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Home My WebLink AboutPacket.pdf REGULAR MEETING – 7:00 P.M. – CIVIC THEATER/COUNCIL CHAMBERS AT 13777 FRUITVALE AVENUE PLEDGE OF ALLEGIANCE ROLL CALL REPORT OF CITY CLERK ON POSTING OF AGENDA (Pursuant to Gov’t. Code 54954.2, the agenda for this meeting was properly posted on June 25, 2009) COMMUNICATIONS FROM COMMISSIONS & PUBLIC Oral Communications on Non-Agendized Items Any member of the public will be allowed to address the City Council for up to three (3) minutes on matters not on this agenda. The law generally prohibits the council from discussing or taking action on such items. However, the Council may instruct staff accordingly regarding Oral Communications under Council Direction to Staff. Oral Communications - Council Direction to Staff Instruction to Staff regarding actions on current Oral Communications. Communications from Boards and Commissions Council Direction to Staff Instruction to Staff regarding actions on current Communications from Boards & Commissions. ANNOUNCEMENTS CEREMONIAL ITEMS 1. Commendation for Marcia Manzo Recommended action: Present commendation. 2. Proclamation Recognizing July as Parks and Recreation Month in Saratoga Recommended action: Acknowledge proclamation. AGENDA REGULAR MEETING SARATOGA CITY COUNCIL Wednesday, July 1, 2009 1 SPECIAL PRESENTATIONS None CONSENT CALENDAR The Consent Calendar contains routine items of business. Items in this section will be acted in one motion, unless removed by the Mayor or a Council member. Any member of the public may speak to an item on the Consent Calendar at this time, or request the Mayor remove an item from the Consent Calendar for discussion. Public Speakers are limited to three (3) minutes. 3. Special Meeting Minutes – City Council/Home Owners Association – June 17, 2009 Recommended action: Approve minutes. 4. City Council Minutes – June 17, 2009 Recommended action: Approve minutes. 5. Review of Accounts Payable Registers Recommended action: That the City Council accepts the Check Registers for Accounts Payable cycles: June 11, 2009 June 18, 2009 6. Treasurer’s Report for the Month Ended May 31, 2009 Recommended action: The City Council review and accept the Treasurer’s Report for the month ended May 31, 2009. 7. Citizen Options for Public Safety - Supplemental Law Enforcement Services Funds Grant (COPS/SLESF) Recommended action: Adopt resolution authorizing the continued use of the Citizen Options for Public Safety Program’s Supplemental Law Enforcement Services (COPS/SLESF) grant as a source of funds for additional public safety services. 8. Property Tax Levy for Debt Service Payments on the Library General Obligation Bonds Recommended action: The City Council adopt the attached resolution which sets the FY 2009/10 property tax levy rate for the Library General Obligation Bonds at $.0094 per $100 of Assessed Valuation to provide for the Library Bond’s debt service requirements over the fiscal year. 9. Approval of Security Lighting in Parker Ranch Open Space Recommended action: Approve Resolution allowing Parker Ranch Home Owner Association to install Safety Lights in Private Open Space. 2 10. Amendment to Traffic Signal Service Contract Recommended action: Approve an Amendment to the existing service contract with Republic ITS Traffic Signal for repair work in the amount of $21,528. 11. Amendment to Heritage Orchard Maintenance Service Contract Recommended action: Approve an Amendment to the existing service contract with Mathew Novakovich for irrigation repairs in Heritage Orchard in the amount of $5,898. PUBLIC HEARINGS Applicants/Appellants and their representatives have a total of ten minutes maximum for opening statements. Members of the public may comment on any item for up to three minutes. Applicant/Appellants and their representatives have a total of five minutes maximum for closing statements. Items requested for continuance are subject to Council’s approval at the Council meeting 12. Zoning Ordinance Amendment to create an expedited administrative conditional use permit process Recommended action: Staff recommends the City Council open the public hearing, accept public testimony, close the public hearing, introduce and waive the first reading of the attached Zoning Ordinance Amendment, and direct staff to schedule this item for adoption on the consent calendar at the next regularly scheduled City Council meeting. OLD BUSINESS None NEW BUSINESS 13. City Council and Commissions’ Electronic Communications Policy Recommended action: Discuss the draft City Council and Commissions’ Electronic Communications Policy and provide direction to staff. 14. Designation of Voting Delegate for League of California Cities Annual Conference 2009 Recommended action: Designate a voting delegate and alternate for the League’s Annual Conference. ADHOC & AGENCY ASSIGNMENT REPORTS Mayor Chuck Page Hakone Foundation Executive Committee Peninsula Division, League of California Cities SSC Cities Association Board SCC Cities Association Selection Committee Valley Transportation Authority PAC West Valley Sanitation District West Valley Mayors and Managers Association 3 Council Finance Committee City School Ad-Hoc Vice Mayor Kathleen King Hakone Foundation Board West Valley Flood Control Zone & Watershed Advisory Committee SSC Cities Association Executive Board SCC Cities Association – Joint Economic Development Policy Committee (JEDPC) City School Ad-Hoc Councilmember Jill Hunter Historical Foundation Library Joint Powers Association Santa Clara County Valley Water District Commission Village AdHoc Councilmember Howard Miller Chamber of Commerce KSAR Santa Clara County Emergency Council West Valley Solid Waste Joint Powers Association Council Finance Standing Committee Councilmember Susie Nagpal ABAG Comprehensive County Expressway Planning Study Policy Advisory Board (PAB) County HCD Policy Committee SASCC Sister City Liaison Village AdHoc CITY COUNCIL ITEMS CITY MANAGER’S REPORT ADJOURNMENT 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 are available at the office of the Community Development Department Director at 13777 Fruitvale Avenue, Saratoga, CA 95070. Note that copies of materials distributed to the City Council concurrently with the posting of the agenda are also available on the City Website at www.saratoga.ca.us. Any materials distributed by staff after the posting of the agenda are made available for public review at the office of the City Clerk at the time they are distributed to the City Council. In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting, please contact the City Clerk at (408) 868-1269. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II) 4 Certificate of Posting of Agenda: I, Ann Sullivan, City Clerk for the City of Saratoga, declare that the foregoing agenda for the meeting of the City Council for the City of Saratoga was posted on June 25, 2009, for the City of Saratoga, 13777 Fruitvale Ave., Saratoga, CA 95070 and was available for public review at that location. The agenda is also available on the City’s website at www.saratoga.ca.us Signed this 25th day of June 2009 at Saratoga, California. Ann Sullivan, CMC City Clerk NOTE: To view current or previous City Council meetings anytime, go to the City Video Archives at www.saratoga.ca.us 5 7/15 Regular Meeting – Joint Meeting with SASCC 8/5 SUMMER RECESS – NO COUNCIL MEETING 8/19 SUMMER RECESS – NO COUNCIL MEETING 9/2 Regular Meeting – Joint Meeting with Parks and Recreation Commission 9/8 Joint Meeting – Saratoga/Monte Sereno Community Foundation 9/16 Regular Meeting – Joint Meeting with West Valley Board of Trustees 10/7 Regular Meeting – Joint Meeting with Traffic Safety Commission 10/21 Regular Meeting – Joint Meeting with Historical Foundation & Heritage Preservation Commission 11/4 Regular Meeting – Saratoga Ministerial Association 11/18 Regular Meeting – Joint Meeting with Hakone Foundation 12/1 Council Reorganization 12/2 Regular Meeting - 12/16 Regular Meeting - CITY OF SARATOGA CITY COUNCIL MEETING CALENDAR 2009 6 SARATOGA CITY COUNCIL MEETING DATE: July 1, 2009 AGENDA ITEM: ORIGINATING DEPT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Ann Sullivan, City Clerk DEPT HEAD: Dave Anderson SUBJECT: Commendation Honoring Marcia Manzo RECOMMENDED ACTION: Present commendation. REPORT SUMMARY: The attached commendation honors Marcia Manzo, for her many years of volunteer service and dedication serving the Community of Saratoga. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: None ADVERTISING, NOTICING AND PUBLIC CONTACT: Posting of the agenda. ATTACHMENTS: Copy of the commendation. 7 COMMENDATION OF THE CITY COUNCIL OF THE CITY OF SARATOGA HONORING Marcia Manzo WHEREAS, Marcia Manzo has always had a passion for libraries; and WHEREAS, when Marcia and her husband, Peter, and their children settled in the Bay Area, they were drawn to the Saratoga community because of the well-known Saratoga Library; and WHEREAS, Marcia immediately became involved in the Saratoga Library; giving many hours of her time serving as the Volunteer Coordinator, enlisting, training and overseeing those volunteers; and WHEREAS, she then joined the Saratoga Library Commission, where she served for 11 years; five of those years as Chair of the Library Commission; and WHEREAS, during that time Marcia realized that the current library was not large enough to serve the many patrons from Saratoga and Monte Sereno; and WHEREAS, Marcia subsequently co-chaired the effort to pass Measure N; the bond measure that funded the library expansion project; and WHEREAS, she proudly led the effort to expand the Saratoga Library by heading the Library Expansion Committee; and WHEREAS, she served on the board of the Friends of the Saratoga Libraries for five years; two years as President; and WHEREAS, she co-chaired the campaigns for Measure A and B to supplement the budget of the Saratoga Library. NOW, THEREFORE, BE IT RESOLVED; that the City Council of the City of Saratoga does hereby recognize and commends Marcia Manzo for her many years of volunteer service and for her dedication to the library and the citizens of this community. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 1st day of July 2009. _________________________ Chuck Page, Mayor City of Saratoga 8 Page 1 of 2 SARATOGA CITY COUNCIL MEETING DATE: July 1, 2009 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Crystal Morrow DIRECTOR: Barbara Powell Administrative Analyst II Assistant City Manager SUBJECT: Proclamation Recognizing July as Parks and Recreation Month in Saratoga RECOMMENDED ACTION: Acknowledge proclamation. BACKGROUND: For the past ten years, the National Recreation and Park Association and cities throughout the United States have been celebrating parks and recreation by declaring July as parks and recreation month. This special proclamation is intended to educate residents about the positive impact of parks and recreational programs, which help to bring the community together and keep residents healthy and happy. Parks and Recreation Commission Chair Denise Goldberg will be accepting the proclamation on behalf of the Parks and Recreation Commission. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: N/A ALTERNATIVE ACTION(S): N/A FOLLOW UP ACTION(S): Implement Council direction. 9 Page 2 of 2 ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: Attachment A: Parks and Recreation Month Proclamation 10 CITY OF SARATOGA PROCLAMATION DECLARING AND SUPPORTING JULY AS PARKS AND RECREATION MONTH IN THE CITY OF SARATOGA WHEREAS, Saratoga’s public parks and recreation programs are dedicated to enhancing the quality of life for the City’s residents; and WHEREAS, parks and recreation activities offer opportunities for people of all ages to come together and experience a sense of community; and WHEREAS, Saratoga’s Recreation and Facilities Department is committed to providing high quality services and programs that meet the needs and interests of the City’s residents; and WHEREAS, there are twelve beautiful parks in the City of Saratoga that range from small neighborhood parks to well-known regional parks that offer citizens the chance to explore, rest, play, and socialize; and WHEREAS, Saratoga is committed to keeping the City’s parks clean, safe, and beautiful for all residents to enjoy; and WHEREAS, the City also maintains a network of trails that serve as a tremendous recreational resource to the citizens of Saratoga; and WHEREAS, the superb recreational programs, parks, and trails in the City help make Saratoga a wonderful place to live and play; NOW, THEREFORE, I, Chuck Page, Mayor of the City of Saratoga, do hereby proclaim July as Parks and Recreation Month in the City of Saratoga, and urge all citizens to celebrate Parks and Recreation Month, and BE IT FURTHER RESOLVED that I urge all citizens to enjoy their community by participating in a recreational program or spending time in one of Saratoga’s beautiful parks. _________________________ Chuck Page, Mayor City of Saratoga 11 SARATOGA CITY COUNCIL MEETING DATE: July 1, 2009 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Ann Sullivan, City Clerk DIRECTOR: Dave Anderson SUBJECT: Special Meeting Minutes – City Council/Home Owners Association – June 17, 2009 RECOMMENDED ACTION: Approve minutes. REPORT SUMMARY: Approve minutes as submitted for Special Meeting on June 17, 2009. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Retain minutes for legislative history. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A – Minutes from Special Meeting on June 17, 2009. 12 1 Minutes Saratoga City Council/Home Owners Association Special Meeting June 17, 2009 Mayor Page called the Special City Council meeting to order at 7:00 p.m. ROLL CALL PRESENT: Councilmembers Susie Nagpal, Howard Miller, Jill Hunter, Vice Mayor Kathleen King, Mayor Chuck Page ABSENT: None ALSO Dave Anderson, City Manager PRESENT: Ann Sullivan, City Clerk Barbara Powell, Assistant City Manager Mary Furey, Administrative Services Director John Cherbone, Public Works Director John Livingstone, Community Development Director Chris Riordan, Senior Planner Crystal Morrow, Administrative Analyst REPORT OF CITY CLERK ON POSTING OF AGENDA Ann Sullivan, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of June 17, 2009, was properly posted on June 11, 2009. ORAL COMMUNICATIONS No one requested to speak at this time. City Council held a Joint Meeting with members of the Home Owners Association (HOA) in the Senior Center Multi-purpose Room from 5:30 to 6:55PM. There were representatives from the Vineyards of Saratoga HOA, Parker Ranch HOA, Saratoga Hills Road HOA, Saratoga Parkside Homeowners Association, San Marcos Road HOA, Saratoga Oaks HOA, West Valley HOA, Saratoga Woods Neighborhood HOA, Madronia Historic Area Neighborhood HOA, Greenbriar HOA, El Quito Neighborhood HOA, Village Green HOA, and Planning Commissioner Linda Rodgers. Public Works Director John Cherbone provide a short presentation on the Landscape and Lighting Districts and invited Home Owner Associations that were not members of the Landscape and Lighting Districts to join if they were interested in having the City maintain their landscape and lighting areas; Administrative/Finance Department Director Mary Furey provided a short presentation on the various funding sources for the City’s operations; and Lieutenant Skip 13 2 Shervington, Santa Clara County Sheriff’s Office, provided information on how residents could protect their property and encouraged residents to be more communicative with their neighbors in order to be aware of what is happening in their respective neighborhoods. He also encouraged people to report any unusual or suspicious activity in the neighborhoods to the Sheriff’s Office. Issues raised by the members of the Home Owners Association included: Ø Sheriff’s Office should provide more feedback to community regarding crime and arrests made in the community. Staff Response: Residents can visit www.crimereports.com for weekly notifications on crime activity and arrests in their neighborhoods. Ø Sandwich signs are becoming problematic. Staff Response: Code Compliance follows up with all complaints and a new Sign Ordinance is scheduled for discussion and update by the Planning Commission. Ø Where can people list upcoming events or find out what is happening in the Village? Staff Response: Artsopolis is a good resource, HOA list serve, and City’s website. Administrative Analyst Crystal Morrow would follow up by sending a web link to Artsopolis on the City website to everyone that listed an email address on the sign-in sheet that evening. In addition, Councilmember Hunter informed the group that the Saratoga Village Development Council (SVDC) has a website located at www.saratogavillage.info . Ø What is being done to increase business in the Village? Mayor’s Response: Council conducted the Buxton Report, expedited the CUP process, created parking moratorium, CH2 District Business area, David Rossi’s development plans for the Village Square Center, and scheduled streetscape improvements in the Village. Vice Mayor King suggested each Council member work with neighborhoods that aren’t currently participating in the Landscape and Lighting District program to create new zones for these neighborhoods. Mayor Page thanked everyone for meeting with the Council and adjourned the Special Meeting at 6:58PM. Council proceeded to the Council Chambers for the Regular Meeting. Respectfully submitted, Ann Sullivan, CMC City Clerk 14 SARATOGA CITY COUNCIL MEETING DATE: July 1, 2009 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Ann Sullivan, City Clerk DIRECTOR: Dave Anderson SUBJECT: City Council Minutes – June 17, 2009 RECOMMENDED ACTION: Approve minutes. REPORT SUMMARY: Approve minutes as submitted for June 17, 2009 City Council meeting. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Retain minutes for legislative history. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A – Minutes from June 17, 2009 City Council meeting. 15 MINUTES SARATOGA CITY COUNCIL JUNE 17, 2009 Mayor Page called the Regular City Council meeting to order at 7:00 p.m. and led the Pledge of Allegiance. ROLL CALL PRESENT: Councilmembers Susie Nagpal, Howard Miller, Jill Hunter, Vice Mayor Kathleen King, Mayor Chuck Page ABSENT: None ALSO Dave Anderson, City Manager PRESENT: Richard Taylor, City Attorney Ann Sullivan, City Clerk Barbara Powell, Assistant City Manager Mary Furey, Administrative Services Director John Cherbone, Public Works Director John Livingstone, Community Development Director REPORT OF CITY CLERK ON POSTING OF AGENDA Ann Sullivan, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of June 17, 2009, was properly posted on June 11, 2009. ORAL COMMUNICATIONS Citizen Ray addressed the Council regarding his concerns about the air pollution caused by the Lehigh Southwest Cement Plant in Cupertino. DIRECTION TO STAFF Councilmember Hunter thanked Citizen Ray for bringing this to Council’s attention. Mayor Page noted he has been in contact with the cement plant community relations staff regarding the environmental concerns. He added that they are working with the County Air Quality Board regarding their permit, which expires in March 2010. COMMUNICATIONS FROM BOARDS AND COMMISSIONS Mayor Page noted Council and staff met with various representatives from the Home Owners Association in a Joint Meeting at 5:30PM. 16 2 DIRECTION TO STAFF None ANNOUNCEMENTS Councilmember Hunter invited everyone to celebrate Father’s Day in the Village on June 20th and 21st where a special event called “Sidewalk Affaire” would be featuring antique cars, bands, and the unveiling of the City’s commemorative plaques. Vice Mayor King noted the grand re-opening of Kevin Moran Park on July 17 at 4:00PM. Mayor Page noted the kindergarten students from Argonaut School participated in a community service project this year and that he recently had the opportunity to meet them, answer their questions, and he thanked them for their interest in the community. In addition, Mayor Page stated he was invited to participate in the annual “Mayor’s Cup Challenge” Soap Box Derby in Mountain View recently and received a trophy for winning all the races he participated in. He added the trophy will be on display at City Hall until next year’s annual event. CEREMONIAL ITEMS None SPECIAL PRESENTATIONS None CONSENT CALENDAR 1. CITY COUNCIL MINUTES – JUNE 3, 2009 STAFF RECOMMENDATION: Approve minutes. Mayor Page removed this item for a minor correction. KING/NAGPAL MOVED TO APPROVE CITY COUNCIL MINUTES – JUNE 3, 2009. MOTION PASSED 5-0-0. 2. CIP STUDY SESSION MINUTES – JUNE 2, 2009 STAFF RECOMMENDATION: Approve minutes. HUNTER/MILLER MOVED TO APPROVE CIP STUDY SESSION MINUTES – JUNE 2, 2009. MOTION PASSED 5-0-0. 3. SARATOGA VILLAGE REDEVELOPMENT STUDY SESSION MINUTES – MAY 28, 2009 17 3 STAFF RECOMMENDATION: Approve minutes. Mayor Page and Vice Mayor King removed this item for a minor correction. KING/NAGPAL MOVED TO APPROVE SARATOGA VILLAGE REDEVELOPMENT STUDY SESSION MINUTES – MAY 28, 2009. MOTION PASSED 5-0-0. 4. CITY COUNCIL MINUTES – MAY 20, 2009 STAFF RECOMMENDATION: Approve minutes. HUNTER/MILLER MOVED TO APPROVE CITY COUNCIL MINUTES – MAY 20, 2009. MOTION PASSED 5-0-0. 5. BUDGET STUDY SESSION MINUTES – MAY 11, 2009 STAFF RECOMMENDATION: Approve minutes. Mayor Page removed this item for a minor correction. KING/NAGPAL MOVED TO APPROVE BUDGET STUDY SESSION MINUTES – MAY 11, 2009. MOTION PASSED 5-0-0. 6. CUP STUDY SESSION MINUTES – MAY 5, 2009 STAFF RECOMMENDATION: Approve minutes. HUNTER/MILLER MOVED TO APPROVE CUP STUDY SESSION MINUTES– MAY 5, 2009. MOTION PASSED 5-0-0. 7. CITY COUNCIL MINUTES – OCTOBER 18, 2006 STAFF RECOMMENDATION: Approve minutes. Mayor Page removed this item for a minor correction. KING/NAGPAL MOVED TO APPROVE CITY COUNCIL MINUTES – OCTOBER 18, 2006. MOTION PASSED 5-0-0. 8. REVIEW OF ACCOUNTS PAYABLE REGISTERS STAFF RECOMMENDATION: That the City Council accepts the Check Registers for Accounts Payable cycles: May 28, 2009 18 4 June 04, 2009 HUNTER/MILLER MOVED TO ACCEPT THE CHECK REGISTERS FOR ACCOUNTS PAYABLE CYCLES: MAY 28, 2009 AND JUNE 04, 2009. MOTION PASSED 5-0-0. 9. RESOLUTION AUTHORIZING MAYOR TO APPOINT REPRESENTATIVES TO OUTSIDE AGENCIES/COMMITTEES REPRESENTING THE CITY OF SARATOGA STAFF RECOMMENDATION: Adopt Resolution authorizing Mayor or Mayor's designee to appoint representatives to four (4) Outside Agencies/Committees representing the City of Saratoga RESOLUTION NO. 09-036 HUNTER/MILLER MOVED TO ADOPT RESOLUTION AUTHORIZING MAYOR OR MAYOR’S DESIGNEE TO APPOINT REPRESENTATIVES TO FOUR (4) OUTSIDE AGENCIES/COMMITTEES REPRESENTING THE CITY OF SARATOGA. MOTION PASSED 5-0-0. 10. AGREEMENT FOR PROFESSIONAL CITY SURVEYOR SERVICES STAFF RECOMMENDATION: Move to authorize the City Manager to execute an Independent Contractor Agreement between the City of Saratoga and Giuliani and Kull, Inc. for professional City Surveyor services. HUNTER/MILLER MOVED TO AUTHORIZE THE CITY MANAGER TO EXECUTE AN INDEPENDENT CONTRACTOR AGREEMENT BETWEEN THE CITY OF SARATOGA AND GIULIANI AND KULL, INC. FOR PROFESSIONAL CITY SURVEYOR SERVICES. MOTION PASSED 5-0-0. 11. CONTRACT RENEWAL FOR GEOTECHNICAL CONSULTING SERVICES STAFF RECOMMENDATION: Approve a two-year contract renewal with Cotton, Shires, and Associates, Inc. for Geotechnical Engineering Services and authorize City Manager to execute the same. HUNTER/MILLER MOVED TO APPROVE A TWO-YEAR CONTRACT RENEWAL WITH COTTON, SHIRES, AND ASSOCIATES, INC. FOR GEOTECHNICAL ENGINEERING SERVICES AND AUTHORIZE CITY MANAGER TO EXECUTE THE SAME. MOTION PASSED 5-0-0. 12. CONTRACT RENEWAL FOR MUNICIPAL TRAFFIC ENGINEERING STAFF RECOMMENDATION: Approve a two-year contract renewal with Fehr & Peers Associates, Inc. for on-call Traffic Engineering Services and authorize City Manager to execute the same. 19 5 HUNTER/MILLER MOVED TO APPROVE A TWO-YEAR CONTRACT RENEWAL WITH FEHR & PEERS ASSOCIATES, INC. FOR ON-CALL TRAFFIC ENGINEERING SERVICES AND AUTHORIZE CITY MANAGER TO EXECUTE THE SAME. MOTION PASSED 5-0-0. PUBLIC HEARINGS None OLD BUSINESS 13. AWARD OF CONSTRUCTION CONTRACT FOR THE SARATOGA LIBRARY HVAC RENOVATION STAFF RECOMMENDATION: 1. Move to declare CIM AIR, Inc. to be the lowest responsible bidder on the Saratoga Library HVAC Renovation Project. 2. Move to award a construction contract for Saratoga Library HVAC Renovation Project to CIM AIR, Inc. in the amount of $194,650 and authorize the City Manager to execute the same. Authorize staff to execute change orders to the construction contract in the amount of $40,000. Public Works Director John Cherbone presented the staff report. Mayor Page invited public comment. No one requested to speak on this item. MILLER/KING MOVED TO 1) DECLARE CIM AIR, INC. TO BE THE LOWEST RESPONSIBLE BIDDER ON THE SARATOGA LIBRARY HVAC RENOVATION PROJECT; 2) AWARD A CONSTRUCTION CONTRACT FOR SARATOGA LIBRARY HVAC RENOVATION PROJECT TO CIM AIR, INC. IN THE AMOUNT OF $194,650 AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE SAME; AUTHORIZE STAFF TO EXECUTE CHANGE ORDERS TO THE CONSTRUCTION CONTRACT IN THE AMOUNT OF $40,000. MOTION PASSED 5-0-0. 14. PUBLIC RECORDS ACT HANDBOOK STAFF RECOMMENDATION: Review and accept the City of Saratoga Public Records Act Handbook. City Attorney Richard Taylor presented the staff report. City Attorney Taylor noted staff will conduct two different training programs; the first training will be for the department liaisons who are responsible for coordinating requested material from their respective departments to go through the handbook in detail; and the second training will involve a series of meetings in the fall with all employees from each department to help them better understand the need for 20 6 organizing department files, emails and other documents to make them easily accessible for responses to public records requests. Mayor Page invited public comment. No one requested to speak on this item. NAGPAL/HUNTER MOVED TO ACCEPT THE CITY OF SARATOGA PUBLIC RECORDS ACT HANDBOOK. MOTION PASSED 5-0-0. NEW BUSINESS 15. AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 (ARRA) TIER 2 FUNDING - SARATOGA AVENUE AND FRUITVALE AVENUE OVERLAY AND REHABILITATION PROJECT STAFF RECOMMENDATION: Adopt resolution supporting the American Recovery and Reinvestment Act of 2009 (ARRA) for Tier 2 Funding for the Saratoga Avenue and Fruitvale Avenue Overlay and Rehabilitation Project. Public Works Director John Cherbone presented the staff report. Director Cherbone noted the City of Saratoga may be the first city in Santa Clara County to use funding from the American Recovery and Reinvestment Act of 2009. Mayor Page invited public comment. No one requested to speak on this item. RESOLUTION NO. 09-037 MILLER/NAGPAL MOVED TO ADOPT RESOLUTION SUPPORTING THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 (ARRA) FOR TIE 2 FUNDING FOR THE SARATOGA AVENUE AND FRUITVALE AVENUE OVERLAY AND REHABILITATION PROJECT. MOTION PASSED 5-0-0. ADHOC & AGENCY ASSIGNMENT REPORTS Mayor Chuck Page – reported: West Valley Sanitation District – attended the last meeting. Vice Mayor Kathleen King – reported: SSC Cities Association Executive Board – attended the last meeting and heard a presentation on gangs and how the cities of Mountain View and Sunnyvale, along with other organizations such as law enforcement, are working together to focus on youth and parents; a presentation on 211 and Saratoga was recognized for being the first city to build the cost into their budget; a presentation on the next step of the environmental code 21 7 planning; and other cities are looking at our road impact fee to see if they can implement it as well. She also noted some cities are accepting a 10% pay cut in lieu of decreasing staff. City School Ad-Hoc – met today with representatives from Prospect High School. Councilmember Jill Hunter – reported: Historical Foundation – attended their last meeting and they announced Bob Himel as the new president, Annette Stranskey as the new Vice President, and Jane Asher the new Treasurer. Library Joint Powers Association – attended the last meeting and noted they passed their budget and they expressed concerns about Prop 1A and the possibility of losing funding. Councilmember Howard Miller – reported: Chamber of Commerce – attend the last meeting and they are contemplating options for their upcoming relocation; Emily Lo is the new president and Tom Collins is president- elect; the annual Business Person of the Year and Citizen of the Year award is scheduled on Friday, June 19th at the Joan Pisani Community Center. KSAR – has started their internship program with 10 high school students signed up and ready to do video projects for events in the community. Councilmember Susie Nagpal – had nothing to report. CITY COUNCIL ITEMS Vice Mayor King stated she would like to agendize a Park Bond for discussion to see if Saratoga residents have an interest in passing a park bond. Councilmember Nagpal seconded her request. Mayor Page asked staff to look at the next phase of Environmental/Green Building, which is making the criteria mandatory; staff should define small projects versus large projects and look at newer technologies that are available. CITY MANAGER’S REPORT None ADJOURNMENT There being no further business, Mayor Page asked for a motion to adjourn. KING/HUNTER MOVED TO ADJOURN THE REGULAR MEETING AT 7:50PM . MOTION PASSED 5-0-0. Respectfully submitted, Ann Sullivan, CMC City Clerk 22 8 23 Dave Anderson Melanie Whittaker Mary Furey SUBJECT: Review of Accounts Payable Check Registers RECOMMENDED ACTION: That the City Council review and accept the Check Registers for the following Accounts Payable payment cycles: REPORT SUMMARY: Attached are the Check Registers for: Date Ending Check No. 06/11/09 112406 112461 55 106,668.76 06/11/09 #######112405 06/18/09 112462 112531 69 507,075.98 06/11/09 #######112461 AP Date Check No. Issued to Dept.Amount 06/11/09 (None) 06/18/09 112487 Public Works 24,998.00 06/18/09 112489 Public Works 86,904.47 06/18/09 112504 Public Safety 330,022.46 The following are Accounts Payable checks that were voided or manually issued: AP Date Check No.Amount 06/11/09 06/18/09 Starting Check No. Ending Check No.Total Checks MEETING DATE:July 1, 2009 AGENDA ITEM: CITY MANAGER: June 18, 2009 Type of Checks Date SARATOGA CITY COUNCIL DEPARTMENT:Finance & Administrative Services Accounts Payable Accounts Payable The following is a list of Accounts Payable checks issued for more than $20,000 and a brief description of the PREPARED BY:DEPT. DIRECTOR: June 11, 2009 Guerra ConstructionStreet Improvements Fund Furlo & Furlo Streets Improvements Annual concrete repair Amount Checks Released Prior Check Register Purpose Storm drain repair Monthly law enforcement service (None) Issued to Description Santa Clara County - Office of the SheriffGeneral (None) 24 The following is a list of cash reduction by fund: Fund #AP 06/11 AP 06/18 Total 111 General 54,541.97 375,694.71 430,236.68 231 Village Lighting 932.09 932.09 241 Arroyo de Saratoga Landscape 85.00 197.93 282.93 242 Bonnet Way Landscape 127.00 188.39 315.39 243 Carnelian Glen 135.00 135.00 244 Cunningham/Glasgow Landscape 145.00 143.40 288.40 245 Fredericksburg Landscape 132.00 30.92 162.92 246 Greenbriar Landscape 399.00 170.55 569.55 247 Kerwin Ranch Landscape 340.00 340.00 248 Leutar Court Landscape 85.00 51.41 136.41 249 Manor Drive Landscape 160.00 160.00 251 McCartysville Landscape 215.00 284.87 499.87 252 Prides Crossing Landscape 487.96 231.08 719.04 253 Saratoga Legends Landscape 363.00 363.00 254 Sunland Park Landscape 340.00 340.00 255 Tricia Woods Landscape 37.00 41.63 78.63 271 Beauchamps Landscape 85.00 85.00 272 Bellgrove Landscape 1,985.00 4,315.02 6,300.02 273 Gateway Landscape 419.77 556.54 976.31 274 Horseshoe Landscape/Lighting 320.00 320.00 276 Tollgate LLD 90.00 90.00 277 Village Commercial Landscape 189.84 189.84 311 Library Bond Debt Service - 411 CIP Street Projects 5,609.53 114,669.41 120,278.94 412 CIP Parks Projects 642.92 (284.93) 357.99 413 CIP Facility Projects 6,328.51 235.49 6,564.00 414 CIP Admin Projects 9,358.00 9,358.00 431 Grant Fund - CIP Streets 1,100.00 1,100.00 612 Workers' Comp 957.89 10.38 968.27 621 Office Stores Fund 5,023.05 590.70 5,613.75 622 Information Technology 3,864.10 1,272.50 5,136.60 623 Vehicle & Equipment Maint 2,250.74 3,421.89 5,672.63 624 Building Maintenance 11,019.39 1,417.90 12,437.29 632 2,736.19 2,736.19 106,668.76 507,075.98 613,744.74 ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Check Registers in the 'A/P Checks By Period and Year' report format IT Equipment Replacement TOTAL Fund Description 25 SU N G A R D P U B L I C S E C T O R P A G E N U M B E R : 1 DA T E : 0 6 / 2 4 / 2 0 0 9 C I T Y O F S A R A T O G A A C C T P A 2 1 TI M E : 2 0 : 0 3 : 4 6 C H E C K R E G I S T E R - D I S B U R S E M E N T F U N D SE L E C T I O N C R I T E R I A : t r a n s a c t . c k _ d a t e = ’ 2 0 0 9 0 6 1 1 0 0 : 0 0 : 0 0 . 0 0 0 ’ AC C O U N T I N G P E R I O D : 1 2 / 0 9 F U N D - 0 0 9 - D I S B U R S E M E N T F U N D CA S H A C C T C H E C K N O I S S U E D T - - - - - - - - - - - - - - V E N D O R - - - - - - - - - - - - - B U D G E T U N I T - - - - - D E S C R I P T I O N - - - - - - S A L E S T A X A M O U N T 11 1 1 1 1 1 2 4 0 6 0 6 / 1 1 / 0 9 3 A & M M O T O R S U P P L Y 6 2 3 5 2 0 2 S U P P L I E S - A U T O 0 . 0 0 1 6 . 7 4 11 1 1 1 1 1 2 4 0 7 0 6 / 1 1 / 0 9 5 0 0 A D K A R , B H A R A T I 1 1 1 A R B O R I S T D E P R E F U N D 0 . 0 0 2 , 0 8 0 . 0 0 11 1 1 1 1 1 2 4 0 8 0 6 / 1 1 / 0 9 7 2 A D V A N T A G E J A N I T O R I A L S U P 6 2 4 6 2 0 2 S U P P L I E S - J A N I T O R I A L 0 . 0 0 9 2 4 . 4 8 11 1 1 1 1 1 2 4 0 8 0 6 / 1 1 / 0 9 7 2 A D V A N T A G E J A N I T O R I A L S U P 6 2 4 6 2 0 2 S U P P L I E S - J A N I T O R I A L 0 . 0 0 2 4 5 . 5 4 11 1 1 1 1 1 2 4 0 8 0 6 / 1 1 / 0 9 7 2 A D V A N T A G E J A N I T O R I A L S U P 6 2 4 6 2 0 2 S U P P L I E S - J A N I T O R I A L 0 . 0 0 7 7 . 5 7 11 1 1 1 1 1 2 4 0 8 0 6 / 1 1 / 0 9 7 2 A D V A N T A G E J A N I T O R I A L S U P 6 2 4 6 2 0 2 S U P P L I E S - J A N I T O R I A L 0 . 0 0 2 4 7 . 0 7 11 1 1 1 1 1 2 4 0 8 0 6 / 1 1 / 0 9 7 2 A D V A N T A G E J A N I T O R I A L S U P 6 2 4 6 2 0 2 S U P P L I E S - J A N I T O R I A L 0 . 0 0 2 1 6 . 1 3 11 1 1 1 1 1 2 4 0 8 0 6 / 1 1 / 0 9 7 2 A D V A N T A G E J A N I T O R I A L S U P 6 2 4 6 2 0 2 C R E D I T - S U P P L I E S 0 . 0 0 - 3 1 . 3 5 11 1 1 1 1 1 2 4 0 8 0 6 / 1 1 / 0 9 7 2 A D V A N T A G E J A N I T O R I A L S U P 1 1 1 5 3 0 1 S U P P L I E S - P A R K S 0 . 0 0 5 2 . 1 1 TO T A L C H E C K 0 . 0 0 1 , 7 3 1 . 5 5 11 1 1 1 1 1 2 4 0 9 0 6 / 1 1 / 0 9 5 2 1 A L L I E D L O C K & S A F E I N C 6 2 4 6 2 0 2 S U P P L I E S - F A C I L I T I E S 0 . 0 0 1 7 . 8 6 11 1 1 1 1 1 2 4 1 0 0 6 / 1 1 / 0 9 5 0 0 B A Y A R E A C E L L U L A R C O 1 1 1 P R O J E C T D E P R E F U N D 0 . 0 0 2 0 7 . 3 8 11 1 1 1 1 1 2 4 1 1 0 6 / 1 1 / 0 9 1 2 5 C A R N E K I E , D I A N E 1 1 1 R E T I R E E M E D Q 4 0 9 0 . 0 0 2 0 0 . 0 0 11 1 1 1 1 1 2 4 1 2 0 6 / 1 1 / 0 9 1 7 6 C I E N G A L A N D S C A P I N G 1 1 1 5 3 0 1 M T H L Y L N D S C P 0 5 / 0 9 0 . 0 0 1 7 8 . 0 0 11 1 1 1 1 1 2 4 1 2 0 6 / 1 1 / 0 9 1 7 6 C I E N G A L A N D S C A P I N G 1 1 1 5 3 0 1 M T H L Y L N D S C P 0 5 / 0 9 0 . 0 0 2 0 0 . 0 0 11 1 1 1 1 1 2 4 1 2 0 6 / 1 1 / 0 9 1 7 6 C I E N G A L A N D S C A P I N G 1 1 1 5 3 0 1 M T H L Y L N D S C P 0 5 / 0 9 0 . 0 0 2 3 0 . 0 0 11 1 1 1 1 1 2 4 1 2 0 6 / 1 1 / 0 9 1 7 6 C I E N G A L A N D S C A P I N G 1 1 1 5 3 0 1 M T H L Y L N D S C P 0 5 / 0 9 0 . 0 0 2 0 0 . 0 0 11 1 1 1 1 1 2 4 1 2 0 6 / 1 1 / 0 9 1 7 6 C I E N G A L A N D S C A P I N G 1 1 1 5 3 0 1 M T H L Y L N D S P 0 5 / 0 9 0 . 0 0 6 0 0 . 0 0 11 1 1 1 1 1 2 4 1 2 0 6 / 1 1 / 0 9 1 7 6 C I E N G A L A N D S C A P I N G 1 1 1 5 3 0 1 M T H L Y L N D S C P 0 5 / 0 9 0 . 0 0 2 2 0 . 0 0 11 1 1 1 1 1 2 4 1 2 0 6 / 1 1 / 0 9 1 7 6 C I E N G A L A N D S C A P I N G 2 7 4 5 3 0 2 M T H L Y L N D S C P 0 5 / 0 9 0 . 0 0 3 2 0 . 0 0 11 1 1 1 1 1 2 4 1 2 0 6 / 1 1 / 0 9 1 7 6 C I E N G A L A N D S C A P I N G 2 4 3 5 3 0 2 M T H L Y L N D S C P 0 5 / 0 9 0 . 0 0 1 3 5 . 0 0 TO T A L C H E C K 0 . 0 0 2 , 0 8 3 . 0 0 11 1 1 1 1 1 2 4 1 3 0 6 / 1 1 / 0 9 1 7 9 C I M A I R , I N C 6 2 4 6 2 0 2 H V A C P M S E R V I C E 0 . 0 0 1 , 2 0 0 . 0 0 11 1 1 1 1 1 2 4 1 4 0 6 / 1 1 / 0 9 6 5 4 C I V I C A S O F T W A R E 4 1 4 9 4 1 3 - 0 0 1 C I T Y W E B S I T E R E D E S I G N 0 . 0 0 9 , 3 5 8 . 0 0 11 1 1 1 1 1 2 4 1 5 0 6 / 1 1 / 0 9 5 4 3 A R B O R T E K T R E E S E R V I C E 1 1 1 5 3 0 1 L N D S C P M A I N T 0 5 / 0 9 0 . 0 0 4 3 2 . 0 0 11 1 1 1 1 1 2 4 1 5 0 6 / 1 1 / 0 9 5 4 3 A R B O R T E K T R E E S E R V I C E 1 1 1 5 3 0 1 L N D S C P M A I N T 0 5 / 0 9 0 . 0 0 1 6 2 . 0 0 TO T A L C H E C K 0 . 0 0 5 9 4 . 0 0 11 1 1 1 1 1 2 4 1 6 0 6 / 1 1 / 0 9 7 1 5 C O R I X W A T E R P R O D U C T S I N C 1 1 1 5 2 0 1 P I P E S - S T R E E T S 0 . 0 0 1 , 0 8 9 . 2 2 11 1 1 1 1 1 2 4 1 7 0 6 / 1 1 / 0 9 2 5 0 C O T T O N S H I R E S A N D A S S O C I 1 1 1 G E O 0 9 - 0 0 0 6 0 . 0 0 9 4 2 . 2 0 11 1 1 1 1 1 2 4 1 7 0 6 / 1 1 / 0 9 2 5 0 C O T T O N S H I R E S A N D A S S O C I 1 1 1 G E O 0 8 - 0 0 1 7 0 . 0 0 2 , 4 3 3 . 7 5 11 1 1 1 1 1 2 4 1 7 0 6 / 1 1 / 0 9 2 5 0 C O T T O N S H I R E S A N D A S S O C I 1 1 1 G E O 0 9 - 0 0 0 8 0 . 0 0 1 , 8 1 0 . 9 5 11 1 1 1 1 1 2 4 1 7 0 6 / 1 1 / 0 9 2 5 0 C O T T O N S H I R E S A N D A S S O C I 1 1 1 G E O 0 9 - 0 0 0 7 0 . 0 0 1 , 6 1 0 . 0 0 11 1 1 1 1 1 2 4 1 7 0 6 / 1 1 / 0 9 2 5 0 C O T T O N S H I R E S A N D A S S O C I 1 1 1 G E O 0 9 - 0 0 0 5 0 . 0 0 1 , 6 1 5 . 3 5 11 1 1 1 1 1 2 4 1 7 0 6 / 1 1 / 0 9 2 5 0 C O T T O N S H I R E S A N D A S S O C I 1 1 1 G E O 0 9 - 0 0 0 4 0 . 0 0 1 , 3 2 9 . 8 5 11 1 1 1 1 1 2 4 1 7 0 6 / 1 1 / 0 9 2 5 0 C O T T O N S H I R E S A N D A S S O C I 1 1 1 G E O 0 8 - 0 0 2 1 0 . 0 0 1 , 2 5 4 . 0 0 TO T A L C H E C K 0 . 0 0 1 0 , 9 9 6 . 1 0 11 1 1 1 1 1 2 4 1 8 0 6 / 1 1 / 0 9 5 8 9 C P O L T D 6 2 1 3 1 0 2 C O P I E R L E A S E 0 2 / 0 9 0 . 0 0 6 4 9 . 5 6 11 1 1 1 1 1 2 4 1 8 0 6 / 1 1 / 0 9 5 8 9 C P O L T D 6 2 1 3 1 0 2 C O P I E R L E A S E 0 1 / 0 9 0 . 0 0 2 9 7 . 8 9 11 1 1 1 1 1 2 4 1 8 0 6 / 1 1 / 0 9 5 8 9 C P O L T D 6 2 1 3 1 0 2 C O P I E R L E A S E 1 2 / 0 8 0 . 0 0 1 , 1 3 0 . 2 1 11 1 1 1 1 1 2 4 1 8 0 6 / 1 1 / 0 9 5 8 9 C P O L T D 6 2 1 3 1 0 2 C O P I E R L E A S E 0 4 / 0 9 0 . 0 0 8 3 0 . 9 8 26 SU N G A R D P U B L I C S E C T O R P A G E N U M B E R : 2 DA T E : 0 6 / 2 4 / 2 0 0 9 C I T Y O F S A R A T O G A A C C T P A 2 1 TI M E : 2 0 : 0 3 : 4 6 C H E C K R E G I S T E R - D I S B U R S E M E N T F U N D SE L E C T I O N C R I T E R I A : t r a n s a c t . c k _ d a t e = ’ 2 0 0 9 0 6 1 1 0 0 : 0 0 : 0 0 . 0 0 0 ’ AC C O U N T I N G P E R I O D : 1 2 / 0 9 F U N D - 0 0 9 - D I S B U R S E M E N T F U N D CA S H A C C T C H E C K N O I S S U E D T - - - - - - - - - - - - - - V E N D O R - - - - - - - - - - - - - B U D G E T U N I T - - - - - D E S C R I P T I O N - - - - - - S A L E S T A X A M O U N T 11 1 1 1 1 1 2 4 1 8 0 6 / 1 1 / 0 9 5 8 9 C P O L T D 6 2 1 3 1 0 2 C O P I E R S O F T W A R E 0 . 0 0 1 5 0 . 0 0 11 1 1 1 1 1 2 4 1 8 0 6 / 1 1 / 0 9 5 8 9 C P O L T D 6 2 1 3 1 0 2 C O P I E R L E A S E 0 3 / 0 9 0 . 0 0 5 5 1 . 4 1 TO T A L C H E C K 0 . 0 0 3 , 6 1 0 . 0 5 11 1 1 1 1 1 2 4 1 9 0 6 / 1 1 / 0 9 2 7 6 C S G C O N S U L T I N G I N C 1 1 1 P R O F S V C 0 8 - 0 0 0 1 0 . 0 0 1 7 3 . 7 5 11 1 1 1 1 1 2 4 1 9 0 6 / 1 1 / 0 9 2 7 6 C S G C O N S U L T I N G I N C 1 1 1 P R O F S V C L L A 0 8 - 0 0 0 5 0 . 0 0 7 0 5 . 0 0 11 1 1 1 1 1 2 4 1 9 0 6 / 1 1 / 0 9 2 7 6 C S G C O N S U L T I N G I N C 1 1 1 P R O F S V C L L A 0 7 - 0 0 0 1 0 . 0 0 2 1 3 . 7 5 TO T A L C H E C K 0 . 0 0 1 , 0 9 2 . 5 0 11 1 1 1 1 1 2 4 2 0 0 6 / 1 1 / 0 9 3 4 2 D A T A T I C K E T I N C 1 1 1 7 1 0 1 C I T A T I O N F E E S 0 4 / 0 9 0 . 0 0 1 0 0 . 0 0 11 1 1 1 1 1 2 4 2 1 0 6 / 1 1 / 0 9 5 6 4 D E L A G E L A N D E N P U B L I C F I 6 2 1 3 1 0 2 C O P I E R 0 5 / 2 1 - 0 6 / 2 0 / 0 9 0 . 0 0 1 , 4 1 3 . 0 0 11 1 1 1 1 1 2 4 2 2 0 6 / 1 1 / 0 9 5 7 3 S T A T E O F C A L I F O R N I A 1 1 1 5 2 0 1 G A S S V C 0 4 / 0 9 0 . 0 0 7 2 8 . 1 1 11 1 1 1 1 1 2 4 2 3 0 6 / 1 1 / 0 9 5 4 7 E B E N L K U R T Z M A N 1 1 1 4 1 0 3 L G L S V C 0 5 / 0 9 0 . 0 0 4 5 . 0 0 11 1 1 1 1 1 2 4 2 3 0 6 / 1 1 / 0 9 5 4 7 E B E N L K U R T Z M A N 1 1 1 4 1 0 3 L G L S V C 0 5 / 0 9 0 . 0 0 9 0 . 0 0 11 1 1 1 1 1 2 4 2 3 0 6 / 1 1 / 0 9 5 4 7 E B E N L K U R T Z M A N 1 1 1 4 1 0 3 L G L S V C 0 5 / 0 9 0 . 0 0 9 0 . 0 0 11 1 1 1 1 1 2 4 2 3 0 6 / 1 1 / 0 9 5 4 7 E B E N L K U R T Z M A N 1 1 1 4 1 0 3 L G L S V C 0 5 / 0 9 0 . 0 0 4 5 . 0 0 TO T A L C H E C K 0 . 0 0 2 7 0 . 0 0 11 1 1 1 1 1 2 4 2 4 0 6 / 1 1 / 0 9 4 2 1 E W I N G I R R I G A T I O N 1 1 1 5 3 0 1 S U P P L I E S - P A R K S 0 . 0 0 2 3 8 . 0 8 11 1 1 1 1 1 2 4 2 4 0 6 / 1 1 / 0 9 4 2 1 E W I N G I R R I G A T I O N 1 1 1 5 3 0 1 I R R I G A T I O N S U P P L I E S 0 . 0 0 8 8 . 9 2 11 1 1 1 1 1 2 4 2 4 0 6 / 1 1 / 0 9 4 2 1 E W I N G I R R I G A T I O N 1 1 1 5 3 0 1 S U P P L I E S - P A R K S 0 . 0 0 3 4 . 1 3 TO T A L C H E C K 0 . 0 0 3 6 1 . 1 3 11 1 1 1 1 1 2 4 2 5 0 6 / 1 1 / 0 9 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 4 6 5 3 0 2 L N D S C P - 0 5 / 0 9 0 . 0 0 1 7 9 . 0 0 11 1 1 1 1 1 2 4 2 5 0 6 / 1 1 / 0 9 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 5 3 5 3 0 2 M T H L Y L N D S C P 0 5 / 0 9 0 . 0 0 3 6 3 . 0 0 11 1 1 1 1 1 2 4 2 5 0 6 / 1 1 / 0 9 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 4 9 5 3 0 2 M A N O R D R 0 . 0 0 1 6 0 . 0 0 11 1 1 1 1 1 2 4 2 5 0 6 / 1 1 / 0 9 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 4 5 5 3 0 2 F R E D R I C K S B U R G 0 . 0 0 1 3 2 . 0 0 11 1 1 1 1 1 2 4 2 5 0 6 / 1 1 / 0 9 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 4 6 5 3 0 2 G R E E N B R I A R A Z U L E 0 . 0 0 2 2 0 . 0 0 11 1 1 1 1 1 2 4 2 5 0 6 / 1 1 / 0 9 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 5 1 5 3 0 2 M C C A R T Y S V I L L E 0 . 0 0 2 1 5 . 0 0 11 1 1 1 1 1 2 4 2 5 0 6 / 1 1 / 0 9 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 5 5 5 3 0 2 T R I C I A W O O D S 0 . 0 0 3 7 . 0 0 11 1 1 1 1 1 2 4 2 5 0 6 / 1 1 / 0 9 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 4 1 5 3 0 2 A R R O Y O D E A R G U E L L O 0 . 0 0 8 5 . 0 0 11 1 1 1 1 1 2 4 2 5 0 6 / 1 1 / 0 9 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 4 8 5 3 0 2 L E U T A R C T . 0 . 0 0 8 5 . 0 0 11 1 1 1 1 1 2 4 2 5 0 6 / 1 1 / 0 9 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 4 2 5 3 0 2 B O N N E T W A Y 0 . 0 0 1 2 7 . 0 0 11 1 1 1 1 1 2 4 2 5 0 6 / 1 1 / 0 9 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 7 1 5 3 0 2 B E A U C H A M P S 0 . 0 0 8 5 . 0 0 11 1 1 1 1 1 2 4 2 5 0 6 / 1 1 / 0 9 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 5 4 5 3 0 2 S U N L A N D P A R K 0 . 0 0 3 4 0 . 0 0 11 1 1 1 1 1 2 4 2 5 0 6 / 1 1 / 0 9 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 5 2 5 3 0 2 P R I D E S C R O S S I N G 0 . 0 0 4 5 0 . 0 0 11 1 1 1 1 1 2 4 2 5 0 6 / 1 1 / 0 9 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 7 2 5 3 0 2 B E L L G R O V E 0 . 0 0 1 , 9 8 5 . 0 0 11 1 1 1 1 1 2 4 2 5 0 6 / 1 1 / 0 9 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 4 4 5 3 0 2 C U N N I N G H A M / G L A S G O W 0 . 0 0 1 4 5 . 0 0 11 1 1 1 1 1 2 4 2 5 0 6 / 1 1 / 0 9 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 4 7 5 3 0 2 K E R W I N R A N C H 0 . 0 0 3 4 0 . 0 0 11 1 1 1 1 1 2 4 2 5 0 6 / 1 1 / 0 9 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 7 6 5 3 0 2 T O L L G A T E 0 . 0 0 9 0 . 0 0 11 1 1 1 1 1 2 4 2 5 0 6 / 1 1 / 0 9 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 1 1 1 5 3 0 1 M E D I A N S 0 . 0 0 3 , 8 8 0 . 0 0 11 1 1 1 1 1 2 4 2 5 0 6 / 1 1 / 0 9 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 1 1 1 5 3 0 1 N O R T H C A M P U S 0 . 0 0 1 , 0 4 5 . 0 0 11 1 1 1 1 1 2 4 2 5 0 6 / 1 1 / 0 9 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 7 3 5 3 0 2 G A T E W A Y L L C 0 . 0 0 2 4 5 . 0 0 TO T A L C H E C K 0 . 0 0 1 0 , 2 0 8 . 0 0 11 1 1 1 1 1 2 4 2 6 0 6 / 1 1 / 0 9 4 6 4 G R A N I C U S 1 1 1 2 2 0 1 M T H L Y S V C 0 6 / 0 9 / 0 9 0 . 0 0 1 , 6 0 0 . 0 0 11 1 1 1 1 1 2 4 2 7 0 6 / 1 1 / 0 9 1 4 H Y D R O T E C I R R I G A T I O N E Q U I 1 1 1 5 3 0 1 R E P A I R S - E L Q U I T O 0 . 0 0 3 8 6 . 5 6 27 SU N G A R D P U B L I C S E C T O R P A G E N U M B E R : 3 DA T E : 0 6 / 2 4 / 2 0 0 9 C I T Y O F S A R A T O G A A C C T P A 2 1 TI M E : 2 0 : 0 3 : 4 6 C H E C K R E G I S T E R - D I S B U R S E M E N T F U N D SE L E C T I O N C R I T E R I A : t r a n s a c t . c k _ d a t e = ’ 2 0 0 9 0 6 1 1 0 0 : 0 0 : 0 0 . 0 0 0 ’ AC C O U N T I N G P E R I O D : 1 2 / 0 9 F U N D - 0 0 9 - D I S B U R S E M E N T F U N D CA S H A C C T C H E C K N O I S S U E D T - - - - - - - - - - - - - - V E N D O R - - - - - - - - - - - - - B U D G E T U N I T - - - - - D E S C R I P T I O N - - - - - - S A L E S T A X A M O U N T 11 1 1 1 1 1 2 4 2 8 0 6 / 1 1 / 0 9 6 1 I N T E R S T A T E B A T T E R Y S Y S T E 6 2 3 5 2 0 2 B A T T E R I E S 0 . 0 0 1 5 7 . 9 4 11 1 1 1 1 1 2 4 2 9 0 6 / 1 1 / 0 9 7 7 J O E A G O N S A L V E S & S O N , I 1 1 1 1 1 0 1 L E G I S L A T I V E R E P 0 6 / 0 9 0 . 0 0 3 , 0 0 0 . 0 0 11 1 1 1 1 1 2 4 3 0 0 6 / 1 1 / 0 9 1 2 7 K E L L Y M O O R E P A I N T C O M P A N 6 2 4 6 2 0 2 S U P P L I E S - F A C I L I T I E S 0 . 0 0 1 0 . 3 5 11 1 1 1 1 1 2 4 3 0 0 6 / 1 1 / 0 9 1 2 7 K E L L Y M O O R E P A I N T C O M P A N 6 2 4 6 2 0 2 S U P P L I E S - F A C I L I T I E S 0 . 0 0 6 8 . 6 6 11 1 1 1 1 1 2 4 3 0 0 6 / 1 1 / 0 9 1 2 7 K E L L Y M O O R E P A I N T C O M P A N 6 2 4 6 2 0 2 S U P P L I E S - F A C I L I T I E S 0 . 0 0 3 8 . 6 9 11 1 1 1 1 1 2 4 3 0 0 6 / 1 1 / 0 9 1 2 7 K E L L Y M O O R E P A I N T C O M P A N 6 2 4 6 2 0 2 S U P P L I E S - F A C I L I T I E S 0 . 0 0 2 4 0 . 6 3 TO T A L C H E C K 0 . 0 0 3 5 8 . 3 3 11 1 1 1 1 1 2 4 3 1 0 6 / 1 1 / 0 9 1 9 4 L I E B E R T , C A S S I D Y W H I T M O R 1 1 1 2 3 0 1 L G L S V C 0 4 / 0 9 0 . 0 0 4 , 5 7 4 . 0 0 11 1 1 1 1 1 2 4 3 2 0 6 / 1 1 / 0 9 2 1 2 L I V I N G S T O N E , J O H N 1 1 1 4 1 0 1 S C C A P O - L I V I N G S T O N E 0 . 0 0 1 0 . 0 0 11 1 1 1 1 1 2 4 3 2 0 6 / 1 1 / 0 9 2 1 2 L I V I N G S T O N E , J O H N 1 1 1 4 1 0 1 S C C A P O - M C C O R M I C K 0 . 0 0 1 0 . 0 0 TO T A L C H E C K 0 . 0 0 2 0 . 0 0 11 1 1 1 1 1 2 4 3 3 0 6 / 1 1 / 0 9 5 0 0 M O O R E , M I C H A E L A N D A L L Y S 1 1 1 D E P O S I T R E F U N D 0 . 0 0 2 , 2 6 0 . 0 0 11 1 1 1 1 1 2 4 3 3 0 6 / 1 1 / 0 9 5 0 0 M O O R E , M I C H A E L A N D A L L Y S 1 1 1 D E P O S I T R E F U N D 0 . 0 0 1 8 8 . 4 9 TO T A L C H E C K 0 . 0 0 2 , 4 4 8 . 4 9 11 1 1 1 1 1 2 4 3 4 0 6 / 1 1 / 0 9 6 7 8 M U N I C I P A L C O D E C O R P O R A T I 1 1 1 2 2 0 1 O R D I N A N C E S V C 0 . 0 0 5 0 . 0 0 11 1 1 1 1 1 2 4 3 5 0 6 / 1 1 / 0 9 1 3 5 N O R T H B A Y B L D G M A I N T E N A N 6 2 4 6 2 0 2 J A N I T O R I A L 5 / 1 0 - 1 6 / 0 9 0 . 0 0 2 8 5 . 0 0 11 1 1 1 1 1 2 4 3 5 0 6 / 1 1 / 0 9 1 3 5 N O R T H B A Y B L D G M A I N T E N A N 6 2 4 6 2 0 2 J A N I T O R I A L 5 / 0 3 - 0 9 / 0 9 0 . 0 0 3 8 0 . 0 0 11 1 1 1 1 1 2 4 3 5 0 6 / 1 1 / 0 9 1 3 5 N O R T H B A Y B L D G M A I N T E N A N 6 2 4 6 2 0 2 J A N I T O R I A L 4 / 2 6 - 3 0 / 0 9 0 . 0 0 1 5 2 . 0 0 11 1 1 1 1 1 2 4 3 5 0 6 / 1 1 / 0 9 1 3 5 N O R T H B A Y B L D G M A I N T E N A N 6 2 4 6 2 0 2 J A N I T O R I A L 4 / 1 6 - 2 5 / 0 9 0 . 0 0 2 2 8 . 0 0 11 1 1 1 1 1 2 4 3 5 0 6 / 1 1 / 0 9 1 3 5 N O R T H B A Y B L D G M A I N T E N A N 6 2 4 6 2 0 2 J A N I T O R I A L 4 / 1 2 - 1 8 / 0 9 0 . 0 0 3 0 4 . 0 0 11 1 1 1 1 1 2 4 3 5 0 6 / 1 1 / 0 9 1 3 5 N O R T H B A Y B L D G M A I N T E N A N 6 2 4 6 2 0 2 J A N I T O R I A L 4 / 0 5 - 4 / 1 1 0 . 0 0 2 2 8 . 0 0 11 1 1 1 1 1 2 4 3 5 0 6 / 1 1 / 0 9 1 3 5 N O R T H B A Y B L D G M A I N T E N A N 6 2 4 6 2 0 2 J A N I T O R I A L 5 / 1 7 - 5 / 2 3 0 . 0 0 6 4 6 . 0 0 TO T A L C H E C K 0 . 0 0 2 , 2 2 3 . 0 0 11 1 1 1 1 1 2 4 3 6 0 6 / 1 1 / 0 9 1 4 5 O F F I C E D E P O T I N C . 1 1 1 4 1 0 1 O F F I C E S U P P L I E S 0 . 0 0 5 4 . 6 5 11 1 1 1 1 1 2 4 3 6 0 6 / 1 1 / 0 9 1 4 5 O F F I C E D E P O T I N C . 1 1 1 4 1 0 1 O F F I C E S U P P L I E S 0 . 0 0 1 3 2 . 3 7 11 1 1 1 1 1 2 4 3 6 0 6 / 1 1 / 0 9 1 4 5 O F F I C E D E P O T I N C . 1 1 1 3 1 0 1 O F F I C E S U P P L I E S 0 . 0 0 3 6 5 . 8 7 TO T A L C H E C K 0 . 0 0 5 5 2 . 8 9 11 1 1 1 1 1 2 4 3 7 0 6 / 1 1 / 0 9 5 4 0 O R C H A R D S U P P L Y 6 2 4 6 2 0 2 S U P P L I E S - F A C I L I T I E S 0 . 0 0 1 2 0 . 1 0 11 1 1 1 1 1 2 4 3 8 0 6 / 1 1 / 0 9 1 6 8 O R C H A R D S U P P L Y H A R D W A R E - 1 1 1 5 3 0 1 S U P P L I E S - P A R K S 0 . 0 0 3 2 . 4 6 11 1 1 1 1 1 2 4 3 8 0 6 / 1 1 / 0 9 1 6 8 O R C H A R D S U P P L Y H A R D W A R E - 1 1 1 5 3 0 1 S U P P L I E S - P A R K S 0 . 0 0 6 . 5 7 11 1 1 1 1 1 2 4 3 8 0 6 / 1 1 / 0 9 1 6 8 O R C H A R D S U P P L Y H A R D W A R E - 1 1 1 5 2 0 1 S U P P L I E S - S T R E E T S 0 . 0 0 7 8 . 9 2 11 1 1 1 1 1 2 4 3 8 0 6 / 1 1 / 0 9 1 6 8 O R C H A R D S U P P L Y H A R D W A R E - 1 1 1 5 2 0 1 S U P P L I E S - S T R E E T S 0 . 0 0 6 . 5 7 TO T A L C H E C K 0 . 0 0 1 2 4 . 5 2 11 1 1 1 1 1 2 4 3 9 0 6 / 1 1 / 0 9 1 7 3 P A C I F I C G A S & E L E C T R I C 6 2 4 6 2 0 2 N A T U R A L G A S V E H 0 . 0 0 6 2 . 0 0 11 1 1 1 1 1 2 4 3 9 0 6 / 1 1 / 0 9 1 7 3 P A C I F I C G A S & E L E C T R I C 2 3 1 5 3 0 2 O A K S T 0 . 0 0 2 7 . 0 9 11 1 1 1 1 1 2 4 3 9 0 6 / 1 1 / 0 9 1 7 3 P A C I F I C G A S & E L E C T R I C 2 7 3 5 3 0 2 G A T E W A Y 0 . 0 0 1 7 4 . 7 7 TO T A L C H E C K 0 . 0 0 2 6 3 . 8 6 11 1 1 1 1 1 2 4 4 0 0 6 / 1 1 / 0 9 2 7 8 P E T R O T E K 6 2 3 5 2 0 2 F U E L T E S T I N G 0 5 / 0 9 0 . 0 0 2 0 0 . 0 0 11 1 1 1 1 1 2 4 4 1 0 6 / 1 1 / 0 9 1 7 3 P G & E C M F / P P C D E P A R T M E N T 4 1 1 9 1 3 2 - 0 0 2 P G E - P R O S P E C T M E D I A N 0 . 0 0 4 , 2 2 6 . 3 4 28 SU N G A R D P U B L I C S E C T O R P A G E N U M B E R : 4 DA T E : 0 6 / 2 4 / 2 0 0 9 C I T Y O F S A R A T O G A A C C T P A 2 1 TI M E : 2 0 : 0 3 : 4 6 C H E C K R E G I S T E R - D I S B U R S E M E N T F U N D SE L E C T I O N C R I T E R I A : t r a n s a c t . c k _ d a t e = ’ 2 0 0 9 0 6 1 1 0 0 : 0 0 : 0 0 . 0 0 0 ’ AC C O U N T I N G P E R I O D : 1 2 / 0 9 F U N D - 0 0 9 - D I S B U R S E M E N T F U N D CA S H A C C T C H E C K N O I S S U E D T - - - - - - - - - - - - - - V E N D O R - - - - - - - - - - - - - B U D G E T U N I T - - - - - D E S C R I P T I O N - - - - - - S A L E S T A X A M O U N T 11 1 1 1 1 1 2 4 4 2 0 6 / 1 1 / 0 9 5 0 0 P H A M , C U N G 1 1 1 A R B O R I S T D E P R E F U N D 0 . 0 0 1 , 6 9 0 . 0 0 11 1 1 1 1 1 2 4 4 3 0 6 / 1 1 / 0 9 3 2 6 P O N Y E X P R E S S T A C K 1 1 1 4 1 0 3 O F F I C E S U P P L I E S 0 . 0 0 1 1 8 . 5 5 11 1 1 1 1 1 2 4 4 4 0 6 / 1 1 / 0 9 6 9 3 P R E M I E R W E S T I N T E R I O R S , 4 1 3 9 3 2 3 - 0 0 1 G A Z E B O / A R B O R R E P A I R 0 . 0 0 5 , 0 5 5 . 0 0 11 1 1 1 1 1 2 4 4 4 0 6 / 1 1 / 0 9 6 9 3 P R E M I E R W E S T I N T E R I O R S , 6 2 4 6 2 0 2 R E P A I N T B A C K A R B O R 0 . 0 0 2 , 3 4 6 . 0 0 11 1 1 1 1 1 2 4 4 4 0 6 / 1 1 / 0 9 6 9 3 P R E M I E R W E S T I N T E R I O R S , 6 2 4 6 2 0 2 P A I N T F R O N T A R B O R 0 . 0 0 1 , 8 9 0 . 0 0 11 1 1 1 1 1 2 4 4 4 0 6 / 1 1 / 0 9 6 9 3 P R E M I E R W E S T I N T E R I O R S , 6 2 4 6 2 0 2 B A C K D O O R W E D G E 0 . 0 0 4 5 6 . 0 0 TO T A L C H E C K 0 . 0 0 9 , 7 4 7 . 0 0 11 1 1 1 1 1 2 4 4 5 0 6 / 1 1 / 0 9 3 8 8 R A T R A , R I C K 6 2 3 5 2 0 2 P R O P A N E 0 . 0 0 5 7 . 6 8 11 1 1 1 1 1 2 4 4 6 0 6 / 1 1 / 0 9 3 9 3 R E E D & G R A H A M , I N C 4 1 1 9 1 1 1 - 0 0 1 A S P H A L T 0 . 0 0 3 1 9 . 0 1 11 1 1 1 1 1 2 4 4 6 0 6 / 1 1 / 0 9 3 9 3 R E E D & G R A H A M , I N C 4 1 1 9 1 1 1 - 0 0 1 A S P H A L T 0 . 0 0 8 1 1 . 9 1 11 1 1 1 1 1 2 4 4 6 0 6 / 1 1 / 0 9 3 9 3 R E E D & G R A H A M , I N C 4 1 1 9 1 1 1 - 0 0 1 A S P A H A L T 0 . 0 0 1 0 5 . 2 7 TO T A L C H E C K 0 . 0 0 1 , 2 3 6 . 1 9 11 1 1 1 1 1 2 4 4 7 0 6 / 1 1 / 0 9 4 0 9 R E P U B L I C I T S 2 3 1 5 3 0 2 R E P A I R S - 4 T H S T 0 . 0 0 9 0 5 . 0 0 11 1 1 1 1 1 2 4 4 8 0 6 / 1 1 / 0 9 8 2 S A N J O S E B L U E P R I N T 4 1 3 9 3 7 4 - 0 0 1 P R I N T S / B I N D I N G 0 . 0 0 1 , 2 7 3 . 5 1 11 1 1 1 1 1 2 4 4 9 0 6 / 1 1 / 0 9 8 7 S A N J O S E W A T E R C O M P A N Y 6 2 4 6 2 0 2 B U I L D I N G S 0 . 0 0 3 5 . 1 0 11 1 1 1 1 1 2 4 4 9 0 6 / 1 1 / 0 9 8 7 S A N J O S E W A T E R C O M P A N Y 1 1 1 5 3 0 1 P A R K S / O P E N S P A C E S 0 . 0 0 1 , 8 3 4 . 5 2 11 1 1 1 1 1 2 4 4 9 0 6 / 1 1 / 0 9 8 7 S A N J O S E W A T E R C O M P A N Y 2 5 2 5 3 0 2 P R I D E S C R O S S I N G 0 . 0 0 3 7 . 9 6 11 1 1 1 1 1 2 4 4 9 0 6 / 1 1 / 0 9 8 7 S A N J O S E W A T E R C O M P A N Y 2 7 7 5 3 0 2 V I L L I A G E C O M M E R C I A L 0 . 0 0 1 8 9 . 8 4 TO T A L C H E C K 0 . 0 0 2 , 0 9 7 . 4 2 11 1 1 1 1 1 2 4 5 0 0 6 / 1 1 / 0 9 1 3 6 S C O T T Y ’ S A U T O M O T I V E 6 2 3 5 2 0 2 R E P A I R S - V E H 1 0 1 0 . 0 0 1 , 1 5 9 . 8 9 11 1 1 1 1 1 2 4 5 0 0 6 / 1 1 / 0 9 1 3 6 S C O T T Y ’ S A U T O M O T I V E 6 2 3 5 2 0 2 M A I N T E N A N C E V E H 1 2 0 0 . 0 0 6 3 . 8 9 11 1 1 1 1 1 2 4 5 0 0 6 / 1 1 / 0 9 1 3 6 S C O T T Y ’ S A U T O M O T I V E 6 2 3 5 2 0 2 M A I N T E N A N C E V E H 1 0 8 0 . 0 0 3 1 7 . 3 0 11 1 1 1 1 1 2 4 5 0 0 6 / 1 1 / 0 9 1 3 6 S C O T T Y ’ S A U T O M O T I V E 6 2 3 5 2 0 2 M A I N T E N E N C E V E H 1 1 5 0 . 0 0 7 3 . 8 9 11 1 1 1 1 1 2 4 5 0 0 6 / 1 1 / 0 9 1 3 6 S C O T T Y ’ S A U T O M O T I V E 6 2 3 5 2 0 2 M A I N T E N A N C E V E H 1 0 8 0 . 0 0 7 3 . 8 9 11 1 1 1 1 1 2 4 5 0 0 6 / 1 1 / 0 9 1 3 6 S C O T T Y ’ S A U T O M O T I V E 6 2 3 5 2 0 2 M A I N T E N A N C E V E H 1 1 4 0 . 0 0 6 3 . 8 9 TO T A L C H E C K 0 . 0 0 1 , 7 5 2 . 7 5 11 1 1 1 1 1 2 4 5 1 0 6 / 1 1 / 0 9 1 6 0 S I E R R A P A C I F I C T U R F S U P P 4 1 2 9 2 3 7 - 0 0 1 R Y E G R A S S S E E D S 0 . 0 0 3 4 1 . 4 1 11 1 1 1 1 1 2 4 5 1 0 6 / 1 1 / 0 9 1 6 0 S I E R R A P A C I F I C T U R F S U P P 1 1 1 5 3 0 1 S U P P L I E S - P A R K S 0 . 0 0 5 2 8 . 7 7 TO T A L C H E C K 0 . 0 0 8 7 0 . 1 8 11 1 1 1 1 1 2 4 5 2 0 6 / 1 1 / 0 9 1 6 2 S I L I C O N V A L L E Y C O M M N E W S 1 1 1 8 3 0 2 G A R A G E S A L E A D 0 . 0 0 4 , 1 8 0 . 0 0 11 1 1 1 1 1 2 4 5 3 0 6 / 1 1 / 0 9 3 3 6 T L C A D M I N I S T R A T O R S 1 1 1 2 3 0 1 1 2 5 F E E 0 6 / 0 9 0 . 0 0 1 7 5 . 0 0 11 1 1 1 1 1 2 4 5 4 0 6 / 1 1 / 0 9 3 7 7 U N I T E D S I T E S E R V I C E S O F 4 1 2 9 2 3 7 - 0 0 1 F E N C E R E N T A L 0 4 / 0 9 0 . 0 0 3 0 1 . 5 1 11 1 1 1 1 1 2 4 5 7 0 6 / 1 1 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 2 3 0 1 E M P L O Y E E R E C O N G N I T I O N 0 . 0 0 2 2 0 . 0 0 11 1 1 1 1 1 2 4 5 7 0 6 / 1 1 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 6 1 2 8 5 0 1 G I F T C A R D S - W E L L N E S S 0 . 0 0 1 0 0 . 0 0 11 1 1 1 1 1 2 4 5 7 0 6 / 1 1 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 2 3 0 1 H R M T G 0 4 / 3 0 0 . 0 0 8 . 9 4 11 1 1 1 1 1 2 4 5 7 0 6 / 1 1 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 6 1 2 8 5 0 1 G I F T C A R D S - W E L L N E S S 0 . 0 0 6 0 . 0 0 11 1 1 1 1 1 2 4 5 7 0 6 / 1 1 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 4 1 0 1 U S P S - P O S T A G E 0 . 0 0 2 0 . 3 8 11 1 1 1 1 1 2 4 5 7 0 6 / 1 1 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 6 2 4 6 2 0 2 O F F I C E S U P P L I E S 0 . 0 0 2 9 . 2 6 29 SU N G A R D P U B L I C S E C T O R P A G E N U M B E R : 5 DA T E : 0 6 / 2 4 / 2 0 0 9 C I T Y O F S A R A T O G A A C C T P A 2 1 TI M E : 2 0 : 0 3 : 4 6 C H E C K R E G I S T E R - D I S B U R S E M E N T F U N D SE L E C T I O N C R I T E R I A : t r a n s a c t . c k _ d a t e = ’ 2 0 0 9 0 6 1 1 0 0 : 0 0 : 0 0 . 0 0 0 ’ AC C O U N T I N G P E R I O D : 1 2 / 0 9 F U N D - 0 0 9 - D I S B U R S E M E N T F U N D CA S H A C C T C H E C K N O I S S U E D T - - - - - - - - - - - - - - V E N D O R - - - - - - - - - - - - - B U D G E T U N I T - - - - - D E S C R I P T I O N - - - - - - S A L E S T A X A M O U N T 11 1 1 1 1 1 2 4 5 7 0 6 / 1 1 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 4 1 1 9 1 1 1 - 0 0 1 P M P M A I L I N G 0 . 0 0 1 4 7 . 0 0 11 1 1 1 1 1 2 4 5 7 0 6 / 1 1 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 6 1 2 8 5 0 1 W E L L N E S S S N A C K S 4 / 2 1 0 . 0 0 5 7 . 5 0 11 1 1 1 1 1 2 4 5 7 0 6 / 1 1 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 6 1 2 8 5 0 1 W E L L N E S S S N A C K S 5 / 5 0 . 0 0 1 4 3 . 8 7 11 1 1 1 1 1 2 4 5 7 0 6 / 1 1 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 6 1 2 8 5 0 1 W E L L N E S S S N A C K S 5 / 5 0 . 0 0 5 8 . 5 9 11 1 1 1 1 1 2 4 5 7 0 6 / 1 1 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 5 2 0 1 O F F I C E S U P P L I E S 0 . 0 0 1 2 5 . 6 5 11 1 1 1 1 1 2 4 5 7 0 6 / 1 1 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 5 2 0 1 C R E D I T S U P P L I E S 0 . 0 0 - 3 2 . 7 6 11 1 1 1 1 1 2 4 5 7 0 6 / 1 1 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 5 2 0 1 C O F F E E S U P P L I E S 0 . 0 0 2 7 . 2 7 11 1 1 1 1 1 2 4 5 7 0 6 / 1 1 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 5 2 0 1 U S P S - P O S T A G E 0 . 0 0 1 1 . 5 7 11 1 1 1 1 1 2 4 5 7 0 6 / 1 1 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 6 1 2 8 5 0 1 W E L L N E S S S N A C K S 5 / 1 5 0 . 0 0 8 9 . 5 4 11 1 1 1 1 1 2 4 5 7 0 6 / 1 1 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 6 2 2 3 2 0 1 C O M P U T E R S U P P L I E S 0 . 0 0 1 4 7 . 4 8 11 1 1 1 1 1 2 4 5 7 0 6 / 1 1 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 6 2 2 3 2 0 1 C O M P U T E R S U P P L I E S 0 . 0 0 5 8 . 0 2 11 1 1 1 1 1 2 4 5 7 0 6 / 1 1 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 8 1 0 1 M O N I T O R S 0 . 0 0 5 0 8 . 2 8 11 1 1 1 1 1 2 4 5 7 0 6 / 1 1 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 8 3 0 2 S U P P L I E S - A R B O R D A Y 0 . 0 0 1 8 . 1 8 11 1 1 1 1 1 2 4 5 7 0 6 / 1 1 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 2 1 0 1 M E E T I N G W / M A Y O R 4 / 2 3 0 . 0 0 5 1 . 5 0 11 1 1 1 1 1 2 4 5 7 0 6 / 1 1 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 2 1 0 1 O F F I C E S U P P L I E S 0 . 0 0 3 1 . 8 2 11 1 1 1 1 1 2 4 5 7 0 6 / 1 1 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 1 1 0 1 S U P P L I E S - C O U N C I L M T G S 0 . 0 0 2 5 5 . 5 7 11 1 1 1 1 1 2 4 5 7 0 6 / 1 1 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 2 1 0 1 S U P P L I E S - S T A F F M T G 0 . 0 0 4 0 . 4 0 11 1 1 1 1 1 2 4 5 7 0 6 / 1 1 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 2 1 0 1 M E E T I N G W / M A Y O R 5 / 7 0 . 0 0 4 2 . 7 5 11 1 1 1 1 1 2 4 5 7 0 6 / 1 1 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 2 1 0 1 M E E T I N G W / M A Y O R 5 / 1 4 0 . 0 0 1 1 1 . 2 5 11 1 1 1 1 1 2 4 5 7 0 6 / 1 1 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 2 1 0 1 O F F I C E S U P P L I E S 0 . 0 0 5 2 3 . 3 1 11 1 1 1 1 1 2 4 5 7 0 6 / 1 1 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 6 1 0 1 S U P P L I E S - C A M P 0 . 0 0 7 5 . 8 1 11 1 1 1 1 1 2 4 5 7 0 6 / 1 1 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 6 1 0 1 S U P P L I E S - C A M P 0 . 0 0 1 8 3 . 2 7 11 1 1 1 1 1 2 4 5 7 0 6 / 1 1 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 6 1 2 8 5 0 1 W E L L N E S S S N A C K S 0 . 0 0 3 0 0 . 6 9 11 1 1 1 1 1 2 4 5 7 0 6 / 1 1 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 4 1 0 3 O F F I C E S U P P L I E S 0 . 0 0 1 6 3 . 6 3 11 1 1 1 1 1 2 4 5 7 0 6 / 1 1 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 4 1 0 3 U S P S - P O S T A G E 0 . 0 0 4 4 . 0 0 11 1 1 1 1 1 2 4 5 7 0 6 / 1 1 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 6 1 0 1 A D M I N A S S I S T M T G 4 / 3 0 0 . 0 0 9 2 . 5 1 11 1 1 1 1 1 2 4 5 7 0 6 / 1 1 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 6 1 0 1 F A C I L I T Y R N T L M T G 5 / 5 0 . 0 0 2 3 . 9 6 11 1 1 1 1 1 2 4 5 7 0 6 / 1 1 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 6 1 0 1 O F F I C E S U P P L I E S 0 . 0 0 1 7 2 . 0 8 11 1 1 1 1 1 2 4 5 7 0 6 / 1 1 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 6 1 0 1 S R T R I P 5 / 2 0 0 . 0 0 8 . 2 6 11 1 1 1 1 1 2 4 5 7 0 6 / 1 1 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 6 1 0 1 S U P P L I E S - L I B R A R Y D A Y 0 . 0 0 7 . 0 8 11 1 1 1 1 1 2 4 5 7 0 6 / 1 1 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 6 1 0 1 S R T R I P 6 / 0 3 0 . 0 0 9 3 3 . 2 4 11 1 1 1 1 1 2 4 5 7 0 6 / 1 1 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 6 1 0 1 T R I P E S C O R T M E A L 5 / 0 7 0 . 0 0 1 3 . 1 6 11 1 1 1 1 1 2 4 5 7 0 6 / 1 1 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 6 1 0 1 S R T R I P 5 / 0 7 0 . 0 0 3 3 3 . 3 0 11 1 1 1 1 1 2 4 5 7 0 6 / 1 1 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 6 1 0 1 S R T R I P 0 5 / 2 0 0 . 0 0 8 1 1 . 0 0 11 1 1 1 1 1 2 4 5 7 0 6 / 1 1 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 6 1 0 1 W A T E R 0 5 / 2 0 & 0 6 / 0 3 0 . 0 0 1 0 . 3 8 11 1 1 1 1 1 2 4 5 7 0 6 / 1 1 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 6 1 0 1 C H A R G E R F O R C A M E R A 0 . 0 0 1 0 5 . 2 7 11 1 1 1 1 1 2 4 5 7 0 6 / 1 1 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 1 2 0 1 S U P P L I E S - M T G 0 5 / 1 8 0 . 0 0 1 0 . 6 7 11 1 1 1 1 1 2 4 5 7 0 6 / 1 1 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 2 1 0 1 L U N C H M T G 5 / 1 8 0 . 0 0 3 5 . 2 8 11 1 1 1 1 1 2 4 5 7 0 6 / 1 1 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 2 1 0 1 L U N C H M T G 5 / 2 0 0 . 0 0 3 5 . 2 2 11 1 1 1 1 1 2 4 5 7 0 6 / 1 1 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 6 2 3 5 2 0 2 F U E L - T C S A 0 . 0 0 2 8 . 6 3 11 1 1 1 1 1 2 4 5 7 0 6 / 1 1 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 6 2 3 5 2 0 2 F U E L - T C S A 0 . 0 0 3 7 . 0 0 11 1 1 1 1 1 2 4 5 7 0 6 / 1 1 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 5 2 0 1 T C S A C O N F E R E N C E 4 / 3 0 0 . 0 0 3 7 6 . 5 2 11 1 1 1 1 1 2 4 5 7 0 6 / 1 1 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 8 3 0 2 C O M P O S T - A R B O R D A Y 0 . 0 0 1 4 . 7 2 11 1 1 1 1 1 2 4 5 7 0 6 / 1 1 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 1 2 0 1 S U P P L I E S - T A S K F O R C E 0 . 0 0 1 3 . 1 5 11 1 1 1 1 1 2 4 5 7 0 6 / 1 1 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 4 1 0 1 U S P S - P O S T A G E 0 . 0 0 5 . 8 1 11 1 1 1 1 1 2 4 5 7 0 6 / 1 1 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 1 2 0 1 S U P P L I E S - P C S T U D Y 0 . 0 0 1 1 . 1 6 11 1 1 1 1 1 2 4 5 7 0 6 / 1 1 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 4 1 0 1 U S P S - P O S T A G E 0 . 0 0 8 8 . 0 0 11 1 1 1 1 1 2 4 5 7 0 6 / 1 1 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 1 2 0 1 S U P P L I E S - P C S T U D Y 0 . 0 0 1 0 3 . 8 5 11 1 1 1 1 1 2 4 5 7 0 6 / 1 1 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 6 1 0 1 C O N S T A N C T C O N T A C T 0 . 0 0 6 5 . 0 0 11 1 1 1 1 1 2 4 5 7 0 6 / 1 1 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 6 1 0 2 S U P P L I E S - C O N C E R T 0 . 0 0 6 6 . 2 4 11 1 1 1 1 1 2 4 5 7 0 6 / 1 1 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 6 1 0 2 R E T U R N S U P P L I E S 0 . 0 0 - 1 1 . 7 7 11 1 1 1 1 1 2 4 5 7 0 6 / 1 1 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 6 1 0 1 L E R N S E M I N A R 5 / 1 3 0 . 0 0 - 1 9 8 . 0 0 30 SU N G A R D P U B L I C S E C T O R P A G E N U M B E R : 6 DA T E : 0 6 / 2 4 / 2 0 0 9 C I T Y O F S A R A T O G A A C C T P A 2 1 TI M E : 2 0 : 0 3 : 4 6 C H E C K R E G I S T E R - D I S B U R S E M E N T F U N D SE L E C T I O N C R I T E R I A : t r a n s a c t . c k _ d a t e = ’ 2 0 0 9 0 6 1 1 0 0 : 0 0 : 0 0 . 0 0 0 ’ AC C O U N T I N G P E R I O D : 1 2 / 0 9 F U N D - 0 0 9 - D I S B U R S E M E N T F U N D CA S H A C C T C H E C K N O I S S U E D T - - - - - - - - - - - - - - V E N D O R - - - - - - - - - - - - - B U D G E T U N I T - - - - - D E S C R I P T I O N - - - - - - S A L E S T A X A M O U N T 11 1 1 1 1 1 2 4 5 7 0 6 / 1 1 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 6 1 0 1 U S P S - P O S T A G E 0 . 0 0 4 2 . 8 0 11 1 1 1 1 1 2 4 5 7 0 6 / 1 1 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 5 2 0 1 T O O L S 0 . 0 0 1 3 1 . 0 8 11 1 1 1 1 1 2 4 5 7 0 6 / 1 1 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 5 2 0 1 T C S A C O N F E R E N C E 4 / 3 0 0 . 0 0 9 4 . 1 3 11 1 1 1 1 1 2 4 5 7 0 6 / 1 1 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 6 2 4 6 2 0 2 O F F I C E S U P P L I E S 0 . 0 0 7 . 3 0 11 1 1 1 1 1 2 4 5 7 0 6 / 1 1 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 6 2 4 6 2 0 2 L E E D C L A S S 6 / 1 5 - 6 / 1 7 0 . 0 0 5 9 5 . 0 0 11 1 1 1 1 1 2 4 5 7 0 6 / 1 1 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 2 3 0 1 E M P L O Y R E C O G - M O N I C A 0 . 0 0 2 5 . 0 0 11 1 1 1 1 1 2 4 5 7 0 6 / 1 1 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 2 1 0 1 M T G W / S A S C C & R E C 0 . 0 0 5 1 . 7 0 11 1 1 1 1 1 2 4 5 7 0 6 / 1 1 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 2 2 0 1 E T H I C S P U B L I C A T I O N S 0 . 0 0 1 3 5 . 3 4 11 1 1 1 1 1 2 4 5 7 0 6 / 1 1 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 2 2 0 1 O F F I C E S U P P L I E S 0 . 0 0 9 6 . 0 2 11 1 1 1 1 1 2 4 5 7 0 6 / 1 1 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 1 1 0 1 S U P P L I E S - C O U N C I L M T G 0 . 0 0 5 1 1 . 0 1 11 1 1 1 1 1 2 4 5 7 0 6 / 1 1 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 5 1 0 1 A R C V I E W R E N E W A L 0 . 0 0 8 3 7 . 0 0 11 1 1 1 1 1 2 4 5 7 0 6 / 1 1 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 5 1 0 1 U S P S - P O S T A G E 0 . 0 0 2 2 . 5 5 11 1 1 1 1 1 2 4 5 7 0 6 / 1 1 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 3 1 0 1 U S P S - C E R T I F I E D M A I L 0 . 0 0 6 . 4 1 11 1 1 1 1 1 2 4 5 7 0 6 / 1 1 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 1 1 1 2 3 0 1 E M P L O Y E E R E C O G N I T I O N 0 . 0 0 1 5 . 0 0 11 1 1 1 1 1 2 4 5 7 0 6 / 1 1 / 0 9 3 9 1 U S B A N K P U R C H A S I N G C A R D 6 1 2 8 5 0 1 S U P E R P E R S O N S Y N D R O M E 0 . 0 0 1 4 7 . 7 0 TO T A L C H E C K 0 . 0 0 9 , 5 3 2 . 5 3 11 1 1 1 1 1 2 4 5 8 0 6 / 1 1 / 0 9 4 0 8 W C B S - W E S T C O A S T B U I L D I 1 1 1 5 3 0 1 J A N I T O R I A L S V C 0 5 / 0 9 0 . 0 0 6 9 5 . 0 0 11 1 1 1 1 1 2 4 5 9 0 6 / 1 1 / 0 9 4 2 9 W E S T C O A S T F E N C E C O M P A N Y 1 1 1 5 3 0 1 R E P A I R - T R A S H G A T E 0 . 0 0 4 5 0 . 0 0 11 1 1 1 1 1 2 4 6 0 0 6 / 1 1 / 0 9 4 3 2 W E S T V A L L E Y C O L L E C T I O N S 1 1 1 5 3 0 1 M T H L Y S V C 0 5 / 0 9 0 . 0 0 2 6 5 . 1 7 11 1 1 1 1 1 2 4 6 1 0 6 / 1 1 / 0 9 6 9 6 Z A G T E C H N I C A L S E R V I C E S , 6 2 2 3 2 0 1 B / U P F O R S E R V E R S 0 . 0 0 3 , 6 5 8 . 6 0 TO T A L C A S H A C C O U N T 0 . 0 0 1 0 6 , 6 6 8 . 7 6 TO T A L F U N D 0 . 0 0 1 0 6 , 6 6 8 . 7 6 TO T A L R E P O R T 0 . 0 0 1 0 6 , 6 6 8 . 7 6 31 SU N G A R D P U B L I C S E C T O R P A G E N U M B E R : 1 DA T E : 0 6 / 2 4 / 2 0 0 9 C I T Y O F S A R A T O G A A C C T P A 2 1 TI M E : 2 0 : 0 0 : 1 4 C H E C K R E G I S T E R - D I S B U R S E M E N T F U N D SE L E C T I O N C R I T E R I A : t r a n s a c t . c k _ d a t e = ’ 2 0 0 9 0 6 1 8 0 0 : 0 0 : 0 0 . 0 0 0 ’ AC C O U N T I N G P E R I O D : 1 2 / 0 9 F U N D - 0 0 9 - D I S B U R S E M E N T F U N D CA S H A C C T C H E C K N O I S S U E D T - - - - - - - - - - - - - - V E N D O R - - - - - - - - - - - - - B U D G E T U N I T - - - - - D E S C R I P T I O N - - - - - - S A L E S T A X A M O U N T 11 1 1 1 1 1 2 4 6 2 0 6 / 1 8 / 0 9 2 3 4 A T & T 6 2 4 6 2 0 2 M O N T H L Y R E C U R R I N G 0 . 0 0 1 7 8 . 0 7 11 1 1 1 1 1 2 4 6 2 0 6 / 1 8 / 0 9 2 3 4 A T & T 6 2 4 6 2 0 2 X E R O X M A C H I N E 0 . 0 0 1 4 . 2 5 11 1 1 1 1 1 2 4 6 2 0 6 / 1 8 / 0 9 2 3 4 A T & T 6 2 4 6 2 0 2 M E A S U R E D B U S L I N E 0 . 0 0 3 8 . 1 9 11 1 1 1 1 1 2 4 6 2 0 6 / 1 8 / 0 9 2 3 4 A T & T 6 2 4 6 2 0 2 A L A R M S Y S T E M P H O N E 0 . 0 0 8 5 . 8 1 11 1 1 1 1 1 2 4 6 2 0 6 / 1 8 / 0 9 2 3 4 A T & T 6 2 4 6 2 0 2 S R C E N T E R A L A R M 0 . 0 0 3 0 . 3 5 11 1 1 1 1 1 2 4 6 2 0 6 / 1 8 / 0 9 2 3 4 A T & T 6 2 4 6 2 0 2 B O O K G O A R O U N D 0 . 0 0 2 9 . 7 5 11 1 1 1 1 1 2 4 6 2 0 6 / 1 8 / 0 9 2 3 4 A T & T 1 1 1 7 1 0 2 E R L I N E - A S S I S T C M 0 . 0 0 1 5 . 5 4 11 1 1 1 1 1 2 4 6 2 0 6 / 1 8 / 0 9 2 3 4 A T & T 1 1 1 7 1 0 2 E M P E R L I N E 0 . 0 0 1 4 . 2 5 11 1 1 1 1 1 2 4 6 2 0 6 / 1 8 / 0 9 2 3 4 A T & T 1 1 1 7 1 0 2 E M E R G E N C Y R E S P O N S E 0 . 0 0 2 0 5 . 2 5 11 1 1 1 1 1 2 4 6 2 0 6 / 1 8 / 0 9 2 3 4 A T & T 1 1 1 7 1 0 2 A M R A D I O S A R A T O G A 0 . 0 0 1 5 . 5 4 11 1 1 1 1 1 2 4 6 2 0 6 / 1 8 / 0 9 2 3 4 A T & T 6 2 4 6 2 0 2 N C A M P U S 0 . 0 0 4 4 . 1 4 11 1 1 1 1 1 2 4 6 2 0 6 / 1 8 / 0 9 2 3 4 A T & T 1 1 1 5 3 0 1 G A T E W A Y I R R I G A T I O N 0 . 0 0 1 5 . 2 4 11 1 1 1 1 1 2 4 6 2 0 6 / 1 8 / 0 9 2 3 4 A T & T 1 1 1 5 3 0 1 P H O N E L I N E S - P A R K S 0 . 0 0 1 6 . 0 5 11 1 1 1 1 1 2 4 6 2 0 6 / 1 8 / 0 9 2 3 4 A T & T 1 1 1 5 3 0 1 B L A N E Y P H O N E M O D E M 0 . 0 0 1 5 . 2 4 11 1 1 1 1 1 2 4 6 2 0 6 / 1 8 / 0 9 2 3 4 A T & T 1 1 1 5 3 0 1 C S P R I N G S P A R K 0 . 0 0 3 0 . 8 1 TO T A L C H E C K 0 . 0 0 7 4 8 . 4 8 11 1 1 1 1 1 2 4 6 3 0 6 / 1 8 / 0 9 7 2 A D V A N T A G E J A N I T O R I A L S U P 1 1 1 5 3 0 1 B A T H R O O M S U P P L I E S 0 . 0 0 2 8 0 . 6 9 11 1 1 1 1 1 2 4 6 4 0 6 / 1 8 / 0 9 7 2 3 A M A R O , R I C K 1 1 1 5 2 0 1 T C S A - 0 6 / 1 1 0 . 0 0 2 0 . 0 0 11 1 1 1 1 1 2 4 6 5 0 6 / 1 8 / 0 9 3 1 4 B A Y T E L E C O M 6 2 2 3 2 0 1 V O I C E M A I L R E P A I R S 0 . 0 0 2 0 0 . 0 0 11 1 1 1 1 1 2 4 6 6 0 6 / 1 8 / 0 9 7 1 4 B I G G S C A R D O S A A S S O C I A T I O 4 1 1 9 1 4 2 - 0 0 3 P R O F S V C 0 4 / 0 9 0 . 0 0 2 , 0 0 0 . 0 0 11 1 1 1 1 1 2 4 6 7 0 6 / 1 8 / 0 9 5 0 0 B U R K E , B E R N A D E T T E 1 1 1 6 1 0 1 C A N C E L L E D E X C U R S I O N 0 . 0 0 2 9 . 0 0 11 1 1 1 1 1 2 4 6 7 0 6 / 1 8 / 0 9 5 0 0 B U R K E , B E R N A D E T T E 1 1 1 6 1 0 1 C A N C E L L E D E X C U R S I O N 0 . 0 0 2 9 . 0 0 TO T A L C H E C K 0 . 0 0 5 8 . 0 0 11 1 1 1 1 1 2 4 6 8 0 6 / 1 8 / 0 9 5 0 0 B U T T A R , H A R P R E E T 1 1 1 6 1 0 1 C A N C E L L E D C L A S S 0 . 0 0 3 6 7 . 0 0 11 1 1 1 1 1 2 4 6 9 0 6 / 1 8 / 0 9 7 2 5 C A S A L E , T O N Y 1 1 1 5 2 0 1 T C S A - 0 6 / 1 1 0 . 0 0 2 0 . 0 0 11 1 1 1 1 1 2 4 7 0 0 6 / 1 8 / 0 9 1 3 0 C D W G , I N C 6 3 2 3 2 0 2 H P S T O R A G E W O R K S 0 . 0 0 2 , 7 3 6 . 1 9 11 1 1 1 1 1 2 4 7 1 0 6 / 1 8 / 0 9 5 0 0 C H A C K O , K O S H Y 1 1 1 F A C I L I T Y D E P R E F U N D 0 . 0 0 3 0 0 . 0 0 11 1 1 1 1 1 2 4 7 2 0 6 / 1 8 / 0 9 1 8 8 C I T Y O F C A M P B E L L 1 1 1 6 1 0 1 S L O T R I P 0 6 / 2 3 - 0 6 / 2 4 0 . 0 0 2 , 1 3 4 . 5 0 11 1 1 1 1 1 2 4 7 3 0 6 / 1 8 / 0 9 2 1 4 C I T Y O F S A R A T O G A - P E T T Y C 1 1 1 3 1 0 1 P O S T A G E S T A M P S 0 . 0 0 3 4 8 . 0 0 11 1 1 1 1 1 2 4 7 3 0 6 / 1 8 / 0 9 2 1 4 C I T Y O F S A R A T O G A - P E T T Y C 6 1 2 8 5 0 1 S U P P L I E S 0 . 0 0 1 0 . 3 8 11 1 1 1 1 1 2 4 7 3 0 6 / 1 8 / 0 9 2 1 4 C I T Y O F S A R A T O G A - P E T T Y C 1 1 1 2 3 0 1 P O S T A G E S T A M P S 0 . 0 0 4 . 7 1 11 1 1 1 1 1 2 4 7 3 0 6 / 1 8 / 0 9 2 1 4 C I T Y O F S A R A T O G A - P E T T Y C 1 1 1 1 1 0 1 O F F I C E S U P P L I E S 0 . 0 0 3 . 2 4 11 1 1 1 1 1 2 4 7 3 0 6 / 1 8 / 0 9 2 1 4 C I T Y O F S A R A T O G A - P E T T Y C 1 1 1 2 1 0 1 P A R K I N G , B A R T , T O L L 0 . 0 0 1 2 . 6 0 11 1 1 1 1 1 2 4 7 3 0 6 / 1 8 / 0 9 2 1 4 C I T Y O F S A R A T O G A - P E T T Y C 1 1 1 2 2 0 1 P O S T A G E S T A M P S 0 . 0 0 3 3 . 4 9 11 1 1 1 1 1 2 4 7 3 0 6 / 1 8 / 0 9 2 1 4 C I T Y O F S A R A T O G A - P E T T Y C 1 1 1 2 1 0 1 O F F I C E S U P P L I E S 0 . 0 0 1 0 . 9 1 11 1 1 1 1 1 2 4 7 3 0 6 / 1 8 / 0 9 2 1 4 C I T Y O F S A R A T O G A - P E T T Y C 1 1 1 5 2 0 1 P A R K I N G F E E S 0 . 0 0 8 . 0 0 TO T A L C H E C K 0 . 0 0 4 3 1 . 3 3 11 1 1 1 1 1 2 4 7 4 0 6 / 1 8 / 0 9 2 2 9 C O A S T O I L C O M P A N Y L L C 6 2 3 5 2 0 2 U N L E A D E D / D I E S E L 0 . 0 0 1 , 2 5 9 . 2 3 11 1 1 1 1 1 2 4 7 4 0 6 / 1 8 / 0 9 2 2 9 C O A S T O I L C O M P A N Y L L C 6 2 3 5 2 0 2 U N L E A D E D / D I E S E L 0 . 0 0 1 , 3 9 4 . 4 9 TO T A L C H E C K 0 . 0 0 2 , 6 5 3 . 7 2 32 SU N G A R D P U B L I C S E C T O R P A G E N U M B E R : 2 DA T E : 0 6 / 2 4 / 2 0 0 9 C I T Y O F S A R A T O G A A C C T P A 2 1 TI M E : 2 0 : 0 0 : 1 4 C H E C K R E G I S T E R - D I S B U R S E M E N T F U N D SE L E C T I O N C R I T E R I A : t r a n s a c t . c k _ d a t e = ’ 2 0 0 9 0 6 1 8 0 0 : 0 0 : 0 0 . 0 0 0 ’ AC C O U N T I N G P E R I O D : 1 2 / 0 9 F U N D - 0 0 9 - D I S B U R S E M E N T F U N D CA S H A C C T C H E C K N O I S S U E D T - - - - - - - - - - - - - - V E N D O R - - - - - - - - - - - - - B U D G E T U N I T - - - - - D E S C R I P T I O N - - - - - - S A L E S T A X A M O U N T 11 1 1 1 1 1 2 4 7 5 0 6 / 1 8 / 0 9 5 0 0 C O O P E R , H E A T H E R 1 1 1 F A C I L I T Y D E P R E F U N D 0 . 0 0 1 0 0 . 0 0 11 1 1 1 1 1 2 4 7 6 0 6 / 1 8 / 0 9 6 3 1 C O P E L A N D , J O S E P H 1 1 1 6 1 0 1 I N S T R U C T O R - D R U M M I N G 0 . 0 0 2 9 8 . 0 0 11 1 1 1 1 1 2 4 7 7 0 6 / 1 8 / 0 9 5 0 0 C O U N T Y O F S A N T A C L A R A 1 1 1 F A C I L I T Y D E P R E F U N D 0 . 0 0 3 0 0 . 0 0 11 1 1 1 1 1 2 4 7 8 0 6 / 1 8 / 0 9 6 1 6 D A V C O W A T E R P R O O F I N G S V C , 6 2 4 6 2 0 2 R O O F R E P A I R S - S R C T R 0 . 0 0 4 0 6 . 8 4 11 1 1 1 1 1 2 4 7 9 0 6 / 1 8 / 0 9 2 1 1 D E E P C L I F F G O L F C O U R S E 1 1 1 6 1 0 1 I N S T R U C T O R - G O L F 0 . 0 0 7 5 6 . 6 0 11 1 1 1 1 1 2 4 8 0 0 6 / 1 8 / 0 9 2 2 5 D E L L M A R K E T I N G L . P . C / O 1 1 1 8 1 0 1 C O M P U T E R R E P L A C E M E N T 0 . 0 0 1 , 1 9 3 . 1 7 11 1 1 1 1 1 2 4 8 1 0 6 / 1 8 / 0 9 5 0 0 D O N Z E B R A K 1 1 1 P R O J D E P O S I T R E F U N D 0 . 0 0 5 , 1 5 0 . 1 6 11 1 1 1 1 1 2 4 8 2 0 6 / 1 8 / 0 9 4 1 6 E V A N S W E S T V A L L E Y S P R A Y 1 1 1 5 3 0 1 T R E E S P R A Y - B A S I N 0 . 0 0 8 0 0 . 0 0 11 1 1 1 1 1 2 4 8 2 0 6 / 1 8 / 0 9 4 1 6 E V A N S W E S T V A L L E Y S P R A Y 1 1 1 5 3 0 1 P E S T C N T R L - F R U I T V A L E 0 . 0 0 1 , 8 0 0 . 0 0 TO T A L C H E C K 0 . 0 0 2 , 6 0 0 . 0 0 11 1 1 1 1 1 2 4 8 3 0 6 / 1 8 / 0 9 5 0 0 E V A N S , M A R Y 1 1 1 F A C I L I T Y D E P R E F U N D 0 . 0 0 3 0 0 . 0 0 11 1 1 1 1 1 2 4 8 4 0 6 / 1 8 / 0 9 4 1 9 E V E N T S E R V I C E S 4 1 2 9 2 5 3 - 0 0 1 C R E D I T C K 1 1 1 5 3 6 0 . 0 0 - 5 4 0 . 4 2 11 1 1 1 1 1 2 4 8 4 0 6 / 1 8 / 0 9 4 1 9 E V E N T S E R V I C E S 1 1 1 5 3 0 1 P O R T A P O T T Y 0 5 / 0 9 0 . 0 0 1 5 2 . 9 5 11 1 1 1 1 1 2 4 8 4 0 6 / 1 8 / 0 9 4 1 9 E V E N T S E R V I C E S 1 1 1 5 3 0 1 P O R T A P O T T Y 0 2 / 0 9 0 . 0 0 1 5 1 . 5 5 11 1 1 1 1 1 2 4 8 4 0 6 / 1 8 / 0 9 4 1 9 E V E N T S E R V I C E S 1 1 1 5 3 0 1 P O R T A P O T T Y 0 3 / 0 9 0 . 0 0 1 5 1 . 5 5 11 1 1 1 1 1 2 4 8 4 0 6 / 1 8 / 0 9 4 1 9 E V E N T S E R V I C E S 1 1 1 5 3 0 1 P O R T A P O T T Y 0 4 / 0 9 0 . 0 0 1 5 2 . 9 5 TO T A L C H E C K 0 . 0 0 6 8 . 5 8 11 1 1 1 1 1 2 4 8 5 0 6 / 1 8 / 0 9 7 2 4 F A G I A N O , T O N Y 1 1 1 5 2 0 1 T C S A - 0 6 / 1 1 0 . 0 0 2 0 . 0 0 11 1 1 1 1 1 2 4 8 6 0 6 / 1 8 / 0 9 5 0 0 F O S T E R , W I L L I A M 1 1 1 P R O J E C T D E P R E F U N D 0 . 0 0 1 , 9 4 5 . 1 5 11 1 1 1 1 1 2 4 8 7 0 6 / 1 8 / 0 9 5 4 2 F U R L O & F U R L O 4 1 1 9 1 4 1 - 0 0 2 S T O R M D R A I N R E P A I R 0 . 0 0 2 4 , 9 9 8 . 0 0 11 1 1 1 1 1 2 4 8 8 0 6 / 1 8 / 0 9 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 1 1 1 5 2 0 1 A L O H A / H W 9 0 . 0 0 2 , 1 7 8 . 0 0 11 1 1 1 1 1 2 4 8 9 0 6 / 1 8 / 0 9 6 7 1 G U E R R A C O N S T R U C T I O N G R O U 4 1 1 R E T E N T I O N 0 . 0 0 - 1 , 1 0 7 . 7 5 11 1 1 1 1 1 2 4 8 9 0 6 / 1 8 / 0 9 6 7 1 G U E R R A C O N S T R U C T I O N G R O U 4 1 1 R E T E N T I O N 0 . 0 0 - 7 , 0 8 1 . 7 0 11 1 1 1 1 1 2 4 8 9 0 6 / 1 8 / 0 9 6 7 1 G U E R R A C O N S T R U C T I O N G R O U 4 1 1 R E T E N T I O N 0 . 0 0 - 1 , 4 6 6 . 6 1 11 1 1 1 1 1 2 4 8 9 0 6 / 1 8 / 0 9 6 7 1 G U E R R A C O N S T R U C T I O N G R O U 4 1 1 9 1 1 1 - 0 0 1 A N N U A L C O N C R E T E R P R 0 . 0 0 8 5 , 4 8 3 . 0 3 11 1 1 1 1 1 2 4 8 9 0 6 / 1 8 / 0 9 6 7 1 G U E R R A C O N S T R U C T I O N G R O U 4 1 1 9 1 4 1 - 0 0 1 A N N U A L C O N C R E T E R P R 0 . 0 0 1 1 , 0 7 7 . 5 0 TO T A L C H E C K 0 . 0 0 8 6 , 9 0 4 . 4 7 11 1 1 1 1 1 2 4 9 0 0 6 / 1 8 / 0 9 5 0 0 H A S T I N G S , L A U R A 1 1 1 6 1 0 1 C A N C E L L E D C L A S S 0 . 0 0 1 1 5 . 0 0 11 1 1 1 1 1 2 4 9 1 0 6 / 1 8 / 0 9 6 3 I N T E R S T A T E T R A F F I C C O N T R 4 1 1 9 1 1 1 - 0 0 2 R E F L E C T I V E M A R K E R 0 . 0 0 7 6 6 . 9 4 11 1 1 1 1 1 2 4 9 2 0 6 / 1 8 / 0 9 5 0 0 K O N O , S A Y U R I 1 1 1 6 1 0 1 C A N C E L L E D C L A S S 0 . 0 0 3 6 . 0 0 11 1 1 1 1 1 2 4 9 3 0 6 / 1 8 / 0 9 1 0 0 K S A R 1 1 1 8 3 0 1 B R O A D C A S T M T G S 0 5 / 0 9 0 . 0 0 2 , 4 0 0 . 0 0 11 1 1 1 1 1 2 4 9 4 0 6 / 1 8 / 0 9 5 0 0 L A N G S T A F F , K E R R Y 1 1 1 6 1 0 1 C A N C E L L E D C L A S S 0 . 0 0 1 1 5 . 0 0 33 SU N G A R D P U B L I C S E C T O R P A G E N U M B E R : 3 DA T E : 0 6 / 2 4 / 2 0 0 9 C I T Y O F S A R A T O G A A C C T P A 2 1 TI M E : 2 0 : 0 0 : 1 4 C H E C K R E G I S T E R - D I S B U R S E M E N T F U N D SE L E C T I O N C R I T E R I A : t r a n s a c t . c k _ d a t e = ’ 2 0 0 9 0 6 1 8 0 0 : 0 0 : 0 0 . 0 0 0 ’ AC C O U N T I N G P E R I O D : 1 2 / 0 9 F U N D - 0 0 9 - D I S B U R S E M E N T F U N D CA S H A C C T C H E C K N O I S S U E D T - - - - - - - - - - - - - - V E N D O R - - - - - - - - - - - - - B U D G E T U N I T - - - - - D E S C R I P T I O N - - - - - - S A L E S T A X A M O U N T 11 1 1 1 1 1 2 4 9 5 0 6 / 1 8 / 0 9 2 2 4 L O S G A T O S S A R A T O G A 1 1 1 6 1 0 1 R O O M R N T L 7 / 2 0 - 7 / 2 4 0 . 0 0 2 7 0 . 0 0 11 1 1 1 1 1 2 4 9 6 0 6 / 1 8 / 0 9 5 0 0 M A C I A S , G I N I & O ’ C O N N E L L 1 1 1 3 1 0 1 G O V T A C C T C L A S S 0 . 0 0 1 5 0 . 0 0 11 1 1 1 1 1 2 4 9 7 0 6 / 1 8 / 0 9 2 9 1 M A X I M U S C O N S U L T I N G S V C , 1 1 1 3 1 0 1 3 R D 2 0 % I N S T A L L 0 8 / 0 9 0 . 0 0 4 0 0 . 0 0 11 1 1 1 1 1 2 4 9 8 0 6 / 1 8 / 0 9 7 0 3 M C L E A N , D O M I N I Q U E 1 1 1 5 2 0 1 T C S A - 0 6 / 1 1 0 . 0 0 2 0 . 0 0 11 1 1 1 1 1 2 4 9 9 0 6 / 1 8 / 0 9 5 0 0 M E N T Z O S , J E F F 1 1 1 F A C I L I T Y D E P R E F U N D 0 . 0 0 3 0 0 . 0 0 11 1 1 1 1 1 2 5 0 0 0 6 / 1 8 / 0 9 3 3 S K Y T E R R A 1 1 1 7 1 0 2 D I S P A T C H 0 5 / 1 4 - 0 6 / 1 3 0 . 0 0 7 2 . 9 3 11 1 1 1 1 1 2 5 0 1 0 6 / 1 8 / 0 9 5 0 0 M U E L L E R , N A T E 1 1 1 F A C I L I T Y D E P R E F U N D 0 . 0 0 3 0 0 . 0 0 11 1 1 1 1 1 2 5 0 2 0 6 / 1 8 / 0 9 6 7 8 M U N I C I P A L C O D E C O R P O R A T I 1 1 1 2 2 0 1 C O D E S V C 0 5 / 0 9 0 . 0 0 4 2 6 . 0 8 11 1 1 1 1 1 2 5 0 3 0 6 / 1 8 / 0 9 5 7 7 N U T R I T I V E F O O D S , L L C 1 1 1 6 1 0 1 I N S T R U C T O R - C O O K I N G 0 . 0 0 6 3 . 0 0 11 1 1 1 1 1 2 5 0 4 0 6 / 1 8 / 0 9 1 O F F O F S H E R I F F - F I S C A L S V 1 1 1 7 1 0 1 L A W S V C 0 6 / 0 9 0 . 0 0 3 3 0 , 0 2 2 . 4 6 11 1 1 1 1 1 2 5 0 5 0 6 / 1 8 / 0 9 1 4 5 O F F I C E D E P O T I N C . 1 1 1 2 3 0 1 O F F I C E S U P P L I E S 0 . 0 0 5 . 5 8 11 1 1 1 1 1 2 5 0 5 0 6 / 1 8 / 0 9 1 4 5 O F F I C E D E P O T I N C . 1 1 1 2 1 0 1 O F F I C E S U P P L I E S 0 . 0 0 9 8 . 3 3 11 1 1 1 1 1 2 5 0 5 0 6 / 1 8 / 0 9 1 4 5 O F F I C E D E P O T I N C . 6 2 1 3 1 0 2 C O P Y P A P E R 0 . 0 0 5 9 0 . 7 0 11 1 1 1 1 1 2 5 0 5 0 6 / 1 8 / 0 9 1 4 5 O F F I C E D E P O T I N C . 1 1 1 2 3 0 1 O F F I C E S U P P L I E S 0 . 0 0 3 8 . 6 4 11 1 1 1 1 1 2 5 0 5 0 6 / 1 8 / 0 9 1 4 5 O F F I C E D E P O T I N C . 1 1 1 2 1 0 1 O F F I C E S U P P L I E S 0 . 0 0 1 0 7 . 3 3 11 1 1 1 1 1 2 5 0 5 0 6 / 1 8 / 0 9 1 4 5 O F F I C E D E P O T I N C . 1 1 1 2 3 0 1 O F F I C E S U P P L I E S 0 . 0 0 1 4 . 8 6 11 1 1 1 1 1 2 5 0 5 0 6 / 1 8 / 0 9 1 4 5 O F F I C E D E P O T I N C . 1 1 1 2 3 0 1 O F F I C E S U P P L I E S 0 . 0 0 2 4 . 0 0 TO T A L C H E C K 0 . 0 0 8 7 9 . 4 4 11 1 1 1 1 1 2 5 0 6 0 6 / 1 8 / 0 9 6 0 O N T R A C 1 1 1 2 1 0 1 S H U T E M I H A L Y - 0 5 / 1 3 0 . 0 0 9 . 4 5 11 1 1 1 1 1 2 5 0 7 0 6 / 1 8 / 0 9 1 7 3 P A C I F I C G A S & E L E C T R I C 1 1 1 5 3 0 1 S A R A L I B R A R Y 0 . 0 0 1 3 . 7 5 11 1 1 1 1 1 2 5 0 8 0 6 / 1 8 / 0 9 5 0 0 P A I S L E Y , D I A N A 1 1 1 6 1 0 1 C A N C E L L E D C A M P 0 . 0 0 2 9 9 . 0 0 11 1 1 1 1 1 2 5 0 9 0 6 / 1 8 / 0 9 8 2 S A N J O S E B L U E P R I N T 4 1 3 9 3 7 4 - 0 0 1 B L U E P R I N T S / B I N D I N G 0 . 0 0 2 3 5 . 4 9 11 1 1 1 1 1 2 5 0 9 0 6 / 1 8 / 0 9 8 2 S A N J O S E B L U E P R I N T 1 1 1 4 2 0 1 P R I N T S / B I N D I N G 0 . 0 0 4 6 1 . 5 3 TO T A L C H E C K 0 . 0 0 6 9 7 . 0 2 11 1 1 1 1 1 2 5 1 0 0 6 / 1 8 / 0 9 8 7 S A N J O S E W A T E R C O M P A N Y 6 2 4 6 2 0 2 B U I L D I N G S 0 . 0 0 5 9 0 . 5 0 11 1 1 1 1 1 2 5 1 0 0 6 / 1 8 / 0 9 8 7 S A N J O S E W A T E R C O M P A N Y 1 1 1 5 3 0 1 P A R K S / O P E N S P A C E 0 . 0 0 7 , 3 3 9 . 7 9 11 1 1 1 1 1 2 5 1 0 0 6 / 1 8 / 0 9 8 7 S A N J O S E W A T E R C O M P A N Y 2 4 5 5 3 0 2 F R E D E R I C K S B U R G 0 . 0 0 3 0 . 9 2 11 1 1 1 1 1 2 5 1 0 0 6 / 1 8 / 0 9 8 7 S A N J O S E W A T E R C O M P A N Y 2 4 6 5 3 0 2 G R E E N B R I A R 0 . 0 0 1 7 0 . 5 5 11 1 1 1 1 1 2 5 1 0 0 6 / 1 8 / 0 9 8 7 S A N J O S E W A T E R C O M P A N Y 2 5 1 5 3 0 2 M C C A R T Y S V I L L E 0 . 0 0 2 8 4 . 8 7 11 1 1 1 1 1 2 5 1 0 0 6 / 1 8 / 0 9 8 7 S A N J O S E W A T E R C O M P A N Y 2 5 5 5 3 0 2 T R I C I A W O O D S 0 . 0 0 4 1 . 6 3 11 1 1 1 1 1 2 5 1 0 0 6 / 1 8 / 0 9 8 7 S A N J O S E W A T E R C O M P A N Y 2 4 1 5 3 0 2 A R R O Y O D E S A R A T O G A 0 . 0 0 1 9 7 . 9 3 11 1 1 1 1 1 2 5 1 0 0 6 / 1 8 / 0 9 8 7 S A N J O S E W A T E R C O M P A N Y 2 4 8 5 3 0 2 L E U T A R C O U R T 0 . 0 0 5 1 . 4 1 11 1 1 1 1 1 2 5 1 0 0 6 / 1 8 / 0 9 8 7 S A N J O S E W A T E R C O M P A N Y 2 4 2 5 3 0 2 B O N N E T W A Y 0 . 0 0 1 8 8 . 3 9 11 1 1 1 1 1 2 5 1 0 0 6 / 1 8 / 0 9 8 7 S A N J O S E W A T E R C O M P A N Y 2 5 2 5 3 0 2 P R I D E S C R O S S I N G 0 . 0 0 2 3 1 . 0 8 11 1 1 1 1 1 2 5 1 0 0 6 / 1 8 / 0 9 8 7 S A N J O S E W A T E R C O M P A N Y 2 7 2 5 3 0 2 B E L L G R O V E 0 . 0 0 4 , 3 1 5 . 0 2 11 1 1 1 1 1 2 5 1 0 0 6 / 1 8 / 0 9 8 7 S A N J O S E W A T E R C O M P A N Y 2 4 4 5 3 0 2 C U N N I N G H A M / G L A S G O W 0 . 0 0 1 4 3 . 4 0 34 SU N G A R D P U B L I C S E C T O R P A G E N U M B E R : 4 DA T E : 0 6 / 2 4 / 2 0 0 9 C I T Y O F S A R A T O G A A C C T P A 2 1 TI M E : 2 0 : 0 0 : 1 4 C H E C K R E G I S T E R - D I S B U R S E M E N T F U N D SE L E C T I O N C R I T E R I A : t r a n s a c t . c k _ d a t e = ’ 2 0 0 9 0 6 1 8 0 0 : 0 0 : 0 0 . 0 0 0 ’ AC C O U N T I N G P E R I O D : 1 2 / 0 9 F U N D - 0 0 9 - D I S B U R S E M E N T F U N D CA S H A C C T C H E C K N O I S S U E D T - - - - - - - - - - - - - - V E N D O R - - - - - - - - - - - - - B U D G E T U N I T - - - - - D E S C R I P T I O N - - - - - - S A L E S T A X A M O U N T 11 1 1 1 1 1 2 5 1 0 0 6 / 1 8 / 0 9 8 7 S A N J O S E W A T E R C O M P A N Y 2 7 3 5 3 0 2 G A T E W A Y P R O J E C T 0 . 0 0 5 5 6 . 5 4 TO T A L C H E C K 0 . 0 0 1 4 , 1 4 2 . 0 3 11 1 1 1 1 1 2 5 1 1 0 6 / 1 8 / 0 9 5 0 0 S A N C H E Z , K E L E I G H 1 1 1 F A C I L I T Y D E P R E F U N D 0 . 0 0 3 0 0 . 0 0 11 1 1 1 1 1 2 5 1 2 0 6 / 1 8 / 0 9 5 0 0 S A R A T O G A U N I O N S C H O O L D I 1 1 1 F A C I L I T Y D E P R E F U N D 0 . 0 0 3 0 0 . 0 0 11 1 1 1 1 1 2 5 1 3 0 6 / 1 8 / 0 9 7 2 0 S C C O U N T Y C I T Y M A N A G E R S ’ 1 1 1 2 1 0 1 6 / 2 4 T R A I N I N G - D A V E 0 . 0 0 2 7 . 0 0 11 1 1 1 1 1 2 5 1 3 0 6 / 1 8 / 0 9 7 2 0 S C C O U N T Y C I T Y M A N A G E R S ’ 1 1 1 2 1 0 1 6 / 2 4 T R A I N I N G - P O W E L L 0 . 0 0 2 7 . 0 0 11 1 1 1 1 1 2 5 1 3 0 6 / 1 8 / 0 9 7 2 0 S C C O U N T Y C I T Y M A N A G E R S ’ 1 1 1 2 3 0 1 6 / 2 4 T R A I N I N G - M O N I C A 0 . 0 0 2 7 . 0 0 11 1 1 1 1 1 2 5 1 3 0 6 / 1 8 / 0 9 7 2 0 S C C O U N T Y C I T Y M A N A G E R S ’ 1 1 1 2 1 0 1 6 / 2 4 T R A I N I N G - D E B B I E 0 . 0 0 2 7 . 0 0 11 1 1 1 1 1 2 5 1 3 0 6 / 1 8 / 0 9 7 2 0 S C C O U N T Y C I T Y M A N A G E R S ’ 1 1 1 2 1 0 1 6 / 2 4 T R A I N I N G - M O R R O W 0 . 0 0 2 7 . 0 0 TO T A L C H E C K 0 . 0 0 1 3 5 . 0 0 11 1 1 1 1 1 2 5 1 4 0 6 / 1 8 / 0 9 5 0 5 S C F I R E D E P A R T M E N T 1 1 1 6 1 0 1 I N S T R U C T O R - C P R 0 . 0 0 9 . 0 0 11 1 1 1 1 1 2 5 1 5 0 6 / 1 8 / 0 9 5 0 0 S C A L F , K A T H R Y N 1 1 1 F A C I L I T Y D E P R E F U N D 0 . 0 0 3 0 0 . 0 0 11 1 1 1 1 1 2 5 1 6 0 6 / 1 8 / 0 9 1 3 6 S C O T T Y ’ S A U T O M O T I V E 6 2 3 5 2 0 2 M A I N T E N A N C E V E H 1 0 0 0 . 0 0 6 3 . 8 9 11 1 1 1 1 1 2 5 1 6 0 6 / 1 8 / 0 9 1 3 6 S C O T T Y ’ S A U T O M O T I V E 6 2 3 5 2 0 2 M A I N T E N A N C E V E H 1 0 9 0 . 0 0 3 8 0 . 1 5 11 1 1 1 1 1 2 5 1 6 0 6 / 1 8 / 0 9 1 3 6 S C O T T Y ’ S A U T O M O T I V E 6 2 3 5 2 0 2 M A I N T E N A N C E V E H 1 1 3 0 . 0 0 6 4 . 9 3 TO T A L C H E C K 0 . 0 0 5 0 8 . 9 7 11 1 1 1 1 1 2 5 1 7 0 6 / 1 8 / 0 9 7 2 2 S E R R A N O , A L F O N S O 1 1 1 5 2 0 1 T C S A - 0 6 / 1 1 0 . 0 0 2 0 . 0 0 11 1 1 1 1 1 2 5 1 8 0 6 / 1 8 / 0 9 1 5 0 S H I N N C O R I N N E A 1 1 1 4 1 0 1 P L A N N I N G M T G 4 / 2 2 0 . 0 0 4 5 0 . 0 0 11 1 1 1 1 1 2 5 1 9 0 6 / 1 8 / 0 9 5 0 0 S T A M O S , M A R Y E L L E N 1 1 1 6 1 0 1 C A N C E L L E D C L A S S 0 . 0 0 1 1 9 . 0 0 11 1 1 1 1 1 2 5 2 0 0 6 / 1 8 / 0 9 5 0 0 S T A R R , J U L I E 1 1 1 F A C I L I T Y D E P R E F U N D 0 . 0 0 3 0 0 . 0 0 11 1 1 1 1 1 2 5 2 1 0 6 / 1 8 / 0 9 7 1 9 S T A T E O F C A L I F O R N I A 4 3 1 9 2 7 4 - 0 0 1 P E R M I T F E E - J O E T R A I L 0 . 0 0 1 , 1 0 0 . 0 0 11 1 1 1 1 1 2 5 2 2 0 6 / 1 8 / 0 9 3 3 6 T L C A D M I N I S T R A T O R S 1 1 1 2 3 0 1 M O N T H L Y S V C F E E 5 / 0 9 0 . 0 0 1 0 . 5 0 11 1 1 1 1 1 2 5 2 3 0 6 / 1 8 / 0 9 3 8 5 U N I V E R S A L S W E E P I N G S E R V I 1 1 1 5 1 0 3 S T R E E T S V C 0 5 / 0 9 0 . 0 0 7 , 4 8 9 . 0 0 11 1 1 1 1 1 2 5 2 4 0 6 / 1 8 / 0 9 5 0 0 V E N K A T R A M A N , R A D H I K A 1 1 1 F A C I L I T Y D E P R E F U N D 0 . 0 0 3 0 0 . 0 0 11 1 1 1 1 1 2 5 2 5 0 6 / 1 8 / 0 9 5 0 0 V I L L A L O B O S , J E S U S 1 1 1 F A C I L I T Y D E P R E F U N D 0 . 0 0 1 0 0 . 0 0 11 1 1 1 1 1 2 5 2 6 0 6 / 1 8 / 0 9 5 0 0 W E S T G A T E C H U R C H 1 1 1 P R O J D E P O S I T R E F U N D 0 . 0 0 2 , 6 4 8 . 4 5 11 1 1 1 1 1 2 5 2 7 0 6 / 1 8 / 0 9 5 4 4 W H E E L W O R K S 6 2 3 5 2 0 2 M A I N T E N A N C E V E H 1 0 9 0 . 0 0 2 5 9 . 2 0 11 1 1 1 1 1 2 5 2 8 0 6 / 1 8 / 0 9 5 7 4 Y A M A G A M I ’ S N U R S E R Y 4 1 2 9 2 3 7 - 0 0 1 J U N I P E R S - K M O R A N 0 . 0 0 2 5 5 . 4 9 11 1 1 1 1 1 2 5 2 9 0 6 / 1 8 / 0 9 7 2 1 Y O U N G C H E F S A C A D E M Y 1 1 1 6 1 0 1 I N S T R U C T O R - C O O K I N G 0 . 0 0 1 7 8 . 2 0 11 1 1 1 1 1 2 5 2 9 0 6 / 1 8 / 0 9 7 2 1 Y O U N G C H E F S A C A D E M Y 1 1 1 6 1 0 1 I N S T R U C T O R - C O O K I N G 0 . 0 0 2 3 7 . 6 0 TO T A L C H E C K 0 . 0 0 4 1 5 . 8 0 11 1 1 1 1 1 2 5 3 0 0 6 / 1 8 / 0 9 6 9 6 Z A G T E C H N I C A L S E R V I C E S , 6 2 2 3 2 0 1 I T S U P P O R T S E R V I C E S 0 . 0 0 1 , 0 7 2 . 5 0 35 SU N G A R D P U B L I C S E C T O R P A G E N U M B E R : 5 DA T E : 0 6 / 2 4 / 2 0 0 9 C I T Y O F S A R A T O G A A C C T P A 2 1 TI M E : 2 0 : 0 0 : 1 4 C H E C K R E G I S T E R - D I S B U R S E M E N T F U N D SE L E C T I O N C R I T E R I A : t r a n s a c t . c k _ d a t e = ’ 2 0 0 9 0 6 1 8 0 0 : 0 0 : 0 0 . 0 0 0 ’ AC C O U N T I N G P E R I O D : 1 2 / 0 9 F U N D - 0 0 9 - D I S B U R S E M E N T F U N D CA S H A C C T C H E C K N O I S S U E D T - - - - - - - - - - - - - - V E N D O R - - - - - - - - - - - - - B U D G E T U N I T - - - - - D E S C R I P T I O N - - - - - - S A L E S T A X A M O U N T 11 1 1 1 1 1 2 5 3 1 0 6 / 1 8 / 0 9 4 4 7 Z E E M E D I C A L S E R V I C E 1 1 1 5 3 0 1 M E D I C A L S U P P L I E S 0 . 0 0 1 5 8 . 0 5 11 1 1 1 1 1 2 5 3 1 0 6 / 1 8 / 0 9 4 4 7 Z E E M E D I C A L S E R V I C E 1 1 1 5 2 0 1 M E D I C A L S U P P L I E S 0 . 0 0 1 5 8 . 0 4 TO T A L C H E C K 0 . 0 0 3 1 6 . 0 9 TO T A L C A S H A C C O U N T 0 . 0 0 5 0 7 , 0 7 5 . 9 8 TO T A L F U N D 0 . 0 0 5 0 7 , 0 7 5 . 9 8 TO T A L R E P O R T 0 . 0 0 5 0 7 , 0 7 5 . 9 8 36 SARATOGA CITY COUNCIL MEETING DATE: July 1, 2009 AGENDA ITEM: DEPARTMENT: Finance & Administrative Services CITY MANAGER: Dave Anderson PREPARED BY: Ann Xu, Accountant DEPT HEAD: Mary Furey SUBJECT: Treasurer’s Report for the Month Ended May 31, 2009 RECOMMENDED ACTION The City Council review and accept the Treasurer’s Report for the month ended May 31, 2009. REPORT SUMMARY California government code section 41004 requires that the City Treasurer (the Municipal Code of the City of Saratoga, Article 2-20, Section 2-20.035, designates the City Manager as the City Treasurer) submit to the City Clerk and the legislative body a written report and accounting of all receipts, disbursements, and fund balances. Section 41004. Regularly, at least once each month, the City Treasurer shall submit to the City Clerk a written report and accounting of all receipts, disbursements, and fund balances. He shall file a copy with the legislative body. The following attachments provide various financial data and analysis for the City of Saratoga’s Funds collectively as well as specifically for the City’s General (Operating) Fund, including an attachment from the State Treasurer’s Office of Quarterly LAIF rates from the 1st Quarter of 1977 to present. FISCAL IMPACT Cash and Investments Balance by Fund As of May 31, 2009, the City had $64,156 in cash deposit at Comerica bank, and $16,510,173 on deposit with LAIF. Council Policy on operating reserve funds, adopted on April 20, 1994, states that: for cash flow purposes, to avoid occurrence of dry period financing, pooled cash from all funds should not be allowed to fall below $2,000,000. The total pooled cash balance as of May 31, 2009 is $16,574,329 and exceeds the minimum limit required. Cash Summary Unrestricted Cash Comerica Bank 64,156$ Deposit with LAIF16,510,173$ Total 16,574,329$ 37 CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION The City would not be in compliance with Government Code Section 41004. ALTERNATIVE ACTION N/A FOLLOW UP ACTION N/A ADVERTISING, NOTICING AND PUBLIC CONTACT N/A ATTACHMENTS A – Cash Balances by Fund B – Change in Total Fund Balances by Fund C – Cash and Investments by CIP Project D – Change in Total Fund Balances by CIP Project E – Local Agency Investment Fund (LAIF) Quarterly Apportionment Rates 38 ATTACHMENT A The following table summarizes the City’s total cash and investment balances by Fund. Fund TypesFund Description Cash & Investment Balance at May 31, 2009 General General Fund Reserved: Petty Cash Reserve1,300$ Designated: Designated for Operations2,808,164$ Designated for Economic Uncertainty1,300,000$ Designated for Development Services782,380$ Designated for Environmental Services663,182$ Designated for Uncollected Deposits289,454$ Designated for Carryforward58,386$ Undesignated:3,466,007$ Special Revenue Landscape and Lighting Districts290,193$ CDBG Federal Grants(6,488)$ SHARP Program122,598$ Capital Project Street Projects1,750,919$ Park and Trail Projects948,138$ Facility Improvement Projects1,039,804$ Administrative Projects176,800$ Tree Fine Fund77,222$ CIP Grant Fund251,447$ Gas Tax Fund165,809$ Debt Service Library Bond 435,394$ Internal Service Liability/Risk Management238,555$ Workers Compensation122,276$ Office Stores Fund56,634$ Information Technology Services204,332$ Equipment Maintenance74,144$ Facility Maintenance327,427$ Equipment Replacement 150,685$ IT Replacement333,148$ Trust/Agency Library Fund376,651$ KSAR - Community Access TV69,769$ Total City16,574,329$ 39 ATTACHMENT B CHANGES IN TOTAL FUND BALANCE The following table presents the ending Fund Balances for the City’s major fund types as at May 31, 2009. Fund Description Fund Balance 07/01/08 Increase/ (Decrease) Jul-Apr Current Revenue Current Expenditure Transfers Fund Balance 5/31/09 General Undesignated Unreserved Balance2,216,238 (615,295) 2,127,778 1,338,576 - 2,390,144 Reserved Fund Balance: Petty Cash Reserve1,300 - - - - 1,300 Designated Fund Balances:- - Designated for Operations 2,808,164 - - - - 2,808,164 Designated Economic Uncertainty 1,500,000 - - - (200,000) 1,300,000 Designated for Development 782,380 - - - - 782,380 Designated for Environmental 679,917 - - - (16,735) 663,182 Designated for Uncollected Deposits289,454 - - - - 289,454 Designated for Carryforward58,386 - - - - 58,386 Designated for Capital Improvements1,200,000 - - - (1,200,000) - Special Revenue Landscape/Lighting Districts209,821 89,761 981 10,279 - 290,286 CDBG Federal Grants- 41,244 - 47,732 - (6,488) SHARP Loan93,877 2,055 - - - 95,932 Capital Project Street Projects1,482,982 151,909 - 143,716 - 1,491,175 Park and Trail Projects1,455,178 (608,172) - (6,270) - 853,276 Facility Improvement Projects515,315 346,326 171,042 75,294 - 957,389 Administrative Projects100,841 76,396 - 438 - 176,800 Tree Fine Fund129,566 (45,365) - 6,978 - 77,222 CIP Grant Fund266,476 91,926 119,957 137,127 - 341,232 Gas Tax Fund124,192 144,338 - 106,605 - 161,925 Debt Service Library Bond 853,620 (423,516) 6,160 869 435,394 Internal Service Fund Liability/Risk Management128,689 109,866 - - - 238,555 Workers Compensation47,736 71,194 6,317 2,971 - 122,276 Office Stores Fund32,616 26,159 - 2,141 - 56,634 Information Technology Services 122,541 112,590 - 30,799 - 204,332 Equipment Maintenance13,412 73,790 - 13,058 - 74,144 Building Maintenance101,361 260,558 - 39,487 - 322,432 Equipment Replacement98,109 52,574 - - - 150,684 Technology Replacement316,310 16,838 - - - 333,148 Trust/Agency Library Fund693,929 (314,178) - 3,100 - 376,651 KSAR - Community Access TV38,661 29,301 1,807 - - 69,769 Total City16,361,072 (309,701) 2,434,042 1,952,900 (1,416,735) 15,115,778 40 ATTACHMENT C CASH AND INVESTMENTS BALANCES BY CIP PROJECT The following table details the cash balances for each project in the Streets, Parks & Trails, Facility Improvements, and Administrative Project Program Funds. CIP Funds/Projects Cash & Investment Balance at May 31, 2009 Street Projects1,750,919$ Park and Trail Projects948,138$ Facility Improvement Projects1,039,804$ Administrative Projects 176,800$ Tree Fine Fund 77,222$ CIP Grant Fund 251,447$ Gas Tax Fund 165,809$ Total CIP Funds4,410,138$ 41 ATTACHMENT D FUND BALANCES BY CIP PROJECT The following table details the fund balances for each project in the Streets, Parks & Trails, Facility Improvements, and Administrative Project Program Funds. CIP Funds/Projects Fund Balance 07/01/08 Increase/ (Decrease) Jul-Apr Current Revenue Current Expenditure Transfers Fund Balance 5/31/09 Street Projects Traffic Safety 11,757 113,976 - 27,315 98,418 Highway 9 Safety Project 55,460 (10,331) - - 45,129 Annual Street Resurfacing Project 79,151 (283,139) - 86,455 (290,444) Sidewalks Annual Project (3,564) 34,137 - 561 30,013 Saratoga Sunnyvale Road Resurfacing - 64,972 - - 64,972 Traffic Signal @ Verde Vista Lane 90,000 - - - 90,000 Fourth Street Bridge 100,000 - - - 100,000 Quito Road Bridge Replacement Design 9,730 - - 715 9,015 Quito Road Bridge Construction 115,726 - - - 115,726 Village Newsrack Enclosure23,384 (77) - - 23,307 Village Façade Program19,430 (615) - - 18,815 Solar Power Radar Feedback Signs24,158 - - - 24,158 El Quito Area Curb Replacement37,553 - - - 37,553 Sobey Road Culvert Repair150,000 - - - 150,000 Annual Storm Drain Upgrade - 25,244 - - 25,244 Village Trees & Lights at Sidestreets31,965 (250) - 3,770 27,945 Village Pedestrian Enhancement115,000 (68,127) - 28,669 18,204 Prospect Road Median1,556 165,406 - (3,770) 170,732 City Entrance Sign/Monument23,788 - - - 23,788 Village-Streetscape Impv 540,665 (16,065) - - 524,600 Saratoga-Sunnyvale/Gateway Sidewalk57,224 (55,642) - - 1,582 Comer Drive Retaining Wall- 182,420 - - 182,420 Total Street Projects 1,482,982 151,909 - 143,716 - 1,491,175 Parks & Trails Hakone Garden Koi Pond50,000 (850) - - 49,150 EL Quito Park Improvements118,209 (74,305) - - 43,905 Wildwood Park - Water Feature/Seating7,199 - - - 7,199 Historical Park Landscape37,200 - - 3,310 33,890 Hakone Garden Retaining Wall & D/W142,829 - - - 142,829 Hakone Garden Upper Moon House - 125,000 - - 125,000 DeAnza Trail- (1,645) - - (1,645) Kevin Moran Improvements982,259 (619,853) - (12,798) 375,204 West Valley Soccer Field(58,507) (9,317) - 3,218 (71,041) Park/Trail Repairs21,130 (13,382) - - 7,748 Heritage Orchard Path6,153 (6,153) - - - Trail Segment #3 Repair7,912 (275) - - 7,637 Teerlink Ranch Trail22,242 (7,392) - - 14,850 CIP Allocation Fund118,552 - - - 118,552 Total Parks & Trails 1,455,178 (608,172) - (6,270) - 853,276 Facility Improvements Civic Center Landscape13,384 - - - 13,384 Warner Hutton House Improvements5,868 - - - 5,868 Facility Projects39,735 (5,336) 171,042 37,253 168,188 Fire Alarm at McWilliams & Museum11,371 - - - 11,371 North Campus Improvements443,195 (366,179) - 33,055 43,961 North Campus - Bldg Removal- 73,250 - - 73,250 City Hall - Cool Roofs- - - - - Multi-Purpose Room Fund- 250,000 - - 250,000 Corp Yard Solar Project- 93,250 - - 93,250 Library HVAC Upgrade- 286,342 - 4,987 281,355 Library - EXT Improvement- 5,000 - - 5,000 McWilliams House Improvement- 10,000 - - 10,000 Historical Park Fire Alarm System1,762 - - - 1,762 Total Facility Improvements 515,315 346,326 171,042 75,294 - 957,389 Administrative Projects Financial System Upgrade8,516 (4,982) - - 3,534 Document Imaging Project92,325 (6,972) - (1,802) 87,154 CDD Document Imaging Project- 42,032 - 2,239 39,792 Website Development Project- 40,317 - - 40,317 KSAR Equip Upgrades- 6,002 - - 6,002 Total Administrative Projects 100,841 76,396 - 438 - 176,800 Tree Fine Fund Tree Fine Fund 129,566 (45,365) - 6,978 77,222 CIP Fund CIP Grant Fund 266,476 91,926 119,957 137,127 341,232 Gax Fund Gas Tax Fund 124,192 144,338 - 106,605 161,925 Total CIP Funds4,074,549 157,358 290,999 463,888 - 4,059,018 42 ATTACHMENT E 43 SARATOGA CITY COUNCIL MEETING DATE: July 1, 2009 AGENDA ITEM: DEPARTMENT: Finance & Admin Services CITY MANAGER: Dave Anderson PREPARED BY: Mary Furey DIRECTOR: Mary Furey SUBJECT: Citizen Options for Public Safety - Supplemental Law Enforcement Services Funds Grant (COPS/SLESF) RECOMMENDED ACTION: Adopt resolution authorizing the continued use of the Citizen Options for Public Safety Program’s Supplemental Law Enforcement Services (COPS/SLESF) grant as a source of funds for additional public safety services. REPORT SUMMARY: Assembly Bill 3229, Chapter 134, Statue of 1996, established the Citizen’s Option for Public Safety (COPS) Program. Under this program, compliant cities are allocated a proportionate share of COPS funds by the State, for the exclusive purpose of funding supplemental front line law enforcement services. Proportionate shares are based on population estimates determined by the California Department of Finance. Under the standard grant program allocation, the City of Saratoga is eligible to receive a grant amount of $100,000 each year. Funds from this program cannot supplant existing funding and are to be used for personnel and/or equipment. On an annual basis, the spending plan of the City must be submitted to the County’s Supplemental Law Enforcement Oversight Committee for review and certification. Upon Council’s approval authorizing the use of these grant funds, this report and attached resolution will be submitted to the County to provide compliance with this requirement. FISCAL IMPACTS: For Fiscal Year 2009/10 the City of Saratoga proposes to allocate the $100,000 COPS/Supplemental Law Enforcement Services Fund (SLESF) grant funding for the supplemental law enforcement and patrol officer hours and school resource officer, as provided by Santa Clara County Sheriff’s Office. The proposed contract with the Santa Clara County Sheriff’s Office for Fiscal Year 2009/10 will include the following supplemental services: 1. 1,046 additional law enforcement at a cost of $155,896 2. 3,889 additional patrol hours at a cost of $463,985 3. 200 additional patrol hours at a cost of $26,326 4. School Resource Officer at a flat fee of $144,000 44 The $100,000 in Supplemental Law Enforcement Services Funding pays for 12.65% of the additional services in the FY 2009/10 contract. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City would become ineligible for the $100,000 in Supplemental Law Enforcement Services Fund grant funding. ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Direct the City Clerk to send a copy of the report; a certified copy of the resolution; and the Supplemental Law Enforcement Form, to the County of Santa Clara, Office of the District Attorney. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A – Resolution Attachment B – Supplemental Law Enforcement Form CC: Captain Terry Calderone (electronically – Terry.Calderone@sho.co.santa-clara.ca.us) 45 ATTACHMENT A RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA REPORTING THE USE OF SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUNDS (SLESF) FOR FISCAL YEAR 2009/10 WHEREAS, the State of California has made additional funding available to supplement City funds for front line municipal public safety services; WHEREAS, the City of Saratoga has determined the best use of the SLESF funds is to improve public safety with supplemental patrol officer hours and neighborhood resource officer; WHEREAS, the City of Saratoga is required to report planned use of such funds to the County of Santa Clara, Office of the District Attorney annually; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga hereby resolves to approve the use of the $100,000 available from the Supplemental Law Enforcement Services Fund for supplemental patrol officer hours and school resource officer; AND BE IT FURTHER RESOLVED, that the City Council wishes to notify the District Attorney’s Office of their approved spending plan by copy of this resolution. The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 1st day of July, 2009 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Chuck Page, Mayor ATTEST: _____________________________ Ann Sullivan, City Clerk 46 ATTACHMENT B BEGINNING FUND BALANCE -$ Prior Year Adjustment - Prior Year Encumbrance Reversals - RESTATED FUND BALANCE -$ REVENUES State Funding 100,000 Interest Revenue - Other Revenue - TOTAL REVENUES 100,000$ EXPENDITURES Salaries & Benefits 100,000 Services & Supplies - Equipment - Administrative Overhead - TOTAL EXPENDITURES 100,000$ ENCUMBRANCES Current Year Services & Supplies - Equipment - Total Current Year -$ NET CHANGE IN FUND BALANCE -$ ENDING FUND BALANCE -$ Hours Rate Cost Additional General Law Enforcement Hours 1,046.00 149.04 155,896 Supplemental Patrol Hours 3,888.90 119.31 463,985 Investigative Hours 200.00 131.63 26,326 School Resource Officer Flat Rate 144,000 Total Supplemental Cost 790,206 Percent paid by SLESF Funds 12.65% From SCC Sheriff's FY 2009/10 Contract Proposal dated 4/30/2009 SUPPLEMENTAL SERVICES EXPENSE SUPPLEMENTAL LAW ENFORCEMENT STANDARIZED FORM Oversight Committee Summary For FY 2009/10 47 SARATOGA CITY COUNCIL MEETING DATE: July 1, 2009 AGENDA ITEM: DEPARTMENT: Finance & Administrative Services CITY MANAGER: Dave Anderson PREPARED BY: Mary Furey DIRECTOR: Mary Furey SUBJECT: Property Tax Levy for Debt Service Payments on the Library General Obligation Bonds RECOMMENDED ACTION The City Council adopt the attached resolution which sets the FY 2009/10 property tax levy rate for the Library General Obligation Bonds at $.0094 per $100 of Assessed Valuation to provide for the Library Bond’s debt service requirements over the fiscal year. REPORT SUMMARY Background In March 2000, the citizens of Saratoga approved the issuance of City of Saratoga General Obligation Bonds to pay for improvements to the City’s library building. The General Obligation Bonds were issued in May of 2001, and the debt service payments began in February 2002. With this bond approval, property owners are to be assessed an additional property tax levy over thirty years to fund the debt service resulting from the bond issuance. The levy is assessed on property tax bills as a percentage of property tax valuation, as are school and Water District bonds. The County of Santa Clara requires that local jurisdictions approve and submit an annual tax levy to the County each year to determine the annual assessment rate to charge property owners in order to fund the debt service payments (principal and interest). The tax levy rate adjusts each year due to ongoing increases in property values. As Santa Clara County’s Auditor-Controller’s Office does not provide a secured assessed valuation report for the upcoming fiscal year until days before the tax levy rate is due to the County on August 1st, (not leaving enough time for the Council to approve the levy), a property tax assessed value estimate from the Assessor’s most recent Secured Property Roll Growth Comparison report is used to prepare the tax rate calculation. Discussion In prior years, the City’s tax levy rate was structured to yield an amount approximately equal to the fiscal year’s debt service, however with rising property tax growth, receipts surpassed debt service payments each year, and the Debt Fund reserves now greatly exceed debt service payment requirements. To reduce fund balance, the property tax levy calculation shown on the next page is structured to provide less than debt service payments which will in turn lower property tax owner’s levy rates. 48 Fiscal Year 2009/10 Calculation The Library bond’s principal and interest requirements for FY 2009/10 total $1,013,556 as shown: Debt Service – Principal $ 330,000 Debt Service – Interest 683,556 Total Debt Service $ 1,013,556 The assessor’s roll as of June 1, 2009 lists the City of Saratoga’s assessed valuation under the Current Assessor’s Working File (CAWF) in progress for July 1, 2009 at: $10,163,045,520. The property tax levy is then subsequently determined by dividing the annual recovery amount per $100 of estimated assessed valuation: Property Tax Levy Calculation: Debt Service recovery amount $ 950,000 Divided per $100 of estimated valuation $ 101,630,455 Property Tax Levy Rate: .0094 (rounded to 4 decimals per Assessor) Therefore, it is projected that a property tax levy rate of .0094 per $100 of assessed valuation will fund $950,000 of the $1,013,556 of debt service payments in FY 2009/10, thereby lowering the debt service fund balance from the estimated $977,938 year end fund balance to $912,382 (exceeding August’s $676,728 bond payment). For historical reference, the following schedule displays the City’s adopted annual property tax levy rates since first assessed in FY 2002/03: Fiscal Year Tax Levy Rate 2002/03 0.01650 2003/04 0.01210 2004/05 0.01484 2005/06 0.01170 2006/07 0.00955 2007/08 0.01130 2008/09 0.01040 FISCAL IMPACT The tax levy funds the annual debt service requirements of the voter approved General Obligation Bond, and tax revenues are included in the City’s operating budget, within the Library Bond Debt Service Fund. A reserve balance is maintained in the Library Bond Fund to provide sufficient funding for the debt service prior to the property tax levy remittance to the City. With the adoption of this property tax levy, the debt service payment is funded with the supplemental tax assessment, and would not impact city operations. ALTERNATIVE ACTION The Council could choose to approve an alternative property tax levy rate, or to not approve a tax levy rate. If the property tax levy is not approved, supplemental funds would not be collected by the Santa Clara County Tax Assessor for the debt service related to the Library General Obligation Bond, and the debt service payments would be funded from City reserves. 49 FOLLOW UP ACTION Direct the City Clerk to send a certified copy of the resolution setting the property tax levy for the Library General Obligation Bond no later than August 1st to: Mu-Hua Cheng County of Santa Clara Controller-Treasurer Department 70 West Hedding Street, East Wing, 2nd Floor San Jose, CA 95110-1705 ADVERTISING, NOTICING AND PUBLIC CONTACT N/A ATTACHMENTS A: Library Bond Debt Service Schedule B. Resolution authorizing the Tax Rate Levy for the General Obligation Bonds and report the levy rate to the Santa Clara County Tax Collector. 50 August August February Fiscal Year Bond Fiscal Interest Annual Interest Interest Annual Debt Principal Year Rate Principal Payment Payment Interest Service Balance @ YE Initial Bond Offering at May 9, 2001 - - 15,000,000 2001/02 5.000%- - 588,942 588,942 588,942 15,000,000 2002/03 5.000%60,000 392,628 391,128 783,756 843,756 14,940,000 2003/04 5.000%245,000 391,128 385,003 776,131 1,021,131 14,695,000 2004/05 5.000%255,000 385,003 378,628 763,631 1,018,631 14,440,000 2005/06 5.000%270,000 378,628 371,878 750,506 1,020,506 14,170,000 2006/07 5.000%280,000 371,878 364,878 736,756 1,016,756 13,890,000 2007/08 6.000%295,000 364,878 356,028 720,906 1,015,906 13,595,000 2008/09 6.000%310,000 356,028 346,728 702,756 1,012,756 13,285,000 2009/10 6.000%330,000 346,728 336,828 683,556 1,013,556 12,955,000 2010/11 6.000%350,000 336,828 326,328 663,156 1,013,156 12,605,000 2011/12 6.000%370,000 326,328 315,228 641,556 1,011,556 12,235,000 2012/13 5.000%395,000 315,228 305,353 620,581 1,015,581 11,840,000 2013/14 5.000%415,000 305,353 294,978 600,331 1,015,331 11,425,000 2014/15 5.000%435,000 294,978 284,103 579,081 1,014,081 10,990,000 2015/16 5.000%455,000 284,103 272,728 556,831 1,011,831 10,535,000 2016/17 5.000%440,000 272,728 261,728 534,456 974,456 10,095,000 2017/18 5.000%460,000 261,728 250,228 511,956 971,956 9,635,000 2018/19 5.000%485,000 250,228 238,103 488,331 973,331 9,150,000 2019/20 5.000%510,000 238,103 225,353 463,456 973,456 8,640,000 2020/21 5.125%535,000 225,353 211,644 436,997 971,997 8,105,000 2021/22 5.125%565,000 211,644 197,166 408,809 973,809 7,540,000 2022/23 5.125%590,000 197,166 182,047 379,213 969,213 6,950,000 2023/24 5.125%625,000 182,047 166,031 348,078 973,078 6,325,000 2024/25 5.250%655,000 166,031 148,838 314,869 969,869 5,670,000 2025/26 5.250%690,000 148,838 130,725 279,563 969,563 4,980,000 2026/27 5.250%730,000 130,725 111,563 242,288 972,288 4,250,000 2027/28 5.250%765,000 111,563 91,481 203,044 968,044 3,485,000 2028/29 5.250%805,000 91,481 70,350 161,831 966,831 2,680,000 2029/30 5.250%850,000 70,350 48,038 118,388 968,388 1,830,000 2030/31 5.250%890,000 48,038 24,675 72,713 962,713 940,000 2031/32 5.250%940,000 24,675 - 24,675 964,675 - TOTALS 15,000,000 7,480,416 7,676,730 15,157,146 30,157,146 Total Bond Principal 15,000,000 Total Bond Interest 15,157,146 Total Cost of Bond 30,157,146 City of Saratoga 2001 Series General Obligation Bonds Debt Schedule 51 Attachment A RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA ESTABLISHING THE PROPERTY TAX LEVY FOR THE DEBT SERVICE OF THE LIBRARY GENERAL OBLIGATION BOND FOR 2009/10 AT $.0094 PER $100 OF ASSESSED VALUATION WHEREAS, in March 2000, the citizens of Saratoga approved an increase in their property tax rate to pay for the debt service and other expenses of the general obligation bonds for construction of the Library, and WHEREAS, the general obligation bonds were sold on April 24, 2001, and WHERAS, it is necessary for the City Council of the City of Saratoga to establish an annual property tax levy to provide funds for debt service payments and related expenditures due in FY 2009/10. NOW, THEREFORE, BE IT RESOLVED that the 2009/10 Property Tax Levy rate for debt service on the Library General Obligation Bonds be established at $.0094 per $100 of assessed valuation. The above and foregoing resolution was passed and adopted at an adjourned meeting of the Saratoga City Council held on the 1st day of July 2009 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Chuck Page, Mayor City of Saratoga ATTEST: ____________________________ Ann Sullivan, City Clerk City of Saratoga 52 Page 1 of 2 SARATOGA CITY COUNCIL MEETING DATE: July 1, 2009 AGENDA ITEM: DEPARTMENT: Public Works CITY MANAGER: Dave Anderson PREPARED BY: Iveta Harvancik DIRECTOR: John Cherbone Senior Engineer Public Works Director SUBJECT: Approval of Security Lighting in Parker Ranch Open Space RECOMMENDED ACTION: Approve Resolution allowing Parker Ranch Home Owner Association to install Safety Lights in Private Open Space. REPORT SUMMARY: Parker Ranch Homeowners Association (PRHA) is requesting the City’s approval to install two motion- activated flood lights in the Parker Ranch private open space knoll area close to Vista Arroyo Court. Per the attached letter, the knoll area has been subject to visits from individuals not residing in the Parker Ranch subdivision causing substantial noise, littering, and performing illegal activities. These activities occur all year round, at all hours of the day and night. Over the years, the security at the knoll has been improved by installation of signs and motion-activated flood lights along the street. To further enhance the safety at the knoll, which is the area of the biggest concern, the PRHA is planning to install there two more lights. Any alteration to the Open Space, where the knoll is located, including the installation of the lights is subject to restrictions specified in the Parker Ranch Covenants, Conditions and Restrictions (CC&Rs). According to Article VII, Section 16 of the CC&Rs, the City must provide written approval for any alteration to the open space. The lights will improve safety in the open space after dark, when many of the illegal activities occur. The PRHA Board and all of the surrounding property owners have already approved the lights installation. Therefore, it is recommended that the City Council approve installation of one or two motion-activated flood lights as an alteration to the open space. FISCAL IMPACTS: No fiscal impact to the City. 53 Page 2 of 2 CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The security lights will not be installed. ALTERNATIVE ACTION: None in addition to the above. FOLLOW UP ACTION: Parker Ranch Homeowners Association will install two more motion-activated floodlights. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: 1. Resolution of Approval 2. Letter from Drew Perkins, Parker Ranch Homeowners Association Director 3. Parker Ranch Covenants, Conditions and Restrictions 54 RESOLUTION NO. 09- _____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPROVING SECURITY LIGHTING IN THE PARKER RANCH SUBDIVISION WHEREAS, the Parker Ranch Covenants, Conditions and Restrictions require the approval of the City of Saratoga for any alteration to specified open space areas; and WHEREAS, the Parker Ranch Homeowners Association (PRHA) has requested the City’s approval for installation of two motion-activated flood lights in the Parker Ranch private open space knoll area close to Vista Arroyo Court. The PRHA Board and all of the surrounding property owners have approved the installation. WHEREAS, the PRHA has documented numerous instances of substantial noise, littering, and other illegal activities in the area. WHEREAS, the PHRA has worked to improve security by installing signs and motion-activated flood lights along the street near the area but these efforts have not succeeded in substantially reducing the improper use of the area. WHEREAS, City staff have reviewed the request and report that the lights will improve safety in the open space after dark, when many of the illegal activities occur. THEREFORE, THE CITY COUNCIL OF THE CITY OF SARATOGA HEREBY RESOLVES AS FOLLOWS: 1. The Parker Ranch Homeowners Association is authorized to install two motion- activated flood lights in the Parker Ranch private open space knoll area close to Vista Arroyo Court. PASSED AND ADOPTED by the City Council of Saratoga, State of California, this 1st day of July 2009 by the following vote: AYES: NOES: ABSENT: ABSTAIN: _______________________________ Chuck Page, Mayor ATTEST: ___________________________________ Ann Sullivan City Clerk 55 June 22, 2009 To The City Council of the City of Saratoga: As you know, Parker Ranch is a hilly subdivision within the City of Saratoga (the “City”) bounded by Prospect Road, Comer Road and Farr Ranch Road. Parker Ranch has a number of natural open space preserves owned by the Parker Ranch Homeowners Association (the “PRHA”) through which the City maintains an equestrian and pedestrian trail system (the “Trails”). Thanks in part to this trail system, the Parker Ranch open space preserve at the top of Vista Arroyo Court (the “Knoll”) is frequented by many people including people who live outside Parker Ranch (“Non-Homeowners”). Many of the Non- Homeowners who frequent the Knoll go there to admire the views or hike the Trails. Unfortunately, many also go there specifically to party, drink, smoke, use illegal drugs, have sex, fire weapons, etc. – causing substantial noise and ruckus in the area, leaving a lot of litter, endangering the neighboring residents and their guests and posing substantial fire hazards to the open space and homes in Parker Ranch. These activities occur all year round, at all hours of the day and night, and are not restricted to daylight hours. There are many noteworthy examples. Last autumn, a group of young men attempted to set off a homemade bomb at the Knoll. The bomb did not explode as planned but did leave hydrochloric acid on some of the trees and plants. The Sheriff was called but the boys drove away before the Sheriff arrived. Several years ago, another group of young men were witnessed to shoot rifles from the Knoll into the valley below. The Sheriff responded with several cars quickly enough in this case to arrest the boys. Many Non-Homeowners smoke at the Knoll and throw their lit cigarette butts into the open space. People have been seen to do this while looking across the valley to the eastern hills while brushfires there raged on. On another occasion a group of rowdy young men drinking on the Knoll accosted a teenage girl who was visiting a Parker Ranch resident. Over the years, many attempts have been made to improve the security at the Knoll. The City has erected a number of signs that have helped reduce the problem. The Homeowners neighboring the Knoll have each put up motion-activated floodlights along the street. While each action has improved the situation, no one action seems to completely solve it. As the next step towards a final solution, the PRHA Board of Directors (the “Board”) would like to install one or two motion-activated floodlights directly on the Knoll. According to the Parker Ranch Covenants, Conditions and Restrictions (the “CC&Rs”), the City must provide written approval for any alteration to our open space. The Board and all of the surrounding PRHA Homeowners have already approved this provided that the City approves it as well. Therefore, for the safety and well-being of the Parker Ranch homeowners and of the Parker Ranch open space preserve itself, the Board would like to request the City of Saratoga for their written approval. Thank you for your help. Sincerely, Drew Perkins Director, Parker Ranch Homeowners Association 56 Taken from the Official Records of Santa Clara County. March,1999. COVENANTS, CONDITIONS AND RESTRICTIONS FOR PARKER RANCH 57 CITY OF SARATOGA . 13i77 Fruitvale Ave. Saratoga, CA 95070 65038-2 ftC 4 NO DECLARATION OF ·::iV'T. CLE::~ S;~G. 6103, ;.;ITY OF G.\:::.\TOGA COVENANTS, CONDITIONS AND RESTRICTIONS THIS DECLARATION made on the date hereinafter set forth by BLACKhlELL HeNES, a partnership, by L1ACK R. BUICKl~, INC. AND VALIEY TITlE CO'1Pl\NY, a .corQOration f "D 1 " here~na!ter re erred to as ec arant . WITNESSETH: ~ffiEREAS, Declarant is the owner of certain property in the County of Santa Clara, State of California, which is more particularly described as all lots as shown on the subdivision map of that certain Tract No. 6526 • known as THE PARKER RANCH, Unit filed in the office of the County Recorder of Santa Clara County, California, on AuG. liS T Z 3 ,19 79 , in Hap Book 44-B ; at Pages 25, 26 t 27 ,he.reinafter referred to as "Subdi vis ior. Map". NOW THEREFORE, Declarant hereby declares that all of the property described above shall be held, sold and conveyed, subject to the following easements, restrictions, covenants and conditions which are for the purpose of enchancing and protectinE the value, attractiveness and desirability of, and which shall run With, the real property and be ~inding on all parties having any right, title or interest in the described property or any part thereof, their heirs, successors and ass~gns and shall inure to the benefit of each owner thereof. ARTICLE I DEFINITIONS Section 1. "Association" shall mean and refer to THE PARKER RANCH HOMEOWNERS ASSOCIATION, its successors and assigns. Section 2. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any lot which is a part of the property, including contract sellers, but excluding those having such interest merely as security for the perfor- mance of an obligation. Section 3. "Property" shall mean and refer to thil.t certain real property hereinbefore described and such additions thereto as may hereafter be brought within the jurisdiction of the Association by Annexation. Section 4. "Common Area" shall mean all real property owned by the Association for the use and enjoyment of the owners. The Common Area to be owned by the Association at the time of the conveyance is -1 -58 '. that designated on ~~e subdividion mnp known as RAN C H , Tract No, 6:; 26 , Parcel(s) Santa Clara County, California, as "Common Area". E 805 w:327 PA R k£ R AtB Section 5. "Lot" shall mean and refer to any plot of land shown upon the recorded subdivision map of the property with the exception of the Common Area. Section 6. "Declarant" shall mean and refer to B LAC k WEL.L HOMES. t1. PAKTNEBSHIPe VAL LE Y DrL£" COMe. a. CORP and its successors and assigns if such successors or assigns sh0uld acquire more than one undeveloped lot from the declarant for the pur- pose of development. Section 7. "l1ortgage" shall mean and include a deed of trust as well as a mortgage in the conventional sense. Section 8. "Mortgagee" shall mean and include a beneficiary under or holder of a deed of trust as well as a mortgage. Section 9. "Member" shall mean and refer to every person or entity who holds membership in the Association. Section 10. "Board of Directors" shall mean a governing body of the Association, as hereinabove provided, elected pursuant to the provisions of the Declaration. Section 11. "Structure" shall refer to any improvement erected or constructed on the property with the exception of the improved street itself. ARTICLE II BURDENS APPURTENANT TO PROPERTIES Section 1. Upon the conveyance of any portion of the property, each grantee shall accept the same subject to the covenants, conditions and restrictions herein and shall agree to be bound by the same. The burdens imposed by the covenants, conditions and restrictions in this Declaration are to be imposed upon the grantee of all lots, will consti- tute a general scheme for the benefit of all owners and will be imposed upon grantees by express covenants in deeds they receive and shall con- stitute covenants running with the land or equitable servitudes on the land, as the case may be, and are intended to be binding upon the future owner of an interest in the herein described property. Any breach or interference with any of the rights or benefits herein established m~y be enjoined or abated by appropriate .proceedings by Declaranc, ics successors or assigns, the Association, or any other owner. Section 2. Failure to enforce any condition or covenant herein shall not constitute a waiver of the right to do so thereafter. -2 - - 59 ARTICLE III PROPERT'! RIGHTS Section 1. Owner's Easements of Enjoyment: Every owner shall have a ~ight and easement of enjoyment into the Cornmon Area which shall be appurtenant to and shall pass with the title to every lot, subject to the following provisions: (a) The right of the Association to suspend the voting rights and right to use of the Cornmon Area by an owner for any period during which any assessment against his lot remains unpaid; and for a period not to exceed six (6) calendar months for any infraction of its published rules and regulations after a hearing by the Board of Directors of the Association. (b) The right of the Association to dedicate or transfer all or any part of the Common Area to any public agency, authority or utility for such purposes and subject to such conditions as may be agreed to by the members. No such dedication or transfer shall be effective unless an instrument signed by two-thirds (2/3) of each class of members agreein[ to such dedication or transfer has been recorded and the written acceptance of the Agency to whom. it is offered has been obtained. Section 2. Deiegation of Use: Any owner may delegate, in accordance with the By-Laws, his right of enjoyment to the Common Area and facilities (if constructed) to the members of his family, his tenants, or contract purchasers who reside on the property. Section 3. Other Easements: (a) Easements for installation and maintenance of utilities and drainage facilities are shown on the recorded map, as well as open space and scenic easements. Within these easements, no structure, planting, or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities, or which may damage, interfere, or change the direction of flow of drainaee facilities in the easements. The easement area of each lot and all improvements in it shall be maintained continuously by the owner of the lot, or if in a Common Area, by the Association, except for those improvements for which a public authority or utility company is responsible. (b) No dwelling unit and/or other structure of any kind shall be built, erected or maintained upon any such easement, reservation, or right-of-way, and said easements, reservations and rights-of-way shall at all times be open and accessible to public and quasi-public utility corporations, and other persons erecting, constructing or servicing such utilities and quasi-utilities, and to declarant, its successors and assigns, all of whom shall have the right to ingress and egress thereto and there- from, and the right and privilege of doing whatever may be necessary in, under and upon said locations for the carrying out of any of the purposes- of which said easements, reservations and rights-of-way are hereby granted. Section 4. No Partition: There shall be no judicial partition of the Common Area nor shall Declarant or any person acquiring any interest in the property or any part thereof seek any partition thereof. 3 - - 60 ARTICU IV ---.. -- MEMBERSHIP AND VOTING RIGHTS Section 1. Every Owner of a lot which is subject to assessments shall be a member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any lot which is subject to assessment. Section 2. The Association shall have two classes of voting membership as follm.;rs: Class "A": Class "A" members shall be all owners with the exception of the Declarant and shall be entitled to one vote for each lot owned. When more than one person hoLds an interest in any lot, all such persons shall be members and the vote for such lot shall be exercised as they among themselves determine, but in no event shall more than one (1) vote be cast with respect to any lot. Class "B": Class "B" member(s) shall be the Declarant and shall be entitled to three (3) votes for each lot owned. The Class "B" member- ship shall cease and be converted to Class "A" membership on the happening of either of the following events, whichever occurs earlier: (a) When the total votes outstanding in the' Class "A" membership equal or exceed the total votes outstanding in the Class "B" membership; or (b) Forty-Eight (48) months from recording of the first lot conveyed by Declarant. ARTICLE V BOARD OF DIRECTORS Section 1. Elections: At the first annual meeting, the Owners shall elect a Board of Directors consisting of five (5) Owners (or desig- nated representatives of corporate Owners) with two (2) O,.;ners to scrve for a one (1) year term and three (3) Owners to serve for a two (2) year term; provided, however, that the first Board elected hereunder may be elected at a special meeting duly called, said Board to serve until the first annual meeting. Every Owner entitled to vote at any election for members of the Board may cumulate his votes and give one candidate a number of votes equal to the number of members of the Board to be elected, multiplied by the number of votes to which such Owners are other..;rise entitled, or distribute hi& votes on the same principle among as many candidates as he thinks fit. The candidates receiving the highest number of votes up to the number of members of the Board to be elected shall be deemed elected. All votes shall be cast by written ballot. Section 2. Term: Except as provided above, members of the Board shall serve for a term of two (2) years commencing on the first day of the month following the meeting at which they are elected or until their respective successors are elected, or until their death, resignation or removal, whichever is earlier; provided that if any member ceases to be an Owner, his membership on the Boa).:1 shal~ thereupon terminat, Any member may resign at any time by giving written notice to the Secretary, and any -4 -61 member may be removed from membership on the Board by vote of the Owners; provided that unless the entire Board is removed an individual member shall not be removed if the number of votes cast against his removal exceeds sixteen and two-thirds percent (16-2/3%) of the total vote cast in such an election. Section 3. Meetings: Three (3) members of the Board shall constitute a quorum, and if a quorum is present, the decision of a majority of those present shall be the act of the Board. The Board shall elect a President who shall preside over both its meetings and those of the Owners. In the case of a tie vote at a Board Meeting, the existing President of the Board of Directors shall cast the deciding vote. Meetings of the Board may be ~alled, held and conducted in accordance with such regulations as the Board may adopt. The Board may also act without a meeting by unanimous written consent of its members. The first annual meeting of Owners shall be called by Declarant within six (6) calendar months after the conveyance of a lot to an Owner. Section 4. Affidavit: Until the election of a Board of Directors, Declarant shall exercise all of the pm-ler, rights, duties and functions of the Board for the benefit of the Owners. After the first election of the Board, two (2) Board members shall execute, acknowledge and record an affidavit stating the names and addresses of the persons elected to membership on the Board. The most recently recorded of such affidavits shall be prima facie evidence that the persons therein are all of the incumbent members of the Board and shall be conclusive evidence thereof in favor of all persons who rely thereon in good faith. Section S. Powers and Duties: The Board (and Declarant until the election of the first Board of Directors) shall have the following a~thority and powers to be exercised for the benefit of the Association and the Owners. (a) To levy assessments in advance for maintenance and other purposes hereinafter provided; (b) To create an assessment fund into which the Board shall place all sums collected by assessment or otherwise, such fund to be used and expended for the purposes herein set forth; (c) To increase the annual assessment or vote a special assessment in excess of that amount required to meet any necessary additional expenses within the maximum herein specified; (d) To use and expend the assessments collected to maintain, care for and preserve the grounds located in the Common Area; (e) To pay taxes and assessments levied and assessed against the Common Area real property or jointly owned personal property, and to pay for such equipment and tools, supplies and o~her personal Fro- perty purchased for use in such maintenance; -5 - ,. I. -u ' 1.0 62 E 805 ?!:.; 331 (f) To use and expend the :lssessment collected to maintain, care for and preserve the Common Area in a manner consistent with the standards for public service set by City of Saratoga and the County of Santa Clara, and particularly in accordance with the Landscape Maintenance Agreement executed with the City of Saratoga. (g) To pay for all public utilities, legal and accounting services, insurance and other expenses necessary in the proper operation of the Common Area or the enforcement of these Restrictions; (h) To insure and keep insured all Common Areas against destruction by fire and other casualties; (i) To collect any delinquent assessments by suit or otherwise and to enjoin or seek damages from other owners for violations of the covenants herein contained on the part of the owners to be performed or for violations of the rules hereinafter referred to; (j) To employ the services of a person or firm to manage the affairs of the Association herein called the "Hanaeer" to the extent deemed advisable by the Board, as weLL as such other personnel as the Board shall determine shall be necessary or proper f-or·the operation of the Common Area, whether such personnel are employed directly or are furnished by the Manager; (k) To enter into contracts and to generally have the powers of a property manager in connection with the matters hereinbefore set forth, except that neither the Board nor any officer may encumberOr dispose of any interest of any owner to satisfy a judgment against such owner for violation of the covenants, conditions, restrictions or agree- ments imposed by these restrictions or the deeds to grantees. Provided, however, Declarant shall not enter into any contract which will bind the Association for a period of time of more than one (1) yeRr unless such contract contains a reasonable cancellation provision exercisable at the option of the Association; (1) To make reasonable rules and regulations concerning the use of the herein described real property and to amend the same from time to time, and such rules and regulations and amendments shall be binding upon the owners when the Board has approved. them in writing; a copy of such rules and regulations and all amendments shall be delivered to each owner prior to the time when the same shall become effective; (m) To acquire and pay for out of the assessment fund any materials, supplies, furniture, labor, services, maintenance, repairs, structural alterations, insurance, taxes or assessments which the Foard is required to secure or pay for pursuant to the terms of these Restric- tions or by law, or which in its opinion shall be neces~ary or proper for the operation of the Common Area or for the enforcement of these Restrictions. The Board shll also pay any amount necessary to discharge any lien or encumbrance levied against the entire property or any part thereof which may, in the opinion of the Board, constitute a lien against the Common Area rather t.han merely against the interest therein of -6 - 63 E 80S ;,c332 particular owners. Where one or morl' owners are responsible for the existence of such lien, they shall be jointly and severally liable for the cost of discharging it and any costs incurred by tbe Board by reason of said lien or liens shall be specifically assessed to said owners; (n) To keep the City of Saratoga Planning Department provided with a current address or post office box number for the Association. ARTICLE VT COVENANT FOR MAINTENANCE ASSESSMENTS: Section 1. Creation of the Lien and Personal Obligation o[ Assessments: The Declarant, for each lot owned within the properties, hereby covenants, and each owner of any lot by acceptance in such deed, is deemed to covenant and agree, to pay to the Association: 1. Annual assessments or charges; and 2. Special assessments for capital improvements, such assess- ments to be established and collected as hereinafter provided. The annual and special assessments, togeLlter with interest, costs and reasonable attorneys' fees, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with interest, costs and reasonable attorneys' fees, shall also be the personal obli- gation of the person who was the o,mer of such property at the time when the assessments fell due. The personal ~bligation for delinquent assessments shall not pass to his successors in title unless expressly assumed by them. Section 2. Purpose of Annual Assessments: The annual assess- ments levied by the Association shall be used exclusively to promote the recreation, health, safety and welfare of the residents in the properties and for the maintenance of the Cornmon Area. Said annual assessments shall include, and the Association shall acquire and pay for out of the funds derived from said annual assessments, the following: (a) Water. sewer, garbage, electrical, lighting, telephone and gas and other necessary utility service for the Cornmon Area, if any; (b) Fire insurance covering the full insurable replacement value of the Cornmon Area with extended coverage; (c) Liability insurance insuring the Association against any liability to the public or to any owner, their invitees or tenants incident to their occupation and/or use of the Common Area, with limits of liability to be set by the Association, such limits and coverage to be reviewed at least annually by the Association and increased or decreased at its discretion; (d) Workman's Compensation Insurance to the extent necessary to comply with any applicable laws, and such other insurance as may be deeme~ neces~~ry by the Board of Directors of the Association; -7 - 64 E 80S i'!~:: 333 (e) Standard fidelity bond covering all members of the Board of Directors of the Association and all other employees of the Associatton in an amount which shall be determined by the Board of Directors, as well as Officers and Directors liability insurance; (f) Haintenance, repair, repla'cement anrl all landscaping of the Common Area and such furnisclings and equipment for the Common Area as the Association shall determine are necessary and proper; (g) Planting, irrigation, and maintenance of the landscaping in the Common Areas, including, but not limited to, graded slopes, erosion control plantings and drainage-ways (both surface and sub-surface). In addition, the landscaping improvemen~s installed in the rights-of-way, easements and other property interests offered to the City of Saratoga for dedication (which said landscaping improvements shall be installed and maintained by the developer until acceptance by said City, and only thereafter shall become the maintenance responsibility of the Association) , will be maintained and paid for out of the annual assessments; (h) Any other materials, supplies, furniture, labor, services, maintenance, repairs, structural alterations, insurances, taxes or assess- ments which the Association is required to secure and/or pay for pursuant to the terms of these Restrictions or by law or which in the opinion of the Associations's Board of Directors shall be necessary or proper for the operation of the Common Area, or for the benefit of the lot owners and/or their interest in the CommoT;l Area, or for the enforcement of these Restrictions. Section 3. Haximum Annual Assessment: (a) Until January one of the year immediately following the first conveyance of a lot to an Owner, the maximum annual assessment shall be $1200.00 (b) From and after January one of the year immediately following the conveyance of the first lot to an Owner, the maximum annual assessment may be increased each year by the Board of Directors in an amount not more than five percent (5%) above the maximum annual assessment for the previous year, without a vote of the membership; (c) From and after January one of the year immediately following the conveyance of the first lot to an Owner, the maximum annual assessment may be increased by more than five percent (5) above the previous year's maximum assessment only by the vote or written consent of fifty-one per- cent (51%) or more of the members in each Class; (d) Subject to the above provisions, the Board of Directors may fix the annual assessment at such amount within the maximum as deemed necessary to fulfill the purposes of said assessments. Section 4. Special Assessment for Capital Improvements: In addition to the annual assessments authorized above, the Association may levy, in any assessment year, a special assessment, applicable to that year only, for the purpose of defraying in whole or in part, the cost of any construction, reconstruction, repair or replacer t of capital improvement upon the COUWlon Area, including fixtures and perso~al propercy related thereto, provided that any such assessment shall have the vote or written assent of fifty-one perc€nt (51%) of the members of each Class. 65 -I I SecLion S. Notice and QuoLum of Any Action Authori~ed Under Sections 3 and 4: Any action authorized under Sections j or 4 shall be taken at a meeting called for that purpose,written notice of which shall be sent to all members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting. If the proposed action is favored by a majority of the votes cast at such meeting, but such vote is less than the requisite fifty-one percent (Sl%) of each Class of members, members who were not present in person or by proxy may give their assent in writing, provided that the same is obtained by the appropriate officers of the Association not later than thirty (30) days from the date of such meeting. Section 6. Uniform Rate of Assessment: Both annual and special assessments must be fixed at a uniform rate for all lots and may be collected on a monthly basis. Section 7. Date of Commencement of Annual Assessments: Due Dates: The annual assessments provided for herein shall cowmence as to all lots on the first day o'f the month following the conveyance of the Common Area. The first annual assessment 'shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors shall fix the amount of the annual assessment against each lot at least thirty (30) days in advance of the annual assessment period, and written notice of the assessment amount shall be sent to every owner subject thereto. The Board of Di~ectors shall establish due dates for the assessments so that the same shall be payable in monthly installments of one-twelfth (1/12) of the annual assessment. The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association, setting forth whether the assessments on a specified lot have been paid. Section 8. Effect of Nonpayment of Assessments: Remedies of the Association: Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of nine percent (9%) per annum. The Association may brine an action of law against the owner personally obligated to pay the same, or record and foreclose a lien against the property in accordance with the laws of the State of California, relating to the exercise of foreclosure power of sale (no~-judicial). In the event of action in Court, court costs and reasonable attorneys' fees shall be recoverable to the extent permitted by law. No owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Area or abandonment of his lot. Section 9. Subordination of the Lien to Horlra'ges: The lien of the aseessments provided for herein shall be subordinate to the lien of any mortgage. A sale or transfer of an:,' lot shall not affect the assessment lien. However, the sale or transfer of any lot pursuant to mortgage foreclosure or any proceeding in lieu thereof, shall extinguish such lien. No sale or transfer sha] 1 H:lieve such lot from liability for any assessments the~~after ~ecoming due or fre", the lien thereof. -9 - '-" w. -..." toi 66 E 805 P!:: 335 Section 10. Assessment SUlplus in Trust: No less than once each calendar year, the members shall receive an accounting of assess- ment receipts and disbursements since the last accounting. If such accounting shows that a surplus of cash resulted [rom assessments, the membership shall vote as to whether to refund all or part of such surplus to the members or whether to have the excess assessments carried over to future assessment periods and used to reduce future assessments. All assessments and dues are declared to be trust funds. The Association shall receive all assessments and dues as trustee for the various owners and shall apply said funds solely for care and maintenance as provided for in th~ Declaration of Covenants, Conditions and Restric- tions. Upon sale or transfer of any lot by an owner, the owner's interest in the trust fund shall be deemed automatically transferred to and there- after owned by the successor or transferee of such OHner. ARTICLE VII USE RESTRICTIONS Section 1. Architectural Control: (a) No building, outhouse, garage, fence, Hall, retaining wall, or other structure of any kind shall be erected, constructed, placed or maintained on said property, or any part thereof, nor shall any altera- tion, addition, changing, repairing, remodeling, or adding to the exterior thereof be made, unless prior to the commencement of any construction, excavation or other work, two complete sets of plans and specifications _ therefore, including front, side and rear elevations and floor plans for each floor and basement, and two plot pla~s indicatinp, and fixing the exact location of such structures, or such altered structure, on Lhe residential building plot with reference to the street and side lines thereof, shall have been first submitted in Hriting for approval and approved in writing by the Declarant or its duly authorized agent. Approval of such plans, specifications and location of buildings by the Declarant or its duly appointed agent shall be endorsed on both sets of the said plans and specificati~ns and one set shall forthwith be returned by the Declarant to the person submitting the same to the Declarant and the other shall be retained-by the Declarant or its duly authorized agent. (b) The approval by Declarant of any plans or specifications submitted for approval as herein specified shall not be deemed to be a waiver by the Declarant of the right to object to any of the features or elements embodied in such plans or specifications if and when the satre feature or elements are embodied in any subsequent plans or specifications for approval for use on other lots. -10 - ,'':;' 67 1 I ~ Cc) After such plans and specifications and other data submitted have been approved by Declarant, no building, outho 1Jse, p,arage. fence, wall, retaining wall or other structure of any kind shall be erected, constructed, placed, altered or maintained upo~ said property unless the same shall be erected. constructed or altered in conformity with the plans and specifications and plot plan theretofore approved by Declarant, or its duly appointed agent, as hereinabove provided in this Paragraph, Section II, and subparagraph hereof. Cd) If any building, outhouse, garage, fence, wall retaining wall or other structure of any kind shall be erected, constru~ted, placed, altered or maintatned upon said property, other than in accordance with the plans and specifications and plot plan therefore, approved by Declarant, such erection, construction, placing, alteration and mainten- ance shall be deemed to have been undertaken without the approval of the Declarant ever having obtained as required by this Declaration. (e) Following the expiration of one (1) year from the date of completion of any structure or. alteration, such structure or alteration shall be deemed to comply ,,,ith all of the provisi.ons of this Paragraph, Section II, and subparagraphs thereof, unless notice to the contrary shall have been recorded in the office of the Country Recorder of Santa Clara County or legal proceedings shall have been instituted to enforce such compliance. (f) In the event Declarant shall fail for a period of thirty (30) days to approve or disapprove any plans, specifications or plot plans submitted to them for approval, the same shall be deemed to have been approved. (g) Any agent or officer of Declarant may at any reasonable time enter and inspect any building or property subject to the juris- diction of Declarant, under construction or on or in which such agent or officer may believe that a violation of the covenants. restrictions, reservations, servitudes or easements is occurring or has occurred. (h) At such time as the record title to no part of said property or property abutting same shall vest in and be o\med by Declarant herein or after six (6) years after the date hereof, whichever occurs first, all of the provisions for the rights to and enforcement of the foregoing provisions for the approval of plans, specifications and plot plans shall be vested either in the Association acting by and thruugh an Architectural Control Con®ittee composed of such of its members as may be specified by the Association, or in event said Association shall not then exist, then in such a conunittee of three (3) property o\mers-in the said property as may be appointed by Declarant~ in which latter event, Declarant may, from time to time, appoint a new committee for such purposes and the authority of the old conunittee and the members thereof shall there- upon cease and terminate. Section 2. Land Use and Building Tvpe: No lot shall be used except for residential ?urpose. No building shall be erected, altered, placed or permitted to Lemain on any lot other than one detached single- family dwelling. -11 -68 1 1 r ! i I . i E 805 i'!~: 337 Section 3. Dwelling Cost, Quality and Size: No dwelling shall be permitted on any lot at a cost of less than $100,000. based upon cost levels prevailing on the date these covenants are recorded; it being the intention and purpose of the Covenant to assure that all dwellings shall be of a quality of workmanship and materials substan- tially the same or better than that which can be produced on the date these Covenants are recorded at the minimum cost stated herein for the minimum permitted dwelling size. Thp. floor area of the main structure, exclusive of garages, shall not be less than 2,000 square feet, nor shall it be more than 4,600 square feet inclusive of garabes. Section 4. Building Location: No building shall be located on any lot nearer to the front line or. nearer to the side street line than the minimum building setback lines in accordance with the City of Saratoga Ordinances. For the purpose of this Covenant, overhangs, steps and open porches shall not be considered as a part of a building, pro- vided, however, that this shall not be construed to permit any portion of a building on one lot to encroach upon another lot. Section 5. Driveways: Driveways greater than 50 feet in length and private access roads shall be maintained at all times in a condition acceptable to the Santa Clara County Central Fire District and the City of Saratoga. Section 6. Nuisances: No noxious or offensive activity shall be carried on upon any lot or the Common Area, no shall anything be done thereon which may be or may become· an annoyance or nuisance to the neighborhood. Section 7. Temporary Structures: No structure of temporary character, traileri basement, tent, shack, garage, barn or other out- building shall be used on any lot or the Common Area at any time as a residence either temporarily or permanently. Section 8. Signs: No sign of any kind shall be displayed to the public view on any lot or the Common Area without the prior written consent of the Association except signs used by a builder to advertise the property during construction and sales period, customary name and address signs, and a lawn sign of not more than five square feet in advertising the property for sale or rent. Section 9. Livestock and Poultry: No animals, livestock or poultry of any kind shall be raised, bred or kept on any loi or the Common Area. Dogs, cats or other household pets may be kept on private lots provided that they are not kept, bred or maintained for any com- mercial purpose. Section 10. Garbage and Refuse Disposal: No lot nor the Common Area shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shallnot be kept except in sanitary containers. All equipment for the storage or disposal of such illaterial shall be kept in a clean and sanitary condition. -12 - 69 Section 11. Oil and Mining Operations: No oil drilling, oil development operations, oil refining, quarrying or mining operations of any kind shall be permitted upon or in any lot or the Common Area, nor shall oil w.el1s, tanks, tunnels, mineral excavations or shafts be per- mitted upon or in any lot. No derrick or other structure designed for use in boring for oil or natural gas ·shall be erected, maintained or permitted upon any lot. Section 12. Sight Distance at Intersections: No fence, wall, hedge or shrub planting which obstructs sight lines at elevations between 2 and 6 feet 8.bove the roadways shall be permitted to remain on any corner lot within the triangular area formed by the street property lines and a line connecting them at points of 25 feet from the intersection of ther street lines, or in the case of a rounded property corner from the inter- section of the street if said property lines are extended. The same sight .1ine limitations shall apply on any lot within 10 feet from the inter- section of a street property line with the edge of a driveway or alley pavement. No tree shall be permitted to remain within sufficient height to obstruct such sight lines. Section 13. V~hicles: No trailer and/or boat, and/or truck and/or inoperative automobile shctll be kept or stored on: (a) Any lot unless enclosed within a carport or g3rage, or unless it is kept or stored on the.rear 50 feet of the lot and is not visible from the street; or (b) On the Common Area. Section 14. Antennas, To~ers, Poles or Structures: No antennas, towers, poles or any structure to be used for the purpose of receiving radio, television or related signals with the exception of equipment installed by a duly licensed cable television franchisee, or its successors or assigns, shall be installed, affixed, mounted or con- structed on the real property hereby conveyed, so as to be visible to the public view. Any variation from this covenant shall be subject to .Architectural Control Committee review. Section 15. Erosion Control Areas: Within the slope areas, no structure, planting or other material shall be placed or permitted to remain or other activities undertaken which may damage or interfere with or change the direction of flow of drainage channels or obstruct or retard the flow of water through drainage channels. The erosion control and sloped areas of each lot and all improvements in them shall be maintained continuously by the owner of the lot. Section 16. Common Area Alteration or Construction: Nothing- shall be altered or constructed in or removed from the Common Area except upon the written consent of the Association and the written approval by the City of Saratoga. -13 - 70 E 805 ?~~: 339 Section 17. Lot Development: Declarant's transferees will .undertake the work of developing all of the lots included within said property. The completion of that work and sale, rental and other dis- posal of residential units is essential to the establishment and welfare of said property as a residential community. In order that said work may be completed and said property be established as a fully occupied resi- dential community as rapidly as possible, nothing ir. this Declaration shall be understood or construed to: . (a) PrevenL Declarant, its transferees, or its or their contractors, or subcontractors, from doing on any part or parts of said property owned or controlled by Declarant or its or their repre- sentatives whatever they determine to be reasonably necesary or advisable in connection with the completion of said work; or (b) Prevent Declarant, its transferees, or its or their representatives from erecting. constructing andmaintaining on any part or parts of said property owned or controlled by Declarant, or its transferees, or its or their contractors or subcontractors, such struc- tures as may be reasonably necessary for the conduct of its business and disposing of same in parcels by sale, lease or otherwise; or (c) Prevent Declarant, or its transferees, or its or their contractors or subcontractors, from conducting on any part or parts of said property owned or controlled by Declarant, or its transferees, its or their business of completing satd work and of establishing said pro- perty as a residential community and of disposing of said property in parcels by sale, lease or otherwise; or (d) Prevent Declarant, or its transferees, or its or their contractors or subcontractors, from maintaining such s{gn or signs on any of said lots owned or controlled by any of them as may be necessary in connection with the sale, lease or other disposition of the properties. As used in this Section and its subparagraphs, the \-lords "its transferees" specifically do not include purchasers of lots improved with completed residences. Section lao Insurance: Nothing shall be done or kept on the Common Area which shall increase the rate of insurance relating thereto without prior written consent of the Association, and no m-mer shall .permit anything to be done or kert on the Common Area which would result in the cancellation of insurance on any part of the Common Area or which would be in violation of any applicable law. Section 19. Landscaping: All landscaping installed by the developer along the emergency access road in tract no. 6528 and in Common Areas shall be maintained by the developer during the period of construc- tion and shall thereafter be the responsibility of the Association. All landscaping installed by the developer on private lots shall be maintained by the developer until the lot is sold and occupied. Within ninety (90) days after taking title, each owner agrees to improve, keep and maintain the front area of his real property in a neat and orderly appearance. The front .rea is defined as ~hat portion commencing at the curb line and -14 - 71 1 \ E 80S i'!~: 340 \ ext;ending to the residence-improved !'ortion of the real property. This time period may be extended by the Declarant or the Association, upon application, for causes beyond the reasonable control of the mvner. Section 20. Improvement Plans: A roadway adjacent to lots 68, 69, 75 and 76 shall be constructed to one-way standard width as part of the improvements installed for Tract No. 6528 and may be used as both a private driveway and an emergency access road. The Association shall maintain this and all other private roads in the development after conveyance of said lots with the exception of the road to the water tank owned and maintained by San Jose Water Works and which is provided for in Article IX, Section 2 herein. Section 21. Scenic Easement Agreement: A Scenic Easement Agreement has been entered into between the City of Saratoga and the Declarant for scenic easements in the development. Said Agreement may be amended only with City permission, and it shal] be enforced by the Associ- ation and may be enforced by the City of Saratoga, at the City's dis- cretion. ARTICLE VIII OBLIGATION TO REBUILD Section 1. Damage and Destruction Affecting Residences -Duty to Rebuild: If all or any portion of any residence is damaged or destroyed by fire or casualty, it shall be ~he duty of the owner of said residence to rebuild, repair or reconstruct said ~esidence in a manner which will restore it substantially to its appearance and condition immediately prior to the casualty. Section 2. Variance in Exterior Appearance and Design: Any owner which has suffered damage may apply to the Declarant or its duly authorized agent for reconstruction, rebuilding, or repair of his resi- dence in a manner which will provide for an exterior appearance and design different than that which existed prior to the date of the casualty. Application for such approval shall be made in writing together with full and complete plans, specifications, working drawings and elevations showing the proposed reconstruction and the end result thereof. The Declarant or its duly authorized 'agent shall grant such approval only if the design proposed by the owner would result in a finished residence in harmony of exterior design with other residences on the properties. Failure of the Declarant or its duly authorized agent to act within thirty (30) days after receipt of such a request in writing coupled with drawings and plot plans showing the full and complete nature of the proposed change shall constitute approval thereof. Section 3. Time Limitation: The owner or owners of any damaged residence and the Declarant shall be obligated to proceed with all due diligence hereunder and commence reconstruction within three (3) months after the damage occurs and complete reconstruction within nine (9) months after the damage occurs, unless prevented by causes beyond their reasonable control. -15 - = 72 ARTICLE IX \ , CITY IMPOSLD CONDITIONS E 80S ?!~: 341 Section 1. Haintenance Covenant and Enforceability: The Association shall cause the Common Area, landscaping, improve10 ents, public rights-of-way, individual lots and Open Space to be maintained in good and orderly condition, repair and maintenance (including, but without limitatiorls of the foregoing, the replanting and. replacing of any trees that may become diseased, destroyed or die; maintenance of the earth surface and slopes - both natural and man-made -including subdrains, maintenance of natural vegetation in the Open Space, repair ar.d maintenance of all drainways natural and man-made, surface and subsurface -and appurtenate structures, maintenance of trails and pathways, repair and maintenance of retaining walls for private and public streets, repair and maintenance of private access roads and appurtenate structures, and repair and maintenance of silt retention structures and devices; but not including public street improvements from back of curb to back of curb, and the earth subgrade therefore, nor public storm drain conduits and inlet/outlet structures within the outside perimeter 6f the conduit)to the standards of accepta- bility of the City of Saratoga. In the event the Association fails or refuses to properly keep ~nd maintain said landscaping, etc., the City shall have the right, but not the obligation, to cause said upkeep and maintenance to be furnished and to record a lien against the properties for the amount of costs and expenses incurred by the City in furnishing said maintenance. Such lien may be enforced by the City in a civil action brought in any court of competent jurisdiction, or, in the alternative, may be assessed against the properties as a special assess- ment·and collected by the City (all provisions of law relating to tax delinquency being expressly made applicable thereto) . . Section 2. Water Tank Road: The upkeep and maintenance for the road to the water tank ·shall be in accordance with the Agreement between the homeowners of lots 61, 62 and San Jose Water Works. Section 3. Pools: No pools (except spas) may be constructed or permitted to exist in: (a) Tract 6526 on lot 19 of the Final Map; and (b) Tract 6528 on lots 6, 7, 8, 11, 12, 14, IS, 16, 17, 18, 20, 21, 32, 33, 34, 35, 36, 37, 39, 40, 42, 50, 51, 52, 54, 59, 60, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 74 and 75 Pools on the remaining lots are to be placed on slopes of 30% or less and will be subj ect to City Staff design revievl to insure correct placement in relation to trees and slope. Decisions of said City Staff may be appealed to the Planning Commission through the Design Review process. Section 4. Recreation Courts: No recreation courts may be constructed or permitted to exist on any lot. 19, 53, 73, Section 5. Design Approval: Construction of residences require Design Review Approval by the City. Individual house Design shall be -16 - i15 ", «, I 73 E 80S r!;: 342 evaluated on the basis of compatibility with the physical environment and compliance with Site Development l'lan. Complete plans for all onsite grading shall be submitted for evaluation. All gradi~g shall be contoured so as to form smooth transitions, and all grading shall result in smooth transitions between natural and man-made slopes. Section 6. Fences and Walls: Fences, walls and hedges may be constructed or planted only per the City of Saratoga's HC-RD Zoning Dis- trict Regulations -"proximate to the principal structure and in no event to enclose or encompass an area in excess of 4,000 square feet". ARTICLE X GENERAL PROVISIONS Section 1. Enforcement: The Association, the Declarant, the City, and any owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Should legal action be necessary, the prevailing party shall be entitled to recover its court costs and atlurneys' fees in addition to any other judgment or order sought. Section 2. Severability: 'Invalidation of anyone of these covenants or restrictions by' judgment or court order shall in no way . affect any provisions which shall remain in full force and affect. Section 3. Amendment: The covenants and restrictions of this Declaration shall run with and bind the land, and shall inure to the benefit of and be enforceable by the Association or the owner of any lot subject to this Declaration, their respective legal representatives, heirs, successors and assigns, for a ~erm of twenty (20) years from the date this Declaration is recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless revoked by an instrument signed by not less than seventy-five percent (75) of the lot owners in each Class of membership and consented to in writing by the City of Saratoga. The covenants and restrictions of this Declaration may be amended by an instrument signed by not less than seventy-five percent (75%) of the lot owr.ers in each Class of membership and/or by a court judgment and written consent of the City of Saratoga. and in no other way. Any such amendment must be recorded in the office of the Santa Clara County Recorder to become effective. Section 4. Subordination: It is further provided that a breach of any of the conditions contained herein or of any re-entry by reason of such breach shall not defeat or render invalid the lien of any Mortgage or Deed of Trust made in good faith and for value as to said premises or any part thereof; but said conditions shall be binding upon and effective against any owner of said premises Hhose title thereto is acquired by foreclosure, Trustee's Sale or otherHise. Section 5. Annexation: (a) Annexation Pursuant to Approval: Upon approval in writing of the Association, pursuant to a two-thirds (2/3) majocity of the voting power of its members, or the written assent of such members, excluding the voting power or written assent of the Declarant, the o~ner of any property who desires to add it to this DC<...i.aratiu,j and to subject it to the jurisdiction of the Association. may file of -17 -to '" , {L')i - 74 ,~ , record a Declaration of Annexation as described i~ Section (5) (c) of this Article. The procedure set forth in this Section shall be in addition to and not in substitution for the procedure outlined in Section (b) of this Article. (b) Annexation of Other Real Property by Developer: The developer may, without consent of the'members of the Association or lot owners, annex any additional lanu described in Exhibit "A" allal:heu hereto and upon the completion of said annexation, the owners of the lots located in the annexed property shall become members of the Association and entitled to the use and the enjoyment of the Common Area. This annexation procedure shall be subject to the following conditions: 1. Any annexation pursuant to this Section shall be made prior to six (6) years from the date of the issuance of the most recent Public Report issued by the Department of Real Estate for any of the properties described. 2. The development. of tlH-' a·iditional tracts shall be in accordance with the General Plan of development submitted to the City of Saratoga with the processing papers for this tract. 3. Detailed plans for the development of each portion of the additional tracts shall have b~en submitted to, and approved by, the City of Saratoga prior to the development thereof. 4., There shall have been recorded with respect to such additional tract, a Declaration of Annexation or similar instrument making the lots herein subject to this Declaration, including provision subjecting said lots to assessment by the Association. Said Declaration shall designate which land is for residential use and which is for Common Areas, if any, to be owned by the Association, 5, Prior to the conveyance of any improved lots in a recorded tract located within the real property described in Exhibit "A" of this Declaration, fee simple title to the Common Area within said tract shall ·be conveyed to the Association, free and clear of all encu~bcrtinccs tind liens, except current real property taxes, which taxes shall be prorated to the date of transfer, and easements, conditions and reservations then of record, including those set forth in this Declaration. (c) Declaration of Annexation: The additions authorized under the foregoing Sections shall be made by the recordation of a Declaration of Annexation with respect to the additional properties which shall extend the scheme of this Declaration to such properties. (d) Complimentary Changes: Any Declarations of Annexations contemplated above may contain such complimentary additions and modifi- cations of the conditions, covenants, conditions and restrictions con- tained in this Declaration as may be necessary to reflect the different -18 - 75 E 805 ?!s: 344 character, if any, of the added properties, to the ~xt~t not inconsis- tent with the scheme of this Declaration. In no evrent, however, shall any such Declarations of Annexation, merger or conswlid~rion, revoke, modify or add to the covenants established by this ill£cl~ration with respect to the property already subject to ~his DecllBra~ion, except as hereinabove otherwise provided. IN \VITNESS vlHEREOF, the undersigned, being the. J)ec)a,rant herein r.J/ _ has hereunto set its hand and seal this~ day ot: {~1dJV 19 79. BIACKI<lELL FK:MES, a partnership By JACK R. BIA~, INC. ~ '~..r7 r, Bl.~tC!:fc~c£~ / ck R. Be .. , . ( .' ,'~ " The undersigned, as Trustee, he.re~J =nsents to, a~oves, je-ins in ~ execution of and subordinates to tre foregOing Declaration of Covenants, Corrlii.ti-ons and Restrictions. -19 - ~;-J .,-- -"J }:-:- ~: -u~: -.~ ~~~ ~~ .r!~ ~_J ( .. ;<to 1 76 PARCEL NO.1: 158Gb5-C Pap;e 9 Lots 1, 2, ~l, 12 and 13, as shown upon that certain t-:ap entitled, "Amended Hap of the Subdivision of the Farr Ranch, being tht.: S. [. 1/l l of Sec. 26, par~ of the S.W. 1/4 of Sec. 26 and W. 1/2 of the N.r.. 1/4 of Section 37 T. 7 S. R. 2 W. H.D.H.", which Hap was filed for record' in the office of the Recorder of the County of Santa Clara, State' of California on July 26, 1907 in Book L of Maps, at page 90, a~d the East one-half of the Northwest quarter (East 1/2 of N.W. 1/4) of Section 35 in Township 7 S. R. 2 W. H.D.B. & H. EXCEPTING THEREFR0l1 a tract of land conveyed by Fra.nces Elizabeth Parker to George Rothermel, by Deed dated October 13, 1920 and recorded Octob;;r 16, 1920 in Book 521 of Deeds, at page 543, and Inore particularly described as follows: Beginning at the Northeast corner of thdt certain pit::ce or parcel of land described in I.Jet::d of Rudolph r. Ohln dnd Emma Ohm, his wife, to Frances Elizabeth Parker, dated May 19, 19:10 i.mel recorded May 2!:l, 1':l20 in Book 518 of Deeds, at page 87, Records 0 ~ Santa Clara County, State of California and running thence in a Westerly direction along the Southerly line of land belonging to G. Rothermel 64 feet; tht:ncl: in a Southeasterly direction 4!l feet; thence in dn L:.sterly direction 7"2 1/2 feet, more or less, to the Western lint of d piece or purcel of ldnd belonging to G. Rotherlrel; thence along sdid line in a Northwesterly direction 85 feet to the point of'beginnine, and beine a part of the Las: one-half of the Northwest Quarter of Sectiori 35 T. 7 S. R. 2 w. ALSO EXCEPTING THEREfROM so much thereof, dS conveyed by 'v'alley Title Company of San1:a Clara County, a corpocation, to Pellinsuld Recreation Inc., a corporation, by Deed dated Dt::cember 23, l'}SI:l and record",d December 23, 1958 in Book 4270 Qf Official R8cords, page 3G6, dnd more particularly described as follows: Portion of the Northerly 1/2 of Sectioll 35, Township 7 S. Rdll!.:e 2 W •• H.D.B. & H., and also portion of Lot 6 and Lot 11 of the "Subdivision of the Farr Ranch", a copy of which was recorded ill the office of the Recorder of Santa Clara County ill !.look L a f Haps, dt page 1, and an amended.copyon file in Book L of Maps, page 30, and being more particularly described as follows: neginning at a point which I)ears S. RGO '.!"I' \,,1 E4.00 fet!t f,"')r:\ the corner common to Lots 6 and 8 of said Subdivi!>ion, said common corller being also the Northeast corner of the Lasterly half of the Northw€:st <Cont'd on llext page) EXHIBIT "A" -Page l~of 4 - J. ~) 77 I I .~-, l S IJ [) 10 :~ -c: !'dge 10 E 805 i'!:~ 347' quar1:~r of said S~c1:iol\ 3S; said point L>t!::'llg ,:csignutcj 011 ;;di:! ~,,:,divisioll Map as "f-ll", thence from said [,.::lint of ber,illliing dloC1r. tht ;;:.;utherly line of Lo1:S S and 9 of said Subdivision ,Lid the llorthcrly lille of sdid Section, S. 89° 27' 'vl. 1,272.30 fe"'-t to d 3/:," iron pipe ft'orn which point lies a 3 x 3 redwood stdke l;\arked 8/9 :,,,,dI'S :1. ll,)o 27 1 1:, S;J.7'j feet; 1:hence S. 0° 51' 05" 1:. 2,314.UO feet to <.l 31 1," iroll pip", r.ol1uIT,(;;nt; thence N. 43° 32 ' 30" I:., ::'0'1.04 f",,,,t to d J/"" iron lJi;:>e mOl1uIT,en1:; thence N. 33° 26' 40" !:. 521.96 fi::el: to d 314" iron pipe r.iOilUl:ll.!n~; thence N. 69° OG' 10" 1:. j3CJ.29 f\:!t'!t to d 3/4" iNn pipe monument; thenct:: S. 50" 41' 41" E. 222.98 ret!t 1:0 d 3/4" iron rip!! r.unument; thence 1<' GO 0' 0" E. 550.00 feet 1:0 a point: in the cent~r line of d creek fr0m which point a 3/4" ix'on pip~ monum",nt bedrs :I. l,o 00' (JO" L 30.00 feet; thence along the centt!r line of said creek 11. bJo 45' UO" L. 84.;>2 feet; N. 14° 23' 00" r:. 230.17 feet; N. '/70 DO' 00" L 87.00 feet dI\J I;. Ij 3° 21' 10" [. 319.90 feet 1:hence leavinb the center li:.e of said ct't!ek N. 10° 30' 00" r:. 40.00 fee"t "to d 3/4" iron pipe monument lyirq7, ill the center line of Prospect Ruad; thence dlolq.; the cent:",r l:"l.e of said road; N. 83° 39' 30" \-1. 103.79 feet to d 3/"" iron pipe HlOnU/T,erlt; thence N. 73° 04' 30" H. 91.52 fet!t to d 3/4" iron pipe mOllUlTU'et; tl. &1° 0'1 1 30" W. 83.30 feet to d 3/4" iron lJipe I:10nuIlUlt; Il. 24° 12' 10" H., 1'13.41 feet 1:0 a 3/4" iron pille monumt!rl"t; N. 03° 12' 20" 'd. 127.S1 feet; Il. 35° 29' 20" W. 64.!!2 feet to a 3/4" iron pipt:: Ir.onUI:1ent dnd S. 60" :'3' SO" W. 12'.40 fe .. t; t:hence 'It::dving said center line <lnd rUl1ni!lr, iL ~'J0 06' 10" W. 20.DO ft::et: to ct 3/'1" iron pipe 1:!C.)IlUment lying ill the H:>t'th- westerly lin~ of said rOdd; 'thencf:: U. 00° t~G' 30" 1.4. lt~.97 fet!t tu trlt point of beeinning. ALSO EXCJ:PTING Tli[El:rl\O~l that portion theI'<:uf cunvey",j 10 the :>a1l Jose ~later \o,/orks, by Deed ddted Jdlludry 'l, l'jhl ",;lIe! f'e<..:ord",d Jdnudt'v lU, 1961 ill Book 5037 of Official I<.ecords, j)dDc:'b3, d.::scriOtd as fo1luw5: Beginning at dn iron lJiy", at the most I,u;'thtorly curroe)' u! Pdceel "8" as said pcirct::1 is shown elll that certain Pecord of :';urvey 0: !~c!.:j Jio. 1107 of the San J.::lse. ''':dt",r '\·Iorks I\SSe~;Sll\el\t l.ot ;:0. 2L J, ci:Hi recol'tl~d in Book 128 of naps at rag", 17, l'<ecords of :';,lIltd C'ldt'd LJUnt:!; tl!"I\';e South llOo 27' 1.:o3.5t lU.3~ fc~t "to <ill iron ripe; theIlCto' frolf. a tdll!:Cnt that: b"'-drs South 119° 33' ;;",st curviIlP. to the left throu[.h d:l dIlf,le of GSo 30' with a radius of DU.Ou feet for an drc dist.<"nce 'Jf bo.:,'J feet to dn iron pipe; thence taIlg«nt to the leist :Jlenticr.e<.: CL;r';e ;~()uth 15° 57' LaSe 103.00 fe~t to all iron pipe; t:\ellce t.angent to lhe lii~,t mentioned courSe, cut'vinc to the riGht throui:h all o:1.11l.;le ·Jf lc4° 11,' 3U" with a radius of 92.00 [",eL for dn arc dista;lce ,:>f :J{J~.ci:i feet tJ dn iron pipe; thence from a tdngt.:ll"t that bears ;Iort)) 11° '.2' 30" 14,-,51: dnd leavinr, said curve North GO 00' Last 23.87 f.::et; theJ\ct UOl'th 53° 11&1 East 84.22 feet; th"'-nce "ol'th 14° 23' Last 1'.'3.11') feet to d11 ir'on p~pe (COJlt' J ull next Pdf,e) EXHIBIT "A" -Page 2 of 4 78 15855S-C Pdge 11 E 805 ?~:: 348 in the Northerly 1 ine 0 f t:h~ dbove men t:ioned parcel "B"; -:''::.enCe alcng said Northerly line Ilort:h 81° 13' Last: l17.58 feet to the ;-oint of beginning. Being all of PdrCl~l "B" as shown on the dforenentioneJ Record of Survey. Together with tho:: parcel of lanJ first l,<!rein Jescri:",d nil bdsement for the purpose of ingress and egress, and the instdlldti::r. dntl Eaintenance of public utili t:i~s and sewer pipe lines over, under dlld across the following described parcel of land: Beginning at a point which bears S. tlgo 27' W. [;4.00 feet from "the corner common to L:>ts 6 and 8 as said Lots are shown cr. the nat:' of the Farr Ranch, hereinabove referred to; said common c:::-ntr tJeing also the Northeast corner of the Easterly one-half of the ~;0rthwest quarter of Section 35~ T. 7 S. R. 2 W., H.D.B. & H., said !:Joint bein[. designated on said Hap of t.he carr Ranch as "f-ll"; thence from sdid point of beginning S. 0° 46' 30" 1:. ',5.97 feet to dn iron ;;ipe; thence S. 29° 06' 10" L 20.00 feet: to an iron pipe set in the c.:c::.ter line of Prospect Road; thenct:! alont; said cent:er line of Prospect Road tl. liDO 53' SO" E. 12.40 feet to a 3/ll" iron pipe found ilt an c±ngle point: '[herein; thence continuing' along said center line of Pros~C!ct Road S. 35° 29' 70" E. 64.82 fet:!t t:o a 2" x 2" hub Set: in the cen:",rline thereof at an angle poin t therein; t:hence continuin£ along said ce.;:u:cr 1 ine 'J f Prospect Road S. 03° 12' 20" L. 127.51 feet t:) a 3/4" iro!: pipe found at an angle point therein ; said p0iIl't being the True Poin:. of neginnin~ of this description; tht:!nct:! S. GSo 47' SO" \1. 20.00 feet; :ht::nce S. 18° OS' W. 211.19 feet; tht:!nct:! Suutherly and Easterly dlo~l d curve to the left wit:h rt r"ldius of 80 fee't and t:hrough d ct<ntr",::' =.ngle of 95° SO' for an arc distance of 133.Bl feE!t; thence S. 77° :...:" [. 74.00 feet; thence Lasterly and SOll'therly along a curve to the ::-:E;ht with a radius of 40 feet and through d. cE!ntral anf,le of 117 0 115 I :'01' an drc distance of tl2. 21 feet t:o a point. of compound curvature; -":,cllce cO:ltinuing Southerly along a curve t:o <:he left with d radius of 200 :<:.,1.: and through d central angle of 13° 17' 20" for an arc distance of 45. ::'1 feet; thence S. 26° 12' 40" W. 76.70 f"'t!t: t:o a point which bears S. 5o~ :'8' 10" L., 15.00 feet from a 3/4" 'iron pipe monument; thence :i, -:0 DO' 00" L. 87 feet; thence N. 25° 29' E. 78.14 feet; thence Northc~ly dnd WE!sterly along a curve to the left wit:h a radius of 100 feet and t::~.["Qur,h d central angle of 103 0 14' for an arc distance of 180.18 feet; t:he::.ce N. 77° 45' 'W. 77 feet; thence W.:est:erly and Northerly dIan?, a curve t: the rif'.!lt ... ith a radius of 20 feet: through a central angle of 95 0 5: t for dll arc distance of 33.45 feet; t:hence H. 18° 05' L. 53.00 fet<t; :::,,-IlCe Cll'Jnt; a curve to the right with a radius of 30 feet and through ,~ central (Cont'd on next page) EXHIBIT "An -Page 3 of 4 79 angle of 94° 15' for dn <1re: uistdnct of 113.3i> feet; ~hl:!no;l:! :;. '~E() 40' r:. 97.00 fee"t; thence II. 2IJo :'5' 30" r. )O.Oil feet to d 3/4" ir''.)11 pipe m::>nument found in th", cent",!, 1 ine :::l f Prospect P.OdU; thl:!llct:! d.lonr; till:! center line of Prospect: Road, N. Gl° at,' 3D" ' .. :. ·';3.30 feet to d 3/1," iron pipe monuml:!nt found; thence cOllt:lnuing alonr the centt::rlinl:! of Prospect Road, N. 24° 12' 10" H. 1'13.41 feet rJ "ttl", true point of oeginning. PARCEL 110. 2: COMMENCING Cit the cOlrunon corner for Sl:!ctions 2:', 26 ,1J1U 35, Township 7 South, Range 2 West, I-I. D.H., rUllning thellce Svutr,crly dlonl~ t~~ Easterly linf:: of said :;",CtiOIl 35, 5.25 chains; thence at richt dn!~1t.!s Westerly 20.00 chains; thence dt right aneles Ibrth 5.25 chains to the tlorth line of said Section 35 dnd thence at rip;ht: dllgll:!s L..lst<!rlj 20.00 chains to the point of heginning, and beinr ci j)<irt of thl:! [as t (,11<.:-ha1 f of the Northeas\: qUdrter of Sl:!ction 35, in TO\J/lshiF -j :;outh, !'\dJ1f'.e 2 West, M.D.B. & M., t08",th<>r with d 1'i[',ht of WdY 15 fc<>t I,-;id" ,doni: the East linf:: of the aforesaid Northedst quarter of Section 35 fro~ th~ above des·cribed land to the point of interseccioll of the rOddwdY dt the Southeast corner 0 f the 30 acre tract t;rdllted lJy Jd!;. L. GClrdon and Carrie H. Gordon, his I"ife, to ;..'I.n. G. Cotter and l~lt:!dnor G. C-.ltter, his vlife, by Deed dated March S, 1B'J4 and recorded llarL:h 5, 10'34 ill Book 1(;9 of ut:!ed:;, page 2ti, Sdnta C1dra Coullty f-:",cor.:is. EXHIBIT "A" -Page 4 of 4 80 ~-a:...l1'Z~ COKPAHY we, .l,~&$'l Pli (A~c"""'qd .. ticm) Wh*. Z'aClqJ:dli4,.au to I VAl,~t~T~t:l~,l~QY 30·0'"il. J'!rat Stn"~ SUJo", ~ nU3 .. 7129435 ....... l1li_01 'V""DI'Co~ AUG 41981 R1DAN ~A.MANN SJIIta IiIn ...,..:RECoRDE:"!. -"'1. Off.Jt!lIll!!e~rrJ WDDM. tbeze w.. tned for ~co!:d a t)ec11l%'~tlon of "strictiO!UJ,' d&1:e4 Au~t 21, U7J. a.cutelS by alackwall EOIIWUI, a putnenh1.p and Val.lay Title Cpmpany. a co~:I:'&tion, ana Z'e- cor4ad September 20. U19 in ao~ ZB~5 of Qffic=3.al beords, pai-r,Ii ~26. atfectinlJ all. of !r'rac~ Ho. 6526, Which Jl\ap w.,s fj,J..4 for: I rec~d. "in tlse office o~ t:ha lt8coftler: of tha County of SaJ1ta Clara. i State of Cal:Ua=1a. on Auguat 23, .1919 in. BOCllk 448 o~ Mapa, ~t page. 25, 2' anc1'2~_~ SAnta. Clar~ COunt.y ~l;!orcl.; and ~r tlle Ulldfl~&igned is the :ec:or'" owner of all of' t\ the l"ota ill .aid ~~act J and ~ wHlmBAS. the undersigned. aa ~er of all of the lots 1n~.ld ~r.CI~ 6526 de.ires to amend and modify said Dec~ration by c:ha~9'in!J1 Section 6 of Artiel. :tX; NCH. !1'UB2tFO'RE, ttle unde::aignad, .a owne~ of all of the lot. in uid Tract. 6526. does' h.~y &1ftend, and mod.ify said DeClAi'&~on of Datrictions by cb&ngihg the tOl~owin!l paragl:'aph; ~.ckicn 6. Pence. and Wallsi Fence., walls and 'hedqe., ma:r be constructed Qr: pliiit.a only pel; ~. City of saratoga'. SC-RD Zoning District Regulationa --proximate to the p:z;:$.ncipal 8tl:ucture and. in no event to 8nolos8 0%-encompua an axe. in eXCels. of 4.000 BqUa~ feet-, ~,type ot fenCing shall be l~ted to open wire mesh on wood frame. • All ()~er te:m8 and concliUons of the Deelaration of Res~ri~tion. hereinabove referred to shall remain in full torce . .and .ffect • . . ':.. . 81 f:oUf: ~I............... ..nu .. .cl.u .... ·." .. " ..... Ju. .... " .... " ............ t.e."br.all" .. " ................................. h_ H ., " •• ," ......... '" ....... ~ ................................... ~ .............................................................................. _.a.a.t......................... ................... . ..... ...... _I .11. -,.,.,w. ,.... HHfHt4 ,., ..u.w. ., ItntMtI ....... IIN'IIf, tfIII Il1H __ It ., It t, It, #H".t/) ..... ~ /II, WUOW. llIrirII ....... kittt/i of Mi m~~ NHfII _t4 H4 HHwt/"'~t4 It •• ,... Ittfj "r,.Hftt. ffItf\Iff4 M. HII .. . -.......... -t· ....... Itd .•• ««_ .................. ~ .. ,.?/~ " ..... , ........ 82 VALLEY TITLE COMPANY Escrow # 172653 "ACCOMMODATION" Co. Bill # 364-44-3 & 364-44-1 Code Area 15-039 WHEN RECORDED MAIL TO I I Parker Ranch Homeowners Association c/o Blackwell Homes 125 East Sunnyoaks Avenue I ~Campbell, CA 95008 ~ MAIL TAX STATEMENT TO NO SALE Name I Corporation Grant Deed INDIVIDUAL The undersigned Grantor declares '~he '~ax to be Address City & State SAME AS ABOVE Coun'I'y Transfer Tax $ ~-~O~--,--__ _Equity ___ Full Value L City Conveyance Tax $ _-~O~-__ _ VALLEY TITLE COMPANY, a corporation, does hereby GRANT TO PARKER RANCH HOMEOWNERS ASSOCIATION, the real property situate in the Ci ty of Sara toga, County of Santa Clara, State of California, described as follows: All of Parcel A and B as shown upon that certain Tract entitled, "Tract No. 6526", which Map was filed for record on August 23, 1979 in Book 448 of Maps, pages 25, 26 and 27, Santa Clara County Records. THIS CONVEYANCE IS MADE AND ACCEPTED AND SAID REALTY IS HEREBY GRANTED SUBJECT TO THE DECLARATION OF RESTRICTIONS RECORDED IN BOOK E805 OF OFFICIAL RECORDS, AT PAGE 326, ET SEQ., AND SAID DECLARATION OF RESTRICTIONS IS HEREBY INCORPORATED BY REFERENCE INTO THE BODY OF THIS INSTRUMENT THE SAME AS THOUGH FULLY SET FORTH HEREIN, AND MODIFICATION RECORDED AUGUST 4, 1981 IN BOOK G254 OF OFFICIAL RECORDS, PAGE 627. R£CEIVEOSEP 1 t"! . (/ 1981 WITHOUT WARRANTY EXPRESS OR IMPLIED IN WITNESS WHEREOF, said corporation has cflused its corporate name and seal to be affixed hereto and this instrument to be executed by its duly authorized officers, thiAth day of August ,19 81. VALLEY TITLE COMPA.~~Xa.·corpOra.tion ~7!f-..;;rJ "21 1-" L /:2!-:"' // p'/y...,..._. . B .c. .. '" <~".,.r' l .:.--c /'L~·-t Pete Borello, Executive Vice' 'Pr~sid'e~r" STATE OF CALIFORNIA COUNTY OF SANTA CLARA cIl:y .................................................................. :;-.. .. On this4th day of August ,1<81 . before m" Carole Edwards', a Notary Public in and for said County and State personally appeared Pete Borello known to me 10 be the Executive Vice Preside"! """ btt~~ffte::;!e:=bedb:e ::£@l;~ of the corporation that executed the within and foregoing instrument, and also known to me to be the personr who executed the within instrument on behalf of the corporation therein named and acknow- ledged to me that such corporation executed the same. CAROLE EDWARDS NOTARY PUBLIC • CALIFORNIA Sante Clara County My Commission Expires Apr. 9, 1982 VTC _ 103 R 1 83 · VALLEY TITLE COMPANY .~SCRQW ~Q~0~72653-l (CE) Wh~C~~HPaed, mail to: Ieodei aldie retat 01 Valle!) Title Company Valley Title Company 300 S. First Street San Jose. CA 95113 MODIFICATION OF DECLARATION OF RESTRICTIONS APR 2 3 1982 8:or,:M. G 742 P!GE 383 GEORGE A. MANN, Recorder T,TU"REAS h D 1 . f -.. s.a Clan CwIIJ, 00'1Cial itcds ~nL ,t ere was a ec a~at~on 0 Kestr~ct~ons, executed py VALLEY TITLE COMPANY, a corporation, recorded September 20, 1979 in Book E805 of Official Records,' Page 326 -349, Santa' Clara County Records, affecting all of "Tract No. 6526", which Hap was filed for record in the office of the Recorder of the County of Santa Clara, State of California on April 23, 1979', in Map Book 448 at Pages 25, 26 and 27; and WHEREAS, the undersigned, as owner of more than 75% of the lots in said Tract No. 6526, desires to amend and modify said Declaration by changing Article I, Section 3, Page 1; Article I, Section 5, Page 2; Article VII, Section 3, Page 12; Article IX, Section 3, Page 16; and Article IX, Sec:ion 6, Page 17, thereto -NOWTHEREFORE, the undersigned, as owner, does hereby amend and modify said Dec1~ration as to Article I, Section 3, Page 1, Article I, Section 5, Page 2; Article VII, Section 3, Page 12; Article IX, Section 3. Page 16; and Article IX, Section 6, Page 17, and henceforth said Section shall be as follows: REC FEE MICRO UENNOT SMPF Article I, Section 3, Page 1: "Property" shall mean and refer to that certain real property hereinbefore described as "Lots 4 thru 9 in- clusive, and 14 thru 19 inclusive, Tract No. 6526, and Parcel "A" as shown upon that cerfain Parcel Map recorded March 12, 1982, in Book 497 of Maps at Page 19, and, Parcels "A" and "B" as shown upon that certain Parcel Map recorded March 12, 1982, in Book 497 of Maps at Page 20". ---~--1- 1 84 Article I, Section 5, Page 2: "Lot" shall mean and refer to any plot of land shown upon the recorded Subdivision Map of the property, as amended by recorded Parcel Map, with the exception ot the Common Area. Article VII, Section 3, Page 12: Dwelling Cost, Quality and Size; No dwelling shall be permitted on any lot at a CORt less than $150,000.00 based upon cost levels prevailing on the date these covenants are recorded; it being the intention and purpose of the covenants to assure that all dwelling shall be of a quality of workmanship and materials substantially the same or better than that which can be produced on the date these covenants are recorded at the minimum cost stated herein for the minimum permitted dwelling size. The floor area of the main structure, exclusive of the garages, shall not be less than 2,000 square feet. The design of all structures to be built upon all lots situaeed within Tract 6526 and 6528 shall be subject to the re- strictions and procedures set forth in Ordinance No. NS-3.47, the Design Review Ordinance. Article IX, Section 3, Page 16: Pools: Pools are to be placed on slopes of 30% or less and will be subject to City Staff Design Review to insure correct placement in relation to trees and slope. Decisions of sa.id City Staff may be appealed to the Planning Commission through the Design Review process. Article IX, Section 6, Page 17: Fences and Walls; Fences, walls and hedges may be constructed or planted only per the City of Saratoga's HC-RD Zoning District Regulation -"proximate to the principal structure and in no event to enclose or encompass an area in excess of 4,000 square feet". Fencing to be wood frame with wire mesh. -2- 85 1 -. , • • i I ~ .i 1 ~ ,~ ~ ~ ~ • ~ a; • 1, I' o • , •• . n! J ~ I~ j:: ;:: " , .,! L • •• · -. ~ n I~ 1: !.:: , .. ... . .... " 1 ' " . , !' i ;1, d I) !I'~ •• 1\ <I -.. v • • • i • . . -J 0. .. . '1 . . a " .! '1 •• •• '. •• , r l. ., II!~ '~ - "''' , 't" .. , ~l J" alll ~.' !) alii e q l! . '1 ., \Jli l ' I ~ t l . I II' Iii .~I l'!I'-!' : '1: l ' i;,i:.~! J • I"~ • ' I . 1·1 , , I' I! II , ,il I'lle-" ,\i'I('\ i "l j' 51 'I' ' 1. 1 I:i ~ 86 (D V i\.LLL 1 'J.' ~ .. !,:Lb \""Ul"l,r'" ~:-u~ .1. ESCROW NO. 175491 PB \-;Then Recorded Return te' Filt:! DECLARAT rON OF Iu~NEXATION'" H191p~GE 2B THIS DECLARATION is made thiR 7th day of Dec~rnber , 1982 by VALLEY TITLE .COMPANY, a California corpor.ation, hereinafter referred to as "Declarant", with reference to the following: A. Reference is hereby made to that certain, Declaration of Covenants, Conditions and Restrictions for Tract No. 6526, recorded on September 20, 1979 in Book E-805 of Official Records, Page 3~6-349, Santa Clara COlmty Records, State of California, (hereinafter referred to as "Declarant") B. Declarant is the sole owner of lots 1 thru 3 inclusive and 8 thru 13 inclusive of Tract 6528, and Parcels "G" and "H" as shown on that certain Parcel Ma~ recorded September 1st, 1982, in Map Book 504, at Page 7, more particularly described in Paragraph "D" below. Said property constitutes a portion of the real property desc~ibed in Exhibit "A" of the Decla,:ation referred to hereinabove. C. Section 5 of Article "X" of said Declaration provides that all or part of th£: l:eal property uescrib,d in said Exhibit "A" may be a~nexed to Tract No. 6526 and added to the scheme of the Declaration and subject to 'd:-.,e jurisdiction of the Parker Ranch Homeo\'merc; Association ur;on the conditl.om stated in said Sections, by filing of a DecLu-ation, pursuant to subseetion b-l, 2, 3, 4 and 5 of said article. D. Blackwell H,)mes has complied with the conditions stated in subsection b-l, 2, :3, 4 and 5 of Article "X", Section 5, of said Deciaration and hereby declarHs that the real property located in the City of Saratoga, County of Santa Cla;"~' State of California, described as: 1. Lot: 1 thru :) inclusive and 8 thru 13 inclusive as shown upon the Hap of Tract 652&, which map was filed for reco't"d in the office of the Recorde:!:' ()i' the County of Santa Clara, State of California on May 3rd, 1982, in Map Book 499, of Maps at Pages 35 -41, and Parcels "G" and "H", as shown on that certain Parcel Map recorded September 1st, 1982, in Map Book 504, at Page 6, being residential lots and parcels, and Parcels "A", "B", "c" and "D" being the Common Area Parcels, as shown on the Ma? of Tract 6528, which Map was recorded on May 3rd, 1982, in Map Book 499, of Maps at Pages 35 -41. shall hereafter be held, transferred, sold, conveyed ar.d occupied subject to the Covenants, Conditions, Restrictions, charges and liens set forth in said Declaration and by this reference thereto said Declaration is hereby incorporated herein, all of which shall run with and apply to and be binding upon all parties having or acquiring any right, title or interest upon said real property and ever1 part thereof as a servitude in favor of each and every parcel thereof as the dominant tenement or tenements. -1- 87 H191p!GE 29 E. Date of Co~encement of AnnuaL Assessments: Due· Date: The first monthly installment c.f the annual assessments provided [or in said Declaration shall commence as to alL lots.descrlbed in Parusraph "D" (1) above on the first daj of the first month following the date of recordation of this Annexation. EXECUTED this 7th day of _1 .... ).t::e "-c ... e"'ml1.bUec..Lr ________ 198 2 President STATE OF CALIFORNIA, ....... J IS. Counly 0/ ............. p..~D.t~ .... C..l9~9 .. . On .... .Pe.c..e.m.~~e.~.7.1 .... 19..6.~ b.-Iou m, a Notary Public in and lor said CJunly and Siall jJrrIonally aPPlaud ........... );.e.!iL Ty.l.~;t" ................... . ............. ino,,·. 10 mt 10 br Int ,I\!'I.$ ;(..$.t.i3,D..!: ... .Yi.q~ ........... P",iJrnl ~ ........................ ......................... . ............. *~lGKJlKHmcXIK .......................... . ......... XXt~ 0/ lilt cur/ora/ion 'ht!1 IX((UltJ "it tfJ:;thin and fortgoing instruml'nl, and OI'SO l-nown to m, to hi thl prrson (I) 'Who tXfCu/,d tl" 'fA. 'IMn inslrumtnl on br1ialj 0/ tilt corporation Illtrd" namld and acknowlrdgtd to ntt thaI such corpora/ion txuultd 'h' samt . ~ ~' ~" VL LAVERDE NCT~ ~y ?L'5l1C • '.:AlIF()RNIA ".!.,hP;" C:"ARA COUHTY ~v C..,'nmiuion Expire, tA,H. 8 1985 ~~'T'~"""""" .... ---.. J .. t/.<kL1dL.~.tLu ... Notary Public ACKNOWlEDGMENT-CORPORATION VTC.f27 88 H191 P~GE 30 753725.1 \~ \ C\. \. ~~ "2.. S leanWet ....... ., Valley Title Companp DEC. 81982 8:OMM GEORGE A. MANN, Recorder s.ea an c..e" Of ....... 89 DECLARATION OF ANNEXATION 7904186: day of _M:...:..:::(J~V_''eIJ1:.:..:...b:::....:-e...:../''' __ • 1983 THIS DECLARATION is made this ~O by VALLEY TITLE COMPANY. a California c04poration. hereinafter referred co as "Declarant", with reference to the following: 1113 :'!GE 496 A.~fe;cence is, herby made to that certain Declaration of Covenant Conditions and Restrictions for Tract No. 6526, re<?orded on September 20, 1979 in Book E~8Q5 of Official. Records, Page 326 -349,. Santa ClaraCoun- ty Records, State of California, (hereinafter referred to as "Declarant") B. Declarant is the sole owner of lots 14 and IS, 20 thru 22 inc- lusive. 37 thru 40 inclusive and ~ot 76 of Tract 6528, and Parcels "E" and "F" as shown on that certa';'" Parc~':' Map recorded September.·lst, 19-$)~. t::. Map Book 504, at page 7, and Parcel "K" as shown on that cer- tain Parcel Map ~corded March 3rd, 1983, in Map Book 509, at page 49, more particularly described in paragraph "D" below. :"Said property constitutes a portion o£ the real property described in Exhibit of the Declaracion referred to hereina~ove. C. Section 5 of Article "X" of said Declaration provides that all. or part of the real property described in said Exhibit "A" maybe annex.ed to Tract No. 6526 and added to the scheme of the Declaration and subject to the jurisdiction of the Parker Ranch Homeowners Association) upon the conditions stated in said Sections, by filing of a Declaration, pursuant to subsection b-l. 2, 3. 4 and 5 of said article. J> D. valley Title Co. has complied with the conditions stated in subsection b-l. 2.. 3, 4 and 5: of Artic~e "X", Section 5·" of sa~d Dec- laration and hereby declares that the real p4"operty located in the City of Saratoga: County of Santa Clara, State of California, described 'as: 1. Lots 14 and 15, 20 thru 22 in~lusive, 37 thru.40 inclusive and lot 76 as shown upon the Map of Tract 652.8; which Mapwas filed for record in the office of the Recorder of the County of Santa Clara, State of Cali·fornia on May' 3rd, 1982, in Map Book 499, of Maps at Pages 35 -41, and Parcels ''E'' and "F" 'as shown on that certain Parcel Map recorded September 1st, 1982. in Map Book 504, at page 7, and Parcel "K~ as shown on that certain Parcel Map recorded March 3r&,1983, in Map Book 509, at page 49, being residential lots and' parcels, and Parcels "A", "B n , "'C" and "D" be';ng the C .... ommon Area Parcels, as shown on the Map· of Tract 6528, which Map was recorded on May," 3rd, 1982, in Map Book 499 , of Maps at Pages 35 -41. shall hereafter be held, transferred. 'sold, conveyed and occupied subject to the Covenants. Conditions, Restrictions, charges and liens set forth in: safer DeclaratiQn and by this reference thereto said Declaration is hereby incorporated herein, .all of whcih shall run with. and apply to and be binding upon partie~h~ving or acquiring any. right. title or interest:upc)U. said real property. andew~ry partther~ofas a servitud favor of each and .' '11 'of as .;1 90 .E. Date of Commencement of Annual Assessments: Dne Date: The first monthly installment of annual assessments provided for in said Declaration shall commence as to all lots described in Paragraph "0" (1; above on the first day of the month following the date of the first closing in each respective phase. EXECUTED this d! C day of 2~~ , 1983. VALLEY TITr.E· COMPANY, a ::i#i-rpor6:A STATE ~ CALlf'ORNlA,. } """-of ..... J.fL'lJi:LJJlA.ltN .................... &s. .. Qt ••• .7Wf/!!..~ .. s5.~ ... /.q.f~ ............. _muNor¥yPublicin_for_CDunty_SrlItei»=nM/y __ ... ~Jt.ec .. -&..~~ .................................... #mown 10 _orp_ ro trW on _ ~Df _imlcro.y",,_ ro ,.-... ~fJAA?!-:f!.! ... 210./ .. ~r_ .................... ' ........................................ .. '. Mmeo=prpyec1!OQM:",.,....b.yjsotpb·' ). ";II 1;1 ........ ' ....... "' ........................................................ _ •••• _~ of -~ _ exeatted _ ..,; __ fotegoing instrumo!nr. _Ills<> known to _ or p_ ro 1M on fhelNlsis of utimlcrory ""_ 10 bIHhe~(sJ _executed _ "".-min instrumo!nr on bt:haIfDf fheCO¥pOnltion _",in named lind acknO!lVlecig«l ro me thar sud> ~rion ex". RECFEE MJCRO UENNOT SMPF \ - _ .......... A-t)41M.~ ..... _ .. ___ ._ 7004186 ""'11 Ie ... " Va/ky Tide Company DEC.! 1983 8:00AM GEORGE A. MANN,' Recorder . Sell a. c..." 00irW .... No~Public ACKNOWLEOGMENl:.cORPORATlON VTC-121 ;'-. .' 91 Co, Bill # Cod. Ateo H..m.~ r :1>.<1<1",,,, 1~~'" L 366-48-26 15-039 i,K ~::;~=i±:~~~,;!~O~:=' .. ';;:;I;:;t;,i,~:::) ~k< i . '. ';j:i;/:: "-'" , ' :', :,' <:"'" ,"d .""",;~,;¥."·~,t,\,',·~ .. ·~,~",: .. ,.': .. :.,, •. , ,i.")~i,:.:.',:.,f"", k~1:1':Ci~h}~,:~:~:~;~iif~~~~'·6·;~~~:~i~;~a~ti~D 652~ '(parke: ~~):;,'a~~~i'~~' t, ~;< "ith~lJiap.,,~~~:ttled:'fox:~~xecOr\i.onMay;3. 1982 in,~ook '~,~9 ," , ,i""" .. :",.,.,.i,,,,,.:~ •. _,',:.,',:,., .. , ... :~ ... ,.: •. '.'-, .... ',".',.~'.='".,"' ...... :: ........ ;... ... " ':""""~"":~"':'I:,:',;I, .. ", ·':iSthl::Q.~'41~:;');i ... ".;,'.> .• ,' .. ,' ... ',', ..• , .• ,.... ,,'.:., .... '.,. , ',. ii,.,'·" . ".," i',·"'·,,, """,.,., . --._-_.-.-----~ -.---.------.-.---:" --_ .-:-.. --.. ,. . : ->.", ".' ",.:::;':".,-.--:;:-:," ".,' ." :.~.: .~-~ ~~'," ." . J .. :.--.', ":,~~~.' ":,'::;' ~'>;> .. .': ',,'-·~~~:;:··~F{~:.X·~:~~~.;' ;:',::;,;.;~.:\:~j'. };~,~~ ~"::Y ,~!i:,:~:;/:'~(f%: ~,~.,,;, . . ..... :,' ,', Ex.cepti:n.q;'ftom. all;,' the "aL'O'Ve • the·underground:~ater'~r'ight.Sit~i~):no~;j~;4\:;.::;E~ . "'~~9hto~:s~';:~t:l:y'<;qr,an~ ~y.V'ageY.·Ti:t.l~:Company> to;; S~i'Josewa~~i.~1~\f;.; ~,(.:.~,i';~.,.a. .cal.ttorrlia:'~atl.on.hy· l.llstrwnent . dated.June4,{ .15S.21;andi~'\"'Y';'~,<:i E,.·~;.:IllIte:~t~~(~i~9~~;:~,~,;,G839· ,O(:~f£icial:necO~s~,:.~ge·):l.:'i:;:·,):.i:~::,·';;; ;,clbis;cooveyanceis'mad~and~~ted and said realt}, l~:h~reby·g;~'lt~ ",:: subject to the<declaration of restrictions recorded 'In, BookE805 of" OfficialReccrds .atpage 326 and said {feclarationsof restrictions are ... ,~ hereby incorporated by 'reference into the body of this instrument the , same: as though fully set forth herein, .and modification. recorded in .;/ :;:.c' .. ; .... Boo~IG254o'fOfficialRecords' at page 627andmodificationr.ecoroe<i. in .....,;';' Book: G14CofjOff)~iaLRecot'ds;at:page 383 ,and .modification:recot'de<i;in:· .' .... > •.• Book: H19l:'of Official'Records. at page 28 and modification "recot'de<i"in :;;;;:~~~~;,.:;:~ Book"ltt3' or'Official Records, 'at page 496. " ":''':::;''':';" WITHOuT:'~~:EXPRESS,OR lNPLttD. . <,;.<, C i" ,::;:,>~,.;~~~ ,J .... , "-"~".' ' ' -.. 'j.:' '." ' '" . -, .. ;,'~ , ,": ,~,' ,.' .. ',:,' •••. ' ,.' ';'r'.--,,-,' j '. ..' ' .. :-.::..,-: " ' ~ ;';" .' , ',., ... , ""'~'-.. " _-:'. -'~~'~"-'<~' .. ~ .. " -. , ." ' .:... . .-.". ~ ~~'~~:.,:;::.,,:.-:.-:.<' ...... ~-::.<~:~{ . U.J...·W1TNESs:WH~EOF.:~;:~tiora has. cauSed ik.C'Oq)OI"ate ume and seaJ 10 be.~ffixed ~re~o Ztnd this.,''.'tt~"!~t t~.'bet~uted bY,,~'i~;;\;:,~J. duIy""thati2ec!,~ thi~ 'lOthl"y' of JanuarY .1'184 . i.'; .. ",':, .. :.:.,. ~~~;vf:~ir~~~ 92 Name Address Cify & State VALLEY TITLE COMPANY Escrow # Co, Bill # Code Area 366-48-26 15-039 WHEN RECORDED MAIL TO 79S1·126, Vi Recorded allhe requesl of alley Title Company iThe Parker Ranch Horreowners Assn'l c/o Blackwell Homes 'JAN .1 9 1984 8:00AM GEORGE A. MANN, Recorder Sanla Clara C{HIDly, Of£icial Reeords L I L 125 East Sunnyoaks Ave. Campbell, CA 95008 MAIL TAX STATEMENT TO Same as above. VALLEY TITLE COMPANY, Corporation Grant Deed INDIVIDUAL I 240 i).~Gf 33 NO CONSIDERATION Deed out of Holding Agreement The undersigned Grantor declares the tax i·o be County Transfer Tax $ -0- _ Equity ___ Full Value City Conveyance Tax $ __ -_0_-__ a corporation, does hereby GRANT TO THE PARKER RANCH HOMEOWNERS ASSOCIATION the real property situate in the City of Sara toga, County of Santa Clara, State of California, described as follows: All of Parcels C and D of Tract No. 6528 (Parker Ranch) according to the map thereof filed for record on May 3, 1982 in Book 499 of Maps, pages 35 through 4l. Excepting from all the above, the underground water rights with no right of surface entry granted by Valley Title Company to San Jose Water Works, a California corporation, by instrument dated June 4, 1982 and recorded June 11, 1982 in Book G839 of Official Records, page 33. , This conveyance is made and accepted and said realty is hereby granted subject to the declaration of restrictions recorded in Book E80S of Official Records at page 326 and said declarations of restrictions are hereby incorporated by reference into the body of this instrument the same as though fully set forth herein, and modification recorded in Book G254 of Official Records, at page 627 and modification recorded in Book G742 of Official Records, at page 383 and modification recorded in Book Hl91 of Official Records, at page 28 and modification recorded in Book 1113 of Official Records, at page 496. WITHOUT WARRANTY, EXPRESS OR HlPLIED. IN WITNESS WHEREOF, said corporation has caused its corporate name and seal to be affixed hereto and this instrument to be executed by its duly authorized officers, this 10thiayof January ,1984 STATE OF CALIFORNIA COUNTY OF SANTA CLARA On this lO·thday of l ss. January ,1984 a Notary Public in and for said County and State personally appeared known to me to be the Executive VALLEY TITLE COMPANY, a corporation By •••••• -~t;: ..... i?;;:;;~.-:l!J: .... · ............... · ..... : ..... : ... : ....... : ... : .. Pete Borello, Executive Vice President By .................................................................................................... ~ ....... , ............... .. , before me the undersigned Pete Borello President M1X ~¥J«(Xil!(X~)i[ilO{~ :£iMrWNi.j{ of the corporation that executed the wil·hin and foregoing instrument. and also known to me to be the persons who executed the within instrument on leh f,of the corporation -therein named and acknow- ledged to me that such corporation executed the same. , \ r') .................. ............oj .. zt~;ft~it\Q· .... · .. · .. ··· .. ·········· MAIL TAX STATEMENTS AS DIRECTED ABOVE VTC -103 R I 93 us ESCROW NO. 'TRl\CT NO, l75491-PB 6528 When ~ecurded mail to VALLEY TITLE COMPANY 300 South First Street San Jose, CA 95113 ---.. ....uP .... i......"f,.~01 Valle!) JWe (':r)mpan!) JUN 22 1984 8:00AM :RG£ A. MANN, Recorder a.v. CoeRIy, OffJCi&J I1W1rd. :1 ~c:.r:::: ;,.r.~3B3 . u..-... ... v _ This Declaration is mQde this 4 day of June, 1984 by VALLEY TITLE COMPANY, a Califor·nia corporation, hereinafter referred to as "Declarant", with reference to the following: A. Reference is hereby made to that certain Declaration of Convenant Conditions and Restrictions for Tract No. 6526, recorded on September 20, 1979 in Book E-805 of Official Records, Page 326-349, Santa Clara County Records, State of California, (hereinafter referred to as "Declarant") B. Section 5 of Article "X" of said Declaration provides that all or part of the real property described in said Exhibit "A" may be annexed to Tract No. 6526 and added to the scheme of the Declaration and subject to the jurisdiction of the Parker Ranch Homeowners Association upon the conditions stated in said Sections, by filing of a Declaration pursuant to subsection b-l, 2, 3, 4, and 5 of said article. C. Valley TitLe Co. has complied with the conditions stated in subsection b-l, 2, 3, 4 and 5 of Article "X", Section 5, of said Declaration and hereby declares that the real property located in the City of Saratoga, County of Santa Clara, State of California described on Exhibit "A" attached hereto and made a part hereof shall hereafter be held, transferred, sold, conveyed and occupied subject to the Covenants, Conditions, Restrictions, charges and liens set forth in said Declaration and by this reference thereto said Declar~~ion is hereby incorporated herein, all of which shall run with and apply to and be binding upon parties having or acquiring any right, title or interest upon said real property and every part thereof as a servitude in favor of each,and every parcel thereof as the dominant tenement or tenements. 94 D. Date of Commencement of Annual Assessments: Due Date: The first monthly installment of annual assessments provided for in said Declaration shall commence as to all lots described in said Exhibi.1: "A", on the first day of the month following the date of the first closing in said phase. EXECUTED this ! day of ~, 1984. VALLEY TITLE COMPANY, a California corporation BY: . STATE OF CALIFORNIA, } ss. County of •• , •...•••...•• S 9.0.1;~ .. C.l.C\ r.C! .......... ' .. " ., .. . On ••.•••.•. J.IJ n~ .. ~., .. 1.Q~.4 .......................... ,before me a Notary Public in and for said County and State personally appeare( ............ P.~ t.E: .• e.Q r.~ .l.l.Q .................................... known to me ~r proved to me on the basis of satisfa~tory evidence to be the. '" .. JI<.~.C; \1:1:; .i.Y ~ .. ~ J.e; ~ .......... President ita~ ............................................................... . MO)M<ttI)tJX/l{r:»~~i()6~)M(O!.t¥J:I)!I~:tI~~Yd(i<Ye)(cli}0)b#'.iII~ .................................................... -*'*~ of the corporation that executed the within and foregoing instrument. and also known to me or proved to me on the basis of satisfactory evidence to be the person(s) who executed the within instrument on behalf of the corporation therein named and acknowledged to me that such corporation exe· cuted the same. VTC·!2 95 I 655;>~Gt385 EXHIBIT ItA" PHASE 2-C LOTS 47 thru 58 inclusive of Tract 6528 as shown upon-the Map of Tract No. 6528 (The Parker Ranch Unit No.2), filed for record on May 3, 1982 in Book 499 of maps, at pages 35 thru 41, Santa Clara County Records. Parcel "I" (Lots 45&' 46) as shown upon that certain parcel map filed for ,record on September 1, 1982 in Book 504 of Maps at Page 4, Santa Clara County Records. Parcel "J" (Lots 59 & 60) as shown upon t:hat t::~rtain parcel map filed for record on September 1, 1982 in 504 Maps, at Page 5, Santa Clara County Records. 96 Name Address City & State RECORDII'-IG REQUESTED BY Escrow # 175491 Co Bill # 366-48-26 Code Area 15-039 WHE~IrArgo~~fk'ik,¥L :iZ2mch Homeowne s Assn. C/O Blackwell Homes 125 East Sunnyoaks Av Campbell, CA 95008 '-ic~;:fit ;!' . j /o~·-I '", " i. , : 8098045 Retorded al lIre requesl of Valleg Title CompanD JON 1 81984 8:00AM GEORGE A. MANN, Hecorder Santa elm County, Orrimilleturds I 638f'·'GE 93 MAIL TAX STATEMENT TO I' Corporation Grant Deed INDIVIDUAL (!/1)"y>"V)~ C?<.(!4<J Transfer Tax $---- ( ) Full Value SAME AS ABOVE ( ) Equity L VALLEY TITLE COMPANY, a corporation. does hereby GRANT TO THE PARKER RANCH HOMEOWNERS ASSOCIATION the real property situate in the County of Santa Clara, State of California, described as follows: All of Parcels A and B of Tract No. 6528 (Parker Ranch) according to the map thereof filed for record on May 3, 1982 in Book 499 of Maps, pages 35 through 41. Excepting from all the above, the underground water rights with no right of surface entry granted by Valley Title Company to San Jose Water Works, a California corporation, by instrument dated June 4, 1982 and recorded June 11, 1982 in Book G839 of Official Records, page 33. This conveyance is made and accepted and said realty is hereby granted subject to the declaration of restrictions recorded in Book E805 of Official Records at page 326 and said declarations of restrictions are hereby incorporated by reference into the body of this instrument ·the same as though fully set forth herein, qnd modification recorded in Book G254 of Official Records, at page 627 and modification recorded in Book G742 of Official Records, at page 383 and modification recorded in Book H191 of Official Records, at page 28 and modification recorded in Book 1113 of Official Records, at page 496. WITHOUT WARRANTY, EXPRESS OR IMPLIED. !N WITNESS WHEREOF, said corporation has caused its corporate name and seal to be affixed hereto and this instrument to be executed by its duly authorized officers, this 4tl1iayof June ,19 84 ...... v.hJ,l:.!~X ... ':['.J':r.):,..];i; .... <:::Q~.l?.~NX, .... a, .... <:!gEP.9.:r:.a.:"f::.:i,gn _.,P /-/£-~u.~e2o By .......... / ... je. ....................................................................................................... . Pete Borello, Executive VicePresident By ...... . STATE OF CALIFORNIA l COUNTY OF SANTA CLARA j IS. Secretary On this,. 4thday of June ,19 84. before me the undersigned a Notary Public in and for said County and State personally appeared Pete Borello known to me to be the Execu ti ve Vice President XOOX I;X~K )toX 0<!~::Q{~:!WiX X:l!iM*M~ of the corporation that executed the within and foregoing ,nstrument, and also known to m~ to be the persons who executed the within inshumen: f~.7 n beh If of the corporation therein named and acknow- ledged to me that such corporat,on executed the same. . ............... i ...... a~~L~?L ............................. . Notary Public VTC 103 Rt 97 -. r·· VALLEY JITLE COMPANY VTC# 172651 'PB WHEN RECORDED MAIL TO: VALLEY TITLE COMPANY 300 S. First jtreet San Jose, CA 95113 I~H ff~,:,; F ! ~t : .. -,_! I 8i222ie TT. ~'""~ltI "-'1Uey Tia q"Company JUL 1 i'l"984 8:00AM ~~ A MANN, Recorder '-tr, (l{f.a.J icicft. MODIFICATION OF RESTRICTIONS 1708 :'~GE:lUG WHEREAS, there was filed for record a Declaration of Restriction, dated August 21, 1979, executed by Blackwell Homes, a partnership and Valley Title Company, a corporation, and recorded September 20, 1979 in Book E805 6f Official Records, page 326, affecting ~ll of Tract No. 6526, which map was filed for record in the office of the Record~r Of the County of Santa Clara, State of California on August 23, 1979 in Book 448 of Maps, at pages 25, 26 and 27, Santa Clara County Records; and affecting all of Tract 6528 which Map was filed for record in the office of the Recorder in Book 499 of Maps at pages 35-41 Santa Clara County Records. WHEREAS, the undersigned is the record owner of 75% of the lots in said ~ract Nos. 6526 and 6528; WHEREAS, the undersigned is the record owner of 75% f the lots in said Tract 6526 and 6528 does hereby amend and modify said Declaration of Restrictions by changing the following paragraph: Section 3. Pools: No pools (except spas) may be cons- tructed o~ permitted to exist in: (a) Tract 6528 on lots 12, 14, 15, 20, 32, 33, 34,37,39,40,42,43,50,51,52,53,54, 62, 63, 64, 65, 66, 67, 68, 72, and 75 (b) Parcel J as shown am· the Parcel Map fi led for record on July I, 1982 in Book 504 of Maps, Page 5, Santa Clara County Records (c) Parcels M and N as shown on the Parcel Map filed for record on May 25, 1983 in Book 513 of Ma~s, Page 17 in Santa Clara County Records ,(d) Parcel E as shown on the Parcel Map filed for record on September I, 1982 in Book 504 of Maps, page 8 in Santa Clara County Records. Pools on the remaining ~0ts are to be placed on slopes of 30% or less and will be subject to City Staff design review to insure correct placement in relation to trees and slope. Decisions of said City Staff may be appealed to the PlanninO Commission tt1rough the Design Review process. The approvals for pools on Lots 8, 21, Parcels F, Land K are to be reviewed and aDProved by the Planning Commission at the time of the Design Review of the main residence. All nther terms and conditions of the Declaration of Res t ric t ion s I, '" rei nab a v ere fer red to S 11 a I Ire III a i n i n f u I If,) r c e and effect. Uated: April 16, 1984 VALLEY TITLE COMPANY, A CORPORAT I ON /) './ /)1 1 / / /((" /).--j,-" / -, ,;;/ / BY: / /?~!~,,:'~":;"'1_--.[.:..j'_' ______ . f:e-te llo re 110 Execlltiv(' 'Jice !'I'(·sid'·)l\. 98 VALLEY TITLE COHPAN:t VTCI 172651 PB I 708 :>',GE 107 ADDENDu('1 OF MODIFICATION OF RESTRICTIONS /'U ~-G~ -Susan H. Mann ~t~J CITY OF SARATOGA HEREBY CONSENTS TO THE FOREGOING MODIFICATION OF RESTRIC'nONS. STAT" OF CALIFORNIA COUNTY 01' SANTA CLARA CITY OF SARATOGA BY: On ........ ~. ~.1.Y .. ? t .• 1.~~.4 ..................... before me, the undersigfled, a Notary Public in and for said County and Sr"re. persoo41fy app-~n!d ... ~ y. tlJ. ,5, .. ~ ,-, . ~. 0.1. 9n ................................... known to me or proved to b8 such UY' tne oath ot If credible witness to be the person wf:ose name is subscribed to the .... ienin instrument as witness thareto, who, being by me duly sworn, depoied and s.aid: Thlft .. h e .... . ",si<i6s in ...... :3.il fl.t.a ... ~ Lil.f.9 .. C.Q .•... : rha,. .. h.~ ...... waspresenrand saw ... M. C .•.. J.O ho.so.n •.. ko.ow.IJ .. t.O .. him ... . t9 . .I:> e .. .t hg. ? .re.~ i.e!~. n.t .. Q f. . M,.~ .... ~.O.fi t(~ P.~.1 .. 1 Nc.. .•.. il.fJ~ .. k n.QWO .. t.Q .. b.lm .. t.O .. b.e .. th e .. p.e r. so n ~~g. ~2R~g~Igd~~l·~~ t~ i,\\· ·tH~lr:~~~·Wt·c8?n8·r~N 6·nQ~)J.8~t£~P~P.R&a ~ ~~g. tg!18 e inn ame( *'-~~~x·;; )(·x K ~~'1("1t~'l.cfmlcR v;w;t/1'!<1<t}(mt}(<X I<>X?l~<$QI(I«p;.)qXX X.X x~"IQ~~)('~ ~~d/jIleXIll~XrXa'( )O~)i.:lttX XX) ~~l'O~l(""~~l<rX.>tXXX X.X.~W x,x,XW rharsaid affianrsubscribcd .1:1.t s .... name rherero as 8 witness. STATE OF ;:ALIFOR""A COUNTY OF SANTA CLARA WI TNESS my hand and official stUll. WITNESS ACKNOWLEDGMENT VTC·l ~8 On .... , .. -1 V.\ Y,C; ~·U ;.~~.4 .. C· . '1' ..... , .........• be'oro me. the b·nd''''9n.d •• Noto'Y Publ,c in .nd lor , .. d Co<mry .nd Sr.,_, ,,,"..,,,,,ell,, (l{Jp*lIntd ..•..........•..• '1 •• y.Q ,..Q n ............................... known '10 (1J~ Of provfld (0 b<' such by Ihn OI"h of II Cf~(flhJe WI/'fl~~.r :,::';h; P4l'I'JSa (fta ncT ~ ~glCrc~u~ t4" within in.rthu~tfmt u wittllJU thf'lfftro, who,. bt1inf.. by mil aUI,. ,worn. rll!f]nltfd #HId 'lfld: Th.t t] r.. ,. . Re vno' l·d"s· .. ·.,.. r"o' v"e" .. ·C··· S""" Y.r·: "'Ol. ·8·········· w"/?,.,,,ntr nd uw .. tl rye e L. Re V no 1 d s, 1 0 vaL { Il r 1 n s eve t t R ;:, 1 . .... ........... ' -, ..... , .. , " . • S {n's'l e' y'" .... :::·t· e·'······ 'H':' .. ·M ...... · .. ··~·\ .... · ... '1 .... ! ..... ~~ .. ~Y. . ...:~~Y(11.9~. d .. D~. ,S.1. n.~ ley, V rl~n.-i "j ~)(in ............. Y .... Y~I,1 .... , .... iHl.TJ .. qM .. ~.I,J~.;trj H. Miln n .... . ..... .. ,. . .•...• • .1\ •.•••••.•.••. , ••.•. , .... ,ptlr,ofltlIlV Anown ro ,f),},rn., ..... w bft u.. p41nonS .••. , .. d'}SCfilHHi In Mld...no '1fKutrtd th. wirhin inlCflJmfmt II, p",rct ~ S u....... I d . . +M . . ... W#rt.'!IU, sl'}n, J~llJ ItI't I1ftl,,,,,, til" ''''1'1'11'1: rh.,t UIICt 1""( 1 e S KlcllowlMJf1II(I to Mid ~ffl."t tfr.r ."'.~Y .. 'l(<<urtJd rh~ unJ,,; M1d rh8r l.jid ,ff;fill! sublCrlt~d. n i ,S .. n.mt> '~,;:'vto ,ft. W/fnvu WlfNESS my ItMtd *nd oille'illuMI 99 .. STATE cr CAL:fORNIA. } c 'unty 01" , " ' " , , ' , "S ,i\ (l,t p." C, l.iH.'L , " , , ' , , ' , ' " " ' " " ", On ....... J u 1 y. .. 2 oJ •• .1. 9.a~ ............................. ,before me a Notary Public in Bnd for said County alld St<lttJ p8fSOIJIiJlV lJppeaftld ......... P e.t e. . .a. OX e. \ J o ...................................... Iwown co me or proved (0 me on the basis of sBtlsfacrorv tJvidonce (0 M the""" •..•..• ,., .I;:.l\~.<; ~.t.i,yg .. V .i.<;.~ Pre,idenl ovlll X "" ........ ,.".-,"',.,'" )tJ)tJ)V<l(/IO~ifr¥>IQ~l(lt>lblt)M«()I\~,)(s»K:;lUlt~lIe){doD\:>ltJl(16K ..•.•........... , ...... ,."".",."., .. "",.,.,., .3I1lV'b<.It\X of chit corporation rh4t executed rhfJ within Bnd foregoing instrument; and also known to me or proved to me on the basis of satisfactory evidenct,' to be the person(s) who executed the within insrrumenr on bellalf of the corpor~.on therein named Bnd acknowledged to me that such corporation eXt]- CtlttJd the sami!. State of California ~ COunty of Santa Clara) SS It" On this to day of personally appeared (or-pJ:'O'\1'Crl-to--me'on -t ""'" ". fl1ill~h, fLu .. "." Notsry Public ACKNOWLEOGME'NT-CORPORATION VTC·121 woo executed the within instrurent as president (or se=etary) or on behalf of the =qDration therein na.rred and 3cknowledged to Ire that the =qDration executed it. JA.,'c/ cf. I't!;qL . Grace E. Cory, DeE" City Clerk 100 j • I • ... • "'w " -' " •• • '. • •• •• • • ... ,_,,_ '"'' ." ",.11" ' ..... . '" ... ,,. .... ,'. , .. ,"''-, .... '" , . _."" " "" ........ . • " , ,,, ,."to I,." ,_,,, • "., ." .... .. • 1''''''-I" LI"""". , ..... ' ." ',. ' .... '" '-"'" .I!, ."" ,,' .. ".. ,.,. -. ', . •• . , • .. .. .. " '" ... ' .. ' .. ........ ·c ''-, h .• • • ._" .... '" . , .... , .. .. ........ " .. " ."',.-' "'I"~ ..... ' •• •• '. '., " >, H, ,'... " ,., , " . , -, -, -. ....... ,., "., ,." .. -" ',. • ,"-" " . ,._" ," " .. .... ,,. .. " .. ..... ·m •.• '" , ... , '., ., """" " • .. .. .. • ... . .... " • _' ,,', ••• HI .•• '" "I, ./ .",-, ... """. " .... " "" ••••• ' .. " n,,, ',-'. , ..... ' " , ......... , •. ,"' ..... " I ' .... ,. _ ". ...." >'.,. "." ., ... t, .. " """L '." ", ....... " ... H '" ",_ ,,, ._"', " •.• ,. F ... n ........ . " .... ' .... ,' .... ", ......... " '-... • >,-.• " ......... , .... ",. • ., '''''' ". """ .... "_",, h .. " .,." ", ., .... _'.' I " '"'' " ... " .. " 1,_,.,,_ · "'"'''''''''' ~ ,.". " ...... " "." ,.,,, ...... , ,,' .,.,,, ... ,, ". """., C ...... ". " '" " ... , ... "".' ....... r '" .m "" ..... " .. , .". '., ",., "'0' .. , "." ..... '" ... •. " ·.'''n' .to.,,' .""._ •• .-..,\,,'" .. ,.1' • • • • • I j , I = • , ! I I 101 , • .' ....... • .... _ .. \it, ,- " -'"-." .. ~ .. ..- " \F , _\\-(.~ \.," , 1,," \ ,'/ -..... ...... ,,,.--,".,..,,",, , ...... ' -'.' ....... " ... ~., I ' -~---- ~ -~ !~.':.~'~ 'Ii# -~-----,-...k .U..u'I~.l.1J -._",,-- " ... , .. ,,"'> ".. ---_._ .... _------_ ,,,., ,. 10,.. _ •• __ •• _. __ •. __ -----_._._--_.---...... --.--_ .... _ ...... , .. " ..... , -,. --r.-.. ,,, <, .... ".<. I." ~ •• ,.'-", ... , .. , "'" 'f, "",' "" ." .".,', •. , .. ,(", "." I ... ,,,.,,, .... , ................ ,..... --'-' ", . . -:-::-::' _._------..... " -.--... ---------_ .. _-------, .. ... --.. -....... ---- -"--._-"---"-_ ... .._.-- - 102 ".m. VALLEY'TITLE COMPANY ESCROW NO. 196322-5;.' PB APN# 366-50-Parcel D WHEN RECORDED MAil TO Mr. Robert M. Clary 20298 Ljepava Drive Saratoga, CA 95070 if MAIL TAX STATEMENT TO r ~L \J::1L_.....I--"~1 !~'N:') EASEMENT DEED JOI NT TENANCY Recorded at the request of Valley Title Ccmp~i,y JUL 21986 8:00AM LAURIE KANE, Recorder Santa Clara County, Official Records J 750 PAGE 1 GO () NO CONSIDERATION T romler To, $--,,---, - ddt." SAME AS ABOVE ( ) Full Valuo ( ) 'Equity ~ity , it .... L THE PARKER RANCH HOMEOWNERS ASSOCIATION, a California corporot;on, doe, hereby GRANT TO ROBERT M. CLARY and ADRIENNE Y. CLARY, Husband, and Wife, AS JOINT TENANTS. tho r •• 1 property ,ituot. ;n 'he City of Saratoga County of Sonto CJ4ro Ste:tc! of Colifornic:l, described 0$ follows: SEE EXHIBIT "A" ATTACHED FOR LEGAL DESCRIPTION !N WITt.:ESS \VHEREOF. ~ci.:i CO(;o(~tjon t'", cO.l~ed j~s corpor<'1tc nom>;> lH10 ~eo! to bQ oHi.llod herolo and thi~ ;:,,:~!rument to be c~oculed b l dtJly "~J!;'06led oH;cers, f~,;~ Is t d,,), of JULY !S 6 ~ IUlIlIU!lJ;IJlIIIIUIUlllIllHI1:il1I111:~II::!.!:!' II!!I:: ;~::!!I:III;ililJjjIW':'= R"'~~'" Oh-IC'hl S.oAL =0 (.L',','~),' SHIRLEY NWHOLS § \'lid£:,t, N,olary Public-Calitom,& F ~--.:r.~ SANTA CLfviA COP/,TY '" -•• ¥. My co,r.m. E>.pirQs F(:b. 12. 198; ~ 111111111111111111 HUIII UlUlIlllJllJIIj]j STATE OF CALIFORNIA COUNTY OF SANTA CLARA On tho, 1st doy 0; a Notary Public in and for s,,;d County "no Sta1~ persoMUy appoored kno ... tn to me to be the Vice - THE PARKER RANCH HOMEOWNERS ASSOCIATION {)lifor;p~a ... ~rpor... . ()n: ..... . /~' ..... ~ Secretory . h.for. me 'SHIRLEY NICHOLS CYRUS J. SOLON. Presidon' ond GLENDA M. VICKERS kno ..... n to mt to bo the S~CrCtlory of ti;! corporotion thot eJ,ecutod tho within <'1:'1d forego;r,g indrumsnt . .,nd,a!so known to me to be ~hc person$ who Olccutcd the within il'l~trum(!nt~n...heh,,!f (Jf tho4por<3lion therein MHl,('d Mel crb10w, 103 - EXHIBIT "A" J750PAGE1601 A Private Sanitary Sewer Easement for the benefit of Parcel J, said Parcel J being shown on that certain Parcel Map recorded in Book 504 of Maps at page 5, Santa Clara County Records; said Private Sanitary Sewer Easement being for the installation and maintenance of a Private Sanitary Sewer Lateral for said Parcel J and lying within Parcel D as shown on the Map of Tract No. 6528 which Map was recorded in Book 499 of Maps at pages 35 th~u 41, Santa Clara County Records; said Pri va te Sani ta~'y Sewer Easemen t being more particularly described as follows: . Beginning at the Northeast corner of said Parcel J said Northeast corner being also a point on the Southerly Line of Star Ridge Court, a Public Street, which Street is shown on said Parcel Map and on said Map of Tr~ct No. 6528;. thence along the Southerly Line of said Star Ridge Court along the arc of a curve to the left from a radial bearing of South 50°24'20" West with a radius of 247.00 feet through a cell~ral angle of 35° for an'arc distance of 150.67 feet; thence leaving said Southerly Line of Star Ridge Court radially South 15°24'20" West 15.00 feet; thence leaving said r ad i all i n e Nor t h 68 ° 1 1 ' 5 6 'I We s t 76 .. 9 8 fee t j the nee Nor t h 62 ° 50 ' 40 " West 90.00 feet to a point on the Southeasterly Line of said Parcel J, said point being South 50 0 24'20"'West 40.00 feet from said Northeast corner of said Parcel Jj thence along the South- easterly Line of said Par~el J North 50°24'20" East 40.00 feet to the pOint of beginnir.g. 104 REC fEE ~ RMF ( ..!i!f!,O I tiE/I SMPF PCOI: When Recocded Retucn To: FERRARI & FERRARI 300 Second Street, Suite 107 los Altos.CA 94022 CERTIFICATE OF SECOND AMlliLMENT TO DE':":,>.RATION OF COVENANTS, CONDITIONS AND RFSrRICTIONS FOR THE PARKER RANQ! SUBDIVISION 9t;390S1 . " ) (.1 ~ Sf.J~i L. . ! . .:.:. I.;' HTY ; ~ r':..h . :"i~ t. L (~ K683PAGE 972 9839051 K683PAGE 972 Ronald Hay certifies that he is the President of The Parker Ranch. Home- mmers Association, a California non-profit mutual benefit corporation, and that the DECLARATION OF COVENANTS, COllDITIOtlS f.I1~D RES11UG'rrONS rocorded September 20, 1979 in Bock E805, Page 326 of Official Eecords of santa Clara County, California under Recorder's serial No. 7345104, affecting 1'r2:::t No. 6526 as modified by ~10DIFICATION OF DECLARATION OF RESTRICTIONS recorded Apr:l 23, 1982 In Book G742 at page 383 of Official Records under Recorder's Serial No. 7345104 has been amended pursuant to Article X, Section 3 thereof by an instrument signed by not less than seventy-five percent (75%) of the lot owners and by the written consent of the city of Sar~toga. The SECCND AMENDMENT TO DECLJll<ATION OF COVHWlTS, CONDITIONS AND RESTRIC- TIONS is as follo\~s: The second sentence of Article VII. section 19 Wilich previously read, "ylithin ninety (90) days after taking title. ouch oimer agrees to improve, keep und maintain the front area of his reCl1 pl'operty in a neat and orderly appear- ance.1I Is hereby amended to read, "1'Iithin thirty (30) days of recelVlnq a Cer- tificate of Occupancy, each owner·;agrees to ,improve, keep and maintain the front area of his real property in a neat and oraerly appearance, Within one year of receiving a Certificate of OCcupancy, each new owner agrees to complete landscap- ing of the front area of his real property. Each existing owner agrees to com- plete landscaping of the fcont area of his real property within one year pf the recording, 'of, this Second Amendment to the Declarati?~\?f Covenants, Con~i tions and RestnctIOns." [-11I<K.Cf( J<:..f\rJ W It 111£ t!vJ/JE1r1' A s;:::(<" (II TI{) rJ Dated: £ /ZG.'? , 1988 //ti/(;tf) :L r 1\onald Hay, President -- STATE OF Cl\LIFORNIA COUN':Y OF SANTA CL.ARA ss. On thisUday Ofr;'u';(J(-t . in the year ~. before me, fl15if:~_J_·_. a tlotary Public, sta~ california, personally appeart;!d Ronal d Hay, personally ~:nown to me (or [lroved to me on the basis of satisfactory evidence) to be the person who executed the wi thln instrument as President or on behalf of the cor- poration therein named and acknowledged to me that such corporation executed the vlithin instrument pursuant to its by-laws or a resolution of its board of direc- tors. set my hClnd and affixed Iny official s8<11 in Californio. the day and YC:,1r in ·_tlis CCl'tifi- , " 105 Recording Requested By: When recorded Bend to: parker Ranch Homeowners Association P.O. Box 3077 Saratoga, CA 95070 G!2 fEE 1 1 , ~~F 5 J --- ;:l;;' ~:J I 1 --'-' U!.~~ !>:-'~PF =:l -"'1"'--r-. !t r-:-', ....... : lTTORNEY HI1 Zl 3 53 fH '91 Oft ;(,1:1. "!::CORDS SANTA CLARA COUNTY LAURIE KANE RECORDER l 723PlGE 05 4 8 AHSNi>MBh"l' 'l'0 DECLARATION 011 COVJ!lNANTS, CONDITIONS ~ RESTRIC'l'XO~S WHEREAS, a Declaration of Covenants, Condi tions and Restrictions, daced August 21, 1979, executed by 1:':1ilGkwell Homes, a partner.ghip, and Va11ey Titlo Company, a corporation, which was rec(wdad September 20, 1979, in Book BSOS of Official Records, Page 326, affecting all of Tract Number 6526, which Map was filed for record in the office of the R~corder of the county of Santa Clara, state of california, on Augu::;tt 23, 1979, in Book 448 of Maps at. pages 25, 26 and 27, santa Clara county Recurds: and affecting aU. of 'I'ract 652B I which Map was file.d for record in the office of the Recorder, in Book 499 of Maps at pages 35 through 41, Santa Clara count.y Records, by uec.:larat.ion of Annexation; WHEREAS, a modification of Declaration of Restrictions, dateo April 21, 1982, and exe~uted by Valley Title Company, a corporation, and Romano R. Durini and Zlatka Durini, was filed for record on April 23, ~982, as Instrument Number 73"45104, at Book C742 of Official Records, Page 363, was recorded ll'taking certain modifi::ations in the Daclaration of Restrictions as set forth therein; 106 L 723PAG£0550 WHEREAS. a Modification of Restrictions, dated April IS, 1984, executed by Valley Title Company, a corporation, M.C. Johnson Inc., Bryce L. Reynolds, Lova ~. Reynolds, Grover C. Sinsley, Becky L. Sinsley, Cyrus J. solon, Raymond D. Sinsley, Verna Jean sinsley, steven H. Mann and Susan H. Mann, was recorded in the affica of the Recorder of the county of Santa Clara, state of california, on July 11, 1984, as Instrument Number 8122210; wl!EREAS, the undersigned represent record owner.s Qf the lots in said Tract Numbers 6526 and 6529 who have approved of the following amendment and modification to said Declaration of Restrictions by more than the minimum requisite vot~; Article [X, Section 6, currently states: section 6. Fences and Walls: Fences, walls and hedges may be constructed or planted only per city of Saratoga's HC-RD zoning District Regulation-flproximate to the principal structure and in no event to enclose or encompass an area in excess of 4,000 feet". Fencing to be wood frame with wire mesh ... is hereby amended to read as follows: ArLicle IX, Section 6, shall be amended to state: Art.icle IX. sec:;t..i.Qn..-2. Fences and Walls: "Fences, walls and hedges may b~ constructtld or plan'ced subject to thQ following rules as adopted by the Saratoga Planning Commission: ". No more than 50% of a lot area, excltAsiv/=; of any ~ortions designat.ee. as open ~pacz, may be enclOBed by a fence. B. No solid rencing ahall be permitted as stipulated in Section 15-29.020 of the saratoga city Code (which permits 60 feet ot solid fenc~ng to provide privacy) .. C. All fence enclosures greater than 50% of the lot area in existenca as of 107 L 723PAGE05 /19 August 8, 1990, may be approved by the Planning Director. Future requests ior fence enclosures exceeding 50% of the lot area shall be reviewed and approved by the Planninq commission as a modification to the approv~d fanee plan. D. All fences shall b~ set b~ck ~ minimum of twenty (20) feet from prope~ty lines, except that fences shall be set back thirty (30) feet from the front property line (the street side). E. All proposed fence plans shall be submitted to the Planning Director of the City of Saratoga and to Parkar Ranch Architectural Review Committee for review and approval. F. Prior to the Director's approval of the fence plal1, a comprehensive landscape plan shall be review~d and approved by tho Planning Director. Landscaping shall include indig~nous and drought tolerant spacies that will be complcmGntary t~ the vegetation currently wi thin the open space areas. Upon completion of the fence and landscaping, the Director shall conduct an inspection to insurQ satisfacct)ry completion of the landncape plan. G. Fence styles deemed approv<'Ic shall be limited to blacK wrought iron fencing with no spikes or pointed edges, wood frame fQncing with wire l~esh and open wood slat fencirlg. H. No fenceEt shall be contiguous with any neighboring fences. I. Side and rear yard fencinq may be located on property line with no 108 l723p~GE 0551 setbacks when such fencing is adjacent to dedicated open space. All other terms and conditions of the Declaration of Restrictions, as modified, amended and recorded affeC'ting Tract Numbers 6526 and 6528 shall remain in full force and effect. IN WITNESS_~HEP~OF, Amendmen~ this ~ day of STATE OF CALIFORNIA COUNTY OF SANTA CLARA the undersigned have a~ I 1991. ?J executed ss )/ 0 J) ~~ Parker Ranch Homeowners Aasooiation this on this -d.'i--. d~y of /7.r.,IL-, in the year 19!t.L-, before me .. t.he "lnderBigne.d~ts.;;::liC in .md tal' said st'-lte, piJrsonally appear-cd ~IlNXI . .-----------_______ ~,,__"'<_---'~r >" ._--,...."..--".----"""=,-::,.,... '-..... --' p@rsonally known to ma (or prove& to me on the baSis of satisfactory eiJid~nce) to be the person ~_ whose name _..,.-_..,,-_ IS ",ubscribed to the wi thin instrument, and acknowledged that _-.5..he~ it. WITNESS my hand and official ------------------------- 109 G~ERA.L ACiCNOWLEDGMENT L 723 PAGE 0 5 5 2 CA.L-2J ! .~:~.:.~:;:w· .. ··;==·} .. ··rn>··=:s:::~~~"m:z~·>·t~',:;'=1 i Count). ()r~~ tfiV/Et...-Sf>. A RP>F# &, S:c.H_CItTI /j(C~_, ~ : the o"denlgned Not:ary Pubhc. nonaUyappeartd : . : >t • I! -.-------: .: J11 peRORally known to 11\~ : . . : 0 proued to me On the basis of satisfactory evi4en,-'e : ! to he the ptrson(s) W:IOSll name(sJ £A. _ subscribed to the ~ : within instrument, 8tnd acknowledged that ~J(ecuted it. : : WITNESS my ha<1d and ()/ficial $Cal. • I ~/~-i : NOII .. y'~ Si,naturc : ••••• * ........... -;, ••• ~ ••••• ~::..:::~.:.:'r •• ~.,;;,:.,:.,;., •• ~ • ..:;:~:;.::...~..:. ... .;.::..":.: •• "' ••• M ••• ~" ........ . 110 - RECORDING REQUESTED BY 11437532 AND WHEN RECORDED MAIL THIS DEED AND, UNLESS OTHERWISE SHOWN BELOW, MAIL TAX STATEMENTS TO: GRANTOA L Parker Ranch HC!lmeovmers Association P. O. Box )077 Saratoga, CA 95070-1077 w:[C!'5 "'~.--.---+ :-2 r.:;cno;;..· _+-.;.,1 ,.--_1 B]'Gf. __ ,.,J......<;?_--..j 1145 Ml '92 ESCROW NO. _____________ _ TITLE ORDER NO •. ___________ _ SPACE ABOVE THIS LINE FOR RECORDER'S USE EASEMENT GRANT DEED The undersigned grantor(s) declare(s): Documentary transfer tax is $ 0 A.P.N. )66-.50-039 ( ) computed on full value o(property conveyed, or· ( ) computed on full value less value of liens and encumbrailces remaining at time of sale. ( ) Unincorporated area: ( X) City of Saratoga. California , and By this instrument dated June 19. 1992 , for a valuable consideration Paul C. and Judith A. Robles, husband and wife. hereby GRANTi to parker Ranch Homeowners Association. a nonprofit mutual benefit corporation organized under the Nonprofit Mutual Benefit Corpo-ration Law . tile following described real property in the City of Saratoga. County of Santa Clara , State of California, See Exhibit "A" attacl\ed hereto and made a part hereof. STATE OF CALIFORNIA, COUNTY OF 5GI..¥)~c..\(,l.~. On '::fVO" ~o 1'3/1 d... 5A-NDf0il-L S Vile ~ !:.ifYV J ss. before me, .. p .......... ~ or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies). and that by his/her/their signature the instru- ment the per-sones) Of the entity upon behalf of wh' e person(s' executed the .~. WITNES nd .,(nd officiil')eal. l.. tIVY..------'/ '7\ s;- ~1;;G(;\Gll>(!JIlW!I/liI!i1K91.:l{!)GX9Ci<9Ci<9G''(!!GW~iJ.!9'" ~ _ OFFICIAL SEAL G I SANDRA L SWENSON (3 . NOTARY PUBLlC-CALIFORNIA 8' _ ' . i SANTA CLARA COUNTY ~ li1 'fI,y Commission Expires July 18, 1994 M il:/Q\'lGl$ll'Q;:I~~~0l"l~Gl<!lGl<!l~~Gl<'IGl<'IQ . MAIL TAX STATEMENTS TO PARTY SHOWN ON FOLLOWING LINE; IF NO PARTY IS SHOWN, MAIL AS DIRECTED ABOVE. STE·115 (REV. 12/90) Name Street Address City & State 111 .. EXHIBIT "A" DESCRIPTION OF SIGN AND LANDSCAPING EASEMENT An easement for purposes of installing and maintaining a subdi vision entrance sign and related landscaping improvements, described as follows: BEGINNING at the most northeasterly corner of Lot 55, as shown upon the Map of Tract No. 6528 (The Parker Ranch -Unit No.2), filed for record on May 3, 1982, in Book 499 of Maps, at pages 35 through 41, Santa Clara County Records, said corner being ,also a point on the southerly line of Comer Drive as shown on said map; Thence from said easterly line of feet; POINT OF BEGINNING southerly said Lot 55 South 0 0 09' 26" along the West 30.00 Thence westerly, leaving said easterly line at right angles thereto, North 89 0 50' 34" West 30.00 feet; Thence northerly, at right angles to the previous course, North 0 0 09' 26" East 40.65 feet, more or less, to a point on the northerly line of said Lot 55, being also the southerly line of said Comer Drive; Thence easterly along said northerly line of Lot 55 South 70 0 17' 48" East 31.83 feet, more or less, to the POINT OF BEGINNING. iA . ¥ E§)0u w /2 i1 I \y g .. ~/ C" \.~=--~JA a {j)//U./l 1/ 112 ..... SCALE /11 = 10' - POINT OF BECIN/VING PL.AT TO ACCOMPANY LEGAL PESC/?IPTIOA/ -- SIGN AND LANf)SCAf~i#G EAS"E>t1'ENT 113 OFF" ICE OF P. M. 497·M-19 REVERSION TO ACREAGE ----.,r--" .... J30 ------ £SAlT. / ' .... 0 .. I I i I / / PCL. A 3.02 AC. NET OFFICE i b r OF SANTA CLARA COUNTY. CAL IFORN"' A / II e =-+-';;""''-4-------,;----;, ..• :., ----I ... ' --; .... ,.----~ I 5 I 6 , 1.08 AC. I 1.16 AC. / 1.11 AC. \ I / \ I I \ I / \ I I \ o ._.1/ • !li@'2.. I ~/ Jg f I I \ I I \ I I \ / \ I TRACT N! 6526 THE PARKER RANCH 800K II PAGE 366 43 I Ef) ,":= 100' COUNTY ASS ESSOR -SANTA ClARA COUNTY, CAL I FORNI A II 36°6 leJUl I -@- I I" =200' "-... '" ~ ! •• '''' •• , ~/C &J!c ) ~ ••. >. ,,'4.78 AG. II ", pel. A ../ "----~-.- TR. N2 6526 THE PARKER RANCH The Information Provided Is Deemed Reliable, But Is Not Guaranteed. - II 114 1 1 21 j I . ,) I I .. ~ .j ., 1 /' 0) j / OFFICE OF COUNTY ASSESSOR -SANTA CLARA COUNTY, CALIfORNIA P. M. !504 • M -7 TRACT 6528 THE PARKER RANCH UNIT N!! 2 OFfiCE OF COU .. TY ASSESSOR -SANTA CLARA COUNTY. CALIFORNIA TRACT 6526 THE PARKER RANCH UNIT N!2 / / II aoot( II PAGE II 366 49 'O, / , .. ~OO' -M -6 115 ~--::-------;:;;;;-:-:~;;;======,.. OFFICE OF COUNTY ASSESSOR -$ANTA CLARA COUNTY, CALIFORNIA PAGE II 50 / / • J _L. --: ... -'-... TRACT 6528 THE PARKER RANCH UNIT N'2 opEN SPACE Common Area 31.93 AC. NET peL.O _\j~<j!.--1 ---;-, , , 44 I", ,-, I I !:~I_ ... _--J ... ----·.ctH'Ttk· .......::.:.--~"~':.:. .• :..' --- no.",. ~ I -EB~ j I" 200· fs?\ ~ 116 r.\V . "' 1.00 AC. PCl. S OfFICE P.M. 497·M-19 REVERSION TO ACREAGE J PCl. A 3.02 AC. NET IJ!. 2.58 AC. NET Of SAN T A CLARA COUNTY, CAL IFORN'I A / -,.,.,,----,t--""'''-=-=4.0t--------'-,) ---"186.51 -----.---'-'0----..,.,--- I ! 6 II 366, l[ P 43 E I I 4 / 5 ! I_08AC./ 1.16AC.! l.flAC.1 I / \ / I \ / / \ _nEB =r I ! \ ~ ! ~ ~ lj ~ ~ '/ :/ g ~\ I '/ \ / I \ I I \ I I \ I.,~;> I \ I I Il..Zlg ",.8. 12218 RD . I ., , , I ,I" = 100' ) P. M. 556 -M -26 PCL. R. , , \ 2.13 AC. TRACT N2 6526 THE PARKER RANCH 117 OFF ICE OF COUNTY ASSESSOR -SANTA CLARA COUNTY, CALIFORNI A I ~-=-" _IEfj- I I" =200' h , 118 " P. M. 504 -M -8 ~, " OPEN SPACE Common Area p. M; 504 -M, -7 TRACT 61 THE PARKER RANCH UN IT N~ 2 . . OPEN SPACE Common Area / 119 Of~IC E OF ·COUWFV· AS~E~SOR - . TRACT 6528. THE PARKERHANCH 'UN I T I'f' 2 .j .. , .... ' .... .. "'0~ ! II II" II BOOK 366 PAGE 4~ 120 TRACT £528 THE PARKER RANCH UNIT N22 OPEN' SPACE Common AnlP' "31, 93 AC. NET' peL. D 200' -:-~~-"'CENTEk .-b._-=:c-..;......-- SEC. COR .. ~ ~.,' ,_11'._,;",",', 121 Page 1 of 2 SARATOGA CITY COUNCIL MEETING DATE: July 1, 2009 AGENDA ITEM: DEPARTMENT: Public Works CITY MANAGER: Dave Anderson PREPARED BY: John Cherbone DIRECTOR: John Cherbone Public Works Director Public Works Director SUBJECT: Amendment to Traffic Signal Service Contract RECOMMENDED ACTIONS: Approve an Amendment to the existing service contract with Republic ITS Traffic Signal for repair work in the amount of $21,528. REPORT SUMMARY: Every year the City budgets $25,000 for unscheduled repairs to our City’s 15 signalized intersections. In most years the budget is sufficient to cover these costs, but in some rare years, such as last fiscal year, it is not. The current projection of costs for unscheduled repairs in FY 2008-2009 is $46,528 or $21,528 over the budgeted amount. However, approximately $9,600 of this amount will be reimbursed to the City from AT&T and San Jose Water Co. for damage their contractors caused to City property. Effectively, the net additional cost for these repairs is $11,928. The following items represent the costs above the “normal” repair budget experienced last FY: · Timing Coordination: Call outs for traffic signal timing problems = $4,084 · Traffic Light Outages: Call outs for major traffic signal failures = $14,131 · Bicycle Sensitivity: Call outs for bicycle loop detection problems = $4,385 · Damage by Outside Parties: Call out for repairs = $9,600 The items above are not systemic issues and should be resolved for the long term. Staff still feels comfortable with our normal budget amount of $25,000 for unscheduled repairs as we do not anticipate the high level of activity experienced last year. Therefore it is recommended that City Council approve an increase to the Traffic Signal Maintenance service contract with Republic ITS in the amount of $21,528. FISCAL IMPACTS: Funding for the additional costs can be covered in the FY 2008-2009 Streets and Storm Drain Maintenance budget. Approximately, $9,600 will be reimbursed from AT&T and San Jose Water Co. 122 Page 2 of 2 CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The contract amendment would not be approved and the contractor would not be compensated for the additional work. ALTERNATIVE ACTION: None in addition to the above. FOLLOW UP ACTION: The contractor will be compensated for the additional work. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: None. 123 Page 1 of 2 SARATOGA CITY COUNCIL MEETING DATE: July 1, 2009 AGENDA ITEM: DEPARTMENT: Public Works CITY MANAGER: Dave Anderson PREPARED BY: John Cherbone DIRECTOR: John Cherbone Public Works Director Public Works Director SUBJECT: Amendment to Heritage Orchard Maintenance Service Contract RECOMMENDED ACTIONS: Approve an Amendment to the existing service contract with Mathew Novakovich for irrigation repairs in Heritage Orchard in the amount of $5,898. REPORT SUMMARY: When the path through the Heritage Orchard to the Library was formalized, the City began to see an increase in vandalism to the irrigation system (broken lines, snapped of water heads, etc.). This year was particularly bad with the cost for irrigation repairs $5,898 over the budgeted amount of $3,000. Because this is a cumulative problem, it is difficult to attribute any one person or group of persons responsible for the vandalism, but there is strong suspicion the damage is occurring when groups of students walk to the library from Redwood Middle School. The higher level of vandalism experienced this fiscal year effectively increased the amount of the Heritage Orchard Maintenance Contract. Therefore it is recommended that City Council approve an increase to the Heritage Orchard Maintenance Contract service contract with Mathew Novakovich in the amount of $5,898. FISCAL IMPACTS: Funding for the additional costs can be covered in the FY 2008-2009 Parks and Landscape Maintenance budget. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The contract amendment would not be approved and the contractor would not be compensated for the additional work. ALTERNATIVE ACTION: None in addition to the above. 124 Page 2 of 2 FOLLOW UP ACTION: The contractor will be compensated for the additional work. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: None. 125 126 127 128 129 130 131 132 133 134 135 136 13 7 138 139 140 141 142 143 144 145 146 147 Page 1 of 2 SARATOGA CITY COUNCIL MEETING DATE: July 1, 2009 AGENDA ITEM: DEPARTMENT: City Attorney CITY MANAGER: Dave Anderson PREPARED BY: Richard Taylor DIRECTOR: Richard Taylor SUBJECT: City Council and Commissions’ Electronic Communications Policy RECOMMENDED ACTION: Discuss the draft City Council and Commissions’ Electronic Communications Policy and provide direction to staff. REPORT SUMMARY: City communications increasingly occur through electronic means. Over the years the City has followed various formal and informal procedures for effective use of electronic communications. The attached draft policy seeks to collect and coordinate those procedures into a single policy document for use by the City Council and City Commissions. While the primary objective of the draft policy is to promote effective use of electronic communications in conducting City business, an important secondary purpose is to create a system that allows compliance with state and federal laws governing electronic communications. Those laws include the Records Retention Act, the Public Records Act, the Brown Act, and state and federal rules of evidence. The attached policy facilitates compliance with those laws by the City, Council members, and Commissioners. Under the policy, the City would issue e-mail addresses to all Commissioners and Council members (currently only the Council and Planning Commission have e-mail addresses). These addresses would be used for all City business. Personal business via City e-mail would be prohibited. The policy includes straightforward guidelines for use of City e-mail and the internet in a manner that does not violate the Brown Act or other laws (e.g., no policy discussions among Council members or Commissioners via e- mail or internet forums). The policy is drafted in a manner that applies to any type of electronic communication account issued by the City. If the City develops tools other than e-mail (e.g., instant messaging) the policy would apply to use of those tools as well. The policy also formalizes existing procedures for responding to e-mails from the public addressed to the Council or a Commission as a whole and for responding to e-mails to less than a quorum. It also establishes as formal policy for all Commissions the existing practice for Council and Planning Commission of posting all agendas and minutes on the City website. Finally, the policy addresses two relatively new matters. The first concerns use of e-mail during Council or Commission meetings. With increasing use of laptops for notes and paperless agendas there is a potential for use of e-mail during the meeting. To assure the public that their decision-makers are considering only the public information presented at the meeting the policy makes clear that e-mail may not be used by a decision-maker during a meeting. The second new matters concerns e-mail retention. 148 Page 2 of 2 Historically the City has printed all substantive e-mail for archival purposes. The City now has the capacity to electronically archive e-mails without printing. This is reflected in the policy. FISCAL IMPACTS: None significant. There will be some staff time involved in establishing user accounts for all Commissioners and in Commissioner training but these costs will be offset in the long run through more effective recordkeeping and resident services. FOLLOW UP ACTION: The City Attorney will finalize the policy to reflect direction from Council and the policy will be set for formal adoption at a future Council meeting. ADVERTISING, NOTICING AND PUBLIC CONTACT: Notice for this meeting. ATTACHMENTS: Draft City Council and Commission Electronic Communications Policy 149 DRAFT – June 25, 2009 CITY OF SARATOGA City Council and Commission Electronic Communications Policy I. Purpose: Use of electronic media is necessary and useful for City Council and Commission members in order to improve communication and efficiently perform their City duties. The purpose of this policy is to insure the proper use of the City’s electronic media and to set out the policy the City Council and Commission members will follow when using electronic media and the City’s electronic communication system. This policy will also insure that use of City electronic media complies with applicable law, including the Public Records Act and Brown Act. This policy is applicable to all City Council members and Commissioners. II. Definitions A. City’s Electronic Communication System – City-owned devices or products designed to electronically process, transmit, or store information such as computers, phones, cell and smart phones, printers, modems, data files, and e-mail. B. User – a Council member or Commissioner who uses the City’s electronic communication system. C. E-Communication – electronic text or visual communication and attachments distributed via e-mail, websites, instant messaging, text messaging, twitter, or comparable protocols. D. Electronic Media – a method for processing or transmitting information in electronic form, including E-Communication, software programs and the Internet. III. General Procedures A. Protocol for Electronic Communications. All Council members and Commissioners will be issued accounts for use of City electronic media for E-Communication on City business. E-Communication by nature represents and reflects upon the City’s public image and integrity. Users should insure that their messages are respectful, professional, and are consistent with City policies. E-Communication should be written or otherwise presented in the same professional and respectful manner as paper communications. The City’s Electronic Communication System shall be used only for City business. B. No Use of Personal E-Communication. Users shall not use their home or business E- Communication accounts or addresses for any communication pertaining to City business. When using E-Communication, users should communicate with the public and staff solely via their designated City E-Communication addresses. Users shall not commingle E-Communication pertaining to City business with E-Communication pertaining to their home or business. 150 Council and Commission Electronic Communications Policy Page 2 of 4 C. Electronic Communications between Council members or Commissioners Concerning City Business. Communications from (1) a Council member to another Council member or members concerning City business, and (2) a Commissioner to another Commissioner or Commissioners concerning Commission business should be “one way” and marked “For Information Only—Do Not Reply.” D. Electronic Communication by a Quorum of the Council and Commission or a Council and Commission Standing Committee. A majority of the members of the Council or a Commission shall not send or exchange facts about or engage in discussions regarding City issues via E-Communication, including chat rooms, news groups, on-line forums, weblogs, twitter feeds, or list-serves (collectively referred to as “Internet forums”). E. Electronic Communications from the Public. The public may electronically communicate with the Council and Commission through the City’s Website at: www.saratoga.ca.us. 1) E-Communication from the public addressed to the City Council will be distributed to each Council member and E-Communication addressed to a Commission will be distributed to each member of the Commission. E- Communication addressed to the Council or a Commission also will be forwarded to the City Clerk. The Mayor, in consultation with staff if necessary, will respond on behalf of the Council to E-Communication addressed to the Council. The Commission chair or Commission staff liaison will respond on behalf of the Commission to E-Communication addressed to the Commission. 2) E-Communication from the public addressed to more than a quorum of the City Council or Commission shall be forwarded by the recipients to the City Clerk (for the City Council) or staff liaison for the Commission. These E-Communications will be distributed and responded to in accordance with paragraph E.1, above. 3) Upon receipt of an E-Communication addressed to less than a quorum of the City Council or Commission, the recipient may: 1) treat it as an individual communication to which he or she may or may not respond; 2) inform the Council or Commission of the communication at a properly noticed meeting; or 3) ask that it be forwarded to the full Council or Commission as part of its information packet for the next available Council or Commission meeting. Such E- Communication may also be forwarded to staff for response as set out in Section G, below. When a User responds to individual E-Communication from the public, and desires to forward the response to the Council or Commission, he or she shall forward his or her response and the individual E-Communication to the City Clerk or Commission liaison for inclusion in the Council or Commission’s informational packet at the next available Council or Commission meeting. F. City Electronic Communications with the Public. City staff will post official information on upcoming and prior City Council meetings, workshops and events on the 151 Council and Commission Electronic Communications Policy Page 3 of 4 City Website. Council and Commission agendas and minutes will be posted for the current and prior calendar year. Additional materials may be posted at the discretion of the City Manager or Manager’s designee. G. Use of E-Communication During Meetings. City Council members shall not use E- Communication at any time during a meeting of the City Council at which he or she is in attendance. No Commissioner may use E-Communication at any time during a meeting of the Commission of which he or she is a member at which he or she is in attendance. H. City Participation in Internet Forums. The City will not generally answer questions or respond to comments made in Internet forums. The City will post answers to such questions on its website if the questions are deemed important by the Mayor or by the City Manager or at the direction of the City Council. If a Council member desires staff to prepare a response to a question or comment received by E-Communication or made in an Internet forum, the Council and Commission member may forward the question or comment to the City Manager and request that staff prepare an appropriate response in a reasonable period of time. If preparation of a response will require significant staff time to research or draft the response, an interim response to the questioner or commenter will be sent as soon as possible acknowledging receipt of the inquiry and informing the sender that a response is being prepared. IV. Specific Procedures A. Retention of E-Mail. The City electronically archives E-communications in accordance with the City’s Records Retention schedule. E-communications that constitute preliminary drafts, notes, or intra-agency or interagency memoranda that are not retained by the City in the ordinary course of business are not required to be archived and should be deleted prior to regularly scheduled archiving. The City Clerk and City Attorney are available to assist users in determining how to address questions concerning the application of these procedures. B. Public Records Act. City records, whether paper or electronic, are governed by the public disclosure requirements of the Public Records Act. Disclosure may be required regardless of who sends or receives a communication or document. In the event that the City receives a request for disclosure of City records that includes E-Communication, the person responsible for the requested records must use his or her best efforts to preserve all City E-Communication covered by the request until the responsive E- Communications have been identified. Requests for disclosure of any City records applicable to E-Communication or other electronic records of any user subject to this policy shall be submitted to the City Clerk.. C. Confidentiality. 1) California law requires that certain information be treated as confidential and not be distributed to others inside or outside the City who do not have authorization to view such information. Council members or Commissioners may occasionally receive 152 Council and Commission Electronic Communications Policy Page 4 of 4 confidential electronic information. Some examples of confidential information are: personnel records, internal investigations, information relating to litigation or potential litigation, attorney-client communication, information relating to labor negotiations, or information relating to confidential real estate negotiations. When Council and Commission members receive confidential information, it should be marked “Confidential Information” so that Council and Commission members are alerted to the nature of the information. 2) Confidential information should not be sent or forwarded to individuals or entities not authorized to receive that information and should not be sent or forwarded to City employees not authorized to view such information. 3) Council and Commission members shall exercise caution in sending confidential information by E-Communication as compared to written memoranda, letters or phone calls, because of the ease with which such information can lose confidentiality by inadvertent or intentional diversion or re-transmission by others. 4) The City Attorney should be contacted concerning any questions about whether a communication is confidential. V. Compliance with this Policy: It is the responsibility of every user to insure that he or she is in compliance with this Electronic Communications Policy. P:\SARATOGA\FORMS\E-Mail Retention Policies\E-Communications Policy (Draft 06-25-09).doc 153 154 155 156 157