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Home My WebLink About12-15-2021 City Council Agenda PacketSaratoga City Council Agenda December 15, 2021 – Page 1 of 7 SARATOGA CITY COUNCIL REGULAR MEETING DECEMBER 15, 2021 AGENDA AMENDED • 12-15-2021, ITEMS 2.2, 2.3 and 3.2 WRITTEN COMMUNICATIONS ADDED Teleconference/Public Participation Information to Mitigate the Spread of COVID‐19 This meeting will be held entirely by teleconference. All members of the City Council and staff will only participate via the Zoom platform using the process described below. The meeting is being conducted pursuant to recent amendments to the teleconference rules required by the Ralph M. Brown Act allowing teleconferencing during a proclaimed state of emergency when local official have recommended social distancing. The purpose of the amendments is 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: • Using the Zoom website https://us02web.zoom.us/j/85328290743; Webinar ID 853 2829 0743 OR • Calling 1.408.638.0968 or 1.669.900.6833, entering the Webinar ID provided above Members of the public can view and participate in in the Regular Session of the meeting by: • Using the Zoom website https://us02web.zoom.us/j/84829271922; Webinar ID 848 2927 1922 OR • Calling 1.408.638.0968 or 1.669.900.6833 and entering the Webinar ID provided above; OR • Viewing the meeting on Saratoga Community Access Television Channel 15 (Comcast Channel 15, AT&T UVerse Channel 99) and calling in following the directions above; OR • Viewing online at http://saratoga.granicus.com/MediaPlayer.php?publish_id=2 and calling in following the directions above. 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 December 15, 2021 – Page 2 of 7 6:00 PM STUDY SESSION 2022 Preview Staff Report 7:00 PM REGULAR SESSION ROLL CALL REPORT ON POSTING OF THE AGENDA The agenda for this meeting was properly posted on December 9, 2021. ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS Any member of the public may address the City Council for up to three (3) minutes on matters not on the Agenda. The law generally prohibits the City Council from discussing or taking action on such items. However, the Council may instruct staff accordingly. ANNOUNCEMENTS CEREMONIAL ITEMS Commendations for Annette Stransky, Mitch Kane and Manil Vasantha Recommended Action: Commend Annette Stransky for her service on the Heritage Preservation Commission and Mitch Kane and Manil Vasantha for their service on the Traffic Safety Commission. Staff Report Attachment A - Commendation for Annette Stransky Attachment B - Commendation for Mitch Kane Attachment C - Commendation for Manil Vasantha Appointment of Heritage Preservation Commissioner Recommended Action: Adopt the Resolution appointing one member to the Heritage Preservation Commission and direct the City Clerk to administer the Oath of Office. Staff Report Attachment A - Resolution, Heritage Preservation Commission Appointment Proclamation Declaring December 3, 2021 as International Day of Persons with Disabilities Recommended Action: Proclaim December 3, 2021 as International Day of Persons with Disabilities in the City of Saratoga. Staff Report Attachment A – International Day of Persons with Disabilities Proclamation Saratoga City Council Agenda December 15, 2021 – Page 3 of 7 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 Minutes for the December 1, 2021 City Council Meeting. Staff Report Attachment A – Minutes for the December 1, 2021 City Council Meeting 1.2. Review of Accounts Payable Check Registers Recommended Action: Review and accept check registers for the following accounts payable payment cycles: 11/23/21 Period 5; 12/1/21 Period 6; 12/7/21 Period 6 Staff Report Check Register 11-23-21 P5 Check Register 12-01-21 P6 Check Register 12-07-21 P6 1.3. Treasurer’s Report for the Month Ended October 31, 2021 Recommended Action: Review and accept the Treasurer’s Report for the month ended October 31, 2021. Staff Report 1.4. Reconsider and confirm findings pursuant to Assembly Bill 361 Recommended Action: Reconsider and confirm findings pursuant to Assembly Bill 361 of the continued existence of a state of emergency and public health officials’ recommendation of social distancing. Staff Report Attachment A – Resolution 21-073 authorizing teleconferenced public meetings 1.5. Commission Local Appointments List and Terms Expiring in 2022 Recommended Action: Adopt the Local Appointments List for terms expiring in the 2022 calendar year and direct the City Clerk to post on the City’s website. Staff Report Attachment A - 2022 Local Appointment List Attachment B - 2022 Tentative Commission Recruitment Schedule Saratoga City Council Agenda December 15, 2021 – Page 4 of 7 1.6. Third Amendment to Contract with BKF Engineers Recommended Action: Authorize an amendment to extend the time of the contract with BKF Engineers for one additional year. Staff Report Attachment A- Contract Amendment Attachment B -Original Contract 1.7. Amendment to Contract with Cotton, Shires and Associates, Inc. Extending the Term of the Contract Recommended Action: Approve Amendment to the contract with Cotton, Shires and Associates, Inc. to extend the term of the contract two years to December 31, 2023. Staff Report Attachment A - Contract Amendment Attachment B - Original Contract 1.8. Authorization for Participation in National Opioids Settlement Recommended Action: Authorize the City Manager and/or City Attorney to execute agreements implementing the National Opioids Settlements. Staff Report 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. 2.1. Landmark Designation & Mills Act Agreement for 19174 DeHavilland Drive Application No. MIL21-0002 & LNDMRK21-0003 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 19174 DeHavilland Drive upon the effective date of the landmark ordinance. Staff Report 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 Saratoga City Council Agenda December 15, 2021 – Page 5 of 7 2.2. Urgency Ordinance to Implement Senate Bill 9 by Setting Forth Objective Standards Applicable to Projects Required to Be Processed for Only Ministerial Review Such as Lot Splits and 2-Unit Developments in All Single-Family Zoning Districts Recommended Action: Adopt the attached Urgency Ordinance to adopt urgency measures to implement Senate Bill No. 9 which becomes effective January 1, 2022. Staff Report Attachment A - Interim SB 9 Ordinance Attachment B - Senate Bill 9 Supplemental Memo 12-15-2021, Item 2.2 Written Communications 2.3. Ordinance Amending City Code Section 4-90.020 to Ban Sale of Menthol Tobacco Products Recommended Action: Conduct the public hearing, introduce and waive the first reading of the attached ordinance amending City Code Section 4-90.020 (Tobacco Retailer Definitions) to extend current prohibitions of the sale of flavored tobacco products to include menthol products, and direct staff to place the ordinance on the Consent Calendar of the next regular meeting of the City Council for adoption. Staff Report Attachment A – Ordinance Amending City Code Section 4-90.020 (Tobacco Retailer Definitions) Supplemental Memo 12-15-2021, Item 2.3 Written Communications 3. GENERAL BUSINESS 3.1. Saratoga Ministerial Association Event for Martin Luther King Jr. Day 2022 Funding Request Recommended Action: Consider the funding request of $2,190 from the Saratoga Ministerial Association to support an event they plan to host in 2022 for Martin Luther King Jr. Day. Staff Report Attachment A – Funding Request Letter 3.2. Suicide Prevention Policy Recommended Action: Approve the attached resolution establishing a Suicide Prevention Policy. Staff Report Attachment A – Resolution Establishing a Suicide Prevention Policy Supplemental Memo 12-15-2021, Item 3.2 Written Communications 3.3. Adoption of City Council Assignments Recommended Action: Adopt the Resolution establishing City Council assignments for calendar year 2022. Staff Report Attachment A - Resolution Establishing City Council Assignments Attachment B - Assignment Descriptions Saratoga City Council Agenda December 15, 2021 – Page 6 of 7 COUNCIL ASSIGNMENTS 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 Vice Mayor Kookie Fitzsimmons Chamber of Commerce Hakone Foundation Board Santa Clara County Housing and Community Development (HCD) Council Committee Sister City Organization Council Member Mary-Lynne Bernald Hakone Foundation Board & Executive Committee Santa Clara/Santa Cruz Airport/Community Roundtable Saratoga Historical Foundation 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 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 CITY COUNCIL ITEMS COUNCIL COMMUNICATIONS CITY MANAGER'S REPORT ADJOURNMENT Saratoga City Council Agenda December 15, 2021 – Page 7 of 7 CERTIFICATE OF POSTING OF THE AGENDA, DISTRIBUTION OF THE AGENDA PACKET, COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT I, Crystal Bothelio, Assistant City Manager for the City of Saratoga, declare that the foregoing agenda for the meeting of the City Council was posted and available for review on December 9, 2021 at the City of Saratoga, 13777 Fruitvale Avenue, Saratoga, California and on the City's website at www.saratoga.ca.us. Signed this 9th day of December 2021 at Saratoga, California. Crystal Bothelio, Assistant City Manager In accordance with the Ralph M. Brown Act, copies of the staff reports and other materials provided to the City Council by City staff in connection with this agenda, copies of materials distributed to the City Council concurrently with the posting of the agenda, and materials distributed to the City Council by staff after the posting of the agenda are available on the City website at www.saratoga.ca.us and are available for review in the office of the City Clerk at 13777 Fruitvale Avenue, Saratoga, California. In compliance with the Americans with Disabilities Act and the Governor’s Executive Order, if you need assistance to participate in this meeting, please contact the City Clerk at bavrit@saratoga.ca.us or calling 408.868.1216 as soon as possible before the meeting. The City will use its best efforts to provide reasonable accommodations to provide as much accessibility as possible while also maintaining public safety. [28 CFR 35.102-35.104 ADA title II] CITY OF SARATOGA Memorandum To: Mayor Walia & Members of the City Council From: James Lindsay, City Manager Meeting Date: December 15, 2021 Subject: City Council Study Session – 2022 Preview The two discussion topics planned for the December 15 Study Session are 1) Review of the Council’s 2022 meeting schedule; and 2) Council Retreat Draft Discussion Topics. Background information for each discussion topic is attached. Mayor Walia is seeking input from Council Members at the Study Session prior to providing her final direction to staff on these topics. 6 City Council Study Session December 15, 2021 I. Review of 2022 Meeting Schedule • Continuation of Virtual Meetings • Summer Recess Options o 2021 – both meetings in August were canceled o Most years - last meeting in July and first meeting in August were canceled • Discussion of Joint Sessions in 2022 Month Known Meetings & Sessions Available 6pm Time Slots January Joint Sessions - Los Gatos Saratoga Recreation & West Valley-Mission College Board of Trustees City Council Annual Retreat (Special Meeting) 0 February Parks & Recreation Commission Interviews CIP Prioritization Preview (Study Session during a Regular Meeting) City Manager Mid-Year Review (Closed Session) 0 March Planning Commission Interviews (Regular Meeting) Commission Work Plans (Special Meeting) CIP Prioritization (Special Meeting) 1 April Planning Commission Work Plan (Joint Session during Regular Meeting) Fiscal Year 2022/23 Budget Study Session (Special Meeting) 1 May Youth Commission Interviews (Special Meeting) Housing Element Study Session (Special Meeting) - Tentative 2 June City Attorney Review (Closed Session) 1 July City Manager Review (Closed Session) Summer Recess? (July 20 Regular Meeting) 0-1 August Summer Recess? 0-1 September Youth Commission Work Plan (Joint Session during Regular Meeting) Commission Interviews (Parks & Recreation, Library & Community Engagement, and Public Art) 0 October 2 November 2 December Reorganization (Special Meeting) Commission Interviews (Traffic Safety & Heritage Preservation) Housing Element Adoption (Both Regular Meetings) 1 11 7 City Council Regular Meetings typically start at 6pm to allow time for one of the following to occur before the 7pm regular session: 1) Joint Session with a community group, agency, or elected representative (see table below for meeting history) 2) Commission Interviews 3) Study Session 4) Closed Session There have been occasions when the City Council has started Regular Meetings before 6pm to allow time to have several sessions or interviews in one evening. The City Council also holds Special Meetings as needed outside of the Regular Meeting schedule typically for the Annual Retreat and Study Sessions. Organizations City Council Has Met During Joint Sessions Past Joint Sessions Hakone Foundation 2018, 2019, 2020, 2021 Los Gatos Saratoga Recreation 2020, 2021 Montalvo Arts Center 2018, 2019, 2020, 2021 Mountain Winery 2018, 2019 Santa Clara County Fire 2018, 2019, 2020, 2021 Santa Clara County Sheriff’s Office 2018, 2019, 2020, 2021 Santa Clara County Supervisor 2018, 2019, 2020, 2021 Saratoga Area Senior Coordinating Council (SASCC) 2018, 2019, 2020, 2021 Saratoga Chamber of Commerce 2018, 2019, 2020, 2021 Saratoga Community Access Cable TV Foundation (KSAR) 2018, 2019, 2020 Saratoga Historical Foundation 2019, 2020, 2021 Saratoga Ministerial Association 2018, 2019, 2020, 2021 Saratoga Neighborhoods & Neighborhood Watch 2018, 2019, 2021 Saratoga Schools 2018, 2019, 2020, 2021 Saratoga Sister City Group 2018, 2019, 2020 Saratoga Youth in Government 2019 Silicon Valley Leadership Group 2019 State Assembly Member 2018 State Senator 2018, 2019 West Valley – Mission Community College District Board of Trustees 2018, 2019, 2020, 2021 II. Draft Council Retreat Discussion Topics • 2021 in Review • Current Work Efforts in Process • Upcoming Work Efforts • ARPA funding • City Council Goals - Approaches to improve road conditions, others to be determined 8 SARATOGA CITY COUNCIL MEETING DATE:December 15,2021 DEPARTMENT:City Manager’s Department PREPARED BY:Britt Avrit, MMC, City Clerk SUBJECT:Commendations for Annette Stransky, Mitch Kane and Manil Vasantha RECOMMENDED ACTION: Commend Annette Stransky for her service on the Heritage Preservation Commission and Mitch Kane and Manil Vasantha for their service on the Traffic Safety Commission. BACKGROUND: Annette Stransky has served on the Heritage Preservation Commission for two full terms beginning in 2014. Mitch Kane has served on the Traffic Safety Commission since 2013 and served a partial term and two full terms. Manil Vasantha served on the Traffic Safety Commission since 2020. All are to be commended for their dedicated service to the City of Saratoga. ATTACHMENTS: Attachment A –Commendation for Annette Stransky Attachment B –Commendation for Mitch Kane Attachment C –Commendation for Manil Vasantha 9 COMMENDATION OF THE CITY COUNCIL OF THE CITY OF SARATOGA HONORING ANNETTE STRANSKY FOR HER SERVICE ON THE HERITAGE PRESERVATION COMMISSION WHEREAS, Annette Stransky was appointed to the City of Saratoga Heritage Preservation Commission on December 19, 2013 and again on December 6, 2017; and WHEREAS,during Annette’s term as a Heritage Preservation Commissioner, she and the other Heritage Preservation Commissioners worked on adding several Heritage Trees to the Heritage Tree Inventory and played a large role in adding several properties to the City of Saratoga Historic Resource Inventory; and WHEREAS, Annette was integral in the 2018/2019 Village Design Guidelines Update and in the 2019/2020 Heritage Orchard Master Plan Update; and WHEREAS,Annette and the Heritage Preservation Commission created a program for Point of Interest Markers for the City of Saratoga to bring greater awareness to Saratoga’s history, such as the Theater of the Glade, Blossom Festival, Caledonia Paper Mill, the Ohlone Indians, Saratoga’s saloons, the El Quito Olive Farm, Glen Una Ranch, Immigrating to California, and McCartysville; and WHEREAS, Annette was an enthusiastic participant in Saratoga events such as the Blossom Festival, Arbor Day, and the Historic Preservation Month, where she could assist in public outreach about historic preservation; and WHEREAS, Annette was Vice Chair of the Heritage Preservation Commission in 2016 and Chair in 2018; and WHEREAS,it is apparent to all who have worked with Annette that she is a dedicated and hardworking member of the community, and her service and contributions are greatly appreciated by the City Council, Heritage Preservation Commission, and City staff. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Saratoga does hereby recognize Annette Stransky for her many years of service and dedication to the City of Saratoga. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA this 15th day of December 2021. Tina Walia, Mayor City of Saratoga 10 COMMENDATION OF THE CITY COUNCIL OF THE CITY OF SARATOGA HONORING MITCH KANE FOR HIS SERVICE ON THE SARATOGA TRAFFIC SAFETY COMMISSION WHEREAS,Mitch Kane served as a City of Saratoga Traffic Safety Commissioner from September 2013 to December 31, 2021; WHEREAS,during his service on the Traffic Safety Commission, Mitch Kane and the Commission evaluated and helped make recommendations on well over 200 traffic safety concerns for the Saratoga community, improving the traffic safety and quality of life of his community members; and WHEREAS,during his eight years of volunteer service, Mitch and the Traffic Safety Commission approved many traffic calming recommendations, including pedestrian improvements such as new or lighted crosswalks; bike improvements such as new or upgraded bike lanes on Allendale Avenue, Big Basin Way, Herriman Avenue, and Saratoga Avenue; and other improvements such as speed humps and new stop signs; and WHEREAS,Mitch and the Traffic Safety Commission participated in many extra meetings to establish the City’s Safe Routes to School program and the Commission’s Speed Hump Policy; and WHEREAS,Mitch served as Chair of the Traffic Safety Commission in 2018 and mentored new Commissioners and Liaisons while bringing with him valuable institutional knowledge from his previous terms on the Traffic Safety Commission; and NOW, THEREFORE, BE IT RESOLVED,that the City Council of the City of Saratoga does hereby extend its sincere appreciation and gratitude to Mitch Kane for his dedicated service and contributions to the City of Saratoga. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 15th day of December 2021. Tina Walia, Mayor City of Saratoga 11 COMMENDATION OF THE CITY COUNCIL OF THE CITY OF SARATOGA HONORING MANIL VASANTHA FOR HIS SERVICE ON THE SARATOGA TRAFFIC SAFETY COMMISSION WHEREAS,Manil Vasantha served as a City of Saratoga Traffic Safety Commissioner from March 2020 to December 31, 2021; and WHEREAS,during his service on the Traffic Safety Commission, Manil Vasantha evaluated and helped make recommendations on over 40 traffic safety concerns for the Saratoga community, improving the traffic safety and quality of life of his community members; and WHEREAS,during his two years of volunteer service, Manil and the Traffic Safety Commission approved many traffic calming recommendations, such as new striping and speed humps at various locations in the City; and WHEREAS,Manil and the Traffic Safety Commission participated in extra meetings to establish the Commission’s Speed Hump Policy; and WHEREAS, Manil and the Traffic Safety Commission helped make bicycling safer in Saratoga by approving the Saratoga Avenue Bike Lane Plan; and WHEREAS,Manil brought to the Commission his optimism and a strong desire to improve traffic safety in Saratoga; and NOW, THEREFORE, BE IT RESOLVED,that the City Council of the City of Saratoga does hereby extend its sincere appreciation and gratitude to Manil Vasantha for his dedicated service and contributions to the City of Saratoga. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 15th day of December 2021. Tina Walia, Mayor City of Saratoga 12 SARATOGA CITY COUNCIL MEETING DATE:December 15, 2021 DEPARTMENT:City Manager’s Department PREPARED BY:Britt Avrit, MMC, City Clerk SUBJECT:Appointment of Heritage Preservation Commissioner RECOMMENDED ACTION: Adopt the Resolution appointing one member to the Heritage Preservation Commission and direct the City Clerk to administer the Oath of Office. BACKGROUND: Earlier this year, the City opened the recruitment for one full term on the Heritage Preservation Commission for a term ending on December 31, 2025 with a requirement that the individual be nominated by the Saratoga Historical Foundation. Two applications were received and only one of the applicants was nominated by the Saratoga Historical Foundation.The City Council interviewed the Foundation’s nominee on December 1, 2021. The City Council selected the following applicant to serve as follows: ATTACHMENT: Attachment A -Resolution, Heritage Preservation Commission Appointment Name Commission Term Joseph Wherry Heritage Preservation Full Term January 1, 2022 -December 31, 2025 13 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPOINTING ONE MEMBER TO THE HERITAGE PRESERVATION COMMISSION WHEREAS, one vacancy was created on the Heritage Preservation Commission from the expired term of Annette Stransky; WHEREAS, the City announced the vacancies, accepted applications until November 19, 2021 and the City Council conducted interviews on December 1, 2021. NOW, THEREFORE,the City Council of the City of Saratoga hereby resolves that the following individual is appointed to Saratoga’s Heritage Preservation Commission as follows: Name Commission Term Joseph Wherry Heritage Preservation Full Term January 1, 2022 - December 31, 2025 The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 15 th day of December 2021, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Tina Walia, Mayor ATTEST: DATE: Britt Avrit, MMC, City Clerk 14 SARATOGA CITY COUNCIL MEETING DATE:December 15, 2021 DEPARTMENT:City Manager’s Department PREPARED BY:Kayla Nakamoto, Administrative Analyst SUBJECT:Proclamation Declaring December 3, 2021 as International Day of Persons with Disabilities RECOMMENDED ACTION: Proclaim December 3, 2021 as International Day of Persons with Disabilities in the City of Saratoga. BACKGROUND: December 3, 2021 is recognized around the world as International Day of Persons with Disabilities. The goal of this day is to raise awareness of the more than 1 billion people in the world that live with some form of disability. International Day of Persons with Disabilities 2021 emphasizes the theme “Leadership and participation of persons with disabilities toward an inclusive, accessible and sustainable post-COVID-19 world”. The observance of the Day aims to promote rights and well-being of persons with disabilities in all facets of society and to increase awareness of the situation of persons with disabilities in every part of political, social, economic and cultural life. ATTACHMENTS: Attachment A –International Day of Persons with Disabilities Proclamation 15 PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF SARATOGA DECLARING DECEMBER 3, 2021 AS INTERNATIONAL DAY OF PERSONS WITH DISABILITIES WHEREAS,December 3, 2021, is recognized internationally as Persons with Disabilities Day; and WHEREAS,the annual observance of International Day of Disabled Persons was proclaimed in 1992 by the United Nations General Assembly Resolution 47/3; and WHEREAS, more than 1 billion people in the world live with some form of disability and these individuals end up disconnected or living in isolation in many societies; and WHEREAS,the 2021 theme for International Day of Persons with Disabilities “Leadership and participation of persons with disabilities toward an inclusive, accessible and sustainable post-COVID-19 world”; and WHEREAS, raising awareness helps to promote the rights and well-being of people with disabilities in all domains of society; and WHEREAS, understanding and education also encourages a more inclusive society that empowers people with disabilities to fully participate in their communities; and WHEREAS, on November 18, 2020, the City Council established the Inclusive Playground Policy by Resolution 20-074 that outlines guidelines for the City to go above the minimum accessibility requirements to create a more inclusive community; and WHEREAS, People with Disabilities Day also provides an opportunity to celebrate achievements and contributions that have been made towards increasing understanding and acceptance of people with disabilities, such as the City dances for individuals with disabilities. NOW, THEREFORE, BE IT RESOLVED, that the City Council of Saratoga does hereby proclaim December 3, 2021 as International Day of Persons with Disabilities, recognizes the efforts of dedicated community members who are helping to increase awareness and community involvement of people with disabilities, and encourages Saratoga residents to become more informed and seek opportunities to create a more inclusive environment for all members of the Saratoga community. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 15 th day of December 2021. Tina Walia, Mayor City of Saratoga 16 SARATOGA CITY COUNCIL MEETING DATE: December 15, 2021 DEPARTMENT: City Manager’s Department PREPARED BY: Britt Avrit, MMC, City Clerk SUBJECT: City Council Meeting Minutes RECOMMENDED ACTION: Approve the Minutes for the December 1, 2021 City Council Meeting. BACKGROUND: Draft City Council Minutes for each Council Meeting are taken to the City Council to be reviewed for accuracy and approval. Following City Council approval, minutes are retained for legislative history and posted on the City of Saratoga website. The draft minutes are attached to this report for Council review and approval. FOLLOW UP ACTION: Minutes will be retained for legislative history and posted on the City of Saratoga website. ATTACHMENTS: Attachment A – Minutes for the December 1, 2021 City Council Meeting 17 18 19 20 21 22 23 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 11/23/2021 144346 144397 52 407,194.17 11/23/2021 11/17/2021 144345 12/1/2021 144398 144427 30 145,438.74 12/1/2021 11/23/2021 144397 12/7/2021 144428 144469 42 143,408.57 12/7/2021 12/1/2021 144427 Accounts Payable checks issued for $20,000 or greater: Date Check #Dept.Amount 11/23/2021 144360 Eric & Karla Earnst Gas Tax Fund PW Refund Deposit 47,537.37 11/23/2021 144390 SYL Construction CIP Street Projects Fund PW Pathway Rehab Proj/Release Ret 40,555.89 11/23/2021 144396 Villalobos & Associates CIP Street Projects Fund PW Various 198,325.00 12/1/2021 144408 Fehr & Peers CIP Street Projects Fund PW TSC, SR2S 20,321.25 12/1/2021 144415 Oscar Urvizo Tellez General Fund Admin Emergency Cleanup 27,125.00 12/1/2021 144422 Shute, Mihaly & Weinberger General Admin Legal 31,724.89 12/1/2021 144426 Traffic Patterns CIP St Proj/Admin PW/Adm Traffic Eng & Signals 33,361.50 12/7/2021 144439 Fehr & Peers CIP Street Projects Fund PW TSC, SR2S 25,655.81 12/7/2021 144459 Santa Clara County FireSafe Council General Fund Admin Wildfire Prevention 25,000.00 Accounts Payable checks voided during this time period: AP Date Check #Amount 11/23/2021 143262 Juliette Faraco Lost Check 125.00 11/24/2021 144382 County Recorder's Office Print 3 separate checks 15.00 12/7/2021 144339 41.49 ATTACHMENTS: Check Registers in the 'A/P Checks By Period and Year' report format Accounts Payable Fund Purpose StatusReason Issued to Issued to Reissued Reissued Sheila Tucker Charge on Cal Card Stmt Void Only Prior Check RegisterChecks ReleasedTotal Checks Amount Accounts Payable Accounts Payable SARATOGA CITY COUNCIL MEETING DATE:December 15, 2021 DEPARTMENT:Finance & Administrative Services 11/23/21 Period 5; 12/1/21 Period 6; 12/7/21 Period 6 PREPARED BY: Ending Check # Starting Check #Type of Checks Date 24 SUNGARD PUBLIC SECTOR PAGE NUMBER: 1 DATE: 11/23/2021 CITY OF SARATOGA VENCHK11 TIME: 19:09:26 CHECK REGISTER - FUND TOTALS ACCOUNTING PERIOD: 5/22 FUND FUND TITLE AMOUNT 111 GENERAL FUND 88,744.50 241 ARROYO DE SARATOGA LNDSCP 3,800.94 411 CIP STREET PROJECTS FUND 245,128.34 414 CIP ADMIN PROJECTS FUND 7,288.75 431 CIP GRANT - STREET REPAIR 2,476.80 481 GAS TAX FUND 45,179.00 612 WORKERS COMP FUND 39.00 621 OFFICE SUPPORT 32.73 622 IT SERVICES 6,114.22 623 VEHICLE & EQUIPMENT MAINT 1,872.73 624 BUILDING MAINTENANCE 5,560.01 632 IT EQUIPMENT REPLACEMENT 957.15 TOTAL REPORT 407,194.17 25 SUNGARD PUBLIC SECTOR PAGE NUMBER: 1 DATE: 11/23/2021 CITY OF SARATOGA VENCHK11 TIME: 19:08:46 CHECK REGISTER ACCOUNTING PERIOD: 5/22 FUND - 009 - DISBURSEMENT FUND CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT 144346 11111 11/23/21 234 A T & T 63211 QUITO IRRIG MODEM LN 22.46 144346 11111 11/23/21 234 A T & T 63211 TITUS/PRSPCT MED IRR 23.31 144346 11111 11/23/21 234 A T & T 63211 PRSPCT RD FIRE ALARMS 43.83 144346 11111 11/23/21 234 A T & T 63211 HISTORICAL PK IRRIG 23.31 144346 11111 11/23/21 234 A T & T 63211 SUPERTRUNK 414.19 144346 11111 11/23/21 234 A T & T 63211 BIG BASIN WAY IRRIG 23.32 TOTAL CHECK 550.42 144347 11111 11/23/21 1130 ABLE SEPTIC TANK SVC 64212 PLUMBING GLEN BRAE DR 684.98 144347 11111 11/23/21 1130 ABLE SEPTIC TANK SVC 64212 PLUMBING QUITO PARK 210.00 TOTAL CHECK 894.98 144348 11111 11/23/21 35 ACCENT GRAPHICS 61111 PRINTING 131.59 144348 11111 11/23/21 35 ACCENT GRAPHICS 61111 PRINTING 796.16 TOTAL CHECK 927.75 144349 11111 11/23/21 953 ARC 64121 22100 ROLLING HILLS 123.53 144350 11111 11/23/21 1187 ASSOCIATED SERVICES COMPA 61133 FACILTIES SUPPLIES 274.68 144350 11111 11/23/21 1187 ASSOCIATED SERVICES COMPA 61133 FACILITIES SUPPLIES 196.31 TOTAL CHECK 470.99 144351 11111 11/23/21 287 BAY AREA AIR QUALITY MANA 62143 PERMIT & EQUIPMENT 255.00 144352 11111 11/23/21 500 BRITT AVRIT 66212 CONFERENCE EXP REIMB 100.00 144353 11111 11/23/21 587 CALIFORNIA DEPT. TAX AND 62144 FUEL REPORT 28.33 144354 11111 11/23/21 179 CIM AIR, INC 64514 HVAC PM SVCS 995.00 144354 11111 11/23/21 179 CIM AIR, INC 64514 REMOTE SITES PM SVCS 995.00 144354 11111 11/23/21 179 CIM AIR, INC 64514 HVAC REPAIRS 400.00 TOTAL CHECK 2,390.00 144355 11111 11/23/21 1357 COMCAST 63213 COMCAST(PROSPECT) 106.22 144356 11111 11/23/21 1624 CONFIDENCE UST SERVICES, 64611 OVERFILL PREV SYSTEM 465.00 144357 11111 11/23/21 1570 DEBBIE PEDRO 61192 WELLNESS GRANT REIMB 39.00 144358 11111 11/23/21 225 DELL MARKETING L.P. C/O D 61272 DESKTOP COMPUTERS 957.15 144359 11111 11/23/21 378 EKIM PAINTING - NORTH, IN 64212 4TH ST BRIDGE GRAFFIT 900.00 144360 11111 11/23/21 500 ERIC & KARLA EARNST 22113 ARB180037/MWELO180001 45,730.00 144360 11111 11/23/21 500 ERIC & KARLA EARNST 22111 ARB180037/MWELO180001 1,807.37 TOTAL CHECK 47,537.37 144361 11111 11/23/21 454 GACHINA LANDSCAPE MANAGEM 64212 VICKRY FOOTPATH RENOV 816.77 144361 11111 11/23/21 454 GACHINA LANDSCAPE MANAGEM 64212 MONTALVO FOOTPATH REN 429.78 144361 11111 11/23/21 454 GACHINA LANDSCAPE MANAGEM 64541 BLAINE PLZ PLANT INF 569.00 TOTAL CHECK 1,815.55 144362 11111 11/23/21 528 GATES + ASSOCIATES 81142 OCT VILL PED ENHNCMNT 19,820.00 144363 11111 11/23/21 1268 GIULIANI & KULL - SAN JOS 22119 SUB20-0001 HERRIMAN 70.00 144363 11111 11/23/21 1268 GIULIANI & KULL - SAN JOS 65519 SEPT PGE EASEMENT 280.00 26 SUNGARD PUBLIC SECTOR PAGE NUMBER: 2 DATE: 11/23/2021 CITY OF SARATOGA VENCHK11 TIME: 19:08:46 CHECK REGISTER ACCOUNTING PERIOD: 5/22 FUND - 009 - DISBURSEMENT FUND CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT 144363 11111 11/23/21 1268 GIULIANI & KULL - SAN JOS 22119 SUB20-0004 QUITO VILL 140.00 TOTAL CHECK 490.00 144364 11111 11/23/21 488 HOME DEPOT CREDIT SERVICE 61341 PARKS-LNDSCP SUPPLY 1,763.73 144364 11111 11/23/21 488 HOME DEPOT CREDIT SERVICE 61331 STREETS RD MTN SUPPLY 316.90 TOTAL CHECK 2,080.63 144365 11111 11/23/21 491 HUMAN BEHAVIOR ASSOCIATES 65122 OCT EAP COUNSELING 190.00 144366 11111 11/23/21 14 HYDROTEC IRRIGATION EQUIP 64212 PRSPCT RD ISLND/BLANY 152.37 144366 11111 11/23/21 14 HYDROTEC IRRIGATION EQUIP 64734 EL CAMINO GRANDA 93.75 144366 11111 11/23/21 14 HYDROTEC IRRIGATION EQUIP 64212 GARDNER PK FOUNTAIN 76.00 144366 11111 11/23/21 14 HYDROTEC IRRIGATION EQUIP 64212 EL QUITO FOUNTAIN 91.98 144366 11111 11/23/21 14 HYDROTEC IRRIGATION EQUIP 64549 ARROYO SARATOGA 3,800.94 TOTAL CHECK 4,215.04 144367 11111 11/23/21 63 INTERSTATE TRAFFIC CONTRO 64557 QUARRY MTN 207.81 144368 11111 11/23/21 500 MAOTAO ZHANG 22113 TRP21-0134 1,300.00 144369 11111 11/23/21 500 MARILYN CLAWSON 43481 TRP#21-0484 125.00 144370 11111 11/23/21 1718 MPH INDUSTRIES, INC. 81121 STREET SCOUT TRAILER - QU 15,666.01 144371 11111 11/23/21 79 MUNISERVICES/AVENU 65132 Q2 FY21 STARS 500.00 144372 11111 11/23/21 1572 NBBM SERVICES, INC 64511 JANITORIAL SERVICES 999.00 144372 11111 11/23/21 1572 NBBM SERVICES, INC 64511 JANITORIAL SERVICES 1,242.00 TOTAL CHECK 2,241.00 144373 11111 11/23/21 1062 NI GOVERNMENT SERVICES, I 63211 ADMIN FEES 77.37 144374 11111 11/23/21 1182 ORCHARD CITY LOCK & SAFE, 64212 CSP SVC CALL 207.00 144375 11111 11/23/21 918 O'REILLY AUTO PARTS 61361 AUTO PARTS 87.19 144376 11111 11/23/21 1087 OSCAR URVIZO TELLEZ/OSCAR 64581 CSP CLEANUP 4,500.00 144376 11111 11/23/21 1087 OSCAR URVIZO TELLEZ/OSCAR 64581 CLEANUP FARWELL AVE 2,600.00 144376 11111 11/23/21 1087 OSCAR URVIZO TELLEZ/OSCAR 64544 SARA-SUNNYVLE CLEANUP 5,400.00 TOTAL CHECK 12,500.00 144377 11111 11/23/21 173 PACIFIC GAS & ELECTRIC 63111 CITY WIDE ST LIGHTS 19.53 144377 11111 11/23/21 173 PACIFIC GAS & ELECTRIC 63111 VILLAGE LIGHTING 465.83 TOTAL CHECK 485.36 144378 11111 11/23/21 1092 PALACE ART & OFFICE SUPPL 61111 OFFICE SUPPLIES 92.78 144378 11111 11/23/21 1092 PALACE ART & OFFICE SUPPL 61121 OFFICE SUPPLIES 32.73 TOTAL CHECK 125.51 144379 11111 11/23/21 1423 PERRY THORWALDSON/THOR AU 68621 SARA TREE LIGHTING 1,600.00 144380 11111 11/23/21 500 PU HSU 22113 ARB18-00054 8,440.00 144380 11111 11/23/21 500 PU HSU 22111 ARB18-00054 72.81 TOTAL CHECK 8,512.81 144381 11111 11/23/21 500 RASHMI REDDY 43481 TRP20-0401 125.00 27 SUNGARD PUBLIC SECTOR PAGE NUMBER: 3 DATE: 11/23/2021 CITY OF SARATOGA VENCHK11 TIME: 19:08:46 CHECK REGISTER ACCOUNTING PERIOD: 5/22 FUND - 009 - DISBURSEMENT FUND CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT 144382 11111 11/23/21 1 RECORDER OFFICE OF COUNTY 62123 SUB20-0004 SUB AGREE 5.00 144382 11111 11/23/21 1 RECORDER OFFICE OF COUNTY 62123 SUB20-0004 EASMNT DED 5.00 144382 11111 11/23/21 1 RECORDER OFFICE OF COUNTY 62123 NOTICE OF COMPLETION 5.00 TOTAL CHECK 15.00 144383 11111 11/23/21 500 ROBERT HSIAO 43481 TRP#21-0474 125.00 144384 11111 11/23/21 1342 SANDBAG STORE, LLC 81121 HD POLY SANDBAGS 7,790.00 144385 11111 11/23/21 98 SARATOGA CHAMBER OF COMME 68618 (2)21 WINE STROLL TIX 140.00 144386 11111 11/23/21 160 SIERRA PACIFIC TURF SUPPL 61341 RYEGRASS 2,955.77 144387 11111 11/23/21 256 STEVENS CREEK QUARRY INC 81121 WASHED SAND 395.24 144388 11111 11/23/21 1453 SUPERION, LLC 64312 MTN CONTRACT 5,030.00 144389 11111 11/23/21 1165 SUPERIOR HYDROSEEDING, IN 81161 PIERCE ROAD STABILIZATION 2,460.00 144389 11111 11/23/21 1165 SUPERIOR HYDROSEEDING, IN 81161 CONTINENTAL CIRCLE STABIL 7,772.00 TOTAL CHECK 10,232.00 144390 11111 11/23/21 1670 SYL CONSTRUCTION INC. 81161 PATHWY REHAB PROJ 4,513.78 144390 11111 11/23/21 1670 SYL CONSTRUCTION INC. 81161 PATHWY REHAB PROJ 32,624.73 144390 11111 11/23/21 1670 SYL CONSTRUCTION INC. 21132 RET HOLD PO0125 -1,631.23 144390 11111 11/23/21 1670 SYL CONSTRUCTION INC. 21132 RET HOLD PO0125 -225.69 144390 11111 11/23/21 1670 SYL CONSTRUCTION INC. 21132 RELEASE RETENTION 5,274.30 TOTAL CHECK 40,555.89 144391 11111 11/23/21 277 T.A.K.'S EQUIPMENT SALES 64611 AUTO REPAIR 1,037.21 144392 11111 11/23/21 343 TMT ENTERPRISES INC 61341 REDWOOD SAWDUST 437.51 144392 11111 11/23/21 343 TMT ENTERPRISES INC 61341 REDWOOD SAWDUST 328.13 144392 11111 11/23/21 343 TMT ENTERPRISES INC 61341 REDWOOD SAWDUST 2,583.53 TOTAL CHECK 3,349.17 144393 11111 11/23/21 354 TONY LEM 64541 ALL WEATHER FLAG 367.19 144393 11111 11/23/21 354 TONY LEM 64541 FLAGS 367.93 TOTAL CHECK 735.12 144394 11111 11/23/21 1707 URBAN PLANNING PARTNERS, 81141 OCT HOUSING ELEMENT 7,288.75 144395 11111 11/23/21 500 VIKRANT GHAI 43481 TRP#21-0502 125.00 144396 11111 11/23/21 1524 VILLALOBOS & ASSOCIATES 81161 SARA AVE #3 IMPRVMNTS 2,476.80 144396 11111 11/23/21 1524 VILLALOBOS & ASSOCIATES 81161 QUITO RD & PASEO PRES 63,500.00 144396 11111 11/23/21 1524 VILLALOBOS & ASSOCIATES 81161 4TH ST SPRINGR PATHWY 19,029.00 144396 11111 11/23/21 1524 VILLALOBOS & ASSOCIATES 81161 RAMPS & DOME RETROFIT 14,762.00 144396 11111 11/23/21 1524 VILLALOBOS & ASSOCIATES 81161 RAMPS & DOME RETROFIT 9,243.20 144396 11111 11/23/21 1524 VILLALOBOS & ASSOCIATES 81161 QUITO RD CURB & GUTTR 23,773.00 144396 11111 11/23/21 1524 VILLALOBOS & ASSOCIATES 81161 QUITO RD CURB & GUTTR 2,377.00 144396 11111 11/23/21 1524 VILLALOBOS & ASSOCIATES 81161 MENDELSOHN LANE WALKWAY I 33,464.00 144396 11111 11/23/21 1524 VILLALOBOS & ASSOCIATES 81161 CAMINO BARCO AND COMER DR 24,500.00 144396 11111 11/23/21 1524 VILLALOBOS & ASSOCIATES 81161 RAMP QUITO/ASPESI DR 5,200.00 TOTAL CHECK 198,325.00 28 SUNGARD PUBLIC SECTOR PAGE NUMBER: 4 DATE: 11/23/2021 CITY OF SARATOGA VENCHK11 TIME: 19:08:46 CHECK REGISTER ACCOUNTING PERIOD: 5/22 FUND - 009 - DISBURSEMENT FUND CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT 144397 11111 11/23/21 696 ZAG TECHNICAL SERVICES, I 64315 IT SUPPORT SVCS 978.00 TOTAL FUND 407,194.17 TOTAL REPORT 407,194.17 29 SUNGARD PUBLIC SECTOR PAGE NUMBER: 1 DATE: 12/01/2021 CITY OF SARATOGA VENCHK11 TIME: 16:25:28 CHECK REGISTER - FUND TOTALS ACCOUNTING PERIOD: 6/22 FUND FUND TITLE AMOUNT 111 GENERAL FUND 93,039.81 276 TOLLGATE L&L 426.05 411 CIP STREET PROJECTS FUND 36,616.40 412 CIP PARKS PROJECT FUND 500.00 414 CIP ADMIN PROJECTS FUND 1,525.10 621 OFFICE SUPPORT 4,389.54 622 IT SERVICES 2,262.68 623 VEHICLE & EQUIPMENT MAINT 4,859.93 624 BUILDING MAINTENANCE 1,819.23 TOTAL REPORT 145,438.74 30 SUNGARD PUBLIC SECTOR PAGE NUMBER: 1 DATE: 12/01/2021 CITY OF SARATOGA VENCHK11 TIME: 16:25:00 CHECK REGISTER ACCOUNTING PERIOD: 6/22 FUND - 009 - DISBURSEMENT FUND CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT 144398 11111 12/01/21 1187 ASSOCIATED SERVICES COMPA 61133 FACILITIES SUPPLIES 59.70 144399 11111 12/01/21 1192 BAKER'S LOCK AND KEY SERV 61133 FACILITIES SUPPLIES 34.49 144400 11111 12/01/21 641 BKF ENGINEERS 81143 NOV PEDESTRIAN ENHANC 4,270.00 144400 11111 12/01/21 641 BKF ENGINEERS 81144 NOV VILLAGE SURVEY 2,214.00 144400 11111 12/01/21 641 BKF ENGINEERS 81143 NOV GUAVA RR XING DES 500.00 TOTAL CHECK 6,984.00 144401 11111 12/01/21 1569 COMCAST 63213 COMCAST(PRIMARY) 560.04 144402 11111 12/01/21 991 COMCAST 63213 COMCAST (TV) 47.90 144403 11111 12/01/21 1369 COMCAST CORPORATION 63213 COMCAST(P2P) 676.74 144404 11111 12/01/21 1624 CONFIDENCE UST SERVICES, 62144 UST OPERATOR INSPECT 230.00 144405 11111 12/01/21 342 DATA TICKET INC 62481 OCT CITATIONS 100.00 144406 11111 12/01/21 500 DONALD PACKWOOD 46211 RES #35128 TECH PROB 400.00 144406 11111 12/01/21 500 DONALD PACKWOOD 24211 RES #35128 500.00 TOTAL CHECK 900.00 144407 11111 12/01/21 1688 ENVIRONMENTAL SCIENCE ASS 81141 OCT BRIDGE MTN REPAIR 727.50 144408 11111 12/01/21 423 FEHR & PEERS 65511 TSC 13,331.25 144408 11111 12/01/21 423 FEHR & PEERS 81143 SR2S 1,525.10 144408 11111 12/01/21 423 FEHR & PEERS 81143 SR2S 5,464.90 TOTAL CHECK 20,321.25 144409 11111 12/01/21 563 HEID, W JEFFREY 22119 MWEL021-0001 1,450.00 144410 11111 12/01/21 500 LINDA ARMENTANO 46291 MED BANNER PROG REF 120.00 144411 11111 12/01/21 499 CARPENTERS LOCAL 2236 (MI 21262 DED:3000 DUES 260.00 144412 11111 12/01/21 678 MUNICIPAL CODE CORPORATIO 64141 UPDATES & SUPPLEMENT 260.00 144413 11111 12/01/21 1572 NBBM SERVICES, INC 64511 JANITORIAL SERVICES 810.00 144414 11111 12/01/21 145 OFFICE DEPOT INC. 61111 OFFICE SUPPLIES 51.16 144414 11111 12/01/21 145 OFFICE DEPOT INC. 61111 OFFICE SUPPLIES 4.27 TOTAL CHECK 55.43 144415 11111 12/01/21 1087 OSCAR URVIZO TELLEZ/OSCAR 64544 CLEANUP BIG BASIN WAY 2,125.00 144415 11111 12/01/21 1087 OSCAR URVIZO TELLEZ/OSCAR 64871 SAN MARCOS FIRE MITIGATIO 25,000.00 TOTAL CHECK 27,125.00 144416 11111 12/01/21 1092 PALACE ART & OFFICE SUPPL 61121 OFFICE SUPPLIES 552.09 144417 11111 12/01/21 1 RECORDER OFFICE OF COUNTY 62123 SUB20-0004 SUBDIVISIO 5.00 144418 11111 12/01/21 1 RECORDER OFFICE OF COUNTY 62123 SUB20-0004 EASEMENT 5.00 144419 11111 12/01/21 1 RECORDER OFFICE OF COUNTY 62123 NOTICE OF COMPLETION 5.00 31 SUNGARD PUBLIC SECTOR PAGE NUMBER: 2 DATE: 12/01/2021 CITY OF SARATOGA VENCHK11 TIME: 16:25:00 CHECK REGISTER ACCOUNTING PERIOD: 6/22 FUND - 009 - DISBURSEMENT FUND CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT 144420 11111 12/01/21 87 SAN JOSE WATER COMPANY 63112 BUILDINGS 882.27 144420 11111 12/01/21 87 SAN JOSE WATER COMPANY 63112 PARKS/OPEN SPACE 5,833.83 144420 11111 12/01/21 87 SAN JOSE WATER COMPANY 63112 TOLLGATE 426.05 144420 11111 12/01/21 87 SAN JOSE WATER COMPANY 63112 MEDIANS/PARKWAYS 1,818.91 TOTAL CHECK 8,961.06 144421 11111 12/01/21 111 SARATOGA HISTORICAL FOUND 63211 PHONE BILL 32.77 144422 11111 12/01/21 154 SHUTE MIHALY & WEINBERGER 22119 RW 1,618.40 144422 11111 12/01/21 154 SHUTE MIHALY & WEINBERGER 22119 SB 35 PROJECT 33.10 144422 11111 12/01/21 154 SHUTE MIHALY & WEINBERGER 65212 ADMIN SVC 558.60 144422 11111 12/01/21 154 SHUTE MIHALY & WEINBERGER 65213 CDD 2,089.30 144422 11111 12/01/21 154 SHUTE MIHALY & WEINBERGER 65219 CITY CLERK 505.40 144422 11111 12/01/21 154 SHUTE MIHALY & WEINBERGER 65211 CM 532.00 144422 11111 12/01/21 154 SHUTE MIHALY & WEINBERGER 65216 FACILITIES 79.80 144422 11111 12/01/21 154 SHUTE MIHALY & WEINBERGER 65215 PW 3,110.30 144422 11111 12/01/21 154 SHUTE MIHALY & WEINBERGER 65227 RISK MANAGEMENT 334.40 144422 11111 12/01/21 154 SHUTE MIHALY & WEINBERGER 65213 CDD 2,116.80 144422 11111 12/01/21 154 SHUTE MIHALY & WEINBERGER 65219 CITY CLERK 1,839.60 144422 11111 12/01/21 154 SHUTE MIHALY & WEINBERGER 65211 CM 2,318.40 144422 11111 12/01/21 154 SHUTE MIHALY & WEINBERGER 65216 FACILITIES 252.00 144422 11111 12/01/21 154 SHUTE MIHALY & WEINBERGER 65256 NON-DEP 183.59 144422 11111 12/01/21 154 SHUTE MIHALY & WEINBERGER 65217 OH/CC MEETINGS 2,595.60 144422 11111 12/01/21 154 SHUTE MIHALY & WEINBERGER 65215 PW 12,171.60 144422 11111 12/01/21 154 SHUTE MIHALY & WEINBERGER 65227 RISK MANAGEMENT 1,386.00 TOTAL CHECK 31,724.89 144423 11111 12/01/21 1690 SOUTHERN COUNTIES LUBRICA 61362 FUEL 4,629.93 144424 11111 12/01/21 1394 ST. FRANCIS ELECTRIC, LLC 64534 AUG TS RESPONSE 624.00 144425 11111 12/01/21 1642 TOSHIBA FINANCIAL SERVICE 62612 COPIER LEASE 3,171.96 144425 11111 12/01/21 1642 TOSHIBA FINANCIAL SERVICE 62612 COPIER MAINTENANCE 665.49 TOTAL CHECK 3,837.45 144426 11111 12/01/21 1587 TRAFFIC PATTERNS 81161 SMART TRAFFIC SIGNALS SYS 23,940.00 144426 11111 12/01/21 1587 TRAFFIC PATTERNS 64535 ON CALL TRAFFIC ENG 9,421.50 TOTAL CHECK 33,361.50 144427 11111 12/01/21 696 ZAG TECHNICAL SERVICES, I 64315 NOV 21 IT SUPPORT SVC 978.00 TOTAL FUND 145,438.74 TOTAL REPORT 145,438.74 32 SUNGARD PUBLIC SECTOR PAGE NUMBER: 1 DATE: 12/07/2021 CITY OF SARATOGA VENCHK11 TIME: 14:33:36 CHECK REGISTER - FUND TOTALS ACCOUNTING PERIOD: 6/22 FUND FUND TITLE AMOUNT 111 GENERAL FUND 85,982.56 411 CIP STREET PROJECTS FUND 26,733.17 413 CIP FACILITY PROJECT FUND 915.75 414 CIP ADMIN PROJECTS FUND 21.50 612 WORKERS COMP FUND 158.00 621 OFFICE SUPPORT 2,518.13 622 IT SERVICES 4,714.06 623 VEHICLE & EQUIPMENT MAINT 136.47 624 BUILDING MAINTENANCE 13,098.37 713 WVCWP AGENCY FUND 9,130.56 TOTAL REPORT 143,408.57 33 SUNGARD PUBLIC SECTOR PAGE NUMBER: 1 DATE: 12/07/2021 CITY OF SARATOGA VENCHK11 TIME: 14:32:54 CHECK REGISTER ACCOUNTING PERIOD: 6/22 FUND - 009 - DISBURSEMENT FUND CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT 144428 11111 12/07/21 234 A T & T 63211 MTHLY RECURRING CHGS 166.16 144428 11111 12/07/21 234 A T & T 63211 PROSPECT CENTER 107.12 144428 11111 12/07/21 234 A T & T 63211 BLANEY IRRIGATION 22.70 144428 11111 12/07/21 234 A T & T 63211 PRSPCT CTR EMERG ALRM 274.21 144428 11111 12/07/21 234 A T & T 63211 CORP YD EMERG POTS LN 43.71 144428 11111 12/07/21 234 A T & T 63211 ALARM SYS PHONES 213.37 144428 11111 12/07/21 234 A T & T 63211 SR CTR ALARMS 43.97 144428 11111 12/07/21 234 A T & T 63211 GATEWAY IRRIG CONTROL 22.68 144428 11111 12/07/21 234 A T & T 63211 PG&E ELECTRICAL PANEL 21.02 144428 11111 12/07/21 234 A T & T 63211 PHONE LNS PARKS/LIB 23.23 144428 11111 12/07/21 234 A T & T 63211 EMERG POTS LINE 21.02 144428 11111 12/07/21 234 A T & T 63211 EMERG POT LN CDD LBBY 22.68 144428 11111 12/07/21 234 A T & T 63211 EMERG POTS LN VM 27.87 144428 11111 12/07/21 234 A T & T 63211 AM 1610 RADIO 22.68 144428 11111 12/07/21 234 A T & T 63211 BOOK GO ROUND ALARM 44.44 144428 11111 12/07/21 234 A T & T 63211 CSP HVB FOR IRRIG 44.79 TOTAL CHECK 1,121.65 144429 11111 12/07/21 546 ASSOC OF BAY AREA GOV/ABA 63111 GAS SERVICE 639.14 144430 11111 12/07/21 1130 ABLE SEPTIC TANK SVC 64212 QUITO PARK PLUMBING 395.00 144430 11111 12/07/21 1130 ABLE SEPTIC TANK SVC 64212 QUITO PARK RESTROOM 561.60 TOTAL CHECK 956.60 144431 11111 12/07/21 1162 CAPITOL CHEVROLET 61361 SOP MOLDING 38.16 144432 11111 12/07/21 1699 CLASSIC ACOUSTICS 64529 THEATRE PANEL INSTALL 9,989.25 144433 11111 12/07/21 1023 CONTRACT SWEEPING SERVICE 64531 STREET SWEEPER SVCS 19,087.50 144434 11111 12/07/21 250 COTTON SHIRES AND ASSOCIA 22119 GEO21-0033 (S6261) 325.00 144434 11111 12/07/21 250 COTTON SHIRES AND ASSOCIA 22119 GEO21-0030(S6301) 1,409.00 144434 11111 12/07/21 250 COTTON SHIRES AND ASSOCIA 22119 GEO21-0032 (S6311) 1,452.00 TOTAL CHECK 3,186.00 144435 11111 12/07/21 500 CUPERTINO ROOFING 43112 PERMIT 21-2191 1.50 144435 11111 12/07/21 500 CUPERTINO ROOFING 43117 PERMIT 21-2191 20.00 144435 11111 12/07/21 500 CUPERTINO ROOFING 41412 PERMIT 21-2191 58.08 144435 11111 12/07/21 500 CUPERTINO ROOFING 43471 PERMIT 21-2191 329.11 TOTAL CHECK 408.69 144436 11111 12/07/21 1681 DAVEY RESOURCE GROUP, INC 22119 OCT 21 ARBORIST 4,611.25 144437 11111 12/07/21 500 DIVYA PURI 68353 NBRHD WATCH GRANT 300.00 144438 11111 12/07/21 416 EVANS WEST VALLEY SPRAY 81161 ROADSIDE WEED CONTROL 5,500.00 144439 11111 12/07/21 423 FEHR & PEERS 65511 TSC 8,673.56 144439 11111 12/07/21 423 FEHR & PEERS 81143 SR2S 13,905.00 144439 11111 12/07/21 423 FEHR & PEERS 22119 PWTR21-0001 QUITO SUB 3,077.25 TOTAL CHECK 25,655.81 144440 11111 12/07/21 454 GACHINA LANDSCAPE MANAGEM 81161 DEC MTN CONTRACT 795.00 144441 11111 12/07/21 472 HT HARVEY & ASSOCIATES 81141 OCT MT EDEN STABILIZ 336.25 34 SUNGARD PUBLIC SECTOR PAGE NUMBER: 2 DATE: 12/07/2021 CITY OF SARATOGA VENCHK11 TIME: 14:32:54 CHECK REGISTER ACCOUNTING PERIOD: 6/22 FUND - 009 - DISBURSEMENT FUND CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT 144442 11111 12/07/21 14 HYDROTEC IRRIGATION EQUIP 64212 FOOTHILL PARK 253.79 144442 11111 12/07/21 14 HYDROTEC IRRIGATION EQUIP 64212 KEVIN MORAN PARK 368.96 144442 11111 12/07/21 14 HYDROTEC IRRIGATION EQUIP 64212 DAY CARE CENTER 198.49 144442 11111 12/07/21 14 HYDROTEC IRRIGATION EQUIP 64212 CONGRESS CLOCK B 147.00 TOTAL CHECK 968.24 144443 11111 12/07/21 674 JB TROPHIES 61141 BARANOVSKAYA 222.34 144444 11111 12/07/21 1035 JESUS VILLALOBOS 66211 AAPEX & SEMA 21 EXP 40.00 144445 11111 12/07/21 500 JULIETTE FARACO 43481 TRP#21-0182 125.00 144446 11111 12/07/21 1595 KEENAN & ASSOCIATES 67711 WVCWP AUTO INS 260.00 144446 11111 12/07/21 1595 KEENAN & ASSOCIATES 67713 WVCWP LIAB INS 2,433.00 TOTAL CHECK 2,693.00 144447 11111 12/07/21 132 KEN FUSON PEST MANAGEMENT 64554 HERITAGE ORCHARD 930.00 144447 11111 12/07/21 132 KEN FUSON PEST MANAGEMENT 64548 WARNER HUTTON HOUSE 805.00 TOTAL CHECK 1,735.00 144448 11111 12/07/21 1725 LARRY WALKER ASSOCIATES, 64745 WVCWP STORM WATER 5,164.25 144449 11111 12/07/21 500 LE LU 22113 ARB21-0019 1,030.00 144450 11111 12/07/21 683 LIST ENGINEERING COMPANY, 81142 ENGINEERING SVCS 915.75 144451 11111 12/07/21 500 NIMA MOKHLESI & FARIBA FA 22111 ARB12-0023 689.26 144452 11111 12/07/21 1182 ORCHARD CITY LOCK & SAFE, 64212 CSP SERVICE CALL 489.03 144453 11111 12/07/21 1087 OSCAR URVIZO TELLEZ/OSCAR 64544 REMOVE 2 LG BRANCHES 3,950.00 144454 11111 12/07/21 173 PACIFIC GAS & ELECTRIC 63111 BUILDINGS 93.08 144454 11111 12/07/21 173 PACIFIC GAS & ELECTRIC 63111 BUILDINGS (MUSEUM) 48.06 144454 11111 12/07/21 173 PACIFIC GAS & ELECTRIC 63111 PARKS/OPEN SPACE 39.35 144454 11111 12/07/21 173 PACIFIC GAS & ELECTRIC 63111 VILLAGE LIGHTING 9.53 144454 11111 12/07/21 173 PACIFIC GAS & ELECTRIC 63111 MONTE VISTA DRIVE 11.47 TOTAL CHECK 201.49 144455 11111 12/07/21 1356 PETERSON POWER SYSTEMS, I 64519 GENERATOR SERVICES 2,070.09 144456 11111 12/07/21 731 QUADIENT, INC. 62613 POSTAGE MACHINE 2,518.13 144457 11111 12/07/21 410 RICH VOSS TRUCKING INC 81161 SAND DELIVERY 240.00 144458 11111 12/07/21 1619 RICHARDSON CONSULTING 22119 ENV19-0005 6,120.00 144458 11111 12/07/21 1619 RICHARDSON CONSULTING 22119 ENV20-0003 240.00 144458 11111 12/07/21 1619 RICHARDSON CONSULTING 22119 ENV20-0002 480.00 144458 11111 12/07/21 1619 RICHARDSON CONSULTING 65411 ADR PROJ REVIEWS 1,080.00 TOTAL CHECK 7,920.00 144459 11111 12/07/21 1185 SANTA CLARA COUNTY FIRESA 68141 WILDFIRE PREVENTION AND P 25,000.00 144460 11111 12/07/21 1 SANTA CLARA COUNTY VECTOR 64545 FY 21/22 7/21-6/22 332.04 144461 11111 12/07/21 136 SCOTTY'S AUTOMOTIVE 64611 VEH #132 REPAIR 98.31 35 SUNGARD PUBLIC SECTOR PAGE NUMBER: 3 DATE: 12/07/2021 CITY OF SARATOGA VENCHK11 TIME: 14:32:54 CHECK REGISTER ACCOUNTING PERIOD: 6/22 FUND - 009 - DISBURSEMENT FUND CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT 144462 11111 12/07/21 1592 STATE FUND 67712 WVCWP 11/21-2/22 WC 371.75 144463 11111 12/07/21 1670 SYL CONSTRUCTION INC. 21132 RELEASE RETENTION 1,856.92 144463 11111 12/07/21 1670 SYL CONSTRUCTION INC. 81161 MANHOLE & DRAIN REPR 4,100.00 TOTAL CHECK 5,956.92 144464 11111 12/07/21 1261 THE FRUITGUYS 61192 EMPLOYEE WELLNESS 158.00 144465 11111 12/07/21 317 THE NAPKIN RING 66111 EE SVC RECOGNITION 2,079.05 144466 11111 12/07/21 391 US BANK PURCHASING CARD P 62171 GAS 49.96 144466 11111 12/07/21 391 US BANK PURCHASING CARD P 63211 NOV COMCAST PHONE 289.71 144466 11111 12/07/21 391 US BANK PURCHASING CARD P 61111 OFFICE SUPPLIES 150.70 144466 11111 12/07/21 391 US BANK PURCHASING CARD P 61119 OUTREACH EQUIPMENT 54.68 144466 11111 12/07/21 391 US BANK PURCHASING CARD P 61119 OUTREACH EQUIPMENT 71.33 144466 11111 12/07/21 391 US BANK PURCHASING CARD P 61119 OUTREACH MATERIALS 74.22 144466 11111 12/07/21 391 US BANK PURCHASING CARD P 61119 OUTREACH MATERIALS 95.20 144466 11111 12/07/21 391 US BANK PURCHASING CARD P 61119 OUTREACH SUPPLIES 26.40 144466 11111 12/07/21 391 US BANK PURCHASING CARD P 63211 SEPT/OCT VERIZON 89.36 TOTAL CHECK 901.56 144467 11111 12/07/21 1678 WILINE NETWORKS INC. 63213 ISP ANNUAL SERVICES 1,147.81 144468 11111 12/07/21 1571 WORKTERRA 64163 NOV 21 FLEX BEN 200.00 144469 11111 12/07/21 696 ZAG TECHNICAL SERVICES, I 64315 IT BACKUP SVCS 3,566.25 TOTAL FUND 143,408.57 TOTAL REPORT 143,408.57 36 SARATOGA CITY COUNCIL MEETING DATE: December 15, 2021 DEPARTMENT: Finance & Administrative Services PREPARED BY: Ann Xu, Accountant SUBJECT: Treasurer’s Report for the Month Ended October 31, 2021 RECOMMENDED ACTION: Review and accept the Treasurer’s Report for the month ended October 31, 2021. BACKGROUND: California government code section 41004 requires that the City Treasurer submit to the City Clerk and the legislative body a written report and accounting of all receipts, disbursements, and fund balances. The Municipal Code of the City of Saratoga, Article 2-20, Section 2-20.035 designates the City Manager as the City Treasurer. This report is prepared to fulfill this requirement. The following attachments provide various financial transaction data for the City of Saratoga’s Funds collectively as well as specifically for the City’s General (Operating) Fund, including an attachment from the State Treasurer’s Office of Quarterly LAIF rates from the 1st Quarter of 1977 to present. FISCAL STATEMENT: Cash and Investments Balance by Fund As of October 31, 2021, the City had $879,389 in cash deposit at Comerica bank, and $28,899,936 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 October 31, 2021, is $29,779,325 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 October 31, 2021, the City’s financial position (Assets $30.1M, Liabilities $3.9M and Fund Equity $26.2M) remains very strong and there are no issues in meeting financial obligations now or in the foreseeable future. Unrestricted Cash Comerica Bank 879,389$ Deposit with LAIF 28,899,936$ Total Unrestricted Cash 29,779,325$ Cash Summary 37 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 29,779,325$ Plus: Assets 341,261 Less: Liabilities (3,888,532) Ending Fund Balance 26,232,054$ Adjusting Cash to Ending Fund Balance 38 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 7/1/2021 Increase/ (Decrease) Jul-Sep Current Revenue Current Expenditure Transfer In Transfer Out Fund Balance 10/31/2021 General Fund Restricted Fund Balances: Environmental Services Reserve 63,182 - - - - - 63,182 Committed Fund Balances: Hillside Stability Reserve 1,000,000 - - - - - 1,000,000 Assigned Fund Balances: Future Capital Replacement & Efficiency Project Reserve 2,796,663 - - - - - 2,796,663 Carryforwards Reserve 20,850 - - - - - 20,850 Facility Reserve 3,700,000 - - - - - 3,700,000 Unassigned Fund Balances: Working Capital Reserve 1,000,000 - - - - - 1,000,000 Fiscal Stabilization Reserve 3,150,000 - - - - - 3,150,000 Compensated Absences Reserve 331,481 - - - - - 331,481 Other Unassigned Fund Balance Reserve (Pre YE distribution)3,159,402 (63,499) 1,474,667 1,664,980 - 2,885,131 20,459 General Fund Total 15,221,578 (63,499) 1,474,667 1,664,980 - 2,885,131 12,082,635 Special Revenue Landscape/Lighting Districts 872,943 (98,343) 824 25,098 - - 750,327 Debt Service Library Bond 791,385 (708,353) 3,194 - - - 86,226 Arrowhead Bond 389,618 (323,669) 90 774 - - 65,265 Debt Service 1,181,003 (1,032,022) 3,284 774 - - 151,491 Internal Service Fund Liability/Risk Management 686,985 (346,402) 1,351 6,040 - - 335,893 W orkers Compensation 228,367 996 1,327 52,341 - - 178,349 Office Support Fund 144,167 8,023 694 1,558 - - 151,327 Information Technology Services 591,431 2,175 - 39,934 - - 553,672 Vehicle & Equipment Maintenance 302,006 6,694 - 14,723 - - 293,977 Building Maintenance 684,329 44,051 - 52,632 - - 675,748 Vehicle & Equipment Replacement 579,521 37,123 - 100,329 - - 516,315 Technology Replacement 735,698 37,500 - 422 - - 772,776 Facility FFE Replacement 673,676 50,000 - - - - 723,676 Internal Service Fund Total 4,626,180 (159,839) 3,372 267,979 - - 4,201,734 Trust/Agency WVCWP Agency Fund 538,025 (115,714) - 63,851 - - 358,460 Trust/Agency Fund Total 538,025 (115,714) - 63,851 - - 358,460 Capital Project Street Projects 2,603,258 (726,354) 35,079 86,203 1,770,000 - 3,595,780 Park and Trail Projects 870,206 (113,151) - 19,752 310,131 - 1,047,434 Facility Projects 1,117,176 (186,504) 2,327 46,782 80,000 - 966,216 Administrative Projects 670,066 (37,447) 6,289 9,252 725,000 - 1,354,655 Tree Fund Projects 47,639 125 2,085 - - - 49,849 Park In-Lieu Projects 291,309 970,299 - - - - 1,261,609 CIP Grant Street Projects 64,685 9,694 21,784 - - - 96,162 CIP Grant Park & Trail Projects 399 (399) - - - - - CIP Grant Administrative Projects (14,573) - - - - - (14,573) * Gas Tax Fund Projects 113,624 186,266 57,384 27,000 - - 330,274 CIP Fund Total 5,763,789 102,529 124,947 188,989 2,885,131 - 8,687,407 Total City 28,203,522 (1,366,887) 1,607,094 2,211,671 2,885,131 2,885,131 26,232,054 39 ATTACHMENT B FUND BALANCES BY CIP PROJECT budgeted be updated for future re CIP Funds/Projects Prior Year Carryforward 7/1/2021 Increase/ (Decrease) Jul-Sep Current Revenue Current Expenditure Transfer In Transfer Out Fund Balance 10/31/2021 Street Projects Annual Road Improvements 776,210 (517,602) 35,079 12,655 - - 281,032 Roadway Safety & Traffic Calming 42,190 - - - 150,000 - 192,190 Citywide Traffic Signal Battery Backup 150,000 - - - 150,000 - 300,000 Portable Radar Feedback Sign - - - - 40,000 - 40,000 Prospect/Saratoga Median Improvement 309,379 - - - 20,000 - 329,379 Village Clock 9,486 - - - - - 9,486 Big Basin Way/Blaney Trash Can Replacement - - - 1,628 75,000 - 73,372 Annual Infrastructure Maintenance & Repairs 18,063 (33,764) - 2,161 250,000 - 232,137 Guava Court Curb & Gutter Replacement - - - - 280,000 - 280,000 Mendelsohn Lane Pathway Rehabilitation Project - - - 63,899 110,000 - 46,101 El Camino Grande Storm Drain Pump - 104 - - - - 104 Saratoga Village Crosswalk & Sidewalk Rehabilitation 44,000 - - 2,576 45,000 - 86,424 Quito Road Sidewalk Improvements 43,370 - - - - - 43,370 Saratoga/Sunnyvale Road Sidewalk 92,158 - - - - - 92,158 Saratoga Sunnyvale Rd. Pathway Rehab Cox to RRX 110,000 (105,486) - - - - 4,514 Quito Road Sidewalk Rehabilitation and Gap Closure - (2,100) - - 325,000 - 322,900 Fourth Street Bridge Widening 99,837 - - - - - 99,837 Quito Road Bridge Replacement 136,175 (3,756) - 223 - - 132,197 Quito Road Bridge - ROW Acquisition 6,012 (2,350) - - - - 3,662 Annual Retaining Wall Maintenance & Repairs 151,785 (3,706) - 3,062 - - 145,017 Mt. Eden Erosion Repair 99,880 - - - 200,000 - 299,880 Continental Circle Landslide Stabilization 122,912 (57,693) - - 125,000 - 190,219 Pierce Road Retainment 391,800 - - - - - 391,800 Total Street Projects 2,603,258 (726,354) 35,079 86,203 1,770,000 - 3,595,780 Parks & Trails Projects Park/Trail Repairs 41,836 (98,456) - 6,289 250,000 - 187,091 Hakone Gardens Infrastructure Improvements 5,853 (1,503) - 882 25,000 - 28,468 Hakone Pond Reconstruction 300,000 - - - - - 300,000 Beauchamps Park Playground Replacement - - - - 35,131 - 35,131 Guava/Fredericksburg Entrance 293,527 (13,192) - 12,581 - - 267,755 Saratoga Village to Quarry Park Walkway - Design 228,989 - - - - - 228,989 Total Parks & Trails Projects 870,206 (113,151) - 19,752 310,131 - 1,047,434 Facility Projects Open Work Space - - - - 80,000 - 80,000 Civic Theater Improvements 107,925 - - - - - 107,925 PEG Funded Project 432,116 (174,483) 2,327 36,037 - - 223,922 Community Center Improvement 90,779 (7,098) - - - - 83,682 Community Center Generator and EV Charging Stations 471,355 (4,923) - 745 - - 465,687 Library Building Exterior Maintenance 15,000 - - 10,000 - - 5,000 Total Facility Projects 1,117,176 (186,504) 2,327 46,782 80,000 - 966,216 Administrative and Technology Projects City Website/Intranet 16,948 - - - - - 16,948 Development Technology 66,949 (38,421) 211 2,123 - - 26,617 Software Technology Management 43,138 21,335 6,078 - - - 70,551 LLD Initiation Match Program 25,000 - - - - - 25,000 Horseshoe Beautification 16,775 (580) - 290 - - 15,905 Business Renewal Program 15,000 (857) - 3,000 - - 11,143 Citywide Accessibility Assessment 34,937 - - - - - 34,937 City Art Program 28,669 - - - 25,000 - 53,669 Safe Routes to School Needs Assessment 13,714 (8,350) - 3,839 - 1,525 El Quito Neighborhood Improvements 134,507 - - - 150,000 - 284,507 Parking District ADA Improvements and Rehabilitation - - - - 250,000 - 250,000 Storm Drain Master Plan - - - - 300,000 - 300,000 General Plan Update 216,208 (10,575) - - - - 205,633 Wildfire Mitigation Program 4,067 - - - - - 4,067 Risk Management Project Funding 54,153 - - - - - 54,153 Total Administrative and Technology Projects 670,066 (37,447) 6,289 9,252 725,000 - 1,354,655 40 ATTACHMENT B (Cont.) FUND BALANCES BY CIP PROJECT *Negative fund balance due to authorized spending of anticipated revenues CIP Funds/Projects Prior Year Carryforward 7/1/2021 Increase/ (Decrease) Jul-Sep Current Revenue Current Expenditure Transfer In Transfer Out Fund Balance 10/31/2021 Tree Fund Projects Citywide Tree Planting Program 22,889 - 1,960 - - - 24,849 Tree Dedication Program 24,750 125 125 - - - 25,000 Total Tree Fund Projects 47,639 125 2,085 - - - 49,849 CIP Grant Street Projects Local Roadway Safety Plan - (2,373) 21,784 - - - 19,412 Prospect/Saratoga Median Improvement (41,000) - - - - - (41,000) * Citywide Signal Upgrade II 18 - - - - - 18 Saratoga Ave Sidewalk 25,493 23,694 - - - - 49,187 Village Sidewalk, Curb & Gutter - Phase II Construction 39,909 - - - - - 39,909 Big Basin Way Sidewalk Repairs 9,550 (9,550) - - - - - Saratoga Village Crosswalk & Sidewalk Rehabilitation 3,368 (4,202) - - - - (834) * 4th Street Bridge 4,626 2,125 - - - - 6,751 Quito Bridge Replacement 18,596 - - - - - 18,596 Quito Road Bridges - ROW Acquisition 4,124 - - - - - 4,124 Total CIP Grant Street Projects 64,685 9,694 21,784 - - - 96,162 CIP Grant Park & Trail Projects Saratoga to the Sea Trail - Design 399 (399) - - - - - Total CIP Grant Park & Trail Projects 399 (399) - - - - - CIP Grant Administrative Projects CDD Software/ADA (14,573) - - - - - (14,573) * Total CIP Grant Administrative Projects (14,573) - - - - - (14,573) Park In-Lieu Projects Orchard Irrigation & Tree Planting - - - - 100,000 - 100,000 Hakone Gardens Infrastructure 82,420 - - - - - 82,420 Beauchamps Park Playground Replacement - - - - 10,079 - 10,079 Trail Pet Stations - - - - 25,000 - 25,000 Saratoga Village to Quarry Park Walkway - Design 73,811 - - - - 73,811 Unallocated Park In-Lieu Funds 135,079 970,299 - - (135,079) - 970,299 Total Park In-Lieu Projects 291,310 970,299 - - - - 1,261,609 Gas Tax Fund Projects Annual Roadway Improvements 58,261 188,067 57,384 27,000 - - 276,713 Prospect/Saratoga Median Improvements 48,278 - - - - - 48,278 Big Basin Way Sidewalk Repairs - (1,802) - - - - (1,802) * Quito Road Bridges 7,085 - - - - - 7,085 Total Gas Tax Fund Projects 113,624 186,266 57,384 27,000 - - 330,274 Total CIP Funds 5,763,789 102,529 124,947 188,989 2,885,131 - 8,687,407 41 ATTACHMENT C CHANGE IN CASH BALANCE BY MONTH 42 ATTACHMENT D March June September December 1977 5.68 5.78 5.84 6.45 1978 6.97 7.35 7.86 8.32 1979 8.81 9.10 9.26 10.06 1980 11.11 11.54 10.01 10.47 1981 11.23 11.68 12.40 11.91 1982 11.82 11.99 11.74 10.71 1983 9.87 9.64 10.04 10.18 1984 10.32 10.88 11.53 11.41 1985 10.32 9.98 9.54 9.43 1986 9.09 8.39 7.81 7.48 1987 7.24 7.21 7.54 7.97 1988 8.01 7.87 8.20 8.45 1989 8.76 9.13 8.87 8.68 1990 8.52 8.50 8.39 8.27 1991 7.97 7.38 7.00 6.52 1992 5.87 5.45 4.97 4.67 1993 4.64 4.51 4.44 4.36 1994 4.25 4.45 4.96 5.37 1995 5.76 5.98 5.89 5.76 1996 5.62 5.52 5.57 5.58 1997 5.56 5.63 5.68 5.71 1998 5.70 5.66 5.64 5.46 1999 5.19 5.08 5.21 5.49 2000 5.80 6.18 6.47 6.52 2001 6.16 5.32 4.47 3.52 2002 2.96 2.75 2.63 2.31 2003 1.98 1.77 1.63 1.56 2004 1.47 1.44 1.67 2.00 2005 2.38 2.85 3.18 3.63 2006 4.03 4.53 4.93 5.11 2007 5.17 5.23 5.24 4.96 2008 4.18 3.11 2.77 2.54 2009 1.91 1.51 0.90 0.60 2010 0.56 0.56 0.51 0.46 2011 0.51 0.48 0.38 0.38 2012 0.38 0.36 0.35 0.32 2013 0.28 0.24 0.26 0.26 2014 0.24 0.22 0.24 0.25 2015 0.26 0.28 0.32 0.37 2016 0.46 0.55 0.60 0.68 2017 0.78 0.92 1.07 1.20 2018 1.51 1.90 2.16 2.40 2019 2.55 2.57 2.45 2.29 2020 2.03 1.36 0.84 0.63 2021 0.44 0.33 0.24 Quarterly Apportionment Rates Local Agency Investment Fund 43 SARATOGA CITY COUNCIL MEETING DATE:December 15,2021 DEPARTMENT:City Manager’s Department PREPARED BY:Britt Avrit, MMC, City Clerk SUBJECT:Reconsider and confirm findings pursuant to Assembly Bill 361 RECOMMENDED ACTION: Reconsider and confirm findings pursuant to Assembly Bill 361 of the continued existence of a state of emergency and public health officials’ recommendation of social distancing. BACKGROUND: On October 20, 2021 the City Council adopted a Resolution that enabled the City Council and all legislative bodies of the City to continue to meet remotely in accordance with AB 361. Pursuant to AB 361, staff must bring this item back every 30 days for the City Council’s reconsideration of the findings related to the declared stated of emergency and the recommended social distancing measures. Based on the following, it is recommended that the City Council and all legislative bodies of the City continue to meet remotely: The state of emergency as a result of COVID-19 continues to directly impact the ability of the members of City Council and the members of the City’s Boards and Commissions to meet safely in person; and The State of California and the County of Santa Clara continue to impose or recommend measures to promote social distancing. ATTACHMENT: Attachment A –Resolution 21-073 authorizing teleconferenced public meetings 44 45 46 SARATOGA CITY COUNCIL MEETING DATE:December 15,2021 DEPARTMENT:City Manager’s Department PREPARED BY:Britt Avrit, MMC, City Clerk SUBJECT:Commission Local Appointments List and Terms Expiring in 2022 RECOMMENDED ACTION: Adopt the Local Appointments List for terms expiring in the 2022 calendar year and direct the City Clerk to post on the City’s website. BACKGROUND: As required in Municipal Code Section 2-12.010(f), “on or before December 31 of each year, the City Clerk shall prepare,and the City Council shall adopt,a list of all Commissions containing the following information: 1.A list of the qualifications necessary for each Commissioner position; and 2.A list of all Commissioner terms which will expire during the next calendar year, including the name of the incumbent Commissioner, the date of appointment, the date the term expires and the qualifications necessary for the position. This list shall be made available to the public and shall be posted in the office of the City Clerk and at the Saratoga Library.” Pursuant to the Maddy Act (Government Code Section 54970-54974)the list is available to the public and will be posted on the City’s website. Qualifications for Service on a Commission: Most Commissioners must be a resident of Saratoga. Additionally, each Commission applicant must attend at least one meeting of the Commission he or she is applying before being interviewed by the City Council. Commissioners may not hold an elected public office and cannot be employed by the City of Saratoga.Most Commission terms are four years and Commissioners are limited to two full consecutive terms on a single Commission. Partial terms are not considered full terms. Youth Commission terms are two years and Youth Commissioners may not serve more than one term. 47 Special qualifications for service on the City’s Commissions are noted below. Commission Special Qualifications Heritage Preservation -Shall have a demonstrated interest in, competence or knowledge in historic preservation. -One member to be nominated by the Saratoga Historical Foundation. -Two members shall be appointed from among the disciplines of architecture, history, architectural history, planning, archeology or other historic preservation related disciplines such as urban planning, architecture/construction, American studies, American civilization, cultural geography or cultural anthropology, to the extent that such professionals are available in the community. The candidate nominated by the Saratoga Historical Foundation can qualify as this professional member. Library & Community Engagement -must reside in the City or in the adjacent unincorporated areas within the library’s service district. -One member is nominated by the City of Monte Sereno. Parks and Recreation -No special qualifications. Planning -No special qualifications, however, members must be able to attend Commission study sessions and regular meetings that are held on the 2nd Wednesday of the month at 7:00 p.m. in the Civic Theater, site visits held the day before public hearings. Public Art -No special qualifications. Traffic Safety -No special qualifications. Youth -Members must be a resident of Saratoga in grades 7-12. -Applicants must be eligible to serve a full 2-year term to be considered for appointment, which prohibits appointment of applicants who will be a high school senior during their first year on the Commission. Commission Attendance & Purpose In addition to providing information about special qualifications and expiring terms in calendar year 2022, staff also provides the City Council with information about Commissioner attendance at regular meetings and the purpose or powers of Commissions as provided in Council Resolutions or the City Code (Attachment A). If a Commissioner is absent from three regular meetings in a 12- month period without permission from the Chair (or in the case of the Chair, the Mayor), the Commissioner’s office becomes vacant. The Commissioner may request that the vacancy be excused by filing a letter with the City Clerk within 30-days of the effective date of vacancy. Any Youth Commissioner who misses more than three regular meetings within a school year will be automatically removed from the Commission, unless the absence is approved by the City Council. 48 Terms Expiring in 2022 In total, there are 14 Commissioner terms ending in 2022. The Commission seats that are expiring in 2022 are noted below. Term End First Name Last Name Commission Elig. for Reappointment? 3/31/22 Clinton Brownley Planning Yes 3/31/22 Vacant Planning N/A 6/30/22 Timothy Leung Youth No 6/30/22 Cameron Hicks Youth No 6/30/22 Jacob Huang Youth No 6/30/22 Aria Jain Youth No 6/30/22 Linnea Bradley Youth No 6/30/22 Nicole Lu Youth No 9/30/22 Christina Meiser Library & Community Engagement Yes 9/30/22 Yanfeng Anna Huang Parks and Recreation Yes 9/30/22 Gloria Wu Public Art Yes 12/31/22 Rina Shah Heritage Preservation No 12/31/22 Belal Aftab Traffic Safety Yes 12/31/22 Ray Cosyn Traffic Safety No Attachment B includes the tentative schedule of Commission recruitments for 2022. Not reflected in Attachment B are the current ongoing recruitments for two full-term vacancies on the Parks and Recreation Commission or the two full-term and one partial-term vacancies on the Traffic Safety Commission. ATTACHMENTS: Attachment A –Local Appointments List Attachment B – 2022 Tentative Commission Recruitment Schedule 49 HERITAGE PRESERVATION COMMISSION CURRENT MEMBERSHIP & ATTENDANCE INFORMATION First Name Last Name Term Ending Eligible for Reappointment Special Qualifications 2021 Regular Meeting Absences as of 12/1/2021 Rina Shah 12/31/2022 No Architectural/Building Professional Sharon Boyce-Bender 12/31/2023 Yes Marie Lopresto 12/31/2024 Yes 2/9/2021 (unexcused) 6/8/2021 (excused) 9/14/2021 (excused) Priya Shastri 12/31/2024 Yes Joseph Wherry 12/31/2025 Yes Historical Foundation Representative CITY CODE 13-10.040 – POWERS AND DUTIES The Heritage Commission shall be advisory only to the City Council, the Planning Commission and the agencies and departments of the City and shall establish liaison and work in conjunction with such authorities to implement the purposes of this Chapter. The Heritage Commission shall have the following powers and duties: a) Conduct, or cause to be conducted, a comprehensive survey of properties within the boundaries of the City for the purpose of establishing the Heritage Resource Inventory. To qualify for inclusion in the Heritage Resource Inventory, a property must satisfy any one or more of the criteria listed in Section 13-15.010 of this Chapter. The Inventory shall be publicized and periodically updated, and a copy thereof shall be kept on file in the Planning Department. b) Recommend to the City Council specific proposals for designation as a historic landmark, heritage lane or historic district. c) Recommend to the appropriate City agencies or departments projects and action programs for the recognition, conservation, enhancement and use of the City's heritage resources, including standards to be followed with respect to any applications for permits to construct, change, alter, remodel, remove or otherwise affect such resources. d) Review and comment upon existing or proposed ordinances, plans or policies of the City as they relate to heritage resources. e) Review and comment upon all applications for building, demolition, grading or tree removal permits involving work to be performed upon or within a designated historic landmark, heritage lane or historic district, and all applications for tentative map approval, rezoning, building site approval, use permit, variance approval, design review or other approval pertaining to or significantly affecting any heritage resource. The Commission's comments shall be forwarded to the City agency or department processing the application within thirty days after receiving the request for such comments. f) Investigate and report to the City Council on the availability of federal, state, county, local or private funding sources or programs for the rehabilitation and preservation of heritage resources. g) Cooperate with county, state and federal governments and with private organizations in the pursuit of the objectives of heritage conservation. h) Upon the request of a property owner or occupant and at the discretion of the Heritage Commission, render advice and guidance on the conservation, rehabilitation, alteration, decoration, landscaping or maintenance of any heritage resource; such voluntary advice and guidance shall not impose any regulation or control over any property. i) Participate in, promote and conduct public information and educational programs pertaining to heritage resources. j) Perform such other functions as may be delegated to it by resolution or motion of the City Council. 50 LIBRARY & COMMUNITY ENGAGEMENT COMMISSION CURRENT MEMBERSHIP & ATTENDANCE INFORMATION First Name Last Name Term Ending Eligible for Reappointment Special Qualifications 2021 Regular Meeting Absences as of 12/1/2021 Eric Lewis 9/30/2024 Yes Victoria Zhang 9/30/2023 Yes 2/8/2021 (unexcused) Christina Meiser 9/30/2022 Yes Robert Gulino 9/30/2025 No Vacant 9/30/2025 Monte Sereno Representative RESOLUTION NO. 20-055 – BASIC RESPONSIBILITIES & DUTIES BASIC RESPONSIBILITIES The Library & Community Engagement Commission shall serve as an advisory and liaison body. Its basic responsibilities shall include the following: 1. Provide counsel and recommendations on Library policies, budgets, plans and procedures to the Saratoga City Council, and the Santa Clara County Library. Identify and bring to the attention of the City Council, the City staff, and the Santa Clara County Library staff (as appropriate) current and prospective issues and questions relating to Library policies and activities. 2. Provide counsel and recommendations to the Saratoga City Council on increasing public engagement in City government, supporting cultural and artistic programs in the community, and fostering a stronger, more inclusive community. 3. As directed by the City Council, evaluate and assess community concerns, support City engagement programs, and perform such other activities as may be directed by the Saratoga City Council. DUTIES In carrying out its basic responsibilities, the Library & Community Engagement Commission shall perform the following duties: 1. Hold formal meetings as required 2. Maintain communications with the City Council, City staff, Santa Clara County Library staff, and the Saratoga Community Librarian 3. Serve in an advisory capacity on major engagement initiatives or policies to help create a more inclusive and engaged community, including providing support in identifying and connecting with different groups in the community (such as other governmental, educational, and non-profit organizations). 4. Maintain within the Commission a continuity of knowledge of Library operations, and City community engagement policies and strategies. 5. Keep generally informed on technical developments that could have a bearing on the Library's policies or strategies. 6. Provide support and/or advice on events related to the Library and City. 7. Work with and engage "Friends of the Saratoga Libraries", the Saratoga Teen Advisory Board, and other support groups as may be desirable concerning the Library. 51 PARKS AND RECREATION COMMISSION CURRENT MEMBERSHIP & ATTENDANCE INFORMATION First Name Last Name Term Ending Eligible for Reappointment Special Qualifications 2021 Regular Meeting Absences as of 12/1/2021 Michelle Wang 9/30/2024 Yes N/A 7/13/2021 (excused) 9/14/2021 (excused) Renee Paquier 9/30/2023 No N/A Yanfeng Anna Huang 9/30/2022 Yes N/A 7/13/2021 (unexcused) 9/14/2021 (excused) Vacant 9/30/2025 Yes N/A Vacant 9/30/2025 Yes N/A RESOLUTION NO. 432 – POWERS & DUTIES The powers of the Parks and Recreation Commission are advisory only and it shall render all reports and recommendations directly to the City Council, unless otherwise directed by the Council. The Commission does not constitute a planning agency with the terms and meaning of Government Code Section 65100 of the State of California. The Commissions' powers and duties, in such advisory capacity to the City Council, shall include the following: a) to recommend a parks and recreation program, and the programming and implementation thereof, to the Council; b) advise the Council specifically on design, use, development, financing, care and maintenance of parks and playgrounds; landscaping along thoroughfares and other City streets; walkways, pathways, equestrian paths, streambeds, protection and promulgation of trees, and such other matters as may be requested by the Council. 52 PUBLIC ART COMMISSION CURRENT MEMBERSHIP & ATTENDANCE INFORMATION First Name Last Name Term Ending Eligible for Reappointment Special Qualifications 2021 Regular Meeting Absences as of 12/1/2021 Gloria Wu 9/30/2022 Yes N/A James Cai 9/30/2023 Yes N/A Ramya Vasu 9/30/2024 Yes N/A Sohini Kar 9/30/2025 Yes N/A Siana Smith 9/30/2025 Yes N/A RESOLUTION NO. 21-047 – RESPONSIBILITIES & DUTIES The Public Art Commission will serve in an advisory capacity to the City Council on matters related to art and is charged with considering and recommending opportunities for public art in Saratoga and on City property to the City Council. RESPONSIBILITIES & DUTIES A. The Commission shall provide counsel and recommendations on public art policies, budgets, plans, and procedures to the Saratoga City Council. B. As directed by the City Council, evaluate and assess public art projects or programs and perform such other activities as may be directed by the Saratoga City Council. C. The Commission shall maintain communications with the City Council and City staff on public art-related matters. D. Provide support and/or advice on events or programs related to City public art. E. Maintain awareness and knowledge of public art trends and principles. 53 PLANNING COMMISSION CURRENT MEMBERSHIP & ATTENDANCE INFORMATION First Name Last Name Term Ending Eligible for Reappointment Special Qualifications 2021 Regular Meeting Absences as of 12/1/2021 Vacant 3/31/2022 Yes N/A Clinton Brownley 3/31/2022 Yes N/A Sunil Ahuja 3/31/2023 Yes N/A 6/9/2021 (excused) Anjali Kausar 3/31/2023 Yes N/A Herman Zheng 3/31/2024 Yes N/A Jonathan “JoJo” Choi 3/31/2025 Yes N/A Razi Mohiuddin 3/31/2025 No N/A CITY CODE 2-15.030 POWERS & DUTIES The Planning Commission is hereby designated as the planning agency of the City, as described in Section 65100 of the Government Code, and shall exercise the functions of a planning agency as prescribed in Section 65101 of the Government Code. The Planning Commission shall also exercise the powers and perform the duties conferred upon it by this Code and assigned to it from time to time by the City Council. GOVERNMENT CODE 65100 There is in each city and county a planning agency with the powers necessary to carry out the purposes of this title. The legislative body of each city and county shall by ordinance assign the functions of the planning agency to a planning department, one or more planning commissions, administrative bodies or hearing officers, the legislative body itself, or any combination thereof, as it deems appropriate and necessary. In the absence of an assignment, the legislative body shall carry out all the functions of the planning agency. GOVERNMENT CODE 65101 (a) The legislative body may create one or more planning commissions each of which shall report directly to the legislative body. The legislative body shall specify the membership of the commission or commissions. In any event, each planning commission shall consist of at least five members, all of whom shall act in the public interest. If it creates more than one planning commission, the legislative body shall prescribe the issues, responsibilities, or geographic jurisdiction assigned to each commission. If a development project affects the jurisdiction of more than one planning commission, the legislative body shall designate the commission which shall hear the entire development project. (b) Two or more legislative bodies may: (1) Create a joint area planning agency, planning commission, or advisory agency for all or prescribed portions of their cities or counties which shall exercise those powers and perform those duties under this title that the legislative bodies delegate to it. (2) Authorize their planning agencies, or any components of them, to meet jointly to coordinate their work, conduct studies, develop plans, hold hearings, or jointly exercise any power or perform any duty common to them. 54 TRAFFIC SAFETY COMMISSION CURRENT MEMBERSHIP & ATTENDANCE INFORMATION First Name Last Name Term Ending Eligible for Reappointment Special Qualifications 2021 Regular Meeting Absences as of 12/1/2021 Belal Aftab 12/31/2022 Yes N/A Ray Cosyn 12/31/2022 No N/A 5/13/2021 (excused) 9/9/2021 (excused) Christopher Coulter 12/31/2023 No N/A Chi-Kuang Chu 12/31/2024 Yes N/A 11/4/2021 (excused) Vacant 12/31/2025 Yes N/A Vacant 12/31/2025 No N/A Vacant 12/31/2023 Yes N/A RESOLUTION NO. 05-032 – MISSION The exclusive mission of the Traffic Safety Commission shall be to investigate, review, and analyze issues, and make recommendations to the City Council and City staff regarding traffic safety. The Commission shall work to increase awareness of, and attention to, the traffic safety needs of the community by improving communications and involvement between the community, and the City government on services, needs and programs. 55 YOUTH COMMISSION CURRENT MEMBERSHIP & ATTENDANCE INFORMATION First Name Last Name Term ending Eligible For Reappointment School 2021 Regular Meeting Absences as of 12/1/2021 Nicole Hao 6/30/2023 No Redwood Middle School Saket Kelkar 6/30/2023 No Lynbrook High School Aniket Singh 6/30/2023 No The Harker School Ashly Henry 6/30/2023 No Saratoga High School 10/26/2021 (unexcused) Alex Xia 6/30/2023 No St. Francis High School Timothy Leung 6/30/2022 No Redwood Middle School Cameron Hicks 6/30/2022 No Crystal Springs Uplands School Jacob Huang 6/30/2022 No The Harker School Aria Jain 6/30/2022 No The Harker School Linnea Bradley 6/30/2022 No Saratoga High School Nicole Lu 6/30/2022 No Saratoga High School RESOLUTION NO. 18-056, SECTION 2 The powers of the Youth Commission are advisory only, and it shall render all reports and recommendations directly to the City Council, unless otherwise directed by the Council. The Commissioners’ powers and duties, in such advisory capacity to the City Council, shall include the following: (a) To develop and recommend guidelines involving the concerns of youth and the programming and implementation thereof, to the Council; (b) Advise the Council generally on matters which concern youth and specifically on the various aspects of the city matters related to youth as may be requested by Council. 56 Tentative 2022 City of Saratoga Commission Recruitment Schedule Commission Recruitment Start Application Deadline Interviews Appointment Vacancies Scheduled Meetings Planning December 2021 Feb. 18, 2022 March 2, 2022 March 16, 2022 2* Jan. 12, 2022 Feb. 9, 2022 Youth January 2022 May 6, 2022 May 2022 June 1, 2022 6 Jan. 25, 2022 Feb.22, 2022 Mar. 22, 2022 April 26, 2022 Parks & Recreation February 2022 Aug. 26, 2022 Sept. 7, 2022 Sept. 21, 2022 1* Mar. 8, 2022 May 10, 2022 July 12, 2022 Library & Community Engagement March 2022 Aug. 26, 2022 Sept. 7, 2022 Sept. 21, 2022 1* April 11, 2022 June 13, 2022 Aug. 8, 2022 Public Art March 2022 Aug. 26, 2022 Sept. 7, 2022 Sept. 21, 2022 1* Mar. 21, 2022 May 16, 2022 July 18, 2022 Traffic Safety June 2022 Nov. 18, 2022 Dec. 7, 2022 Dec. 21, 2022 2* July 14, 2022 Sept. 8, 2022 Nov. 10, 2022 Heritage Preservation August 2022 Nov. 18, 2022 Dec. 7, 2022 Dec. 21, 2022 1 Sept. 13. 2022 Oct. 11, 2022 Nov. 8, 2022 * Incumbent(s) eligible for reappointment Notes: Recruitments are structured to try to allow for at least 2 regular meetings during the recruitment period 57 SARATOGA CITY COUNCIL MEETING DATE:December 15, 2021 DEPARTMENT:Public Works Department PREPARED BY:M. Leah Cabute, Environmental Program Manager SUBJECT:Third Amendment to Contract with BKF Engineers RECOMMENDED ACTION: Authorize an amendment to extend the time of the contract with BKF Engineers for one additional year. BACKGROUND: On December 6, 2017, the City Council authorized a contract in the amount of $135,380 with BKF Engineers for the final design of the Blue Hills Elementary Pedestrian Crossing at Union Pacific Railroad. Since then, staff has requested two amendments to the contract (Attachment B). In May 2019, the City Council approved the First Amendment to extend the expiry term of the contract to December 21, 2021. There was no change in scope of payment.In April 2020, the City Council approved the Second Amendment to increase the payment terms by $37,560 for a total contract amount of $172,940.The additional work included design costs for curb and gutter replacement and landscaping and irrigation improvements along the south side of Guava Court. This Third Amendment (Attachment A) request would extend the expiration date of the contract until December 31, 2022.The contract extensions allow staff to continue to work with BKF using the existing scope and budget while awaiting the necessary design approvals from Union Pacific Railroad and the California Public Utilities Commission. ATTACHMENTS: Attachment A –Contract Amendment Attachment B-Original Contract 58 &RQWUDFWRU3URMHFW1DPH 5HY&LW\RI6DUDWRJD&RQWUDFW$PHQGPHQW3DJHRI City of Saratoga Contract Amendment 7KLV&RQWUDFW$PHQGPHQWLVPDGHDW6DUDWRJD&DOLIRUQLDE\DQGEHWZHHQWKH&LW\RI6DUDWRJD DPXQLFLSDOFRUSRUDWLRQ&LW\DQGBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB &RQWUDFWRUZKRDJUHHWKDW &LW\DQG&RQWUDFWRUHQWHUHGLQWRDQDJUHHPHQWGDWHGBBBBBBBBBBBBBBBBBBB ³2ULJLQDO$JUHHPHQW´DQGZLVKWRDPHQGWKH2ULJLQDO$JUHHPHQWDVVHWIRUWKLQWKHSURYLVLRQV FKHFNHGEHORZ7HUPVQRWGHILQHGLQWKLV&RQWUDFW$PHQGPHQWVKDOOKDYHWKHPHDQLQJXVHGLQ WKH2ULJLQDO$JUHHPHQWDQGWKHSURYLVLRQVRIWKH2ULJLQDO$JUHHPHQWVKDOODSSO\WRLQWHUSUHWDWLRQ DQGHQIRUFHPHQWRIWKLV&RQWUDFW$PHQGPHQW Amended Term. 7KHWHUPRIWKH2ULJLQDO$JUHHPHQWFRPPHQFHGRQWKH(IIHFWLYH'DWHDQGLVKHUHE\ H[WHQGHGWKURXJKBBBBBBBBBBBBBBBBBBB(insert new termination date)RUWKH FRPSOHWLRQRIWKHSURMHFWZKLFKHYHURFFXUVILUVWXQOHVVLWLVIXUWKHUH[WHQGHGE\ZULWWHQ PXWXDODJUHHPHQWEHWZHHQWKHSDUWLHVSURYLGHGWKDWWKHSDUWLHVUHWDLQWKHULJKWWR WHUPLQDWHWKLV$JUHHPHQWDVSURYLGHGLQ([KLELW&WRWKH2ULJLQDO$JUHHPHQW Amended Scope of Work. 7KH6FRSHRI:RUNWHUPVLQFOXGHGDV([KLELWVBBBBBBBBBBBBBBBBBBBBBB WRWKH2ULJLQDO$JUHHPHQWDUHKHUHE\ VXSSOHPHQWHGZLWKDGGLWLRQDO6FRSHRI:RUNVWHUPVLQFOXGHGDV([KLELWBBBBBB WRWKLV&RQWUDFW$PHQGPHQW $1'25H[WHQGHGWRLQFOXGHSURYLGLQJWKHRQJRLQJVHUYLFHVUHIHUHQFHGLQWKH 2ULJLQDO$JUHHPHQWIRUWKHGXUDWLRQRIWKHDPHQGHGWHUP Amended Payment Terms. 7KHILUVWVHQWHQFHRIVHFWLRQRIWKH2ULJLQDO$JUHHPHQWVHWWLQJIRUWKWKHPD[LPXP FRQWUDFWSD\PHQWLVKHUHE\UHSODFHGZLWKWKHIROORZLQJ &LW\VKDOOSD\&RQVXOWDQWIRUZRUNSURGXFWSURGXFHGSXUVXDQWWRWKLVDJUHHPHQWDQ DPRXQWQRWWRH[FHHGWKHWRWDOVXPRI BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB IRUZRUNWREHSHUIRUPHGDQGDQ\DXWKRUL]HGUHLPEXUVDEOHFRVWV $1'256HH([KLELWVBBBBBB BKF Engineers Blue Hills Elementary Pedestrian Crossing at Union Pacific Railroad BKF Engineers 12/6/17 & amended 5/15/19 & 4/15/20 ✔ 12/31/2022 59 &RQWUDFWRU3URMHFW1DPH 5HY&LW\RI6DUDWRJD&RQWUDFW$PHQGPHQW3DJHRI $1'256HH([KLELWVBBBBBB $OORWKHUSURYLVLRQVRIWKH2ULJLQDO$JUHHPHQWUHPDLQXQFKDQJHGE\WKLV&RQWUDFW $PHQGPHQW ([KLELWV$OODWWDFKPHQWVWRWKLVDJUHHPHQWDUHE\WKLVUHIHUHQFHLQFRUSRUDWHGKHUHLQDQG PDGHDSDUWRIWKLVDJUHHPHQW $GGLWLRQDO([KLELWV ,1:,71(66:+(5(2)WKHSDUWLHVKHUHWRKDYHH[HFXWHGWKLV$PHQGPHQW ContractorCity of Saratoga 6LJQDWXUH-DPHV/LQGVD\&LW\0DQDJHU 'DWH 6LJQHU1DPH $77(67 6LJQHU7LWOH 'DWH &RQWUDFW'HVFULSWLRQ %ULWW$YULW&LW\&OHUN 'DWH $33529('$672)250 5LFKDUG7D\ORU&LW\$WWRUQH\ 'DWH BKF Engineers Blue Hills Elementary Pedestrian Crossing at Union Pacific Railroad ✔Other. 7KH2ULJLQDO$JUHHPHQWLVDPHQGHGDVIROORZV The project name is changed form 'Fredericksburg-Guava RR Crossing Improvements' to 'Blue Hills Elementary Pedestrian Crossing at Union Pacific Railroad' ✔Original Agreement dated 12/06/2017 First Amendment to Contract dated 05/15/2019 Second Amendment to Contract dated 04/15/2020 Fredericksburg-Guava RR Crossing Improvements Project - Third Amendment to extend term of contract and contract name changed to 'Blue Hills Elementary Pedestrian Crossing at Union Pacific Railroad' 60 61 62 Contractor BKF Eneineers Project Name Fredencksburg-Guava RR Crossing Improvements 7. Supplemental Provisions. If one or both boxes are checked below, this agreement includes supplemental provisions described in connection with the checked box(es) This agreement is funded in whole or in part by an entity other than City. Contractor shall comply with all rules and regulations required by such funding entity Applicable funding entity requirements are set forth in Exhibit D Nothing in this paragraph or in the funding entity requirements shall be construed to relieve Contractor of its duty to ensure that it is in compliance with all applicable laws and regulations Exhibit E sets forth provisions regarding. Exhibit C Section 13 Indemnification 8. Exhibits All exhibits referred to in this agreement are attached hereto and are by this reference incorporated herein and made a part of this agreement 9. Entire agreement. This agreement supersedes any and all agreements, either oral or written, between the parties with respect to Contractor's completion of the Scope of Work on behalf of City and contains all of the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. No amendment, alteration, or variation of the terms of this agreement shall be valid unless made in writing and signed by the parties hereto 10 Authority to Execute agreement. Each individual executing this agreement represents that he or she is duly authorized to sign and deliver the agreement on behalf of the party indicated and that this agreement is binding on such party in accordance with its terms This agreement may be executed in counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument IN WITNESS WHEREOF, the parties hereto have executed this agreement. Co i gn. ure AYOIal nov V. .674inardi Signer Name Principal &Vice President Signer Title Date 12/13/2017 Contract Description Fredericksburg Drive to Guava Court Pedestrian / Bicycle Railroad Crossing Improvements Project - Final Design Rev 8/2015 City Ci anager 2 1( 17 k Date APPROVED AS TO FORM. e L Richard Taylor, ity Attorney Date R 2./2. -)(q - City of Saratoga Design Services Contract Page 3 of 3 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 SARATOGA CITY COUNCIL MEETING DATE:December 15, 2021 DEPARTMENT:Public Works PREPARED BY:Emma Burkhalter, Associate Engineer SUBJECT:Amendment to Contract with Cotton, Shires and Associates, Inc. Extending the Term of the Contract RECOMMENDED ACTION: Approve Amendment to the contract with Cotton, Shires and Associates, Inc. to extend the term of the contract two years to December 31, 2023. BACKGROUND: In February 2019, City Council awarded a contract to Cotton, Shires and Associates, Inc. (CSA) to provide geotechnical services at three distressed locations in the City: landslide stabilization on Saratoga Heights Drive, shoulder stabilization on Mt Eden Rd, and roadway stabilization on Continental Circle. The contract was to expire on December 31, 2021. To date, the Continental Circle Roadway Stabilization design and construction has been completed, and the design and permit application support for the Mt Eden Rd Shoulder Stabilization has also been completed. However, the design work for the Saratoga Heights Landslide Stabilization is still on-going, so the contract, which includes all three projects, should be extended to allow for the completion of the Saratoga Heights Landslide Stabilization design. It is therefore recommended that the Council approve the amendment to the contract with CSA to extend the term of the contract for two years with no change to amount of the contract. ATTACHMENTS: Attachment A –Contract Amendment Attachment B –Original Contract 119 &RQWUDFWRU3URMHFW1DPH 5HY&LW\RI6DUDWRJD&RQWUDFW$PHQGPHQW3DJHRI &LW\RI6DUDWRJD &RQWUDFW$PHQGPHQW 7KLV&RQWUDFW$PHQGPHQWLVPDGHDW6DUDWRJD&DOLIRUQLDE\DQGEHWZHHQWKH&LW\RI6DUDWRJD DPXQLFLSDOFRUSRUDWLRQ&LW\DQGBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB &RQWUDFWRUZKRDJUHHWKDW &LW\DQG&RQWUDFWRUHQWHUHGLQWRDQDJUHHPHQWGDWHGBBBBBBBBBBBBBBBBBBB ³2ULJLQDO$JUHHPHQW´DQGZLVKWRDPHQGWKH2ULJLQDO$JUHHPHQWDVVHWIRUWKLQWKHSURYLVLRQV FKHFNHGEHORZ7HUPVQRWGHILQHGLQWKLV&RQWUDFW$PHQGPHQWVKDOOKDYHWKHPHDQLQJXVHGLQ WKH2ULJLQDO$JUHHPHQWDQGWKHSURYLVLRQVRIWKH2ULJLQDO$JUHHPHQWVKDOODSSO\WRLQWHUSUHWDWLRQ DQGHQIRUFHPHQWRIWKLV&RQWUDFW$PHQGPHQW $PHQGHG7HUP 7KHWHUPRIWKH2ULJLQDO$JUHHPHQWFRPPHQFHGRQWKH(IIHFWLYH'DWHDQGLVKHUHE\ H[WHQGHGWKURXJKBBBBBBBBBBBBBBBBBBB(insert new termination date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✔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✔RULJLQDO DJUHHPHQW *HRWHFKQLFDO VHUYLFHV DW GLVWUHVVHG &LW\ ORFDWLRQV DPHQGPHQW WR H[WHQG WHUP RI FRQWUDFW 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 SARATOGA CITY COUNCIL MEETING DATE: December 15, 2021 DEPARTMENT: City Attorney PREPARED BY: Richard Taylor, City Attorney SUBJECT: Authorization for Participation in National Opioids Settlement RECOMMENDED ACTION: Authorize the City Manager and/or City Attorney to execute agreements implementing the National Opioids Settlements. DISCUSSION: In response to the opioid crisis, the State of California, Santa Clara County, and many other states and local governments filed lawsuits against the three largest pharmaceutical distributors (McKesson, Cardinal Health and AmerisourceBergen, the “Distributors”), and one manufacturer, Janssen Pharmaceuticals, Inc., and its parent company Johnson & Johnson (“Janssen”). After many years of negotiation, two proposed nationwide settlement agreements (“Settlements”) have been reached that would resolve this litigation. The Settlements require the Distributors to pay up to $21 billion over 18 years and Janssen to pay up to $5 billion over no more than 9 years, for a total of $26 billion. Approximately $22.7 billion is earmarked for use by participating states and local governments to remediate and abate the impacts of the opioid crisis. The Settlements also contain injunctive relief provisions governing the opioid marketing, sale and distribution practices at the heart of the states’ and local governments’ lawsuits, and further require the Distributors to implement additional safeguards to prevent diversion of prescription opioids. The Settlements are conditioned on local governments in affected states agreeing to release their claims against the Distributors and Janssen and to participate in the programs contemplated by the Settlements. California’s share of the settlement funds will depend on the number of cities and counties in the state that agree to participate. While there are many factors that will affect the amount allocated to a particular city, it appears that in best case scenario Saratoga’s allocation would be in the range of $70,000 over 18 years. Because the City does not have programs eligible to make use of the funds, those funds would be used by the County and/or State for eligible programs. 165 Additional information concerning the Settlements including the specific settlement agreements is available on the Attorney General’s website (https://oag.ca.gov/opioids). 166 SARATOGA CITY COUNCIL MEETING DATE:December 15, 2021 DEPARTMENT:Community Development Department PREPARED BY:Nicole Johnson, Senior Planner SUBJECT:Landmark Designation & Mills Act Agreement for 19174 DeHavilland Drive Application No. MIL21-0002 & LNDMRK21-0003 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 19174 DeHavilland Drive 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 second request for a Mills Act in 2021. The City has entered into a total of fourteen (14) Mills Act contracts since the program was created. The subject property is listed on the Heritage Resource Inventory as the “Lee T. Boysel House”. On August 12, 2021,the owner of the property submitted a request (1) to designate the house at 19174 DeHavilland Drive as a Historic Landmark and (2) to enter into a Mills Act Agreement with the City. 167 The property was placed on the Heritage Resource Inventory in 2021.The property qualifies for historical landmark designation under criteria a, b, c, d, e, f, and g because it is a great example of the Mid-Century Modernist architectural style, it is associated with two prominent owners, had distinctive characteristic of post and beam construction, is an established feature of a neighborhood, and is a contributing element in the Eichler home neighborhood. 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 house is a fine example of the Mid-Century Modern design introduced in residential subdivisions by the Joseph Eichler Company. This model was designed by architect Claude Oakland. The Eichler Homes of Saratoga, a 35-unit subdivision was constructed between 1962 and 1964 with some homes backing up to Saratoga Creek. The subdivision plan is typical of Eichler plans with curved streets and cul-de-sacs. The post and beam structure has a split façade with the double garage (two doors) on one side, the recessed entrance in the center and a solid wall extending the rest of the façade. A narrow window at the top of the wall extends half of the length of the wall. The roof line is also bifurcated with a low-pitched roof covering one side, raised above the wall creating upper wall windows and the other side a flat roof. Beams extend beyond the walls providing an overhang around the entire building. The design is inward to an atrium with floor to ceiling windows and sliding glass doors. The rectangle form is relatively plain on the sides with sliding windows and a flush door. Like the front façade, the sides are sheathed in vertical grooved redwood panels. The rear is almost exclusively floor to ceiling windows with a sliding door and a squared brick firebox and chimney that extends through the glass- from the interior to the exterior. 168 Lee T. Boysel and his wife Sharon Anderson Boysel were the first owners of the newly constructed house in 1964. Lee had a nickname buffalo or Buff for short. Buff attended the University of Michigan from 1957-1962 where he earned Bachelor and Master of Science degrees in Electrical Engineering. Initially he worked for IBM, McDonell Aerospace and Fairchild Semiconductor working to develop the microprocessor. In 1969 Lee founded Four Phase Systems in his garage. He led the company to employ over 5000 people when it was sold to Motorola in 1982. His acknowledgements were recognized by the University of Michigan when he was presented with the Alumni Society Merit Award in Electrical and Computer Engineering in 2007. He is also recognized in the Computer History Museum in Mountain View, CA. His early AL-1 microprocessor is on display there as a testament to his amazing achievements in the early days of the Silicon Valley computing revolution. The Boysel family lived in Saratoga until at least the late 1970s. Lee T. Boysel passed away April 21, 2021, while living in San Francisco. Another owner with significant credentials was Kuo Tsun Chang. K.T. Chang appears to have been the second owner. between 1980s and 2018. He retired to Saratoga where he authored Reflection on the Worthiness of Human Creation, a book that explores the science, history, philosophy, and ethics of the fossil fuel quandary and proposes a long-term solution to the problem. K.T. Chang was born and raised in China. After serving as a flight dispatcher for the Flying Tigers in India for the "over the Hump" China supply effort during World War II, he immigrated to the United States, where he earned an MS degree in Structural Engineering at Rensselaer Polytechnic Institute, an MS degree in Aeronautical Engineering at the University of Washington, and a PhD in Engineering Mechanics from Stanford University. During a decades- long career with the Garrett AiResearch Corporation in Los Angeles, Kyoto, and Beijing, K.T. Chang worked on the Apollo project that resulted in the successful moon landing, one of the most important milestones in human history during in the last millennia. His invention on stabilization control system for space vehicles at Garrett AiResearch was possibly a piece of the technology in the Apollo Lunar Module that landed Neil Armstrong and Buzz Aldrin on the moon. The Restoration Plan contained in the draft Mills Act Agreement (Attachment C)provides for maintenance of the building such as repairing original sliding doors, repair/restoration of dry rot damaged beam and post, replacing rotted/damaged siding, and paint. At their September 14, 2021 meeting, the HPC added the property to the Heritage Resource Inventory (HRI) and approved the recommendation of designating the subject property as a Historic Landmark and recommended the property for Mills Act consideration to City Council. 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 $1,101 for a property assessed at $2,759,343. The Mills Act would reduce that amount of revenue by approximately 60% to $440. 169 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 170 ORDINANCE NO. XX-XXX AN ORDINANCE OF THE CITY OF SARATOGA DESIGNATING THE PROPERTY AT 19174 DEHAVILLAND DRIVE (APN 389-05-016) 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 19174 DeHavilland Drive (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: 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. The residence exemplifies the architectural style, Mid Century Modernist, a style that was generated during the post WWII era of optimism and embracing new technology and designs reflecting clean lines with minimal ornamentation in homes, commercial and industrial buildings. b.It is identified with persons or events significant in local, county, state or national history. The residence is associated with two prominent owners. Lee T. (Buff) Boysel who was an electrical engineer, inventor, and founder of Four Phase Systems. The company was founded on work he completed in the garage at the residence He is known for not patenting his inventions believing they belonged in the public domain. His inventions have been used in the computer industry to advance microprocessor development. The second owner, K.T. Chang had an illustrious career in aerospace engineering. After retiring to Saratoga, he wrote Reflection on the Worthiness of Human Creation, setting forth his views on the history and offering his solution to his perceived abuse of fossil fuels. 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. 171 The residence embodies the distinctive characteristics of the Mid-century Modern style; post and beam construction, window walls, open interior design, and the use of indigenous materials (California redwood). d.It is representative of the notable design or craft of a builder, designer, or architect. The residence is a fine example of the Claude Oakland & Associates design for Joseph Eichler Homes in the subdivision, Eichler Homes of Saratoga. e.It embodies or contributes to unique physical characteristics representing an established and familiar visual feature of a neighborhood or district within the City. The residence is a contributing element of the houses in the subdivision, Eichler Homes of Saratoga. 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. The residence is a contributing element of the houses in the subdivision, Eichler Homes of Saratoga. 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 residence is a contributing element of the houses in the subdivision, Eichler Homes of Saratoga. 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 Saratoga held on the 15 th day of December 2021, and was adopted by the following vote following a second reading on the 19 th day of January 2022: 172 AYES: NAYS: ABSENT: ABSTAIN: SIGNED: Tina Walia MAYOR, CITY OF SARATOGA, CALIFORNIA ATTEST: DATE: Britt Avrit CITY CLERK APPROVED AS TO FORM: DATE: Richard Taylor CITY ATTORNEY 173 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 19174 DEHAVILLAND DRIVE (APN 389-05-016) 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 19174 DeHavilland Drive 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 19174 DeHavilland Drive 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 15th day of December 2021 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Tina Walia MAYOR, CITY OF SARATOGA, CALIFORNIA 174 2 of 2 ATTEST: DATE: Britt Avrit CITY CLERK 175 Page 1 of 14 Recording Requested by: City Attorney 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 ___day of December,2021by and between, Eren K. Gonen and Asli B. Ucok ("Owner"), Owner of the real property described below, and the Cityof 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 possessesfee 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 shownasAssessors' Parcel Number 389-05-016 on the 2021Santa Clara County Assessors' Roll and is generally referenced by the following street address: 19174 DeHavilland Drive in the City of Saratoga, as of the Effective Date. (3) The Historic Property was designated by the City as a historiclandmarkbyOrdinance No XXX 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 agreementbothto 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: 176 Page 2 of 14 (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 inany 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-renewalby Owner shall be filed at leastninetydays 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 177 Page 3 of 14 can be replaced according to the standards described in subsection (a), above. (c) The California State Historic Building Code ("SHBC") provides alternative building regulations for the rehabilitation, preservation, restoration, or relocation of structures designated as Historic Properties. The SHBC shall beusedinthe 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 theHistoric 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 byCity relevant tothis 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 architecturalreview 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 DevelopmentDirector shalldetermine 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 ofthe InterestedAgencies 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 178 Page 4 of 14 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 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. Inlieu 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, 179 Page 5 of 14 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 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 givenby 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:Eren K. Gonen & Asli B. Ucok 19174 DeHavilland Drive 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 theparties 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 180 Page 6 of 14 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 orrestrain a violation of any of the covenants, reservations, or restrictions contained herein, 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 tobe 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. Anysuch verbal agreement shallbe considered asunofficial 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 onlyand 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. 181 Page 7 of 14 (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 ____________________________ JAMES LINDSAY CITY MANAGER Address: 13777 Fruitvale Avenue Saratoga, CA 95070 Telephone:(408) 868-1222 Fax Number: (408) 868-8555 ATTEST: ____________________________ Britt Avrit CITY CLERK Approved as to Form: _____________________________ RICHARD TAYLOR CITY ATTORNEY OWNER [Notarized Signature(s) Required] By: _____________________________ Eren K. Gonen By: _____________________________ Asli B. Ucok 182 Page 8 of 14 Name: Eren K. Gonen 7 Asli B. Ucok Title: Property Owner Local Address: 19174 DeHavilland Drive Saratoga, CA 95070 Telephone: (847)630-4711 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 Exhibit A The Historic Property that is the subject of this Agreement is the real property described below including all structures and improvements thereon: ALL OF LOT 6, AS SHOWN UPON THAT CERTAIN MAP ENTITLED, “TRACT NO. 3572 EICHLER HOMES OF SARATOGA” WHICH MAP WAS FILLED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA ON OCTOBER 28, 1963 IN BOOK 168 OF MAPS AT PAGES 44 AND 45. EXCEPTING THEREFROM THE UNDERGROUND WATER WITH NO RIGHT OF SURFACE ENTRY AS GRANTEDIN THE DEED FROM VALLEY TITLE COMPANY OF SANTA CLARA COUNTY TO SAN JOSE WATER WORKS, A CALIFORNIA CORPORATION DATED NOVEMBER 19, 1963, RECORDED NOVEMBER 20, 1963 IN BOOK 6279 OF OFFICIAL RECORDS, PAGE 146. APN: 389-05-016 Property commonly known as: 19174 DeHavilland Drive, Saratoga, CA 95070 183 Exhibit B RESOLUTION NO. APPROVING MILLS ACT CONTRACT [Begins on following page.] 184 Exhibit C 1. NAME OF PROPOSED MONUMENT: Lee T. Boysel House 2. ADDRESS: 19174 DeHavilland Drive, Saratoga, CA 95070 3. ASSESSOR’S PARCEL NUMBER: 389-05-016 COMPLETE LEGAL DESCRIPTION: The land referred to herein belowis situated in the City of Saratoga,County of Santa Clara, State of California and is described as follows: ALL OF LOT 6, AS SHOWN UPON THAT CERTAIN MAP ENTITLED, “TRACTNO.3572 EICHLER HOMES OF SARATOGA” WHICH MAP WAS FILLED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA ON OCTOBER 28, 1963 IN BOOK 168 OF MAPS AT PAGES 44 AND 45. EXCEPTING THEREFROM THE UNDERGROUND WATER WITH NO RIGHT OF SURFACE ENTRY AS GRANTEDIN THE DEED FROM VALLEY TITLE COMPANY OF SANTA CLARA COUNTY TO SAN JOSE WATER WORKS, A CALIFORNIA CORPORATION DATED NOVEMBER 19, 1963, RECORDED NOVEMBER 20, 1963 IN BOOK 6279 OF OFFICIAL RECORDS, PAGE 146. APN: 389-05-016 Property commonly known as: 19174 DeHavilland Drive, Saratoga, CA 95070 4. RANGE OF ADDRESSES: 19174 DeHavilland Drive 5. PRESENT OWNERS: Eren K. Gonen 7 Asli B. Ucok 6. OWNERSHIP: Private 7. PRESENT AND ORIGINAL USE: Single Family Residential 8. ARCHITECTURAL STYLE: Mid-Century Modern 9. PRESENT PHYSICAL DESCRIPTION: The house is a fine example of the Mid-century Modern design introduced in residential subdivisions by the Joseph Eichler Company. This model was designed by architect Claud Oakland. The Eichler Homes of Saratoga, a 35-unit subdivision was constructed between 1962 and 1964 with some homes backing up to 185 Saratoga Creek. The subdivision plan is typical of Eichler plans with curved streets and cul- de-sacs. 10. CONSTRUCTION DATE: 1964 11. ARCHITECT, DESIGNER, OR ENGINEER: Claude Oakland 12. CONTRACTOR/BUILDER: Joseph Eichler Company 13. PHOTOGRAPHS: Included in DPR 14. CONDITION: Excellent with its age. Estimated maintenance and preservation costs are $121,200 over the course of ten years. 15. ALTERATIONS:The home was constructed in 1964. Only major alteration from original design is a 300 sq ft addition done in 1900s, however it is done in a way that follows the same style, hence blends well with the original. 16. THREATS TO THE SITE: The site is located on DeHavilland Drive and is in an area where homes have been demolished and rebuilt. 17. STATEMENT OF SIGNIFICANCE: This 1965 Eichler home was built during a robust period of development of mid-century modern homes in the Bay area. Most of the Eichler homes were located in larger developments North of Saratoga, such Sunnyvale and Palo Alto. This tract in Saratoga, known as “Eichler Homes of Saratoga”, is unique and the only one of its kind in the City. Many of the originally plotted Eichler homes on DeHavilland Drive still exist. Claude Oakland was one of the leading mid-century design architects for Eichler homes. Oakland, whosefirm was located in San Francisco, established himself as a well-known and successful architect of midcenturymodern homes. In addition, Joseph Eichler is considered one of the most innovative and influential developers of what is known asCalifornia Modern homes, a branch of Mid-Century Modern design. The Lee T. Boysel House is listed on the Saratoga Heritage Resource Inventory (HP21- 0006). It qualified under Criteria (a), (b) (c) and (d). Criteria (a) states the property exemplifies and reflects special elements of the cultural, social, economic, aesthetic, and architectural history of Saratoga. Criteria (b) states it is identified with two prominent owners. Criteria (c) states the property embodies distinctive characteristics of the Mid- Century/California Modern architecture, type and period. Criteria (d) states the property is representative of a notable design by architect Claude Oakland. 18. SOURCES: Department of Parks and Recreation Primary Record for 19174 DeHavilland Drive which is part of the City of Saratoga Heritage Resource Inventory 186 19. PREPARER: Nicole Johnson, City of Saratoga, 13777 Fruitvale Avenue, Saratoga, CA 95070 187 Exhibit D 188 189 Page 1 of 18 *Resource Name or #: (Assigned by recorder) 19174 De Havilland Dr Saratoga P1. Other Identifier: Located mid-block on DeHavilland Dr. east of Anza Dr. ____ DPR 523A (9/2013) *Required information State of California  The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # PRIMARY RECORD Trinomial NR HP Status Code Other Listings Review Code Reviewer Date *P2.Location: Not for Publication Unrestricted *a. County Santa Clara and (P2c, P2e, and P2b or P2d. Attach a Location Map as necessary.) *b. U SGS 7.5' Quad Date T ; R ; of of Sec ; B.M. c.Address 19174 DeHavilland Dr City Saratoga Zip 95070 d.UTM: (Give more than one for large and/or linear resources) Zone 10S ,597961.91 mE/ 4126498.22 mN e.Other Locational Data: (e.g., parcel #, directions to resource, elevation, decimal degrees, etc., as appropriate)APN 389-05-16 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries)The single family residential neighborhood is composed of Mid-century modern homes developed by the Joseph Eichler Company. The subject house is set back from the street in conformance with the others on the street. The post and beam structure has a split façade with he double garage (two doors) on one side, the recessed entrance in the center and a solid wall extending the rest of the façade. A narrow window at the top of the wall extends half of the length of the wall. The roof line is also beforecited with a low-pitched roof covering one side, raised above the wall creating upper wall windows and the other side a flat roof. Beams extend beyond the walls providing an overhang around the entire building. *P3b. Resource Attributes: (List attributes and codes) HP2 *P4. Resources Present: Building S tructure Object Site District Element of District Other (Isolates, etc.) P5b. Description of Photo: (view, date, accession #) Front Façade- 7/1/2021 *P6. Date Constructed/Age and Source X Historic Prehistoric Both 1964 Assessor’s records *P7. Owner and Address: Eren K. Gonen/Asli B. Ucok19174 De Havilland Dr Saratoga Ca 95070 *P8. Recorded by: (Name, affiliation, and address) Bonnie Bamburg Urban Programmers 10710 Ridgeview Ave. San Jose CA 95127 *P9. Date Recorded: 10/29/2021 *P10. Survey Type: (Describe) Intensive *P11. Report Citation: (Cite survey report and other sources, or enter "none.") none *Attachments: NONE Location 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): 190 Page 2 of 18 *Resource Name or # (Assigned by recorder) 19174 DeHavilland Dr. Saratoga *Recorded by: Urban Programmers *Date 10/29/2021 X Continuation Update DPR 523L (9/2013 State of California - The Resources Agency Primary# DEPARTMENT OF PARKS AND RECREATION HRI # Trinomial CONTINUATION SHEET P3 Description continued: The design is inward to an atrium with floor to ceiling windows and sliding glass doors. The rectangle form is relatively plain on the sides with sliding windows and a flush door. Like the front façade, the sides are sheathed in vertical grooved redwood panels. The rear is almost exclusively floor to ceiling windows with a sliding door and a squared brick firebox and chimney that extends through the glass- from the interior to the exterior. The house is a fine example of the Mid -century Modern design introduced in residential subdivisions by the Joseph Eichler Company. This model was designed by architect Claud Oakland, model SAJ 1744. Figure 1 The plan shown is slightly larger but otherwise very similar to SAJ-1744 (2100 sqft). Source: http://www.eichlersocal.com /the-eichler- community/eichler-floor- OJ- 1744/R (Jones/Emmons)plans- fairhills/ 191 Page 3 of 18 *Resource Name or # (Assigned by recorder) 19174 DeHavilland Dr. Saratoga *Recorded by: Urban Programmers *Date 10/29/2021 X Continuation Update DPR 523L (9/2013 State of California - The Resources Agency Primary# DEPARTMENT OF PARKS AND RECREATION HRI # Trinomial CONTINUATION SHEET P.Photographs: Photograph 1 19174 DeHavilland Dr. Saratoga Ca View: Front façade showing recessed entry way and double door garage. Landscaping is very appropriate for the Mid-century design. 192 Page 4 of 18 *Resource Name or # (Assigned by recorder) 19174 DeHavilland Dr. Saratoga *Recorded by: Urban Programmers *Date 10/29/2021 X Continuation Update DPR 523L (9/2013 State of California - The Resources Agency Primary# DEPARTMENT OF PARKS AND RECREATION HRI # Trinomial CONTINUATION SHEET Photograph 2 19174 DeHavilland Dr. Saratoga Ca View: Garage doors and beam overhanging eave Photograph 3 19174 DeHavilland Dr. Saratoga Ca View: Atrium. Cross boards, likely to provide shade have been added to the beams. 193 Page 5 of 18 *Resource Name or # (Assigned by recorder) 19174 DeHavilland Dr. Saratoga *Recorded by: Urban Programmers *Date 10/29/2021 X Continuation Update DPR 523L (9/2013 State of California - The Resources Agency Primary# DEPARTMENT OF PARKS AND RECREATION HRI # Trinomial CONTINUATION SHEET Photograph 5 19174 DeHavilland Dr. Saratoga Ca Photograph 6 19174 DeHavilland Dr. Saratoga View: Looking through the interior View: Kitchen looking outside, to the window wall and the rear yard. Note the Note the skylight Beams and wood plank style ceiling. Photograph 4 19174 DeHavilland Dr. Saratoga Ca View: Looking through the living space to the rear window wall. The fireplace and chimney are in the center. 194 Page 6 of 18 *Resource Name or # (Assigned by recorder) 19174 DeHavilland Dr. Saratoga *Recorded by: Urban Programmers *Date 10/29/2021 X Continuation Update DPR 523L (9/2013 State of California - The Resources Agency Primary# DEPARTMENT OF PARKS AND RECREATION HRI # Trinomial CONTINUATION SHEET Photograph 7 19174 DeHavilland Dr. Saratoga Ca View: Rear façade, window wall in the living space, solid wall of bedroom. Note the beam extending to create the broad overhanging eaves. Figure 2 Eichler Homes of Saratoga Plot Plan, George Nolte Civil Engineers, 1962 195 * R esource Name or # (Assigned by recorder) 19174 DeHavilland Dr.Saratoga * NRHP S tatus Code 3D/5S1 -5D Page 7 of 18 DPR 523B (9/2013) *Required information State of California  The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD (This space reserved for official comments.) (Sketch Map with north arrow required.) B 1. Historic Name: Lee T. Boysel House B 2. Common Name: K.T. Chang House B 3. Original U se: single family residence B4. Present Use: same *B5. Architectural Style: Mid-century Modern *B6. Construction History: (Construction date, alterations, and date of alterations)Constructed 1964 Alteration to the interior, cross boards in the atrium 1960 a 300 square-foot addition was made to the back of the house *B7. Moved?No Yes Unknown Date: Original Location: *B8. Related Features: Part of the Eichler Track Saratoga B9a. Architect: Claude Oakland b. Builder: Joseph Eichler Company *B10. Significance: Theme Architecture Area Saratoga Period of Significance 1964-2014 Property Type House Applicable Criteria NA (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity.) The property at 19174 DeHavilland Drive is significant under the California Register of Historical Resources, criterion 3 as a contributor to a potential historic district of Similar style homes (identified through the survey process), and under the historic landmark criteria of the City of Saratoga for its representation of Mid-century architecture in a building that retains a very high degree of integrity. Background: A track of 35 homes was developed in the early 1960s by the Joseph Eichler Company on DeHavilland Drive, Shubert Drive, and included 3 cul-de-sacs Plan is attached). The track “Eichler Homes Saratoga” was developed about the same time as the Fairglen Additions Track in San Jose using many of the same architects and similar house designs. The Fariglen Additions Track is listed in the National Register of Historic Places. (continued) B11. Additional Resource Attributes: (List attributes and codes) *B12. References:Continued B13. Remarks: *B14. Evaluator: Bonnie Bamburg *Date of Evaluation: 10/29/2021 196 DPR 523L (Rev. 1/1995)(Word 9/2013) State of California  Natural Resources Agency Primary# DEPARTMENT OF PARKS AND RECREATION HRI # T rinomial CONTINUATION SHEET Page 8 of 18 Resource Name or # (Assigned by recorder) 19174 DeHavilland Dr. Saratoga * R ecorded by: Urban Programmers * Date 10/29/2021 X Continuation Update B 10 Significance Continued; Background: Joseph Eichler was a real estate developer who appears to have been influenced by the work of Frank Lloyd Wright when he lived in a Wright house in Hillsborough. The open plan and design that brought the the inside and outside together were not offered in the other post-war housing tracts of the late 1950s.At that time the “Modern” homes where all custom built and expensive. Eichler, often referred to as a visionary, began developing subdivisions of architect designed “Modernist” homes for the mass market The houses were designed by several well-known architects from the Bay Area and Los Angles; Anshen and Allen, Claude Oakland & Associates, Jones & Emmons, A. Quincy Jones, and Raphael Soriano. The designs featured Post and beam construction, skylights, window walls, and soft feeling natural materials 1. And they were often oriented to the interior creating a private living space. The Eichler Company built around 11,000 homes, most of which are located in the San Francisco Bay Area of California. Eichler was a strong advocate of fair housing and was known to oppose recommenda5ons and regula5ons from the Federal Housing Administra5on that did not include racially integrated neighborhoods. In 1958, Eichler resigned from the National Association of Home Builders in protest over racial discrimina5on policies.2 A policy of the Eichler Company was to offer to purchase back, for the original sales price, any house where the owner did not want to live next to a family of a different race.3 It is unlikey any such by-backs occurred. The historic context statement adopted by the City Council Resolution (#HP-09-01) defines the era during which the property at 19174 De Havilland Dr was constructed as the Urbanization of the New Municipality era 1956- 1975.This was a time of residential growth in Saratoga with most of the subdivisions comprised of Ranch style homes. The Eichler Homes of Saratoga is unique in the city, exhibiting the Mid-century Modernist architecture also known as “California Modern.” 1 Interior mahogany wood paneling was later replaced with sheet rock said to be more durable and less flammable. 2 "Joe Eichler Profile". Eichler Network. Retrieved 2021-9-27 3 Author’s conversation with Eichler salesman, 1963 197 DPR 523L (Rev. 1/1995)(Word 9/2013) State of California  Natural Resources Agency Primary# DEPARTMENT OF PARKS AND RECREATION HRI # T rinomial CONTINUATION SHEET Page 9 of 18 Resource Name or # (Assigned by recorder) 19174 DeHavilland Dr. Saratoga * R ecorded by: Urban Programmers * Date 10/29/2021 X Continuation Update The Eichler Homes of Saratoga, a 35-unit subdivision was constructed between 1962 and 1964 with some homes backing up to Saratoga Creek. The subdivision plan is typical of Eichler plans with curved streets and cul-de-sacs. When this development was planned the resales in the area were escalating in price.4 The Eichler Homes of Saratoga was aimed at a more affluent buyer and included larger floor plates and larger parcels, almost ¼ acre. Also, unlike earlier Eichler developments the subdivision was marked by entry structures on Cox Avenue. These large concrete planters with trees are designed with benches. As gated communities became popular, this is as far as Eichler would go in defining a “separate” neighborhood. Claude Oakland & Associates Oakland studied architecture at Tulane University in New Orleans and served in the South Seas with the U.S. Navy Seabees construction battalion during World War II. After the war he moved to San Francisco and in 1950 went to work for the growing architectural firm Anshen & Allen. He was the Chief Designer for the Eichler Homes Company for 10 years until he left the firm in 1960 to open, Claude Oakland & Associates. Oakland invited Harvard educated Kenji Imada also at Anshen and Allen, to join the new firm. The firm became Oakland and Imada in 1977. Oakland passed away in 1989 and Imada retired in 2000. Oakland retained the Eichler account and is noted as one of the premier Mid-century Modernist designers and one of the most prolific with over 500 modernist homes to his credit.5 First Owner of 19174 DeHavilland Drive Lee T. Boysel and his wife Sharon Anderson Boysel were the first owners of the newly constructed house in 1964. 6 Lee had a nickname buffalo or Buff for short. Buff attended the University of Michigan from 1957-1962 where he earned Bachelor and Masters of Science degrees in Electrical Engineering. During his university days he belonged to the Sigma Chi fraternity. His education is credited with encouraging him to think independently and 4 Archives and Architecture, Saratoga Resource Inventory, December 2009, page32 5 https://archives.ced.berkeley.edu/collections/oakland-imada 6 San Jose Suburban Area Directory, Saratoga, R.L. Polk Publishing Company, 1964 198 DPR 523L (Rev. 1/1995)(Word 9/2013) State of California  Natural Resources Agency Primary# DEPARTMENT OF PARKS AND RECREATION HRI # T rinomial CONTINUATION SHEET Page 10 of 18 Resource Name or # (Assigned by recorder) 19174 DeHavilland Dr. Saratoga * R ecorded by: Urban Programmers * Date 10/29/2021 X Continuation Update “outside-the-box”, beyond traditional paradigms and boundaries. Initially he worked for IBM, McDonell Aerospace and Fairchild Semiconductor working to develop the microprocessor. In 1969 Lee founded Four Phase Systems in his garage. He led the company to employ over 5000 people when it was sold to Motorola in 1982.His acknowledgements were recognized by the University of Michigan when he was presented with the Alumni Society Merit Award in Electrical and Computer Engineering in 2007. He is also recognized in the Computer History Museum in Mountain View, CA. His early AL-1 microprocessor is on display there as a testament to his amazing achievements in the early days of the Silicon Valley computing revolution.7 Boysel never patented his advancements. Four Phase Systems was based on a small but powerful central processing unit (or CPU) called the AL-1 that Boysel developed on his own. Instead of a patent, he published an article in the April 1970 issue of Computer Design Magazine describing it in detail. Years later, Texas Instruments attempted to lay claim to this technology and collect royalties, but Boysel as an expert witness proved that the technology was in fact his prior invention, and it belonged in public domain.8 The Boysel family lived in Saratoga until at least the late 1970s. Lee T. Boysel passed away April 21, 2021, while living in San Francisco.9 Another owner with significant credentials was Kuo Tsun Chang K.T. Chang appears to have been the second owner. between 1980s and 2018. He retired to Saratoga where he authored Reflection on the Worthiness of Human Creation, a book that explores the science, history, philosophy, and ethics of the fossil fuel quandary and proposes a long-term solution to the problem.10 7 https://www.legacy.com/us/obituaries/sfgate/name/lee-boysel-obituary?id=10122972 8 https://ece.engin.umich.edu/stories/lee-boysel-the-early-history-of-microprocessing 9 https://www.legacy.com/us/obituaries/sfgate/name/lee-boysel-obituary?id=10122972 10 https://ataridogdaze.com/reflections.shtml Lee T. Boysel 199 DPR 523L (Rev. 1/1995)(Word 9/2013) State of California  Natural Resources Agency Primary# DEPARTMENT OF PARKS AND RECREATION HRI # T rinomial CONTINUATION SHEET Page 11 of 18 Resource Name or # (Assigned by recorder) 19174 DeHavilland Dr. Saratoga * R ecorded by: Urban Programmers * Date 10/29/2021 X Continuation Update K.T. Chang was born and raised in China. After serving as a flight dispatcher for the Flying Tigers in India for the "over the Hump" China supply effort during World War II, he immigrated to the United States, where he earned an MS degree in Structural Engineering at Rensselaer Polytechnic Institute, an MS degree in Aeronautical Engineering at the University of Washington, and a PhD in Engineering Mechanics from Stanford University. During a decades-long career with the Garrett AiResearch Corporation in Los Angeles, Kyoto, and Beijing, K.T. Chang worked on the Apollo project that resulted in the successful moon landing, one of the most important milestones in human history during in the last millennia. His invention on stabilization control system for space vehicles at Garrett AiResearch was possibly a piece of the technology in the Apollo Lunar Module that landed Neil Armstrong and Buzz Aldrin on the moon. Below shows the patent issued by US Patent and Technology Office back in 1969 to Dr. Chang his co-inventor Dr. Yarbee. 200 Page 12 of 18 Resource Name or # (Assigned by recorder) 19174 DeHavilland Dr. Saratoga * R ecorded by: Urban Programmers * Date 10/29/2021 X Continuation Update DPR 523L (Rev. 1/1995)(Word 9/2013) State of California  Natural Resources Agency Primary# DEPARTMENT OF PARKS AND RECREATION HRI # T rinomial CONTINUATION SHEET 201 Page 13 of 18 Resource Name or # (Assigned by recorder) 19174 DeHavilland Dr. Saratoga * R ecorded by: Urban Programmers * Date 10/29/2021 X Continuation Update DPR 523L (Rev. 1/1995)(Word 9/2013) State of California  Natural Resources Agency Primary# DEPARTMENT OF PARKS AND RECREATION HRI # T rinomial CONTINUATION SHEET Figure 3 Santa Clara County Assessor’s Map showing the parcel Book 389-05-16 19174 DeHavilland Drive, Saratoga. N 202 DPR 523L (Rev. 1/1995)(Word 9/2013) State of California  Natural Resources Agency Primary# DEPARTMENT OF PARKS AND RECREATION HRI # T rinomial CONTINUATION SHEET Page 14 of 18 Resource Name or # (Assigned by recorder) 19174 DeHavilland Dr. Saratoga * R ecorded by: Urban Programmers * Date 10/29/2021 X Continuation Update Saratoga Municipal Code Section 13-15-010 Criteria: The criteria contained in the Municipal Code is modeled after the CRHR criteria. The Heritage Commission may recommend to the City Council designation of a proposal as a historic landmark, heritage lane or historic district 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 19174 DeHavilland Drive exemplifies the architectural style, Mid Century Modernist, a style that was generated during the post WWII era of optimism and embracing new technology and designs reflecting clean lines with minimal ornimentation in homes, commercial and industrial buildings. (b)It is identified with persons or events significant in local, county, state or national history; or 19174 DeHavilland is associated with two prominent owners. Lee T. (Buff) Boysel who was an electrical engineer, inventor, and founder of Four Phase Systems. The company was founded on work he completed in the garage at 19174 DeHavilland Dr. He is known for not patenting his inventions believing they belonged in the public domain. His inventions have been used in the computer industry to advance microprocessor development. The criteria identified in the Saratoga Municipal Code appears to allow importance ascribed to residents more leniently than the CRHR. The second owner, K.T. Chang had an illustrious career in aerospace engineering. After retiring to Saratoga he wrote Reflection on the Worthiness of Human Creation, setting forth his views on the history and offering his solution to his perceived abuse of fossil fuels. Saratoga has been home to several authors, 203 Page 15 of 18 Resource Name or # (Assigned by recorder) 19174 DeHavilland Dr. Saratoga * R ecorded by: Urban Programmers * Date 10/29/2021 X Continuation Update DPR 523L (Rev. 1/1995)(Word 9/2013) State of California  Natural Resources Agency Primary# DEPARTMENT OF PARKS AND RECREATION HRI # T rinomial CONTINUATION SHEET some who became significant for their writings after the 50 years period for evaluation. The test of time and/or scholarly review is necessary to ascribe importance to K. T. Chang’s book. His other accomplishments occurred while working in other cities. (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 19174 De Havilland Drive embodies the distinctive characteristics of the Mid-century Modern style; post and beam construction, window walls, open interior design, and the use of indigenous materials (California redwood) (d)It is representative of the notable design or craft of a builder, designer, or architect; or 19174 DeHavilland Drive is a fine example of the Claude Oakland & Associates design for Joseph Eichler Homes in the subdivision, Eichler Homes of Saratoga. (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 19174 DeHanilland Dr. is a contributing element in a potential historic district. (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 19174 DeHavilland Drive is a contributing element in a potential historic district of the houses in the subdivision, Eichler Homes of Saratoga. (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. 204 Page 16 of 18 Resource Name or # (Assigned by recorder) 19174 DeHavilland Dr. Saratoga * R ecorded by: Urban Programmers * Date 10/29/2021 X Continuation Update DPR 523L (Rev. 1/1995)(Word 9/2013) State of California  Natural Resources Agency Primary# DEPARTMENT OF PARKS AND RECREATION HRI # T rinomial CONTINUATION SHEET 19174 DeHavilland Drive is a contributing element in a potential historic district of the houses in the subdivision, Eichler Homes of Saratoga. The conclusion is that the property at 19174 DeHavilland conforms with the criteria a ,c, d, e, f, and g of the Saratoga Municipal Code Section 13-15-010 and is eligible to be designated a Historic Landmark. California Register of Historic Resources (CRHR): Criteria for Listing The CRHR criteria is similar to the criteria for listing property in the National Register of Historic Places, however it has been modified to more broadly reflect the historic values of California. The CRHR is the threshold to determine a property a historic resource under CEQA. To consider a potential property it is important to first assess the integrity of the buildings and features. There are seven aspects of integrity that have been defined by the National Register of Historic Places. They include, location, design, materials, setting, workmanship, feeling and association (with an important person or event). Criterion 1 Associated 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. No events of significance are association with the property. Because the inventions of Lee T. Boysel or the writings of K. T. Chang are less than 50 years old, it is necessary to have scholarly documentation of the importance to have the events meet Criterion 1. Criterion 2 Associated with the lives of persons important to local, California or national history. To be associated with people important to local, California or National history, the important acts should be more than 50 years 205 DPR 523L (Rev. 1/1995)(Word 9/2013) State of California  Natural Resources Agency Primary# DEPARTMENT OF PARKS AND RECREATION HRI # T rinomial CONTINUATION SHEET Page 17 of 18 Resource Name or # (Assigned by recorder) 19174 DeHavilland Dr. Saratoga * R ecorded by: Urban Programmers * Date 10/29/2021 X Continuation Update in the past and/or scholarly research and dissertation is required to establish the historical importance. Criterion 3 Embodies the distinctive characteristics of a type, period, region, or method of construction or represents the work of a master or possesses high artistic values. 19174 DeHavilland embodies the distinctive characteristics of the Mid-century Modernist style of architecture. The post and beam construction with large window walls, open interior, minimal ornamentation, and natural materials. The building retains a high degree of integrity reflecting the work of Master Mid-century architect, Claude Oakland & Associates. Due to the number existing homes in the Eichler Homes of Saratoga that retain integrity this building is eligible as a contributing element in a historic district identified during the survey process. Criterion 4 Has yielded, or has the potential to yield, information important to the prehistory or history of the local area, California, or the nation. An archeological survey was not conducted as part of this nomination and research. Due to the soil disturbance during construction or agricultural use it is highly unlikely important information of prehistory would be found on this site. The conclusion is the property at 19174 DeHavilland Drive is eligible for listing in the California Register of Historical Resources under Criterion 3-as a fine example of Mid-century Modernist design as a contributing element in a historic district of Eichler Homes of Saratoga, identified as part of the survey process. B 12 Resources consulted. Arbunich, Marty & Paul Adamson,. Eichler/Modernism Rebuilds the American Dream. Gibbs Smith Publisher, Salt Lake City, 2002 206 Page 18 of 17 Resource Name or # (Assigned by recorder) 19174 DeHavilland Dr. Saratoga *Recorded by: Urban Programmers *Date 10/29/2021 X Continuation Update DPR 523L (Rev. 1/1995)(Word 9/2013) State of California  Natural Resources Agency Primary# DEPARTMENT OF PARKS AND RECREATION HRI # Trinomial CONTINUATION SHEET Boysel, Lee (Obituary)San Francisco Chronicle from May 21 to May 23, 2021. https://www.legacy.com/us/obituaries/sfgate/name/lee-boysel- obituary?id=10122972 Ditto, Jerry. Design for Living, Eichler Homes. Chronicle Books, San Francisco,1995 Eichler Homes Marketing Brochure, Fairglen Additions 1,2,3 1961 Joseph Eichler, https://en.wikipedia.org/wiki/Joseph_Eichler, retrieved 10/20/2021 University of California, Environmental Design Archives, Claude Oakland, Architect Weinstein, Dave. “The Late, Great Eichler Designs of Architect Claude Oakland” Google Website. Weinstein, Dave, “How Saratoga Eichlers Keep Their Looks”, Eichler Network Blog January 3, 2018 Reflections on the Worthiness of Human Creation - Dog Daze https://ataridogdaze.com › reflections City of Saratoga archives: George S. Nolte, Civil Engineer. “Eichler Homes of Saratoga” development tract plans. 1963 207 SARATOGA CITY COUNCIL MEETING DATE: December 15, 2021 DEPARTMENT: Community Development Department PREPARED BY: Christopher Riordan, AICP, Senior Planner SUBJECT: Urgency Ordinance to implement Senate Bill 9 by setting forth objective standards applicable to projects required to be processed for only ministerial review such as lot splits and 2-unit developments in all single-family zoning districts. RECOMMENDED ACTION: Adopt the attached Urgency Ordinance to adopt urgency measures to implement Senate Bill No. 9 which becomes effective January 1, 2022. The adoption of the Urgency Ordinance under Government Code Section 65858 requires a four- fifths vote of the City Council. If adopted, the Urgency Ordinance would take effect immediately and would remain in effect for 45 days. Within the 45-day period, Council may vote to extend the Ordinance for an additional 10 months and 15 days. During this time, staff will begin the process of holding public meetings with the Planning Commission to create a comprehensive permanent ordinance to implement SB9. An updated ordinance can be expected to be presented to the City Council by the Spring of 2022. BACKGROUND: On September 16, 2021, Senate Bill (SB) 9 was signed into law by Governor Newsom. SB 9 will significantly impact single-family residential zoning in California by allowing all properties within a “single-family residential zone” to be developed with two units and be subdivided into two parcels, irrespective of local development standards. SB 9 allows for two new types of development that must be reviewed ministerially without discretionary action or public comment: • Two Unit Development – Allows a single-family residential parcel to be developed with two primary dwelling units instead of just one, including an Accessory Dwelling Unit (ADU) and a Junior Accessory Dwelling Unit (JADU), for a total of four dwelling units. • Urban Lot Split – Allows a single-family residential parcel to be subdivided into two parcels and for each parcel to be developed with two primary dwelling units. Local jurisdictions are not required to approved ADU’s or JADU’s on lots created by an Urban Lot Split. 208 Report to the City Council Senate Bill 9 Urgency Ordinance December 15, 2021 Page | 2 SB 9 does allow a local jurisdiction to impose objective zoning, design, and subdivision standards, but is prohibited from applying any standard(s) that would preclude the construction of two units of less than 800 square feet on any single-family zoned property. No setbacks are required for an existing structure or for new construction in the same location and having the same dimensions as an existing structure. Additionally, a local jurisdiction is also precluded from applying side or rear setbacks greater than four feet or requiring onsite parking for properties within one-half mile walking distance of either a high-quality transit corridor 1 or a major bus stop 2, or within one-block of a car share vehicle 3. A local agency may deny a proposed housing development project if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project (1) would have a specific, adverse impact upon public health and safety or the physical environment; and (2) there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. UC Berkeley’s Terner Center of Housing Innovation completed an analysis of the potential effect of SB 9 on existing communities. The analysis was completed for local jurisdictions with minimum populations of 10,000 and it was determined that of Saratoga’s 9,600 parcels that are zoned single family residential, a total of 1,100 parcels could be economically viable to add new units under SB 9. DISCUSSION: Objective Standards and Regulations While SB 9 precludes discretionary review of qualifying projects on single family zoned property, the statute expressly authorizes a local jurisdiction to impose objective standards to the extent they do not reduce the development allowed under SB 9. The intent of the proposed Ordinance is to allow the accommodation of additional units that must be approved under SB 9 within the building envelope allowed by existing zoning, except in cases where SB 9 requires a moderately larger building envelope through the reduction of setback standards. In addition, the proposed Ordinance includes objective development standards that will allow staff to impose conditions to address neighborhood and community concerns (e.g., privacy) that would otherwise be addressed through a discretionary permitting process. A summary of significant provisions of the proposed Ordinance is provided in the following paragraphs: 1) Ministerial approval of a two-unit development. SB9 allows a local agency to impose objective standards on qualifying housing development projects so long as they do not conflict with the requirements of the statute, including minimum unit size and maximum rear and side setback requirements. 1 A transit corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours. 2 A ‘ transit stop’ at the intersection of two or more major bus routes with a frequency of service interval or 15 minutes or less during the morning and afternoon peak commute periods. 3 A motor vehicle that is operated as part of a regional fleet by a public or private car sharing company or organization and provides hourly or daily service. 209 Report to the City Council Senate Bill 9 Urgency Ordinance December 15, 2021 Page | 3 a. Unit Size and Allowable Floor Area: Since SB 9 allows two units of up to 800 square feet, the Interim Ordinance allows a minimum of 800 square foot units. However, a project applicant can still develop two residential units at the maximum allowable floor area for a site but as mentioned, the allowable floor area for a site cannot limit the development of two 800 square foot dwelling units. b. Setbacks. Setbacks of the underlying zoning district are required for both the front and exterior (street side yard). Pursuant to SB 9, the City can require a minimum building setback of no less than four feet from the interior side and rear property lines. c. Parking: SB 9 does not allow a local jurisdiction to require more than one parking space per unit. The proposed Ordinance requires that the parking space be located in an enclosed garage of a size that accommodates a one car parking space as required by the City’s current parking regulations. Also, if the applicant were to propose any additional parking spaces, they must meet the City’s requirements related to parking stall size and configuration. d. Building Height. Dwelling units are limited to one story and a height of 18 feet. Dwelling units shall not exceed a height of 16 feet when located within the side or rear setback area of the underlying zoning district. e. Decks. To address potential privacy impact of new development with reduced setbacks, rooftop decks are not permitted. f. Accessory Structures. The Ordinance does allow residential units to have setbacks of no less than four feet, but this does not apply to accessory structures such as swimming pools, outdoor kitchens, sheds, and generators. All accessory structures shall comply with the development standards contained in Article 15-80 of the City Code. g. Review and Permitting Process - An application for a SB 9 project is a ministerial process that would subject to the City’s Technical Review process to ensure compliance with the required objective standards, including a review of all existing and proposed structures comprising the proposed housing development. Technical Review approval would be required prior to submittal of applications for building permits for the individual structures. 2. Ministerial approval of an urban lot splits SB 9 requires that lots resulting from an urban lot split subject to SB 9 requirements be roughly equal in size (no more than 60% or less than 40% of the original lot size) and the resulting lots to be no less than 1,200 square feet. a. Urban lot splits would be processed similar to a Parcel Map however, since urban lot splits are ministerial, an application for a tentative parcel map would not be required. No public hearing would be required nor appeals allowed due to limitations of state law. Urban lot splits would be reviewed by both the Planning and Public Works Department. To ensure orderly development of SB 9 projects, applications for urban lot splits would be submitted 210 Report to the City Council Senate Bill 9 Urgency Ordinance December 15, 2021 Page | 4 concurrently with the Technical Review application for the new structures. The applicant would be required to post the site thereby informing neighbors of upcoming potential development. b. A new parcel created by an Urban Lot Split shall not be less than 50 percent of the width of the original parcel. c. The lot split must comply with applicable objective requirements of the Subdivision Map Act but cannot require dedication of land or off-site improvements such as sidewalks, curb, and gutter improvements as a condition of approval of the subdivision. d. An applicant for an Urban Lot Split will be required to sign and record an affidavit stating that the applicant intends to occupy one of the housing units as their principal residence for a minimum of three years from the date of the approval of the urban lot split. 3. Accessory Dwelling Units Existing State law and the City's ADU Ordinance allow for ADUs in association with single- family dwellings or duplex structures. In conformance with SB-9, the interim ordinance allows for ADUs in conjunction with SB-9 projects as follows: a. Two Unit Development (No Lot Split) - One ADU and JADU are allowed in addition to the two primary dwellings allowed by SB-9, for a total of four units. b. Urban Lot Splits – SB 9 provides that the City may restrict the number of units – inclusive of primary dwellings, ADUs, and JADUs – to no more than two on parcels created from an urban lot split. Consistent with SB-9, the interim ordinance restricts the total number of allowable units resulting from an urban lot split to four units (two on each parcel). ADVERTISING, NOTICING AND PUBLIC CONTACT Notice of the public hearing was published in the Saratoga News on December 3, 2021. ENVIRONMENTAL DETERMINATION: An ordinance adopted to implement SB 9 shall not be considered a project under CEQA and is therefore statutorily exempt - Gov. Code § 66411.7(n) and 65852.21(j). ATTACHMENTS: A. Interim SB9 Ordinance B. Senate Bill 9 211 1444175.3 ORDINANCE NO. _____________ AN URGENCY ORDINANCE TO IMPLEMENT SENATE BILL 9 BY SETTING FORTH OBJECTIVE STANDARDS APPLICABLE TO PROJECTS REQUIRED TO BE PROCESSED FOR ONLY MINISTERIAL REVIEW UNDER GOVERNMENT CODE SECTIONS 65852.1 OR 66411.7 SUCH AS LOT SPLITS AND TWO UNIT DEVELOPMENTS IN SINGLE FAMILY ZONING DISTRICTS WHEREAS, on September 16, 2021, the Governor Newsom signed into law Senate Bill 9 (“SB9”), entitled the “California Home Act”. Among other provisions, this bill adds Sections 65852.21 and 66411.7 to the California Government Code and becomes effective on January 1, 2021; and WHEREAS, SB 9 requires the ministerial approval of a parcel map for an urban lot split to create two parcels and/or a proposed housing development containing a maximum of two residential units within a single-family residential zone; and WHEREAS, SB 9 limits the standards and regulations that a local agency, including Saratoga, may impose on qualifying two-unit or subdivision projects. For example, SB 9 specifies that local agencies may only impose objective zoning, subdivision, and design standards that would not physically preclude a unit size of 800 square feet or the subdivision of an existing a parcel with lot sizes of no less than 1,200 square feet; and WHEREAS, the City of Saratoga’s significant natural resources and orderly residential development are a valuable public resource. The reasonably regulated and orderly development of residential construction and subdivision projects as permitted by SB9 is desirable, and unregulated or disorderly development represents a potential impact to the health, welfare and safety of the community; and WHEREAS, SB9 specifically authorizes local agencies to impose objective zoning, subdivision, and design standards consistent with the bill’s provisions, and to adopt an ordinance to implement its provisions. SB9 further provides that such ordinances are not considered a “project” under the California Environmental Quality Act (CEQA). NOW, THEREFORE, BE IT ORDAINED: SECTION 1. Notwithstanding the City of Saratoga Subdivision and Zoning Regulations contained in Chapter 14 and Chapter 15, respectively, of the Saratoga Municipal Code (“City Code”), the Community Development Director shall ministerially review an application for a Two Unit Residential Development or a parcel map for an Urban Lot Split in accordance with the requirements of this ordinance. . A.Purpose. The purpose of this ordinance is to regulate Two-Unit Residential Development and Urban Lot Splits in compliance with California Government Code Sections 66452.6, 65852.21, and 66411.7 to allow up to two detached or attached housing units on one parcel, and ancillary uses and structures. An application for a Two-Unit Residential Development shall be considered ministerially, without discretionary review or a hearing. B.Applicability. A Two-Unit Residential Development or Urban Lot Split may be located on parcels within all Single-Family Residential Zoning Districts with the following Attachment A 212 2 exceptions: 1. Any parcel where the Two-Unit Residential Development or Urban Lot Split would require demolition or alteration of any of the following housing types: a. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income. b. Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power. c. Housing that has been occupied by a tenant within the last three years. d, As to Urban Lot Splits only, a building on a parcel or parcels on which an owner of residential real property has exercised the owner’s rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application. 2. As to Two-Unit Residential Developments only parcel in which an owner of residential real property has exercised the owner’s rights under Government Code Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 year before the date that the development proponent submits an application. 3. The development is not located within a historic district or property included on the State’s Historic Resources Inventory, as defined in Public Resources Code Section 5020.1, or within a site that is designated or listed as a city or county landmark or historic property or districts pursuant to a city or county ordinance. 4. A parcel that satisfies the requirements specified in subparagraphs (B) to (K), inclusive, of Government Code Section 65913.4(a)(6). Without limiting the foregoing, the most applicable of those requirements to the City of Saratoga are the following: a. A Two-Unit Residential Development or Urban Lot Split may not be located on any parcel within a very high fire hazard severity zone, as determined the Department of Forestry and Fire Protection pursuant to Government Code Section 51178, or within a high or very high fire hazard severity zone as indicated on the maps adopted by the Department of Forestry and Fire Protection pursuant to Public Resources Code Section 4202. This subsection does not apply to parcels that have been excluded from specific hazard zones by actions of the City pursuant to Government Code Section 51179(b), or parcels that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development. b. A Two-Unit Residential Development or Urban Lot Split may not be located on any parcel located within a delineated earthquake fault zone as determined by the State Geologist in any official map published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by the City of Saratoga Building Department 213 3 under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2 of the Government Code. 5. A proposed Two-Unit Residential Development that allows the demolition of more than 25 percent of the existing exterior structural walls, unless the Two-Unit Residential Development is on a site that has not been occupied by a tenant in the last three years. C. Development Standards. Development pursuant to this ordinance. shall comply with the following development standards and all applicable objective standards of the City Code, except as otherwise expressly provided for in this section. 1. Number and size of units. The application of objective standards of the City Code shall not physically preclude construction of up to two units on a lot, with each unit being at least 800 square feet in floor area. 2. Accessory Dwelling Units. In addition to the two residential units allowed under this section, per City Code Section 15-56.020, one accessory dwelling unit and one junior accessory dwelling unit shall be allowed on any one lot, except as provided in Section 1.D.2 of this ordinance. 3. Maximum Height. No dwelling unit shall exceed one story and eighteen feet in height. Dwelling units shall not exceed a height of sixteen feet when located within either the required side or rear setback area as set by the underlying zoning district 4. Side and Rear Setbacks. No dwelling unit shall have an interior side or rear setback of less than four feet. Notwithstanding, no setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure. 5. Accessory Uses and Structures. All accessory uses and structures shall comply with the development regulations contained in Chapter 15 of the City Code. 7. Decks. Roof decks are not permitted. 8. Off-Street Parking. One off-street parking space within an enclosed garage shall be required per unit, with the exception that no off-street parking shall be required if any of the following apply: a. The parcel is located within one-half mile walking distances or either a high-quality transit corridor, as defined in Public Resources Code Section 21155(b) of the , or a major transit stop, as defined in Public Resources Code Section 21064.3. b. There is a designated parking area for one or more car share vehicles within one block of the parcel. 9. Rental. No dwelling unit shall be rented for a period of less than 30 days. 10. Septic System. For any Two-Unit Residential Development that will be connected to an onsite septic system, a percolation test showing compliance with applicable public health and safety standards and completed within the last five years, or, if the percolation test has been recertified, within the last ten years. 11. Adjacent or Connected Units. Proposed adjacent or connected dwelling units shall 214 4 be permitted if they meet building code safety standards and are designed sufficient to allow separate conveyance. An existing accessory unit that is separated from its primary unit by an Urban Lot Split shall meet all building code and other applicable requirements. 12. Lot Coverage. If application of development standards pursuant to this ordinance would preclude construction of dwellings with a combined floor area equal to the floor area allowed for a dwelling by the underlying zoning district by City Code section 15- 12.085, then the Two-Unit Residential Development may exceed the maximum site coverage allowed for the underlying zoning district in City Code section 15-12.080. Such exceedance shall be limited to the minimum site coverage required to construct dwellings with the allowed floor area. For purposes of this paragraph the “site” for the purpose of calculating site coverage shall be the lot on which the Two-Unit Residential Development is to be constructed or as depicted in a site plan, including one of the lots resulting from an Urban Lot Split. 13. Dedications. As to an Urban Lot Split, no provision of the City Code shall apply that requires dedication of right-of-way or the construction of offsite improvements for the lots being created, although easements may be required for the provision of public services and facilities to the resulting lots. 14. Adverse Impacts. An application under this ordinance may be denied if the Chief Building Official makes a written finding, based upon a preponderance of evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in Government Code Section 65589.5(d)(2), upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. D. Urban Lot Splits. A parcel map for an Urban Lot Split shall be allowed subject to ministerial review if the parcel map for the lot split meets all of the requirements in this section. 1. Parcel Map. A parcel map for an Urban Lot Split shall be allowed with ministerial approval if the parcel map for the lot split meets all of the following requirements: a. The parcel is located within a Single-Family Residential Zoning District. b. The parcel map subdivides an existing parcel to create no more than two new parcels of approximately equal lot area provided that one parcel shall not be smaller than 40 percent of the lot area of the original parcel proposed for subdivision. c. Both newly created lots are no smaller than 1,200 square feet. d. Each lot resulting from the Urban Lot Split shall adjoin the public right-of-way or have access to the public right-of-way via a recorded access easement benefiting the lot; if necessary to allow one lot resulting from an Urban Lot Split to meet this requirement, the other lot shall provide such an access agreement. e. The subdivision shall not result in a new lot with a width that is less than 50 percent of the width of the original parcel. For purposes of this ordinance “width” means the distance of the longest possible straight line between the side property lines and parallel to the fronting street. 215 5 f. The parcel has not been established through prior exercise of an Urban Lot Split as provided for in this ordinance and Government Code section 66411.7. g. The parcel is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Public Resources Code Section 5020.1, or within a site that is designated or listed as a city or county landmark or historic property or districts pursuant to a city or county ordinance. h. Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel using an Urban Lot Split. i. The Urban Lot Split conforms to all applicable objective requirements of the Subdivision Map Act [Division 2 (commencing with Government Code Section 664100)] and the City Code, except as otherwise expressly provided for in this section. j. The landowner provides all easements required for the provision of public services and facilities to the resulting lots. 2. Number of Units. No more than two dwelling units shall be allowed on any parcel created by the use of an Urban Lot Split. For purposes of this provision, “unit” means any dwelling unit, including, but not limited to, a unit or units created pursuant to Government Code Section 65852.21, a primary dwelling, an accessory dwelling unit as defined in Government Code Section 65852.2, or a junior accessory dwelling unit as defined in Government Code Section 65852.22. 3. Development Standards. Residential uses are the only allowed uses of a lot created by an Urban Lot Split. Development standards for residential development on each new lot resulting from an Urban Lot Split shall conform to Section1 1.C of this ordinance. Development standards shall be applied to each new building individually. 4. Accessory Dwelling Units. Notwithstanding Government Code Section 65852.2 or 65852.22, Accessory Dwelling Units and Junior Accessory Dwelling Units shall not be permitted on any lot resulting from an Urban Lot Split on which a Two-Unit Residential Development has been approved under this ordinance. 5. Nonconforming Zoning Conditions. Correction of nonconforming zoning conditions shall not be required as a condition for ministerial approval of a parcel map application for the creation of an Urban Lot Split. 6. Residency Requirement. An applicant for an Urban Lot Split shall sign an affidavit stating that the applicant intends to occupy one of the housing units on the resulting lots as their principal residence for a minimum of three years from the date of the approval of the Urban Lot Split. This requirement shall not apply to an applicant that is a “community land trust,” as defined in Revenue and Taxation Code Section 402.1(a)(11)(C)(ii) , or is a “qualified nonprofit corporation” as described in Revenue and Taxation Code Section 214.15. E. Definitions. Terms used in this ordinance have the meanings set forth below: 1. A person “acting in concert with the owner,” means a person that has common ownership or control of the subject parcel with the owner of the adjacent parcel, a 216 6 person acting on behalf of, acting for the predominant benefit of, acting on the instructions of, or actively cooperating with, the owner of the parcel being subdivided. As used here, “Common ownership or control” means property owned or controlled by the same person, persons, or entity, or by separate entities in which any shareholder, partner, member, or family member of an investor of the entity owns ten percent or more of the interest in the property. 2. “Adjacent parcel” means any parcel of land that is (1) touching the parcel at any point; (2) separated from the parcel at any point only by a public right-of-way, private street or way, or public or private utility, service, or access easement; or (3) separated from another parcel only by other real property which is in common ownership or control of the applicant 3. “Car share vehicle” means a motor vehicle that is operated as part of a regional fleet by a public or private car sharing company or organization and provides hourly or daily service. 4. “Sufficient for separate conveyance,” means that each attached or adjacent dwelling unit is constructed in a manner adequate to allow for the separate sale of each unit in a common interest development as defined in Civil Code Section 1351 (including a residential condominium, planned development, stock cooperative, or community apartment project), or into any other ownership type in which the dwelling units may be sold individually. 5. “Single-Family Residential Zoning District” means the R-1, HR, and R-OS zoning districts as defined in Chapter 15 of the City Code, as well as any area covered by the P-C (Planned Combined District) for which single-family residences are the only dwelling units allowed, and which does not allow two-family residences or multifamily residences. 6. “Urban Lot Split” means a subdivision of an existing parcel into no more than two separate parcels that meets all the criteria and standards set forth in this ordinance. 7. “Two-Unit Residential Development” means a development that proposes no more than two new dwelling units or proposes to add one new dwelling unit to one existing dwelling unit that meets all the criteria and standards set forth in this ordinance. SECTION 2. Government Code Section 36937(a) authorizes the adoption of an urgency ordinance to protect the public peace, health or safety, where there is a declaration of the facts constituting the urgency and the ordinance is adopted by four-fifths of the City Council. SECTION 3. The City Council hereby finds, determines and declares that this urgency ordinance adopted pursuant to California Government Code Section 36937 is necessary because there is a current and immediate threat to the public health, safety and/or welfare and a need for immediate preservation of the public peace, health, or safety that warrants this urgency measure, which finding is based upon the facts stated in the recitals above, all of which are deemed true and correct, as well any oral and written testimony at the December 15, 2021 City Council meeting. SECTION 4. The City Council of the City of Saratoga held a duly noticed public meeting on December 15, 2021, and after considering all testimony and written materials provided in connection with that meeting adopted this ordinance and waived the reading thereof. 217 7 SECTION 5. This urgency ordinance shall take effect immediately upon adoption in accordance with the provisions set forth in Government Code Section 36937. SECTION 6. A summary of this ordinance shall be published in a newspaper of general circulation of the City of Saratoga within fifteen days after its adoption. SECTION 7. Should any provision of this ordinance, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall have no effect on any other provision of this ordinance or the application of this ordinance to any other person or circumstance and, to that end, the provisions hereof are severable. Following a duly noticed public meeting the foregoing urgency ordinance was introduced and adopted at the regular meeting of the City Council of the City of Saratoga held on December 15, 2021. COUNCIL MEMBERS: AYES: NOES: ABSENT: ABSTAIN: SIGNED: _______________________ Tina Walia, MAYOR, CITY OF SARATOGA, CALIFORNIA ATTEST: DATE: Britt Avrit CITY CLERK APPROVED AS TO FORM: DATE: Richard Taylor, CITY ATTORNEY 218 Senate Bill No. 9 CHAPTER 162 An act to amend Section 66452.6 of, and to add Sections 65852.21 and 66411.7 to, the Government Code, relating to land use. [Approved by Governor September 16, 2021. Filed with Secretary of State September 16, 2021.] legislative counsel’s digest SB 9, Atkins. Housing development: approvals. The Planning and Zoning Law provides for the creation of accessory dwelling units by local ordinance, or, if a local agency has not adopted an ordinance, by ministerial approval, in accordance with specified standards and conditions. This bill, among other things, would require a proposed housing development containing no more than 2 residential units within a single-family residential zone to be considered ministerially, without discretionary review or hearing, if the proposed housing development meets certain requirements, including, but not limited to, that the proposed housing development would not require demolition or alteration of housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income, that the proposed housing development does not allow for the demolition of more than 25% of the existing exterior structural walls, except as provided, and that the development is not located within a historic district, is not included on the State Historic Resources Inventory, or is not within a site that is legally designated or listed as a city or county landmark or historic property or district. The bill would set forth what a local agency can and cannot require in approving the construction of 2 residential units, including, but not limited to, authorizing a local agency to impose objective zoning standards, objective subdivision standards, and objective design standards, as defined, unless those standards would have the effect of physically precluding the construction of up to 2 units or physically precluding either of the 2 units from being at least 800 square feet in floor area, prohibiting the imposition of setback requirements under certain circumstances, and setting maximum setback requirements under all other circumstances. The Subdivision Map Act vests the authority to regulate and control the design and improvement of subdivisions in the legislative body of a local agency and sets forth procedures governing the local agency’s processing, approval, conditional approval or disapproval, and filing of tentative, final, and parcel maps, and the modification of those maps. Under the Subdivision Map Act, an approved or conditionally approved tentative map expires 24 94 STATE OF CALIFORNIA AUTHENTICATED ELECTRONIC LEGAL MATERIAL Attachment B 219 months after its approval or conditional approval or after any additional period of time as prescribed by local ordinance, not to exceed an additional 12 months, except as provided. This bill, among other things, would require a local agency to ministerially approve a parcel map for an urban lot split that meets certain requirements, including, but not limited to, that the urban lot split would not require the demolition or alteration of housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income, that the parcel is located within a single-family residential zone, and that the parcel is not located within a historic district, is not included on the State Historic Resources Inventory, or is not within a site that is legally designated or listed as a city or county landmark or historic property or district. The bill would set forth what a local agency can and cannot require in approving an urban lot split, including, but not limited to, authorizing a local agency to impose objective zoning standards, objective subdivision standards, and objective design standards, as defined, unless those standards would have the effect of physically precluding the construction of 2 units, as defined, on either of the resulting parcels or physically precluding either of the 2 units from being at least 800 square feet in floor area, prohibiting the imposition of setback requirements under certain circumstances, and setting maximum setback requirements under all other circumstances. The bill would require an applicant to sign an affidavit stating that they intend to occupy one of the housing units as their principal residence for a minimum of 3 years from the date of the approval of the urban lot split, unless the applicant is a community land trust or a qualified nonprofit corporation, as specified. The bill would prohibit a local agency from imposing any additional owner occupancy standards on applicants. By requiring applicants to sign affidavits, thereby expanding the crime of perjury, the bill would impose a state-mandated local program. The bill would also extend the limit on the additional period that may be provided by ordinance, as described above, from 12 months to 24 months and would make other conforming or nonsubstantive changes. The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment. CEQA does not apply to the approval of ministerial projects. This bill, by establishing the ministerial review processes described above, would thereby exempt the approval of projects subject to those processes from CEQA. The California Coastal Act of 1976 provides for the planning and regulation of development, under a coastal development permit process, within the coastal zone, as defined, that shall be based on various coastal resources planning and management policies set forth in the act. 94 —2 — Ch. 162 220 This bill would exempt a local agency from being required to hold public hearings for coastal development permit applications for housing developments and urban lot splits pursuant to the above provisions. By increasing the duties of local agencies with respect to land use regulations, the bill would impose a state-mandated local program. The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for specified reasons. The people of the State of California do enact as follows: SECTION 1. Section 65852.21 is added to the Government Code, to read: 65852.21. (a) A proposed housing development containing no more than two residential units within a single-family residential zone shall be considered ministerially, without discretionary review or a hearing, if the proposed housing development meets all of the following requirements: (1) The parcel subject to the proposed housing development is located within a city, the boundaries of which include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or, for unincorporated areas, a legal parcel wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau. (2) The parcel satisfies the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4. (3) Notwithstanding any provision of this section or any local law, the proposed housing development would not require demolition or alteration of any of the following types of housing: (A) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income. (B) Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power. (C) Housing that has been occupied by a tenant in the last three years. (4) The parcel subject to the proposed housing development is not a parcel on which an owner of residential real property has exercised the owner’s rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application. 94 Ch. 162—3 — 221 (5) The proposed housing development does not allow the demolition of more than 25 percent of the existing exterior structural walls, unless the housing development meets at least one of the following conditions: (A) If a local ordinance so allows. (B) The site has not been occupied by a tenant in the last three years. (6) The development is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance. (b) (1) Notwithstanding any local law and except as provided in paragraph (2), a local agency may impose objective zoning standards, objective subdivision standards, and objective design review standards that do not conflict with this section. (2) (A) The local agency shall not impose objective zoning standards, objective subdivision standards, and objective design standards that would have the effect of physically precluding the construction of up to two units or that would physically preclude either of the two units from being at least 800 square feet in floor area. (B) (i) Notwithstanding subparagraph (A), no setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure. (ii) Notwithstanding subparagraph (A), in all other circumstances not described in clause (i), a local agency may require a setback of up to four feet from the side and rear lot lines. (c) In addition to any conditions established in accordance with subdivision (b), a local agency may require any of the following conditions when considering an application for two residential units as provided for in this section: (1) Off-street parking of up to one space per unit, except that a local agency shall not impose parking requirements in either of the following instances: (A) The parcel is located within one-half mile walking distance of either a high-quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code. (B) There is a car share vehicle located within one block of the parcel. (2) For residential units connected to an onsite wastewater treatment system, a percolation test completed within the last 5 years, or, if the percolation test has been recertified, within the last 10 years. (d) Notwithstanding subdivision (a), a local agency may deny a proposed housing development project if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or the physical environment and for which there is 94 —4 — Ch. 162 222 no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. (e) A local agency shall require that a rental of any unit created pursuant to this section be for a term longer than 30 days. (f) Notwithstanding Section 65852.2 or 65852.22, a local agency shall not be required to permit an accessory dwelling unit or a junior accessory dwelling unit on parcels that use both the authority contained within this section and the authority contained in Section 66411.7. (g) Notwithstanding subparagraph (B) of paragraph (2) of subdivision (b), an application shall not be rejected solely because it proposes adjacent or connected structures provided that the structures meet building code safety standards and are sufficient to allow separate conveyance. (h) Local agencies shall include units constructed pursuant to this section in the annual housing element report as required by subparagraph (I) of paragraph (2) of subdivision (a) of Section 65400. (i) For purposes of this section, all of the following apply: (1) A housing development contains two residential units if the development proposes no more than two new units or if it proposes to add one new unit to one existing unit. (2) The terms “objective zoning standards,” “objective subdivision standards,” and “objective design review standards” mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. These standards may be embodied in alternative objective land use specifications adopted by a local agency, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances. (3) “Local agency” means a city, county, or city and county, whether general law or chartered. (j) A local agency may adopt an ordinance to implement the provisions of this section. An ordinance adopted to implement this section shall not be considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code. (k) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local agency shall not be required to hold public hearings for coastal development permit applications for a housing development pursuant to this section. SEC. 2. Section 66411.7 is added to the Government Code, to read: 66411.7. (a) Notwithstanding any other provision of this division and any local law, a local agency shall ministerially approve, as set forth in this section, a parcel map for an urban lot split only if the local agency determines that the parcel map for the urban lot split meets all the following requirements: 94 Ch. 162—5 — 223 (1) The parcel map subdivides an existing parcel to create no more than two new parcels of approximately equal lot area provided that one parcel shall not be smaller than 40 percent of the lot area of the original parcel proposed for subdivision. (2) (A) Except as provided in subparagraph (B), both newly created parcels are no smaller than 1,200 square feet. (B) A local agency may by ordinance adopt a smaller minimum lot size subject to ministerial approval under this subdivision. (3) The parcel being subdivided meets all the following requirements: (A) The parcel is located within a single-family residential zone. (B) The parcel subject to the proposed urban lot split is located within a city, the boundaries of which include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or, for unincorporated areas, a legal parcel wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau. (C) The parcel satisfies the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4. (D) The proposed urban lot split would not require demolition or alteration of any of the following types of housing: (i) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income. (ii) Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power. (iii) A parcel or parcels on which an owner of residential real property has exercised the owner’s rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application. (iv) Housing that has been occupied by a tenant in the last three years. (E) The parcel is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance. (F) The parcel has not been established through prior exercise of an urban lot split as provided for in this section. (G) Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel using an urban lot split as provided for in this section. (b) An application for a parcel map for an urban lot split shall be approved in accordance with the following requirements: (1) A local agency shall approve or deny an application for a parcel map for an urban lot split ministerially without discretionary review. (2) A local agency shall approve an urban lot split only if it conforms to all applicable objective requirements of the Subdivision Map Act (Division 94 —6 — Ch. 162 224 2 (commencing with Section 66410)), except as otherwise expressly provided in this section. (3) Notwithstanding Section 66411.1, a local agency shall not impose regulations that require dedications of rights-of-way or the construction of offsite improvements for the parcels being created as a condition of issuing a parcel map for an urban lot split pursuant to this section. (c) (1) Except as provided in paragraph (2), notwithstanding any local law, a local agency may impose objective zoning standards, objective subdivision standards, and objective design review standards applicable to a parcel created by an urban lot split that do not conflict with this section. (2) A local agency shall not impose objective zoning standards, objective subdivision standards, and objective design review standards that would have the effect of physically precluding the construction of two units on either of the resulting parcels or that would result in a unit size of less than 800 square feet. (3) (A) Notwithstanding paragraph (2), no setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure. (B) Notwithstanding paragraph (2), in all other circumstances not described in subparagraph (A), a local agency may require a setback of up to four feet from the side and rear lot lines. (d) Notwithstanding subdivision (a), a local agency may deny an urban lot split if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. (e) In addition to any conditions established in accordance with this section, a local agency may require any of the following conditions when considering an application for a parcel map for an urban lot split: (1) Easements required for the provision of public services and facilities. (2) A requirement that the parcels have access to, provide access to, or adjoin the public right-of-way. (3) Off-street parking of up to one space per unit, except that a local agency shall not impose parking requirements in either of the following instances: (A) The parcel is located within one-half mile walking distance of either a high-quality transit corridor as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop as defined in Section 21064.3 of the Public Resources Code. (B) There is a car share vehicle located within one block of the parcel. (f) A local agency shall require that the uses allowed on a lot created by this section be limited to residential uses. (g) (1) A local agency shall require an applicant for an urban lot split to sign an affidavit stating that the applicant intends to occupy one of the 94 Ch. 162—7 — 225 housing units as their principal residence for a minimum of three years from the date of the approval of the urban lot split. (2) This subdivision shall not apply to an applicant that is a “community land trust,” as defined in clause (ii) of subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code, or is a “qualified nonprofit corporation” as described in Section 214.15 of the Revenue and Taxation Code. (3) A local agency shall not impose additional owner occupancy standards, other than provided for in this subdivision, on an urban lot split pursuant to this section. (h) A local agency shall require that a rental of any unit created pursuant to this section be for a term longer than 30 days. (i) A local agency shall not require, as a condition for ministerial approval of a parcel map application for the creation of an urban lot split, the correction of nonconforming zoning conditions. (j) (1) Notwithstanding any provision of Section 65852.2, 65852.21, 65852.22, 65915, or this section, a local agency shall not be required to permit more than two units on a parcel created through the exercise of the authority contained within this section. (2) For the purposes of this section, “unit” means any dwelling unit, including, but not limited to, a unit or units created pursuant to Section 65852.21, a primary dwelling, an accessory dwelling unit as defined in Section 65852.2, or a junior accessory dwelling unit as defined in Section 65852.22. (k) Notwithstanding paragraph (3) of subdivision (c), an application shall not be rejected solely because it proposes adjacent or connected structures provided that the structures meet building code safety standards and are sufficient to allow separate conveyance. (l) Local agencies shall include the number of applications for parcel maps for urban lot splits pursuant to this section in the annual housing element report as required by subparagraph (I) of paragraph (2) of subdivision (a) of Section 65400. (m) For purposes of this section, both of the following shall apply: (1) “Objective zoning standards,” “objective subdivision standards,” and “objective design review standards” mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. These standards may be embodied in alternative objective land use specifications adopted by a local agency, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances. (2) “Local agency” means a city, county, or city and county, whether general law or chartered. (n) A local agency may adopt an ordinance to implement the provisions of this section. An ordinance adopted to implement this section shall not be 94 —8 — Ch. 162 226 considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code. (o) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local agency shall not be required to hold public hearings for coastal development permit applications for urban lot splits pursuant to this section. SEC. 3. Section 66452.6 of the Government Code is amended to read: 66452.6. (a) (1) An approved or conditionally approved tentative map shall expire 24 months after its approval or conditional approval, or after any additional period of time as may be prescribed by local ordinance, not to exceed an additional 24 months. However, if the subdivider is required to expend two hundred thirty-six thousand seven hundred ninety dollars ($236,790) or more to construct, improve, or finance the construction or improvement of public improvements outside the property boundaries of the tentative map, excluding improvements of public rights-of-way that abut the boundary of the property to be subdivided and that are reasonably related to the development of that property, each filing of a final map authorized by Section 66456.1 shall extend the expiration of the approved or conditionally approved tentative map by 48 months from the date of its expiration, as provided in this section, or the date of the previously filed final map, whichever is later. The extensions shall not extend the tentative map more than 10 years from its approval or conditional approval. However, a tentative map on property subject to a development agreement authorized by Article 2.5 (commencing with Section 65864) of Chapter 4 of Division 1 may be extended for the period of time provided for in the agreement, but not beyond the duration of the agreement. The number of phased final maps that may be filed shall be determined by the advisory agency at the time of the approval or conditional approval of the tentative map. (2) Commencing January 1, 2012, and each calendar year thereafter, the amount of two hundred thirty-six thousand seven hundred ninety dollars ($236,790) shall be annually increased by operation of law according to the adjustment for inflation set forth in the statewide cost index for class B construction, as determined by the State Allocation Board at its January meeting. The effective date of each annual adjustment shall be March 1. The adjusted amount shall apply to tentative and vesting tentative maps whose applications were received after the effective date of the adjustment. (3) “Public improvements,” as used in this subdivision, include traffic controls, streets, roads, highways, freeways, bridges, overcrossings, street interchanges, flood control or storm drain facilities, sewer facilities, water facilities, and lighting facilities. (b) (1) The period of time specified in subdivision (a), including any extension thereof granted pursuant to subdivision (e), shall not include any period of time during which a development moratorium, imposed after approval of the tentative map, is in existence. However, the length of the moratorium shall not exceed five years. 94 Ch. 162—9 — 227 (2) The length of time specified in paragraph (1) shall be extended for up to three years, but in no event beyond January 1, 1992, during the pendency of any lawsuit in which the subdivider asserts, and the local agency that approved or conditionally approved the tentative map denies, the existence or application of a development moratorium to the tentative map. (3) Once a development moratorium is terminated, the map shall be valid for the same period of time as was left to run on the map at the time that the moratorium was imposed. However, if the remaining time is less than 120 days, the map shall be valid for 120 days following the termination of the moratorium. (c) The period of time specified in subdivision (a), including any extension thereof granted pursuant to subdivision (e), shall not include the period of time during which a lawsuit involving the approval or conditional approval of the tentative map is or was pending in a court of competent jurisdiction, if the stay of the time period is approved by the local agency pursuant to this section. After service of the initial petition or complaint in the lawsuit upon the local agency, the subdivider may apply to the local agency for a stay pursuant to the local agency’s adopted procedures. Within 40 days after receiving the application, the local agency shall either stay the time period for up to five years or deny the requested stay.The local agency may, by ordinance, establish procedures for reviewing the requests, including, but not limited to, notice and hearing requirements, appeal procedures, and other administrative requirements. (d) The expiration of the approved or conditionally approved tentative map shall terminate all proceedings and no final map or parcel map of all or any portion of the real property included within the tentative map shall be filed with the legislative body without first processing a new tentative map. Once a timely filing is made, subsequent actions of the local agency, including, but not limited to, processing, approving, and recording, may lawfully occur after the date of expiration of the tentative map. Delivery to the county surveyor or city engineer shall be deemed a timely filing for purposes of this section. (e) Upon application of the subdivider filed before the expiration of the approved or conditionally approved tentative map, the time at which the map expires pursuant to subdivision (a) may be extended by the legislative body or by an advisory agency authorized to approve or conditionally approve tentative maps for a period or periods not exceeding a total of six years. The period of extension specified in this subdivision shall be in addition to the period of time provided by subdivision (a). Before the expiration of an approved or conditionally approved tentative map, upon an application by the subdivider to extend that map, the map shall automatically be extended for 60 days or until the application for the extension is approved, conditionally approved, or denied, whichever occurs first. If the advisory agency denies a subdivider’s application for an extension, the subdivider may appeal to the legislative body within 15 days after the advisory agency has denied the extension. 94 —10 — Ch. 162 228 (f) For purposes of this section, a development moratorium includes a water or sewer moratorium, or a water and sewer moratorium, as well as other actions of public agencies that regulate land use, development, or the provision of services to the land, including the public agency with the authority to approve or conditionally approve the tentative map, which thereafter prevents, prohibits, or delays the approval of a final or parcel map.A development moratorium shall also be deemed to exist for purposes of this section for any period of time during which a condition imposed by the city or county could not be satisfied because of either of the following: (1) The condition was one that, by its nature, necessitated action by the city or county, and the city or county either did not take the necessary action or by its own action or inaction was prevented or delayed in taking the necessary action before expiration of the tentative map. (2) The condition necessitates acquisition of real property or any interest in real property from a public agency, other than the city or county that approved or conditionally approved the tentative map, and that other public agency fails or refuses to convey the property interest necessary to satisfy the condition. However, nothing in this subdivision shall be construed to require any public agency to convey any interest in real property owned by it. A development moratorium specified in this paragraph shall be deemed to have been imposed either on the date of approval or conditional approval of the tentative map, if evidence was included in the public record that the public agency that owns or controls the real property or any interest therein may refuse to convey that property or interest, or on the date that the public agency that owns or controls the real property or any interest therein receives an offer by the subdivider to purchase that property or interest for fair market value, whichever is later. A development moratorium specified in this paragraph shall extend the tentative map up to the maximum period as set forth in subdivision (b), but not later than January 1, 1992, so long as the public agency that owns or controls the real property or any interest therein fails or refuses to convey the necessary property interest, regardless of the reason for the failure or refusal, except that the development moratorium shall be deemed to terminate 60 days after the public agency has officially made, and communicated to the subdivider, a written offer or commitment binding on the agency to convey the necessary property interest for a fair market value, paid in a reasonable time and manner. SEC. 4. The Legislature finds and declares that ensuring access to affordable housing is a matter of statewide concern and not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Sections 1 and 2 of this act adding Sections 65852.21 and 66411.7 to the Government Code and Section 3 of this act amending Section 66452.6 of the Government Code apply to all cities, including charter cities. SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act or 94 Ch. 162—11 — 229 because costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. O 94 —12 — Ch. 162 230 CITY OF SARATOGA Memorandum To: Mayor Walia & Members of the Saratoga City Council From: Britt Avrit, MMC, City Clerk Meeting Date: December 15, 2021 Subject: Written Communications, Item 2.2 Following publication of the agenda packet for the December 15, 2021 City Council Meeting, written communications were submitted for Item 2.2. The communications are attached to this memo. 231 From:noreply@civicplus.com To:Mary-Lynne Bernald; Yan Zhao; Rishi Kumar; Tina Walia; Kookie Fitzsimmons; James Lindsay; Britt Avrit; Crystal Bothelio Subject:Online Form Submittal: Council Comments Form Date:Tuesday, December 14, 2021 5:37:50 PM CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Council Comments Form Your Name Tom Huynh Phone Number Email Address Subject Item 2.2 - Urgency Ordinance to Implement Senate Bill 9 - Ministerial Approval for Tear Down/Build New Projects Comments Dear City Councils: I am wondering, with our city adoption of of SB9 via the Urgency Ordinance, how the ministerial approval for tear down/build new projects will work without the involvement of the Planning Commission. Can you please advise? Thank you, Tom Email Subscription Subscribe Email not displaying correctly? View it in your browser. 232 From:noreply@civicplus.com To:Mary-Lynne Bernald; Yan Zhao; Rishi Kumar; Tina Walia; Kookie Fitzsimmons; James Lindsay; Britt Avrit; Crystal Bothelio Subject:Online Form Submittal: Council Comments Form Date:Tuesday, December 14, 2021 5:47:09 PM CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Council Comments Form Your Name Tom Huynh Phone Number Email Address Subject December 15, 2021 - City Council Meeting Agenda Item 2.2: Ministerial Approval for Tear Down/Build New 2-Story Home Projects Comments Dear City Councils: I am wondering, with our city adoption of the Urgency Ordinance of SB9, how the ministerial approval for tear down/build new 2- story home projects will work without the involvement of the Planning Commission hearing. Can you please advise? Thank you, Tom Email Subscription Subscribe Email not displaying correctly? View it in your browser. 233 SARATOGA CITY COUNCIL MEETING DATE: December 15, 2021 DEPARTMENT: City Manager’s Department PREPARED BY: Crystal Bothelio, Assistant City Manager SUBJECT: Ordinance Amending City Code Section 4-90.020 to Ban Sale of Menthol Tobacco Products RECOMMENDED ACTION: Conduct the public hearing, introduce and waive the first reading of the att ached ordinance amending City Code Section 4-90.020 (Tobacco Retailer Definitions) to extend current prohibitions of the sale of flavored tobacco products to include menthol products, and direct staff to place the ordinance on the Consent Calendar of the next regular meeting of the City Council for adoption. BACKGROUND: At the November 17, 2021 meeting, the City Council directed staff to prepare an ordinance that would expand the current restrictions on the sale of flavored tobacco in Saratoga to include menthol tobacco products. If the attached ordinance is adopted, it would prohibit sale of all flavored tobacco products effective May 1, 2022. According to the American Lung Association, menthol reduces the harshness of tobacco product use, is used in tobacco products to make tobacco more appealing to new users, and flavoring, including menthol, is one of the main reasons that children start using tobacco products. Per City Code Section 4-90, all businesses in Saratoga that sell tobacco products or paraphernalia are required to obtain a tobacco retailer license. There are 5 authorized tobacco retailers in the City and they have been notified of the public hearing to consider the ordinance to prohibit the sale of menthol products. Retailer Location Fuel Stop/Tobacco 12015 Saratoga Sunnyvale Road Safeway 12876 Saratoga-Sunnyvale Road Stop N Save 12304 Saratoga-Sunnyvale Road Vikhar/Tobacco 14395 Big Basin Way AKS Corp/Saratoga Gas 12600 Saratoga Avenue ATTACHMENTS: Attachment A – Ordinance Amending City Code Section 4-90.020 (Tobacco Retailer Definitions) 234 ORDINANCE NO. _____ ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING CITY CODE SECTION 4-90.020 (TOBACCO RETAILER LICENSE DEFINITIONS) The City Council of the City of Saratoga finds that: 1. The City of Saratoga wishes to amend the provisions of the City Code concerning the definition of flavored tobacco in Tobacco Retailer License regulations to prohibit sale of all flavored tobacco products, including menthol. 2. The City of Saratoga seeks to further protect minors and underage individuals from tobacco by prohibiting the sale of all flavored tobacco products as these products appeal to youth and make tobacco products more palatable, serving as a gateway to lifelong tobacco addiction. 3. The City Council of the City of Saratoga held a duly noticed public hearing on December 15, 2021, and after considering all testimony and written materials provided in connection with that hearing introduced this ordinance and waived the reading thereof. Therefore, the City Council of the City of Saratoga hereby ordains as follows: Section 1.Adoption. Effective May 1, 2022, the Saratoga City Code is amended as set forth in Exhibit A. Section 2.Severance Clause. The City Council declares that each section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance is severable and independent of every other section, sub- section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance. If any section, sub-section, paragraph, sub-paragraph, sentence, clause or phrase of this ordinance is held invalid, the City Council declares that it would have adopted the remaining provisions of this ordinance irrespective of the portion held invalid, and further declares its express intent that the remaining portions of this ordinance should remain in effect after the invalid portion has been eliminated. Section 3. California Environmental Quality Act The proposed amendments and additions to the City Code are Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline section 15061(b)(3). CEQA applies only to projects which have the potential of causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. In this circumstance the amendments to the existing City Code and related sections and additions of provisions and reference appendices to the existing Code; the amendments and additions would have a de minimis impact on the environment. 235 Ordinance No. Page 2 Section 4. Publication. A summary of this ordinance shall be published in a newspaper of general circulation of the City of Saratoga within fifteen days after its adoption. Following a duly noticed public hearing the foregoing ordinance was introduced at the regular meeting of the City Council of the City of Saratoga held on the 15 th day of December 2021 and was adopted by the following vote on January 19, 2021. AYES: NOES: ABSENT: ABSTAIN: SIGNED: Tina Walia MAYOR, CITY OF SARATOGA, CALIFORNIA ATTEST: DATE: Britt Avrit, MMC CITY CLERK APPROVED AS TO FORM: _____________________________DATE:________________________ Richard Taylor CITY ATTORNEY 236 Ordinance No. Page 3 Exhibit A – City Code Section 4-90.020 Tobacco Retailer License Definitions Amendments The provisionsof the Saratoga Municipal Code set forth below are amended or adopted as follows: Text added to existing provisions is shown in bold double-underlined text (example) and text to be deleted in shown in strikethrough (example). Text in italics is explanatory and is not an amendment to the Code except in cases where it directs renumbering of subsections not otherwise amended. Where a section being amended includes subsections that are not shown those subsections are unchanged by this ordinance. 4-90.020 – Definitions. (b)Flavored tobacco product means any tobacco product that imparts a taste or aroma, other than the taste or aroma of tobacco or menthol, imparted either prior to or during consumption of a tobacco product or any byproduct produced by the tobacco product, including, but not limited to, tastes or aromas relating to mint, wintergreen, fruit, menthol, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, herb, or spice; provided, however, that a tobacco product shall not be determined to be flavored tobacco solely because of the use of additives or flavorings or the provision of ingredient information. End of Amendments 237 CITY OF SARATOGA Memorandum To: Mayor Walia & Members of the Saratoga City Council From: Britt Avrit, MMC, City Clerk Meeting Date: December 15, 2021 Subject: Written Communications, Item 2.3 Following publication of the agenda packet for the December 15, 2021 City Council Meeting, written communications were submitted for Item 2.3. The communications are attached to this memo. 238 From:Jen Grand-Lejano To:Yan Zhao; Tina Walia; Mary-Lynne Bernald; Kookie Fitzsimmons; Rishi Kumar; Crystal Bothelio; Britt Avrit Subject:Support removing menthol exemption Date:Tuesday, December 14, 2021 9:39:42 PM Attachments:ACS-CAN-20th RGB.png Saratoga removing menthol exemption 12-14-21.pdf CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Hello Mayor Walia and Saratoga City Councilmembers, Please see the attached letter in support of removing the menthol flavored tobacco exemption from the current tobacco retail ordinance. The letter includes a link to recommended language from the Public Health Law Center for tobacco retail licensing that represents best practice and is most legally defensible. Jen Grand-Lejano Government Relations Director, CA - Northern California m: ( American Cancer Society Cancer Action Network, Inc. fightcancer.org | 1.800.227.2345 This message (including any attachments) is intended exclusively for the individual to whom it is addressed and may contain proprietary, protected, or confidential information. If you are not the named addressee, you are not authorized to read, print, copy, or disseminate this message or any part of it. If you have received this message in error, please notify the sender immediately. 239 240 From:Vanessa Marvin To:Yan Zhao; Tina Walia; Mary-Lynne Bernald; Kookie Fitzsimmons; Rishi Kumar; Crystal Bothelio; Britt Avrit Cc:CarolIne Baker Subject:Support for Agenda Item 2.3 - Ban Menthol Tobacco Products Date:Tuesday, December 14, 2021 10:10:27 PM Attachments:Tobacco Free Coalition Letter Saratoga Dec 2021.pdf CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Dear Mayor, Vice Mayor and Council members, Attached is a letter from the Tobacco-Free Coalition of Santa Clara County in support of Agenda Item 2.3 on your agenda on December 15, 2021. We support a ban on menthol flavored tobacco products to protect the health of Saratoga residents. Thank you for your leadership. Sincerely, Vanessa & Carol Coalition Co-chairs 241 1775 Story Road, Suite 120 San Jose, CA 95122 Saratoga City Council City Hall 13777 Fruitvale Avenue Saratoga, CA 95070 December 14, 2021 Dear Mayor, Vice Mayor and Council Members, The Tobacco-Free CoaliIon of Santa Clara County, which consists organizaIons and individuals interested in promoIng the health of our ciIzens, is urging you to move forward with an ordinance to prohibit sale of menthol flavored tobacco products (Agenda Item 2.3, December 15, 2021). We greatly appreciate the past leadership your council and city have shown on tobacco control issues. And we are excited to see this leadership conInue further with this decision. Menthol flavor is a concern because it makes cigareVes easier to start and is disproporIonately used to hook African-Americans, LGBTQ individuals and youth. •Among Santa Clara County youth who smoke, 52.6% smoke menthol cigareVes. •Menthol is an anestheIc with a numbing and cooling sensaIon that allows for deeper inhalaIon; the more nicoIne and toxins you take in the more addicted you become; and the more addicted you become, the harder it is to quit. •In 1953, only 5% of African Americans smoked menthol cigareVes. Today, 88% African American adults and 95% of Black youth who smoke are using menthol products. As a result, black people are dying disproporIonately from tobacco related diseases. Other communiIes across our County have already stepped up to protect their residents from these harmful products. Six jurisdicIons in Santa Clara County already restrict the sale of menthol products (County, San Jose, CuperIno, Los Gatos, Palo Alto, and Sunnyvale). For these reasons, we urge you to conInue to move forward with a menthol ban in Saratoga. Thank you again for fighIng for the health of Saratoga residents. Sincerely, Vanessa Marvin, Co-Chair Carol Baker, Co-Chair 242 From:Jaime Rojas Jr To:Britt Avrit Subject:City Council Meeting Public Comment Letter Date:Wednesday, December 15, 2021 11:15:39 AM Attachments:RCG-Logo Vertical.png NATO Letter on Saratoga CA Menthol Ban (December 2021).pdf CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Good Morning City Clerk, Please find attached a letter for public comment on agenda #2.3 for tonight's city council meeting. Should you have any questions, please do not hesitate to contact me. Thank you for your consideration. Jaime Rojas -- National Association of Tobacco Outlets Legislative Consultant 18653 Ventura Blvd., Suite 115 Tarzana, CA 91356 www.RCGcommunications.com 243 National Association of Tobacco Outlets, Inc., 17595 Kenwood Trail, Minneapolis, MN 55044 952-683-9270 www.natocentral.org December 15, 2021 Mayor Tina Walia Members of the Saratoga City Council 13777 Fruitvale Avenue Saratoga, CA 95070 RE: Proposed Menthol Product Ban Dear Mayor Walia and Councilmembers: As the Executive Director of the National Association of Tobacco Outlets (NATO), a national retail trade association that represents more than 60,000 retail stores throughout the country including many Saratoga retail stores, I am writing to submit our comments and concerns regarding the proposal on your December 15, 2021 agenda that would ban the sale of all menthol flavored tobacco products, including menthol cigarettes, smokeless tobacco products, and alternative nicotine products. We would ask that the Saratoga City Council not adopt this ordinance for the reasons explained below. Low and Declining Use Rates of Traditional Tobacco Products Require Caution in Flavor Bans: According to the California Healthy Kids Survey for Santa Clara County, only 6% of county high school students had ever smoked one cigarette and only 2% said they had smoked even one cigarette in the past 30 days; only 2% had ever used smokeless tobacco and 0% had used it in the past 30 days. This empirical data showing very low and declining underage use rates does not support banning all menthol products. FDA Intends to Ban Menthol Cigarettes and Flavored Cigars: The Food and Drug Administration announced in April of this year that it intends to adopt a regulation banning menthol cigarettes and all flavored cigars. The city council should pause and allow the FDA to proceed with its evidence-based rulemaking regulatory process. Recent Studies Find that Banning Flavored Tobacco Products Is Associated with Increased Youth and Young Adult Smoking According to a growing number of studies, banning all flavored tobacco products can result in increasing the number of underage youth and young adults that return to smoking cigarettes. Among them are two funded by the federal government and pertaining to San Francisco’s flavor ban. Study No. 1: University of Memphis School of Public Health, Science Direct-Addictive Behavior Reports (June 2020): The first study, funded by the National Institute of Drug Abuse of the National Institutes of Health, investigated the impact of the San Francisco’s flavored tobacco ban, finding that after the ban was in force for nearly a year, flavored tobacco product use was reduced, but cigarette smoking 244 National Association of Tobacco Outlets, Inc., 17595 Kenwood Trail, Minneapolis, MN 55044 952-683-9270 www.natocentral.org among 18-24-year-olds increased by over 35%. The study also found that most consumers of flavored tobacco find other sources for these products. Link: https://www.sciencedirect.com/science/article/pii/S2352853220300134?via%3Dihub Study No. 2: Yale School of Public Health Study, JAMA Pediatrics (May 2021): A second study, funded by the National Institute of Drug Abuse of the National Institutes of Health and the US Food and Drug Administration Center for Tobacco Products, regarding San Francisco’s flavored tobacco ban ordinance was conducted by the Yale School of Public Health and compared youth smoking rates among high school students in the San Francisco School District to the smoking rates of high school students in seven other metropolitan school districts located in cities that did not have a flavored tobacco ban. According to the study, the smoking rate for San Francisco high school students under the age of 18 increased from 4.7% in 2017 before the adoption of the city’s ordinance to 6.2% in 2019, the year after the ordinance was enacted. This is a 32% increase in underage youth cigarette smoking rates in the San Francisco school district. At the same time, the underage smoking rates in the other metropolitan school districts in cities which did not have a flavored tobacco product sales ban continued to decline and averaged 2.8% as of 2019. Link:https://jamanetwork.com/journals/jamapediatrics/fullarticle/2780248?utm_source=twitter&utm_cam paign=content- shareicons&utm_content=article_engagement&utm_medium=social&utm_term=052421&s=03#.YKwb0 ZyP66Y.twitter Voters Want to Decide Whether Flavor Bans Make Sense: California Senate Bill 793, which would have banned most flavored tobacco products statewide, has been referred to the voters who will vote in November 2022 whether to allow the statewide flavor ban bill to go into effect. Voters want their say on flavor bans. We respectfully suggest that deferring action until the voters have spoken is in the best interests of Saratoga and its retailers. NATO and its Saratoga retail members share everyone’s interest in keeping tobacco products out of the hands of persons under 21 years old but banning menthol products makes no sense from a health standpoint or economic point of view. Why would the City Council want to harm these responsible retailers and chase their menthol product customers to other jurisdictions or to illicit markets? We urge the City Council not to move forward with the proposed ban on menthol flavored tobacco products. Thank you for your consideration. Sincerely, Thomas A. Briant NATO Executive Director 245 SARATOGA CITY COUNCIL MEETING DATE:December 15, 2021 DEPARTMENT:City Manager’s Department PREPARED BY:Kayla Nakamoto, Administrative Analyst SUBJECT:Saratoga Ministerial Association Event for Martin Luther King Jr. Day 2022 Funding Request RECOMMENDED ACTION: Consider the funding request of $2,190 from the Saratoga Ministerial Association to support an event they plan to host in 2022 for Martin Luther King Jr. Day. BACKGROUND: The Saratoga Ministerial Association would like to hold a remembrance for Dr. Martin Luther King Jr.on January 17, 2022 in Blaney Plaza and is requesting funding in the amount of $2,190 to cover costs associated with the event. The attached request letter includes specific event details they envision. There is funding available in the Fiscal Year 2021/22 City Council discretionary fund should the Council decide to provide financial support for the proposed event. ATTACHMENTS: Attachment A –Funding Request Letter 246 To: The City Council of Saratoga From: The Saratoga Ministerial Association Date: December 6, 2021 Re: Dr. Martin Luther King, Jr. Day of Remembrance Dear Council Members, The Saratoga Ministerial Association would like to partner with the City of Saratoga to hold a remembrance for Dr. King on Monday, January 17, 2022. We envision a gathering of 45 minutes to one hour, with reading and reflections on racial reconciliation, a few songs, a call to action, and a closing blessing. Our request is funding to cover the cost of a sound system, three banners, and placement of those banners in the Saratoga Median Strips. Thor Audio Solutions (who has partnered with the City before) estimates the cost of an event in Blaney Plaza that doesn’t require lighting at $2,000. We are planning 3 banners at about $100 each. The reservation fee for each median banner location is $30. The total grant requested then would be $2190. Thank you for your consideration of this event. Respectfully submitted by the Saratoga Ministerial Association 247 SARATOGA CITY COUNCIL MEETING DATE: December 15, 2021 DEPARTMENT: City Manager’s Department PREPARED BY: Crystal Bothelio, Assistant City Manager SUBJECT: Suicide Prevention Policy RECOMMENDED ACTION: Approve the attached resolution establishing a Suicide Prevention Policy. BACKGROUND: At the November 17, 2021 meeting, the City Council directed staff to prepare a suicide prevention policy. Many of the jurisdictions in Santa Clara County have adopted a suicide prevention policy. These policies generally seek to raise awareness of suicide as a public health concern and promote strategies for suicide prevention and intervention. If the City Council were to approve the resolution establishing a Suicide Prevention Policy, it would support strategies recommended by the Santa Clara County Suicide Prevention Strategic Plan by directing staff to: • Conduct outreach and education to City employees to increase understanding of suicide, methods for identifying and preventing loss of life, and available resources • Develop a protocol to govern response to suicide attempts at city facilities • Share information about suicide prevention resources with the community and recognize September as Suicide Prevention Month each year ATTACHMENTS: Attachment A – Resolution Establishing a Suicide Prevention Policy 248 RESOLUTION NO. 21-___ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA ESTABLISHING A SUICIDE PREVENTION POLICY WHEREAS, the City of Saratoga recognizes that suicide is a public health issue, evidenced by data from County of Santa Clara Behavioral Health Services that shows that after a three-year decline in the suicide rate in the County, suicide rates increased in 2018 and 2019; and WHEREAS, the City of Saratoga seeks to support the strategies recommended by the Santa Clara County Suicide Prevention Strategic Plan; and WHEREAS, educating the community on suicide risk factors, warning signs, how to report threats of suicide or those showing signs of becoming at risk, and removing the stigma about mental health treatment, recovery, and resiliency is an important step in addressing suicide as a public health issue; and WHEREAS, the Suicide Prevention Policy formalizes a process by which general resources are shared and safe messaging best practices are followed when communicating with employees and the community. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Saratoga hereby adopts the attached Suicide Prevention Policy. The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 15th day of December 2021 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Tina Walia, Mayor ATTEST: DATE: Britt Avrit, MMC, City Clerk 249 City of Saratoga Suicide Prevention Policy Adopted December 15, 2021 via Resolution 21-__ Page 1 CITY OF SARATOGA SUICIDE PREVENTION POLICY Adopted December 15, 2021 via Resolution 21-__ I. Purpose The policy reflects an ongoing commitment to increase awareness of suicide a public health problem. The framework in this policy promotes the planning, implementation, and evaluation of strategies for suicide prevention and intervention, as well as encouraging mental health care. II. Policy This policy shall advance current strategies and best practices of County of Santa Clara Behavior Health Services, National Council for Behavioral Health, National Alliance on Mental Illness, and the World Health Organization. This policy shall call for the collaboration between the City of Saratoga and local and regional organizations to provide information to employees and residents to gain a better understanding of the causes of suicide, learn the appropriate methods for identifying those at risk, and learn how to report threats of suicide or those showing signs of becoming at risk for to the appropriate authorities. The City will promote strategies of the Santa Clara County Suicide Prevention Strategic Plan and resources provided by the County as well as the Suicide Prevention Resource Center under the following guiding framework: City Employees: Annually, the City Manager or the City Manager’s designee will share information with employees that helps staff gain a better understanding of the causes of suicide and learn the appropriate methods for identifying and preventing the loss of life. The Human Resources Division will work with the County of Santa Clara Behavior Health Services to ensure information shared reflects current research. Additionally, the City shall provide a copy of this policy to all employees. City Facilities: The City Manager or City Manager’s designee will develop public safety protocols governing a response to a suicide attempt on City facilities and will ensure that those protocols are reviewed annually. This review of protocols will seek to update internal procedures and address any needed support for employees that may witness such events. The City Manager or the City Manager’s designee will further ensure an appropriate communications strategy is in place if a suicide attempt occurs in a City facility The communication strategy will reflect the best practices for reporting on suicide, as provided by the County. Community: The City will link to the County of Santa Clara Behavior Health Services and actively collaborate with the County to disseminate information, including event information and resources as they become available. The City Council will also raise awareness by recognizing National Suicide Prevention Month annually in September. 250 CITY OF SARATOGA Memorandum To: Mayor Walia & Members of the Saratoga City Council From: Britt Avrit, MMC, City Clerk Meeting Date: December 15, 2021 Subject: Written Communications, Item 3.2 Following publication of the agenda packet for the December 15, 2021 City Council Meeting, written communications were submitted for Item 3.2. The communications are attached to this memo. 251 From:Judy Sarina To:Britt Avrit Subject:RE: Suicide Prevention Program Date:Monday, December 13, 2021 12:47:13 PM CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Hello, This policy is a good start to help those who can not speak or behave for themselves. The education is so valuable as the topic is swept up under the rug so to speak, not talked about within the family nor outside. Without the openness and understanding, the handling of these sick individuals will remain secluded from public view, and fearful by not understanding the behavior. It is a positive change and we hope that the transition to open discussion and non bias will lead to a fair and just system of support within the community neighborhood and family, to the employers and their employees, and the medical community itself. Thank you. Sincerely, Judy Sarina 252 From:Ben Pierce To:Britt Avrit Subject:Suicide prevention discussion Date:Monday, December 13, 2021 12:49:24 PM CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Hi Britt, My name is Ben Pierce and I'm the Care Pastor at WestGate Church. I was heartened to hear that the Saratoga city council is discussing ways to support programs aimed at preventing suicide. As a pastor here I see the toll that the last two years has taken on far too many people's emotional well being. I also know that suicide is the 2nd largest cause of death amonth 10-24 year olds in the US currently. I'd like to ask that you pass along my strong encouragement that any steps the city council can take to support suicide prevention efforts would be much appreciated and is likely to prove life saving. God bless you and seasons greetings, Ben Pierce -- Ben Pierce Care Pastor Westgate Church 253 From:Ligia Law To:Britt Avrit Subject:Suicide Prevention Date:Monday, December 13, 2021 3:32:51 PM CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Hello, As a previous Suicide and crisis volunteer, I agree with the resolutions that’s being put forward. Thank you, Ligia Law 254 SARATOGA CITY COUNCIL MEETING DATE:December 15, 2021 DEPARTMENT:City Manager’s Department PREPARED BY:Britt Avrit, MMC, City Clerk SUBJECT:Adoption of City Council Assignments RECOMMENDED ACTION: Adopt the Resolution establishing City Council assignments for calendar year 2022. BACKGROUND: Every December, City Council assignments are reviewed and updated as needed. At the December 1, 2021 City Council meeting, the City Council reviewed the list of various assignments (not individual Council Member assignments). The list of assignments provided at the December 1, 2021 included removal of the Public Art Committee and Santa Clara/Santa Cruz Counties Airport/Community Roundtable and the Saratoga Area Senior Coordinating Council Board of Directors assignment was changed to a Liaison Assignment –Non-Voting. Each City Council Member was asked to submit their assignment preferences to the City Clerk by the end of the day Monday, December 6, 2021. The list of assignment preferences was reviewed by the Mayor and the Mayor’s recommended assignment list is included as part of Attachment A. ATTACHMENTS: Attachment A -Resolution Establishing City Council Assignments Attachment B -Assignment Descriptions 255 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA ESTABLISHING CITY COUNCIL ASSIGNMENTS FOR CALENDAR YEAR 2022 WHEREAS, members of the City Council serve on various agencies and committees; and WHEREAS, the responsibility for representing the City Council should be shared by all members; and WHEREAS, beginning on December 1, 2021, the City Council had the opportunity to review the list of committees and were asked to provide input to the City Clerk on individual assignments; and WHEREAS, the Mayor has duly considered input from the members of the City Council and has made the assignments shown in Exhibit A. NOW, THEREFORE BE IT RESOLVED,that the City Council of the City of Saratoga does hereby: (1) Approve the City Council assignments attached to this Resolution; and (2) Affirm that members of the City Council agree to their appointments through December 2022 or until the assignments are amended; and (3) Direct the City Clerk to post the Fair Political Practices Form 806 on the City website pursuant to California Code of Regulations 18702.5. The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 15th day of December 2021, by the following vote: AYES: NOES: ABSTAIN: ABSENT: Tina Walia, Mayor ATTEST: DATE: Britt Avrit, MMC, City Clerk 256 EXHIBIT A 2022 SARATOGA CITY COUNCIL ASSIGNMENTS Adopted via Resolution No. XX-XX Agency Assignments - Voting Council Member Alternate Association of Bay Area Governments General Assembly Zhao Bernald Cities Association of Santa Clara County Board of Directors Walia Fitzsimmons Cities Association of Santa Clara County City Selection Committee Walia Fitzsimmons Cities Association of Santa Clara County Legislative Action Committee Walia Fitzsimmons Hakone Foundation Board of Trustees Fitzsimmons N/A Hakone Foundation Board Executive Board Walia N/A KSAR 15 Saratoga Community Access Cable Television Foundation Board of Directors Bernald Kumar Santa Clara County Housing and Community Development Advisory Committee Fitzsimmons Bernald Santa Clara County Library District Board of Directors Kumar Zhao Santa Clara Valley Water Commission Kumar Bernald Silicon Valley Clean Energy Authority Board of Directors Walia Kumar Valley Transportation Authority Policy Advisory Committee Zhao Kumar Valley Transportation Authority State Route 85 Corridor Policy Advisory Board Zhao Kumar West Valley Clean Water Program Authority Board of Directors Kumar Bernald West Valley Solid Waste Management Authority Board of Directors Kumar Bernald West Valley Mayors and Managers Association Walia Fitzsimmons West Valley Sanitation District Board of Directors Zhao Fitzsimmons Liaison Assignments - Non-Voting Council Member Alternate Saratoga Area Senior Coordinating Council Board of Directors Zhao Fitzsimmons Saratoga Chamber of Commerce Board Fitzsimmons Bernald Saratoga Historical Foundation Board of Directors Bernald Fitzsimmons Saratoga Ministerial Association Bernald Zhao Saratoga Sister City Committee Liaison Fitzsimmons Zhao Council Committee Assignments Council Member 2nd Council Member Council Finance Committee Walia Fitzsimmons 257 Saratoga City Council Assignment Descriptions AGENCY ASSIGNMENTS – VOTING DESCRIPTION Association of Bay Area Government (ABAG) General Assembly ABAG is the Regional Planning Agency for the nine counties in the San Francisco Bay Area. The General Assembly includes one delegate from each of the nine counties as well as one delegate from each of the cities in those nine counties. The General Assembly reviews policy recommendations from the ABAG Executive Board, establishes annual membership fees, reviews the ABAG Association bylaws, and considers policy, annual budget, and work program during the General Assembly Conference. • More Information: https://abag.ca.gov/about-abag/what-we-do/how-we-govern/general- assembly • Contact: Fred Castro, ABAG Clerk of the Board fcastro@bayareametro.gov • Meeting Schedule: The ABAG General Assembly meets annually, usually in June. Meetings are in the Bay Area Metro Center, 375 Beale Street, San Francisco, unless otherwise noted. MEETING VIA ZOOM UNTIL FURTHER NOTICE Cities Association of Santa Clara County Board of Directors The Cities Association of Santa Clara County is an association of the 15 cities and the County. It serves as a forum to discuss issues of mutual concern. The Board of Directors includes one representative of each city in the County. • More Information: http://citiesassociation.org • Contact: Andi Jordan, Executive Director (408) 766-9534 andi@citiesassociation.org • Meeting Schedule: Meetings are held on the second Thursday of every month, except July, at 7:00 p.m. at Sunnyvale City Hall at 456 West Olive Avenue in Sunnyvale. MEETING VIA ZOOM UNTIL FURTHER NOTICE Cities Association of Santa Clara County Legislative Action Committee The Cities Association Legislative Action Committee considers regional and statewide issues that are of interest to the cities of Santa Clara County. The Committee includes one representative of each city in the County. • More Information: http://citiesassociation.org • Contact: Andi Jordan, Executive Director (408) 766-9534 andi@citiesassociation.org • Meeting Schedule: The Legislative Action Committee meets the second Thursday of the month 6-7 pm, scheduled as needed at Sunnyvale City Hall at 456 West Olive Avenue in Sunnyvale. MEETING VIA ZOOM UNTIL FURTHER NOTICE 258 Cities Association of Santa Clara County City Selection Committee The Cities Association Selection Committee periodically convenes to make appointments to regional and local bodies, pursuant to Government Code 50270-50279.4. The Committee includes one representative of each city in the County. • More Information: http://citiesassociation.org • Contact: Andi Jordan, Executive Director (408) 766-9534 andi@citiesassociation.org • Meeting Schedule: The Cities Selection Committee meets the second Thursday of the month prior to the Board of Director’s Meeting, scheduled as vacancies arise at Sunnyvale City Hall at 456 West Olive Avenue in Sunnyvale. MEETING VIA ZOOM UNTIL FURTHER NOTICE Hakone Foundation Board of Trustees The Hakone Foundation is a nonprofit that operates Hakone Gardens in Saratoga. In accordance with the City’s lease agreement with the Hakone Foundation, two members of the City Council shall represent the City of Saratoga on the Board of Trustees. The two Council Members have the same rights and duties of other members of the Board of Trustees. • More Information: https://www.hakone.com/foundation • Contact: Shozo Kagoshima, Executive Director (408) 741-4994 shozo.kagoshima@hakonegardens.org • Meeting Schedule: The Board meets at 5:00 p.m. on the third Thursday of February, April, June, August, October, and December, and holds special meetings as needed at Hakone Gardens, Cultural Exchange Center at 21000 Big Basin Way in Saratoga. MEETING VIA ZOOM UNTIL FURTHER NOTICE Hakone Foundation Executive Board Per the City’s agreement with the Hakone Foundation, the City is entitled to one position on the Hakone Foundation Executive Board. The Mayor or a Council Member selected by the Mayor may fill the position. • More Information: https://www.hakone.com/foundation • Contact: Shozo Kagoshima, Executive Director (408) 741-4994 shozo.kagoshima@hakonegardens.org • Meeting Schedule: There is no regular meeting schedule of the Executive Board. Meetings are scheduled as needed by the Executive Board Chairperson. Meetings are held at Hakone Gardens, Cultural Exchange Center at 21000 Big Basin Way in Saratoga. MEETING VIA ZOOM UNTIL FURTHER NOTICE 259 KSAR 15 Saratoga Community Access Cable Television Foundation Board of Directors The KSAR 15 Saratoga Community Access Cable Television Foundation is a nonprofit that operates the local access television channel in Saratoga. The Board of Directors is comprised of one member of the Saratoga City Council, a member of the City of Saratoga staff, one representative of West Valley College, and a minimum of four (with a maximum of twelve) residents of Saratoga who are subscribers to Saratoga’s cable television system. The Board establishes policies and priorities for the management and operation of the local community access television station. • More Information: http://www.ksar15.org/home/index.php • Contact: Gary Dugas, Station Manager stationmanager@ksar15.org • Meeting Schedule: The Board meets on the fourth Wednesday of every other month at 3:00 p.m. at Saratoga City Hall at 13777 Fruitvale Avenue in Saratoga. MEETING VIA ZOOM UNTIL FURTHER NOTICE Santa Clara County Housing and Community Development Advisory Committee The Committee is comprised of one representative of the Santa Clara County Board of Supervisors and one representative of the cities of Saratoga, Campbell, Los Altos, Los Altos Hills, Los Gatos, Monte Sereno, and Morgan Hill. The jurisdictions represented are part of the Community Development Block Grant (CDBG) Urban County, which receives funding from the United States Department of Housing and Urban Development to assist lower -income individuals as well as people with special needs. • More Information: https://www.sccgov.org/sites/osh/Pages/home.aspx • Contact: Frank Soriano, Deputy Clerk (408) 299-5075 frank.soriano@cob.sccgov.org • Meeting Schedule: The Committee meets three times during the Fiscal Year at 6:15 p.m. at the County Government Center at 70 West Hedding St., San Jose. MEETING VIA ZOOM UNTIL FURTHER NOTICE Santa Clara County Library District Board of Directors The Santa Clara County Library District JPA is the governing board for the County Library District. The JPA includes a City Council representative from each of the jurisdictions in the district, including 260 Saratoga, Campbell, Cupertino, Gilroy, Los Altos, Los Altos Hills, Milpitas, Monte Sereno, Morgan Hill, and two Santa Clara County Supervisors. • More Information: http://www.sccl.org/jap-governing-board/ • Contact: Jennifer Weeks, County Librarian (408) 293-2326 ext. 3001 jweeks@sccl.org • Meeting Schedule: The JPA meets four times a year in January, April, June, and October at 12:00 pm. The January, April, and October meetings are held on the on the fourth Thursday. The June meeting is held on the first Thursday. Meetings are held at the Santa Clara County Library Services and Support Center at 1370 Dell Avenue in Campbell. MEETING VIA ZOOM UNTIL FURTHER NOTICE Santa Clara Valley Water Commission The Santa Clara Valley Water Commission advises the Santa Clara Valley Water District Board of Directors on issues related to water supply, flood protection, and environmental stewardship. Commission Members include representatives from each of the cities in the County, the Water District, the County, Santa Clara County Open Space Authority, and Midpeninsula Regional Open Space District. • More Information: https://www.valleywater.org/how-we-operate/committees/board- advisory-committees • Contact: Glenna Brambill, Office of Clerk of the Board (408) 630-2408 gbrambill@valleywater.org • Meeting Schedule: The Water Commission will meet at 12:00 p.m. on January 22, April 13, July 27 (tentative) and October 22 in 2022. Meetings are held at the District Headquarters at 5700 Almaden Expressway in San Jose. MEETING VIA ZOOM UNTIL FURTHER NOTICE Silicon Valley Clean Energy Authority Board of Directors Silicon Valley Clean Energy is a Joint Powers Authority that provides clean energy to customers in 13 Silicon Valley communities through PG&E power lines. Silicon Valley Clean Energy is one of several Community Choice Energy programs in the San Francisco Bay Area. The Authority is governed by a Board of Directors that includes representatives from each of the participating communities, including Saratoga, Campbell, Cupertino, Gilroy, Los Altos, Los Altos Hills, Los Gatos, Milpitas, Monte Sereno, Morgan Hill, Mountain View, Sunnyvale, and the County of Santa Clara. • More Information: http://www.svcleanenergy.org/ • Contact: Andrea Pizano, Board Clerk (408) 721-5301, ext. 1005 andrea.pizano@svcleanenergy.org • Meeting Schedule: Meetings are held the 2nd Wednesday of each month at 7:00 p.m. at the Cupertino Community Hall at 10350 Torre Avenue in Cupertino. MEETING VIA ZOOM UNTIL FURTHER NOTICE 261 Valley Transportation Authority Policy Advisory Committee The Valley Transportation Authority Policy Advisory Committee (PAC) consists of one City Council Member from each of the 15 cities and one member from the Santa Clara County Board of Supervisors. The PAC ensures that all jurisdictions within the county have ac cess to the development of VTA's policies. • More Information: http://santaclaravta.iqm2.com/Citizens/Board/1011-Policy-Advisory- Committee • Contact: Elaine Baltao, Board Secretary (408) 321-5680 board.secretary@vta.org • Meeting Schedule: The Committee generally meets on the second Thursday of the month at 4:00 p.m. at the VTA River Oaks Campus at 3331 North First Street, Conference Room B-106 in San Jose. MEETING VIA ZOOM UNTIL FURTHER NOTICE Valley Transportation Authority State Route 85 Corridor Policy Advisory Board The State Route 85 Corridor Policy Advisory Board was established to ensure the stakeholder cities along the State Route 85 corridor are involved in the development of existing and potential transportation capital projects along the corridor and have the opportunity to provide input and recommendations to the VTA Board of Directors. • More Information: http://santaclaravta.iqm2.com/Citizens/Board/1093-State-Route-85- Corridor-Policy-Advisory-Board Contact: Elaine Baltao, Board Secretary (408) 321-5680 board.secretary@vta.org • Meeting Schedule: The Board meets quarterly on the 4th Monday at 10 a.m. Meetings are at VTA offices at 3331 N. First Street in San Jose. MEETING VIA ZOOM UNTIL FURTHER NOTICE West Valley Clean Water Program Authority Board of Directors The West Valley Clean Water Program Joint Powers Authority (WVCWP) serves as the Stormwater Pollution Prevention Authority for the cities of Campbell, Monte Sereno, Sar atoga, and the Town of Los Gatos. The Authority is governed by the same four-member Board of Directors as the West Valley Solid Waste Management Authority comprised of one Council Member from each of the four member agencies. • More Information: http://www.cleancreeks.org/ • Contact: Sheila Tucker, Executive Director (408) 354-4734, ext. 115 stucker@wvcwp.org • Meeting Schedule: The Board meets on the 1st Thursday of February, May, September, and November at 4:00 p.m. at Monte Sereno City Hall at 18041 Saratoga-Los Gatos Road in Monte Sereno. MEETING VIA ZOOM UNTIL FURTHER NOTICE 262 West Valley Solid Waste Management Authority Board of Directors The West Valley Solid Waste Management Joint Powers Authority was formed to coordinate efforts in carrying out solid waste collection and disposal activities and meet the mandates of AB939 and the States’ Integrated Waste Management Act for the cities of Saratoga, Campbell, Monte Sereno, and Los Gatos. The Authority is governed by the same four-member Board of Directors as the West Valley Clean Water Program Authority. • More Information: http://www.wvswma.org • Contact: Rob Hilton, Executive Director rchilton@hfh-consultants.com • Meeting Schedule: Meetings are held on the first Thursday of February, May, September, and November at 5:00 p.m. at Monte Sereno City Hall at 18041 Saratoga Los Gatos Road in Monte Sereno. MEETING VIA ZOOM UNTIL FURTHER NOTICE West Valley Mayors and City Managers Association The West Valley Mayors and Managers Association is a sub-regional grouping of the VTA governance structure. It consists of the Mayors and City Mangers from the cities of Campbell, Cupertino, Monte Sereno, Saratoga and the Town of Los Gatos. It is charged with selecting the VTA Board member representing the above municipalities (for a two-year term). • Contact: The administrative contact rotates each year with the annual transition of City host, rotating in alphabetical order. • Meeting Schedule: Meetings are held monthly, typically at 11:30 a.m. or 12:00 p.m. Locations rotate through the member cities. Meetings in August and December are typically canceled. MEETING VIA ZOOM UNTIL FURTHER NOTICE West Valley Sanitation District Board of Directors The West Valley Sanitation Special District provides wastewater collection and disposal services to Campbell, Monte Sereno, Los Gatos, most of Saratoga, and a portion of unincorporated Santa Clara County. The five-member Board of Directors includes one Council Member from each of the four west valley cities and the District 1 Santa Clara County Supervisor. Board members are compensated $210 for each meeting attended. • More Information: http://www.westvalleysan.org/ • Contact: Jon Newby, District Manager (408) 378-2407, ext. 103 info@westvalleysan.org • Meeting Schedule: Meetings are held on the second Wednesday of the month at 5:00 p.m. at the District’s Office located at 100 E. Sunnyoaks Avenue in Campbell. MEETING VIA ZOOM UNTIL FURTHER NOTICE 263 LIAISON ASSIGNMENTS – NON-VOTING DESCRIPTION Saratoga Area Senior Coordinating Council Board of Directors The Saratoga Area Senior Coordinating Council (SASCC) is a nonprofit that seeks to provide access to physical and social activities for aging adults in the community and operates the Saratoga Senior Center, Adult Day Program, and Reach Your Destination Eas ily (RYDE). One member of the City Council serves as liaison to the Saratoga Area Senior Coordinating Council Board of Directors. • More Information: https://www.sascc.org/ • Contact: Tyler Taylor, Executive Director (408) 868-1257 tylor@sascc.org • Meeting Schedule: The Board meets on the fourth Tuesday of every month at 4:00 p.m. at the Saratoga Senior Center, Magnolia Room at 19655 Allendale Avenue in Saratoga. MEETING VIA ZOOM UNTIL FURTHER NOTICE Saratoga Chamber of Commerce Board The Saratoga Chamber of Commerce promotes local business through a variety of programs and services, including networking, member education, business development, promotion, marketing, and advertising assistance. One member of the City Council serves as liaison to the Chamber of Commerce Board. • More Information: http://www.saratogachamber.org • Contact: Kelly Medrano, Office Manager (408) 867-0753 info@saratogachamber.org • Meeting Schedule: The Chamber Board meets on the second Thursday of the month at 4:00 p.m. at the Chamber of Commerce Office at 14460 Big Basin Way in Saratoga. MEETING VIA ZOOM UNTIL FURTHER NOTICE Saratoga Historical Foundation Board of Directors The Saratoga Historical Foundation was in created in 1962 to promote interest in Saratoga history, research and collect records, pictures, artifacts, and other memorabilia related to local history, and maintain the history for the display and safekeeping of archival material. One member of the City Council serves as a liaison to the Historical Foundation Board of Directors. • More Information: http://www.saratogahistory.com/ • Contact: Annette Stransky, Board President (408) 867-7468 annette022003@yahoo.com • Meeting Schedule: The Board meets on the fourth Thursday of the month except for November when the Board meets on the third Thursday. Meetings begin at 5:00 p.m. and are held at the Saratoga History Museum at 20450 Saratoga-Los Gatos Road in Saratoga. No meetings are held in August and December. MEETING VIA ZOOM UNTIL FURTHER NOTICE 264 Saratoga Ministerial Association The Saratoga Ministerial Association is comprised of representatives from communities of faith located within the city of Saratoga. The purpose of the group is to build community and support city residents through cooperation and joint activities, including the annual Thanksgiving Day service, and other events. One member of the City Council serves as liaison to the Ministerial Association. • Contact: Reverend Erik Swanson, Pastor West Hope Presbyterian esfishrev@gmail.com • Meeting Schedule: Meetings are held on the fourth Wednesday of the month at noon (except in July, August, and December). The location rotates among the congregations. MEETING VIA ZOOM UNTIL FURTHER NOTICE Saratoga Sister City Committee Liaison The purpose of the Sister City Committee is to plan and carry out programs and activities, which strengthen Saratoga’s relationship with its sister city, Muko-Shi, in Japan. One member of the City Council serves as liaison to the Sister City Committee. • Contact: Peter Marra piero@pacbell.net • Meeting Schedule: Meetings are held the first Thursday of every month at 5:00 p.m. at the Joan Pisani Community Center at 19655 Allendale Avenue. MEETING VIA ZOOM UNTIL FURTHER NOTICE 265 COUNCIL COMMITTEE ASSIGNMENTS DESCRIPTION Council Finance Committee The Finance Committee is a City Council Committee of the whole with two members of the City Council with voting privileges. The Committee reviews and provides recommendations on the City’s financial matters, including the budget, financial policies, and annual audit. • More Information: http://www.saratoga.ca.us/359/Finance-Committee • Contact: Sandra Dalida, Interim Finance & Administrative Services Director (408) 868-1221 sdalida@saratoga.ca.us • Meeting Schedule: Meetings are typically scheduled monthly or as needed during business hours. MEETING VIA ZOOM UNTIL FURTHER NOTICE 266