HomeMy WebLinkAbout04-17-2024 City Council Agenda Packet, amended 04-17-2024Saratoga City Council Agenda April 17, 2024 – Page 1 of 4
SARATOGA CITY COUNCIL
REGULAR MEETING
APRIL 17, 2024
AMENDED AGENDA
• 04/17/2024 ITEM 3.1 SUPPLEMENTAL MEMO ADDED
• 04/17/2024 ITEM 3.1 WRITTEN COMMUNICATIONS ADDED
Public Participation Information
In accordance with Saratoga City Council’s Remote Public Participation Policy, members of the
public may participate in these meetings in person at the locations listed below or via remote
attendance (if applicable) using the Zoom information below. In the event remote participation
technology is unexpectedly unavailable, the meeting will proceed in person without remote
participation.
Members of the public can view and participate in the 7:00 p.m. Regular Session by:
1. Attending the meeting in person at:
• Saratoga Civic Theater, Council Chambers located at 13777 Fruitvale Avenue, Saratoga CA
95070; OR
• 1209 L Street, Sacramento, CA 95814; OR
• 170 S. Market Street, San Jose, CA 95113; OR
2. Accessing the meeting through Zoom
• Webinar URL: https://us02web.zoom.us/j/81627041223
• Webinar ID: 816 2704 1223
• Call In: 1.408.638.0968 or 1.669.900.6833; OR
3. Viewing the meeting on Saratoga Community Access Television Channel 15 (Comcast
Channel 15, AT&T UVerse Channel 99 and calling in following the direction above; OR
4. Viewing online at www.saratoga.ca.us/watch and calling in following the direction above.
Written Communication
Comments can be submitted in writing at www.saratoga.ca.us/comment. Written communications
will be provided to the members of the City Council and included in the Agenda Packet and/or in
supplemental meeting materials.
Public Comment
Members of the public may comment on any item for up to three (3) minutes. The amount of time
for public comment may be reduced by the Mayor or by action of the City Council.
Oral Communications on Non-Agendized Items will take place at the beginning of the meeting for
those attending in person. Oral Communications on Non-Agendized Items will take place at the
end of the meeting for those attending via telephone and Zoom.
Public Comment for agendized items will begin with speakers attending in-person followed by
those attending via Zoom. Please ensure your comments pertain to the agenda item. Individuals
providing comments not relevant to the agenda item will be asked to stay on topic or they will be
muted.
Saratoga City Council Agenda April 17, 2024 – Page 2 of 4
Meeting Recording Information
In accordance with the Saratoga City Council’s Meeting Recording Policy, City Council Study
Sessions, Joint Meetings, Joint Sessions, Commission Interviews, Retreats, meetings with the
Planning Commission, and Regular Session Meetings are recorded and made available following
the meeting on the City website.
7:00 PM REGULAR SESSION
Civic Theater, Council Chambers | 13777 Fruitvale Avenue, Saratoga, CA 95070
PLEDGE OF ALLEGIANCE
ROLL CALL
REPORT ON POSTING OF THE AGENDA
The agenda for this meeting was properly posted on April 11, 2024.
ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS
Any member of the public may address the City Council on matters not on the Agenda. The law
generally prohibits the City Council from discussing or taking action on such items. However, the
Council may instruct staff accordingly.
ANNOUNCEMENTS
CEREMONIAL ITEM
Proclamation Recognizing Courageous Kids Day
Recommended Action:
Proclaim recognition of Courageous Kids Day
Proclamation Courageous Kids Day
1. CONSENT CALENDAR
The Consent Calendar contains routine items of business. Items in this section will be acted
on in one motion, unless removed by the Mayor or a Council Member. Any member of the
public may speak on an item on the Consent Calendar at this time, or request that the Mayor
remove an item from the Consent Calendar for discussion.
1.1. City Council Meeting Minutes
Recommended Action:
Approve the Minutes for the April 3, 2024, City Council Regular Meeting.
Staff Report
Attachment A - Minutes for the April 3, 2024 City Council Regular Meeting
1.2. Accounts Payable Check Registers
Recommended Action:
Review and accept the 03/28/2024 and 04/04/2024 accounts payable vendor payment check
registers.
Staff Report
Attachment A - Check Register 03-28-2024
Attachment B - Check Register 04-04-2024
Saratoga City Council Agenda April 17, 2024 – Page 3 of 4
1.3. Authorize GIS Data Use Agreement-MOU with County of Santa Clara
Recommended Action:
Authorize the City Manager to execute the GIS Data Use Agreement-MOU with County of
Santa Clara.
Staff Report
Attachment A - Proposed GIS Data Use Agreement
2. PUBLIC HEARING
2.1. Ordinance Amending Articles 7-05 (Discarded Material Disposal) and 17-10
(Mandatory Organic Waste Disposal Reduction) and Adopting Article 17-15 (Construction
and Demolition Debris Diversion) of the Saratoga City Code.
Recommended Action:
Introduce and waive the first reading of an ordinance amending Articles 7-05, (Discarded
Material Disposal) and 17-10 (Mandatory Organic Waste Disposal Reduction) and adopting
Article 17-15 (Construction and Demolition Debris Diversion) as required by the State of
California 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 Articles 7-05 and 17-10 and Adopting Article 17-15
3. GENERAL BUSINESS
3.1. Mills Act Property Tax Abatement Program
Recommended Action:
Adopt attached resolution included in Attachment A, approving criteria for Mills Act
agreements within the City of Saratoga.
Staff Report
Attachment A - Resolution approving the changes to the City’s Mills Act Program.
Attachment B - City Council Staff Report with Attachments and Minutes from the May 3rd
, June 7th and November 15, 2023 Meetings
Attachment C - Mills Act Historic Property Preservation Agreement
Attachment D - Public Comments
Supplemental Memo - Item 3.1 (added 04-17-2024)
Supplemental Memo - Item 3.1 Written Communications (added 04-17-2024)
COUNCIL ASSIGNMENTS
Council Assignments
CITY COUNCIL ITEMS
COUNCIL COMMUNICATIONS
CITY MANAGER'S REPORT
ADJOURNMENT
Saratoga City Council Agenda April 17, 2024 – Page 4 of 4
CERTIFICATE OF POSTING OF THE AGENDA, DISTRIBUTION OF THE AGENDA
PACKET, COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT
I, Britt Avrit, City Clerk for the City of Saratoga, declare that the foregoing agenda for the meeting
of the City Council was posted and available for review on April 11, 2024 at the City of Saratoga,
13777 Fruitvale Avenue, Saratoga, California and on the City's website at www.saratoga.ca.us.
Signed this 11th day of April 2024 at Saratoga, California.
Britt Avrit, MMC, City Clerk
In accordance with the Ralph M. Brown Act, copies of the staff reports and other materials
provided to the City Council by City staff in connection with this agenda, copies of materials
distributed to the City Council concurrently with the posting of the agenda, and materials
distributed to the City Council by staff after the posting of the agenda are available on the City
website at www.saratoga.ca.us and are available for review in the office of the City Clerk at 13777
Fruitvale Avenue, Saratoga, California.
In compliance with the Americans with Disabilities Act and the Governor’s Executive Order, if
you need assistance to participate in this meeting, please contact the City Clerk at
bavrit@saratoga.ca.us or calling 408.868.1216 as soon as possible before the meeting. The City
will use its best efforts to provide reasonable accommodations to provide as much accessibility as
possible while also maintaining public safety. [28 CFR 35.102-35.104 ADA title II]
PROCLAMATION OF THE CITY COUNCIL
OF THE CITY OF SARATOGA
RECOGNIZING COURAGEOUS KIDS DAY
WHEREAS, today, about one in 530 young adults between the ages of 20 and 39 is a
childhood cancer survivor; and
WHEREAS, the American Cancer Society is deeply committed to making continued
advances and last year supported 49 active, multi-year research grants for a total of $29,000,
specific to childhood cancer; and
WHEREAS, the American Cancer Society ACS CAN volunteers worked hard to pass
the Childhood Cancer Survivorship, Treatment, Access and Research (STAR) Act, which was
signed into law on June 5, 2018, and helps advance pediatric cancer research, increase
transparency and expertise for pediatric cancer research at the National Institutes of Health,
and expands research into the long-term side effects of childhood cancer and its treatments;
and
WHEREAS, on May 12, 2024, the American Cancer Society celebrates the 35th
anniversary of its Courageous Kids Day, an event held each Mother’s Day at California’s
Great America for children currently in treatment for cancer and their immediate families, to
enjoy a day of fun and making memories; and
WHEREAS, Courageous Kids leadership volunteers in Saratoga; Pam Dunnett, chair;
Donna Adam, co-chair; Heather Duffy, secretary; Nick Sharin, volunteer chair; Gay Crawford,
founder; along with ACS staff lead the event and all its activities to help provide kids a day
away from cancer; and
WHEREAS, the administration and staff of California’s Great America have been
directly involved with and supportive of the Courageous Kids Day Committee since 1989,
providing complimentary admission, picnic lunches for Courageous Kids and their families,
and volunteers, valued at over one million dollars.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga do
hereby recognize and commend the American Cancer Society’s Courageous Kids Day
volunteers and staff for the countless number of families they have served and to which they
have brought much joy.
WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA this 17th day
of April 2024.
___________________________
Yan Zhao, Mayor
City of Saratoga
4
SARATOGA CITY COUNCIL
MEETING DATE:April 17, 2024
DEPARTMENT:City Manager’s Department
PREPARED BY:Britt Avrit, MMC, City Clerk
SUBJECT:City Council Meeting Minutes
RECOMMENDED ACTION:
Approve the Minutes for the April 3, 2024,City Council Regular Meeting.
BACKGROUND:
Draft City Council Minutes for each Council Meeting are taken to the City Council to be reviewed
for accuracy and approval. Following City Council approval, minutes are retained for legislative
history and posted on the City of Saratoga website. The draft minutes are attached to this report
for Council review and approval.
ATTACHMENTS:
Attachment A -Minutes for the April 3, 2024 City Council Regular Meeting
5
Saratoga City Council Minutes ~ April 3, 2024 ~ Page 1 of 5
MINUTES
WEDNESDAY, APRIL 3, 2024
SARATOGA CITY COUNCIL REGULAR MEETING
At 6:00 p.m., the City Council held a Joint Session with the Saratoga Chamber of Commerce
in the Linda Callon Conference Room.
Mayor Zhao invited public comment.
No one requested to speak.
Mayor Zhao called the Regular Session to order at 7:00 p.m.
ROLL CALL
PRESENT:Mayor Yan Zhao, Vice Mayor Belal Aftab, Council Members Kookie
Fitzsimmons, Chuck Page, Tina Walia
ABSENT:None
ALSO PRESENT:James Lindsay, City Manager
Richard Taylor, City Attorney
Leslie Arroyo, Assistant City Manager
John Cherbone, Public Works Director
Bryan Swanson, Community Development Director
Ryan Hinchman, Administrative Services Director
Britt Avrit, City Clerk
REPORT ON POSTING OF THE AGENDA
The City Clerk reported the agenda for this meeting was properly posted on March 28, 2024.
REPORT FROM JOINT SESSION
Mayor Zhao stated the City Council held a Joint Session with the Saratoga Chamber of Commerce
and Chamber President Tiger Teerlink provided a summary of the activities of the Chamber.
ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS; IN-PERSON
ATTENDEES
No one requested to speak.
ANNOUNCEMENTS
Mayor Zhao shared information about informal office hours at the Saratoga Farmers’ Market,
Emergency Medical Services Free Class, and the Blossom Festival.
CEREMONIAL ITEM
STEM Winners Recognition
Recommended Action:
Present Commendations to STEM Winners
The City Council presented Commendations to the STEM winners.
6
Saratoga City Council Minutes ~ April 3, 2024 ~ Page 2 of 5
1.CONSENT CALENDAR
The City Clerk stated the minutes from the March 20, 2024, meeting will be amended to
reflect the correct maker of, and second for, the motions associated with Item 2.1.
Mayor Zhao invited public comment.
No one requested to speak.
1.1. City Council Meeting Minutes
Recommended Action:
Approve the Minutes for the March 18, 2024, City Council Special Meeting and the March
20, 2024, City Council Regular Meeting.
AFTAB/PAGE MOVED TO APPROVE THE MINUTES FOR THE MARCH 18, 2024,
CITY COUNCIL SPECIAL MEETING AND THE MARCH 20, 2024 (AS AMENDED)
CITY COUNCIL REGULAR MEETING.MOTION PASSED BY THE FOLLOWING
VOTE: AYES: FITZSIMMONS, PAGE, WALIA, AFTAB, ZHAO. NOES: NONE.
ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE.
1.2. Accounts Payable Check Registers
Recommended Action:
Review and accept the 03/14/2024 and 03/21/2024 accounts payable vendor payment check
registers.
AFTAB/PAGE MOVED TO REVIEW AND ACCEPT THE 03/14/2024 AND 03/21/2024
ACCOUNTS PAYABLE VENDOR PAYMENT CHECK REGISTERS.MOTION
PASSED BY THE FOLLOWING VOTE: AYES: FITZSIMMONS, PAGE, WALIA,
AFTAB, ZHAO. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE.
1.3. Treasurer’s Report for the Month Ended February 29, 2024
Recommended Action:
Review and accept the Treasurer’s Report for the month ended February 29, 2024.
AFTAB/PAGE MOVED TO REVIEW AND ACCEPT THE TREASURER’S REPORT
FOR THE MONTH ENDED FEBRUARY 29, 2024.MOTION PASSED BY THE
FOLLOWING VOTE: AYES: FITZSIMMONS, PAGE, WALIA, AFTAB, ZHAO. NOES:
NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE.
1.4. 2nd Reading Zoning Code Amendments
Recommended Action:
Adopt the ordinance amendments to Chapter 14 (Subdivisions) and Chapter 15 (Zoning
Regulations) of the Saratoga City Code.
ORDINANCE 399
7
Saratoga City Council Minutes ~ April 3, 2024 ~ Page 3 of 5
AFTAB/PAGE MOVED TO ADOPT THE ORDINANCE AMENDMENTS TO
CHAPTER 14 (SUBDIVISIONS) AND CHAPTER 15 (ZONING REGULATIONS) OF
THE SARATOGA CITY CODE.MOTION PASSED BY THE FOLLOWING VOTE:
AYES: FITZSIMMONS, PAGE, WALIA, AFTAB, ZHAO. NOES: NONE. ABSTAIN:
NONE. RECUSED: NONE. ABSENT: NONE.
1.5. 2023 General Plan Housing Element Annual Progress Report
Recommended Action:
Adopt the Resolution accepting the 2023 General Plan Housing Element Annual Progress
Report and direct staff to file the report with the Governor’s Office of Planning and
Research and the Department of Housing and Community Development.
RESOLUTION 24-016
AFTAB/PAGE MOVED TO ADOPT THE RESOLUTION ACCEPTING THE 2023
GENERAL PLAN HOUSING ELEMENT ANNUAL PROGRESS REPORT AND
DIRECT STAFF TO FILE THE REPORT WITH THE GOVERNOR’S OFFICE OF
PLANNING AND RESEARCH AND THE DEPARTMENT OF HOUSING AND
COMMUNITY DEVELOPMENT.MOTION PASSED BY THE FOLLOWING VOTE:
AYES: FITZSIMMONS, PAGE, WALIA, AFTAB, ZHAO. NOES: NONE. ABSTAIN:
NONE. RECUSED: NONE. ABSENT: NONE.
1.6. Acceptance of Parcel Conveyance for the Quito Road Bridges Project Mitigation
Recommended Action:
Adopt a resolution authorizing the acceptance of the conveyance of land for the Quito Road
Bridges project mitigation efforts and authorizing the City Manager to execute a Certificate
of Acceptance.
RESOLUTION 24-017
AFTAB/PAGE MOVED TO ADOPT THE RESOLUTION AUTHORIZING THE
ACCEPTANCE OF THE CONVEYANCE OF LAND FOR THE QUITO ROAD
BRIDGES PROJECT MITIGATION EFFORTS AND AUTHORIZING THE CITY
MANAGER TO EXECUTE A CERTIFICATE OF ACCEPTANCE. MOTION PASSED
BY THE FOLLOWING VOTE: AYES: FITZSIMMONS, PAGE, WALIA, AFTAB, ZHAO.
NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE.
1.7. Budget Amendment – Allendale Landscape District LLA Zone 36
Recommended Action:
Adopt Resolution appropriating $2,802.52 from the LLA Zone 36 fund balance into the
Fiscal Year 2023/24 operating budget.
RESOLUTION 24-018
AFTAB/PAGE MOVED TO ADOPT THE RESOLUTION APPROPRIATING
$2,802.52 FROM THE LLA ZONE 36 FUND BALANCE INTO THE FISCAL YEAR
2023/24 OPERATING BUDGET. MOTION PASSED BY THE FOLLOWING VOTE:
AYES: FITZSIMMONS, PAGE, WALIA, AFTAB, ZHAO. NOES: NONE. ABSTAIN:
NONE. RECUSED: NONE. ABSENT: NONE.
8
Saratoga City Council Minutes ~ April 3, 2024 ~ Page 4 of 5
2.GENERAL BUSINESS
2.1. Renew Contract with Saratoga Chamber of Commerce for Tourism and Informational
Services
Recommended Actions:
1. Consider the Chamber of Commerce’s request to increase the annual contract amount
for a one-time 15% increase for tourism-related services
2. Authorize the City Manager to execute the agreed-upon contract renewal for 5 years.
Council Member Page stated he neededto recuse himself from this item due to his relationship
with the Chamber of Commerce and left the dais at this time.
Leslie Arroyo, Assistant City Manager, presented the staff report.
Mayor Zhao invited public comment.
No one requested to speak.
FITZSIMMONS/WALIA MOVED TO CONSIDER THE CHAMBER OF
COMMERCE’S REQUEST TO INCREASE THE ANNUAL CONTRACT AMOUNT
FOR A ONE-TIME 15% INCREASE FOR TOURISM-RELATED SERVICES AND
AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREED-UPON
CONTRACT RENEWAL FOR 5 YEARS.MOTION PASSED BY THE FOLLOWING
VOTE: AYES: FITZSIMMONS, WALIA, AFTAB, ZHAO. NOES: NONE. ABSTAIN:
NONE. RECUSED: PAGE. ABSENT: NONE.
Council Member Page returned to the dais at this time.
2.2. 2024-25 Capital Improvement Program Projects and Funding
Recommended Action:
Approve fiscal year (FY)2024-25 Capital Improvement Program (CIP) projects and funding
for inclusion in the annual budget.
Ryan Hinchman, Administrative Services Director, and John Cherbone, Public Works
Director presented the staff report.
Mayor Zhao invited public comment.
No one requested to speak.
PAGE/FITZSIMMONS MOVED TO APPROVE FISCAL YEAR (FY)2024-25
CAPITAL IMPROVEMENT PROGRAM (CIP) PROJECTS AND FUNDING AS
PRESENTED, WITH A CHANGE TO REMOVE THE “HERITAGE ORCHARD
PARK SIGNS REPLACEMENT PROJECT” FROM THE FUNDED PROJECT LIST
AND RETAIN THE $50,000 OF FUNDING FOR FUTURE USE.MOTION PASSED
BY THE FOLLOWING VOTE: AYES: FITZSIMMONS, PAGE, WALIA, AFTAB, ZHAO.
NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE.
9
Saratoga City Council Minutes ~ April 3, 2024 ~ Page 5 of 5
COUNCIL ASSIGNMENTS
Council Member Kookie Fitzsimmons
Nothing to report.
Council Member Tina Walia
KSAR 15 Saratoga Community Access Cable Television Foundation Board of Directors – stated
she attended this meeting with nothing to report.
Council Member Chuck Page
Saratoga Ministerial Association – stated he was unable to attend this meeting due to a scheduling
conflict.
Vice Mayor Belal Aftab
Saratoga Historical Foundation Board of Directors – stated he attended this meeting with nothing
to report.
Mayor Yan Zhao
West Valley Mayors and City Managers Association – stated the group received a link for the latest
Housing Law Update, and the group discussed their Housing Element status.
CITY COUNCIL ITEMS
Zhao/Walia requested discussion of the process for City Commission recruitments.
COUNCIL COMMUNICATIONS
Council Member Page discussed current and upcoming performances at the Saratoga Theater and
discussed the recent League of CA Cities Governance Transparency and Labor Relations
Committee meeting.
CITY MANAGER'S REPORT
None.
CITY ATTORNEY'S REPORT
None.
ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS; VIRTUAL ATTENDEES
No one requested to speak.
ADJOURNMENT
Mayor Zhao adjourned the meeting at 8:01 p.m.
Minutes respectfully submitted:
Britt Avrit, City Clerk
City of Saratoga
10
SARATOGA CITY COUNCIL
MEETING DATE:April 17, 2024
DEPARTMENT:Administrative Services
PREPARED BY:Vivian Lu, Accounting Technician
SUBJECT:Accounts Payable Check Registers
RECOMMENDED ACTION:
Review and accept the 03/28/2024 and 04/04/2024 accounts payable vendor payment check registers.
BACKGROUND:
The accounts payable check registers report payments to vendors for goods and services properly procured and approved
for payment in accordance with the City’s administrative purchasing policy. The information listed below lists vendor
payments exceeding $20,000 and any checks that were voided during the time period. The complete check register(s) and
summary by Fund are provided as attachments to this report.
ATTACHMENTS:
Attachment A -Check Register Reports Dated 03/28/2024
Attachment B -Check Register Reports Dated 04/04/2024
REPORT SUMMARY:
Attached are Check Registers for:
Date
Ending
Check #
03/28/2024 149432 149474 43 203,749.45 03/28/2024 03/21/2024 149431
04/04/2024 149475 149518 44 314,158.26 04/04/2024 03/28/2024 149474
Accounts Payable checks issued for $20,000 or greater:
Date Check #Dept.Amount
03/28/2024 149433 4Leaf Inc General Fund CDD February 2024 Plan Review 40,229.95
03/28/2024 149447 Daco Construction Inc CIP Street Project Fund PW Pierce Road & Palomino Way Pipe Project 24,800.00
03/28/2024 149462 SCC Fire Department WVCWP Agency Fund WVCWP Annual Facility Inspection Services 20,000.00
03/28/2024 149471 Urban Planning Partners CIP Grant - Adminstration Fund CDD February 2024 Housing Element 27,575.18
03/28/2024 149472 Villalobos & Associates CIP Street Project Fund PW Lomita Ave Storm Line Project 23,540.00
04/04/2024 149505 Shen Qianqi General Fund CDD Deposit Refund ARB19-0059 38,135.43
04/04/2024 149506 SHP Quito Village LLC General Fund PW Commercial Parcel Bond Released SUB20-0004 35,453.50
04/04/2024 149515 Villalobos & Associates CIP Street Project Fund PW Various Locations Curb & Gutter Repairs 64,939.60
Accounts Payable checks voided during this time period:
AP Date Check #Amount
N/A
Ending Check
#
Starting
Check #Type of Checks Date
Prior Check Register
Checks ReleasedTotal Checks Amount
Accounts Payable
Accounts Payable
Fund Purpose
StatusReason Issued to
Issued to
11
SUNGARD PUBLIC SECTOR PAGE NUMBER: 1
DATE: 03/28/2024 CITY OF SARATOGA VENCHK11
TIME: 12:34:46 CHECK REGISTER - FUND TOTALS ACCOUNTING PERIOD: 9/24
FUND FUND TITLE AMOUNT
111 GENERAL FUND 74,726.16
411 CIP STREET PROJECTS FUND 55,037.26
412 CIP PARKS PROJECT FUND 999.00
413 CIP FACILITY PROJECT FUND 1,812.93
434 CIP GRANT - ADMINISTRATN 27,575.18
612 WORKERS COMP FUND 82.00
621 OFFICE SUPPORT 436.39
624 BUILDING MAINTENANCE 9,879.54
713 WVCWP AGENCY FUND 33,200.99
TOTAL REPORT 203,749.45
12
SUNGARD PUBLIC SECTOR PAGE NUMBER: 1
DATE: 03/28/2024 CITY OF SARATOGA VENCHK11
TIME: 12:33:52 CHECK REGISTER ACCOUNTING PERIOD: 9/24
FUND - 009 - DISBURSEMENT FUND
CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT
149432 1422 4LEAF INC. VOID: MULTI STUB CHECK
149433 11111 03/28/24 1422 4LEAF INC. 44491 PLAN CHK#23-2265/66 400.00
149433 11111 03/28/24 1422 4LEAF INC. 44491 PLAN CHK#22-2380/81 1,600.00
149433 11111 03/28/24 1422 4LEAF INC. 44491 PLAN CHECK#24-0215 753.75
149433 11111 03/28/24 1422 4LEAF INC. 44491 PLAN CHECK#24-0217 2,112.03
149433 11111 03/28/24 1422 4LEAF INC. 44491 PLAN CHECK#22-1318 320.00
149433 11111 03/28/24 1422 4LEAF INC. 44491 PLAN CHECK#23-0886/87 720.00
149433 11111 03/28/24 1422 4LEAF INC. 44491 PLAN CHECK#24-0223 1,343.96
149433 11111 03/28/24 1422 4LEAF INC. 44491 PLAN CHECK#24-0231 1,525.87
149433 11111 03/28/24 1422 4LEAF INC. 44491 PLAN CHECK#24-0236 1,687.57
149433 11111 03/28/24 1422 4LEAF INC. 44491 PLAN CHECK#24-0116 513.43
149433 11111 03/28/24 1422 4LEAF INC. 44491 PLAN CHECK#24-0190 1,574.38
149433 11111 03/28/24 1422 4LEAF INC. 44491 PLAN CHECK#23-2187 320.00
149433 11111 03/28/24 1422 4LEAF INC. 44491 PLAN CHECK#23-2487 240.00
149433 11111 03/28/24 1422 4LEAF INC. 44491 PLAN CHECK#24-0287 927.58
149433 11111 03/28/24 1422 4LEAF INC. 44491 PLAN CHECK#23-2842 400.00
149433 11111 03/28/24 1422 4LEAF INC. 44491 PLAN CHECK#24-0234 1,449.06
149433 11111 03/28/24 1422 4LEAF INC. 44491 PLAN CHECK#22-2464 320.00
149433 11111 03/28/24 1422 4LEAF INC. 44491 PLAN CHECK#24-0346 7,549.62
149433 11111 03/28/24 1422 4LEAF INC. 44491 PLAN CHECK#23-2546 240.00
149433 11111 03/28/24 1422 4LEAF INC. 44491 PLAN CHECK#23-1565 320.00
149433 11111 03/28/24 1422 4LEAF INC. 44491 PLAN CHECK#23-1257 520.00
149433 11111 03/28/24 1422 4LEAF INC. 44491 PLAN CHECK#22-1913 600.00
149433 11111 03/28/24 1422 4LEAF INC. 44491 PLAN CHECK#24-0074/75 5,821.29
149433 11111 03/28/24 1422 4LEAF INC. 44491 PLAN CHECK#24-0181 1,699.70
149433 11111 03/28/24 1422 4LEAF INC. 44491 PLAN CHECK#24-0206/07 7,271.71
TOTAL CHECK 40,229.95
149434 11111 03/28/24 1422 4LEAF INC. 64173 PERMIT TECH/INSPECTOR 2,320.80
149435 11111 03/28/24 1566 A JUSTICE DESIGN 61313 FACILITIES UNIFORMS 952.62
149435 11111 03/28/24 1566 A JUSTICE DESIGN 61116 EMPLOYEE RECOGNITION 306.14
TOTAL CHECK 1,258.76
149436 11111 03/28/24 234 A T & T 63211 QUITO IRR MODEM LINE 29.35
149436 11111 03/28/24 234 A T & T 63211 TITUS PRSPECT MED-IRR 29.87
149436 11111 03/28/24 234 A T & T 63211 PROSPECT RD GRACE BLD 57.38
149436 11111 03/28/24 234 A T & T 63211 HISTORICAL PARK IRR 29.87
149436 11111 03/28/24 234 A T & T 63211 SUPERTRUNK 428.05
149436 11111 03/28/24 234 A T & T 63211 BIG BASIN WAY IRR 29.87
TOTAL CHECK 604.39
149437 11111 03/28/24 1130 ABLE SEPTIC TANK SVC 64734 CODY LN PIPE REPAIRS 1,880.00
149438 11111 03/28/24 35 ACCENT GRAPHICS 61111 NAME PLATE/NAME PINS 163.23
149439 11111 03/28/24 56 ACE FIRE EQUIPMENT & SVC 64513 FIRE ALARM INSPECT 918.85
149439 11111 03/28/24 56 ACE FIRE EQUIPMENT & SVC 64513 ANNUAL EXT INSPECT 949.00
149439 11111 03/28/24 56 ACE FIRE EQUIPMENT & SVC 64513 FIRE EXTINGUISHERS 494.65
TOTAL CHECK 2,362.50
149440 11111 03/28/24 66 ADVANCED LISTING SERVICES 22119 ADR24-0006 LISTING 150.00
149441 11111 03/28/24 1187 ASSOCIATED SERVICES COMPA 61133 FACILITIES SUPPLIES 914.21
13
SUNGARD PUBLIC SECTOR PAGE NUMBER: 2
DATE: 03/28/2024 CITY OF SARATOGA VENCHK11
TIME: 12:33:52 CHECK REGISTER ACCOUNTING PERIOD: 9/24
FUND - 009 - DISBURSEMENT FUND
CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT
149442 11111 03/28/24 552 CA DEPARTMENT OF JUSTICE 61111 WVCWP FINGERPRINT 32.00
149443 11111 03/28/24 1779 CINTAS CORPORATION NO.2 61133 FACILITIES SUPPLIES 63.71
149443 11111 03/28/24 1779 CINTAS CORPORATION NO.2 61133 FACILITIES SUPPLIES 128.13
149443 11111 03/28/24 1779 CINTAS CORPORATION NO.2 61133 FACILITIES SUPPLIES 137.20
TOTAL CHECK 329.04
149444 11111 03/28/24 188 CITY OF CAMPBELL 64311 WVCWP 365 CLOUD SVCS 11,083.24
149445 11111 03/28/24 188 CITY OF CAMPBELL 62624 WVCWP 23/24 APR LEASE 2,085.75
149446 11111 03/28/24 562 COUNTY OF SANTA CLARA 62146 FOOD PERMIT-COMM. CTR 1,348.75
149447 11111 03/28/24 1598 DACO CONSTRUCTION 81161 PIERCE/PALOMINO PIPE 24,800.00
149448 11111 03/28/24 342 DATA TICKET INC 62481 FEB 2024 CITATION 110.04
149449 11111 03/28/24 500 DAVID CHENG 22113 DEP REF 03-112 1,431.91
149450 11111 03/28/24 675 ESRI 64323 2024-25 ARC-GIS MAINT 8,032.60
149451 11111 03/28/24 416 EVANS WEST VALLEY SPRAY 81161 ROADSIDE WEED CONTROL 6,000.00
149452 11111 03/28/24 1832 GVP VENTURES, INC(BOB MUR 62411 RECRUITMENT SVCS 377.50
149453 11111 03/28/24 674 JB TROPHIES 61141 CAST BRONZE PLAQUE 521.61
149454 11111 03/28/24 500 JILL HUNTER 24921 VILLAGE GARDENERS RMB 367.01
149455 11111 03/28/24 500 MENG JENNIFER TSENG 22113 DEP BD REF ARB20-0014 9,941.00
149455 11111 03/28/24 500 MENG JENNIFER TSENG 22111 DEP REF ARB20-0014 172.85
TOTAL CHECK 10,113.85
149456 11111 03/28/24 79 MUNISERVICES/AVENU 64154 SUTA SRVC Q3 2023 53.82
149457 11111 03/28/24 1572 NBBM SERVICES, INC 64511 JANITORIAL SERVICES 1,638.00
149457 11111 03/28/24 1572 NBBM SERVICES, INC 64511 JANITORIAL SERVICES 1,876.00
TOTAL CHECK 3,514.00
149458 11111 03/28/24 1324 READYREFRESH 62614 DRINKING WATER SVC 120.84
149459 11111 03/28/24 1092 PALACE ART & OFFICE SUPPL 61111 OFFICE SUPPLIES 7.96
149459 11111 03/28/24 1092 PALACE ART & OFFICE SUPPL 61111 OFFICE SUPPLIES 204.84
149459 11111 03/28/24 1092 PALACE ART & OFFICE SUPPL 61121 COPY PAPER 436.39
149459 11111 03/28/24 1092 PALACE ART & OFFICE SUPPL 61111 OFFICE SUPPLIES 113.45
149459 11111 03/28/24 1092 PALACE ART & OFFICE SUPPL 61111 OFFICE SUPPLIES 8.69
149459 11111 03/28/24 1092 PALACE ART & OFFICE SUPPL 61111 OFFICE SUPPLIES 119.27
149459 11111 03/28/24 1092 PALACE ART & OFFICE SUPPL 66112 WATER/PAPER PLATES 137.16
TOTAL CHECK 1,027.76
149460 11111 03/28/24 500 PAUL SASAKI 43481 DEP REF TRP24-0073 137.00
149461 11111 03/28/24 1338 ROBERT CHAVEZ FENCING 81161 CSP CAGE RMV/RPLC 999.00
149462 11111 03/28/24 1633 SANTA CLARA COUNTY FIRE D 64743 WVCWP INSPECTION SVCS 20,000.00
14
SUNGARD PUBLIC SECTOR PAGE NUMBER: 3
DATE: 03/28/2024 CITY OF SARATOGA VENCHK11
TIME: 12:33:52 CHECK REGISTER ACCOUNTING PERIOD: 9/24
FUND - 009 - DISBURSEMENT FUND
CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT
149463 11111 03/28/24 111 SARATOGA HISTORICAL FOUND 63211 FIRE ALARM BILL REIMB 158.85
149464 11111 03/28/24 160 SIERRA PACIFIC TURF SUPPL 64552 CSP FIELD SUPPLIES 513.22
149465 11111 03/28/24 1394 ST. FRANCIS ELECTRIC, LLC 64211 ANNUAL ST LIGHTS RPR 2,915.30
149465 11111 03/28/24 1394 ST. FRANCIS ELECTRIC, LLC 64211 FEB ADDL ST LIGHTS 742.20
TOTAL CHECK 3,657.50
149466 11111 03/28/24 1246 STATEWIDE TRAFFIC SAFETY 81121 ASPHALT PATCH 697.26
149467 11111 03/28/24 1741 TALISMAN NETWORKS INC. 81161 KSAR NETWORK INSTALL 1,812.93
149468 11111 03/28/24 1261 THE FRUITGUYS 61192 EMPLOYEE WELLNESS 82.00
149469 11111 03/28/24 1610 THE HOME DEPOT PRO 61132 JANITORIAL SUPPLIES 654.93
149469 11111 03/28/24 1610 THE HOME DEPOT PRO 61133 FACILITIES SUPPLIES 387.12
TOTAL CHECK 1,042.05
149470 11111 03/28/24 389 U SAVE ROCKERY 61341 REDWOOD COMPOST 180.90
149471 11111 03/28/24 1707 URBAN PLANNING PARTNERS, 81141 FEB HOUSING ELEMENT 27,575.18
149472 11111 03/28/24 1524 VILLALOBOS & ASSOCIATES 81161 LOMITA AVE STORM LINE 21,400.00
149472 11111 03/28/24 1524 VILLALOBOS & ASSOCIATES 81161 LOMITA AVE STORM LINE 2,140.00
TOTAL CHECK 23,540.00
149473 11111 03/28/24 1091 WEST COAST ARBORISTS, INC 64581 COX AVE TREE MAINT 1,920.00
149474 11111 03/28/24 1571 WORKTERRA 64163 MAR FLEX ADM FEES 200.00
TOTAL FUND 203,749.45
TOTAL REPORT 203,749.45
15
SUNGARD PUBLIC SECTOR PAGE NUMBER: 1
DATE: 04/04/2024 CITY OF SARATOGA VENCHK11
TIME: 12:16:48 CHECK REGISTER - FUND TOTALS ACCOUNTING PERIOD: 10/24
FUND FUND TITLE AMOUNT
111 GENERAL FUND 197,227.52
361 ARROWHEAD BOND 817.50
411 CIP STREET PROJECTS FUND 92,240.91
412 CIP PARKS PROJECT FUND 14,976.40
414 CIP ADMIN PROJECTS FUND 19.75
431 CIP GRANT - STREET REPAIR 4,227.43
622 IT SERVICES 2,573.41
624 BUILDING MAINTENANCE 410.34
713 WVCWP AGENCY FUND 1,665.00
TOTAL REPORT 314,158.26
16
SUNGARD PUBLIC SECTOR PAGE NUMBER: 1
DATE: 04/04/2024 CITY OF SARATOGA VENCHK11
TIME: 12:16:02 CHECK REGISTER ACCOUNTING PERIOD: 10/24
FUND - 009 - DISBURSEMENT FUND
CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT
149475 11111 04/04/24 500 AMIT SRIVATAVA 43117 DEP REF 23-1423 3.20
149475 11111 04/04/24 500 AMIT SRIVATAVA 21932 DEP REF 23-1423 3.60
149475 11111 04/04/24 500 AMIT SRIVATAVA 43477 DEP REF 23-1423 5.05
149475 11111 04/04/24 500 AMIT SRIVATAVA 41412 DEP REF 23-1423 87.18
149475 11111 04/04/24 500 AMIT SRIVATAVA 44491 DEP REF 23-1423 324.22
149475 11111 04/04/24 500 AMIT SRIVATAVA 43471 DEP REF 23-1423 468.10
TOTAL CHECK 891.35
149476 11111 04/04/24 1843 BAY PRINT SOLUTIONS, INC 64831 LAMINATED MAP 700.00
149477 11111 04/04/24 1137 BEAR ELECTRICAL SOLUTIONS 64534 TRAFFIC SIGNAL MAINT 3,102.50
149478 11111 04/04/24 1569 COMCAST 63213 COMCAST (PRIMARY) 571.67
149479 11111 04/04/24 991 COMCAST 63213 COMCAST (TV) 47.92
149480 11111 04/04/24 1369 COMCAST CORPORATION 63213 COMCAST (P2P) 707.58
149481 11111 04/04/24 1688 ENVIRONMENTAL SCIENCE ASS 81141 4TH ST BRIDGE PROJECT 360.81
149481 11111 04/04/24 1688 ENVIRONMENTAL SCIENCE ASS 81141 4TH ST BRIDGE PROJECT 2,784.84
149481 11111 04/04/24 1688 ENVIRONMENTAL SCIENCE ASS 81141 4TH ST BRIDGE PROJECT 186.90
149481 11111 04/04/24 1688 ENVIRONMENTAL SCIENCE ASS 81141 4TH ST BRIDGE PROJECT 1,442.59
TOTAL CHECK 4,775.14
149482 11111 04/04/24 1665 FINE STEEL PRODUCTS, INC. 81161 PARKER RANCH TRAIL 4,290.00
149483 11111 04/04/24 454 GACHINA LANDSCAPE MANAGEM 81161 WARDELL TREE BRANCH 596.00
149484 11111 04/04/24 14 HYDROTEC IRRIGATION EQUIP 64549 GUAVA CT MAINT 241.78
149484 11111 04/04/24 14 HYDROTEC IRRIGATION EQUIP 64548 LIBRARY LEAKING RPR 126.17
149484 11111 04/04/24 14 HYDROTEC IRRIGATION EQUIP 64548 LIBRARY REPLANTING 637.96
TOTAL CHECK 1,005.91
149485 11111 04/04/24 1123 IMPERIAL SPRINKLER SUPPLY 81151 PARKS MAINT SUPPLIES 2,051.40
149486 11111 04/04/24 1066 JAMES LINDSAY 66111 VIL GRD RECOG. LUNCH 570.37
149487 11111 04/04/24 500 JAMES PEDICINI 22113 DEP BD REF ARB17-0018 15,325.00
149487 11111 04/04/24 500 JAMES PEDICINI 22111 DEP REF ARB17-0018 513.85
TOTAL CHECK 15,838.85
149488 11111 04/04/24 500 JAY ANDRE 22113 DEP BD REF ARB18-0024 8,800.00
149488 11111 04/04/24 500 JAY ANDRE 22111 DEP REF ARB18-0024 17.01
TOTAL CHECK 8,817.01
149489 11111 04/04/24 500 JAY DENENBURG 22113 DEP BD REF ARB13-0023 18,040.00
149489 11111 04/04/24 500 JAY DENENBURG 22111 DEP REF ARB13-0023 837.13
TOTAL CHECK 18,877.13
149490 11111 04/04/24 500 JILL HOOVER 22113 DEP BD REF ARB18-0009 14,245.00
149490 11111 04/04/24 500 JILL HOOVER 22111 DEP REF ARB18-0009 437.27
TOTAL CHECK 14,682.27
149491 11111 04/04/24 500 JINSHAN ZHANG 22113 DEP BD REF ARB22-0030 5,450.00
149491 11111 04/04/24 500 JINSHAN ZHANG 22111 DEP REF ARB22-0030 -204.71
TOTAL CHECK 5,245.29
17
SUNGARD PUBLIC SECTOR PAGE NUMBER: 2
DATE: 04/04/2024 CITY OF SARATOGA VENCHK11
TIME: 12:16:02 CHECK REGISTER ACCOUNTING PERIOD: 10/24
FUND - 009 - DISBURSEMENT FUND
CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT
149492 11111 04/04/24 499 CARPENTERS LOCAL 2236 (MI 21262 DED:3000 DUES 260.00
149493 11111 04/04/24 1164 MOUSER LAW FIRM 65282 WVCWP LEGAL SERVICES 1,665.00
149494 11111 04/04/24 110 NBS-GOVT FINANCE GROUP 71124 2024-Q2 ADMIN FEES 817.50
149495 11111 04/04/24 1062 NI GOVERNMENT SERVICES, I 63211 02/24 AIRTIME 90.14
149496 11111 04/04/24 1745 ODP BUSINESS SOLUTIONS, L 61111 OFFICE SUPPLIES 147.23
149497 11111 04/04/24 1070 OMEGA INDUSTRIAL SUPPLY, 61331 ROAD MAINT SUPPLIES 738.41
149498 11111 04/04/24 1087 OSCAR URVIZO TELLEZ/OSCAR 64544 WILDWOOD PK TREES 7,250.00
149498 11111 04/04/24 1087 OSCAR URVIZO TELLEZ/OSCAR 64544 WILDWOOD PK TREES 4,975.00
149498 11111 04/04/24 1087 OSCAR URVIZO TELLEZ/OSCAR 64544 WILDWOOD PK TREES 1,200.00
TOTAL CHECK 13,425.00
149499 11111 04/04/24 173 PACIFIC GAS & ELECTRIC 63111 BUILDINGS 302.36
149499 11111 04/04/24 173 PACIFIC GAS & ELECTRIC 63111 VILLAGE LIGHTING 9.73
149499 11111 04/04/24 173 PACIFIC GAS & ELECTRIC 63111 PARKS/OPEN SPACE 45.25
TOTAL CHECK 357.34
149500 11111 04/04/24 173 PACIFIC GAS & ELECTRIC 63111 BUILDINGS (MUSEUM) 107.98
149501 11111 04/04/24 173 PACIFIC GAS & ELECTRIC 63111 MONTE VISTA DRIVE 13.46
149502 11111 04/04/24 500 PAMELA MOMROW 43481 DEP REF APTR24-0002 255.00
149503 11111 04/04/24 500 PAUL MASON 22113 DEP BD REF ARB18-0026 14,500.00
149503 11111 04/04/24 500 PAUL MASON 22111 DEP REF ARB18-0026 -568.75
TOTAL CHECK 13,931.25
149504 11111 04/04/24 97 SANTA CLARA VALLEY WATER 63112 WATER 7/1-12/31/23 4,680.17
149505 11111 04/04/24 500 SHEN QIANQI 22113 DEP BD REF ARB19-0059 37,800.00
149505 11111 04/04/24 500 SHEN QIANQI 22111 DEP REF ARB19-0059 335.43
TOTAL CHECK 38,135.43
149506 11111 04/04/24 500 SHP QUITO VILLAGE LLC 22113 DEP BD REF SUB20-0004 35,453.50
149507 11111 04/04/24 500 SIN YONG 22111 DEP REF ARB14-0035 2,035.00
149508 11111 04/04/24 313 BAY AREA NEWS GROUP 62132 LL0006806756 1,954.24
149508 11111 04/04/24 313 BAY AREA NEWS GROUP 62132 LL0006808041 565.44
149508 11111 04/04/24 313 BAY AREA NEWS GROUP 62132 LL0006806759 523.28
TOTAL CHECK 3,042.96
149509 11111 04/04/24 1842 SMALL BEES 64549 BEEHIVE REMOVAL 612.50
149510 11111 04/04/24 248 STATE OF CA FRANCHISE TAX 21252 DED:2011 FTB W/H 50.00
149511 11111 04/04/24 500 SUNPOWER CORPORATION SYST 43117 DEP REF 23-1754 16.55
149511 11111 04/04/24 500 SUNPOWER CORPORATION SYST 41412 DEP REF 23-1754 30.65
149511 11111 04/04/24 500 SUNPOWER CORPORATION SYST 43471 DEP REF 23-1754 301.93
TOTAL CHECK 349.13
18
SUNGARD PUBLIC SECTOR PAGE NUMBER: 3
DATE: 04/04/2024 CITY OF SARATOGA VENCHK11
TIME: 12:16:02 CHECK REGISTER ACCOUNTING PERIOD: 10/24
FUND - 009 - DISBURSEMENT FUND
CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT
149512 11111 04/04/24 343 TMT ENTERPRISES INC 64552 INFIELD MIX 3,056.90
149513 11111 04/04/24 500 VIJAY RAGHAVEDRA 22113 DEP BD REF ARB18-0027 11,670.00
149513 11111 04/04/24 500 VIJAY RAGHAVEDRA 22111 DEP REF ARB18-0027 -484.47
TOTAL CHECK 11,185.53
149514 11111 04/04/24 1524 VILLALOBOS & ASSOCIATES 81161 SARAHILLS/MYREN RPR 15,416.00
149514 11111 04/04/24 1524 VILLALOBOS & ASSOCIATES 81161 SARAHILLS/MYREN RPR 1,541.60
TOTAL CHECK 16,957.60
149515 11111 04/04/24 1524 VILLALOBOS & ASSOCIATES 81161 SARA CURB/GUTTER RPR 59,036.00
149515 11111 04/04/24 1524 VILLALOBOS & ASSOCIATES 81161 SARA CURB/GUTTER RPR 5,903.60
TOTAL CHECK 64,939.60
149516 11111 04/04/24 1524 VILLALOBOS & ASSOCIATES 81161 PARKER RANCH TRAIL 7,850.00
149516 11111 04/04/24 1524 VILLALOBOS & ASSOCIATES 81161 PARKER RANCH TRAIL 785.00
TOTAL CHECK 8,635.00
149517 11111 04/04/24 1524 VILLALOBOS & ASSOCIATES 81161 VISTA ARROYO WALL 9,200.00
149518 11111 04/04/24 1678 WILINE NETWORKS INC. 64312 ISP ANNUAL SVC APR 24 1,246.24
TOTAL FUND 314,158.26
TOTAL REPORT 314,158.26
19
SARATOGA CITY COUNCIL
MEETING DATE:April 17, 2024
DEPARTMENT:Community Development
PREPARED BY:Frances Reed, Administrative Analyst
SUBJECT:Authorize Geographic Information Systems (GIS)Data Use Agreement-
Memorandum of Understanding (MOU)with Santa Clara County for
Emergency Services
RECOMMENDED ACTION:
Authorize the City Manager to execute the Geographic Information Systems (GIS)Data Use
Agreement-Memorandum of Understanding (MOU)with Santa Clara County.
BACKGROUND:
Santa Clara County continuously works on improving emergency services response time and
location accuracy. Recent efforts have turned toward building a dynamic map of city-sourced
address points for the county 9-1-1 dispatch system. GIS data now makes this system
standardized and easy to maintain and the county created the Regional Address Map for Public
Safety (RAMPS)for this purpose.This data-share agreement allows Saratoga to contribute to
RAMPS addresses quarterly.
DISCUSSION:
Saratoga’s GIS contractor, Lynx Technologies already manages other Santa Clara County cities’
data share and would do the same for the City of Saratoga.
FISCAL IMPACT:
None.
ATTACHMENTS:
Attachment A -Proposed GIS data Use Agreement
20
MEMORANDUM OF UNDERSTANDING
BETWEEN THE COUNTY OF SANTA CLARA
AND THE CITY OF SARATOGA
This Memorandum of Understanding (“MOU”) is entered into by and between the
County of Santa Clara (“County”) and City of Saratoga (“City”) (collectively the “Parties,” and
each a “Party”) to govern the sharing of address information.
WHEREAS, the City is a public agency that maintains address information for all
addresses within the City’s incorporated areas; and
WHEREAS, the County requires accurate address information to conduct its government
activities and provide services to the public, such as conducting the decennial census and
providing and expanding law enforcement and emergency dispatching services; and
WHEREAS, the City and County desire to work together to effect the County’s access to
such data;
NOW, THEREFORE, the City and County agree as follows:
I. TERM OF AGREEMENT
The MOU shall be effective upon execution by all Parties. The MOU shall remain in effect until
five years from the date of the execution of the MOU, unless earlier terminated by one of the
Parties pursuant to Section III(B) “Termination.”
II. GIS DATA OWNERSHIP, TRANSMISSION, AND USE
A. GIS Data. Upon execution of this MOU and approval by County, the City will
provide County with access to address information in Geographic Information Systems (GIS)
format for all addresses within the City’s incorporated areas (“GIS Data”). The City will make
GIS Data available to County for use under the terms of this MOU. However, City does not
provide any warranty with respect to the accuracy of the GIS Data provided to the County.
B. Ownership. The City retains ownership of the GIS Data and hereby grants
County a worldwide, royalty-free, non-transferable, non-exclusive license to use GIS Data for
the purposes outlined in this MOU; County does not claim any right, title, or ownership of GIS
Data.
C. Transmission. City will provide GIS Data to the County on at least a quarterly
basis via a public website, email, or other method agreed to by the Parties. City will not have
direct access, remote or otherwise, to any County data system.
D. GIS Data Use. County may use GIS Data in conducting its government
activities, which includes fulfilling its mission of providing services to the public. County may
also release GIS Data to other cities, public and private entities, and the public.
21
2
III. GENERAL PROVISIONS, TERMINATION, REMEDIES, AND GOVERNING
LAW
A. Entire Agreement. This MOU supersedes any prior oral or written
understanding or communications between the Parties and constitutes the entire agreement of the
Parties with respect to the subject matter hereto. This MOU may not be amended or modified,
nor any of its provisions waived, except in a written document signed by an authorized
representative of both Parties.
B. Termination. Either Party may terminate this MOU for any reason by providing
the other Party with at least 90 days’ prior written notice of such termination. Upon termination
of the MOU, the City shall have no further obligation to provide GIS Data to County pursuant to
this MOU.
C. Assignment of Rights. No Party may assign its rights under this MOU without
the express written permission of the other Party. Any assignment that does not comply with this
provision will be deemed null and void.
D. Notice. Notice may be provided via electronic mail with confirmation of delivery
or via certified mail to the other Party. Each party may designate a different person and address
by sending written notice to the other party, to be effective no sooner than ten (10) days after the
date of the notice.
County:
Yoko Myers
IT Manager
County of Santa Clara, Technology Services and Solutions
150 W. Tasman Drive
San Jose, CA 95134
Yoko.Myers@isd.sccgov.org
City:
James Lindsay
City Manager
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
jlindsay@saratoga.ca.us
E. California Public Records Act. The County is a public agency subject to the
disclosure requirements of the California Public Records Act (“CPRA”). If City’s proprietary
information is contained in documents or information submitted to the County, and City claims
that such information falls within one or more CPRA exemptions, City must clearly mark such
information “CONFIDENTIAL AND PROPRIETARY,” and identify the specific lines
containing the information. In the event of a request for such information, the County will make
22
3
best efforts to provide notice to City prior to disclosure. If City contends that any documents are
exempt from the CPRA and wishes to prevent disclosure, it is required to obtain a protective
order, injunctive relief or other appropriate remedy from a court of law in Santa Clara County
before the County is required to respond to the CPRA request. If City fails to obtain such
remedy within the time the County is required to respond to the CPRA request, the County may
disclose the requested information.
F. Governing Law and Venue. This MOU shall be construed, performed, and
enforced in accordance with the laws of the State of California, without giving effect to its
principles or rules of conflict of laws to the extent such principles or rules would require or
permit the application of the laws of another jurisdiction. Proper venue for legal action regarding
this MOU shall be vested exclusively in state or federal court in the County of Santa Clara. The
parties agree that subject matter and personal jurisdiction are proper in state or federal court in
Santa Clara County. Parties waive all venue and jurisdiction objections.
G. Counterparts. This MOU may be executed in counterparts, each of which shall
be deemed an original, and all of which, together, shall constitute one and the same instrument.
H. Electronic Signatures. The Parties agree that an electronic copy of a signed
contract, or an electronically signed contract, has the same force and legal effect as a contract
executed with an original ink signature. The term “electronic copy of a signed contract” refers to
a transmission by facsimile, electronic mail, or other electronic means of a copy of an original
signed contract in a portable document format. The term “electronically signed contract” means
a contract that is executed by applying an electronic signature using technology approved by the
County.
COUNTY OF SANTA CLARA CITY OF SARATOGA
________________________________ ________________________________
Greta Hansen Date James Lindsay Date
Chief Operating Officer Saratoga City Manager
APPROVED AS TO FORM AND LEGALITY
_______________________________
Tara Lundstrom Date
Deputy County Counsel
23
SARATOGA CITY COUNCIL
MEETING DATE:April 17,2024
DEPARTMENT:Public Works Department
PREPARED BY:M. Leah Cabute, Environmental Program Manager
SUBJECT:Ordinance Amending Articles 7-05 (Discarded Material Disposal) and 17-
10 (Mandatory Organic Waste Disposal Reduction) and Adopting Article
17-15 (Construction and Demolition Debris Diversion) of the Saratoga City
Code.
RECOMMENDED ACTION:
Introduce and waive the first reading of an ordinance amending Articles 7-05, (Discarded Material
Disposal) and 17-10 (Mandatory Organic Waste Disposal Reduction) and adopting Article 17-
15 (Construction and Demolition Debris Diversion) as required by the State of California and
direct staff to place the Ordinance on the Consent Calendar of the next regular meeting of the City
Council for adoption.
BACKGROUND:
According to California’s Department of Resources Recycling and Recovery (CalRecycle),
construction and demolition (C&D) generates significant amounts of wood waste and that
repurposing of construction debris, including lumber, prevents wasteful decay in landfills where it
converts into methane.
Enacted in 1989, the Integrated Waste Management Act requires local governments to prepare,
adopt, implement, and maintain plans to reduce waste disposal in landfills. Initially, the Integrated
Waste Management Act required California cities, counties and approved regional solid waste
management agencies responsible for enacting plans and implementing programs to divert 25
percent of their solid waste by 1995 and 50 percent by year 2000, along with a process to ensure
environmentally safe disposal of waste that could not be diverted. Later legislation mandated a 50
percent diversion requirement be achieved every year and in January 2017, the state increased the
required diversion rate to a minimum of 65 percent.To comply with the January 2017 state
diversion requirements, Saratoga manually collected and processed weight tags. Starting in 2019,
Saratoga began using the web-based Green Halo System to document and monitor compliance
with state mandated standards. Saratoga continues to contract with Green-Halo at this time.
Saratoga is a member of the West Valley Solid Waste Management Authority (WVSWMA), a
joint powers agency providing solid waste management services to Saratoga, Campbell, Los Gatos
and Monte Sereno through a franchise agreement with an exclusive hauler, West Valley Collection
24
& Recycling (WVC&R). Over the last 14 years, the WVSWMA has had an agreement with
WVC&R for the exclusive collection and transport of C&D debris within the member agency
cities.
At the December 5, 2022, WVSWMA Board Meeting, the Board approved discontinuing C&D
collection as an exclusive service provided by WVC&R and establish a non-exclusive system for
the collection and recycling of C&D. At the September 7, 2023, WVSWMA Board Meeting, the
Executive Director presented a recommendation to manage C&D materials effectively, allowing
for a competitive market, improved services, compliance with state and local requirements, and
more accurate reporting. The Board accepted the recommendation and instructed WVSWMA staff
to develop regulatory documents and criteria for selecting C&D collection contractors and certified
C&D processing facilities. WVSWMA will develop a Non-exclusive C&D Collection Services
Agreement with each C&D collection contractor selected. Self-hauling will continue under this
new process.
Attached to this staff report is the ordinance amending Articles 7-05 and 17-10 and adopting
Article 17-15 of the Saratoga City Code. Changes in the codes are noted in the sections below:
Sections 7-05 Discarded Material and C&D Debris Disposal
7-05.050 Processing of discarded material and C&D debris containers.
7-05.060 Burning discarded materials of C&D debris.
7-05.070 Public property.
7-05.080 Unauthorized collection of discarded material or C&D debris.
7.05.090 Interfering with collection of discarded material or C&D debris.
7-05.100 Unauthorized deposit of discarded material or C&D debris.
7-05.120 Contract.
Sections 17-10 Mandatory Organic Waste Disposal Reduction
17-10.010 Definitions.
17-10.020 Commercial and multi-family requirements.
17-10.040 Hauler and facility operator requirements.
17-10.045 Self-hauler requirements
17-10.070 Enforcement.
Article 17-15 Construction and Demolition Debris Diversion
17-15.010 Covered projects.
17-15.020 Requirements to divert C&D debris.
17-15.030 Deconstruction, salvage and recovery.
17-15.040 Approved C&D processing facilities.
17-15.050 Reporting.
ATTACHMENT:
Attachment A – Ordinance Amending Articles 7-05 and 17-10 and Adopting Article 17-15
25
ORDINANCE NO.
AN ORDINANCE AMENDING ARTICLES 7-05 (DISCARDED MATERIAL
DISPOSAL) AND 17-10 (MANDATORY ORGANIC WASTE DISPOSAL REDUCTION)
AND ADOPTING ARTICLE 17-15 (CONSTRUCTION AND DEMOLITION DEBRIS
DIVERSION) OF THE SARATOGA CITY CODE
The City Council of the City of Saratoga hereby ordains as follows:
Findings
1.The City of Saratoga wishes to amend and adopt certain provisions of the City Code
concerning discarded material disposal, mandatory organic waste disposal reduction, and
construction and demolition debris diversion in order to conform with the policies and
practices of the West Valley Solid Waste Management Authority.
2. The City Council held a duly noticed public hearing on April 17, 2024, and after
considering all testimony and written materials provided in connection with that hearing
introduced this ordinance and waived the reading thereof.
Therefore, the City Council of the City of Saratoga hereby ordains as follows:
Section 1.Adoption.
The Saratoga City Code is amended as set forth in Attachment A. Text to be added is indicated in
bold double-underlined font (e.g., bold double-underlined) and text to be deleted is indicated in
strikeout font (e.g., strikeout). Text in standard font is readopted by this ordinance. Text in italics
(e.g., italics) is descriptive only and is not part of the amendments to the City Code.
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
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to CEQA. In this circumstance the amendments to the existing City Code address only
administration of the waste disposal system and would have a de minimis impact on the
environment.
Section 4. Publication.
A summary of this ordinance shall be published in a newspaper of general circulation of the City
of Saratoga within fifteen days after its adoption.
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 17
th day of April, 2024and was
adopted by the following vote on May 1, 2024
AYES:
NOES:
ABSENT:
ABSTAIN:
Yan Zhao, Mayor
ATTEST:
Britt Avrit, MMC, City Clerk
APPROVED AS TO FORM:
_____________________________DATE: ________________________
Richard Taylor
CITY ATTORNEY
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ATTACHMENT A
Chapter 7
HEALTH AND SANITATION
Article 7-05 DISCARDED MATERIAL AND C&D DEBRIS DISPOSAL
7-05.010 Purpose of Article.
This Article is determined and declared to be a health, sanitary and safety measure necessary for the
promotion, protection and preservation of the health, safety and general welfare of the people of the City.
7-05.020 Definitions.
For the purposes of this Article, the terms used in this Article shall have the meanings set forth in Article 17-
10, unless the context or the provision clearly requires otherwise.
7-05.030 Mandatory discarded material collection service.
All residents, property owners, and businesses shall comply with the Mandatory Organic Waste Disposal
Reduction ordinance set forth in Article 17-10.
7-05.040 Frequency of disposal.
No more than one week's accumulation of discarded materials shall be kept or permitted to remain upon any
premises in the City. At least once a week, all discarded materials produced, kept, deposited, placed or
accumulated upon any premises in the City shall be disposed of in accordance with Article 17-10.
7-05.050 Discarded material and C&D debris containers.
(a)All discarded material containers shall be kept in a sanitary condition, continuously closed with a tight fitting
cover.
(b)No discarded materials container shall be placed at curbside or other location visible to the public prior to
12:00 noon on the day preceding the day on which the contents of the container are scheduled to be picked
up , and all containers shall be removed from the curbside or other location visible to the public not later
than 12:00 noon on the day following the day on which the contents of the discarded materials container
has been picked up by the exclusive hauler.
(c)Except during the period of time specified in Paragraph (b) of this Section, no discarded materials container
may be placed, kept or stored within any front yard or exterior side yard and all containers shall be fully
screened from public view by a structure, fence, wall or landscaping.
(d)No discarded materials container shall be placed in any manner such that the container impedes normal,
unobstructed vehicular traffic, but may be placed in bike plans pursuant to section 7-05.100, public
transportation, pedestrian, or wheelchair access to public rights-of-way.
(e)All C&D debris shall be containerized in roll-off containers. Such containers shall be kept in a suitable
location upon such premises, readily accessible to the collector. C&D debris containers shall not be placed
on a public right-of-way or private alley.
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7-05.060 Burning solid waste discarded materials or C&D debris.
No discarded materials or C&D debris may be burned upon any premises within the City, except as
specifically authorized by a permit issued by the Bay Area Air Pollution Control District and as permitted by the
chief of the fire district within which the premises is located.
7-05.070 Public property.
No person shall deposit, accumulate, store or burn any type of discarded materials or C&D debris upon
public streets, public parks or other public property, except as produced incident to the authorized use of such
public property which shall be deposited in designated containers for collection.
7-05.080 Unauthorized collection of discarded material or C&D debris.
(a)The exclusive hauler shall have the sole and exclusive right for discarded materials collection services
provided for in this code for all residential, multi-family, and commercial businesses located within the
City, with the following exceptions:
(1)Collection and transport of recyclable materials and organic materials other than edible food
that have been source separated from solid waste by the generator and that: (i) generator
sells or donates to any other person, provided that there is no net payment made by the
generator to such other person; or, (ii) have a value equal to or more than the cost of
collection.
(2)Commercial business owner or resident may collect and transport discarded materials for
processing generated in or on their own premises with their own vehicle. However, the owner
or resident shall be required to subscribe to and pay for the minimum required level of
discarded materials collection service provided by the exclusive hauler.
(3)Any items that are source separated at any premises by the generator and sold or donated to
other persons, including youth, civic, or charitable organizations.
(4)Edible food that is collected from a generator by other person(s), such as a person from a food
recovery organization or food recovery service, for the purposes of food recovery, or that is
transported by the generator to another person(s), such as a person from a food recovery
organization, for the purposes of food recovery, regardless of whether the generator donates,
sells, or pays a fee to the other person(s) to collect or receive the edible food from the
generator.
(5)Food scraps that are separated by the generator and used by the generator or distributed to
other person(s) for lawful use as animal feed, in accordance with 14 CCR Section
18983.1(b)(7). Food scraps intended for animal feed may be self-hauled by generator or
hauled by another party.
(6)Containers delivered for recycling under the California Beverage Container Recycling and
Litter Reduction Act, Section 14500, et seq. California Public Resources Code.
(7)Discarded materials removed from a premises by a contractor (e.g., gardener, landscaper,
tree-trimming service, residential clean-out service) as an incidental part of the service being
performed, rather than as a separately contracted or subcontracted hauling service; or if such
contractor is providing a service that is not provided by the exclusive hauler.
(8)Organic materials composted on a residential premises or otherwise legally managed at the
site where it is generated or at a community composting site.
(9)Animal waste and remains from slaughterhouse or butcher shops, or grease.
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(10)By-products of sewage treatment, including sludge, sludge ash, grit, and screenings.
(11)Excluded materials regardless of their source.
(12)Materials generated by State and County facilities located in the City, including but not limited
to public schools, provided that the facility self-hauls, has arranged services with other persons,
or has arranged services with the contractor through a separate agreement.
No person shall collect any discarded material produced, kept or accumulated within the City, unless such person
is an agent or employee of the City acting within the course and scope of his employment, or is the exclusive
hauler.
(b) No person shall collect C&D debris produced, kept or accumulated within the City,
unless such person holds a valid and current contract with the Regional Agency or is an agent
or employee of the City acting within the course and scope of their employment provided,
however, that C&D debris may be self-hauled by the generator.
7-05.090 Interfering with collection of discarded material or C&D debris.
No person shall, in any manner, interfere with the performance of discarded material or C&D debris
collection services being rendered by the exclusive or a C&D hauler, or by an agent or employee of the City acting
within the course and scope of his employment, Performing or retaining a third party to perform any such
collection service by a person who is not authorized shall constitute a violation of this Section.
7-05.100 Unauthorized deposit of discarded material or C&D debris.
(a)It shall be unlawful to deposit, place or accumulate, or allow the deposit, placement or accumulation upon a
premises for pick up by the exclusive hauler, any discarded material produced from another premises where
such action results in the avoidance or reduction of any collection service charges that would otherwise be
payable for collection of such discarded material from the premises at which it was produced.
(b)It shall be unlawful to deposit or place any discarded material or C&D debris into a container or dumpster for
pick up by the exclusive or a C&D hauler, without permission to do so from the person owning, renting or
otherwise entitled to use such container receptacle.
(c)It shall be unlawful to deposit or place any discarded material or C&D debris upon any public or private
premises without permission to do so from the owner or legal occupant of such premises. The exclusive
hauler for collection of discarded materials is granted by the City the rights to encroach on the public right-
of-way, including if necessary, bike lanes, for that period during which containers are permitted to be
placed by the exclusive hauler’s customers in such right of way for curbside collection from a residential or
commercial premises during specific times of collection as prescribed in the agreement entered into by the
exclusive hauler and the Regional Agency.
7-05.110 Violations of Article; infraction offense.
The violation of any provision contained in this Article is hereby declared to be unlawful and shall constitute
an infraction and a public nuisance, subject to the penalties as prescribed in Chapter 3 and Article 17-10 of this
Code.
7-05.120 Contract.
(a)For the collection, disposal, and processing of discarded materials, a contract may be entered into by the
City or Regional Agency in accordance with the terms and conditions of this chapter.
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(b)For the collection and transport of C&D debris, an exclusive or non-exclusive contract may be entered into
by the City or Regional Agency in accordance with the terms and conditions of this chapter. The Regional
Agency may impose a limit on the number of non-exclusive C&D haulers.
Article 17-10 MANDATORY ORGANIC WASTE DISPOSAL REDUCTION
17-10.05 Purpose of Article.
(a)State recycling law, Assembly Bill 939 of 1989, the California Integrated Waste Management Act of 1989
(California Public Resources Code Section 40000, et seq., as amended, supplemented, superseded, and
replaced from time to time), requires cities and counties to reduce, reuse, and recycle (including composting)
solid waste generated in their city to the maximum extent feasible before any incineration or landfill disposal
of waste, to conserve water, energy, and other natural resources, and to protect the environment.
(b)State recycling law, Assembly Bill 341 of 2011 (amending Sections 41730, 41731, 41734, 41735, 41736,
41800, 42926, 44004, and 50001 of, and adopting Sections 40004, 41734.5, and 41780.01 and Chapter 12.8
(commencing with Section 42649) to Part 3 of Division 30 of, and added and repealed Section 41780.02 of,
the Public Resources Code, as amended, supplemented, superseded and replaced from time to time), places
requirements on commercial and multi-family property owners to arrange for recycling services and on local
governments to implement a commercial and multi-family solid waste recycling program.
(c)State organics recycling law, Assembly Bill 1826 of 2014 (approved by the Governor of the State of California
on September 28, 2014, which added Chapter 12.9 (commencing with Section 42649.8) to Part 3 of Division
30 of the Public Resources Code, relating to Solid Waste, as amended, supplemented, superseded, and
replaced from time to time), requires commercial businesses and multi-family property owners or managers
that generate a specified threshold amount of organic waste per week to arrange for recycling services for
that organic waste; requires cities to implement a recycling program to divert organic waste from
commercial businesses and multi-family premises subject to the law; and requires cities to report to
CalRecycle on their progress in implementing an organic waste recycling program.
(d)SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires CalRecycle to develop regulations
to reduce organics in landfills as a source of methane. The regulations place requirements on multiple
entities including cities, counties, special districts, residential households, commercial businesses and
business owners, multi-family property owners or managers, commercial edible food generators, haulers,
self-haulers, food recovery organizations, and food recovery services to support achievement of statewide
organic waste disposal reduction targets.
(e)SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires cities, counties, and special
districts that provide Solid Waste collection services jurisdictions to adopt and enforce an ordinance or
enforceable mechanism to implement relevant provisions of SB 1383 Regulations. The ordinance adopting
this Article satisfies that requirement and will also help reduce food insecurity by requiring commercial
edible food generators to arrange to have the maximum amount of their edible food, that would otherwise
be disposed, be recovered for human consumption.
(f)This Article shall take effect January 1, 2022.
17-10.010 Definitions.
(a)Approved C&D processing facility means any of the facilities, used to process C&D debris, that have been
approved by the Regional Agency.
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(b)California Code of Regulations or CCR means the State of California Code of Regulations. CCR references in
this Article are preceded with a number that refers to the relevant Title of the CCR (e.g., "14 CCR" refers to
Title 14 of CCR).
(cb)CalRecycle means California's Department of Resources Recycling and Recovery, which is the Department
designated with responsibility for developing, implementing, and enforcing SB 1383 Regulations on cities,
counties, special districts, and other regulated entities.
(dc)City means the City of Saratoga, California, a political subdivision of the State of California, and its duly
authorized representatives.
(ej)City enforcement official means the City manager, or other executive in charge or their authorized
designee(s) who is/are partially or whole responsible for enforcing the Article. See also "Regional or County
Agency Enforcement Official."
(fd)Commercial business or commercial means a non-residential premises including a firm, partnership,
proprietorship, joint-stock company, corporation, or association where business activity is conducted
including, but not limited to, retail sales, services, wholesale operations, manufacturing, and industrial
operations, but excluding businesses conducted upon residential property that are permitted under
applicable zoning regulations and are not the primary use of the property, whether for-profit or nonprofit,
strip mall, or industrial facility, or as otherwise defined in 14 CCR Section 18982(a)(6), with the exception
that multi-family is excluded from the definition of commercial. means a firm, partnership, proprietorship,
joint-stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial
facility, or a multifamily residential dwelling with five or more units, or as otherwise defined in 14 CCR
Section 18982(a)(6); with the exception that multi-family is excluded from this definition. A multi-family
residential dwelling that consists of fewer than five units is not a commercial business for purposes of
implementing this Article.
(ge)Commercial edible food generator includes a tier one or a tier two commercial edible food generator as
defined in this Article or as otherwise defined in 14 CCR Section 18982(a)(73) and (a)(74). For the purposes of
this definition, food recovery organizations and food recovery services are not commercial edible food
generators pursuant to 14 CCR Section 18982(a)(7).
(hf)Community composting means any activity that composts green material, agricultural material, food
material, and vegetative food material, alone or in combination, and the total amount of feedstock and
Compost on-site at any one time does not exceed one hundred cubic yards and seven hundred fifty square
feet, as specified in 14 CCR Section 17855(a)(4); or, as otherwise defined by 14 CCR Section 18982(a)(8).
(ig)Compliance review means a review of records by the City to determine compliance with this Article.
(jh)Compost has the same meaning as in 14 CCR Section 17896.2(a)(4), which stated, as of the effective date of
this Article, that "Compost" means the product resulting from the controlled biological decomposition of
organic solid wastes that are source separated from the municipal solid waste stream, or which are
separated at a centralized facility.
(ki)Compostable plastics or compostable plastic means plastic materials that meet the ASTM D6400 standard
for compostability, or as otherwise described in 14 CCR Section 18984.1(a)(1)(A) or 18984.2(a)(1)(C).
(lj)Container contamination or contaminated container means a container, regardless of color, that contains
prohibited container contaminants, or as otherwise defined in 14 CCR Section 18982(a)(55).
(mk)County means the County of Santa Clara, California.
(nl)County Agency Enforcement Official means an authorized designee of the County of Santa Clara in the
Public Health Department or other departments who is/are partially or whole responsible for enforcing this
Article.
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(om)Customer means the person who receives the collection contractor's services and to whom the
contractor/City submits its billing invoice to and collects payment from for collection services provided to a
premises. The customer may be either the occupant, owner, or property manager other designated
responsible person by the owner of the premises, as allowed under the City Code.
(pn)Construction and demolition debris or C&D debris means discarded building materials, packaging, debris,
and rubble resulting from construction, alteration, remodeling, repair or demolition operations on any
pavements, excavation projects, houses, commercial buildings, or other structures, excluding excluded
materials and universal waste. C&D debris includes rocks, soils, tree remains, and other yard trimmings
that result from land clearing or land development operations in preparation for construction.C&D means
construction and demolition debris.
(q)C&D hauler means the collection contractor that has been granted the exclusive or non-exclusive rights to
collect C&D debris in the City through the agreement entered into by the collection contractor and the
Regional Agency.
(r)Covered project means and includes any project that meets the thresholds set forth in section 17-15.10.
(so)Designee means an entity that the City contracts with or otherwise arranges to carry out any of the City's
responsibilities of this Article as authorized in 14 CCR Section 18981.2. A designee may be a government
entity, a hauler, a private entity, or a combination of those entities.
(tp)Discarded materials means recyclable materials, organic materials, and solid waste discarded by a generator
for the purposes of collection and/or self-hauling, excluding excluded waste.
(u)Disposal or dispose (or any variation thereof) means the final disposition of solid waste or processing
residue at a disposal facility.
(v)Dwelling unit means any individual living unit in a single-family dwelling, multi-family dwelling, structure
or building, mobile home, or motor home located on a permanent site intended for, or capable of being
utilized for, residential living other than a hotel or motel.
(qw)Edible food means food intended for human consumption, or as otherwise defined in 14 CCR Section
18982(a)(18). For the purposes of this Article or as otherwise defined in 14 CCR Section 18982(a)(18), "Edible
Food" is not solid waste if it is recovered and not discarded. Nothing in this Article or in 14 CCR, Division 7,
Chapter 12 requires or authorizes the recovery of edible food that does not meet the food safety
requirements of the California Retail Food Code.
(rx)Enforcement action means an action of the City or Regional Agency to address non-compliance with this
Article including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.
(sy)Excluded waste means hazardous substance, hazardous waste, infectious waste, designated waste, volatile,
corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances or material that
facility operator(s), which receive materials from the City and its generators, reasonably believe(s) would, as
a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, State, or Federal law,
regulation, or ordinance, including: land use restrictions or conditions, waste that cannot be disposed of in
Class III landfills or accepted at the facility by permit conditions, waste that in City's, its designee's, or
Regional Agency's reasonable opinion would present a significant risk to human health or the environment,
cause a nuisance or otherwise create or expose the City, its designee, or Regional Agency's to potential
liability; but not including de minimis volumes or concentrations of waste of a type and amount normally
found in single-family or multi-family solid waste after implementation of programs for the safe collection,
processing, recycling, treatment, and disposal of batteries and paint in compliance with Sections 41500 and
41802 of the California Public Resources Code. Excluded Waste does not include used motor oil and filters,
and household batteries when such materials are defined as allowable materials for collection through the
City's collection programs and the generator or customer has properly placed the materials for collection
pursuant to instructions provided by City, Regional Agency, or exclusive hauler for collection services.
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(tz)Exclusive hauler means the collection contractor that has been granted the exclusive rights to collect
recyclable materials, organic materials, and solid waste, and C&D in the City through the agreement entered
into by the collection contractor and the Regional Agency").
(uaa)Food distributor means a company that distributes food to entities including, but not limited to,
supermarkets and grocery stores, or as otherwise defined in 14 CCR Section 18982(a)(22).
(vbb)Food facility has the same meaning as in Section 113789 of the Health and Safety Code.
(wcc)Food recovery means actions to collect and distribute food for human consumption that otherwise would be
disposed, or as otherwise defined in 14 CCR Section 18982(a)(24).
(xdd)Food recovery organization means an entity that engages in the collection or receipt of edible food from
commercial edible food generators and distributes that edible food to the public for food recovery either
directly or through other entities or as otherwise defined in 14 CCR Section 18982(a)(25), including, but not
limited to:
(1)A food bank as defined in Section 113783 of the Health and Safety Code;
(2)A nonprofit charitable organization as defined in Section 113841 of the Health and Safety code; and,
(3)A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety
Code.
A food recovery organization is not a commercial edible food generator for the purposes of this Article and
implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).
If the definition in 14 CCR Section 18982(a)(25) for Food Recovery Organization differs from this definition,
the definition in 14 CCR Section 18982(a)(25) shall apply to this Article.
(yee)Food recovery service means a person or entity that collects and transports edible food from a commercial
edible food generator to a food recovery organization or other entities for food recovery, or as otherwise
defined in 14 CCR Section 18982(a)(26). A food recovery service is not a commercial edible food generator
for the purposes of this Article and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR
Section 18982(a)(7).
(zff)Food scraps means those discarded materials that will decompose and/or putrefy including: (i) all kitchen
and table food waste; (ii) animal or vegetable waste that is generated during or results from the storage,
preparation, cooking or handling of food stuffs; (iii) discarded paper (including paper containers and cartons)
that is contaminated with food scraps and compostables; (iv) fruit waste, grain waste, dairy waste, meat, and
fish waste; and, (v) vegetable trimmings, houseplant trimmings and other compostable organic waste
common to the occupancy of Residential dwellings. Food scraps are a subset of organic food waste. Food
scraps excludes fats, oils, and grease when such materials are source separated from other food scraps.
(aagg)Food service provider means an entity primarily engaged in providing food services to institutional,
governmental, commercial, or industrial locations of others based on contractual arrangements with these
types of organizations, or as otherwise defined in 14 CCR Section 18982(a)(27).
(bbhh)Food-soiled paper is compostable paper material that has come in contact with food or liquid, such as,
but not limited to, compostable paper plates, paper coffee cups, napkins, pizza boxes, and milk cartons.
Food-soiled paper is a subset of food waste.
(ccii)Food waste includes food scraps and food-soiled paper, and includes compostable plastics, unless [the] City,
its designee, Regional Agency, or exclusive hauler excludes compostable plastics in the organic materials
containers. Food waste is a subset of organic materials.
(ddjj)Generator means any person whose act first causes discarded materials to become subject to regulation
under this Article of the City Code or under Federal, State, or local laws or regulations.
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(eekk)Green waste means tree trimmings, grass cuttings, dead plants, leaves, branches and dead trees (not
more than three inches in diameter), garden and tree fruits and vegetables, and similar materials generated
and source separated from other materials at the premises.
(ffll)Grocery store means a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and
vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where
the food is prepared and served, including a bakery, deli, and meat and seafood departments, or as
otherwise defined in 14 CCR Section 18982(a)(30).
(ggmm)Hauler route means the designated itinerary or sequence of stops for each segment of the City's
collection service area, or as otherwise defined in 14 CCR Section 18982(a)(31.5).
(nn) Health facility has the same meaning as in Section 1250 of the Health and Safety Code.
(hhoo)High diversion organic waste processing facility means a facility that is in compliance with the reporting
requirements of 14 CCR Section 18815.5(d) and meets or exceeds an annual average Mixed Waste organic
content recovery rate of fifty percent between January 1, 2022 and December 31, 2024, and 75 percent after
January 1, 2025, as calculated pursuant to 14 CCR Section 18815.5(e) for organic waste received from the
"mixed waste organic collection stream" as defined in 14 CCR Section 17402(a)(11.5); or, as otherwise
defined in 14 CCR Section 18982(a)(33).
(pp) Hotel has the same meaning as in Section 17210 of the Business and Professions Code.
(iiqq)Inspection means a site visit where a City, its designee, or Regional Agency reviews records, containers, and
an entity's collection, handling, recycling, or landfill disposal of organic waste or edible food handling to
determine if the entity is complying with requirements set forth in this Article, or as otherwise defined in 14
CCR Section 18982(a)(35).
(kkrr)Large event means an event, including, but not limited to, a sporting event or a flea market, that charges an
admission price, or is operated by a local agency, and serves an average of more than two thousand
individuals per day of operation of the event, at a location that includes, but is not limited to, a public,
nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being
used for an event. If the definition in 14 CCR Section 18982(a)(38) differs from this definition, the definition
in 14 CCR Section 18982(a)(38) shall apply to this Article.
(llss)Large venue means a permanent venue facility that annually seats or serves an average of more than two
thousand individuals within the grounds of the facility per day of operation of the venue facility. For
purposes of this Article and implementation of 14 CCR, Division 7, Chapter 12, a venue facility includes, but is
not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall,
amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts
center, fairground, museum, theater, or other public attraction facility. For purposes of this Article and
implementation of 14 CCR, Division 7, Chapter 12, a site under common ownership or control that includes
more than one large venue that is contiguous with other Large Venues in the site, is a single large venue. If
the definition in 14 CCR Section 18982(a)(39) differs from this definition, the definition in 14 CCR Section
18982(a)(39) shall apply to this Article.
(mmtt)Local education agency means a school district, charter school, or county office of education that is not
subject to the control of city or county regulations related to solid waste, or as otherwise defined in 14 CCR
Section 18982(a)(40).
(nnuu)Multi-family residential dwelling or multi-family means of, from, or pertaining to residential premises
with five or more dwelling units. Multi-Family premises do not include hotels, motels, or other transient
occupancy facilities, which are considered commercial businesses. residential premises with fewer than five
dwelling units shall be considered single-family.
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(oovv)MWELO refers to the Model Water Efficient Landscape Ordinance (MWELO), 23 CCR, Division 2, Chapter
2.7.
(ppww)Non-compostable paper includes, but is not limited to, paper that is coated in a plastic material that will
not breakdown in the composting process, or as otherwise defined in 14 CCR Section 18982(a)(41).
(qqxx)Non-local entity means the following entities that are not subject to the jurisdiction's enforcement
authority, or as otherwise defined in 14 CCR Section 18982(a)(42):
(1)Special district(s) located within the boundaries of the City, including the Saratoga Fire Protection
District, West Valley Sanitary District, and Cupertino Sanitary District.
(2)Federal facilities and state agencies located within the boundaries of the City.
(3)Public universities (including community colleges) located within the boundaries of the City, including
the West Valley Community College District.
(rryy)Notice of violation (NOV)means a notice that a violation has occurred that includes a compliance date to
avoid an action to seek penalties, or as otherwise defined in 14 CCR Section 18982(a)(45) or further
explained in 14 CCR Section 18995.4.
(zz) Occupant means the person who occupies a premises.
(ssaaa)Organic materials means green waste, food waste, lumber, and wood waste.
(ttbbb)Organic materials container has the same meaning as in 14 CCR Section 18982.2(a)(29) and shall be used
for the purpose of storage and collection of source separated organic materials.
(uuccc)Organic waste means solid wastes containing material originated from living organisms and their
metabolic waste products, including but not limited to food, green material, landscape and pruning waste,
organic textiles and carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids,
digestate, and sludges or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as
defined by 14 CCR Section 18982(a).
(vvddd)Organic waste generator means a person or entity that is responsible for the initial creation of organic
waste, or as otherwise defined in 14 CCR Section 18982(a)(48).
(eee) Overage means discarded materials exceeding the container's intended capacity such that the container’s
lid is lifted by at least one (1) inch (or would be lifted by at least one (1) inch if there was a lid); or, (ii)
discarded materials placed on top of or in the immediate vicinity of the container, excluding allowed
cardboard.
(fff) Owner means the person(s) holding legal title to real property and/or any improvements thereon and shall
include the person(s) listed on the latest equalized assessment roll of the County Assessor, or as otherwise
defined in 14 CCR Section 18982(a)(57).
(wwggg)Paper products include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file
folders, hanging files, corrugated boxes, tissue, and toweling, or as otherwise defined in 14 CCR Section
18982(a)(51).
(hhh)Premises means any land or building in the City where recyclable materials, organic materials, solid waste,
or C&D are generated or accumulated.
(xxiii)Printing and writing papers include, but are not limited to, copy, xerographic, watermark, cotton fiber,
offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads,
writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures,
reports, magazines, and publications, or as otherwise defined in 14 CCR Section 18982(a)(54).
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(jjj) Process or processing (or any variation thereof) means the controlled separation, recovery, volume
reduction, conversion, or recycling of source separated recyclable materials or source separated organic
materials including, but not limited to, organized, manual, automated, or mechanical sorting, the use of
vehicles for spreading of waste for the purpose of recovery, and/or includes the use of conveyor belts,
sorting lines, or volume reduction equipment, or as otherwise defined in 14 CCR Section 17402(a)(20).
(yykkk)Prohibited container contaminants means the following: (i) discarded materials placed in the recyclable
materials container that are not identified as acceptable source separated recyclable materials for the City's
recyclable materials container; (ii) discarded materials placed in the organic materials container that are not
identified as acceptable source separated organic materials for the City's organic materials container; (iii)
discarded materials placed in the solid waste container that are acceptable source separated recyclable
materials and/or source separated organic materials to be placed in City's organic materials container and/or
recyclable materials container; and, (iv) excluded waste placed in any container.
(zzlll)Recovered organic waste products means products made from California, landfill-diverted recovered organic
waste processed in a permitted or otherwise authorized facility, or as otherwise defined in 14 CCR Section
18982(a)(60).
(aaammm)Recovery means any activity or process described in 14 CCR Section 18983.1(b), or as otherwise
defined in 14 CCR Section 18982(a)(49).
(bbbnnn)Recyclable materials means materials that are intended for the purposes of being reused or
recycledthe following materials. The particular materials eligible to be recycled through the City’s programs
shall be specified from time to time by the Regional Agency.
(1)Metals:aerosol cans, aluminum foil, aluminum pans, beverage cans, can lids, car parts, doors and screens,
electrical motors, food/soup cans, furniture, hangers, keys, lids/caps, nuts and bolts, paint cans, pet food
cans, pipes, plumbing fixtures, pots and pans, propane tanks, scrap metal, screws and nuts, sporting goods,
tools, toys, umbrellas, and utensils;
(2)E-Waste:appliances, calculators, cameras, cell phones, computer mice, computer tower, cords, DVD
players, DVRs, fax machines, inkjet toner cartridges, keyboards, microwaves, pagers, PDAs, printers, radios,
scanners, stereos, telephones, and VCRs, but not including items imbedded with batteries;
(3)Paper:Paper products, printing and writing paper, aseptic packaging, books, carbonless paper, cardboard,
catalogs, cereal boxes, coffee cups, colored paper, computer paper, construction paper, coupons, egg
cartons, envelopes, frozen food boxes, gift wrap, juice boxes, junk mail, magazines, mailers, milk cartons,
newspapers (including inserts), office paper, paper bags, paper cups/plates, photographs, pizza boxes, shoe
boxes, shredded paper, telephone books, and tissue paper;
(4)Plastic:auto parts, baby wipe containers, baskets, beverage bottles, bleach/detergent bottles, buckets,
coffee cup lids, coolers, crates, disposable razors, flower pots, food containers, furniture, hangers, household
cleaner bottles, mouthwash bottles, pet carriers, HDPE pipes, plastics (numbers 1—7), prescription bottles,
shampoo bottles, shelving, squeeze bottles, swimming pools, take-out containers, toys;
(5)Film plastics:bread bags, bubble wrap, cellophane bags, dry cleaning bags, frozen food bags, newspaper
bags, pallet wrap, plastic liners, plastic wrap, produce bags, and shrink wrap;
(6)Glass:beverage bottles, broken glass, dishware, food jars, windows, and wine bottles; and
(7)Miscellaneous:textiles, and used oil and used oil filters.(ccc ooo)Recyclable materials container has the
same meaning as in 14 CCR Section 18982.2(a)(5) and shall be used for the purpose of storage and collection
of source separated recyclable materials.
(dddppp)Recycled-content paper means paper products and printing and writing paper that consists of at
least 30 percent, by fiber weight, postconsumer fiber, or as otherwise defined in 14 CCR Section
18982(a)(61).
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(eeeqqq)Regional Agency means the West Valley Solid Waste Management Authority.
(fffrrr)Regional Agency Enforcement Official means a designated enforcement official from the Regional Agency
or other regional or county agency, designated by the City with responsibility for enforcing this Article in
conjunction or consultation with jurisdiction City enforcement official.
(gggsss)Remote monitoring means the use of the internet of things (IoT) and/or wireless electronic devices to
visualize the contents of recyclable materials containers, organic materials containers, and solid waste
materials containers for purposes of identifying the quantity of materials in containers (level of fill) and/or
presence of prohibited container contaminants.
(hhhttt)Renewable gas means gas derived from organic waste that has been diverted from a California landfill
and processed at an in-vessel digestion facility that is permitted or otherwise authorized by 14 CCR to recycle
organic waste, or as otherwise defined in 14 CCR Section 18982(a)(62).
(iiiuuu)Restaurant means an establishment primarily engaged in the retail sale of food and drinks for on-
premises or immediate consumption, or as otherwise defined in 14 CCR Section 18982(a)(64).
(jjjvvv)Route review means a visual inspection of containers along a hauler route for the purpose of determining
container contamination, and may include mechanical inspection methods such as the use of cameras, or as
otherwise defined in 14 CCR Section 18982(a)(65).
(www)Salvage means the controlled removal of C&D debris from a covered project, for the purpose of reuse
or storage for later reuse.
(kkkxxx)SB 1383 means Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added
Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Chapter 13.1
(commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing
methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate
pollutants as amended, supplemented, superseded, and replaced from time to time.
(lllyyy)SB 1383 Regulations or SB 1383 Regulatory means or refers to, for the purposes of this Article, the short-
lived climate pollutants: organic waste reduction regulations developed by CalRecycle that created 14 CCR,
Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR.
(mmmzzz)Self-hauler means a person, who hauls solid waste, organic waste or recyclable material they
have generated to another person. Self-hauler also includes a person who back-hauls waste, or as otherwise
defined in 14 CCR Section 18982(a)(66). Back-haul means generating and transporting Organic Waste to a
destination owned and operated by the generator using the generator's own employees and equipment, or
as otherwise defined in 14 CCR Section 18982(a)(66)(A). Self-hauler also includes a landscaper.
(aaaa) Service level refers to the size of a customer’s container(s) and the frequency of collection service.
(bbbb)Share table has the same meaning as in Section 114079 of the Health and Safety Code.
(nnncccc)Single-family means of, from, or pertaining to any residential premises with fewer than five
units.
(ooodddd)Solid waste has the same meaning as defined in State Public Resources Code Section 40191,
which defines solid waste as all putrescible and nonputrescible solid, semisolid, and liquid wastes, including
garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes
construction and demolition debris, abandoned vehicles and parts thereof, discarded home and industrial
appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure,
vegetable or animal solid and semi-solid wastes, and other discarded solid and semisolid wastes, with the
exception that solid waste does not include any of the following wastes:
(1)Hazardous waste, as defined in the State Public Resources Code Section 40141.
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(2)Radioactive waste regulated pursuant to the State Radiation Control Law (Chapter 8 (commencing with
Section 114960) of Part 9 of Division 104 of the State Health and Safety Code).
(3)Medical waste regulated pursuant to the State Medical Waste Management Act (Part 14 (commencing
with Section 117600) of Division 104 of the State Health and Safety Code). Untreated medical waste
shall not be disposed of in a Solid Waste landfill, as defined in State Public Resources Code Section
40195.1. Medical waste that has been treated and deemed to be Solid Waste shall be regulated
pursuant to Division 30 of the State Public Resources Code.
(pppeeee)Solid waste materials container has the same meaning as in 14 CCR Section 18982.2(a)(28) and
shall be used for the purpose of storage and collection of Solid Waste.
(qqqffff)Source separated means materials, including commingled recyclable materials, that have been separated
or kept separate from the Solid Waste stream, at the point of generation, for the purpose of additional
sorting or processing those materials for recycling or reuse in order to return them to the economic
mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality
standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR Section 17402.5(b)(4).
For the purposes of this Article, source separated shall include separation of materials by the generator,
property owner, property owner's employee, property manager, or property manager's employee into
different containers for the purpose of collection such that source separated materials are separated from
solid waste for the purposes of collection and processing.
(rrrgggg)Source separated organic materials means source separated organic materials that can be placed in an
organic materials container that is specifically intended for the separate collection of organic waste.
(ssshhhh)Source separated recyclable materials means source separated recyclables materials that can be placed
in a recyclable materials containers that is specifically intended for the separate collection of recyclable
materials. Source separated recyclable materials.
(tttiiii)State means the State of California.
(uuujjjj)Supermarket means a full-line, self-service retail store with gross annual sales of two million dollars, or
more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items, or as
otherwise defined in 14 CCR Section 18982(a)(71).
(vvvkkkk)Tier one commercial edible food generator means a commercial edible food generator that is one of the
following:
(1)Supermarket.
(2)Grocery store with a total facility size equal to or greater than ten thousand square feet.
(3)Food service provider.
(4)Food distributor.
(5)Wholesale food vendor.
If the definition in 14 CCR Section 18982(a)(73) of tier one commercial edible food generator differs
from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply to this Article.
(wwwllll)Tier two commercial edible food generator means a commercial edible food generator that is
one of the following:
(1)Restaurant with two hundred fifty or more seats, or a total facility size equal to or greater than five
thousand square feet.
(2)Hotel with an on-site food facility and two hundred or more rooms.
(3)Health facility with an on-site food facility and one hundred or more beds.
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(4)Large venue.
(5)Large event.
(6)A State agency with a cafeteria with two hundred fifty or more seats or total cafeteria facility size equal
to or greater than five thousand square feet.
(7)A local education agency facility with an on-site food facility.
If the definition in 14 CCR Section 18982(a)(74) of tier two commercial edible food generator differs
from this definition, the definition in 14 CCR Section 18982(a)(74) shall apply to this Article.
(mmmm)Transportation or transport means the act of conveying Collected materials from one location to
another.
(nnnn) Universal waste means waste defined by 22 CCR Subsections 66273.1 through 66273.9, including, but
not limited to batteries, fluorescent light bulbs, mercury switches, and E-waste.
(xxxoooo)West Valley Clean Water Authority means the stormwater pollution prevention authority for the
cities of Campbell, Monte Sereno, Saratoga, and the town of Los Gatos.
(yyypppp)Wholesale food vendor means a business or establishment engaged in the merchant wholesale
distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared
for distribution to a retailer, warehouse, distributor, or other destination, or as otherwise defined in 14
CCR Section 189852(a)(76).
17-10.015 Single-family requirements.
(a)Owners, occupants, or property managers of single-family premises, except those that that meet the self-
hauler requirements in Section 17-10.045 of this Article shall subscribe to the regional agency's recyclable
materials, organic materials, and solid waste collection services for all recyclable materials, organic materials,
and solid waste generated as described below in subsection 17-10.015 (c).
(b)City, its designee, or Regional Agency shall have the right to review the number and size of recyclable
materials containers, organic materials containers, and solid waste containers to evaluate adequacy of
capacity, to avoid overage, provided for each type of collection service for proper separation of materials
and containment of materials; and, the owner, occupant, or property manager of the single-family premises
shall adjust its service level for its collection services as requested by the City, its designee, or Regional
Agency.
(cb) Generators at single-family premises shall participate in the Regional Agency's recyclable materials, organic
materials, and solid waste collection service(s) by placing designated materials in designated containers as
described below, and shall not place prohibited container contaminants in collection containers.
(dc) Generators at single-family premises shall place source separated organic materials, including food waste, in
the organic materials container; source separated recyclable materials in the recyclable materials container;
and solid waste in the solid waste container and shall not place materials designated for the solid waste
container into the recyclable materials container or organic materials container.
17-10.020 Commercial and multi-family requirements.
(a)Commercial businesses and multi-family residential dwellings shall comply with the following requirements:
(1)Subscribe to Regional Agency's recyclable materials, organic materials, and solid waste collection
services and comply with requirements of those services as described below in subsection (b), except
commercial businesses and multi-family residential dwellings that meet the self-hauler requirements in
Section 17-10.045 of this Article. City, its designee, or Regional Agency shall have the right to review
the number and size of a commercial business's or multi-family residential dwellings' recyclable
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materials containers, organic materials containers, and solid waste containers and frequency of
collection to evaluate adequacy of capacity, to avoid overage, provided for each type of collection
service for proper separation of materials and containment of materials; and, owner, occupant, or
property manager of commercial businesses and multi-family residential dwellings shall adjust their
service level for their collection services as requested by the City, its designee, or Regional Agency.If
the commercial businesses and multi-family residential dwellings do not increase their service level
as requested by the City, its designee, or Regional Agency, the City, its designee, or Regional Agency
may require the exclusive hauler to increase their service level and bill the commercial businesses
and multi-family residential dwellings for the increased service level required to prevent overages.
(2)Except commercial businesses and multi-family residential dwellings that meet the self-hauler
requirements in Section 17-10.045 of this Article, participate in the Regional Agency's recyclable
materials, organic materials, and solid waste collection service(s) by placing designated materials in
designated containers. Commercial and multi-family generators shall place source separated organic
materials, including food waste, in the organic materials container; source separated recyclable
materials in the recyclable materials container; and solid waste in the solid waste containers and shall
not place materials designated for the solid waste container into the organic materials container or
recyclable materials container.
(3)Supply and allow access to an adequate number, size, and location of collection containers with
sufficient labels or colors (conforming with subsections (d)(1) and (d)(2) below) for employees,
contractors, tenants, and customers, consistent with Regional Agency's recyclable materials, organic
materials, and solid waste collection service or, if self-hauling, in a manner to support its compliance
with its self-haul program, in accordance with Section 17-10.045 of this Article.
(4)Annually provide information to employees, contractors, tenants, and customers about organic waste
recovery requirements and about proper sorting of source separated organic materials and source
separated recyclable materials.
(5)Provide education information before or within fourteen days of occupation of the premises to new
tenants that describes requirements to keep source separated organic materials and source separated
recyclable materials separate from solid waste and the location of containers and the rules governing
their use at each property.
(6)Provide or arrange access for City, its designee, or Regional Agency to their properties during all
inspections conducted in accordance with this Article to confirm compliance with the requirements of
this Article.
(7)Accommodate and cooperate with any remote monitoring program for inspection of the contents of
containers for prohibited container contaminants, if implemented by City its designee, or Regional
Agency to evaluate generator's compliance with Section 17-10.025(b). The remote monitoring program
may involve installation of remote monitoring equipment on or in the recyclable materials containers,
organic materials containers, and solid waste materials containers.
(8)At commercial business's or multi-family residential dwelling's option and subject to any approval
required from the City, its designee, or Regional Agency, implement a remote monitoring program for
inspection of the contents of its recyclable materials containers, organic materials containers, and solid
waste materials containers for the purpose of monitoring the contents of containers to determine
appropriate levels of service and to identify prohibited container contaminants. Generators may install
remote monitoring devices on or in the recyclable materials containers, organic materials containers,
and solid waste materials containers subject to written notification to or approval by the City, its
designee, or Regional Agency.
(9)If a commercial business or multi-family residential dwelling wants to self-haul, meet the self-hauler
requirements in Section 17-10.045 of this Article.
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(b)Commercial businesses shall also comply with the following requirements:
(1)Provide containers for the collection of source separated organic materials and source separated
recyclable materials in all indoor and outdoor areas where containers for solid waste are provided for
customers, for materials generated by that commercial business. Such containers do not need to be
provided in restrooms. If a commercial business does not generate any of the materials that would be
collected in one type of container, then the commercial business does not have to provide that
particular container in all areas where solid waste containers are provided for customers. Pursuant to
14 CCR Section 18984.9(b), the containers provided by the commercial business shall have either:
(i)A body or lid that conforms with the container colors provided through the collection service
agreement provided by Regional Agency, with either lids conforming to the color requirements
or bodies conforming to the color requirements or both lids and bodies conforming to color
requirements. A commercial business is not required to replace functional containers, including
containers purchased prior to January 1, 2022, that do not comply with the requirements of the
subsection prior to the end of the useful life of those containers, or prior to January 1, 2036,
whichever comes first.
(ii)Existing containers shall be clearly marked with educational signage indicating the appropriate
material types to be placed in each container in accordance with requirements of the Regional
Agency's collection program. Commencing January 1, 2022, new containers shall have container
labels that include language or graphic images, or both, indicating the primary material accepted
and the primary materials prohibited in that container, or containers with imprinted text or
graphic images that indicate the primary materials accepted and primary materials prohibited in
the container pursuant 14 CCR Sections 18984.8 and 18984.9.
(2)To the extent practical through education, training, inspection, and/or other measures, shall prohibit
employees from placing materials in a container not designated for those materials per the Regional
Agency's recyclable materials, organic materials, and solid waste collection service or, if self-hauling, in
a manner to support its compliance with its self-haul program, in accordance with Section 17-10.045.
(3)Periodically inspect recyclable materials containers, organic materials containers, and solid waste
materials containers for contamination and inform employees if containers are contaminated and of
the requirements to keep contaminants out of those containers pursuant to 14 CCR Section
18984.9(b)(3).
(4)For commercial businesses that are tier one or tier two commercial edible food generators, comply
with food recovery requirements, pursuant to Section 17-10.030.
(c)Nothing in this Section prohibits a generator from preventing or reducing waste generation, managing
organic waste on site, or using a community composting site pursuant to 14 CCR Section 18984.9(c).
17-10.025 Waivers for residential and commercial generators.
(a)De Minimis waivers.The Regional Agency may waive a commercial business' or multi-family residential
dwellings' obligation to comply with some or all of the recyclable materials or organic materials
requirements of this Article if the commercial business or multi-family residential dwellings provides
documentation that it generates below a certain amount of recyclable materials and organic materials,as
described in subsection (a)(2) below. Commercial businesses or multi-family residential dwellings requesting
a de minimis waiver shall:
(1)Submit an application to the City, Regional Agency, or exclusive hauler specifying the services that
they are requesting a waiver from and provide documentation as noted in subsection (a)(2) below.
(2)Provide documentation that either:
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(A)The commercial business' or multi-family residential dwellings' total solid waste collection service
is two cubic yards or more per week and organic waste subject to collection in a recyclable
materials container and/or organic materials container comprises less than twenty gallons per
week per applicable container of the commercial business's or multi-family residential dwellings'
total waste; or,
(B)The commercial business' or multi-family residential dwellings' total solid waste collection service
is less than two cubic yards per week and organic waste subject to collection in a recyclable
materials container and/or organic materials comprises less than ten gallons per week per
applicable container of the commercial business's or multi-family residential dwellings' total
waste.
(3)Notify Regional Agency if circumstances change such that commercial business's or multi-family
residential dwelling's organic waste exceeds threshold required for waiver, in which case waiver will be
rescinded.
(4)Provide written verification of eligibility for de minimis waiver every five years, or other interval
deemed appropriate by the Regional Agency for special circumstances,if City or Regional Agency has
approved de minimis waiver.
(5)Pay any applicable application fee, which may be established by resolution of the City Council or
Regional Agency.
(b)Physical space waivers.Regional Agency may waive a commercial business's or multi-family residential
dwelling's or property owner's obligations to comply with some or all of the recyclable materials and/or
organic waste collection service requirements if the Regional Agency has evidence from its own staff, the
exclusive hauler, a licensed architect, or a licensed engineer demonstrating that the premises lacks adequate
space for the collection containers required for compliance with the organic waste collection requirements
of Section 17-10.020.
A commercial business or multi-family residential dwelling owner or property owner may request a physical
space waiver through the following process:
(1)Submit an application form to Regional Agency specifying the type(s) of collection services for which
they are requesting a compliance waiver.
(2)Provide documentation that the premises lacks adequate space for recyclable materials containers
and/or organic materials containers including documentation from its hauler, licensed architect, or
licensed engineer.
(3)Provide written verification to Regional Agency that it is still eligible for physical space waiver every five
years,or other interval deemed appropriate by the Regional Agency for special circumstances,if
City or Regional Agency has approved application for a physical space waiver.
(4)Pay any applicable application fee, which may be established by resolution of the City Council or
Regional Agency.
17-10.030 Commercial edible food generator requirements.
(a)Tier one commercial edible food generators must comply with the requirements of this Section commencing
January 1, 2022, and tier two commercial edible food generators must comply commencing January 1, 2024
pursuant to 14 CCR Section 18991.3.
(b)Large venue or large event operators providing food service shall comply with requirements of this Section,
commencing January 1, 2024. Large venue or large event operators not providing food services, but allowing
for food to be provided by others, shall require food facilities operating at the large venue or large event to
comply with the requirements of this Section, commencing January 1, 2024.
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(c)Commercial edible food generators shall comply with the following requirements:
(1)Arrange to recover the maximum amount of edible food that would otherwise be disposed.
(2)Contract with, or enter into a written agreement with food recovery organizations or food recovery
services for: (i) the collection of edible food for food recovery; or, (ii) acceptance of the edible food that
the commercial edible food generator self-hauls to the food recovery organization for food recovery.
(3)Shall not intentionally spoil edible food that is capable of being recovered by a food recovery
organization or a food recovery service.
(4)Allow City's or Regional Agency's designated enforcement entity or designated third party enforcement
entity to access the premises and review records pursuant to 14 CCR Section 18991.4.
(5)Keep records that include the following information, or as otherwise specified in 14 CCR Section
18991.4:
(A)A list of each food recovery service or organization that collects or receives its edible food
pursuant to a contract or written agreement established under 14 CCR Section 18991.3(b).
(B)A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b).
(C)A record of the following information for each of those food recovery services or food recovery
organizations:
(i)The name, address and contact information of the food recovery service or food recovery
organization.
(ii)The types of food that will be collected by or self-hauled to the food recovery service or
food recovery organization.
(iii)The established frequency that food will be collected or self-hauled.
(iv)The quantity of food, measured in pounds recovered per month, collected or self-hauled to
a food recovery service or food recovery organization for food recovery.
(d)Tier one commercial edible food generators shall submit food recovery reports, as defined below, to the to
the City, its designee, or Regional Agency, upon request, according to the following schedule:
(1)On or before August 1, 2022, tier one commercial edible food generators shall submit a food recovery
report for the period of January 1, 2022 through June 30, 2022.
(2)On or before May 1, 2023, and on or before May 1st each year thereafter, tier one commercial edible
food generators shall submit a food recovery report for the period covering the entire previous
calendar year.
(e)Tier two commercial edible food generators shall submit food recovery reports, as defined below, to the to
the City, its designee, or Regional Agency, upon request, according to the following schedule:
(1)On or before May 1, 2025, and on or before May 1st each year thereafter, tier two commercial edible
food generators shall submit a food recovery report for the period covering the entire previous
calendar year.
(f)Food recovery reports submitted by tier one and tier two commercial edible food generators shall include
the following information:
(1)The name and address of the commercial edible food generator;
(2)The name of the person responsible for the commercial edible food generator's edible food recovery
program;
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(3)A list of all contracted food recovery services or food recovery organizations that collect edible food
from the commercial edible food generator;
(4)The total number of pounds of edible food, per year, donated through a contracted food recovery
organization or food recovery service.
(g)Nothing in this Article shall be construed to limit or conflict with the protections provided by the California
Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food
donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State of California
on September 25, 2017, which added Article 13 [commencing with Section 49580] to Chapter 9 of Part 27 of
Division 4 of Title 2 of the Education Code, and to amend Section 114079 of the Health and Safety Code,
relating to food safety, as amended, supplemented, superseded and replaced from time to time).
17-10.035 Requirements for food recovery organizations and services.
(a)Food recovery services collecting or receiving edible food directly from commercial edible food generators,
via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the
following records, or as otherwise specified by 14 CCR Section 18991.5(a)(1):
(1)The name, address, and contact information for each commercial edible food generator from which
the service collects edible food.
(2)The quantity in pounds of edible food collected from each commercial edible food generator per
month.
(3)The quantity in pounds of edible food transported to each food recovery organization per month.
(4)The name, address, and contact information for each food recovery organization that the food
recovery service transports edible food to for food recovery.
(b)Food recovery organizations collecting or receiving edible food directly from commercial edible food
generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain
the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(2):
(1)The name, address, and contact information for each Commercial Edible Food Generator from which
the organization receives Edible Food.
(2)The quantity in pounds of edible food received from each commercial edible food generator per
month.
(3)The name, address, and contact information for each food recovery service that the organization
receives edible food from for food recovery.
(c)Food recovery organizations and food recovery services shall inform generators about California and Federal
Good Samaritan Food Donation Act protection in written communications, such as in their contract or
agreement established under 14 CCR Section 18991.3(b).
(d)Food recovery organizations and food recovery services that have their primary address physically located in
the City and contract with or have written agreements with one or more commercial edible food generators
pursuant to 14 CCR Section 18991.3(b) shall submit food recovery reports, as defined below, to the to the
City, its Designee, or Regional Agency, upon request, according to the following schedule:
(1)On or before August 1, 2022, food recovery organizations and food recovery services shall submit a
food recovery report for the period of January 1, 2022 through June 30, 2022.
(2)On or before May 1, 2023, and on or before May 1st each year thereafter, food recovery organizations
and food recovery services shall submit a food recovery report for the period covering the entire
previous calendar year.
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(e)Food recovery reports submitted by food recovery services or organizations shall include the following
information:
(1)Total pounds of edible food recovered in the previous calendar year from tier one and tier two edible
food generators they have established a contract or written agreement with pursuant to 14 CCR
Section 18991.3(b).
(2)Total pounds of edible food recovered in the previous calendar year from the tier one and tier two
commercial edible food generators they have established a contract or written agreement with within
Santa Clara County.
(f)In order to support edible food recovery capacity planning assessments or other studies conducted by the
County, City, its designee, or Regional Agency, food recovery services and food recovery organizations
operating in the City shall provide information and consultation to the City or Regional Agency, upon request,
regarding existing, or proposed new or expanded, food recovery capacity that could be accessed by the City
and its commercial edible food generators. A food recovery service or food recovery organization contacted
by the City, its designee, or Regional Agency shall respond to such request for information within sixty days,
unless another timeframe is otherwise specified by the City or Regional Agency.
17-10.040 Hauler and facility operator requirements.
(a)Requirements for haulers.
(1)The exclusive hauler providing discarded materials collection for single-family, multi-family residential
dwellings, and commercial recyclable materials, organic waste, C&D, and solid waste collection services
to generators within the City's boundaries shall meet the following requirements and standards as a
condition of approval of a contract, agreement, or other authorization with the Regional Agency to
collect source separated recyclable materials, source separate organic materials, C&Dand solid waste:
(A)Transport:(i) source separated recyclable materials to a facility that recovers recyclable materials;
(ii) source separated organic materials to a facility, operation, activity, or property that recovers
organic waste as defined in 14 CCR, Division 7, Chapter 12, Article 2; and (iii) solid waste to a
disposal facility;
(B)All facilities referenced above shall be approved by the Regional Agency through the exclusive
hauler's collection agreement with the Regional Agency.
(2)The exclusive hauler authorized to collect source separated recyclable materials, source separated
organic materials, and solid organic waste shall comply with education, equipment, signage, container
labeling, container color, contamination monitoring, reporting, and other requirements contained
within its franchise agreement entered into by the exclusive hauler and the Regional Agency.
(3)The C&D hauler providing C&D collection services to generators within the City’s boundaries shall
comply with all requirements contained within its agreement entered into by the C&D hauler and
Regional Agency.
(b)Requirements for facility operators and community composting operations.
(1)Owners of facilities, operations, and activities that recover organic waste, including, but not limited to,
compost facilities, in-vessel digestion facilities, and publicly-owned treatment works shall, upon City or
Regional Agency request, provide information regarding available and potential new or expanded
capacity at their facilities, operations, and activities, including information about throughput and
permitted capacity necessary for planning purposes. Entities contacted by the City or Regional Agency
shall respond within sixty days.
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17-10.045 Self-hauler requirements.
(a)Self-haulers shall source separate all recyclable materials and organic waste (materials that City, Regional
Agency, or exclusive hauler otherwise requires generators to separate for collection in the Regional Agency's
recyclable materials and organic materials collection program) generated on-site from solid waste in a
manner consistent with 14 CCR Sections 18984.1 and 18984.2, or shall haul organic waste that is mixed with
solid waste to a high diversion organic waste processing facility as specified in 14 CCR Section 18984.3 , or
shall haul C&D debris that is mixed to an approved C&D processing facility .
(b)Self-haulers shall haul their source separated recyclable materials to a facility that recovers those materials;
and haul their source separated organic materials to a solid waste facility, operation, activity, or property
that processes or recovers source separated organic waste. Alternatively, self-haulers may haul organic
waste that is mixed with solid waste to a high diversion organic waste processing facility and C&D debris that
is mixed to an approved C&D processing facility.
(c)Self-haulers that are owners or property managers of commercial businesses and multi-family residential
dwellings shall keep a record of the amount of recyclable materials and organic waste delivered to each solid
waste facility, operation, activity, or property that processes or recovers recyclable materials organic waste;
this record shall be subject to inspection by the City, its designee, or Regional Agency. The records shall
include the following information,which shall be provided to City, its designee, or Regional Agency upon
request:
(1)Delivery receipts and weight tickets from the entity accepting the recyclable materials, organic waste,
or solid waste.
(2)The amount of material in cubic yards or tons transported by the generator to each entity.
(3)If the material is transported to an entity that does not have scales on-site, or employs scales incapable
of weighing the self-hauler's vehicle in a manner that allows it to determine the weight of materials
received, the self-hauler is not required to record the weight of material but shall keep a record of the
entities that received the recyclable materials, organic waste, or solid waste.
(d)A single-family generator that self-hauls recyclable materials, organic waste, or solid waste is not required to
record or report information in subsection (c), above.
17-10.050 Non-local entities and local education agency requirements.
(a)Non-local entities and local education agencies shall comply with requirements 14 CCR Chapter 12, Article 5
to prevent and reduce and disposal the generation of organic waste.
(b)Local education agencies with on-site food facility shall comply with food recovery requirements of Section
17-10.030 of this Article.
17-10.060 Inspections and investigations by City.
(a)Representatives of City, its designee, and the Regional Agency are authorized to conduct Inspections and
investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer,
processing, or disposal facility for materials collected from generators, or source separated materials to
confirm compliance with this Article by single-family generators, commercial businesses, multi-family
residential dwellings, property owners, commercial edible food generators, haulers, self-haulers, food
recovery services, and food recovery organizations, and other entities regulated hereunder subject to
applicable laws. This Section does not allow City to enter the interior of a private residential property for
inspection. For the purposes of inspecting commercial business and multi-family residential dwellings
containers for compliance with Section 17-10.020(b) of this Article, City may conduct container Inspections
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Ordinance
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for prohibited container contaminants using remote monitoring, and commercial businesses and multi-family
residential dwellings shall accommodate and cooperate with the remote monitoring pursuant to Section 17-
10.020 of this Article.
(b)Any person subject to this Article shall provide or arrange for access during all inspections (with the
exception of residential property interiors) and shall cooperate with the City's, its designee's, or Regional
Agency's representative during such Inspections and investigations. Such inspections and investigations may
include confirmation of proper placement of materials in containers, edible food recovery activities, records,
or any other requirement of this Article described herein. Failure to provide or arrange for: (i) access to an
entity's premises; (ii) installation and operation of remote monitoring equipment (optional); or (ii) access to
records for any inspection or investigation is a violation of this Article and may result in penalties described.
(c)Any records obtained by the City, its designee, or Regional Agency during its inspections, remote monitoring,
and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public
Records Act as set forth in Government Code Section 6250 et seq.
(d)City representatives, its Designee representative, and/or Regional Agency representatives are AUTHORIZED
authorized to conduct any inspections, remote monitoring, or other investigations as reasonably necessary
to further the goals of this Article, subject to applicable laws.
(e)City and Regional Agency shall receive written complaints from persons regarding an entity that may be
potentially non-compliant with SB 1383 Regulations, including receipt of anonymous complaints.
17-10.070 Enforcement.
(a)Violations.Violation of any provision of this Article shall constitute grounds for issuance of a notice of
violation and assessment of a fine by a City enforcement official Jurisdiction Enforcement Official or
representative or Regional Agency Enforcement Official or representative. Enforcement Actions under this
Article are issuance of an administrative citation and assessment of a fine. The City's or Regional Agency's
procedures on imposition of administrative fines are hereby incorporated in their entirety, as modified from
time to time, and shall govern the imposition, enforcement, collection, and review of administrative citations
issued to enforce this Article and any rule or regulation adopted pursuant to this Article, except as otherwise
indicated in this Article.
(b)Other remedies.Other remedies allowed by law may be used, including civil action or prosecution as
misdemeanor or infraction. City or Regional Agency may pursue civil actions in the California courts to seek
recovery of unpaid administrative citations. City or Regional Agency may choose to delay court action until
such time as a sufficiently large number of violations, or cumulative size of violations exist such that court
action is a reasonable use of City or Regional Agency staff and resources.
(c)Responsible entity for enforcement.
(1)Enforcement pursuant to this Article may be undertaken by the Jurisdiction Enforcement City
enforcement official, which may be the City Manager or their designated entity, Legal Counsel, or
combination thereof.
(2)Enforcement may also be undertaken by a Regional Agency Enforcement Official or County Agency
Enforcement Official, designated by the City, in consultation with City enforcement official Jurisdiction
Enforcement Official.
(A)City enforcement official Jurisdiction Enforcement Official(s) (and Regional Agency Enforcement
Official or County Agency Enforcement Official, if designated by the City) will interpret this
Article; determine the applicability of waivers, if violation(s) have occurred; implement
enforcement actions; and, determine if compliance standards are met.
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Ordinance
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(B)City enforcement official Jurisdiction Enforcement Official(s) (and Regional Agency Enforcement
Office or County Agency Enforcement Official, if designated by the City) may issue notices of
violation(s).
(d)Process for enforcement.
(1)City enforcement officials Jurisdiction Enforcement Officials or Regional Agency Enforcement Office or
County Enforcement Officials and/or their designee will monitor compliance with this Article randomly
and through compliance reviews, route reviews, investigation of complaints, and an inspection
program (that may include remote monitoring). Section 17-10.060 establishes City's right to authorize
or conduct inspections and investigations.
(2)City or Regional Agency Enforcement Office or County Enforcement Officials may issue an official
notification to notify regulated entities of its obligations under this Article.
(3)For incidences of prohibited container contaminants found in containers, City or Regional Agency
Enforcement Office or County Enforcement Officials will issue a notice of violation to any generator
found to have prohibited container contaminants in a container. Such notice will be provided via a cart
tag or other communication immediately upon identification of the prohibited container contaminants.
If the City, Regional Agency, or exclusive hauler observes prohibited container contaminants in a
generator's containers on more than three consecutive occasion(s), the City, Regional Agency, or
exclusive hauler may assess contamination processing fees or contamination penalties on the
generator.
(4)With the exception of violations of generator contamination of container contents addressed under
Section 17-10.070(d)(3), City or Regional Agency Enforcement Office or County Enforcement Officials
shall issue a notice of violation requiring compliance within sixty days of issuance of the notice.
(5)Absent compliance by the respondent within the deadline set forth in the notice of violation, City or
Regional Agency Enforcement Office or County Enforcement Officials shall commence an action to
impose penalties, via an administrative citation and fine in accordance with the Saratoga Municipal
Code.
(6)Notices shall be sent to "owner" at the official address of the owner maintained by the tax collector for
the City or if no such address is available, to the owner at the address of the dwelling or commercial
property or to the party responsible for paying for the collection services, depending upon available
information.
(e)Penalty amounts for types of violations.The penalty levels are as follows:
(1)For a first violation, the amount of the base penalty shall be fifty dollars to one hundred dollars per
violation.
(2)For a second violation, the amount of the base penalty shall be one hundred dollars to two hundred
dollars per violation.
(3)For a third or subsequent violation, the amount of the base penalty shall be two hundred fifty dollars
to five hundred dollars per violation.
(f)Factors considered in determining penalty amount.The following factors shall be used to determine the
amount of the penalty for each violation within the appropriate penalty amount range:
(1)The nature, circumstances, and severity of the violation(s).
(2)The violator's ability to pay.
(3)The willfulness of the violator's misconduct.
(4)Whether the violator took measures to avoid or mitigate violations of this chapter.
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Ordinance
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(5)Evidence of any economic benefit resulting from the violation(s).
(6)The deterrent effect of the penalty on the violator.
(7)Whether the violation(s) were due to conditions outside the control of the violator.
(g)Compliance deadline extension considerations.The City or Regional Agency Enforcement Office or County
Enforcement Officials may extend the compliance deadlines set forth in a notice of violation issued in
accordance with this Section if it finds that there are extenuating circumstances beyond the control of the
respondent that make compliance within the deadlines impracticable, including the following:
(1)Major regional unforeseen circumstances such as earthquakes, wildfires, flooding, and other
emergencies or natural disasters;
(2)Delays in obtaining discretionary permits or other government agency approvals; or,
(3)Deficiencies in organic waste recycling infrastructure or edible food recovery capacity and the City is
under a corrective action plan with CalRecycle pursuant to 14 CCR Section 18996.2 due to those
deficiencies.
(h)Appeals process.Persons receiving an administrative citation containing a penalty for an uncorrected
violation may request a hearing to appeal the citation. A hearing will be held only if it is requested within the
time prescribed and consistent with City's procedures in the City's codes for appeals of administrative
citations. Evidence may be presented at the hearing. The City will appoint a hearing officer who shall conduct
the hearing and issue a final written order.
(i)Education period for non-compliance.Beginning January 1, 2022 and through December 31, 2023, City, its
designee, or Regional Agency will conduct inspections, remote monitoring, route reviews or waste
evaluations, and compliance reviews, depending upon the type of regulated entity, to determine compliance,
and if City, its designee, or Regional Agency determines that organic waste generator, self-hauler, hauler, tier
one commercial edible food generator, food recovery organization, food recovery service, or other entity is
not in compliance, it shall provide educational materials to the entity describing its obligations under this
Article and a notice that compliance is required by January 1, 2022 and that violations may be subject to
administrative civil penalties starting on January 1, 2024.
(j)Civil penalties for non-compliance.Beginning January 1, 2024, if the City or Regional Agency Enforcement
Officiale or County Enforcement Officials determines that an organic waste generator, self-hauler, hauler,
tier one or tier two commercial edible food generator, food recovery organization, food recovery service, or
other entity is not in compliance with this Article, it shall document the noncompliance or violation, issue a
notice of violation, and take enforcement action pursuant to this Section, as needed.
Article 17-15 CONSTRUCTION AND DEMOLITION DEBRIS DIVERSION
17-15.010. Covered projects.
(a)Persons applying for a permit from the City for new construction, building renovation, remodel, additions
or alterations and demolition projects shall comply with the requirements of this section and all required
components of the California Green Building Standards Code, 24 CCR, Part 11 (CALGreen), as amended, if
its project is covered by the scope of CALGreen and other applicable requirements of the City. If the
requirements of CALGreen, as amended, are more stringent than the requirements of this section, the
CALGreen requirements shall apply.
(b)All projects within the City, including City-sponsored projects, shall be subject to the Waste Management
Plan requirement of section 11.6.050.
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Ordinance
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(c)All new construction and demolition projects within the City, including City-sponsored projects, shall
comply with this chapter and shall submit a Waste Management Plan required by section 17-15.050 prior
to the beginning of any construction and demolition activities.
(1)Newly constructed buildings and demolition
(2)Non-residential renovation, remodel, addition, or alterations to an existing structure within the City,
as determined by the building official
(3)Residential renovation, remodel, addition, or alternations that increase the structure’s conditioned
area, volume, or size, as determined by the building official.
17-15.020 Requirement to divert C&D debris.
This section sets forth that all covered projects must comply with the following provisions of the most current
California Green Building Standards Code (CALGreen) Sections:
(a)4.408.1 Construction Waste Management Residential (recycling requirements)
(b)5.408.1 Construction Waste Management Non-Residential (recycling requirements)
(c)4.410.2 Recycling by Occupants Residential (recycling enclosure requirements)
(d)5.410.1 Recycling by Occupants Non-Residential (recycling enclosure requirements)
(e)5.408.2 Diversion by Waste Management Non-Residential (universal waste diversion requirements)
It is required that at least sixty-five percent of waste tonnage and one hundred percent of excavated soil from
new construction, demolition, or existing construction such as addition, alteration, or repair projects shall be
diverted from disposal.
17-15.030 Deconstruction, salvage and recovery.
(a)Contractors are encouraged to make every structure planned for demolition available for deconstruction,
salvage, and recovery prior to demolition; and to recover the maximum feasible amount of salvageable
designated recyclable and reusable materials prior to demolition.
(b)Recovered and salvaged designated recyclable and reusable materials from the deconstruction phase shall
be counted towards the diversion requirements of this chapter.
17-15.040 Approved C&D processing facilities.
(a)The Regional Agency is authorized to designate and approve C&D processing facilities. The Regional
Agency shall issue an approval only if the owner or operator of the facility submits documentation
satisfactory to the Regional Agency and shall obtain third party certification for mixed C&D processing.
(b)A mixed C&D processing facility is required to obtain third party certification prior to registration with the
Regional Agency. The Regional Agency will apply the standards described in the then-current facility
certification program, consistent with the procedures set forth in this chapter, to determine whether a
facility qualifies for approval of registration. Anyfacility certified under a terminated certification program
must reapply and receive certification under the then-current program.
(c)C&D processing facilities shall, as a condition of their approval, agree to terms and conditions set forth by
the Regional Agency.
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17-15.050 Reporting.
(a)No later than thirty days following the completion of a covered project, the contractor shall, as a condition
of final approval and for issuance of any certificate of occupancy, certify C&D debris was recycled at the
diversion rate set by California's Green Building Standard Code and requirement set forth in section 17-
15.020 and submit documentation to the Building Division of the Community Development Department
that demonstrates compliance with the requirements of this chapter.
(b)The documentation shall be submitted in a form consistent with City requirements and consist of receipts
and weight tags or other records of measurement or equivalent documentation from recycling and
processing companies, deconstruction contractors, and landfill and disposal companies.
(c)Progress reports during construction may be required.
(d)All documentation submitted pursuant to this section is subject to verification by City.
(e)It is unlawful for any person to submit documentation to City under this section that a person knows to
contain any false statements, including but not limited to false statements regarding tonnage of materials
recycled or diverted, or to submit any false or fraudulent receipt of weight tags or other record of
measurement.
1760079.3
52
SARATOGA CITY COUNCIL
MEETING DATE:April 17, 2024
DEPARTMENT:Community Development Department
PREPARED BY:Nicole Johnson, Senior Planner
SUBJECT:Mills Act Property Tax Abatement Program
RECOMMENDED ACTION:
Adopt attached resolution included in Attachment A,approving criteria for Mills Act agreements
within the City of Saratoga.
BACKGROUND:
The City Council approved the participation in the Mills Act Program in March, 2003 (Resolution
No. 03-016). It is Council policy that no more than three applications for tax relief pursuant to the
Mills Act be approved per year. There are currently 17 properties subject to Mills Act agreements
in the City.
On April 19, 2023,the City Council directed staff to prepare information to facilitate City Council
discussion of the Mills Act and whether the City could require residential buildings subject to a
Mills Act agreement be owner-occupied. On May 3, 2023, the City Council discussed creating an
owner-occupancy requirement and directed staff to bring forward a Mills Act Policy discussion to
consider placing a hold on the approval of Mills Act applications and to determine if the City will
proceed with future Mills Act agreements. On June 7, 2023,the City Council suspended the City’s
Mills Act program for up to 12 months, pending a future meeting to evaluate the City’s
participation in the Mills Act program.
On November 15, 2023, the City Council reviewed the current participation in the City’s Mills Act
program and voted unanimously to direct staff to return with criteria that includes the following
provisions:
1.City shall issue a notice of non-renewal for all current Mills Act contracts.
2.Immediately upon entering into a new Mills Act contract, the City shall issue a notice of
non-renewal so that new agreements remain in place for no more than 10 years.
3.Mills Act contract requests shall satisfy at least four of the following criteria from City
Code Section 13-15.010:
53
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.
4. Mills Act Historic Property Preservation Agreements shall include more substantive
requirements for maintenance.
To address number 4 above, staff recommends including the following provisions in the Mills Act
Historic Property Preservation Agreement:
Owner shall annually provide to the City evidence of maintenance completed within the
last year.
Owner shall allow City Staff to conduct annual inspections of Mills Act properties.
Additional information from the May, June, and November City Council meetings are included in
Attachment B.
Heritage Preservation Commission
Per City Code Section 13-10.040(d), the Heritage Preservation Commission (HPC) shall “review
and comment upon existing or proposed ordinances, plans or policies of the City as they relate to
heritage resource.” On March 26, 2024, HPC reviewed the proposed changes and provided the
following comments on the provisions:
1. City shall issue a notice of non-renewal for all current Mills Act contracts.
HPC does not agree with the criteria and believes that the current Mills Act
Contracts should remain in place to preserve the history of Saratoga.
2. Immediately upon entering into a new Mills Act contract, the City shall issue a notice of
non-renewal shall be issued so that new agreements remain in place for no more than 10
years.
HPC was split with this recommendation. Two members agree with this
recommendation. The other two members believe that new Mills Act contracts
should not be limited to 10 years as the cost to maintain historic homes continues
over the years due to specific materials needed to maintain the historic aspects of
54
these homes.
3. Mills Act contract requests shall satisfy at least four of the following criteria from City
Code Section 13-15.010.
HPC recommends that this proposal should be modified to require at least three of
the criteria fromCity Code Section13-15.010, because requiring four of the criteria
could be difficult to achieve.
4. Mills Act Historic Property Preservations Agreements shall include more substantive
requirements for maintenance.
HPC recommends removing this requirement as it is ambiguous and creates an
additional burden for property owners and staff.
Public Comments
Staff sent courtesy letters to the property owners who currently have Mills Act Contracts with the
City, informing them of the potential changes to the Mills Act Program. Comments from the public
are included in Attachment D.
ATTACHMENTS:
Attachment A – Resolution approving an amended Mills Act Program.
Attachment B – City Council Staff Report with Attachments and Minutes from the May 3
rd , June
7th and November 15, 2023 Meetings.
Attachment C – Mills Act Historic Preservation Agreement
Attachment D- Public Comments
1766769.1
55
RESOLUTION NO.XX-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SARATOGA
CONCERNING THE MILLS ACT PROPERTY TAX
ABATEMENT PROGRAM
WHEREAS, the 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 according to California Constitutional Art. XIIl-8 and
California Government Code, Article 12, Sections 50280-50290 and California Revenue and Tax Code
439-439.4;and
WHEREAS, the City Council finds that participating in the Mills Act Property Tax
Abatement Program is consistent with the City of Saratoga Heritage Preservation Code Chapter 13, and
the General Plan Conservation Element Goal OSC-13 “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” in that participating in the Mills Act will aid in the preservation of historic
resources in the city.
WHEREAS,onMarch 5, 2003, theCity Council approvedthe participation in the Mills
Act Property Tax Abatement Program with Resolution No. 03-016 and limited the approval of
applications under the Mills Act to no more than three per year; and
WHEREAS,on November 15, 2023, the City Council reviewed the current Mills Act
Property Tax Abatement Program and directed staff to return with a resolution establishing additional
standards for the program; and
WHEREAS, on March 26, 2024 the Historic Preservation Commission reviewed the
proposed standards and provided recommendations to the City Council.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Saratoga
that the City of Saratoga’s Mills Act Property Tax Abatement Program be administered as follows:
1. The City shall issue a notice of non-renewal for all Mills Act Historic Property Preservation
Agreements in effect on April 17,2024.
2. Immediately upon entering into a new Mills Act Historic Property Preservation Agreement, the
City shall issue a notice of non-renewal for that agreement so that each new agreement will
remain in place for no more than 10 years.
3. To be eligible for a Mills Act Historic Property Preservation Agreement, the propertyshall satisfy
at least four of the following criteria from City Code Section 13-15.010:
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
56
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.
4. Mills Act Historic Property Preservation Agreements shall include the following requirements:
a) Each year on the anniversary of the Effective Date, Owner shallprovideCity evidence
of maintenance of the Historic Property completed within the previous year.
b) Owner shall allow City to conduct annual inspections of the Historic Property. City
shall provide prior notice to Owner before conducting inspection.
The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City
Council held on the 17th day of April 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Yan Zhao, Mayor
ATTEST:
Britt Avrit, MMC, City Clerk
1766770.1
57
SARATOGA CITY COUNCIL
MEETING DATE: November 15, 2023
DEPARTMENT: Community Development Department
PREPARED BY: Bryan Swanson, Community Development Director
SUBJECT: Mills Act Program Policy Review
RECOMMENDED ACTION:
Review the City’s existing Mills Act Program and provide direction to staff regarding possible
changes.
BACKGROUND:
At its April 19, 2023 meeting the City Council directed staff to prepare information to facilitate
City Council discussion of whether the City should amend its Mills Act process to require
residential buildings subject to a Mills Act agreement be owner occupied. At the May 3, 2023
meeting, the City Council discussed creating an owner occupancy requirement and directed staff
to bring forward a Mills Act Policy discussion to consider placing a hold on the review of Mills
Act applications and to determine if the City will proceed with future Mills Act agreements. At
the June 7, 2023 meeting, the City Council suspended the City’s Mills Act program for up to 12
months, pending a future meeting to evaluate the City’s Mills Act program. Additional information
from the May and June meetings are included in Attachments B and C respectively.
The City Council approved the participation in the Mills Act Program in March, 2003 (Resolution
No. 03-016). It is Council policy that no more than three applications for the Mills Act be approved
per year and there are currently 17 properties subject to Mills Act agreements in the City.
Entering a Mills Act agreement is a voluntary and discretionary act by the City Council. This
means that the program is optional and the Council can choose to enter Mills Act contracts and set
reasonable conditions for such contracts. General Plan Policy LU 12.4 provides that “The City
shall continue to participate in the Mills Act program which allows property owners of historic
residences a reduction of their property tax.”
A property requesting a Mills Act contract must be on the Heritage Resource Inventory (HRI) as
well as a designated Historic Landmark. Per City Code 13-10.040(b), a property requesting
Landmark status must be reviewed by the Heritage Preservation Commission (HPC) who then
58
provide a recommendation to the City Council. The designation requires a public hearing and the
adoption of an ordinance for this designation. An HRI property must satisfy at least one of the
criteria included in City Code Section 13-15.010. A Landmark property must satisfy at least two
or more of the criteria, as provided below.
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.
Because the program is discretionary, the Council has a range of options. These include, but are
not limited to:
1. Limit the total number of Mills Act Agreements in the City;
2. Consider requiring a property to satisfy three or more of the criteria included in City
Code Section 13-15.010 to be considered for a Mills Act Contract with the City;
3. Issue a notice of non-renewal for all current Mills Act agreements and immediately
upon entering a new Mills Act agreement so that the new agreements remain in place
for only ten years;
4. Require owners of Mills Act properties to submit new maintenance plans every ten
years or be subject to non-renewal;
5. Terminate the City’s Mills Act Program and direct staff to process a General Plan
amendment to remove Policy LU 12.4; and
6. Consider other options or combinations of the options above.
If the Council proposes revisions to the City’s Mills Act program, pursuant to Section 13-10.040(d)
of the City Code, staff will take the matter to the Historic Preservation Commission for their
comment and then return to the City Council with the Commission’s recommendations for Council
consideration.
59
ATTACHMENTS:
Attachment A – City Council Resolution No. 03-016
Attachment B – City Council Staff Report with Attachments and Minutes from the May 3, 2023
Meeting.
Attachment C – City Council Staff Report with Attachments and Minutes from the June 7, 2023
Meeting.
1710306.1
60
61
SARATOGA CITY COUNCIL
MEETING DATE: June 7, 2023
DEPARTMENT: Community Development Department
PREPARED BY: Nicole Johnson, Senior Planner
SUBJECT: Mills Act Program Policy Options
RECOMMENDED ACTION:
Review the City’s existing Mills Act Program and provide direction to staff regarding possible
changes.
BACKGROUND:
At its May 3, 2023 meeting the City Council directed staff to place the discussion of the City’s
Mills Act program on a future agenda.
Enacted in 1972, the Mills Act is an economic incentive program in California for the restoration
and preservation of historic buildings by property owners. Entering a Mills Act agreement is a
voluntary and discretionary act by the City Council. This means that the program is optional and
the Council can choose to enter Mills Act contracts and set reasonable conditions for such
contracts.
The Mills Act grants 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. A Mills Act agreement has a term of 10 years. Each year the agreement is automatically
renewed unless the property owner or the City issues a notice of non-renewal. If the agreement is
not renewed, it expires after ten years at which time the tax benefit is rescinded and the property
owner is no longer subject to the requirements of the Mills Act agreement. The property remains
subject to the provisions of the City Code concerning historic landmarks.
The City Council approved the participation in the Mills Act Program in March, 2003. (See
Attachment A.) It is Council policy that no more than three applications for the Mills Act be
approved per year and there are currently 16 properties subject to Mills Act agreements in the City.
62
The City’s General Plan Land Use Element has the following goal and implementing policy related
to the Mills Act Program:
Goal LU 12: Recognize the heritage of the city by seeking to protect historic and cultural
resources, where feasible.
Policy LU 12.4: The City shall continue to participate in the Mills act program which
allows property owners of historic residences a reduction of their property tax.
Because the program is discretionary, the Council has a range of options. These include, but are
not limited to:
1) Suspend Saratoga’s Mills Act program for a defined period and declare that no Mills Act
applications will be considered until a specific date in the future;
2) Limit the number of Mills Act Agreements in the City to no more than one (1) a year;
3) Issue a notice of non-renewal for all current Mills Act agreements and immediately upon
entering a new Mills Act agreement so that the new agreements remain in place for only
ten years;
4) Require owners of Mills Act properties to submit new maintenance plans every five years
or be subject to non-renewal;
5) Prohibit rental of residential properties subject to the Mills Act;
6) Terminate the City’s Mills Act Program and direct staff to process a General Plan
amendment to remove Policy LU 12.4; and
7) Consider other options or combinations of the options above.
If the Council proposes revisions to the City’s Mills Act program, pursuant to Section 13-10.040(d)
of the City Code, staff will take the matter to the Historic Preservation Commission for their
comment and then return to the City Council with the Commission’s recommendations for Council
consideration.
ATTACHMENTS:
Attachment A – Resolution 03-016 (Approving the City’s participation in the Mills Act Program)
Attachment B – Public Comments
1645517.1
63
64
1
From: Kookie Fitzsimmons <kookie@saratoga.ca.us>
Sent: Monday, May 8, 2023 5:05 PM
To: Britt Avrit <bavrit@saratoga.ca.us>
Subject: Fw: Mills Act Thoughts
From: Darrell Miller <>
Sent: Thursday, May 4, 2023 8:48 AM
To: Kookie Fitzsimmons <kookie@saratoga.ca.us>; Yan Zhao <yzhao@saratoga.ca.us>; Belal Aftab
<baftab@saratoga.ca.us>; Chuck Page <cpage@saratoga.ca.us>; Tina Walia <twalia@saratoga.ca.us>
Subject: Mills Act Thoughts
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking
links, especially from unknown senders.
I attended last evening's Council Meeting via Zoom, intending to provide this public comment, but unfortunately was
late in raising my hand.
See attached.
65
Everyone in Saratoga values historic preservation.
In this agenda item you are considering one incremental change to our Saratoga Mills Act
program
In reviewing the thought provoking email from Bill Dalton attached to the agenda, I
think it is time for a thorough review of the Mills Act program, its criteria, it costs,
benefits, the staff time involved, and the amount historic preservation delivered.
Are we getting a maximum amount of historic preservation from our Mills Act program,
or do we have a tax break primarily benefiting a few?
In terms of tangible costs, I find it surprising that for every dollar of lost city revenue that
you approve, there is $15 of lost revenue to schools, the library system, the fire
department, etc., impacting the finances of groups that are not involved in the approval
process.
I also wonder if the costs of implementation, including staff time, are being recouped
from property owners. What this part of the recent fee review?
Thank you.
66
Saratoga City Council Minutes ~ June 7, 2023 ~ Page 1 of 12
MINUTES
WEDNESDAY, JUNE 7, 2023
SARATOGA CITY COUNCIL REGULAR MEETING
At 5:30 p.m., the City Council held a Closed Session in the Linda Callon Conference Room.
Mayor Fitzsimmons invited public comment.
No one requested to speak.
At 6:15 p.m., the City Council held a Joint Session with Supervisor Simitian and Saratoga Area
Senior Coordinating Council (SASCC) in the Linda Callon Conference Room.
Mayor Fitzsimmons invited public comment.
No one requested to speak.
Mayor Fitzsimmons called the Regular Session to order at 7:11 p.m.
ROLL CALL
PRESENT: Mayor Kookie Fitzsimmons, Vice Mayor Yan Zhao, Council Members
Belal Aftab, Chuck Page, Tina Walia
ABSENT: None
ALSO PRESENT: James Lindsay, City Manager
Richard Taylor, City Attorney
Leslie Arroyo, Assistant City Manager
Nick Pegueros, Administrative Services Director
John Cherbone, Public Works Director
Britt Avrit, City Clerk
Lauren Blom, Public Information Officer
REPORT ON POSTING OF THE AGENDA
The City Clerk reported the agenda for this meeting was properly posted on June 2, 2023.
REPORT FROM STUDY SESSION AND JOINT SESSION
Mayor Fitzsimmons stated the City Council met in Closed Session prior to the Joint Session to
discuss labor negotiations with no reportable action.
Mayor Fitzsimmons stated the City Council held a Joint Session with Supervisor Simitian and
Saratoga Area Senior Coordinating Council (SASCC).
Supervisor Simitian and Tylor Taylor, Saratoga Area Senior Coordinating Council (SASCC)
Executive Director, provided a report of the City Council Joint Session.
ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS
Mayor Fitzsimmons invited public comment.
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Saratoga City Council Minutes ~ June 7, 2023 ~ Page 2 of 12
The following individuals spoke at this time:
Dory Albert discussed review of emergency preparedness procedures for the City, the Safe Routes
to School Program and adding a bicycle bridge in the City.
Carl Gaurdino discussed the July 1st annual Stars and Stripes run and walk.
Jimmy Apffel discussed the July 1st annual Stars and Stripes run and walk.
ANNOUNCEMENTS
Mayor Fitzsimmons shared information about the Dragon Boat Festival, Summer Movie Nights,
Saratoga Safety Fair and Youth in Government.
Council Member Walia shared information about the “Find Your Voice” free summer reading
program and training for recognizing opioid overdose offered at all community libraries in the
summer and fall.
Council Member Aftab shared information about the Saratoga Historical Foundation’s mahjong
fundraiser and Paul Masson Winery lecture.
PUBLIC HEARINGS
2.1. Landscaping & Lighting Assessment District LLA-1 - Public Hearing for Proposition
218 Protest Election for the Annexation of a New Zone 41 (Saratoga Woods) and
Confirmation of Assessments for FY 23-24
Recommended Action:
Conduct the public hearing, accept the results of the balloting and, if approved, adopt the
Resolution Ordering the Improvements and Confirming the Diagram and Assessments for
FY 23-24.
John Cherbone, Public Works Director, presented the staff report.
Mayor Fitzsimmons invited public comment.
No one requested to speak.
Mayor Fitzsimmons continued this item until counting of the ballots was complete.
The City Council returned to this item after ballots were tabulated.
Britt Avrit, City Clerk, presented the results of the ballots submitted for New Zone 41
(Saratoga Woods); 173 ballots received; 142 yes, 31 no.
RESOLUTION 23-043
PAGE/ZHAO MOVED TO ACCEPT THE RESULTS OF THE BALLOTING AND
ADOPT THE RESOLUTION ORDERING THE IMPROVEMENTS AND
CONFIRMING THE DIAGRAM AND ASSESSMENTS FOR FY 23-24 FOR NEW
ZONE 41 (SARATOGA WOODS). MOTION PASSED BY THE FOLLOWING VOTE:
AYES: AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS. NOES: NONE. ABSTAIN:
NONE. RECUSED: NONE. ABSENT: NONE.
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Saratoga City Council Minutes ~ June 7, 2023 ~ Page 3 of 12
2.2. Landscaping & Lighting Assessment District LLA-1 - Public Hearing for Proposition
218 Protest Election for the Annexation of a New Zone 42 (Gardiner Park) and
Confirmation of Assessments for FY 23-24
Recommended Action:
Conduct the public hearing, accept the results of the balloting and, if approved, adopt the
Resolution Ordering the Improvements and Confirming the Diagram and Assessments for
FY 23-24.
John Cherbone, Public Works Director, presented the staff report.
Mayor Fitzsimmons invited public comment.
The following individual spoke: Dory Albert
Mayor Fitzsimmons continued this item until counting of the ballots was complete.
The City Council returned to this item after ballots were tabulated.
Britt Avrit, City Clerk, presented the results of the ballots submitted for New Zone 42
(Gardiner Park); 47 ballots received; 38 yes, 9 no.
RESOLUTION 23-044
AFTAB/PAGE MOVED TO ACCEPT THE RESULTS OF THE BALLOTING AND
ADOPT THE RESOLUTION ORDERING THE IMPROVEMENTS AND
CONFIRMING THE DIAGRAM AND ASSESSMENTS FOR FY 23-24 FOR NEW
ZONE 42 (GARDINER PARK). MOTION PASSED BY THE FOLLOWING VOTE:
AYES: AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS. NOES: NONE. ABSTAIN:
NONE. RECUSED: NONE. ABSENT: NONE.
2.3. Landscaping & Lighting Assessment District LLA-1 - Public Hearing for Proposition
218 Protest Election for the Annexation of a New Zone 43 (Lower Pierce) and Confirmation
of Assessments for FY 23-24
Recommended Action:
Conduct the public hearing, accept the results of the balloting and, if approved, adopt the
Resolution Ordering the Improvements and Confirming the Diagram and Assessments for
FY 23-24.
John Cherbone, Public Works Director, presented the staff report.
Mayor Fitzsimmons invited public comment.
No one requested to speak.
Mayor Fitzsimmons continued this item until counting of the ballots was complete.
The City Council returned to this item after ballots were tabulated.
Britt Avrit, City Clerk, presented the results of the ballots submitted for New Zone 43 (Lower
Pierce); 24 ballots received; 19 yes, 5 no.
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Saratoga City Council Minutes ~ June 7, 2023 ~ Page 4 of 12
RESOLUTION 23-045
PAGE/ZHAO MOVED TO ACCEPT THE RESULTS OF THE BALLOTING AND
ADOPT THE RESOLUTION ORDERING THE IMPROVEMENTS AND
CONFIRMING THE DIAGRAM AND ASSESSMENTS FOR FY 23-24 FOR NEW
ZONE 43 (LOWER PIERCE). MOTION PASSED BY THE FOLLOWING VOTE: AYES:
AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS. NOES: NONE. ABSTAIN: NONE.
RECUSED: NONE. ABSENT: NONE.
2.4. Landscaping & Lighting Assessment District LLA-1 - Public Hearing for Proposition
218 Protest Election for the Annexation of a New Zone 44 (Golden Triangle) and
Confirmation of Assessments for FY 23-24
Recommended Action:
Conduct the public hearing, accept the results of the balloting and, if approved, adopt the
Resolution Ordering the Improvements and Confirming the Diagram and Assessments for
FY 23-24.
John Cherbone, Public Works Director, presented the staff report.
Mayor Fitzsimmons invited public comment.
The following individuals spoke: Vijay, and a member of the public
Mayor Fitzsimmons continued this item until counting of the ballots was complete.
The City Council returned to this item after ballots were tabulated.
Britt Avrit, City Clerk, presented the results of the ballots submitted for New Zone 44 (Golden
Triangle); 344 ballots received; 228 yes, 116 no.
RESOLUTION 23-046
AFTAB/PAGE MOVED TO ACCEPT THE RESULTS OF THE BALLOTING AND
ADOPT THE RESOLUTION ORDERING THE IMPROVEMENTS AND
CONFIRMING THE DIAGRAM AND ASSESSMENTS FOR FY 23-24 FOR NEW
ZONE 44 (GOLDEN TRIANGLE). MOTION PASSED BY THE FOLLOWING VOTE:
AYES: AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS. NOES: NONE. ABSTAIN:
NONE. RECUSED: NONE. ABSENT: NONE.
2.5. Landscaping & Lighting Assessment District LLA-1 - Public Hearing for Proposition
218 Protest Election for the Annexation of a New Zone 45 (Burgundy) and Confirmation of
Assessments for FY 23-24
Recommended Action:
Conduct the public hearing, accept the results of the balloting and, if approved, adopt the
Resolution Ordering the Improvements and Confirming the Diagram and Assessments for
FY 23-24.
John Cherbone, Public Works Director, presented the staff report.
Mayor Fitzsimmons invited public comment.
The following individual spoke: Bridget Dimambro
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Saratoga City Council Minutes ~ June 7, 2023 ~ Page 5 of 12
0
Mayor Fitzsimmons continued this item until counting of the ballots was complete.
The City Council returned to this item after ballots were tabulated.
Britt Avrit, City Clerk, presented the results of the ballots submitted for New Zone 45
(Burgundy); 32 ballots received; 24 yes, 8 no.
RESOLUTION 23-047
PAGE/FITZSIMMONS MOVED TO ACCEPT THE RESULTS OF THE BALLOTING
AND ADOPT THE RESOLUTION ORDERING THE IMPROVEMENTS AND
CONFIRMING THE DIAGRAM AND ASSESSMENTS FOR FY 23-24 FOR NEW
ZONE 45 (BURGUNDY). MOTION PASSED BY THE FOLLOWING VOTE: AYES:
AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS. NOES: NONE. ABSTAIN: NONE.
RECUSED: NONE. ABSENT: NONE.
2.6. Landscaping & Lighting Assessment District LLA-1 - Public Hearing for Proposition
218 Protest Election for the Annexation of a New Zone 46 (Austin Bainter) and
Confirmation of Assessments for FY 23-24
Recommended Action:
Conduct the public hearing, accept the results of the balloting and, if approved, adopt the
Resolution Ordering the Improvements and Confirming the Diagram and Assessments for
FY 23-24.
John Cherbone, Public Works Director, presented the staff report.
Mayor Fitzsimmons invited public comment.
No one requested to speak.
Mayor Fitzsimmons continued this item until counting of the ballots was complete.
The City Council returned to this item after ballots were tabulated.
Britt Avrit, City Clerk, presented the results of the ballots submitted for New Zone 46 (Austin
Bainter); 19 ballots received; 13 yes, 6 no.
RESOLUTION 23-048
PAGE/AFTAB MOVED TO ACCEPT THE RESULTS OF THE BALLOTING AND
ADOPT THE RESOLUTION ORDERING THE IMPROVEMENTS AND
CONFIRMING THE DIAGRAM AND ASSESSMENTS FOR FY 23-24 FOR NEW
ZONE 46 (AUSTIN BAINTER). MOTION PASSED BY THE FOLLOWING VOTE:
AYES: AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS. NOES: NONE. ABSTAIN:
NONE. RECUSED: NONE. ABSENT: NONE.
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Saratoga City Council Minutes ~ June 7, 2023 ~ Page 6 of 12
CEREMONIAL ITEMS
Commendations Recognizing Outgoing Youth Commissioners
Recommended Action:
Receive presentation on efforts of the Youth Commission during the 2022/23 school year
and present commendations to outgoing Commissioners Alex Xia, Aniket Singh, Ashly
Henry, Nicole Hao, and Saket Kelkar recognizing their service on the Saratoga Youth
Commission.
The City Council received the Youth Commission presentation and commended outgoing
Commissioners Alex Xia, Aniket Singh, Ashly Henry, Nicole Hao, and Saket Kelkar
recognizing their service on the Saratoga Youth Commission.
Appointment of Youth Commissioners
Recommended Action:
Adopt the Resolution appointing Julie Chen, Sia Chowdhri, Hillary Gonzalez, Sriya
Mukund and Bianca Sutioso to the Youth Commission and direct the City Clerk to
administer the Oath of Office.
RESOLUTION 23-039
ZHAO/AFTAB MOVED TO ADOPT THE RESOLUTION APPOINTING JULIE
CHEN, SIA CHOWDHRI, HILLARY GONZALEZ, SRIYA MUKUND AND BIANCA
SUTIOSO TO THE YOUTH COMMISSION AND DIRECT THE CITY CLERK TO
ADMINISTER THE OATH OF OFFICE. MOTION PASSED BY THE FOLLOWING
VOTE: AYES: AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS. NOES: NONE.
ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE.
SPECIAL PRESENTATION
New Taipei Friendship City Special Presentation
Recommended Action:
Receive presentation on a proposal to establish a Friendship City relationship with New
Taipei.
Katherine Tseng, Wendy Chang, Jennifer & David Guidry and John, provided a presentation
on a proposal to establish a Friendship City relationship with New Taipei.
Mayor Fitzsimmons invited public comment.
No one requested to speak.
1. CONSENT CALENDAR
Mayor Fitzsimmons invited public comment.
No one requested to speak.
1.1. City Council Meeting Minutes
Recommended Action:
Approve the Minutes for the May 17, 2023 City Council Regular Meeting.
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Saratoga City Council Minutes ~ June 7, 2023 ~ Page 7 of 12
ZHAO/PAGE MOVED TO APPROVE THE MINUTES FOR THE MAY 17, 2023 CITY
COUNCIL REGULAR MEETING. MOTION PASSED BY THE FOLLOWING VOTE:
AYES: AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS. NOES: NONE. ABSTAIN:
NONE. RECUSED: NONE. ABSENT: NONE.
1.2. Review and Accept Accounts Payable Check Registers
Recommended Action:
Review and accept the 05/10/2023, 05/18/2023, and 05/25/2023 accounts payable vendor
payment check registers.
ZHAO/PAGE MOVED TO REVIEW AND ACCEPT THE 05/10/2023, 05/18/2023, AND
05/25/2023 ACCOUNTS PAYABLE VENDOR PAYMENT CHECK REGISTERS.
MOTION PASSED BY THE FOLLOWING VOTE: AYES: AFTAB, PAGE, WALIA,
ZHAO, FITZSIMMONS. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE.
ABSENT: NONE.
1.3. Treasurer’s Report for the Month Ended April 30, 2023
Recommended Action:
Review and accept the Treasurer’s Report for the month ended April 30, 2023.
ZHAO/PAGE MOVED TO REVIEW AND ACCEPT THE TREASURER’S REPORT
FOR THE MONTH ENDED APRIL 30, 2023. MOTION PASSED BY THE
FOLLOWING VOTE: AYES: AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS. NOES:
NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE.
1.4. Resolution to Establish a List of Projects to be Funded by The Road Repair and
Accountability Act of 2017 for FY 2023-24
Recommended Action:
Adopt the Resolution to establish a list of projects to be funded by the Road Repair and
Accountability Act of 2017 for FY 2023-24.
RESOLUTION 23-040
ZHAO/PAGE MOVED TO ADOPT THE RESOLUTION TO ESTABLISH A LIST OF
PROJECTS TO BE FUNDED BY THE ROAD REPAIR AND ACCOUNTABILITY
ACT OF 2017 FOR FY 2023-24. MOTION PASSED BY THE FOLLOWING VOTE:
AYES: AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS. NOES: NONE. ABSTAIN:
NONE. RECUSED: NONE. ABSENT: NONE.
1.5. No U-Turn on Saratoga Avenue at Ranfre Lane
Recommended Action:
Adopt the Motor Vehicle Resolution authorizing No U-Turn for vehicles traveling
southbound on Saratoga Avenue at Ranfre Lane.
RESOLUTION MV 333
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Saratoga City Council Minutes ~ June 7, 2023 ~ Page 8 of 12
ZHAO/PAGE MOVED TO ADOPT THE MOTOR VEHICLE RESOLUTION
AUTHORIZING NO U-TURN FOR VEHICLES TRAVELING SOUTHBOUND ON
SARATOGA AVENUE AT RANFRE LANE. MOTION PASSED BY THE
FOLLOWING VOTE: AYES: AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS. NOES:
NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE.
1.6. Budget Amendment – Allendale Landscape District LLA Zone 36
Recommended Action:
Adopt the Resolution appropriating $4,000 from the LLA Zone 36 fund balance into the
Fiscal Year 2022/23 operating budget.
RESOLUTION 23-041
ZHAO/PAGE MOVED TO ADOPT THE RESOLUTION APPROPRIATING $4,000
FROM THE LLA ZONE 36 FUND BALANCE INTO THE FISCAL YEAR 2022/23
OPERATING BUDGET. MOTION PASSED BY THE FOLLOWING VOTE: AYES:
AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS. NOES: NONE. ABSTAIN: NONE.
RECUSED: NONE. ABSENT: NONE.
1.7. Resolution Recommending Approval of Road Closure for Annual Saratoga Car Show
Recommended Action:
Adopt the Resolution recommending approval of the closure of Big Basin Way/State Route
9 for the annual Saratoga Car Show.
RESOLUTION 23-042
ZHAO/PAGE MOVED TO ADOPT THE RESOLUTION RECOMMENDING
APPROVAL OF THE CLOSURE OF BIG BASIN WAY/STATE ROUTE 9 FOR THE
ANNUAL SARATOGA CAR SHOW. MOTION PASSED BY THE FOLLOWING
VOTE: AYES: AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS. NOES: NONE.
ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE.
2. PUBLIC HEARINGS
2.7. Landmark Designation & Mills Act Agreement for 14275 Saratoga Avenue
Application No. LNDMRK23-0001 & MIL23-0001
Recommended Action:
The Heritage Preservation Commission (HPC) recommends that the City Council:
1. Conduct a public hearing on the proposal to designate the subject property as a historic
landmark and enter into a Mills Act Agreement.
2. Introduce and waive first reading of the attached ordinance designating the property as a
historic landmark.
3. Direct staff to place the ordinance on the Consent Calendar for adoption at the next
regular meeting of the City Council.
4. Adopt the attached Resolution authorizing the City Manager to enter into a Mills Act
Agreement for the property located at 14275 Saratoga Avenue upon the effective date of the
landmark ordinance.
Nicole Johnson, Senior Planner, presented the staff report.
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Saratoga City Council Minutes ~ June 7, 2023 ~ Page 9 of 12
Mayor Fitzsimmons invited public comment.
The following individuals spoke: Jorge Sanchez, Alexandra Nugent, Marilyn Marchetti, Priya
Shastri, Bill Dalton, Rina Shah
RESOLUTION 23-049
WALIA/PAGE MOVED TO INTRODUCE AND WAIVE FIRST READING OF THE
ORDINANCE DESIGNATING THE PROPERTY AS A HISTORIC LANDMARK,
DIRECT STAFF TO PLACE THE ORDINANCE ON THE CONSENT CALENDAR
FOR ADOPTION AT THE NEXT REGULAR MEETING OF THE CITY COUNCIL,
ADOPT THE RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER
INTO A MILLS ACT AGREEMENT FOR THE PROPERTY LOCATED AT 14275
SARATOGA AVENUE UPON THE EFFECTIVE DATE OF THE LANDMARK
ORDINANCE. MOTION PASSED BY THE FOLLOWING VOTE: AYES: AFTAB,
PAGE, WALIA, ZHAO, FITZSIMMONS. NOES: NONE. ABSTAIN: NONE. RECUSED:
NONE. ABSENT: NONE.
Mayor Fitzsimmons requested a recess at this time.
Mayor Fitzsimmons reconvened the meeting at 9:15 p.m.
2.8. Fiscal Year 2023-24 Budget Public Hearing
Recommended Action:
Conduct public hearing on the proposed Fiscal Year 2023-24 budget and provide direction
on edits for final consideration at the June 21 City Council meeting.
Nick Pegueros, Administrative Services Director, presented the staff report.
Mayor Fitzsimmons invited public comment.
No one requested to speak.
PAGE/WALIA MOVED TO CONSIDER ADOPTION OF THE PROPOSED BUDGET
AT THE JUNE 21, 2023 CITY COUNCIL MEETING. MOTION PASSED BY THE
FOLLOWING VOTE: AYES: AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS. NOES:
NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE.
2.9. Landscaping & Lighting Assessment District LLA-1 - Public Hearing, Approval of
Engineer’s Report, and Confirmation of Assessments for FY 23-24
Recommended Action:
Conduct the public hearing and following consideration of public comments adopt the
Resolution Ordering the Improvements and Confirming the Diagram and Assessments for
FY 23-24.
John Cherbone, Public Works Director, presented the staff report.
Mayor Fitzsimmons invited public comment.
No one requested to speak.
RESOLUTION 23-050
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ZHAO/WALIA MOVED TO ADOPT THE RESOLUTION ORDERING THE
IMPROVEMENTS AND CONFIRMING THE DIAGRAM AND ASSESSMENTS
FOR FY 23-24. MOTION PASSED BY THE FOLLOWING VOTE: AYES: AFTAB,
PAGE, WALIA, ZHAO, FITZSIMMONS. NOES: NONE. ABSTAIN: NONE. RECUSED:
NONE. ABSENT: NONE.
3. GENERAL BUSINESS
3.1. Paint the City Artwork Approval
Recommended Action:
Approve artwork recommended by the Public Art Commission for the 3 utility box locations
included in the 2023 cycle of Paint the City: Saratoga Utility Box Art Project; approve and
authorize artist stipends in the amount of $600 per location; and adopt the Resolution
supporting installation of artwork on State of California Department of Transportation
(Caltrans) utility box locations on Saratoga Avenue north and south of State Route 85,
assuming responsibility for maintenance and upkeep of artwork, and authorizing the City
Manager to execute a maintenance agreement.
Crystal Bothelio, Consultant, presented the staff report.
Mayor Fitzsimmons invited public comment.
No one requested to speak.
RESOLUTION 23-051
WALIA/ZHAO MOVED TO APPROVE ARTWORK RECOMMENDED BY THE
PUBLIC ART COMMISSION FOR THE 3 UTILITY BOX LOCATIONS INCLUDED
IN THE 2023 CYCLE OF PAINT THE CITY: SARATOGA UTILITY BOX ART
PROJECT; APPROVE AND AUTHORIZE ARTIST STIPENDS IN THE AMOUNT
OF $600 PER LOCATION; AND ADOPT THE RESOLUTION SUPPORTING
INSTALLATION OF ARTWORK ON STATE OF CALIFORNIA DEPARTMENT OF
TRANSPORTATION (CALTRANS) UTILITY BOX LOCATIONS ON SARATOGA
AVENUE NORTH AND SOUTH OF STATE ROUTE 85, ASSUMING
RESPONSIBILITY FOR MAINTENANCE AND UPKEEP OF ARTWORK, AND
AUTHORIZING THE CITY MANAGER TO EXECUTE A MAINTENANCE
AGREEMENT. MOTION PASSED BY THE FOLLOWING VOTE: AYES: AFTAB,
PAGE, WALIA, ZHAO, FITZSIMMONS. NOES: NONE. ABSTAIN: NONE. RECUSED:
NONE. ABSENT: NONE.
3.2. Saratoga Area Senior Coordinating Council Amended Lease
Recommended Action:
Authorize the City Manager to execute the amended lease agreement with the Saratoga Area
Senior Coordinating Council.
Crystal Bothelio, Consultant, presented the staff report.
Mayor Fitzsimmons invited public comment.
No one requested to speak.
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Saratoga City Council Minutes ~ June 7, 2023 ~ Page 11 of 12
PAGE/AFTAB MOVED TO AUTHORIZE THE CITY MANAGER TO EXECUTE
THE AMENDED LEASE AGREEMENT WITH THE SARATOGA AREA SENIOR
COORDINATING COUNCIL. MOTION PASSED BY THE FOLLOWING VOTE:
AYES: AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS. NOES: NONE. ABSTAIN:
NONE. RECUSED: NONE. ABSENT: NONE.
3.3. Council Resolution to Adopt Memorandum of Understanding for the Carpenters 46
Northern California Counties Conference Board on behalf of the Northern California
Carpenters Regional Council (“UNION”) July 1, 2023 to June 30, 2027.
Recommended Action:
Approve the proposed Memorandum of Understanding (MOU) and adopt the Resolution to
adopt Memorandum of Understanding for the Carpenters 46 Northern California Counties
Conference Board on behalf of the Northern California Carpenters Regional Council
(“UNION”) July 1, 2023, to June 30, 2027.
Nick Pegueros, Administrative Services Director, presented the staff report.
Mayor Fitzsimmons invited public comment.
No one requested to speak.
RESOLUTION 23-052
PAGE/ZHAO MOVED TO APPROVE THE PROPOSED MEMORANDUM OF
UNDERSTANDING (MOU) AND ADOPT THE RESOLUTION TO ADOPT
MEMORANDUM OF UNDERSTANDING FOR THE CARPENTERS 46
NORTHERN CALIFORNIA COUNTIES CONFERENCE BOARD ON BEHALF OF
THE NORTHERN CALIFORNIA CARPENTERS REGIONAL COUNCIL
(“UNION”) JULY 1, 2023, TO JUNE 30, 2027. MOTION PASSED BY THE
FOLLOWING VOTE: AYES: AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS. NOES:
NONE. ABSTAIN: NONE. RECUSED: PAGE. ABSENT: NONE.
3.4. Mills Act Program Policy Options
Recommended Action:
Review the City’s existing Mills Act Program and provide direction to staff regarding
possible changes.
Nicole Johnson, Senior Planner, presented the staff report.
Mayor Fitzsimmons invited public comment.
The following individuals spoke: Marilyn Marchetti, Annette Stransky, Priya Shastri, Bill
Dalton, Rina Shah, Daryl Miller, Alexandra Nugent
PAGE/FITZSIMMONS MOVED TO INSTITUTE A MORATORIUM FOR ALL MILLS
ACT APPROVALS FOR THE NEXT 12 MONTHS OR UNTIL THE PROCESS HAS
BEEN UPDATED WHICHEVER IS SOONER, SEND A LETTER TO ALL MILLS
ACT PROPERTY HOMEOWNERS STATING THEIR 10-YEAR CYCLE ENDS AT
THE END OF THE CURRENT 10 YEAR CYCLE, HAVE THE CITY COUNCIL
WORK WITH APPROPRIATE CITY COMMISSION TO DEVELOP AN UPDATED
SET OF RULES.
Additional discussion took place.
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Saratoga City Council Minutes ~ June 7, 2023 ~ Page 12 of 12
PAGE/FITZSIMMONS MOVED TO SUSPEND SARATOGA’S MILLS ACT
PROGRAM FOR UP TO 12 MONTHS PENDING A FUTURE STUDY SESSION TO
EVALUATE IMPLEMENTATION OF THE MILLS ACT. MOTION PASSED BY THE
FOLLOWING VOTE: AYES: PAGE, ZHAO, FITZSIMMONS. NOES: AFTAB, WALIA.
ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE.
COUNCIL ASSIGNMENTS
Council Member Tina Walia
KSAR Community Access TV Board - stated she attended the meeting with nothing to report.
Santa Clara County Library District Board of Directors – stated the Board adopted Fiscal Year
23-24 budget and appointed Cupertino Vice Mayor Sheila Mohan as Finance Committee Member
at Large.
Council Member Chuck Page
Nothing to report.
Council Member Belal Aftab
Nothing to report.
Vice Mayor Yan Zhao
Saratoga Ministerial Association - stated the Association discussed the Memorial Day Service.
Mayor Kookie Fitzsimmons
Nothing to report.
CITY COUNCIL ITEMS
None
COUNCIL COMMUNICATIONS
None
CITY MANAGER'S REPORT
None
CITY ATTORNEY'S REPORT
None
ADJOURNMENT
PAGE/AFTAB MOVED TO ADJOURN THE MEETING AT 11:04 P.M. MOTION PASSED
BY THE FOLLOWING VOTE: AYES: AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS.
NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE.
Minutes respectfully submitted:
Britt Avrit, City Clerk
City of Saratoga
78
SARATOGA CITY COUNCIL
MEETING DATE: May 3, 2023
DEPARTMENT: Community Development Department
PREPARED BY: Nicole Johnson, Senior Planner
SUBJECT: Consider Owner Occupancy Requirement for Mills Act Agreements
RECOMMENDED ACTION:
Provide direction to staff regarding whether the City should require that residential buildings
subject to a Mills Act agreement be owner occupied.
BACKGROUND:
At its April 19, 2023 meeting the City Council directed staff to prepare information to facilitate
City Council discussion of whether the City should amend its Mills Act process to require that that
residential buildings subject to a Mills Act agreement be owner occupied.
As background, 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. The City Council approved participating in the Mills Act
Program in March, 2003. It is Council policy that no more than three applications for the Mills
Act be approved per year.
A Mills Act agreement has a term of 10 years. Each year the agreement is automatically renewed
unless the property owner or the City issues a notice of non-renewal. If the contract is not renewed,
it expires after 10 years. Over those ten years the property taxes gradually increase until they reach
their normal level at the end of the term of the agreement. A Mills Act agreement can also be
cancelled if the property owner is found to be in breach of the agreement, terminating it
immediately. In the event of a cancellation, the landowner must pay a fee of 12.5% of the
property’s assessed value to the county auditor and the property taxes immediately increase to their
normal level.
Entering a Mills Act agreement is a voluntary and discretionary act by the City Council. This
means that the Council can set reasonable conditions for such contracts. Accordingly, the Council
79
could choose to impose an owner occupancy requirement for residential buildings subject to a
Mills Act agreement.
The key policy questions related to creating an owner occupancy requirement are: (1) what
standards determine whether the occupant is an owner; (2) the process for terminating the
agreement when the owner-occupancy requirement is no longer satisfied; and (3) whether there
should be any exceptions to the requirement. Each of these is discussed below. Council or
members of the public may identify other policy issues and these can be discussed at the Council
meeting as well.
Who qualifies as an owner? Title to property can be held in various ways. The policy could be
structured in ways ranging from very strict (at least one of the occupants must be a person named
on title) to less strict (the property must not be occupied by any person paying for the right to
occupy the property). One approach would be to rely on the State of California’s existing system
whereby homeowners claim a homeowner’s exemption under state property tax laws. This
approach would have Council policy be that all residences subject to a Mills Act agreement be
occupied in such a way that the property qualifies for the homeowner’s exemption as reflected in
the County Assessor’s records. Alternatively, the policy could require that property owners with
Mills Act agreements provide the City with evidence of occupancy on annual basis (this could
include things such as copies of driver’s licenses and vehicle registration, recent utility bills,
redacted bank statements, etc.). Of course there are many other approaches that could be used.
What is the process for terminating the agreement? If a property no longer satisfies the owner
occupancy requirement the Council policy can provide that either (1) the City cancel the agreement
immediately (requiring payment of the 12.5% fee by the property owner and leading to an
immediate increase to normal tax levels), or (2) the City issue a notice of nonrenewal, terminating
the contract after 10 years (with a gradual increase in taxes over that period).
Should there be any exceptions? The Council should consider whether there should be any
exceptions to the requirement. For example, during the April 19 City Council meeting there was
a suggestion that there be an exception in the event the property is not owner occupied due to an
illness.
Staff reached out to other cities with Mills Act programs for insights as to how others have
addressed these policy questions. Of the sixteen cities that responded, none has an owner
occupancy requirement and so staff received no information on approaches to how this
requirement could be implemented.
NEXT STEPS
Based on Council direction staff will prepare a draft statement of the Council policy and a draft of
an additional provision to be inserted in the City’s standard form for Mills Act Agreements.
Pursuant to Section 13-10.040(d) of the City Code, staff will take the matter to the Historic
Preservation Commission for their comment and then return to the City Council with the
Commission’s recommendations for Council consideration. Following Council action staff will
return with the Mills Act agreement that had been before the Council on April 19. Staff will not
80
process any further Mills Act agreements until this process is complete. Staff has consulted with
the Tax Assessor’s office and they have indicated that Mills Act agreements recorded by December
31, 2023 will be eligible for reduced property taxes in 2024.
ATTACHMENTS:
Attachment A – March 3, 2003 Resolution Approving the Mills Act Program
Attachment B – Form Mills Act Agreement
1639806.1
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Page 1 of 12
Recording Requested by and
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 ________ 2023 by
and between, ("Owner"), Owner of the real property described below, and the City
of Saratoga, California, a municipal corporation, ("City"). City and Owner may be referred to herein
individually as a "Party" or collectively as the "Parties" or the "Parties to this Agreement."
A. Recitals.
(1) California Government Code Section 50280, et seq. authorizes the City to enter into
contracts with owners of qualified historical properties to provide for the use, maintenance, and
restoration of historical properties to retain characteristics of historical significance.
(2) Owner possesses fee title in and to (together with associated structures and
improvements thereon) the real property described in Exhibit A to this Agreement and referenced
herein as Historic Property. The Historic Property is shown as Assessors' Parcel Number XXX-XX-
XXX on the 2023 Santa Clara County Assessors' Roll and is generally referenced by the following
street address: XXXX in the City of Saratoga, as of the Effective Date.
(3) The Historic Property was designated by the City as a historic landmark by Ordinance
No 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 agreement both to
protect and preserve the characteristics of historical significance of the Historic Property and to
qualify the Historic Property for an assessment of valuation pursuant to Sections 439-439.4 of the
California Revenue and Taxation Code. The Resolution of the City Council approving this
Agreement is attached hereto as Exhibit B.
B. Agreement.
City and Owner, in consideration of the mutual covenants and conditions set forth herein and
the recitals set forth above, do hereby agree as follows:
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Page 2 of 12
(1) Term of Agreement.
(a) This Agreement shall be effective and commence on the date recorded in the Santa Clara
County Recorder’s Office (“Effective Date”) and shall remain in effect for a term of ten (10) years
thereafter.
(b) Each year on the anniversary of the Effective Date ("Renewal Date"), the term of the
Agreement shall be extended by one year unless notice of non-renewal is served as provided herein.
(c) In accordance with Government Code section 50282 if either Owner or City desire in any
year not to renew the Agreement, that Party shall serve on the other Party written notice of non-
renewal. Notice of non-renewal by City shall be filed at least sixty days prior to the Renewal Date.
Notice of non-renewal by Owner shall be filed at least ninety days prior to the Renewal Date. Either
party may protest a notice of non-renewal. A notice of non-renewal may be withdrawn at any time
prior to the Renewal Date by serving the other Party with a notice of withdrawal of the notice of
non-renewal. If a Party serves and does not withdraw a notice of non-renewal the Agreement shall
remain in effect for ten years from the next Renewal Date as stated in this contract.
(2) Condition of Historic Property. The characteristics that contribute to the historic
significance of the Historic Property and the condition of the Historic Property as of the Effective
Date are documented in Exhibit C to this Agreement (“Baseline Conditions”).
(3) Standards for Historical Property. During the term of this Agreement, the Historic
Property shall be subject to the following conditions, requirements, and restrictions:
(a) Owner shall immediately implement the list of goals and general improvement plans for
maintenance, restoration and rehabilitation of the Historic Property as set forth in Exhibit D to this
Agreement (“Restoration Plan”) in order to bring the Historic Property into conformance with the
rules and regulations of the Office of Historic Preservation of the California Department of Parks
and Recreation, the Secretary of the Interior’s Standards for Rehabilitation and the State of
California's Historic Building Code (collectively, the “Applicable Rules”). Thereafter, Owner shall
preserve and maintain the characteristics that contribute to the historic significance of the Historic
Property. This shall include, but not be limited to, maintaining the Historic Property in good repair
and conducting all use, maintenance, repair, restoration, and preservation in accordance with the
Applicable Rules and all other City, State, and Federal laws.
(b) Nothing in this Agreement shall be construed to prevent the ordinary maintenance or
repair of any exterior architectural feature in or on the Historic Property that does not involve a
change in design, material, or external appearance thereof. Nor does this Agreement prevent the
construction, reconstruction, alteration, restoration, demolition, or removal of any such external
architectural feature when the Community Development Director determines that such action is
required for the public safety due to an unsafe or dangerous condition which cannot be rectified
through the use of the California State Historic Building Code and when such architectural feature
can be replaced according to the standards described in subsection (a), above.
(c) The California State Historic Building Code ("SHBC") provides alternative building
regulations for the rehabilitation, preservation, restoration, or relocation of structures designated as
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Page 3 of 12
Historic Properties. The SHBC shall be used in the City’s building permit procedure for the Historic
Property, except as otherwise provided in this agreement or the SHBC. Nothing in this Agreement
shall be deemed to prevent any fire, building, health, or safety official from enforcing laws,
ordinances, rules, regulations, and standards to protect the health, safety, welfare, and property of the
Owner or occupants of the Historic Property or the public.
(d) Owner shall maintain the Historic Property in a manner that does not block the view of
the Historic Property from sites accessible to the public with any new structure, fence, shrubbery, or
other landscaping.
(4) Provision of Information.
(a) Within thirty days of any request, Owner shall furnish City with any and all information
requested by City relevant to this contract to determine compliance with the terms and provisions of
this Agreement.
(b) Owner shall keep and preserve, for at least ten years beyond the term of this Agreement,
all records as may be necessary to determine the eligibility of the property involved, and Owner’s
compliance with the terms and provisions of this Agreement. These records shall include, but not be
limited to photographs, blueprints, permits, historical and/or architectural review approvals. In the
event the Historic Property is sold, the Owner of the property at the time of sale shall transfer all
such records to the new Owner of the Historic Property.
(c) Owner shall submit annually to the Community Development Director a report which
shall specify all work completed during the preceding twelve months to comply with the
requirements of this Agreement and report on such other items as may be specified by the
Community Development Director.
(d) Owner shall allow for periodic examinations, by prior appointment, of the interior and
exterior of the Historic Property by representatives of the County Assessor, State Department of
Parks and Recreation, State Board of Equalization, (collectively the “Interested Agencies”) and/or
the City. The Community Development Director shall determine when periodic examinations by the
City may be necessary to determine the eligibility of the property involved, and to determine
Owner’s compliance with the terms and provisions of this Agreement; these examinations shall take
place not less than once every five years. Examinations by representatives of the Interested
Agencies shall be made as deemed necessary by those agencies.
(5) Cancellation.
(a) CITY, following a duly noticed public hearing as set forth in California Government
Code Section 50285, may cancel this Agreement if it determines one or more of the following:
(i) Owner has breached any of the terms or conditions of this Agreement;
(ii) Owner has allowed the Historic Property to deteriorate to the point that it no
longer meets the standards of the Applicable Rules or no longer qualifies as a City of
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Page 4 of 12
Saratoga historic landmark;
(iii) Owner has allowed the property to deteriorate to the point that it no longer
meets standards as provided for in Chapter 16 of the Saratoga City Code including, but are
not limited to, the Uniform Housing Code, the Uniform Fire Code, and the Uniform Code for
the Abatement of Dangerous Buildings;
(iv) Owner has not complied with other local, state, or federal laws and regulations.
(b) In the event of cancellation, OWNER shall be subject to payment of those cancellation
fees set forth in California Government Code Sections 50280, et seq.
(6) No Waiver of Breach. No waiver by City of any breach under this Agreement shall be
deemed to be a waiver of any other subsequent breach. City does not waive any claim of breach by
Owner if City does not enforce or cancel this Agreement. All other remedies at law or in equity
which are not otherwise provided for under the terms of this Agreement or in the City's laws and
regulations are available to the City.
(7) Enforcement. In lieu of and/or in addition to any provisions to cancel the Agreement,
City may specifically enforce, or enjoin the breach of the terms of this Agreement. In the event of a
default by Owner City shall give written notice of the violation to Owner by registered or certified
mail addressed to the address provided for notice in this Agreement. The violation shall be corrected
to the reasonable satisfaction of City within thirty days of the date the notice is mailed. Where the
violation cannot reasonably be cured within sixty days, actions to cure the violation shall be
commenced within sixty days and pursued diligently to completion within a reasonable period of
time to be determined by the City. If the violation is not timely cured then the City may, without
further notice, declare a default and bring any action necessary to specifically enforce the obligations
of Owner under this Agreement, apply to any state or federal court for injunctive relief or apply for
such other relief as may be appropriate. The City’s right to enforce this Agreement shall in no way
limit or restrict its rights or legal remedies arising under other provisions of local, state, or federal
law, including the historic preservation regulations under the City’s municipal code.
(8) Binding Effect of Agreement.
(a) Owner hereby voluntarily subjects the Historic Property to the covenants, reservations,
and restrictions as set forth in this Agreement. The Parties hereby declare their specific intent and
agreement that all of the agreements, rights, covenants, reservations, and restrictions contained in
this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs,
successors, legal representatives, assigns and all persons acquiring any part or portion of the Historic
Property, whether by operation of law or in any manner pursuant to this Agreement. Each and every
contract, deed, or other instrument hereinafter executed, covering, encumbering, or conveying the
Historic Property, or any portion thereof, shall conclusively be held to have been executed,
delivered, and accepted subject to the covenants, reservations, and restrictions expressed in this
Agreement, regardless of whether such covenants, reservations, and restrictions are set forth in such
contract, deed, or other instrument. Prior to sale of the Historic Property, Owner shall give notice to
the City.
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Page 5 of 12
(b) City and Owner hereby declare their understanding and intent that the burden of the
covenants, reservations, and restrictions set forth herein touch and concern the land in that Owner
has a legal interest in the Historic Property and this Agreement relates to and affects the use of the
Historic Property.
(c) City and Owner hereby further declare their understanding and intent that the benefit of
such covenants, reservations, and restrictions touch and concern the land by enhancing and
maintaining the historic characteristics and significance of the Historic Property for the benefit,
which includes, but is not limited to the benefit to the public street named in the recitals to this
Agreement, City, residents of City and of the State of California, and Owner.
(9) Notice.
(a) Any notice required to be given by the terms of this Agreement shall be provided at the
address of the respective parties as specified below or at any other address as may be later specified
by the parties hereto.
CITY: City of Saratoga
Attn: City Clerk
13777 Fruitvale Avenue
Saratoga, CA 95070
OWNER:
(10) No Partnership or Joint Enterprise Created. None of the terms, provisions, or
conditions of this Agreement shall be deemed to create a partnership between the parties hereto and
any of their heirs, successors, or assigns; nor shall such terms, provisions, or conditions cause them
to be considered joint ventures or members of any joint enterprise.
(11) Hold Harmless and Indemnification. Owner agrees to protect, defend, hold harmless
and indemnify City, its City Council, commissions, officers, agents, and employees from and against
any claim, injury, liability, loss, cost, and/or expense or damage, however same may be caused,
including all costs and reasonable attorney's fees in providing a defense to any claim arising there
from for which Owner shall become legally liable arising from Owner’s acts, errors, or omissions
with respect to or in any way connected with the prosecution of the work performed by Owner
pursuant to this Agreement. This hold harmless provision applies to all damages and claims for
damages suffered, or alleged to have been suffered, by reason of the conduct referenced in this
Agreement regardless of whether City prepared, supplied, or approved any plans, specifications,
other documents, or any proposed conduct relating to the Historic Property.
(12) Attorneys' Fees. In the event legal proceedings are brought by any Party or Parties to
enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein,
or to determine the rights and duties of any Party hereunder, each party in the proceedings shall pay
its own attorney's fees.
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(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 after entering into this Agreement and shall provide the City with a copy of such notice at
the time it is filed.
(14) Fees. The Community Development Director may assess, and Owner shall pay such
Mills Act Historic Property Contract fees for the administration of this Agreement as may be
authorized from time to time by the City Council.
(15) Severability. If any section, sentence, clause, or phrase of this Agreement is, for any
reason, held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, or
by subsequent preemptive legislation, such decision shall not affect the validity and enforceability of
the remaining provisions, or portions of this Agreement, and shall not be affected thereby. City and
Owner hereby declare that each would have approved and accepted this Agreement, and each
section, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.
(16) Integrated Agreement - Totality of Agreement. This Agreement embodies the
agreement between City and Owner and its terms and conditions. No other understanding,
agreements, or conversations, or otherwise, with any officer, agent, or employee of City prior to
execution of this Agreement shall affect or modify any of the terms or obligations contained in any
documents comprising this Agreement. Any such verbal agreement shall be considered as unofficial
information and in no way binding upon City. All Exhibits to this Agreement are hereby
incorporated and made a part of this Agreement.
(17) Captions. The captions of the various sections, paragraphs and subparagraphs are for
convenience only and shall not be considered or referred to in resolving questions of interpretation.
(18) Governing Statutes and Law. This Agreement shall be governed and construed in
accordance with the statutes and laws of the State of California.
(19) Amendments. This Agreement may be amended, in whole or in part, only by a written
recorded instrument executed by the parties hereto.
IN WITNESS WHEREOF, CITY and OWNER have executed this Agreement on the day
and year first written above.
CITY OF SARATOGA, CALIFORNIA, a California municipal corporation
____________________________
JAMES LINDSAY
CITY MANAGER
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Page 7 of 12
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: _____________________________
Name:
Title: Property Owner
Local Address:
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:
89
APN:
Property commonly known as:
90
Exhibit B
RESOLUTION NO.
APPROVING MILLS ACT CONTRACT
[Begins on following page.]
91
Exhibit C
BASELINE CONDITIONS
1. NAME OF HISTORIC LANDMARK:
2. ADDRESS:
3. ASSESSOR’S PARCEL NUMBER:
COMPLETE LEGAL DESCRIPTION:
The land referred to herein below is situated in the City of Saratoga, County of Santa Clara, State
of California and is described as follows:
APN:
Property commonly known as:
4. RANGE OF ADDRESSES:
5. PRESENT OWNERS:
6. OWNERSHIP:
7. PRESENT AND ORIGINAL USE:
8. ARCHITECTURAL STYLE:
9. PRESENT PHYSICAL DESCRIPTION:
10. CONSTRUCTION DATE:
11. ARCHITECT, DESIGNER, OR ENGINEER:
12. CONTRACTOR/BUILDER:
13. PHOTOGRAPHS:
14. CONDITION: Excellent with its age. Estimated maintenance and preservation costs are
$XXX over the course of ten years.
15. ALTERATIONS:
92
16. THREATS TO THE SITE:
17. STATEMENT OF SIGNIFICANCE:
18. SOURCES:
19. PREPARER: City of Saratoga, 13777 Fruitvale Avenue, Saratoga, CA 95070
93
Exhibit D
RESTORATION PLAN
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Saratoga City Council Minutes ~ May 3, 2023 ~ Page 1 of 8
MINUTES
WEDNESDAY, MAY 3, 2023
SARATOGA CITY COUNCIL REGULAR MEETING
At 5:00 p.m., the City Council held a Study Session in the Linda Callon Conference Room to
review the requirements of the Housing Accountability Act in comparison to the City’s Single
Family Design Review Process in preparation for the Joint Session with the Planning Commission.
Mayor Fitzsimmons invited public comment.
The following individuals spoke: Paul Germeraad, Bill Dalton
At 6:11 p.m., the City Council held a Joint Session with the Planning Commission in the Linda
Callon Conference Room to discuss the Commission’s priorities and FY 2023/24 work plan.
Mayor Fitzsimmons invited public comment.
No one requested to speak.
WALIA/ZHAO MOVED TO APPROVE ITEMS 1-4 OF THE PLANNNG
COMMISSION’S WORK PLAN, APPROVE THE TRAINING BUDGET REQUEST,
ADD MEETING PROTOCOL TRAINING FOR THE COMMISSION, ADD
COMMISSION STUDY SESSIONS REGARDING THE DESIGN REVIEW
HANDBOOK, AND MOVE WORK PLAN ITEM 6 TO A PLACEHOLDER ITEM TO
ADDRESS IF TIME PERMITS. MOTION PASSED BY THE FOLLOWING VOTE:
AYES: AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS. NOES: NONE. ABSTAIN:
NONE. RECUSED: NONE. ABSENT: NONE.
Mayor Fitzsimmons called the Regular Session to order at 7:10 p.m.
ROLL CALL
PRESENT: Mayor Kookie Fitzsimmons, Vice Mayor Yan Zhao, Council Members
Belal Aftab, Chuck Page, Tina Walia
ABSENT: None
ALSO PRESENT: James Lindsay, City Manager
Richard Taylor, City Attorney
Britt Avrit, City Clerk
Nick Pegueros, Administrative Services Director
Debbie Pedro, Community Development Director
Nicole Johnson, Senior Planner
Lauren Blom, Public Information Officer
REPORT ON POSTING OF THE AGENDA
The City Clerk reported the agenda for this meeting was properly posted on April 27, 2023.
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Saratoga City Council Minutes ~ May 3, 2023 ~ Page 2 of 8
REPORT FROM STUDY SESSION AND JOINT SESSION
Mayor Fitzsimmons stated the City Council held a Study Session at 5:00p.m. to discuss the Single
Family Design Review Process and the Housing Accountability Act followed by a Joint Session
with the Planning Commission at 6:00 p.m. to discuss the Commission’s priorities and FY 2023/24
work plan.
Chair Brownley, Chair of the Planning Commission provided a report of the Joint Session with the
City Council.
ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS
Mayor Fitzsimmons invited public comment.
The following individuals spoke at this time:
Barbara Heninger discussed upcoming South Bay Musical Theatre productions.
Bill Dalton discussed “Our Neighborhood Voices” Initiative.
ANNOUNCEMENTS
Mayor Fitzsimmons shared information about Blue Gum Eucalyptus Tree Removal Permits, City
Council Joint Session with Neighborhood Watch, Paint the City Voting and Building Safety
Month.
Council Member Page shared information about the Chamber of Commerce Spring Wine
Experience and Saratoga High School Performing Arts’ Mama Mia production.
Council Member Walia shared information about Redwood Middle School’s upcoming Festival
of Colors event ‘HOLI.’
Vice Mayor Zhao shared information about the Saratoga Rotary Fine Art Show at West Valley
College.
CEREMONIAL ITEMS
Proclamation Declaring May 2023 as National Preservation Month
Recommended Action:
Proclaim May 2023 as National Preservation Month in the City of Saratoga.
The City Council proclaimed May 2023 as National Preservation Month in the City of
Saratoga.
Proclamation Honoring the 20th Anniversary of the Assistance League of Los Gatos-
Saratoga
Recommended Action:
Present a proclamation recognizing the 20th anniversary of Assistance League of Los
Gatos-Saratoga
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The City Council recognized the 20th anniversary of the Assistance League of Los Gatos-
Saratoga.
SPECIAL PRESENTATIONS
College of Adaptive Arts Special Presentation
Recommended Action:
Receive presentation from the College of Adaptive Arts.
DeAnna Pursai, Executive Director and AJ Vanderpan, Student, from the College of Adaptive
Arts provided a presentation on the College of Adaptive Arts.
Catholic Charities of Santa Clara County Long-Term Care Ombudsman Program Special
Presentation
Recommended Action:
Receive presentation from Catholic Charities of Santa Clara County Long-Term Care
Ombudsman Program.
Linda Dominguez, Program Manager, Long Term Care Ombudsman Program from Catholic
Charities of Santa Clara County provided a presentation on the Santa Clara County Long
Term Ombudsman Program.
1. CONSENT CALENDAR
Mayor Fitzsimmons invited public comment.
No one requested to speak.
1.1. City Council Meeting Minutes
Recommended Action:
Approve the Minutes for the April 19, 2023 City Council Regular Meeting.
ZHAO/PAGE MOVED TO APPROVE THE MINUTES FOR THE APRIL 19, 2023
CITY COUNCIL REGULAR MEETING. MOTION PASSED BY THE FOLLOWING
VOTE: AYES: AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS. NOES: NONE.
ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE.
1.2. Review and Accept Accounts Payable Check Registers
Recommended Action:
Review and accept the 04/13/2023 and 04/20/2023 accounts payable vendor payment check
registers.
ZHAO/PAGE MOVED TO REVIEW AND ACCEPT THE 04/13/2023 AND 04/20/2023
ACCOUNTS PAYABLE VENDOR PAYMENT CHECK REGISTERS. MOTION
PASSED BY THE FOLLOWING VOTE: AYES: AFTAB, PAGE, WALIA, ZHAO,
FITZSIMMONS. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT:
NONE.
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1.3. Treasurer’s Report for the Month Ended March 31, 2023
Recommended Action:
Review and accept the Treasurer’s Report for the month ended March 31, 2023.
ZHAO/PAGE MOVED TO REVIEW AND ACCEPT THE TREASURER’S REPORT
FOR THE MONTH ENDED MARCH 31, 2023. MOTION PASSED BY THE
FOLLOWING VOTE: AYES: AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS. NOES:
NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE.
1.4. Authorization to Write Off Bad Debt
Recommended Action:
Authorize write off bad debt totaling $1,449 as of March 31, 2023.
ZHAO/PAGE MOVED TO AUTHORIZE THE WRITE OFF OF BAD DEBT
TOTALING $1,449 AS OF MARCH 31, 2023. MOTION PASSED BY THE
FOLLOWING VOTE: AYES: AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS. NOES:
NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE.
2. GENERAL BUSINESS
2.1. Renaming of Friendship Hall at Saratoga Prospect Center the Jack Mallory Friendship
Hall
Recommended Action:
Adopt the resolution renaming Friendship Hall at Saratoga Prospect Center to the Jack
Mallory Friendship Hall and allocating $2,500 from the City Council Discretionary Fund for
updated signage or $3,350 from the City Council Discretionary Fund for both updated
signage and commemorative plaque.
Crystal Bothelio, Consultant, presented the staff report.
Mayor Fitzsimmons invited public comment.
The following individual spoke at this time: Dave House
PAGE/ZHAO MOVED TO PLACE A PLAQUE IN HONOR OF JACK MALLORY IN
FRIENDSHIP HALL SPECIFICALLY INCLUDING HIS EFFORTS TO KEEP THE
BUILDING FOR CITY PURPOSES. MOTION PASSED BY THE FOLLOWING VOTE:
AYES: AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS. NOES: NONE. ABSTAIN:
NONE. RECUSED: NONE. ABSENT: NONE.
2.2. Fiscal Year 2023/24 Community Event Grant Program Competitive Allocations
Recommended Action:
Consider the following Library and Community Engagement Commission recommendation
for Fiscal Year 2023/24 Community Event Grant Program competitive allocations:
• Blossom Festival Table: $500
• Mural, Mural, on the Wall: $1,700 (if final artwork follows art approval process
described in City of Saratoga Public Art Policy regardless of final mural location)
• Dragon Boat Festival: $2,000
• 'Saratoga, My Home' Public Art Contest: $1,200
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Crystal Bothelio, Consultant, presented the staff report.
Mayor Fitzsimmons invited public comment.
No one requested to speak.
ZHAO/WALIA MOVED TO APPROVE THE LIBRARY AND COMMUNITY
ENGAGEMENT COMMISSION RECOMMENDATIONS FOR FISCAL YEAR
2023/24 COMMUNITY EVENT GRANT PROGRAM COMPETITIVE
ALLOCATIONS: BLOSSOM FESTIVAL TABLE: $500; MURAL, MURAL, ON THE
WALL: $1,700 (IF FINAL ARTWORK FOLLOWS ART APPROVAL PROCESS
DESCRIBED IN CITY OF SARATOGA PUBLIC ART POLICY REGARDLESS OF
FINAL MURAL LOCATION); DRAGON BOAT FESTIVAL: $2,000; 'SARATOGA,
MY HOME' PUBLIC ART CONTEST: $1,200.
Additional discussion took place.
PAGE MOVED TO APPROVE THE LIBRARY AND COMMUNITY ENGAGEMENT
COMMISSION RECOMMENDATIONS FOR FISCAL YEAR 2023/24
COMMUNITY EVENT GRANT PROGRAM COMPETITIVE ALLOCATIONS
REMOVING ALLOCATION FOR THE BLOSSOM FESTIVAL TABLE.
Motion failed for lack of a second.
Additional discussion took place.
ZHAO/WALIA MOVED TO APPROVE THE LIBRARY AND COMMUNITY
ENGAGEMENT COMMISSION RECOMMENDATIONS FOR FISCAL YEAR
2023/24 COMMUNITY EVENT GRANT PROGRAM COMPETITIVE
ALLOCATIONS: BLOSSOM FESTIVAL TABLE: $500; MURAL, MURAL, ON THE
WALL: $1,700 (IF FINAL ARTWORK FOLLOWS ART APPROVAL PROCESS
DESCRIBED IN CITY OF SARATOGA PUBLIC ART POLICY REGARDLESS OF
FINAL MURAL LOCATION); DRAGON BOAT FESTIVAL: $2,000; 'SARATOGA,
MY HOME' PUBLIC ART CONTEST: $1,200. MOTION PASSED BY THE
FOLLOWING VOTE: AYES: AFTAB, WALIA, ZHAO, FITZSIMMONS. NOES: PAGE.
ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE.
2.3. Los Gatos-Saratoga Community Education and Recreation Amended Lease and Park
Reservation Management Service Agreement
Recommended Action:
Authorize the City Manager to execute the amended lease agreement with Los Gatos-
Saratoga Community Education and Recreation as well as a new service agreement for
parks reservation management.
Crystal Bothelio, Consultant, presented the staff report.
Mayor Fitzsimmons invited public comment.
The following individual spoke at this time: Nancy Rollett
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AFTAB/ZHAO MOVED TO AUTHORIZE THE CITY MANAGER TO EXECUTE
THE AMENDED LEASE AGREEMENT WITH LOS GATOS-SARATOGA
COMMUNITY EDUCATION AND RECREATION AS WELL AS A NEW SERVICE
AGREEMENT FOR PARKS RESERVATION MANAGEMENT, ADDING A CHECK
IN WITH THE CITY COUNCIL ONE YEAR AFTER COMMENCEMENT OF THE
AGREEMENT. MOTION PASSED BY THE FOLLOWING VOTE: AYES: AFTAB,
PAGE, WALIA, ZHAO, FITZSIMMONS. NOES: NONE. ABSTAIN: NONE. RECUSED:
NONE. ABSENT: NONE.
2.4. Group Use Permit Implementation Policy Amendment
Recommended Action:
Adopt the resolution amending the City of Saratoga Group Use Implementation Policy and
direct staff to include updates in the next Annual Code Update to reflect the changing park
reservation service model and otherwise update the Code regarding park permits.
Crystal Bothelio, Consultant, presented the staff report.
Mayor Fitzsimmons invited public comment.
No one requested to speak.
RESOLUTION 23-037
WALIA/PAGE MOVED TO ADOPT THE RESOLUTION AMENDING THE CITY OF
SARATOGA GROUP USE IMPLEMENTATION POLICY AND DIRECT STAFF TO
INCLUDE UPDATES IN THE NEXT ANNUAL CODE UPDATE TO REFLECT THE
CHANGING PARK RESERVATION SERVICE MODEL AND OTHERWISE
UPDATE THE CODE REGARDING PARK PERMITS. MOTION PASSED BY THE
FOLLOWING VOTE: AYES: AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS. NOES:
NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE.
2.5. Consider Owner Occupancy Requirement for Mills Act Agreements
Recommended Action:
Provide direction to staff regarding whether the City should require that residential
buildings subject to a Mills Act agreement be owner occupied.
Nicole Johnson, Senior Planner, presented the staff report.
Mayor Fitzsimmons invited public comment.
The following individuals spoke at this time: Margarete Minar, Bill Dalton, Julie Griffith
WALIA/PAGE MOVED TO DIRECT STAFF TO BRING THE LANDMARK
DESIGNATION & MILLS ACT AGREEMENT FOR 14275 SARATOGA BACK TO
THE CITY COUNCIL FOR CONSIDERATION UNDER THE CURRENT POLICY
AT THE NEXT MEETING POSSIBLE. MOTION PASSED BY THE FOLLOWING
VOTE: AYES: AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS. NOES: NONE.
ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE.
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PAGE/ZHAO MOVED TO DIRECT STAFF TO BRING FORWARD A MILLS ACT
POLICY DISCUSSION TO CONSIDER PLACING A HOLD ON THE REVIEW OF
MILLS ACT APPLICATIONS AND DETERMINE IF THE CITY WILL PROCEED
WITH FUTURE MILLS ACT AGREEMENTS. MOTION PASSED BY THE
FOLLOWING VOTE: AYES: AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS. NOES:
NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE.
2.6. Emergency Communications
Recommended Action:
Receive report and provide direction on communications practices.
Lauren Blom, Public Information Officer, presented the staff report.
Mayor Fitzsimmons invited public comment.
No one requested to speak.
AFTAB/PAGE MOVED TO DIRECT STAFF TO LOOK INTO MAXIMIZING THE
DISTRIBUTION LIST FOR THE SARATOGA SOURCE AND EMERGENCY
SITUATIONS, REVISIT THE CRISIS COMMUNICATIONS PLAN, AND LOOK
INTO SENDING AN EMERGENCY CARD TO ALL HOMES IN SARATOGA.
MOTION PASSED BY THE FOLLOWING VOTE: AYES: AFTAB, PAGE, WALIA,
ZHAO, FITZSIMMONS. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE.
ABSENT: NONE.
COUNCIL ASSIGNMENTS
Council Member Tina Walia
Saratoga Sister City Committee Liaison - stated the Committee changed the meeting time and it
conflicts with the May 3, 2023 City Council meeting.
Silicon Valley Clean Energy Authority Board of Directors - stated the Board met with nothing to
report.
Santa Clara County Library District Board of Directors - stated the new Chair is Susan Landry,
Vice Mayor of Campbell; Vice Chair is Mark Turner, Mayor of Morgan Hill; the Board discussed
the Semi-Annual Gift Report and received the preliminary budget report; the Finance Committee
was confirmed – Chair: Susan Landry, Vice Chair: Mark Turner, Past Chair: Dion Bracco, Liang
Chao, Cupertino, Carmen Montano, Milpitas and Saratoga City Manager James Lindsay.
KSAR Community Access TV Board – Council Member Walia discussed the passing of Station
Manager Jon Wenger.
Council Member Chuck Page
Nothing to Report
Council Member Belal Aftab
Hakone Foundation Board of Trustees – stated the Board approved moving funds from First
Republic Bank, the Board reviewed the financials and the budget, took nominations for the next
Chair of the Board, continues to review attendance at Hakone, and approved the pathways project.
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Vice Mayor Yan Zhao
Saratoga Ministerial Association – stated the Association discussed the upcoming Memorial Day
Celebration.
Mayor Kookie Fitzsimmons
Nothing to report
CITY COUNCIL ITEMS
None
COUNCIL COMMUNICATIONS
None
CITY MANAGER'S REPORT
None
CITY ATTORNEY'S REPORT
None
ADJOURNMENT
WALIA/FITZSIMMONS MOVED TO ADJOURN THE MEETING AT 9:49 P.M. IN
MEMORY OF JON WENGER. MOTION PASSED BY THE FOLLOWING VOTE: AYES:
AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS. NOES: NONE. ABSTAIN: NONE.
RECUSED: NONE. ABSENT: NONE.
Minutes respectfully submitted:
Britt Avrit, City Clerk
City of Saratoga
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MINUTES
WEDNESDAY, NOVEMBER 15, 2023
SARATOGA CITY COUNCIL REGULAR MEETING
At 6:00 p.m., the City Council held a Joint Session with the Leadership Team from West Valley
College in the Linda Callon Conference Room.
Mayor Fitzsimmons invited public comment.
No one requested to speak.
Mayor Fitzsimmons called the Regular Session to order at 7:00 p.m.
ROLL CALL
PRESENT: Mayor Kookie Fitzsimmons, Vice Mayor Yan Zhao, Council Members
Belal Aftab, Chuck Page, Tina Walia
ABSENT: None
ALSO PRESENT: James Lindsay, City Manager
Richard Taylor, City Attorney
Leslie Arroyo, Assistant City Manager
Bryan Swanson, Community Development Director
John Cherbone, Public Works Director
Ryan Hinchman, Administrative Services Director
Britt Avrit, City Clerk
Macedonio Nunez, City Engineer
Mainini Cabute, Environmental Programs Manager
REPORT ON POSTING OF THE AGENDA
The City Clerk reported the agenda for this meeting was properly posted on November 8, 2023.
REPORT FROM JOINT SESSION
Mayor Fitzsimmons stated the City Council held a Joint Session with West Valley College
Leadership and provided a report of the City Council Joint Session.
ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS; IN-PERSON
ATTENDEES
Mayor Fitzsimmons invited public comment.
The following individuals spoke:
John Henley discussed the Saratoga Retirement Community expansion.
Tyler Hawes discussed Civic Bell.
Shawna Ballard, Marshall Zerbo, and Jody Tatro discussed the Housing Element.
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ANNOUNCEMENTS
Mayor Fitzsimmons shared information about the All-Faith Community Thanksgiving Service, the
Annual Tree Lighting Ceremony, the City Council Reorganization, Let’s Work Saratoga Volunteer
Day, and the Celebration of Light event.
Vice Mayor Zhao shared information about the South Bay Military Veterans Chorus fundraiser.
Council Member Aftab shared information about the Saratoga History Museum event taking place
on the day of the Tree Lighting Ceremony.
Council Member Page shared information about the Candy Cane Village and Wine Stroll events.
SPECIAL PRESENTATION
New Taipei City, Friendship City Presentation
The City Council received a presentation from Katherine Tseng on New Taipei City.
Mayor Fitzsimmons invited public comment.
No one requested to speak.
1. CONSENT CALENDAR
Mayor Fitzsimmons invited public comment.
The following individual spoke: Marshall Zerbo.
Council Member Walia requested Item 1.8 be removed for separate discussion.
1.1. City Council Meeting Minutes
Recommended Action:
Approve the Minutes for the November 1, 2023, City Council Regular Meeting.
PAGE/ZHAO MOVED TO APPROVE THE MINUTES FOR THE NOVEMBER 1,
2023, CITY COUNCIL REGULAR MEETING. MOTION PASSED BY THE
FOLLOWING VOTE: AYES: AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS. NOES:
NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE
1.2. Review and Accept Accounts Payable Check Registers
Recommended Action:
Review and accept the 10/26/2023 and 11/02/2023 accounts payable vendor payment check
registers.
PAGE/ZHAO MOVED TO REVIEW AND ACCEPT THE 10/26/2023 AND 11/02/2023
ACCOUNTS PAYABLE VENDOR PAYMENT CHECK REGISTERS. MOTION
PASSED BY THE FOLLOWING VOTE: AYES: AFTAB, PAGE, WALIA, ZHAO,
FITZSIMMONS. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE
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1.3. Treasurer’s Report for the Month Ended September 30, 2023
Recommended Action:
Review and accept the Treasurer’s Report for the month ended September 30, 2023.
PAGE/ZHAO MOVED TO REVIEW AND ACCEPT THE TREASURER’S REPORT
FOR THE MONTH ENDED SEPTEMBER 30, 2023. MOTION PASSED BY THE
FOLLOWING VOTE: AYES: AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS. NOES:
NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE
1.4. Final Map Approval for Two Lots Located at 14564 Chester Ave.
Recommended Action:
Adopt the Resolution granting final map approval of parcel map application No. ULS22-
0005 for two lots located at 14564 Chester Avenue (APN: 397 04 104).
RESOLUTION 23-086
PAGE/ZHAO MOVED TO ADOPT THE RESOLUTION GRANTING FINAL MAP
APPROVAL OF PARCEL MAP APPLICATION NO. ULS22-0005 FOR TWO LOTS
LOCATED AT 14564 CHESTER AVENUE (APN: 397 04 104). MOTION PASSED BY
THE FOLLOWING VOTE: AYES: AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS.
NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE
1.5. Youth Commission Fundraising Plan 2023/24
Recommended Action:
Approve the 2023/24 Youth Commission Fundraising Plan to collect donations and seek
sponsorships of various Youth Commission initiatives, activities, and events.
PAGE/ZHAO MOVED TO APPROVE THE 2023/24 YOUTH COMMISSION
FUNDRAISING PLAN TO COLLECT DONATIONS AND SEEK SPONSORSHIPS
OF VARIOUS YOUTH COMMISSION INITIATIVES, ACTIVITIES, AND EVENTS.
MOTION PASSED BY THE FOLLOWING VOTE: AYES: AFTAB, PAGE, WALIA,
ZHAO, FITZSIMMONS. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE.
ABSENT: NONE
1.6. Landscaping & Lighting Assessment District LLA-1; Resolutions initiating renewal of
the District for FY 24-25.
Recommended Actions:
1. Adopt the Resolution describing improvements and directing preparation of the
Engineer’s Report.
2. Adopt the Resolution appointing the Attorneys for the District.
RESOLUTION 23-084
RESOLUTION 23-085
PAGE/ZHAO MOVED TO ADOPT THE RESOLUTION DESCRIBING
IMPROVEMENTS AND DIRECTING PREPARATION OF THE ENGINEER’S
REPORT AND ADOPT THE RESOLUTION APPOINTING THE ATTORNEYS FOR
THE DISTRICT. MOTION PASSED BY THE FOLLOWING VOTE: AYES: AFTAB,
PAGE, WALIA, ZHAO, FITZSIMMONS. NOES: NONE. ABSTAIN: NONE. RECUSED:
NONE. ABSENT: NONE
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1.7. Landscaping and Lighting Assessment District LLA-1; Preliminary Approval of
Engineer's Report and Adoption of Resolution of Intention for FY 24-25 for Annexation of
New Zone, Quito Oaks - Zone 40, to the City of Saratoga Landscaping and Lighting
Assessment District, LLA-1.
Recommended Actions:
1. Adopt the Resolution granting preliminary approval of the Engineer's Report for FY 24-
25 for the annexation of New Zone (Quito Oaks – Zone 40) into the Landscaping and
Lighting Assessment District LLA-1.
2. Adopt the Resolution of Intention.
RESOLUTION 23-087
RESOLUTION 23-088
PAGE/ZHAO MOVED TO ADOPT THE RESOLUTION GRANTING PRELIMINARY
APPROVAL OF THE ENGINEER'S REPORT FOR FY 24-25 FOR THE
ANNEXATION OF NEW ZONE (QUITO OAKS – ZONE 40) INTO THE
LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT LLA-1 AND ADOPT
THE RESOLUTION OF INTENTION. MOTION PASSED BY THE FOLLOWING
VOTE: AYES: AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS. NOES: NONE.
ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE
1.8. Budget Adjustment and Contract Amendments for Housing Element Contracts with
Urban Planning Partners and Lisa Wise Consulting, Inc.
Recommended Actions:
1. Adopt budget adjustment resolution for FY 2023/24 in the amount of $218,794 for work
on Saratoga’s 2023-2031 Housing Element Update.
2. Authorize the City Manager to execute a contract amendment with Urban Planning
Partners (UPP) for continued work on the Housing Element Update and General Plan
Amendment Environmental Impact Report (EIR) in the amount of $113,0000 for FY
2023/24.
3. Authorize the City Manager to execute a contract amendment with Lisa Wise Consulting,
Inc. (LWC) for continued work on the Mixed-Use/Multi-Family Design Standards in the
amount of $29,876 for FY 2023/24.
RESOLUTION 23-089
PAGE/WALIA MOVED TO ADOPT THE BUDGET ADJUSTMENT RESOLUTION
FOR FY 2023/24 IN THE AMOUNT OF $218,794 FOR WORK ON SARATOGA’S
2023-2031 HOUSING ELEMENT UPDATE, AUTHORIZE THE CITY MANAGER
TO EXECUTE A CONTRACT AMENDMENT WITH URBAN PLANNING
PARTNERS (UPP) FOR CONTINUED WORK ON THE HOUSING ELEMENT
UPDATE AND GENERAL PLAN AMENDMENT ENVIRONMENTAL IMPACT
REPORT (EIR) IN THE AMOUNT OF $113,0000 FOR FY 2023/24, AND
AUTHORIZE THE CITY MANAGER TO EXECUTE A CONTRACT AMENDMENT
WITH LISA WISE CONSULTING, INC. (LWC) FOR CONTINUED WORK ON THE
MIXED-USE/MULTI-FAMILY DESIGN STANDARDS IN THE AMOUNT OF
$29,876 FOR FY 2023/24. MOTION PASSED BY THE FOLLOWING VOTE: AYES:
AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS. NOES: NONE. ABSTAIN: NONE.
RECUSED: NONE. ABSENT: NONE
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2. GENERAL BUSINESS
2.1. 2023 Community Assessment Survey for Older Adults (CASOA) Report
Recommended Action:
Receive 2023 Community Assessment Survey for Older Adults (CASOA) report from
Senior Coordinating Council (SASCC) Executive Director Tylor Taylor.
Leslie Arroyo, Assistant City Manager, and Tylor Taylor, Senior Coordinating Council
Executive Director presented the staff report and results from the Community Assessment
Survey.
Mayor Fitzsimmons invited public comment.
No one requested to speak.
No action needed, receive and file.
2.2. Santa Clara County Law Enforcement Contract Extension
Recommended Action:
Authorize the City Manager to provide written notice of renewal by City and Santa Clara
County for Law Enforcement Services from July 1, 2024, through July 1, 2029.
Leslie Arroyo, Assistant City Manager, presented the staff report.
Mayor Fitzsimmons invited public comment.
The following individuals spoke: Jody Tatro, Marshall Zerbo
WALIA/PAGE MOVED TO AUTHORIZE THE CITY MANAGER TO PROVIDE
WRITTEN NOTICE OF RENEWAL BY CITY AND SANTA CLARA COUNTY FOR
LAW ENFORCEMENT SERVICES FROM JULY 1, 2024, THROUGH JULY 1, 2029.
MOTION PASSED BY THE FOLLOWING VOTE: AYES: AFTAB, PAGE, WALIA,
ZHAO, FITZSIMMONS. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE.
ABSENT: NONE
2.3. Mills Act Program Policy Review
Recommended Action:
Review the City’s existing Mills Act Program and provide direction to staff regarding
possible changes.
Bryan Swanson, Community Development Director, presented the staff report.
Mayor Fitzsimmons invited public comment.
The following individuals spoke: Marilyn Marchetti, Priya Shastri, Bill Dalton
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PAGE/WALIA MOVED TO DIRECT STAFF TO AMEND THE MILLS ACT
PROGRAM AS FOLLOWS: ISSUE A NOTICE OF NON-RENEWAL FOR ALL
CURRENT MILLS ACT AGREEMENTS AND IMMEDIATELY UPON ENTERING
A NEW MILLS ACT AGREEMENT SO THAT THE NEW AGREEMENTS REMAIN
IN PLACE FOR ONLY TEN YEARS, CHANGE THE REQUIREMENTS OF THE
PROGRAM TO REQUIRE SATISFACTION OF FOUR OF THE SEVEN CRITERIA
LISTED IN THE MUNICIPAL CODE, AND INCLUDE STRINGENT
REQUIREMENTS IN MAINTENANCE PLANS FOR MILLS ACT PROPERTIES.
MOTION PASSED BY THE FOLLOWING VOTE: AYES: AFTAB, PAGE, WALIA,
ZHAO, FITZSIMMONS. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE.
ABSENT: NONE
Mayor Fitzsimmons requested a recess at this time.
Mayor Fitzsimmons reconvened the meeting at 9:15 p.m.
2.4. Discussion of Public Art Commission
Recommended Action:
Provide direction to staff.
Leslie Arroyo, Assistant City Manager, presented the staff report.
Mayor Fitzsimmons invited public comment.
No one requested to speak.
ZHAO/WALIA MOVED TO AMEND MUNICIPAL CODE SECTION 2-12.020(A)2 TO
ELIMINATE THE MEETING ATTENDANCE REQUIREMENT FOR
COMMISSION APPLICANTS WHEN A QUORUM OF THE MEMBERSHIP DOES
NOT EXIST.
Additional discussion took place.
PAGE/FITZSIMMONS MOVED TO DIRECT STAFF TO BRING BACK A
RESOLUTION TO DISBAND THE PUBLIC ART COMMISSION, INCREASE THE
LIBRARY AND COMMUNITY ENGAGEMENT COMMISSION TO SEVEN
MEMBERS, AND CHANGE THE NAME TO LIBRARY AND PUBLIC ARTS
COMMISSION. MOTION PASSED BY THE FOLLOWING VOTE: AYES: AFTAB,
PAGE, FITZSIMMONS. NOES: WALIA, ZHAO. ABSTAIN: NONE. RECUSED: NONE.
ABSENT: NONE
2.5. Annual Review --Saratoga Climate Action Plan 2030
Recommended Action:
Accept report on the Annual Review of the City’s Climate Action Plan.
Mainini Cabute, Environmental Programs Manager, presented the staff report.
Mayor Fitzsimmons invited public comment.
The following individual spoke: Jim Cargill
No action needed, receive and file.
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2.6. American Rescue Plan Act of 2021 (ARPA) funds - Update
Recommended Action:
Receive updates on the American Rescue Plan Act of 2021 (ARPA) funded projects.
Macedonio Nunez, City Engineer, presented the staff report.
Mayor Fitzsimmons invited public comment.
The following individual spoke: Bill Dalton
No action needed, receive and file.
COUNCIL ASSIGNMENTS
Council Member Tina Walia
Cities Association of Santa Clara County Board of Directors – stated Joint Powers Authority
formation was approved by the Board of Directors - 12 of the 15 cities have agreed to the
agreement; the 2024 Officers were appointed as follows: President Neysa Fligor (Los Altos), First
Vice-President Larry Klein (Sunnyvale), Second Vice-President Tina Walia (Saratoga),
Secretary/Treasurer Hung Wei (Cupertino), Immediate Past President Margaret Abe-Koga
(Mountain View).
Silicon Valley Clean Energy Authority Board of Directors – stated the Board appointed Monica
Padilla as the new CEO effective April, 2024; authorized a contract for a 100MW wind project;
approved implementing a Statewide Billing Tariff; provided direction to update Clean Power
Offers for 2024, and updated the modernization of permitting and policies.
Council Member Chuck Page
Saratoga Chamber of Commerce Board – stated he attended the meeting, nothing to report
West Valley Clean Water Program Authority Board of Directors – stated he attended the meeting,
nothing to report
West Valley Solid Waste Management Authority Board of Directors – stated the Board received
an overview of potential new enforcement procedures and fees that begin January 2024 due to SB
1383.
Council Member Belal Aftab
Valley Transportation Authority (VTA) Policy Advisory Committee – stated 27 bus operators
recently graduated, bike education videos are available on VTA’s website and stated an audit will
be occurring soon.
Vice Mayor Yan Zhao
Saratoga Ministerial Association – stated the Association discussed the upcoming Community
Thanksgiving Event.
Mayor Kookie Fitzsimmons
Nothing to report
CITY COUNCIL ITEMS
Aftab/Page requested that the City Council consider adding parking spots at the Prospect Center
as a Council Nominated CIP Project.
109
Saratoga City Council Minutes ~ November 15, 2023 ~ Page 8 of 8
COUNCIL COMMUNICATIONS
None
CITY MANAGER'S REPORT
None
CITY ATTORNEY'S REPORT
None
ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS; VIRTUAL ATTENDEES
Mayor Fitzsimmons invited public comment.
No one requested to speak.
ADJOURNMENT
Mayor Fitzsimmons adjourned the meeting at 10:52 p.m.
Minutes respectfully submitted:
Britt Avrit, City Clerk
City of Saratoga
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Page 1 of 11
Recording Requested by and
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 ________ by and
between, ("Owner"), Owner of the real property described below, and
the City of Saratoga, California, a municipal corporation, ("City"). City and Owner may be referred
to herein individually as a "Party" or collectively as the "Parties" or the "Parties to this Agreement."
A. Recitals.
(1) California Government Code Section 50280, et seq. authorizes the City to enter into
contracts with owners of qualified historical properties to provide for the use, maintenance, and
restoration of historical properties to retain characteristics of historical significance.
(2) Owner possesses fee title in and to (together with associated structures and
improvements thereon) the real property described in Exhibit A to this Agreement and referenced
herein as the "Historic Property.” The Historic Property is shown as Assessors' Parcel Number
on the Santa Clara County Assessors' Roll and is generally referenced by the
following street address: in the City of Saratoga, as of the Effective Date.
(3) The Historic Property was designated by the City as a historic landmark by Ordinance
No and the City has determined that this Agreement is necessary to allow the restoration,
rehabilitation, and maintenance of the Historic Property.
(4) City and Owner, for their mutual benefit, now desire to enter into this agreement both to
protect and preserve the characteristics of historical significance of the Historic Property and to
qualify the Historic Property for an assessment of valuation pursuant to Sections 439-439.4 of the
California Revenue and Taxation Code. The Resolution of the City Council approving this
Agreement is attached hereto as Exhibit B.
B. Agreement.
City and Owner, in consideration of the mutual covenants and conditions set forth herein and
the recitals set forth above, do hereby agree as follows:
(1) Term of Agreement.
(a) This Agreement shall be effective and commence on the date recorded in the Santa Clara
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County Recorder’s Office (“Effective Date”) and shall remain in effect for a term of ten (10) years
thereafter.
(b) Each year on the anniversary of the Effective Date ("Renewal Date"), the term of the
Agreement shall be extended by one year unless notice of non-renewal is served as provided herein.
(c) In accordance with Government Code section 50282 if either Owner or City desire in any
year not to renew the Agreement, that Party shall serve on the other Party written notice of non-
renewal. Notice of non-renewal by City shall be filed at least sixty days prior to the Renewal Date.
Notice of non-renewal by Owner shall be filed at least ninety days prior to the Renewal Date. Either
party may protest a notice of non-renewal. A notice of non-renewal may be withdrawn at any time
prior to the Renewal Date by serving the other Party with a notice of withdrawal of the notice of
non-renewal. If a Party serves and does not withdraw a notice of non-renewal the Agreement shall
remain in effect for ten years from the next Renewal Date as stated in this contract.
(2) Condition of Historic Property. The characteristics that contribute to the historic
significance of the Historic Property and the condition of the Historic Property as of the Effective
Date are documented in Exhibit C to this Agreement (“Baseline Conditions”).
(3) Standards for Historical Property. During the term of this Agreement, the Historic
Property shall be subject to the following conditions, requirements, and restrictions:
(a) Owner shall immediately implement the list of goals and general improvement plans for
maintenance, restoration and rehabilitation of the Historic Property as set forth in Exhibit D to this
Agreement (“Restoration Plan”) in order to bring the Historic Property into conformance with the
rules and regulations of the Office of Historic Preservation of the California Department of Parks
and Recreation, the Secretary of the Interior’s Standards for Rehabilitation and the State of
California's Historic Building Code (collectively, the “Applicable Rules”). Thereafter, Owner shall
preserve and maintain the characteristics that contribute to the historic significance of the Historic
Property. This shall include, but not be limited to, maintaining the Historic Property in good repair
and conducting all use, maintenance, repair, restoration, and preservation in accordance with the
Applicable Rules and all other City, State, and Federal laws.
(b) Nothing in this Agreement shall be construed to prevent the ordinary maintenance or
repair of any exterior architectural feature in or on the Historic Property that does not involve a
change in design, material, or external appearance thereof. Nor does this Agreement prevent the
construction, reconstruction, alteration, restoration, demolition, or removal of any such external
architectural feature when the Community Development Director determines that such action is
required for the public safety due to an unsafe or dangerous condition which cannot be rectified
through the use of the California State Historic Building Code and when such architectural feature
can be replaced according to the standards described in subsection (a), above.
(c) The California State Historic Building Code ("SHBC") provides alternative building
regulations for the rehabilitation, preservation, restoration, or relocation of structures designated as
Historic Properties. The SHBC shall be used in the City’s building permit procedure for the Historic
Property, except as otherwise provided in this agreement or the SHBC. Nothing in this Agreement
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Page 3 of 11
shall be deemed to prevent any fire, building, health, or safety official from enforcing laws,
ordinances, rules, regulations, and standards to protect the health, safety, welfare, and property of the
Owner or occupants of the Historic Property or the public.
(d) Owner shall maintain the Historic Property in a manner that does not block the view of
the Historic Property from sites accessible to the public with any new structure, fence, shrubbery, or
other landscaping.
(e) Each year on the anniversary of the Effective Date, Owner shall provide City evidence of
maintenance of the Historic Property completed within the previous year.
(f) Owner shall allow City to conduct annual inspections of the Historic Property. City shall
provide prior notice to Owner before conducting inspection.
(4) Provision of Information.
(a) Within thirty days of any request, Owner shall furnish City with any and all information
requested by City relevant to this contract to determine compliance with the terms and provisions of
this Agreement.
(b) Owner shall keep and preserve, for at least ten years beyond the term of this Agreement,
all records as may be necessary to determine the eligibility of the property involved, and Owner’s
compliance with the terms and provisions of this Agreement. These records shall include, but not be
limited to photographs, blueprints, permits, historical and/or architectural review approvals. In the
event the Historic Property is sold, the Owner of the property at the time of sale shall transfer all
such records to the new Owner of the Historic Property.
(c) Owner shall submit annually to the Community Development Director a report which
shall specify all work completed during the preceding twelve months to comply with the
requirements of this Agreement and report on such other items as may be specified by the
Community Development Director.
(d) Owner shall allow for periodic examinations, by prior appointment, of the interior and
exterior of the Historic Property by representatives of the County Assessor, State Department of
Parks and Recreation, State Board of Equalization, (collectively the “Interested Agencies”) and/or
the City. The Community Development Director shall determine when periodic examinations by the
City may be necessary to determine the eligibility of the property involved, and to determine
Owner’s compliance with the terms and provisions of this Agreement; these examinations shall take
place not less than once every five years. Examinations by representatives of the Interested
Agencies shall be made as deemed necessary by those agencies.
(5) Cancellation.
(a) CITY, following a duly noticed public hearing as set forth in California Government
Code Section 50285, may cancel this Agreement if it determines one or more of the following:
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Page 4 of 11
(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. In lieu of and/or in addition to any provisions to cancel the Agreement,
City may specifically enforce, or enjoin the breach of the terms of this Agreement. In the event of a
default by Owner City shall give written notice of the violation to Owner by registered or certified
mail addressed to the address provided for notice in this Agreement. The violation shall be corrected
to the reasonable satisfaction of City within thirty days of the date the notice is mailed. Where the
violation cannot reasonably be cured within sixty days, actions to cure the violation shall be
commenced within sixty days and pursued diligently to completion within a reasonable period of
time to be determined by the City. If the violation is not timely cured then the City may, without
further notice, declare a default and bring any action necessary to specifically enforce the obligations
of Owner under this Agreement, apply to any state or federal court for injunctive relief or apply for
such other relief as may be appropriate. The City’s right to enforce this Agreement shall in no way
limit or restrict its rights or legal remedies arising under other provisions of local, state, or federal
law, including the historic preservation regulations under the City’s municipal code.
(8) Binding Effect of Agreement.
(a) Owner hereby voluntarily subjects the Historic Property to the covenants, reservations,
and restrictions as set forth in this Agreement. The Parties hereby declare their specific intent and
agreement that all of the agreements, rights, covenants, reservations, and restrictions contained in
this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs,
successors, legal representatives, assigns and all persons acquiring any part or portion of the Historic
Property, whether by operation of law or in any manner pursuant to this Agreement. Each and every
contract, deed, or other instrument hereinafter executed, covering, encumbering, or conveying the
Historic Property, or any portion thereof, shall conclusively be held to have been executed,
delivered, and accepted subject to the covenants, reservations, and restrictions expressed in this
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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 given by the terms of this Agreement shall be provided at the
address of the respective parties as specified below or at any other address as may be later specified
by the parties hereto.
CITY: City of Saratoga
Attn: City Clerk
13777 Fruitvale Avenue
Saratoga, CA 95070
OWNER:
(10) No Partnership or Joint Enterprise Created. None of the terms, provisions, or
conditions of this Agreement shall be deemed to create a partnership between the parties hereto and
any of their heirs, successors, or assigns; nor shall such terms, provisions, or conditions cause them
to be considered joint ventures or members of any joint enterprise.
(11) Hold Harmless and Indemnification. Owner agrees to protect, defend, hold harmless
and indemnify City, its City Council, commissions, officers, agents, and employees from and against
any claim, injury, liability, loss, cost, and/or expense or damage, however same may be caused,
including all costs and reasonable attorney's fees in providing a defense to any claim arising there
from for which Owner shall become legally liable arising from Owner’s acts, errors, or omissions
with respect to or in any way connected with the prosecution of the work performed by Owner
pursuant to this Agreement. This hold harmless provision applies to all damages and claims for
damages suffered, or alleged to have been suffered, by reason of the conduct referenced in this
Agreement regardless of whether City prepared, supplied, or approved any plans, specifications,
other documents, or any proposed conduct relating to the Historic Property.
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Page 6 of 11
(12) Attorneys' Fees. In the event legal proceedings are brought by any Party or Parties to
enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein,
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 after entering into this Agreement and shall provide the City with a copy of such notice at
the time it is filed.
(14) Fees. The Community Development Director may assess, and Owner shall pay such
Mills Act Historic Property Contract fees for the administration of this Agreement as may be
authorized from time to time by the City Council.
(15) Severability. If any section, sentence, clause, or phrase of this Agreement is, for any
reason, held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, or
by subsequent preemptive legislation, such decision shall not affect the validity and enforceability of
the remaining provisions, or portions of this Agreement, and shall not be affected thereby. City and
Owner hereby declare that each would have approved and accepted this Agreement, and each
section, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.
(16) Integrated Agreement - Totality of Agreement. This Agreement embodies the
agreement between City and Owner and its terms and conditions. No other understanding,
agreements, or conversations, or otherwise, with any officer, agent, or employee of City prior to
execution of this Agreement shall affect or modify any of the terms or obligations contained in any
documents comprising this Agreement. Any such verbal agreement shall be considered as unofficial
information and in no way binding upon City. All Exhibits to this Agreement are hereby
incorporated and made a part of this Agreement.
(17) Captions. The captions of the various sections, paragraphs and subparagraphs are for
convenience only and shall not be considered or referred to in resolving questions of interpretation.
(18) Governing Statutes and Law. This Agreement shall be governed and construed in
accordance with the statutes and laws of the State of California.
(19) Amendments. This Agreement may be amended, in whole or in part, only by a written
recorded instrument executed by the parties hereto.
IN WITNESS WHEREOF, CITY and OWNER have executed this Agreement on the day
and year first written above.
CITY OF SARATOGA, CALIFORNIA, a California municipal corporation
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____________________________
CITY MANAGER
Address:
13777 Fruitvale Avenue
Saratoga, CA 95070
Telephone: (408) 868-1222
Fax Number: (408) 868-8555
ATTEST:
____________________________
CITY CLERK
Approved as to Form:
_____________________________
CITY ATTORNEY
OWNER [Notarized Signature(s) Required]
By: _____________________________
Name:
Title:
Local Address:
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
117
Exhibit A
The Historic Property that is the subject of this Agreement is the real property described below
including all structures and improvements thereon:
118
Exhibit B
RESOLUTION NO.
APPROVING MILLS ACT CONTRACT
[Begins on following page.
119
Exhibit C
BASELINE CONDITIONS
1. NAME OF PROPOSED MONUMENT:
2. ADDRESS:
3. ASSESSOR’S PARCEL NUMBER:
COMPLETE LEGAL DESCRIPTION:
The land referred to herein below is situated in the City of Saratoga, County of Santa Clara, State
of California and is described as follows:
4. RANGE OF ADDRESSES:
5. PRESENT OWNERS:
6. OWNERSHIP:
7. PRESENT AND ORIGINAL USE:
8. ARCHITECTURAL STYLE:
9. PRESENT PHYSICAL DESCRIPTION:
10. CONSTRUCTION DATE:
11. ARCHITECT, DESIGNER, OR ENGINEER:
12. CONTRACTOR/BUILDER:
13. PHOTOGRAPHS:
14. CONDITION:
15. ALTERATIONS:
16. THREATS TO THE SITE:
17. STATEMENT OF SIGNIFICANCE:
18. SOURCES:
19. PREPARER:
120
Exhibit D
RESTORATION PLAN
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122
Craig M. Ambrose April, 3 2024
14683 Oak St
Saratoga, CA 95070
Saratoga City Council
RE: 14683 Oak St.
Mills Act Contract-Resolution No. 11-030
“The Mills Act is the single most important economic incentive program in
California for the restoration and preservation of qualified historic buildings
by private property owners.” - CA.GOV
To whom it may concern,
I have been a resident of Saratoga since 1999 and purchased my beautiful
historic home in September of 2001 where I have lived since. This house has
meant a lot to me and my family. My kids were both raised here, went to
Saratoga Elementary School, and went on to Redwood and Saratoga High.
They have made me promise to remain in the home even as they have moved
on with their lives. They still come home regularly for holidays.
This house has also meant a lot to the community. There are regularly tours
that come by to see the home. I often get compliments on the state of the
house and the restoration that I’ve done to keep it reflective of the period and
of Saratoga.
The history of the home, as I’ve been told, is that it was a “half-way house” for
missionaries in the area that were coming to the area or heading out on their
missions. As you may know, the elementary school down the road was a
church and this home served the community back then. There have been a
number of times that people have stopped in to let me know that they lived in
the home a few generations ago and that they are happy to see it in such
good repair.
This has not been a cheap home to maintain. It has been difficult to find
replacement pieces for the woodwork, often requiring me to have custom
milling done. The roof, gutters, and galvanized lead pipe plumbing have all
had to be replaced. I would like to get solar panels to conserve energy and to
reduce my carbon footprint, but I’ve been told that I can’t install them and
retain the historic nature of the home.
I’ve done my best to adhere to the maintenance plan and have also paid for
additional work that needed to be done to keep the home in its beautiful state.
123
I would be happy to be interactive with The City in determining the restoration
plan going forward and to keep The City appraised of work completed.
The Mills Act has been extremely effective and beneficial to my family to allow
us to use the tax reduction to focus those funds on the maintenance and
upkeep of this beautiful home.The purpose of this letter is to advocate for the
continued support of this valuable contract.I wish that I could have the
opportunity to advocate in person.But I will be out of the country during The
City Council session.Please let me know if there is anything I can do to
facilitate the furtherance of the contract.
Sincerely,
Cra M Am os
Craig M Ambrose
124
Frances Reed
From:Britt Avrit
Sent:Monday, April 8, 2024 8:25 AM
To:Frances Reed
Cc:James Lindsay; Bryan Swanson
Subject:FW: Online Form Submittal: Council Comments Form
Hi Frances,
I believe this should be included as Public Comment for the Mill Act Policy change agenda item… unless
James or Bryan feel otherwise, can you please add this to the public comments for that item?
Thank you,
Britt Avrit, MMC | City Clerk
City of Saratoga | City Manager’s Office
13777 Fruitvale Avenue | Saratoga, CA 95070
408.868.1294 | bavrit@saratoga.ca.us
Tell us how we did! Complete the City of Saratoga Customer Service Survey
From: noreply@civicplus.com <noreply@civicplus.com>
Sent: Saturday, April 6, 2024 9:39 PM
To: Chuck Page <cpage@saratoga.ca.us>; Yan Zhao <yzhao@saratoga.ca.us>; Belal Aftab <baftab@saratoga.ca.us>;
Tina Walia <twalia@saratoga.ca.us>; Kookie Fitzsimmons <kookie@saratoga.ca.us>; James Lindsay
<jlindsay@saratoga.ca.us>; Britt Avrit <bavrit@saratoga.ca.us>; Leslie Arroyo <larroyo@saratoga.ca.us>
Subject: Online Form Submittal: Council Comments Form
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 Jenny Zhou
Phone Number
Email Address
Subject Mills Act Policy Change
Comments I'm the owner of the historical landmark house located at 20330
Saratoga Los Gatos Rd. I'm writing about the my concern of
non-renewal of Mills Act Policy for all existing contracts.
My house was entered into Mills Act in 2011, and during the 10
year period, I have accepted the monitoring from city staff, Mr.
Fossati; submitted yearly to the county of the detail list of work
done on the house, together with photos, copy of receipts; and
have hosted an open house for the foothill club, with the ticket
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proceedings used for add new furniture for the club.
https://yanzi.smugmug.com/Events/Foothill-Club-Historical-
House/n-3h7J7
One thing I would like to clarify here is that the cost of
maintaining a historic house is much greater than for a non-
historical house. One extreme case is the historic house Steve
Jobs had owned in woodside.
(https://venturebeat.com/business/steve-jobs-and-the-strange-
afterlife-of-the-historic-woodside-mansion-he-demolished-2/).
One thing reflected from this article is that even with the wealth
of Steve Jobs, the work to maintain the house is very
challenging. It's a tragedy that the house was demolished at
the end. It's the loss of the city of Woodside.
For me, the past 13 years of entering Mills Act is certainly not
smooth sailing. I have dealt with issues like changing old cast
iron pipes; taking down ancient trees due to extreme drought,
the mystery of storming drain of this more than 100 year old
house that caused basement flooding. Last year, I have faced
a new surprises that the main sewage line built from terra cotta
pipes need to be replaced altogether. Early this year, a big tree
fell due to the storm in the front yard.
I'm all for re-examination of the criteria for a property to be
qualified for Mills Act, and frequent monitoring that the
properties are well maintained. I would appreciate that the
council take more careful thoughts of putting the existing Mills
Act property in to non-renewal. If it has to be done, make it an
easier transition for re-application.
Sincerely,
Jenny Zhou
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126
Frances Reed
From:Nicole Johnson
Sent:Tuesday, April 9, 2024 3:55 PM
To:Britt Avrit; Frances Reed; Bryan Swanson
Subject:Fwd: Fwd: RE: Mills Act - 14475 Oak Place - Site Update
Please.include this in public comment to the Mills Act item.
Thanks,
Nicole Johnson| Senior Planner
City of Saratoga | Community Development Department
13777 Fruitvale Avenue | Saratoga, CA 95070
(408) 868-1209| www.saratoga.ca.us
*City Hall is closed every other Friday*
Tell us how we did! Complete the City of Saratoga Customer Service Survey
From: Matt Duchesne
Sent: Tuesday, April 9, 2024 3:31:49 PM
To: Nicole Johnson <njohnson@saratoga.ca.us>
Subject: Re: Fwd: RE: Mills Act - 14475 Oak Place - Site Update
CAUTION: This email originated from outside your organization. Exercise caution when opening
attachments or clicking links, especially from unknown senders.
Hi Nicole,
Just want to confirm we will be attending on the 17th session as well. Thanks for sharing more details
with all of us. I spoke to Jimmy and a few of the other home owners. Of course we love the benefit of
the Mills Act financially, but as we all know these houses in their historic nature won't last forever if
not for the investments. The keeping them historic is quite expensive vs modern homes and many of
us are in this for the long run preserving these classic style homes that have real meaning to many. I
cannot even tell you how many folks stop in front of our house to admire it, even the new
retail/commercial building in downtown Saratoga across from Hero Ranch has copied our home
almost identically in style. Appreciate everything you have done to support us!
Also funny to see I have lived in 2 of the houses on the list, the Walbrook home was my family's
house during the 1989 earthquake. Beautiful home and great example of a historic house on there.
And my family friend used to live in 20330 Saratoga LG Rd and have been there many times.
Another great historic home.
If you need anything else from me let me know. I am certainly tracking what we are doing to the home
and lots of little repairs have caught us up lately. The big items now on my list are a new roof and
windows. The front window alone I got quoted $10k-$20k for a single window as the french windows
127
128
To: Nicole Johnson <njohnson@saratoga.ca.us>
Cc: Ashley Duchesne
Subject: RE: Mills Act - 14475 Oak Place - Site Update
CAUTION: This email originated from outside your organization. Exercise caution when opening
attachments or clicking links, especially from unknown senders.
Thanks again on this. I started a folder and will be printing all of this out.
As for the historic committee. If am getting a quote for a new roof. Really want to move away from
shingles, due to fire risk and long term durability. Do you know if any types of shingles are ok like Slate or
Presidential?
I know the Olivia de Havilland house (LONG PROJECT as you probably already know) on La Paloma went
with Slate. And I believe they have many historical issues to deal with as well on that house.
Thanks in advance!
Best Regards,
Matt Duchesne
VP of Sales
Thu, Sep 08, 2022 at 9:44 AM, Nicole Johnson <njohnson@saratoga.ca.us> wrote:
Thank you so much!! I am going to have to ask this of you every year, until your 10-
year restoration plan is complete so please keep your records.
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1) Completely new roof - not even sure if this is an option that is approved
2) Replace all cast iron pipes in home - this will be quite costly and a great deal of work, but a big
project we have realized needs to be addressed…we had major damages from these late last year.
3) Replace all windows around house - probably one of the biggest projects that is yet to be quoted but
I believe well over $50k for our house. Is this allowed as well and what is view of this for historic
committee? We have rotting on quite a few windows.
4) Replace all grass with artificial turf - not quite preserving the house, but an investment, and with the
drought, one we are considering with savings.
5) Replacing all light fixtures on exterior - smaller project but already quoted out.
6) Misc fixes around house - about 15 smaller projects identified to have someone help address.
Each year we have spent about $5k already with just general issues (like the leak last year). Also we
have found getting quotes up till recently quite difficult with the big housing projects going on and
companies only wanting to take larger projects.
Let me know if maybe we can have a quick consultation. We are definitely tracking the savings on this
and want to ensure we are investing in keeping our home special for Saratoga.
Best Regards,
Matt Duchesne
VP of Sales
132
CITY OF SARATOGA
Memorandum
To: Mayor Zhao & Members of the Saratoga City Council
From: Nicole Johnson, Senior Planner
Meeting Date: April 17, 2024
Subject: Mills Act Property Tax Abatement Program (Item 3.1)
It has recently been brought to staff’s attention that the County of Santa Clara utilizes the State
Board of Equalization’s “Guidelines for the Assessment of the Enforceability Restricted Historical
Property”. These guidelines state that an enforceably restricted historical property (Mills Act
Property) be valued on a basis that is consistent with its restrictions and uses. This prohibits a
valuation of enforceably restricted historical property based on sales data and instead requires
that such property be valued by a prescribed income capitalization method.
Valuing the restricted historical property following a notice of nonrenewal;
As provided in Government Code section 50282, either the owner of a restricted historical
property or the local contracts entity may serve notice that it does not intend to renew
the historical property contract. If such notice is not given, another year is automatically
added to the term of the initial contract, thus creating a "rolling" contract term that is
always equal to the initial contract term.
The valuation method for a restricted historical property in nonrenewal status.
This valuation method applies until the end of the existing contract expires. The method
results in a restricted value that gradually approaches the historical property's factored
base year value as the remaining term under the contract decreases. For a property in
nonrenewal status, the assessor must annually value the property as follows:
I. Determine the full cash value (i.e., factored base year value) of the property.
II. Determine the restricted value of the property by the capitalization of income
method.
III. Subtract the restricted value determined in Step 2 from the factored base year (or
other) value determined in Step 1.
IV. Using the amount for the interest rate component, the amount obtained in Step 3
for the number of years remaining until the termination of the contract.
133
V. Determine the restricted value of the property in nonrenewal status by adding the
value determined in Step 2 to the amount obtained in Step 4. The historical
property's restricted value in nonrenewal status should be compared with the
historical property's factor base year and current market values, and the lowest of
these three values should be enrolled as the property's taxable value.
Staff wanted to ensure that the City Council was aware of the immediate action the
County Tax Assessor would take after receiving notice of nonrenewal. In consideration
this information, the City Council may want to consider the following modifications to the
proposed resolution show below:
1. The City shall issue a notice of non-renewal for all Mills Act Historic Property Preservation
Agreements in effect on April 17,2024. The City shall contact each owner with a Mills Act
Historic Property Preservation Agreement that has been in effect for at least 10 years
and request the owner submit a new 10-year Restoration & Maintenace Plan to be
reviewed and approved by the Community Development Director. If a plan is not
provided within 90 days of the request or if the plan is not subsequently approved, then
the City shall issue a notice of non-renewal.
2. Immediately upon entering into a new Mills Act Historic Property Preservation
Agreement, the City shall issue a notice of non-renewal for that agreement so that each
new agreement will remain in place for no more than 10 years.
3. To be eligible for a Mills Act Historic Property Preservation Agreement, the property shall
satisfy at least four of the following criteria from City Code Section 13-15.010:
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.
4. Mills Act Historic Property Preservation Agreements shall include the following
requirements:
a) Each year on the anniversary of the Effective Date, Owner shall provide City
134
evidence of maintenance of the Historic Property completed within the
previous year.
b) Owner shall allow City to conduct annual inspections of the Historic Property.
City shall provide prior notice to Owner before conducting inspection.
c) No later than nine years from the Effective Date of the Agreement the Owner
shall file with the City a new proposed 10-Year Restoration & Maintenance
Plan. The proposed plan shall be reviewed and approved by the Community
Development Director. If the Owner fails to submit a new Restoration &
Maintenance Plan or if the Plan is not approved, the City shall issue a notice
of non-renewal in accordance with the terms of the agreement.
Also attached is a list of current mills act contracts and all Designated Historical Landmarks in the
City.
ATTACHMENTS:
Attachment A – Current Mills Act Contracts
Attachment B- Designated Landmark Structures
1771555.1
135
APN Address Year property was approved for a Mills
Act Contract with the City Orginal Owner
397-13-066 Chester Avenue 14288 2005 No
386-47-039 Cox Avenue 19161 2012 Yes
389-05-016 DeHavilland Drive 19174 2021 Yes
397-19-010 Fruitvale Avenue 15095 2014 Yes
397-22-053 Oak Place 14475 2019 Yes
517-08-047 Oak Street 14666 2022 Yes
517-08-017 Oak Street 14683 2011 Yes
397-23-005 Orchard Road 20331 2019 Yes
517-22-130 Peach Hill Road 15320 2020 Yes
397-31-0001 Saratoga Ave 14275 2023 Yes
393-45-017 Saratoga Avenue 13855 2007 No
397-25-099 Saratoga Avenue 14065 2013 Yes
517-11-005 Saratoga Los Gatos Road 20280 2021 Yes
517-11-003 Saratoga Los Gatos Road 20330 2011 Yes
503-22-075 Saratoga Sunnyvale Road 14051 2005 Yes
389-04-007 Shubert Drive 19277 2020 Yes
378-25-021 Walbrook Drive 11995 2004 No
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City of Saratoga
Designated Landmark Structures
* Mills Act Properties April 2024
Year or
App#
Address
Historic or Common Name Architectural Style Criteria
88-01
HP-18
14421 Big Basin Way Saratoga Bank Building (1913) Classic Revival a,c,e
88-01 21000 Big Basin Way Hakone Gardens (1917-1918) Japanese a,c,d,e,g
*98-01 14288 Chester Avenue
(formerly 19101 Via Tesoro Court)
El Tesoro - Dr. Clemmer Peck Residence
(1935 & 1967)
Adobe b, c, e
* 12-06
*HP21-007
19161 Cox Avenue
19174 DeHavilland Drive
Joseph Cox House (1915)
Lee T. Boysel House
Craftsman
Mid-Century Modern
a,b,c
a,b,c,d,e,f,g
88-01
HP-21
13777 Fruitvale Avenue
(Moved from 13495 Sousa Ave)
Warner Hutton House (c.1896)
Queen Anne
a,c
*88-01 15095 Fruitvale Ave. Fair Oaks (1905) Prairie/Classic Revival a,b,c
88-01
HP-02
15400 Montalvo Road Villa Montalvo Italian Villa a,b,c,d
*88-01
HP-23
14475 Oak Place Almond Hill (1910-1912) Shingle Craftsman a,b
88-01
HP-9
14410 Oak Street Village Library (1927) Mission Revival a,b,c
88-01
HP-12
14488 Oak Street
(Moved to 14380 Saratoga Los Gatos
road)
Saratoga Volunteer Fire Bell (1903) n/a a,b
*HP-88-01 14666 Oak Street Congregational Church Parsonage National/Greek Revival a,b
88-01
HP-5
14672 Oak Street William King House (c. 1877) Pioneer/Colonial Revival a,b
*88-01
HP-13
14683 Oak Street
Missionary Settlement House (c.1897)
Queen Anne
a,b,c,e
137
Year or
App#
Address
Historic or Common Name Architectural Style Criteria
*2019
19-03
20331 Orchard Road
Peck House ( c.1930)
Colonial Revival
b,c
88-01
HP-1
*88-01
20399 Park Place
15320 Peach Hill Road
Saratoga Foothill Club (1915-1916)
Carey House (1929)
Bay Region/Craftsman
Monterey Colonial
a,b,c,d,e
a,c,d
88-01
HP-14
15231 Quito Road Casa Tierra (1941-1943) Southwest a,b,c
88-01
HP-15
18490 Ravenwood Dr.
Brandenburg House (1888) Decorative Pioneer a,c
*07-07 13855 Saratoga Ave Lanphear House (c. 1910) Craftsman a,c,e
*91-01
HP-20
14065 Saratoga Ave. Florence Cunningham Residence (c.1930)
Craftsman Bungalow
b,c,e
*HP-88-01 14275 Saratoga Ave Higginbotham House Craftsman a, c
*HP- 91-01 20280 Saratoga-Los Gatos Road Seven Oaks Mediterranean w/
Craftsman details
c,e
*88-01
HP-17
20330 Saratoga-Los Gatos Road
The Deodars (1912) Mediterranean Villa a,c
88-01
HP-7
20450 Saratoga-Los Gatos Road
Saratoga Historical Museum (c. 1904-1905) False-front Pioneer a,c,e
88-01
HP-10
*20-079
20460 Saratoga-Los Gatos Road
19277 Shubert Drive
McWlliams House (1850’s)
Kenji Matsuda House
Pioneer Cottage
Mid-Century Modern
a,c,e
a,c,d
88-01 14650 Sixth Street Nardie House (c. 1895) Queen Anne a,c
138
Year or
App#
Address
Historic or Common Name Architectural Style Criteria
HP-11
88-01
HP-21
13495 Sousa Lane
(Moved to 13777 Fruitvale Ave.)
Warner Hutton House (c. 1896) Queen Anne a,c
*88-01
HP-22
14051 Saratoga- Sunnyvale Road Neil Carmichael House (1914) Neoclassic a,b
*88-01
HP-24
11995 Walbrook Dr. Hyde House (1895) Craftsman Bungalow
a,c
139
CITY OF SARATOGA
Memorandum
To: Members of the Saratoga City Council
From: Britt Avrit, City Clerk
Meeting Date: April 17, 2024
Subject: Written Communications, Item 3.1
Following publication of the agenda packet for the April 17, 2024, City Council Meeting, written
communications were submitted for Item 3.1. The communications are attached to this memo.
140
From:Nicole Johnson
To:Britt Avrit
Cc:Bryan Swanson; Frances Reed
Subject:FW: Mills Act for -19161 Cox
Date:Monday, April 15, 2024 9:10:04 AM
Hi Britt,
Please include in the public comments to the Council for the Mills Act item.
Sincerely,
Nicole
Nicole Johnson| Senior Planner
City of Saratoga | Community Development Department
13777 Fruitvale Avenue | Saratoga, CA 95070
(408) 868-1209| www.saratoga.ca.us
*City Hall is closed every other Friday*
Tell us how we did! Complete the City of Saratoga Customer Service Survey
From: Joe Blacow
Sent: Sunday, April 14, 2024 7:35 PM
To: Nicole Johnson <njohnson@saratoga.ca.us>
Cc: jun xie
Subject: Re: Mills Act for -19161 Cox
CAUTION: This email originated from outside your organization. Exercise caution when
opening attachments or clicking links, especially from unknown senders.
Dear Nicole,
I am extremely busy, House remodel plan, China visa, Mills Act. and over time working of my
job(17th 7pm I have company meeting and I will try to escape). So I am especially grateful for
your helps, other owners have similar feelings.
Following are my opinions would you mind to forward city councils or on the meeting? I hope
city can continue all Mills Act contract for next ten years. The reasons are:
1. Follow States or even national policies to protect our culture, historical records and
diversified architecture building styles.
2. If we ignore or allow Mills Act houses to become damaged or disappear, we are actually
doing a disservice to our culture and history.
3. The humanistic value of history, art, architecture, etc. can be recognized by well educated
people, but might not be evaluabed if those play games in most of their lives.
141
142
From:noreply@civicplus.com
To:Chuck Page; Yan Zhao; Belal Aftab; Tina Walia; Kookie Fitzsimmons; James Lindsay; Britt Avrit; Leslie Arroyo
Subject:Online Form Submittal: Council Comments Form
Date:Monday, April 15, 2024 4:30:42 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 Curt Bianchi
Phone Number Field not completed.
Email Address
Subject Apr. 17, 20204, Agenda Item 3.1 Mills Act Property Tax
Abatement
Comments Dear Council Members,
I am writing regarding agenda item 3.1 Mills Act Property Tax
Abatement for the Apr. 17, 2024, City Council meeting. Per the
staff report, the Council previously directed staff to address four
provisions. I wish to comment on provision four, which reads in
the staff report: “4. Mills Act Historic Property Preservation
Agreements shall include more substantive requirements for
maintenance.” I notice in the staff report that the Historic
Preservation Council recommends removing provision four
because “it is ambiguous and creates an additional burden for
property owners and staff.” I agree that the language of the
provision is vague, but rather than eliminate it, I think it should be
strengthened and improved.
I reviewed a number of Mills Act contracts and noticed that the
maintenance plans are filled with items that are no different from
the type of maintenance and improvements undertaken by
homeowners across the city. For example, the plan for 14275
Saratoga Ave. includes “install A/C and central air,” and “install
solar panels and home storage batteries.” The plan for 14475
Oak Place includes “California Closets upstairs, 10k” and
“Replace all grass with artificial turf.” I fail to see how air
conditioning, solar panels, California Closets or artificial turf
enhance the historic nature of a home, nor does it seem like
these would be more costly just because a home has a historic
designation.
Two of the more recent Mills Act contracts are for homes built in
1964-65 (19277 Shubert Drive and 19174 DeHavilland Drive).
These homes are newer than hundreds of other homes in
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Saratoga that were built in the 1950s and early 1960s. There is
nothing in the maintenance plans of these two homes that is not
routinely faced by the owners of these other homes. Worse,
some of the maintenance items seem dubious at best. 19174
DeHavilland calls for an annual expense of $1,200 to “Remove
[or clean] spider webs, fix carpenter bee holes, clean windows &
gutters.” 19277 Shubert includes an annual expense of $1,200 to
“Clean Windows, exterior lights, clear spider webs.” Many plans
include regular landscape and tree maintenance that is common
to all homeowners.
I do understand that there can be additional expenses in
maintaining the integrity of truly historic homes, but some of the
examples cited above lead me to believe that this program is
also ripe for abuse. Just because a home is deemed historically
significant by the HPC doesn’t mean it should also qualify for a
Mills Act contract, nor is it necessarily more expensive to
maintain than other homes in Saratoga. So rather than removing
provision four, I think City staff and the City Council need to
scrutinize Mills Act maintenance plans more closely and
establish better, more stringent guidelines for what types of
maintenance and improvements would qualify for a contract.
Lastly, I fully support the Council’s direction regarding the non-
automatic renewal of Mills Act contracts. This seems like a
reform that is overdue.
Sincerely,
Curt Bianchi
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144
From:Bill Dalton
To:Belal Aftab; Kookie Fitzsimmons; Tina Walia; Yan Zhao; Chuck Page
Cc:James Lindsay; Leslie Arroyo; Britt Avrit
Subject:Council Meeting 2024-04-17 Item 3.1. Mills Act Property Tax Abatement Program
Date:Tuesday, April 16, 2024 11:11:31 AM
CAUTION: This email originated from outside your organization. Exercise caution when
opening attachments or clicking links, especially from unknown senders.
Mayor and Council Members,
Should the Council decide that agreements be for 10 years, I suggest the proposed
contract be amended as
follows:
B. - (1) Term of Agreement
Delete (b) and (c).
Make it simple -- the contract is for 10 years. Why have language regarding
automatic extension and notice of desire to not renew.
Thank you,
Bill Dalton
145
From:Nicole Johnson
To:Britt Avrit
Cc:Bryan Swanson; James Lindsay
Subject:FW: Mills Act amendment Res. No. 03-016
Date:Tuesday, April 16, 2024 12:54:23 PM
Attachments:Mills Act Amend Ltr 04-16-24.pdf
Hi Britt,
Please add to the Mills Act public comments.
Sincerely,
Nicole
Nicole Johnson| Senior Planner
City of Saratoga | Community Development Department
13777 Fruitvale Avenue | Saratoga, CA 95070
(408) 868-1209| www.saratoga.ca.us
*City Hall is closed every other Friday*
Tell us how we did! Complete the City of Saratoga Customer Service Survey
From: John Frolli
Sent: Tuesday, April 16, 2024 12:13 PM
To: Nicole Johnson <njohnson@saratoga.ca.us>
Cc: Alexandra Nugent ; Norman Koepernik
Subject: Mills Act amendment Res. No. 03-016
CAUTION: This email originated from outside your organization. Exercise caution when
opening attachments or clicking links, especially from unknown senders.
Hi Nicole,
I heard that the council will be discussing amendments to the Saratoga Mills Act. I
would attend to voice my concerns but I have a previous commitment.
I would like to submit this letter to the council regarding the proposed changes.
Thank you,
John
John Frolli, AIA
Historic Architect
Strata Design Studio
408.705.3148
146
Strata Design Studio
P.O. Box 1127
San Jose, CA 95108
April 16, 2024
Nicole Johnson / Senior Planner
City of Saratoga / Community Development Dept.
1377 Fruitvale Ave.
Saratoga, CA 95070
Re: The proposed Mills Act Policy Amendments
Resolution No. 03-016
Dear Nicole,
I understand the Saratoga City Council is considering making amendments to the Saratoga Mills Act
policy and I am sending this letter to outline my experience with this topic in Saratoga as well as in other
Bay Area cities.
I am writing in support of keeping the Saratoga Mills Act process intact, leaving it as it currently stands
and making it as accessible as possible for the citizens as well as for the benefit of the city’s historical
legacy.
As you know, I’ve had the pleasure of working with Alexandra Nugent over the last few years on the
exterior siding restoration project for the Historic Landmark Saratoga Foothill Club designed by Julia
Morgan. I’ve also worked with several homeowners of historic Landmark Buildings in Saratoga.
The Mills Act was enacted in 1972 to assist building owners by allowing them to invest a property tax
savings toward the added cost that is involved with maintaining their historic home to a higher standard
of care needed to maintain the historical integrity of their home. This tax break often helps the owners
bridge the gap needed to make more historically appropriate repairs. Stewardship of a historic building
is a long-term endeavor. The City’s suggestion of putting a ten-year limit on the restoration and
maintenance of structures that have endured for over 100 years or more is simply not practical.
Understandably, I do not feel the proposed limit on the maintenance work to ten years is working in the
spirit of the Mills Act.
147
Strata Design Studio
2 | P a g e
There are many community benefits to assisting owners of Landmark buildings. Historically accurate
buildings maintained through the Mills Act help set a standard of care that permeates through the
remainder of the neighborhood. A homeowner that is restoring their home to a higher standard of
historic integrity displays a level of pride in the building, encouraging this endeavor to the surrounding
homes. I like to say that having a historic landmark building in your neighborhood is like having an
exceptional performer on your team; they have a way of pulling everyone else up along with them.
Historic neighborhoods have traditionally added a sense of place and value to the surrounding
community.
I would urge the Council and Landmarks Committee to carefully weigh any alterations in the standing
rules and avoid actions that will make it more difficult to qualify for use of the Mills Act. I support the
HPC’s recommendation that no more than three of the criteria be used to qualify for Mills Act approval.
Requiring four would make it nearly impossible to qualify.
Sincerely,
John Tabuena-Frolli, AIA
Principal, Historic Architect
Strata Design Studio
148
SARATOGA CITY COUNCIL
COUNCIL ASSIGNMENTS
Mayor Yan Zhao
Hakone Foundation Board Executive Board
Santa Clara County Housing and Community Development Advisory Committee
Santa Clara County Library District Board of Directors
West Valley Mayors and City Managers Association
West Valley Sanitation District Board of Directors
Council Finance Committee
Vice Mayor Belal Aftab
Association of Bay Area Government (ABAG) General Assembly
Silicon Valley Regional Interoperability Authority Alternate
Valley Transportation Authority Policy Advisory Committee
Saratoga Historical Foundation Board of Directors
Council Finance Committee
Council Member Chuck Page
Santa Clara Valley Water Commission
West Valley Clean Water Program Authority Board of Directors
West Valley Solid Waste Management Authority Board of Directors
Saratoga Chamber of Commerce Board
Saratoga Ministerial Association
Council Member Tina Walia
Cities Association of Santa Clara County Board of Directors
Cities Association of Santa Clara County City Selection Committee
Cities Association of Santa Clara County Legislative Action Committee
KSAR 15 Saratoga Community Access Cable Television Foundation Board of Directors
Silicon Valley Clean Energy Authority Board of Directors
Council Member Kookie Fitzsimmons
Hakone Foundation Board of Trustees
Saratoga Area Senior Coordinating Council Board of Directors
Saratoga Sister City Committee Liaison
149