HomeMy WebLinkAbout04-07-2021 Council agenda packetSaratoga City Council Agenda – April 7, 2021 – Page 1 of 7
SARATOGA CITY COUNCIL
REGULAR MEETING
APRIL 7, 2021
Teleconference/Public Participation Information to Mitigate the Spread of COVID‐19
This meeting will be entirely by teleconference. All Council members and staff will only
participate via the Zoom platform using the process described below. The meeting is being
conducted in compliance with the Governor’s Executive Order N‐29‐20 suspending certain
teleconference rules required by the Ralph M. Brown Act. The purpose of this order was to provide
the safest environment for the public, elected officials, and staff while allowing for continued
operation of the government and public participation during the COVID‐19 pandemic.
Members of the public can view and participate in the Study Session by:
1. Using the Zoom website https://us02web.zoom.us/j/82123707835 or App (Webinar ID
821 2370 7835) and raising their hand when directed by the Mayor to speak on an agenda
item; OR
2. Calling 1.408.638.0968 or 1.669.900.6833, entering the Webinar ID (821 2370 7835),
and pressing *9 to raise their hand to speak on an agenda item when directed by the
Mayor.
Members of the public can view and participate in the Regular Session of the meeting by:
1. Using the Zoom website https://us02web.zoom.us/j/81867126378 or App (Webinar ID
818 6712 6378) and raising their hand when directed by the Mayor to speak on an agenda
item; OR
2. Calling 1.408.638.0968 or 1.669.900.6833, entering the Webinar ID (818 6712 6378),
and pressing *9 to raise their hand to speak on an agenda item when directed by the
Mayor; OR
3. Viewing the meeting on Saratoga Community Access Television Channel 15 (Comcast
Channel 15, AT&T UVerse Channel 99), calling 1.669.900.6833 or 1.408.638.0968,
entering the Webinar ID (818 6712 6378) and pressing *9 to raise their hand to speak on
an agenda item when directed by the Mayor; OR
4. Viewing online at http://saratoga.granicus.com/MediaPlayer.php?publish_id=2 and
calling 1.408.638.0968 or 1.669.900.6833, entering the Webinar ID (818 6712 6378),
and pressing *9 to raise their hand to speak on an agenda item when directed by the
Mayor. Please mute your computer or television before giving public comment.
The public will not be able to participate in the meeting in person.
As always, members of the public can send written comments to the Council prior to the meeting
by commenting online at www.saratoga.ca.us/comment prior to the start of the meeting. These
emails will be provided to the members of the Council and will become part of the official record
of the meeting.
Saratoga City Council Agenda – April 7, 2021 – Page 2 of 7
During the meeting the Mayor will explain the process for members of the public to be recognized
to offer public comment.
In accordance with the Americans with Disabilities Act and the Governor’s Executive Order, if
you need assistance to participate in this meeting due to a disability, please contact the City Clerk
at debbieb@saratoga.ca.us or calling 408.868.1216 as soon as possible before the meeting. The
City will use its best efforts to provide reasonable accommodations to provide as much
accessibility as possible while also maintaining public safety.
6:00 P.M. STUDY SESSION
Members of the public can view and participate in the Study Session by:
1. Using the Zoom website https://us02web.zoom.us/j/82123707835 or App (Webinar ID
821 2370 7835) and raising their hand when directed by the Mayor to speak on an agenda
item; OR
2. Calling 1.408.638.0968 or 1.669.900.6833, entering the Webinar ID (821 2370 7835),
and pressing *9 to raise their hand to speak on an agenda item when directed by the
Mayor.
Mayoral Rotation Policy
Recommended Action:
Staff recommends that the City Council discuss the Mayoral Rotation Policy and provide
direction to staff.
7:00 P.M. REGULAR SESSION
Members of the public can view and participate in the Regular Session of the meeting by:
1. Using the Zoom website https://us02web.zoom.us/j/81867126378 or App (Webinar ID
818 6712 6378) and raising their hand when directed by the Mayor to speak on an agenda
item; OR
2. Calling 1.408.638.0968 or 1.669.900.6833, entering the Webinar ID (818 6712 6378),
and pressing *9 to raise their hand to speak on an agenda item when directed by the
Mayor; OR
3. Viewing the meeting on Saratoga Community Access Television Channel 15 (Comcast
Channel 15, AT&T UVerse Channel 99), calling 1.669.900.6833 or 1.408.638.0968,
entering the Webinar ID (818 6712 6378) and pressing *9 to raise their hand to speak on
an agenda item when directed by the Mayor; OR
4. Viewing online at http://saratoga.granicus.com/MediaPlayer.php?publish_id=2 and
calling 1.408.638.0968 or 1.669.900.6833, entering the Webinar ID (818 6712 6378),
and pressing *9 to raise their hand to speak on an agenda item when directed by the
Mayor. Please mute your computer or television before giving public comment.
ROLL CALL
Saratoga City Council Agenda – April 7, 2021 – Page 3 of 7
REPORT ON POSTING OF THE AGENDA
The agenda for this meeting was properly posted on April 1, 2021.
REPORT ON STUDY SESSION
ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS
Any member of the public may address the City Council for up to three (3) minutes on matters
not on the Agenda. The law generally prohibits the City Council from discussing or taking action
on such items. However, the Council may instruct staff accordingly.
ANNOUNCEMENTS
1. CONSENT CALENDAR
The Consent Calendar contains routine items of business. Items in this section will be acted
on in one motion, unless removed by the Mayor or a Council Member. Any member of the
public may speak on an item on the Consent Calendar at this time, or request that the
Mayor remove an item from the Consent Calendar for discussion. Public Speakers are
limited to three (3) minutes.
1.1. City Council Meeting Minutes
Recommended Action:
Approve the City Council minutes for the Regular City Council Meeting on March 17,
2021.
1.2. Review of Accounts Payable Check Registers
Recommended Action:
Review and accept check registers for the following accounts payable payment cycles
03/23/21 Period 9; 03/31/21 Period 9:
1.3. Treasurer’s Report for the Month Ended February 28, 2021
Recommended Action:
Review and accept the Treasurer’s Report for the month ended February 28, 2021.
1.4. Business License Renewal Extension Program Update
Recommended Action:
Receive report and authorize staff to approve a second extension for an additional six
months.
1.5. Functional Classification Change for Local Streets and Roads
Recommended Action:
Adopt the resolution approving the submittal of functional classification change for local
streets and roads to the State of California, Department of Transportation (Caltrans).
1.6. AB 939 and Household Hazardous Waste Agreements with Santa Clara County
Recommended Action:
Authorize the City Manager to sign the Agreement for Countywide Assembly Bill 939
Implementation Fee and Santa Clara County Household Hazardous Waste Collection
Program
Agreement with a $45,244 augmentation for Fiscal Year 2021/22.
Saratoga City Council Agenda – April 7, 2021 – Page 4 of 7
2. PUBLIC HEARING
Items placed under this section of the Agenda are those defined by law as requiring a
special notice and/or a public hearing or those called by the City Council on its own
volition. During Public Hearings for appeals, Items requested for continuance are subject
to the City Council's approval at the Council Meeting.
2.1. Landmark Designation & Mills Act Agreement for 20280 Saratoga-Los Gatos Road.
Application No. MIL21-0001 & LNDMRK21-0001
Recommended Action:
The Heritage Preservation Commission (HPC) recommends that the City Council:
1.Conduct a public hearing on the proposal to designate the subject property as a historic
landmark and enter into a Mills Act Agreement.
2.Introduce and waive first reading of the attached ordinance designating the property as a
historic landmark.
3.Direct staff to place the ordinance on the Consent Calendar for adoption at the next
regular meeting of the City Council.
4.Adopt the attached Resolution authorizing the City Manager to enter into a Mills Act
Agreement for the property located at 20280 Saratoga-Los Gatos Road upon the effective
date of the landmark ordinance.
3. GENERAL BUSINESS
3.1. Community Event Grant Funding Reallocation Request for Saratoga Area Senior
Coordinating Council (SASCC)
Recommended Action:
Consider the request from the Saratoga Area Senior Coordinating Council (SASCC) to
reallocate $5,000 from the Fiscal Year 2020/21 Secured Funding Community Event Grant
Program to support SASCC’s general operations.
3.2. Acceptance of Paint the City Artwork
Recommended Action:
Accept artwork recommended by the Public Art Committee for the 3 utility box locations
included in the 2021 cycle of Paint the City: Saratoga Utility Box Art project; approve and
authorize the artist stipend in the amount of $600 per location.
3.3. 2020 General Plan Housing Element Annual Progress Report
Recommended Action:
Adopt the attached Resolution accepting the 2020 General Plan Housing Element Annual
Progress Report and direct staff to file the report with the Department of Housing and
Community Development (HCD).
3.4. Resolution Expressing Support for Local Control of Zoning and Housing
Recommended Action:
Approve the resolution in support of local control of zoning and housing and authorize
submittal of a letter from the City Council to Saratoga’s State representatives.
Saratoga City Council Agenda – April 7, 2021 – Page 5 of 7
3.5. City Council Position on Senate Bill 6
Recommended Action:
Approve the resolution in opposition to Senate Bill 6 and authorize submittal of letters from
the City Council expressing its opposition.
3.6. Reflective Neighborhood Watch Vests
Recommended Action:
Provide direction to staff on the proposal to purchase reflective Neighborhood Watch vests
to be distributed as part of a drive-through resource fair and the source of funding for the
vests.
3.7. City of Saratoga Community Event Promotion and Sponsorship Policy
Recommended Action:
Approve the resolution establishing the Community Event Promotion and Sponsorship
Policy to provide guidance for City promotion and sponsorship of community events.
COUNCIL ASSIGNMENTS
Mayor Yan Zhao
Association of Bay Area Governments
Cities Association of Santa Clara County-City Selection Committee
Cities Association of Santa Clara County-Legislative Action Committee
Cities Association of Santa Clara County
Council Finance Committee
Valley Transportation Authority (VTA) Policy Advisory Committee
VTA State Route 85 Corridor Policy Advisory Board
West Valley Mayors & Managers
West Valley Sanitation District
Vice Mayor Tina Walia
Council Finance Committee
KSAR Community Access TV Board
Saratoga Area Senior Coordinating Council (SASCC)
Silicon Valley Clean Energy Authority Board of Directors
Saratoga Ministerial Association
Council Member Rishi Kumar
Santa Clara County Library Joint Powers Authority
Santa Clara Valley Water District Commission
West Valley Clean Water Program Authority
West Valley Solid Waste Management Joint Powers Authority
Council Member Kookie Fitzsimmons
Chamber of Commerce
Hakone Foundation Board
Santa Clara County Housing and Community Development (HCD) Council Committee
Saratoga Public Art Committee
Sister City Organization
Saratoga City Council Agenda – April 7, 2021 – Page 6 of 7
Council Member Mary-Lynne Bernald
Hakone Foundation Board & Executive Committee
Santa Clara/Santa Cruz Airport/Community Roundtable
Saratoga Public Art Committee
Saratoga Historical Foundation
CITY COUNCIL ITEMS
COUNCIL COMMUNICATIONS
CITY MANAGER'S REPORT
ADJOURNMENT
CERTIFICATE OF POSTING OF THE AGENDA, DISTRIBUTION OF THE AGENDA
PACKET, COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT
I, Debbie Bretschneider, CMC, City Clerk, for the City of Saratoga, declare that the foregoing
agenda for the meeting of the City Council was posted and available for review on April 1, 2021
at the City of Saratoga, 13777 Fruitvale Avenue, Saratoga, California and on the City's website
at www.saratoga.ca.us.
Signed this 1st day of April 2021 at Saratoga, California.
Debbie Bretschneider, CMC, City Clerk
In accordance with the Ralph M. Brown Act, copies of the staff reports and other materials
provided to the City Council by City staff in connection with this agenda, copies of materials
distributed to the City Council concurrently with the posting of the agenda, and materials
distributed to the City Council by staff after the posting of the agenda are available on the City
Website at www.saratoga.ca.us. Following removal of State and local shelter in place orders
these materials will be available for review in the office of the City Clerk at 13777 Fruitvale
Avenue, Saratoga, California.
In Compliance with the Americans with Disabilities Act, if you need assistance to participate in
this meeting, please contact the City Clerk at debbieb@saratoga.ca.us or calling 408.868.1216 as
soon as possible before the meeting. The City will use its best efforts to provide reasonable
accommodations to provide as much accessibility as possible while also maintaining public safety.
[28 CFR 35.102-35.104 ADA title II]
04/07 6:00 p.m. Study Session on Mayoral Rotation Policy | 7:00 p.m. Regular Session
04/21
5:00 p.m. Commission Interviews | 6:00 p.m. Joint Meeting with Planning Commission | 7:00 p.m.
Regular Session
CITY OF SARATOGA
CITY COUNCIL MEETING CALENDAR 2021
Saratoga City Council Agenda – April 7, 2021 – Page 7 of 7
04/27 6:00 p.m. Study Session on Fiscal Year 2021/22 Budget
05/04 5:00 p.m. Commission Interviews – Youth Commission (time tentative)
05/05 6:00 p.m. Joint Meeting with Montalvo Arts | 7:00 p.m. Regular Session
05/19 6:00 p.m. Joint Meeting with Board of Supervisor Joe Simitian | 7:00 p.m. Regular Session
06/02 4:30 p.m. Commission Interviews | 5:30 p.m. Joint Meeting with Saratoga Neighborhoods &
Neighborhood Watch, Joan Pisani Community Center, Multipurpose Room | 7:00 p.m. Regular
Session
06/16 5:00 p.m. Joint Meeting with Santa Clara County Fire | 6:00 p.m. Joint Meeting with Silicon Valley
Leadership Group | 7:00 p.m. Regular Session
07/07 5:00 p.m. Closed Session | 6:00 p.m. Study Session on E-Communications Policy | 7:00 p.m. Regular
Session
07/21
5:00 p.m. Closed Session | 6:00 p.m. Joint Meeting with Hakone Board | 7:00 p.m. Regular Session
08/04 Tentative -No Meeting - Recess
08/18 Tentative -No Meeting - Recess
09/01 5:00 p.m. Commission Interviews – Library& Community Engagement Commission & Parks &
Recreation Commission | 6:00 p.m. Joint Meeting with Historical Foundation | 7:00 p.m. Regular
Session
09/15 5:00 p.m. Study Session on Rules of Parliamentary Procedure | 6:00 p.m. Joint Meeting with Youth
Commission | 7:00 p.m. Regular Session
10/06
5:00 p.m. Joint Meeting with Mountain Winery | 6:00 p.m. Joint Meeting with Sheriff’s Office | 7:00
p.m. Regular Session
10/20 6:00 p.m. Joint Meeting with West Valley – Mission Community College District Board of Trustees |
7:00 p.m. Regular Session
11/03 5:30 p.m. Joint Meeting with Saratoga Schools | 7:00 p.m. Regular Session
11/17 5:00 p.m. Joint Meeting with Los Gatos Saratoga Recreation | 6:00 p.m. Joint Meeting with State
Senator Dave Cortese | 7:00 p.m. Regular Session
12/01 5:00 p.m. Commission Interviews – Heritage Preservation Commission & Traffic Safety Commission
| 6:00 p.m. Joint Meeting with Assembly Member Low | 7:00 p.m. City Council Reorganization |
Regular Session
12/15 6:00 p.m. Study Session on City Council Norms | 7:00 p.m. Regular Session
1
SARATOGA CITY COUNCIL
MEETING DATE:April 7, 2021
DEPARTMENT:City Attorney
PREPARED BY:Richard Taylor, City Attorney
SUBJECT:Mayoral Rotation Policy
RECOMMENDED ACTION:
Staff recommends that the City Council discuss the Mayoral Rotation Policy and provide
direction to staff.
BACKGROUND:
At the December 16, 2020 City Council Operational Policies Study Session, the City Council
directed staff to bring forward information on the City’s Mayoral Rotation Policy and alternative
approaches to selecting the Mayor.
The City’s current policy was adopted in 2010. A copy is included as Attachment A. It
generally provides that the Council candidates with the two highest votes in any one election are
placed into a queue or list to rotate into the position of Mayor and Vice-Mayor. However,
because State law requires that the City Council vote to elect the Mayor and Vice Mayor at the
Council reorganization meeting, the policy serves only as guidance and the ultimate selection is
based on the vote of the City Council at the reorganization meeting.
If Council wishes to revise the current approach there are several alternatives:
1.Refine the current policy. The Council has broad discretion in refining the policy. This
could include, for example,establishing a procedure whereby instead of following the
City’s standard parliamentary procedures and taking motions nominating Mayoral
candidates for the election of Mayor, the City Clerk would simply call for a vote on the
election of the next person in rotation for the position of Mayor based on the policy. Of
course the Council could make other revisions to the process as well.
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2.Adopt a new policy. The Council could adopt a new policy that sets forth a different
approach. For example, it could establish a list based on years of service on the City
Council or it could call for the City Clerk to conduct a vote for each member of the
Council with the person receiving the most votes (and at least 3) being selected as Mayor.
3.Rescind the current policy. There is no requirement for a mayoral rotation policy. The
City could repeal the policy and select the Mayor and Vice Mayor each year following
the standard process for other Council decisions.
4.Have a directly elected Mayor. State law authorizes general law cities such as Saratoga
to have the voters directly elect the Mayor. The Mayor would serve a two year or four
term. The change to a directly elected Mayor must be approved by Saratoga voters at an
election.
DISCUSSION:
The City Clerk’s office inquired as to practices of other general law cities in the area. Of those
that responded, most do not have a formal policy that guides selection of Mayor. Cupertino and
Los Gatos report having a custom that is generally based on vote counts similar to Saratoga’s
resolution. Cupertino has not followed its custom in the last two years. Los Altos has a written
policy the operates in a manner similar to Saratoga’s. Morgan Hill voters established a directly
elected Mayor system (having a 2 year term) and the Council has a policy for selection of Vice
Mayor that rotates through the City Council based on the length of time a person has been on the
Council with a preference to those who have not already served as Vice Mayor.
If the Council wishes to pursue changes to or a repeal of the current policy or adoption of a new
policy staff will return with a resolution implementing Council direction.
If the Council wishes to propose direct election of the Mayor, the next step would be to consider
whether the position would serve a two year or a four year term and whether the Council wishes
to place the matter before the voters at the November 2022 election to take effect in 2024 or
whether the matter should be considered at a special election before that time and take effect
with the November 2022 election. The City Clerk estimates that the cost of having a measure on
the ballot for a regular election would be roughly $53,000 and the cost of a special election
would be in the range of $130,000 to $200,000.
ATTACHMENTS
Attachment A – Resolution No. 10-002 Implementing a Policy for Rotation of Mayor and Vice
Mayor
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CITY OF SARATOGA
Memorandum
To: Mayor Zhao & Members of the Saratoga City Council
From: Debbie Bretschneider, CMC, City Clerk
Date: April 7, 2021
Subject: Written Communications on Mayoral Rotation Policy
The Written Communications from the public on the Mayoral Rotation Policy
were received after the April 7, 2021 Council agenda was published.
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From:James Lindsay
To:Debbie Bretschneider
Subject:FW: Agenda item April 7th: Rotation of Mayor
Date:Monday, April 5, 2021 4:27:28 PM
From: jill hunter
Sent: Friday, April 2, 2021 12:15 PM
To: Yan Zhao <yzhao@saratoga.ca.us>; Tina Walia <twalia@saratoga.ca.us>; Mary-Lynne Bernald
<mlbernald@saratoga.ca.us>; Rishi Kumar <rkumar@saratoga.ca.us>; kfitzsimmons@saratoga.ca.us;
James Lindsay <jlindsay@saratoga.ca.us>; r
Subject: Agenda item April 7th: Rotation of Mayor
CAUTION: This email originated from outside your organization. Exercise caution when
opening attachments or clicking links, especially from unknown senders.
To the City Council:
As you can see from your agenda item I voted "No" to the Rotation of Mayor policy in 2010. Here
were (and still are) my thoughts on the subject.
1. The mayor must have the time to perform his/her duties. If he/she works long hours, travels or is
running for another office , his/her time will be limited. The job requires an enormous amount of
effort especially in our city where the mayor must appear almost every day of the week whether at
other meetings or in person at events.. I remember, I was Mayor. I also remember getting phone
calls before 7 am.
2. The mayor sets the agenda, thus he/she must be willing to look at all issues, not just his/her
favorite issues. A person who is elected because of hotbed issues might garner many votes but
when the issue becomes moot, the person has no other ideas.
3. The Mayor must know how to run meetings. A Mayor who pushes his own agenda, doesn't let his
fellow Council members freely speak and runs a poor meeting sets the stage for an unpleasant year
for everyone in the city.
4.A person who is a good mayor, has the time to fulfill his/her duties, has a pleasant demeanor and
gets along with his fellow council members is much more important than the person who gets the
highest votes. In order to have a positive, upbeat city you need a person at the helm who is
exemplary in their behavior and runs the city in a fair equitable way and relies on staff to guide
their way. That's why each mayor should be selected because they are the best one to perform
the job not the one with the most votes. Many times the one with the most votes is the best for the
job but at other times they may not be. Your ability to vote for the best should remain open. Jill
Hunter.
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SARATOGA CITY COUNCIL
MEETING DATE:April 7, 2021
DEPARTMENT:City Manager’s Department
PREPARED BY:Debbie Bretschneider, CMC, City Clerk
SUBJECT:City Council Meeting Minutes
RECOMMENDED ACTION:
Approve the City Council minutes for the Regular City Council Meeting on March 17, 2021.
BACKGROUND:
Draft City Council minutes for each Council Meeting are taken to the City Council to be
reviewed for accuracy and approval. Following City Council approval, minutes are retained for
legislative history and posted on the City of Saratoga website. The draft minutes are attached to
this report for Council review and approval.
FOLLOW UP ACTION:
Minutes will be retained for legislative history and posted on the City of Saratoga website.
ATTACHMENTS:
Attachment A –Minutes for the Regular City Council Meeting on March 17, 2021
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Saratoga City Council Minutes ~ March 17, 2021 ~ Page 1 of 9
MINUTES
WEDNESDAY, MARCH 17, 2021
SARATOGA CITY COUNCIL REGULAR MEETING
At 5:00 p.m., the City Council held a Study Session on the Fiscal Year 2021/22 Capital
Improvement Plan (CIP) via teleconferencing through Zoom.
Council Member Fitzsimmons announced that she would be recusing herself from part of the
discussion due to a conflict of interest. The Saratoga Village to Quarry Park Walkway CIP
project is within 500 feet of 14675 Big Basin Way that is owned by a family trust. The City
Attorney advised her that if the discussion is segmented then she could rejoin the discussion on
other parts of the CIP budget.
City Attorney Richard Taylor responded that the Political Reform Act allows that for multi-part
decisions, such as the CIP, the Council can allow segmentation of different discussion topics.
John Cherbone, Public Works Director, and Emma Burkhalter, Associate Civil Engineer,
presented a staff report on the Pavement Management Program.
Dennis Jaw, Finance Manager, presented the staff report on the Fiscal Year 2021/22 Capital
Improvement Plan Overview.
Mayor Zhao invited public comment on the process.
No one requested to speak.
Council Member Fitzsimmons recused herself from the meeting.
James Lindsay, City Manager, spoke on the Saratoga Village to Quarry Park Walkway -Phase 1.
Mayor Zhao invited public comment on the Saratoga Village to Quarry Park Walkway -Phase 1.
Ann Waltonsmith, former Mayor and Council Member, expressed support for the project.
No one else requested to speak.
WALIA/BERNALD MOVED TO CONTINUE THE FISCAL YEAR 2021/22 STUDY
SESSION TO RESUME AFTER THE END OF REGULAR SESSION. MOTION PASSED
BY VERBAL ROLL CALL. AYES: ZHAO, WALIA, KUMAR, BERNALD. NOES: NONE.
ABSTAIN: NONE. ABSENT: NONE. RECUSED: FITZSIMMONS.
At 6:00 p.m., the City Council held a Joint Meeting with the Saratoga Chamber of Commerce via
teleconferencing through Zoom.
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Saratoga City Council Minutes ~ March 17, 2021 ~ Page 2 of 9
Mayor Zhao called the virtual Regular Session to order at 7:01 p.m. via teleconferencing through
Zoom.
Prior to Roll Call, the Mayor and City Clerk explained that the City Council meeting was conducted
pursuant to provisions of the Brown Act and a recent Executive Order issued by the Governor to
facilitate teleconferencing to reduce the risk of COVID-19 transmission at public meetings. Ordinarily
the Brown Act sets strict rules for teleconferencing. The Governor’s Executive Order has suspended
those rules. The Executive Order does require that public agencies continue to notice meetings in
advance and provide members of the public an opportunity to observe the meeting and offer public
comment. The City Council met all of the applicable notice requirements and the public is welcome to
participate in this meeting. Information on how the public can observe the meeting and provide public
comment was also shared. Additionally, the Mayor explained that votes would be taken through roll call.
ROLL CALL
PRESENT:Mayor Yan Zhao, Vice Mayor Tina Walia, Council Members Rishi
Kumar, Kookie Fitzsimmons, Mary-Lynne Bernald
(All Council Members appearing via teleconference)
ABSENT:None
ALSO PRESENT:James Lindsay, City Manager
Richard Taylor, City Attorney
Crystal Bothelio, Assistant City Manager
Debbie Bretschneider, City Clerk
Mary Fury, Administrative Services Director
Debbie Pedro, Community Development Director
John Cherbone, Public Works Director
Dennis Jaw, Finance Manager
Emma Burkhalter, Associate Civil Engineer
Mainini Cabute, Environmental Program Manager
(All staff members appearing via teleconference)
City Clerk Debbie Bretschneider confirmed all City Council members could hear the meeting
proceedings and no doubts were expressed regarding the identities of the individuals representing
themselves as City Council Members.
REPORT ON POSTING OF THE AGENDA
City Clerk Debbie Bretschneider reported that the agenda for this meeting was properly posted
on March 12, 2021.
ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS
Glenda Aune spoke about the House Family Vineyards.
Jeffrey Schwartz raised concerns about the Finance Committee and conflicts with the Brown
Act. He also spoke about the House Family Vineyards community meetings.
Council Member Bernald asked staff to respond to concerns raised about the Finance Committee
and Brown Act, specifically address how the Committee is organized.
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Saratoga City Council Minutes ~ March 17, 2021 ~ Page 3 of 9
City Manager James Lindsay responded that the Finance Committee is a committee as a whole
and all Council Members are welcome to join the meeting and participate in discussion.
However, only the 2 Council Members assigned to the Committee through the Council
Assignments process have voting privileges.
REPORT ON JOINT MEETING
Chuck Page, President of Chamber of Commerce, spoke about the Joint Meeting with Council.
REPORT ON STUDY SESSION
Mayor Zhao reported that the Study Session on the FY2021/22 Capital Improvement Plan will
continue after the Regular Session.
ANNOUNCEMENTS
Mayor Zhao shared information about COVID-19 updates, the Housing Element Update,
Hanami Evening Cherry Blossom viewing at Hakone Gardens, SED Talks, Emergency
Preparedness Kit Workshop, and Commission Recruitments.
CEREMONIAL ITEMS
Appointment of Planning Commissioners
Recommended Action:
Approve the resolution appointing 3 members to the Planning Commission and direct the City
Clerk to administer the Oath of Office.
RESOLUTION 21-011
FITZSIMMONS/ZHAO MOVED TO APPROVE THE RESOLUTION APPOINTING 3
MEMBERS TO THE PLANNING COMMISSION AND DIRECT THE CITY CLERK
TO ADMINISTER THE OATH OF OFFICE. MOTION PASSED BY VERBAL ROLL
CALL. AYES: ZHAO, WALIA, KUMAR, FITZSIMMONS, BERNALD. NOES: NONE.
ABSTAIN: NONE. ABSENT: NONE.
Commendations for Tina Walia and Kookie Fitzsimmons
Recommended Action:
Commend Tina Walia and Kookie Fitzsimmons for their service on the Saratoga Planning
Commission.
Mayor Zhao and the Council Members presented commendations to Tina Walia and Kookie
Fitzsimmons for their service on the Saratoga Planning Commission.
Proclamation Recognizing March 2021 as American Red Cross Month
Recommended Action:
Present a proclamation recognizing March 2021 as American Red Cross Month to a
representative of the American Red Cross, Silicon Valley Chapter.
Mayor Zhao and the Council Members presented a proclamation recognizing March 2021 as
American Red Cross Month to Ken Toren, CEO of American Red Cross, Silicon Valley Chapter.
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Saratoga City Council Minutes ~ March 17, 2021 ~ Page 4 of 9
Proclamation Declaring March 2021 as Youth Arts Month
Recommended Action:
Present the proclamation declaring March 2021 as Youth Arts Month.
Mayor Zhao and the Council Members declared March 2021 as Youth Arts Month.
SPECIAL PRESENTATIONS
SB1383 Informational Presentation
Recommended Action:
Accept the SB1383 Informational Presentation from the West Valley Solid Waste Management
Authority Executive Director regarding organics recycling.
Marva Sheehan, West Valley Solid Waste Management Authority Executive Director, provided
a presentation on SB 1383.
Mayor Zhao invited public comment on the item.
Chuck Page, former Mayor of Saratoga, spoke
No one else requested to speak.
KUMAR/FITZSIMMONS MOVED TO ACCEPT THE SB1383 INFORMATIONAL
PRESENTATION.MOTION PASSED BY VERBAL ROLL CALL. AYES: ZHAO, WALIA,
KUMAR, FITZSIMMONS, BERNALD. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.
1.CONSENT CALENDAR
1.1. City Council Meeting Minutes
Recommended Action:
Approve the City Council minutes for the Regular City Council Meeting on March 3, 2021.
FITZSIMMONS/WALIA MOVED TO APPROVE THE CITY COUNCIL MINUTES
FOR THE REGULAR CITY COUNCIL MEETING ON MARCH 3, 2021.MOTION
PASSED BY VERBAL ROLL CALL. AYES: ZHAO, WALIA, KUMAR,
FITZSIMMONS, BERNALD. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.
1.2. Review of Accounts Payable Check Registers
Recommended Action:
Review and accept check registers for the following accounts payable payment cycles:
03/02/21 Period 9; 03/09/21 Period 9:
FITZSIMMONS/WALIA MOVED TO ACCEPT CHECK REGISTERS FOR THE
FOLLOWING ACCOUNTS PAYABLE PAYMENT CYCLES: 03/02/21 PERIOD 9;
03/09/21 PERIOD 9.MOTION PASSED BY VERBAL ROLL CALL. AYES: ZHAO,
WALIA, KUMAR, FITZSIMMONS, BERNALD. NOES: NONE. ABSTAIN: NONE.
ABSENT: NONE.
16
Saratoga City Council Minutes ~ March 17, 2021 ~ Page 5 of 9
1.3. Electronic Claims Filing Policy
Recommended Action:
Adopt the attached resolution establishing the City’s Electronic Claims Filing Policy.
RESOLUTION 20-012
FITZSIMMONS/WALIA MOVED TO ADOPT THE RESOLUTION ESTABLISHING
THE CITY’S ELECTRONIC CLAIMS FILING POLICY.MOTION PASSED BY
VERBAL ROLL CALL. AYES: ZHAO, WALIA, KUMAR, FITZSIMMONS, BERNALD.
NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.
1.4. Resolution Denouncing Violence Against Asian American Community Members
Recommended Action:
Adopt resolution denouncing violence against Asian American community members.
Jeffrey Schwartz requested that this item be removed from the Consent Calendar for public
comment.
Mayor Zhao invited public comment on the item.
Jeffrey Schwartz spoke
Ted Oliverio spoke
No one else requested to speak.
All of the Council Members spoke in support of denouncing violence against Asian
American Community Members.
RESOLUTION 21-013
BERNALD/WALIA MOVED TO ADOPT THE RESOLUTION DENOUNCING
VIOLENCE AGAINST ASIAN AMERICAN COMMUNITY MEMBERS.MOTION
PASSED BY VERBAL ROLL CALL. AYES: ZHAO, WALIA, KUMAR,
FITZSIMMONS, BERNALD. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.
Mayor Zhao requested a break at 8:22 p.m. and resumed the meeting at 8:44 p.m.
2.PUBLIC HEARING
None
3.GENERAL BUSINESS
3.1. Saratoga Business Renewal/Beautification Proposal
Recommended Action:
Review the Saratoga Business Renewal/Beautification proposal and direct staff accordingly.
Debbie Pedro, Community Development Director, presented the staff report.
17
Saratoga City Council Minutes ~ March 17, 2021 ~ Page 6 of 9
Mayor Zhao invited public comment on the item.
Chuck Page, President of Chamber of Commerce, spoke
Ted Oliverio spoke
No one else requested to speak.
BERNALD/FITZSIMMONS MOVED TO ASK STAFF TO BRING TO A FUTURE
COUNCIL MEETING REALISTIC FUNDING OPTIONS OTHER THAN
COUNCIL DISCRETIONARY FUNDS FOR THE SARATOGA BUSINESS
RENEWAL/BEAUTIFICATION PROGRAM, BEFORE MOVING FORWARD
WITH EXPLORING THE DETAILS OF THE SARATOGA BUSINESS
RENEWAL/BEAUTIFICATION PROGRAM.
ZHAO/WALIA MOVED TO FUND THE SARATOGA BUSINESS
RENEWAL/BEAUTIFICATION PROGRAM WITH COUNCIL DISCRETIONARY
FUNDS AND TO CREATE AN ADHOC COMMITTEE OF MAYOR ZHAO AND
COUNCIL MEMBER FITZSIMMONS TO EXPLORE PROGRAM DETAILS
WITH STAFF, BUSINESSES, AND CHAMBER AND TO RETURN TO COUNCIL
WITH A DETAILED PROGRAM RECOMMENDATION. MOTION PASSED BY
VERBAL ROLL CALL. AYES: ZHAO, WALIA, KUMAR, FITZSIMMONS, BERNALD.
NOES: ABSTAIN: NONE. ABSENT: NONE.
3.2. City Council Term Limits
Recommended Action:
Staff recommends that the City Council:
1.Adopt the attached resolution supporting voluntary compliance with the 1992 City of
Saratoga Term Limits Advisory Measure; and
2.Review the attached draft ballot measure for the November 2022 election and provide
direction to staff.
Richard Taylor, City Attorney, presented the staff report.
Mayor Zhao invited public comment on the item.
No one requested to speak.
WALIA/BERNALD MOVED TO ADOPT THE RESOLUTION SUPPORTING
VOLUNTARY COMPLIANCE WITH THE 1992 CITY OF SARATOGA TERM
LIMITS ADVISORY MEASURE.
WALIA/BERNALD MOVED TO AMEND THE PREVIOUS MOTION AND TO
ADOPT A RESOLUTION ASKING CURRENT CITY COUNCIL TO
VOLUNTARILY COMPLY WITH A LIFETIME 2-TERM LIMIT.MOTION
FAILED BY VERBAL ROLL CALL. AYES: WALIA, BERNALD. NOES: ZHAO,
KUMAR, FITZSIMMONS. ABSTAIN: NONE. ABSENT: NONE.
Council Member Fitzsimmons requested that the Clerk note her comments in the minutes.
She stated that she voted against the motion for a resolution asking City Council to
18
Saratoga City Council Minutes ~ March 17, 2021 ~ Page 7 of 9
voluntarily comply with a lifetime 2-term limit, because it is a non-binding agreement and
that she plans to run for no more than 2 Council terms.
Mayor Zhao asked for Council direction to staff on the proposed Ballot Measure.
FITZSIMMONS/BERNALD MOVED TO APPROVE THE BALLOT MEASURE
INCLUDED AS ATTACHMENT A, EXCEPT IN SECTION 1 DELETE ITEMS B
AND D THAT REFER TO 1992 ADVISORY MEASURE.MOTION PASSED BY
VERBAL ROLL CALL. AYES: ZHAO, WALIA, KUMAR, FITZSIMMONS, BERNALD.
NOES: ABSTAIN: NONE. ABSENT: NONE.
FITZSIMMONS/ZHAO MOVED TO ACCEPT THE LANGUAGE OF THE
PROPOSED BALLOT QUESTION: “SHALL THE CITY OF SARATOGA ADOPT
AN ORDINANCE ESTABLISHING TERM LIMITS FOR MEMBERS OF THE
SARATOGA CITY COUNCIL, LIMITING INDIVIDUALS TO SERVING TWO
TERMS AND SPECIFYING THE DURATION OF VARIOUS TYPES OF PARTIAL
TERMS THAT ARE CONSIDERED A TERM FOR THE PURPOSES OF TERM
LIMITS?” MOTION PASSED BY VERBAL ROLL CALL. AYES: ZHAO, WALIA,
KUMAR, FITZSIMMONS, BERNALD. NOES: ABSTAIN: NONE. ABSENT: NONE.
FITZSIMMONS/WALIA MOVED TO DIRECT THE CITY CLERK TO BRING
BACK TO COUNCIL THE PROPOSED BALLOT MEASURE AND TO DECIDE
ON 1) PLACEMENT OF FULL TEXT IN PRINTED VOTER INFORMATION
MATERIALS, 2) FILING OF ARGUMENTS FOR OR AGAINST THE MEASURE,
AND 3) ALLOWING REBUTTAL ARGUMENTS TO BE FILED, WHEN CLERK
BRINGS BACK THE RESOLUTION CALLING FOR AN ELECTION IN 2022.
MOTION PASSED BY VERBAL ROLL CALL. AYES: ZHAO, WALIA, KUMAR,
FITZSIMMONS, BERNALD. NOES: ABSTAIN: NONE. ABSENT: NONE.
COUNCIL ASSIGNMENTS
Mayor Yan Zhao
Cities Association of Santa Clara County-Legislative Action Committee – the Committee
received a presentation on AB371 by Assembly Member Robert Riggas.
Cities Association of Santa Clara County – the members received a presentation on denouncing
violence against Asian Americans by District Attorney Jeff Rosen and Assembly Member Evan
Low.
Valley Transportation Authority (VTA) Policy Advisory Committee – the Committee approved
2016 Measure B funding budget principals and received an update on the Bikeways alignment.
West Valley Sanitation District – no action items to report.
Vice Mayor Tina Walia
Silicon Valley Clean Energy Authority Board of Directors – the Board approved a new solar
generation contract, received a clean audit report for FY2019/20, and approved a mid-year
budget correction.
Council Member Rishi Kumar
Nothing to report
19
Saratoga City Council Minutes ~ March 17, 2021 ~ Page 8 of 9
Council Member Kookie Fitzsimmons
Hakone Foundation Board – Hakone Hanami Cherry Blossom viewing tickets are available to be
purchased.
Council Member Mary-Lynne Bernald
Hakone Foundation Board & Executive Committee – there was a Koi Pond fundraising
committee meeting.
Saratoga Public Art Committee – the Committee received a report that 343 residents voted on
Paint the City selections and there was a discussion on Public Art Policy.
CITY COUNCIL ITEMS
Vice Mayor Walia, with support from Council Member Fitzsimmons, asked for a Council
agenda item to discuss recording Council meetings.
Council Member Bernald, with support from Mayor Zhao, asked for a Council agenda item to
consider changing the Public Art Committee advisory members to become voting members.
COUNCIL COMMUNICATIONS
Council Member Kumar spoke on attending a discussion by elected officials on housing and on
also discussing SB 9 and SB 10 with State legislators.
CITY MANAGER'S REPORT
None
Mayor Zhao requested a break at 10:47 p.m. and resumed the meeting at 10:55 p.m. for the
Council to discuss the FY2021/22 CIP budget.
Council Member Fitzsimmons recused herself from the meeting.
KUMAR/WALIA MOVED TO KEEP THE SARATOGA VILLAGE TO QUARRY PARK
WALKWAY IN THE CAPITAL IMPROVEMENT PROJECTS WITH CURRENT
FUNDING AND TO LOOK FOR GRANTS TO COMPLETE THIS PROJECT.MOTION
PASSED BY VERBAL ROLL CALL. AYES: ZHAO, WALIA, KUMAR. NOES: BERNALD.
ABSTAIN: NONE. ABSENT: NONE. RECUSED: FITZSIMMONS
BERNALD/WALIA MOVED TO RESUME THE STUDY SESSION ABOUT THE FISCAL
YEAR 2021/22 CAPITAL IMPROVEMENT PLAN ON MARCH 31, 2021.MOTION
PASSED BY VERBAL ROLL CALL. AYES: ZHAO, WALIA, KUMAR, BERNALD. NOES:
NONE. ABSTAIN: NONE. ABSENT: NONE. RECUSED: FITZSIMMONS
ADJOURNMENT
WALIA/BERNALD MOVED TO ADJOURN THE MEETING AT 11:16 P.M. MOTION
PASSED BY VERBAL ROLL CALL. AYES: ZHAO, WALIA, KUMAR, BERNALD. NOES:
NONE. ABSTAIN: NONE. ABSENT: NONE. RECUSED: FITZSIMMONS
20
Saratoga City Council Minutes ~ March 17, 2021 ~ Page 9 of 9
Minutes respectfully submitted:
Debbie Bretschneider, City Clerk
City of Saratoga
21
Rene Rivera, Accounting Technician
SUBJECT: Review of Accounts Payable Check Registers
RECOMMENDED ACTION:
Review and accept check registers for the following accounts payable payment cycles:
BACKGROUND:
The information listed below provides detail for City check runs. Checks issued for $20,000 or greater are listed separately as well as
any checks that were voided during the time period. Fund information, by check run, is also provided in this report.
REPORT SUMMARY:
Attached are Check Registers for:
Date Ending
3/23/2021 142921 142943 23 69,259.96 3/23/2021 3/16/2021 142920
Accounts Payable 3/31/2021 142944 142990 47 139,689.97 3/31/2021 3/23/2021 142943
*The March 2, 2021 check run was released on March 9, 2021 due to technical issues.
Accounts Payable checks issued for $20,000 or greater:
Date Check #Dept.Amount
3/23/2021 142921 4Leaf, Inc General Fund CDD Plan & Bldg Inspec 23,386.89
3/31/2021 142945 AECOM Technical Services General Fund CDD Retire Comm Expansion 28,658.55
3/31/2021 142978 SCI Consulting Group General Fund WVCWP WVCWP Service Study 32,813.44
Accounts Payable checks voided during this time period:
AP Date Check #Amount
9/30/2020 141928 Robert Lo Presto Check Lost 300.00
10/14/2020 142006 Lynx Technologies Check Lost 600.00
5/20/2020 141046 562.50
7/15/2020 141403 Naxin Wang Voided 125.00
9/2/2020 141714 Haley Schulhof Voided 162.00
9/10/2020 141747 AZ Chemicals Voided 401.97
ATTACHMENTS:
Check Registers in the 'A/P Checks By Period and Year' report format
Accounts Payable *
SARATOGA CITY COUNCIL
MEETING DATE:April 7, 2021
DEPARTMENT:Finance & Administrative Services
03/23/21 Period 9; 03/31/21 Period 9:
PREPARED BY:
Ending Check
#
Starting
Check #Type of Checks Date
Prior Check RegisterChecks
ReleasedTotal Checks Amount
Reissued 3/31/21
Reissued 3/31/21
Anthem Stale Dated-Never Cashed Voided
Stale Dated-Never Cashed
Stale Dated-Never Cashed
Stale Dated-Never Cashed
Fund Purpose
StatusReason Issued to
Issued to
22
23
24
25
26
27
28
29
SARATOGA CITY COUNCIL
MEETING DATE: April 7, 2021
DEPARTMENT: Finance & Administrative Services
PREPARED BY: Ann Xu, Accountant
SUBJECT: Treasurer’s Report for the Month Ended February 28, 2021
RECOMMENDED ACTION:
Review and accept the Treasurer’s Report for the month ended February 28, 2021.
BACKGROUND:
California government code section 41004 requires that the City Treasurer submit to the City Clerk and the
legislative body a written report and accounting of all receipts, disbursements, and fund balances. The
Municipal Code of the City of Saratoga, Article 2-20, Section 2-20.035 designates the City Manager as the
City Treasurer. This report is prepared to fulfill this requirement.
The following attachments provide various financial transaction data for the City of Saratoga’s Funds
collectively as well as specifically for the City’s General (Operating) Fund, including an attachment from
the State Treasurer’s Office of Quarterly LAIF rates from the 1st Quarter of 1977 to present.
FISCAL STATEMENT:
Cash and Investments Balance by Fund
As of February 28, 2021, the City had $409,340 in cash deposit at Comerica bank, and $26,962,878 on
deposit with LAIF. The City Council’s adopted policy on the Working Capital Reserve Fund states that
effective July 1, 2016: for cash flow purposes and to avoid occurrence of dry period financing, pooled cash
from all funds should not be allowed to fall below $1,000,000. The total pooled cash balance as of February
28, 2021 is $27,372,218 and exceeds the minimum limit required.
City’s Current Financial Position
In accordance with California government code section 53646 (b) (3), the City is financially well positioned
and able to meet its expenditure requirements for the next six months. As of February 28, 2020, the City’s
financial position (Assets $28.2M, Liabilities $3.5M and Fund Equity $24.7M) remains very strong and
there are no issues in meeting financial obligations now or in the foreseeable future.
Unrestricted Cash
Comerica Bank 409,340$
Deposit with LAIF 26,962,878$
Total Unrestricted Cash 27,372,218$
Cash Summary
30
The following Fund Balance schedule represents actual funding available for all funds at the end of the
monthly period. This amount differs from the above Cash Summary schedule as assets and liabilities are
components of the fund balance. As illustrated in the summary below, Total Unrestricted Cash is adjusted
by the addition of Total Assets less the amount of Total Liabilities to arrive at the Ending Fund Balance –
which represents the actual amount of funds available.
Fund Balance Designations
In accordance with Governmental Accounting Standards Board (GASB) Statement No. 54, Fund Balance
Reporting and Governmental Fund Type Definitions, the components of fund balance are categorized as
follows: “non-spendable fund balance”, resources that are inherently non-spendable from the vantage point
of the current period; “restricted fund balance”, resources that are subject to enforceable legal restrictions;
“committed fund balance”, resources whose use is constrained by limitations the government imposes upon
itself through formal action at its highest level of decision making and remains binding unless removed in
the same manner; “assigned fund balance”, resources that reflects a government’s intended use of
resources, such intent would have to be established at either the highest level of decision making, by a body,
or an official designated for that purpose; and “unassigned fund balance”, net resources in excess of what
can properly be classified in one of the other four categories. Currently, the City’s fund balance reserves
fall into one of the four spendable categories; restricted, committed, assigned, or unassigned fund balance.
ATTACHMENTS
A – Change in Total Fund Balances by Fund under GASB 54
B – Change in Total Fund Balances by CIP Project
C – Change in Cash Balance by Month
D – Local Agency Investment Fund (LAIF) Quarterly Apportionment Rates
Total Unrestricted Cash 27,372,218$
Plus: Assets 835,183
Less: Liabilities (3,534,917)
Ending Fund Balance 24,672,484$
Adjusting Cash to Ending Fund Balance
31
ATTACHMENT A
CHANGES IN TOTAL FUND BALANCE UNDER GASB 54
*Negative fund balance due to authorized spending of anticipated revenues
These figures will be updated for future reports once the FY 2017/18 pendent audit is completed.
Fund Description
Prior Year
Carryforward
7/1/2020
Increase/
(Decrease)
Jul-Jan
Current
Revenue
Current
Expenditure Transfer In Transfer Out
Fund Balance
2/28/2021
General Fund
Restricted Fund Balances:
Environmental Services Reserve 113,182 - - - - - 113,182
Committed Fund Balances:
Hillside Stability Reserve 1,000,000 - - - - - 1,000,000
Assigned Fund Balances:
Future Capital Replacement & Efficiency Project Reserve 2,488,878 - - - - - 2,488,878
Carryforwards Reserve 155,556 - - - - - 155,556
Facility Reserve 3,200,000 - - - - - 3,200,000
Unassigned Fund Balances:
Working Capital Reserve 1,000,000 - - - - - 1,000,000
Fiscal Stabilization Reserve 3,150,000 - - - - - 3,150,000
LLD Closeout Reserve 1,062,604 - - - - - 1,062,604
Compensated Absences Reserve 310,479 - - - - - 310,479
Other Unassigned Fund Balance Reserve (Pre YE distribution)1,953,908 1,579,972 859,032 1,544,185 - 2,485,500 363,227
General Fund Total 14,434,607 1,579,972 859,032 1,544,185 - 2,485,500 12,843,926
Special Revenue
Landscape/Lighting Districts 787,733 100,414 36 20,726 - - 867,458
Debt Service
Library Bond 788,245 (361,501) 999 - - - 427,743
Arrowhead Bond 294,269 6,426 - 53,332 356,840 - 604,202
Debt Service 1,082,514 (355,075) 999 53,332 356,840 - 1,031,945
Internal Service Fund
Liability/Risk Management 503,819 (187,021) - 8,471 - - 308,327
W orkers Compensation 252,012 (70,309) - 3,130 - - 178,573
Office Support Fund 135,793 (10,771) 689 5,074 - - 120,638
Information Technology Services 382,123 (47,103) 711 38,762 - - 296,969
Vehicle & Equipment Maintenance 300,675 35,709 - 47,565 - - 288,819
Building Maintenance 620,583 33,638 - 49,258 - - 604,963
Vehicle & Equipment Replacement 537,331 (64,826) - 519 - - 471,986
Technology Replacement 603,042 67,349 - - - - 670,392
Facility FFE Replacement 528,631 65,090 - 9,045 - - 584,676
Internal Service Fund Total 3,864,011 (178,244) 1,400 161,824 - - 3,525,343
Trust/Agency
WVCWP Agency Fund 573,847 329,619 - 320,429 - - 583,037
Arrowhead Project Fund 356,840 - - - - 356,840 -
Trust/Agency Fund Total 930,687 329,619 - 320,429 - 356,840 583,037
Capital Project
Street Projects 2,237,394 (345,675) 29,275 79,947 980,500 75,000 2,746,547
Park and Trail Projects 1,135,854 (730,451) - 14,114 795,000 - 1,186,289
Facility Projects 802,334 (153,468) 16,013 3,970 500,000 - 1,160,909
Administrative Projects 481,602 (69,374) 5,185 47,631 285,000 - 654,782
Tree Fund Projects 75,768 (8,635) 300 4,708 - - 62,725
Park In-Lieu Projects 205,590 (24,990) 117,804 - - - 298,404
CIP Grant Street Projects (251,717) 350,513 - - - - 98,795
CIP Grant Park & Trail Projects (21,234) (29,344) 50,249 - - - (329) *
CIP Grant Administrative Projects (118,978) (1,286) - - - - (120,264) *
Gas Tax Fund Projects 170,247 (493,005) 91,875 36,202 - - (267,084) *
CIP Fund Total 4,716,861 (1,505,716) 310,700 186,572 2,560,500 75,000 5,820,773
Total City 25,816,417 (29,031) 1,172,167 2,287,067 2,917,340 2,917,340 24,672,484
32
ATTACHMENT B
FUND BALANCES BY CIP PROJECT
CIP Funds/Projects
Prior Year
Carryforward
7/1/2020
Increase/
(Decrease)
Jul-Jan
Current
Revenue
Current
Expenditure Transfer In Transfer Out
Fund Balance
2/28/2021
Street Projects
Annual Road Improvements 251,063 419,285 29,275 5,316 - - 694,307
Roadway Safety & Traffic Calming 30,882 (41,495) - 1,426 75,000 - 62,961
Citywide Traffic Signal Battery Backup - - - - 150,000 - 150,000
Prospect/Saratoga Median Improvement 51,402 224,027 - - 40,000 - 315,429
Citywide Signal Upgrade Project Phase II 10,000 - - - - - 10,000
Fruitvale/Allendale Improvement 317,389 (191,516) - - - - 125,874
Village Clock - (6,014) - - 15,500 - 9,486
Annual Infrastructure Maintenance & Repairs - (117,486) - 50,411 250,000 - 82,103
McFarland Avenue Curb and Gutter Replacement 349,176 (299,562) - 9,925 - - 39,689
Village Sidewalk, Curb & Gutter - Phase II Construction 59,230 (27,417) - - - - 31,813
EL Camino Grande Storm Drain Pump 19,098 (10,597) - - - - 8,501
Saratoga Village Crosswalk & Sidewalk Rehabilitation 44,000 - - - - - 44,000
Quito Road Sidewalk Improvements 43,370 - - - - - 43,370
Saratoga/Sunnyvale Road Sidewalk 92,158 - - - - - 92,158
Saratoga Sunnyvale Rd. Pathway Rehab Cox to RRX - - - - 125,000 - 125,000
Fourth Street Bridge Widening 99,837 - - - - - 99,837
Quito Road Bridge Replacement 119,007 (23,349) - 8,932 50,000 - 136,726
Quito Road Bridge - ROW Acquisition 30,925 (24,762) - 0 - - 6,163
Annual Retaining Wall Maintenance & Repairs 121,113 (147,222) - 3,936 200,000 - 169,955
Mt. Eden Erosion Repair 175,000 - - - - 75,000 100,000
Continental Circle Landslide Stabilization 325,000 (825) - - 75,000 - 399,175
Underground Project 98,744 (98,744) - - - - -
Total Street Projects 2,237,394 (345,675) 29,275 79,947 980,500 75,000 2,746,547
Parks & Trails Projects
Park/Trail Repairs 15,787 (87,667) - - 125,000 - 53,120
Hakone Gardens Infrastructure Improvements 15,560 (4,309) - 2,497 - - 8,755
Hakone Pond Reconstruction - - - - 300,000 - 300,000
Kevin Moran Park Accessible Parking - (68,938) - 11,618 95,000 - 14,444
Guava/Fredericksburg Entrance 80,262 (10,397) - - 250,000 - 319,865
Saratoga Village to Quarry Park Walkway - Design 203,989 - - - 25,000 - 228,989
Saratoga to Sea Trail - Construction 820,256 (559,141) - - - - 261,116
Total Parks & Trails Projects 1,135,854 (730,451) - 14,114 795,000 - 1,186,289
Facility Projects
CDD/PW Lobby Remodel 143,764 (113,177) - - - - 30,587
Civic Theater Improvements 109,175 - - - - - 109,175
PEG Funded Project 360,384 21,957 16,013 - - - 398,354
Preschool Turf Conversion 5,750 - - - - - 5,750
Senior Center Entrance Remodel 42,881 (24,401) - - - - 18,479
Community Center Improvement 130,380 (28,516) - - - - 101,864
Community Center Generator and EV Charging Stations - (14,331) - 3,970 500,000 - 481,699
Library Building Exterior Maintenance 10,000 5,000 - - - - 15,000
Total Facility Projects 802,334 (153,468) 16,013 3,970 500,000 - 1,160,909
Administrative and Technology Projects
City Website/Intranet 16,948 - - - - - 16,948
Development Technology 98,354 (9,992) 5,185 - - - 93,547
LLD Initiation Match Program 25,000 - - - - - 25,000
Horseshoe Beautification 19,250 (1,350) - 225 - - 17,675
Citywide Accessibility Assessment 55,965 (6,741) - 3,898 - - 45,326
City Art Program 6,169 (2,500) - - 25,000 - 28,669
Safe Routes to School Needs Assessment - (1,354) - - 60,000 - 58,646
El Quito Neighborhood Improvements - (808) - 9,120 150,000 - 140,072
General Plan Update 171,024 (46,629) - - - - 124,395
Wildfire Mitigation Program - - - 24,968 50,000 - 25,032
Risk Management Project Funding 88,891 - - 9,420 - - 79,471
Total Administrative and Technology Projects 481,602 (69,374) 5,185 47,631 285,000 - 654,782
33
budgeted be updated for future reports once
ATTACHMENT B (Cont.)
FUND BALANCES BY CIP PROJECT
* Negative fund balance due to authorized spending of anticipated revenues
CIP Funds/Projects
Prior Year
Carryforward
7/1/2020
Increase/
(Decrease)
Jul-Jan
Current
Revenue
Current
Expenditure Transfer In Transfer Out
Fund Balance
2/28/2021
Tree Fund Projects
Citywide Tree Planting Program 51,643 (9,260) 300 4,708 - - 37,975
Tree Dedication Program 24,125 625 - - - - 24,750
Total Tree Fund Projects 75,768 (8,635) 300 4,708 - - 62,725
CIP Grant Street Projects
Prospect/Saratoga Median Improvement (41,000) 12,000 - - - - (29,000) *
Citywide Signal Upgrade II (188,725) 188,742 - - - - 18
Saratoga Ave Sidewalk 50,261 - - - - - 50,261
Village Sidewalk, Curb & Gutter - Phase II Construction 39,909 - - - - - 39,909
Big Basin Way Sidewalk Repairs (131,311) 140,861 - - - - 9,550
Saratoga Village Crosswalk & Sidewalk Rehabilitation 3,368 - - - - - 3,368
4th Street Bridge 2,855 1,771 - - - - 4,625
Quito Bridge Replacement 18,595 - - - - - 18,595
Quito Road Bridges - ROW Acquisition (5,670) 7,138 - - - - 1,468
Total CIP Grant Street Projects (251,717) 350,513 - - - - 98,795
CIP Grant Park & Trail Projects
Saratoga to the Sea Trail - Design (21,234) (29,344) 50,249 - - - (329) *
Total CIP Grant Park & Trail Projects (21,234) (29,344) 50,249 - - - (329)
CIP Grant Administrative Projects
CDD Software/ADA (118,978) (1,286) - - - - (120,264) *
Total CIP Grant Administrative Projects (118,978) (1,286) - - - - (120,264)
Park In-Lieu Projects
Hakone Gardens Infrastructure 114,505 (24,990) - - - - 89,515
Saratoga Village to Quarry Park Walkway - Design 73,811 - - - - - 73,811
Unallocated Park In-Lieu Funds 17,274 - 117,804 - - - 135,078
Total Park In-Lieu Projects 205,590 (24,990) 117,804 - - - 298,404
Gas Tax Fund Projects
Annual Roadway Improvements 46,179 (431,825) 91,875 36,202 - - (329,973) *
Prospect/Saratoga Median Improvements 48,278 - - - - - 48,278
Citywide Signal Upgrade II 64,728 (61,045) - - - - 3,683
Big Basin Way Sidewalk Repairs 3,977 (135) - - - - 3,842
Quito Road Bridges 7,085 - - - - - 7,085
Total Gas Tax Fund Projects 170,247 (493,005) 91,875 36,202 - - (267,084)
Total CIP Funds 4,716,861 (1,505,716) 310,700 186,572 2,560,500 75,000 5,820,773
34
ATTACHMENT C
CHANGE IN CASH BALANCE BY MONTH
35
ATTACHMENT D
March June September December
1977 5.68 5.78 5.84 6.45
1978 6.97 7.35 7.86 8.32
1979 8.81 9.10 9.26 10.06
1980 11.11 11.54 10.01 10.47
1981 11.23 11.68 12.40 11.91
1982 11.82 11.99 11.74 10.71
1983 9.87 9.64 10.04 10.18
1984 10.32 10.88 11.53 11.41
1985 10.32 9.98 9.54 9.43
1986 9.09 8.39 7.81 7.48
1987 7.24 7.21 7.54 7.97
1988 8.01 7.87 8.20 8.45
1989 8.76 9.13 8.87 8.68
1990 8.52 8.50 8.39 8.27
1991 7.97 7.38 7.00 6.52
1992 5.87 5.45 4.97 4.67
1993 4.64 4.51 4.44 4.36
1994 4.25 4.45 4.96 5.37
1995 5.76 5.98 5.89 5.76
1996 5.62 5.52 5.57 5.58
1997 5.56 5.63 5.68 5.71
1998 5.70 5.66 5.64 5.46
1999 5.19 5.08 5.21 5.49
2000 5.80 6.18 6.47 6.52
2001 6.16 5.32 4.47 3.52
2002 2.96 2.75 2.63 2.31
2003 1.98 1.77 1.63 1.56
2004 1.47 1.44 1.67 2.00
2005 2.38 2.85 3.18 3.63
2006 4.03 4.53 4.93 5.11
2007 5.17 5.23 5.24 4.96
2008 4.18 3.11 2.77 2.54
2009 1.91 1.51 0.90 0.60
2010 0.56 0.56 0.51 0.46
2011 0.51 0.48 0.38 0.38
2012 0.38 0.36 0.35 0.32
2013 0.28 0.24 0.26 0.26
2014 0.24 0.22 0.24 0.25
2015 0.26 0.28 0.32 0.37
2016 0.46 0.55 0.60 0.68
2017 0.78 0.92 1.07 1.20
2018 1.51 1.90 2.16 2.40
2019 2.55 2.57 2.45 2.29
2020 2.03 1.36 0.84 0.63
Quarterly Apportionment Rates
Local Agency Investment Fund
36
SARATOGA CITY COUNCIL
MEETING DATE:April 7, 2021
DEPARTMENT:Finance & Administrative Services
PREPARED BY:Gina Scott, Administrative Analyst
SUBJECT:Business License Renewal Extension Program Update
RECOMMENDED ACTION
Receive report and authorize staff to approve a second extension for an additional six months.
BACKGROUND
At the September 16, 2020 City Council meeting, Council directed staff to implement a business license
extension program, beginning October 2020 and ending in September 2021, which allowed businesses most
significantly impacted by the COVID-19 pandemic to request a deferral of their business license renewal
for six months.
Qualified businesses include:
A personal service business that was ordered to stop providing services for at least 8 weeks under
the Santa Clara County health order.
Maximum gross sales of the business do not exceed $1,000,000 per year.
Home-based businesses were excluded as they were able to continue operating under the shelter-in-place
orders. Contractors and landscapers were also excluded from the waiver program as they were able to work
through the shutdown under allowable conditions.
As of March 31, 2021, a total of 18 businesses have taken advantage of the deferral program.
DISCUSSION
With COVID-19 restrictions just beginning to ease up, the recovery for some of the businesses is still in
process. To provide further relief if needed, staff is requesting that a second six-month renewal extension
be permitted upon request. It is anticipated that the need for this program will diminish as the business
community recovers.
FISCAL IMPACTS
With the program’s limited usage, the fiscal impact of allowing a second six-month extension is minimal.
37
SARATOGA CITY COUNCIL
MEETING DATE:April 7, 2021
DEPARTMENT:Public Works
PREPARED BY:M. Leah Cabute, Environmental Programs Manager
SUBJECT:Functional Classification Change for Local Streets and Roads
RECOMMENDED ACTION:
Adopt the resolution approving the submittal of functional classification change for local streets
and roads to the State of California, Department of Transportation (Caltrans).
BACKGROUND:
During the process of developing the Saratoga Speed Survey, the City’s traffic engineer reviews
all city streets and examines local speed trends, existing speed limits, collision records, roadway
traffic and roadside conditions. As part of this review, the traffic engineer also reevaluates roadway
functional classifications under Caltrans standards and whether roadways are still appropriately
designated.
Attachment A contains an except from the Saratoga Circulation Element that shows the definitions of
the different roadway classifications and a map of the existing designations.The following are
definitions for a collector and a local street:
Collector-Streets that provide land access and traffic circulation within residential,
commercial and industrial areas. They connect local streets to arterials and are typically
designed with two travel lanes that may accommodate on-street parking.
Local-Streets that provide direct access to abutting residential properties as their primary
function. Local streets have no more than two travel lanes and may or may not
accommodate on-street parking. In many areas of Saratoga, local streets do not include
sidewalks.
Speed limits are normally set at the first five-mile per hour increment nearest the 85th percentile
speed at or below which 85 percent of the traffic is moving. Any further reduction of the speed
limit must be based on a speed survey. The default speed limit for a local street is 25 miles per hour
and local streets are not included in speed surveys.
38
In developing the Saratoga 2020 Speed Survey, the traffic engineer identified the following list of
collectorstreetsto change to local streetsfor the purposes of Caltrans’ functional classification. These
streets are highlighted in yellow on the map contained in Attachment A.
Collector Streets Change to Local Streets
Via Roncole from Prospect Rd to Ritanna Ct
Scully Ave from Prospect Rd to Larchmont Ave
Titus Ave from Prospect Rd to Brockton Ln
Brockton Ln from Titus Ave to Homes Dr
Homes Dr from Brockton Ln to Cox Ave
Brookglen Dr from Prospect Rd to end
Kosich Dr from Saratoga Ave to Saratoga Creek Dr
Dagmar Dr from Saratoga Ave to Myren Dr
Myren Dr from Dagmar Dr to Portos Dr
Portos Dr from Myren Dr to Allendale Ave
McCoy Ave from Quito Rd to Paseo Presada
Thelma Ave from Saratoga-Sunnyvale Rad to Beaumont Ave
Verde Vista Ln from Saratoga-Sunnyvale Rd to Sarahills Dr
Reid Ln from Saratoga-Sunnyvale Rd to Michaels Dr
4th St from Canyon View Dr to Big Basin Way
6th St from Big Basin Way to Bohlman Rd
Oak Street from 6th Street to Los Gatos-Saratoga Rd to
Montauk Dr from Fruitvale Ave to end
Douglass Ln from Fruitvale Ave to end
Valle Vista Dr from Fruitvale Ave to Monte Vista Dr
Monte Vista Dr from Valle Vista Dr to Via Colina
Via Colina from Monte Vista Dr to Los Gatos-Saratoga Rd
Glen Una Dr from Los Gatos-Saratoga Rd to Bellecourt
Park Dr from Los Gatos-Saratoga Rd to Hume Dr
Hume Dr from Park Dr to Glen Una Dr
Attachment B is a resolution based on a template provided by Caltrans for updating roadway
functional classifications. Therefore, staff recommends that the City Council approve the resolution
approving the submittal of functional classification change for local streets and roads to Caltrans.
ATTACHMENTS:
Attachment A- Saratoga Roadway Classifications
Attachment B –Resolution
39
City of Saratoga Circulation and Scenic Highway Element
Background Report/Goals, Policies, and Implementation Measures
Fehr & Peers Page 7
Pierce Road is a two-lane roadway linking
Congress Springs Road (SR 9) with
Saratoga-Sunnyvale Road. This roadway
traverses hilly terrain and provides access to
numerous local and collector streets in the
western hills. As part of the City’s
neighborhood traffic management efforts,
this street includes two speeds humps just
east of Saratoga-Sunnyvale Road.
Roadway Classifications
To better identify the character of a
roadway, all streets and highways are
classified depending upon the service they
provide. For example, some facilities are
designed to serve high traffic volumes
across the City, while others are designed to
serve low volumes and to distribute traffic
within a limited area. Prior to the 2000
General Plan, roadways were classified
based on the functional classification system
typically used by the Federal Highway
Administration (FHWA) and illustrated on
California Road Systems (CRS) Maps. The
functional classification system emphasizes
vehicle travel and focuses on the street
environment between the curbs. In the 2000
General Plan, City roadways were identified
based on the following classifications:
interstate freeway, other freeway or
expressway, major arterial, minor arterial,
and collector. All other streets are assumed
to be local streets.
In determining the appropriate classification
system for a given roadway, the City has
and will continue to recognize that
transportation corridors have multiple users
(i.e., drivers, bicyclists, pedestrians, and
transit users) and that adjacent land uses also
influence the functionality and character of
the street environment. A map of the City’s
adopted roadway classification system is
shown on Figure 2.
The City does not have an officially adopted
classification system. Although the current
General Plan map identifies some arterial
roadways and collector streets, no
distinction is made between types of arterial
roadways (principal/major vs. minor). For
discussion purposes, roadways have been
classified into seven categories: freeways,
expressways, major and minor arterials,
collectors, local streets, and hillside streets.
Portions of Prospect Road and Quito Road
that are located in adjacent jurisdictions may
be designated differently by those agencies.
General definitions of these classifications
and example segments are presented below.
• Freeways. Freeways are limited-
access, high-speed travelways
included in the State and Federal
Highway systems. Freeways are
facilities designed solely for traffic
movement, providing no access to
abutting properties, and designed to
separate all conflicting traffic
movements through the use of grade-
separated interchanges. The only
freeway in the City is State Route
(SR) 85.
• Expressways. Expressways are high-
speed, limited-access streets
designed to facilitate the movement
of high traffic volumes. Expressways
are designed to serve both regional
through and local traffic and ideally
connect other regional roadways and
freeways. Expressways are
maintained and operated by the
Santa Clara County Roads and
Airports Department. While the city
coordinates with the County
regarding expressway operations and
improvements, the County controls
access to and operation of traffic
40
City of Saratoga Circulation and Scenic Highway Element
Background Report/Goals, Policies, and Implementation Measures
Fehr & Peers Page 8
signals on each of these facilities.
The only expressway facility within
the city limits is a very short segment
of Lawrence Expressway north of
Saratoga Avenue.
• Major and Minor Arterials. Arterial
roadways are major streets that
primarily serve through traffic and
provide access to abutting properties
as a secondary function. Arterials are
generally designed with two to six
travel lanes and major intersections
are signalized. This roadway type is
divided into two categories: major
and minor arterials. Major arterials
are typically four- or more lane
roadways and serve both local and
through traffic. Minor arterials are
typically two- to four-lane streets
and serve local and commute traffic.
Examples of major arterials are
Saratoga Avenue east of SR 85,
Saratoga-Sunnyvale Road, Saratoga-
Los Gatos Road, and Quito Road
north of SR 85. Minor arterials
include Saratoga Avenue west of SR
85, Fruitvale Avenue, Cox Avenue
(Saratoga-Sunnyvale Road to
Saratoga Avenue), and Quito Road
south of SR 85.
• Collectors. Collectors are streets that
provide land access and traffic
circulation within residential,
commercial and industrial areas.
They connect local streets to arterials
and are typically designed with two
travel lanes that may accommodate
on-street parking. Collector streets
include Herriman Avenue, Pierce
Road, and Miller Avenue.
• Local Streets. Local or residential
streets provide direct access to
abutting residential properties as
their primary function. Local streets
have no more than two travel lanes
and may or may not accommodate
on-street parking. In many areas of
Saratoga, local streets do not include
sidewalks.
41
42
RESOLUTION NO. 21-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
ADOPTING THE SARATOGA APPROVING THE SUBMITTAL OF A FUNCTIONAL
CLASSIFICATION CHANGE FOR LOCAL STREETS AND ROADS TO STATE OF
CALIFORNIA, DEPARTMENT OF TRANSPORTATION
WHEREAS, incorporated cities are responsible for initiating requests for changes to the
functional classification of streets and roads under their jurisdiction; and
WHEREAS, the City of Saratoga receives State and Federal road improvement
maintenance funding based on street and road designation; and
WHEREAS, said Functional Classification Change include segments listed below and
have been reviewed and examined by the City Council of City of Saratoga; and
Via Roncole from Prospect Rd to Ritanna Ct
Scully Ave from Prospect Rd to Larchmont Ave
Titus Ave from Prospect Rd to Brockton Ln
Brockton Ln from Titus Ave to Homes Dr
Homes Dr from Brockton Ln to Cox Ave
Brookglen Dr from Prospect Rd to end
Kosich Dr from Saratoga Ave to Saratoga Creek Dr
Dagmar Dr from Saratoga Ave to Myren Dr
Myren Dr from Dagmar Dr to Portos Dr
Portos Dr from Myren Dr to Allendale Ave
McCoy Ave from Quito Rd to Paseo Presada
Thelma Ave from Saratoga-Sunnyvale Rad to Beaumont Ave
Verde Vista Ln from Saratoga-Sunnyvale Rd to Sarahills Dr
Reid Ln from Saratoga-Sunnyvale Rd to Michaels Dr
4th St from Canyon View Dr to Big Basin Way
6th St from Big Basin Way to Bohlman Rd
Oak Street from 6th Street to Los Gatos-Saratoga Rd to
Montauk Dr from Fruitvale Ave to end
Douglass Ln from Fruitvale Ave to end
Valle Vista Dr from Fruitvale Ave to Monte Vista Dr
Monte Vista Dr from Valle Vista Dr to Via Colina
Via Colina from Monte Vista Dr to Los Gatos-Saratoga Rd
Glen Una Dr from Los Gatos-Saratoga Rd to Bellecourt
Park Dr from Los Gatos-Saratoga Rd to Hume Dr
Hume Dr from Park Dr to Glen Una Dr
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Saratoga that it
does hereby approve the submittal of a Functional Classification Change for local streets and roads
to the State of California, Department of Transportation:
43
The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga
City Council held on the 7
th day of April 2021 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Yan Zhao, Mayor
ATTEST:
DATE:
Debbie Bretschneider, CMC, City
Clerk
1312525.1
44
SARATOGA CITY COUNCIL
MEETING DATE:April 7, 2021
DEPARTMENT:Public Works
PREPARED BY:M. Leah Cabute, Environmental Programs Manager
SUBJECT:AB 939 and Household Hazardous Waste Agreements with Santa Clara County
RECOMMENDED ACTION:
Authorize the City Manager to sign the Agreement for Countywide Assembly Bill 939
Implementation Fee and Santa Clara County Household Hazardous Waste Collection Program
Agreement with a $45,244 augmentation for Fiscal Year 2021/22.
BACKGROUND:
Enacted in 1989, the Integrated Waste Management Act (AB 939) requires local governments to
prepare, adopt, implement, and maintain plans to reduce waste disposal in landfills. The law
requires that integrated waste management plans include provisions for the proper disposal of
household hazardous waste. Household hazardous waste includes materials such as pesticides,
paints, pool cleaning chemicals, fluorescent lamps, and other materials that are prohibited from
being disposed of in landfills.
The law also allows jurisdictions to impose fees collected at landfills to pay for the costs
associated with preparing, adopting, and implementing integrated waste management plans.
Since 1992, the cities in Santa Clara County have contracted with the County to collect and
distribute the AB 939 fee -collected at landfills, non-disposal facilities.
In Santa Clara County, the AB 939 fee is set at $4.10 per ton of garbage disposed of at landfills
and transfer stations within the County. Of the $4.10 per ton of waste, $1.50 per ton is distributed
among the cities in Santa Clara County to implement AB 939 compliance activities. The City
receives roughly $20,000 to $30,000 in AB 939 fees each year. This revenue source is accounted
for in the Environmental Service program in the General Fund.
The remaining AB939 fee of $2.60 per ton is set aside to fund the countywide Household
Hazardous Waste (HHW) Collection Program. This amount is paid directly to Santa Clara
County and is intended to provide HHW collection services for a minimum of 4% of households
from each of the jurisdictions in the County. In Saratoga, there are a total of 11,301 households,
and 4% accounts for roughly 452 households. The County conservatively estimates that
45
approximately 831 Saratoga households will take advantage of the program in the next fiscal
year, based on historic usage of HHW services by Saratoga residents.
In the past, the City has paid between $27,824 and $50,000 to augment HHW services above the
4% baseline. This year the County’s HHW program anticipates that Saratoga will have
approximately 831 households participating. The total estimated cost of providing this service to
831 households is approximately $97,235. The City’s portion of AB939 HHW $2.60 per ton fee
is estimated at $51,990, which results in an estimated augmentation of $45,244. Paying this
augmentation will enable the City to provide HHW services to the number of households
projected to participate in the program next fiscal year. If actual usage of HHW services by
Saratoga residents is higher or less than expected, the City will be billed or refunded accordingly
after the close of the fiscal year. However, due to the conservative calculation of anticipated
participants, any revisions to the budget are unlikely to exceed the estimated augmentation
amount.
Although the HHW Agreement will be valid until June 30, 2024, participating cities must amend
the HHW agreement annually to authorize augmentation levels each fiscal year.
ATTACHMENTS:
Attachment A –Agreement for Countywide AB939 Implementation Fee
Attachment B – Agreement for Countywide Household Hazardous Waste Collection Program
46
Agreement for Countywide AB939
Implementation Fee FYs 2022 - 2024
Page 1 of 14
AGREEMENT FOR COUNTYWIDE
AB939 IMPLEMENTATION FEE
This Agreement is made by and among the Cities and Towns of Campbell, Cupertino,
Gilroy, Los Altos, Los Altos Hills, Los Gatos, Milpitas, Morgan Hill, Monte Sereno, Mountain
View, Palo Alto, San Jose, Santa Clara, Saratoga, and Sunnyvale (CITIES) and the County of
Santa Clara (COUNTY) on the _________ day of ____________ 2021. The term CITIES may
refer to CITIES collectively or individually.
RECITALS
WHEREAS, pursuant to Public Resources Code Section 41901, a city, county, or city
and county may impose fees in amounts sufficient to pay the costs of preparing, adopting, and
implementing a countywide integrated waste management plan;
WHEREAS, State law, Public Resource Code Section 41750, requires that the
countywide integrated waste management plans contain a household hazardous waste (“HHW”)
element for each city within the county as well as for the unincorporated area of the county;
WHEREAS, the County of Santa Clara Board of Supervisors (“Board”) has imposed a
Countywide AB939 Implementation Fee (“Fee”) since July 1, 1992 to pay for the costs of
preparing, adopting, and implementing integrated waste management plans and programs,
including HHW program elements;
WHEREAS, the Board has approved reimposing the Fee for Fiscal Years 2022, 2023,
and 2024 (July 1, 2021 through June 30, 2024) at $4.10 per ton of waste landfilled or incinerated
in the County; received at any nondisposal or collection facility located within the County and
subsequently transported for disposal or incineration outside of the County; collected from any
location within the County by a solid waste hauler operating pursuant to a franchise, contract,
license, or permit issued by any local jurisdiction and subsequently transported for disposal or
incineration outside of the County; and removed from any location in the County by any person
or business for disposal or incineration outside the County;
WHEREAS, HHW programs provide household hazardous waste management services
to residents of Santa Clara County and are necessary to meet HHW planning and management
requirements under State law;
WHEREAS, jurisdictions in Santa Clara County desire to provide safe, convenient, and
economical means for residents to properly dispose of household hazardous wastes in an
environmentally safe manner in order to avoid unauthorized or improper disposal in the garbage,
sanitary sewer, storm drain system, or on the ground or in any other manner which creates a
health or environmental hazard. These wastes include, but are not limited to, common household
products such as household cleaning products, spot remover, furniture polish, solvents, oven
cleaner, pesticides, oil based paints, motor oil, antifreeze, fluorescent lamps, and batteries; and
47
Agreement for Countywide AB939
Implementation Fee FYs 2022 - 2024
Page 2 of 14
WHEREAS, the County will collect the Fee on behalf of the fifteen cities and for the
unincorporated area of the County and will apportion the Fee according to the terms of this
Agreement.
NOW THEREFORE, CITIES and COUNTY AGREE AS FOLLOWS:
1. PURPOSE
The purpose of this Agreement is to state the terms and conditions under which the
COUNTY will collect and distribute the Fee of $4.10 per ton of waste to be disposed in Fiscal
Years 2022, 2023 and 2024. The Fee is divided into two parts: 1) a Program Fee of $1.50 per
ton to assist in funding the costs of preparing, adopting, and implementing the integrated waste
management plan in the fifteen cities and the unincorporated area of the County; and 2) a
Household Hazardous Waste Fee of $2.60 per ton to provide funding to implement the
Countywide HHW Program. The Program Fee will be allocated among the CITIES and
COUNTY as described in Exhibit B, attached hereto and incorporated herein. The HHW Fee
will be allocated to the COUNTY, CITIES, and Countywide HHW Program as described in
Exhibit C, attached hereto and incorporated herein. The Fee shall be imposed on each ton of
waste landfilled or incinerated within the County; received at any non-disposal or collection
facility located within the County and subsequently transported for disposal or incineration
outside of the County; collected from any location within the County by a solid waste hauler
operating pursuant to a franchise, contract, license, or permit issued by any local jurisdiction and
subsequently transported for disposal or incineration outside of the County; or removed from any
location in the County by any person or business for disposal or incineration outside the County.
Non-Disposal Facilities are defined as those facilities included in the County of Santa Clara Non-
Disposal Facility Element (and subsequent amendments to that Element) and are listed in Exhibit
A, attached hereto and incorporated herein.
2. SERVICES PROVIDED BY COUNTY
COUNTY will collect and distribute the Fee. COUNTY will collect the Fee from
landfills and non-disposal facilities listed in Exhibit A, and any landfill or non-disposal facility
subsequently permitted, on a quarterly basis using data from tonnage reports filed by landfill and
non-disposal facility operators with the County Recycling and Waste Reduction Division.
COUNTY shall require each landfill and non-disposal facility to submit required payment,
documentation of tonnages disposed, and state-mandated Disposal Reporting System Reports on
a quarterly basis, within 45 days of the end of each calendar quarter. Late submissions and/or
payments shall be subject to a late filing penalty and delinquent penalties. COUNTY will
research Santa Clara County tonnage reported to COUNTY by landfills outside the COUNTY in
significant amounts to determine the identity of the hauler. That hauler will subsequently be
billed in the same fashion subject to the same penalties as mentioned above. Collected funds and
any late filing payments and delinquency penalties shall be distributed to CITIES and
Countywide HHW Program based on the formula set forth in Exhibits B and C. COUNTY shall
not be obligated to distribute funds that COUNTY has been unable to collect from landfill or
non-disposal facility operators.
/ /
48
Agreement for Countywide AB939
Implementation Fee FYs 2022 - 2024
Page 3 of 14
3. ROLE OF CITIES
CITIES shall review the Disposal Reporting System Reports as prepared and submitted
by the COUNTY and within 30 days of receipt shall report to COUNTY, with appropriate
documentation, errors in waste allocations among jurisdictions.
4. COLLECTION AND USE OF FEE
Each ton of waste will be subject to the fee if it is landfilled or incinerated in the County;
received at any non-disposal facility or collection facility in the County and subsequently
transported for disposal or incineration outside the County; collected from any location within
the County by a solid waste hauler operating under franchise, contract, license, or permit issued
by a local jurisdiction and subsequently transported for disposal or incineration outside the
County; or removed from any location in the County by any person or business for disposal or
incineration outside the County. Best efforts will be made to prevent tonnage from being
assessed a double fee (for instance, once at a non-disposal facility and again at a landfill within
Santa Clara County). The Program Fee funding share paid to CITIES shall be used to assist in
funding the CITIES’ costs of preparing, adopting, and implementing the integrated waste
management plan of each of the CITIES and the unincorporated area of the COUNTY. The
HHW Fee portion shall be applied to fund the costs of CITIES’ share of Countywide Household
Hazardous Waste services; any HHW fees directly disbursed to CITIES as provided in this
Agreement shall be used to fund the costs of preparing, adopting, and implementing the
jurisdiction’s HHW element of the Countywide integrated waste management plan, including
providing HHW services to residents.
5. INSURANCE
Each party shall maintain its own insurance coverage, through third party insurance, self-
insurance or a combination thereof, against any claim, expense, cost, damage or liability arising
out of the performance of its responsibilities pursuant to this Agreement. CITIES agree to
provide evidence of such insurance to COUNTY via Certificate of Insurance or other
documentation acceptable to the COUNTY upon request.
6. INDEMNIFICATION
In lieu of and not withstanding the pro rata risk allocation which might otherwise be
imposed between CITIES and COUNTY pursuant to Government Code Section 895.6, the
parties agree that all losses or liabilities incurred by a party shall not be shared pro rata but
instead the parties agree that each of the parties hereto shall fully indemnify and hold each of the
other parties harmless from any claim, expense or cost, damage or liability arising out of, or in
connection with, performance of its responsibilities pursuant to this Agreement and as described
in Exhibit D.
Additionally, CITIES shall indemnify, hold harmless, and defend COUNTY, its officers,
agents, and employees with respect to any loss, damage, liability, cost or expenses, including
attorney fees and court costs, arising from any misuse of the Fee distributed to CITIES.
COUNTY shall indemnify, hold harmless, and defend CITIES, its officers, agents, and
49
Agreement for Countywide AB939
Implementation Fee FYs 2022 - 2024
Page 4 of 14
employees with respect to any loss, damage, liability, cost or expenses, including attorney fees
and court costs, brought by third parties based on COUNTY’s sole negligence in the collection
or distribution of said Fees.
7. DISTRIBUTION OF FEE
COUNTY shall distribute the AB939 Program Fee to CITIES and the HHW Program Fee
to the Countywide HHW Program pursuant to the formulas described in Exhibits B and C within
45 days of receipt of landfill and non-disposal facility payments and disposal documentation
required for calculation of Fee distribution amounts. Distributions shall begin December 15,
2021, and continue quarterly through October 15, 2024.
8. PARTICIPATION IN THE COUNTYWIDE HHW PROGRAM
CITIES, at their option, may individually participate in the Countywide HHW Program by
entering into the AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS
WASTE COLLECTION PROGRAM.
9. LATE PAYMENTS
If Fee payments and disposal documentation are not received from landfill or non-
disposal facility operators prior to scheduled distribution of payments to CITIES and the
Countywide HHW Program, payment distribution shall be calculated on a pro rata share of
monies received. Upon collection, late payments and accrued delinquent penalties, if any, shall
be distributed among CITIES and the Countywide HHW Program according to the formula in
Exhibits B and C.
10. ACCOUNTING
COUNTY shall maintain records of all transactions related to collection, use and
distribution of the Fee for at least five (5) years after the termination date of this Agreement,
unless otherwise required by law to retain such records for a longer period. Such records will be
available for inspection upon written request by CITIES, and will include but not be limited to
tonnage reports submitted by landfills and non-disposal facilities, waste stream documentation
provided by cities, payments made by the landfills and non-disposal facilities to the COUNTY
and by the COUNTY to CITIES, and expenditures for programmatic and overhead costs.
11. REQUEST FOR REVIEW
In the event CITIES have a dispute regarding the calculation of its share of the Fee or the
distribution or use of the Fee, CITIES may request in writing a review by COUNTY within 10
days of receipt of their Fee allocation. The review shall be performed within 30 days of request
and results shall be reported to CITIES in writing.
12. EFFECTIVE DATE OF AGREEMENT
This agreement is effective upon approval by all fifteen CITIES and the COUNTY.
50
Agreement for Countywide AB939
Implementation Fee FYs 2022 - 2024
Page 5 of 14
13.AMENDMENT
This Agreement may be amended only by an instrument signed by all fifteen CITIES and
the COUNTY.
14.INDEPENDENT CONTRACTOR
Each party shall perform responsibilities and activities described herein as an
independent contractor and not as an officer, agent, servant or employee of any of the parties
hereto. Each party shall be solely responsible for the acts and omissions of its officers, agents,
employees, contractors and subcontractors, if any. Nothing herein shall be considered as
creating a partnership or joint venture between the parties.
15.TERM OF AGREEMENT
The term of this Agreement shall be from July 1, 2021 to June 30, 2024, or until all funds
from the last quarter’s Fee payments have been distributed, whichever is later. COUNTY shall
bill the operators of the landfills and non-disposal facilities listed in Exhibit A for the Fee
commencing with the Quarter ending September 30, 2021. Said landfills and non-disposal
facilities will be billed for the Fee through June 30, 2024.
16.NOTICES
All notices required by this Agreement will be deemed given when in writing and
delivered personally or deposited in the United States mail, postage prepaid, return receipt
requested, addressed to the other party at the address set forth below or at such address as the
party may designate in writing in accordance with this section.
City of
Contact:
Title:
Address:
County of Santa Clara
Contact: Recycling and Waste Reduction Program Manager
Recycling and Waste Reduction Division
Address: 1555 Berger Drive, Suite 300
San Jose, CA 95112
17. CONTROLLING LAW
This Agreement shall be governed and construed in accordance with the laws of the
State of California.
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Saratoga
Debbie Bretschneider
City Clerk
13777 Fruitvale Ave., Saratoga, CA 95070
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18.ENTIRE AGREEMENT
This document embodies the entire Agreement between the parties with respect to the
subject matter hereof. No modification of this Agreement shall be effective unless and until
modification is evidenced by writing signed by all parties or their assigned designees.
19.COUNTERPARTS
This Agreement may be executed in one or more counterparts, each of which shall be
deemed to be an original, but all of which together shall constitute one and the same instrument.
20.CONTRACT EXECUTION
Unless otherwise prohibited by law or County policy, the parties agree that an electronic
copy of a signed contract, or an electronically signed contract, has the same force and legal effect
as a contract executed with an original ink signature. The term “electronic copy of a signed
contract” refers to a transmission by facsimile, electronic mail, or other electronic means of a
copy of an original signed contract in a portable document format. The term “electronically
signed contract” means a contract that is executed by applying an electronic signature using
technology approved by the County.
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IN WITNESS WHEREOF, the parties have executed this AGENCY AGREEMENT
FOR COUNTYWIDE AB939 IMPLEMENTATION FEE on the dates as stated below:
Date: COUNTY OF SANTA CLARA
MIKE WASSERMAN, President
Board of Supervisors
Date: “CITY”
CITY/TOWN OF
Title
A municipal corporation
Signed and certified that a copy of this
document has been delivered by electronic
or other means to the President, Board of
Supervisors
ATTEST:
MEGAN DOYLE
Clerk of the Board of Supervisors
APPROVED AS TO FORM AND LEGALITY:
STEPHANIE SAFDI
Deputy County Counsel
Saratoga
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EXHIBIT A
LANDFILLS LOCATED IN SANTA CLARA COUNTY
Guadalupe Rubbish Disposal Site
Kirby Canyon Sanitary Landfill
Newby Island Sanitary Landfill
Zanker Materials Processing Facility
Zanker Road Landfill
NON-DISPOSAL FACILTIES AND TRANSFER STATIONS LOCATED IN
SANTA CLARA COUNTY
California Waste Solutions Recycling & Transfer Station
City of Palo Alto Green Composting Facility
Environmental Resource Recovery, Inc. (Valley Recycling)
Green Earth Management LLC Kings Row Recycling Facility
Green Waste Materials Facility and Transfer Station
Green Waste Recovery Facility
GreenTeam of San Jose Material Recovery Facility and Transfer Station
Guadalupe Landfill
Lam Hauling Inc. Chipping and Grinding
Lam Hauling Inc. Inert Debris Type A
Leo Recycle
Material Recovery Systems Facility
Mission Trail Waste Systems, Inc.
Newby Island Compost Facility
Pacheco Pass Transfer Station
Pacific Coast Recycling, Inc.
Premier Recycle Facility
Recology Silicon Valley Processing and Transfer Facility
The Recyclery at Newby Island
San Martin Transfer Station
Smurfit-Stone Recycling San Jose Facility
South Valley Organics
Stanford Recycling Center and Direct Transfer Facility
Sunnyvale Materials Recovery and Transfer Station (SMaRT Station)
Valley Recycling San Jose CDI Processing/Transfer Facility
Wood Processing Facility at Recology Pacheco Pass
Z-Best Composting Facility
Zanker Materials Processing Facility
Zanker Road Class III Landfill
Zero Waste Energy Development Company Anaerobic Digestion Facility
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EXHIBIT B
FORMULA FOR DISTRIBUTION OF AB939 PROGRAM FEE
Each of the CITIES, and the COUNTY for its unincoporated area, will receive $1.50 per
ton of solid waste disposed of in landfills or taken to non-disposal facilities located in Santa
Clara County that originates from that jurisdiction, as documented in quarterly reports submitted
by the County to the State Disposal Reporting System.
Fees collected from undocumented disposed tonnage, or tonnage originating outside of
Santa Clara County, will be distributed according to each jurisdiction’s percent of countywide
population, according to the latest available population report issued by the California
Department of Finance.
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EXHIBIT C
COUNTYWIDE HOUSEHOLD HAZARDOUS
WASTE PROGRAM FEE (HHW Fee)
1. PROGRAM FUNDING SOURCE
HHW Program services are mandated by State law, Public Resources Code Section
41500 et seq. Public Resources Code Section 41901 authorizes imposition of a fee to support
planning and implementation of integrated waste management programs, including their HHW
elements. The HHW Fee, of $2.60 per ton, collected as part of the AB939 Implementation Fee,
will be the primary source of funding for Countywide Household Hazardous Waste Collection
Program (CoHHW Program) services.
Funds derived from the HHW Fee will be allocated among five types of CoHHW
Program service costs as follows:
A. Fixed Program Costs will be apportioned based on the number of households in each
participating jurisdiction. The number of households will be determined at the beginning
of each Fiscal Year by statistics compiled by the California Department of Finance,
Demographic Research Unit from their most recent Report, “Population Estimates for
California Cities and Counties.”
B. San Jose Facility Use Surcharge will be apportioned based on CITIES’ anticipated
participation at the County Household Hazardous Waste Collection Facility located at
1608 Las Plumas Avenue, San Jose.
C. Variable Cost Per Car is the cost associated with labor, waste disposal, transportation,
and other services provided to residents at the County HHW Collection Facilities and at
temporary HHW collection events. The Variable Cost Per Car is based on the estimated
cost of providing a base level service to 4% of households in all participating
jurisdictions. The number of households will be determined at the beginning of each
Fiscal Year by statistics compiled by the California Department of Finance, Demographic
Research Unit from their most recent Report, “Population Estimates for California Cities
and Counties.”
D. Available Discretionary Funding is allocated based on tonnage generated per
participating jurisdiction, and after allocation of Fixed Program Costs, San Jose Facility
Use Surcharge, and Variable Cost Per Car allocation.
E. Abandoned Waste Disposal Costs will fund disposal of HHW illegally abandoned at
Nonprofit Charitable Reuser organizations as defined in Public Resources Code Section
41904.
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2. FIXED PROGRAM COST
Funds shall be allocated on a per household basis for Fixed Program Costs at the
conclusion of each Fiscal Year. This portion of the funds shall be distributed directly to the
Countywide HHW Program to pay for HHW Program costs. Fixed Program Costs funding shall
be calculated shall not exceed $3.75 per household in Fiscal Years 2022, 2023, and 2024. Fixed
Program Costs may include, but are not limited to eleven (11) CoHHW Program staff members,
facility leasing costs, vehicle lease costs, office rent, office supplies, county administrative
overhead, county legal counsel, training costs, equipment and facility maintenance, and union
negotiated salary and benefit changes.
3. ABANDONED WASTE DISPOSAL COST
The Abandoned Waste Disposal Cost will fund disposal of HHW illegally abandoned at
Nonprofit Charitable Reuser organizations. The Abandoned Waste Disposal Cost is based on the
cost to the County to dispose of abandoned waste allocated among participating jurisdictions
based on their proportional share of the County population and shall not exceed $0.05 per
household. Projected Abandoned Waste Disposal Costs to the CITY based on a charge of $.05
per household are set forth in Attachment A, attached hereto and incorporated herein.
Any existing unexpended non-profit abandoned waste fund balance may be allocated toward
funding of disposal of HHW illegally abandoned at nonprofit charitable reuser organizations as
defined in Public Resources Code Section 41904.
For the purposes of this agreement, a nonprofit charitable reuse organization has the
definition provided in Public Resources Code Section 41904 as follows: “Nonprofit charitable
reuser” means a charitable organization, as defined in Section 501(c)(3) of the federal Internal
Revenue Code, or a distinct operating unit or division of the charitable organization, that reuses
and recycles donated goods or materials and receives more than 50 percent of its revenues from
the handling and sale of those donated goods or materials.
4. SAN JOSE FACILITY USE SURCHARGE
The total San José Facility Use Surcharge for CITY will be based on CITY residents’
proportional participation at the County Household Hazardous Waste Collection Facility located
at 1608 Las Plumas Avenue, San José. The San José Facility Use Surcharge will vary depending
on facility usage but will not exceed $8.29 per car for Fiscal Years 2022, 2023, and 2024. The
total San Jose Facility Use Surcharge for CITY will be based on CITY’s participation at the
County Household Hazardous Waste Collection Facility located at 1608 Las Plumas Avenue,
San Jose.
5. VARIABLE COST PER CAR
The Variable Cost Per Car is the cost associated with actual labor, waste disposal,
transportation and other services provided to the residents at the County HHW Collection
Facilities and Temporary Events. This portion of the funds shall be distributed directly to the
Countywide HHW Program. The Variable Cost Per Car is estimated to be $58.20 per car for
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Fiscal Years 2022, 2023, and 2024. The estimated cost per car will be adjusted annually to
reflect actual service costs. After fixed costs and San Jose Facility Use Surcharge are allocated
on a per household basis, the variable cost per car will be used to calculate the costs to service
4% of households across all participating jurisdictions. If the level of 4% of households is not
reached, the Countywide HHW Program will use the remaining balance of funds, in cooperation
with the CITIES, to increase public outreach and/or provide additional services in that
jurisdiction where the level of 4% is not reached the following year.
6. AVAILABLE DISCRETIONARY FUNDING
The Available Discretionary Funding portion will be allocated based on the tons of waste
generated within each jurisdiction and after allocation of Fixed Program Cost, San Jose Facility
Use Surcharge, and Variable Per Car Cost. Available Discretionary Funds must be used for
HHW purposes. Options for how to spend these funds include, but are not limited to, increasing
the number of residents served in the jurisdiction by the Countywide HHW Program, universal
waste collection, emergency HHW services, funding HHW public education, the support of
capital infrastructure projects to accommodate HHW drop-off and collection events, or providing
special programs such as retail collection of certain waste and/or door-to-door collection of
HHW for the elderly and/or persons with disabilities and neighborhood clean-up events. CITIES
authorize the COUNTY to determine appropriate uses of available discretionary funding and to
use CITIES’ Available Discretionary Funding portion of the AB939 HHW Fee to provide for
additional HHW services requested by the CITIES.
7. PROGRAM FUNDING PASS-THROUGH
Annual funding calculations include HHW Fees collected on behalf of all jurisdictions in
the County. CITIES, at their option, may participate in the Countywide HHW Program by
entering into the AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE
COLLECTION PROGRAM. If CITIES elect to participate in the Countywide HHW Program,
their pro-rata share of the HHW Fee shall be retained by the County to utilize for HHW Program
costs, as provided in this Agreement and the Agreement for Countywide Household Hazardous
Waste Collection Program. The COUNTY will distribute to CITIES not participating in the
Countywide Household Hazardous Waste Collection Program their pro-rata share of funding
received by the COUNTY from the HHW Fee, except that the COUNTY may retain and expend
that portion of the non-participating CITIES’ fee attributable to Abandoned Waste Disposal
Costs.
If CITIES not participating in the AGREEMENT FOR COUNTYWIDE HOUSEHOLD
HAZARDOUS WASTE COLLECTION PROGRAM desire to allow residents to participate in
HHW Program services on an emergency basis, then services to these residents will be provided
on a cost recovery basis. A charge equal to the established rates charged by the Countywide
HHW Program to Conditionally Exempt Small Quantity Generators will be billed to the CITIES.
A CITIES’ representative must call the Countywide HHW Program appointment line to schedule
an appointment for the resident. Liability shall be apportioned as provided in Exhibit D to this
Agreement.
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EXHIBIT D
SECTION 28 OF AGENCY AGREEMENT
FOR COUNTYWIDE HOUSEHOLD HAZARDOUS
WASTE COLLECTION PROGRAM
HOLD HARMLESS AND INDEMNIFICATION
In lieu of and not withstanding the pro rata risk allocation which might otherwise be
imposed between CITY and COUNTY pursuant to Government Code Section 895.6, the parties
agree that all losses or liabilities incurred by a party shall not be shared pro rata but instead
COUNTY and CITY agree that pursuant to Government Code Section 895.4, each of the parties
hereto shall fully indemnify and hold each of the other parties, their officers, board members,
employees and agents, harmless from any claim, expense or cost, damage or liability imposed for
injury (as defined by Government Code Section 810.8) occurring by reason of the negligent acts
or omissions or willful misconduct of the indemnifying party, its officers, employees or agents,
under or in connection with or arising out of any work, authority or jurisdiction delegated to such
party under this Agreement. No party, nor any officer, board member, employee or agent thereof
shall be responsible for any damage or liability occurring by reason of the negligent acts or
omissions or willful misconduct of the other parties hereto, their officers, board members,
employees or agents, under or in connection with or arising out of any work authority or
jurisdiction delegated to such other parties under this Agreement.
Additionally, CITY shall indemnify COUNTY for CITY’s apportioned share of any
liability incurred and attributed to the Countywide HHW Program for the transportation,
treatment, or disposal of the household hazardous waste, once the waste has been accepted by a
licensed hazardous waste hauler. Apportionment for disposal liability shall be determined by
each participating jurisdiction’s pro rata proportion of household participation in the Program.
Apportionment for transportation and treatment liability shall be determined by each
participating jurisdiction’s pro rata household participation at the event where the waste was
generated. COUNTY will use reasonable efforts to obtain recovery from all available resources,
including insurance, of any liable hauler or liable disposal facility operator. No liability shall be
apportioned to CITY for transportation, treatment or disposal in any case where COUNTY has
contracted for such services and has failed to require the contractor to maintain the insurance
requirements set forth in Section 23 of the AGREEMENT FOR COUNTYWIDE
HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM.
CITY shall further indemnify COUNTY for CITY’s apportioned share of liability
incurred and attributed to the Countywide HHW Program for the transportation, treatment or
disposal of household hazardous waste at corporate sponsored events where non-county resident
employees of the corporate sponsor are authorized to participate in the event. Liability for the
nonresident portion of the disposal of waste shall be shared by the cities and the county as
described above. The nonresident portion shall be determined by calculating the percentage of
nonresidents participating in the event. This percentage will then be subtracted from the total
liability for the household hazardous waste prior to assessing CITY’s apportioned share of any
liability for the household hazardous waste.
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COUNTY shall require Conditionally Exempt Small Quantity Generators (“CESQG”)
and Nonprofit Charitable Reusers to indemnify COUNTY for, at minimum, their apportioned
share of any liability incurred and attributed to the Countywide HHW Program for the
transportation, treatment, or disposal of their hazardous waste, once the waste has been accepted
by a licensed hazardous waste hauler. The CESQG and Nonprofit Charitable Reuser portion of
the waste shall be determined by calculating the percentage, by weight, of the total household
hazardous waste accepted by the CoHHW Program. This percentage will be used to calculate
the portion of liability attributed to CESQGs and Nonprofit Charitable Reusers and will be
subtracted from the total liability prior to assessing CITY’s apportioned share of any liability for
household hazardous waste.
2378874
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AGREEMENT FOR COUNTYWIDE
HOUSEHOLD HAZARDOUS WASTE
COLLECTION PROGRAM
This Agreement is made by and between the (CITY) and the
County of Santa Clara (COUNTY) on the day of 2021.
RECITALS
WHEREAS, the County Board of Supervisors has approved a Countywide Household
Hazardous Waste Collection Program whereby residents of the County and cities and towns
participating in the Countywide program will have an opportunity to safely dispose of household
hazardous wastes (HHW), regardless of the specific location at which the collection has been
scheduled; and
WHEREAS, CITY desires to provide residents with convenient opportunities to safely
dispose of their HHW in order to encourage the proper disposal of toxic products, and avoid
unauthorized or improper disposal in the garbage, sanitary sewer, storm drain system, or on the
ground, in a manner which creates a health or environmental hazard; and
WHEREAS, CITY desires to provide a safe, convenient, and economical means for
residents to dispose of HHW. These wastes include, but are not limited to, common household
products such as household cleaning products, furniture polish, solvents, oven cleaner,
pesticides, oil based paints, motor oil, antifreeze, car batteries, mercury thermostats, fluorescent
lamps, household batteries, and electronic waste; and
WHEREAS, CITY desires to schedule Household Hazardous Waste Collection Events
(Events) for residents for FY 2022 through FY 2024 (July 1, 2021 – June 30, 2024); and
WHEREAS, CITY desires to provide household hazardous waste collection services to a
minimum of 4% of the households per fiscal year in its jurisdiction; and
WHEREAS, CITY desires to participate in the Countywide Household Hazardous Waste
Collection Program to meet these objectives; and
WHEREAS, pursuant to Public Resources Code Section 41901, the County Board of
Supervisors has approved the collection of a $4.10 per ton Countywide AB939 Implementation
fee, including a $2.60 per ton Household Hazardous Waste Fee (AB939 HHW Fee), for FY 2022
through FY 2024 (July 1, 2021 – June 30, 2024) on all wastes landfilled or incinerated within the
County, received at any non-disposal or collection facility located within the County and
subsequently transported for disposal or incineration outside of the County, collected from any
location within the County by a solid waste hauler operating pursuant to a franchise, contract,
license, or permit issued by any local jurisdiction and subsequently transported for disposal or
incineration outside of the County, or removed from any location in the county by any person or
business for disposal or incineration outside the County; and
City of Saratoga
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WHEREAS, the AB939 HHW Fee is allocated to the Countywide Household Hazardous
Waste Program and participating jurisdictions to fund HHW program costs in accordance with
the terms of the Countywide AB939 Implementation Fee Agreement; and
WHEREAS, CITY desires for COUNTY to utilize CITY’s share of the AB939 HHW
Fee to provide HHW services for CITY residents.
NOW THEREFORE, CITY and COUNTY AGREE AS FOLLOWS:
1.PURPOSE
The purpose of this Agreement is to state the terms and conditions under which CITY
will participate in the Countywide Household Hazardous Waste Collection Program (CoHHW
Program) available to its residents. Participating jurisdictions are those jurisdictions that enter
into an AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE
COLLECTION PROGRAM with the County.
2.PROGRAM FUNDING SOURCE
HHW Program services are mandated by State law, Public Resources Code Section
41500 et seq. State law authorizes cities and counties to impose fees in amounts sufficient to
support planning and implementation of integrated waste management programs, including
HHW elements. The AB939 HHW Fee, of $2.60 per ton, imposed by the County as part of the
AB939 Implementation Fee and collected and distributed in accordance with the AGREEMENT
FOR COUNTYWIDE AB939 IMPLEMENTATION FEE will be the primary source of funding
for CoHHW Program services. CITY agrees that COUNTY may utilize CITY’s share of the
AB939 HHW fee to provide HHW Program services in accordance with the terms and conditions
of this Agreement.
Funds derived from the AB939 HHW Fee will be allocated among five types of CoHHW
Program service costs as follows:
A. Fixed Program Costs will be apportioned based on the number of households in
each participating jurisdiction. The number of households will be determined at
the beginning of each Fiscal Year by statistics compiled by the California
Department of Finance, Demographic Research Unit from their most recent
Report, “Population Estimates for California Cities and Counties.”
B. San José Facility Use Surcharge will be apportioned based on CITY residents’
participation at the County Household Hazardous Waste Collection Facility
located at 1608 Las Plumas Avenue, San José, CA 95133.
C. Variable Cost Per Car is the cost associated with labor, waste disposal,
transportation, and other services provided to residents at the County HHW
Collection Facilities and at temporary HHW collection events. The Variable Cost
Per Car is based on the estimated cost of providing a base level service to 4% of
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households in all participating jurisdictions. The number of households will be
determined at the beginning of each Fiscal Year by statistics compiled by the
California Department of Finance, Demographic Research Unit from their most
recent Report, “Population Estimates for California Cities and Counties.”
D. Available Discretionary Funding is allocated based on tonnage generated per
participating jurisdiction, and after allocation of Fixed Program Costs, San Jose
Facility Use Surcharge, and Variable Cost Per Car allocation.
E. Abandoned Waste Disposal Costs will fund disposal of HHW illegally abandoned
at Nonprofit Charitable Reuser organizations as defined in Public Resources Code
Section 41904.
The projected AB939 HHW Fee Allocation by jurisdiction is set out in Attachment A,
attached hereto and incorporated herein.
3.FIXED PROGRAM COST
Estimated HHW Fixed Program Costs are projected in Attachment B, attached hereto and
incorporated herein. Fixed Program Costs are allocated to CITY at the conclusion of each fiscal
year based on CITY’s proportional share of the County population and will not exceed $3.75 per
household for Fiscal Years 2022, 2023, and 2024. Fixed Program Costs may include, but are not
limited to, up to eleven (11) County HHW Program staff members, facility lease costs, vehicle
lease costs, office rent, office supplies, county administrative overhead, county legal counsel,
training costs, equipment and facility maintenance and union negotiated salary and benefit
changes.
4. ABANDONED WASTE DISPOSAL COST
The Abandoned Waste Disposal Cost will fund disposal of HHW illegally abandoned at
Nonprofit Charitable Reuser organizations. The Abandoned Waste Disposal Cost is based on the
cost to the County to dispose of abandoned waste allocated among participating jurisdictions
based on their proportional share of the County population and shall not exceed $0.05 per
household. Projected Abandoned Waste Disposal Costs to the CITY based on a charge of $.05
per household are set forth in Attachment A, attached hereto and incorporated herein.
For the purposes of this Agreement, “Nonprofit Charitable Reuser Organization” is
defined in accordance with Public Resources Code Section 41904 as follows: a charitable
organization, as defined in Section 501(c)(3) of the federal Internal Revenue Code, or a distinct
operating unit or division of the charitable organization, that reuses and recycles donated goods
or materials and receives more than 50 percent of its revenues from the handling and sale of
those donated goods or materials.
5.SAN JOSÉ FACILITY USE SURCHARGE
The total San José Facility Use Surcharge for CITY will be based on CITY residents’
proportional participation at the County Household Hazardous Waste Collection Facility located
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at 1608 Las Plumas Avenue, San José. Estimated San José Facility Use Surcharges are projected
in Attachment A, attached hereto and incorporated herein. The San José Facility Use Surcharge
will vary depending on facility usage but will not exceed $8.29 per car for Fiscal Years 2022,
2023, and 2024.
6.VARIABLE COST PER CAR
The Variable Cost Per Car is the cost associated with actual labor, waste disposal,
transportation and other services provided to the residents at the County Household Hazardous
Waste Collection Facilities (CoHHWCF) and at Temporary Events. The Variable Cost Per Car is
estimated to be approximately $58.20 per participating resident car for Fiscal Years 2022, 2023
and 2024. The estimated cost per car will be adjusted to reflect actual service costs. After Fixed
Program Costs and San José Facility Use Surcharge are allocated on a per household basis, the
Variable Cost Per Car will be used to calculate the costs to service 4% of households across all
participating jurisdictions. If the level of 4% of households is not reached in the CITY, the
CoHHW Program may use the remaining balance of funds, in cooperation with the CITY, to
increase public outreach and/or provide additional services in that jurisdiction the following year.
7.AVAILABLE DISCRETIONARY FUNDING
The Available Discretionary Funding portion of the AB939 HHW Fee will be allocated
based on the tons of waste generated within each jurisdiction, and after allocation of Fixed
Program Costs, San José Facility Use Surcharge, and Variable Cost Per Car allocation.
Available Discretionary Funds must be used for HHW purposes. Options for how to spend these
funds include, but are not limited to, increasing the number of residents served in that
jurisdiction by the CoHHW Program, subsidizing curbside used motor oil collection, electronic
waste (e-waste) collection, universal waste collection, emergency HHW services, funding HHW
public education, the support of capital infrastructure projects to accommodate HHW drop-off
and collection events, or providing special programs such as retail collection of certain waste
and/or door-to-door collection of HHW for the elderly and/or persons with disabilities and
neighborhood clean-up events. COUNTY has discretion to determine appropriate uses of
Available Discretionary Funding in accordance with the terms and conditions in this Agreement,
and to apply the funding toward those uses.
8.ADMINISTRATION AND PAYMENT OF THE AB939 HHW FEE
The County of Santa Clara Recycling and Waste Reduction Division will administer the
AB939 HHW Fee, as part of the existing online disposal reporting and payment system.
Administration and payment will be made in accordance with the AGREEMENT FOR
COUNTYWIDE AB939 IMPLEMENTATION FEE and this Agreement. Notwithstanding the
foregoing, the COUNTY shall maintain records of the amount, use, and distribution of Fixed
Program Cost expenditures for at least five (5) years after the termination date of this Agreement,
unless otherwise required by law to retain such records for a longer period. CITY may request in
writing a review by COUNTY of the Fixed Program Cost records. The review shall be
performed within 30 days of request and results shall be reported to participating cities in
writing.
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9.PROGRAM PUBLICITY
The CoHHW Program shall produce and make available to the public an HHW brochure
for distribution. The brochure will be made available at various events, including but not limited
to, environmental events and community fairs. The brochure may also be distributed, upon
request, to cities within the County and to County residents and businesses. The CITY shall be
responsible for developing and coordinating citywide awareness of the HHW Program. The
CoHHW Program shall be responsible for Countywide public education for used oil recycling.
CoHHW Program public awareness responsibilities shall include, but not be limited to, the
following activities:
Serving as the formal contact to the local media such as local newspapers and
television news stations;
Providing participating jurisdictions with educational materials developed for the
CoHHW Program;
Promoting oil and oil filter recycling by developing, purchasing, and distributing
educational materials, media relations materials, basic art work and camera ready
advertising materials for distribution countywide and for use by jurisdictions;
Representing the program through educational presentations at schools and
businesses and attendance at community events such as local fairs and festivals; and
Providing participating jurisdictions opportunities to review and comment on the
development of countywide outreach materials.
CITY’s public awareness responsibilities, at the sole discretion of the CITY, shall
include, but not be limited to, the following activities:
Providing a copy of HHW promotional materials to the CoHHW Program for
review for accuracy and completeness, prior to publication;
Developing and distributing HHW promotion communications to residents for local
and CITY newsletters, newspapers and to the electronic media;
Providing the CoHHW Program with a copy of HHW promotion materials
produced by the CITY; and,
Conducting and supporting outreach and publicity to attain the goal of 4% of
households in the CITY participating in the CoHHW Program.
10.TEMPORARY HHW EVENTS
COUNTY shall conduct Temporary HHW Events at various sites located in Santa Clara
County. COUNTY shall obtain all necessary permits and licenses required for the Temporary
HHW Events and shall provide or contract for the services of properly trained, qualified
personnel and hazardous waste haulers, and shall provide or secure suitable equipment and
supplies to properly receive, package, label, haul, recycle and dispose of the household
hazardous wastes collected at the Temporary HHW Events.
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11.HOUSEHOLD HAZARDOUS WASTE COLLECTION FACILITIES
COUNTY shall conduct collection operations at two County Household Hazardous
Waste Collection Facilities (CoHHWCF).
The CoHHWCF are located at:
San Martin, 13055 Murphy Avenue, San Martin, CA 95046
San José, 1608 Las Plumas, San José, CA 95133
The COUNTY shall obtain all necessary permits and licenses required for the
CoHHWCF and shall provide or contract for services, equipment, and supplies to properly
receive, package, label, haul, recycle and dispose of wastes collected.
12.SMALL BUSINESS RECYCLING AND DISPOSAL PROGRAM
COUNTY will provide services to accept hazardous waste from Conditionally Exempt
Small Quantity Generators (CESQG) in accordance with California Health and Safety Code
Section 25218.3, as amended from time to time. Eligible businesses within the County will be
allowed to bring their hazardous waste to CoHHWCF. These services to businesses located
within the CITY will be provided on a cost recovery basis, which will include program
administration, on-site collection, transportation, and disposal costs. COUNTY will assume
responsibility for fee collection from participating businesses. The CITY may choose to pay for
services for CESQG’s within the City of San José and will notify the COUNTY in writing with
30-day advance notice in order to exercise this option. If the CITY exercises this option, the
COUNTY will invoice the CITY for all costs associated with CSQG’s within the CITY. If CITY
has available Discretionary Funding, COUNTY may use this funding to pay for CESQG costs.
For purposes of this Agreement, CESQG has the meaning provided by Health and Safety Code
Section 25218.1.
13.ABANDONED HOUSEHOLD HAZARDOUS WASTE
The CoHHW Program will allow for the disposal of abandoned HHW by government
agencies and qualified nonprofit charitable reusers. Abandoned HHW means HHW left at a
property by an unknown party. Abandoned household hazardous waste does not include waste
generated by a known organization or agency in the course of normal business operations such
as, but not limited to, the assembly or manufacture of products from new or used materials or the
provision of charitable services such as classroom education, meal preparation, and shelter, or
the provision of services for a fee.
A)GOVERNMENT AGENCIES
Government agencies shall be charged for disposal of abandoned HHW according
to the CoHHW Program’s published rates for CESQGs.
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B)NONPROFIT CHARITABLE REUSER
In order to qualify as a Nonprofit Charitable Reuser, the business must submit to
the County Executive a request to be so designated. The County Executive shall
review the request and supporting documentation and shall make a final decision
on the designation. COUNTY will accept abandoned HHW from Nonprofit
Charitable Reusers and will waive disposal fees on the cost of disposal of the
abandoned HHW in an annual amount not to exceed funds available from the
existing unexpended abandoned waste fund. Funding for disposal available to
Nonprofit Charitable Reuser shall be on a first come first serve basis. Once the
cost for disposal of the abandoned HHW from Nonprofit Charitable Reusers is
equal to the available funds, disposal fees shall no longer be waived, and
Nonprofit Charitable Reusers shall be charged for disposal of abandoned HHW
according to the CoHHW Program’s published rates for CESQGs. No additional
costs shall be applied to the budget of the CITY or any other participating
jurisdiction.
14.HOUSEHOLD HAZARDOUS WASTES ACCEPTED
HHW accepted by the CoHHW Program shall be limited to those materials that qualify as
Hazardous Waste under Health and Safety Code Section 25218.1, as amended from time to time.
These materials include, but are not limited to, automotive fluids, automotive and other types of
batteries, latex and oil paint, oil filters, garden chemicals, household cleaners, pool chemicals,
mercury thermostats, fluorescent lamps containing mercury, household batteries, e-waste and other
common hazardous consumer products.
15.WASTES NOT ACCEPTED
Certain hazardous wastes shall not be accepted for collection and disposal. These
include, but are not limited to, compressed gas cylinders larger than 5 gallons, radioactive
materials, and explosives. Other wastes not accepted by the CoHHW Program are wastes
generated as part of operating a business, including a home operated business, except that waste
from CESQGs as provided for in Section 12 of this Agreement shall be accepted.
16.ADDITIONAL SERVICES UNDER THIS AGREEMENT
CITY must augment funding provided under this Agreement to cover the cost of a
minimum participation level of 4% of CITY households; CITY may also elect to augment
funding to provide additional services to increase CITY participation beyond the 4% minimum
participation level. Additional services shall be made available upon written agreement between
the CITY’s authorized representative and the County Executive Officer or designee. Additional
services may include, but are not limited to, additional appointments (charged at the Variable
Cost Per Car rate), door-to-door HHW collection, used oil filter collection, universal waste
collection, electronic waste collection, and abandoned waste collection.
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CITY agrees to augment up to an additional $_________ to the Countywide HHW
Program during Fiscal Year 2022 for the purpose of attaining or increasing CITY household
participation above the 4% minimum participation level at the scheduled collection dates listed
in Attachment C, attached hereto and incorporated herein. Augmentation will be calculated,
where applicable, at the Variable Cost Per Car rate. Other services will be charged based on a
cost recovery basis. CITY authorizes the COUNTY to use CITY’S Available Discretionary
Funding portion of the AB939 HHW Fee, if available, to offset the above agreed additional
augmentation amount.
At the end of each fiscal year, a final annual cost statement shall be prepared by
COUNTY and issued to CITY by November 30th. The annual cost statement will take into
consideration costs incurred on behalf of CITY for additional services and all payments made by
CITY to COUNTY. If any balance is owed to COUNTY, it will be due within 30 days following
receipt of the annual cost statement. If any credit is owed to CITY, COUNTY will refund that
amount to CITY within 30 days following delivery of the annual cost statement.
17.INFORMATION AND APPOINTMENT LINE
COUNTY will operate a telephone information and appointment desk Monday through
Friday, from the hours of 9:00 a.m. to 5:00 p.m. The information service will register residents
for the Temporary HHW Events and the collections at CoHHWCF. The information service will
provide information about hazardous household materials. CITY will be notified immediately if
resident participation approaches a level of service that may not be supported by available
funding.
18.SCHEDULING AND SITE SELECTION
COUNTY shall work with CITY to determine the date(s) of Temporary Events and
collections at the CoHHWCF. CITY shall coordinate with COUNTY in locating and securing
sites for Temporary HHW Events. It is recognized that some of the jurisdictions participating in
the CoHHW Program may not have appropriate sites available. A proposed HHW schedule for
Fiscal Year 2022 of Temporary Events and collections at CoHHWCF is included as Attachment
C. COUNTY will schedule an adequate number of collection days to serve the 4% level of
service. The COUNTY determines the adequate number of collection days by tracking
attendance at each event.
19.OUTSIDE FUNDING
During the term of this Agreement, COUNTY may seek outside funding sources for
services that would supplement existing HHW services such as permanent collection sites,
equipment, retail take-back collection and operational funding. If outside funding is obtained,
the CoHHW Program will, at COUNTY’s discretion, proceed with development of additional
programs using that outside funding without drawing on CITY’s funding provided under this
Agreement.
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$45,244
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Hazardous Waste Collection Program Page 9 of 26
20.REGIONAL GRANT AND OIL PAYMENT PROGRAM PARTICIPATION
The CITY authorizes the CoHHW Program to apply for lead agency grants, including but
not limited to Used Oil Payment Program grants, from the California Department of Resources
Recycling and Recovery (CalRecycle), on behalf of participating jurisdictions. The CoHHW
Program will act on behalf of all participating jurisdictions, as the lead applicant and
administrator. The CoHHW Program will oversee how the moneys are used and work in
cooperation with CITY as to how the funds will be spent. Nothing in this section shall preclude
the COUNTY or a participating jurisdiction from applying for grant funds in any case where the
CoHHW Program does not apply for the grant opportunity.
21.EMERGENCY SERVICES
Participating jurisdictions, at their option, may desire to provide residents with
convenient emergency opportunities to safely dispose of their HHW in the event of a disaster.
The purpose of this emergency planning for HHW is to minimize potential public health and
safety impacts, as well as to minimize costs and confusion. Attachment D sets out CITY and
COUNTY responsibilities for the collection of household hazardous wastes in response to an
emergency. CITY shall make good faith efforts to provide the public with information related to
the problems associated with HHW. Upon the decision to hold an emergency collection event, it
is CITY’s responsibility to make a good faith effort to prepare and disseminate the necessary
outreach to notify the public of an emergency collection event. An emergency collection event
shall be initiated by a written request from CITY to COUNTY. Emergency collection events can
be scheduled in as little as ten (10) working days of CITY’s written request or at an agreed upon
date thereafter. The emergency collection plan is set out in Attachment D, Household Hazardous
Waste Emergency Collection Plan.
COUNTY agrees to conduct the Emergency Collection Event at a mutually agreeable site
and time. The COUNTY will obtain the necessary permit from the State Department of Toxic
Substances Control and will handle wastes in accordance with State law. COUNTY will bill
CITY for all Emergency Collection Events on a cost recovery basis and all payments shall be
due COUNTY within thirty days following the receipt of the invoice.
22.PRIVATE SPONSORED EVENTS
COUNTY may also secure funding from corporations or agencies to conduct HHW
Collection Events for corporate employees and residents of participating jurisdictions and to pay
for special programs such as Universal Waste collection at retail locations. The transportation,
treatment and disposal liability for nonresident employee participation in these events shall be
shared by all participating jurisdictions, including the CITY, and the COUNTY, as described in
Section 26 of this Agreement. Summary information concerning these corporate sponsored
events, if any, will be included in the CoHHW Program’s annual report to the participating
jurisdictions.
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23.INSURANCE REQUIREMENTS
Contractors who provide hazardous waste transportation, treatment, or disposal services
shall have the required insurance as outlined in Attachment E, Exhibit B-2D (revised) Insurance
Requirements for Environmental Services Contract. Other contractors shall have insurance in
amounts to be determined by COUNTY Insurance Manager, after consultation with CITY.
COUNTY shall obtain insurance certificates from each of the contractors prior to the contractor
providing service to the program naming the COUNTY as an additional insured.
24.WASTE TRACKING AND REPORTING
COUNTY will provide a mid-year report to CITY regarding participation rates from each
participating jurisdiction by March 15 of each year. Mid-year and year end reports will outline
the types and quantities of waste collected, the amount of waste diverted for reuse or recycling
and the waste management method for each waste stream and associated costs for services.
COUNTY will prepare a report summarizing program activities which will be delivered to the
participating jurisdictions no later than six months after the end of COUNTY’s fiscal year.
It will be assumed for cost and reporting purposes that each participating jurisdiction is
contributing to the waste stream in proportion to the number of its residents who directly
participate.
COUNTY shall take steps to assure that the bi-annual statements to jurisdictions reflect the funds
necessary to cover costs for CITY participation in services scheduled during the next quarter.
25.PARTICIPATION REPORTING
COUNTY shall employ means necessary to verify the place of residence of all
participants in the CoHHW Program.
26.HOLD HARMLESS AND INDEMNIFICATION
In lieu of and not withstanding the pro rata risk allocation which might otherwise be
imposed between CITY and COUNTY pursuant to Government Code Section 895.6, the parties
agree that all losses or liabilities incurred by a party shall not be shared pro rata but instead
COUNTY and CITY agree that pursuant to Government Code Section 895.4, each of the parties
hereto shall fully indemnify and hold each of the other parties, their officers, board members,
employees and agents, harmless from any claim, expense or cost, damage or liability imposed for
injury (as defined by Government Code Section 810.8) occurring by reason of the negligent acts or
omissions or willful misconduct of the indemnifying party, its officers, employees or agents, under
or in connection with or arising out of any work, authority or jurisdiction delegated to such party
under this Agreement. No party, nor any officer, board member, employee or agent thereof shall be
responsible for any damage or liability occurring by reason of the negligent acts or omissions or
willful misconduct of the other parties hereto, their officers, board members, employees or agents,
under or in connection with or arising out of any work authority or jurisdiction delegated to such
other parties under this Agreement.
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Hazardous Waste Collection Program Page 11 of 26
Additionally, CITY shall indemnify COUNTY for CITY’s apportioned share of any
liability incurred and attributed to the Countywide HHW Program for the transportation,
treatment, or disposal of the household hazardous waste, once the waste has been accepted by a
licensed hazardous waste hauler. Apportionment for disposal liability shall be determined by
each participating jurisdiction’s pro rata proportion of household participation in the Program.
Apportionment for transportation and treatment liability shall be determined by each
participating jurisdiction’s pro rata household participation at the event where the waste was
generated. COUNTY will use reasonable efforts to obtain recovery from all available resources,
including insurance, of any liable hauler or liable disposal facility operator. No liability shall be
apportioned to CITY for transportation, treatment or disposal in any case where COUNTY has
contracted for such services and has failed to require the contractor to maintain the insurance
requirements set forth in Section 23 above.
CITY shall further indemnify COUNTY for CITY’s apportioned share of liability
incurred and attributed to the Countywide HHW Program for the transportation, treatment or
disposal of household hazardous waste at corporate sponsored events where non-county resident
employees of the corporate sponsor are authorized to participate in the event. Liability for the
nonresident portion of the disposal of waste shall be shared by the cities and the COUNTY as
described above. The nonresident portion shall be determined by calculating the percentage of
nonresidents participating in the event. This percentage will then be subtracted from the total
liability for the household hazardous waste prior to assessing CITY’s apportioned share of any
liability for the household hazardous waste.
COUNTY shall require CESQGs and Nonprofit Charitable Reusers to indemnify
COUNTY, at minimum, for their apportioned share of any liability incurred and attributed to the
Countywide HHW Program for the transportation, treatment, or disposal of their hazardous
waste, once the waste has been accepted by a licensed hazardous waste hauler. The CESQG and
Nonprofit Charitable Reuser portion of the waste shall be determined by calculating the
percentage, by weight, of the total household hazardous waste accepted by the CoHHW
Program. This percentage will be used to calculate the portion of liability attributed to CESQGs
and Nonprofit Charitable Reusers and will be subtracted from the total liability prior to assessing
CITY’s apportioned share of any liability for household hazardous waste.
27.TERMINATION
This Agreement may be terminated by either the COUNTY or CITY upon thirty (30)
days written notice given by the terminating party.
28.TERM OF AGREEMENT
The term of this Agreement shall be from July 1, 2021 to June 30, 2024, or until all
revenue from the last quarter’s AB939 fee payments have expended and/or distributed,
whichever is later.
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29.INDEPENDENT CONTRACTOR
Each party shall perform responsibilities and activities described herein as an
independent contractor and not as an officer, agent, servant or employee of any of the parties
hereto. Each party shall be solely responsible for the acts and omissions of its officers, agents,
employees, contractors and subcontractors, if any. Nothing herein shall be considered as
creating a partnership or joint venture between the parties.
30.EXECUTION BY COUNTERPART
This Agreement may be executed in any number of counterparts, each of which shall for
all purposes be deemed an original and all of which shall together constitute one and the same
instrument.
31. CONTROLLING LAW
This Agreement shall be governed and construed in accordance with the laws of the State
of California.
32.ENTIRE AGREEMENT
This document embodies the entire Agreement between the parties with respect to the
subject matter hereof. No modification of this Agreement shall be effective unless and until
modification is evidenced by writing signed by all parties or their assigned designates.
33.NOTICES
All notices and communications herein required shall be in writing to the other party as
follows, unless expressly changed in writing:
CITY of City Representative
Representative’s Title
City Address
Santa Clara County Director
Consumer and Environmental Protection Agency
1553 Berger Drive
San José, California 95112
34.CONTRACT EXECUTION
Unless otherwise prohibited by law or County policy, the parties agree that an electronic
copy of a signed contract, or an electronically signed contract, has the same force and legal effect
Saratoga Debbie Bretschneider
City Clerk
13777 Fruitvale Avenue
Saratoga, CA 95070
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Hazardous Waste Collection Program Page 13 of 26
as a contract executed with an original ink signature. The term “electronic copy of a signed
contract” refers to a transmission by facsimile, electronic mail, or other electronic means of a
copy of an original signed contract in a portable document format. The term “electronically
signed contract” means a contract that is executed by applying an electronic signature using
technology approved by the County.
IN WITNESS WHEREOF, the parties have executed this AGREEMENT FOR
COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM on the
dates as stated below:
Date: COUNTY OF SANTA CLARA
JEFFREY V. SMITH
County Executive
Date: “CITY”
CITY/TOWN OF
Title
A municipal corporation
APPROVED AS TO FORM AND LEGALITY:
STEPHANIE SAFDI
Deputy County Counsel
Attachments:
A Projected Fiscal Years 2022, 2023, and 2024 AB939 HHW Fee Funding Allocation by
Jurisdiction
B Estimated HHW Program Fixed Costs for Fiscal Years 2022, 2023, and 2024
C HHW Schedule of Collection Events for Fiscal Year 2022
D Household Hazardous Waste Emergency Collection Plan
E Exhibit B-2D (revised) Insurance Requirements for Environmental Services Contracts
2378821
Saratoga
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Hazardous Waste Collection Program Page 14 of 26
ATTACHMENT A: PROJECTED FISCAL YEARS 2022-2024 ANNUAL HHW FEE
FUNDING ALLOCATION BY JURISDICTION
Campbell 18,158 726 40,970 106,521$ 68,093$ 7,162$ 42,272$ 908$ (11,913)$ 45,525$ 1,268 1,221
Cupertino 21,050 842 41,603 108,168$ 78,938$ 4,242$ 49,004$ 1,053$ (25,068)$ 36,963$ 1,034 723
Gilroy 16,676 667 53,681 139,571$ 62,535$ 1,086$ 38,822$ 834$ 36,295$ 23,027$ 1,038 185
Los Altos 11,677 467 17,678 45,963$ 43,789$ 4,188$ 27,184$ 584$ (29,781)$ 90,803$ 1,451 714
Los Altos Hills 3,180 127 9,303 24,188$ 11,925$ 958$ 7,403$ 159$ 3,743$ 4,413$ 259 163
Los Gatos 13,637 545 25,338 65,878$ 51,139$ 6,784$ 31,747$ 682$ (24,474)$ 66,018$ 1,216 1,157
Milpitas 22,553 902 100,225 260,586$ 84,574$ 5,247$ 52,503$ 1,128$ 117,135$ 24,851$ 1,303 895
Monte Sereno 1,383 55 1,278 3,323$ 5,186$ 789$ 3,220$ 69$ (5,941)$ 11,138$ 139 135
Morgan Hill 15,350 614 43,759 113,774$ 57,563$ 2,252$ 35,735$ 768$ 17,456$ 78,579$ 1,881 384
Mountain View 36,727 1,469 77,033 200,285$ 137,726$ 4,700$ 85,500$ 1,836$ (29,478)$ 39,356$ 1,628 802
Palo Alto 29,298 0 63,437 164,936$ -$-$ 1,465$ 163,471$
San Jose 336,507 13,460 810,331 2,106,860$ 1,261,901$ 114,172$ 783,388$ 16,825$ (69,427)$ 476,507$ 20,026 19,470
Santa Clara 48,975 1,959 160,175 416,455$ 183,656$ 9,178$ 114,014$ 2,449$ 107,157$ 121,604$ 3,920 1,565
Saratoga 11,301 452 19,996 51,990$ 42,379$ 4,458$ 26,309$ 565$ (21,720)$ 45,244$ 831 760
Sunnyvale 60,273 2,411 116,128 301,932$ 226,024$ 6,717$ 140,316$ 3,014$ (74,138)$ 152,321$ 3,672 1,145
Unincorporated 18,558 742 38,112 99,092$ 69,593$ 4,640$ 43,203$ 928$ (19,271)$ 57,932$ 1,677 791
Total 665,303 25,440 1,619,047 4,209,522$ 2,385,019$ 176,572$ 1,480,620$ 33,265$ 134,047$ 1,274,282$ 41,345 30,110
Cities
No of
Households
4% of
Households
Disposal
Tonnage
AB939 HHW Fee
$2.60 per Ton
Fixed Cost $3.75
per HH
SJ Facility $8.29
Surcharge
Variable Cost
$58.20 per Car
Abandoned
Waste Disposal
Cost $.05 per
Household
Discretionary
Fund
Estimated
Augmentation
Anticipated
Participation
Anticipated
Particiation
at SJ
Facility
Notes: Number of HH and Disposal tonnage are based on FY2019-2020 actuals. Anticipated participation and
anticipated participation at SJ facility are based on 15% increase from FY2018-2019 actual participation.
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Hazardous Waste Collection Program Page 15 of 26
ATTACHMENT B: ESTIMATED ANNUAL HHW PROGRAM FIXED COSTS
FOR FISCAL YEARS 2022, 2023, AND 2024
FIXED COST
Staff Salary and Benefits $1,568,216
County Admin Overhead $421,899
County Counsel $13,650
Phones and Communications $10,605
Facilities Lease Costs San Jose $176,572
Vehicle Costs $34,125
Office Supplies and postage $1,916
Maintenance, Software $115,500
HHW Hotline $50,000
Garbage & Utilities $36,488
Membership & Dues $15,750
Training & Conference $5,250
Safety Wear $21,840
Printing $13,583
Other Services & Supplies $56,175
ESTIMATED ANNUAL TOTAL $2,541,568
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ATTACHMENT C: HHW SCHEDULE OF PERMANENT & TEMPORARY
COLLECTION EVENTS FOR FISCAL YEAR 2021-2022*
2021/Month Day Date Location
Type of Event County Holidays/ Notes
July Thurs,Fri 1,2 San Jose Permanent
Saturday 3 No Event No Event 4th OF JULY WEEK
Wed,Thurs,Fri,Sat 7,8,9,10 San Jose Permanent
Fri,Sat 9,10 San Martin Permanent
Thurs,Fri,Sat 15,16,17 San Jose Permanent
Saturday 17 Sunnyvale Temporary TBD
Wed,Thurs,Fri,Sat 21,22,23,24 San Jose Permanent
Thurs,Fri,Sat 29,30,31 San Jose Permanent
August Wed,Thurs,Fri,Sat 4,5,6,7 San Jose Permanent
Fri,Sat 6,7 San Martin Permanent
Thurs,Fri,Sat 12,13,14 San Jose Permanent
Saturday 14 Mountain View Temporary TBD
Wed,Thurs,Fri,Sat 18,19,20,21 San Jose Permanent
Thurs,Fri,Sat 26,27,28 San Jose Permanent
September Wed,Thurs,Fri 1,2,3 San Jose Permanent
Saturday 4 No Event No Event LABOR DAY WEEKEND
Thurs,Fri,Sat 9,10,11 San Jose Permanent
Fri,Sat 10,11 San Martin Permanent
Wed,Thurs,Fri,Sat 15,16,17,18 San Jose Permanent
Saturday 18 Santa Clara Temporary TBD
Wed,Thurs,Fri,Sat 22,23,24,25 San Jose Permanent
Thursday 30 San Jose Permanent
October Fri,Sat 1,2 San Jose Permanent
Fri, Sat 1,2 San Martin Permanent
Wed,Thurs,Fri,Sat 6,7,8,9 San Jose Permanent
Thurs,Fri,Sat 14,15,16 San Jose Permanent
Saturday 16 Sunnyvale Temporary TBD
Wed,Thurs,Fri,Sat 20,21,22,23 San Jose Permanent
Thurs,Fri,Sat 28,29,30 San Jose Permanent
November Wed,Thurs,Fri,Sat 3,4,5,6 San Jose Permanent
Fri, Sat 5,6 San Martin Permanent
Fri,Sat 12,13 San Jose Permanent
Wed,Thurs,Fri,Sat 17,18,19,20 San Jose Permanent
Tuesday 23 San Jose Permanent
Thurs,Fri,Sat 25,26,27 No Event No Event THANKSGIVING
December Wed,Thurs,Fri,Sat 1,2,3,4 San Jose Permanent
Fri, Sat 3,4 San Martin Permanent
Wed,Thurs,Fri,Sat 8,9,10,11 San Jose Permanent
Thurs,Fri,Sat 16,17,18 San Jose Permanent
Tues,Wed,Thurs 21,22,23 San Jose Permanent
Fri,Sat 24,25 No Event No Event CHRISTMAS
Tues,Wed,Thurs 28,29,30 San Jose Permanent
Friday 31 No Event No Event NEW YEAR's DAY
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ATTACHMENT C: HHW SCHEDULE OF PERMANENT & TEMPORARY
COLLECTION EVENTS FOR FISCAL YEAR 2021-2022* (Continued)
2022/Month Day Date Location Type of Event County Holidays/ Notes
2022/Jan Saturday 1 No Event No Event NEW YEAR's DAY
Thurs,Fri,Sat 6,7,8 San Jose Permanent
Fri, Sat 7,8 San Martin Permanent
Wed,Thurs,Fri,Sat 12,13,14,15 San Jose Permanent
Saturday 15 Sunnyvale Temporary TBD
Wed,Thurs,Fri,Sat 19,20,21,22 San Jose Permanent
Thurs,Fri,Sat 27,28,29 San Jose Permanent
Saturday 29 Santa Clara Temporary TBD
February Wed,Thurs,Fri,Sat 2,3,4,5 San Jose Permanent
Fri, Sat 4,5 San Martin Permanent
Thurs,Fri,Sat 10,11,12 San Jose Permanent
Wed,Thurs,Fri,Sat 16,17,18,19 San Jose Permanent
Thurs,Fri,Sat 24,25,26 San Jose Permanent
March Wed,Thurs,Fri,Sat 2,3,4,5 San Jose Permanent
Fri, Sat 4,5 San Martin Permanent
Thurs,Fri,Sat 10,11,12 San Jose Permanent
Wed,Thurs,Fri,Sat 16,17,18,19 San Jose Permanent
Wed,Thurs,Fri,Sat 23,24,25,26 San Jose Permanent
April Fri,Sat 1,2 San Jose Permanent
Fri, Sat 1,2 San Martin Permanent
Wed,Thurs,Fri,Sat 6,7,8,9 San Jose Permanent
Saturday 9 Los Altos Temporary TBD
Thurs,Fri,Sat 14,15,16 San Jose Permanent
Saturday 16 Sunnyvale Temporary TBD
Wed,Thurs,Fri,Sat 20,21,22,23 San Jose Permanent
Thurs,Fri,Sat 28,29,30 San Jose Permanent
Saturday 30 Santa Clara Temporary TBD
May Wed,Thurs,Fri,Sat 4,5,6,7 San Jose Permanent
Fri, Sat 6,7 San Martin Permanent
Thurs,Fri,Sat 12,13,14 San Jose Permanent
Wed,Thurs,Fri,Sat 18,19,20,21 San Jose Permanent
Thurs,Fri 26,27 San Jose Permanent
Saturday 28 No Event No Event MEMORIAL DAY WEEKEND
June Wed,Thurs,Fri,Sat 1,2,3,4 San Jose Permanent
Fri, Sat 3,4 San Martin Permanent
Thurs,Fri,Sat 9,10,11 San Jose Permanent
Wed,Thurs 15,16 San Jose Permanent
Friday 17 No Event No Event JUNETEENTH DAY
Saturday 18 San Jose Permanent
Saturday 25 Milpitas Temporary TBD
Thurs,Fri,Sat 23,24,25 San Jose Permanent
Wed,Thurs 29,30 San Jose Permanent
*SUBJECT TO CHANGE
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ATTACHMENT D:
COUNTY HOUSEHOLD HAZARDOUS WASTE
EMERGENCY COLLECTION PLAN
1. PURPOSE
The purpose of the Household Hazardous Waste Emergency Collection Plan is to minimize
potential public health and safety impacts, as well as to minimize costs and confusion during an
emergency or disaster. This Attachment describes the services the County can provide and the
responsibilities of each party for the collection of household hazardous wastes (HHW) in
response to an emergency as defined by the local jurisdiction.
Jurisdictions should contact local emergency agencies, the Governor's Office of Emergency
Services (OES), and the Department of Toxic Substances Control (DTSC) for more specific
information on hazardous materials emergency response.
2. Timing of HHW
While it is important to have special collection opportunities for disaster-related HHW as soon as
possible to avoid illegal disposal or harm to people and/or the environment, having an event or
service too soon after a disaster may result in low participation. Sufficient public notification,
assessment and monitoring of the disaster and cleanup process by the designated City HHW
Coordinator(s) is essential.
3. Public Information/Notification:
Cities should be prepared to provide the public with information related to the problems
associated with HHW along with information about special collection events and services. Upon
the decision to hold an emergency collection event, it is the City’s responsibility to prepare and
deliver the necessary public outreach to notify the public of an upcoming event. A City’s public
outreach program should evaluate all forms of media including: newspaper ads, posters, flyers,
press releases, banners, door-to-door notices, roadside signs, signs on dumpsters, radio public
service announcements, social media outlets and television public access stations. Be aware of
communities where multiple language outreach efforts will be necessary.
4. State HHW Collection Permits
The State Department of Toxic Substances Control (DTSC) is responsible for issuing the
necessary state permits for HHW collection facilities. During an emergency, the County will
obtain the necessary emergency permit for special collection of household hazardous waste from
DTSC through their expedited approval process.
5. Collection Events
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Temporary collection events can be set-up at various sites including parking lots, city
maintenance yards, within neighborhoods needing service, and at landfills or a centralized
location to service larger segments of the population. Waste collected will be transported with a
transportation vehicle provided by the HHW Program. In addition, events can be scheduled at
the two existing Countywide Household Hazardous Waste Collection Facilities (CoHHWCF).
The following options are available to each participating City.
Neighborhood Drop-off Events: The County is able to provide localized service to specific
areas in need of household hazardous waste collection services. The County will work with
City Solid Waste Coordinators to conduct coordinated efforts to residents in the affected
area. After a specific event, waste will be transported by County staff or a hazardous waste
contractor to an appropriate facility.
Mobile HHW Event: The County conducts Household Hazardous Waste Collection Event
(Events) at various sites located in Santa Clara County throughout the year. Events will be
expanded to give priority to disaster victims when requested by the City. The County shall
obtain all necessary permits and licenses required for the events and shall provide and/or
contract for the services of properly trained personnel and hazardous waste haulers. The
County shall also provide or secure suitable equipment and supplies to properly receive,
package, label, haul, recycle and dispose of the household hazardous wastes collected at
events.
CoHHWCF: The County operates two permitted HHW collection facilities for the collection
and storage of HHW. The County shall provide or contract for services, equipment, and
supplies to properly receive, package, label, haul, recycle and dispose of wastes collected at
the CoHHWCF.
The CoHHWCF are located at:
San Martin, 13055 Murphy Ave, San Martin
San Jose, 1608 Las Plumas, San Jose
6. Costs, Documentation, and Reimbursements
Cities will be billed on a cost recovery basis. Costs of emergency events will be tracked and
billed separately. Emergency funding applications pending from the State or Federal
government for reimbursements in no way relieves the City of responsibility to make timely
payment to the County in accordance with the terms of the AGENCY AGREEMENT FOR
COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM.
The County agrees to provide the City with a detailed accounting of services provided
for an emergency collection. Documentation will track the time and materials of staff, outside
contractor expenses, and quantities and types of waste collected to demonstrate that the wastes
were generated above and beyond existing collection programs.
Services to businesses will be provided on a cost recovery basis and according to Section 12 of
the AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE
COLLECTION PROGRAM, which includes program administration, on-site collection,
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Agreement for Countywide Household
Hazardous Waste Collection Program Page 20 of 26
transportation, and disposal costs. The County will assume responsibility for collecting fees
from participating businesses.
7. State and Federal Assistance and Funds
It is the City responsibility to pursue reimbursement from State or Federal agencies.
State Office of Emergency Services (OES)
The OES is responsible for requesting assistance on behalf of local jurisdictions for resources
beyond the capability of the jurisdiction. State assistance may include assistance available from
State, Federal, or private sources. If a local jurisdiction is declared a state disaster area, and the
local jurisdiction deems that the needs of the disaster response are beyond its capabilities, then
the local jurisdiction can request assistance and reimbursement of costs from OES.
Follow Standardized Emergency Management System (SEMS)
All requests and emergency responses must be in accordance with the SEMS. The State
Department of Toxic Substances Control may have funding available for hazardous waste
response and collection.
Federal Assistance
If a state disaster area is declared a federal disaster, then federal funding assistance may be
available through the State OES. Funding and assistance may be available from Federal
agencies such as FEMA and the U.S. EPA.
Damage estimates: The city should provide to the State OES estimates of damages and a "scope
of work requested." It is recommended that the local HHW coordinator meet ahead of time with
local emergency agencies or State OES contacts regarding the proper procedures and wording of
requests for assistance.
Funding Process: The funding process may vary depending on the unique circumstances of the
disaster. The process can either be the traditional FEMA reimbursement process, or by direct
assistance from EPA.
REFERENCES
California Integrated Waste Management Board, Integrated Waste Management Disaster Plan:
Guidance for local government on disaster debris management, January 1997.
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Agreement for Countywide Household
Hazardous Waste Collection Program Page 21 of 26
Emergency Planning Contacts and Personnel
Primary County Contact: County of Santa Clara
Consumer and Environmental Protection Agency
Recycling and Waste Reduction Division
Household Hazardous Waste Program
ATTN: Hazardous Materials Program Manager
(408)-918-1967
For Non-Emergency after-hours, contact County Communications at: (408) 977-3220
Responsibility: Coordinate and establish proper collection and disposal methods
for household hazardous waste. Assess the need for HHW and
CESQG services in consultation with the City and other operations.
Cal OES Public Safety Communications Main Office
601 & 630 Sequoia Pacific Boulevard
Sacramento, CA 95811
(916) 657-9494
Cal OES
3650 Schriever Avenue
Mather, CA 95655-4203
(916) 845-8510
CHEMTREC Emergency number, (800) 424-9300
Non-emergency (800) 262-8200
Chemtrec is a public service established by the Chemical Manufacturers Association. The
Center was developed as a resource for obtaining immediate emergency response information to
mitigate accidental chemical releases, and as a means for emergency responders to obtain
technical assistance from chemical industry product safety specialists, emergency response
coordinators, toxicologists, physicians, and other industry experts to safely mitigate incidents
involving chemicals.
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EXHIBIT B-2D (revised)
Agreement for Countywide Household
Hazardous Waste Collection Program
Page 22 of 26
INSURANCE REQUIREMENTS FOR
ENVIRONMENTAL SERVICES CONTRACTS
(Hazardous Waste Disposal, Remediation Services, Environmental Consulting, etc.)
Indemnity
The Contractor shall indemnify, defend, and hold harmless the County of Santa Clara (hereinafter
"County"), its officers, agents and employees from any claim, liability, loss, injury or damage
arising out of, or in connection with, performance of this Agreement by Contractor and/or its agents,
employees or sub-contractors, excepting only loss, injury or damage caused by the sole negligence
or willful misconduct of personnel employed by the County. It is the intent of the parties to this
Agreement to provide the broadest possible coverage for the County. The Contractor shall
reimburse the County for all costs, attorneys' fees, expenses and liabilities incurred with respect
to any litigation in which the Contractor contests its obligation to indemnify, defend and/or hold
harmless the County under this Agreement and does not prevail in that contest.
Insurance
Without limiting the Contractor's indemnification of the County, the Contractor shall provide and
maintain at its own expense, during the term of this Agreement, or as may be further required
herein, the following insurance coverages and provisions:
A. Evidence of Coverage
Prior to commencement of this Agreement, the Contractor shall provide a Certificate of
Insurance certifying that coverage as required herein has been obtained. Individual
endorsements executed by the insurance carrier shall accompany the certificate. In addition,
a certified copy of the policy or policies shall be provided by the Contractor upon request.
This verification of coverage shall be sent to the requesting County department, unless
otherwise directed. The Contractor shall not receive a Notice to Proceed with the work
under the Agreement until it has obtained all insurance required and such insurance has been
approved by the County. This approval of insurance shall neither relieve nor decrease the
liability of the Contractor.
B. Qualifying Insurers
All coverages, except surety, shall be issued by companies which hold a current policy
holder's alphabetic and financial size category rating of not less than A- V, according to the
current Best's Key Rating Guide or a company of equal financial stability that is approved
by the County's Insurance Manager.
ATTACHMENT E
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EXHIBIT B-2D (revised)
Agreement for Countywide Household
Hazardous Waste Collection Program
Page 23 of 26
C.Notice of Cancellation
All coverage as required herein shall not be canceled or changed so as to no longer meet
the specified County insurance requirements without 30 days' prior written notice of such
cancellation or change being delivered to the County of Santa Clara or their designated
agent.
D. Insurance Required
1.Commercial General Liability Insurance - for bodily injury (including death) and
property damage which provides limits as follows:
a. Each occurrence -$1,000,000
b. General aggregate -$2,000,000
c. Products/Completed Operations aggregate - $2,000,000
d. Personal Injury -$1,000,000
2.General liability coverage shall include:
a.Premises and Operations
b.Products/Completed
c.Personal Injury liability
d.Severability of interest
3.General liability coverage shall include the following endorsement, a copy of which
shall be provided to the County:
Additional Insured Endorsement, which shall read:
“County of Santa Clara, and members of the Board of Supervisors of
the County of Santa Clara, and the officers, agents, and employees of
the County of Santa Clara, individually and collectively, as additional
insureds.”
Insurance afforded by the additional insured endorsement shall apply as primary
insurance, and other insurance maintained by the County of Santa Clara, its
officers, agents, and employees shall be excess only and not contributing with
insurance provided under this policy. Public Entities may also be added to the
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EXHIBIT B-2D (revised)
Agreement for Countywide Household
Hazardous Waste Collection Program
Page 24 of 26
additional insured endorsement as applicable and the contractor shall be notified by
the contracting department of these requirements.
4.Automobile Liability Insurance
For bodily injury (including death) and property damage which provides total limits
of not less than one million dollars ($1,000,000) combined single limit per
occurrence applicable to all owned, non-owned and hired vehicles. Coverage shall
include Environmental Impairment Liability Endorsement MCS90 for contracts
requiring the transportation of hazardous materials/wastes.
4a. Aircraft/Watercraft Liability Insurance (Required if Contractor or any of its agents
or subcontractors will operate aircraft or watercraft in the scope of the Agreement)
For bodily injury (including death) and property damage which provides total limits
of not less than one million dollars ($1,000,000) combined single limit per
occurrence applicable to all owned, non-owned and hired aircraft/watercraft.
5.Workers' Compensation and Employer's Liability Insurance
a.Statutory California Workers' Compensation coverage including broad form
all-states coverage.
b.Employer's Liability coverage for not less than one million dollars
($1,000,000) per occurrence.
6.Contractors Pollution Liability Insurance
Coverage shall provide a minimum of not less than five million dollars
($5,000,000) per occurrence and aggregate for bodily injury, personal injury,
property damage and cleanup costs both on and offsite.
7.Professional Errors and Omissions Liability Insurance (required for contractors
providing professional services, such as through a professional engineer, registered
geologist, etc.)
a.Coverage shall be in an amount of not less than one million dollars
($1,000,000) per occurrence/aggregate.
b.If coverage contains a deductible or self-retention, it shall not be greater than
fifty thousand dollars ($50,000) per occurrence/event.
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EXHIBIT B-2D (revised)
Agreement for Countywide Household
Hazardous Waste Collection Program
Page 25 of 26
c.Coverage as required herein shall be maintained for a minimum of two years
following termination or completion of this Agreement.
8.Claims Made Coverage
If coverage is written on a claims made basis, the Certificate of Insurance shall
clearly state so. In addition to coverage requirements above, such policy shall
provide that:
a.Policy retroactive date coincides with or precedes the Consultant's start of
work (including subsequent policies purchased as renewals or replacements).
b.Policy allows for reporting of circumstances or incidents that might give rise
to future claims.
E. Special Provisions
The following provisions shall apply to this Agreement:
1.The foregoing requirements as to the types and limits of insurance coverage to be
maintained by the Contractor and any approval of said insurance by the County or
its insurance consultant(s) are not intended to and shall not in any manner limit or
qualify the liabilities and obligations otherwise assumed by the Contractor pursuant
to this Agreement, including but not limited to the provisions concerning
indemnification.
2.The County acknowledges that some insurance requirements contained in this
Agreement may be fulfilled by self-insurance on the part of the Contractor.
However, this shall not in any way limit liabilities assumed by the Contractor under
this Agreement. Any self-insurance shall be approved in writing by the County
upon satisfactory evidence of financial capacity. Contractors obligation hereunder
may be satisfied in whole or in part by adequately funded self-insurance programs
or self-insurance retentions.
3.Should any of the work under this Agreement be sublet, the Contractor shall require
each of its subcontractors of any tier to carry the aforementioned coverages, or
Contractor may insure subcontractors under its own policies.
4.The County reserves the right to withhold payments to the Contractor in the event
of material noncompliance with the insurance requirements outlined above.
F. Fidelity Bonds (Required only if contractor will be receiving advanced funds or payments)
Before receiving compensation under this Agreement, Contractor will furnish
County with evidence that all officials, employees, and agents handling or having
access to funds received or disbursed under this Agreement, or authorized to sign or
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EXHIBIT B-2D (revised)
Agreement for Countywide Household
Hazardous Waste Collection Program
Page 26 of 26
countersign checks, are covered by a BLANKET FIDELITY BOND in an amount
of AT LEAST fifteen percent (15%) of the maximum financial obligation of the
County cited herein. If such bond is canceled or reduced, Contractor will notify
County immediately, and County may withhold further payment to Contractor until
proper coverage has been obtained. Failure to give such notice may be cause for
termination of this Agreement, at the option of County.
86
SARATOGA CITY COUNCIL
MEETING DATE:April 7, 2021
DEPARTMENT:Community Development Department
PREPARED BY:Nicole Johnson, Senior Planner
SUBJECT:Landmark Designation & Mills Act Agreement for 20280 Saratoga-Los Gatos
Road. Application No. MIL21-0001 & LNDMRK21-0001
RECOMMENDED ACTION:
The Heritage Preservation Commission (HPC) recommends that the City Council:
1. Conduct a public hearing on the proposal to designate the subject property as a historic
landmark and enter into a Mills Act Agreement.
2. Introduce and waive first reading of the attached ordinance designating the property as a
historic landmark.
3. Direct staff to place the ordinance on the Consent Calendar for adoption at the next
regular meeting of the City Council.
4. Adopt the attached Resolution authorizing the City Manager to enter into a Mills Act
Agreement for the property located at 20280 Saratoga-Los Gatos Road upon the effective
date of the landmark ordinance.
BACKGROUND:
In March 2003 the City Council approved Resolution 03-016 establishing the City’s participation
in the Mills Act Program. The Mills Act is state legislation granting local governments the
authority to enter into agreements with owners of qualified historical properties to provide for the
use, maintenance, and restoration of the properties to retain characteristics of their historical
significance. In exchange for these restrictions the owners receive a reduced assessed valuation
of their property thereby lowering their property taxes. It is Council policy that no more than
three applications for the Mills Act be approved per year.The subject application is the first
request for a Mills Act in 2021. The City has entered into a total of thirteen (13) Mills Act
contracts since the program was created.
The subject property is listed on the Heritage Resource Inventory as a heritage resource (HP91-
01). On March 2, 2021, the owner of the property submitted a request (1) to designate the house
at 20280 Saratoga-los Gatos Road as a Historic Landmark and (2) to enter into a Mills Act
Agreement with the City.
87
Pursuant to City Code Section 13-15.010, the Heritage Preservation Commission may
recommend to the City Council designation of a proposal as a historic landmark, if it satisfies
any two or more of the criteria listed below and also retains a substantial degree of architectural
and structural integrity with respect to the original design, as determined by the Heritage
Commission.
a) It exemplifies or reflects special elements of the cultural, social, economic, political,
aesthetic, engineering or architectural history of the City, the County, the State or the
nation; or
b) It is identified with persons or events significant in local, county, state or national history;
or
c) It embodies distinctive characteristics of a style, type, period or method of construction,
or is a valuable example of the use of indigenous materials; or
d) It is representative of the notable design or craft of a builder, designer, or architect; or
e) It embodies or contributes to unique physical characteristics representing an established
and familiar visual feature of a neighborhood or district within the City; or
f) It represents a significant concentration or continuity of site, buildings, structures or
objects, unified by past events or aesthetically by plan or physical or natural
development; or
g) It embodies or contributes to a unique natural setting or environment constituting a
distinct area or district within the City having special character or special historical,
architectural or aesthetic interest or value.
The proposed Historic Landmark designation and Mills Act Agreement is for “Seven Oaks”. The
property was placed on the Heritage Resource Inventory in 1991. The property qualifies for
historical landmark designation under criteria b and c for its association with Reverend George
W. Phillips and the Mediterranean Villa architectural style, with additional Craftsman elements.
The original owners and builders of the house on this property are not known, the home was built
circa 1920. The property was purchased in 1929 by George P. and Ethna Peterson who lived
there until 1946. The next known occupant of the property was the Reverend Dr. George W.
Phillips and Cora Jane Phillips. Both George and Cora Phillips are buried at the nearby Madronia
Cemetery in Saratoga.
In the 1920's George Phillips was a minister at the Tenth Avenue Baptist Church. He began a
radio program in 1924 known as “The Hour of Prayer”, which initially aired on KGO. The
program resulted in a great deal of support and publicity for the church. However, after a brief
period the show was canceled by KGO, and Phillips decided that the church should start their
own radio station. The church building was raised and retrofitted to contain the radio station
studio and began broadcasting as KTAB. After additional changes of ownership in the 1930's,
the station was renamed “KSFO” in 1935, becoming one of the most popular and significant
radio stations in Central California for much of the 20th Century.
More recent owners of the property include the Collins and Harkness families. The home is
currently owned by Bijoy Bose, who purchased the property in January of 2021.
Per the Historic Evaluation prepared by Archaeological Resource Management (Attachment E),
the structure appears to retain its eligibility for listing on the Heritage Resource Inventory and is
eligible for consideration for a Mills Act contract. The home is a good example of the
Mediterranean Villa style, with additional Craftsman elements. The roof is moderately pitched
and cross-gabled, surfaced with composition shingles. The eaves are somewhat broad and open,
88
with exposed rafters. The rafters are heavy and carved, as are the decorative braces beneath the
gables. Projecting half-cylindrical decorative vents are centrally placed below the two front
gables. Exterior walls are surfaced with stucco, painted light gray. Fenestration is primarily
wooden framed and multi-paned, with a combination of arched half round and rectangular
windows, primarily in a casement configuration. On the front facade, the windows feature carved
lintels and are separated by decorative pilasters. The front entry is centrally placed between the
two front gabled wings. The front door features multi-paned glass and is arched, surrounded by a
decorative arched pediment and flanked by intricately carved pilasters. The entry is topped by a
shallow rounded “eyebrow” arch gable. Access to the front entry is provided by a concrete
porch, which is semi-enclosed by a series of low concrete piers connected by decorative iron
railing.
The Restoration Plan contained in the draft Mills Act Agreement (Attachment C) provides for
maintenance of the building such as seismic retrofit, foundation repair, landscape maintenance,
and painting of the residence.
The HPC recommended the designation the subject property as a Historic Landmark and
recommended the property for Mills Act consideration to City Council at their March 9, 2021
meeting. A property must be designated a City of Saratoga Historic Landmark pursuant to City
Code Section 13-15.060 (Historic Landmark) to be eligible for the Mills Act Program.
FISCAL STATEMENT:
With an approval of the Mills Act Agreement the City would lose a portion of the property tax
collected from the property. The City receives annually approximately $2,075 for a property
assessed at $3,418,500. The Mills Act would reduce that amount of revenue by approximately
60% to $830.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
A public notice was sent to property owners within 500 feet of the site. In addition, the public
hearing notice and description of the project was published in the Saratoga News.
ENVIRONMENTAL DETERMINATION:
The proposed ordinance is exempt from California Environmental Quality Act (CEQA) pursuant
to CEQA Guidelines section 15061(b)(3). CEQA applies only to projects which have the
potential of causing a significant effect on the environment. Where it can be seen with certainty
that there is no possibility that the activity in question may have a significant effect on the
environment, the activity is not subject to CEQA. In this circumstance, the ordinance designating
the property as a Historic Landmark would not have a significant impact on the environment.
ATTACHMENTS:
Attachment A- Ordinance approving the property’s Landmark status
Attachment B- Resolution approving Mills Act Agreement
Attachment C- Mills Act Historic Property Preservation Agreement
Attachment D- Department of Parks and Recreation Primary Record
Attachment E-Historic Evaluation prepared by Archaeological Resource Management
89
ORDINANCE NO. XX-XXX
AN ORDINANCE OF THE CITY OF SARATOGA
DESIGNATING THE PROPERTY AT 20280 SARATOGA-LOS
GATOS ROAD (APN 517-11-005) AS A HISTORIC LANDMARK
The City Council of the City of Saratoga hereby ordains as follows:
Section 1-Findings:After careful review and consideration of the report and
recommendations of the Heritage Preservation Commission concerning the residence at
20280 Saratoga-Los Gatos Road (the “Residence”) together with the application and
supporting materials, and following a public hearing at which all interested parties had an
opportunity to be heard, the City Council hereby finds that the Residence has special
historical, cultural, architectural and aesthetic interest or value as part of the heritage and
history of the City, and satisfies one or more of the criteria set forth in Section 13-15.010
of the Saratoga City Code. Specifically:
It is identified with persons or events significant in local, county, state or national
history. The property was purchased in 1929 by George P. and Ethna Peterson
who lived there until 1946. The next known occupant of the property was the
Reverend Dr. George W. Phillips and Cora Jane Phillips. In the 1920's George
Phillips was a minister at the Tenth Avenue Baptist Church. He began a radio
program in 1924 known as “The Hour of Prayer”, which initially aired on KGO.
The program resulted in a great deal of support and publicity for the church.
However, after a brief period the show was canceled by KGO, and Phillips
decided that the church should start their own radio station. The church building
was raised and retrofitted to contain the radio station studio and began
broadcasting as KTAB. After additional changes of ownership in the 1930's, the
station was renamed “KSFO” in 1935, becoming one of the most popular and
significant radio stations in Central California for much of the 20th Century.
The property embodies distinctive characteristics of the Mediterranean with
Craftsman style, type and period. Per the Historic Evaluation prepared by
Archaeological Resource Management the structure, the home is a good example
of the Mediterranean Villa style, with additional Craftsman elements.
Section 2 – Designation: The Residence is hereby designated as a Historic Landmark
pursuant to section 13-15.060 of the Saratoga City Code.
Section 3 - Publication: This ordinance or a comprehensive summary thereof shall be
published once in a newspaper of general circulation of the City of Saratoga within thirty
(30) days after its adoption.
Following a duly notice public hearing the foregoing ordinance was introduced and the
first reading was waived at the regular meeting of the City Council of the City of
Attachment A
90
Saratoga held on the 7
th day of April 2021, and was adopted by the following vote
following a second reading on the 21
st day of April 2021:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
YAN ZHAO, MAYOR, CITY OF SARATOGA,
CALIFORNIA
ATTEST:
DATE:
Debbie Bretschneider
CITY CLERK
APPROVED AS TO FORM:
DATE:
Richard Taylor
CITY ATTORNEY
91
RESOLUTION NO. XX-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
APPROVING A MILLS ACT CONTRACT FOR THE PROPERTY LOCATED AT
20280 SARATOGA-LOS GATOS ROAD (APN 517-11-005)
WHEREAS, the City of Saratoga City Council recognizes the importance of preserving
historic resources in the community and the need to enhance and maintain the unique character of the
historic resources; and
WHEREAS,the City of Saratoga City Council has chosen to participate and support the Mills
Act Property Tax Abatement Program in accordance with California Constitution, Article XIII, section
8, California Government Code sections 50280-50290, and California Revenue and Taxation Code
sections 439-439.4; and
WHEREAS,the City of Saratoga City Council finds that entering Mills Act agreements for
historic properties is consistent with the City of Saratoga Heritage Preservation Code Chapter 13, and
the General Plan Open Space and Conservation Element Goal OSC 14, “through coordination with and
implementation of other related General Plan Policies, encourage preservation of the City’s heritage by
providing for the protection of irreplaceable historic and cultural resources representing significant
elements of City and regional history”; and
WHEREAS,the City Council has introduced an ordinance designating the residence located at
20280 Saratoga-Los Gatos Road as a Historic Landmark (the “Ordinance”) and therefore the
preservation of the property as a historic resource is of utmost importance.
NOW, THEREFORE, BE IT RESOLVED by the City Council of City of Saratoga that it authorizes
the City Manager, following the effective date of the Ordinance, to enter into a Mills Act agreement
for the property located at 20280 Saratoga-Los Gatos Road designating the property as a Historic
Landmark and to take other actions as needed in connection with the property’s participation in the
Mills Act program. No later than 20 days after the contract has been signed by both parties the City
Clerk shall record the contract with the County Recorder.
The above and foregoing Resolution was passed and adopted at a regular meeting of the City Council
of the City of Saratoga held on the 7
th day of April 2021 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
Attachment B
92
2 of 2
ATTEST:
DATE:
Debbie Bretschneider, City Clerk
Attachment B - Resolution for Mills Act(1351628.1).doc
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Page 1 of 16
Recording Requested by:
City Clerk
City of Saratoga, California
When Recorded, Mail to:
Office of the City Clerk
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
Form per Gov't Code Section 27361.6 [SPACE ABOVE THIS LINE FOR RECORDER'S USE]
MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT
This Agreement, ("Agreement"), is made and entered into this 21st day of May, 2021 by and
between, Bijoy Bose ("Owner"), Owner of the real property described below, and the City of
Saratoga, California, a municipal corporation, ("City"). City and Owner may be referred to herein
individually as a "Party" or collectively as the "Parties" or the "Parties to this Agreement."
A. Recitals.
(1) California Government Code Section 50280, et seq. authorizes the City to enter into
contracts with owners of qualified historical properties to provide for the use, maintenance, and
restoration of historical properties to retain characteristics of historical significance.
(2) Owner possesses fee title in and to (together with associated structures and
improvements thereon) the real property described in Exhibit A to this Agreement and referenced
herein as the Historic Property. The Historic Property is shown as Assessors' Parcel Number 517-
11-005 on the 2021 Santa Clara County Assessors' Roll and is generally referenced by the following
street address: 20280 Saratoga-Los Gatos in the City of Saratoga, as of the Effective Date.
(3) The Historic Property was designated by the City as a historic landmark by Ordinance
No 377 and the City has determined that this Agreement is necessary to allow the restoration,
rehabilitation, and maintenance of the Historic Property.
(4) City and Owner, for their mutual benefit, now desire to enter into this agreement both to
protect and preserve the characteristics of historical significance of the Historic Property and to
qualify the Historic Property for an assessment of valuation pursuant to Sections 439-439.4 of the
California Revenue and Taxation Code. The Resolution of the City Council approving this
Agreement is attached hereto as Exhibit B.
B. Agreement.
City and Owner, in consideration of the mutual covenants and conditions set forth herein and
the recitals set forth above, do hereby agree as follows:
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Page 2 of 16
(1) Term of Agreement.
(a) This Agreement shall be effective and commence on the date recorded in the Santa Clara
County Recorder’s Office (“Effective Date”) and shall remain in effect for a term of ten (10) years
thereafter.
(b) Each year on the anniversary of the Effective Date ("Renewal Date"), the term of the
Agreement shall be extended by one year unless notice of non-renewal is served as provided herein.
(c) In accordance with Government Code section 50282 if either Owner or City desire in any
year not to renew the Agreement, that Party shall serve on the other Party written notice of non-
renewal. Notice of non-renewal by City shall be filed at least sixty days prior to the Renewal Date.
Notice of non-renewal by Owner shall be filed at least ninety days prior to the Renewal Date. Either
party may protest a notice of non-renewal. A notice of non-renewal may be withdrawn at any time
prior to the Renewal Date by serving the other Party with a notice of withdrawal of the notice of
non-renewal. If a Party serves and does not withdraw a notice of non-renewal the Agreement shall
remain in effect for ten years from the next Renewal Date as stated in this contract.
(2) Condition of Historic Property. The characteristics that contribute to the historic
significance of the Historic Property and the condition of the Historic Property as of the Effective
Date are documented in Exhibit C to this Agreement (“Baseline Conditions”).
(3) Standards for Historical Property. During the term of this Agreement, the Historic
Property shall be subject to the following conditions, requirements, and restrictions:
(a) Owner shall immediately implement the list of goals and general improvement plans for
maintenance, restoration and rehabilitation of the Historic Property as set forth in Exhibit D to this
Agreement (“Restoration Plan”) in order to bring the Historic Property into conformance with the
rules and regulations of the Office of Historic Preservation of the California Department of Parks
and Recreation, the Secretary of the Interior’s Standards for Rehabilitation and the State of
California's Historic Building Code (collectively, the “Applicable Rules”). Thereafter, Owner shall
preserve and maintain the characteristics that contribute to the historic significance of the Historic
Property. This shall include, but not be limited to, maintaining the Historic Property in good repair
and conducting all use, maintenance, repair, restoration, and preservation in accordance with the
Applicable Rules and all other City, State, and Federal laws.
(b) Nothing in this Agreement shall be construed to prevent the ordinary maintenance or
repair of any exterior architectural feature in or on the Historic Property that does not involve a
change in design, material, or external appearance thereof. Nor does this Agreement prevent the
construction, reconstruction, alteration, restoration, demolition, or removal of any such external
architectural feature when the Community Development Director determines that such action is
required for the public safety due to an unsafe or dangerous condition which cannot be rectified
through the use of the California State Historic Building Code and when such architectural feature
can be replaced according to the standards described in subsection (a), above.
(c) The California State Historic Building Code ("SHBC") provides alternative building
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regulations for the rehabilitation, preservation, restoration, or relocation of structures designated as
Historic Properties. The SHBC shall be used in the City’s building permit procedure for the Historic
Property, except as otherwise provided in this agreement or the SHBC. Nothing in this Agreement
shall be deemed to prevent any fire, building, health, or safety official from enforcing laws,
ordinances, rules, regulations, and standards to protect the health, safety, welfare, and property of the
Owner or occupants of the Historic Property or the public.
(d) Owner shall maintain the Historic Property in a manner that does not block the view of
the Historic Property from sites accessible to the public with any new structure, fence, shrubbery, or
other landscaping.
(4) Provision of Information.
(a) Within thirty days of any request, Owner shall furnish City with any and all information
requested by City relevant to this contract to determine compliance with the terms and provisions of
this Agreement.
(b) Owner shall keep and preserve, for at least ten years beyond the term of this Agreement,
all records as may be necessary to determine the eligibility of the property involved, and Owner’s
compliance with the terms and provisions of this Agreement. These records shall include, but not be
limited to photographs, blueprints, permits, historical and/or architectural review approvals. In the
event the Historic Property is sold, the Owner of the property at the time of sale shall transfer all
such records to the new Owner of the Historic Property.
(c) Owner shall submit annually to the Community Development Director a report which
shall specify all work completed during the preceding twelve months to comply with the
requirements of this Agreement and report on such other items as may be specified by the
Community Development Director.
(d) Owner shall allow for periodic examinations, by prior appointment, of the interior and
exterior of the Historic Property by representatives of the County Assessor, State Department of
Parks and Recreation, State Board of Equalization, (collectively the “Interested Agencies”) and/or
the City. The Community Development Director shall determine when periodic examinations by the
City may be necessary to determine the eligibility of the property involved, and to determine
Owner’s compliance with the terms and provisions of this Agreement; these examinations shall take
place not less than once every five years. Examinations by representatives of the Interested
Agencies shall be made as deemed necessary by those agencies.
(5) Cancellation.
(a) CITY, following a duly noticed public hearing as set forth in California Government
Code Section 50285, may cancel this Agreement if it determines one or more of the following:
(i) Owner has breached any of the terms or conditions of this Agreement;
(ii) Owner has allowed the Historic Property to deteriorate to the point that it no
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longer meets the standards of the Applicable Rules or no longer qualifies as a City of
Saratoga historic landmark;
(iii) Owner has allowed the property to deteriorate to the point that it no longer
meets standards as provided for in Chapter 16 of the Saratoga City Code including, but are
not limited to, the Uniform Housing Code, the Uniform Fire Code, and the Uniform Code for
the Abatement of Dangerous Buildings;
(iv) Owner has not complied with other local, state, or federal laws and regulations.
(b) In the event of cancellation, OWNER shall be subject to payment of those cancellation
fees set forth in California Government Code Sections 50280, et seq.
(6) No Waiver of Breach. No waiver by City of any breach under this Agreement shall be
deemed to be a waiver of any other subsequent breach. City does not waive any claim of breach by
Owner if City does not enforce or cancel this Agreement. All other remedies at law or in equity
which are not otherwise provided for under the terms of this Agreement or in the City's laws and
regulations are available to the City.
(7) Enforcement. In lieu of and/or in addition to any provisions to cancel the Agreement,
City may specifically enforce, or enjoin the breach of the terms of this Agreement. In the event of a
default by Owner City shall give written notice of the violation to Owner by registered or certified
mail addressed to the address provided for notice in this Agreement. The violation shall be corrected
to the reasonable satisfaction of City within thirty days of the date the notice is mailed. Where the
violation cannot reasonably be cured within sixty days, actions to cure the violation shall be
commenced within sixty days and pursued diligently to completion within a reasonable period of
time to be determined by the City. If the violation is not timely cured then the City may, without
further notice, declare a default and bring any action necessary to specifically enforce the obligations
of Owner under this Agreement, apply to any state or federal court for injunctive relief or apply for
such other relief as may be appropriate. The City’s right to enforce this Agreement shall in no way
limit or restrict its rights or legal remedies arising under other provisions of local, state, or federal
law, including the historic preservation regulations under the City’s municipal code.
(8) Binding Effect of Agreement.
(a) Owner hereby voluntarily subjects the Historic Property to the covenants, reservations,
and restrictions as set forth in this Agreement. The Parties hereby declare their specific intent and
agreement that all of the agreements, rights, covenants, reservations, and restrictions contained in
this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs,
successors, legal representatives, assigns and all persons acquiring any part or portion of the Historic
Property, whether by operation of law or in any manner pursuant to this Agreement. Each and every
contract, deed, or other instrument hereinafter executed, covering, encumbering, or conveying the
Historic Property, or any portion thereof, shall conclusively be held to have been executed,
delivered, and accepted subject to the covenants, reservations, and restrictions expressed in this
Agreement, regardless of whether such covenants, reservations, and restrictions are set forth in such
contract, deed, or other instrument. Prior to sale of the Historic Property, Owner shall give notice to
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Page 5 of 16
the City.
(b) City and Owner hereby declare their understanding and intent that the burden of the
covenants, reservations, and restrictions set forth herein touch and concern the land in that Owner
has a legal interest in the Historic Property and this Agreement relates to and affects the use of the
Historic Property.
(c) City and Owner hereby further declare their understanding and intent that the benefit of
such covenants, reservations, and restrictions touch and concern the land by enhancing and
maintaining the historic characteristics and significance of the Historic Property for the benefit,
which includes, but is not limited to the benefit to the public street named in the recitals to this
Agreement, City, residents of City and of the State of California, and Owner.
(9) Notice.
(a) Any notice required to be given by the terms of this Agreement shall be provided at the
address of the respective parties as specified below or at any other address as may be later specified
by the parties hereto.
CITY: City of Saratoga
Attn: City Clerk
13777 Fruitvale Avenue
Saratoga, CA 95070
OWNER: Bijoy Bose
20280 Saratoga-Los Gatos Road
Saratoga, CA 95070
(10) No Partnership or Joint Enterprise Created. None of the terms, provisions, or
conditions of this Agreement shall be deemed to create a partnership between the parties hereto and
any of their heirs, successors, or assigns; nor shall such terms, provisions, or conditions cause them
to be considered joint ventures or members of any joint enterprise.
(11) Hold Harmless and Indemnification. Owner agrees to protect, defend, hold harmless
and indemnify City, its City Council, commissions, officers, agents, and employees from and against
any claim, injury, liability, loss, cost, and/or expense or damage, however same may be caused,
including all costs and reasonable attorney's fees in providing a defense to any claim arising there
from for which Owner shall become legally liable arising from Owner’s acts, errors, or omissions
with respect to or in any way connected with the prosecution of the work performed by Owner
pursuant to this Agreement. This hold harmless provision applies to all damages and claims for
damages suffered, or alleged to have been suffered, by reason of the conduct referenced in this
Agreement regardless of whether City prepared, supplied, or approved any plans, specifications,
other documents, or any proposed conduct relating to the Historic Property.
(12) Attorneys' Fees. In the event legal proceedings are brought by any Party or Parties to
enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein,
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or to determine the rights and duties of any Party hereunder, each party in the proceedings shall pay
its own attorney's fees.
(13) Recordation and Notice. No later than twenty (20) days after the parties execute and
enter into this Agreement, City shall cause this Agreement to be recorded in the office of the County
Recorder of the County of Santa Clara. Owner shall provide written notice of this agreement to the
Office of Historic Preservation of the Department of Parks and Recreation no later than six (6)
months of entering into this Agreement and shall provide the City with a copy of such notice at the
time it is filed.
(14) Fees. The Community Development Director may assess and Owner shall pay such
Mills Act Historic Property Contract fees for the administration of this Agreement as may be
authorized from time to time by the City Council.
(15) Severability. If any section, sentence, clause, or phrase of this Agreement is, for any
reason, held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, or
by subsequent preemptive legislation, such decision shall not affect the validity and enforceability of
the remaining provisions, or portions of this Agreement, and shall not be affected thereby. City and
Owner hereby declare that each would have approved and accepted this Agreement, and each
section, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.
(16) Integrated Agreement - Totality of Agreement. This Agreement embodies the
agreement between City and Owner and its terms and conditions. No other understanding,
agreements, or conversations, or otherwise, with any officer, agent, or employee of City prior to
execution of this Agreement shall affect or modify any of the terms or obligations contained in any
documents comprising this Agreement. Any such verbal agreement shall be considered as unofficial
information and in no way binding upon City. All Exhibits to this Agreement are hereby
incorporated and made a part of this Agreement.
(17) Captions. The captions of the various sections, paragraphs and subparagraphs are for
convenience only and shall not be considered or referred to in resolving questions of interpretation.
(18) Governing Statutes and Law. This Agreement shall be governed and construed in
accordance with the statutes and laws of the State of California.
(19) Amendments. This Agreement may be amended, in whole or in part, only by a written
recorded instrument executed by the parties hereto.
IN WITNESS WHEREOF, CITY and OWNER have executed this Agreement on the day
and year first written above.
CITY OF SARATOGA, CALIFORNIA, a California municipal corporation
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Page 7 of 16
____________________________
JAMES LINDSAY
CITY MANAGER
Address:
13777 Fruitvale Avenue
Saratoga, CA 95070
Telephone: (408) 868-1222
Fax Number: (408) 868-8555
ATTEST:
____________________________
Debbie Bretschneider
CITY CLERK
Approved as to Form:
_____________________________
RICHARD TAYLOR
CITY ATTORNEY
OWNER [Notarized Signature(s) Required]
By: _____________________________
Bijoy Bose
Name: Bijoy Bose
Title: Property Owner
Local Address: 20280 Saratoga-Los Gatos Road, CA 95070
Telephone: (650)793-2330
Exhibit List
Exhibit A – Legal Description of Historic Property
Exhibit B – City Council Resolution Approving Agreement
Exhibit C – Baseline Conditions of Historic Property
Exhibit D – Restoration Plan
100
Exhibit A
The Historic Property that is the subject of this Agreement is the real property described below
including all structures and improvements thereon:
Beginning at a point on the Southwesterly line of the Saratoga and Los Gatos Road at the most
Easterly come of that certain Parcel of land conveyed by T.S. Montgomery and Louise T.
Montgomery, his wife, to Sheldon P Patterson by Deed dated February 19, 1913 and recorded March
1, 1913 In the office of County Recorder of the County of Santa Clara, State of California, in Uber
398 of Deeds, Page 563; thence running S. 43° 55' E. and along the Southwesterly line of said
Saratoga and Los Gatos Road, 100 feet; thence running S 45° 31' W. and parallel with the
Southeasterly line of said land so conveyed to Sheldon P. Patterson, 320.51 feet; thence running N.
43° 55' W. and parallel with the Southwesterly line of the Saratoga and Los Gatos Road, 100 feet to
the most Southerly corner of said Parcel of land so conveyed to Sheldon P. Patterson; thence running
N.45° 31 E. and along the Southeasterly line of said Parcel of Land, 320.51 feet to the point of
beginning, and being a portion of the Quito Rancho.
APN: 517-11-005
Property commonly known as: 20280 Saratoga-Los Gatos Road, Saratoga, CA 95070
101
Exhibit B
RESOLUTION NO.
APPROVING MILLS ACT CONTRACT
[Begins on following page.]
102
Exhibit C
1. NAME OF PROPOSED MONUMENT: Seven Oaks
2. ADDRESS: 20280 Saratoga-Los Gatos Road, Saratoga, CA 95070
3. ASSESSOR’S PARCEL NUMBER: 517-11-005
COMPLETE LEGAL DESCRIPTION:
The land referred to herein below is situated in the City of Saratoga, County of Santa Clara, State
of California and is described as follows:
Beginning at a point on the Southwesterly line of the Saratoga and Los Gatos Road at the most
Easterly come of that certain Parcel of land conveyed by T.S. Montgomery and Louise T.
Montgomery, his wife, to Sheldon P Patterson by Deed dated February 19, 1913 and recorded
March 1, 1913 In the office of County Recorder of the County of Santa Clara, State of
California, in Uber 398 of Deeds, Page 563; thence running S. 43° 55' E. and along the
Southwesterly line of said Saratoga and Los Gatos Road, 100 feet; thence running S 45° 31' W.
and parallel with the Southeasterly line of said land so conveyed to Sheldon P. Patterson, 320.51
feet; thence running N. 43° 55' W. and parallel with the Southwesterly line of the Saratoga and
Los Gatos Road, 100 feet to the most Southerly corner of said Parcel of land so conveyed to
Sheldon P. Patterson; thence running N.45° 31 E. and along the Southeasterly line of said Parcel
of Land, 320.51 feet to the point of beginning, and being a portion of the Quito Rancho.
APN: 517-11-005
Property commonly known as: 20280 Saratoga-Los Gatos Road, Saratoga, CA 95070
4. RANGE OF ADDRESSES: 20280 Saratoga-Los Gatos Road
5. PRESENT OWNERS: Bijoy Bose
6. OWNERSHIP: Private
7. PRESENT AND ORIGINAL USE: Single Family Residential
8. ARCHITECTURAL STYLE: Mediterranean with Craftsman style
9. PRESENT PHYSICAL DESCRIPTION: The property was placed on the Heritage
Resource Inventory in 1991. The property qualifies for historical landmark designation under
103
criteria b and c for its association with Reverend George W. Phillips and the Mediterranean
Villa architectural style, with additional Craftsman elements.
The original owners and builders of the house on this property are not known, the home was
built circa 1920. The property was purchased in 1929 by George P. and Ethna Peterson who
lived there until 1946. The next known occupant of the property was the Reverend Dr.
George W. Phillips and Cora Jane Phillips. Both George and Cora Phillips are buried at the
nearby Madronia Cemetery in Saratoga.
In the 1920's George Phillips was a minister at the Tenth Avenue Baptist Church. He began a
radio program in 1924 known as “The Hour of Prayer”, which initially aired on KGO. The
program resulted in a great deal of support and publicity for the church. However, after a
brief period the show was canceled by KGO, and Phillips decided that the church should
start their own radio station. The church building was raised and retrofitted to contain the
radio station studio and began broadcasting as KTAB. After additional changes of ownership
in the 1930's, the station was renamed “KSFO” in 1935, becoming one of the most popular
and significant radio stations in Central California for much of the 20th Century.
More recent owners of the property include the Collins and Harkness families. The home is
currently owned by Bijoy Bose, who purchased the property in January of 2021.
Per the Historic Evaluation prepared by Archaeological Resource Management (Attachment
E), the structure appears to retain its eligibility for listing on the Heritage Resource Inventory
and is eligible for consideration for a Mills Act contract. The home is a good example of the
Mediterranean Villa style, with additional Craftsman elements. The roof is moderately
pitched and cross-gabled, surfaced with composition shingles. The eaves are somewhat
broad and open, with exposed rafters. The rafters are heavy and carved, as are the decorative
braces beneath the gables. Projecting half-cylindrical decorative vents are centrally placed
below the two front gables. Exterior walls are surfaced with stucco, painted light gray.
Fenestration is primarily wooden framed and multi-paned, with a combination of arched half
round and rectangular windows, primarily in a casement configuration. On the front facade,
the windows feature carved lintels and are separated by decorative pilasters. The front entry
is centrally placed between the two front gabled wings. The front door features multi-paned
glass and is arched, surrounded by a decorative arched pediment and flanked by intricately
carved pilasters. The entry is topped by a shallow rounded “eyebrow” arch gable. Access to
the front entry is provided by a concrete porch, which is semi-enclosed by a series of low
concrete piers connected by decorative iron railing.
10. CONSTRUCTION DATE: Circa 1920
11. ARCHITECT, DESIGNER, OR ENGINEER: Unknown
12. CONTRACTOR/BUILDER: Unknown
104
13. PHOTOGRAPHS:
14. CONDITION: Excellent with its age. Estimated maintenance and preservation costs are
$321,500 over the course of ten years.
15. ALTERATIONS: The home was constructed circa 1920. An addition to the central portion
of the rear of the home was made in 1975, enclosing the rear courtyard. In 1980 the home
was damaged in a fire, and repairs were made by Raye Company for fire damage and to
remodel the kitchen at that time (1980). Additional permitted modifications to the residence
include reroofing of the home (1987) an additional kitchen remodel in (1997) replacement of
the furnace (2001), replacement of the water heater (2007), and another reroofing (2013).
The majority of the fenestration throughout the residence appears non-original, however it is
largely appropriate to the original character of the home. The detached garage is constructed
in a similar (albeit simpler) style to the primary residence. This structure appears to be of
more recent construction than the primary and a lean-to workshop addition to the rear.
16. THREATS TO THE SITE: The site is located on Saratoga-Los Gatos Road and is in an
area where homes have been demolished and rebuilt.
17. STATEMENT OF SIGNIFICANCE:
Seven Oaks is listed on the Saratoga Heritage Resource Inventory (HP 91-01). It qualified
under Criteria (c) and (e). Criteria (c) states the property embodies distinctive characteristics
of the Mediterranean with Craftsman Style, type, and period. Criteria (e) states the property
embodies unique physical characteristics and represent an established and and familiar visual
feature of a neighborhood.
18. SOURCES: Department of Parks and Recreation Primary Record for 20280 Saratoga-Los
Gatos which is part of the City of Saratoga Heritage Resource Inventory.
105
19. PREPARER: Nicole Johnson, City of Saratoga, 13777 Fruitvale Avenue, Saratoga, CA
95070
106
Exhibit D
Year Work Plan Cost Estimate
Year-1 Seismic Retrofit main house 7000
Foundation settling and cracks repair 8000
Asbestos Cleanup from Crawl Space - as needed 6000
Termite tenting and treatment as needed 2000
Broken Concrete Walkway Repair 2500
Remove and replace dry rot 5000
Roof and gutter cleaning before rains 250
Furnace maintenance before winters 250
Paver algae cleanup 250
Remove dead bushes 500
Yearly Landscape Maintenance, tree trimming 2500
Exterior Paint Inspection 2000
Year-2 convert the 2 separate units above garage to one (dependent on
permitting)
75000
Replace gutters, rainwater leaders- garage 2500
Paint garage exterior and interior 3000
Site drainage 8000
Grading for paver settlement repair 8000
Addition of laundry and Powder room inside the house 20000
Bathroom reconfiguration and resurfacing and new water efficient
fixtures
30000
Roof and gutter cleaning before rains 250
Yearly Landscape Maintenance, tree trimming 2500
Year-3 Upgrade electrical meter at main house 2000
grounding of all electrical outlets at main house 3000
New sub panel and breakers 2500
Cameras and low voltage for landscape 3000
Roof and gutter cleaning before rains 250
Furnace maintenance before winters 250
Yearly Landscape Maintenance, tree trimming 2500
Year-4 new min 4" Sewer line 10000
Repair / replace damaged arch door to match existing 2500
Roof and gutter cleaning before rains 250
Furnace maintenance before winters 250
107
Yearly Landscape Maintenance, tree trimming 2500
Remove dead bushes 500
Year -5 Exterior wood trim, railings, repair and replace as needed 5000
Furnace maintenance before winters 250
Yearly Landscape Maintenance, tree trimming 2500
Attic Cleanup, Rodent Proofing and Insulation -as needed 5000
Exterior Paint Inspection 2000
Termite Inspection 1000
Year-6 Interior Trims and woodwork stain and repair 5000
Roof and gutter cleaning before rains 250
Furnace maintenance before winters 250
Yearly Landscape Maintenance, tree trimming 2500
Copper plumbing main house 15000
Year-7 Repair and replace windows with similar materials as needed 15000
Realign doors 5000
Repaint railings 2000
Roof and gutter cleaning before rains 250
Furnace maintenance before winters 250
Yearly Landscape Maintenance, tree trimming 2500
Year-8 Concrete walkway maintenance 3000
Fence restore and replace as needed 2000
Landscape lights, sprinklers etc repair as needed for maintenance 2000
Roof and gutter cleaning before rains 250
Furnace maintenance before winters 250
Yearly Landscape Maintenance, tree trimming 2500
Hardwoord refinish 10000
Interior painting of main house 3000
Year-9
Roof and gutter cleaning before rains 250
Front Gate Restoration 6000
Furnace maintenance before winters 250
Yearly Landscape Maintenance, tree trimming 2500
Year-10 Mature tree trimming 4000 Remove dead bushes 500
Paver algae cleanup 250
108
Roof and gutter cleaning before rains 250
Furnace maintenance before winters 250
Yearly Landscape Maintenance, tree trimming 2500
Exterior Paint Inspection 2000
Termite Inspection 1000
Attachment C- Mills Act Historic Property Preservation Agreement(1351630.1).doc
109
Mount Diablo
State of California - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
PRIMARY RECORD
NRHP Status Code
4of Seven Oaks*Resource Name or #
HP-91-01 P1. Other identifier:
*P2. Location:
Santa Clara County*a. County
Cupertino*b. USGS 7.5' Quad 1980 Photorevised .8 S.T .2 W.R
Saratoga-Los Gatos Rd. c. Address:SaratogaCity 95070Zip
10S d. UTM:(give more than one for large and/or linear resources) Zone mE/mN
southwest side of Saratoga-Los Gatos Road southeast of Aloha Avenue.
e.Other Locational Data: (e.g., parcel #, directions to resource, elevation, etc., as appropriate)
(Assigned by recorder):
and (P2b and P2c or P2d. Attach a location map as necessary.)
;;
;
This house is not clearly visible from the public right-of-way. City records indicate that it
is a one-story stucco Mediterranean villa that is formed of two large gabled bays flanking the
central entry wing. The arched front door features multi-paned glass with an arched top; this
arch is echoed in a wooden pediment directly above the door, and by an eyebrow gable set into
the hipped roof above the pediment. The door is approached by a concrete stoop with a low
railing of cement piers connected by an iron railing; the porch is reached by stairs on the
right (north) paralleling the front of the house. The left bay of the house contains a
tripartite arched French doors similar to the front door. The right bay features three paired
units of small-paned casements. There appear to be vents within the gables, which are screened
by turned posts curving out to resemble miniature balconies. The house sits in attractive
landscaping sloping up from the road and divided diagonally by a wide drive.
*P3a. Description: (Describe resource and its major elements, include design, material, condition, alterations, size, setting, and boundaries)
HP2. Single family property*P3b. Resource Attributes: (List attributes and codes)
Building Structure Object Site District Element of District Other (Isolates, etc.)*P4. Resources Present:
None
Location Map
Sketch Map
Continuation Sheet
Building, Structure, and Object Record
Archaeological Record
District Record
Linear Feature Record
Milling Station Record
Rock Art Record
Artifact Record
Photograph Record
Other (List):
*Attachments:
Archives & Architecture: City of Saratoga Statement of Historic Context, 2009.
*P11. Report Citation: (Cite survey report and other sources, or enter "none".)
View facing south, July 2009.
P5b.Description of Photo:
(View, date, accession #)
Historic Prehistoric Both
*P6. Date Constructed/Age and Source:
Helen Abruzzini Trust et al
20280 Saratoga-Los Gatos Rd.
Saratoga CA 95070
*P7. Owner and Address:
Archives & Architecture, LLC
PO Box 1332
San Jose, CA 95109
*P8. Recorded By: (Name,
affiliation, and address)
10/26/09*P9. Date Recorded:
Reconnaissance
*P10. Survey Type: (Describe)
c1920, 89 years old.
* Required InformationDPR 523A (1/95)
Not for Publication Unrestricted
1
517-11-005APN#
B.M.
F. Maggi, L. Dill, & J. Kusz
Date
Primary #
HRI #
Trinomial
Other Listings
Review Code Reviewer Date
Page
20280
110
State of California - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
BUILDING, STRUCTURE, AND OBJECT RECORD
5S3*NRHP/CRHR Status Code
Seven OaksResource Name (Assigned by recorder)
4of
Seven Oaks B1. Historic Name:
20280 Saratoga-Los Gatos Rd. B2. Common Name:
Single family residential B3. Original Use:Single family residentialB4. Present Use:
Mediterranean w/Craftsman details*B5. Architectural Style:
Constructed circa 1920.
*B6. Construction History: (Construction date, alterations, and date of alterations)
No Yes Unknown*B7. Moved?n/aDate:n/aOriginal Location:
None known.
*B8. Related Features:
Unknown B9a. Architect:Unknownb. Builder:
Architecture and Shelter*B10. Significance: Theme Glen UnaArea:
c1920Period of Significance:ResidentialProperty Type:NoneApplicable Criteria:
(Discuss importance in terms of historical or architectural context as defined by theme, period and geographic scope. Also address integrity.)
Seven Oaks is listed on the Saratoga Heritage Resources Inventory, included as a part of
HP-91-01. It qualified under Criteria c and e:
c) the property embodies distinctive characteristics of the Mediterranean with Craftsman style, type
and period; and
e) the property embodies unique physical characteristics that represent an established and familiar
visual feature of a neighborhood.
Seven Oaks may also be eligible for the California Register of Historical Resources under
Criterion (3), as the house may embodies the distinctive characteristics of the Mediterranean
Villa house-type within Saratoga's City of Homes period.
(Continued on page 4, DPR523L)
DPR 523B (1/95)*Required Information
B11. Additional Resource Attributes: (list attributes and codes)
Saratoga Heritage Preservation Commission, Historic
Resources Inventory form, 1989.
*B12. References:
Listed Heritage ResourceB13. Remarks:
Franklin Maggi*B14. Evaluator:
October 26, 2009*Date of Evaluation:
(Sketch Map with north arrow required.)
(This space reserved for official comments.)
2
None
Primary #
HRI #
Page
111
State of California - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
LOCATION MAP
4of
DPR 523J (1/95)*Required Information
* Map Name:Multiple n.t.s.* Scale:Varies* Date of Map:
Seven Oaks*Resource Name or #(Assigned by recorder)3
Primary #
HRI #
Trinomial
Page
112
State of California - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
CONTINUATION SHEET
4of
DPR 523L (1/95)*Required Information
(Continued from page 2, DPR523b, B10)
Historical Background
The original owners and builders of the house on this property are not known. The property was
purchased in 1929 by the Peterson family who lived there until 1946. It is believed that this
was George P. and Ethna Peterson, who lived in San Jose in the Naglee Park neighborhood in
1930, but who likely relocated to Saratoga-Los Gatos Road shortly after. George was a truck
salesman, born about 1882 in Sweden. His California-born wife Ethna was born in 1893, and the
Petersons were married in 1919. By 1930, they had one child, Marcia.
The property was later occupied by Dr. George W. Phillips, a minister and early "fire and
brimstone" radio preacher in Oakland for KTAB (Tenth Avenue Baptist Church), which later became
station KSFO. Dr. Phillips occasionally filled in at the pulpit at the Saratoga Federated
Church during the 1940's. The house was then owned by the Collins and Harkness families.
Integrity
The integrity of this property cannot be determined for this survey.
George P. and Ethna Peterson
* Recorded By F. Maggi, L. Dill, & J. Kusz
Seven Oaks*Resource Name or #(Assigned by recorder)
Continuation Update10/26/2009* Date
Primary #
HRI #
Trinomial
Page 4
113
Archaeological Resource Management
Robert R. Cartier, Ph.D.
496 North 5th Street
San Jose, CA 95112
Telephone (408) 295-1373
Fax (408) 286-2040
email: armcartier@netscape.net
Mr. Bijoy Bose February 18, 2021
20280 Saratoga-Los Gatos Road
Saratoga, CA 95070
RE: HISTORIC EVALUATION OF THE STRUCTURE AT 20280 SARATOGA-LOS
GATOS ROAD IN THE CITY OF SARATOGA
Dear Mr. Bose,
As per your request, our firm carried out an historic review of the structure at 20280 Saratoga-
Los Gatos Road in the City of Saratoga, known as Seven Oaks. This assessment evaluates the
home for eligibility for the Mills Act. The property includes a single story residence, constructed
in 1916, as well as a detached garage with two ancillary living units above it. The structure is not
currently listed on the National Register of Historic Places (NRHP), or the California Register of
Historical Resources (CRHR). However, the structure is currently listed on the City of Saratoga
Heritage Resources Inventory. The period of significance for local designation is the City of
Homes era (1904–1941). In addition, it appears to be potentially eligible for listing in the CRHR.
It is potentially eligible under Criterion 2, for its association with the Reverend Dr. George W.
Phillips, a locally prominent radio preacher and founder of KTAB radio station, later to become
KSFO. It is also potentially eligible under Criterion 3, as an example of the Mediterranean style
of architecture with Craftsman elements.
Physical Description
The residence at 20280 Saratoga-Los Gatos Road is a single story Mediterranean style residence
with Craftsman elements. The structure is set well back from the street behind a full height wall
with an iron gate, and is largely obscured from Saratoga-Los Gatos Road.
The roof is moderately pitch and cross-gabled, surfaced with composition shingles. The eaves
are somewhat broad and open, with exposed rafters. The rafters are heavy and carved, as are the
decorative braces beneath the gables. Projecting half-cylindrical decorative vents are centrally
placed below the two front gables.
Exterior walls are surfaced with stucco, painted light gray. Fenestration is primarily wooden
framed and multi-paned, with a combination of arched half round and rectangular windows,
primarily in a casement configuration. On the front facade,the windows feature carved lintels
and are separated by decorative pilasters.
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The front entry is centrally placed between the two front gabled wings. The front door features
multi-paned glass and is arched, surrounded by a decorative arched pediment and flanked by
intricately carved pilasters. The entry is topped by a shallow rounded “eyebrow” arch gable.
Access to the front entry is provided by a concrete porch, which is semi-enclosed by a series of
low concrete piers connected by decorative iron railing.
The interior of the home is in good condition, but is somewhat modified from its original form.
All bathrooms and the kitchen feature modern fixtures.
The property features extensive formal landscaping, and includes a large circular brick-lined
courtyard to the rear of the residence, centered within which is a decorative fountain.
Adjacent to the residence is a detached garage, which echoes the style of the home, but appears to
be of a somewhat later chronology. This structure features a side gabled roof above the garage,
topped by a 2
nd story consisting of two ancillary living units capped with a front gabled roof. The
roof is surfaced with composition shingles. The eaves are open with exposed rafters.
Fenestration is primarily aluminum framed, with multi-paned arched windows imitating those of
the primary residence.
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Figure 1: The residence at 20280 Saratoga-Los Gatos Road
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Construction History
Based upon County of Santa Clara Appraiser’s records, the primary residence at 20280 Saratoga-
Los Gatos Road was originally constructed in 1916. An addition to the central portion of the
rear of the home was made in 1975, enclosing the rear courtyard. In 1980 the home was
damaged in a fire, and repairs were made by Raye Company for fire damage and to remodel the
kitchen at that time (Permit #8575, dated March 20, 1980). Additional permitted modifications
to the residence include reroofing of the home in 1987 by SunValley (Permit #25716 dated
March 17, 1987), an additional kitchen remodel in 1997 (Permit #970113 dated February 4,
1997), replacement of the furnace in 2001 (Permit #AP01-0063 dated February 28, 2001,
replacement of the water heater in 2007 (Permit #0700000566 dated May 9, 2007), and another
reroofing in 2013 (Permit #13-1278 dated August 19, 2013). The majority of the fenestration
throughout the residence appears non-original, however it is largely appropriate to the original
character of the home. The detached garage is constructed in a similar (albeit simpler) style to the
primary residence. This structure appears to be of more recent construction than the primary
structure, and has been extensively remodeled with the addition of two living units above, and a
lean-to workshop addition to the rear.
Historic Background
The subject property is located within the Quito Rancho, originally granted to Jose Noriega and
Jose Zenon Fernandez in 1841. By 1876 the property made up a portion of the 720 acre lands of
E. H. Nordgren. By 1890, then approximately 25 acres, the property was owned by W. C.
Palmer. Based upon County of Santa Clara Appraiser's Property records, the residence at 20280
Saratoga-Los Gatos Road was constructed in 1916. The earliest owners of the residence are
unknown, however in 1929 the property was purchased by George P. and Ethna Peterson, who
owned the property until 1946. Based upon 1940 U.S. Census Records, George was born circa
1882 in Sweden. His wife Ethna ( A.K.A. Ethera) Peterson was born in California circa 1893.
The Petersons were married in 1919, and had a 15 year old daughter, Marcia Peterson. A
servant, Ellen A. Bergren, is also listed as a member of their household in 1940 Census records.
George was employed as a truck salesman. The Petersons would later (in 1950) purchase the
historic Dyer House and surrounding property, now a part of Sanborn County Park (County of
Santa Clara Parks 2019).
The next known occupant of the property was the Reverend Dr. George W. Phillips (Maggi
2009). Phillips was born on February 18, 1879 in Westmoreland Jamaica, and died on February
22, 1972, aged 93. He was married to Cora Jane Phillips (nee Handy). Cora was born on May
11, 1886 in Iowa, she died on June 29, 1966. Both George and Cora Phillips are buried at the
nearby Madronia Cemetery in Saratoga.
In the 1920's George Phillips was a minister at the Tenth Avenue Baptist Church. He began a
radio program in 1924 known as “The Hour of Prayer”, which initially aired on KGO. The
program resulted in a great deal of support and publicity for the church. However, after a brief
period the show was canceled by KGO, and Phillips decided that the church should start their
own radio station.
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The idea was approved by the church board of directors and funded by the congregation. The
church building was raised and retrofitted to contain the radio station studio, and began
broadcasting as KTAB (for Tenth Avenue Baptist). Although a popular success, the radio
became a financial burden on the church, and in 1928 the radio license and all equipment were
leased to the Pickwick Corporation. However, the church retained a small number of hours of
programming a week, and six hours on Sundays, including Phillips “Hour of Prayer.” After
additional changes of ownership in the 1930's, the station was renamed “KSFO” in 1935,
becoming one of the most popular and significant radio stations in Central California for much of
the 20th Century.
More recent owners of the property include the Collins and Harkness families. The home is
currently owned by Bijoy Bose, who purchased the property in January of 2021.
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Figure 2: The Reverend George W. Phillips.
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Figure 3: Phillips broadcasting “The Hour of Prayer” at KTAB, 1925.
Figure 4: Volume 1 of the published series of
“Hour of Prayer” sermons, 1928.
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Figure 5: Obituary of Cora Jane Phillips, Oakland Tribune, July 10,
1966.
Figure 6: Gravestone of George W. and Cora Jane Phillips,
Madronia Cemetery
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California Register of Historic Resources Criteria
A cultural resource is considered "significant" if it qualifies as eligible for listing in the
California Register of Historic Resources (CRHR). Properties that are eligible for listing in the
CRHR must meet one or more of the following criteria:
1. Association with events that have made a significant contribution to the broad
patterns of local or regional
history or the cultural heritage of California or the United States;
2. Association with the lives of persons important to local, California, or
national history;
3. Embodying the distinctive characteristics of a type, period, region, or method
of construction, or representing the work of a master, or possessing high
artistic values; or
4. Has yielded, or has the potential to yield, information important to the
prehistory or history of the local area, California, or the nation.
A property may be automatically listed in the CRHR if it is formally determined eligible for the
National Register of Historic Places. Properties that are formally determined eligible for the
NRHP are those that are designated as such through one of the federal preservation programs
administered by the California Office of Historic Preservation (i.e., the National Register, Tax
Certification, and Section 106 review of federal undertakings).
The CRHR interprets the integrity of a cultural resource based upon its physical authenticity. An
historic cultural resource must retain its historic character or appearance and thus be recognizable
as an historic resource. Integrity is evaluated by examining the subject's location, design, setting,
materials, workmanship, feeling, and association. If the subject has retained these qualities, it
may be said to have integrity. It is possible that a cultural resource may not retain sufficient
integrity to be listed in the National Register of Historic Places yet still be eligible for listing in
the CRHR. If a cultural resource retains the potential to convey significant historical/scientific
data, it may be said to retain sufficient integrity for potential listing in the CRHR.
The property at 20280 Saratoga-Los Gatos Road is not currently listed on the CRHR. However,
the structure appears to be potentially eligible for listing in this register. The property is not
associated with significant historic events, thus it does not appear to be eligible for listing under
criterion 1. The structure is associated with the Reverend Dr. George W. Phillips, a minister of
local historic significance as the founder of KTAB radio, later to become KSFO. Thus the
residence appears to be potentially eligible for listing under criterion 2. The structure is a good
example of the Mediterranean Villa style, with additional Craftsman elements, thus it appears to
be potentially eligible for listing under criterion 3. The structure does not appear likely to yield
important historical information. Thus it does not appear eligible for listing under criterion 4.
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National Register Criteria
The National Register of Historic Places was first established in 1966, with major revisions in
1976. The register is set forth in 36 CFR 60 which establishes the responsibilities of the State
Historic Preservation Officers (SHPO), standards for their staffs and review boards, and
describes the statewide survey and planning process for historic preservation. Within this
regulation guidelines are set forth concerning the National Register of Historic Places (36 CFR
60.6). In addition, further regulations are found in 36 CFR 63-66, 800, and Bulletin 15 which
define procedures for determination of eligibility, identification of historic properties, recovery,
reporting, and protection procedures. The National Register of Historic Places was established to
recognize resources associated with the accomplishments of all peoples who have contributed to
the country's history and heritage. Guidelines were designed for Federal and State agencies in
nominating cultural resources to the National Register. These guidelines are based upon integrity
and significance of the resource. Integrity applies to specific items such as location, design,
setting, materials, workmanship, feeling, and association. Quality of significance in American
history, architecture, archaeology, engineering and culture is present in resources that possess
integrity of location, design, setting, materials, workmanship, feeling, and association, and meet
at least one of the following criteria:
a. that are associated with events that have made a significant contribution to broad
patterns of our history;
b. that are associated with the lives of persons significant in our past;
c. that embody distinctive characteristics of type, period, or method of
construction, or that represent the work of master, or that possess high artistic
values, or that represent a significant and distinguishable entity whose
components may lack individual distinction;
d. that have yielded, or are likely to yield, information important in prehistory or
history.
Integrity is defined in Bulletin 15: How to Apply the National Register Criteria for Evaluation,
(U.S. Department of the Interior, National Park Service 1982) as:
the authenticity of a property's historic identity, evidenced by the survival of
physical characteristics that existed during the property’s historic or prehistoric
period. If a property retains the physical characteristics it possessed in the past
then it has the capacity to convey association with historical patterns or persons,
architectural or engineering design and technology, or information about a culture
or peoples.
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There are also seven aspects of integrity which are used. These aspects are:
1. location 5. workmanship
2. design 6. feeling
3. setting 7. association
4. materials
The property at 20280 Saratoga-Los Gatos Road is not currently listed on the National Register
of Historic Places. In addition, the structure does not appear to be potentially eligible for listing
in this register. The structure is not associated with significant historical events. Thus it does not
appear to be potentially eligible for listing under criterion a. Although the structure is associated
with the Reverend Dr, George W, Phillips, a figure of some local historic significance, this
association does not appear to be strong enough to be potentially eligible for listing under
criterion b. The structure is an example of the Mediterranean Style, with some Craftsman
elements, however it does not appear to be a significant enough example of this style to warrant
inclusion in the National Register under Criterion c. The structure does not appear to be likely to
yield information important in prehistory or history, thus it does not appear to qualify as
potentially eligible under criterion d. In addition, the structure has been somewhat modified
from its original form, with an addition and other changes to the residence.
City of Saratoga Heritage Resources Inventory
Heritage Resources are designated in Saratoga by the City Council following recommendation
from the Heritage Preservation Commission. The designation may be for a historic landmark,
heritage lane or historic district if it satisfies any two or more of the adopted criteria, and also
retains a substantial degree of architectural and structural integrity with respect to the original
design, as determined by the Heritage Preservation Commission:
a) The property exemplifies or reflects special elements of the cultural, social,
economic, political, aesthetic, engineering or architectural history of the City, the
County, the State or the nation; or
b) The property is identified with persons or events significant in local, county,
state or national history; or
c) The property embodies distinctive characteristics of a style, type, period or
method of construction, or is a valuable example of the use of indigenous
materials or craftsmanship; or
d) The property is representative of the notable design or craft of a builder,
designer, or architect; or
e) The property embodies or contributes to unique physical characteristics
representing an established and familiar visual feature of a neighborhood or
district within the City; or
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f) The property represents a significant concentration or continuity of site,
buildings, structures or objects, unified by past events or aesthetically by plan or
physical or natural development; or
g) The property embodies or contributes to a unique natural setting or environment
constituting a distinct area or district within the City having special character or
special historical, architectural or aesthetic interest or value
The structure at 20280 Saratoga-Los Gatos Road is currently listed in the City of Saratoga
Heritage Resource Inventory, under Criteria c and e, and was originally listed in 1989. In 2009
the Department of Parks and Recreation (DPR) forms were completed for the property by
Archives & Architecture (Maggi, F. et al 2009). Based upon the results of the current evaluation,
the residence also appears to qualify for inclusion under Criterion b, for its association with
Reverend George W. Phillips.
The Mills Act
Enacted in 1972, the Mills Act legislation grants participating local governments (cities and
counties) the authority to enter into contracts with owners of qualified historic properties who
actively participate in the restoration and maintenance of their historic properties while receiving
property tax relief (ohp.parks.ca.gov). Each local government establishes their own criteria and
determines how many contracts they will allow in their jurisdiction.
California Government Code Section 50280, et seq. authorizes the City of Saratoga to enter into
contracts with owners of qualified historical properties to provide for the use, maintenance, and
restoration of historical properties so as to retain characteristics of historical significance. The
City of Saratoga requires that properties be recognized as City of Saratoga Landmarks on the
City of Saratoga Heritage Resources Inventory to be eligible for consideration for a Mills Act
contract. Once an application for the Mills Act has been completed, the City of Saratoga
Heritage Preservation Commission (HPC) reviews the application and makes a recommendation
to the City Council regarding approval.
The property at 20280 Saratoga-Los Gatos Road is currently listed on the Heritage Resources
Inventory. Based upon the results of this evaluation, the structure appears to retain its eligibility
for listing on this inventory, and be eligible for consideration for a Mills Act contract.
Conclusion
The property includes a single story residence, constructed in 1916, as well as a detached garage
with two ancillary living units above it. The structure is not currently listed on the National
Register of Historic Places (NRHP), or the California Register of Historical Resources (CRHR).
However, the structure is currently listed on the City of Saratoga Heritage Resources Inventory.
The period of significance for local designation is the City of Homes era (1904– 1941). In
addition, it appears to be potentially eligible for listing in the CRHR. It is potentially eligible
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under Criterion 2, for its association with the Reverend Dr.George W. Phillips, a locally
prominent radio preacher and founder of KTAB radio station,later to become KSFO. It is also
potentially eligible under Criterion 3, as an example of the Mediterranean style of architecture
with Craftsman elements. Thus the property appears to qualify as eligible for the Mills Act for
the City of Saratoga.
Sincerely,
Robert Cartier, Ph.D.
Principal Investigator
RC/dj
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Bibliography
Appraiser's Office, County of Santa Clara
1966-1997 Appraiser's property records for the property at 20280 Saratoga-Los Gatos
Road.
County of Santa Clara Parks
2019 Sanborn County Park Draft Master Plan 2019.
Douglas, J.
1993 Historical Footnotes of Santa Clara Valley. San Jose Historical Museum
Association, San Jose.
Findagrave.com
2020 Memorial record for George Wallace Phillips. Accessed February 8, 2021.
https://www.findagrave.com/memorial/125011648/george-wallace-phillips
Hoover, M. et al
1966 Historic Spots in California. Stanford University Press, Stanford California.
Maggi, F., L. Dill & J. Kusz
2009 Department of Parks and Recreation (DPR) forms for Seven Oaks, 20280
Saratoga-Los Gatos Road in Saratoga.
McAlester, V. and L. McAlester
1997 A Field Guide to American Houses. Alfred A. Knopf, New York.
Oakland Tribune
1966 Obituary for Cora Jan Phillips, July 10, 1966.
Sawyer, E.
1922 History of Santa Clara County, California. Historical Record Company, Los
Angeles
Schneider, J.
2011 The History of KTAB/KSFO, San Francisco. Accessed February 8, 2021.
http://www.theradiohistorian.org/ksfo.htm
Thompson & West
1876 Historical Atlas of Santa-Clara County, California. Thompson & West, San
Francisco.
US Department of the Interior
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1990 The Secretary of the Interior's Standards for Rehabilitation and Guidelines for
Rehabilitating Historic Buildings
US Department of the Interior
1982 Bulletin 15 - "How to Apply the National Register Criteria for Evaluation.
Whiffen, Marcus
1992 American Architecture since 1780, Revised Edition. The MIT Press, Cambridge
Mass.
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APPENDIX A:
SITE PLAN AND MAPS OF THE SUBJECT PROPERTY
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15
128
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APPENDIX B:
Photographic Record of the Property at 20280 Saratoga-Los Gatos Road
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Photo 1: View of the entry gate to the property at 20280 Saratoga-Los Gatos Road,
1/29/2021.
Photo 2: View of the “Seven Oaks” sign naming the property,1/29/2021.
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19
Photo 3: View of the front facade of the residence from driveway, 1/29/2021.
Photo 4: View of the western front gabled wing of the residence, 1/29/2021.
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Photo 5: Detail of decorative vent below the western gable, 1/29/2021.
Photo 6: Oblique view of the front porch and entry, 1/29/2021.
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21
Photo 7: View of the front entry, note “eyebrow” dormer, 1/29/2021.
Photo 8: Detail of the top of the entry door and “eyebrow” dormer, 1/29/2021.
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22
Photo 9: Detail of intricately carved pilaster flanking the doorway, 1/29/2021.
Photo 10: Detail of multi-paned window adjacent to the front door, 1/29/2021.
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23
Photo 11: View of the eastern front gabled wing of the residence, 1/29/2021.
Photo 12: Detail of arched windows separated by carved pilasters, 1/29/2021.
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24
Photo 13: View of doorway in garden wall coming off the eastern wing, 1/29/2021.
Photo 14: View along the front portion of the eastern facade, 1/29/2021.
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Photo 15: View of the rear cross-gabled wing on the eastern facade, 1/29/2021.
Photo 16: View along rear facade showing brick courtyard and fountain, 1/29/2021.
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Photo 17: Detail of the fountain in the circular brick-lined courtyard, 1/29/2021.
Photo 18: View of the rear facade of the residence, 1/29/2021.
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Photo 19: View of the western gabled wing on the rear facade, 1/29/2021.
Photo 20: View of the central portion of the rear facade (1975 addition), 1/29/2021.
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Photo 21: View along the western facade of the residence, note side entry, 1/29/2021.
Photo 22: View of the front portion of the western facade, 1/29/2021.
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Photo 23: Interior view of the living room, 1/29/2021.
Photo 24: Interior view of arched windows in the living room, 1/29/2021.
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Photo 25: View of fireplace and built-in shelving in the living room, 1/29/2021.
Photo 26: Detail of chandelier and decorative ceiling medallion, 1/29/2021.
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Photo 27: View of the dining room, 1/29/2021.
Photo 28: View of enclosed rear courtyard (1975 addition), 1/29/2021.
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Photo 29: View of pantry shelving in pass-through to the kitchen, 1/29/2021.
Photo 30: View of the remodeled kitchen, 1/29/2021.
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Photo 31: View of bathroom, note modern fixtures, 1/29/2021.
Photo 32: View of the master bedroom, 1/29/2021.
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Photo 33: View down entry stairwell to the partial basement, 1/29/2021.
Photo 34: View of central portion of the partial basement, 1/29/2021.
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Photo 35: View of support column in the partial basement, 1/29/2021.
Photo 36: View of laundry and utility area in the partial basement, 1/29/2021.
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Photo 37: View of the front facade of the detached garage, 1/29/2021.
Photo 38: Interior view of the garage, 1/29/2021.
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Photo 39: Oblique view of the eastern facade of the garage, 1/29/2021.
Photo 40: View of lean-to addition to the rear of the garage, 1/29/2021.
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Photo 41: View of the rear facade of the garage, 1/29/2021.
Photo 42: Interior view of window in workshop area of lean-to addition 1/29/2021.
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Photo 43: View of angled entry doors to two units above the garage,1/29/2021.
Photo 44: Interior view of rear living unit above the garage, 1/29/2021.
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Photo 45: View of front living unit above the garage, 1/29/2021.
Photo 46: View of bathroom in front living unit above the garage, 1/29/2021.
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SARATOGA CITY COUNCIL
MEETING DATE:April 7, 2021
DEPARTMENT:City Manager’s Department
PREPARED BY:Kayla Nakamoto, Administrative Analyst
SUBJECT:Community Event Grant Funding Reallocation Request for Saratoga Area
Senior Coordinating Council (SASCC)
RECOMMENDED ACTION:
Consider the request from the Saratoga Area Senior Coordinating Council (SASCC)to reallocate
$5,000 from the Fiscal Year 2020/21 Secured Funding Community Event Grant Program to
support SASCC’s general operations.
BACKGROUND:
SASCC is one of the recipients of the City’s Community Event Grant Program secured funding
recipients. The Fiscal Year 2020/21 budget includes $5,000 for the SASCC Health Fair. With the
restrictions against large gatherings,staff has received requests from secured funding recipients to
reallocate granted funds to support them during this difficult time. Similarly, SASCC has shared
that they will not be able to plan their annual Health Fair this fiscal year. The Executive Director
of SASCC, Tylor Taylor submitted a letter asking that the City Council consider reallocating their
$5,000 Secured Community Event Grant to be used for their general operations.
The City Council approved a similar request by the Hakone Foundation at their meeting of
February 3, 2021.
ATTACHMENTS:
Attachment A –Funding Reallocation Request Letter
154
www.sascc.org
19655 Allendale Avenue, Saratoga CA 95070 Tax ID 942596228
Saratoga Senior Center
408-868-1257
Saratoga Adult Care Center
License# 430108454
SARATOGA CITY
COUNCIL
Yan Zhao
Mayor
Tina Walia
Vice Mayor
Mary-Lynne Bernald
Kookie Fitzsimmons
Rishi Kumar
SASCC BOARD
OF DIRECTORS
Lisa Oakley
President
Barbara Merrill
Vice President
Kathy Schuda
Secretary
Tina Walia
Manny Cappello
James Lindsay
Renee Paquier
Fabrice Rochich
Rev. Kathleen Crowe
John Morrissey
SASCC EXECUTIVE
DIRECTOR
Tylor Taylor
S ARATOGA AREA SENIOR COORDINATING COUNCIL (SASCC)
P.O. Box 3033, 19655 Allendale Avenue, Saratoga, CA 95070
408-868-1257
www.sascc.org
March 24, 2021
Dear Mayor Zhao and esteemed Council Members,
I’m writing you to request a one-time exception to allow community grant
funds normally allocated to SASCC's annual Health Fair to be used instead to
support SASCC's general operations in order to keep providing services and
socially distanced events.
As you are intimately aware, unfortunately COVID-19 guidelines and
restrictions prevent us from hosting our annual Health Fair this year as well as
shut the doors to our community for in person activities and gatherings.
Our organization is facing unprecedented times and we are doing everything in
our power to remain relevant and in service to the older adults in our
community. We want to be able to continue providing services remotely to the
best of our ability until the time comes we can reopen our doors.
On behalf of our board of directors, our staff, and the senior community we
thank you for considering this request.
Sincerely,
Tylor Taylor
Executive Director
(408) 868-1257
Saratoga Area Senior Coordinating Council
Please remember that your contributions are tax-deductible,
SASCC is a 501(c)(3) nonprofit organization
155
SARATOGA CITY COUNCIL
MEETING DATE: April 7, 2021
DEPARTMENT: City Manager’s Department
PREPARED BY: Kayla Nakamoto, Administrative Analyst
SUBJECT: Acceptance of Paint the City Artwork
RECOMMENDED ACTION:
Accept artwork recommended by the Public Art Committee for the 3 utility box locations included
in the 2021 cycle of Paint the City: Saratoga Utility Box Art project; approve and authorize the
artist stipend in the amount of $600 per location.
BACKGROUND:
As part of Paint the City, Saratoga artists age 10 and older were invited to submit applications to
turn plain utility boxes at 3 locations into works of art. The City received 70 qualified
applications from Saratoga artists by the January 31, 2021 deadline. The Library & Community
Engagement Commission met on February 8, 2021 to review the applications and narrowed the
selection to 3 conceptual designs per location. At the February 16, 2021 Public Art Committee
meeting, the Committee received the recommended designs and finalized the top 3 selections for
the 3 utility box locations.
Selected designs for each location were posted on the City website for residents to rank their
favorite design per location. Residents had until March 8, 2021 to cast their votes. The voting
results were shared with the Public Art Committee on March 16, 2021. The recommended
artwork and summary of voting results are attached.
Volunteers who supported the program and Paint the City artists will be recognized at the April
21, 2021 City Council Meeting.
ATTACHMENTS:
Attachment A – Recommended Artwork
Attachment B – Summary of Paint the City 2021 Voting Results
156
Front Side 1 Back Side 2
Top
1Paint the City
Saratoga Utility Box Art Project
Artist Name:Utility Box Location:Shannon Wang
157
Front Side 1 Back Side 2
Top
2Paint the City
Saratoga Utility Box Art Project
Artist Name:Utility Box Location:Starr Davis & Deb Conway
158
Front Side 1 Back Side 2
Top
3Paint the City
Saratoga Utility Box Art Project
Artist Name:Utility Box Location:Susan Seichrist
159
Paint the City 2021 Voting Results Page 1 of 3
PAINT THE CITY 2021 VOTING RESULTS
Summary
Voting Opened February 22, 2021
Voting Closed March 8, 2021
Total Number of Voters 394
Total Number of Resident Voters 343
Results of Resident Voting
Location 1 (Saratoga & Cox)
Artwork Option Total Votes
Option 1 – Ella Zhang 106
Option 2 – Lorraine & Mara Sheu 64
Option 3 – Shannon Wang 130
160
Paint the City 2021 Voting Results Page 2 of 3
Location 2 (Saratoga & Scotland)
Artwork Option Total Votes
Option 1 – Lavana & Zerlina Lai 47
Option 2 – Starr Davis & Deb Conway 126
Option 3 – Tiffany Huang & Audrey
Tang
104
161
Paint the City 2021 Voting Results Page 3 of 3
Location 3 (Quito & Pollard)
Artwork Option Total Votes
Option 1 – Clementine Dickson-Child 66
Option 2 – Jasmine Qin 106
Option 3 – Susan Seichrist 114
162
Acceptance of Paint the City Artwork
April 7, 2021
163
•Location 1: Saratoga & Cox ($600)
•Location 2: Saratoga & Scotland ($600)
•Location 3: Quito & Pollard ($600)
Locations for 2021
164
Summary of Voting Results
Voting Opened February 22, 2021
Voting Closed March 8, 2021
Total Number of Resident Voters 343
165
Recommended Artwork
166
Location 1 -Shannon Wang
167
Location 2 –Starr Davis & Deb Conway
168
Location 3 –Susan Seichrist
169
170
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SARATOGA CITY COUNCIL
MEETING DATE:April 7, 2021
DEPARTMENT:Community Development Department
PREPARED BY:Christopher Riordan, Senior Planner
SUBJECT:2020 General Plan Housing Element Annual Progress Report
RECOMMENDED ACTION:
Adopt the attached Resolution accepting the 2020 General Plan Housing Element Annual
Progress Report and direct staff to file the report with the Department of Housing and
Community Development (HCD).
BACKGROUND:
Government Code Section 65400 requires the City Council to review and accept an annual report
on the status of their progress in implementing the Housing Element. This report must be
submitted every year to HCD to fulfill the State mandated reporting requirements.
For the 2020 reporting period the City of Saratoga added 44 net new housing units which
included:
12 deed-restricted accessory dwelling units (Rental limited to low-income persons).
29 accessory dwelling units with no rental limitations.
3 new single-family homes.
Saratoga’s 2015-2023 Regional Housing Needs Allocation (RHNA) was a total of 439 housing
units in the following income level categories. For the reporting periods of 2015-2020, the City
has added a total of 150 net new housing units.
Income Level 2015-2023 RHNA 2015-2020 City of Saratoga
Very Low 147 0
Low 95 75 deed restricted ADUs
Moderate 104 45 ADUs
Above Moderate 93 30 new single-family homes
Total 439 150
174
Senate Bill 35 provides a streamlined, ministerial approval process for qualifying development
applications that are consistent with objective planning standards. One of the eligibility
requirements for SB35 is that the location of a proposed development be in a jurisdiction, as
determined by HCD, which has not issued enough building permits to satisfy their RHNA for the
reporting period.
Jurisdictions which have made insufficient progress toward their Above Moderate income
RHNA are subject to the streamlined ministerial approval for proposed developments with at
least 10% affordability. Jurisdictions which have made sufficient progress toward their Above
Moderate income RHNA but insufficient progress toward their Low and Very Low income
RHNA are subject to the streamlined ministerial approval process for proposed developments
with at least 50% affordability.
HCD utilizes the City’s Annual Housing Element Progress Report to evaluate and determine
Saratoga’s “performance” in meeting its 2015-2023 RHNA. According to HCD’s current SB35
Statewide Determination Summary, Saratoga is one of 289 jurisdictions in the state subject to
SB35 streamlining provisions for proposed development with the lower affordable threshold of
10%. There are 220 jurisdictions subject to the 50% affordability threshold and 30 are not
subject to SB35 streamlining.
ATTACHMENTS:
Attachment A: Resolution
Attachment B: 2020 Housing Element Annual Progress Report
175
RESOLUTION NO. 20-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
ACCEPTING THE 2020 GENERAL PLAN HOUSING ELEMENT ANNUAL
PROGRESS REPORT AND DIRECTING STAFF TO FILE THE REPORT WITH THE
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT (HCD)
WHEREAS, Government Code Section 65400 requires that an Annual Progress Report
be prepared highlighting the progress made on implementation of the Housing Element; and
WHEREAS, the Annual Progress Report is to be reviewed and accepted by the City
Council and subsequently filed with HCD; and
NOW, THEREFORE BE IT RESOLVED, that the Saratoga City Council has reviewed and
accepted the 2020 Housing Element Annual Progress Report and hereby directs staff to file the
report with HCD.
The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga
City Council held on the 7th day of April 2021by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Yan Zhao, Mayor
ATTEST:
Debbie Bretschneider, City Clerk
176
Jurisdiction Saratoga ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2020 (Jan. 1 - Dec. 31)Housing Element Implementation
(CCR Title 25 §6202)
1 3 4
RHNA Allocation
by Income Level 2015 2016 2017 2018 2019 2020 2021 2022 2023 Total Units to
Date (all years)
Total Remaining RHNA
by Income Level
Deed Restricted
Non-Deed Restricted
Deed Restricted 7 11 14 14 17 12
Non-Deed Restricted
Deed Restricted
Non-Deed Restricted 1 1 4 2 8 29
Above Moderate 93 6 6 7 5 3 3 30 63
439
14 18 25 21 28 44 150 289
Note: units serving extremely low-income households are included in the very low-income permitted units totals
Cells in grey contain auto-calculation formulas
Total RHNA
Total Units
Income Level
Very Low
Low
59
This table is auto-populated once you enter your jurisdiction name and current year data. Past year
information comes from previous APRs.
45Moderate
147
95
104
Please contact HCD if your data is different than the material supplied here
75
2
Table B
Regional Housing Needs Allocation Progress
Permitted Units Issued by Affordability
147
20
177
SARATOGA CITY COUNCIL
MEETING DATE:April 7, 2021
DEPARTMENT:City Manager’s Department
PREPARED BY:Crystal Bothelio, Assistant City Manager
SUBJECT:Resolution Expressing Support for Local Control of Zoning and Housing
RECOMMENDED ACTION:
Approve the resolution in support of local control of zoning and housing and authorize submittal
of a letter from the City Council to Saratoga’s State representatives.
BACKGROUND:
A resolution in support of local control of zoning and housing and letter from the City Council to
Saratoga’s state representatives was added to the April 7, 2021 agenda for City Council
consideration at the request of Mayor Zhao. In an effort to solve the affordable housing crisis in
California, the State has adopted and introduced a growing number of bills that seek to curtail local
control over zoning and housing in an effort to make it easier for developers to construct new
housing. Approval of this resolution would express the City Council’s desire to retain local control
over through the use of zoning authority. If adopted, the attached resolution and letter will be
submitted to Saratoga’s State representatives.
ATTACHMENTS:
Attachment A –Resolution Expressing Support for Local Control of Zoning and Housing
Attachment B –Letters
178
RESOLUTION NO. 21-___
RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SARATOGA EXPRESSING SUPPORT FR ACTIONS TO FURTHER
STRENGTHEN LOCAL DEMOCRACY, AUTHORITY, AND CONTROL AS RELATED
TO LOCAL ZONING AND HOUSING ISSUES
WHEREAS, each year, the State of California legislature proposes and adopts a number
of bills addressing a range of housing issues; and
WHEREAS, the State of California legislature does not allow sufficient time between each
legislative cycle to determine if the adopted legislation is successful in bringing about the desired
change related to California’s housing issues; and
WHEREAS, the primary focus of the bills that have been proposed and adopted is to usurp
the authority of local jurisdictions to determine for themselves the land use policies and practices
that best suit each city and its residents and instead impose mandates that do not take into account
the root causes of the lack of affordable housing or the needs and differences of jurisdictions
throughout the State of California; and
WHEREAS, the ability of local jurisdictions to determine for themselves to determine
matters such as which projects require review beyond a ministerial approval, what parking
requirements are appropriate for various neighborhoods within their jurisdiction, what pans and
programs are suitable and practical for each community, and what zoning should be applied to
land in the jurisdiction rather than having these decisions imposed upon them without regard to
the circumstances of each individual city and county, is a matter of great import to the City of
Saratoga; and
WHEREAS, the City Council of the City of Saratoga feels strongly that our local
government is best able to assess the needs of our community in a way that also respects the needs
of the region and objects to the proliferation of State legislation that deprives us of that ability;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Saratoga hereby
resolves as follows:
1.The City of Saratoga is opposed to the current practice of the State of California legislature
of continually proposing and passing multitudes of bills that directly impact and interfere
with the ability of local governments to control their own destiny through the planning and
zoning authority that has been granted to them.
2.The City of Saratoga will explore various ways to protect the ability of local governments
to retain local control over planning and zoning as each individual city and county within
the State of California is best suited to determine how the planning and zoning in their
jurisdiction should be carried out to meet the housing needs of the community.
179
The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga
City Council held on the 7th day of April 2021 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Yan Zhao, Mayor
ATTEST:
DATE:
Debbie Bretschneider, CMC
City Clerk
180
Incorporated October22, 1956
CITY OF SARATOGA
13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070 • (408) 868-1200
COUNCIL MEMBERS:
Mary-Lynne Bernald
Kookie Fitzsimmons
Rishi Kumar
Tina Walia
Yan Zhao
April 7, 2021
The Honorable Dave Cortese
California State Senate District 15
State Capitol Building, Room 3070
Sacramento, CA 95814
Subject: Support for Local Control of Zoning and Housing
Dear Senator Cortese,
I am writing on behalf of the City Council of the City of Saratoga to express our desire to retain
control over local land use policy. In recent years, the California State legislature has proposed
and passed a number of bills that seek to solve the affordable housing crisis by stripping cities
and counties of their ability to determine for themselves the land use policies and practices that
best suit their community. This movement has been based on the underlying belief that the
housing crisis can be solved by eliminating imagined barriers to development at the local level.
The challenges to providing housing affordable to all run much deeper. For at least the past 15
years, Saratoga has not denied a single application for housing.
We urge the State Legislature and the Governor to seek a collaborative solution to the housing
crisis that allows local jurisdictions to be part of a solution that supports local flexibility,
decision-making, and community input. By-right housing approvals and on-size-fits-all
legislation oversimplify the affordable housing crisis while also eroding the ability of residents
to shape the future of their communities.
We welcome a conversation with you about how local communities can be part of the solution
to making housing affordable across income levels without sacrificing local control over the
long-term future of our community.
Sincerely,
Yan Zhao, Mayor
City of Saratoga
181
Incorporated October22, 1956
CITY OF SARATOGA
13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070 • (408) 868-1200
COUNCIL MEMBERS:
Mary-Lynne Bernald
Kookie Fitzsimmons
Rishi Kumar
Tina Walia
Yan Zhao
April 7, 2021
The Honorable Evan Low
California State Assembly District 28
State Capitol Building, Room 4126
Sacramento, CA 94249
Subject: Support for Local Control of Zoning and Housing
Dear Assembly Member Low,
I am writing on behalf of the City Council of the City of Saratoga to express our desire to retain
control over local land use policy. In recent years, the California State legislature has proposed
and passed a number of bills that seek to solve the affordable housing crisis by stripping cities
and counties of their ability to determine for themselves the land use policies and practices that
best suit their community. This movement has been based on the underlying belief that the
housing crisis can be solved by eliminating imagined barriers to development at the local level.
The challenges to providing housing affordable to all run much deeper. For at least the past 15
years, Saratoga has not denied a single application for housing.
We urge the State Legislature and the Governor to seek a collaborative solution to the housing
crisis that allows local jurisdictions to be part of a solution that supports local flexibility,
decision-making, and community input. By-right housing approvals and on-size-fits-all
legislation oversimplify the affordable housing crisis while also eroding the ability of residents
to shape the future of their communities.
We welcome a conversation with you about how local communities can be part of the solution
to making housing affordable across income levels without sacrificing local control over the
long-term future of our community.
Sincerely,
Yan Zhao, Mayor
City of Saratoga
182
SARATOGA CITY COUNCIL
MEETING DATE:April 7, 2021
DEPARTMENT:City Manager’s Department
PREPARED BY:Crystal Bothelio, Assistant City Manager
SUBJECT:City Council Position on Senate Bill 6
RECOMMENDED ACTION:
Approve the resolution in opposition to Senate Bill 6 and authorize submittal of letters from the
City Council expressing its opposition.
BACKGROUND:
A resolution in opposition to Senate Bill (SB) 6 and authorization of submittal of letters expressing
the City Council’s position was placed on the April 7, 2021 agenda for City Council consideration
at the request of Mayor Zhao. This bill was introduced as part of the Senate’s “Building
Opportunities for All” Housing Package to promote housing development.Senator Cortese is
among the co-authors. SB 6 declares that “housing units developed at higher densities may
generate affordability by design for California residents, without the necessity of public subsidies,
income eligibility, occupancy restrictions,lottery procedures, or other legal requirements
applicable to deed restricted affordable housing to serve very low and low-income residents and
special needs residents.” To achieve that goal it would enact the “Neighborhood Homes Act”
which would authorize residential development on existing lots zoned for office and retail use that
is not next to an industrial use. Examples include shopping malls, strip malls, and office
complexes.
Eligible residential developments would need to meet or exceed density levels that the legislature
has determined would accommodate housing for low-income households with a minimum density
of 20 units per acre in suburban jurisdictions. Housing developments submitted under SB 6 would
be eligible for SB 35 streamlined ministerial approval if the project meets SB 35 requirements and
50% or more of office or retail on the site has been vacant for a period of at least 3 years.
The League of California Cities has opposed the bill unless amended.
ATTACHMENTS:
Attachment A –Resolution in Opposition to SB 6
Attachment B –Letters
183
RESOLUTION NO. 21-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
IN OPPOSITION TO SENATE BILL 6 AUTHORIZING HIGH DENSITY RESIDENTIAL
DEVELOPMENT IN OFFICE OR RETAIL COMMERCIAL ZONES
WHEREAS, in recent years, California has experienced a growing need for affordable housing and the
State has enacted many laws that seek to address that need by stripping cities and counties of their control of local
zoning regulations to increase the supply of market rate housing; and
WHEREAS, Senate Bill (SB) 6 would allow high density residential development on parcels zoned for
office or retail use if the development meets or exceeds density the State deems appropriate to accommodate
housing for lower income households,including a minimum density of 20 units per acre for suburban jurisdictions;
and
WHEREAS, SB 6 assumes that increasing housing density increases affordability of units, but does not
require developers to designate units as below market for lower income individuals and families; and
WHEREAS, examples of office and retail commercial sites that would be subject to SB 6 include
shopping malls, strip malls, and office complexes; and
WHEREAS, development applications submitted under SB 6 would also be eligible for streamlined
ministerial approval allowed under SB 35 if the project meets SB 35 requirements and at least 50 percent of the
office or retail commercial site has been vacant for 3 years or more prior to application submittal; and
WHEREAS, SB 6 continues a one-size-fits all approach to the housing crisis by eroding local control
over planning and zoning to make it easier for developers to profit from new housing construction and offering
no resources for the most vulnerable residents of California or incentives for the development of additional
affordable housing.
NOW, THEREFORE BE IT RESOLVED,that the City Council of the City of Saratoga does hereby oppose
SB 6, authorizes the Mayor to execute a letter reflecting the City Council’s position, and urges the California State
Legislature and the Governor of California to reject this bill and seek a collaborative approach to the housing
crisis that allows local communities to be part of the solution to the affordable housing crisis.
The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council
held on the 7th day of April 2021 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Yan Zhao, Mayor
ATTEST:
DATE:
Debbie Bretschneider, CMC, City Clerk
184
Incorporated October22, 1956
CITY OF SARATOGA
13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070 • (408) 868-1200
COUNCIL MEMBERS:
Mary-Lynne Bernald
Kookie Fitzsimmons
Rishi Kumar
Tina Walia
Yan Zhao
April 7, 2021
The Honorable Anna Caballero
California State Senate
State Capitol Building, Room 5052
Sacramento, CA 95814
Subject: Opposition to Senate Bill 6 (Caballero)
Dear Senator Caballero,
I am writing on behalf of the City Council of the City of Saratoga to express opposition to
Senate Bill (SB) 6, which would allow high density residential development on parcels zoned
for office or retail commercial if the development meets or exceeds density the legislation deems
appropriate to accommodate housing for lower income households, including a minimum
density of 20 units per acre for suburban jurisdictions. This bill does not require developers to
designate any of the new units as below market for the lower income families that need them
the most. Furthermore, development applications submitted under SB 6 would also be eligible
for streamlined ministerial approval allowed under SB 35 if the project meets SB 35
requirements and at least 50% of the office or retail commercial site has been vacant for 3 years
or more. SB 6 will effectively eliminate the ability of cities to protect their commercial space and
establish high density housing zones without regard to adjoining land uses.
Housing affordability and homelessness are among the most critical issues facing California
cities. Proposed laws like SB 6 assume that the housing crisis can be solved by eliminating
imagined barriers to development. For at least the past 15 years, Saratoga has not denied a
single application for housing. SB 6 and other similar bills that seek to chip away at local zoning
regulations put developers first, not the lower income individuals and families that need us to
find a way to solve the affordable housing crisis. SB 6 would fail to increase development of
below market units.
We urge the State Legislature and the Governor to reject this bill and seek a collaborative
solution to the housing crisis that allows local jurisdictions to retain local control while also
providing the much-needed resources for lower income Californians and creating real
incentives for development of below market units.
Sincerely,
Yan Zhao, Mayor
City of Saratoga
185
Incorporated October22, 1956
CITY OF SARATOGA
13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070 • (408) 868-1200
COUNCIL MEMBERS:
Mary-Lynne Bernald
Kookie Fitzsimmons
Rishi Kumar
Tina Walia
Yan Zhao
April 7, 2021
The Honorable Dave Cortese
California State Senate District 15
State Capitol Building, Room 3070
Sacramento, CA 95814
Subject: Opposition to Senate Bill 6 (Caballero)
Dear Senator Cortese,
I am writing on behalf of the City Council of the City of Saratoga to express opposition to
Senate Bill (SB) 6, which would allow high density residential development on parcels zoned
for office or retail commercial if the development meets or exceeds density the legislation deems
appropriate to accommodate housing for lower income households, including a minimum
density of 20 units per acre for suburban jurisdictions. This bill does not require developers to
designate any of the new units as below market for the lower income families that need them
the most. Furthermore, development applications submitted under SB 6 would also be eligible
for streamlined ministerial approval allowed under SB 35 if the project meets SB 35
requirements and at least 50% of the office or retail commercial site has been vacant for 3 years
or more. SB 6 will effectively eliminate the ability of cities to protect their commercial space and
establish high density housing zones without regard to adjoining land uses.
Housing affordability and homelessness are among the most critical issues facing California
cities. Proposed laws like SB 6 assume that the housing crisis can be solved by eliminating
imagined barriers to development. For at least the past 15 years, Saratoga has not denied a
single application for housing. SB 6 and other similar bills that seek to chip away at local zoning
regulations put developers first, not the lower income individuals and families that need us to
find a way to solve the affordable housing crisis. SB 6 would fail to increase development of
below market units.
We urge the State Legislature and the Governor to reject this bill and seek a collaborative
solution to the housing crisis that allows local jurisdictions to retain local control while also
providing the much-needed resources for lower income Californians and creating real
incentives for development of below market units.
Sincerely,
Yan Zhao, Mayor
City of Saratoga
186
Incorporated October22, 1956
CITY OF SARATOGA
13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070 • (408) 868-1200
COUNCIL MEMBERS:
Mary-Lynne Bernald
Kookie Fitzsimmons
Rishi Kumar
Tina Walia
Yan Zhao
April 7, 2021
The Honorable Evan Low
California State Assembly District 28
State Capitol Building, Room 4126
Sacramento, CA 94249
Subject: Opposition to Senate Bill 6 (Caballero)
Dear Assembly Member Low,
I am writing on behalf of the City Council of the City of Saratoga to express opposition to
Senate Bill (SB) 6, which would allow high density residential development on parcels zoned
for office or retail commercial if the development meets or exceeds density the legislation deems
appropriate to accommodate housing for lower income households, including a minimum
density of 20 units per acre for suburban jurisdictions. This bill does not require developers to
designate any of the new units as below market for the lower income families that need them
the most. Furthermore, development applications submitted under SB 6 would also be eligible
for streamlined ministerial approval allowed under SB 35 if the project meets SB 35
requirements and at least 50% of the office or retail commercial site has been vacant for 3 years
or more. SB 6 will effectively eliminate the ability of cities to protect their commercial space and
establish high density housing zones without regard to adjoining land uses.
Housing affordability and homelessness are among the most critical issues facing California
cities. Proposed laws like SB 6 assume that the housing crisis can be solved by eliminating
imagined barriers to development. For at least the past 15 years, Saratoga has not denied a
single application for housing. SB 6 and other similar bills that seek to chip away at local zoning
regulations put developers first, not the lower income individuals and families that need us to
find a way to solve the affordable housing crisis. SB 6 would fail to increase development of
below market units.
We urge the State Legislature and the Governor to reject this bill and seek a collaborative
solution to the housing crisis that allows local jurisdictions to retain local control while also
providing the much-needed resources for lower income Californians and creating real
incentives for development of below market units.
Sincerely,
Yan Zhao, Mayor
City of Saratoga
187
SARATOGA CITY COUNCIL
MEETING DATE:April 7, 2021
DEPARTMENT:City Manager’s Department
PREPARED BY:Crystal Bothelio, Assistant City Manager
SUBJECT:Reflective Neighborhood Watch Vests
RECOMMENDED ACTION:
Provide direction to staff on the proposal to purchase reflective Neighborhood Watch vests to be
distributed as part of a drive-through resource fair and the source of funding for the vests.
BACKGROUND:
At the March 3, 2021 City Council Meeting, Mayor Zhao with support
from Council Member Fitzsimmons requested a future City Council
agenda item to consider purchasing reflective vests for Neighborhood
Watch groups. With more and more people sharing that they are walking
and running more due to pandemic, the vests would help increase
visibility of pedestrians at night and spark interest in the City’s
Neighborhood Watch program.
A total of 300 customized reflective vests with City branding in multiple
sizes could be purchased for approximately $4,500. The vests could be
purchased using City Council discretionary funds or funding from the
City’s Neighborhood Watch grant program could be repurposed as the
City has observed fewer grant requests from the City’s Neighborhood
Watch groups. As of April 1, there is just over $10,000 available in the grant program.
There are currently 62 active Neighborhood Watch groups, each with a varying number of
households in each group. While 300 vests would not account for every single resident who resides
in a Neighborhood Watch group, there should be enough vests for the Saratoga residents who are
actively engage with their Neighborhood Watch.
With authorization from Council, the City could purchase the vests and distribute them to
Neighborhood Watch members. One option for distribution is a drive-through resource fair. Since
the annual Joint Meeting with Neighborhood Watch groups is expected to occur virtually,
Neighborhood Watch groups will not have an opportunity to engage in one-on-one conversations
with Saratoga’s public safety organizations like they have in the past. A drive-through resource
Example of Reflective Vest
188
fair would provide residents with time to talk with resource table hosts, such as the Santa Clara
County Sheriff’s Office, Santa Clara County Fire Department, and Santa Clara County FireSafe
Council, before collecting their vest from a City table that could be hosted by members of the City
Council. Residents would be asked to pre-register for the event to avoid traffic backups and ensure
the event runs smoothly. The event could be announced at the Neighborhood Watch Joint Meeting
on June 2, 2021 and held on the morning of June 12 or 13, lasting roughly 2 hours.
FISCAL STATEMENT:
Reflective Neighborhood Watch vests are estimated at $4,500. Funding is available in the City
Council discretionary fund or funding from the City’s Neighborhood Watch grant program may
be repurposed to purchase the vests.
189
190
191
192
193
SARATOGA CITY COUNCIL
MEETING DATE:April 7, 2021
DEPARTMENT:City Manager’s Department
PREPARED BY:Crystal Bothelio, Assistant City Manager
SUBJECT:City of Saratoga Community Event Promotion & Sponsorship Policy
RECOMMENDED ACTION:
Approve the resolution establishing the Community Event Promotion and Sponsorship Policy to
provide guidance for City promotion and sponsorship of community events.
BACKGROUND:
The City regularly receives requests from event organizers to promote their event using City
communication channels, such as the City website and social media. The attached policy provides
guidance to staff on when community events may be considered through promotion in City
communications. Eligible events would be considered for inclusion in existing communication
tools, such as the Saratoga Source.
The policy also provides guidance for requests for City sponsorship of unexpected events that must
occur within a short timeframe and therefore cannot be considered for funding through the City’s
Event Grant Program or Street Closure Grant Program. Additionally, events must be expected to
draw residents together for an emergent issue or cause that is of interest Citywide. Events that are
approved for sponsorship will be hosted and organized by the City, including event logistics and
outreach efforts. Under the draft policy, eligible sponsorship requests will be considered by the
City Council during a Regular City Council Meeting. However, if the event must be held before it
can be considered by the City Council at a Regular Meeting and no City funds are needed to hold
the event, the Mayor would be authorized to approve or deny sponsorship requests.
ATTACHMENTS:
Attachment A –Resolution Establishing the Community Event Promotion & Sponsorship Policy
194
RESOLUTION NO. 21-___
RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SARATOGA ESTABLISHING THE
COMMUNITY EVENT PROMOTION AND SPONSORSHIP POLICY
WHEREAS, community events help bring residents together, build community, and
establish an identity for the City; and
WHEREAS, some event organizers lack ability or resources to conduct their own event
outreach and periodically submit requests to the City to receive support promoting their event; and
WHEREAS, the attached City of Saratoga Community Event Promotion and Sponsorship
Policy outlines the types of events that the City may promote; and
WHEREAS, in addition to requests for promotion of community events, the City also
periodically receives requests to provide support for unexpected events that must occur quickly
and are intended to draw Saratoga residents together to support a common purpose or cause that
is of interest to the entire community; and
WHEREAS, the attached City of Saratoga Community Event Promotion and Sponsorship
Policy provides guidance for when these events may become City-sponsored and hosted as a City
event, thereby permitting use of City resources for the event;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Saratoga does
hereby adopt the attached Community Event Promotion and Sponsorship Policy.
The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga
City Council held on the 7
th day of April 2021 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Yan Zhao, Mayor
ATTEST:
DATE:
Debbie Bretschneider, CMC
City Clerk
195
City of Saratoga Community Event Promotion and Sponsorship Policy | Page 1
Adopted April 7, 2021 via Resolution No. 21-__
City of Saratoga Community Event Promotion and Sponsorship Policy
Adopted April 7, 2021 via Resolution No. 21-__
I.Introduction
The City of Saratoga recognizes the value of community events and their role in bringing residents
together, building community, and establishing an identity for the community. The City
recognizes that some event organizers may not have the ability to promote their events through
their own means or through programs such as the City of Saratoga Median Banner Program. To
offer support, the City operates a Community Event Grant program each year to give local event
organizers the opportunity to seek funding for their events. Typical community events must go
through the Community Event Grant program process to receive support from the City, but the
City also acknowledges there may be times when community members feel the need for an event
to rally residents together around an unanticipated, time-sensitive cause or purpose of
community interest. In these instances, organizers may lack the resources needed to organize
the event, as well as the time needed to go through traditional process to request funding.
The following policy describes the City’s criteria and procedures for how the City will
accommodate requests for promotion of events in Saratoga when City outreach channels are
available and the event promotes City of Saratoga values. City partners, including other public
agencies, non-profit lessees of City property, and recipients of significant City funding or support,
are eligible to be considered for City promotion of their events and the policy describes the
criteria for events sponsored by others to be considered for promotion.The policy also describes
criteria and procedures for requests for City sponsorship of unanticipated events hosted on City
property.
City initiatives and events will retain priority when conflicts arise, and the City retains full
discretion to deny event promotion or sponsorship requests. Event promotion will be conducted
in the same manner the City typically conducts outreach for City initiatives andevents. This policy
shall be administered by the City Manager’s Department.
II.Policy Goals
Maintain integrity of City communications and outreach effort while also informing
residents of events in Saratoga that promote community identity and civic pride.
Provide clear guidance on the City’s practices related to promotion of community events.
Provide procedures for considering requests of support for unanticipated events in the
City of Saratoga that are time-sensitive in nature and are intended to draw Saratoga
residents together for a common purpose or cause of interest to the entire community.
Establish consistent practices related to promotion and sponsorship of events in Saratoga.
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III.Event Promotion
A. Eligibility for City Promotion of Events
All events hosted by City partners are eligible to be considered for City promotion. All other
events must meet the following criteria to be considered for promotion through City
communication channels:
1) Event must be located within the City of Saratoga.
2) Event is free and open to the public.
3) Event does not promote the sale of a good, service, or commodity.
4) Event celebrates Saratoga’s character, diversity, history, or community, not a small group
of individuals.
5) Event is not considered a personal or campaign activity as defined by California
Government Code 8314.
B. Methods of Event Promotion
When eligible requests are received, the City will determine whether the event warrants
inclusion in City communications and the optimal approach for communication in alignment
with City communication practices.
C. Requests for Promotion
Requests for promotion of events shall be submitted to the City Manager’s Department.
IV.Event Sponsorship
A. Definition of Event Sponsorship
Events that are approved for sponsorship will be hosted and organized by the City. As with
any other City event, such as ribbon cuttings or the Tree Lighting Ceremony, the City will
oversee event logistics and outreach. The resident(s) requesting the event must be willing to
volunteer during the event as well as recruit additional volunteers as needed and determined
by City staff to help support the event.
B. Eligibility for Sponsorship of Events
Events must meet the following criteria to be considered for City sponsorship:
1) Event is located on City property.
2) Event is free and open to the public.
3) Event does not promote the sale of a good, service, or commodity.
4) Event is proposed by resident(s) of Saratoga and proposing resident(s) must be willing to
volunteer to support the event and recruit additional volunteers as needed.
5) Event will draw residents together for a common cause or purpose that is of interest to
the entire community.
6) Event has not been considered for or received City of Saratoga Community Event/Street
Closure Grant Program funding.
7) Event must be held in a time-sensitive environment and consideration cannot be
postponed to the next annual City of Saratoga Community Event/Street Closure Grant
Program application process.
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City of Saratoga Community Event Promotion and Sponsorship Policy | Page 3
Adopted April 7, 2021 via Resolution No. 21-__
8) Event is not considered a personal or campaign activity as defined by California
Government Code 8314.
C. Consideration of Requests for Sponsorship
Requests for sponsorship of events shall be submitted to the City Manager’s Department. If
time permits, requests will be scheduled for City Council consideration at the next regular
City Council Meeting. If time does not allow for consideration to be placed on a City Council
Regular Meeting agendaand no City funds are needed to hold the event, the Mayor is hereby
authorized to approve or deny requests for event sponsorship.
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Event Promotion Criteria
1.Located in City of Saratoga
2.Free/open to public
3.Does not promote the sale of a good, service, or commodity
4.Celebrates Saratoga’s character, diversity, history, or
community, not a small group of individuals
5.Not considered a personal or campaign activity
All events hosted by City partners are eligible for City promotion.
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Event Sponsorship Criteria
1.On City property
2.Free/open to the public.
3.Does not promote the sale of a good, service, or commodity.
4.Proposed by resident(s) willing to volunteer to support the event and recruit additional volunteers, if needed
5.Draws residents together for a common cause/purpose that is of interest to the entire community
6.No prior consideration/receipt of Event/Street Closure Grant Funds
7.Time-sensitive environment, cannot be postponed to the next annual Event/Street Closure Grant Program application cycle
8.Not considered a personal or campaign activity
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