and shall comply with the common law and all laws, ordinances, codes and regulations of governmental agencies, (including federal, state, municipal and local governing bodies) applicable to the performance of the Scope of Work hereunder. 9.2 Licenses and Permits. Consultant represents and warrants to City that it has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this agreement any licenses, permits, and approvals which are legally required for Consultant to practice its profession. In addition to the foregoing, Consultant shall obtain and maintain during the term hereof a valid City of Saratoga Business License. 10.WORK PRODUCT AND RECORDS 10.1 Property of City. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda or other written documents or materials prepared by Consultant pursuant to this agreement shall become the property of City upon completion of the work to be performed hereunder or upon termination of this agreement. Without limiting the generality of the foregoing, if, in connection with services performed under this agreement, the Consultant or its subcontractors create artwork, copy, posters, billboards, photographs, videotapes, audiotapes, systems designs, software, reports, diagrams, surveys, source codes or any other original works of authorship, such works of authorship shall be works for hire as defined under Title 17 of the United States Code, and all copyrights in such works are the property of City. If it is ever determined that any works created by the Consultant or its subcontractors under this agreement are not works for hire under U.S. law, the Consultant hereby assigns all copyrights to such works to City, grants City a royalty-free, exclusive, and irrevocable license to reproduce, publish, use, and to authorize others to do so, all such works and agrees to provide 225 Contractor: Project Name: Rev. 8/2015 City of Saratoga Services Contract – Exhibit C Page 6 of 10 any material and execute any documents necessary to effectuate such assignment and license. The Consultant may retain and use copies of such works for reference and as documentation of its experience and capabilities. 10.2 Intellectual Property. Consultant represents and warrants that it has the legal right to utilize all intellectual property it will utilize in the performance of this agreement. Consultant further represents that it shall ensure City has the legal right to utilize all intellectual property involved in and/or resulting from Consultant’s performance of this agreement. Consultant shall indemnify and hold City harmless from all loss and liability, including attorneys’ fees, court costs and all other litigation expenses for any infringement of the patent rights, copyright, trade secret or any other proprietary right or trademark, and all other intellectual property claims of any person or persons in consequence of the use by City, or any of its officers or agents, of articles or services to be supplied in the performance of this agreement. 10.3 Retention of Records. Until the expiration of five years after the furnishing of any services pursuant to this agreement, Consultant shall retain and make available to the City or any party designated by the City, upon written request by City, this agreement, and such books, documents and records of Consultant (and any books, documents, and records of any subcontractor(s)) that are necessary or convenient for audit purposes to certify the nature and extent of the reasonable cost of services to City. 10.4 Use of Recycled Paper and Electronic Documents. Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper. Documents shall be printed on both sides of the page and City shall be provided with electronic copies of documents (in Word or .pdf format) except where unusual circumstances make it infeasible to do so. 11.CONFIDENTIAL INFORMATION. Consultant shall hold any confidential information received from City in the course of performing this agreement in trust and confidence and will not reveal such confidential information to any person or entity, either during the term of the agreement or at any time thereafter. Upon expiration of this agreement, or termination as provided herein, Consultant shall return materials which contain any confidential information to City. Consultant may keep one copy for its confidential file. For purposes of this paragraph, confidential information is defined as all information disclosed to Consultant which relates to City's past, present, and future activities, as well as activities under this agreement, which information is not otherwise of public record under California law. 12.RESPONSIBILITY OF CONSULTANT. Consultant shall take all responsibility for the work, shall bear all losses and damages directly or indirectly resulting to Consultant, to any subcontractor, to the City, to City officers and employees, or to parties designated by the City, on account of the performance or character of the work, unforeseen difficulties, accidents, occurrences or other causes to the extent predicated on active or passive negligence of the Consultant or of any subcontractor. 226 Contractor: Project Name: Rev. 8/2015 City of Saratoga Services Contract – Exhibit C Page 7 of 10 13.INDEMNIFICATION. Consultant and City agree that City, its employees, agents and officials shall be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys fees, litigation costs, defense costs, court costs or any other cost incurred in relation to, as a consequence of or arising out of or in any way attributable actually, allegedly or impliedly, in whole or in part, to the performance of this agreement as set forth below. Accordingly, the provisions of this indemnity provision are intended by the parties to be interpreted and construed to provide the fullest protection possible under the law to the City. Consultant acknowledges that City would not enter into this agreement in the absence of the commitment of Consultant to indemnify and protect City as set forth below. 13.1 General Indemnity. To the fullest extent permitted by law, Consultant shall indemnify and hold harmless City, its employees, agents and officials, from any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs (including, without limitation, costs and fees of alternative dispute resolution and litigation) of any kind whatsoever without restriction or limitation, incurred in relation to, as a consequence of or arising out of or in any way attributable actually, allegedly or impliedly, in whole or in part, to Consultant, or its employees, agents, or subcontractors. All obligations under this provision are to be paid by Consultant as they are incurred by the City. 13.2 Duty to Defend. In addition to Consultant’s obligation to indemnify City, Consultant shall defend, in all legal, equitable, administrative, or special proceedings, with counsel approved by the City, the City and its councilmembers, officers, and employees, immediately upon tender to Consultant of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. An allegation or determination that persons other than Consultant are responsible for the claim does not relieve Consultant from its separate and distinct obligation to defend. The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes an obligation to provide independent defense counsel if Consultant asserts that liability is caused in whole or in part by the negligence or willful misconduct of the indemnified party. If it is finally adjudicated that liability was caused solely by the negligence or willful misconduct of an indemnified party, Consultant may submit a claim to the City for reimbursement of reasonable attorneys’ fees and defense costs in proportion to the established comparative liability of the indemnified party. 13.3 Limitation on Indemnity. Without affecting the rights of City under any provision of this agreement or this section, Consultant shall not be required to defend, indemnify, and hold harmless City as set forth above for liability attributable to the sole fault of City, provided such sole fault is determined by agreement between the parties or the findings of a court of competent jurisdiction. This exception will apply only in instances where the City is shown to have been solely at fault and not in instances where Consultant is solely or partially at fault or in instances where City's fault accounts for only a percentage of the liability involved. In those instances, the obligation of Consultant will be all-inclusive and 227 Contractor: Project Name: Rev. 8/2015 City of Saratoga Services Contract – Exhibit C Page 8 of 10 City will be held harmless, indemnified, and defended for all liability incurred, even though a percentage of the liability is attributable to conduct of the City. 13.4 Acknowledgement. Consultant acknowledges that its obligation pursuant to this section extends to liability attributable to City, if that liability is less than the sole fault of City. Consultant has no obligation under this agreement for liability proven in a court of competent jurisdiction or by written agreement between the parties to be the sole fault of City. 13.5 Scope of Consultant Obligation. The obligations of Consultant under this or any other provision of this agreement will not be limited by the provisions of any workers' compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City, its employees and officials. 13.6 Subcontractors. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subcontractor, sub tier contractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance or subject matter of this agreement. 13.7 No Waiver. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns, or heirs of Consultant and shall survive the termination of this agreement or this section. For purposes of Section 2782 of the Civil Code the parties hereto recognize and agree that this agreement is not a construction contract. By execution of this agreement, Consultant acknowledges and agrees that it has read and understands the provisions hereof and that this paragraph is a material element of consideration. City approval of insurance required by this agreement does not relieve the Consultant or subcontractors from liability under this section. 13.8 Relation to Insurance Obligations. The defense and indemnification obligations of this agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this agreement. 14.DEFAULT AND REMEDIES. 14.1 Events of default. Each of the following shall constitute an event of default hereunder: (a)Failure by Consultant to perform any obligation under this agreement and failure to cure such breach immediately upon receiving notice of such breach, if the breach is such that the City determines the health, welfare, or safety of the public is immediately endangered; or (b)Failure by either party to perform any obligation under this agreement and failure to cure such breach within fifteen (15) days of receiving notice of such breach (except for breaches subject to subparagraph (a), above); 228 Contractor: Project Name: Rev. 8/2015 City of Saratoga Services Contract – Exhibit C Page 9 of 10 provided that if the nature of the breach is such that the non-breaching party determines it will reasonably require more than fifteen (15) days to cure, the breaching party shall not be in default if it promptly commences the cure and diligently proceeds to completion of the cure. 14.2 Remedies upon default. Upon any default, the non-defaulting party shall have the right to immediately suspend or terminate this agreement, seek specific performance and/or seek damages to the full extent allowed by law. City shall have the right to contract with another party to perform this agreement 14.3 No Waiver. Failure by City to seek any remedy for any default hereunder shall not constitute a waiver of any other rights hereunder or any right to seek any remedy for any subsequent default. 15. TERMINATION. Either party may terminate this agreement with or without cause by providing 10 days’ notice in writing to the other party. The City may terminate this agreement at any time without prior notice in the event that Consultant commits a material breach of the terms of this agreement. Upon termination, this agreement shall become of no further force or affect whatsoever and each of the parties hereto shall be relieved and discharged from the rights and obligations of this agreement, subject to payment for acceptable services rendered prior to the expiration of the notice of termination and delivery to City of any work in progress, completed work, supplies, equipment, and other materials produced as a part of, or acquired in connection with the performance of this agreement, and any completed or partially completed work which, if this agreement had been completed, would have been required to be furnished to City. Notwithstanding the foregoing and section 2 on page 1, this section and the provisions of this agreement concerning insurance (Exhibit B), Funding Agency Requirements (as set forth in Exhibit D if applicable), Work Product and Records, Confidential Information, Responsibility of Consultant, Indemnification, Default and Remedies, Litigation, and Jurisdiction and Severability shall survive termination or expiration of this agreement. 16.DISPUTE RESOLUTION. The parties shall make a good faith effort to settle any dispute or claim arising under this agreement. If the parties fail to resolve such disputes or claims, they shall submit them to non-binding mediation in California at shared expense of the parties for at least 8 hours of mediation. If mediation does not arrive at a satisfactory result, arbitration, if agreed to by all parties, or litigation may be pursued. In the event any dispute resolution processes are involved, each party shall bear its own costs and attorneys’ fees. 17.LITIGATION. If any litigation is commenced between parties to this agreement concerning any provision hereof or the rights and duties of any person in relation thereto, each party shall bear its own attorneys’ fees and costs. 18.JURISDICTION AND SEVERABILITY. This agreement shall be administered and interpreted under the laws of the State of California. Jurisdiction of litigation arising from this agreement shall be in that state and venue shall be in Santa Clara County, California. If any part of this agreement is found to conflict with applicable laws, such part shall be inoperative, null and void insofar as it conflicts with said laws, but the remainder of this agreement shall be in full force and effect. 229 Contractor: Project Name: Rev. 8/2015 City of Saratoga Services Contract – Exhibit C Page 10 of 10 19.NOTICE OF NON-RENEWAL. Consultant understands and agrees that there is no representation, implication, or understanding that the City will request that work product provided by Consultant under this agreement be supplemented or continued by Consultant under a new agreement following expiration or termination of this agreement. Consultant waives all rights or claims to notice or hearing respecting any failure by City to continue to request or retain all or any portion of the work product from Consultant following the expiration or termination of this agreement. 20.PARTIES IN INTEREST. This agreement is entered only for the benefit of the parties executing this agreement and not for the benefit of any other individual, entity or person. 21.WAIVER. Neither the acceptance of work or payment for work pursuant to this agreement shall constitute a waiver of any rights or obligations arising under this agreement. The failure by the City to enforce any of Consultant’s obligations or to exercise City's rights shall in no event be deemed a waiver of the right to do so thereafter. -End of Exhibit C- 230 Contractor: Project Name: Rev. 8/2015 City of Saratoga Services Contract – Exhibit D Page 1 of 1 City of Saratoga Services Contract Exhibit D – Funding Agency Requirements This agreement is funded in part pursuant to the contract between City and _______________________________________________ (“Funding Agency”) attached hereto as Exhibit D-1 (“Funding Agreement”). In recognition of the Funding Agreement City and Contractor agree that: 1.All contractual provisions required by the Funding Agreement are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all Funding Agreement- mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this agreement. The Consultant shall not perform any act, fail to perform any act, or refuse to comply with any City requests which would cause the City to be in violation of the Funding Agreement terms and conditions. 2. If Consultant claims or receives payment from City for a service, reimbursement for which is later disallowed by the Funding Agency, the Consultant shall promptly refund the disallowed amount to City upon City’s request. At its option, City may offset the amount disallowed from any payment due or to become due to Consultant under this agreement or any other agreement. 3. City may terminate or suspend performance of this agreement if Funding Agency suspends or terminates funding pursuant to the terms of the Funding Agreement. In the event of suspension or termination City shall be obligated to fund only that portion of Consultant’s work performed prior to the suspension or termination that is not funded by the Funding Agreement. 4. By executing this agreement, the Consultant certifies that the Consultant is not suspended, debarred or otherwise excluded from participation in the program(s) supported by the Funding Agreement. Consultant acknowledges that this certification of eligibility to receive Funding Agency funds is a material term of the agreement. -End of Exhibit D- 231 Contractor: Project Name: Rev. 8/2015 City of Saratoga Services Contract – Exhibit E Page 1 of 1 City of Saratoga Services Contract Exhibit E – Special Requirements AND/OR See Exhibit(s) E- incorporated by this reference. -End of Exhibit E- 232 Assistant City Manager Illustration of Duties – September 2022 Public Safety & Emergency Management Crime Prevention o Safety Related Information & Outreach: Manage City outreach related to safety, including monthly Neighborhood Watch Newsletter and safety-related webpages o ALPR: Manage ALPR Pilot, including agreement with Flock Safety o Neighborhood Watch: Manage City of Saratoga Neighborhood Watch program, including oversight/coordination of Neighborhood Watch grant program, new group registration, Neighborhood Watch Map, Neighborhood Watch inquiries, Neighborhood Watch Joint Session, Neighborhood Watch Lead Get Together Wildfire Mitigation o FireSafe Council: Oversee agreement with FireSafe Council o County Fire/City Liaison: Serve as liaison between County Fire and City on wildfire mitigation outreach, planning, and policy matters o Structure Hardening Incentive Program: Manage City’s structure hardening incentive program Safety Events: Plan and manage safety-related events, including annual Safety Fair Public Safety Liaison: As needed coordination with County Fire and Sheriff’s Office Emergency Management o Oversight of and coordination with CERT and SARA o Serve as emergency manager Participate in as needed Op Area meetings to receive information and share situation status from Saratoga o Oversee EMPG Grant agreements with County for EOC technology purchases, including required NIMS compliance reporting o Oversee City GETS account for telephone line access during emergency Emergency/Hazard Mitigation Planning: o Community Wildfire Protection Plan Update o Local Hazard Mitigation Plan Update o Evacuation Route Assessment (required as part of Local Hazard Mitigation Plan Update) Support for Mayor & Council Mayor & Council: o Prepare regular meeting notes for Mayor o Prepare event remarks for Mayor o Write articles for Mayor as needed o Prepare email replies for Mayor and occasionally Council Members o Conduct annual new Mayor orientation to begin planning efforts for Mayor’s terms and get understanding of Mayor’s preferences and goals o Attend weekly Agenda Setting Meetings o Offer guidance and suggestions on implementation of Mayor’s priorities o Coordinate implementation of Council initiatives o Coordinate, plan, and facilitate regular meetings on Mayor’s communications needs Meetings: 233 o Oversee meeting logistics, including physical and virtual setup needs o Plan and coordinate Joint Sessions o Prepare Ceremonial Items Elections: o Assist with preparation of election workshops and candidate orientations o Assist with development of plans for New Council Member orientation post- election City Clerk: Provide support and backup to City Clerk as needed, provide guidance to City Clerk as well as information on past practices Support for Commissions Library & Community Engagement Commission: o Prepare all agenda materials o Ensure compliance with Brown Act and City policies o Provide guidance to Commission on implementation of work efforts o Develop plans for implementation of work plan items and oversee implementation o Active/Upcoming Projects: Celebrating Diversity Oral History Project, Work Plan Development Public Art Commission: o Prepare all agenda materials o Ensure compliance with Brown Act and City policies o Provide guidance to Commission on implementation of work efforts o Develop plans for implementation of work plan items and oversee implementation o Active/Upcoming Projects: Online Art Challenge, Saratoga Love Poetry, Paint the City, Montalvo Collaboration, Work Plan Development, State Route 85 & Union Pacific Overpass Artwork Commissions Generally: Work with City Clerk to provide support and guidance to Commission liaisons on operation of City Commissions. Community Tree Lighting: Coordinate annual Tree Lighting event, including preparation of outreach materials. Celebration of Light: Coordinate installation of symbols, event logistics, and event outreach in partnership with Ministerial Association. State of the City: Oversee annual State of the City event and serve as Mayor’s primary point of contact. Community Harvest: Provide guidance and support for harvest and implement efforts as needed. Summer Movie Nights: Provide guidance and support for events and implement elements of events as needed. Arbor Day: Provide guidance and support for Arbor Day. Serve as primary point of contact for Mayor. Tree City USA Application: Prepare and submit the City’s annual Tree City USA Application. Community Event and Street Closure Grant: Provide guidance on implementation of Community Event and Street Closure Grant Program. Median Banners: Provide guidance on implementation of Median Banner Program. 234 Facility Lease Agreements: Oversee and track most long-term facility lease and use agreements. Park and Facility Rentals: Provide guidance on implementation of the park and facility rental program. Youth Engagement: Provide guidance on implementation of youth engagement efforts including the Youth Commission. Community Partner Agreements:Oversee and track most community partner agreements, including payments. Service Organization Grants:Oversee payment of service organization grants. Communications Website: Manage and maintain City website with PIO. Social: Provide support to PIO on social media, including preparing social content as needed and posting when PIO is out of the office. Newsletter: Prepare and send various City newsletters as needed. Strategic Communications: Participate and provide guidance on strategic communications efforts. Outreach Materials: Prepare and distribute outreach materials as needed. Upcoming Projects: Website redesign, communications policies. Management Supervise City Manager Department staff Coordinate office coverage schedule Prepare and oversee budget 235 CITY OF SARATOGA Memorandum To: Mayor Fitzsimmons & Members of the Saratoga City Council From: James Lindsay, City Manager Meeting Date: December 21, 2022 Subject: Item 2.3. Services Agreement for City Manager’s Department Program Support –Request for Additional Information I received a request from a Council Member to provide additional information regarding the programs the Assistant City Manager supervises. Attachment B provided with the agenda packet is an illustration of duties performed and did not include the programs that are supervised by the Assistant City Manager. Broadly, the Assistant City Manager supervises programs and efforts within the City Manager’s Department (including City Clerk and Public Information Officer), Community Services (including recreation services, facility and park rentals, engagement programs, events, and grants), and Public Safety (including community-oriented crime prevention efforts and emergency management). The attached excerpts from the FY 2022-23 budget describe these programs in greater detail. 236 45 City Manager’s Department Budget CITY OF SARATOGA, CALIFORNIA ADOPTED 2022-23 BUDGET FINAL 2022-11-30 45 Fees, Licenses & Permits 23,235 100% 2022-23 City Manager's Department Revenues $23,235 Salaries & Benefits 1,154,800 68% Materials & Supplies 18,075 1% Fees & Charges 166,565 10% Consultant & Contract Services 135,000 8% Meetings, Events & Training 10,300 1% Internal Service Charges 200,063 12% 2022-23 City Manager's Department Expenditures $1,684,803 Department Overview The City Manager’s Department is comprised of the City Manager’s Office, the City Clerk’s Office, and the Public Information Office. The City Manager’s Department supports the Council’s legislative and policy interests, provides management and leadership, and direction for the City organization. The City Manager’s Department also supports Commissions, interacts with community groups, fosters community relationships, and provides public awareness of municipal programs, services, and goals through effective community outreach, using avenues including the City website, media relations, social media, and various publications. In addition, the City Manager’s Department liaises with other local agencies that provide services to the City of Saratoga through contract or other means, such as public safety and emergency preparedness. City Manager James Lindsay Assistant City Manager Crystal Bothelio City Clerk Meets legal requirements related to City records and conducting City business Public Information Responsible for community outreach 237 CITY OF SARATOGA, CALIFORNIA ADOPTED 2022-23 BUDGET FINAL 2022-11-30 46 City Manager’s Department Budget City Manager’s Office The City Manager’s Office provides leadership, oversight, and direction for City functions; supports City Council and appointed advisory bodies; nurtures community and intergovernmental relations; and cultivates public awareness of City services, programs, and activities. The Office also oversees the City Clerk and Public Information Office, and coordinates with external agencies that provide Public Safety and Emergency Preparedness services to the City. Key services include: • Provide comprehensive information, policy analysis, and support to the City Council. • Provide oversight, leadership, and direction to City functions. • Monitor state and federal legislation and effectively communicate the City’s position on legislative proposals affecting Saratoga. • Facilitate strong community and intergovernmental relations. • Cultivate public awareness of municipal services, programs, and activities. • Present a balanced budget to City Council each fiscal year which reflects the most accurate revenue estimates and economic conditions at the time. • Assure that City services are performed in accordance with City Council priorities and within the capabilities of the City’s resources. • Inform the City Council, in a timely manner, of the City’s financial condition and the future needs of the City on an ongoing basis. Fiscal Year 2022-23 Notable Budget Changes Funding for training-related travel remained reduced for 2021-22 and will continue to be low in 2022-23 assuming many training workshops and conferences will be held virtually or locally. Fiscal Year 2022-23 Work Plan and Priorities • Annual Budget – The City Manager’s Office oversees the City’s annual budget for presentation to the City Council and the community, ensuring City finances, services, and projects are properly presented and budgeted. • Management and Council Retreats – Organize and facilitate an annual management retreat to address organizational development, and to prepare for the annual City Council retreat. Organize an annual City Council retreat to facilitate policy and issue development, resulting in the generation of the City’s annual work plan and, subsequently, the operating and capital budgets. • Public Safety – In 2018, the City Council adopted a requirement for neighborhood watch groups to hold and report one gathering per year in response to community interest in a neighborhood watch program. The Neighborhood Watch grant which allows groups to receive up to $300 per year towards Neighborhood Watch efforts such as food and supplies for block parties or production of informational flyers with crime prevention tips. The City also sends a monthly electronic newsletter to Neighborhood Watch leads and mails a public safety postcard to all Saratoga residents quarterly. 238 CITY OF SARATOGA, CALIFORNIA ADOPTED 2022-23 BUDGET FINAL 2022-11-30 48 City Manager’s Department Budget City Clerk’s Office The City Clerk is responsible for meeting the legal requirements related to maintaining City records and conducting City business, as set forth in the State of California Government Code and City Municipal Code. The City Clerk prepares City Council agendas and minutes, ensures the timely indexing of resolutions, ordinances, and agreements, and maintains an accurate record of all Council proceedings. The City Clerk also works with the Santa Clara County Registrar of Voters to conduct local elections in a fair and impartial manner; and receives petitions and subpoenas on behalf of the City. Key services include: • Meet legal requirements as set forth in the State of California Government Code and City Municipal Code. • Maintain City records through timely indexing of resolutions, ordinances, and agreements. • Prepare City Council agendas and minutes. • Maintain an accurate record of Council proceedings. • Maintain custody of the City Seal. • Administer Oaths and Affirmations. • Prepare and publish legal notices. • Maintain the Saratoga Municipal Code. • Ensure Fair Political Practices Commission filings are made on a timely basis. • Ensure that all elected officials, appointed officials, and required staff meet mandatory AB 1234 biennial training requirements. • Administer recruitment process for Commission and Outside Agency Council appointments. Fiscal Year 2022-23 Notable Budget Changes • The City holds a General Municipal Election every two years for positions on the City Council. The next election will be held in November 2022. As a result, revenue and expenditure costs associated with elections have been included in the 2022-23 operating budget. • The 2022-23 operating budget also includes funding to update the City’s retention schedule, develop a trusted system for electronic records retention, and review and enhance the organization of the City’s electronic record repository for easier use by staff and the public. Fiscal Year 2022-23 Work Plan and Priorities • Records Management – The City Clerk’s Office will continue to manage the City’s records, including converting paper documents into electronic format, adding electronic documents to the City’s document management system, identifying records for final disposition, and preparing documents to be archived. • Open Government – Continue implementing open government efforts, including the Brown Act, Political Reform Act, Public Records Act, and other laws or policies that promote transparent governance. Broaden the number of public records accessible online to the public through the Laserfiche Weblink Repository. • City Contracts – Continue use of contract routing software and research of electronic signature options. • Agenda Workflow and Video Streaming – Identify opportunities to improve the new agenda workflow program that allows for review and approval of staff reports for City Council and Planning Commission meetings. Provide continued staff training on the agenda workflow program. Continue video streaming of City Council and Planning Commission meetings and archiving videos in high definition. 239 CITY OF SARATOGA, CALIFORNIA ADOPTED 2022-23 BUDGET FINAL 2022-11-30 50 City Manager’s Department Budget Public Information Office The Public Information Office is responsible for community outreach to ensure that residents have access to timely, useful, and important information. The Public Information Office oversees and maintains many of the City’s lines of communication with residents, including the City’s website, Median Banner Program, social media accounts, monthly e-newsletter, annual Saratogan, email services, videos, surveys, event tabling, flyers, and press releases. The Public Information Office also acts as a liaison between various City departments and the community when it comes to communicating information about projects and events. Key services include: • Serve as the communications link between the City and residents. • Ensure that the community has easy access to important information through various forms of media including print, online, and video. • Build community pride and positive identification with the City among residents. • Increase interest and participation in City services, projects, and activities. • Promote City Council and departmental goals, initiatives, programs, and services. • Assist in creating better internal and external communication. • Enhance the City’s relationship with the news media. Fiscal Year 2022-23 Notable Budget Changes • Funding was included in 2021-22 to assess the City’s website and communications in preparation for a website refresh in 2022-23. With the conclusion of the assessment, the 2022-23 operating budget includes a modest amount of funding for website updates above and beyond what is provided periodically by the City’s current website provider. • Printing services funding increased in 2021- 22 to accommodate outreach associated with the Housing Element Update. Due to shifting engagement priorities associated with the Housing Element, many of the City’s normally scheduled printing needs were terminated. As a result, actual expenditures were lower than expected. Fiscal Year 2022-23 Work Plan and Priorities • Community Outreach – The Public Information Office will continue the City’s efforts to improve communications through the use of traditional media (press releases, flyers), social media (Facebook, Instagram, Nextdoor, Twitter), online services (email newsletters), as well as through the City’s website and tabling at events. This outreach will enhance the City’s engagement with the community by informing the public of important City-related matters, such as meetings, events, and projects. • Photo/Video Library – Photographs and videos have become increasingly important in community outreach particularly since the City launched its Instagram account. They help grab the attention of the public and enhance the City’s messaging. • Centralized Communications – With an ever-increasing number of communication tools and launch of a new City website, the City has centralized public communications as much as possible through the Public Information Office. This ensures information from the City is shared in a manner that is consistent, accessible, strategic, and timely. As a result, the effectiveness of communications has been improved and the City has connected with a broader audience. 240 103 Community Services Department Budget CITY OF SARATOGA, CALIFORNIA ADOPTED 2022-23 BUDGET FINAL 2022-11-30 103 Department Overview The primary goal of the Community Services Department is to strengthen the City’s relationships with residents, provide community recreation services, engage the diverse populations of Saratoga, and build community. Charges for Services $2,000 1% Rental Income $255,500 99% Other Sources $200 0% 2022-23 Community Services Revenues $257,200 Salaries & Benefits $503,900 43%Materials & Supplies $13,950 1% Fees & Charges $3,900 0% Consultant & Contract Services $7,500 1% Meetings, Events & Training $2,850 0% Community Events, Grants $302,954 26%Internal Service Charges $337,361 29% 2022-23 Community Services Expenditures $1,172,415 Assistant City Manager Crystal Bothelio cbotheliio@saratoga.ca.us Recreation Services Provides recreation services to Saratoga residents Facility Rentals Manages the City facility rental program Community Engagement Strengthens relationships between the City and its residents City Events Hosts City events that bring the community together Community Event Grants Allows event organizers to seek funding in support of Community funding Community Support Services Grants Provides Grant support to outside agencies 241 CITY OF SARATOGA, CALIFORNIA ADOPTED 2022-23 BUDGET FINAL 2022-11-30 104 Community Services Department Budget Recreation In April 2019, the City Council authorized a two- year agreement with the Los Gatos Saratoga (LGS) Recreation to provide recreation services in the City of Saratoga. Per the agreement, LGS Recreation offers a variety of classes and activities at the Joan Pisani Community Center and Saratoga Prospect Center. Recreation services provide health, wellness, arts, and enrichment programs for all ages. A new lease agreement is expected prior to the end of 2021/22 fiscal year. Key services include: • Provide for classes and activities for all ages and a wide array of interests. • Provide Health and Fitness and Arts and Enrichment programs with age-appropriate activities that build developmental assets for youth and adults that will give them life skills for the future. Fiscal Year 2022-23 Notable Budget Changes The budget has been restructured in 2022-23 to move all Recreation Services revenues, which currently only includes the LGS lease payment, to the Facility Rentals portion of the budget. Fiscal Year 2022-23 Work Plan and Priorities • Recreation Services – Through an agreement with LGS Recreation, provide a variety of high quality, safe, affordable, and enjoyable activities that are convenient for residents.  2018/19 2019/20 2020/21 2021/22 2021/22 2022/23 Actuals Actuals Actuals Adopted Estimated Proposed REVENUES Fees, Licenses and Permits 7,800 - - - - - Charge for Services 360,917 6,400 - - - - Rental Income - - 14,500 14,500 14,500 - Other Sources 235 - - - - - TOTAL REVENUES 368,952$ 6,400$ 14,500$ 14,500$ 14,500$ -$ EXPENDITURES Salaries and Benefits 253,911 11,571 13,459 14,404 13,731 15,000 Operating Expenditures Materials & Supplies 11,549 - - - - - Fees & Charges 13,053 39 39 45 - - Consultants & Contracts 515,059 - - - - - Meetings, Events, Training 5,157 - - - - - Total Operating Expenditures 544,818 39 39 45 - - Fixed Assets - - - - - - Internal Service Charges 129,970 76,529 77,655 77,559 77,559 77,559 TOTAL EXPENDITURES 928,698$ 88,139$ 91,153$ 92,008$ 91,289$ 92,559$ COMMUNITY SERVICES DEPARTMENT Program 6101 GENERAL FUND REVENUES AND EXPENDITURES 242 105 Community Services Department Budget CITY OF SARATOGA, CALIFORNIA ADOPTED 2022-23 BUDGET FINAL 2022-11-30 105 Facility Rentals The Facility Rentals Program manages the City’s rental program for private individuals, non-profit, or for-profit-based groups to use for receptions, parties, events, meetings, memorials, workshops, or other community activities. Rental facilities include rooms of various sizes and uses in the Community Center and auxiliary buildings, the Warner Hutton House, the Saratoga Prospect Center complex, the Civic Theater, and numerous City park facilities. Key services include: • Provide clean, safe, and affordable space to the community for social, religious, educational, family and community groups and for key City services (e.g. meetings). • Support tenant needs in the rented buildings. • Enforce environmentally friendly purchasing and sustainability policies. • Provide affordable venues for community use. Fiscal Year 2022-23 Notable Budget Changes Rental revenue is anticipated to increase from the prior pandemic year payment of rental fees and ticket surcharge will resume as normal. Fiscal Year 2022-23 Work Plan and Priorities • Environmental Sustainability – The Facility Rental division will continue implementing environmental best practices to promote sustainability, educating and encouraging all users to follow existing green building practices, including reducing, reusing, and recycling for facility and park rentals. • Facility Rentals - Facilities staff strive to provide high quality, safe, affordable, clean, and enjoyable facilities that are convenient to residents for meetings, parties, receptions, and gatherings in a safe, sustainable, and cost-effective manner. 2018/19 2019/20 2020/21 2021/22 2021/22 2022/23 Actuals Actuals Actuals Adopted Estimated Proposed REVENUES Charge for Services - 6,215 - 3,000 - - Rental Income 367,106 224,057 134,773 168,200 208,700 255,500 TOTAL REVENUES 367,106$ 230,272$ 134,773$ 171,200$ 208,700$ 255,500$ EXPENDITURES Salaries and Benefits 232,225 241,327 219,566 278,884 227,898 287,900 Operating Expenditures Materials & Supplies 2,329 7,210 399 9,000 4,040 4,550 Fees & Charges 416 1,943 1,707 2,800 2,800 2,800 Consultant & Contracts 697 5,559 5,725 6,500 6,500 6,500 Meetings, Events, Training 156 402 25 600 600 600 Total Operating Expenditures 3,598 15,114 7,857 18,900 13,940 14,450 Internal Service Charges 232,225 220,681 231,050 235,195 235,195 235,195 TOTAL EXPENDITURES 468,048$ 477,122$ 458,473$ 532,979$ 477,033$ 537,545$ FACILITY RENTALS Program 6201 GENERAL FUND REVENUES AND EXPENDITURES 243 CITY OF SARATOGA, CALIFORNIA ADOPTED 2022-23 BUDGET FINAL 2022-11-30 106 Community Services Department Budget Community Engagement The Community Engagement Program seeks to strengthen relationships between the City and its residents, build community and civic pride, and create a more inclusive and welcoming environment for all segments of the community. This program includes youth and school engagement efforts, engagement of individuals with disabilities, seeks to engage older adults and support Age-Friendly Community efforts, and more. Key services include: • Build community and sense of civic pride. • Increase partnerships and opportunities for collaboration with local organizations that serve Saratoga residents. • Engage all segments of the Saratoga community, including those at the greatest risk for isolation. Fiscal Year 2022-23 Notable Budget Changes Events and activities funded by the Community Engagement Program are expected to return in person as the State transitions from pandemic to endemic response efforts. Division revenues are limited and consist primarily of donations and nominal participation fees for programs like Youth in Government and expenditures, other than staff, are for materials and supplies to support the programs. Fiscal Year 2022-23 Work Plan and Priorities • School Partnerships – Continue and strengthen partnerships with Saratoga-area schools. • Individuals with Disabilities – Identify ways to better serve individuals with disabilities and provide a more welcoming environment for this segment of the Saratoga community. • Community Partners – Increase connections with the various community organizations that serve residents of Saratoga to create greater awareness of services available in the City and leverage resources where appropriate. 244 CITY OF SARATOGA, CALIFORNIA ADOPTED 2022-23 BUDGET FINAL 2022-11-30 108 Community Services Department Budget City Funded Events The City of Saratoga recognizes the value of community events and their role in bringing residents together, building community, and establishing an identity for the City. The City Funded Events program covers a variety of City- hosted events. These include groundbreakings and grand openings, as well as annual events, such as the Tree Lighting Ceremony, Arbor Day, and the summer outdoor movie series among others. Key services include: • Build community and sense of civic pride. • Increase partnerships and opportunities for collaboration with local organizations that serve Saratoga residents. Fiscal Year 2022-23 Notable Budget Changes Budgeted event expenditures are restored to normal levels, with the elimination of funding for a 2nd street closure event. Revenue is not collected for these events. Fiscal Year 2022-23 Work Plan and Priorities • Individuals with Disabilities – An area of focus for the Community Services Department is to better engage and serve individuals with disabilities by creating a welcoming environment for this segment of the Saratoga community through dances and other activities. • Community Partners – The City’s engagement efforts also include strengthening partnerships with organizations in the community through sharing resources and partnering on various community events. 2018/19 2019/20 2020/21 2021/22 2021/22 2022/23 Actuals Actuals Actuals Adopted Estimated Proposed REVENUES Other Sources - - - - - - TOTAL REVENUES -$ -$ -$ -$ -$ -$ EXPENDITURES Salaries and Benefits - - - - - - Operating Expenditures Materials & Supplies - - - - - - Fees & Charges - - - - - - Consultant & Contract Services - - - - - - Meetings & Training - - - - - - Community Grants & Events 23,635 32,635 17,519 49,900 26,242 63,400 Total Operating Expenditures 23,635 32,635 17,519 49,900 26,242 63,400 Fixed Assets - - - - - - Internal Service Charges - - - - - - TOTAL EXPENDITURES 23,635$ 32,635$ 17,519$ 49,900$ 26,242$ 63,400$ GENERAL FUND REVENUES AND EXPENDITURES 245 CITY OF SARATOGA, CALIFORNIA ADOPTED 2022-23 BUDGET FINAL 2022-11-30 110 Community Services Department Budget Community Events Grants Community events help bring people together, foster a sense of pride, and can define the identity of a city. In recognition of the value of events and the City’s limited ability to host events, the City Council established a Community Event Grant Program to allow event organizers to seek funding to support community events in Saratoga. In recent years, the event grant program has evolved to include secured and competitive funding allocations. The City Council has identified several cornerstone events that now receive secured grant funding. The organizers of these events do not have to go through a formal application process to receive grant funding. Those seeking competitive grant funding may apply during the annual application process. All event grants, including secured and unsecured grants, must meet the following criteria: • Must be a volunteer-led event held in Saratoga • Event is free and open to everyone • Event concentrates on Saratoga’s character, diversity, or history • Event celebrates the community as a whole, and is not limited to a small group, such as reunions Additionally, allocations of unsecured grant funds are now capped at $2,000, secured grant recipients may not participate in the annual application process, and event organizers must obtain a minimum $1 million in liability coverage for the event. Fiscal Year 2022-23 Notable Budget Changes Competitive funding for community events grants is restored for 2022-23. The event grants awarded by the City Council help community groups pay for expenses associated with coordinating events, including City-related fees (i.e., permits, park attendants, renting parks or facilities), security, entertainment, signage, event materials and food. 2018/19 2019/20 2020/21 2021/22 2021/22 2022/23 Actuals Actuals Actuals Adopted Estimated Proposed REVENUES Other Sources - - - - - - TOTAL REVENUES -$ -$ -$ -$ -$ -$ EXPENDITURES Salaries and Benefits - - - - - - Operating Expenditures Materials & Supplies - - - - - - Fees & Charges - - - - - - Consultant & Contract Services - - - - - - Meetings & Training - - - - - - Community Grants & Events 42,881 43,278 16,813 31,500 29,500 41,500 Total Operating Expenditures 42,881 43,278 16,813 31,500 29,500 41,500 Fixed Assets - - - - - - Internal Service Charges - - - - - - TOTAL EXPENDITURES 42,881$ 43,278$ 16,813$ 31,500$ 29,500$ 41,500$ COMMUNITY EVENT GRANTS Program 6402 GENERAL FUND REVENUES AND EXPENDITURES 246 CITY OF SARATOGA, CALIFORNIA ADOPTED 2022-23 BUDGET FINAL 2022-11-30 112 Community Services Department Budget Community Support Services The Community Grants program consolidates the City’s grant support to outside agencies into one program, thereby retaining historical funding information. The City allocates grant funding to local organizations to support the services these groups provide to the Saratoga community, including: the Saratoga Chamber of Commerce for business support; West Valley Community Services for housing and food services; Catholic Charities Ombudsmen to support the poor and vulnerable; and the Saratoga Area Senior Coordinating Council (SASCC) for operational support of the Senior Center. The City also contributes in-kind services, such as building space and utilities to the Saratoga Area Senior program as the Senior Center is located in the City’s Community Center facilities. This non-profit organization provides a variety of health services – such as blood pressure checks, flu shots, vision screening, hearing tests, and senior nutrition programs, as well as social and support services – such as tax return assistance and Fifty-Five Alive driving program. Recreational games and classes, including ping-pong, card games, and karaoke are popular, and the curriculum continues to expand to other non-cost-recovery services the senior population finds valuable. Grant amounts listed reflect City funding provided to service groups and non-profit organizations. Non-monetary support, such as staff assistance, rental and permit waivers, law enforcement services, and street sweeping provided to various community groups is considered part of normal City operations and therefore not accounted for in the budget. Key services include: • Build community and sense of civic pride. • Provide critical services to vulnerable Saratoga populations. • Create a vibrant and thriving business community. • Prevent and prepare for wildfire risk. • Encourage volunteerism. Fiscal Year 2022-23 Notable Budget Changes The budget reflects a modest increase due to language in agreements with community partners, including SASCC and the Chamber of Commerce, that calls for annual escalators. 2018/19 2019/20 2020/21 2021/22 2021/22 2022/23 Actuals Actuals Actuals Adopted Estimated Proposed REVENUES Other Sources - - - - - - TOTAL REVENUES -$ -$ -$ -$ -$ -$ EXPENDITURES Salaries and Benefits - - - 7,102 - 5,300 Operating Expenditures Materials & Supplies - - - - - - Fees & Charges - - - - - - Consultant & Contract Serv - - - - - - Meetings & Training - - - - - - Community Grants 176,151 152,852 195,175 198,825 186,325 198,054 Total Operating Expenditures 176,151 152,852 195,175 198,825 186,325 198,054 TOTAL EXPENDITURES 176,151$ 152,852$ 195,175$ 205,927$ 186,325$ 203,354$ COMMUNITY SUPPORT SERVICES GRANTS Program 8301 GENERAL FUND REVENUES AND EXPENDITURES 247 115 Public Safety Department Budget CITY OF SARATOGA, CALIFORNIA ADOPTED 2022-23 BUDGET FINAL 2022-11-30 115 Department Overview The Public Safety Department is comprised of two safety-oriented programs: the Public Safety Services Program, which provides for day-to-day law enforcement services; and the Emergency Preparedness Program which prepares the City for infrequent large-scale disaster and emergency occurrences. The assorted Public Safety functions are delivered through a number of external agencies and joint efforts. The City of Saratoga contracts for law enforcement services with the Santa Clara County Sheriff’s Office. Services include traffic, patrol, and general law enforcement, as well as ancillary programs to educate the community on crime prevention, traffic safety, and emergency response. Animal control services, including licensing, animal control, and field and shelter services, are provided on contract by the City of San Jose Animal Care and Services Division (SJACS). Fire protection services are provided to Saratoga residents by Santa Clara County Fire District (SCCFD) as a separate tax-funded district. As part of the SCCFD’s emergency oversight function, they also provide the cities with staff support for coordinating city-based emergency response services. Saratoga is a member of the Silicon Valley Regional Interoperability Authority (SVRIA). This local agency coalition task force has undertaken the mission to design and implement a comprehensive public safety radio communications system to improve countywide communication. In past years, the funding formula billed the cities directly. The Emergency Preparedness Program supports the preparation of both City and community emergency response efforts in the event of a significant earthquake, fire, or other natural or man-made disasters, and coordinates with various emergency services agencies and utilities to prepare residents for self-sufficiency and proper response to emergency events. The City plans and trains for various situations in the effort to employ best practices; determine outstanding needs; create awareness; and educate City staff about their emergency response duties. The Emergency Preparedness Program receives additional support from SCC Fire and SCC Office of Emergency Services unit through grants, staff oversight assistance, and Community Emergency Response Team (CERT) training courses. The CERT programs train the Saratoga community in Emergency Preparedness through the planning and supervision of drills and exercises. Intergovernmental $267,515 73% Chargest for Services $20,000 6% Other Sources $77,000 21% 2022-23 Public Safety Revenues $364,515 Salaries & Benefits $77,000 1% Materials & Supplies $10,450 0% Fees & Charges $11,160 0% Consultant & Contract Services $7,718,012 99% Meetings, Events & Training $1,700 0% Internal Service Charges $10,565 0% 2022-23 Public Safety Expenditures $7,828,887 248 CITY OF SARATOGA, CALIFORNIA ADOPTED 2022-23 BUDGET FINAL 2022-11-30 116 Public Safety Department Budget Public Safety Since the City’s incorporation in 1956, the City has contracted for public safety services with the Santa Clara County Sheriff’s Office rather than employ in-house police services. The City has found this option very satisfactory as the Sheriff provides a full range of services and competencies associated with a large police department without the full large-city expense. This is evidenced by the City being lauded in numerous “safest cities” lists every year. For example, in 2013, Saratoga was ranked as “the safest city in California” and in 2014, the “12th safest city in the nation.” Key services include: • Law enforcement services include traffic management, patrol and code enforcement, and response to calls for service and traffic incidents. • Public education and participation in community, school, and neighborhood groups. • Crime prevention, deputy response, investigation, resolution of criminal cases, and subsequent participation in the prosecution of offenders. • Records management functions including processing deputy reports and citations, criminal and traffic warrants, and fingerprinting services. • Coordination of Emergency Response activities with SCC Fire District and City staff. Fiscal Year 2022-23 Notable Budget Changes The 2022-23 Sheriff Office services contract increased by $511,064 from the prior year due to personnel cost increases. General Fund revenue is the primary funding source for Public Safety, but the City also receives external funding support from public safety related operational activities and state funding. The City’s current 10-year contract for Public Safety services with the Santa Clara County Sheriff’s Office (7/1/2014-6/30/2024) calls for annual increases based on the lesser of either compensation increases, or CPI plus 2% for each individual year, with the increase in CalPERS rates added on to this base increase. Additional budget appropriations in the Public Safety Program support animal-related services through a contract with the City of San Jose. The Animal Control Services 20-year contract became effective on July 1, 2004 (expiring June 30, 2024) with an initial annual fee of $155,000 for the first three years. The contract allows for an increase every third year, based on a formula using the lesser of either, 1) the total of the Urban Wages and Clerical Workers for the San Francisco-Oakland-San Jose CPI increases for each of the prior three years plus 1.5% per year; or, 2) the total of the rise in San Jose Animal Control Officers salary for the prior three years. The contract’s final annual rate increase is $235,958.31, effective July 1, 2022. Fiscal Year 2022-23 Work Plan and Priorities • Crime Prevention/Neighborhood Watch - The Sheriff’s burglary suppression efforts include identifying crime hot spots and engaging in saturation patrols in high frequency areas.  The crime analyst’s crime mapping and predictive policing techniques, and the detective’s investigations and follow- up efforts have resulted in identifying and arresting suspects committing burglaries and preventing further burglaries.  Community outreach and relationship building, along with public safety presentations to educate the community on safety awareness and crime prevention will also continue.  The Sheriff’s Office support the facilitation of Neighborhood Watch groups, with the goal of encouraging citizens to report any suspicious activity immediately, ultimately bettering the quality of life for all residents. • Patrol Division – The Sheriff’s Office West Valley Patrol Division has added a bicycle unit to patrol operations.  Deputies assigned to bicycle patrol focus their enforcement efforts primarily in the business districts. Goals include maintaining a visible presence in busy shopping areas as well as building a stronger working relationship with City business partners. • K-9 Unit - The West Valley Patrol Division also added a K-9 to operations.  The K-9 was identified as a positive tool in combating residential burglaries as K-9’s are an excellent tool frequently used to track wanted 249 117 Public Safety Department Budget CITY OF SARATOGA, CALIFORNIA ADOPTED 2022-23 BUDGET FINAL 2022-11-30 117 people.  K-9s have also been proven to reduce injuries to deputies.    • School Resource Officer – School Resource Officers are active at the schools, acting as mentors to students, and conducting numerous presentations and drills with students, faculty and parents on topics including active shooter protocol, stranger danger, internet and digital media safety, bullying and suicide awareness, among others. • Community Academies – The annual teen academy provides high school students with a new perspective of law enforcement, raising their awareness of issues that may impact them currently and in their future. Last year, an adult academy was also formed, and both academies will call upon several members of the Sheriff’s Office to facilitate instruction in the areas of basic crime, criminal investigations, narcotics, and traffic investigations.   • ALPR – In 2022, the City Council directed staff to implement a 1-year Automated License Plate Reader (ALPR) pilot program. This ALPR system will capture images of vehicle license plates, then compare license plate numbers against law enforcement databases. If a plate matches a listing on a database, the system will alert the Sheriff’s Office so a deputy can be deployed to investigate. Funding for the ALPR has been included in the 2022-23 operating budget should the City Council decide to continue use of the ALPR cameras after the pilot has concluded. 2018/19 2019/20 2020/21 2021/22 2021/22 2022/23 Actuals Actuals Actuals Adopted Estimated Proposed REVENUES Taxes - - - - - - Intergovernmental Revenues 299,127 290,890 303,521 287,500 287,000 267,515 Charge for Services 22,605 17,908 21,090 20,000 19,500 20,000 Other Sources 240,388 102,680 161,832 74,000 75,900 77,000 TOTAL REVENUES 562,121$ 411,477$ 486,442$ 381,500$ 382,400$ 364,515$ EXPENDITURES Salaries and Benefits - - - - - - Operating Expenditures Materials & Supplies - - - - - - Fees & Charges 4,202 5,261 3,935 6,500 4,400 5,400 Consultants & Contract Services 5,879,322 6,277,351 6,640,019 7,061,971 7,061,970 7,593,012 Meetings, Events & Training - - - - - - Total Operating Expenditures 5,883,524 6,282,612 6,643,954 7,068,471 7,066,370 7,598,412 Fixed Assets - - - - - - Internal Service Charges - - - - - - TOTAL EXPENDITURES 5,883,524$ 6,282,612$ 6,643,954$ 7,068,471$ 7,066,370$ 7,598,412$ PUBLIC SAFETY SERVICES Program 7101 GENERAL FUND REVENUES AND EXPENDITURES 250 CITY OF SARATOGA, CALIFORNIA ADOPTED 2022-23 BUDGET FINAL 2022-11-30 118 Public Safety Department Budget Emergency Preparedness The City of Saratoga is responsible for coordinating emergency response and recovery efforts in the event of a significant earthquake, fire, or other natural or man-made disaster. To prepare for this responsibility, City staff work in conjunction with the Sheriff’s Office, Santa Clara County Fire Department (SCCFD), and the Santa Clara Office of Emergency Management (OEM) to plan and prepare for emergency situations. The City of Saratoga has a robust Community Emergency Response Team (CERT) and is fortunate to have a dedicated crew of Ham radio operators organized under the Saratoga Amateur Radio Association (SARA) that can step in to assist with emergency communications. These two organizations meet regularly to hone skills, orient members, and conduct exercises so that they can assist in disaster response efforts if needed. The members of these organizations also learn about preparing themselves and their households for emergencies. Key services include: • Prepare and update Emergency Operations Plan Annexes. • Train City staff and community members on emergency preparedness. • Maintain EOC, equipment, and technology to ensure Saratoga is in compliance with Federal, State, and County standards and requirements. • Plan and supervise emergency drills and exercises. • Oversee Emergency Management grants as available. • Oversee Community Emergency Response Team. • Develop and implement disaster event preparation practices for proper cost recovery documentation purposes. Fiscal Year 2022-23 Notable Budget Changes In anticipation of drought conditions and extremely dry vegetation, funding for fuel reduction work has again been included in the Emergency Preparedness program. Funding for an emergency preparedness consultant has been included in the 2022-23 budget in anticipation of hiring a consultant to prepare annexes to the Emergency Operations Plan and other emergency preparedness planning documents. Fiscal Year 2022-23 Work Plan and Priorities • Fuel Reduction – Due to yet another dry winter, vegetation that can fuel a wildfire is extremely dry and at risk of combustion. Funding for fuel reduction is included again in the 2022-23 budget. Evacuation routes in the City’s Wildland Urban Interface area, which is the part of the City considered at the greatest risk for wildfire, will be the priority for fuel reduction efforts. Clearing dry and dead weeds, brush, and low hanging limbs along these critical roads helps prevent spread of fire and can help keep flames further away from vehicles using evacuation routes during a disaster. • Emergency Preparedness Consultant – The Emergency Operations Plan is comprised of general procedures for disaster and emergency response, and individual topic specific plan annexes. This Plan was updated in 2018-19. Hazard specific and function specific annexes to the plan are under development, such as a Wildfire Annex and Crisis Communication Plan. Funding is also included in the 2022-23 budget to allow for development of other emergency planning documents. 251 SARATOGA CITY COUNCIL MEETING DATE:December 21, 2022 DEPARTMENT:City Manager’s Department PREPARED BY:Britt Avrit, MMC, City Clerk SUBJECT:Adoption of City Council Assignments RECOMMENDED ACTION: Adopt the Resolution establishing City Council assignments for calendar year 2023. BACKGROUND: Every December, the City Council Assignment list is reviewed and updated as needed. The updated list for 2023 includes the addition of the Silicon Valley Regional Interoperability Authority (SVRIA). This position is a two-year term and eventually will rotate between the cities of Campbell, Cupertino, Los Gatos, Monte Sereno, and Saratoga.Saratoga will be appointing the Alternate for 2023. The 2023 list also reflects removal of the Valley Transportation Authority State Route 85 Corridor Policy Advisory Board as VTA indicates the Committee is on hiatus and has not met in several years. City Council Members have been provided with the list of various assignments and have been asked to submit their assignment preferences to the City Clerk by the end of the day Tuesday, December 13, 2022. A Supplemental Memo with the Mayor’s recommended assignment list will be provided before the meeting on December 21, 2022. ATTACHMENTS: Attachment A –Resolution Approving City Council Assignments (to be provided as a Supplemental Memo) Attachment B –City Council Assignment Descriptions 252 Saratoga City Council Assignment Descriptions AGENCY ASSIGNMENTS – VOTING DESCRIPTION Association of Bay Area Government (ABAG) General Assembly ABAG is the Regional Planning Agency for the nine counties in the San Francisco Bay Area. The General Assembly includes one delegate from each of the nine counties as well as one delegate from each of the cities in those nine counties. The General Assembly reviews policy recommendations from the ABAG Executive Board, establishes annual membership fees, reviews the ABAG Association bylaws, and considers policy, annual budget, and work program during the General Assembly Conference. • More Information: https://abag.ca.gov/about-abag/what-we-do/how-we-govern/general- assembly • Contact: Fred Castro, ABAG Clerk of the Board fcastro@bayareametro.gov • Meeting Schedule: The ABAG General Assembly meets annually, usually in June. Meetings are in the Bay Area Metro Center, 375 Beale Street, San Francisco, unless otherwise noted. MEETING VIA ZOOM UNTIL FURTHER NOTICE Cities Association of Santa Clara County Legislative Action Committee (LAC) Pending City Council approval to join the proposed Joint Powers Authority The Cities Association Legislative Action Committee considers regional and statewide issues that are of interest to the cities of Santa Clara County. The Committee includes one representative of each city in the County. • More Information: http://citiesassociation.org • Contact: Shali Sirkay, Executive Director (408) 314-7440 executive_director@citiesassociation.org • Meeting Schedule: The Legislative Action Committee meets the second Thursday of the month at 6:00 p.m. (unless a CSC meeting is called), scheduled as needed at Los Altos Community Center, 97 Hillview Avenue in Los Altos. COMMITTEE MEMBERS HAVE THE OPTION TO ATTEND EITHER IN PERSON OR VIA ZOOM. Cities Association of Santa Clara County City Selection Committee (CSC) The Cities Association Selection Committee periodically convenes to make appointments to regional and local bodies, pursuant to Government Code 50270-50279.4. The draft Joint Powers Authority agreement proposes the Committee includes the Mayor of each city in the County. JPA membership would not be required. • More Information: http://citiesassociation.org • Contact: Shali Sirkay, Executive Director (408) 314-7440 executive_director@citiesassociation.org • Meeting Schedule: The Cities Selection Committee scheduled as needed, replaces LAC meeting at 6:00 p.m., at Los Altos Community Center, 97 Hillview Avenue in Los Altos. COMMITTEE MEMBERS HAVE THE OPTION TO ATTEND EITHER IN PERSON OR VIA ZOOM. 253 Cities Association of Santa Clara County Board of Directors Pending City Council approval to join the proposed Joint Powers Authority The Cities Association of Santa Clara County is an association of the 15 cities and the County. It serves as a forum to discuss issues of mutual concern. The Board of Directors includes one representative of each city in the County. • More Information: http://citiesassociation.org • Contact: Shali Sirkay, Executive Director (408) 314-7440 executive_director@citiesassociation.org • Meeting Schedule: Meetings are held on the second Thursday of every month, except July, at 7:00 p.m. (or immediately following LAC/CSC meeting) at Los Altos Community Center, 97 Hillview Avenue in Los Altos. BOARD MEMBERS HAVE THE OPTION TO ATTEND EITHER IN PERSON OR VIA ZOOM. Hakone Foundation Board of Trustees The Hakone Foundation is a nonprofit that operates Hakone Gardens in Saratoga. In accordance with the City’s lease agreement with the Hakone Foundation, two members of the City Council shall represent the City of Saratoga on the Board of Trustees. The two Council Members have the same rights and duties of other members of the Board of Trustees. • More Information: https://www.hakone.com/foundation • Contact: Shozo Kagoshima, Executive Director (408) 741-4994 shozo.kagoshima@hakonegardens.org • Meeting Schedule: The Board meets at 5:00 p.m. on the third Thursday of February, April, June, August, October, and December, and holds special meetings as needed at Hakone Gardens, Cultural Exchange Center at 21000 Big Basin Way in Saratoga. MEETING VIA ZOOM UNTIL FURTHER NOTICE Hakone Foundation Executive Board Per the City’s agreement with the Hakone Foundation, the City is entitled to one position on the Hakone Foundation Executive Board. The Mayor or a Council Member selected by the Mayor may fill the position. This position is automatically a member of the Hakone Foundation Board of Trustees • More Information: https://www.hakone.com/foundation • Contact: Shozo Kagoshima, Executive Director (408) 741-4994 shozo.kagoshima@hakonegardens.org • Meeting Schedule: There is no regular meeting schedule of the Executive Board. Meetings are scheduled as needed by the Executive Board Chairperson. Meetings are held at Hakone Gardens, Cultural Exchange Center at 21000 Big Basin Way in Saratoga. MEETING VIA ZOOM UNTIL FURTHER NOTICE 254 KSAR 15 Saratoga Community Access Cable Television Foundation Board of Directors The KSAR 15 Saratoga Community Access Cable Television Foundation is a nonprofit that operates the local access television channel in Saratoga. The Board of Directors is comprised of one member of the Saratoga City Council, a member of the City of Saratoga staff, one representative of West Valley College, and a minimum of four (with a maximum of twelve) residents of Saratoga who are subscribers to Saratoga’s cable television system. The Board establishes policies and priorities for the management and operation of the local community access television station. • More Information: http://www.ksar15.org/home/index.php • Contact: Omar Perez, Station Manager omarpereznbc@gmail.com • Meeting Schedule: The Board meets on the fourth Wednesday of every other month in person at 3:00 p.m. at Saratoga City Hall at 13777 Fruitvale Avenue in Saratoga. Santa Clara County Housing and Community Development Advisory Committee The Committee is comprised of one representative of the Santa Clara County Board of Supervisors and one representative of the cities of Saratoga, Campbell, Los Altos, Los Altos Hills, Los Gatos, Monte Sereno, and Morgan Hill. The jurisdictions represented are part of the Community Development Block Grant (CDBG) Urban County, which receives funding from the United States Department of Housing and Urban Development to assist lower-income individuals as well as people with special needs. • More Information: https://www.sccgov.org/sites/osh/Pages/home.aspx • Contact: Dave Leon, Deputy Clerk (408) 299-5090 david.leon@cob.sccgov.org • Meeting Schedule: The Committee meets three times during the Fiscal Year at 6:15 p.m. at the County Government Center at 70 West Hedding St., San Jose. MEETING VIA ZOOM UNTIL FURTHER NOTICE Santa Clara County Library District Board of Directors The Santa Clara County Library District JPA is the governing board for the County Library District. The JPA includes a City Council representative from each of the jurisdictions in the district, including Saratoga, Campbell, Cupertino, Gilroy, Los Altos, Los Altos Hills, Milpitas, Monte Sereno, Morgan Hill, and two Santa Clara County Supervisors. • More Information: http://www.sccl.org/jap-governing-board/ • Contact: Virginia Johnson, Board Secretary VJohnson@sccl.org • Meeting Schedule: The JPA meets four times a year in January, April, June, and October at 12:00 pm. The January, April, and October meetings are held on the on the fourth Thursday. The June meeting is held on the first Thursday. Meetings are held at the Santa Clara County Library Services and Support Center at 1370 Dell Avenue in Campbell. MEETING VIA ZOOM UNTIL FURTHER NOTICE (expected to follow the Santa Clara County Board of Supervisors in meeting format returning in person in 2023) 255 Santa Clara Valley Water Commission The Santa Clara Valley Water Commission advises the Santa Clara Valley Water District Board of Directors on issues related to water supply, flood protection, and environmental stewardship. Commission Members include representatives from each of the cities in the County, the Water District, the County, Santa Clara County Open Space Authority, and Midpeninsula Regional Open Space District. • More Information: https://www.valleywater.org/how-we-operate/committees/board- advisory-committees • Contact: Glenna Brambill, Office of Clerk of the Board (408) 630-2408 gbrambill@valleywater.org • Meeting Schedule: The Water Commission will meet in person at 12:00 p.m. on January 25, April 12, July 26 (tentative) and October 25 in 2023. Meetings are held at the District Headquarters at 5700 Almaden Expressway in San Jose. Silicon Valley Clean Energy Authority Board of Directors Silicon Valley Clean Energy is a Joint Powers Authority that provides clean energy to customers in 13 Silicon Valley communities through PG&E power lines. Silicon Valley Clean Energy is one of several Community Choice Energy programs in the San Francisco Bay Area. The Authority is governed by a Board of Directors that includes representatives from each of the participating communities, including Saratoga, Campbell, Cupertino, Gilroy, Los Altos, Los Altos Hills, Los Gatos, Milpitas, Monte Sereno, Morgan Hill, Mountain View, Sunnyvale, and the County of Santa Clara. • More Information: http://www.svcleanenergy.org/ • Contact: Andrea Pizano, Board Clerk (408) 721-5301, ext. 1005 andrea.pizano@svcleanenergy.org • Meeting Schedule: Meetings are held the 2nd Wednesday of each month at 7:00 p.m. at the Cupertino Community Hall at 10350 Torre Avenue in Cupertino. AS OF 10/28/2022, DIRECTORS HAVE THE OPTION TO ATTEND IN PERSON AT CUPERTINO COMMUNITY HALL OR VIRTUALLY VIA ZOOM. 256 Silicon Valley Regional Interoperability Authority (Board Alternate – Two Year Term) The Silicon Valley Regional Interoperability Authority (SVRIA) exists to identify, coordinate and implement communications interoperability solutions to its member agencies. The purpose of these projects is to seamlessly integrate voice and data communications between law enforcement, the fire and rescue service, emergency medical services and emergency management for routine operations, critical incidents and disaster response and recovery. SVRIA also provides strategic planning support for its members. The West Valley Mayors and City Managers Association has approved a rotation schedule granting each of the five cities a turn in selecting the Board Member and Alternate for two-year terms. • More Information: https://svria.org • Contact: Eric Nickel, Executive Director Office (408) 615-5571, Mobile (415) 612-7671 enickel@svria.org Meeting Schedule: Meetings are held the 4th Thursday of each month at 4:00 p.m. at the Santa Clara Police Department, Community Room 601 El Camino Real, Santa Clara. MEETING VIRTUALLY UNTIL FEBRUARY 28, 2023, THEN LIKELY WILL BE HYBRID Valley Transportation Authority Policy Advisory Committee The Valley Transportation Authority Policy Advisory Committee (PAC) consists of one City Council Member from each of the 15 cities and one member from the Santa Clara County Board of Supervisors. The PAC ensures that all jurisdictions within the county have access to the development of VTA's policies. • More Information: http://santaclaravta.iqm2.com/Citizens/Board/1011-Policy-Advisory- Committee • Contact: Elaine Baltao, Board Secretary (408) 321-5680 board.secretary@vta.org • Meeting Schedule: The Committee generally meets on the second Thursday of the month at 4:00 p.m. at the VTA River Oaks Campus at 3331 North First Street, Conference Room B-106 in San Jose. BEGINNING NO LATER THAN MARCH 2023, MEETINGS WILL BE HYBRID SUBJECT TO THE REQUIREMENTS OF THE BROWN ACT/AB 2449. West Valley Clean Water Program Authority Board of Directors The West Valley Clean Water Program Joint Powers Authority (WVCWP) serves as the Stormwater Pollution Prevention Authority for the cities of Campbell, Monte Sereno, Saratoga, and the Town of Los Gatos. The Authority is governed by a four-member Board of Directors comprised of one Council Member from each of the four member agencies. • More Information: http://www.cleancreeks.org/ • Contact: Sheila Tucker, Executive Director (408) 354-4734, ext. 115 stucker@wvcwp.org • Regular Meeting Schedule: The Board meets on the 1st Thursday of February, May, September, and November at 4:00 p.m. at Monte Sereno City Hall at 18041 Saratoga-Los Gatos Road in Monte Sereno. MEETING VIA ZOOM UNTIL FURTHER NOTICE 257 West Valley Solid Waste Management Authority Board of Directors The West Valley Solid Waste Management Joint Powers Authority was formed to coordinate efforts in carrying out solid waste collection and disposal activities and meet the mandates of AB939 and the States’ Integrated Waste Management Act for the cities of Saratoga, Campbell, Monte Sereno, and Los Gatos. The Authority is governed by the same four-member Board of Directors as the West Valley Clean Water Program Authority. • More Information: http://www.wvswma.org • Contact: Rob Hilton, Executive Director rchilton@hfh-consultants.com • Meeting Schedule: Meetings are held on the first Thursday of February, May, September, and November at 5:00 p.m. at Monte Sereno City Hall at 18041 Saratoga Los Gatos Road in Monte Sereno. MEETING VIA ZOOM UNTIL FURTHER NOTICE West Valley Mayors and City Managers Association The West Valley Mayors and Managers Association is a sub-regional grouping of the VTA governance structure. It consists of the Mayors and City Mangers from the cities of Campbell, Cupertino, Monte Sereno, Saratoga and the Town of Los Gatos. It is charged with selecting the VTA Board member and Alternate and approves the SVRIA Board Member Rotation Schedule representing the above municipalities (both for two-year terms). • Contact: The administrative contact rotates each year with the annual transition of City host, rotating in alphabetical order. • Meeting Schedule: Meetings are held in person on the fourth Wednesday of each month at 12:00 p.m. in outdoor settings. Locations rotate through the member cities. Meetings in August and December are typically canceled. West Valley Sanitation District Board of Directors The West Valley Sanitation Special District provides wastewater collection and disposal services to Campbell, Monte Sereno, Los Gatos, most of Saratoga, and a portion of unincorporated Santa Clara County. The five-member Board of Directors includes one Council Member from each of the four west valley cities and the District 1 Santa Clara County Supervisor. Board members are compensated $210 for each meeting attended. • More Information: http://www.westvalleysan.org/ • Contact: Jon Newby, District Manager (408) 378-2407, ext. 103 info@westvalleysan.org • Meeting Schedule: Meetings are held on the second Wednesday of the month at 5:00 p.m. at the District’s Office located at 100 E. Sunnyoaks Avenue in Campbell. THE BOARD ANTICIPATES MEETING IN PERSON BEGINNING JANUARY 2023. 258 LIAISON ASSIGNMENTS – NON-VOTING DESCRIPTION Saratoga Area Senior Coordinating Council Board of Directors The Saratoga Area Senior Coordinating Council (SASCC) is a nonprofit that seeks to provide access to physical and social activities for aging adults in the community and operates the Outlook Community Newspaper, Saratoga Senior Center, Adult Day Program, and Reach Your Destination Easily (RYDE). One member of the City Council serves as liaison to the Saratoga Area Senior Coordinating Council Board of Directors. • More Information: https://www.sascc.org/ • Contact: Tyler Taylor, Executive Director (408) 868-1257 tylor@sascc.org • Meeting Schedule: Meetings are held virtually by Zoom every other month on the 4th Tuesday of the month at 4pm. Regular meetings are held in January, March, May, July, September and November. Special meetings may be held as approved by the SASCC Board President and Executive Director. MEETING VIA ZOOM UNTIL FURTHER NOTICE Saratoga Chamber of Commerce Board The Saratoga Chamber of Commerce promotes local business through a variety of programs and services, including networking, member education, business development, promotion, marketing, and advertising assistance. One member of the City Council serves as liaison to the Chamber of Commerce Board. • More Information: http://www.saratogachamber.org • Contact: Kelly Medrano, Office Manager (408) 867-0753 info@saratogachamber.org • Meeting Schedule: The Chamber Board meets on the second Thursday of the month at 4:00 p.m. at the Chamber of Commerce Office at 14460 Big Basin Way in Saratoga; IN-PERSON MEETINGS BEGIN JANUARY 2023 Saratoga Historical Foundation Board of Directors The Saratoga Historical Foundation was in created in 1962 to promote interest in Saratoga history, research and collect records, pictures, artifacts, and other memorabilia related to local history, and maintain the history for the display and safekeeping of archival material. One member of the City Council serves as a liaison to the Historical Foundation Board of Directors. • More Information: http://www.saratogahistory.com/ • Contact: Annette Stransky, Board President (408) 867-7468 annette022003@yahoo.com • Meeting Schedule: The Board meets on the fourth Thursday of the month except for November when the Board meets on the third Thursday. Meetings begin at 5:00 p.m. and are held at the Saratoga History Museum at 20450 Saratoga-Los Gatos Road in Saratoga. No meetings are held in August and December. MEETING VIA ZOOM UNTIL FURTHER NOTICE 259 Saratoga Ministerial Association The Saratoga Ministerial Association is comprised of representatives from communities of faith located within the city of Saratoga. The purpose of the group is to build community and support city residents through cooperation and joint activities, including the annual Thanksgiving Day service, and other events. One member of the City Council serves as liaison to the Ministerial Association. • Contact: Reverend Erik Swanson, Pastor West Hope Presbyterian esfishrev@gmail.com • Meeting Schedule: Meetings are held in person on the fourth Wednesday of the month at noon (except in July, August, and December). The location rotates among the congregations. Saratoga Sister City Committee Liaison The purpose of the Sister City Committee is to plan and carry out programs and activities, which strengthen Saratoga’s relationship with its sister city, Muko-Shi, in Japan. One member of the City Council serves as liaison to the Sister City Committee. • Contact: Peter Marra piero@pacbell.net • Meeting Schedule: Meetings are held in person every other month as needed (except for December) at the Joan Pisani Community Center at 19655 Allendale Avenue. COUNCIL COMMITTEE ASSIGNMENTS DESCRIPTION Council Finance Committee The Finance Committee is a City Council Committee of the Whole with two members of the City Council with voting privileges. As a Committee of the Whole, all Council Members may attend meetings and participate in discussion. The Committee reviews and provides recommendations on the City’s financial matters, including the budget, financial policies, and annual audit. • More Information: http://www.saratoga.ca.us/359/Finance-Committee • Contact: Nick Pegueros, Finance & Administrative Services Director (408) 868-1221 npegueros@saratoga.ca.us • Meeting Schedule: Meetings are held on the fourth Thursday of each month at 3:30 p.m. in in the Linda Callon Conference Room at City Hall, 13777 Fruitvale Avenue, Saratoga, CA 95070. COUNCIL MEMBERS HAVE THE OPTION TO ATTEND EITHER IN PERSON OR VIA ZOOM. 260 CITY OF SARATOGA Memorandum To: Mayor Fitzsimmons & Members of the Saratoga City Council From: Britt Avrit, City Clerk Meeting Date: December 21, 2022 Subject: Resolution Approving City Council Assignments - Item 2.4 Following publication of the agenda packet for the December 21, 2022 City Council Regular Meeting, City Council Members provided their input for individual assignments for 2023 to Mayor Fitzsimmons. Mayor Fitzsimmons has considered the Council Members’ input and provided her assignment recommendations in the attached resolution. 261 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA ESTABLISHING CITY COUNCIL ASSIGNMENTS FOR CALENDAR YEAR 2023 WHEREAS, members of the City Council serve on various agencies and committees; and WHEREAS, the responsibility for representing the City Council should be shared by all members; and WHEREAS, the City Council had the opportunity to review the list of committees and were asked to provide input to the City Clerk on individual assignments; and WHEREAS, the Mayor has duly considered input from the members of the City Council and has made the assignments shown in Exhibit A. NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Saratoga does hereby: (1) Approve the City Council assignments attached to this Resolution; and (2) Affirm that members of the City Council agree to their appointments through December 2023 or until the assignments are amended; and (3) Direct the City Clerk to post the Fair Political Practices Form 806 on the City website pursuant to California Code of Regulations 18702.5. The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 21st day of December 2022, by the following vote: AYES: NOES: ABSTAIN: ABSENT: Kookie Fitzsimmons, Mayor ATTEST: Britt Avrit, MMC, City Clerk 262 EXHIBIT A 2023 SARATOGA CITY COUNCIL ASSIGNMENTS Adopted via Resolution No. 22-XX Agency Assignments - Voting Council Member Alternate Association of Bay Area Government (ABAG) General Assembly Aftab Zhao Cities Association of Santa Clara County Legislative Action Committee Zhao Walia Cities Association of Santa Clara County City Selection Committee Fitzsimmons Zhao Cities Association of Santa Clara County Board of Directors Walia Zhao Hakone Foundation Board of Trustees Aftab N/A Hakone Foundation Board Executive Board Fitzsimmons N/A KSAR 15 Saratoga Community Access Cable Television Foundation Board of Directors Walia Fitzsimmons Santa Clara County Housing and Community Development Advisory Committee Aftab Fitzsimmons Santa Clara County Library District Board of Directors Walia Aftab Santa Clara Valley Water Commission Page Aftab Silicon Valley Clean Energy Authority Board of Directors Walia Page Silicon Valley Regional Interoperability Authority Alternate Zhao N/A Valley Transportation Authority Policy Advisory Committee Aftab Page West Valley Clean Water Program Authority Board of Directors Page Aftab West Valley Solid Waste Management Authority Board of Directors Page Aftab West Valley Mayors and Managers Association Fitzsimmons N/A West Valley Sanitation District Board of Directors Page Zhao Liaison Assignments - Non-Voting Council Member Alternate Saratoga Area Senior Coordinating Council Board of Directors Fitzsimmons Page Saratoga Chamber of Commerce Board Page Fitzsimmons Saratoga Historical Foundation Board of Directors Aftab Zhao Saratoga Ministerial Association Zhao Page Saratoga Sister City Committee Liaison Walia Fitzsimmons Council Committee Assignments Council Member 2nd Council Member Council Finance Committee Fitzsimmons Page 263