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HomeMy WebLinkAbout07-19-2023 City Council Agenda Packet, amended 07-19-2023Saratoga City Council Agenda July 19, 2023 – Page 1 of 6 SARATOGA CITY COUNCIL REGULAR MEETING JULY 19, 2023 AMENDED AGENDA • 07/19/2023 JOINT SESSION PRESENTATION SLIDES ADDED • 07/19/2023 ITEM 2.2 STAFF REPORT REVISED WITH ATTACHMENTS ADDED • 07/19/2023 ITEM 2.2 WRITTEN COMMUNICATIONS ADDED • 07/19/2023 ITEM 2.4 WRITTEN COMMUNICATIONS ADDED Public Participation Information In accordance with Saratoga City Council’s Remote Public Participation Policy, members of the public may participate in these meetings in person at the locations listed below or via remote attendance (if applicable) using the Zoom information below. Members of the public can view and participate in the 6:00 p.m. Joint 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 • Webinar URL: https://us02web.zoom.us/j/88482254658 • Webinar ID 884 8225 4658 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 4. Viewing online at www.saratoga.ca.us/watch 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. Saratoga City Council Agenda July 19, 2023 – Page 2 of 6 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. 6:00 PM JOINT SESSION City Hall, Linda Callon Conference Room | 13777 Fruitvale Avenue, Saratoga, CA 95070 Joint Session with Santa Clara County Sheriff’s Office and Santa Clara County Fire Department Recommended Action: Receive updates from Santa Clara County Sheriff’s Office and Santa Clara County Fire Department Santa Clara County Sheriff Department Presentation Slides Santa Clara County Fire Department Presentation Slides 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 July 14, 2023. REPORT FROM CLOSED SESSION 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 ITEM Commendation Recognizing Ann Waltonsmith Recommended Action: Present commendation recognizing Ann Waltonsmith for her service as the Hakone Foundation Board of Trustees Chairperson. Staff Report Attachment A - Commendation SPECIAL PRESENTATION Special Presentation – Midpeninsula Regional Open Space District Recommended Action: Receive presentation from Midpeninsula Regional Open Space District Staff Report Attachment A - Presentation Slides Saratoga City Council Agenda July 19, 2023 – Page 3 of 6 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 July 5, 2023, City Council Regular Meeting. Staff Report Attachment A - Minutes for the July 5, 2023 City Council Regular Meeting 1.2. Review and Accept Accounts Payable Check Registers Recommended Action: Review and accept the 06/29/2023 and 07/06/2023 accounts payable vendor payment check registers. Staff Report Attachment A - Check Register 06-29-2023 Attachment B - Check Register 07-06-2023 Period 13 Attachment C - Check Register 07-06-2023 Period 01 1.3. Notice of Completion – 2022 Pavement Management Program Project Recommended Action: Accept the 2022 Pavement Management Program (2022 PMP) contract as complete and authorize staff to record the Notice of Completion. Staff Report Attachment A - Notice of Completion for the 2022 Pavement Management Program Project 1.4. Citywide Bikeways and Sidewalk Master Plan – Resolution of Local Support Recommended Actions: 1. Adopt a Resolution of Local Support for the Citywide Bikeways and Sidewalk Master Plan to secure the funding provided through One Bay Area Grant (OBAG). 2. Adopt a budget resolution creating a new CIP project for the Citywide Bikeways and Sidewalk Master Plan. Staff Report Attachment A - Resolution of Local Support Attachment B - Budget Resolution 1.5. The Elms (Quito Village) Landscape Maintenance Agreement - Pulte Recommended Action: Approve the Landscape Maintenance Agreement with Pulte Home Company, LLC for the landscaping that will be installed in the public right-of-way as part of their new housing development, The Elms. Staff Report Attachment A - Landscape Maintenance Agreement Saratoga City Council Agenda July 19, 2023 – Page 4 of 6 1.6. Final Map Approval for 11 Lots Located at 14521 Quito Road (397-05-028) Recommended Action: Adopt resolution granting final map approval of tentative map application No. SUB 20-0003 for 11 lots located at 14521 Quito Road (APN 397-05-028) and authorizing ancillary actions. Staff Report Attachment A - Resolution Granting Final Map Approval Attachment B - Site Map Attachment C - Tract Map Attachment D - Planning C Res No. 22-024 with Conditions Attachment E - Subdivision Improvement Agreement Attachment F - Grant Deed 1.7. 2-year Contract for Park Restroom Maintenance Services with North Bay Building Maintenance (NBBM) in the amount not to exceed $104,299.80 Recommended Action: Approve a two-year Park Restroom Maintenance Service Contract with North Bay Building Maintenance (NBBM) for monthly restroom maintenance services in the amount not-to- exceed $104,299.80 and authorize the City Manager to execute the same. Staff Report Attachment A - Contract 2. GENERAL BUSINESS 2.1. New Taipei Friendship City Discussion Recommended Action: Consider whether to direct staff to initiate discussions with New Taipei City to develop a Friendship City Memorandum of Understanding. Staff Report Attachment A - Map of New Taipei City Attachment B - Cupertino New Taipei Friendship City MOU 2.2. Website Design Preview Recommended Action: Receive website design preview and provide feedback. Staff Report (Updated 07-19-2023) Attachment A - Homepage Design Concept Attachment B - Internal Page Design Concept Supplemental Memo - Item 2.2 Written Communications 2.3. Preliminary Fiscal Year 2022-23 Year-End Report Recommended Action: Receive a preliminary fiscal year 2022-23 year-end report. Staff Report Saratoga City Council Agenda July 19, 2023 – Page 5 of 6 2.4. Amendment to Remote Public Participation Policy Recommended Action: Adopt a resolution amending the Remote Public Participation Policy to clarify that public meetings may continue in person in the event remote participation technology is not available. Staff Report Attachment A - Resolution Amending Remote Public Participation Policy Supplemental Memo - Item 2.4 Written Communications 2.5. City Manager’s Employment Agreement and Salary Schedule Amendments Recommended Action: Authorize the Mayor to sign the City Manager’s Amended Employment Agreement and adopt a Resolution Amending the City Salary Schedule effective July 1, 2023. Staff Report Attachment A – Amendment to City Manager’s Employment Agreement Attachment B – Resolution Amending the City Salary Schedule Effective July 1, 2023 2.6. Designation of League of California Cities Annual Conference Voting Delegate and Alternate(s) Recommended Action: Designate the City of Saratoga’s voting delegate and alternate voting delegate(s) for the 2023 League of California Cities Annual Conference. Staff Report Attachment A - 2023 Voting Delegate Packet COUNCIL ASSIGNMENTS Council Assignments 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 July 14, 2023 at the City of Saratoga, 13777 Fruitvale Avenue, Saratoga, California and on the City's website at www.saratoga.ca.us. Signed this 14th day of July 2023 at Saratoga, California. Britt Avrit, MMC, City Clerk Saratoga City Council Agenda July 19, 2023 – Page 6 of 6 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] Faro Focus 3D Scanner Traffic Deputy Chad Biscardi Badge 2052 Office of the Sheriff County of Santa Clara 6 Faro Focus 3D Scanner•What is the Faro Focus 3D Scanner? •The FARO Laser Scanner Focus3D is a high- performance 3D laser scanner for detailed measurement and 3D documentation. Its intuitive touch screen makes it as easy to operate as a digital camera. The Focus3D uses laser technology to produce incredibly detailed three-dimensional images of complex environments and geometries in only a few minutes. 7 Faro Focus 3D Scanner 8 Faro Focus 3D Scanner•What are the benefits of this tool: •Time savings on scene •Accurate measurements •Software Capabilities •Collision Reconstruction abilities •Crime Scene Reconstruction abilities 9 Faro Focus 3D Scanner•Scene examples: 10 Faro Focus 3D Scanner 11 Faro Focus 3D Scanner 12 Faro Focus 3D Scanner 13 Faro Focus 3D Scanner 14 Thank You•Any Questions? 15 City of Saratoga Update July 19, 2023 16 Santa Clara County Fire Department provides regionalized emergency services and support to the largest county in Northern CA. OUR MISSION 17 18 City of Saratoga Fire Stations •Saratoga Station (73) •West Valley Station (79) Unique hazards •Wildland interface •Highway 9 •Residential care / skilled nursing facilities •West Valley College Served by two fire districts 19 20 21 22 23 2022/2023 ACCOMPLISHMENTS Planning •2023-2027 Strategic Plan Prevention •Wildfire Resilience Program •Community Wildfire Protection Plan •Community Education & Risk Reduction Technology •ArcGIS Field Map App •Intterra •MARVLIS •CAD •RMS 24 CAPITAL IMPROVEMENTS: APPARATUS •Crew Carrier for Fire Fuels Crew •BSU 72 •Rescues 74 & 83 •Truck 85 •US&R 85 Coming in 2023 •Engines 73, 76 & 80 Coming in 2024-2025 •Rescue 73 •Truck 74 •Water Tender 76 25 CAPITAL IMPROVEMENTS: FACILITIES •Dell Headquarters •Redwood Fire Station 26 CFAI ACCREDITED AGENCY 2021 Reaccreditation •Community Risk Assessment •Self-Assessment •Strategic Planning •Standards of Cover 27 COMMUNITY EDUCATION Outreach Efforts •Conducted online and in-person programs o CERT: 4 Hybrid Academies o CPR/AED Hybrid training classes o Community Events o Fire & Life Safety classes o LISTOS Emergency Preparedness (Spanish/Mandarin) o School Programs o Wildfire Preparedness Community Workshops 2022 Calendar Year •121 Programs conducted reaching 8,101 Saratogans 2023 Fiscal Year (July 2022 – June 2023) •106 programs conducted reaching 7,870 Saratogans 28 2023 GOALS Preparedness •City/Town Partnerships •Community Outreach •Santa Clara County Operational Area Planning •Prefire management and wildfire resiliency •2023-2017 Strategic Plan •Replacement of next Fire Station Resilience •Replacement of Redwood Fire Station •Headquarters facility relocation 29 WILDFIRE AWARENESS Wildfire Cameras •Used to monitor conditions •Provides advanced awareness and early detection of fire starts •Cameras provide view of areas of heat through smoke, darkness, or heat-permeable barriers 30 ZONEHAVEN •Provides specific, timely and accurate evacuation information •Geographic regions divided into smaller zones •Accessible online at: community.zonehaven.com •Search by address to determine if they are affected by an order, warning, or other advisement. 31 Questions? Suwanna Kerdkaew Fire Chief Santa Clara County Fire Department 408.378.4010 info@sccfd.org 32 SARATOGA CITY COUNCIL MEETING DATE:July 19, 2023 DEPARTMENT:City Manager’s Department PREPARED BY:Leslie Arroyo, Assistant City Manager SUBJECT:Commendation Recognizing Ann Waltonsmith RECOMMENDED ACTION: Present commendation recognizing Ann Waltonsmith for her service as the Hakone Foundation Board of Trustees Chairperson. BACKGROUND: Former City of Saratoga Mayor and Council Member Ann Waltonsmith has served as the Chair of the Hakone Foundation Board of Trustees from 2014 to 2023. During her time as Chair, Ann guided the Foundation through several critical periods, including development of the Hakone Gardens Master Plan, the centennial celebration of Hakone, and the turbulence of the pandemic. ATTACHMENTS: Attachment A –Commendation 33 COMMENDATION OF THE CITY COUNCIL OF THE CITY OF SARATOGA RECOGNIZING ANN WALTONSMITH WHEREAS, Ann Waltonsmith has joined the Hakone Foundation Board of Trustees in 2009 and served as the Hakone Foundation Board of Trustees Chairperson from 2014 through June 2023; and WHEREAS, Ann Waltonsmith also served on the Hakone Foundation Board of Trustees in 2003 and 2007 in her role as Vice Mayor and on the Hakone Foundation Board of Trustees Executive Committee in 2004 and 2008 while she was Mayor; and WHEREAS, Ann Waltonsmith started her service as Chairperson by building a stronger connection between Hakone Gardens and the communityas well as establishing and implementing policies and procedures to ensure responsible, transparent, and sustainable operations of Hakone Gardens; and WHEREAS, Ann Waltonsmith led a three-year celebration of Hakone’s centennial from 2015 to 2017 featuring a variety of events and activities to honor three original private owners of Hakone Gardens; and WHEREAS, Ann Waltonsmith also guided the Hakone Foundation through the development of the Hakone Gardens Master Plan, developed between 2014 and 2016 and now guides the long-term vision of Hakone Gardens from restoration of existing structures to future additions; and WHEREAS, as Chair of the Hakone Foundation Board of Trustees, Ann Waltonsmith helped maintain close connections to Saratoga’s Sister City Muko, Japan through visits to Muko, regular collaboration with the Saratoga Sister City Organization, and serving as host to delegations from Muko; and WHEREAS, Ann Waltonsmith provided steady leadership during the pandemic, ensuring Hakone Gardens survived the ensuing turbulence and uncertainty; and WHEREAS, Ann Waltonsmith and Hakone Foundation Board Member Connie Young Yu co- authored the book, Hakone Estate and Gardens, in 2021 and details the history of Hakone as well as each of its owners; and WHEREAS, Ann Waltonsmith curated a series of Japanese-inspired art and cultural exhibits at Hakone Gardens, providing the community with the chance to learn more and appreciate Japanese culture, including an exhibit on Executive Order 9066 that resulted in production of a documentary. WHEREAS, during her service ad Chair and on the Board of Trustees, Ann Waltonsmith has worked tirelessly and selflessly to ensure Hakone Gardens will remain part of the community for many years to come. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga does sincerely thank Ann Waltonsmith for her service to Hakone Gardens and the Saratoga community. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 19th day of July 2023. _________________________ Kookie Fitzsimmons, Mayor City of Saratoga 34 SARATOGA CITY COUNCIL MEETING DATE:July 19, 2023 DEPARTMENT:City Manager’s Department PREPARED BY:Janet Costa, Executive Assistant SUBJECT:Special Presentation –Midpeninsula Regional Open Space District RECOMMENDED ACTION: Receive presentation from Midpeninsula Regional Open Space District. BACKGROUND: Midpeninsula Regional Open Space District is an independent special district that helps plants, animals and people thrive throughout the greater Santa Cruz Mountains region by preserving a connected greenbelt of more than 70,000 acres of public open space, including the Fremont Older Preserve that connects with the City’s Parker Ranch Trail. The district boundaries encompass parts of San Mateo County as well as Santa Clara County, including Saratoga. Attachment A –Presentation Slides 35 District Introduction and Update Craig Gleason, Board Member, Ward 1 North Ridge Trail, Purisima Creek Redwoods (Eric Gouldsberry) July 19, 2023 36 Midpen’s Mission(s) Midpen’s mission: to acquire and preserve a regional greenbelt of open space land in perpetuity, protect and restore the natural environment, and provide opportunities for ecologically sensitive public enjoyment and education. On the Coast, Midpen has an expanded mission to acquire and preserve agricultural land of regional significance, preserve rural character and encourage viable agricultural uses of land resources. 37 Midpen’s Lands 38 •Public agency, created in 1972 by a grassroots voter initiative •763,000 constituents (2020) •Elected board: seven directors •Funded primarily through property tax •26 Preserves in Santa Clara, San Mateo and Santa Cruz counties •Preserved almost 70,000 acres, 250+ miles of trails •Preserves are free and open to the public •Main office in Los Altos + field offices •180 employees, ~1000 volunteers •$300 million voter-approved general obligation bond passed in 2014 to support public priorities Some Midpen Facts 39 Fremont Older Open Space Preserve Photo: Marcia Hakanson 40 Picchetti Ranch Open Space Preserve Photo:Scott Johnson 41 Rancho San Antonio Open Space Preserve Photo: Hongyun Liu 42 Saratoga Gap Open Space Preserve Photo: Midpen 43 Project Updates 44 Wildland Fire Resiliency Program Implementation CZU Lightning Complex Fire, 2020 Photo: Brad Pennington 45 Wildland Fire Resiliency Program For more information visit openspace.org/what-we-do/projects/wildland-fire-resiliency 46 •Project Description Project explores non-motorized mobility, transit options and parking alternatives for Rancho San Antonio Open Space Preserve. •Status –The Board accepted the Rancho Multimodal Study which included 26 strategies and directed staff to pursue six priority one strategies, including: •​Bike facilities •New and improved bike access •Subsidized ride hail •Free or low-cost shuttle service •Carpool restricted lot •Dynamic or variable signage Rancho San Antonio Multimodal Access Improvements Get real-time parking info at: https://www.openspace.org/rsa-parking 47 Upper Stevens Creek Trail 48 Highway 17 Crossings 49 Questions? www.openspace.org info@openspace.org Sign up for eNews at: www.openspace.org/enewsletter 50 SARATOGA CITY COUNCIL MEETING DATE:July 19, 2023 DEPARTMENT:City Manager’s Department PREPARED BY:Britt Avrit, MMC, City Clerk SUBJECT:City Council Meeting Minutes RECOMMENDED ACTION: Approve the Minutes for the July 5, 2023,City Council Regular 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 July 5, 2023, City Council Regular Meeting 51 Saratoga City Council Minutes ~ July 5, 2023 ~ Page 1 of 5 MINUTES WEDNESDAY, JULY 5, 2023 SARATOGA CITY COUNCIL REGULAR MEETING At 6:00 p.m., the City Council held a Closed Session in the Linda Callon Conference Room. Mayor Fitzsimmons invited public comment. No one requested to speak. Mayor Fitzsimmons called the Regular Session to order at 7:00 p.m. ROLL CALL PRESENT:Mayor Kookie Fitzsimmons, Vice Mayor Yan Zhao, Council Members Belal Aftab, Chuck Page, Tina Walia ABSENT:None ALSO PRESENT:James Lindsay, City Manager Richard Taylor, City Attorney Leslie Arroyo, Assistant City Manager John Cherbone, Public Works Director Britt Avrit, City Clerk Shawn Gardner, Parks Division Manager Mainini Cabute, Environmental Program Manager REPORT ON POSTING OF THE AGENDA The City Clerk reported the agenda for this meeting was properly posted on June 30, 2023. REPORT FROM JOINT SESSION Mayor Fitzsimmons stated the City Council met in Closed Session prior to the Regular Session to conduct the City Manager’s annual review and to discuss labor negotiations and stated the City Council will be returning to Closed Session following the Regular Session. ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS Mayor Fitzsimmons invited public comment. The following individuals spoke: Nicole Lee – discussed artificial turf. Leanne McAuliffe – discussed artificial turf. Pamela Bond - discussed artificial turf. Aiden Chen – discussed artificial turf. Amanda - discussed artificial turf. 52 Saratoga City Council Minutes ~ July 5, 2023 ~ Page 2 of 5 Susan Hinton - discussed artificial turf. Meera Mody - discussed artificial turf. ANNOUNCEMENTS Mayor Fitzsimmons shared information about the “America the Beautiful” decorating project and Summer Movie Nights. Council Member Page shared information about the Wildwood Park Concert & Car Show Week Kick-Off, a concert in Wildwood Park on August 19, 2023, and the Saratoga Classic & Cool Car Show. 1.CONSENT CALENDAR Mayor Fitzsimmons invited public comment. No one requested to speak. 1.1. City Council Meeting Minutes Recommended Action: Approve the Minutes for the June 21, 2023 City Council Regular Meeting. PAGE/ZHAOMOVED TO APPROVE THE MINUTES FOR THE JUNE 21, 2023 CITY COUNCIL REGULAR MEETING.MOTION PASSED BY THE FOLLOWING VOTE: AYES: AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE. 1.2. Review and Accept Accounts Payable Check Registers Recommended Action: Review and accept the 06/15/2023 and 06/22/2023 accounts payable vendor payment check registers. PAGE/ZHAO MOVED TO REVIEW AND ACCEPT THE 06/15/2023 AND 06/22/2023 ACCOUNTS PAYABLE VENDOR PAYMENT CHECK REGISTERS.MOTION PASSED BY THE FOLLOWING VOTE: AYES: AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE. 1.3. Treasurer’s Report for the Month Ended May 31, 2023 Recommended Action: Review and accept the Treasurer’s Report for the month ended May 31, 2023. PAGE/ZHAO MOVED TO REVIEW AND ACCEPT THE TREASURER’S REPORT FOR THE MONTH ENDED MAY 31, 2023.MOTION PASSED BY THE FOLLOWING VOTE: AYES: AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE. 53 Saratoga City Council Minutes ~ July 5, 2023 ~ Page 3 of 5 1.4. Nine-month extension of contract for street sweeping services in the amount not-to- exceed $200,000.00 Recommended Action: Extend the street sweeping contract with SCA of CA, LLC. for an additional nine-month term in the amount of $185,530.50 for scheduled sweeping and authorize an additional $14,469.50 for unscheduled sweeping services for a total not-to-exceed $200,000.00. PAGE/ZHAO MOVED TO EXTEND THE STREET SWEEPING CONTRACT WITH SCA OF CA, LLC. FOR AN ADDITIONAL NINE-MONTH TERM IN THE AMOUNT OF $185,530.50 FOR SCHEDULED SWEEPING AND AUTHORIZE AN ADDITIONAL $14,469.50 FOR UNSCHEDULED SWEEPING SERVICES FOR A TOTAL NOT-TO-EXCEED $200,000.00.MOTION PASSED BY THE FOLLOWING VOTE: AYES: AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE. 1.5. Resolution Authorizing the City Manager to Execute Administering Agency-State Master Agreements for State and Federal-Aid Funded Projects and Blue Hills Elementary Pedestrian Crossing at Union Pacific Railroad Project Fiscal Year 2023/24 Budget Adjustment Resolution Recommended Action: 1.Adopt a resolution authorizing the City Manager to execute administering agency-state master agreements for State and Federal-Aid funded projects, including the Fund Transfer Agreement (FTA) of $1.2 million of Priority Legislative Budget Projects (PLBP) funding for the Blue Hills Elementary Pedestrian Crossing at Union Pacific Railroad (UPRR) Project. 2.Adopt a resolution to accept PLBP funding for the Blue Hills Elementary Pedestrian Crossing at UPRR Project and adjust the Fiscal Year 2023/24 budget. RESOLUTION 23-065 RESOLUTION 23-066 PAGE/ZHAO MOVED TO ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE ADMINISTERING AGENCY-STATE MASTER AGREEMENTS FOR STATE AND FEDERAL-AID FUNDED PROJECTS, INCLUDING THE FUND TRANSFER AGREEMENT (FTA) OF $1.2 MILLION OF PRIORITY LEGISLATIVE BUDGET PROJECTS (PLBP) FUNDING FOR THE BLUE HILLS ELEMENTARY PEDESTRIAN CROSSING AT UNION PACIFIC RAILROAD (UPRR) PROJECT, AND ADOPT A RESOLUTION TO ACCEPT PLBP FUNDING FOR THE BLUE HILLS ELEMENTARY PEDESTRIAN CROSSING AT UPRR PROJECT AND ADJUST THE FISCAL YEAR 2023/24 BUDGET.MOTION PASSED BY THE FOLLOWING VOTE: AYES: AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE. 54 Saratoga City Council Minutes ~ July 5, 2023 ~ Page 4 of 5 1.6. Authorize Purchase of Irrigation Controllers in the amount of $84,032.11 and Approve a Budget Amendment Resolution for Beauchamps LLA Zone-16 Recommended Action: 1.Approve purchase of new irrigation controllers in the amount of $84,032.11. 2.Adopt budget Resolution to increase the FY23-24 budget for the Beauchamps LLA Zone 16 by an additional $1,000. RESOLUTION 23-067 PAGE/ZHAO MOVED TO APPROVE PURCHASE OF NEW IRRIGATION CONTROLLERS IN THE AMOUNT OF $84,032.11 AND ADOPT BUDGET RESOLUTION TO INCREASE THE FY23-24 BUDGET FOR THE BEAUCHAMPS LLA ZONE 16 BY AN ADDITIONAL $1,000.MOTION PASSED BY THE FOLLOWING VOTE: AYES: AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE. 1.7. Designation of Authorized Agents - Federal Emergency Management Agency Recommended Action: Approve the Designation of Applicant’s Agents Resolution. PAGE/ZHAO MOVED TO APPROVE THE DESIGNATION OF APPLICANT’S AGENTS RESOLUTION.MOTION PASSED BY THE FOLLOWING VOTE: AYES: AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE. 2.GENERAL BUSINESS 2.1. Two-Year Landscape Maintenance Service Contract with Dinsmore Landscape Company in the amount of $841,594.38 Recommended Action: Approve a two-year Landscape Maintenance Service Contract with Dinsmore Landscape Company, with an option to extend the contract for an additional year and authorize the City Manager to execute the same. Shawn Gardner, Parks Division Manager, presented the staff report. Mayor Fitzsimmons invited public comment. No one requested to speak. PAGE/WALIA MOVED TO APPROVE A TWO-YEAR LANDSCAPE MAINTENANCE SERVICE CONTRACT WITH DINSMORE LANDSCAPE COMPANY, WITH AN OPTION TO EXTEND THE CONTRACT FOR AN ADDITIONAL YEAR AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE SAME.MOTION PASSED BY THE FOLLOWING VOTE: AYES: AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE. 55 Saratoga City Council Minutes ~ July 5, 2023 ~ Page 5 of 5 COUNCIL ASSIGNMENTS Council Member Tina Walia KSAR Community Access TV Board – stated she attended this meeting with nothing to report. Council Member Chuck Page West Valley Clean Water Program Authority Board of Directors – discussed a survey being sent to Saratoga, Los Gatos and Campbell residents. Council Member Belal Aftab Nothing to report. Vice Mayor Yan Zhao Nothing to report. Mayor Kookie Fitzsimmons Nothing to report. CITY COUNCIL ITEMS Page/Walia requested moving forward with establishing a Friendship City relationship with New Taipei. Page/Fitzsimmons requested exploring front yard maintenance for residences in Saratoga. Walia/Aftab requested exploring artificial turf and the relation to the City’s substantiality efforts. COUNCIL COMMUNICATIONS None CITY MANAGER'S REPORT None CITY ATTORNEY'S REPORT None ADJOURNMENT Mayor Fitzsimmons adjourned the Regular Session to Closed Session at 7:52 p.m. Minutes respectfully submitted: Britt Avrit, City Clerk City of Saratoga 56 SARATOGA CITY COUNCIL MEETING DATE: July 19, 2023 DEPARTMENT: Administrative Services PREPARED BY: Vivian Lu, Accounting Technician SUBJECT: Review and Accept Accounts Payable Check Registers RECOMMENDED ACTION: Review and accept the 06/29/2023 and 07/06/2023 accounts payable vendor payment check registers. BACKGROUND: The accounts payable check registers report payments to vendors for goods and services properly procured and approved for payment in accordance with the City’s administrative purchasing policy. The information listed below lists vendor payments exceeding $20,000 and any checks that were voided during the time period. The complete check register(s) and summary by Fund are provided as attachments to this report. ATTACHMENTS: Attachment A - Check Register Reports Dated 06-29-2023 Attachment B - Check Register Reports Dated 07-06-2023 Period 13 Attachment C - Check Register Reports Dated 07-06-2023 Period 01 REPORT SUMMARY: Attached are Check Registers for: Date Ending Check # 06/29/2023 147738 147783 46 212,368.28 06/29/2023 06/22/2023 147737 07/06/2023 147784 147831 48 221,847.40 07/06/2023 06/29/2023 147783 07/06/2023 147832 147834 3 10,114.88 07/06/2023 07/06/2023 147831 Accounts Payable checks issued for $20,000 or greater: Date Check #Dept.Amount 06/29/2023 147753 Economy Lumber Liability/Risk Management Fund PW Wildwood Park Stage Repair Materials 23,597.08 06/29/2023 147754 Fehr & Peers General Fund PW Traffic Engineering Consultant & Review Services 23,579.69 06/29/2023 147769 Oscar's Tree Services 2023 Storm Fund PW Storm Project - Various Locations 21,050.00 06/29/2023 147777 Spray Technology CIP Street Project Fund PW Village Park Benches Project 24,300.00 07/06/2023 147814 Robert Chavez Fencing Park In-Lieu Fees Fund PW Quito Park Pickleball Court Fence Project 20,000.00 07/06/2023 147817 San Jose Water Company General Fund Various Water Services 28,247.53 07/06/2023 147819 Shute, Mihaly & Weinberger General Fund Various May 2023 Attorney Services 27,400.26 07/06/2023 147825 Traffic Patterns LLC General Fund PW Smart City Signals Maintenance Services 23,940.00 Accounts Payable checks voided during this time period: AP Date Check #Amount 01/26/2023 146699 Jon Kwong Lost/Destroyed 300.00 Ending Check # Starting Check #Type of Checks Date Checks ReleasedTotal Checks Amount Accounts Payable Period 13 Accounts Payable Accounts Payable Period 01 Fund Purpose StatusReason Issued to Issued to Reissued 57 SUNGARD PUBLIC SECTOR PAGE NUMBER: 1 DATE: 06/29/2023 CITY OF SARATOGA VENCHK11 TIME: 12:46:06 CHECK REGISTER - FUND TOTALS ACCOUNTING PERIOD: 12/23 FUND FUND TITLE AMOUNT 111 GENERAL FUND 107,512.61 214 2023 STORM FUND 21,050.00 245 FREDERICKSBURG LANDSCAPE 1,250.00 361 ARROWHEAD BOND 1,767.00 411 CIP STREET PROJECTS FUND 48,144.54 414 CIP ADMIN PROJECTS FUND 21.50 435 ARPA/SLFRF FUND 5,017.90 611 LIABILITY /RISK MGMT FUND 23,597.08 621 OFFICE SUPPORT 211.19 623 VEHICLE & EQUIPMENT MAINT 561.45 713 WVCWP AGENCY FUND 3,235.01 TOTAL REPORT 212,368.28 58 SUNGARD PUBLIC SECTOR PAGE NUMBER: 1 DATE: 06/29/2023 CITY OF SARATOGA VENCHK11 TIME: 12:45:01 CHECK REGISTER ACCOUNTING PERIOD: 12/23 FUND - 009 - DISBURSEMENT FUND CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT 147738 11111 06/29/23 1422 4LEAF INC. 64173 MAY BLDG INSPECTION 17,601.31 147739 11111 06/29/23 1130 ABLE SEPTIC TANK SVC 81161 GLEN BRAE PLUMBING 621.25 147739 11111 06/29/23 1130 ABLE SEPTIC TANK SVC 81161 GLEN BRAE PLUMBING 585.00 147739 11111 06/29/23 1130 ABLE SEPTIC TANK SVC 81161 SCULLY AVE PLUMBING 290.00 147739 11111 06/29/23 1130 ABLE SEPTIC TANK SVC 81161 WILDWOOD PARK SEWER 1,132.00 TOTAL CHECK 2,628.25 147740 11111 06/29/23 66 ADVANCED LISTING SERVICES 22119 ENV19-0004 LISTING 175.00 147741 11111 06/29/23 500 ALAN WILLIAMS 43481 TREE REF TRP23-0319 130.00 147742 11111 06/29/23 953 ARC DOCUMENT SOLUTIONS, L 64121 PRINTING SERVICES 213.89 147743 11111 06/29/23 1137 BEAR ELECTRICAL SOLUTIONS 64534 TRAFFIC SIGNAL MAINT 435.00 147743 11111 06/29/23 1137 BEAR ELECTRICAL SOLUTIONS 64535 TRAFFIC SIGNAL MAINT 4,050.00 TOTAL CHECK 4,485.00 147744 11111 06/29/23 1536 CALIFORNIA SPORT DESIGN 61313 UNIFORMS 310.06 147744 11111 06/29/23 1536 CALIFORNIA SPORT DESIGN 61313 UNIFORMS 203.17 147744 11111 06/29/23 1536 CALIFORNIA SPORT DESIGN 61313 UNIFORMS 78.52 147744 11111 06/29/23 1536 CALIFORNIA SPORT DESIGN 61313 UNIFORMS 86.11 TOTAL CHECK 677.86 147745 11111 06/29/23 1099 CAPITOL EXPRESSWAY FORD 64611 MAINT ESCAPE HYBRID 561.45 147746 11111 06/29/23 937 CITY OF SARATOGA 71124 FY22/23 DEBT MGMT SVC 1,000.00 147747 11111 06/29/23 500 COASTWIDE ELECTRIC 43471 PERMIT 23-1371 CANCEL 242.50 147747 11111 06/29/23 500 COASTWIDE ELECTRIC 43112 PERMIT 23-1371 CANCEL 1.50 147747 11111 06/29/23 500 COASTWIDE ELECTRIC 43117 PERMIT 23-1371 CANCEL 20.00 147747 11111 06/29/23 500 COASTWIDE ELECTRIC 41412 PERMIT 23-1371 CANCEL 36.38 TOTAL CHECK 300.38 147748 11111 06/29/23 930 COLE SUPPLY COMPANY, INC. 61341 LANDSCAPE SUPPLIES 1,683.36 147748 11111 06/29/23 930 COLE SUPPLY COMPANY, INC. 61341 LANDSCAPE SUPPLIES 54.57 TOTAL CHECK 1,737.93 147749 11111 06/29/23 1152 CORODATA RECORDS MANAGEME 62631 MAY RECORDS STORAGE 211.19 147750 11111 06/29/23 1598 DACO CONSTRUCTION 81161 FRUITVALE AVE ASPHALT 9,700.00 147751 11111 06/29/23 1681 DAVEY RESOURCE GROUP, INC 22119 FEB ARBORIST CONSULT 5,503.75 147751 11111 06/29/23 1681 DAVEY RESOURCE GROUP, INC 22119 MAY ARBORIST CONSULT 5,163.75 TOTAL CHECK 10,667.50 147752 11111 06/29/23 1717 DINSMORE LANDSCAPE COMPAN 64549 QUITO GARDEN CLEANUP 999.00 147753 11111 06/29/23 370 ECONOMY LUMBER 62419 WILDWOOD PK STAGE RPR 23,597.08 147754 11111 06/29/23 423 FEHR & PEERS 65511 TRAFFIC ENGINEERING 11,604.06 147754 11111 06/29/23 423 FEHR & PEERS 65511 TRAFFIC ENGINEERING 4,365.75 147754 11111 06/29/23 423 FEHR & PEERS 65511 TRAFFIC ENGINEERING 7,609.88 TOTAL CHECK 23,579.69 147755 11111 06/29/23 455 GARDENLAND POWER EQUIPMEN 61312 SMALL TOOLS 441.81 59 SUNGARD PUBLIC SECTOR PAGE NUMBER: 2 DATE: 06/29/2023 CITY OF SARATOGA VENCHK11 TIME: 12:45:01 CHECK REGISTER ACCOUNTING PERIOD: 12/23 FUND - 009 - DISBURSEMENT FUND CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT 147756 11111 06/29/23 1268 GIULIANI & KULL - SAN JOS 22119 JOB #09153 SUB20-0003 155.00 147756 11111 06/29/23 1268 GIULIANI & KULL - SAN JOS 22119 JOB #09153 LLA19-0003 1,085.00 147756 11111 06/29/23 1268 GIULIANI & KULL - SAN JOS 22119 JOB #09153 ULS22-0003 77.50 TOTAL CHECK 1,317.50 147757 11111 06/29/23 1709 GREEN PRO SOLUTIONS 61341 LANDSCAPE SUPPLIES 935.55 147758 11111 06/29/23 563 HEID, W JEFFREY 64549 FREDRICKSBUG LANSCAPE 1,250.00 147759 11111 06/29/23 472 HT HARVEY & ASSOCIATES 81161 MT. EDEN RD STABILIZE 2,063.83 147760 11111 06/29/23 14 HYDROTEC IRRIGATION EQUIP 64549 MCCARTYSVILLE SPRNKLR 180.46 147760 11111 06/29/23 14 HYDROTEC IRRIGATION EQUIP 64549 EAST COVINA SPRINKLER 135.48 147760 11111 06/29/23 14 HYDROTEC IRRIGATION EQUIP 64549 PARKING DIST RPR 132.72 147760 11111 06/29/23 14 HYDROTEC IRRIGATION EQUIP 64549 PROSPECT BACKFLOW 362.49 147760 11111 06/29/23 14 HYDROTEC IRRIGATION EQUIP 64549 QUITO PK SPRNKLR RPR 138.30 147760 11111 06/29/23 14 HYDROTEC IRRIGATION EQUIP 64549 AZULE PK PUMP 76.00 147760 11111 06/29/23 14 HYDROTEC IRRIGATION EQUIP 64549 BLANEY VALVE REPLACE 158.11 147760 11111 06/29/23 14 HYDROTEC IRRIGATION EQUIP 64549 AZULE PK PUMP RESET 147.00 TOTAL CHECK 1,330.56 147761 11111 06/29/23 19 IAN GEDDES TREE CARE, INC 64544 SARA-SUNNYVL TR CLEAN 9,000.00 147761 11111 06/29/23 19 IAN GEDDES TREE CARE, INC 64544 SARA-SUNNYVL TR CLEAN 2,937.50 TOTAL CHECK 11,937.50 147762 11111 06/29/23 63 INTERSTATE TRAFFIC CONTRO 81121 SAFETY MIRRORS 864.06 147762 11111 06/29/23 63 INTERSTATE TRAFFIC CONTRO 81121 STREETS SUPPLIES 450.19 TOTAL CHECK 1,314.25 147763 11111 06/29/23 1595 KEENAN & ASSOCIATES 67711 WVCWP AUTO INS 23/24 384.00 147763 11111 06/29/23 1595 KEENAN & ASSOCIATES 67713 WVCWP LIAB INS 23/24 2,851.01 TOTAL CHECK 3,235.01 147764 11111 06/29/23 739 LAFCO 62239 FY2024 LAFCO BUDGET 1,566.36 147765 11111 06/29/23 1792 MULLINS CONSTRUCTION INC 64549 PARKING DIST WALL 980.00 147765 11111 06/29/23 1792 MULLINS CONSTRUCTION INC 64549 PARKING DIST TRASH 475.00 147765 11111 06/29/23 1792 MULLINS CONSTRUCTION INC 64549 PROSPECT CTR FENCE 850.00 147765 11111 06/29/23 1792 MULLINS CONSTRUCTION INC 64549 BRKGLEN PK FENCE RPR 850.00 TOTAL CHECK 3,155.00 147766 11111 06/29/23 79 MUNISERVICES/AVENU 65132 Q4 2023 STARS SERVICE 500.00 147767 11111 06/29/23 500 MUTHUKUMARAVELU VELAYOUDA 22113 REF BD DEP ARB21-0049 10,585.00 147767 11111 06/29/23 500 MUTHUKUMARAVELU VELAYOUDA 22111 REF DEP ARB21-0049 594.07 TOTAL CHECK 11,179.07 147768 11111 06/29/23 110 NBS-GOVT FINANCE GROUP 71124 2023-Q3 ADMIN FEES 767.00 147769 11111 06/29/23 1087 OSCAR URVIZO TELLEZ/OSCAR 64581 STORM PROJ-COX/HOMES 3,300.00 147769 11111 06/29/23 1087 OSCAR URVIZO TELLEZ/OSCAR 64581 STORM PROJ-PALMTAG DR 1,900.00 147769 11111 06/29/23 1087 OSCAR URVIZO TELLEZ/OSCAR 64581 STORM PROJ-BROOKGLEN 4,500.00 147769 11111 06/29/23 1087 OSCAR URVIZO TELLEZ/OSCAR 64581 STORM PROJ-BROOKVIEW 1,400.00 147769 11111 06/29/23 1087 OSCAR URVIZO TELLEZ/OSCAR 64581 STORM PROJ-BROOKGLEN 1,400.00 147769 11111 06/29/23 1087 OSCAR URVIZO TELLEZ/OSCAR 64581 STORM PROJ-SARA/REID 2,100.00 60 SUNGARD PUBLIC SECTOR PAGE NUMBER: 3 DATE: 06/29/2023 CITY OF SARATOGA VENCHK11 TIME: 12:45:01 CHECK REGISTER ACCOUNTING PERIOD: 12/23 FUND - 009 - DISBURSEMENT FUND CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT 147769 11111 06/29/23 1087 OSCAR URVIZO TELLEZ/OSCAR 64581 STORM PROJ-MILJEVICH 1,350.00 147769 11111 06/29/23 1087 OSCAR URVIZO TELLEZ/OSCAR 64581 STORM PROJ-BRANDYWINE 1,750.00 147769 11111 06/29/23 1087 OSCAR URVIZO TELLEZ/OSCAR 64581 STORM PROJ-PROSPECT 3,350.00 TOTAL CHECK 21,050.00 147770 11111 06/29/23 1087 OSCAR URVIZO TELLEZ/OSCAR 81161 ALLENDALE TREE RMV 4,275.00 147771 11111 06/29/23 1087 OSCAR URVIZO TELLEZ/OSCAR 64581 VAQUERO CT TREE RMV 8,000.00 147772 11111 06/29/23 1087 OSCAR URVIZO TELLEZ/OSCAR 64581 GOLETA AVE TREE RMV 702.50 147773 11111 06/29/23 1087 OSCAR URVIZO TELLEZ/OSCAR 64581 GOLETA AVE TREE RMV 272.50 147774 11111 06/29/23 1087 OSCAR URVIZO TELLEZ/OSCAR 64581 PEACH HILL TREE RMV 1,575.00 147775 11111 06/29/23 1754 SANDIS CIVIL ENGINEERS SU 81142 VILLAGE PARKING PROJ 2,389.65 147776 11111 06/29/23 1 SANTA CLARA COUNTY - DTAC 62325 MAY HANDICAP CITATION 143.20 147776 11111 06/29/23 1 SANTA CLARA COUNTY - DTAC 62325 MAY PARKING CITATION 125.00 TOTAL CHECK 268.20 147777 11111 06/29/23 787 SPRAY TECHNOLOGY 81161 VILLAGE PARK BENCHES 24,300.00 147778 11111 06/29/23 1394 ST. FRANCIS ELECTRIC, LLC 64534 TS ON CALL SERVICES 1,435.00 147779 11111 06/29/23 248 STATE OF CA FRANCHISE TAX 21252 DED:2011 FTB W/H 50.00 147780 11111 06/29/23 402 VISTA LANDSCAPE & MAINTEN 81161 BEAUCHAMPS GATE RPR 995.00 147780 11111 06/29/23 402 VISTA LANDSCAPE & MAINTEN 81161 SARA-SNNY RETAIN WALL 999.00 TOTAL CHECK 1,994.00 147781 11111 06/29/23 1437 WESTFALL ENGINEERS, INC. 65519 4TH ST TOPOGRAPHIC 780.00 147781 11111 06/29/23 1437 WESTFALL ENGINEERS, INC. 65519 4TH ST TOPOGRAPHIC 1,520.00 TOTAL CHECK 2,300.00 147782 11111 06/29/23 1437 WESTFALL ENGINEERS, INC. 81144 SARA BRIDGES SURVEY 2,100.00 147783 11111 06/29/23 446 ZAP MANUFACTURING, INC 81121 STREETS SUPPLIES 2,397.46 TOTAL FUND 212,368.28 TOTAL REPORT 212,368.28 61 SUNGARD PUBLIC SECTOR PAGE NUMBER: 1 DATE: 07/06/2023 CITY OF SARATOGA VENCHK11 TIME: 13:00:42 CHECK REGISTER - FUND TOTALS ACCOUNTING PERIOD: 1/24 FUND FUND TITLE AMOUNT 111 GENERAL FUND 123,361.21 246 GREENBRIAR LANDSCAPE 950.00 252 PRIDES CROSSING LANDSCAPE 4,884.62 273 GATEWAY L&L 10.90 276 TOLLGATE L&L 117.04 411 CIP STREET PROJECTS FUND 33,371.15 412 CIP PARKS PROJECT FUND 17,574.00 413 CIP FACILITY PROJECT FUND 3,638.42 414 CIP ADMIN PROJECTS FUND 721.25 422 PARK IN-LIEU FEES FUND 20,000.00 611 LIABILITY /RISK MGMT FUND 980.00 622 IT SERVICES 397.99 623 VEHICLE & EQUIPMENT MAINT 230.00 624 BUILDING MAINTENANCE 10,402.19 713 WVCWP AGENCY FUND 5,208.63 TOTAL REPORT 221,847.40 62 SUNGARD PUBLIC SECTOR PAGE NUMBER: 1 DATE: 07/06/2023 CITY OF SARATOGA VENCHK11 TIME: 12:59:41 CHECK REGISTER ACCOUNTING PERIOD: 1/24 FUND - 009 - DISBURSEMENT FUND CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT 147784 11111 07/06/23 234 A T & T 63211 QUITO IRR MODEM LINE 26.72 147784 11111 07/06/23 234 A T & T 63211 TITUS/PRSPECT MED-IRR 27.23 147784 11111 07/06/23 234 A T & T 63211 PROSPECT RD GRACE BLD 52.06 147784 11111 07/06/23 234 A T & T 63211 HISTORICAL PARK IRR 27.23 147784 11111 07/06/23 234 A T & T 63211 SUPERTRUNK 410.41 147784 11111 07/06/23 234 A T & T 63211 BIG BASIN WAY IRR 27.23 TOTAL CHECK 570.88 147785 11111 07/06/23 66 ADVANCED LISTING SERVICES 22119 ENV19-0005 LISTING 175.00 147786 11111 07/06/23 1187 ASSOCIATED SERVICES COMPA 61133 FACILITIES SUPPLIES 360.94 147787 11111 07/06/23 500 ATIF SARWARI 43481 TREE REF TRP23-0130 130.00 147788 11111 07/06/23 1447 BP-PAK, INC. 81161 GENERATOR PROPANE 3,638.42 147789 11111 07/06/23 500 CHRISTINE BURNS 43481 TREE REF TRP23-0284 130.00 147790 11111 07/06/23 930 COLE SUPPLY COMPANY, INC. 61341 LANDSCAPE SUPPLIES 700.99 147791 11111 07/06/23 250 COTTON SHIRES AND ASSOCIA 81141 GEOTECH SVCS-PALOMINO 1,399.65 147791 11111 07/06/23 250 COTTON SHIRES AND ASSOCIA 81144 GEOTECH SVCS-OLD OAK 1,459.75 147791 11111 07/06/23 250 COTTON SHIRES AND ASSOCIA 81144 GEOTECH SVCS-MT EDEN 3,282.75 TOTAL CHECK 6,142.15 147792 11111 07/06/23 1794 EAGLE SIGNS AND DESIGNS L 64549 PRIDES CROSSING SIGNS 4,884.62 147793 11111 07/06/23 455 GARDENLAND POWER EQUIPMEN 61341 LANDSCAPE SUPPLIES 187.58 147794 11111 07/06/23 500 JACQUELINE CAMPOS 24211 DEP REFUND FACILITY 500.00 147795 11111 07/06/23 500 JON KWONG 68353 NBHD WATCH GRANT RMB 300.00 147796 11111 07/06/23 636 JULIE R INGRAHAM 66213 JAN-JUN MILEAGE RMB 47.29 147797 11111 07/06/23 1078 JUST LEAKS, INC. 64522 FRIENDSHIP HALL ROOF 2,786.36 147798 11111 07/06/23 132 KEN FUSON PEST MANAGEMENT 64549 WILDWOOD PEST MGMT 120.00 147798 11111 07/06/23 132 KEN FUSON PEST MANAGEMENT 64549 ALLENDALE PEST MGMT 640.00 147798 11111 07/06/23 132 KEN FUSON PEST MANAGEMENT 64549 CSP PEST MGMT-APR 40.00 147798 11111 07/06/23 132 KEN FUSON PEST MANAGEMENT 64549 CSP PEST MGMT-MAY 40.00 TOTAL CHECK 840.00 147799 11111 07/06/23 132 KEN FUSON PEST MANAGEMENT 64545 EXTERIOR PEST CONTROL SER 810.00 147800 11111 07/06/23 700 LEO SALINDONG 66213 MISAC MILEAGE REIMB 296.06 147800 11111 07/06/23 700 LEO SALINDONG 66212 MISAC PARKING REIMB 30.00 TOTAL CHECK 326.06 147801 11111 07/06/23 1765 LISA WISE CONSULTING, INC 81141 PROJ REVIEW/ANALYSIS 721.25 147802 11111 07/06/23 1792 MULLINS CONSTRUCTION INC 62419 WILDWD STAGE ELECTRIC 980.00 147803 11111 07/06/23 1762 NATRON RESOURCES INC. 81143 HAKONE ENGINEER SVCS 575.00 147804 11111 07/06/23 1572 NBBM SERVICES, INC 64511 JANITORIAL SERVICES 1,456.00 63 SUNGARD PUBLIC SECTOR PAGE NUMBER: 2 DATE: 07/06/2023 CITY OF SARATOGA VENCHK11 TIME: 12:59:41 CHECK REGISTER ACCOUNTING PERIOD: 1/24 FUND - 009 - DISBURSEMENT FUND CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT 147804 11111 07/06/23 1572 NBBM SERVICES, INC 64511 JANITORIAL SERVICES 1,904.00 TOTAL CHECK 3,360.00 147805 11111 07/06/23 1062 NI GOVERNMENT SERVICES, I 63211 05/23 AIRTIME 87.35 147806 11111 07/06/23 1732 NWESTCO LLC 62144 JUNE UST INSPECT 230.00 147807 11111 07/06/23 1745 ODP BUSINESS SOLUTIONS, L 61111 OFFICE SUPPLIES 58.37 147807 11111 07/06/23 1745 ODP BUSINESS SOLUTIONS, L 61111 OFFICE SUPPLIES 4.32 147807 11111 07/06/23 1745 ODP BUSINESS SOLUTIONS, L 61111 OFFICE SUPPLIES 24.00 TOTAL CHECK 86.69 147808 11111 07/06/23 1087 OSCAR URVIZO TELLEZ/OSCAR 64581 SARA-SNNYVL EUCALYPTU 9,500.00 147808 11111 07/06/23 1087 OSCAR URVIZO TELLEZ/OSCAR 64581 SARA-SNNYVL OAK TREES 8,500.00 TOTAL CHECK 18,000.00 147809 11111 07/06/23 173 PACIFIC GAS & ELECTRIC 63111 BUILDINGS (MUSEUM) 8.11 147809 11111 07/06/23 173 PACIFIC GAS & ELECTRIC 63111 MONTE VISTA DRIVE 10.51 147809 11111 07/06/23 173 PACIFIC GAS & ELECTRIC 63111 BUILDINGS 136.75 147809 11111 07/06/23 173 PACIFIC GAS & ELECTRIC 63111 VILLAGE LIGHTING 9.86 147809 11111 07/06/23 173 PACIFIC GAS & ELECTRIC 63111 EL CAMINO GRANDE PUMP 10.51 147809 11111 07/06/23 173 PACIFIC GAS & ELECTRIC 63111 GATEWAY SERVICE 10.90 147809 11111 07/06/23 173 PACIFIC GAS & ELECTRIC 63111 PARKS/OPEN SPACE 139.12 TOTAL CHECK 325.76 147810 11111 07/06/23 1092 PALACE ART & OFFICE SUPPL 61111 OFFICE SUPPLIES 71.93 147810 11111 07/06/23 1092 PALACE ART & OFFICE SUPPL 61111 OFFICE SUPPLIES 331.32 147810 11111 07/06/23 1092 PALACE ART & OFFICE SUPPL 61111 OFFICE SUPPLIES 39.82 147810 11111 07/06/23 1092 PALACE ART & OFFICE SUPPL 61111 OFFICE SUPPLIES 127.41 147810 11111 07/06/23 1092 PALACE ART & OFFICE SUPPL 61111 OFFICE SUPPLIES 189.60 147810 11111 07/06/23 1092 PALACE ART & OFFICE SUPPL 61111 OFFICE SUPPLIES 11.72 147810 11111 07/06/23 1092 PALACE ART & OFFICE SUPPL 66112 MTG EXPENSES-WATER 59.75 TOTAL CHECK 831.55 147811 11111 07/06/23 1803 PROFESSIONAL DEVELOPMENT 66211 PDA ONLINE TRAINING 375.00 147812 11111 07/06/23 500 RASHI SANGHI 24211 DEP REFUND FACILITY 500.00 147813 11111 07/06/23 1338 ROBERT CHAVEZ FENCING 81161 CSP LOWER FIELD FENCE 16,000.00 147813 11111 07/06/23 1338 ROBERT CHAVEZ FENCING 81161 PONY FIELDS BACKSTOPS 999.00 TOTAL CHECK 16,999.00 147814 11111 07/06/23 1338 ROBERT CHAVEZ FENCING 81161 QUITO PK PICKLEBALL 20,000.00 147815 11111 07/06/23 743 ROTARY CLUB OF SARATOGA 62251 ANNUAL DUES FY2023/24 400.00 147816 11111 07/06/23 1663 SAN JOSE MAILING 64121 POSTCARDS/MAILING 391.70 147817 11111 07/06/23 87 SAN JOSE WATER COMPANY 63112 BUILDINGS 1,261.36 147817 11111 07/06/23 87 SAN JOSE WATER COMPANY 63112 PARKS/OPEN SPACE 22,840.41 147817 11111 07/06/23 87 SAN JOSE WATER COMPANY 63112 TOLLGATE 117.04 147817 11111 07/06/23 87 SAN JOSE WATER COMPANY 63112 MEDIANS/PARKWAYS 4,028.72 TOTAL CHECK 28,247.53 147818 11111 07/06/23 979 SARATOGA SPRINGS 66131 RECOGNITION DINNER 3,489.30 64 SUNGARD PUBLIC SECTOR PAGE NUMBER: 3 DATE: 07/06/2023 CITY OF SARATOGA VENCHK11 TIME: 12:59:41 CHECK REGISTER ACCOUNTING PERIOD: 1/24 FUND - 009 - DISBURSEMENT FUND CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT 147819 11111 07/06/23 154 SHUTE MIHALY & WEINBERGER 22119 AHFV EIR-ENV21-0011 314.10 147819 11111 07/06/23 154 SHUTE MIHALY & WEINBERGER 65212 ADMIN SVC 266.00 147819 11111 07/06/23 154 SHUTE MIHALY & WEINBERGER 65213 CDD 5,000.80 147819 11111 07/06/23 154 SHUTE MIHALY & WEINBERGER 65219 CITY CLERK 638.40 147819 11111 07/06/23 154 SHUTE MIHALY & WEINBERGER 65211 CM 2,819.60 147819 11111 07/06/23 154 SHUTE MIHALY & WEINBERGER 22119 DE SANKA VAC23-0001 1,276.80 147819 11111 07/06/23 154 SHUTE MIHALY & WEINBERGER 65218 HR 133.00 147819 11111 07/06/23 154 SHUTE MIHALY & WEINBERGER 65256 NON-DEP 125.82 147819 11111 07/06/23 154 SHUTE MIHALY & WEINBERGER 65217 OH/CC MEETINGS 3,484.60 147819 11111 07/06/23 154 SHUTE MIHALY & WEINBERGER 65215 PW SUB20-0003 3,910.20 147819 11111 07/06/23 154 SHUTE MIHALY & WEINBERGER 65227 RISK MANAGEMENT 319.20 147819 11111 07/06/23 154 SHUTE MIHALY & WEINBERGER 22119 SB35 PROJ SUB20-0004 4,153.10 147819 11111 07/06/23 154 SHUTE MIHALY & WEINBERGER 22119 PALM VILLA ENV17-0001 218.40 147819 11111 07/06/23 154 SHUTE MIHALY & WEINBERGER 22119 RW ENV19-0005 244.30 147819 11111 07/06/23 154 SHUTE MIHALY & WEINBERGER 65223 GENERAL PLAN 4,426.14 147819 11111 07/06/23 154 SHUTE MIHALY & WEINBERGER 22119 QUITO OAKS SUB20-0003 69.80 TOTAL CHECK 27,400.26 147820 11111 07/06/23 160 SIERRA PACIFIC TURF SUPPL 61341 LANDSCAPE SUPPLIES 2,084.29 147821 11111 07/06/23 1383 SILICON VALLEY CLEAN ENER 66211 ASSOCIATION DINNER 300.00 147822 11111 07/06/23 500 SU YI & CHEN YUE 44491 TREE REF 23-1513 3,198.72 147823 11111 07/06/23 1610 THE HOME DEPOT PRO 61111 JANITORIAL SUPPLIES 1,216.20 147824 11111 07/06/23 1747 TRAFFIC PATTERNS LLC 64534 TCP-QUITO RD 400.00 147824 11111 07/06/23 1747 TRAFFIC PATTERNS LLC 64534 TCP-SARA PROSPECT CTR 400.00 147824 11111 07/06/23 1747 TRAFFIC PATTERNS LLC 64534 BACKUP SYSTEM RPLC 8,250.00 147824 11111 07/06/23 1747 TRAFFIC PATTERNS LLC 81161 TRAFFIC SIGNAL UPGRAD 8,805.00 TOTAL CHECK 17,855.00 147825 11111 07/06/23 1747 TRAFFIC PATTERNS LLC 64535 SMART CITY SIGNALS 23,940.00 147826 11111 07/06/23 391 US BANK PURCHASING CARD P 66211 WVCWP CASQA CONF 1,550.00 147826 11111 07/06/23 391 US BANK PURCHASING CARD P 62171 WVCWP FUEL 49.36 147826 11111 07/06/23 391 US BANK PURCHASING CARD P 64313 WVCWP INTERNET 161.77 147826 11111 07/06/23 391 US BANK PURCHASING CARD P 66111 WVCWP MTG-SOFTWARE 55.99 147826 11111 07/06/23 391 US BANK PURCHASING CARD P 61171 WVCWP OFFICE SOFTWARE 2,511.64 147826 11111 07/06/23 391 US BANK PURCHASING CARD P 61111 WVCWP OFFICE SUPPLIES 241.71 147826 11111 07/06/23 391 US BANK PURCHASING CARD P 61119 WVCWP OUTREACH SPPL 324.56 147826 11111 07/06/23 391 US BANK PURCHASING CARD P 61112 WVCWP POSTAGE 9.90 147826 11111 07/06/23 391 US BANK PURCHASING CARD P 63211 WVCWP TELEPHONE 279.53 147826 11111 07/06/23 391 US BANK PURCHASING CARD P 64313 WVCWP WEBSITE SERVICE 24.17 TOTAL CHECK 5,208.63 147827 11111 07/06/23 1524 VILLALOBOS & ASSOCIATES 81161 STORM DRAIN PIPE RPLC 10,450.00 147828 11111 07/06/23 402 VISTA LANDSCAPE & MAINTEN 81161 BEAUCHAMPS GATE 999.00 147828 11111 07/06/23 402 VISTA LANDSCAPE & MAINTEN 64549 PROSPECT RD PLANTS 995.00 147828 11111 07/06/23 402 VISTA LANDSCAPE & MAINTEN 64549 85 FREEWAY WEEDS RMV 360.00 147828 11111 07/06/23 402 VISTA LANDSCAPE & MAINTEN 64549 SARA-SUNNYVALE TREE 550.00 147828 11111 07/06/23 402 VISTA LANDSCAPE & MAINTEN 64549 CIVIC CENTER PLANTS 660.00 147828 11111 07/06/23 402 VISTA LANDSCAPE & MAINTEN 64549 SEAGULL ISLAND PLANTS 950.00 147828 11111 07/06/23 402 VISTA LANDSCAPE & MAINTEN 64549 QUITO PK WEED RMV 360.00 TOTAL CHECK 4,874.00 65 SUNGARD PUBLIC SECTOR PAGE NUMBER: 4 DATE: 07/06/2023 CITY OF SARATOGA VENCHK11 TIME: 12:59:41 CHECK REGISTER ACCOUNTING PERIOD: 1/24 FUND - 009 - DISBURSEMENT FUND CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT 147829 11111 07/06/23 402 VISTA LANDSCAPE & MAINTEN 81161 SARA-SNNY VEGATATION 5,400.00 147830 11111 07/06/23 1437 WESTFALL ENGINEERS, INC. 81144 SOBEY RD DRAINAGE 1,575.00 147831 11111 07/06/23 448 YAN ZHAO 66212 CA CITIES MTG REIMB 214.88 TOTAL FUND 221,847.40 TOTAL REPORT 221,847.40 66 SUNGARD PUBLIC SECTOR PAGE NUMBER: 1 DATE: 07/06/2023 CITY OF SARATOGA VENCHK11 TIME: 13:27:51 CHECK REGISTER - FUND TOTALS ACCOUNTING PERIOD: 1/24 FUND FUND TITLE AMOUNT 111 GENERAL FUND 2,388.00 252 PRIDES CROSSING LANDSCAPE 6,001.88 622 IT SERVICES 1,725.00 TOTAL REPORT 10,114.88 67 SUNGARD PUBLIC SECTOR PAGE NUMBER: 1 DATE: 07/06/2023 CITY OF SARATOGA VENCHK11 TIME: 13:27:40 CHECK REGISTER ACCOUNTING PERIOD: 1/24 FUND - 009 - DISBURSEMENT FUND CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT 147832 11111 07/06/23 1174 CHARGEPOINT, INC. 64312 EV CLOUD SVCS FY23/24 1,725.00 147833 11111 07/06/23 562 COUNTY OF SANTA CLARA 62146 FOOD PERMIT FY23/24 2,388.00 147834 11111 07/06/23 1801 NORTHWEST SIGNS, INC. 64549 MILLER SIGN INSTALL 6,001.88 TOTAL FUND 10,114.88 TOTAL REPORT 10,114.88 68 SARATOGA CITY COUNCIL MEETING DATE:July 19, 2023 DEPARTMENT:Public Works PREPARED BY:Emma Burkhalter, Associate Engineer SUBJECT:Notice of Completion –2022 Pavement Management Program Project RECOMMENDED ACTION: Accept the 2022 Pavement Management Program (2022 PMP) contract as complete and authorize staff to record the Notice of Completion. BACKGROUND: On July 20, 2022, Council awarded a construction contract to O’Grady Paving, Inc. in the amount of $3,623,224.70 for the 2022 Pavement Management Program (PMP). The PMP is now complete and was inspected and accepted by Public Works Staff. The scope of work for this project included street paving, rehabilitation of failed roadway sections, micro-surfacing of roadways,and restriping.The contract was completed under budget,at a final cost of $3,259,210.85. To close out the construction contract and begin the one-year maintenance/warranty period, it is recommended that Council accept the project as complete. Furthermore,it is recommended that the Council authorizes staff to record the attached Notice of Completion for the construction contract so that the requisite 30-day stop notice for filing of claims by subcontractors or material providers may commence. ATTACHMENTS: Attachment A –Notice of Completion for the 2022 Pavement Management Program Project 69 RECORDING REQUESTED BY City of Saratoga WHEN RECORDED MAIL TO City Clerk City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 SPACE ABOVE THIS LINE IS FOR RECORDER’S USE EXEMPT FROM FEES FOR RECORDATION (Gov. C. §27383) NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the work agreed and performed under the contract mentioned below between the City of Saratoga, a municipal corporation, whose address is 13777 Fruitvale Ave., Saratoga, CA 95070, as Owner of property or property rights, and the Contractor mentioned below, on property of the Owner, was accepted as complete by the Owner on the 19th day of July, 2023. Contract Number: N/A Contract Date: July 20, 2022 Contractor’s Name: O’Grady Paving Inc. Contractor’s Address: 2513 Wyandotte St., Mountain View, CA 94043 Description of Work: 2022 Pavement Management Program Notice is given in accordance with the provisions of Section 3093 of the Civil Code of the State of California. The undersigned certifies that he is an officer of the City of Saratoga, that he has read the foregoing Notice of Acceptance of Completion and knows the contents thereof; and that the same is true of his own knowledge, except as to those matters which are therein stated on the information or belief, as to those matters the he believes to be true. I certify under penalty of perjury that the foregoing is true and correct. Executed at the City of Saratoga, County of Santa Clara, State of California on July 19 th, 2023 CITY OF SARATOGA BY:__________________________ATTEST:____________________________ James Lindsay Britt Avrit, City Clerk City Manager Gov. Code 40814 70 71 SARATOGA CITY COUNCIL MEETING DATE:July 19, 2023 DEPARTMENT:Public Works PREPARED BY:Emma Burkhalter, Associate Engineer SUBJECT:Citywide Bikeways and Sidewalk Master Plan –Resolution of Local Support RECOMMENDED ACTION: 1.Adopt a Resolution of Local Support for the Citywide Bikeways and Sidewalk Master Plan to secure the funding provided through One Bay Area Grant (OBAG). 2.Adopt a budget resolution creating a new CIP project for the Citywide Bikeways and Sidewalk Master Plan. BACKGROUND: In 2022, City staff submitted an application for One Bay Area Grant (OBAG) to fund a project to create a master plan for bikeways and sidewalks in the City of Saratoga. The master plan will identify and prioritize locations for new bikeways,sidewalks, and opportunities for gap closure, citywide.The City requested $500,000 for this project, with a local match of 11.4 percent, and the application was recently approved for the full amount.The grant will provide $443,000, and the City’s local match is $57,000. The attached Resolution of Local Support is required to accept this grant of $443,000.In addition, a budget resolution is attached which creates a new CIP project and transfers the required local match from the Streets and Roads fund to the new project. As part of the annual roadway improvements, which includes the Pavement Management Program, approximately $200,000 is allocated for maintenance projects, including, but not limited to, roadway striping, pothole repair, emergency work, and pathway repairs. The local match will be allocated out of this $200,000. It is therefore recommended that the City Council adopt a Resolution of Local Support for the Citywide Bikeways and Sidewalk Master Plan and adopt the attached budget resolution. ATTACHMENT: 72 Attachment A – Resolution of Local Support Attachment B – Budget Resolution 73 Resolution No. Page 1 09/20/16 RESOLUTION OF LOCAL SUPPORT RESOLUTION NO. _____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AUTHORIZING THE FILING OF AN APPLICATION FOR FUNDING ASSIGNED TO MTC AND COMMITTING ANY NECESSARY MATCHING FUNDS AND STATING ASSURANCE TO COMPLETE THE PROJECT WHEREAS, the City of Saratoga (herein referred to as APPLICANT) is submitting an application to the Metropolitan Transportation Commission (MTC) for $443,000 in funding assigned to MTC for programming discretion, which includes federal funding administered by the Federal Highway Administration (FHWA) and federal or state funding administered by the California Transportation Commission (CTC) such as Surface Transportation Block Grant Program (STP) funding, Congestion Mitigation and Air Quality Improvement Program (CMAQ) funding, Transportation Alternatives (TA) set-aside/Active Transportation Program (ATP) funding, and Regional Transportation Improvement Program (RTIP) funding (herein collectively referred to as REGIONAL DISCRETIONARY FUNDING) for the Citywide Master Plan for Bikeways and Sidewalk (herein referred to as PROJECT) for the Congestion Mitigation Air Quality Improvement Program (CMAQ) (herein referred to as PROGRAM); and WHEREAS, the United States Congress from time to time enacts and amends legislation to provide funding for various transportation needs and programs, (collectively, the FEDERAL TRANSPORTATION ACT) including, but not limited to the Surface Transportation Block Grant Program (STP) (23 U.S.C. § 133), the Congestion Mitigation and Air Quality Improvement Program (CMAQ) (23 U.S.C. § 149) and the Transportation Alternatives (TA) set- aside (23 U.S.C. § 133); and WHEREAS, state statutes, including California Streets and Highways Code §182.6, §182.7, and §2381(a)(1), and California Government Code §14527, provide various funding programs for the programming discretion of the Metropolitan Planning Organization (MPO) and the Regional Transportation Planning Agency (RTPA); and WHEREAS, pursuant to the FEDERAL TRANSPORTATION ACT, and any regulations promulgated thereunder, eligible project sponsors wishing to receive federal or state funds for a regionally-significant project shall submit an application first with the appropriate MPO, or RTPA, as applicable, for review and inclusion in the federal Transportation Improvement Program (TIP); and WHEREAS, MTC is the MPO and RTPA for the nine counties of the San Francisco Bay region; and WHEREAS, MTC has adopted a Regional Project Funding Delivery Policy (MTC Resolution No. 3606, revised) that sets out procedures governing the application and use of REGIONAL DISCRETIONARY FUNDING; and WHEREAS, APPLICANT is an eligible sponsor for REGIONAL DISCRETIONARY FUNDING; and 74 Resolution No. Page 2 09/20/16 WHEREAS, as part of the application for REGIONAL DISCRETIONARY FUNDING, MTC requires a resolution adopted by the responsible implementing agency stating the following: the commitment of any required matching funds; and that the sponsor understands that the REGIONAL DISCRETIONARY FUNDING is fixed at the programmed amount, and therefore any cost increase cannot be expected to be funded with additional REGIONAL DISCRETIONARY FUNDING; and that the PROJECT will comply with the procedures, delivery milestones and funding deadlines specified in the Regional Project Funding Delivery Policy (MTC Resolution No. 3606, revised); and the assurance of the sponsor to complete the PROJECT as described in the application, subject to environmental clearance, and if approved, as included in MTC's federal Transportation Improvement Program (TIP); and that the PROJECT will have adequate staffing resources to deliver and complete the PROJECT within the schedule submitted with the project application; and that the PROJECT will comply with all project-specific requirements as set forth in the PROGRAM; and that APPLICANT has assigned, and will maintain a single point of contact for all FHWA- and CTC-funded transportation projects to coordinate within the agency and with the respective Congestion Management Agency (CMA), MTC, Caltrans, FHWA, and CTC on all communications, inquires or issues that may arise during the federal programming and delivery process for all FHWA- and CTC-funded transportation and transit projects implemented by APPLICANT; and in the case of a transit project, the PROJECT will comply with MTC Resolution No. 3866, revised, which sets forth the requirements of MTC’s Transit Coordination Implementation Plan to more efficiently deliver transit projects in the region; and in the case of a highway project, the PROJECT will comply with MTC Resolution No. 4104, which sets forth MTC’s Traffic Operations System (TOS) Policy to install and activate TOS elements on new major freeway projects; and in the case of an RTIP project, state law requires PROJECT be included in a local congestion management plan, or be consistent with the capital improvement program adopted pursuant to MTC’s funding agreement with the countywide transportation agency; and WHEREAS, that APPLICANT is authorized to submit an application for REGIONAL DISCRETIONARY FUNDING for the PROJECT; and WHEREAS, there is no legal impediment to APPLICANT making applications for the funds; and WHEREAS, there is no pending or threatened litigation that might in any way adversely affect the proposed PROJECT, or the ability of APPLICANT to deliver such PROJECT; and WHEREAS, APPLICANT authorizes its Executive Director, General Manager, or designee to execute and file an application with MTC for REGIONAL DISCRETIONARY FUNDING for the PROJECT as referenced in this resolution; and 75 Resolution No. Page 3 09/20/16 WHEREAS, MTC requires that a copy of this resolution be transmitted to the MTC in conjunction with the filing of the application. NOW, THEREFORE, BE IT RESOLVED that the APPLICANT is authorized to execute and file an application for funding for the PROJECT for REGIONAL DISCRETIONARY FUNDING under the FEDERAL TRANSPORTATION ACT or continued funding; and be it further RESOLVED that APPLICANT will provide any required matching funds; and be it further RESOLVED that APPLICANT understands that the REGIONAL DISCRETIONARY FUNDING for the project is fixed at the MTC approved programmed amount, and that any cost increases must be funded by the APPLICANT from other funds, and that APPLICANT does not expect any cost increases to be funded with additional REGIONAL DISCRETIONARY FUNDING; and be it further RESOLVED that APPLICANT understands the funding deadlines associated with these funds and will comply with the provisions and requirements of the Regional Project Funding Delivery Policy (MTC Resolution No. 3606, revised) and APPLICANT has, and will retain the expertise, knowledge and resources necessary to deliver federally-funded transportation and transit projects, and has assigned, and will maintain a single point of contact for all FHWA- and CTC-funded transportation projects to coordinate within the agency and with the respective Congestion Management Agency (CMA), MTC, Caltrans, FHWA, and CTC on all communications, inquires or issues that may arise during the federal programming and delivery process for all FHWA- and CTC-funded transportation and transit projects implemented by APPLICANT; and be it further RESOLVED that PROJECT will be implemented as described in the complete application and in this resolution, subject to environmental clearance, and, if approved, for the amount approved by MTC and programmed in the federal TIP; and be it further RESOLVED that APPLICANT has reviewed the PROJECT and has adequate staffing resources to deliver and complete the PROJECT within the schedule submitted with the project application; and be it further RESOLVED that PROJECT will comply with the requirements as set forth in MTC programming guidelines and project selection procedures for the PROGRAM; and be it further RESOLVED that, in the case of a transit project, APPLICANT agrees to comply with the requirements of MTC’s Transit Coordination Implementation Plan as set forth in MTC Resolution No. 3866, revised; and be it further RESOLVED that, in the case of a highway project, APPLICANT agrees to comply with the requirements of MTC’s Traffic Operations System (TOS) Policy as set forth in MTC Resolution No. 4104; and be it further RESOLVED that, in the case of an RTIP project, PROJECT is included in a local 76 Resolution No. Page 4 09/20/16 congestion management plan, or is consistent with the capital improvement program adopted pursuant to MTC’s funding agreement with the countywide transportation agency; and be it further RESOLVED that APPLICANT is an eligible sponsor of REGIONAL DISCRETIONARY FUNDING funded projects; and be it further RESOLVED that APPLICANT is authorized to submit an application for REGIONAL DISCRETIONARY FUNDING for the PROJECT; and be it further RESOLVED that there is no legal impediment to APPLICANT making applications for the funds; and be it further RESOLVED that there is no pending or threatened litigation that might in any way adversely affect the proposed PROJECT, or the ability of APPLICANT to deliver such PROJECT; and be it further RESOLVED that APPLICANT authorizes its Executive Director, General Manager, City Manager, or designee to execute and file an application with MTC for REGIONAL DISCRETIONARY FUNDING for the PROJECT as referenced in this resolution; and be it further RESOLVED that a copy of this resolution will be transmitted to the MTC in conjunction with the filing of the application; and be it further RESOLVED that the MTC is requested to support the application for the PROJECT described in the resolution, and if approved, to include the PROJECT in MTC's federal TIP upon submittal by the project sponsor for TIP programming. The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 19th day of July 2023 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Kookie Fitzsimmons, Mayor ATTEST: Britt Avrit, MMC, City Clerk 77 Resolution No. Page 5 09/20/16 Instructions for Using the Resolution of Local Support A project sponsor receiving Surface Transportation Block Grant Program (STP), Congestion Mitigation Air Quality Improvement Program (CMAQ), Active Transportation Program (ATP), Regional Improvement Program (RIP), or other regional discretionary funds must adopt a resolution of local support prior to grant funds being added to the Transportation Improvement Program (TIP). The template to be used is found on the MTC website: http://mtc.ca.gov/our-work/fund-invest/federal-funding/obag- 2 Sponsors should always use the template posted on the website to ensure they have the latest version. The sponsor may not make changes to the template with the exception of format changes or additional language to suit the jurisdiction’s resolution conventions. These changes may not modify or condition / limit the MTC resolution language. If your legal counsel feels strongly about making language changes given specific circumstances surrounding a project, he/she needs to discuss these with the MTC General Counsel. The three bulleted statements on page 2 of the resolution that apply to transit, highway, and RTIP projects may be deleted, if they do not apply. After a project sponsor has adopted a resolution of local support for a project, it does not need to go back to the board if the project subsequently receives additional grants from the above fund sources, unless the project scope has changed significantly. If there are scope changes the sponsor should consult with MTC programming staff. The resolution of local support must be transmitted to MTC when a project / grant funds are added to the TIP. The sponsor will attach a PDF of the adopted resolution to the Fund Management System (FMS) application when the sponsor requests a TIP amendment. A schedule containing upcoming due dates for TIP revisions can be found at: http://mtc.ca.gov/our-work/fund-invest/tip/tip-revisions-and-amendments If you have further questions regarding the resolution please contact the following MTC staff: Mallory Atkinson (STP/CMAQ funds) at matkinson@mtc.ca.gov or 415-778-6793 Kenneth Kao (ATP/RIP funds) at kkao@mtc.ca.gov or 415-778-6768 Adam Crenshaw (TIP and FMS) at acrenshaw@mtc.ca.gov or 415-778-6794 78 RESOLUTION NO.__________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA TO CREATE THE CITYWIDE BIKEWAYS AND SIDEWALK MASTER PLAN PROJECT AS A NEW CAPITAL IMPROVEMENT PROJECT (CIP)AND ADJUST THE FISCAL YEAR 2023-24 CIP BUDGET TO RECORD THE GRANT AND LOCAL MATCH FUNDS WHEREAS,City staff submitted an application in July 2022 for One Bay Area Grant (OBAG) to fund a project to create a master plan for bikeways and sidewalks in the City of Saratoga,and WHEREAS,the project will identify and prioritize locations for new bikeways, sidewalks, and opportunities for gap closure, citywide,and WHEREAS, this application was recently approved in a grant amount of $443,000 with a required City local match share of $57,000, and WHEREAS,funding for the required local match is available in the Pavement Management Program capital project, and WHEREAS,it is therefore necessary to adjust the Fiscal Year 2023-24 CIP budget. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga hereby authorizes City staff to: 1.Create a new CIP project for Citywide Bikeways and Sidewalk Master Plan with expenditure budget of $500,000 of which $443,000 is sourced from the OBAG grant and $57,000 is sourced from the City’s CIP funds 2.Transfer $57,000 from the Pavement Management Program project to the new Citywide Bikeways and Sidewalk Master Plan project. [Continued Next Page] 79 The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 19th day of July, 2023 by the following vote: AYES: NOES: ABSENT: ABSTAIN: _______________________ Kookie Fitzsimmons, Mayor Attest: _______________________ Britt Avrit, MMC, City Clerk City of Saratoga 1666322.1 80 SARATOGA CITY COUNCIL MEETING DATE:July 19, 2023 DEPARTMENT:Public Works PREPARED BY:Emma Burkhalter, Associate Engineer SUBJECT:The Elms (Quito Village) Landscape Maintenance Agreement -Pulte RECOMMENDED ACTION: Approve the Landscape Maintenance Agreement with Pulte Home Company, LLC for the landscaping that will be installed in the public right-of-way as part of their new housing development, The Elms. BACKGROUND: In 2022, the City Engineer approved Pulte Home Company, LLC (Pulte)’s off-site improvement plans for their 90-unit condo development at the site formally known as Quito Village. The improvement plans included three landscape strips adjacent to the new sidewalks on Cox Ave and Paseo Presada, as well as a landscaped area across from Paseo Lado. The maintenance of all these landscape areas will be the responsibility of developer (Pulte) and, ultimately, The Elms Homeowner’s Association once it’s created. It is therefore recommended that City Council approve the Landscape Maintenance Agreement with Pulte Home Company, LLC for the right-of-way landscaping their development will be responsible for. ATTACHMENT: Attachment A –Landscape Maintenance Agreement 81 1 RECORDING REQUESTED BY: CITY OF SARATOGA AFTER RECORDATION RETURN TO: CITY OF SARATOGA Attn: City Clerk 13777 Fruitvale Avenue Saratoga, CA 95070 THIS SPACE FOR RECORDER'S USE Record without fee pursuant to Government Code Section 6103 LANDSCAPE MAINTENANCE AGREEMENT This Landscape Maintenance Agreement (the “Agreement”) is made and entered into on this _______ day of ___________, 2023 by and between the City of Saratoga, a municipal corporation (“City”), and PULTE HOME COMPANY, LLC, a Michigan limited liability company (“Owner”) (collectively the “Parties” and each a “Party”). WHEREAS, Owner is the owner of certain real property located in the City of Saratoga, County of Santa Clara, State of California, more particularly described on Exhibit A hereto (the “Property”), which is known as Assessor’s Parcel Number 389-12-020; and WHEREAS, pursuant to the approved development application and conditions of approval with the Tract Map, Owner intends to install landscaping and landscaping improvements described in the proposed Landscape and Irrigation Plan to be submitted to the City’s Community Development Department, in certain public rights of way of City (the “Landscape Areas”, with such landscaping and landscaping improvements located within the Landscape Areas referred to collectively as the “Landscaping”)), as illustrated in Exhibit B hereto and referred to therein as “Offsite Landscaping” and “Paseo Lado Right of Way”; and WHERAS, PULTE HOME COMPANY, LLC is forming or has formed a homeowner’s association (“Association”) whose obligations under its governing documents and/or any applicable community entitlement shall include the maintenance of the Landscaping; and WHEREAS, the parties hereto declare that said real property is to be held and conveyed subject to the covenants, charges, and agreements set forth herein; NOW, THEREFORE, the Parties hereby agree as follows: 1. Owner acknowledges that the City has not approved the Landscape and Irrigation Plan, and that the Landscape and Irrigation Plan as ultimately approved may differ from Owner’s initial submittal. Owner acknowledgement and Agreement does not provide any assurance or entitlement as to the approval of the Landscape and Irrigation Plan, waives any claim to the contrary 82 2 of such acknowledgement, and agrees that it shall be estopped to make any contrary assertion in any legal proceeding. Upon approval of the Landscape and Planting Plan, it will be incorporated into this Agreement without further action by either Party. For purposes of this Agreement, “Landscape Plan” means the Landscape and Irrigation Plan as it is ultimately approved. 2. Owner agrees to plant, construct, and otherwise install the Landscaping as shown on the Landscape Plan. 3. At all times during and after installation of the Landscaping, Owner, at no cost or expense to City, shall ensure that the Landscaping is kept and maintained in good and orderly condition, repair, and maintenance in conformance with the Landscape Plan, including without limitation, the replanting and replacing of any lawns, trees, plants, or shrubbery that may become diseased, destroyed, or die. 4. If the City’s Director of Community Development (“the Director”) determines that any part of the Landscaping no longer meets the requirements and standards of the Landscape Plan, the Director may give written notice of the deficiencies a demand for correction thereof to Owner. In the event Owner fails to perform and complete the corrective work within ninety (90) days following receipt of the written demand (or if the corrective work is of such nature that it cannot reasonably be completed within ninety (90) days, then in the event Owner fails to promptly commence such work and prosecute the same diligently to completion), then City shall have the right, but not the obligation, to cause such corrective work to be performed, in whole or in part, by its own agents and employees or by outside contractors retained by City for such purpose. Any and all costs or expenses incurred by City in connection with the performance of the corrective work shall be charged to Owner and will be immediately due and payable by Owner to City. Until such charges are paid in full by Owner, the amount thereof will constitute a lien and encumbrance upon the Property, subject to the exception set out in Section 6 below. Said lien may be enforced in a civil action brought in the name of City in any Court of competent jurisdiction, or in the alternative, shall constitute a special assessment against said real property and shall be collected at the same time and in the same manner as real property taxes are collected by City, all the provisions relating to tax delinquency being made applicable thereto. Nothing herein contained shall be construed to impose any duty, responsibility, or obligation upon the Director to inspect, visit or otherwise view said landscaping, landscaped area, or landscaping improvements for purposes of determining whether upkeep and maintenance repairs are required pursuant to this Agreement. 5. Any demand by the Director pursuant to Paragraph 4 hereof, requiring Owner to perform corrective work, may be appealed by Owner to the City Council by filing a Notice of Appeal with the City Clerk within fifteen (15) days after Owner’s receipt of such demand. The period of time for the Owner’s completion of the demanded work shall be tolled during the pendency of an appeal. If the demand is affirmed or affirmed as modified by the City Council, the period of time for Owner’s completion of the demanded work shall begin to run from the date the City Council renders its decision. 6. This Agreement shall constitute a covenant running with the Property and shall be binding upon and inure to the benefit of the heirs, executors, grantees, successors and assigns of Owner, except that it shall not burden or benefit any separate interest in a common-interest development on the Property. 83 3 7. By this Agreement, the City hereby grants to Owner, its successors and assigns, the right to enter the Landscape Areas to construct, use, maintain, operate, repair, and replace the Landscaping, subject to the terms and conditions of this Agreement. Notwithstanding any provision of this Agreement to the contrary, upon the later of the completion of the installation of all of the Landscaping and the commencement of the maintenance of any of the Landscaping by the Association, the rights and obligations of the Owner under this Agreement shall be assigned to and assumed by the Association and the Association shall thereafter be deemed the Owner under this Agreement. Owner shall provide written notice to the City within fourteen (14) days of such assignment and assumption at the following address: City of Saratoga Public Works Department, 13777 Fruitvale Avenue, Saratoga, CA 95070. The duty to provide such notice shall survive assignment and assumption. Such assignment and assumption shall become effective upon Owner’s provision of such notice. Except for the duty to provide notice a set out herein, upon such assignment and assumption, PULTE HOME COMPANY, LLC shall have no further liability or obligations under this Agreement, including without limitation with respect to any action or inaction by the Association. 8. Owner hereby releases and agrees to indemnify, hold and save City, its officers, employees, and agents harmless from and against any and all damage, injury, and/or death to persons and property, and any and all claims, demands, costs, losses, damages, injuries or liability, including attorney’s fees, howsoever caused, resulting directly or indirectly from the performance or nonperformance of any and all work done or to be done pursuant to this Agreement, including without limitation any made or suffered Owner or Owner’s agents, employees, contractors, or subcontractors. Developer shall not be required to 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. Without limiting the generality of the foregoing indemnity, such indemnity obligation expressly extends to and includes any and all claims, demands, losses, damages, costs, expenses, fines, penalties, judgments, or liability occasioned as a result of damages to adjacent property caused by the conduct of the installation and maintenance for the Landscaping. 9. Owner shall own all Landscaping, including without limitation any Improvements and fixtures. City’s or the public’s use of the Landscaping or the Landscape Areas does not imply acceptance. Owner waives any claim that the City’s or public’s use of the Landscaping or the Landscape Areas constitutes implied acceptance of any portion of the Landscaping. Owner hereby waives for itself and its assigns and successors any and all claims, demands, costs, losses, damages, injuries, or liability, including attorney’s fees, howsoever caused, against the City arising directly or indirectly from the public’s use of the portion of the Landscape Areas in the Paseo Lado right-of-way as shown on Exhibit B. Owner acknowledges that City owns the Paseo Lado right-of-way in fee and retains all of the rights and authority of such ownership, except as explicitly granted to Owner in this Agreement or otherwise previously granted. 10. This Agreement sets forth the complete understanding of the parties and supersedes all prior agreements, understandings, negotiations and discussions, whether oral or written, of the 84 4 parties in connection with the subject matter thereof. No supplement, modification, discharge, waiver or termination of this Agreement or any provisions hereof shall be binding unless executed in writing by the parties to be bound thereby, except that the Landscape Plan as approved by the City will be incorporated into the Agreement pursuant to Section 1 above. 11. The Parties agree that this Agreement shall be recorded against the title of the Property, for the purpose of providing constructive notice to any future owner of the Property of Owner’s obligations and responsibilities hereunder. 12. Each of the signatories hereto warrants and represents that he or she has the authority to sign this agreement and to bind any party on whose behalf said signature is made and/or to bind any property with respect to which said signature is made. IN WITNESS WHEREOF, this agreement has been duly executed by the parties hereto on __________, 2023. Signatures on following page 85 5 Date __________________ Owner By:___________________________ WILLIAM C SADLER III DEVELOPMENT DIRECTOR PULTE HOME COMPANY, LLC. Date___________________ City By: __________________________ James Lindsay City Manager 1652129.5 86 6 INSTRUCTIONS This Agreement shall be recorded. Developer(s) signature(s) must each be acknowledged by a notary. Inform the notary that the acknowledgement is for an instrument to be recorded (California Civil Code §1169, et seq.) ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA _____________________________) COUNTY OF _______________________________________) On this _____ day of __________, 2023, before me, _____________________________ a Notary Public, personally appeared ___________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. __________________________ Notary Public 87 7 INSTRUCTIONS This Agreement shall be recorded. Developer(s) signature(s) must each be acknowledged by a notary. Inform the notary that the acknowledgement is for an instrument to be recorded (California Civil Code §1169, et seq.) ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA _____________________________) COUNTY OF _______________________________________) On this _____ day of __________, 2023, before me, _____________________________ a Notary Public, personally appeared ___________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. __________________________ Notary Public 88 8 EXHIBIT A THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SARATOGA, IN THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL A AS SHOWN ON THE MAP ENTITLED “TRACT NO. 10560” FILED ON DECEMBER 2, 2021, IN BOOK 943 OF MAPS, AT PAGE 48, SANTA CLARA COUNTY RECORDS. APN: 389-12-020 89 SARATOGA CITY COUNCIL MEETING DATE:July 19, 2023 DEPARTMENT:Community Development Department PREPARED BY:David Dorcich, Associate Engineer SUBJECT:Final Map Approval for 11 Lots Located At 14521 Quito Road (397-05-028) Owners: Quito Oaks LLC., A California Limited Liability Company RECOMMENDED ACTION: Adopt resolution granting final map approval of tentative map application No. SUB 20-0003 for 11 lots located at 14521 Quito Road (APN 397-05-028)and authorizing ancillary actions. BACKGROUND: Attached is a resolution, which, if adopted, will grant final map approval for 10 lots located at 14521 Quito Road (APN 397-05-028). The recordation of the final map is a means to create individual lots from a larger lot for which building permits may be issued without further subdivision.Once the final map has been filed with the City Clerk, the City Council shall approve or disapprove the final map and accept or reject any offers of dedication made to the city within the map at its next meeting. The final map does not have any force or effect until approved by the City Council and no title or interest may be granted in any property described in the final map until it is recorded by the Office of the County Clerk - Recorder. The City Engineer has examined the final map and related documents submitted to the City in accordance with the provisions of Section 14.40.020 of the Municipal Code and it was determined that: 1.The final map substantially complies with the approved tentative map. 2.All conditions of the approved tentative map, as contained in Planning Commission Resolution No. 22-024, have been completed or will be completed concurrently with the development of Lots 1 through 10 as shown on the map. 3.The Subdivision Map Act, the City’s Subdivision Ordinance,and all other applicable provisions of law have been complied with. 4.The final map is technically correct. 90 Consequently, the City Engineer’s certificate was executed on the final map and the final map was filed with the City Clerk pursuant to Section 14.40.040 of the Municipal Code for action by the City Council. The subdivider paid $291,087.00 in Park Development Fees. The subdivider has also submitted a Subdivision Improvement Agreement to complete certain improvements required as conditions of the approved tentative map, and a grant deed completing its tentative map commitment to dedicate Lot 11, as shown on the final map, to the City. ATTACHMENTS: Attachment A - Resolution Granting Final Map Approval Attachment B - Site Map Attachment C - Tract Map Attachment D - Planning Commission Resolution No. 22-024 with Conditions Attachment E – Subdivision Improvement Agreement Attachment F – Grant Deed 1660382.1 91 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPROVING THE FINAL MAP OF APPLICATION NO. SUB 20-0003 14521QUITO ROAD (APN 397 05 028) The City Council of the City of Saratoga hereby resolves as follows: SECTION 1: Ten lots as shown on that certain Tract Map prepared by HMH, dated February 2023, and filed with the City Clerk of the City of Saratoga on May 15, 2023, are approved as Eleven (11) individual lots. SECTION 2:All streets and easements shown on said map and offered for dedication to public use are hereby accepted on behalf of the public and the City Manager is authorized to execute documents necessary to establish this acceptance. . The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 19th day of July, 2023 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Kookie Fitzsimmons, Mayor ATTEST: ____________________________ Britt Avrit, MMC, City Clerk 92 Site Map 4 5 5 8 1 acCC isA2/28/2023, 2:30:21 PM Owner: Quito Oaks LLC, a California Limited Liability Company Applicant: Pinn Brothers Development Meeting Date: July 19, 2023 Site Map 93 QUITO OAKS TRACT NO. 10610 1570 OAKLAND RD SAN JOSE, CA 95131 “” 94 LOT 1 LOT 2 LOT 3 LOT 4LOT 5 LOT 6 LOT 7 LOT 8 LOT 9 LOT 10 VESSING ROAD QUI T O R O A D LOT 11 OLD A D O B E R O A DQUITO ROADLOT 4 LOT 10EVANSROAD1 INCH = FEET60 QUITO OAKS TRACT NO. 10610 1570 OAKLAND RD SAN JOSE, CA 95131 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 SARATOGA CITY COUNCIL MEETING DATE: July 19, 2023 DEPARTMENT: Community Development Department PREPARED BY: David Dorcich, Associate Engineer SUBJECT: Attachment F – Grant Deed NOTE REGARDING ATTACHMENT F – GRANT DEED The plat/legal for the Temporary Construction Easement will be updated without substantive changes prior to approval. 133 134 135 136 137 138 139 140 141 142 143 144 145 SARATOGA CITY COUNCIL MEETING DATE:July 19, 2023 DEPARTMENT:Public Works Department PREPARED BY:Shawn Gardner, Parks Manager SUBJECT:Two-year contract for Park Restroom Maintenance Services with North Bay Building Maintenance (NBBM)in the amount not to exceed $104,299.80 RECOMMENDED ACTION: Approve a two-year Park Restroom Maintenance Service Contract with North Bay Building Maintenance (NBBM) for monthly restroom maintenance services in the amount not-to-exceed $104,299.80 and authorize the City Manager to execute the same. BACKGROUND: Currently, NBBM maintains all the restrooms in the City’s parks and at the Saratoga Library and has done so professionally and economically since 2018. City staff would like to continue the relationship for another two years because of the exceptional service provided by this vendor. Therefore, it is recommended to approve a maintenance services contract with North Bay Building Maintenance for monthly maintenance services as described in the Recommended Action and authorize City Manager to execute the same. ATTACHMENTS: Attachment A –Maintenance Service Contract 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 SARATOGA CITY COUNCIL MEETING DATE:July 19, 2023 DEPARTMENT:City Manager’s Department PREPARED BY:Leslie Arroyo, Assistant City Manager SUBJECT:New Taipei Friendship City Discussion RECOMMENDED ACTION: Consider whether to direct staff to initiate discussions with New Taipei City to develop a Friendship City Memorandum of Understanding. BACKGROUND: On June 7, 2023, Katherine Tseng, Wendy Chang, Jennifer Guidry, and David Guidry came before the City Council to request consideration of forming a Friendship City relationship with New Taipei City. New Taipei City in Taiwan has several Friendship City relationships with cities in the United States, including Cupertino and the Town of Holmdel, New Jersey. Additionally, the Los Gatos-Saratoga Union High School District has a Memorandum of Understanding (MOU) with the Education Department of New Taipei City and has collaborated on several projects with New Taipei students and educators. West Valley College also hosted students, educators,and delegates from New Taipei City during a visit in December 2022. New Taipei City has a population of over four million and an area of 792 square miles. Given its location advantages, today’s New Taipei City is a major city of business industries, second to Taipei City, with over 300,000 privately owned companies and factories. Technology, service, and tourism are all part of the major industries in New Taipei City, attracting a large work force from all over the country with abundant employment opportunities. New Taipei City’s mission is to stress the importance of raising global competitiveness by working closely on industrial, cultural, tourism, transportation, and city developments to transform into an international city. Currently, Saratoga has one Sister City relationship with Muko, Japan. Saratoga does not have any Friendship City partnerships. In some cities, the “Friendship City” designation is often less formal than a Sister City relationship and is used as a first stage in the relationship, and after it is strengthened and the partners are sure they want a long-term relationship, they may become “Sister Cities.” Friendship City agreements can be made through an MOU. If the City Council would like to pursue efforts to designate New Taipei City as a Friendship City, staff would initiate a discussion with representatives of New Taipei City on opportunities for 180 cultural, education, and economic cooperation as well as content and terms for the MOU. Once finalized, both City Councils would vote to authorize the execution of the MOU. ATTACHMENT: Attachment A – Map of New Taipei City Attachment B – Cupertino New Taipei Friendship City MOU 181 Taiwan New Taipei City MAP OF NEW TAIPEI CITY Situated in the northern part of Taiwan, surrounding the country's capital, and it is the most populated municipality in Taiwan. 182 MAYOR BARRY CHANG bchang@cupertino.org CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3192 • FAX: (408) 777-3366 Agreement on the Establishment of a Friendship City Designation Between Taipei, Taiwan, Republic of China and Cupertino, California, United States of America To further develop friendly cooperation and deepen mutual understanding and friendship between different cultures; Taipei, Taiwan, Republic of China and the City of Cupertino, California, United States of America enter into this Agreement on matters concerning the establishment of friendly cooperation between the two parties through amicable negotiation. I. The parties agree to jointly promote friendly exchange between the people of Taipei and the City of Cupertino on the basis of equality and mutual benefit dependent upon ratification of this Agreement by both. II. The parties should exchange information with each other and strengthen the exchange and cooperation in economics, culture, education, innovation and entrepreneurship, and other areas. III. The parties should establish a friendly relationship, based on exchange and cooperation, to jointly promote cultural and educational exchanges with Taipei and the City of Cupertino. IV. The parties will follow the City of Cupertino’s “Policies and Guidelines on Sister Cities, Friendship Cities, and International Delegations.” V. This Agreement is made in duplicate in both Chinese and English, with both versions being equally valid, and shall take effect from the date when it is signed by both parties. VI. The term of this Agreement is for two years and will automatically terminate if not renewed. ________________________________________ Friendship City Representative Taipei, Taiwan, Republic of China Date: ___________________________________ ________________________________________ Mayor Barry Chang Cupertino, California, United States of America Date: ___________________________________ 183 SARATOGA CITY COUNCIL MEETING DATE: July 19, 2023 DEPARTMENT: City Manager’s Department PREPARED BY: Lauren Blom, Public Information Officer SUBJECT: Website Design Preview RECOMMENDED ACTION: Receive website design preview and provide feedback. BACKGROUND: At the City Council meeting on October 19, 2022, the Council provided direction to guide the website redesign process, focusing on specific features and design elements to guide the overall look and feel of the website. The City Council agreed on a preference for a clean, modern website with an improved search tool, as well as other changes that make it easier for visitors to access information, such as reducing the number of clicks needed to find something. While individual Council Members indicated preferences for specific design features, the City Council indicated an openness to design based on how the website comes together as a whole. Website Redesign During the City Council meeting on July 19, 2023, staff will provide a live walk-through of the design concept. Notable changes include an overall modernized and cleaner look, the addition of drop-down menus and improved website navigation, updated graphic buttons, and the addition of a calendar on the homepage. Insights gathered from analytics were utilized to ensure the most- viewed pages and most-searched terms are readily accessible on the homepage and integrated into the appropriate website features, such as buttons and drop-down menus. In addition to the drop-down menus, some features and updates will not be viewable until the redesigned website launches. Staff is working with each department to consolidate pages and update content, which will be made public and viewable by the launch. Work is also being conducted on the backend to improve search functionality. Additionally, the website will feature a new chatbot option, which will provide visitors with another way to search for information. The chatbot utilizes artificial intelligence (AI) to provide 24/7 customer service interaction without the need for manual administrative interaction. The chatbot gains knowledge in two ways; by crawling the website, or by being trained with frequently asked questions and answers. In addition to assisting residents, seeing which questions visitors ask the chatbot can also serve as a helpful community feedback tool for staff to continually update website content. 184 Next Steps If the City Council’s feedback results in minimal design changes, City staff and the CivicPlus team are prepared to launch the website in early August. If edits are more extensive, the website launch will be pushed to a later date depending on the time needed for implementation. ATTACHMENTS: Attachment A – Homepage Design Concept Attachment B – Internal Page Design Concept REVISIONS & UPDATES: • Staff report revised on July 19, 2023 to add design concept attachments. 185 186 187 CITY OF SARATOGA Memorandum To: Mayor Fitzsimmons & Members of the Saratoga City Council From: Britt Avrit, City Clerk Meeting Date: July 19, 2023 Subject: Written Communications, Item 2.2 Following publication of the agenda packet for the July 19, 2023 City Council Meeting, written communications were submitted for Item 2.2. The communications are attached to this memo. 188 1 Britt Avrit From:Bill Dalton Sent:Monday, July 17, 2023 3:34 PM To:Lauren Blom Cc:Belal Aftab; Britt Avrit; Chuck Page; James Lindsay; Kookie Fitzsimmons; Tina Walia; Yan Zhao; Bill Dalton Subject:2023 July 19 Council Meeting item 2.2. Website Design Preview comments/questions CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking  links, especially from unknown senders.  Hi Lauren, 1) Recently the council authorized a contract which included accessibility review of the city website. Has the design been reviewed for accessibility? 2) Regarding search -- was any consideration given to using Google to implement the search. I don't know the technical details regarding implementation or if there is a cost but know it's possible. I know some sites do it but at the moment don't remember where I have encountered it. Presently I use the Google site option to search the Saratoga site. Actually I use it anytime I know the site which has what I am looking. 3) Can anything be done about old documents such as this one? https://lfonline.saratoga.ca.us/WebLink/0/doc/93334/Page13.aspx Can't be viewed. 189 2 https://lfonline.saratoga.ca.us/WebLink/DocView.aspx?id=138313&page=1&dbid=0 This particular one is small and it works however when stepping though the document it is at times very slow. If you want to print it the system at times takes forever converting the stored format to PDF and at times can not convert the whole document. I don't recall the specific document but some time back I tried to print one of over 300 pages and it never would convert the whole document. If anything can be done about these old documents, it would be appreciated. Have a great day, Bill Dalton 190 SARATOGA CITY COUNCIL MEETING DATE:July 19, 2023 DEPARTMENT:Administrative Services PREPARED BY:Nick Pegueros, Administrative Services Director SUBJECT:Preliminary Fiscal Year 2022-23 Year-End Report RECOMMENDED ACTION: Receive a preliminary fiscal year 2022-23 year-end report. BACKGROUND: The preliminary actuals for 2022-23 are positive, with revenues 7.9% over budget and expenditures 1.9% under budget. The favorable results require a lower-than-budgeted use of unassigned fund balance for the 2022-23 capital program meaning that the reduction in fund balance will be approximately $0.45 million instead of the budgeted $3.89 million reduction. The positive news results from higher-than-expected investment income and charges for services, both of which are sensitive to economic conditions and may not recur in the future. General Fund Revenues The General Fund’s preliminary actual revenue for 2022-23 exceeded budget by $2.41 million,or 7.8%, reflecting past practice of conservative budgeting, i.e., assumptions used to establish the revenue budgets are reasonable but not aggressive to protect against a material revenue shortfall at fiscal year-end. Table 1 summarizes the over/ (under) budget by revenue category. A brief discussion of material variances follows the table. Table 1.General Fund Revenues General Fund Revenue Category 2022-23 Budget 2022-23 Preliminary Actuals Over/ (Under) Budget 411 -Property taxes 17,839,000 18,125,029 286,029 413 -Other taxes 2,521,900 2,645,512 123,612 416 -Franchises & surcharges 2,499,070 2,650,666 151,596 420 -Intergovernmental 524,515 579,323 54,808 440 -Charges for services 2,791,052 3,841,081 1,050,029 450 -Fines & penalties 81,300 66,804 (14,496) 460 -Use of money & property 855,000 1,345,132 490,132 Grand Total 27,111,837 29,253,547 2,141,710 191 Property taxes – $0.29 million or 1.6% over budget Property taxes are the largest and most stable of the City’s revenue, totaling 66.8% of budgeted revenues. 2022-23 preliminary actual property taxes are 1.6% above budget, $0.29 million, resulting from a significant jump in supplemental taxes. Supplemental taxes are required when a property changes ownership or upon the completion of new construction, and the assessed value increases because of the activity. Other taxes – $0.12 million or 4.9% over budget The other taxes category is comprised primarily of sales taxes and transient occupancy taxes (TOT or hotel tax). Saratoga has experienced an extremely robust recovery from the impacts of the pandemic, and 2022-23 has the highest sales tax collections in the past 15 years and likely longer. Similarly, TOT has fully recovered, and 2022-23 is a 15-year high for the tax. Both sales tax and TOT are sensitive to the regional and local economy, exposing cities that rely on the revenues to fund major programs to volatility. Franchises & surcharges – $0.15 million or 6.1% over budget Utility companies that provide video and telecommunication services, water, electricity, gas, and solid waste services to Saratoga transmit a franchise fee to the City to help support services required by the utilities, which include regulatory reviews and approvals, infrastructure support, etc. The largest positive variance between budget and preliminary actual revenue is in solid waste franchise fee collections, which are a function of increasing rates. In 2023-24, the City will stop receiving solid waste franchise fees mid-year, with the $1.34 million revenue disappearing entirely in 2024-25. Charges for services – $1.05 million or 37.6% over budget Charges for services are revenues collected, based on the City’s Fee Schedule, for direct services provided to community members. Most charges for services revenue are payments for services rendered in the future. While some services were provided in fiscal year 2022-23, others will occur in 2023-24. The timing of revenue collection compared to provision of services (expenditures) distorts its availability to meet current operating costs. The $1.05 million positive variance in Charges for services is largely attributed to higher than budgeted revenue in the building inspection program, $0.63 million, and the general engineering program, $0.23 million. Use of money & property – $0.49 million or 57.3% over budget The positive variance in the Use of money and property category results from interest earnings on the City’s deposits, approximately $40 million, with the Local Agency Investment Fund (LAIF). LAIF’s yield has increased from 0.861% in June 2022 to 3.167% in June 2023. 192 General Fund Expenditures The General Fund’s preliminary actual expenditures for 2022-23 were under budget by $0.57 million, or 1.9%, reflecting past practice of conservative budgeting, i.e., assumptions used to establish the expenditure budgets are reasonable but not overly aggressive to prevent material budget overruns at fiscal year-end. Table 2 summarizes the over/ (under) budget by expenditure category. A brief discussion of material variances follows the table. Table 2. General Fund Expenditures General Fund Expenditure Category 2022-23 Budget 2022-23 Preliminary Actuals Over/ (Under) Budget 500 –Salaries & benefits 9,800,650 8,690,665 (1,109,985) 529 –UAL payoff 950,000 1,631,015 681,015 610 –Operating expenses 2,013,994 1,783,177 (230,817) 640 –Contract services 2,046,445 2,113,066 66,621 648 –Public safety contract services 7,688,012 7,620,998 (67,014) 650 –Professional services 663,750 753,596 89,846 770 –Fixed assets 13,000 12,526 (474) 790 –Internal services 3,206,081 3,206,081 - 900 –Transfer to Capital Program 3,889,000 3,889,000 - Grand Total 30,270,932 29,700,122 (570,810) Salaries & Benefits – $1.11 million or 11.3% under budget Salaries and benefits include all contractually obligated payments for wages and benefits, including pension and medical insurance. The significant variance arises from the budgeting for the CalPERS’ unfunded pension liability (UAL) minimum payment as a part of benefits to ensure proper allocation of the minimum UAL, $0.68 million, to service departments. Accounting for the minimum UAL, however, occurs in non-departmental, thereby overstating the savings of $1.11 million. The salary savings net of minimum UAL payoff is approximately $0.43 million, or 3.9%, and arises from position vacancies throughout the year. However, budget overruns in professional and contract services reflect the use of outside service providers to backfill some vacant positions and further dampen the $1.11 million in salary savings for 2022-23. UAL Payoff - $0.68 million or 71.6% over budget The UAL Payoff comprises two components, a minimum contribution (minimum UAL) and a voluntary contribution (additional UAL). For 2022-23, the minimum UAL payoff of $0.68 million was budgeted in Salaries & benefits, while the additional UAL payoff budget in non-departmental at $0.95 million. Other Expenditure Categories Operating expenses are under budget due to savings in the City Council's discretionary and non- departmental contingency accounts. Public safety contract services deferred a project originally budgeted in 2022-23 to fiscal year 2023-24, adding to the overall savings in savings. ATTACHMENTS: None. 193 SARATOGA CITY COUNCIL MEETING DATE:July 19, 2023 DEPARTMENT:City Attorney’s Office PREPARED BY:Richard Taylor, City Attorney SUBJECT:Amendment to Remote Public Participation Policy RECOMMENDED ACTION: Adopt a resolution amending the Remote Public Participation Policy to clarify that public meetings may continue in person in the event remote participation technology is not available. BACKGROUND: On June 16, 2021,the City Council adopted Resolution 21-045 establishing a Remote Public Participation Policy to make it easier for the public to participate remotely in most public meetings of the City Council, Council Committees, and Commissions in addition to attending meetings in person or submitting written comments in advance of the meeting. In some circumstances, such as a power or internet service outage, the technology to allow remote participation may not be available. The attached resolution would clarify that meetings subject to the policy may proceed in person even if remote participation is not available at the outset or during the course of the meeting. The amendment would add the bold underlined text below to section 1 of the Remote Participation Policy: City Council, Council Committee, and Commission Meetings held in the Civic Theater or Linda Callon Conference Room must include an option for the public to participate remotely once these rooms are equipped to allow remote participation. This requirement does not apply in the event that remote participation technology is unexpectedly not available (such as an internet service outage); in such an event, the meeting will proceed in person with no remote participation available. If the amendment is approved, Staff would update the agenda template to note this as well. ATTACHMENT: Attachment A –Resolution Amending Remote Public Participation Policy 1665171.1 194 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING THE REMOTE PUBLIC PARTICIPATION POLICY WHEREAS, the City Council in 2021 adopted a remote public participation policy to make it easier for the public to comment during meetings by providing the public with a way to participate remotely in most public meetings of the City Council, Council Committees, and Commissions in addition to attending meetings in person or submitting written comments in advance of the meeting; and WHEREAS, the City Council wishes to clarify that in some circumstances (such as a power or internet service outage) remote participation may not be available and the Council, Council Committee and Commission meetings will proceed in person only. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Saratoga hereby amends the Remote Public Participation Policy as set forth on the attached. The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 19th day of July 2021 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Kookie Fitzsimmons, Mayor ATTEST: Britt Avrit, MMC, City Clerk 195 Resolution 23-XX Page 2 CITY OF SARATOGA REMOTE PUBLIC PARTICIPATION POLICY Adopted June 16, 2021 via Resolution 21-045 Amended July 19, 2023 via Resolution 23-___ The City Council of the City of Saratoga has approved this policy concerning remote public participation in City Council, Council Committee, and Commission Meetings. 1. City Council, Council Committee, and Commission Meetings held in the Civic Theater or Linda Callon Conference Room must include an option for the public to participate remotely once these rooms are equipped to allow remote participation. This requirement does not apply in the event that remote participation technology is unexpectedly not available (such as an internet service outage); in such an event, the meeting will proceed in person with no remote participation available. 2. To the greatest extent possible, City Council, Council Committee, and Commission Meetings should be scheduled to occur in either the Civic Theater or Linda Callon Conference Room. However, the City Council recognizes that not all meetings can occur in these two locations. For example, site visits and meetings with many attendees. 3. Council Committee and Commission regular meeting schedules and locations shall be established to allow use of the Civic Theater or Linda Callon Conference Room to provide the public with the option to participate in meetings remotely. 196 CITY OF SARATOGA Memorandum To: Mayor Fitzsimmons & Members of the Saratoga City Council From: Britt Avrit, City Clerk Meeting Date: July 19, 2023 Subject: Written Communications, Item 2.4 Following publication of the agenda packet for the July 19, 2023 City Council Meeting, written communications were submitted for Item 2.4. The communications are attached to this memo. 197 From:Bill Dalton To:Kookie Fitzsimmons; Belal Aftab; Chuck Page; Tina Walia; Yan Zhao Cc:Britt Avrit; Bill Dalton Subject:2023 July 19 Council Meeting item 2.4. Amendment to Remote Public Participation Policy Date:Tuesday, July 18, 2023 3:09:13 PM CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Mayor and Council Members, As I read the attached resolution, the policy is not changing but just being clarified. As this policy was adopted prior to my involvement in city governance, I went back to the June 16, l2021 Council Meeting agenda and video recording. I realized there is no requirement for remote participation or recording of Council Retreats. In addition wile Council Study Sessions must be recorded there is no requirement for remote participation. I find the policy unacceptable and had I been involved then would have objected. We already have a problem with attendance. I therefore request the Council: 1) Reject the proposed modification to the Remote Public Participation Policy. 2) At a future meeting modify the Remote Public Participation Policy to add the following: A) Require the option for remote public participation in: Council Retreats and Council Study Sessions. B) If remote participation is unavailable, for an event which requires the option for remote public participation, the event is to rescheduled. C) If remote participation becomes unavailable during an an event which requires the option for remote public participation, the event is either suspended until remote participation is restored or adjourned and continued at a future time when remote public participation is available. 3) At a future meeting modify the Recording Policy to add the following: A) Require recording of Council Retreats. 198 B) If recording is not possible, for an event which requires recording, the event is to rescheduled. C) If recording becomes inoperable during an an event which requires recording, the event is either suspended until recording capability is restored or adjourned and continued at a future time when recording capability operational. I see no reason to hold Retreats and Study Sessions in venues which do not allow recording or remote public participation. I thank the Mayor Council for their service and consideration of my request, Bill Dalton 199 From:noreply@civicplus.com To:Chuck Page; Yan Zhao; Belal Aftab; Tina Walia; Kookie Fitzsimmons; James Lindsay; Britt Avrit; Crystal Bothelio; Leslie Arroyo Subject:Online Form Submittal: Council Comments Form Date:Wednesday, July 19, 2023 9:34:59 AM CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Council Comments Form Your Name John Doe Phone Number Field not completed. Email Address Subject Council Meeting 7-19-23: Item 2.4 Comments Why treat remote participants as second class citizens? If there is an in-person circumstance which prevents the meeting from occurring, I assume you would reschedule the meeting. But if there is an internet problem, you are proposing to conduct the meeting without remote participants. Lets have one class of citizen, treated equally. Email Subscription Subscribe Email not displaying correctly? View it in your browser. 200 SARATOGA CITY COUNCIL MEETING DATE:July 19, 2023 DEPARTMENT:Administrative Services PREPARED BY:Nick Pegueros, Administrative Services Director SUBJECT:City Manager’s Employment Agreement and Salary Schedule Amendments RECOMMENDED ACTION: Authorize the Mayor to sign the City Manager’s Amended Employment Agreement and adopt a Resolution Amending the City Salary Schedule effective July 1, 2023. BACKGROUND: Employment Agreement Amendment City Council completed its annual review of City Manager Lindsay's performance and deemed his performance satisfactory. Based on the City Manager's performance, the City Council subsequently met to discuss the terms of compensation for Mr. Lindsay's employment agreement. Mayor Fitzsimmons has directed Administrative Services and the City Attorney’s Office to calendar this amendment for City Council consideration. The amendment (Attachment A) sets Mr. Lindsay's annual salary at $300,518,a $5,907 performance-based salary increase, effective July 1, 2023, which is below the maximum allowed by the contract. The amendment includes no other changes to compensation or terms of employment. Salary Schedule Amendment City Council adopted the current salary schedule on June 21, 2023, Resolution No. 23-062. The recommended action in the new resolution (Attachment B) updates the salary schedule to reflect the following: 1.Increase the City Manager's salary, incorporating the adjustment in this agenda item. 2.Update the temporary classifications salary schedule to include the 5.6% cost of living adjustment (COLA)provided to other classifications and remove the temporary arborist classification,given that the position is a regular full-time employee. 3.Correct clerical errors in the June 21st salary schedule for the Information Technology Manager and Facilities Maintenance Manager salary ranges. The June 21st salary schedule provided both classifications an incorrect COLA due to reformatting the salary schedule 201 and moving the classifications from SEA to Unrepresented as part of the new contract with SEA. The correction reflects the intent of City Council to provide the two classifications a 5.6% COLA. ATTACHMENT: Attachment A – Amendment to City Manager’s Employment Agreement Attachment B – Resolution Amending the City Salary Schedule Effective July 1, 2023 202 Agreement for Employment of City Manager Page 1 of 11 FIFTH AMENDED AGREEMENT FOR EMPLOYMENT OF CITY MANAGER (EFFECTIVE DATE OF JULY 1, 2023) This Agreement is made and entered effective the 1st day of July, 2023, by and between the City of Saratoga (the “City”), a general law city, and James Lindsay (“Employee”). This Agreement for employment of Employee supersedes all prior discussions and all prior agreements including the employment agreement effective July 2, 2014 as amended effective July 2015 and further amended July 2018, July 2019, and July 2022 between Employee and the City. Employee is hired in the position of City Manager. Employee assumed the powers and duties of the City Manager beginning on Wednesday, July 23, 2014. This Agreement complies with AB 1344 (Government Code sections 3511.1 and 3511.2), which provides for greater transparency of local agency executives’ contracts. In consideration of the mutual covenants contained herein, the parties agree as follows: I.EMPLOYMENT The City Council of the City hereby appoints Employee to the position of City Manager to perform the functions and duties specified under the laws of the State of California, the Saratoga City Code, the Ordinances and Resolutions of the City, and this Agreement, and to perform such other duties and functions as the City Council shall assign. Employee shall serve at the pleasure of the City Council. (See Section 2-20.010 of the Municipal Code and Agreement section V.A.). II.POWERS, DUTIES AND RESPONSIBILITIES. A.Employment Duties. Employee shall function as the City Manager of the City and shall be vested with the powers, duties and responsibilities set forth in Article 2-20 of the Municipal Code and California law as they now exist and may be amended hereafter, the terms of which are incorporated herein by reference. In addition, Employee shall perform such other duties as may be assigned by the City Council to ensure effective and productive functioning of City operations, services, and work and which are consistent with the position of City Manager, without additional compensation because the City Manager is an overtime-exempt executive position. Such duties shall include, but not be limited to, the following: 1.Assemble and explain pertinent facts and prepare committee and Council reports as required; 2.Prepare agendas for Council meetings and advise Council on appropriate priorities and required actions; 3.Direct City Clerk in preparation for City Council meetings, maintenance of official records, conduct of municipal elections and execution of related functions; 203 Agreement for Employment of City Manager Page 2 of 11 4.Represent the City Council in relationships with other governmental and private agencies; 5.Confer with and direct all department heads in the formation and implementation of administrative policies and practices; 6.Prepare and submit the annual budget; 7.Represent City to press and other information media as required; 8.Meet with individual citizens and groups to discuss complaints and explain City policy and actions; 9.Administer any bonds approved by the voters of the City; and 10.Supervise City operations and oversee all work and services performed by City staff. B.Hours of Work. Employee is expected to devote necessary time outside normal office hours to business of the City. To that end, Employee shall be allowed flexibility in setting his own office hours, provided that Employee shall work as necessary during customary business hours to satisfactorily perform his City Manager duties and responsibilities and be available to other City staff during customary business hours. As of the effective date of this Agreement, the City’s customary business hours are based on a 9/80 work schedule where a full-time work week constitutes 40 hours within seven consecutive 24-hour daysand where the City is closed every other Friday. Employee shall schedule any appointments for medical treatment, industrial injury medical treatment, or other personal appointments so as to minimize the inconvenience to fellow employees and the impact on his ability to perform his job. III.COMPENSATION AND BENEFITS OF EMPLOYEE. A.Salary. 1.Employee’s salary effective July 1, 2023 is Three Hundred Thousand Five Hundred Eighteen Dollars ($300,518.00) per year. The salary shall be paid in regular payroll periods, which are bi-weekly installments. (Future changes to compensation are addressed in Section IV.) 2.In light of Employee’s sustained record of high performance, in the event the City, at any time during the term of this Agreement, either (1) reduces the total of the compensation components listed in Section A.3 to a level below that paid to the highest paid City employee; or, (2) reduces Employee’s salary to a level below the average city manager salary (determined by a salary survey using the comparison cities in the Personnel Rules), then Employee may, at his option, be deemed to be “terminated” by the City Council within the meaning of Section V.A.4 of this Agreement as of the date of such reduction, unless Employee has agreed to the lower pay or benefits in a written document signed by Employee. 204 Agreement for Employment of City Manager Page 3 of 11 3.The compensation components referenced in section III.A.2.(1), above, are annual compensation in: (i) salary; (ii) car allowance; (iii) deferred compensation payments by the City; and (iv) the number of hours of paid time off multiplied by the employee’s hourly pay rate. B.Benefits. Employee shall be entitled to the following benefits: 1.Health, Dental, Vision, and Employee Assistance Program (EAP): The City provides Employee with health benefits, dental benefits, an employee assistance program (EAP), and voluntary vision benefits (paid by Employee). The voluntary vision benefits’ premium is paid by Employee. The City pays the full premium for dental insurance and the EAP. The City pays a monthly health insurance contribution toward the premium as follows: The City will provide a monthly health insurance contribution for Employee’s selected level of coverage as follows in the chart below: Employee Employee Plus One Employee Plus Two (Family) $816.00 $1,632.00 $2,122.00 The City's monthly health insurance contribution will be adjusted annually as follows: 1.Prior to the beginning of the CalPERS open enrollment period, the City will compare the average monthly cost of all plans offered in the next calendar year for each level of coverage (Employee. Employee + 1. and Employee +2) with the current year average monthly costs for each level of coverage. The average will be calculated by adding the cost for each plan at the same level of coverage and then dividing by the number of plans. 2.If the average cost for a level of coverage in the next calendar year will exceed the average cost for the same level in the current year, then the City's monthly contribution for that level of coverage will be increased by 50% of the difference of the two yearly averages. 3.If the average cost for a level of coverage in the next calendar year is below the average cost for the same level in the current year, then the City monthly contribution for that level of coverage will not change. 205 Agreement for Employment of City Manager Page 4 of 11 The adjusted City contribution for each level of coverage for the next calendar year will be provided to Employee prior to the beginning of the open enrollment period and become effective on January 1 of each year. If Employee selects a health insurance plan with a monthly premium above the City contribution, Employee will pay the amount above the City contribution as a pre-tax payroll deduction. 2.Cash-in-Lieu: If Employee completes and submits required documents (1) to prove that Employee has other health insurance coverage and (2) to waive City-provided health insurance coverage, Employee will receive a payment per month of $400.00 as additional taxable wages. Effective July 2, 2014, if Employee completes and submits required documents (1) to prove that Employee has other dental insurance coverage and (2) to waive City-provided dental insurance coverage, Employee will receive a payment per month of $25.00 as additional taxable wages. Employee must complete and submit any required documents and provide proof of other health or dental insurance coverage at the time that employment begins and during open enrollment each year (in or around October) to be eligible for the cash-in-lieu payment beginning the following January. 3.457 Plan: The City provides Employee the opportunity to contribute to an IRS Section 457 deferred compensation plan. Employee may contribute up to the maximum allowed by law. Contributions may come from Employee’s regular earnings (through payroll deductions). The City will contribute monthly to a deferred compensation account 4% (four percent) of Employee’s total monthly salary. 4.Car Allowance and Organization Dues: Employee shall receive a $375.00 monthly car allowance to be used to attend to local City business and shall be entitled to reimbursement of $1,000 per year for dues and meal expenses incurred in the course of participating in Saratoga-based civic organizations which require membership as an individual. 5.Life Insurance: The City shall pay 100% of the premium cost for life insurance coverage for Employee with a death benefit of $150,000. 6.Disability Coverage: The City shall provide disability coverage, consisting of short- term disability payments and long-term disability insurance as described below, to provide Employee with income protection if he becomes unable to perform the functions of his position due to a serious health condition or disability. a.Short-term Disability Payments The City will pay 75% of Employee’s monthly salary after Employee has used all accrued paid time off (PTO) and will maintain existing insurance benefits for six months from the date of injury/illness. Short-Term Disability payments will commence only after 12 continuous working days during which Employee is totally disabled, or when all accrued PTO is exhausted, whichever is later. Short-term disability payments are reported to PERS as salary earned. 206 Agreement for Employment of City Manager Page 5 of 11 b.Long-term Disability Insurance The City shall provide Employee long-term disability insurance including a paid coverage plan design of 66.66% of salary to a maximum of $2,000 per month with a voluntary buy-up option paid by Employee to a maximum of $8,200 per month. Because these payments are made through a group policy, the payments are not reported to PERS as salary earned. 7.Section 125 Plan: The City will make available to Employee the option of enrolling in a Section 125 flexible benefits plan. Under the plan, Employee may deduct from his earnings up to the maximum allowable amounts per calendar year for health care reimbursement and/or dependent care reimbursement. 8.Long-term Care: Employee may purchase long-term care insurance through a group benefits program administered by PERS. 9.PERS: City is a contracting agency of the California Public Employees Retirement System (PERS). The PERS contract requires contributions by the City and each covered employee. Employee will pay the 7% required contribution by an employee. The City through its contract with PERS provides a retirement benefit plan for Employee of 2% at 55. 10.Administrative Leave: City shall grant Employee, on a fiscal year basis, sixty-five (65) hours of administrative leave. Such leave shall be taken in a manner consistent with the use of PTO. 11.Leave without Pay: The City does not grant leaves of absence under most circumstances except as legally required. In cases of hardship or for other good and sufficient reasons, the City Council may grant leaves of absence upon written request by Employee for a period up to 90 days (unless a longer time period is required by applicable law). Employee will not accrue any annual leave while on leave without pay, and the leave period will be considered as discontinuous service. During the time Employee is on leave without pay, the City may discontinue paying for insurance benefits on behalf of Employee(including health, dental, life, and long-term disability) unless the continued payment is required by applicable law, although Employee shall have the option to continue benefits at his own cost. 12.Legally Required Benefits: Employeewill receive all benefits that are legally required, including workers’ compensation coverage, unemployment insurance contributions, the right to Family and Medical Care Leave, the right to industrial injury leave (including full pay for the first three days of leave and health benefits for the first 12 months after date of injury/illness if Employee submits the required claim form), the right to COBRA benefits after a qualifying event has occurred, and the right to other legally authorized leaves. 207 Agreement for Employment of City Manager Page 6 of 11 13.Holidays: Employee shall receive the following paid holidays: (1) New Year’s Day January 1 (2) Martin Luther King's Birthday 3rd Monday in January (3) President's Day 3rd Monday in February (4) Memorial Day Last Monday in May (5) Independence Day July 4 (6) Labor Day 1st Monday in September (7) Columbus Day 2nd Monday in October (8) Veteran's Day November 11 (9) Thanksgiving Day 4th Thursday in November (10) Day after Thanksgiving Friday after Thanksgiving (11) Christmas Eve December 24 (12) Christmas Day December 25 (13) New Year's Eve December 31 If a holiday falls on a Saturday, the preceding Friday will be observed. If a holiday falls on a Sunday, the following Monday will be observed. In those years in which one of the Christmas and/or New Year’s holidays falls on a weekend, the Friday preceding the weekend and the Monday following the weekend shall be observed as holidays. If a holiday falls on an off-Friday when the City offices are closed, the preceding Thursday will be observed. If the preceding Thursday is already a holiday, the off- Friday holiday will be observed on the first weekday after Christmas that is not already an observed holiday. If a holiday occurs when Employee is using PTO, the holiday will not be charged against Employee’s PTO balance. In order to receive holiday pay, Employee must be on the payroll on the last regularly scheduled workday preceding the holiday and the first regularly scheduled work day following the holiday except if Employee is on Family and Medical Care Leave, he shall only be entitled to receive holiday pay within the six-month period after the date of injury/illness. If Employee is using PTO when the holiday occurs, payment for the holiday shall be prorated to the amount of PTO being used in the pay period in which the holiday occurs. If Employee is receiving Short-Term Disability payments in the pay period when the holiday occurs, payment for the holiday shall be at 75% of Employee’s regular rate of pay. 14.Jury Duty: If Employee is called for jury duty he will continue to receive full pay and benefits for that period of absence. The employee is required to waive the daily jury duty fee by completing the court form (or by telling court staff that the employee is paid full compensation and benefits by the City). 15.PTO: Employee accrues 32 days (256 hours) per year of paid time off. a. PTO Cash-Out: A PTO Cash-Out Option will not be made other than at the time of termination, except for the optional PTO cash-out described as follows: Employee must use at least 80 hours of accrued PTO and/or administrative leave in each fiscal year. 208 Agreement for Employment of City Manager Page 7 of 11 If Employee has used the required minimum of 80 accrued hours of PTO and/or administrative leave in the prior fiscal year, Employee is eligible to cash out up to a maximum of 200 accrued hours of PTO per fiscal year on approximately September 1 and/or March 1. Employee must maintain a minimum balance of 200 hours of accrued PTO after the cash out. a.PTO Accruals: The PTO accrual cap in the Personnel Rules will be enforced. Under no circumstances can Employee accrue more than the accrual PTO cap at any point in time. Once Employee reaches the accrual cap, no additional PTO will accrue until Employeeuses his or her accrued PTO and reduces the balance to less than the accrual cap. Thereafter, PTO benefits will continue to accrue on a prospective basis only until Employee reaches the cap. No retroactive credit will be given for the time when accrued PTO was at the cap. b.PTO Increments: PTO must be taken by Employee only in increments of one (1) hour or more in a workday. c.PTO Upon Separation: 1)Upon retirement from City service, Employee may choose to use all of his accrued paid time off as sick leave for the purpose of service credit if allowed to do so by PERS. If Employee uses less than 100% of his paid time off toward PERS service credit, the City will pay the balance of Employee’s accrued paid time off at Employee’s regular rate of pay. 2)Upon separation from City service other than retirement, the City will pay 100% of Employee’s accrued paid time off at Employee’s regular rate of pay. IV.COMPENSATION CHANGES AND PERFORMANCE EVALUATION. A.CPI Increase: Cost of Living Adjustment – For each year of this Agreement, Employee shall receive an annual cost-of-living adjustment (COLA) to his salary on each July 1 of the actual COLA but no greater than two and one-half percent (2.5%). The COLA will be based on the California CPI for Urban Wage Earners and Clerical Workers based upon the annual average for the 12 month period of January 1 to December 31 as calculated by the Department of Industrial Relations as authorized by AB 1344 (Gov. Code 3511.1 and 3511.2). If the COLA increases above two and one-half percent (2.5%) in any year, Employee shall nevertheless receive a maximum two and one-half percent (2.5%) cost-of-living adjustment for that year. B.Evaluation: The City Council shall review and evaluate annually the performance of Employee in or around June through August. Employee will timely cause to be placed on the City Council agenda each year a “closed session” for the purpose of the performance evaluation. Said review and evaluation shall be in accordance with specific criteria developed by the City Council after consulting with Employee. Those criteria may be added to or deleted from as the City Council may from time to time determine after consultation with Employee. 209 Agreement for Employment of City Manager Page 8 of 11 C.Evaluation and Compensation: In or around June through August of each year, contingent upon Employee receiving a fully satisfactory performance evaluation including accomplishment of Council goals and objectives, the Mayor will document the fully satisfactory performance evaluation by a memo to the Finance and Administrative Services Director, with a copy to Human Resources and Employee. The Employee or the Finance and Administrative Services Director shall timely cause to be placed on the City Council’s regular meeting agenda the City Council’s consideration of an increasein salary and/or benefits. The total increase in any year shall not exceed the COLA/CPI increase (in IV.A.) and an additional amount, if any, based on performance and a salary survey (using the comparison cities in the Personnel Rules) up to and not to exceed the higher of: (1) a salary ten percent above the average salary determined by the salary survey; or, (2) a total of the compensation components listed in Section III.A.3 ten percent above that paid to the highest paid city employee. The City Council meetings for performance evaluations will occur in or around June through August, and a salary increase, if any is granted, will be effective on the date Council specifies, which typically will be on or around July 1 of the same calendar year as the vote. If the limits specified above are exceeded after any COLA/CPI increase is calculated the salary/benefits item will not be placed on the agenda and Council will not consider any increase to Employee’s salary or benefits. V.TERM OF AGREEMENT. A.Term of Agreement. 1.The Agreement shall continue until terminated by City or Employee as discussed below. 2.Nothing in this Agreement shall prevent, limit or otherwise interfere with the rights of the City under Section 2-20.080 of the Municipal Code to terminate Employee and this Agreement without cause at any time (except for 90 days after a council member is elected as provided in 2-20.080), or the right of Employee to resign at any time from his position. 3.Employee may terminate this Agreement by giving the City thirty (30) days’ written notice in advance of resignation, at the end of which period, this Agreement will terminate, unless the City and Employee otherwise agree. 4.In the event of termination pursuant to section V.A.2, and if Employee has completed a full year of working for the City, Employee shall be entitled to a severance payment if Employee signs and agrees to be bound by a written general release agreeing not to sue and waiving claims and recovery against the City and all City representatives and agents. Starting on the one-year anniversary of the date of initial hire with the City, which was as a Director, Employee shall be eligible for a general release agreement with (A) a severance payment equal to three (3) months’ salary; and (B) health insurance and dental insurance benefits specified in this Agreement for a three-month period after termination. The severance payment and continuation of benefits shall be 210 Agreement for Employment of City Manager Page 9 of 11 increased by one (1) month for each year on the Employee's anniversary date of Employee’s initial hire date, up to a maximum of six (6) months’ severance pay and benefits, but in no case can this amount exceed the limits in Government Code section 53260 or other applicable law. At Employee’s discretion, the severance payment shall be paid either in a lump sum, or in bi- weekly payments, beginning within fourteen (14) days of the effective date of termination or within fourteen (14) days of the effective date of the signed general release, whichever is later. If Employee selects bi-weekly payments, Employee may later choose to receive a lump sum payment for the balance of the monthly severance payments. The change from bi- weekly payments to a lump sum payment for the balance will be processed as soon as reasonably feasible and by no later than four weeks after Employee chooses to change to a lump sum payment for the balance. The severance payment shall be based on Employee’s then monthly salary. Such severance pay and health and dental benefits shall not be due or payable if Employee is terminated for conduct that: (1) is determined to be dishonest or fraudulent conduct by the City Council; or (2) results in a conviction of a felony or a conviction of a misdemeanor involving moral turpitude, dishonesty, or fraud; or (3) is an abuse of his office or position, including (a) an abuse of public authority, including, but not limited to, waste, fraud, and violation of the law under color of authority; or (b) is a crime against public justice. (See Government Code § 53243-53243.4 and Agreement V.A.5. below). 5.AB 1344 and Public Accountability Provisions The parties agree to fully comply with the following Government Code sections that are part of AB 1344 (and as subsequently amended), and to fully comply with other applicable law. AB 1344, as subsequently amended, includes Government Code sections 53243- 53243.4. VI.MISCELLANEOUS PROVISIONS. A.Administration. This Agreement shall be administered by the City Attorney of the City of Saratoga (“Administrator”). All correspondence from Employee to the City shall be directed to or through the Administrator or his or her designee. B.Notices. Any written notice to Employee shall be sent to: Employee c/o City Hall 13777 Fruitvale Avenue Saratoga, CA 95070 (Or to Employee’s home address on file with the City’s Human Resource Department. Employee is required to update his home address with the City’s Human Resource Department within three business days of moving.) Any written notice to City shall be sent to: Richard S. Taylor 211 Agreement for Employment of City Manager Page 10 of 11 City Attorney of City of Saratoga Shute, Mihaly & Weinberger LLP 396 Hayes Street San Francisco, CA 94102 (Or such other address as the City Attorney may have at the time of the notice.) C.Conflict of Interest. Employee warrants that he presently does not have and will not acquire any direct or indirect financial interest that would conflict with his performance of this Agreement. D.Assignment Prohibited. No party to this Agreement may assign any right or obligation pursuant to this Agreement. Any attempted or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect. E.Documents. All documents provided to Employee by the City and all reports and supporting data prepared by Employeefor the City are the sole property of the City and shall be delivered to the City upon termination of this Agreement or at the City’s written request. All confidential reports, information, exhibits and data, including but not limited to electronic data, prepared or assembled by Employee while he serves as City Manager are confidential until released by the City to the public, and Employee shall not make any of these unreleased documents or information available to any individual or organization, other than the City Attorney without prior written consent signed by the City Council. F.Effect of Waiver. The failure of either party to insist on strict compliance with any of the terms, covenants or conditions of this Agreement by the other party shall not be deemed a waiver of that term, covenant or condition, and no waiver or relinquishment of any right or power on any given occasion shall be deemed a waiver of relinquishment of that right or power on any subsequent occasions. G.Entire Agreement. The text in this Agreement shall constitute the entire Agreement between the parties. This Agreement incorporates the entire understanding between Employee and the City, recites the sole considerations for the promises exchanged herein, and fully supersedes any and all prior discussions, agreements, or understandings, written or oral or implied, between the parties pertaining to the subject matter hereof. In reaching this Agreement, no party has relied upon any representation or promise except those expressly set forth herein. This Agreement cannot be modified by the parties except in a writing that is signed by both parties, ratified by City Council, and that expressly states that it intends to modify this Agreement. Rules and policies apply to the Employee, but if a provision in other rules or policies actually contradicts an express provision of the Agreement, the Agreement will control. H.Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of the parties. I.Severability. If any provision, or any portion thereof, contained in this Agreement is held unconstitutional, invalid or unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed severable, shall not be affected, and shall remain in full force and effect. 212 Agreement for Employment of City Manager Page 11 of 11 J.Attorneys’ Fees. In the event that either party to this Agreement brings a lawsuit to enforce or interpret any provisions of this Agreement, each party shall bear its own attorneys’ fees, expenses and costs. K.Governing Law. This Agreement shall be governed by the laws of the State of California. L.Interpretation. The parties agree that any ambiguity in this Agreement shall not be construed or interpreted against, or in favor of, either party. The parties agree that ambiguities concerning matters addressed in this Agreement should be resolved in a manner consistent with the City’s personnel rules and procedures to the extent those rules and procedures are not inconsistent with this Agreement. In witness whereof, the City has caused this Agreement to be signed and executed on its behalf by its Mayor and duly attested by its City Clerk, and Employee has signed and executed this Agreement effective July 1, 2023. EMPLOYEE CITY OF SARATOGA _________________ ______________________________________ James Lindsay Date Kookie Fitzsimmons Date Mayor ATTEST: _____________________________ Britt Avrit Date City Clerk APPROVED AS TO FORM: ______________________________ Richard S. Taylor Date City Attorney 1663789.1 213 Resolution Page 1 RESOLUTION NO. 23-____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING THE CITY’S SALARY SCHEDULE EFFECTIVE JULY 1, 2023 WHEREAS, the Public Employees’ Retirement Law (PERL), Public Employees’ Pension Reform Act of 2013 (PEPRA), and Title 2 of the California Code of Regulations (CCR) requires local agencies to publish a publicly available pay schedule; and WHEREAS, under the PERL and PEPRA, compensation earnable and pensionable compensation are determined in accordance with amounts identified on publicly available pay schedules; and WHEREAS, Subdivision (a) of 2 CCR section 570.5 requires that salary schedules are duly approved and adopted by the employer's governing body in accordance with requirements of applicable public meetings laws; and WHEREAS, City Council Resolution 23-062 adopted the current salary schedule effective July 1, 2023; NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Saratoga hereby, 1. Rescinds all previously approved salary schedules, effective July 1, 2023; 2. Approves the salary schedules effective July 1, 2023, attached as Exhibit A; and 3. Directs City staff to publish the amended salary schedule in compliance with Subdivision (a) of 2 CCR section 570.5. The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 19th day of July 2023 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Kookie Fitzsimmons, Mayor ATTEST: Britt Avrit, MMC, City Clerk 214 Exhibit A FLSA Status 123456*7* Accountant II Exempt 116,438.40 122,262.40 128,377.60 134,784.00 141,523.20 148,595.20 156,020.80 Accounting Technician Non-exempt 85,280.00 89,544.00 94,016.00 98,716.80 103,667.20 108,846.40 114,296.00 Accounting Technician, Senior Non-exempt 93,808.00 98,508.80 103,417.60 108,576.00 114,004.80 119,724.80 125,715.20 Administrative Analyst I Non-exempt 106,620.80 111,966.40 117,561.60 123,448.00 129,625.60 136,094.40 142,916.80 Administrative Analyst II Exempt 115,523.20 121,305.60 127,358.40 133,723.20 140,400.00 147,430.40 154,814.40 Administrative Assistant Non-exempt 81,286.40 85,342.40 89,606.40 94,078.40 98,779.20 103,729.60 108,908.80 Administrative Services Director Exempt 211,286.40 221,852.80 232,939.20 244,587.20 256,817.60 269,651.20 283,150.40 Administrative Technician Non-exempt 85,280.00 89,544.00 94,016.00 98,716.80 103,667.20 108,846.40 114,296.00 Arborist Exempt 117,208.00 123,073.60 129,230.40 135,678.40 142,480.00 149,593.60 157,081.60 Assistant City Manager Exempt 220,188.80 231,192.00 242,756.80 254,883.20 267,633.60 281,028.80 295,089.60 Building Inspector Non-exempt 110,198.40 115,731.20 121,492.80 127,587.20 133,952.00 140,649.60 147,680.00 Building Official Exempt 164,236.80 172,452.80 181,084.80 190,132.80 199,638.40 209,622.40 220,105.60 City Clerk Exempt 147,201.60 154,564.80 162,281.60 170,393.60 178,921.60 187,844.80 197,246.40 City Council Member Exempt 3,000.00 City Manager Exempt 300,518.00 Code Compliance Officer Non-exempt 97,760.00 102,648.00 107,785.60 113,172.80 118,830.40 124,800.00 131,040.00 Community Development Director Exempt 209,206.40 219,668.80 230,630.40 242,174.40 254,280.00 266,988.80 280,342.40 Development Services Assistant Non-exempt 81,286.40 85,342.40 89,606.40 94,078.40 98,779.20 103,729.60 108,908.80 Engineer, Assistant Non-exempt 113,235.20 118,913.60 124,862.40 131,102.40 137,633.60 144,518.40 151,736.00 Engineer, Associate Civil Exempt 129,396.80 135,886.40 142,667.20 149,801.60 157,310.40 165,172.80 173,430.40 Engineering Services Manager/City Engineer Exempt 176,300.80 185,099.20 194,355.20 204,068.80 214,281.60 224,993.60 236,246.40 Environmental Programs Manager Exempt 127,129.60 133,473.60 140,150.40 147,160.00 154,502.40 162,240.00 170,352.00 Executive Assistant Non-exempt 94,993.60 99,736.00 104,707.20 109,948.80 115,440.00 121,222.40 127,275.20 Facilities Administrator Non-exempt 85,280.00 89,544.00 94,016.00 98,716.80 103,667.20 108,846.40 114,296.00 Facilities Maintenance Manager Exempt 127,025.60 133,390.40 140,067.20 147,056.00 154,419.20 162,156.80 170,268.80 Facility Maintenance Lead Worker Non-exempt 91,582.40 96,158.40 100,963.20 106,017.60 111,300.80 116,854.40 122,699.20 Facility Maintenance Worker III Non-exempt 82,596.80 86,736.00 91,062.40 95,596.80 100,380.80 105,414.40 110,697.60 Finance Manager Exempt 159,182.40 167,148.80 175,489.60 184,246.40 193,460.80 203,112.00 213,262.40 Human Resources Analyst Exempt 110,822.40 116,355.20 122,179.20 128,294.40 134,700.80 141,440.00 148,512.00 Human Resources Manager Exempt 172,016.00 180,627.20 189,654.40 199,139.20 209,102.40 219,544.00 230,526.40 IT Analyst Non-exempt 118,268.80 124,176.00 130,395.20 136,926.40 143,769.60 150,945.60 158,516.80 IT Manager Exempt 159,224.00 167,190.40 175,552.00 184,329.60 193,564.80 203,257.60 213,428.80 Maintenance Lead Worker, Parks or Streets Non-exempt 91,582.40 96,158.40 100,963.20 106,017.60 111,300.80 116,854.40 122,699.20 Maintenance Worker I, Parks or Streets Non-exempt 67,974.40 71,364.80 74,942.40 78,686.40 82,617.60 86,756.80 91,083.20 Maintenance Worker II, Parks or Streets Non-exempt 75,088.00 78,832.00 82,784.00 86,902.40 91,249.60 95,825.60 100,609.60 Maintenance Worker III, Parks or Streets Non-exempt 82,596.80 86,736.00 91,062.40 95,596.80 100,380.80 105,414.40 110,697.60 Permit Technician Non-exempt 85,280.00 89,544.00 94,016.00 98,716.80 103,667.20 108,846.40 114,296.00 Planner, Assistant Non-exempt 103,355.20 108,513.60 113,942.40 119,620.80 125,611.20 131,892.80 138,486.40 Planner, Associate Exempt 117,208.00 123,073.60 129,230.40 135,678.40 142,480.00 149,593.60 157,081.60 Planner, Senior Exempt 130,686.40 137,196.80 144,060.80 151,257.60 158,808.00 166,774.40 175,115.20 Planning Commissioner Exempt 1,800.00 Public Information Officer Exempt 127,774.40 134,180.80 140,878.40 147,929.60 155,313.60 163,092.80 171,246.40 Public Works Director Exempt 216,528.00 227,364.80 238,742.40 250,681.60 263,203.20 276,369.60 290,201.60 Public Works Inspector Non-exempt 106,475.20 111,779.20 117,374.40 123,240.00 129,396.80 135,886.40 142,667.20 Public Works Manager, Parks Maintenance Exempt 134,804.80 141,544.00 148,616.00 156,041.60 163,841.60 172,036.80 180,648.00 Public Works Manager, Streets & Fleet Maintenance Exempt 134,804.80 141,544.00 148,616.00 156,041.60 163,841.60 172,036.80 180,648.00 *The seven-step range includes multi-year steps 6 and 7. Advancement to steps 6 and 7 is after four (4) years of satisfactory service at Steps 5 and 6, respectively. Salary Steps, Annualized City of Saratoga Annualized Salary Schedule, All Employee Classifications Effective July 1, 2023 Position Title 215 Exhibit A FLSA Status Pay Basis 123456*7* Accountant II Exempt Annual 116,438.40 122,262.40 128,377.60 134,784.00 141,523.20 148,595.20 156,020.80 Monthly 9,703.20 10,188.53 10,698.13 11,232.00 11,793.60 12,382.93 13,001.73 Hourly 55.98 58.78 61.72 64.80 68.04 71.44 75.01 Accounting Technician Non-exempt Annual 85,280.00 89,544.00 94,016.00 98,716.80 103,667.20 108,846.40 114,296.00 Monthly 7,106.67 7,462.00 7,834.67 8,226.40 8,638.93 9,070.53 9,524.67 Hourly 41.00 43.05 45.20 47.46 49.84 52.33 54.95 Accounting Technician, Senior Non-exempt Annual 93,808.00 98,508.80 103,417.60 108,576.00 114,004.80 119,724.80 125,715.20 (Senior Accounting Technician) Monthly 7,817.33 8,209.07 8,618.13 9,048.00 9,500.40 9,977.07 10,476.27 Hourly 45.10 47.36 49.72 52.20 54.81 57.56 60.44 Administrative Assistant Non-exempt Annual 81,286.40 85,342.40 89,606.40 94,078.40 98,779.20 103,729.60 108,908.80 Monthly 6,773.87 7,111.87 7,467.20 7,839.87 8,231.60 8,644.13 9,075.73 Hourly 39.08 41.03 43.08 45.23 47.49 49.87 52.36 Administrative Technician Non-exempt Annual 85,280.00 89,544.00 94,016.00 98,716.80 103,667.20 108,846.40 114,296.00 Monthly 7,106.67 7,462.00 7,834.67 8,226.40 8,638.93 9,070.53 9,524.67 Hourly 41.00 43.05 45.20 47.46 49.84 52.33 54.95 Administrative Analyst I Non-exempt Annual 106,620.80 111,966.40 117,561.60 123,448.00 129,625.60 136,094.40 142,916.80 Monthly 8,885.07 9,330.53 9,796.80 10,287.33 10,802.13 11,341.20 11,909.73 Hourly 51.26 53.83 56.52 59.35 62.32 65.43 68.71 Administrative Analyst II Exempt Annual 115,523.20 121,305.60 127,358.40 133,723.20 140,400.00 147,430.40 154,814.40 Monthly 9,626.93 10,108.80 10,613.20 11,143.60 11,700.00 12,285.87 12,901.20 Hourly 55.54 58.32 61.23 64.29 67.50 70.88 74.43 Arborist Exempt Annual 117,208.00 123,073.60 129,230.40 135,678.40 142,480.00 149,593.60 157,081.60 Monthly 9,767.33 10,256.13 10,769.20 11,306.53 11,873.33 12,466.13 13,090.13 Hourly 56.35 59.17 62.13 65.23 68.50 71.92 75.52 Building Inspector Non-exempt Annual 110,198.40 115,731.20 121,492.80 127,587.20 133,952.00 140,649.60 147,680.00 Monthly 9,183.20 9,644.27 10,124.40 10,632.27 11,162.67 11,720.80 12,306.67 Hourly 52.98 55.64 58.41 61.34 64.40 67.62 71.00 Code Compliance Officer Non-exempt Annual 97,760.00 102,648.00 107,785.60 113,172.80 118,830.40 124,800.00 131,040.00 Monthly 8,146.67 8,554.00 8,982.13 9,431.07 9,902.53 10,400.00 10,920.00 Hourly 47.00 49.35 51.82 54.41 57.13 60.00 63.00 Development Services Assistant Non-exempt Annual 81,286.40 85,342.40 89,606.40 94,078.40 98,779.20 103,729.60 108,908.80 Monthly 6,773.87 7,111.87 7,467.20 7,839.87 8,231.60 8,644.13 9,075.73 Hourly 39.08 41.03 43.08 45.23 47.49 49.87 52.36 Engineer, Assistant Non-exempt Annual 113,235.20 118,913.60 124,862.40 131,102.40 137,633.60 144,518.40 151,736.00 (Assistant Engineer) Monthly 9,436.27 9,909.47 10,405.20 10,925.20 11,469.47 12,043.20 12,644.67 Hourly 54.44 57.17 60.03 63.03 66.17 69.48 72.95 Engineer, Associate Civil Exempt Annual 129,396.80 135,886.40 142,667.20 149,801.60 157,310.40 165,172.80 173,430.40 (Associate Civil Engineer) Monthly 10,783.07 11,323.87 11,888.93 12,483.47 13,109.20 13,764.40 14,452.53 Hourly 62.21 65.33 68.59 72.02 75.63 79.41 83.38 Environmental Programs Manager Exempt Annual 127,129.60 133,473.60 140,150.40 147,160.00 154,502.40 162,240.00 170,352.00 Monthly 10,594.13 11,122.80 11,679.20 12,263.33 12,875.20 13,520.00 14,196.00 Hourly 61.12 64.17 67.38 70.75 74.28 78.00 81.90 Executive Assistant Non-exempt Annual 94,993.60 99,736.00 104,707.20 109,948.80 115,440.00 121,222.40 127,275.20 Monthly 7,916.13 8,311.33 8,725.60 9,162.40 9,620.00 10,101.87 10,606.27 Hourly 45.67 47.95 50.34 52.86 55.50 58.28 61.19 Facilities Administrator Non-exempt Annual 85,280.00 89,544.00 94,016.00 98,716.80 103,667.20 108,846.40 114,296.00 Monthly 7,106.67 7,462.00 7,834.67 8,226.40 8,638.93 9,070.53 9,524.67 Hourly 41.00 43.05 45.20 47.46 49.84 52.33 54.95 Facility Maintenance Worker III Non-exempt Annual 82,596.80 86,736.00 91,062.40 95,596.80 100,380.80 105,414.40 110,697.60 Monthly 6,883.07 7,228.00 7,588.53 7,966.40 8,365.07 8,784.53 9,224.80 Hourly 39.71 41.70 43.78 45.96 48.26 50.68 53.22 Saratoga Employee Association (SEA) Classifications Salary Schedule Effective July 2, 2023 Salary Steps Position Title *The seven-step range includes multi-year steps 6 and 7. Advancement to steps 6 and 7 is after four (4) years of satisfactory service at Steps 5 and 6, respectively. 216 Exhibit A FLSA Status Pay Basis 123456*7* Facility Maintenance Lead Worker Non-exempt Annual 91,582.40 96,158.40 100,963.20 106,017.60 111,300.80 116,854.40 122,699.20 Monthly 7,631.87 8,013.20 8,413.60 8,834.80 9,275.07 9,737.87 10,224.93 Hourly 44.03 46.23 48.54 50.97 53.51 56.18 58.99 IT Analyst Non-exempt Annual 118,268.80 124,176.00 130,395.20 136,926.40 143,769.60 150,945.60 158,516.80 Monthly 9,855.73 10,348.00 10,866.27 11,410.53 11,980.80 12,578.80 13,209.73 Hourly 56.86 59.70 62.69 65.83 69.12 72.57 76.21 Permit Technician Non-exempt Annual 85,280.00 89,544.00 94,016.00 98,716.80 103,667.20 108,846.40 114,296.00 Monthly 7,106.67 7,462.00 7,834.67 8,226.40 8,638.93 9,070.53 9,524.67 Hourly 41.00 43.05 45.20 47.46 49.84 52.33 54.95 Planner, Assistant Non-exempt Annual 103,355.20 108,513.60 113,942.40 119,620.80 125,611.20 131,892.80 138,486.40 (Assistant Planner) Monthly 8,612.93 9,042.80 9,495.20 9,968.40 10,467.60 10,991.07 11,540.53 Hourly 49.69 52.17 54.78 57.51 60.39 63.41 66.58 Planner, Associate Exempt Annual 117,208.00 123,073.60 129,230.40 135,678.40 142,480.00 149,593.60 157,081.60 (Associate Planner) Monthly 9,767.33 10,256.13 10,769.20 11,306.53 11,873.33 12,466.13 13,090.13 Hourly 56.35 59.17 62.13 65.23 68.50 71.92 75.52 Planner, Senior Exempt Annual 130,686.40 137,196.80 144,060.80 151,257.60 158,808.00 166,774.40 175,115.20 (Senior Planner) Monthly 10,890.53 11,433.07 12,005.07 12,604.80 13,234.00 13,897.87 14,592.93 Hourly 62.83 65.96 69.26 72.72 76.35 80.18 84.19 Public Works Inspector Non-exempt Annual 106,475.20 111,779.20 117,374.40 123,240.00 129,396.80 135,886.40 142,667.20 Monthly 8,872.93 9,314.93 9,781.20 10,270.00 10,783.07 11,323.87 11,888.93 Hourly 51.19 53.74 56.43 59.25 62.21 65.33 68.59 Saratoga Employee Association (SEA) Classifications Salary Schedule (continued) Effective July 2, 2023 Position Title Salary Steps *The seven-step range includes multi-year steps 6 and 7. Advancement to steps 6 and 7 is after four (4) years of satisfactory service at Steps 5 and 6, respectively. 217 Exhibit A FLSA Status Pay Basis 123456*7* Maintenance Worker I, Parks or Streets Non-exempt Annual 67,974.40 71,364.80 74,942.40 78,686.40 82,617.60 86,756.80 91,083.20 Monthly 5,664.53 5,947.07 6,245.20 6,557.20 6,884.80 7,229.73 7,590.27 Hourly 32.68 34.31 36.03 37.83 39.72 41.71 43.79 Maintenance Worker II, Parks or Streets Non-exempt Annual 75,088.00 78,832.00 82,784.00 86,902.40 91,249.60 95,825.60 100,609.60 Monthly 6,257.33 6,569.33 6,898.67 7,241.87 7,604.13 7,985.47 8,384.13 Hourly 36.10 37.90 39.80 41.78 43.87 46.07 48.37 Maintenance Worker III, Parks or Streets Non-exempt Annual 82,596.80 86,736.00 91,062.40 95,596.80 100,380.80 105,414.40 110,697.60 Monthly 6,883.07 7,228.00 7,588.53 7,966.40 8,365.07 8,784.53 9,224.80 Hourly 39.71 41.70 43.78 45.96 48.26 50.68 53.22 Maintenance Lead Worker, Parks or Streets Non-exempt Annual 91,582.40 96,158.40 100,963.20 106,017.60 111,300.80 116,854.40 122,699.20 Monthly 7,631.87 8,013.20 8,413.60 8,834.80 9,275.07 9,737.87 10,224.93 Hourly 44.03 46.23 48.54 50.97 53.51 56.18 58.99 *The seven-step range includes multi-year steps 6 and 7. Advancement to steps 6 and 7 is after four (4) years of satisfactory service at Steps 5 and 6, respectively. Salary Steps Position Title Carpenters 46 Northern CA Counties Conference Board Salary Schedule Effective July 1, 2023 UNION Classifications 218 Exhibit A FLSA Status Pay Basis 123456*7* Administrative Services Director Exempt Annual 211,286.40 221,852.80 232,939.20 244,587.20 256,817.60 269,651.20 283,150.40 Monthly 17,607.20 18,487.73 19,411.60 20,382.27 21,401.47 22,470.93 23,595.87 Hourly 101.58 106.66 111.99 117.59 123.47 129.64 136.13 Assistant City Manager Exempt Annual 220,188.80 231,192.00 242,756.80 254,883.20 267,633.60 281,028.80 295,089.60 Monthly 18,349.07 19,266.00 20,229.73 21,240.27 22,302.80 23,419.07 24,590.80 Hourly 105.86 111.15 116.71 122.54 128.67 135.11 141.87 Building Official Exempt Annual 164,236.80 172,452.80 181,084.80 190,132.80 199,638.40 209,622.40 220,105.60 Monthly 13,686.40 14,371.07 15,090.40 15,844.40 16,636.53 17,468.53 18,342.13 Hourly 78.96 82.91 87.06 91.41 95.98 100.78 105.82 City Clerk Exempt Annual 147,201.60 154,564.80 162,281.60 170,393.60 178,921.60 187,844.80 197,246.40 Monthly 12,266.80 12,880.40 13,523.47 14,199.47 14,910.13 15,653.73 16,437.20 Hourly 70.77 74.31 78.02 81.92 86.02 90.31 94.83 Community Development Director Exempt Annual 209,206.40 219,668.80 230,630.40 242,174.40 254,280.00 266,988.80 280,342.40 Monthly 17,433.87 18,305.73 19,219.20 20,181.20 21,190.00 22,249.07 23,361.87 Hourly 100.58 105.61 110.88 116.43 122.25 128.36 134.78 Engineering Services Manager/ Exempt Annual 176,300.80 185,099.20 194,355.20 204,068.80 214,281.60 224,993.60 236,246.40 City Engineer Monthly 14,691.73 15,424.93 16,196.27 17,005.73 17,856.80 18,749.47 19,687.20 Hourly 84.76 88.99 93.44 98.11 103.02 108.17 113.58 Facilities Maintenance Manager Exempt Annual 127,025.60 133,390.40 140,067.20 147,056.00 154,419.20 162,156.80 170,268.80 Monthly 10,585.47 11,115.87 11,672.27 12,254.67 12,868.27 13,513.07 14,189.07 Hourly 61.07 64.13 67.34 70.70 74.24 77.96 81.86 Finance Manager Exempt Annual 159,182.40 167,148.80 175,489.60 184,246.40 193,460.80 203,112.00 213,262.40 Monthly 13,265.20 13,929.07 14,624.13 15,353.87 16,121.73 16,926.00 17,771.87 Hourly 76.53 80.36 84.37 88.58 93.01 97.65 102.53 Human Resources Manager Exempt Annual 172,016.00 180,627.20 189,654.40 199,139.20 209,102.40 219,544.00 230,526.40 Monthly 14,334.67 15,052.27 15,804.53 16,594.93 17,425.20 18,295.33 19,210.53 Hourly 82.70 86.84 91.18 95.74 100.53 105.55 110.83 Human Resources Analyst Exempt Annual 110,822.40 116,355.20 122,179.20 128,294.40 134,700.80 141,440.00 148,512.00 Monthly 9,235.20 9,696.27 10,181.60 10,691.20 11,225.07 11,786.67 12,376.00 Hourly 53.28 55.94 58.74 61.68 64.76 68.00 71.40 Information Technology Manager Exempt Annual 159,224.00 167,190.40 175,552.00 184,329.60 193,564.80 203,257.60 213,428.80 IT Manager Monthly 13,268.67 13,932.53 14,629.33 15,360.80 16,130.40 16,938.13 17,785.73 Hourly 76.55 80.38 84.40 88.62 93.06 97.72 102.61 Public Information Officer Exempt Annual 127,774.40 134,180.80 140,878.40 147,929.60 155,313.60 163,092.80 171,246.40 Monthly 10,647.87 11,181.73 11,739.87 12,327.47 12,942.80 13,591.07 14,270.53 Hourly 61.43 64.51 67.73 71.12 74.67 78.41 82.33 Public Works Director Exempt Annual 216,528.00 227,364.80 238,742.40 250,681.60 263,203.20 276,369.60 290,201.60 Monthly 18,044.00 18,947.07 19,895.20 20,890.13 21,933.60 23,030.80 24,183.47 Hourly 104.10 109.31 114.78 120.52 126.54 132.87 139.52 Public Works Manager, Parks Maintenance Exempt Annual 134,804.80 141,544.00 148,616.00 156,041.60 163,841.60 172,036.80 180,648.00 Public Works Manager, Streets & Monthly 11,233.73 11,795.33 12,384.67 13,003.47 13,653.47 14,336.40 15,054.00 Fleet Maintenance Hourly 64.81 68.05 71.45 75.02 78.77 82.71 86.85 *The seven-step range includes multi-year steps 6 and 7. Advancement to steps 6 and 7 is after four (4) years of satisfactory service at Steps 5 and 6, respectively. Salary Steps Position Title Unrepresented Classifications Salary Schedule Effective July 2, 2023 219 Exhibit A FLSA Status Pay Basis Salary City Council Member Exempt Annual 3,000.00 Monthly 250.00 Planning Commissioner Exempt Annual 1,800.00 (Appointed by City Council) Monthly 150.00 City Manager Exempt Annual 300,518.00 (Appointed by City Council) Monthly 25,043.17 2.50%Hourly 144.48 Position Title Elected/ Appointed Classifications Salary Schedule Effective July 1, 2023 220 Exhibit A FLSA Status Pay Basis 12345 Facility Attendant Non-exempt Hourly 19.74 20.73 21.77 22.86 24.00 Maintenance Worker I Non-exempt Hourly 32.68 34.31 36.03 37.83 39.72 Clerical Assistant Non-exempt Hourly 26.40 Position Title Salary Steps Temporary Classifications Salary Schedule Effective July 2, 2023 221 SARATOGA CITY COUNCIL MEETING DATE:July 19, 2023 DEPARTMENT:City Manager’s Department PREPARED BY:Britt Avrit, MMC, City Clerk SUBJECT:Designation of League of California Cities Annual Conference Voting Delegate and Alternate(s) RECOMMENDED ACTION: Designate the City of Saratoga’s voting delegate and alternate voting delegate(s) for the 2023 League of California Cities Annual Conference. BACKGROUND: The Cal Cities Annual Conference will take place in Sacramento September 20-22,2023. The League will conduct a General Assembly on September 9, 2023.At the General Assembly, voting delegates take action on resolutions that establish League policy. Each member city is asked to designate a voting delegate and up to two (2)alternate voting delegates. Delegates and alternates must be registered to attend the Annual Conference. The League of California Cities requires that cities submit the names of their designated voter and alternates by Monday, August 28, 2023. ATTACHMENT: Attachment A –Voting Delegate Packet 222 1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org DATE: Wednesday, June 21, 2023 TO: Mayors, Council Members, City Clerks, and City Managers RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES League of California Cities Annual Conference and Expo, Sept. 20-22, 2023, Sacramento SAFE Credit Union Convention Center Every year, the League of California Cities convenes a member-driven General Assembly at the Cal Cities Annual Conference and Expo. The General Assembly is an important opportunity where city officials can directly participate in the development of Cal Cities policy. Taking place on Sept. 22, the General Assembly is comprised of voting delegates appointed by each member city; every city has one voting delegate. Your appointed voting delegate plays an important role during the General Assembly by representing your city and voting on resolutions. To cast a vote during the General Assembly, your city must designate a voting delegate and up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity. Voting delegates may either be an elected or appointed official. Please complete the attached voting delegate form and email it to Cal Cities office no later than Monday, August 28. New this year, we will host a pre-conference information session for voting delegates to explain their role. Submitting your voting delegate form by the deadline will allow us time to establish voting delegate/alternate records prior to the conference and provide pre- conference communications with voting delegates. Please view Cal Cities’ event and meeting policy in advance of the conference. Action by Council Required. Consistent with Cal Cities bylaws, a city’s voting delegate and up to two alternates must be designated by the city council. When completing the attached Voting Delegate form, please attach either a copy of the council resolution that reflects the council action taken or have your city clerk or mayor sign the form affirming that the names provided are those selected by the city council. Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone. Council Action Advised by August 28, 2023 223 Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. Conference registration is open on the Cal Cities website. For a city to cast a vote, one voter must be present at the General Assembly and in possession of the voting delegate card and voting tool. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the voting delegate desk. This will enable them to receive the special sticker on their name badges that will admit the voting delegate into the voting area during the General Assembly. Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the General Assembly, they may not transfer the voting card to another city official. Seating Protocol during General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate. The voting delegate desk, located in the conference registration area of the SAFE Credit Union Convention Center in Sacramento, will be open at the following times: Wednesday, Sept. 20, 8:00 a.m.- 6:00 p.m. and Thursday, Sept. 21, 7:30 a.m.- 4:00 p.m. On Friday, Sept. 22, the voting delegate desk will be open at the General Assembly, starting at 7:30 a.m., but will be closed during roll calls and voting. The voting procedures that will be used at the conference are attached to this memo. Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city’s voting delegate and alternates. Once again, thank you for completing the voting delegate and alternate form and returning it to Cal Cities office by Monday, Aug. 28. If you have questions, please contact Zach Seals at zseals@calcities.org. Attachments: • General Assembly Voting Guidelines • Voting Delegate/Alternate Form • Information Sheet: Cal Cities Resolutions and the General Assembly 224 1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org General Assembly Voting Guidelines 1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to Cal Cities policy. 2. Designating a City Voting Representative. Prior to the Cal Cities Annual Conference and Expo, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the voting delegate form provided to the Cal Cities Credentials Committee. 3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the voting delegate desk in the conference registration area. Voting delegates and alternates must sign in at the voting delegate desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the General Assembly. 4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city’s voting card by providing a signature to the credentials committee at the voting delegate desk, may sign petitions to initiate a resolution. 5. Voting. To cast the city's vote, a city official must have in their possession the city's voting card and voting tool; and be registered with the credentials committee. The voting card may be transferred freely between the voting delegate and alternates but may not be transferred to another city official who is neither a voting delegate nor alternate. 6. Voting Area at General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate. 7. Resolving Disputes. In case of dispute, the credentials committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the General Assembly. 225 CITY: ________________________________________ 2023 ANNUAL CONFERENCE VOTING DELEGATE/ALTERNATE FORM Please complete this form and return it to Cal Cities office by Monday, August 28, 2023. Forms not sent by this deadline may be submitted to the Voting Delegate Desk located in the Annual Conference Registration Area. Your city council may designate one voting delegate and up to two alternates. To vote at the General Assembly, voting delegates and alternates must be designated by your city council. Please attach the council resolution as proof of designation. As an alternative, the Mayor or City Clerk may sign this form, affirming that the designation reflects the action taken by the council. Please note: Voting delegates and alternates will be seated in a separate area at the General Assembly. Admission to this designated area will be limited to individuals (voting delegates and alternates) who are identified with a special sticker on their conference badge. This sticker can be obtained only at the voting delegate desk. 1. VOTING DELEGATE Name: Title: 2. VOTING DELEGATE - ALTERNATE Name: Title: Email: _______________________________ Email: ______________________________ 3. VOTING DELEGATE - ALTERNATE Name: Title: Email: _____________________________ ATTACH COUNCIL RESOLUTION DESIGNATING VOTING DELEGATE AND ALTERNATES OR ATTEST: I affirm that the information provided reflects action by the city council to designate the voting delegate and alternate(s). Name: ____________________________________ Email: _________________________________ Mayor or City Clerk: ________________________ Date: __________ Phone: ________________ (circle one) (signature) Please complete and email this form to votingdelegates@calcities.org by Monday, August 28, 2023. 226 Sixty days before the Annual Conference and Expo, Cal Cities members may submit policy proposals on issues of importance to cities. The resolution must have the concurrence of at least five additional member cities or individual members. How it works: Cal Cities Resolutions and the General Assembly General Assembly General Resolutions Policy Committees Developing League of California Cities policy is a dynamic process that engages a wide range of members to ensure that we are representing California cities with one voice. These policies directly guide Cal Cities advocacy to promote local decision-making, and lobby against statewide policy that erodes local control. The resolutions process and General Assembly is one way that city officials can directly participate in the development of Cal Cities policy. If a resolution is approved at the General Assembly, it becomes official Cal Cities policy. Here’s how Resolutions and the General Assembly works. The petitioned resolution is an alternate method to introduce policy proposals during the annual conference. The petition must be signed by voting delegates from 10% of member cities, and submitted to the Cal Cities President at least 24 hours before the beginning of the General Assembly. Petitioned Resolutions The Cal Cities President assigns general resolutions to policy committees where members review, debate, and recommend positions for each policy proposal. Recommendations are forwarded to the Resolutions Committee. Who’s who The Resolutions Committee includes representatives from each Cal Cities diversity caucus, regional division, municipal department, policy committee, as well as individuals appointed by the Cal Cities president. Voting delegates are appointed by each member city; every city has one voting delegate. The General Assembly is a meeting of the collective body of all voting delegates — one from every member city. Seven Policy Committees meet throughout the year to review and recommend positions to take on bills and regulatory proposals. Policy committees include members from each Cal Cities diversity caucus, regional division, municipal department, as well as individuals appointed by the Cal Cities president. During the General Assembly, voting delegates debate and consider general and petitioned resolutions forwarded by the Resolutions Committee. Potential Cal Cities bylaws amendments are also considered at this meeting. Cal Cities policy development is a member-informed process, grounded in the voices and experiences of city officials throughout the state. For more information visit www.calcities.org/general-assembly Prior to the Annual Conference and Expo Resolutions Committee The Resolutions Committee considers all resolutions. General Resolutions approved1 by either a policy committee or the Resolutions Committee are next considered by the General Assembly. General resolutions not approved, or referred for further study by both a policy committee and the Resolutions Committee do not go the General Assembly. All Petitioned Resolutions are considered by the General Assembly, unless disqualified.2 • Voting delegates will receive increased communications to prepare them for their role during the General Assembly. • The General Assembly will take place earlier to allow more time for debate and discussion. • Improvements to the General Assembly process will make it easier for voting delegates to discuss and debate resolutions. What’s new in 2023? During the Annual Conference and Expo 1 The Resolution Committee can amend a general resolution prior to sending it to the General Assembly. 2 Petitioned Resolutions may be disqualified by the Resolutions Committee according to Cal Cities Bylaws Article VI. Sec. 5(f). 227 SARATOGA CITY COUNCIL COUNCIL ASSIGNMENTS Mayor Kookie Fitzsimmons Cities Association of Santa Clara County-City Selection Committee Council Finance Committee Hakone Foundation Executive Board Saratoga Area Senior Coordinating Council Board of Directors West Valley Mayors & Managers Association Vice Mayor Yan Zhao Cities Association of Santa Clara County-Legislative Action Committee Saratoga Ministerial Association Silicon Valley Regional Interoperability Authority Alternate Council Member Belal Aftab Association of Bay Area Governments Hakone Foundation Board of Trustees Santa Clara County Housing and Community Development (HCD) Advisory Committee Saratoga Historical Foundation Board of Directors Valley Transportation Authority (VTA) Policy Advisory Committee Council Member Chuck Page Council Finance Committee Santa Clara Valley Water Commission Saratoga Chamber of Commerce Board West Valley Clean Water Program Authority Board of Directors West Valley Sanitation District Board of Directors West Valley Solid Waste Management Authority Board of Directors Council Member Tina Walia Cities Association of Santa Clara County Board of Directors KSAR Community Access TV Board Santa Clara County Library District Board of Directors Saratoga Sister City Committee Liaison Silicon Valley Clean Energy Authority Board of Directors 228