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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
July 9, 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
SPECIAL PRESENTATIONS
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
AGENDA
REGULAR MEETING
SARATOGA CITY COUNCIL
Wednesday, July 15, 2009
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Mayor remove an item from the Consent Calendar for discussion. Public Speakers are
limited to three (3) minutes.
1. City Council Minutes – July 1, 2009
Recommended action:
Approve minutes.
2. City Council Minutes – September 21, 2005
Recommended action:
Approve minutes.
3. Review of Accounts Payable Check Registers
Recommended action:
That the City Council accepts the Check Registers for Accounts Payable cycles:
June 25, 2009
July 02, 2009 (Period 13)
July 02, 2009 (Period 01)
4. Landscape Maintenance Contract – Gachina Landscape Management
Recommended action:
Approve a two-year contract with Gachina Landscape Management for monthly
landscape maintenance services in the amount of $75,756 per year and authorize City
Manager to execute the same.
5. Landscape Maintenance Contract – Loral Landscaping, Inc.
Recommended action:
Approve a two-year contract with Loral Landscaping, Inc. for monthly landscape
maintenance services in the amount of $52,320 per year and authorize City Manager
to execute the same.
6. Approval of Security Lighting in Parker Ranch Open Space
Recommended action:
Approve Resolution allowing Parker Ranch Homeowners Association to install
Safety Lights in Private Open Space
7. Adoption of Zoning Ordinance Amendment to create an Expedited Administrative
Conditional Use Permit process for commercial uses of 4,000 square feet or less and
generators.
Recommended action:
Staff recommends the Council waive the Second Reading and adopt the Ordinance
amending the Zoning Regulations related to Conditional Use Permits.
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
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8. Confirmation of Report and Assessment of 2009 Weed/Brush Abatement Program
Recommended action:
Open public hearing, close public hearing, and adopt resolution confirming report and
assessment of hazardous vegetation abatement charges.
9. Proposed ordinance amending the City Code to revise the requirements for park
dedication and fees and technical amendments to the City’s code provisions to
conform with state law.
Recommended action:
(1) Open the public hearing and consider all testimony received;
(2) Introduce and waive the first reading of the attached ordinance; and
(3) Direct staff to place the attached ordinance and resolution on the consent calendar
for adoption at the September 2, 2009 City Council meeting.
OLD BUSINESS
10. Records Management Program: Resolutions Amending the City's Records Retention
Schedule and Authorizing Destruction of Certain City Records
Recommended action:
1. Adopt Resolution Amending City's Records Retention Schedule.
2. Adopt Resolution Authorizing Destruction of Certain City Records.
NEW BUSINESS
11. Parking Violation Penalty Increase
Recommended action:
Adopt resolution approving a ten-dollar increase in the fine amount for parking
violations.
12. Zoning Ordinance Amendment to Create Regulations for Tobacco Retailers
Recommended action:
Review the draft ordinance and provide direction to staff.
13. Proposed Membership in Bay Area Climate Collaborative/Signatory to Bay Area
Climate Change Compact
Recommended action:
Accept report and adopt Resolution authorizing the City of Saratoga to become a
member of the Bay Area Climate Collaborative (BACC) and authorizing the Mayor
to become a signatory of the Bay Area Climate Change Compact.
14. Saratoga Emergency Operations Plan (EOP)
Recommended action:
Approve the new City of Saratoga Emergency Operations Plan (EOP)
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
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Valley Transportation Authority PAC
West Valley Sanitation District
West Valley Mayors and Managers Association
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
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arrangements to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title
II)
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 July 9, 2009, of
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 9th day of July 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
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
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SARATOGA CITY COUNCIL
MEETING DATE: July 15, 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 – July 1, 2009
RECOMMENDED ACTION:
Approve minutes.
REPORT SUMMARY:
Approve minutes as submitted for July 1, 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 July 1, 2009 City Council meeting.
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MINUTES
SARATOGA CITY COUNCIL
JULY 1, 2009
The City Council of the City of Saratoga met in Closed Session in the Administrative
Conference Room at 5:30 p.m.
ANNOUNCEMENT OF CLOSED SESSION
Conference with Legal Counsel – Initiation of Litigation: Significant exposure to
litigation pursuant to Government Code 54956.9 (c) (2 Cases)
MAYOR’S REPORT ON CLOSED SESSION
Mayor Page stated there was no reportable information
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
John Cherbone, Public Works Director
John Livingstone, Community Development Director
Rina Shah, Planning Intern
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 July 1, 2009, was properly posted on June 25, 2009.
ORAL COMMUNICATIONS
Denise Goldberg, Parks and Recreation Commissioner, invited everyone to the Fourth of
July celebration in Azule Park at 10:15AM on Saturday, July 4th and the Ribbon Cutting
Ceremony for the Kevin Moran Park Grand Opening at 4:00PM on Friday, July 17th.
DIRECTION TO STAFF
None
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COMMUNICATIONS FROM BOARDS AND COMMISSIONS
None
DIRECTION TO STAFF
None
ANNOUNCEMENTS
Councilmember Hunter announced Mayor Page will be unveiling the four historic bronze
plaques after the July 4th celebration. The event will take place at 12:30PM at Bella
Saratoga and a champagne reception will follow immediately after. She noted the
historic plaques are displayed on four historic buildings – the Bank Bar, Bella Saratoga,
Arthur Mintz and the Agnes Store.
She also noted there is a dance “Saratoga Swings” scheduled on Saturday, July 18th from
5:00PM to 8:00PM in the Bank of America parking lot and “Saratoga Swings
Bolleywood” is scheduled on August 1st.
Vice Mayor King announced that LED lights have been placed on a tree on Big Basin
and challenged Public Works Director John Cherbone to locate which tree it is.
Mayor Page noted that the Fourth of July Holiday is this weekend and reminded everyone
to place their right hand over their heart and to remove their hat when the National
Anthem is played.
CEREMONIAL ITEMS
1. COMMENDATION FOR MARCIA MANZO
STAFF RECOMMENDATION:
Present commendation.
Mayor Page read and presented the commendation to Marcia Manzo. Melinda
Cervantes also presented Marcia with a special book containing a name plate
commemorating Marcia Manzo.
2. PROCLAMATION RECOGNIZING JULY AS PARKS AND RECREATION
MONTH IN SARATOGA
STAFF RECOMMENDATION:
Acknowledge proclamation.
Mayor Page read and presented the commendation to Parks and Recreation
Commission Chair Denise Goldberg.
SPECIAL PRESENTATIONS
None
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CONSENT CALENDAR
3. SPECIAL MEETING MINUTES – CITY COUNCIL/HOME OWNERS
ASSOCIATIONS – JUNE 17, 2009
STAFF RECOMMENDATION:
Approve minutes.
KING/NAGPAL MOVED TO APPROVE SPECIAL MEETING MINUTES –
CITY COUNCIL/HOME OWNERS ASSOCIATIONS – JUNE 17, 2009.
MOTION PASSED 5-0-0.
4. CITY COUNCIL MINUTES – JUNE 17, 2009
STAFF RECOMMENDATION:
Approve minutes.
KING/NAGPAL MOVED TO APPROVE CITY COUNCIL MEETING
MINUTES – JUNE 17, 2009. MOTION PASSED 5-0-0.
5. REVIEW OF ACCOUNTS PAYABLE REGISTERS
STAFF RECOMMENDATION:
That the City Council accepts the Check Registers for Accounts Payable cycles:
June 11, 2009
June 18, 2009
KING/NAGPAL MOVED TO ACCEPT THE CHECK REGISTERS FOR
ACCOUNTS PAYABLE CYCLES: JUNE 11, 2009 AND JUNE 18, 2009.
MOTION PASSED 5-0-0.
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6. TREASURER’S REPORT FOR THE MONTH ENDED MAY 31, 2009
STAFF RECOMMENDATION:
The City Council review and accept the Treasurer’s Report for the month ended May
31, 2009.
KING/NAGPAL MOVED TO ACCEPT THE TREASURER’S REPORT FOR
THE MONTH ENDED MAY 31, 2009. MOTION PASSED 5-0-0.
7. CITIZEN OPTIONS FOR PUBLIC SAFETY - SUPPLEMENTAL LAW
ENFORCEMENT SERVICES FUNDS GRANT (COPS/SLESF)
STAFF RECOMMENDATION:
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.
RESOLUTION NO. 09-038
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KING/NAGPAL MOVED TO 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. MOTION PASSED 5-0-0.
8. PROPERTY TAX LEVY FOR DEBT SERVICE PAYMENTS ON THE
LIBRARY GENERAL OBLIGATION BONDS
STAFF RECOMMENDATION:
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.
RESOLUTION NO. 09-039
KING/NAGPAL MOVED TO ADOPT RESOLUTION WHICH SETS THE
FY2009/10 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. MOTION PASSED 5-0-0.
9. APPROVAL OF SECURITY LIGHTING IN PARKER RANCH OPEN SPACE
STAFF RECOMMENDATION:
Approve Resolution allowing Parker Ranch Home Owner Association to install
Safety Lights in Private Open Space.
Mayor Page removed this item noting that a Parker Ranch representative requested
that this item be continued to the July 15, 2009 meeting when they would be available
to address any questions.
MILLER/NAGPAL MOVED TO APPROVE MOVING THIS ITEM TO THE
JULY 15, 2009 CITY COUNCIL MEETING. MOTION PASSED 5-0-0.
10. AMENDMENT TO TRAFFIC SIGNAL SERVICE CONTRACT
STAFF RECOMMENDATION:
Approve an Amendment to the existing service contract with Republic ITS Traffic
Signal for repair work in the amount of $21,528.
Councilmember Miller removed this item for clarification.
Councilmember Miller inquired about the costs of this service and the reason for the
increase in costs.
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Public Works Director John Cherbone explained that occasionally increases occur
due to service call outs for timing coordination, signal failures, bicycle loop
sensitivity and damage caused by motor vehicles.
Janice Gamper requested to speak on this item and noted that the timing for a right
turn signal at an unspecified intersection seemed to take a long time before it would
turn red to green.
Mayor Page noted Director Cherbone could look into the timing of the right and left
turn signal lights.
MILLER/NAGPAL MOVED TO APPROVE AN MENDMENT TO THE
EXISTING SERVICE CONTRACT WITH REPUBLIC ITS TRAFFIC
SIGNAL FOR REPAIR WORK IN THE AMOUNT OF $21,528. MOTION
PASSED 5-0-0.
11. AMENDMENT TO HERITAGE ORCHARD MAINTENANCE SERVICE
CONTRACT
STAFF RECOMMENDATION:
Approve an Amendment to the existing service contract with Matthew Novakovich
for irrigation repairs in Heritage Orchard in the amount of $5,898.
KING/NAGPAL MOVED TO APPROVE AN AMENDMENT TO THE
EXISTING SERVICE CONTRACT WITH MATTHEW NOVAKOVICH FOR
IRRIGATION REPAIRS IN HERITAGE ORCHARD IN THE AMOUNT OF
$5,898. MOTION PASSED 5-0-0.
PUBLIC HEARINGS
12. ZONING ORDINANCE AMENDMENT TO CREATE AN EXPEDITED
ADMINISTRATIVE CONDITIONAL USE PERMIT PROCESS
STAFF RECOMMENDATION:
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.
Rina Shah, Planning Intern, presented the staff report.
Mayor Page opened the public hearing.
No one requested to speak on this item.
Mayor Page closed the public hearing.
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Council proceeded to discuss the inclusion of generator permits and inquired as to
how that item became part of the proposed expedited Conditional Use Permit (CUP)
process.
Planning Intern Shah noted generator permits had been included in the expedited
CUP discussion from the very first Planning Commission Study Session because of
the number of complaints raised regarding the cost and the slow permit process.
Vice Mayor King recommended including that history in the staff report for
clarification.
Council inquired about the proposed threshold of 5,000 square feet for conditionally
permitted uses in a commercial district noting that at the May 5, 2009 Joint Study
Session with the Planning Commission, Council recommended 3,000 square feet as
the maximum square footage.
Council also voiced concerns regarding the appeal process and whether or not there
should be only one appeal step, which would be to the Council.
Planning Commissioners Joyce Hlava and Doug Robertson were available to address
those concerns.
Commissioner Robertson noted that the objective of the expedited CUP is to
encourage businesses to come into Saratoga and the commissioners felt that by
limiting the commercial square footage they may also be limiting new business
opportunities.
Commissioner Hlava addressed the Council and added clarification regarding the
generator permit issue. She noted that the Planning Commission receives a large
number of generator permit applications and each one is required to go through the
formal CUP process, which is very time intensive for both the applicant and the
commission. The commission felt that the main finding for approving generator
permits is the 60 DBA at the property line and the commission felt that these permit
applications could be approved through the expedited CUP process.
Commissioner Hlava also addressed the appeal concern noting that the Planning
Commission has continuing jurisdiction over conditional use permits and they did
include a provision in the proposed ordinance that if there is a controversial CUP
application, staff could refer it to the Planning Commission; therefore the commission
felt that the first appeal step should be to the Planning Commission followed by a
second appeal step to the City Council.
Council inquired about the expedited CUP process if a project required environmental
documentation under the Environmental Quality Act (CEQA).
Community Development Director John Livingstone noted that any project that
required a traffic study would have to meet CEQA requirements.
Council continued discussion on these items and felt they were ready to make a
motion.
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Mayor Page noted that he would like staff to change wording in Article 15-55
CONDITIONAL USE PERMITS; 15-55.10 Purposes of Article. “So that the district”
be changed to “The purpose of this article is to provide that the district” etc.
Councilmember Nagpal requested that appropriate wording be added to the ordinance
clarifying that if the Community Development Director refers a matter to the
Planning Commission, this referral would not be interpreted as a decision.
City Attorney Richard Taylor noted this amended language in Section 15-55.065 (c).
Attorney Taylor noted that for clarification purposes in this same section item (1) he
also added (“Commercial CUPs”) – pursuant to this section and in item (2) he added
(“Generator CUPs”) – pursuant to this section.
KING/MILLER MOVED TO ACCEPT ZONING ORDINANCE AMENDMENT
TO CREATE AN EXPEDITED ADMINISTRATIVE CONDITIONAL USE
PERMIT PROCESS WITH THE FOLLOWING CHANGES:
ADMINISTRATIVE CONDITIONAL USE PERMIT PROCESS FOR
BUSINESSES UP TO 4,000 SQUARE FEET; THE APPEAL BODY FOR ALL
ZONING ADMINISTRATOR DECISIONS IS THE CITY COUNCIL WITH
THE EXCEPTION THAT THE PLANNING COMMISSION BE THE
APPEAL BODY REGARDING GENERATOR APPEALS FROM DECISIONS
MADE BY THE ZONING ADMINISTRATOR; AND THE RECOMMENDED
CHANGES TO THE WORDING IN THE PURPOSES OF ARTICLE 15-55.10
FROM “SO THAT” TO “THE PURPOSE OF THIS ARTICLE IS TO
PROVIDE THAT THE DISTRICT”; AND TO SCHEDULE THIS ITEM FOR
ADOPTION ON THE CONSENT CALENDAR AT THE NEXT REGULARLY
SCHEDULED CITY COUNCIL MEETING – SUBJECT TO THE CITY
ATTORNEY READING THE MOTION FOR APPROVAL LATER IN THIS
MEETING. MOTION PASSED 5-0-0.
DIRECTION TO STAFF:
City Council requested Zoning Administrator decisions be communicated to the
Planning Commission and to City Council; and any Zoning Administrator decision
appeals to Council and design reviews be identified to the Planning Commission via a
Newsletter item and/or a Planning Commission agenda report.
OLD BUSINESS
None
NEW BUSINESS
13. CITY COUNCIL AND COMMISSIONS’ ELECTRONIC
COMMUNICATIONS POLICY
STAFF RECOMMENDATION:
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Discuss the draft City Council and Commissions’ Electronic Communications Policy
and provide direction to staff.
City Attorney Richard Taylor presented the staff report.
Mayor Page invited public comment.
No one requested to speak on this item.
Mayor Page closed the public comment.
Vice Mayor King made two suggestions: 1) the Mayor appoint a designee to respond
to email that is sent to all council members when the Mayor is on vacation; 2) that the
signature line for each council member contains wording requesting that the recipient
not forward the council member’s response to another council member due to Brown
Act violations.
Councilmember Miller also made two suggestions: 1) Section II, paragraph C of the
Draft Communications Policy, instead of using the word “protocol”, use “services”;
and Section III, paragraph A, instead of “protocol” use “procedures”.
DIRECTION TO STAFF:
Staff should create the appropriate wording for the email signature line to include
wording regarding the Brown Act restrictions and that all email messages sent to an
individual council member or council as a whole, are considered public records.
HUNTER/MILLER MOVED THAT COUNCIL AND PLANNING
COMMISSIONERS WORK WITHIN THE PROPOSED ELECTRONIC
COMMUNICATIONS POLICY FOR A PERIOD OF FOUR MONTHS AND
BRING IT BACK TO COUNCIL FOR FURTHER DISCUSSION AND
EVALUATION. MOTION PASSED 5-0-0.
14. DESIGNATION OF VOTING DELEGATE FOR LEAGUE OF CALIFORNIA
CITIES ANNUAL CONFERENCE 2009
STAFF RECOMMENDATION:
Designate a voting delegate and alternate for the League’s Annual Conference.
City Clerk Ann Sullivan presented the staff report.
Mayor Page invited public comment.
No one requested to speak on this item.
Mayor Page closed the public comment.
MILLER/HUNTER MOVED TO DESIGNATE MAYOR CHUCK PAGE AS
THE VOTING DELEGATE AT THE LEAGUE OF CALIFORNIA CITIES
ANNUAL CONFERENCE SEPTEMBER 16-18, 2009 AND DESIGNATE
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COUNCILMEMBERS HOWARD MILLER AND JILL HUNTER AS
ALTERNATES. MOTION PASSED 5-0-0.
ADHOC & AGENCY ASSIGNMENT REPORTS
Mayor Chuck Page – reported:
West Valley Mayors and Managers Association – did meet and discussed “green” issues;
adding that “Climate Change Compact” is an agenda item on the July 15, 2009 Council
agenda and would provide additional information for Council and staff.
In addition, he noted Dr. Pifer attended the meeting and they talked about the re-opening
of El Camino Hospital on July 12. There will be a ribbon-cutting ceremony at 3:00 p.m.
on July 10th. He added that he is trying to arrange for them to give a presentation at a
future Council meeting.
Council Finance Committee – he attended the meeting this week.
Mayor Page noted that he attended a LCC Environmental Quality Policy Committee
meeting in Sacramento last Friday and had the opportunity to meet with Jim Bealls’ Chief
of Staff, Cris Forsythe and State Senator Abel Maldonado. He noted they spoke about
the State budget and the general consensus is that the State will be taking funds from
cities to help balance the State budget. He noted he received a letter from our Lobbyist,
Joe Gonsalves, in response to our letter indicating that the City would be discontinuing
their services due to budget constraints, and that the Gonsalves Firm stated they will
serve the City in a pro-bono capacity for the remainder of the 2009 calendar year.
Vice Mayor Kathleen King – had nothing to report.
Councilmember Jill Hunter – reported:
Historical Foundation – meets next week and their latest newsletter has an excellent
article highlighting Saratogan Joan Fontaine.
Village AdHoc – met and discussed the Village Facade Program, noting that there are
some questions regarding the type of façade improvements and what is or is not
acceptable under this program and that the Guidance Policy needs to be updated.
[Mayor Page suggested Councilmembers Nagpal and Hunter work on clarifying the
Guidance Policy for the Village Façade Program and, if necessary, bring it to council as
an agenda item for additional clarification].
Councilmember Howard Miller – reported:
Council Finance Standing Committee – the city is trying to create a report that would
provide the cash-flow data in order to track budget projections; the Business License
audit is progressing nicely and the goal of the audit was to determine all the businesses in
the City so they are included in the annual business license notification; they have
designed a form that people can complete noting financial hardship, whether or not the
business is active or not, request for fee waiver, etc.
Councilmember Susie Nagpal – reported:
SASCC – Dick Angus is the new president and the new directors-at-large are John
Morrissey, Tad Curtis, Bob Cancellieri, and Dr. Gregory Belcher.
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Sister City Liaison – she received an email noting a revision to the by-laws whereby the
travel committee is required to inform the general membership six months in advance of
a departure date; the recommendation that the committee consider using Rosenberg’s
Rules of Order instead of Robert’s Rules; the committee is starting to meet monthly to
discuss the 25th Anniversary of Sister City; the membership will know the trip status by
the end of July, and the next meeting is scheduled for July 6th.
CITY COUNCIL ITEMS
Vice Mayor King asked to agendize:
City-owned pockets of land to discuss location and size.
Study Sessions – define how to conduct a Council and/or Planning Commission Study
Session, the process, the objectives, cost, and what we would like to see come out of a
Study Session. She noted this could be a Council Retreat item or a Council meeting
agenda item. Councilmember Miller seconded this agenda request.
[Mayor Page asked that staff include scheduled Planning Commission Study Sessions on
the Council calendar.]
Councilmember Hunter stated there are a number of areas in the City that could use more
trees and suggested forming a group that goes out and determines where to plant new
trees – especially those trees that are being removed; and requested agendizing this for
discussion to determine a formal tree replacement process. Vice Mayor King seconded
this agenda request.
CITY MANAGER’S REPORT
None
ADJOURNMENT
There being no additional business, Mayor Page asked for a motion to adjourn.
MILLER/HUNTER MOVED TO ADJOURN THE REGULAR MEETING AT
9:50PM. MOTION PASSED 5-0-0.
Respectfully submitted,
Ann Sullivan, CMC
City Clerk
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SARATOGA CITY COUNCIL
MEETING DATE: July 15, 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 – September 21, 2005
RECOMMENDED ACTION:
Approve minutes.
REPORT SUMMARY:
Approve minutes as submitted for September 21, 2005 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 September 21, 2005 City Council meeting.
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MINUTES
SARATOGA CITY COUNCIL
SEPTEMBER 21, 2005
The City Council met in Closed Session in the Administrative Conference Room, 13777
Fruitvale Avenue, at 6:15 p.m.
Conference With Labor Negotiators (Gov't Code 54957.6):
Agency designated representatives: Lorie Tinfow, Assistant City Manager
Employee organization: Millman & Industrial Carpenters Local 262
Conference With Legal Counsel – Existing Litigation: Jones v. Saratoga et al. Santa
Clara County Sup. Court No. 1-03-CV-010545.
Mayor King called the Regular City Council meeting to order at 7:00 p.m. and asked to
lead the Pledge of Allegiance.
ROLL CALL
PRESENT: Councilmembers Aileen Kao, Nick Streit, Ann Waltonsmith,
Vice Mayor Norman Kline, Mayor Kathleen King
ABSENT: None
ALSO
PRESENT:
Dave Anderson, City Manager
Lorie Tinfow, Assistant City Manager
Richard Taylor, City Attorney
Cathleen Boyer, City Clerk
Michele Braucht, Administrative Services Director
John Livingstone, Community Development Director
John Cherbone, Public Works Director
REPORT OF CITY CLERK ON POSTING OF AGENDA FOR SEPTEMBER 21,
2005
Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2,
the agenda for the meeting of September 21, 2005 was properly posted on September 16,
2005.
ORAL COMMUNICATIONS
The following people requested to speak at tonight’s meeting:
Citizen Ray reported recent clean up activity on Highway 9.
Ed Grubowie addressed the Council regarding the proposed sale of the North Campus
property for housing and the pending North Campus Community Survey. He
recommended Council use this survey to determine the community’s views regarding
future uses of the North Campus – specifically asking that the survey include a question
regarding the public’s views on maintaining the property for community use, versus the
Council’s desire to develop the property into residential housing units in order to help
balance the City’s budget; in addition, he asked the Council to defer its current time line
regarding redevelopment of the property until after the results of the survey.
19
2
Captain John Hirokawa introduced the City’s new Neighborhood Resource Officer, Jim
Cardenas.
The City Council welcomed Deputy Cardenas to the City of Saratoga.
COUNCIL DIRECTION TO STAFF
Councilmember Waltonsmith asked to agendize for discussion the potential sale of the
North Campus and the financial impact to the budget, including discussion regarding a
moratorium on the proposed housing development plans for the North Campus.
Councilmember Kao seconded Councilmember Waltonsmith’s request to agendize the
North Campus for discussion.
COMMUNICATIONS FROM BOARDS AND COMMISSIONS
None
ANNOUNCEMENTS
None
CEREMONIAL ITEMS
1A. PROCLAMATION SUPPORTING SARATOGA READS 2005
STAFF RECOMMENDATION:
Present proclamation.
Mayor King read the proclamation and presented it to Sue Barrera, Friends of the
Saratoga Libraries.
1B. COMMENDATION HONORING KRIPSY KREME
STAFF RECOMMENDATION:
Present commendation.
Mayor King read the commendation and presented it to a Krispy Kreme
representative.
SPECIAL PRESENTATIONS
2. KSAR
STAFF RECOMMENDATION:
Informational only.
Kristine Wasmund presented an overview of their budget, operations, and
fundraising opportunities.
Mayor King thanked Ms. Wasmund for her presentation.
20
3
CONSENT CALENDAR
3A. CITY COUNCIL MINUTES – AUGUST 10, 2005
STAFF RECOMMENDATION:
Approve minutes.
STREIT/WALTONSMITH MOVED TO APPROVE MINUTES FROM
AUGUST 10, 2005. MOTION PASSED 5-0-0.
3B. REVIEW OF CHECK REGISTER
STAFF RECOMMENDATION:
Approve check register.
STREIT/WALTONSMITH MOVED TO ACCEPT CHECK REGISTER.
MOTION PASSED 5-0-0.
3C. TREASURER’S REPORT FOR THE MONTH ENDED AUGUST 2005
STAFF RECOMMENDATION:
Accept report.
STREIT/WALTONSMITH MOVED TO ACCEPT TREASURER’S
REPORT FOR THE MONTH ENDED AUGUST 2005. MOTION
PASSED 5-0-0.
3D. SELECTION OF CONSULTING FIRM TO PREPARE AND IMPLEMENT
A COMMUNITY SURVEY
STAFF RECOMMENDATION:
1. Adopt resolution to amend FY05-06 Budget to allocate $25,000 from
Council Contingency for survey project costs.
2. Accept Revenue Enhancement AdHoc Committee’s recommendation to
hire Fairbank, Maslin, Maullin, and Associates (FMMA) to prepare and
implement a community survey.
3. Authorize City Manager to execute contract not to exceed $24,000 with
FMMA.
4. Authorize use of $1,000 for advertising as described in report.
RESOLUTION: 05-060
STREIT/WALTONSMITH MOVED TO ADOPT RESOLUTION TO AMEND
FY05-06 BUDGET TO ALLOCATE $25,000 FROM COUNCIL
CONTINGENCY FOR SURVEY PROJECT COSTS; ACCEPT REVENUE
ENHANCEMENT ADHOC COMMITTEE’S RECOMMENDATION TO
HIRE FAIRBANK, MASLIN, MAULLIN, AND ASSOCIATES (FMMA) TO
PREPARE AND IMPLEMENT A COMMUNITY SURVEY; AUTHORIZE
CITY MANAGER TO EXECUTE CONTRACT NOT TO EXCEED $24,000
WITH FMMA; AUTHORIZE USE OF $1,000 FOR ADVERTISING AS
21
4
DESCRIBED IN REPORT. MOTION PASSED 5-0-0.
3E. FINAL MAP APPROVAL FOR TWO LOTS LOCATED AT 14529 EVANS
LANE; OWNER: ROMUALDAS AND DEBORAH BRIZGYS
STAFF RECOMMENDATION:
Approve Final Map for two lots located at 14529 Evans Avenue.
RESOLUTION: SD-01-002
STREIT/WALTONSMITH MOVED TO APPROVE FINAL MAP
APPROVAL FOR TWO LOTS LOCATED AT 14529 EVANS LANE;
OWNER: ROMUALDAS AND DEBORAH BRIZGYS. MOTION PASSED
5-0-0.
3F. CONTRACT RENEWAL FOR CITY GEOTECHNICAL CONSULTANT
STAFF RECOMMENDATION:
Approve two-year contract renewal.
STREIT/WALTONSMITH MOVED TO APPROVE TWO-YEAR
CONTRACT RENEWAL FOR CITY GEOTECHNICAL CONSULTANT.
MOTION PASSED 5-0-0.
PUBLIC HEARINGS
None
OLD BUSINESS
Due to the large number of people requesting to speak this evening, the City Council
came to a consensus to limit speaker time to two minutes instead of three minutes.
4. RECREATIONAL FIELD USE REPORT
STAFF RECOMMENDATION:
Accept report and direct staff accordingly.
John Cherbone, Pubic Works Director, presented staff report.
Director Cherbone noted that land use for playfields in Saratoga has been analyzed
by City staff for several years with the same findings; there’s an acute shortage of
flat, available land for recreational use as playfields in Saratoga. Director
Cherbone stated that within the past year staff was directed to reinvestigate the
availability of land for recreational use as playfields.
Director Cherbone briefly described the City’s 13 parks noting their size and
whether or not they were conducive for sport use.
22
5
Director Cherbone noted that out of 71.4 acres of park land in the City only three
parks totaling 26.4 acres (or 37%) can currently accommodate organized sport
groups. Of these three parks, Kevin Moran Park is the largest at 10.3 acres,
Congress Springs Park is second at 9.8 acres, and El Quito Park is third at 6.3
acres.
Director Cherbone noted that with the exception of the Heritage Orchard, Kevin
Moran Park is the only City owned property that has undeveloped area –
approximately 4 acres – that could be developed for recreational use.
In regards to school sites and other resources, Director Cherbone explained that
public schools and other private land sources continue to be the largest resource of
open space for recreational use in the City. Local schools were contacted by City
staff and were informed that their facilities were being utilized to their full
capacity, with no additional capacity at the present time. The only exception is
West Valley College and they recently indicated that they would be interested in
exploring with the City the creation of a sports field located in an underutilized
parking area near their archery field.
Director Cherbone noted that Redwood Middle School may be interested in the
development of an all-weather turf field. School Districts such as Saratoga,
Campbell, and Cupertino have indicated they may be interested in joint use
agreements in which the City takes over the maintenance and scheduling of their
fields. This unfortunately does not increase capacity but does allow for greater
efficiency of availability resources.
Director Cherbone explained the existing resources for organized sports and
recreational uses and un-met needs for organized sports and recreational activities
in the City of Saratoga.
In conclusion, Director Cherbone stated that even if West Valley College and
Kevin Moran Park were developed to accommodate additional capacity it would
still not meet the current demand, let alone the anticipated growth in these sports.
Director Cherbone noted that it may take bold out-of-the-box thinking such as
regional joint powers agreements to pool all available resources in Santa Clara
Valley.
Mayor King invited public comments.
The following people requested to speak on this item:
Michael Arnold
Howard Miller
Bob Rail
Elaine Clabeaux
Sam Holton
Sandy Cross
Naresh Makhijani
Ken McKenzie
Laura Watkins
Bill Cleary
23
6
Richard Pierce
Bob Alley
Carrie Van Noodler
Ted Clabeaux
Ken yang
Emma Wycoff
Debbie Pranys
Kevin McLarney
Mary Robertson
Citizen Ray
Dave Mighdoll
Suzanne O’Neil
Ken Schulz
Terry Johnson
Mayor King closed the public comment.
Council proceeded to discuss the increased interest in organized sports and
concurred there is a definite need for additional flat land for recreational and
organized sports activities in Saratoga. They noted that it is important to take
sufficient time to research all options and not act hastily to solve this issue, and
continue to gather public input so that the needs of everyone in the community are
met.
Council’s long-term direction to staff was to start looking into the possibility of a
JPA with other nearby communities for organized sports activities. The short-term
direction was to look at all existing city parks to see if additional activities could be
added and if the parks are being used efficiently. Council also asked staff to look
into whether or not the Serbian Church had any flat land area that could be utilized
and to work with the West Valley College regarding the use of their athletic fields.
Mayor King declared a 10 minute break at 9:20 p.m.
Mayor King reconvened the meeting at 9:30 p.m.
5. KEVIN MORAN PARK – DISCUSSION TASK FORCE MEMBERSHIP
AND PARK IMPROVEMENT PROJECT
STAFF RECOMMENDATION:
1. Provide direction regarding the Kevin Moran Park Improvement Project
2. Provide direction on the membership for the Kevin Moran Park Task Force.
John Cherbone, Pubic Works Director, presented staff report.
Director Cherbone noted that in 2001 Kevin Moran Park was added to the newly
created 5-Year CIP as an un-funded project and in 2003 the State of California
notified the City that they could use $302,454 in Park Bond Act money. He added
that those funds, along with $97,000 General Fund dollars that were appropriated
by the City Council during the 2003/04 CIP update, provided a total budget of
$400,000 for the Kevin Moran Park (KMP) project.
24
7
Director Cherbone added that on July 21, 2004, the City awarded a contract to MPA
Design for a professional project design at KMP. He stated a Task Force was
created to hold community public meetings for park use input. The Task Force
included 2 Parks and Recreation Commissioners, 2 neighborhood representatives, 1
resident-at-large and 2 Council Members. He stated that at the very first
community meeting it was clear from the public input that inclusion of flat grass for
soccer and a restroom were not wanted at KMP. On August 4, 2004, Council
directed staff to suspend the project so that additional research and options for flat
grass at other locations in the City could be explored. On August 6, 2004, a letter
indicating Council’s direction was mailed to the KMP neighborhood residents
requesting a full history of Kevin Moran Park, the reconstitution of the KMP Task
Force and to include more neighborhood representatives, park use designation, i.e.,
community park versus neighborhood park, and other flat grass uses in the City.
Subsequently, members of the community have asked that the accomplishments of
the KMP Task Force be discussed further at a Council meeting, which is being done
this evening.
Director Cherbone added that as a result of the letter that was mailed to the KMP
neighborhood, it was learned that when KMP was first developed in the 1970’s, the
Parks and Recreation Commission proposed that the park be developed as a
neighborhood park; and in 1985 the Parks and Recreation Commission
recommended more active uses of the park – not consistent with passive
neighborhood park activities. The 1991 Parks & Trails Master Plan states that a
neighborhood park is a size between 1 and 5 acres and a community park is a size
between 5 and 20 acres. KMP is between 9.5 and 10.3 acres and these parks can be
used for active sports with restrooms and off-street parking; whereas neighborhood
parks do not have these features.
Director Cherbone noted that in light of the neighborhood concerns regarding the
designation of KMP it is recommended that its designation be reviewed during the
update of the Open Space Element of the General Plan scheduled in 2006. The
update of the Open Space Element would give the public an opportunity to provide
input during the public hearing not only on Kevin Moran Park, but on all the city’s
park trails and open spaces.
Director Cherbone also noted that as a result of the August 6th letter, the KMP Task
Force was reconstituted with the following new membership: 2 user group
representatives, 3 neighborhood representatives, 2 residents-at-large, and 2 council
members.
Vice Mayor Kline noted that in 1991 the General Plan was adopted designating
Kevin Moran Park as a community park and asked City Attorney Richard Taylor if
Kevin Moran Park is currently designated as a community park.
City Attorney Richard Taylor stated that according to the 1991 Parks & Trails
Master Plan, Kevin Moran Park is a community park.
Vice Mayor Kline noted that at the last council meeting staff was directed to
suspend the professional proposed park design and to, among other items,
reconstitute a new KMP Task Force to conduct community meetings asking for
public input regarding the use of Kevin Moran Park. He asked Director Cherbone
25
8
if there were any proposed designs for the park.
Director Cherbone stated there were no proposed design plans.
Vice Mayor Kline noted that the new Task Force had not yet met with the
community to establish consensus regarding the recommended use of Kevin Moran
Park, nor had they met with Council regarding the consensus of the community and
asked why this was an agenda item for Council discussion.
Mayor King stated there was citizen concern that Council hadn’t adequately
discussed the terminology of the Task Force, therefore, this item was agendized to
specifically provide direction on the membership for the Kevin Moran Park Task
Force.
Mayor King invited public comment.
The following people requested to speak on this item.
Elaine Clabeaux
Katie Kennedy
Laura Watkins
Kathleen Casey Coakley
Mark Linsky
Dave Mighdoll
Terri Doyhan
Margurite Shower
Carlena Ott
Ken McKenzie
Frances Kilbrew
Bill Cleary
Earnest Gordon
James Williamson
Sandy Cross
Naresh Makhijani
Bill Wheller
Clara Gold
Doug Blatz
Joan Bar
Ted Clabeaux
Marty Goldberg
Peter Bolton
Shen Yuan
Donna Poppenhagen
Mary Ann Escobar
Teresa Lorentzen
Dennis Farmer
Michael Lorentzen
Brian Robertson
Bob Alley
Ken Schultz
Howard Miller
26
9
Jim Steinbrunner
Peter Brennes
Mary Robertson
Sam Hung
Bob Rail
Mayor King closed the public comment.
Mayor King inquired who was on the original KMP Task Force.
Mary Robertson noted the following people were on the Task Force:
Vita Bruno, Greg Gates, Elaine Claybeaux, Councilmember Nick Streit and Mayor
Kathleen King; and on August 4, 2005, Councilmember Streit gave direction to add
two additional neighborhood representatives to be added to the Task Force.
[At this point, due to the lateness of the hour, Vice Mayor Kline made a motion to
postpone Items 6, 7, and 8 to the next Regular Council meeting. Councilmember
Streit seconded this motion. Motion passed 5-0-0.]
Council proceeded to discuss this item.
Councilmember Streit noted that the original committee was called the Kevin
Moran Park AdHoc, which included 2 user group representatives, 2 council
members, 2 at-large representatives, and 3 neighborhood representatives. He added
this should be called the Kevin Moran Task Force representative of the same
membership; however the Task Force should be represented by all user groups and
should look at all open space options, including the Heritage Orchard and the North
Campus, for possible flexible space with flat grass for organized sports.
Vice Mayor Kline noted that the purpose of a Task Force is for the membership to
meet and build consensus with the community and then present that consensus to
the Council as a recommendation from the Task Force. He added that he agreed
with Councilmember Streit that members of all the user groups be represented on
the Task Force.
Councilmember Waltonsmith stated she agreed with the makeup of the Task Force,
including representatives from all user groups; however, she didn’t feel the Parks
and Recreation Commission should be included since most of the commissions are
currently suspended at this time. In addition, she did not feel the Task Force should
be looking at the Heritage Orchard as a possibility for organized sports or flexible
space with flat grass, as the Heritage Orchard was voted on as a Heritage Orchard in
perpetuity. She stated the Task Force should strictly focus on renovating Kevin
Moran Park for the issues presented and be given a time line. The direction to the
Task Force should be clear regarding renovation at Kevin Moran Park and whether
or not it should include parking, flat grass for organized sports, and rest room
facilities.
Councilmember Kao noted the Task Force membership recommended by
Councilmember Streit totaled nine representatives; however, she recommended
changing that membership to 2 council members, 3 neighbors, 3 at-large
representatives, and 1 Parks and Recreation Commissioner – for a total of nine
27
10
representatives.
Vice Mayor Kline stated the user groups should be represented on the Task Force;
in addition, he agreed with Councilmember Waltonsmith that the Heritage Orchard
should not be included in this discussion, but did not agree with her
recommendation to include specific items such as rest room facilities and/or flat
grass for the Task Force to decide, and suggested a 3 month time line before
bringing this item back to Council.
Mayor King noted that Kevin Moran Park is a park with 10 acres of land and that
eventually this park will be designed to accommodate organized sports in order to
address the demand for fields for organized sports. In addition, she supported the
proposed membership makeup, narrowing the focus for possible sites to Kevin
Moran Park, flat fields, off street parking, and rest room facilities.
DIRECTION REGARDING THE KEVIN MORAN PARK TASK FORCE
MEMBERSHIP:
Councilmember Streit moved to provide direction that membership of the Kevin
Moran Park Task Force consist of two (2) council members, two (2) user sports
groups, two (2) at-large community members, and three (3) neighborhood
representatives, for a total of nine (9) representatives; and that the Task Force bring
back their first report in January 2006. Vice Mayor Kline seconded the motion.
Vice Mayor Kline inquired who would choose the members of the Task Force.
Councilmember Streit stated the Mayor could make that decision.
Mayor King noted she was supportive of the current membership.
City Attorney Richard Taylor noted Council is reconstituting the Task Force and
the members need to be selected again, or the motion should include the names of
the Task Force, or that the Mayor appoints the members.
Mayor King stated she would like the original members of the new Kevin Moran
Task Force to continue serving on the KMP Task Force.
Councilmember Streit amended his motion noting the members of the Kevin Moran
Task Force include: Councilmembers: Aileen, Kao, Norm Kline;
Neighborhood representatives: Peter Bolton, Elaine Clabeaux, Marty Goldberg;
Representatives at large: Doug Robertson, Paul Jacobs; and Sports user groups:
Howard Miller and MaryAnn Escobar.
Vice Mayor Kline seconded this amendment to the motion. Motion passed 5-0-0.
It was Council consensus to allow the new Kevin Moran Park Task Force to
proceed with building consensus on the recommendations for Kevin Moran Park
without placing pre-determined requirements or restrictions on the project; and that
the Task Force provides a status report to the City Council at the first meeting in
January 2006.
28
11
NEW BUSINESS
6. VILLAGE TREE PRUNING AND REPLACEMENT OF DECORATIVE
TREE LIGHTS
STAFF RECOMMENDATION:
1. Direct staff to proceed with tree pruning and replacement of decorative
lights, and to complete work before Thanksgiving.
2. Determine source of funds to cover costs associated with tree pruning,
installation and maintenance of tree lights.
3. Authorize City Manager to contract for pruning of street trees in the Village
and replacement of lights including maintenance for one year not to exceed
$25,000.
Consensus of the City Council to postpone this item to the October 5, 2005 City
Council meeting.
7. VILLAGE TREE LIGHTING CEREMONY
STAFF RECOMMENDATION:
Accept report and direct staff accordingly.
Consensus of the City Council to postpone this item to the October 5, 2005 City
Council meeting.
8. VILLAGE TASK FORCE FORMATION
STAFF RECOMMENDATION:
Authorize the creation of the Village Task Force and its proposed composition.
Consensus of the City Council to postpone this item to the October 5, 2005 City
Council meeting.
9. CITY CONTRIBUTION TOWARD HURRICANE KATRINA RELIEF AND
RECOVERY ACTIONS
STAFF RECOMMENDATION:
Accept report and adopt resolution.
City Clerk Cathleen Boyer presented staff report.
RESOLUTION: 05-059
WALTONSMITH/KAO MOVED TO ADOPT RESOLUTION APPROVING
CONTRIBUTION OF $15,000 TOWARDS HURRICANE KATRINA
RELIEF FUND. MOTION PASSED 5-0-0.
ADHOC & AGENCY ASSIGNMENT REPORTS
No reportable information.
29
12
CITY COUNCIL ITEMS
None
OTHER
None
CITY MANAGER’S REPORT
None
ADJOURNMENT
There being no further business Mayor King adjourned the Regular Meeting at 12:40a.m.
Respectfully submitted,
Ann Sullivan, CMC
City Clerk
30
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.
06/25/09 112532 112615 83 191,800.49 06/25/09 06/18/09 112531
07/02/09 112616 112677 61 1,041,118.14 07/02/09 06/25/09 112615
07/02/09 112678 112699 21 23,417.18 07/02/09 07/02/09 112677
AP Date Check No. Issued to Dept.Amount
06/25/09 112551 Various 26,566.53
06/25/09 112554
City
Clerk/Finance 30,105.29
07/02/09 112618
Non-
Departmental 22,435.31
07/02/09 112625 Public Works 367,331.40
07/02/09 112630 Public Works 565,973.81
The following are Accounts Payable checks that were voided or manually issued:
AP Date Check No.Amount
07/02/09 112613 (157.12)
07/02/09 112614 (33.65)
07/02/09 112615 -
Various Document management
SARATOGA CITY COUNCIL
MEETING DATE:July 15, 2009 AGENDA ITEM:
DEPARTMENT:Finance & Administrative Services CITY MANAGER:
PREPARED BY:DEPT. DIRECTOR:
June 25 2009
July 02, 2009 (P13 & P1)
Type of Checks Date
Starting
Check No.
Ending Check
No.Total Checks Amount
Accounts Payable P 1
Checks
Released
Prior Check Register
Accounts Payable
Accounts Payable P13
The following is a list of Accounts Payable checks issued for more than $20,000 and a brief description of the expenditure:
ECS Imaging, Inc General
Laser fiche software and
licensing
ABAG Plan Corp Liability Insurance Insurance Claims
Fund Purpose
Delta Microimaging
B&B Landscape Park and Trail Improvements KMP Improvements
CF Archibald Paving Street Improvements 2009 Pavement Mgmt
Jim Yoke Void - Reissue
Issued to Description
None Void - No Reissue
Zee Medical Void - Reissue
31
The following is a list of cash reduction by fund:
Fund #AP 06/25
AP 07/02
(P13)AP 07/02 (P1)Total
111 General 113,973.32 44,075.60 22,006.16 180,055.08
231 Village Lighting 107.98 2,706.68 2,814.66
232 Azule Lighting 225.44 225.44
233 Sarahills Lighting 250.29 250.29
241 Arroyo de Saratoga Landscape 85.00 85.00
242 Bonnet Way Landscape 127.00 127.00
243 Carnelian Glen 135.00 135.00
244 Cunningham/Glasgow Landscape 145.00 145.00
245 Fredericksburg Landscape 132.00 132.00
246 Greenbriar Landscape 399.00 399.00
247 Kerwin Ranch Landscape 340.00 340.00
248 Leutar Court Landscape 85.00 85.00
249 Manor Drive Landscape 160.00 160.00
251 McCartysville Landscape 6,032.23 17.74 6,049.97
252 Prides Crossing Landscape 450.00 26.64 476.64
253 Saratoga Legends Landscape 363.00 363.00
254 Sunland Park Landscape 517.50 517.50
255 Tricia Woods Landscape 37.00 9.17 46.17
271 Beauchamps Landscape 85.00 46.35 131.35
272 Bellgrove Landscape 2,070.00 376.60 2,446.60
273 Gateway Landscape 245.00 245.00
274 Horseshoe Landscape/Lighting 320.00 9.17 329.17
275 Quito Lighting 1,090.15 1,090.15
276 Tollgate LLD 90.00 90.00
411 CIP Street Projects 13,695.20 3,270.52 16,965.72
412 CIP Parks Projects 7,212.97 364,631.40 371,844.37
413 CIP Facility Projects 6,288.15 6,288.15
414 CIP Admin Projects 1,352.18 1,352.18
421 Tree Fine Fund 6,096.65 2,700.00 8,796.65
431 Grant Fund - CIP Streets 3,540.00 454,557.34 458,097.34
481 Gas Tax Fund 800.00 111,416.47 112,216.47
611 Liability/Risk Mgt 8,377.13 22,435.31 30,812.44
621 Office Stores Fund 438.48 974.40 1,412.88
622 Information Technology 367.14 48.54 436.62 852.30
623 Vehicle & Equipment Maint 1,038.52 1,038.52
624 Building Maintenance 4,437.34 27,986.25 32,423.59
632 12,696.18 4,800.00 17,496.18
191,800.49 1,041,118.14 23,417.18 1,256,335.81
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
TOTAL
Fund Description
IT Equipment Replacement
32
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44
Page 1 of 2
SARATOGA CITY COUNCIL
MEETING DATE: July 15, 2009 AGENDA ITEM:
DEPARTMENT: Public Works CITY MANAGER: Dave Anderson
PREPARED BY: John Cherbone DIRECTOR: John Cherbone
Public Works Director
SUBJECT: Landscape Maintenance Contract – Gachina Landscape Management
RECOMMENDED ACTION:
Approve a twoyear contract with Gachina Landscape Management for monthly landscape
maintenance services in the amount of $75,756 per year and authorize City Manager to execute
the same.
.
REPORT SUMMARY:
Currently, Gachina Landscape Management maintains a majority of the Cit y’s roadway medians
and Landscape and Lighting District Zones,and has done so in a professional and economic manner
for the last few years.
A proposal for each maintenance area was solicited and Gachina provided the lowest proposal for
the areas shown on the attached bid summary (Attachment 1). The remainder of the landscape areas
went to Loral Landscaping, Inc. (see separate staff report) and Cienega Landscaping. The total for
the areas Cienega provided low proposals for is below $25,000 and therefore does not require Cit y
Council approval.
It is therefore recommended that City Council approve a two year contract with Gachina Landscape
Management for monthly maintenance services as described in the Recommended Action and
authorize Cit y Manager to execute the same.
FISCAL IMPACTS:
Funding for the maintenance contract is included in the adopted budget for Fiscal Year 200910.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
The contract would not be approved and maintenance work throughout the City would not continue.
45
Page 2 of 2
ALTERNATIVE ACTION (S):
The Council could direct staff to solicit addit ional proposals.
FOLLOW UP ACTION(S):
The contracts will be executed.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENTS:
1. Bid Summary.
2. Maintenance Service Contract.
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Page 1 of 2
SARATOGA CITY COUNCIL
MEETING DATE: July 15, 2009 AGENDA ITEM:
DEPARTMENT: Public Works CITY MANAGER: Dave Anderson
PREPARED BY: John Cherbone DIRECTOR: John Cherbone
Public Works Director
SUBJECT: Landscape Maintenance Contract – Loral Landscaping, Inc.
RECOMMENDED ACTION(S):
Approve a twoyear contract with Loral Landscaping, Inc. for monthly landscape maintenance
services in the amount of $52,320 per year and authorize City Manager to execute the same.
REPORT SUMMARY:
Currently, Loral Landscaping, Inc. maintains the second highest number of the Cit y’s landscaped
areas after Gachina,and has done so in a professional and economic manner for the last few years.
A proposal for each maintenance area was solicited and Loral provided the lowest proposal for the
areas shown on the attached bid summary (Attachment 1). The remainder of the landscape areas
went to Gachina Landscape Management (see separate staff report) and Cienega Landscaping. The
total for the areas Cienega provided low proposals for is below $25,000 and therefore does not
require Cit y Council approval.
It is therefore recommended that City Council approve a two year contract with Loral Landscaping,
Inc.for monthly maintenance services as described in the Recommended Action and authorize City
Manager to execute the same.
FISCAL IMPACTS:
Funding for the maintenance contract is included in the adopted budget for Fiscal Year 200910.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
The contract would not be approved and maintenance work throughout the City would not continue.
ALTERNATIVE ACTION(S):
The Council could direct staff to solicit addit ional proposals.
74
Page 2 of 2
FOLLOW UP ACTION(S):
The contracts will be executed.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENTS:
1. Bid Summary.
2. Maintenance Service Contract.
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Page 1 of 2
SARATOGA CITY COUNCIL
MEETING DATE: July 15, 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 Homeowners 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:
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Page 2 of 2
No fiscal impact to the City.
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. Location Map
3. Letter from Drew Perkins, Parker Ranch Homeowners Association Director
4. Parker Ranch Covenants, Conditions and Restrictions
105
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 15th day of
July 2009 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_______________________________
Chuck Page, Mayor
ATTEST:
___________________________________
Ann Sullivan
City Clerk
106
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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
108
Taken from the Official Records of
Santa Clara County. March,1999.
COVENANTS, CONDITIONS
AND RESTRICTIONS
FOR
PARKER RANCH
109
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 -110
'. 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 -
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111
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 -
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112
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
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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;
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(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
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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;
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(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. 117
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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.
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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.
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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.
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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.
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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.
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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
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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.
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124
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
125
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
-
126
,~ ,
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 -
127
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
128
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.
~)
129
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
130
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
131
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
132
~-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 • . . ':.. .
133
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 .•• ««_ .................. ~ .. ,.?/~ " ..... , ........
134
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
135
· 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
136
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-
137
1 -. ,
•
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alll ~.' !) alii e
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138
(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-
139
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.$ ;(..$.t.i3,D..!: ... .Yi.q~ ........... P",iJrnl ~
........................ ......................... . ............. *~lGKJlKHmcXIK .......................... . ......... XXt~
0/ lilt cur/ora/ion 'ht!1 IX((UltJ "it tfJ:;thin and fortgoing instruml'nl, and OI'SO l-nown to m, to hi thl prrson (I) 'Who tXfCu/,d tl" 'fA. 'IMn
inslrumtnl on br1ialj 0/ tilt corporation Illtrd" namld and acknowlrdgtd to ntt thaI such corpora/ion txuultd 'h' samt .
~ ~'
~" VL LAVERDE
NCT~ ~y ?L'5l1C • '.:AlIF()RNIA
".!.,hP;" C:"ARA COUHTY
~v C..,'nmiuion Expire, tA,H. 8 1985
~~'T'~"""""" .... ---.. J
.. t/.<kL1dL.~.tLu ...
Notary Public
ACKNOWlEDGMENT-CORPORATION
VTC.f27
140
H191 P~GE 30 753725.1 \~ \ C\. \. ~~ "2.. S
leanWet ....... .,
Valley Title Companp
DEC. 81982 8:OMM
GEORGE A. MANN, Recorder
s.ea an c..e" Of .......
141
DECLARATION OF ANNEXATION 7904186:
day of _M:...:..:::(J~V_''eIJ1:.:..:...b:::....:-e...:../''' __ • 1983 THIS DECLARATION is made this ~O
by VALLEY TITLE COMPANY. a California c04poration. hereinafter referred
co as "Declarant", with reference to the following:
1113 :'!GE 496
A.~fe;cence is, herby made to that certain Declaration of Covenant
Conditions and Restrictions for Tract No. 6526, re<?orded on September 20,
1979 in Book E~8Q5 of Official. Records, Page 326 -349,. Santa ClaraCoun-
ty Records, State of California, (hereinafter referred to as "Declarant")
B. Declarant is the sole owner of lots 14 and IS, 20 thru 22 inc-
lusive. 37 thru 40 inclusive and ~ot 76 of Tract 6528, and Parcels
"E" and "F" as shown on that certa';'" Parc~':' Map recorded September.·lst,
19-$)~. 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
142
.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
;'-. .'
143
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~~~
144
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
145
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.
146
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
147
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.
148
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
149
-.
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\.
150
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
151
..
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
152
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. -:-::-::' _._------..... " -.--... ---------_ .. _-------, .. ... --.. -....... ----
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-
154
".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,
155
-
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.
156
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-
,
"
157
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;
158
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
159
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
160
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
-------------------------
161
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 ••• ~" ........ .
162
-
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 163
..
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/
164
.....
SCALE
/11 = 10'
-
POINT OF
BECIN/VING
PL.AT TO ACCOMPANY LEGAL PESC/?IPTIOA/ --
SIGN AND LANf)SCAf~i#G EAS"E>t1'ENT
165
OFF" ICE OF
P. M. 497·M-19
REVERSION TO ACREAGE ----.,r--" .... J30 ------
£SAlT.
/
' .... 0 ..
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PCL. A
3.02 AC. NET
OFFICE
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=-+-';;""''-4-------,;----;, ..• :., ----I ... ' --; .... ,.----~
I 5 I 6 ,
1.08 AC. I 1.16 AC. / 1.11 AC. \
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TRACT N! 6526
THE PARKER RANCH
800K II PAGE
366 43
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Ef)
,":= 100'
COUNTY ASS ESSOR -SANTA ClARA COUNTY, CAL I FORNI A
II 36°6 leJUl
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-@-
I I" =200'
"-... '" ~ !
•• '''' •• , ~/C &J!c )
~ ••. >. ,,'4.78 AG. II
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"----~-.-
TR. N2 6526
THE PARKER RANCH
The Information Provided Is Deemed Reliable, But Is Not Guaranteed.
-
II
166
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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,
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~OO'
-M -6
167
~--::-------;:;;;;-:-:~;;;======,.. OFFICE OF COUNTY ASSESSOR -$ANTA CLARA COUNTY, CALIFORNIA
PAGE II 50
/
/
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_L. --: ... -'-...
TRACT 6528
THE PARKER RANCH
UNIT N'2
opEN SPACE
Common Area
31.93 AC. NET
peL.O
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---;-, , ,
44 I", ,-,
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168
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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
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I ,I" = 100'
) P. M. 556 -M -26
PCL. R.
, ,
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2.13 AC.
TRACT N2 6526
THE PARKER RANCH
169
OFF ICE OF COUNTY ASSESSOR -SANTA CLARA COUNTY, CALIFORNI A
I
~-=-"
_IEfj-
I I" =200'
h
,
170
"
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
/
171
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~
172
TRACT £528
THE PARKER RANCH
UNIT N22
OPEN' SPACE
Common AnlP'
"31, 93 AC. NET'
peL. D
200'
-:-~~-"'CENTEk .-b._-=:c-..;......--
SEC. COR .. ~
~.,'
,_11'._,;",",',
173
174
175
176
177
178
179
180
SARATOGA CITY COUNCIL
MEETING DATE: July 15, 2009 AGENDA ITEM:
ORIGINATING DEPT: City Manager’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Ann Sullivan, City Clerk DEPT HEAD: Dave Anderson
SUBJECT: Confirmation of Report and Assessment of 2009 Weed/Brush Abatement
Program
RECOMMENDED ACTION:
Open public hearing, close public hearing, and adopt resolution confirming report and assessment
of hazardous vegetation abatement charges.
REPORT SUMMARY:
Under State and local laws, local governments routinely abate the seasonal hazardous vegetation
on undeveloped property. For the County and several cities, including Saratoga, this hazardous
vegetation abatement program is administered by the Office of the Agricultural Commissioner. In
many cases, property owners find it convenient to have the government take care of the weed
removal and to pay through a property tax lien.
The compliance deadline to destroy weeds/brush for Saratoga was April 15, 2009. The County of
Santa Clara conducted inspections after this date to ensure compliance. Eight properties were not
in compliance by the April 15, 2009 deadline; however, those property owners did abate their
property prior to the County performing the abatement and were subsequently charged the $298
inspection fee. Five properties continued to remain out of compliance, which resulted in the
County issuing a work order for the Santa Clara County contractor to perform the abatement.
The County charged those property owners for the abatement work only and not an inspection
fee.
The attached list, (Attachment A) notes the parcels the County abated as well as those properties
that were charged the inspection fee. Tax liens and assessments on the owners of these parcels
totaled $11,838.59. In order to recover this cost, it is necessary for the Council to adopt a
resolution (Attachment B) confirming the assessments and directing the County Auditor to enter
and collect the assessments on the property tax bill.
FISCAL IMPACTS:
Assessment of 2009
181
None to the City if resolution is adopted. The City may be liable for work performed by
contractor for any assessments not levied.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
See Fiscal Impacts.
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
Send a certified copy of the adopted resolution to Moe Kumre, Weed Abatement Program
Coordinator, Santa Clara County Department of Agriculture and Environmental Management,
1553 Berger Drive – Building 1, San Jose, CA 95112.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
A Notice of Pubic Hearing was published in the Saratoga News on June 30, 2009, as required by
law (Attachment C).
ATTACHMENTS:
Attachment A: 2009 Weed Abatement Program Assessment Report for City of Saratoga
Attachment B: Resolution Confirming Report and Assessment of Hazardous Vegetation
Abatement Charges
Attachment C: Notice of Public Hearing Ad
182
183
RESOLUTION NO. 09 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
CONFIRMING REPORT AND ASSESSMENT OF HAZARDOUS VEGETATION
ABATEMENT CHARGES
WHEREAS, at a regular meeting held on July 15, 2009, the Office of the
Agricultural Commissioner submitted a report to this City Council consisting of all
unpaid bills for weed abatement expenses and a proposed assessment list, and the parcels
against which said expenses, including applicable administrative and collection costs are
to be assessed, all pursuant to Article 15, Chapter 7 of the Saratoga City Code; and
WHEREAS, the City Council, having heard said report and all objections;
thereto, and the Council, finding that no modifications need to be made to any of said
assessments.
NOW, THEREFORE, IT IS ORDERED that the 2009 Weed Abatement Program,
Assessment Report, City of Saratoga, prepared by the Office of the Agricultural
Commissioner, which report is attached hereto as Exhibit A and incorporated herein by
reference, be and hereby is confirmed. Each of said parcels as shown on the attached
Exhibit A is declared to have a lien against it in the amount set opposite said parcel
number in the second to last column thereof; and the Santa Clara County Auditor is
hereby directed to enter the amounts of said assessments against the respective parcels of
land on the County Tax Roll, and to collect the same at the time and in the manner as
general municipal property taxes are collected.
A certified copy of this resolution and assessments shall be filed with the Santa Clara
County Auditor.
The above and foregoing resolution was passed and adopted by the Saratoga City Council
at a regular meeting held on the 15th day of July 2009, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Chuck Page, Mayor
ATTEST:
Ann Sullivan, City Clerk
184
185
1
SARATOGA CITY COUNCIL
MEETING DATE: July 15, 2009 AGENDA ITEM:
DEPARTMENT: Public Works CITY MANAGER: Dave Anderson
PREPARED BY: Richard Taylor DIRECTOR: John Cherbone
________________________________________________________________________
SUBJECT: Proposed ordinance amending the City Code to revise the requirements for park
dedication and fees and technical amendments to the City’s code provisions to
conform with state law.
RECOMMENDED ACTIONS:
(1) Open the public hearing and consider all testimony received;
(2) Introduce and waive the first reading of the attached ordinance; and
(3) Direct staff to place the attached ordinance and resolution on the consent calendar
for adoption at the September 2, 2009 City Council meeting.
SUMMARY:
The June 2007 update to the Open Space and Conservation Element of the City’s General Plan
recognized that additional parks, trail and resource conservation areas must be developed,
protected, and preserved in order to retain the identity and natural resources of the City. The
update calls for the dedication of five acres of developed municipal parkland per 1,000 residents.
The current City Code only requires dedications based on a ratio of three acres of parkland for
every 1,000 residents. The attached ordinance (Attachment A) would amend the City Code to
change that ratio to five acres of real property per 1,000 residents. This ordinance also clarifies
provisions of the City Code to ensure it conforms with state law.
DISCUSSION:
Five acres of parkland per 1,000 residents is the standard promulgated by the National Recreation
and Park Association and is a common metric used by other communities in California to measure
adequacy of parkland. The 2007 update to the Open Space and Conservation Element of the
City’s General plan recognized that additional parkland must be protected and established a goal
of five acres of parkland per 1,000 residents. The City’s Parks and Trails Master Plan also call for
five acres per 1,000 residents. This amount of parkland would allow the City to maintain its
existing character as a small town residential community surrounded by rural and open spaces.
The City Code currently requires dedications at a ratio of three acres per 1,000 residents. The
City requires the dedication of this amount of land, or imposes a requirement for the payment of
186
2
fees, as a condition of subdivision approvals. The dedication ration authorized by state law
depends in part upon the existing ratio of park acreage to population within the City. Cities may
adopt ratios as high as five acres per 1,000 residents only if the existing ratio in the City is at least
as great. As part of the ongoing inventory of City property staff recently completed the attached
inventory of parks and recreation lands (Attachment B). The inventory of City parkland indicates
that Saratoga contains five acres of parkland per 1,000 residents. (The City has 158 acres of
parkland and, according to the 2000 census, a population of 28,843 for a ratio of 5.3 acres per
1,000 residents.) Accordingly the City is authorized by state law to require dedications at a ratio
of 5 acres of parkland per 1,000 residents.
ALTERNATIVES:
The City could adopt a figure other than five acres per 1,000 residents. However, State law
prohibits the City from requiring more than five acres per 1,000. If the City wanted to adopt a
lower figure it would need to amend the General Plan accordingly.
FISCAL IMPACTS: The ordinance will allow the City to acquire and develop park and
recreation lands to meet the needs of new residents to Saratoga.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
This matter was noticed at the time the agenda was posted.
ATTACHMENTS:
Attachment A – Proposed Ordinance
Attachment B – Park and Recreation Land Inventory
187
1
ORDINANCE NO. __________
AN ORDINANCE AMENDING THE SARATOGA MUNICIPAL CODE REGARDING PARK
AND RECREATION DEDICATIONS AND FEES
THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS:
SECTION 1. Findings
A. The City of Saratoga recognizes the importance of adequate opportunities for
access to recreation and open space for all residents.
B. The Open Space and Conservation Element of the City’s General Plan, updated in
June, 2007, calls for the City to attain a goal of five acres of developed municipal
parkland per 1,000 residents. This number is based on the National Recreation
and Park Associate standard and is a common metric used by other communities
in California to measure adequacy of parkland.
C. The City’s Parks and Trails Master Plan, in order to meet the needs of the
residents of Saratoga, sets a goal of providing five acres of local parkland for each
1,000 residents of the City.
D. The existing City Code requires that only three acres of real property for each
1,000 persons residing within the City be devoted to park and recreational
purposes.
E. It is the intent of the City Council to update the City Code to conform to the
General Plan and Parks and Trails Master Plan and to make various other
technical amendments to the City’s code provisions governing park and recreation
dedication and fees.
SECTION 2. Adoption.
A. Section 14-25.080 of the Saratoga City Code is hereby amended by adding the
text shown in bold double-underlined-italics (example) and deleting the text
shown in strikeout (example) in Attachment A.
SECTION 3. California Environmental Quality Act.
Pursuant to the California Environmental Quality Act (“CEQA”), this action is exempt under 14
California Code of Regulations (“CEQA Guidelines”) section 15061(b)(3) (the amendments are
exempt because it can be seen with certainty that there is no possibility that the activity in
question may have a significant effect on the environment).
SECTION 4. Severance Clause.
The City Council declares that each section, sub-section, paragraph, sub-paragraph, sentence,
clause and phrase of this ordinance is severable and independent of every other section, sub-
188
2
section, sentence, clause and phrase of this ordinance. If any section, sub-section, paragraph,
sub-paragraph, sentence, clause and phrase are held invalid, the City Council declares that it
would have adopted the remaining provisions of this ordinance irrespective of the portion held
invalid, and further declares its express intent that the remaining portions of this ordinance
should remain in effect after the invalid portion has been eliminated.
SECTION 5. Publication.
This ordinance or a comprehensive summary thereof shall be published in a newspaper of
general circulation of the City of Saratoga within fifteen days after its adoption.
The foregoing ordinance was introduced and read at the regular meeting of the City Council of
the City of Saratoga held on the 15th day of July, 2009, and was adopted by the following vote
following a second reading on the _____ day of ___________________________, 2009:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
__________________________________ __
CHUCK PAGE
MAYOR OF THE CITY OF SARATOGA
Saratoga, California
ATTEST:
__________________________________
ANN SULLIVAN
CLERK OF THE CITY OF SARATOGA
Saratoga, California
APPROVED AS TO FORM:
____________________________________________
RICHARD TAYLOR, CITY ATTORNEY
189
1
Attachment A
14-25.080 Park and recreation dedication and fees.
(a) Purpose, application and exemptions. As a condition of each final map approval, and to be
detailed in the conditions of tentative map, every subdivider or owner shall be required to, and
shall dedicate a portion of land or pay a fee in lieu thereof, or a combination of both at the option
of the City, for the purpose of providing park or recreational facilities reasonably related to
serving the development and in accord with the standards and provisions as hereafter set forth.
The provisions of this Section are enacted pursuant to Section 66477 of the Government Code
and are hereby found to be in accord with the recreational element Open Space and
Conservation Element of the General Plan. The requirements of this Section shall not apply to
any of the following:
(1) Subdivisions or sites or portions thereof for commercial or industrial uses.
(2) Subdivisions containing less than five parcels lots and not used for residential
purposes. However, in that event, it shall automatically be a condition of approval of a
parcel or tentative map tentative approval of any such subdivision that if a building
permit is requested for construction of a residential structure or structures on one or more
of such lots parcels within four years from the date of recording the final map, the fee in
lieu of dedication, as prescribed in this Section, shall be paid by the owner of each such
lot as a condition to the issuance of the building permit.
(3) Any condominium project or stock cooperatives that which consists of in the
subdivision of air space of an existing multi-unit structure apartment building which is
more than five years old, where when no new dwelling units are added thereto.
(4) Such other exceptions as may hereafter be added to the Map Act.
(b) Standards and formula for land dedication. It is hereby found and determined that the public
interest, convenience, health, welfare and safety require that three five acres of real property for
each one thousand persons residing within the City be devoted to park and recreational purposes.
Where a park or recreational facility has been designated in the Open Space and Conservation
Element recreational element of the General Plan or has been otherwise designated by the City
Council and is has been proposed to be located in whole or in part within the proposed
subdivision to serve the immediate or future needs of the residents of such subdivision, the
subdivider shall dedicate land within the area of such subdivision for a local park use. consistent
with said recreational element . The amount of land (expressed in acreage) required to be
dedicated shall be based upon the average number of persons per household, based upon the
most recent available federal census, divided by 333.33200 (the quotient of one thousand persons
per three five acres).
(c) Fees in lieu of land dedication. In the event there is no park or recreational facility
designated as described in subsection (b), above, in the recreational element of the General Plan
to be located in whole or in part within the proposed subdivision or site, or in the event that the
proposed subdivision contains fifty or less lots or parcels, then the subdivider or owner shall pay
190
2
a fee to the City in lieu of dedicating land, which shall be in an amount equal to the fair market
value of the amount of land which would otherwise be required to be dedicated pursuant to
Paragraph (b) of this Section. If a condominium project, stock cooperative, or community
apartment project (as defined in California. Civil Code § 1351) exceeds fifty dwelling units,
dedication of land may be required notwithstanding that the number of parcels may be less
than fifty. "Fair market value", as used herein, shall be product of (1) the estimated cost of
parkland in Saratoga as determined by the City Council and (2) the amount of land that would
be required to be dedicated pursuant to subsection (b), above.either the average estimated fair
market value for all residentially zoned real property located in the City, or the fair market value
of the land in the subdivision or site, based upon its then assessed value modified to equal market
value in accord with the current practices of the County assessor and as determined by the,
Community Development Director whichever shall be the greater.
(d) Use of land dedications and fees. The land, fees or combination thereof are to be used
only for the purpose of developing new or rehabilitating existing neighborhood or community
park or recreational facilities to serve the subdivision. All fees collected under this section
shall be committed within five years after the payment of the fees or the issuance of building
permits on one-half of the lots created by the subdivision, whichever occurs later. If the fees
are not committed, they, without any deductions, shall be distributed and paid to the then
record owners of the subdivision in the same proportion that the size of their lots bears to the
total area of all lots within the subdivision. All fees collected under this sSection shall be used
only for the purpose of providing park or recreational facilities reasonably related to serving the
subdivision or site by way of purchase of necessary land or, in the event sufficient land is
available, for improving of such land for park and recreational purposes, or both. Interest earned
on the accumulated fees may be used for the maintenance of any existing parks in the City, so
long as such use is permitted under the Map Act.
(e) Requirement of both dedication and fees. Both dedication of a portion of land, together with
the payment of fees may be required to be in accord with the following criteria:
(1) Where only a portion of the land to be subdivided or developed is proposed in the
recreation element Open Space and Conservation Element of the General Plan or
otherwise by the City Council as a site for a local park or recreational area, such portion
shall be dedicated for local park purposes and a fee computed pursuant to Paragraph (c)
of this Section shall be paid for any additional land that would have been required to be
dedicated pursuant to Paragraph subsection (b), above of this Section.
(2) Where a major part of the local park or recreational area has already been acquired
by the City and only a portion of land is needed from the subdivision or building site to
complete such park, such remaining portion shall be dedicated and a fee computed as
hereinabove set forth shall be paid in an amount equal to the value of the land which
would otherwise have been required to be dedicated for the balance thereof.
(f) Property not included in General Plan. Where the proposed subdivision lies within an area
to be annexed to the City urban service area not yet shown and delineated on the General Plan of
the City, by reason of it not having been a part of the City at the time of the adoption of the
General Plan, but intended to be included within the General Plan, the subdivider or owner shall
dedicate land, or pay a fee in lieu thereof, or both, in accord with the adopted park and
191
3
recreational policies and standards of the General Plan and the provisions of this sSection, and
whether land dedication, or fee in lieu thereof, or a combination of both shall be required as
determined by the approving authority.,
shall be determined upon consideration of the following:
(1) Recreational element of the General Plan.
(2) Topography, geology, access and location of land in the subdivision or site available for
dedication.
(3) Size and shape of the subdivision or site and land available for dedication.
(4) Feasibility of dedication, and compatibility with the recreational element of the General
Plan.
(g) Credit for private open space. Where a private open space for park and recreational purposes
is provided in a proposed common interest development (as defined by California. Civil Code §
1351) subdivision or site and such space is to be privately owned and maintained by future
residents of the development, a credit not to exceed fifty percent may be given against the
requirement of dedication for park and recreation purposes or payment of fees in lieu thereof,
provided the City Council finds that it is in the public interest to do so, and that the following
standards are met:
(1) That yards, court areas, setbacks and other open areas required to be maintained by
the zoning and building regulations shall not be included in the computation of such
private open space; and
(2) That the private ownership and maintenance of the open space is adequately
provided for by written agreement, conveyance or restrictions; and
(3) That the use of the private open space is restricted for park and recreational purposes
by recorded covenants which run with the land in favor of the future owners of property
within the subdivision or site and which cannot be defeated or eliminated without the
consent of the City Council; and
(4) That the proposed private open space is reasonably adaptable for use for park and
recreational purposes, taking into consideration such factors as size, shape, topography,
geology, access and location of the private open space land; and
(5) That facilities proposed for the open space are in substantial accordance with the
provisions of the recreational element of the General Plan and are approved by the City
Council.
(h) Amendment to Map Act. In the event the Map Act should in the future be amended to
expand or change the permitted uses of land dedicated or in lieu fees laid under this Section, such
purposes shall control and the limitations set forth in this Section to the extent they are
inconsistent with the amended Map Act, shall no longer have any force or effect.
P:\SARATOGA\RESOLUTI\Quimby Act Update\Revised Park Fee Ordinance (Draft 07-08-09).doc
192
City of Saratoga
Parks and Recreation Lands Inventory
July 9, 2009
City Parks
Area
(acres)
Beauchamps Park 2.37
Azule Park 4.13
Kevin Moran Park 10.29
Congress Springs Park 9.66
Brookglen Park 0.72
El Quito Park 6.64
Gardiner Park 1.91
Foothill Park 0.89
Wildwood Park 3.77
Historical Park 0.98
Hakone Gardens 16.06
Ravenwood Park 0.46
Heritage Orchard 17.00
St. Marcos Open Space 9.43
Blaney Plaza 0.10
Saratoga Heights Open Space (lower
parcel) 31.11
Saratoga Heights Open Space (upper
parcel) 8.73
Total Parks (acres) 124.25
Trails
(Developed and Undeveloped) 33.90
Parks & Trails Total 158.15
193
Page 1 of 2
SARATOGA CITY COUNCIL
MEETING DATE: July 15, 2009 AGENDA ITEM:
DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Curtis Boone DIRECTOR: Barbara Powell
Records Management Intern Assistant City Manager
Ann Sullivan
City Clerk
SUBJECT: Records Management Program: Resolutions Amending the City’s Records
Retention Schedule and Authorizing Destruction of Certain City Records
RECOMMENDED ACTIONS:
1. Adopt Resolution Amending City’s Records Retention Schedule.
2. Adopt Resolution Authorizing Destruction of Certain City Records.
BACKGROUND:
Following the City Council’s approval of the City’s new records retention schedule in June 2009,
staff has reviewed the City’s records to locate expired records and prepare them for destruction.
Staff has located 187 boxes of expired records that may be destroyed.
In order to comply with state law, processing expired records for destruction is a multi-step process:
1. Staff in each department identify records that have expired in accordance with the approved
records retention schedule.
2. Department directors review and approve the list of records to be destroyed in their
departments.
3. The City Clerk and City Attorney review and approve a combined list of all expired records.
4. The list of records is presented to the City Council along with a resolution authorizing their
destruction. Records may not be destroyed without the authorization of the City Council.
Included in the list of records to be destroyed are certain unneeded payroll records that require an
update to the records retention schedule before they may be destroyed. Staff is requesting that
Council approve the following minor revision to the retention schedule prior to authorizing
destruction of expired records listed in Exhibit A.
As listed in the Payroll division of the Administrative Services section of the records retention
schedule, Payroll Salary and Deduction Registers have a retention period of T+4 (termination plus
four years), requiring the City to maintain them for four years after a given employee’s
termination. Since these records include information on all current City employees, these records
194
Page 2 of 2
would need to be retained until four years after all employees listed no longer work for the City.
Following input from the City Attorney, staff is proposing a retention period of AU+5 (five years
after the annual financial audit) as more appropriate for these records. This change would allow
the City to destroy these records five years after the audit of the fiscal year in which they were
created; a separate, permanent records series, Payroll Registers, contains much of the same
information in a condensed form.
The change would be as listed below:
Payroll -
Salary and
Deduction
Registers
T+4
AU+
5
GC 34090; 22 CCR
1085-2; 29 CFR 516.2,
516.5, 516.6; 26 CFR
31.6001-1; LC 1174(d)
X X
Records including garnishments,
adjustments, deduction authorizations, and
PERS (Public Employee Retirement
System) deductions.
Space for storing these confidential records is limited, and updating the retention schedule before
approving the destruction of records will allow staff to destroy these unneeded payroll records.
Once both resolutions have been passed, staff will be able to begin destroying the expired records
as listed in Attachment B, which will help streamline records-related processes at the City of
Saratoga.
FISCAL IMPACTS:
Funding for destruction of records is included in the operating budget. Destroying records could
result in savings through reduced liability in the event of litigation against the City.
CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS:
The records retention schedule will not be updated, and the City will retain payroll records much
longer than is legally necessary. Records will not be destroyed.
ALTERNATIVE ACTION(S):
Remove specific records from destruction list and approve with changes.
FOLLOW UP ACTION(S):
Organize City records. Continue development of records management plan.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENTS:
Attachment 1 - Resolution Amending the City’s Records Retention Schedule
Attachment 2 - Resolution Authorizing the Destruction of Certain City Records
Attachment 3 - Exhibit A: List of Records to be Destroyed.
195
RESOLUTION NO. _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
AMENDING THE CITY’S RECORDS RETENTION SCHEDULE
WHEREAS, on the 3rd day of June, 2009, the City Council of the City of Saratoga
approved a records retention schedule governing the retention of City records; and
WHEREAS, the implementation of the records retention schedule has revealed that a
change to the records retention schedule is necessary in order to more accurately reflect the
contents of a record;
NOW, THEREFORE, the City Council of the City of Saratoga hereby resolves as follows:
That the amendment to the records retention schedule as set forth below is hereby adopted:
Department: Administrative Services
Division: Payroll
Original:
Payroll -
Salary and
Deduction
Registers
T+4
GC 34090; 22 CCR
1085-2; 29 CFR 516.2,
516.5, 516.6; 26 CFR
31.6001-1; LC 1174(d)
X X
Records including garnishments,
adjustments, deduction authorizations, and
PERS (Public Employee Retirement
System) deductions.
Amended to:
Payroll -
Salary and
Deduction
Registers
AU+5
GC 34090; 22 CCR
1085-2; 29 CFR 516.2,
516.5, 516.6; 26 CFR
31.6001-1; LC 1174(d)
X X
Records including garnishments,
adjustments, deduction authorizations, and
PERS (Public Employee Retirement
System) deductions.
The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga
City Council held on the 15th day of July, 2009 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
__________________________
Chuck Page, Mayor
ATTEST:
__________________________
Ann Sullivan, City Clerk
196
RESOLUTION NO. _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS
WHEREAS, Government Code Section 34090 et seq. authorizes City department heads
to destroy certain records, documents, instruments, books or paper after the same are no longer
required with the approval of the legislative body by resolution and the written consent of the
City Attorney.
NOW, THEREFORE, the City Council of the City of Saratoga hereby resolves as follows:
That it does hereby authorize the department heads to destroy those certain records, documents,
instruments, books or paper under their charge as described in Exhibit ‘A.’
The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga
City Council held on the 15th day of July, 2009 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
__________________________
Chuck Page, Mayor
ATTEST:
__________________________
Ann Sullivan, City Clerk
197
Exhibit A
Records to be Destroyed
Administrative Services Department
Box Description Division Record Series Official
retention
Retain
through
"69"
Accounts Payable "A Misc. - Frontier Travel and
Tours" FY 90/91 Accounts Payable Accounts Payable AU+4 1995
* False Alarm cards, unpaid ('83-'84) [small box]
Accounts
Receivable
Accounts
Receivable AU+4 1988
* Payroll Checks 17501-20817 FY 95/96-96/97 Accounts Payable Checks AU+5 2002
29B
A/P Check Copies FY 97/98, Permit Refunds A-Z,
Rental Deposit Refunds A-Z Accounts Payable Accounts Payable AU+4 2002
3A
A/P Check Copies FY 97/98 A-C (includes
"Contracts" and ABAG") Accounts Payable Accounts Payable AU+4 2002
Petty Cash Reimbursement FY (97/98) Accounts Payable Accounts Payable AU+4 2002
3B A/P Check Copies FY 97/98 M-R Accounts Payable Accounts Payable AU+4 2002
43D Savings Account Reconciliation FY 98/99 Reports
Account
Reconciliation AU+5 2004
44A
Check Reports FY 98/99 (A/P, July - March) -
Includes full A/P books Accounts Payable Accounts Payable AU+4 2003
46A A/P Check Copies FY 98/99 - C, C Misc, D-F Accounts Payable Accounts Payable AU+4 2003
46B A/P Check Copies FY 98/99 - G-L Accounts Payable Accounts Payable AU+4 2003
47A
A/P Check Copies FY 98/99 - Principle Life through
San Jose Water Company Accounts Payable Accounts Payable AU+4 2003
47D A/P Check Copies FY 98/99 - S-Z Accounts Payable Accounts Payable AU+4 2003
48A
A/P Check Copies FY 98/99: Class/Permit/Rental
Deposit Refunds A-Z Accounts Payable Accounts Payable AU+4 2003
49B
Reconciled Checks and Ck# 74887 to 80423 ('98-
'99) Accounts Payable Checks AU+5 2004
54D Bank Statements (July '99-March '00) Accounting Banking Records AU+5 2005
CAL-Card manual, Pooled Money Investment Board
reports, bank rate info (2000 or earlier)
General
Administration -
Administrative
Services
Reference Files,
External Sources SU+2 2002
59A False Alarm Cards 12/98-12/99
Accounts
Receivable
Accounts
Receivable AU+4 2004
64B
Comerica Bank - Checking Acct transaction receipts
FY 96/97 - 97/98 Accounting Banking Records AU+5 2003
Cancelled Checks FY 96/97 - 97/98 Accounts Payable Checks AU+5 2003
64D
Comerica Bank - Checking Acct, Cancelled Checks
FY 97/98 Accounting Banking Records AU+5 2003
65A
General Checking Acct Reconciliation (July 1999-
Dec 1999, Jan 2000-June 2000) Reports
Account
Reconciliation AU+5 2005
Checks FY 99/00 Accounts Payable Checks AU+5 2005
66B Accounts Payable FY 99/00 (July-February) Accounts Payable Accounts Payable AU+4 2004
73B Cash Edit Lists - Cash postings (Apr. '00-June '00)
Accounts
Receivable Cash receipts AU+4 2004
73D Cash Edit Lists - Cash postings (Feb. '00-April '00)
Accounts
Receivable Cash receipts AU+4 2004
74A Cash Edit Lists - Cash Postings (Jan-Feb 2000)
Accounts
Receivable Cash receipts AU+4 2004
74A
Cash Edit Lists (Jan, Feb, June '00), Accounts
Receivable ('99-'00), and Data Tickets ('99)
Accounts
Receivable
Cash receipts;
Accounts
Receivable AU+4 2004
74B
Accounts Payable FY 99/00, Edit and Update Lists
FY 99/00 Accounts Payable Accounts Payable AU+4 2004
Purchase Order Encumbrances, Encumbrance
Edit/Update Lists FY 99/00 Accounts Payable Purchase Orders AU+4 2004
Check Register/Cert. FY 99/00 Accounts Payable Check Registers CU+7 2007
198
76C Terminated employee files (2000) Payroll
Employee Payroll
files CU+6 2006
77B Cash Edit Lists (Jul. '00-Aug. '00) (Cash postings)
Accounts
Receivable Cash receipts AU+4 2004
79B Instructor Fees (FY 99/00) S-Wilten. Accounts Payable Accounts Payable AU+4 2004
Business license files (not applications) transferred
from 77C (FY 99/00)
Accounts
Receivable
Business License
Files T+4 2005
79C
Permit Refunds, Rental Deposit Refunds, and
Instructor Fees (A-Russell) (FY 99/00) Accounts Payable Accounts Payable AU+4 2004
80A Accounts Payable (Pacific-Shaw) (FY99/00) Accounts Payable Accounts Payable AU+4 2004
80B Accounts Payable (# - Cha), FY99/00 Accounts Payable Accounts Payable AU+4 2004
81A Accounts Payable (F-Larson) (FY 99/00) Accounts Payable Accounts Payable AU+4 2004
81B Accounts Payable (League-Pacific) (FY 99/00) Accounts Payable Accounts Payable AU+4 2004
81C Accounts Payable (San Jose-US) (FY 99/00) Accounts Payable Accounts Payable AU+4 2004
81D
Accounts Payable (A misc -Dept. Conservation) FY
86/87 Accounts Payable Accounts Payable AU+4 1991
81D
Accounts Payable (Unisource-Zee), "A-Z Nursery",
Class/Trip Refunds A-Z -- 99/00 Accounts Payable Accounts Payable AU+4 2004
82C Bank Statements (June '99, April '00-Dec. '00) Accounting Banking Records AU+5 2006
82D Bank Statements (00-01) Accounting Banking Records AU+5 2005
Payroll Reconciliation (2000) Reports
Bank
Reconciliation AU+5 2005
84A Journal Entries ('00-'01) Accounting Journal AU+7 2008
84B Cash Edit Lists (Nov. '00- Dec. '00)
Accounts
Receivable Cash receipts AU+4 2005
84C Cash Edit Lists (Jan. '01-Feb. '01)
Accounts
Receivable Cash receipts AU+4 2005
84D Cash Edit Lists/Cash Postings (March-April '01)
Accounts
Receivable Cash receipts AU+4 2005
85A Accounts Receivable (FY 00/01) [full year]
Accounts
Receivable
Accounts
Receivable AU+4 2005
85C Business License Renewals ('01)
Accounts
Receivable
Business License
Files T+4 2006
85D Cash Edit Lists (Sep-oct 2001)
Accounts
Receivable Cash receipts AU+4 2006
Bank statements (sep-oct 2001) Accounting Banking Records AU+5 2006
86A Cash Edit Lists (Nov. '01-Dec. '01)
Accounts
Receivable Cash receipts AU+4 2006
Bank Statements (Nov. '01-Dec. '01) Accounting Banking Records AU+5 2007
86B Bank Statements (Jun-Aug 2001) Accounting Banking Records AU+5 2008
Journal Entries (June 2001) Accounting Journal AU+7 2008
Payroll Account Reconciliation (FY 00/01) Reports
Bank
Reconciliation AU+5 2006
86C Cash Postings/Cash edit lists (May '01- Jun. '01)
Accounts
Receivable Cash receipts AU+4 2005
86D Cash Postings (Jul. '01-Aug. '01)
Accounts
Receivable Cash receipts AU+4 2006
87A Cash Receipts A-Z Files (FY 00/01)
Accounts
Receivable Cash receipts AU+4 2005
87B False Alarm Cards ('00-'01)
Accounts
Receivable
Accounts
Receivable Au+4 2005
Parking Citations paid and appeal info (mainly
referrals to Data Ticket) 2000-2001
Accounts
Receivable (CD-
Code Compliance:
Parking Citations)
Accounts
Receivable AU+4* 2006
89C
Payroll Employee Time Sheet Files PP#14-00 to
#26-01 (6/24/00 - 12/21/01) Payroll
Payroll -
Employee
Timesheets AU+6 2008
93B
Gen. Checking Account Reconciliation (FY 00/01),
Cleared Checks #82191-85690 Reports
Account
Reconciliation AU+5 2006
93C
General Checking Account cleared checks (01/02)
Nos. 85692-89272 Accounts Payable Checks AU+5 2007
199
94A
Payroll checking account, cleared checks Jan. 2000
- Jun 2002 Accounts Payable Checks AU+5 2007
94B Terminated employee files (2002) Payroll
Employee Payroll
files Cu+6 2008
96B Cash Postings (May-June 2002)
Accounts
Receivable Cash receipts AU+4 2006
96C Cash Postings (July '02)
Accounts
Receivable Cash receipts AU+4 2006
Bank Deposit Books FY 01/02, 02/03, Banking
receipts Jan-Dec 2002 Accounting Banking Records AU+5 2008
97A Accounts Receivable (FY 01/02)
Accounts
Receivable
Accounts
Receivable AU+4 2006
97B
Payroll Bank Recon. (July 2001-June 2002), Bank
Statements (Jan.-June 2002) Reports
Bank
Reconciliation AU+5 2007
97C
Business License Renewals and B/L's printed (Oct.
2001- Dec. 2002), Indiv. B/L's printed (2001)
Accounts
Receivable
Business License
Files T+4 2007
97D Bank Statements (July 2002-June 2003) Accounting Banking Records AU+5 2008
98A Printed Business licenses (2002)
Accounts
Receivable
Business License
Files T+4 2007
Paid Parking Citations ('02)
Accounts
Receivable (CD-
Code Compliance:
Parking Citations)
Accounts
Receivable AU+4* 2006
98B Cash Receipts A-Z Files (FY 01/02)
Accounts
Receivable Cash receipts AU+4 2006
98C Cash Postings (Jan. '02-Feb. '02)
Accounts
Receivable Cash receipts AU+4 2006
98D Cash Postings (Mar. '02-Apr. '02)
Accounts
Receivable Cash receipts AU+4 2006
100B Gen. Checking Account Reconciliation (FY 02/03) Reports
Account
Reconciliation AU+5 2008
100C Cash Postings (aug. '02 - Sept. '02)
Accounts
Receivable Cash receipts AU+4 2007
100D Cash Postings (Oct. '02 - Nov. '02)
Accounts
Receivable Cash receipts AU+4 2008
101A Cash Postings (Dec. '02 - Jan. '03)
Accounts
Receivable Cash receipts AU+4 2007
101B Cash Postings (Feb. '03 - Mar. '03)
Accounts
Receivable Cash receipts AU+4 2008
101C Cash Postings (Apr. '03 - May '03)
Accounts
Receivable Cash receipts AU+4 2008
103A Accounts Receivable (FY 02/03)
Accounts
Receivable
Accounts
Receivable AU+4 2007
103B
Account Payable Checks Copies "A Misc. - Coate,
Barrie" (FY 01/02 [03]) Accounts Payable Accounts Payable AU+4 2007
103C
Account Payable Checks Copies "Commonwealth
Credit Union - Fry's Electronics" (FY 01/02) Accounts Payable Accounts Payable AU+4 2006
103D
Account Payable Checks Copies G-I (FY 01/02) -
Includes checks from July 2002 (FY 02-03) Accounts Payable Accounts Payable AU+4 2007
123A
Account payable checks copies "J Misc. - Oriental
Trading Co" (FY 01/02) Accounts Payable Accounts Payable AU+4 2006
123B
Account payable checks copies "P misc. - S misc"
(FY 01/02 [03]) Accounts Payable Accounts Payable AU+4 2007
123C
Account payable checks copies "S Misc. - Sutro &
Co" (FY 01/02) Accounts Payable Accounts Payable AU+4 2006
123D
Account payable checks copies "T.A.K.'s Equipment
- Zutshi, Ruchi" (FY 01/02[03]), Void PO's Accounts Payable Accounts Payable AU+4 2007
124A
Account Payable Check copies FY01/02 - Class &
trip refunds, rental deposit refunds, permit refunds Accounts Payable Accounts Payable AU+4 2006
124B
Account Payable Checks copies FY 01/02 Instructor
Fees A-Z Accounts Payable Accounts Payable AU+4 2006
124C
Account Payable checks copies FY 00/01, A Misc. -
Burns, Lori Accounts Payable Accounts Payable AU+4 2005
124D
Account payable checks copies C Misc. - Dunn-
Edwards Corporation (FY 00/01) Accounts Payable Accounts Payable AU+4 2005
200
125A
Account payable checks copies FY 00/01 E Misc. -
Interstate Battery System Accounts Payable Accounts Payable AU+4 2005
125B
Account payable checks copies J Misc. - Orchard
Supply Hardware (FY 00/01) Accounts Payable Accounts Payable AU+4 2005
125C
Account payable checks copies P Misc. - Royal
Coach Tours (FY 00/01) Accounts Payable Accounts Payable AU+4 2005
125D
Account payable checks copies S Misc. - Super
Glass (FY 00/01) Accounts Payable Accounts Payable AU+4 2005
126A
Account payable checks copies TUV Misc., T.A.K.'s
Equipment - Zee Medical (FY 00/01) Accounts Payable Accounts Payable AU+4 2005
126B
Account payable checks copies Permit Refunds,
Instructor Fees (FY 00/01) Accounts Payable Accounts Payable AU+4 2005
126C
Account payable checks copies Class and trip
Refunds, rental deposit refunds (FY 00/01) Accounts Payable Accounts Payable AU+4 2005
131A-
1
Bank deposit tickets (11/23/99 Reception to 5/14/01
Building) [small box] Accounting Banking Records AU+5 2006
140D
Accounts receivables FY 03/04, A/R invoices A - Z
(FY 03/04)
Accounts
Receivable
Accounts
Receivable AU+4 2008
141C
White receipts with backup documentation (cash
receipts) (FY 02/03)
Accounts
Receivable Cash receipts AU+4 2007
141D
White receipts with backup documentation (cash
receipts) (FY 03/04) A Misc. - State of CA Payment
Sched
Accounts
Receivable Cash receipts AU+4 2008
D1
Vendor Payments FY 96-97 Central Bay Painting
Co. to Fry's Electronics Accounts Payable Accounts Payable AU+4 2001
D2 Vendor Payments 2000-2003 Accounts Payable Accounts Payable AU+4 2007
D3
Accounts Payable FY 96/97 Employee
reimbursement, cash refunds A-L, deposit refunds,
Vendor payments W Misc. - Zee Medical Accounts Payable Accounts Payable AU+4 2001
F2
Business License files & Renewal Reports (Jan-Mar
'03)
Accounts
Receivable
Business License
Files T+4 2008
A/p Checks Copies "L-W Misc." (FY 03/04) [from
F14] Accounts Payable Accounts Payable AU+4 2008
F4 Cash Edit Lists/Cash Postings (Jul. '03 - Aug. '03)
Accounts
Receivable Cash receipts AU+4 2008
F5 Cash Edit Lists/Cash Postings (May '04 - Jun. '04)
Accounts
Receivable Cash receipts AU+4 2008
F10 Cash Edit Lists/Cash Postings (Mar. '04 - Apr. '04)
Accounts
Receivable Cash receipts AU+4 2008
F12
Inact. Business File Copies/Renewal
Reports/Notices & Park. Cit. ('03)
Accounts
Receivable
Business License
Files T+4 2008
F13
Cash Postings (Jun. '03) & False Alarm Cards ('02-
'03)
Accounts
Receivable Cash receipts AU+4 2008
F15
A/p Checks Copies & Cotton Shires and Assoc.
Horizon (FY 03/04) Accounts Payable Accounts Payable AU+4 2008
F16
Account Payable Checks Copies "V Misc. - Zutshi"
(FY 02/03) Accounts Payable Accounts Payable AU+4 2007
F17
A/p Checks Copies & PG&E-San Jose Water (FY
03/04) Accounts Payable Accounts Payable AU+4 2008
F18
A/p Checks Copies "Maximus Inc - Pollock, Felicia
Peters" (FY 03/04) Accounts Payable Accounts Payable AU+4 2008
F20
Account Payable Checks Copies "SCC Dept. of
Revenue-UNUM Life Ins." (FY 02/03) Accounts Payable Accounts Payable AU+4 2007
F21
A/p Checks Copies (FY 03/04) "Santa Clara County
Department of Revenue - Streit, Nick" Accounts Payable Accounts Payable AU+4 2008
F22 Cash Edit Lists/Cash Postings (Sept. '03 - Oct. '03)
Accounts
Receivable Cash receipts AU+4 2008
F23
Account Payable Checks Copies "PG&E-San Jose
Water" (FY 02/03) Accounts Payable Accounts Payable AU+4 2007
F24
A/p Checks Copies (Sullivan, Anne-Zutshi, Ruchi)
(FY 03/04) Accounts Payable Accounts Payable AU+4 2008
F25
Account Payable Checks Copies "H Misc.-L Misc."
(FY 02/03) Accounts Payable Accounts Payable AU+4 2007
201
F26
A/p Checks Copies (A Misc.-Coast Oil Company)
(FY 03/04) Accounts Payable Accounts Payable AU+4 2008
F27
Account Payable Checks Copies "Coate, Barrie -
Greg G. Ing and Associates" (FY 02/03) Accounts Payable Accounts Payable AU+4 2007
F28
A/p Checks Copies (I Misc.-League of California
Cities) (FY 03/04) Accounts Payable Accounts Payable AU+4 2008
F29
Account Payable Checks Copies "Rental
Dep./Permit Ref/Instr. Fees" (FY 02/03) Accounts Payable Accounts Payable AU+4 2007
F30
Account Payable Checks Copies "League of CA
Cities-Pac Bell Worldcomm" (FY 02/03) Accounts Payable Accounts Payable AU+4 2007
F31
A/p Checks Copies (A - Kuhn, Brian) (FY 03/04)
Instructor fees and class refunds Accounts Payable Accounts Payable AU+4 2008
F32 Cash Edit Lists (Nov. '03 - Dec. '03)
Accounts
Receivable Cash receipts AU+4 2008
F44 Bank Account - Savings Recon. (FY 99/00 - 00/01) Reports
Bank
Reconciliation AU+5 2006
F45
Account Payable Checks Copies 'A - City of
Saratoga Petty Cash (Finance)" (FY 02/03) Accounts Payable Accounts Payable AU+4 2007
F51
Gen. Checking Account (FY 02/03) Cancelled
Checks #89477-92099 Accounts Payable Checks AU+5 2008
F66
Payroll Employee Files for terminated employees
('01) Payroll
Employee Payroll
files CU+6 2008
Time Sheet Files for terminated employees ('01) Payroll
Payroll -
Employee
Timesheets AU+6 2008
F68 General Checking Account Reconciliation FY 01/02 Reports
Account
Reconciliation AU+5 2007
F8 Cash Edit Lists/Cash Postings (Jan. '04 - Feb. '04)
Accounts
Receivable Cash receipts AU+4 2008
*Where a record could arguably be placed in multiple records series, we have listed both series and kept only the longer retention
period. For example, Parking Citations are processed through Administrative Services: Accounts Receivable as Accounts
Receivable files; they are also listed in Community Development: Code Compliance as "Parking Citations" but have a shorter
retention period. We list the Accounts Receivable retention period.
The following records may only be destroyed if the accompanying resolution to amend the records
retention schedule is approved.
Payroll Registers (a permanent record) have all been removed
Box Description Division Record Series
Official
retention
Retain
through
36B Payroll Reports/Records (Apr-Jun 1998) Payroll
Payroll - Salary
and Deduction
Registers AU+5 2003
36D Payroll Reports/Records (Jan-Mar 1998) Payroll
Payroll - Salary
and Deduction
Registers AU+5 2003
37A Payroll Reports/Records (Oct-Dec 1998) Payroll
Payroll - Salary
and Deduction
Registers AU+5 2004
86B Payroll reports (from 16B) (July-August 1997) Payroll
Payroll - Salary
and Deduction
Registers AU+5 2003
88A Payroll Reports/Records (Jun-Mar 2002) Payroll
Payroll - Salary
and Deduction
Registers AU+5 2007
88C Payroll Reports/Records (May-Jul 2002) Payroll
Payroll - Salary
and Deduction
Registers AU+5 2008
90B Payroll Reports/Records (Jan. '01 - Mar. '01) Payroll
Payroll - Salary
and Deduction
Registers AU+5 2006
90C Payroll Reports/Records (Mar-May 2001) Payroll
Payroll - Salary
and Deduction
Registers AU+5 2006
202
90D Payroll Reports/Records (May-Jun 2001) Payroll
Payroll - Salary
and Deduction
Registers AU+5 2006
91A Payroll Reports/Records (Jul-Aug '01) Payroll
Payroll - Salary
and Deduction
Registers AU+5 2007
91B Payroll Reports/Records (Sep-Oct '01) Payroll
Payroll - Salary
and Deduction
Registers AU+5 2007
91C Payroll Reports/Records (Nov-Dec '01) Payroll
Payroll - Salary
and Deduction
Registers AU+5 2007
92B Payroll Reports/Records (Sep-Nov 2002) Payroll
Payroll - Salary
and Deduction
Registers AU+5 2008
92C Payroll Reports/Records (Nov-Dec '02) Payroll
Payroll - Salary
and Deduction
Registers AU+5 2008
F53 Payroll Reports/Records (Mar. '02 - May '02) Payroll
Payroll - Salary
and Deduction
Registers AU+5 2007
F55 Payroll Reports/Records (Jul '02 - Sept. '02) Payroll
Payroll - Salary
and Deduction
Registers AU+5 2008
F74 Payroll Processing Reports (9/30/98) Payroll
Payroll - Salary
and Deduction
Registers AU+5 2004
City Manager’s Office (Human Resources)
Box Description Division Series
Official
retention
Retain
through
#1
City Volunteer Program Records (non-active
volunteer records) FY 2000-06 Human Resources
City Volunteer
Program Records T+2 2008
Recreation/Facilities Department
Records ready for destruction
Note: Many of the accounting records stored by Recreation/Facilities are fully duplicated in Administrative
Services. These records have been given retention periods based upon the retention requirements of the records
series as noted in the Administrative Services section of the records retention schedule, and have been listed as "AS-
Accounts Payable" etc. in the Division column
Box Description Division Series
Official
retention
Retain
through
#1
Blue binder pages for facility location of classes
7/03-12/03, Long form class locations winter 99,
Spring 99 , Fall 03, winter/spring 03 and
spring/summer 04
General
Administration -
Recreation/Facilities
Administrative
Records CU+2 2006
Receipts 07/01-02/03,
AS-Accounts
Receivable Cash Receipts AU+4 2007
purchase orders 07/02-06/02, refunds 03, petty
cash forms 00-03, ABAG power purchasing pool
02-03, check request 06/01/03-09/11/03, teacher
payments spring 02
AS-Accounts
Payable
Accounts Payable;
Purchase Orders AU+4 2008
release forms for camps 03 Recreation
Release of
Liability/Health forms CU+4 2007
cancelled classes summer 04
General
Administration -
Recreation/Facilities
Reference Files,
Internal SU+2 2006
203
registration forms summer 04 Recreation Registration Forms CU+2 2006
#2 Accounting Daily 6/02-9/02
AS-Accounts
Receivable
Accounts
Receivable AU+4 2007
winter 03 rosters Recreation Class Rosters CU+2 2005
bottom line report (winter 03) Recreation Bottom Line Reports CU+2 2005
#3 Daily Accounting 6/20/2003-04/2004
AS-Accounts
Receivable
Accounts
Receivable AU+4 2008
#4
Building Rentals 2003-2004, contracts, schedules,
receipts & calendars Facilities Facility Rentals cu+4 2008
#6
PO's 07/01-12/01, class refunds 07/00-08/01,
check requests July-Dec 01; fall, summer, spring
02 refunds & teachers payment.
AS-Accounts
Payable
Accounts Payable;
Purchase Orders AU+4 2006
activity summary 03/01-05/01, activity listings
08/01-11/01
General
Administration -
Recreation/Facilities
Reference Files,
Internal SU+2 2004
blue binder facilities res. Reports 07/01-12/01,
party rental forms 99-01, long form classroom
sched. Summer, winter, spring 02.
General
Administration -
Recreation/Facilities
Administrative
Records CU+2 2004
expenditure approval listing 07/01-12/01, daily
accounting 03/04-04/04
AS-Accounts
Receivable
Accounts
Receivable AU+4 2008
#8 Accounting Daily 3/02-6/02
AS-Accounts
Receivable
Accounts
Receivable AU+4 2006
#9
Robert Kirks ABAG purchasing 01-02, PO register
99-00, class refund rosters 99-00 & 03-04,
AS-Accounts
Payable Accounts Payable AU+4 2008
incident Reports 93-98, Risk Management
Accident and
Incident Reports CL+7 2005
fall 01 rosters, faxes, info, rosters & faxes 02, Recreation Class Rosters CU+2 2004
long form spring/summer 02, long forms bldg
assignments for classes 01,
General
Administration -
Recreation/Facilities
Administrative
Records CU+2 2004
fall reconciliation reports 1/09/00, 04/19/01, 12/00-
05/01, AS-Reports
Account
Reconciliation AU+5 2006
daily accounting receipts Jan 01-June 01
AS-Accounts
Receivable
Accounts
Receivable AU+4 2005
check registers 12/00-06/01
AS-Accounts
Payable Check registers CU+7 2008
instructor roster 99-00 Recreation Roster of Instructors SU+2 2003
Instructor contracts 98, Recreation
Instructor
Applications and
Contracts T+4 2003
camp release forms 12/03 Recreation
Release of
Liability/Health forms CU+4 2007
#10
Building Rentals 7/00-6/02, calendars, rental logs,
schedules, receipts & contracts. Facilities Facility Rentals cu+4 2006
#11
Registration forms fall 01, winter, spring, 02 trip,
spring, summer 02 Recreation Registration Forms cu+2, 2004
#12 Payroll instructor 02/03, payroll instructor 02-03, Recreation Instructor Payments cu+4 2008
class refunds 04,
AS-Accounts
Payable Accounts Payable AU+4 2008
fall rosters 04, winter 05 rosters & misc reports,
hobbit play enrollment 03, Recreation Class Rosters CU+2 2007
redwood sports liability forms 04, Recreation
Release of
Liability/Health forms CU+4 2008
facility reports 7/04-1/05 (calendars of facility use)
General
Administration -
Recreation/Facilities
Administrative
Records CU+2 2007
204
#13
Fall, summer, spring 02 Teacher payments, &
refunds, Accounting 3/04-04/30/04
AS-Accounts
Payable Accounts Payable AU+4 2008
#14
Building Rentals 02/03 & 03/04, contracts,
schedules, calendars & receipts. Facilities Facility Rentals cu+4 2008
#15 Registration forms 2001 Recreation Registration Forms CU+2 2003
#16 Daily Accounting Nov-Dec 01 Aug-Oct 01
AS-Accounts
Receivable
Accounts
Receivable AU+4 2006
Activity summary spring 01,& summer, winter,
spring 2000
General
Administration -
Recreation/Facilities
Reference Files,
Internal SU+2 2003
#17
Purchase orders 7/01/02-06/20/2003; class
refunds summer 2001, fall & summer 2000,
AS-Accounts
Payable Accounts Payable AU+4 2007
contracts on former instructors 1991-2003,
personnel forms on former rec leaders 1991-2003, Recreation
Instructor
Applications and
Contracts T+4 2008
teacher payments summer 2000 & 20001 Recreation Instructor Payments CU+4 2005
spring 2000-Winter 2002 rosters, faxes and
rosters info 2001 Recreation Class Rosters CU+2 2003
reports, information mailing lists 2002
General
Administration -
Recreation/Facilities
Administrative
Records CU+2 2004
#18 refunds spring & summer 03, summer 03 refunds,
AS-Accounts
Payable Accounts Payable AU+4 2007
teacher payment spring& summer 03, Recreation Instructor Payments CU+4 2007
drafts for winter 03 brochure, Recreation Activity Guides CU+2 2005
summer 03 rosters & notes on classes, Recreation Class Rosters CU+2 2005
long forms fall 02, summer 03, winter/spring 03,
old correspondence with instructors 02, blank old
forms, old voice mail books 2003.
General
Administration -
Recreation/Facilities
Administrative
Records CU+2 2005
#19
summer camp paperwork, brochure report, long
forms, 2000-2001
General
Administration -
Recreation/Facilities
Administrative
Records CU+2 2003
Trip Registration Forms 2000-2001 Recreation Registration Forms CU+2 2003
#20
Activity summary fall 2000 & winter 01, information
on classes 02, & 03
General
Administration -
Recreation/Facilities
Reference Files,
Internal SU+2 2006
roster changes summer camps 2000, Recreation Class Rosters CU+2 2002
THE accounting 2/07/00-08/11/00, daily
accounting 1/07/03-3/31/03 & 11/27/02-1/16/03,
AS-Accounts
Receivable
Accounts
Receivable AU+4 2007
refund info 2003,
AS-Accounts
Payable Accounts Payable AU+4 2007
#21 daily accounting 01,
AS-Accounts
Receivable
Accounts
Receivable AU+4 2006
winter wonderland registration forms 2001, Recreation Registration Forms CU+2 2003
Activity Reports listing 01, 02,
General
Administration -
Recreation/Facilities
Reference Files,
Internal SU+2 2005
teacher payments winter 01 & 02, Recreation Instructor Payments CU+4 2006
refunds 01
AS-Accounts
Payable Accounts Payable AU+4 2005
#22 2001 activity summary, class stats fall 01
General
Administration -
Recreation/Facilities
Reference Files,
Internal SU+2 2004
brochure info 01, fall 2000 brochure Recreation Activity Guides CU+2 2003
205
calendar of classes fall 2000
General
Administration -
Recreation/Facilities
Administrative
Records CU+2 2002
teacher phone lists 01 Recreation Roster of Instructors SU+2 2004
faxes & roster info fall 01, Recreation Class Rosters CU+2 2003
refunds 01 winter & spring, refunds fall 00,
AS-Accounts
Payable Accounts Payable AU+4 2005
teacher payments spring & winter 01 Recreation Instructor Payments CU+4 2005
daily class deposits 8/25/00-05/13/2001, Recreation
Miscellaneous
Payments Cu+4 2005
#23 deposits 01/00-06/01 Recreation
Miscellaneous
Payments cu+4 2005
registration forms 01/00-06/01 Recreation Registration forms CU+2 2003
#24 instructor contracts 99/01 Recreation
Instructor
Applications and
Contracts T+4 2005
#25
Camps 90-91 info, brochure info fall 89-fall 91, old
fashioned camp printout spring 96, brochure & trip
info 97-98, Recreation Activity Guides CU+2 2000
instructor contracts expired 93-96, Recreation
Instructor
Applications and
Contracts T+4 2000
class refund roster summer 91, Recreation Class Rosters CU+2 1993
#26 Trips 5/92-9/95
General
Administration -
Recreation/Facilities
Contracts and
Agreements CL+4* 1999
#27
special events, holiday classes events, paperwork
87-98, brochure info 92-97 trip info 12/97-12/98
General
Administration -
Recreation/Facilities
Contracts and
Agreements CL+4* 2002
#28 Trips 89-92
General
Administration -
Recreation/Facilities
Contracts and
Agreements CL+4* 1996
#29 trips & info 9/95-12/97
General
Administration -
Recreation/Facilities
Contracts and
Agreements CL+4* 2001
#30 refunds winter 02, fall 03, winter 04,
AS-Accounts
Payable Accounts Payable AU+4 2008
teacher payments summer 00, winter 03, fall 02,
winter 04, Recreation Instructor Payments CU+4 2008
bldg. reservations report and copies 11/01/04-
06/30/04. Facilities Facility Rentals CU+4 2008
#31 Trips 85-89
General
Administration -
Recreation/Facilities
Contracts and
Agreements CL+4* 1993
#32 Reg. forms 2002 & 2003 Recreation Registration Forms Cu+2 2005
#33
Building Rentals 7/98-06/00 calendars, rental logs,
schedules, receipts & contracts. Facilities Facility Rentals CU+4 2004
#34 Registration Forms summer 03, fall 03, fall 04 Recreation Registration Forms CU+2 2006
#35 Camps 86-88 info, winter events,
General
Administration -
Recreation/Facilities
Contracts and
Agreements CL+4* 1992
brochure info fall 86 & summer 89, Recreation Activity Guides CU+2 1991
facility log 1/02-06/02, Facilities Facility Rentals CU+4 2006
accounting receipts 7/1/02-06/27/03,
AS-Accounts
Receivable Cash Receipts AU+4 2007
206
copies check requests & PO's Robert Kirks 02-03,
PO's listing 2002 & 2003
AS-Accounts
Payable Accounts Payable AU+4 2007
#35 Accounting 5/03/04-07/01/04 & 1/12/04-03/16/04.
AS-Accounts
Receivable
Accounts
Receivable AU+4 2008
release liability 04, Recreation
Release of
Liability/Health forms CU+4 2008
theater info & contracts 01-02
General
Administration -
Recreation/Facilities
Contracts and
Agreements CL+4* 2006
#36
impac copies (purchasing) 5/22/02-12/22/03, PO
copies 2003-04, ABAG power purchasing 1992-
2000, ,
AS-Accounts
Payable
Accounts Payable;
Purchase Orders AU+4 2008
afterschool redwood coaches 02-03, contracts -
finger printing info Recreation
Instructor
Applications and
Contracts T+4 2007
Daily accounting 9/20/02-11/26/02,
AS-Accounts
Receivable
Accounts
Receivable AU+4 2007
Yellow page ad 2002,
General
Administration -
Recreation/Facilities
Administrative
Records CU+2 2004
Hercules play enrollment forms 2001, Recreation Registration Forms CU+2 2003
Free standing ballet bar info on equipment,
vending machine, trampoline, ( equip no longer
here) no longer in service since 2000 Facilities
Equipment
Ownership L+2 2002
copies of bldg. rental agreement, 02-03 Facilities Facility Rentals CU+4 2007
ball park theatre contracts 02-03,
General
Administration -
Recreation/Facilities
Contracts and
Agreements CL+4 2007
statements & letters Bank Comerica 91-01 AS-Accounting Banking Records AU+5 2006
#38 Redwood Afterschool Sports 00-04, Recreation
Instructor
Applications and
Contracts T+4 2008
contracts 97,01,02,04, Recreation
Instructor
Applications and
Contracts T+4 2008
Rosters 01 Recreation Class Rosters CU+2 2003
sign ups pymt 00-01, Boosters pymt 98, 02, 03, Recreation
Miscellaneous
Payments CU+4 2007
#39 Trips 85-89
General
Administration -
Recreation/Facilities
Contracts and
Agreements CL+4* 1993
#40
Expenditure Approval list 00, Robert Kirks-
Encumbrance Listing by vendor 00, check
requests & invoices 99-00, PO's with register 99,
00,
AS-Accounts
Payable
Accounts Payable;
Purchase Orders AU+4 2004
classroom assignments for rentals 7/00-12/00, Facilities Facility Rentals CU+4 2004
teacher contracts 98/99, Recreation
Instructor
Applications and
Contracts T+4 2003
postage receipts 96-99, trip correspondence 00,
information on HTE 95
General
Administration -
Recreation/Facilities
Administrative
Records CU+2 2002
paperwork on redwood coaches 98-99. Recreation
Instructor
Applications and
Contracts T+4 2003
207
payment info revenue from vending machine 2000,
AS-Accounts
Receivable
Accounts
Receivable AU+4 2004
instructor contracts 97-99, Recreation
Instructor
Applications and
Contracts T+4 2003
activity summary 00
General
Administration -
Recreation/Facilities
Reference Files,
Internal SU+2 2003
*Where a record could arguably be placed in multiple records series, we have listed both series and kept only the longer retention
period. Trips and events include class rosters, Purchase orders, contracts and associated administrative documents, and external
info such as brochures. We list the Contracts and Agreements retention period.
Public Works (Corp. Yard)
Box Description Division Record Series
Official
retention
Retain
through
#1
Closed Purchase Orders and Check Requests
Vendors A-Z FY 1999-2001 Corp. Yard Vendor Files CL+4 2005
#2 Paid Vendor Files / A-Z/ FY 2002-2003 Corp. Yard Vendor Files CL+4 2007
#3 Paid Vendor Files / A-Z/ FY 2003-2004 Corp. Yard Vendor Files CL+4 2008
#4 PG&E/San Jose Water Co Paid Invoices 2001-2004 Corp. Yard Vendor Files CL+4 2008
AUTHORIZATION FOR DESTRUCTION
The above-listed records have been retained in accordance with the City’s Records Retention
Schedule and applicable federal and state laws. Upon approval of the City Council by resolution
and the approval of the City Attorney, these records will be properly destroyed.
City Attorney’s Consent:
The above-listed categories of records have been reviewed and I hereby authorize the
destruction of all the listed records.
________________________________
Richard Taylor
City Attorney, City of Saratoga
________________________________
Date
208
1
SARATOGA CITY COUNCIL
MEETING DATE: July 15, 2009 AGENDA ITEM:
DEPARTMENT: Community Development CITY MANAGER: Dave Anderson
PREPARED BY: Jana Rinaldi DIRECTOR: John Livingstone
________________________________________________________________________
SUBJECT: Parking Violation Penalty Increase
________________________________________________________________________
RECOMMENDED ACTION:
Adopt resolution approving a ten-dollar increase in the fine amount for parking
violations.
REPORT SUMMARY:
In 1998, Saratoga City Council approved the Saratoga Parking Fine Schedule setting the
parking fine amounts for violations of Saratoga City Code. In January 2004, Saratoga City
Council approved a penalty increase of five dollars per violation. The parking fine schedule
has not been reviewed since 2004. In late 2008 Senate Bill 1407 passed, increasing the state
court construction fee for each County. Santa Clara County increased the tax from $5.00 to
$9.50 for each paid citation. In order for the City of Saratoga to not have a decrease in fines,
the amount should be raised equal to the State increase.
FISCAL IMPACTS:
An increase of $10.00 per parking violation will cover the increase from Santa Clara County
due to the passing of Senate Bill 1407 in late 2008.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
If the City does not increase the parking bail schedule to cover the Santa Clara County fee,
the City will lose $9.50 for every paid citation.
209
2
FOLLOW UP ACTION(S):
Contact Sheriff, Superior Court and Dataticket to enact the increase.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Notice of this meeting was properly posted.
ATTACHMENTS:
1. Resolution
2. Existing Saratoga City Code Parking Violation Fine Schedule
3. Proposed Saratoga City Code Parking Violation Fine Schedule
210
- 1 -
RESOLUTION NO. _____
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SARATOGA TO INCREASE THE AMOUNT
OF FINE REQUIRED FOR A PARKING VIOLATION
WHEREAS, the Saratoga Parking Violation Fine Schedule has not been reviewed since
2004;
and
WHEREAS, the increase will cover the Santa Clara County tax fee; and
WHEREAS, an increase in parking fine amounts will allow the City of Saratoga to
recover enforcement funds lowering parking enforcement’s reliance on general city funds
NOW, THEREFORE, the City Council of the City of Saratoga hereby resolves as
follows:
Saratoga City Council approves an increase in the fine amount of the Saratoga Parking
Violation Fine Schedule by ten dollars per violation.
The above and foregoing resolution was passed and adopted at an adjourned meeting of the
Saratoga City Council held on the __ day of ________, 2009 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Chuck Page, Mayor
ATTEST:
____________________________
Ann Sullivan, City Clerk
211
PROPOSED
City of Saratoga Parking Bail Schedule
ORDINANCE VIOLATION DESCRIPTION BAIL
9-15.050(c) Parking where prohibited $55.00
9-15.060(c) Parking in excess of time limit $55.00
9-15.090(a) Commercial loading zone $55.00
9-15.100(a) Passenger loading zone $55.00
9-15.120(a) Bus loading zone $270.00
9-15.130(a) Mail deposit zone $55.00
9-20.030(a) Parking in prohibited areas at City Hall $40.00
9-25.010(a) Parking in excess of 72 hours on public street $70.00
9-25.020(b) Parked while repairing a vehicle on public street $55.00
9-25.030 Commercial vehicle on residential street longer than 20’ or
over 8’ in height between the hours of 2000-0800
$120.00
9-40.050 Parking a commercial vehicle over 5 tons off truck route $120.00
10-05.050 Parking on a sidewalk or pedestrian walkway $55.00
11-05.040(b) Parking a vehicle in City Park- must be in parking lot $55.00
15-12.160 Parking a vehicle on private property over 120 hours $70.00
15-35.110(a) Parking a vehicle for sale on a commercial lot $60.00
15-35.110(b) Parking more than one vehicle for sale on private property $60.00
CVC CVC VIOLATION DESCRIPTION BAIL
21113(a) Parking in violation on public property (Schools) $35.00
22500(a) Parking unlawfully within an intersection $35.00
22500(b) “ on a crosswalk $35.00
22500(c) “ adjacent to a safety zone $35.00
22500(d) “ within 15 feet of a fire station driveway $35.00
22500(e) “ blocking a public or private driveway $35.00
22500(f) “ on a sidewalk $35.00
22500(g) “ blocking excavation $35.00
22500(h) “ double parking $35.00
22500(i) “ in a posted bus loading zone $255.00
22500(j) “ in a tunnel or tube $35.00
22500(k) “ on a bridge $35.00
22500(l) “ blocking a wheelchair ramp $280.00
22500.1 Parked in a posted fire lane $50.00
22502(a) Parking with right hand wheels more than 18” from curb or
direction of traffic
$35.00
22505(b) Parking on highway where sign posted $35.00
22507.8(a) Parked in handicap stall (no placard in view) $336.00
22507.8(b) Obstructing or blocking access to handicap stall $336.00
22514 Parked within 15 feet of fire hydrant $50.00
22516 Person locked in vehicle (no escape access) $100.00
22521 Parked on or within 7½ feet of railroad tracks $35.00
22522 Parked within 3’ of any sidewalk access ramp to a crosswalk $280.00
22523(b) Abandoned vehicle upon a highway $250.00
212
Effective 3/3/05
City of Saratoga Parking Bail Schedule
ORDINANCE VIOLATION DESCRIPTION BAIL
9-15.050 Parking where prohibited (Red Zone) $45.00
9-15.050(c) Sign/Curb Marking No Parking $45.00
9-15.060 Parking in excess of time limit $45.00
9-15.090 Commercial loading zone $45.00
9-15.100 Passenger loading zone $45.00
9-15.120 Bus loading zone $260.00
9-15.130 Mail deposit zone $45.00
9-20.030 Parking in prohibited areas at City Hall $30.00
9-25.010(a) Parking in excess of 72 hours on public street $60.00
9-25.020(b) Parked while repairing a vehicle on public street $45.00
9-25.030 Commercial vehicle on residential street longer than 20’ or
over 8’ in height between the hours of 2000-0800
$110.00
9-40.050 Parking a commercial vehicle over 5 tons off truck route $110.00
10-05.050 Parking on a sidewalk or pedestrian walkway $45.00
11-05.040(b) Parking a vehicle in City Park- must be in parking lot $45.00
15-12.160 Parking a vehicle on private property over 120 hours $60.00
15-35.110(a) Parking a vehicle for sale on a commercial lot $50.00
15-35.110(b) Parking more than one vehicle for sale on private property $50.00
CVC CVC VIOLATION DESCRIPTION BAIL
21113(a) Parking in violation on public property (Schools) $35.00
22500(a) Parking unlawfully within an intersection $35.00
22500(b) “ on a crosswalk $35.00
22500(c) “ adjacent to a safety zone $35.00
22500(d) “ within 15 feet of a fire station driveway $35.00
22500(e) “ blocking a public or private driveway $35.00
22500(f) “ on a sidewalk $35.00
22500(g) “ blocking excavation $35.00
22500(h) “ double parking $35.00
22500(i) “ in a posted bus loading zone $255.00
22500(j) “ in a tunnel or tube $35.00
22500(k) “ on a bridge $35.00
22500(l) “ blocking a wheelchair ramp $280.00
22500.1 Parked in a posted fire lane $50.00
22502(a) Parking with right hand wheels more than 18” from curb or
direction of traffic
$35.00
22505(b) Parking on highway where sign posted $35.00
22507.8(a) Parked in handicap stall (no placard in view) $336.00
22507.8(b) Obstructing or blocking access to handicap stall $336.00
22514 Parked within 15 feet of fire hydrant $50.00
22516 Person locked in vehicle (no escape access) $100.00
22521 Parked on or within 7½ feet of railroad tracks $35.00
22522 Parked within 3’ of any sidewalk access ramp to a crosswalk $280.00
22523(b) Abandoned vehicle upon a highway $250.00
213
1
SARATOGA CITY COUNCIL
MEETING DATE: July 15, 2009 AGENDA ITEM:
DEPARTMENT: Community Development CITY MANAGER: Dave Anderson
PREPARED BY: Richard Taylor, City Attorney DIRECTOR: John Livingstone, AICP
SUBJECT: Zoning Ordinance Amendment to Create Regulations for Tobacco
Retailers
RECOMMENDED ACTION:
Review the draft ordinance and provide direction to staff.
REPORT SUMMARY:
The City regularly receives information from the Public Health Institute (“PHI”)
regarding potential ordinances to protect public health. Mayor Page requested that staff
prepare a report to Council with a draft ordinance based on a PHI model to require
tobacco retailers to obtain a use permit.
DISCUSSION:
The attached draft ordinance would regulate tobacco retailers in the City of Saratoga. It is
based on a Model Land Use Ordinance Regulating the Location and Operations of
Tobacco Retailers drafted by the Public Health Institute (www.phi.org) and its Technical
Assistance Legal Center. Model Ordinance suggests numerous regulatory options, some
of which are included in the proposed amendment, and others of which are discussed
below as “policy issues”. In addition to the policy issues, the attached draft would be
refined to better fit with the Saratoga Code if Council elects to proceed with an
ordinance.
The proposed amendment begins with findings, which describe Saratoga’s specific
interest in regulating Tobacco Retailers and its authority to do so. More general
information about the health consequences of smoking and current trends in California
can be found on the Public Health Institute website and on the attached “Fast Facts” sheet
from the Center for Disease Control and Prevention.1
1 http://www.cdc.gov/tobacco/data_statistics/fact_sheets/fast_facts/index.htm
214
2
The amendment has two main components: 1) it requires new Tobacco Retailers to obtain
a conditional use permit (CUP), with alternate provisions for existing Tobacco Retailers,
and 2) it limits the density of new Tobacco Retailers. This is discussed in more detail
below.
Conditional Use Permits
New Tobacco Retailers (defined as any person who sells tobacco products) would be
allowed to operate only in commercial zoning districts and only after obtaining a CUP.
(If Council elects to proceed with this ordinance staff would conduct further research to
confirm that there are no existing tobacco retailers outside of commercial districts.) The
granting of a CUP would be discretionary, and would require ongoing compliance with
the following conditions:
· Tobacco products must be secured, so that only employees have access;
· Tobacco Retailers must comply with existing state, local and federal laws;
· Sale of tobacco products must be by individuals 18 or older;
· No sale to or sampling by individuals under 18 years of age; and
· No smoking on the premises of a Tobacco Retailer.
The ordinance would provide that if a Tobacco Retailer fails to comply with the
conditions or with other applicable law, the Community Development Director can
suspend the right to sell tobacco for 30 days for the first violation and 90 days for a
second violation within a 60-day period. For the third violation, the Director can revoke
Tobacco Retailer’s right to sell tobacco. These suspension and revocation procedures
differ from the enforcement procedures for other CUP violations, as tobacco violations
tend to be more technical in nature. The tobacco procedures are similar the enforcement
mechanisms for State regulation of liquor licenses.
For Tobacco Retailers already in existence at the time of enactment, the operator is not
required to obtain a CUP. Instead, the operator must apply to the Director within a
specified time period to obtain an Administrative Tobacco Retailer Permit. In the
application, the operator must declare that it will comply with the conditions for the CUP
listed above. If the operator fails to obtain the Administrative Tobacco Retailer Permit
within the specified time, they must obtain a CUP through the process described above. A
suspension or revocation decision is appealable to the Planning Commission.
Within the general framework of a CUP requirement there are three policy issues:
CUP Policy Issue 1: The City must determine whether tobacco retailer CUPs will
be issued by the Planning Commission or would be uses subject to Community
Development director approval under the new expedited use permit review process.
Similarly, the City must determine whether use permit suspensions/revocations may be
issued by the Director or may only be instituted by the Planning Commission.
215
3
CUP Policy Issue 2: As drafted the ordinance provides that existing Tobacco
Retailers be given 180 days from the date of enactment to obtain an Administrative
Tobacco Retailer Permit. The City Council could also consider other time frames.
CUP Policy Issue 3: The City Council could consider having enforcement
decisions appealed to a hearing officer instead of the Planning Commission.
Density Limits
The second component of the amendment would limit the density of new Tobacco
Retailers. No new Tobacco Retailer could obtain a CUP on a parcel located within 500
feet of any existing Tobacco Retailer. Existing Tobacco Retailers would not be subject to
this requirement.
Within the general framework of a density limitation there are several policy issues:
Density Policy Issue 1: The draft ordinance limits new Tobacco Retailers within
500 feet of existing Tobacco Retailers. The Council could direct a different distance.
Density Policy Issue 2: The PHI Model Ordinance also restricts the location of
“Significant” Tobacco Retailers (retailers that devote a certain percentage of floor area to,
or that derive a certain amount of gross sale receipts from, tobacco products) to areas
more than 1,000 feet from youth-oriented activities. Saratoga’s ordinance could include
this type of provision. If included, the City Council could adjust the definition of
Significant Tobacco Retailer or the distance restrictions.
Density Policy Issue 3: The PHI Model Ordinance also restricts the total number
of Tobacco Retailers based on the City’s population (i.e., one Tobacco Retailer per 1,000
residents). Saratoga’s ordinance could include this type of provision.
Enforcement
In addition to the suspension and revocation enforcement activities already described, the
amendment also declares that any violation of this section would constitute a public
nuisance. The City also retains the ability to enforce the section through civil actions,
administrative or judicial nuisance abatement proceedings, civil or criminal code
enforcement proceedings, unfair business practice proceedings, and suits for injunctive
relief.
Enforcement Policy Issue: As an additional enforcement option, the PHI Model
Ordinance also includes a private right of action. This would allow private individuals to
independently enforce the ordinance in lieu of the City.
216
4
FISCAL IMPACTS
Staff time would be required to administer the ordinance. Some of these costs will be
recovered through application fees.
ALTERNATIVES
The Public Health Institute has model ordinances regulating secondhand smoke in
recreational areas, imposing licensing requirements, and tobacco sampling programs.
The City Council could consider these ordinances in addition to or instead of the use
permit requirement.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
The City would not require use permits or regulate the density of tobacco retailers.
FOLLOW UP ACTION:
If the Council wishes to consider adoption of the attached ordinance staff will present it
to the Planning Commission for review and comment to the City Council as required by
state law for zoning code amendments.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Notice for this meeting.
ATTACHMENTS:
A. Proposed Ordinance
B. Fast Facts Handout from the Center for Disease Control and Prevention
P:\SARATOGA\RESOLUTI\Tobacco Ordinances\Tobacco Ordinance (draft Staff Report).doc
217
ORDINANCE NO. __________
AN ORDINANCE AMENDING THE SARATOGA MUNICIPAL CODE TO PROVIDE
REGULATIONS FOR RETAIL ESTABLISHMENTS SELLING TOBACCO PRODUCTS
AND TOBACCO PARAPHERNALIA
THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS:
SECTION 1. Findings
A. The City of Saratoga recognizes the negative health consequences of smoking and
wishes to regulate the sale of tobacco products and tobacco paraphernalia out of
concern for the health of Saratoga’s citizens.
B. Zoning controls and a requirement that tobacco retailers obtain a use permit will
not unduly burden legitimate business activities of tobacco retailers who sell
cigarettes or distribute tobacco products or tobacco paraphernalia to adults. It will,
however, allow the City of Saratoga to regulate the operation of lawful businesses
to avoid circumstances which facilitate violations of state, federal, and local laws.
C. The City of Saratoga has a substantial interest in ensuring that any person selling
or exchanging tobacco products should be at least of a legal age to purchase such
products.
D. The City of Saratoga has a substantial interest in promoting compliance with state
laws prohibiting the sales of tobacco products to minors; in promoting compliance
with federal, state and local laws intended to discourage the purchase of tobacco
products by minors; and finally, and most importantly, in protecting children from
being lured into illegal activity through the misconduct of adults.
E. The California courts in such cases as Cohen v. Board of Supervisors (1985) 40
Cal. 3d 277, and Bravo Vending v. City of Rancho Mirage (1993) 16 Cal. App.
4th 383, have affirmed the power of local governments to regulate business
activity in order to discourage violations of state law.
F. The California Constitution, Article XI, section 7, provides cities and counties
with the authority to enact ordinances to protect the health, safety, welfare, and
morals of their citizens.
G. Zoning regulations are necessary to control the location and operation of the sale
or exchange of tobacco products and/or tobacco paraphernalia for the protection
of public health, safety and welfare.
H. It is the intent of the City Council to discourage violations of laws forbidding
distribution of tobacco products to minors, but not to expand or reduce the degree
to which the acts regulated by state or federal law are criminally proscribed.
218
SECTION 2. Adoption.
A. Section 15-19.020 of the Saratoga City Code is hereby amended by adding the
text shown in bold double-underlined (example) and deleting the text shown in
strikeout (example) in Attachment A.
B. Section 15-80.130 is added to the Saratoga City Code as shown in Attachment A.
SECTION 3. California Environmental Quality Act.
Pursuant to the California Environmental Quality Act (“CEQA”), this action is exempt under 14
California Code of Regulations (“CEQA Guidelines”) section 15061(b)(3) (the amendments are
exempt because it can be seen with certainty that there is no possibility that the activity in
question may have a significant effect on the environment).
SECTION 4. Severance Clause.
The City Council declares that each section, sub-section, paragraph, sub-paragraph, sentence,
clause and phrase of this ordinance is severable and independent of every other section, sub-
section, sentence, clause and phrase of this ordinance. If any section, sub-section, paragraph,
sub-paragraph, sentence, clause and phrase are held invalid, the City Council declares that it
would have adopted the remaining provisions of this ordinance irrespective of the portion held
invalid, and further declares its express intent that the remaining portions of this ordinance
should remain in effect after the invalid portion has been eliminated.
SECTION 5. Publication.
This ordinance or a comprehensive summary thereof shall be published in a newspaper of
general circulation of the City of Saratoga within fifteen days after its adoption.
The foregoing ordinance was introduced and read at the regular meeting of the City Council of
the City of Saratoga held on the ___ day of _____, 2009, and was adopted by the following vote
following a second reading on the _____ day of ___________________________, 2009:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
219
__________________________________
CHUCK PAGE
MAYOR OF THE CITY OF SARATOGA
Saratoga, California
ATTEST:
__________________________________
ANN SULLIVAN
CLERK OF THE CITY OF SARATOGA
Saratoga, California
APPROVED AS TO FORM:
____________________________________________
RICHARD TAYLOR, CITY ATTORNEY
220
Attachment A to Ordinance No. __
Amendment to Section 15-19.020
15-19.020 General regulations.
The following general regulations shall apply to all commercial districts in the City:
[subsection (a) unchanged]
(b) Conditional uses. The following conditional uses may be allowed in any commercial
district, upon the granting of a use permit in accordance with this code: pursuant to Article 15-
55 of this Chapter:
[subsections (1)-(14) unchanged]
(15) Tobacco Retailers, as defined in Section 15-80.130 of this Article. All Tobacco Retailers
shall be subject to the permitting requirements and provisions set forth in Section 15-
80.130 of this Article.
Amendment adding Section 15-80.130
15-80.130 Tobacco Retailers
(a) Definitions. For the purposes of this Section, the following words and phrases shall
have the meanings specifically ascribed to them in this subsection, unless the context or
provision clearly requires otherwise:
(1) Person means any natural person, partnership, cooperative association, private
corporation, personal representative, receiver, trustee, assignee, or any other legal entity.
(2) Tobacco Paraphernalia means cigarette papers or wrappers, pipes, holders of smoking
materials of all types, cigarette rolling machines, and any other item designed for the smoking or
ingestion of tobacco products.
(3) Tobacco Products means any substance containing any tobacco leaf, including but not
limited to cigarettes, cigars, bidis, pipe tobacco, snuff, chewing tobacco, and smokeless tobacco.
(4) Tobacco Retailer means any person who sells, offers for sale, exchanges or offers to
exchange for any form of consideration, tobacco, tobacco products and/or tobacco paraphernalia;
“tobacco retailing” shall mean the doing of any of these things.
(b) Conditional Use Permits. In zoning districts where Tobacco Retailers are listed a
conditional use (Commercial Districts), Tobacco Retailers may be allowed upon the granting of a
use permit. Tobacco Retailers are not allowed in any zoning district unless listed as a conditional
221
use. In addition to the requirements of Article 15-55, conditional use permits for Tobacco
Retailers must include the following conditions:
(1) Tobacco products and/or tobacco paraphernalia shall be secured so that only store
employees have immediate access to the tobacco products and/or tobacco paraphernalia. Self-
service displays are prohibited.
(2) The Tobacco Retailer shall comply with local, state, and/or federal laws regarding
sales, advertising or display of tobacco products and/or tobacco paraphernalia including posting
prominently near the cash register or other point of sale the legal age to buy tobacco products
and/or tobacco paraphernalia, and checking the identification of all purchasers to ensure they are
of legal age.
(3) No person under 18 years of age may sell or exchange tobacco products or tobacco
paraphernalia.
(4) Sampling of tobacco products by individuals under 18 years of age shall not be
permitted. Therefore, tobacco products shall not be given or sold to individuals under 18 years of
age.
(5) Smoking shall be prohibited in a premises deemed a Tobacco Retailer.
(c) Limited Density of Tobacco Retailers. No Tobacco Retailer, not legally in existence
as of the date of enactment of this ordinance, shall be granted a conditional use permit to operate
on a site which is within five hundred (500) feet of a site occupied by another Tobacco Retailer,
as measured in a straight line from the point on the parcel boundary of the existing Tobacco
Retailer nearest to the proposed Tobacco Retailer to the nearest point on the parcel boundary of
the proposed Tobacco Retailer.
(d) Exiting Tobacco Retailers: Procedure for Administrative Approval of Use Permit. If a
Tobacco Retailer is legally in existence on [date of enactment], the operator is not required to
comply with the requirements in subdivision (b), as long as the operator obtains an
Administrative Tobacco Retailer Permit by [date of enactment plus 180 days]. The Director shall
issue an Administrative Tobacco Retailer Permit to any Tobacco Retailer legally in existence as
of the date of enactment of this ordinance when it obtains a declaration from the Tobacco
Retailer operator declaring that it will comply with the conditions in subdivision (b).
(e) Suspension or Revocation of a Conditional Use Permit.
(1) The suspension and revocation provisions set forth in this subsection apply to
conditional use permits granted under both subsection (b) and (d).
(2) Grounds for Suspension or Revocation: In addition to any basis for suspension or
revocation under Article 15-55, a Tobacco Retailer’s Conditional Use Permit status shall be
suspended or revoked if the Director finds, after notice and opportunity to be heard, any of the
following:
222
(A) That the applicant has violated any of the use permit conditions of approval,
including without limitation the conditions set forth in subsection (b) of this Section, or
(B) That the applicant has violated any local, state or federal law governing the sale,
advertisement or display of tobacco products or tobacco paraphernalia.
(3) Suspension shall suspend the privilege of tobacco retailing for a stated period
pursuant to paragraph (4) of this subsection. Revocation shall be without prejudice to the filing
of a new application for a conditional use permit following correction of the conditions that
required the revocation.
(4) Suspension or Revocation of CUP: If the Department finds that there are grounds for
the suspension of a CUP, the following sanctions shall be imposed:
(A) A first violation of this ordinance shall result in a thirty-day (30) suspension of the
right to sell tobacco products and tobacco paraphernalia.
(B) A second violation of this ordinance within a sixty-month (60) period shall result in a
ninety-day (90) suspension of the right to sell tobacco products and tobacco paraphernalia.
(C) A third or subsequent violation of this ordinance within a sixty-month (60) period
may result in a revocation of the right to sell tobacco products and tobacco paraphernalia.
(5) Appeal of Suspension and/or Revocation: The decision of the Director is appealable
to the Planning Commission and must be filed within 10 days of receipt of the determination of
violation. An appeal shall stay all proceedings in furtherance of the appealed action.
(f) Enforcement.
(1) Violations of this Section and any use permit issued hereunder are hereby declared to
be public nuisances.
(2) In addition to other remedies provided by this Section or by other law, any violation
may be remedied by a civil action brought by the City Attorney, including but not limited to
administrative or judicial nuisance abatement proceedings, civil or criminal code enforcement
proceedings, unfair business practice proceedings under Business & Professions Code Section
17200 et seq., and suits for injunctive relief. The remedies provided by this Section are
cumulative and in addition to any other remedies available at law or in equity.
P:\SARATOGA\RESOLUTI\Tobacco Ordinances\Draft Tobacco Retailer Ordinance.doc
223
Fast Facts
Morbidity and Mortality Related to Tobacco Use
Worldwide, tobacco use causes more than 5 million deaths per year.1
Current trends show that tobacco use will cause more than 8 million deaths annually by 2030.1
Cigarette smoking is the leading preventable cause of death in the United States.2
In the United States, cigarette smoking is responsible for about one in five deaths annually, or
about 443,000 deaths per year.3
An estimated 49,000 of these deaths are the result of secondhand smoke exposure.3
On average, smokers die 13 to 14 years earlier than nonsmokers.2
For every person who dies of a smoking-related disease, 20 more people suffer with at least
one serious illness from smoking.4
Cigarette smoking increases the length of time that people live with a disability by about 2
years.5
Tobacco-Related Costs and Expenditure in the United
States
Annually, cigarette smoking costs more than $193 billion ($97 billion in lost productivity and
$96 billion in health care expenditures).3
Health care costs associated with exposure to secondhand smoke average $10 billion
annually.6
In 2005, the latest year with available data, the cigarette industry spent almost $13.4 billion, or
more than $36 million per day, on advertising and promotional expenses.7
States spend less than 3% of the $24.9 billion available to them from tobacco excise taxes and
tobacco industry legal settlements on preventing and controlling tobacco use.8 Investing only
17% of these funds would allow every state tobacco control program to be funded at
CDC-recommended minimum levels.9
Tobacco Use in the United States
Approximately 19.8% of U.S. adults (43.4 million people) are current cigarette smokers.10
Prevalence of cigarette smoking is highest among American Indians/Alaska Natives (36.4%),
followed by African Americans (19.8%), whites (21.4%), Hispanics (13.3%), and Asians
Smoking and Tobacco Use :: Fact Sheet :: Fast Facts :: Office on Smoking...http://www.cdc.gov/tobacco/data_statistics/fact_sheets/fast_facts/index.htm
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[excluding Native Hawaiians and other Pacific Islanders](9.6%).10
In the United States, 20% of high school students are current cigarette smokers.11
Each day, about 1,100 persons younger than 18 years of age become regular smokers; that is,
they begin smoking on a daily basis.12
Among adult smokers, 70% report that they want to quit completely,13 and more than 40% try
to quit each year.9
References
World Health Organization. WHO Report on the Global Tobacco Epidemic, 2008
(http://www.who.int/tobacco/mpower/en/) (http://www.cdc.gov/Other/disclaimer.html) .
Geneva: World Health Organization; 2008 [accessed 2009 Mar 31].
1.
Centers for Disease Control and Prevention. Annual Smoking-Attributable Mortality,
Years of Potential Life Lost, and Productivity Losses—United States, 1995–1999
(http://www.cdc.gov/mmwr/preview/mmwrhtml/mm5114a2.htm) . Morbidity and
Mortality Weekly Report [serial online]. 2002;51(14):300–303 [accessed 2009 Mar 31].
2.
Centers for Disease Control and Prevention. Smoking-Attributable Mortality, Years of
Potential Life Lost, and Productivity Losses—United States, 2000–2004
(http://www.cdc.gov/mmwr/preview/mmwrhtml/mm5745a3.htm) . Morbidity and
Mortality Weekly Report [serial online]. 2008;57(45):1226–1228 [accessed 2009 Mar 31].
3.
Centers for Disease Control and Prevention. Cigarette Smoking-Attributable Morbidity
—United States, 2000 (http://www.cdc.gov/mmwr/preview/mmwrhtml
/mm5235a4.htm) . Morbidity and Mortality Weekly Report [serial online]. 2003;52(35)
[accessed 2009 Mar 31].
4.
Nusselder WJ, Looman CWN, Marang-van de Mheen PJ, van de Mheen H, Mackenbachet JP.
Smoking and the Compression of Morbidity. Journal of Epidemiology and Community
Health. 2000;54:566–74.
5.
Behan DF, Eriksen MP, Lin Y. Economic Effects of Environmental Tobacco Smoke
Report (http://www.soa.org/research/life/research-economic-effect.aspx)
(http://www.cdc.gov/Other/disclaimer.html) [paper on the Internet]. Schaumburg, IL: Society of
Actuaries; 2005 [accessed 2009 Mar 31].
6.
Federal Trade Commission. Cigarette Report for 2004 and 2005 (http://www.ftc.gov
/reports/tobacco/2007cigarette2004-2005.pdf) (http://www.cdc.gov/Other
/disclaimer.html) (PDF–880 KB). Washington, DC: Federal Trade Commission; 2007
[accessed 2009 Mar 31].
7.
Campaign for Tobacco Free Kids. A Broken Promise to Our Children: The 1998 State
Tobacco Settlement Nine Years Later (http://tobaccofreekids.org/reports/settlements
/2008/fullreport.pdf) (http://www.cdc.gov/Other/disclaimer.html) (PDF–1.82 MB).
Washington, DC: Campaign for Tobacco Free Kids; 2007 [updated 2007 Dec 12; accessed 2009
Mar 31].
8.
Centers for Disease Control and Prevention. Best Practices for Comprehensive Tobacco
Control Programs—2007 (/tobacco/stateandcommunity/best_practices/index.htm) .
Atlanta: U.S. Department of Health and Human Services, Centers for Disease Control and
Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on
Smoking and Health; October 2007. [accessed 2009 Mar 31].
9.
Centers for Disease Control and Prevention. Cigarette Smoking Among Adults—United
States, 2007 (http://www.cdc.gov/mmwr/preview/mmwrhtml/mm5745a2.htm) .
Morbidity and Mortality Weekly Report [serial online]. 2008;57(45):1221–1226 [accessed 2009
Mar 31].
10.
Centers for Disease Control and Prevention. Cigarette Use Among High School Students11.
Smoking and Tobacco Use :: Fact Sheet :: Fast Facts :: Office on Smoking...http://www.cdc.gov/tobacco/data_statistics/fact_sheets/fast_facts/index.htm
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Page last reviewed: May 29, 2009
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Page 1 of 3
SARATOGA CITY COUNCIL
MEETING DATE: July 15, 2009 AGENDA ITEM:
DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Barbara Powell DIRECTOR:
Assistant City Manager
SUBJECT: Proposed Membership in Bay Area Climate Collaborative/Signatory to Bay Area
Climate Change Compact
RECOMMENDED ACTION:
Accept report and adopt Resolution authorizing the City of Saratoga to become a member of the
Bay Area Climate Collaborative (BACC) and authorizing the Mayor to become a signatory of the
Bay Area Climate Change Compact.
BACKGROUND:
The BACC is a partnership of the Cities of Oakland, San Francisco, and San Jose, the Bay Area
Council, Joint Venture Silicon Valley, the Environmental Defense Fund, and the Silicon Valley
Leadership Group, in cooperation with the:
§ Association of Bay Area Governments
§ Bay Area Air Quality Management District
§ Bay Conservation and Development Commission
§ Metropolitan Transportation Commission; and
§ California League of Conservation Voters.
As noted on the attached “Bay Area Climate Change Charter” (Attachment “A”) the purpose of
the BACC is to “. . .(bring) together leaders from government, the business community, academia,
and not-for-profit advocacy groups to address the challenge of climate change across the region
to best meet these challenges and sustain our quality of life”.
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Page 2 of 3
The BACC has prepared a “Bay Area Climate Change Compact (Attachment “B”), which
identifies ten Action Area Goals to guide steps aimed at reducing the region’s greenhouse gas
emissions. The BACC is requesting that municipalities, business groups, regional agencies,
environmental organizations and educational institutions become members of the BACC, and
become signatories to the Bay Area Climate Change Compact. The attached Resolution,
(Attachment “C”) if adopted by the City Council, would authorize the Mayor to undertake these
actions.
FISCAL IMPACTS:
There are no immediate fiscal impacts associated with membership in the BACC, nor in becoming
a signatory to the Bay Area Climate Change Compact. Staff would need to determine the
financial impacts associated with undertaking specific projects or programs identified by the
Compact.
CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS:
The City of Saratoga would not become a member of BACC, nor would the City become a
signatory to the Bay Area Climate Change Compact.
ALTERNATIVE ACTION(S):
N/A
FOLLOW UP ACTION(S):
Implement Council direction.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENTS:
Attachment “A” - Bay Area Climate Change Charter
Attachment “B” – Bay Area Climate Change Compact
Attachment “C” - Resolution
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Global Challenge | Regional Response
Bay Area Climate Change Charter
Preamble
The most wide-ranging and profound environmental challenge facing humanity is climate change.
Fossil fuel consumption and related greenhouse gas emissions are putting our ecosystem under
great strain. Furthermore, our homeland security and economic stability are threatened by our
reliance on unpredictable supplies of hydrocarbon fuels from unstable governments.
The Bay Area faces a variety of unique challenges in taking action to address global warming.
Beyond individual organizational goals, there is a profound need for coordinated action to reduce
our greenhouse gas emissions by transforming our economy from one based on coal, oil, and gas
to one that runs on clean, renewable energy at the local, State and Federal levels. The Bay Area
Climate Change Collaborative recognizes the need for immediate, coordinated and visionary
action to reduce greenhouse gas emissions and speed progress toward a sustainable society that is
resilient to the effects of climate change.
Purpose
No one agency, company or organization’s actions alone can effectively address the challenge of
climate change. We recognize the profound need for cross-sector, regional collaboration to
promote energy efficiency, renewable energy, and other best practices at the regional, State and
Federal levels to address the challenge of climate change. The Bay Area Climate Change
Collaborative brings together leaders from government, the business community, academia, and
not-for-profit advocacy groups to address the challenge of climate change across the region to best
meet these challenges and sustain our quality of life.
VISION
Our vision is to enable a healthy, safe and globally competitive Bay Area through collaborative
action on climate change. Our coordinated efforts will be a model for regional action in
California, the nation, and the world.
Member Benefits
Through collaborative efforts, members can expect to see the following benefits:
· Improved fiscal resource use and staffing allocation reducing duplicative efforts on
climate change program development;
· Economies of scale with the development of Bay Area wide educational, marketing, and
community information tools, and green procurement and staff training opportunities;
· Improved access to climate change and related federal grants, public-private financing
opportunities and future carbon revenues;
· Improved information and data collection and sharing and knowledge exchange of best
practices among all members;
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Final Draft 2
· Promotion of pilot projects and encouragement by the collaborative to expand projects
across the Bay Area where appropriate and feasible;
· Selection and development of community and countywide regional sustainability
indicators to measure our progress toward meeting our collective targets and goals
Collaborative Objectives1
· Guide and develop, by joint example, actions that reduce the region’s greenhouse gas
emissions, and increase the region’s resiliency to the impacts of climate change2
· Proactively create cross-sector, cross-jurisdictional and public-private partnerships across
the region in support of implementation of the Bay Area Climate Change Compact
· Work together to leverage local, state and federal resources to implement the Bay Area
Climate Change Compact
· Share information and best practices on climate change mitigation and adaptation
Organization Name:
Signed By: Title:
Signature:
Date: / /
1 Signing on to this Charter does not supersede any powers vested to the signatory.
2 Action area goals and targets are timelines are defined in the attached Bay Area Climate Compact.
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1
Global Challenge | Regional Response
Bay Area Climate Change Compact
PREAMBLE
We, as signatories of this Bay Area Climate Change Compact, recognize the need for immediate,
coordinated and visionary action on greenhouse gas reductions and progress toward a sustainable
society that is resilient to climate change. Further, we:
• Fully support the state of California’s climate change goals set forth in the AB 32 Global
Warming Solutions Act and Executive Order # S-3-05 (2000 levels by 2010, 1990 levels by
2020, 80% below 1990 by 2050);
• Have each established our respective municipal, agency, and organizational goals and
programs;
• Recognize that the challenges we face are regional in nature and can best be addressed in
partnership;
• Will strive to enable and expand the environmental, economic, and equity benefits of climate
action;
• Will commit leadership resources to work together in order to realize our shared vision.
PURPOSE
We are committed to creating a public-private identity that best serves our region and all of its
municipalities, institutions, and communities in helping to meet the state of California’s goals for
reducing greenhouse gas emissions. We are also dedicated to helping Bay Area communities
prepare for and adapt to the impacts of climate change.
VISION
Our vision is to enable a healthy, safe and globally competitive Bay Area through collaborative action
on climate change. Our coordinated efforts will be a model for regional action in California, the
nation, and the world.
LEADERSHIP CALL TO ACTION
We will promote our vision through various channels of action, including public policy, education,
market shifts and behavioral change. Our approach will evolve over time. We challenge the region to
join us in our efforts.
We will work together to advance:
· A sustainable built environment, encompassing buildings, public spaces, waste reduction
and resilience to climate change, including sea level rise;
· Models of planning and development that reduce the region’s carbon footprint;
· Economic opportunity and innovation that makes possible green jobs, provides workforce
training and education, and enables cutting-edge research and development;
· Renewable energy choices that decrease reliance on carbon-intensive fuels;
· Transportation and commuting choices that improve our quality of life;
· Constructive legislation at the local, state, and federal level; and
· Increase the volume of waste products diverted from landfills.
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To accelerate results, and best serve the region, we will seek to:
· Advance models for use by the broader regional community on effective local actions
being taken to reduce GHG emissions;
· Help to identify and disseminate emerging best practices for each sector: public,
private, and civil society;
· Accelerate adoption of solutions by scaling up successful programs across the region;
· Where advantageous, leverage selected green resources (e.g. solar inspectors,
community college green collar programs), in order to maximize limited resources and
speed progress;
· Harmonize standards for more effective dissemination and action across the region,
and;
· Monitor and track progress in reducing emissions and increasing resiliency.
ACTION AREA GOALS
Our public-private partnership will initially focus on the three largest Bay Area cities to guide
and develop, by joint example, actions that reduce the region’s greenhouse gas emissions,
and increase the region’s resiliency to the impacts of climate change. Action area goals and
aggregate targets for the three cities, working in cooperation with the partners to this Compact
include:
1. Establish an example reference standard for “baseline” green building and rooftop solar
practices by the end of 2010;
2. Incentivize and encourage transportation mode-shifts, such as networked work locations,
bicycling and public transit, to reduce 2008 baseline gasoline consumption 3% by the end
of 2013, and 8% by the end of 2018;
3. From a 2008 baseline, increase by 30% the use of renewable sources for electrical energy
by the end of 2013 and by 50% by the end of 2018;
4. Through conservation and energy efficiency, reduce electrical energy usage in buildings
from a 2008 baseline by an average of 10% by the end of 2013 and by 15% by the end of
2018;
5. Increase the available blue and white collar “clean and green workforce” course/trainings
by the end of 2013 and help place 20,000 trainees and graduates in the labor force by the
end of 2013;
6. From a 2008 baseline, decrease community water consumption by 15% by the end of
2013 and 20% by the end of 2018 and increase water recycling rates by 10% by the end
of 2013 and 15% by the end of 2018;
7. Develop and adopt municipal and organizational climate adaptation plans by the end of
2013 to increase resiliency to the impacts of climate change;
8. Implement a common, ongoing region-wide public information campaign by the end of
2010, to reduce greenhouse gas emissions and increase community resiliency;
9. Increase solid waste diversion from landfills to 75% by the end of 2013, and achieve zero
waste by the end of 2020;
10. Increase the number of zero emission and other advanced ultra-low emission light duty
vehicles to 10% of municipal fleets by the end of 2013, and to 25% by the end of 2018.
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234
RESOLUTION NO._______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
TO BECOME A MEMBER OF THE BAY AREA CLIMATE COLLABORATIVE AND
AUTHORIZING THE MAYOR TO BECOME A SIGNATORY OF THE BAY AREA
CLIMATE CHANGE COMPACT
WHEREAS, the State of California has established climate change goals set forth in AB
32, the Global Warming Solutions Act; and
WHEREAS, the City of Saratoga recognizes the need for immediate, coordinated and
visionary action to reduce greenhouse gasses to meet the State mandated goals; and
WHEREAS, the City of Saratoga will establish organizational greenhouse gas reduction
goals and programs; and
WHEREAS, the City of Saratoga understands the challenges of global warming are
regional in nature and can be best addressed in partnership with other agencies and private
entities; and
WHEREAS, the Bay Area Climate Collaborative is a public-private partnership of
municipalities, business groups, regional agencies, environmental organizations, educational
institutions; and
WHEREAS, the Bay Area Climate Collaborative is dedicated to achieving 10 climate
change goals to effectively address the challenge of climate change and sustain our quality of
life, as defined in the Bay Area Climate Change Compact, attached hereto as Exhibit A.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga
hereby affirms and resolves to:
(1) Join the Bay Area Climate Collaborative;
(2) Authorize the Mayor to become a signatory of the Bay Area Climate Change Compact
Charter attached hereto as Exhibit B; and
(3) Agrees to commit leadership resources as needed to work together to meet the 10 action
area goals identified in the Compact.
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Final Draft 2
Global Challenge | Regional Response
Bay Area Climate Change Charter
The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga
City Council held on the 15th day of July 2009 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Chuck Page, Mayor
ATTEST:
_____________________________
Ann Sullivan, City Clerk
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Final Draft 3
Global Challenge | Regional Response
Bay Area Climate Change Charter
Exhibit “A”
Bay Area Climate Change Compact Charter
Preamble
The most wide-ranging and profound environmental challenge facing humanity is climate
change. Fossil fuel consumption and related greenhouse gas emissions are putting our
ecosystem under great strain. Furthermore, our homeland security and economic stability
are threatened by our reliance on unpredictable supplies of hydrocarbon fuels from
unstable governments.
The Bay Area faces a variety of unique challenges in taking action to address global
warming. Beyond individual organizational goals, there is a profound need for coordinated
action to reduce our greenhouse gas emissions by transforming our economy from one
based on coal, oil, and gas to one that runs on clean, renewable energy at the local, State and
Federal levels. The Bay Area Climate Change Collaborative recognizes the need for
immediate, coordinated and visionary action to reduce greenhouse gas emissions and
speed progress toward a sustainable society that is resilient to the effects of climate change.
Purpose
No one agency, company or organization’s actions alone can effectively address the
challenge of climate change. We recognize the profound need for cross-sector, regional
collaboration to promote energy efficiency, renewable energy, and other best practices at
the regional, State and Federal levels to address the challenge of climate change. The Bay
Area Climate Change Collaborative brings together leaders from government, the business
community, academia, and not-for-profit advocacy groups to address the challenge of
climate change across the region to best meet these challenges and sustain our quality of
life.
VISION
Our vision is to enable a healthy, safe and globally competitive Bay Area through
collaborative action on climate change. Our coordinated efforts will be a model for regional
action in California, the nation, and the world.
Member Benefits
Through collaborative efforts, members can expect to see the following benefits:
· Improved fiscal resource use and staffing allocation reducing duplicative efforts on
climate change program development;
237
Final Draft 4
Global Challenge | Regional Response
Bay Area Climate Change Charter
· Economies of scale with the development of Bay Area wide educational, marketing,
and community information tools, and green procurement and staff training
opportunities;
· Improved access to climate change and related federal grants, public-private
financing opportunities and future carbon revenues;
· Improved information and data collection and sharing and knowledge exchange of
best practices among all members;
· Promotion of pilot projects and encouragement by the collaborative to expand
projects across the Bay Area where appropriate and feasible;
· Selection and development of community and countywide regional sustainability
indicators to measure our progress toward meeting our collective targets and goals
Collaborative Objectives1
· Guide and develop, by joint example, actions that reduce the region’s greenhouse
gas emissions, and increase the region’s resiliency to the impacts of climate change2
· Proactively create cross-sector, cross-jurisdictional and public-private partnerships
across the region in support of implementation of the Bay Area Climate Change
Compact
· Work together to leverage local, state and federal resources to implement the Bay
Area Climate Change Compact
· Share information and best practices on climate change mitigation and adaptation
Organization Name:
Signed By: Title:
Signature:
Date: / /
1 Signing on to this Charter does not supersede any powers vested to the signatory.
2 Action area goals and targets are timelines are defined in the attached Bay Area Climate Compact.
238
1
SARATOGA CITY COUNCIL
MEETING DATE: July 15, 2009 AGENDA ITEM:
DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Jim Yoke DIRECTOR: Dave Anderson
SUBJECT: Saratoga Emergency Operations Plan (EOP)
RECOMMENDED ACTION:
Approve the new City of Saratoga Emergency Operations Plan (EOP)
REPORT SUMMARY:
The new plan describes how the City prepares for, will respond, and recover from major disasters.
It brings the City up to date with regards to current staffing duties, partner agency arrangements,
facility arrangements, communications methods, and disaster related resources (both materiel and
personnel). It is compliant with standards required by both the California Standardized Emergency
Management System (SEMS) and the National Incident Management System (NIMS).
FISCAL IMPACTS:
None
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
The City will be guided by an out of date and non-compliant EOP.
ALTERNATIVE ACTION:
FOLLOW UP ACTION:
The EOP will require annual updates and revisions, to be authorized by the City Council.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Posting of the agenda.
ATTACHMENTS:
The proposed Saratoga Emergency Operations Plan (EOP)
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1
City of Saratoga
Emergency
Operations
Plan
July 2009
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2
City of Saratoga Emergency Operations Plan
Table of Contents
I. Introduction………………………………………………………5
A. Philosophy……………………………………………………5
B. Purpose……………………………………………………….5
C. Plan Structure………………………………………………...6
D. Plan Maintenance…………………………………………….6
E. Promulgation, Approvals and References……………………6
1. City Council Resolution
2. Relevant City Municipal Codes
3. State Laws – SEMS
4. Federal Laws and Mandates – NIMS
5. References
F. Agency Responsibilities………………………………………7
G. Distribution……………………………………………………8
II. Hazard Analysis - Likelihood of Occurrence Chart………………9
A. Aviation Disaster
B. Civil Disturbance
C. Earthquake
D. Extreme Weather/Storm, Floods, Landslide
E. HAZMAT
F. Heat Wave
G. Public Health Emergency
H. Terrorism
I. Wildfire/Forest Fire
III. Prevention/Mitigation…………………………………………….12
A. Local Hazard Mitigation Plan………………………………...12
B. Hazard Specific Actions………………………………………12
1. Earthquake
2. Wildfire
3. Flood
4. Heat Wave
5. Public Health Hazards
6. Hazardous Materials
7. Terrorism/Weapons of Mass Destruction
IV. Preparedness………………………………………………………13
A. City Emergency Organization……………………………….13
1. Municipal Leadership
2. Director of Emergency Services
3. City Organization
a. Field personnel
b. EOC personnel
c. DSW Status
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3
B. Santa Clara County Role………………………………….……..14
C. Statewide Emergency Management………………………….….15
D. Relationships With Federal Agencies…………………………...15
E. City of Saratoga General Plan, Safety Element…………….…...15
F. Related Plans……………………………………………………15
G. Training…………………………………………………………16
H. Cross Jurisdictional Preparedness Actions……………………..16
1. Schools
2. Faith Based Organizations
3. Licensed Residential Facilities
4. Chamber of Commerce
5. Utilities
I. Preparing the Public…………………………………………….16
1. American Red Cross
2. Saratoga CERT
3. Santa Clara County Fire Department
J. Vital Records Protection………………………………………..17
V. Response……………………………………………………………18
A. EOP and/or EOC Activation and Notification
B. Levels of Emergency
C. Notification……………………………………………………..18
1. Earthquake 6.5 and above
2. All other disasters
D. Field Incident Command………………………………………..19
E. Roles and Responsibilities – See EOC Position Guides/Checklists in the
Appendices………………………………………………………19
F. Lines of Succession………………………………………………19
G. Alternate Seat of Government……………………………………19
H. Santa Clara County Operational Area…………………………….20
I. Multi/Inter-Agency Coordination (MACS)……………….…….20
J. Mutual Aid………………………………………………….……20
K. Special Districts……………………………………………………20
1. Schools
2. Utilities
L. Operations Centers………………………………………………….20
1. Emergency Operations Center (EOC)
a. Purpose and Functions
b. Representation
2. Backup Locations
VI. Recovery………………………………………………………………...21
A. Concept of Operations
1. Short Term…………………………………………………21
a. Electric Power
b. Communications
c. Water & Sewer
d. High Impact Areas
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4
e. Vulnerable Populations
f. Schools
g. Hospitals
h. Economic & Social Systems
2. Long Term………………………………………………….21
a. Development of Recovery Teams
b. Long Term Recovery Committee Formation
c. Hazard Mitigation
d. Economic Resource Stabilization
e. Plan Updates
f. Post-Event Assessments
B. SEMS Recovery Organization………………………………………..22
1. Management Section
2. Operations Section
3. Planning Section
4. Logistics Section
5. Finance Section
C. Damage Assessment………………………………………….24
D. Disaster Assistance……………………………………………27
E. Disaster Field Office…………………………………………..29
F. Mitigation……………………………………………………...30
VII. Appendices
A. EOC Position Guides/Checklists……………………………………….31
B. EOC Staffing Positions………………………………………………….88
C. Santa Clara Operational Area EOC List…………………………………90
D. Earthquake Maps………………………………………...........................92
E. NIMS Resolution………………………………………………………96
F. Shelter Locations……………………………………………………….98
G. Drill/Exercise Record……………………………………………………99
H. Plan Revision Log…………………………………………………….100
I. External Resources…………………………………………………….101
J. Letter of Promulgation…………………………………………………108
K. Authorities and References……………………………………………..109
L. Critical Hazardous Materials Locations………………………………113
M. Media Contacts…………………………………………………………114
N. Volunteer Management…………………………………………………116
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I. INTRODUCTION
A. Philosophy
Emergency planning is not about the document. It is about the relationships, roles, and
responsibilities that people assume in any given social and/or jurisdictional grouping, in
an organized fashion, to effectively anticipate, prevent, mitigate, prepare, respond, and
recover from emergencies. The document that you are reading is the product of many
hours of work that individuals have invested in order to make the City of Saratoga safer
and better prepared for all contingencies.
Emergency planning never ends. Nobody is ever prepared – everybody is always in the
process of preparing. This does not mean that the level of preparedness cannot be high, or
that people can never feel confident about their ability to respond to disasters. It means
that there will always be work to do. It means that emergency planning should always be
thought of as a work in progress. No emergency planner can ever experience the day
when all work is complete and there is nothing more to do. With this in mind, it is crucial
to realize that complacency is potentially deadly. Disasters and emergencies will happen
and all City personnel must be prepared to deal with them. It is not a question of whether
an emergency will happen in Saratoga. It is a question of when it will happen.
B. Purpose
There are several purposes of this emergency plan:
1. To create a framework for Saratoga response personnel that will make the
continual planning process both very clear and relatively easy.
2. To identify the hazards that exists in Saratoga.
3. To enhance the development of Local Hazard Mitigation Planning on an ongoing
basis.
4. To address the needs of all people located in Saratoga when a disaster happens.
5. To support collaborative efforts with not only municipal staff, but external
partners as well such as fire services, law enforcement, utilities, community
groups, volunteers, and the American Red Cross. This concept serves to enhance
not only response and recovery activities, but also municipal preparedness and
community education.
6. To outline clearly the strengths and weaknesses of the municipality in its
preparedness activities. This plan will help City leadership see where training is
needed, and where needs exist for other preparedness activities.
7. This plan will guide the City through an effective and skillful response to any
emergency. The Response Section is useful both in relation to the other sections
of the plan and as a separate document unto itself. As part of the larger document
it provides continuity between the Preparedness and Recovery Sections, and must
be kept up to date in concert with those sections. It will also be useful and
necessary to an Incident Commander during an emergency, who will be able to
refer to it at an Incident Command Post and direct response efforts with it.
8. To aid the recovery process of a disaster.
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C. Plan Structure
All emergency plans in the United States of America must be compliant with the National
Incident Management System (NIMS), and all emergency plans in the state of California
must be compliant with the Standardized Emergency Management System (SEMS).
NIMS and SEMS compliance is addressed both in the introduction and in the appendices.
The plan follows the following format:
I. Introduction
II. Hazard Assessment
III. Prevention/Mitigation
IV. Preparedness
V. Response
VI. Recovery
VII. Appendices
Also, the Response and Recovery sections are based directly on the Incident Command
System.
D. Plan Maintenance
Plans must be reviewed and revised frequently by the City’s Emergency Services
Coordinator. New legal requirements are enacted, personnel changes, new concepts in
training are created, and refresher training becomes necessary.
At a minimum, this plan will be updated annually, with revisions recorded on the
appropriate form in the Appendices. The City Manager and/or designee will review all
updates, and a revised plan will be brought before the City Council annually for approval.
E. Promulgation, Approvals, and References
1. City Council resolution approving this plan
2. City Municipal Code, Chapter 6
3. State laws
a. California Emergency Services Act, Chapter 7 of Division 1 of Title 2
of the Government Code
b. California Code of Regulations Title 19, Chapter 2, Subchapter 3,
§2620 et seq.
c. Standardized Emergency Management System (SEMS) Regulations,
Chapter 1 of Division 2 of Title 21 of the California Code of
Regulations (CCR)
d. California Government Code §8607 (a)
4. Federal laws and mandates
a. Federal Disaster Relief Act of 1974 (PL 93-288)
b. Federal Civil Defense Act of 1950 (PL 920)
c. Public Law 84-99
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d. Homeland Security Presidential Directives 5 & 8
e. National Incident Management System (NIMS) at the NIMS
Integration Center, http://www.fema.gov/emergency/nims/
5. References
a. National Response Framework, http://www.fema.gov/emergency/nrf/
b. NFPA 1600, http://www.nfpa.org/assets/files/pdf/nfpa1600.pdf
c. Emergency Management Accreditation Program,
http://www.emaponline.org/
d. US Department of Homeland Security National Preparedness Goal,
Universal Task Lists, & Target Capabilities Lists,
http://www.ojp.usdoj.gov/odp/assessments/hspd8.htm
e. Homeland Security Exercise & Evaluation Program,
https://hseep.dhs.gov/pages/1001_HSEEP7.aspx
f. A Guide To Federal Aid & Disasters,
http://www.fema.gov/assistance/process/guide.shtm,
http://murray.senate.gov/preparedness/feddisasterhelp-2007.pdf
g. California Constitution
h. California Master Mutual Aid Plan,
http://www.oes.ca.gov/Operational/OESHome.nsf/PDF/California%20
Master%20Mutual%20Aid%20Agreement/$file/CAMasterMutAid.pdf
i. California Emergency Plan,
http://www.oes.ca.gov/Operational/OESHome.nsf/PDF/California%20
Emergency%20Plan/$file/CEP-05.pdf
j. A Guide To Establishing Local Assistance Centers,
http://www.oes.ca.gov/Operational/OESHome.nsf/PDF/A%20Guide%
20for%20Establishing%20a%20Local%20Assistance%20Center/$file/
LACguide.pdf
F. Agency Responsibilities During Disaster
1. City of Saratoga – The City will decide when this plan and the Emergency
Operations Center (EOC) will be activated, coordinate volunteer response
efforts, deploy personnel and resources to address disaster caused needs, issue
declarations of disaster when needed, and coordinate response and recovery
efforts with the County EOC.
2. Santa Clara County Fire Department – The Fire Department is responsible for
firefighting, rescue, medical response, and hazardous materials (HAZMAT)
response. During incidents in which these capabilities are the primary
objectives the Fire Department will act as Incident Command either solely or
in a Unified Command as appropriate.
3. Saratoga Public Works – Public Works has the equipment and the trained
personnel to clear debris, transport supplies and heavy materials, and interact
professionally with utilities, water, and sewer contract agencies. It will act as
the City’s Incident Command when dealing with infrastructure damage to the
City, either solely or in a Unified Command as is appropriate.
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4. Santa Clara County Sheriff’s Office – The Sheriff’s Office is responsible for
the maintenance of law and order during emergencies, search and rescue
operations, City facility security, and the evacuations of residents as needed.
During incidents focused on criminal matters the Sheriff’s Office will act as
Incident Command either solely or in a Unified Command as appropriate.
5. Santa Clara County – Santa Clara County is responsible for the support of the
municipalities in the county, the coordination of resources countywide, and as
the coordinating agency for the Santa Clara County Operational Area
communicates with the State of California regarding disasters in this county.
6. American Red Cross – The American Red Cross establishes facility
agreements with schools, churches, recreation halls and the like in order to
take in evacuees and provide mass care feeding and sheltering. It also
provides casework services for those who have suffered losses, and physical
and mental health services for the victims of disasters.
7. School Districts – The schools are responsible for the custodial care of
students on school property during school hours when disaster strikes. They
must be prepared to house and feed students for up to three days in order to
release them to their parents as the parents arrive. High schools in particular
are frequently the locations of Red Cross shelters.
8. West Valley College – The College is responsible for the safety of all people
located on its property during a disaster, and within reasonable limits (shelter,
food and water, etc.) will provide for the needs of those people who by choice
or necessity remain on campus after an incident has happened. The College
and the City are major partners in disaster planning, collaborating on logistical
needs, facilities, communications, staging areas for response personnel,
equipment, and more.
G. Distribution – City of Saratoga Department Heads
Santa Clara County Fire Department
Santa Clara County Sheriff’s Office
American Red Cross, Silicon Valley Chapter
Saratoga Amateur Radio Association
Saratoga CERT
West Valley College
Saratoga Mayor & City Council Members
Saratoga Union Elementary School District
Los Gatos-Saratoga Union High School District
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II. Hazard Analysis
Hazard Analysis Likelihood of Occurrence Chart
Likelihood Severity
Hazard Infrequent Sometimes Frequent Low Moderate High
Aviation Disaster X X X X
Civil Disturbance X X
Earthquake M<5 X X
Earthquake M>5 X X X
Extreme
Weather/Storm
X X X
Floods X X X
Landslides X X X
HAZMAT X X
Heat Wave X X X X
Public Health
Emergency
X X X X
Terrorism X X X X
Transportation –
Highway
X X
Wildfire/Forest Fire X X
A. Aviation Disaster
Commercial aircraft approaching the San Jose International Airport do fly over
Saratoga occasionally, and are still fairly high, thus mitigating their risk.
B. Civil Disturbance
Socially and historically Saratoga is not a community that lends itself to civil
unrest, hence this risk is low.
C. Earthquake
Saratoga is particularly prone to earthquakes and the risk is high. The City is
surrounded by active fault lines: San Andreas to the south and west, Hayward and
Calaveras to the north and east, and Monte Vista to the west. According to the
Branched States Geological Survey the Hayward Fault is of particular concern, as
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it has a history of 7.0> earthquakes on an approximately 140 year cycle, the most
recent of which was in 1868.
Note: the five earthquake maps in Appendix A, which all show in major
earthquakes on the different fault lines, significant shaking in Saratoga. It is safe
to say that any major earthquake in the Santa Clara County area (including
Saratoga) will cause many injuries, loss of life, residential and commercial
structural damage, and infrastructure damage to bridges, roads, utilities, and
communications.
D. Extreme Weather/Storm, Floods, Landslides
Because Saratoga is at the base of the Santa Cruz Mountains water flows rapidly
through the City’s creeks and streams during times of heavy rain. However, wind
damage from heavy storms typically causes more damage than flooding in
Saratoga because of the many trees and tree branches that fall down on structures
and power lines, while storm water generally drains away effectively.
E. HAZMAT
There are few businesses in Saratoga that manufacture products that pose a
hazardous materials risk, and with frequent inspections and compliance the risk is
considered low. The majority of this activity happens at West Valley College.
F. Heat Wave
The summer heat in Santa Clara County does reach levels that qualify for Heat
Warnings from the National Weather Service on occasion, and Saratoga is
commonly amongst the hottest locations in the County during a heat wave. When
the heat reaches oppressive levels, the unprepared who are without cooling
systems in their homes and for those working outdoors, heat exhaustion and heat
stroke are real possibilities.
G. Public Health Emergency
Saratoga is at neither greater nor lesser risk from a public health emergency than
most other communities, hence the unpredictability of this risk. Occasional
outbreaks of seasonal cold and flu do occur, while all are at risk from serious
threats such as pandemic flu.
H. Terrorism
Although not considered a terrorist target in the category of cities like New York
or Washington D.C., Saratoga shares the risks of the general public from
indiscriminate threats such as cyberterrorism, agroterrorism, and biological
warfare.
I. Transportation – Highway
Risks from the presence of a heavily travelled highway do exist in Saratoga
because of Highway 85 which bisects the City, but not as much as would
normally be the case. Commercial traffic is restricted on this highway in that no
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tractor semi trucks over 4.5 tons are allowed which mitigates most traffic that
would contain any hazardous materials, such as heavy tanker trucks.
J. Wildfire/Forest Fire
The wildfire risk in Saratoga and in the Santa Cruz Mountains above it to the west
is seasonal in nature. Because of the types of vegetation and typically high
moisture content this risk is usually small. However, there are brief occasions
each year when winds blowing east to west dry out the hillsides and cause
wildfire concerns. The 2008 Summit Fire near Loma Prieta, the Stevens Canyon
Fire in 2007, the 1985 Lexington Fire in Los Gatos which burned 42 buildings
and 13,000 acres, and the 1997 Cats Fire that threatened downtown Los Gatos are
examples of fires that do threaten the area.
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III. Prevention & Mitigation
A. Local Hazard Mitigation Plan – Saratoga has an approved LHMP which is under
revision with the Association of Bay Area Governments, which will also
influence the City’s General Plan Safety Element
B. Hazard Specific Actions
1. Earthquake
r Inspect all structures for non-structural hazards and mitigate them
r Provide Personal Emergency Preparedness training to City
employees and volunteer responders
r Continue community education efforts
2. Wildfire
r Promote approved messages about fire safety and vegetation
management in vulnerable areas
r Perform specific weed and brush abatement actions per City
Council resolution
3. Flood
r Regularly inspect storm drains and keep clean
4. Heat Wave
r Supervisors of City employees must ensure that employees receive
sufficient breaks and water if working outdoors
r Cooling centers are promoted to the public
5. Public Health Hazards
r During outbreaks of contagious disease follow directions from the
County Public Health Department
r Encourage social distancing and proper hygiene
r Ill employees must be sent home or to medical care
r Increase the availability of public education campaigns
r Encourage school surveillance processes
6. Hazardous Materials
r Encourage familiarity with MSDS binders in the workplace
r Train staff to store, use, and dispose of hazardous materials
properly
r Promote safe disposal of hazardous materials in the community
r Promote education in large population buildings, shopping centers
and schools regarding the Shelter in Place protocol for hazardous
materials emergencies
7. Terrorism
r Train staff to recognize suspicious packages and/or boxes,
particularly those who process the mail.
r Train residents to be aware of the surroundings and to be willing to
report suspicious activity to the Sheriff’s Office
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IV. Preparedness
A. City Emergency Organization
1. Municipal Leadership – Municipal Code provides for a Disaster Council
to make recommendations to the City Council regarding issues of
preparedness including approval of plans, mutual aid agreements,
ordinances, resolutions, rules, and regulations. The Council is made up of
members of the City Council, is led by a Chairman and in case of the
absence or incapacitation of the Chairman shall be led by the Vice
Chairman. The Mayor shall serve as the Chairman and the Mayor Pro Tem
shall serve as the Vice Chairman. It is important to note that the Council
does not have a response role during times of disaster and that it acts
solely in an advisory capacity.
2. Director of Emergency Services – this position is filled by the City
Manager, who according to Municipal Code has the ability to make a
variety of decisions and take a variety of actions during an emergency on
behalf of the City in the absence of the City Council. The Assistant City
Manager exercises all of the same powers in the absence or incapacitation
of the City Manager. These powers include:
a. Request the City Council to issue a proclamation of a state of
local emergency
b. Issue such a proclamation in the absence of the Council
c. Request the Governor to issue a state of emergency
d. Develop emergency plans and manage emergency programs in
the City
e. Direct and control the emergency efforts of the City during a
disaster
f. Represent the City in all emergency related dealings, both public
and private
In the event of the proclamation of a local emergency, a proclamation of a
state of emergency by the governor or the director of the California
Emergency Management Agency, or the existence of a state of war
emergency, the Director of Emergency Services is empowered to:
g. Make and issue rules and regulations related to the protection of
life and property as affected by such an emergency. These must
be confirmed by the City Council as early as possible.
h. Obtain vital supplies and equipment as needed for the protection
of life and property and to bind the City for their fair value. If
required, to commandeer them for public use.
i. Command the aid of the City’s citizens, who shall be granted all
of the protections of State Disaster Service Workers.
j. Requisition necessary personnel or material of any City
department or agency.
k. Designate the orders of succession to his position, pending the
approval of the City Council.
3. City Organization
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a. Field Personnel
1. Santa Clara County Sheriff’s Office
2. Santa Clara County Fire Department
3. Public Works
4. RACES amateur radio volunteers
5. Community Emergency Response Team (CERT)
volunteers
6. Spontaneous volunteers, while under proper supervision
can be used in the field as well
b. EOC Personnel
1. All City employees are available to serve as needed in the
EOC and are trained to do so
2. Santa Clara County Sheriff’s Office
3. Santa Clara County Fire Department
4. RACES amateur radio volunteers
5. CERT volunteers
6. Agency representatives from external agencies
c. Disaster Service Worker (DSW) Status – In the State of
California all public employees are automatically classified as
DSWs upon hire. This obligates these employees to serve as
needed during a disaster when directed to do so. Furthermore,
volunteers including RACES, and CERT are DSWs also if
sworn. They can be activated as DSWs for both training and for
real incidents and when activated they are covered by workers
compensation coverage by the State. Spontaneous volunteers
must be sworn in before being deployed on any task so that they
will also receive worker’s compensation protection.
Spontaneous volunteers must be properly registered, trained,
and supervised.
d. The City’s Human Resources Department will manage the
activities of volunteers during a disaster, in particular the
spontaneous volunteers
B. Santa Clara County – In the event that this EOP and the City’s EOC are activated,
the County EOC will activate to support the City, particularly if the disaster is
regional in nature. However, even if the disaster is strictly local the County will
support Saratoga. The County can provide support with the following methods:
1. The County EOC can be activated partially, in its entirety, or at any level
in between as needed. This will provide the Saratoga EOC immediate
support with all emergency management needs, in particular with resource
requests.
2. The County Public Health Department can activate its Departmental
Operations Center and support the City in any public health crisis.
3. The Sheriff’s Office acts as the Area Law Coordinator and in that role
coordinates law enforcement mutual aid.
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4. The Santa Clara County Fire Department serves locally as the fire
department in Saratoga, and regionally as the area fire coordinator as well
which provides coordination of fire services mutual aid.
5. The County Coroner, organizationally placed within the Sheriff’s Office
will handle all issues with the deceased caused by a disaster.
6. The County Department of Mental Health will coordinate the mental
health/grief counseling needs of the population.
7. The Valley Transportation Authority (VTA) will organize post disaster
transportation services based on need, infrastructure, and resources
available.
8. The County EOC organizes mutual aid with law enforcement, fire
services, public works, emergency communications, and emergency
management, all of which are available as needed.
9. The County acts as the link between municipalities and the State of
California for all resource and mutual aid requests.
C. California Emergency Management – The State of California supports the City of
Saratoga through the Regional Emergency Operations Center (REOC) in Oakland
during a disaster, and through its State Operating Center (SOC) in Mather.
Contact with the State goes through the County Operational Area.
D. Relationships With Federal Agencies – Refer to the Federal Agencies table in the
appendices
E. City of Saratoga General Plan, Safety Element – This document is to be revised,
and will be in coordination with the development of a newly revised City Local
Hazard Mitigation Plan.
F. Related Plans – these are referenced in the Response Section, and also exist as
separate, stand alone documents. Included are:
1. Heat Wave Plan – This short document deals with the locations of Cooling
Centers and the Public Information Officer efforts needed to publicize
them.
2. Local Hazard Mitigation Plan – revision of this plan with the Association
of Bay Area Governments is underway.
3. Saratoga Community Emergency Response Team (CERT) Operations
Plan – this plan describes in detail how Saratoga CERT will function
before and during a disaster. This includes CERTs participation in a
disaster response, participation at the City EOC, and in the neighborhoods.
Public Health Disaster Plan – this is under development with the County
Office of Emergency Services and the County Public Health Department.
4. Saratoga CERT Communications Plan – this documents how
communications citywide will be handled during a response with special
emphasis on the CERT organization.
5. Points of Distribution (POD) Plan – PODs are needed to distribute mass
prophylaxis (medications) to the City in the wake of a biological warfare
attack. The agents that would most likely cause the activation of PODs are
anthrax, plague, small pox, and tularemia. In Saratoga PODs have been
established and planned at West Valley College and Prospect High
School.
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6. Terrorism/WMD Plan – this plan documents specific actions for the City
in the event of a biological, nuclear, incendiary, chemical, or explosive
incident caused by a terrorist. In all cases assistance and involvement from
County, State, and Federal agencies and personnel would be near
instantaneous and involve multiple jurisdictions.
7. Volunteer Management Plan – this plan details how the City will manage
its two organized volunteer groups (RACES and CERT), and more
importantly how it will manage spontaneous, unaffiliated volunteers
during a disaster
G. Training – Refer to the Training Log in the Appendices
H. Cross Jurisdictional Preparedness Actions
1. Schools – Emergency planning and training efforts with the Saratoga
Union School District, the Los Gatos-Saratoga Union High School
District, Blue Hills and McAuliffe Schools from the Cupertino Union
School District, Prospect High School, St. Andrews School, and Sacred
Heart School are active and continuous so that these entities will be
prepared and self sufficient during a disaster. They are all adopting ICS,
SEMS, and NIMS.
2. Faith Based Organizations – The Saratoga Ministerial Association is
working with Santa Clara County in the development of a Countywide
Donations Management Plan in which the Association will play a key role
in the West Valley region.
3. Licensed Residential Facilities – The Saratoga Retirement Community has
improved its emergency plans and has pursued CERT training for both
staff and independent living residents. Efforts are underway in the West
Valley area to produce MOUs between residential care facilities for the
transfer of residents during disaster evacuations from one facility to
another depending on availability and surge capacity.
4. Chamber of Commerce – The Chamber has been active in preparedness
activities such as CERT, and disseminates disaster preparedness
information to its members when needed. The Chamber will be a key City
partner after a major disaster, when recovery operations are emphasized.
5. Utilities – On-going preparedness activities with these essential partners is
critical to maintain over the long term.
I. Preparing the Public
1. American Red Cross – The ARC is active in the West Valley area, with
the West Valley Advisory Board a distinct and recognized section of the
larger Silicon Valley Chapter headquartered in San Jose. The ARC has an
active Community Disaster Education program that is highly compatible
with the two programs that follow.
2. Saratoga Community Emergency Response Team (CERT) –Members
of Saratoga CERT, a program managed by the City Manager’s Office,
conduct neighborhood surveys to identify residents with mobility issues in
a disaster, and will attempt to assist them in the event of such disaster.
3. Santa Clara County Fire Department – The Fire Department has an
extremely active Public Education Department that promotes fire safety as
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well as disaster preparedness to small groups in Saratoga year round, and
is particularly visible each October during Fire Prevention Month in
Saratoga’s elementary schools.
J. Vital Records Protection – All electronic data and records in the City’s computer
system are backed up continuously on tape, which protects the City’s vital records
such as contracts, payroll, and all financial records in time of disaster. As
technology improves, on-going efforts are being implemented to increase the
survivability of these tapes which are currently stored at City facilities. Back up
documentation would mitigate damage to these documents.
K. Wildland Urban Interface (WUI) – In collaboration with the Santa Clara County
Fire Department all areas to the west of Saratoga-Sunnyvale Road and south of
Highway 9 have been designated as a high fire hazard area. New construction in
these areas must comply with California Building Code Chapter 7A, which
requires higher standards of fire safe construction than is found elsewhere.
Examples of this include requirements on fire safe roofing, eaves, increased
defensible space, fire sprinklers, fire resistant exterior walls, and more. Because
of these requirements, the risk in this area declines over time, in spite of the fact
that the areas designated are considered overall to be a higher hazard.
L. Weed and Brush Abatement – In collaboration with the Santa Clara County Fire
Department and the County Agricultural Commissioner’s Office, Saratoga has an
effective weed and brush abatement program. Property owners with weed and
brush growth that causes a fire hazard are required to clear their weeds and brush
in accordance with resolutions passed by the City Council, or if non-compliant
have their weeds and brush cleared for them, with administrative fees and
penalties added, by the Agricultural Commissioners Office for them. This
ongoing program significantly lowers the wildfire risk to the City.
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V. Response
A. EOP and/or EOC Activation and Notification
1. On the order of the following:
a. City Manager
b. Assistant City Manager
c. Public Works Director
2. When the Governor has proclaimed a State Of Emergency in an area
including Saratoga.
3. Automatically on the proclamation of a State Of War Emergency as
defined in California Emergency Services Act (Chapter 7, Division 1,
Title 2, California Government Code).
4. A Presidential declaration of a National Emergency in an area including
Saratoga.
5. Automatically on receipt of an attack warning or actual attack on the
United States.
6. The EOP and the City EOC can be activated prior to and completely
without an emergency proclamation. Both the EOP and the EOC are
flexible instruments of disaster response that can be used only in the parts
needed for smaller responses, and can also be used to the fullest for major
responses. Generally, there are three considerations when deciding to
activate an EOP, and EOC, or both.
a. The ability of the City government to function
b. The ability of the people in the City to go about their daily lives
c. The status of infrastructure in the City including roads, electricity,
gas, bridges, water, sewage, etc.
B. Levels of Emergency
1. Level I – A minor to moderate incident characterized by adequate local
response capability and sufficient resources to favorably resolve the
situation. A local emergency may or may not be proclaimed.
2. Level II – A moderate to severe emergency characterized by a need for
Mutual Aid to ensure a favorable resolution of the situation. In most cases,
a Local Emergency will be proclaimed. A State Of Emergency may be
proclaimed by the Governor.
3. Level III – A major disaster, exemplified by depletion of resources and
Mutual Aid response capability area-wide, necessitating extensive
statewide and federal assistance. Generally, a Local Emergency and a
State Of Emergency will be proclaimed. A Presidential declaration may or
may not be proclaimed.
C. Notification – this will occur based on one of two scenarios; a disaster such as an
earthquake that requires no notification, and a disaster such as a hazardous
materials spill that might need a systematic notification process
1. Earthquakes 6.5 and above require an immediate activation of the EOP
and EOC. EOC staff are to report to the EOC immediately and City
employees are to report to their supervisor immediately. RACES
personnel are to report to the EOC immediately. CERT members are to
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check on their homes and families first, then their neighborhoods, and then
report to their staging areas. An earthquake of this size or bigger is
probably the only disaster in which the above personnel should respond
automatically without further notification.
2. In all other disasters, once the appropriate City leadership has decided to
activate the EOP and EOC, the Director of Emergency Services and/or his
designees will make the appropriate notifications to City EOC staff to
report to the EOC immediately. This includes EOC volunteers like
RACES and CERT.
3. Some notes on activation and notification: Chaos to one degree or another
is to be expected in the opening minutes and hours of a major disaster.
Crucial factors will be the time of day and the day of the week. Activations
that happen Monday through Friday during business hours will have the
advantage of most if not all City staff present, but will have the
disadvantage of many volunteers scattered across the Bay Area at their
places of employment. Activations during non-business hours and
weekends will have the advantage of many volunteers present at their
homes, but City staff will be slow to assemble at their posts and some may
not even be able to travel to Saratoga because of infrastructure damage.
Communications will also be a difficult issue for many if power and phone
lines are down. In this environment amateur radio communications and
the City’s AM 1610 radio station will be vital to communications and
public information, and KSAR will as soon as possible become another
important source of public information.
D. Field Incident Command Relationship With EOC Incident Management – Field
Incident Command will be led at Incident Command Posts by the County Fire
Department, the Public Works Department, the Sheriff’s Office, or some
combination of the three in a Unified Command. With the communications
methods available to them Incident Commanders will keep their respective
disciplines located in the Operations Section of the EOC informed of response
progress, and EOC personnel will assist field responders with personnel, facilities,
and material needed to accomplish tactical objectives.
E. Roles and Responsibilities – See EOC Position Checklists in the Appendices
F. Lines of Succession
1. City Manager
2. Assistant City Manager
3. Public Works Director
G. Alternate Seat of Government locations include:
1. North Campus
2. West Valley College
3. Saratoga High School
4. Prospect High School
5. St. Andrews Episcopal Church
6. Sacred Heart Catholic Church
**Facility agreements must be approved and in place before use
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H. Santa Clara County Operational Area – coordinated by the County EOC the Santa
Clara County Operational Area, which consists of the County, all 15
municipalities, and the special districts (school, water, etc.) stand by with
available resources to support Incident Command Posts in the field and EOC’s in
the City with personnel and material resources. Should the resources of the
Operational Area be exhausted the County EOC will communicate with the State
for further mutual aid.
I. Multi/Inter-Agency Coordination System (MACS) – Using the External
Resources information contained in the Appendices the Logistics Section Chief
and the Liaison Officer will confer with the Saratoga non-profits, faith based
organizations, West Valley College, School Districts, and Chamber of Commerce
when receiving and processing resource requests that fall outside of the City’s
ability to satisfy. The Logistics Chief will collect requests for resources and the
Liaison will coordinate with the external agencies to make the most efficient and
beneficial use of agency resources.
J. Mutual Aid – Mutual Aid resources will be made available through the
Operational Area coordinated at the County EOC, only after internal logistical
supplies and MACS coordination, and the purchasing ability of the City have
been exhausted.
K. Special Districts – Special districts such as West Valley College and schools will
send agency representatives to the City EOC as needed, and will coordinate with
the City response activities in their areas. Life safety and preservation of property
are the top priorities for all, and the City and the special districts will endeavor to
assist each other as much as possible.
L. Operations Centers
1. Emergency Operations Center (EOC) – Located at the downtown Fire
Station
a. Purpose & Function – The EOC exists to support tactical
objectives in the field at Incident Command posts, and to manage
response resources in the City when multiple incidents need
support
b. Representation – See the EOC Staffing Roster in the Appendices
2. West Valley College – Located in the north parking lot
3. Saratoga Union School District – Located at the District Office
4. Backup locations
a. The City Manager’s Administrative Conference Room at City Hall
b. North Campus
c. Others
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Recovery
Introduction
Recovery refers to those measures undertaken by an entity following a disaster that will
return all systems (utilities, phones, government offices, etc.) to normal levels of service.
Effective recovery consists of a complex array of interdependent and coordinated actions.
Some jurisdictions may have recovery operations as a separate manual, referenced in the
EOP.
A. Concept of Operations
Recovery operations should begin as soon as possible after a disaster. Many think
recovery operations generally are initiated after the disaster response has been ongoing
and appears to show some promise of diminishing. A successful recovery starts at the
moment of impact. There is no clearly defined separation between response and
recovery. The tasks are different from response, but they should be carried out
simultaneously. Establishing a recovery organization prior to a disaster has proven
effective in enabling a smooth and speedier recovery.
Although SEMS is required for emergency response, it is not specifically required for
recovery operations. However, emergency planners may find it useful to continue using
SEMS principles and procedures for recovery when personnel are already in a SEMS
environment.
1. Short Term
Recovery operations are divided into two phases. The first phase is short term. This
involves restoring the infrastructure that includes:
· electric power;
· communications;
· water and sewer;
· high impact areas and special populations, schools, hospitals, etc.; and
economic and social systems of the Community.
Continued coordination from the response phase into the recovery phase is necessary to
identify high priority areas for resumption of utilities, liability concerns, financing, and
recovery ordinances. Jurisdictional emergency managers should develop checklists for
short-term recovery to ensure governing boards are kept up-to-date, to identify potential
areas of mitigation, and to improve preparedness and response planning.
2. Long Term
Long-term recovery consists of actions that will return the jurisdiction back to normal
pre-disaster levels of service. Long-term considerations include:
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· development of a recovery team;
· economic and resource stabilization;
· hazard mitigation;
· updating plans based on lessons learned; and
· post-event assessments.
It is critical that the documentation functions during response continue and expand into
recovery. Checklists should be developed for recovery operations to ensure
accountability. Failure to strictly account for damage documentation and personnel costs
can result in loss of possible reimbursement.
B. SEMS Recovery Organization
Recovery operations differ significantly from emergency response. SEMS is not required
for recovery operations, although it is used by the California Emergency Management
Agency (CalEMA) in recovery operations and may provide for greater efficiency at all
levels.
Response activity is greater in the SEMS Operations and Logistics functions. Recovery
activities see much more activity in the Finance/Administration function and less in the
other SEMS functions.
The Operational Area plays a different role in recovery than in response. The
Operational Area may act as an information and coordination point for its constituent
jurisdiction. However, each local jurisdiction rather than the Operational Area, works
directly with state and federal recovery programs. Recovery plans utilizing SEMS
functions may have the following tasking:
1. Management Section
This section is responsible for the jurisdiction's overall recovery.
Tasks include:
· informing and briefing elected officials;
· providing lead for policy decisions;
· issuing public information releases; and
· ensuring safety of response activities.
2. Operations Section
This section is responsible for operations that restore the jurisdiction back to normal day-
to-day operations.
Tasks include:
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· restoring medical facilities and service;
· restoring government facility functions;
· removing debris;
· demolishing buildings;
· restoring utilities;
· providing emergency housing;
· providing application process for disaster assistance; and
· providing building and public safety inspections.
3. Planning Section
This section documents and provides management with direction for recovery activities.
Tasks include:
· providing documentation of SEMS compliance for disaster assistance;
· providing after-action reports consistent with SEMS requirements
· providing direction in land use and zoning issues;
· issuing building permits;
· developing alternative building regulations and code enforcement;
· reviewing the general plan;
· providing an action plan for recovery operations;
· developing redevelopment plans;
· developing recovery situation reports;
· documenting recovery operations; and
· creating mitigation plans.
4. Logistics Section
Logistics section is responsible for obtaining resources necessary to carry out recovery
operations.
Tasks include:
· providing government operations and allocating office space;
· providing recovery supplies and equipment; and
· providing vehicles and personnel.
5. Finance/Administration Section
Finance/Administration handles the jurisdiction's recovery financial transactions.
Tasks include:
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· managing public finance;
· preparing and maintaining the budget;
· developing and maintaining contracts;
· processing accounting and claims;
· collecting taxes; and
· managing insurance settlements.
Organizations should be assigned appropriate SEMS functions to address the tasks listed
above.
C. DAMAGE ASSESSMENT
During the early phase of a disaster, the initial damage is only estimated. Plans should
include procedures for conducting more detailed surveys to be used in disaster project
applications. It is critical to understand that damage assessment, especially after an
earthquake, will be a continuous project almost on a daily basis for a month or more due
to the high frequency of aftershocks. Structures that were not damaged initially could
become severely damaged after a minor aftershock. A significant number of building
inspectors providing assessments will be key to state and federal reimbursement monies.
The procedures should include the following:
1. Safety Concerns
Safety precautions that will contribute to recovery operations include:
· ensuring gas, water, sewer leaks are identified;
· ensuring utilities are turned off in unsafe or damaged structures;
· securing hazardous materials sites and preparing clean-up plan;
· ensuring unsafe buildings are vacated, clearly marked and access is restricted; and
· identifying safety precautions to be undertaken by emergency workers.
2. Structural Damage
Checklists and procedures for survey teams should include the following terms when
describing damages:
Destroyed - Cost of repair is more than 75% of value.
Major Damage - Cost of repair is greater than 10% of value.
Minor Damage - Cost of repair is less than 10% of value.
Note: Damages are limited to the structure and not contents.
Structural Categories
The following are categories used for private structures applying for disaster
assistance:
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1 - 3 - Homes, includes City Homes and Condominiums
4 - Mobile Homes
5 - Rental Units
6 - Farm Dwellings
7 - Businesses
Recovery Activities
Common terms for recovery activities are listed below:
Category A: Debris Clearance
Clearance of debris, wreckage, demolition, and removal of buildings damaged beyond
repair.
Category B: Protective Measures
Measures to eliminate or lessen immediate threats to life, and public health, and safety.
Category C: Roads & Bridges
All non-emergency work and any that may require more time for decision-making,
preparation of detailed design, construction plans, cost estimates, and schedules.
Category D: Water Control Facilities
Includes flood control, drainage, levees, dams, dikes, irrigation works, seawalls, and
bulkheads.
Category E: Public Buildings and Equipment
Buildings, vehicles or other equipment, transportation systems, fire stations, supplies
or inventory, higher education facilities, libraries, and schools.
Category F: Utilities
Water supply systems, sanitary sewerage treatment plants, storm drainage, light/power.
Category G: Other
Park facilities, piers, boat ramps, public and private non-profit facilities, recreational
facilities, playground equipment.
List of Damages
Once a Presidential Disaster Declaration has been made, a "List of Damage" needs to be
completed by each jurisdiction and transmitted to the Operational Area. The Operational
Area will transmit damages to the CalEMA Region, who will in turn send them to the
State and FEMA.
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It should include:
Location of Action/Damage
· Geographical location of damaged facility or emergency work.
Description of Action/Damages
· Narrative description explaining the nature of the disaster-related problem
(engineering details are not needed).
Estimates of Cost
· A separate estimate for each facility or system affected.
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D. DISASTER ASSISTANCE
Disaster assistance is divided into two forms: Individual and Public Assistance.
Recovery plans should address both types of assistance, methods of acquiring help,
restrictions, and other pertinent information.
1. Individual Assistance
Government Assistance to Individuals
Individual assistance consists of services provided to individuals and businesses - the
private sector.
Effective recovery plans should have the following federal programs for individual
assistance included:
2. Federal Programs
Disaster Housing Assistance Program
This is a federal program administered by FEMA that provides temporary housing to
disaster victims during presidentially declared disasters.
Disaster Mortgage and Rental Assistance Program
This program provides grants for home-related mortgage or rent payments to disaster
victims, who as a result of a disaster, have lost their job or business and face foreclosure
or eviction from their homes. It is a federal program available under a presidentially
declared disaster.
Housing and Urban Development (HUD) Program
This program is offered to families with an income below $20,000. It provides up to 70%
of the rental cost for a maximum of 18 months to disaster victims. It is also available
under a presidentially declared disaster.
Small Business Administration (SBA)
This program is automatically implemented following a presidential disaster declaration
for Individual Assistance, or may be implemented at the request of the governor. It
provides low interest loans to businesses and individuals who have suffered disaster
losses.
Individual and Family Grant Program (IFGP)
This is authorized only by a federal disaster declaration. It provides grants to disaster
victims who are not eligible for SBA loans.
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Cora Brown Fund
This is authorized only by a federal disaster declaration. The fund provides disaster
victims with assistance provided they are not eligible for any other disaster assistance
award from the government or other organizations. These are only a few federal
programs that could be activated under a presidentially declared disaster. Disaster
assistance may be altered by legislation passed at the time of the event. Other types of
assistance may also be available. EOPs should have all programs addressed either in the
plan or in a supplement.
3. Non-profit Volunteer Charitable Organizations
Recovery plans should include all forms of assistance available, including volunteer
charitable organizations such as the American Red Cross, Salvation Army, and others.
Plans should identify what is available, conditions, and client focus.
In developing a recovery plan that includes volunteer charitable organizations, local
networks of volunteer agencies should not be overlooked. Some communities have a
"Community council" of local organizations that may be able to provide some level of
relief or fund-raising experience. This can be helpful in developing a local disaster
victims fund or outreach.
4. Public Assistance
Public assistance consists of various programs of disaster relief to the public sector.
Public sector includes state and local government (city, county, special district).
Recovery plans should include the following forms of assistance and the application
process:
State-Natural Disaster Assistance Act (NDAA)
NDAA is available to counties, cities, and special districts to repair disaster-related
damages to public buildings, levees, flood control works, channels, irrigation works, city
streets, county roads, bridges, and other public works except those facilities used solely
for recreational purposes. This program offers up to 75% of the eligible cost to: repair,
restore, reconstruct or replace public property or facilities; to cover direct and indirect
costs of grant administration with the CalEMA Director's concurrence; and, to cover the
cost of overtime and supplies used for response.
Conditions for Implementation of NDAA:
· CalEMA Director must concur with local emergency declaration for permanent
restoration assistance;
· Governor must proclaim a state of emergency (for disaster response and
permanent restoration assistance); or
· President must declare a major disaster or emergency (for matching fund
assistance for cost sharing required under federal public assistance programs).
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Federal-Robert T. Stafford Disaster Relief Act of 1974
The following is a brief overview of this program. This information would be useful in a
recovery plan because it is the primary source of public assistance. Recovery planners
may choose to go into more detail about this program. A Presidential Declaration of
Major Disaster or Emergency is required to activate the provisions of this law.
Eligible applicants include the following:
· state agencies;
· counties;
· cities;
· special districts;
· schools K-12;
· colleges and institutions of higher education;
· private non-profit organizations organized under § 501(c) 3 of the Internal
Revenue Code;
· utilities;
· emergency agencies;
· medical agencies;
· custodial care organizations; and
· government services such as: community centers, libraries, homeless shelters,
senior citizen centers, and similar facilities open to the general public.
To provide efficiency in the recovery process the particulars of work and cost eligibility,
wage information, and other pertinent information should be included in the recovery
plan. This could be in the form of information sheets on each program, checklists, or
written procedures.
E. DISASTER FIELD OFFICE (DFO)
Following a Presidential Declaration of a Major Disaster or Emergency, a Disaster Field
Office will be established in the proximity of the disaster area. The DFO provides the
direction and coordination point for federal assistance.
Typical functions of the DFO include:
· Management - Coordination of the overall federal assistance programs for both
Individual and Public Assistance, as well as any existing emergency work.
· Public Information - Overall direction of public news releases on the progress of
the emergency recovery actions, public notices on obtaining assistance, problems,
and other pertinent information.
· Liaison - Provides coordination and cooperation with other federal and state
agencies.
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· Operations - Responsible for damage survey teams, outreach activities, and
program implementation (i.e., Public Assistance, Individual Assistance, Hazard
Mitigation, etc.)
· Logistics - Provides materials and resources to perform the tasks associated with
recovery.
· Finance/Administration - Tracks and monitors costs, approves purchases, audits
activities as needed.
· Plans/Intelligence - Develops action plans, identifies priorities, potential
problems, and documents the overall recovery actions.
F. MITIGATION
This aspect of recovery operations is critical in reducing or eliminating disaster related
property damage and loss of lives from reoccurring. The immediate post-disaster period
presents a rare opportunity for mitigation. During this time, officials and citizens are
more responsive to mitigation recommendations, and unique opportunities to rebuild or
redirect development may be available. Recovery plans would benefit from addressing
mitigation planning as part of the recovery process.
The following represents some information that would be useful in recovery sections of
emergency plans.
Forms of Mitigation:
· changes in building codes;
· variances or set-backs in construction;
· zoning, to reduce types of construction in high hazard areas; and
· relocation or removal of structures from high hazard zones.
This could also be described in more detail in recovery plans as checklists, SOPs, or
information sheets.
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APPENDIX A
EOC Position Checklists
Generic Checklist for All EOC Personnel
Activation Phase:
r Check in upon arrival at the EOC.
r Report to the EOC Director, Section Chief, Branch Coordinator, or other assigned
Supervisor, and provide your supervisor with your contact information.
r Set up your workstation and review your position responsibilities.
r Establish and maintain a position log that chronologically describes your actions
taken during your shift.
r Determine your resource needs, such as a computer, phone, plan copies, and other
reference documents.
Demobilization Phase:
r Deactivate your assigned position and close out logs when authorized by the EOC
Director.
r Complete all required forms, reports, and other documentation. All forms should
be submitted through your supervisor to the Planning/Intelligence Section, as
appropriate, prior to your departure.
r Be prepared to provide input to the after-action report.
r If another person is relieving you, ensure they are thoroughly briefed before you
leave your workstation. Clean up your work area before you leave.
Leave a forwarding phone number where you can be reached.
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Director of Emergency Services (EOC Director) Checklist
Responsibilities
1. Establish the appropriate staffing level for the EOC and continuously monitor
organizational effectiveness ensuring that appropriate modifications occur as
required.
2. Exercise overall management responsibility for the coordination between
emergency response agencies within the jurisdictional area.
3. In conjunction with staff, set jurisdictional priorities for response efforts. Ensure
that all department and agency actions are accomplished within the priorities
established at the EOC.
4. Ensure that inter-agency coordination is accomplished effectively.
Activation Phase
r Determine appropriate level of activation based on situation as known.
r Mobilize appropriate personnel for the initial activation of the EOC.
r Respond immediately to EOC site and determine operational status.
r Obtain briefing from whatever sources are available.
r Ensure that the EOC is properly set up and ready for operations.
r Ensure that an EOC check-in procedure is established immediately.
r Ensure that an EOC organization and staffing chart is posted and completed.
r Determine which sections are needed, assign Section Chiefs as appropriate and
ensure they are staffing their sections as required.
o Operations Section Chief
o Planning/Intelligence Section Chief
o Logistics Section Chief
o Finance/Administration Section Chief
r Determine which Management Staff positions are required and ensure they are
filled as soon as possible.
o Legal Officer
o Liaison Officer
o Public Information Officer
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o Safety & Security Officer
r Ensure that communications systems are established and functioning.
r Schedule the initial Action Planning meeting.
r Confer with staff to determine what representation is needed at the EOC from
other emergency response agencies.
r Inform members of the City Council and develop appropriate policy decisions.
Operational Phase:
r Monitor general staff activities to ensure that all appropriate actions are being
taken.
r In conjunction with the Public Information Officer, conduct news conferences and
review media releases for final approval, following the established procedure for
information releases and media briefings.
r Ensure that the Liaison Officer is providing for and maintaining effective inter-
agency coordination.
r Based on current status reports, establish initial strategic objectives for the EOC.
r In coordination with Management Staff, prepare EOC objectives for the initial
Action Planning Meeting.
r Convene the initial Action Planning meeting. Ensure that all Section
Coordinators, Management Staff, and other key agency representatives are in
attendance. Ensure that appropriate Action Planning procedures are followed
(refer to Planning/Intelligence Section, “Action Planning Guidelines.”). Ensure
the meeting is facilitated appropriately by the Planning/Intelligence Section Chief.
r Once the Action Plan is completed by the Planning/Intelligence Section, review,
approve and authorize its implementation.
r Conduct periodic briefings with the general staff to ensure strategic objectives are
current and appropriate.
r Conduct periodic briefings for elected officials or their representatives.
r Formally issue an Emergency Proclamation as necessary, and coordinate local
government proclamations with other emergency response agencies, as
appropriate.
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r Brief your relief at shift change, ensuring that ongoing activities are identified and
follow-up requirements are known.
Demobilization Phase:
r Authorize demobilization of sections and branches when they are no longer
required.
r Notify higher level EOC’s and other appropriate organizations of the planned
demobilization, as appropriate.
r Ensure that any open actions not yet completed will be handled after
demobilization.
r Ensure that all required forms or reports are completed prior to demobilization.
r Be prepared to provide input to the after action report.
r Deactivate the EOC at the designated time, as appropriate.
r Proclaim termination of the emergency response and proceed with recovery
operations.
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Legal Officer
Responsibilities:
1. Ensure that proper legal procedures are followed in all phases of disaster response
and recovery, including disaster declarations, posting City Council ratification,
emergency power exercised by the Director of Emergency Services, and requests
for mutual aid and other forms of outside assistance.
2. Provide legal advice to the EOC staff.
Activation Phase:
r Follow the generic Activation Phase Checklist.
r Check in with the Management Section Chief and determine the appropriate level
of participation by the Legal Officer at the EOC. Arrange for immediate
notification capabilities (pagers, cell phone) if off-site.
r Review special ordinances and laws that may govern a disaster. Ensure that
appropriate legal reference materials are ready and accessible to the Legal Officer
at the EOC.
r Provide legal advice, when you determine it is needed or when it is requested.
Operational Phase:
r Respond to requests for legal advice and support.
r Keep current on the general status of the disaster, and anticipate steps that could
be taken to lessen potential City liability. Advise the Director of Emergency
Services of the timing and implementation of such steps.
r Provide legal advice to EOC staff, when you determine it is needed, or when it is
requested.
r Advise on intergovernmental relations, including legal issues involved in
notifications and requests for assistance or resources.
r Maintain logs and files associated with your position, keeping custody of all
attorney/client documentation.
Demobilization Phase:
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r Follow generic Demobilization Phase Checklist.
r Ensure that you complete all final reports, close out your activity log, and transfer
any ongoing missions and/or actions to the person assigned by the Director of
Emergency Services.
r Ensure copies of all documentation generated during the operation are submitted
to the Planning Section, except for attorney/client matters that you will retain.
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Agency Representative
Responsibilities:
1. Agency Representatives should be able to speak on behalf of their agencies,
within established policy limits, acting as a liaison between their agencies and the
EOC.
2. Agency Representatives may facilitate requests to or from their agencies, but
normally do not directly act on or process resource requests.
3. Agency Representatives are responsible for obtaining situation status information
and response activities from their agencies for the EOC.
Activation Phase:
r Follow generic Activation Phase Checklist.
r Check in with the Liaison Officer and clarify any issues regarding your authority
and assignment, including the functions of other representatives from your agency
(if any) in the EOC.
r Establish communications with your home agency; notify the Logistics Section
Communications Branch and the Liaison Officer of any communications
problems.
r Unpack any materials you may have brought with you and set up your assigned
station, requesting necessary materials and equipment through the Liaison Officer
and/or Logistics Section.
r Obtain an EOC organization chart, floor plan, and telephone list from the Liaison
Officer.
r Contact the EOC sections or branches that are appropriate to your responsibility;
advise them of your availability and assigned work location in the EOC.
Operational Phase:
r Facilitate requests for support or information that your agency can provide.
r Keep current on the general status of resources and activity associated with your
agency.
r Provide appropriate situation information to the Planning/Intelligence Section.
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r Represent your agency at planning meetings, as appropriate, providing update
briefings about your agency’s activities and priorities.
r Keep your agency executives informed and ensure that you can provide agency
policy guidance and clarification for the Director of Emergency Services as
required.
r On a regular basis, inform your agency of the EOC priorities and actions that may
be of interest.
r Maintain logs and files associated with your position.
Demobilization Phase:
r Follow generic Demobilization Phase Checklist.
r When demobilization is approved by the Director of Emergency Services, contact
your agency and advise them of expected time of demobilization and points of
contact for the completion of ongoing actions or new requirements.
r Ensure that you complete all final reports, close out your activity log, and transfer
any ongoing missions and/or actions to the Liaison Officer or other appropriate
individual.
r Ensure copies of all documentation generated during the operation are submitted
to the Planning/Intelligence Section.
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Liaison Officer Checklist
Responsibilities:
1. Oversee all liaison activities, including coordinating outside agency
representatives assigned to the EOC and handling requests from other EOCs for
EOC agency representatives.
2. Establish and maintain a central location for incoming agency representatives,
providing workspace and support as needed.
3. Ensure that position specific guidelines, policy directives, situation reports, and a
copy of the EOC Action Plan is provided to Agency Representatives upon check-
in.
4. Provide orientations for VIPs and other visitors to the EOC.
5. Ensure that demobilization is accomplished when directed by the Director of
Emergency Services.
Activation Phase:
r Follow generic Activation Phase Checklist.
r Obtain assistance for your position through the Personnel Branch in Logistics, as
required.
Operational Phase:
r Contact Agency Representatives already on-site, ensuring that they:
o Have signed into the EOC
o Understand their role in the EOC
o Know their work locations
o Understand the EOC organization and floor plan
r Determine if additional representation is required from:
o Community based organizations
o Private organizations
o Utilities not already represented
o Other agencies
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r In conjunction with the Director of Emergency Services establish and maintain an
Inter-agency Coordination Group comprised of outside agency representatives
and executives not assigned to specific sections within the EOC.
r Assist the Director of Emergency Services in conducting regular briefings for the
Inter-agency Coordination Group and with distribution of the current EOC Action
Plan and Situation Report.
r Request that Agency Representatives maintain communications with their
agencies and obtain situation status reports regularly.
r With the approval of the Director of Emergency Services, coordinate with the
Safety & Security Branch EOC tours for visiting VIP’s and other visitors.
r With the approval of the Director of Emergency Services, provide agency
representatives from the EOC to other EOCs as required and requested.
r Maintain a roster of agency representatives located at the EOC. Roster should
include assignment within the EOC (Section or Inter-agency Coordination
Group). Roster should be distributed internally on a regular basis.
Demobilization Phase:
r Follow generic Demobilization Phase Checklist.
r Release agency representatives that are no longer required in the EOC when
authorized by the Director of Emergency Services.
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Public Information Officer (PIO) Checklist
Responsibilities:
1. Serve as the central coordination point for the agency or jurisdiction for all media
releases.
2. Ensure that the public within the affected area receives complete, accurate, and
consistent information about life safety procedures, public health advisories, relief
and assistance programs and other vital information.
3. Coordinate media releases with Public Information Officers at incidents or
representing other affected emergency response agencies as required.
4. Develop the format for press conferences, in conjunction with the Director of
Emergency Services.
5. Maintain a positive relationship with the media representatives.
6. Provide staffing for rumor control telephone bank.
7. Establish a “Disaster Hotline” with an up-to-date recorded message.
8. Ensure that all rumors are responded to in a timely manner and with factual
information.
9. Supervise the Public Information Branch.
10. Participate in a Santa Clara County Joint Information Center (JIC) as needed, or
delegate others to that duty.
Activation Phase:
r Follow generic Activation Phase Checklists.
r Determine staffing requirements and make required personnel assignments for the
Public Information function as necessary.
Operational Phase:
Public Communication
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r Provide appropriate staffing and telephones to efficiently handle incoming media
and public calls.
r Operate a telephone bank for receiving incoming inquiries from the general
public.
r Establish a “Disaster Hotline” recorded message and provide updated message
information periodically.
Media Relations
r Establish a Media Information Center, as required, providing necessary space,
materials, telephones and electrical power.
r Maintain up-to-date status boards and other references at the media information
center. Provide adequate staff to answer questions from members of the media.
r Develop and publish a media-briefing schedule, to include location, format, and
preparation and distribution of handout materials.
r At the request of the Director of Emergency Services, prepare media briefings for
members of the agencies or jurisdiction policy groups and provide other
assistance as necessary to facilitate their participation in media briefings and press
conferences.
r Refer inquiries from members of the media to the lead Public Information Officer
or designated staff.
r Keep the Director of Emergency Services advised of all unusual requests for
information and of all major critical or unfavorable media comments.
Recommend procedures or measures to improve media relations.
r Ensure that adequate staff is available at the incident sites to coordinate and
conduct tours of the affected areas.
Emergency Information Collection
r Coordinate with the Situation Analysis Branch and identify the method of
obtaining and verifying significant information as it is developed.
r Develop content for state Emergency Alert System (EAS) releases if available.
Monitor EAS releases as necessary.
r Prepare, update, and distribute to the public a Disaster Assistance Information
Directory, which contains locations to obtain food, shelter, supplies, health
services, etc.
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r Ensure that announcements, emergency information and materials are translated
and prepared for special populations (non-English speaking, hearing impaired
etc.).
r Ensure that a rumor control function is established to correct false or erroneous
information.
r Interact with other EOC PIOs and obtain information relative to public
information operations.
Information Dissemination
r Obtain policy guidance from the Director of Emergency Services with regard to
media releases.
o Provide copies of all media releases to the Director of Emergency Services
r Implement and maintain an overall information release program.
r Monitor broadcast media, using information to develop follow-up news releases
and correct rumors by providing factual information based on confirmed data.
r Prepare final news releases and advise media representatives of points-of-contact
for follow-up stories.
r In coordination with other EOC sections and as approved by the Director of
Emergency Services, issue timely and consistent advisories and instructions for
life safety, health, and assistance for the public.
r Provide appropriate staffing and telephones to efficiently handle incoming media
and public calls.
r Correct rumors by providing factual information based on confirmed data.
r Ensure that file copies are maintained of all information released.
Demobilization Phase:
r Follow generic Demobilization Phase Checklist.
r Conduct shift change briefings in detail, ensuring that in-progress activities are
identified and follow-up requirements are known.
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Safety & Security Officer
Responsibilities:
1. Ensure that all buildings and other facilities used in support of the EOC are in a
safe operating condition.
2. Monitor operational procedures and activities in the EOC to ensure they are being
conducted in a safe manner, considering the existing situation and conditions.
3. Stop or modify all unsafe operations outside the scope of the EOC Action Plan,
notifying the Director of Emergency Services of actions taken.
4. Provide 24-hour security for the EOC.
5. Control personnel access to the EOC in accordance with policies established by
the Director of Emergency Services.
6. Handle any situation arising from inappropriate personnel actions within the
EOC.
Activation Phase:
r Follow generic Activation Phase Checklist.
Operational Phase:
r Tour the entire EOC facility and evaluate conditions; advise the Director of
Emergency Services of any conditions and actions that might result in liability,
unsafe layout or equipment set-up, etc.
r Study the EOC facility and document the locations of all fire extinguishers,
emergency pull stations, and evacuation routes and exits.
r Be familiar with particularly hazardous conditions in the facility; take action
when necessary.
r Prepare and present safety briefings for the Director of Emergency Services and
staff at appropriate meetings.
r If the event that caused activation was an earthquake, provide guidance regarding
actions to be taken in preparation for aftershocks.
r Ensure that the EOC facility is free from any environmental threats – e.g.,
radiation exposure, air purity, water quality, etc.
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r Keep the Director of Emergency Services advised of unsafe conditions; take
action when necessary.
r Determine the current EOC security requirements and arrange for staffing as
needed.
r Determine needs for special access to EOC facilities.
r Provide executive and VIP security as appropriate and required.
r Provide recommendations as appropriate to Director of Emergency Services.
r Prepare and present security briefings for the Director of Emergency Services and
General Staff at appropriate meetings.
Demobilization Phase:
r Follow generic Demobilization Phase Checklist.
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Operations Section Chief
Responsibilities:
1. Ensure that the Operations function is carried out including coordination of
activities for all operational functions assigned to the EOC.
2. Ensure that operational objectives and assignments identified in the EOC Action
Plan are carried out effectively.
3. Establish the appropriate level of branch and Branch organizations within the
Operations Section, continuously monitoring the effectiveness and modifying
accordingly.
4. Exercise overall responsibility for the coordination of Branch activities within the
Operations Section.
5. Ensure that the Planning/Intelligence Section is provided with Status Reports and
Major Incident Reports.
6. Conduct periodic Operations briefings for the Director of Emergency Services as
required or requested.
7. Supervise the Operations Section.
Activation Phase:
r Follow generic Activation Phase Checklists.
r Ensure that the Operations Section is set up properly and that appropriate
personnel, equipment, and supplies are in place including maps and status boards.
r Meet with Planning/Intelligence Section Chief; obtain a preliminary situation
briefing.
r Based on the situation, activate appropriate branches within the section. Designate
Branch Coordinators as necessary:
o Fire & Rescue Branch
o Law Enforcement Branch
o Public Works Branch
o Care & Shelter Branch
o Communications Branch (RACES)
o CERT Branch
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r Determine if there are mutual aid requests for these functional areas. Initiate
coordination with appropriate mutual aid systems as required.
r Request additional personnel for the section as necessary for 24-hour operation.
r Obtain a current communications status briefing from the Communications
Branch Coordinator in Logistics. Ensure that there is adequate equipment and
radio frequencies available as necessary for the section.
r Determine estimated times of arrival of section staff from the Personnel Branch in
Logistics.
r Confer with the Director of Emergency Services to ensure that the
Planning/Intelligence and Logistics Sections are staffed at levels necessary to
provide adequate information and support for operations.
r Coordinate with the Liaison Officer regarding the need for Agency
Representatives in the Operations Section.
r Coordinate with the Planning/Intelligence Section Chief to determine the need for
any Technical Specialists.
r Establish radio or phone communications with Department Operations Centers
(DOCs), and/or with Incident Commander(s) as directed, and coordinate
accordingly.
r Based on the situation known or forecasted, determine likely future needs of the
Operations Section.
r Identify key issues currently affecting the Operations Section; meet with section
personnel and determine appropriate section objectives for the first operational
period.
r Review responsibilities of branches in section; develop an Operations Plan
detailing strategies for carrying out Operations objectives.
r Adopt a pro-active attitude. Think ahead and anticipate situations and problems
before they occur.
Operational Phase:
r Ensure Operations Section position logs and other necessary files are maintained.
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r Ensure that situation and resources information is provided to the
Planning/Intelligence Section on a regular basis or as the situation requires,
including Status Reports and Major Incident Reports.
r Ensure that all media contacts are referred to the Public Information Officer.
r Conduct periodic briefings and work to reach consensus among staff on
objectives for forthcoming operational periods.
r Attend and participate in Director of Emergency Service’s Action Planning
meetings.
r Provide the Planning/Intelligence Section Chief with Operations Section’s
objectives prior to each Action Planning meeting.
r Work closely with each Branch Coordinator to ensure that the Operations Section
objectives, as defined in the current Action Plan, are being addressed.
r Ensure that the branches coordinate all resource needs through the Logistics
Section.
r Ensure that intelligence information from Branch Coordinators is made available
to the Planning/Intelligence Section in a timely manner.
r Ensure that fiscal and administrative requirements are coordinated through the
Finance/Administration Section (notification of emergency expenditures and daily
time sheets).
r Brief the Director of Emergency Services on all major incidents.
r Complete a Major Incident Report for all major incidents; forward a copy to the
Planning/Intelligence Section.
r Brief Branch Coordinators periodically on any updated information you may have
received.
r Share status information with other sections as appropriate.
Demobilization Phase:
r Follow generic Demobilization Phase Checklist.
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Care & Shelter Branch Coordinator
Responsibilities:
1. Coordinate directly with the American Red Cross and other agencies to provide
food, potable water, clothing, shelter and other basic needs as required to disaster
victims within the City.
2. Assist the American Red Cross with inquiries and registration services to reunite
families or respond to inquiries from relatives or friends.
3. Assist the American Red Cross with the transition from mass care to separate
family/individual housing.
4. Supervise the Care & Shelter Branch.
Activation Phase:
r Follow the generic Activation Phase Checklist.
Operational Phase:
r Establish and maintain your position log and other necessary files.
r Coordinate with the Liaison Officer to request an Agency Representative from the
American Red Cross. Work with the Agency Representative to coordinate all
shelter and congregate care activity.
r Establish communications with other volunteer agencies to provide clothing and
other basic life sustaining needs.
r Ensure that each active shelter meets the requirements as described under the
American with Disabilities Act (ADA).
r Assist the American Red Cross in staffing and managing the shelters to the extent
possible.
r Assist the American Red Cross with the transition from operating shelters for
displaced people to separate family/individual housing.
r Complete and maintain the Care and Shelter Status Report Form.
r Maintain a running tally of the number of displaced people being sheltered.
r Refer all contacts with the media to the Public Information Officer.
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Demobilization Phase:
r Follow the generic Demobilization Phase Checklist.
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Fire and Rescue Branch Coordinator
Responsibilities:
1. Coordinate fire, emergency medical, hazardous materials, and urban search and
rescue operations in the jurisdictional area.
2. Assist Fire & Rescue Mutual Aid System Coordinator in acquiring mutual aid
resources, as necessary.
3. Coordinate the mobilization and transportation of all resources through the
Logistics Section.
4. Complete and maintain status reports for major incidents requiring or potentially
requiring operational area, state and federal response, and maintains status of
unassigned fire and rescue resources.
5. Coordinate with the Law Enforcement Branch Coordinator on jurisdiction Search
& Rescue activities.
6. Implement the objectives of the EOC Action Plan assigned to the Fire & Rescue
Branch.
7. Supervise the Fire & Rescue Branch.
Activation Phase:
r Follow the generic Activation Phase Checklist.
r Based on the situation, activate the necessary units within the Fire & Rescue
Branch:
o Fire & Rescue Unit
o Emergency Medical Unit
o HazMat Unit
r If the mutual aid system is activated, coordinate use of fire resources with the
Operational Area Fire & Rescue Mutual Aid Coordinator.
r Prepare and submit a preliminary status report and major incident reports as
appropriate to the Operations Section Chief.
r Prepare objectives for the Fire & Rescue Branch; provide them to the Operations
Section Chief prior to the first Action Planning meeting.
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Operational Phase:
r Ensure that Branch logs and other necessary files are maintained.
r Obtain and maintain current status on Fire & Rescue missions being conducted in
the jurisdictional area.
r Provide the Operations Section Chief and the Planning/Intelligence Section with
an overall summary of Fire & Rescue Branch operations periodically or as
requested during the operational period.
r On a regular basis, complete and maintain the Fire & Rescue Status Report.
r Refer all contacts with the media to the Public Information Officer.
r Ensure that all fiscal and administrative requirements are coordinated through the
Finance/Administration Section (daily time sheets and notification of any
emergency expenditures).
r Prepare objectives for the Fire & Rescue Branch for the subsequent operational
period; provide them to the Operations Section Chief prior to the end of the shift
and the next Action Planning meeting.
r Provide your relief with a briefing at shift change; inform him/her of all ongoing
activities. Branch objectives for the next operational period, and any other
pertinent information.
Demobilization Phase:
r Follow the generic Demobilization Phase Checklist.
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Law Enforcement Branch Coordinator
Responsibilities:
1. Coordinate movement and evacuation operations during an emergency.
2. Alert and notify the public of the impending or existing emergency.
3. Coordinate law enforcement, search and rescue, and traffic control operations
during the emergency.
4. Coordinate site security at incidents.
5. Coordinate Law Enforcement Mutual Aid requests from emergency response
agencies through the Law Enforcement Mutual Aid Coordinator at the
Operational Area EOC.
6. Supervise the Law Enforcement Branch.
Activation Phase:
r Follow the generic Activation Phase Checklist.
r Based on the situation, activate the necessary units within the Law Enforcement
Branch:
o Law Enforcement Operations Unit
o Coroner/Fatalities Management Unit
o Search and Rescue Unit
r Contact and assist the Operational Area EOC Law Enforcement and Coroner’s
Mutual Aid Coordinators as required or requested.
r Provide an initial situation report to the Operations Section Chief.
r Based on the initial EOC strategic objectives prepare objectives for the Law
Enforcement Branch and provide them to the Operations Section Chief prior to
the first Action Planning meeting.
Operational Phase:
r Ensure that Branch position logs and other necessary files are maintained.
r Maintain current status on Law Enforcement missions being conducted.
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r Provide the Operations Section Chief and the Planning/Intelligence Section with
an overall summary of Law Enforcement Branch operations periodically or as
requested during the operational period.
r On a regular basis, complete and maintain the Law Enforcement Status Report.
r Refer all contacts with the media to the Public Information Officer.
r Determine need for Law Enforcement Mutual Aid.
r Determine need for Coroner’s Mutual Aid.
r Ensure that all fiscal and administrative requirements are coordinated through the
Finance/Administration Section (daily time sheets and notification of any
emergency expenditures).
r Prepare objectives for the Law Enforcement Branch for the subsequent
Operational period; provide them to the Operations Section Chief prior to the end
of the shift and the next Action Planning meeting.
r Provide your relief with a briefing at shift change, informing him/her of all
ongoing activities, branch objectives for the next operational period, and any
other pertinent information.
Demobilization Phase:
r Follow the generic Demobilization Phase Checklist.
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Public Works Branch Coordinator
Responsibilities:
1. Survey all utility systems, and restore systems that have been disrupted, including
coordinating with utility service providers in the restoration of disrupted services.
2. Survey all public and private facilities, assessing the damage to such facilities,
and coordinating the repair of damage to public facilities.
3. Survey all other infrastructure systems, such as streets and roads within the
jurisdictional area.
4. Assist other sections and branches as needed.
5. Supervise the Public Works Branch.
Activation Phase:
r Follow the generic Activation Phase Checklist.
r Based on the situation, activate the necessary units within the Public Works
Branch.
r Contact and assist the Operational Area Public Works Mutual Aid Coordinator
with the coordination of mutual aid resources as necessary.
r Provide an initial situation report to the Operations Section Chief.
r Based on initial EOC strategic objectives prepare objectives for the Public Works
Branch and provide them to the Operations Section Chief prior to the first Action
Planning meeting.
Operational Phase:
r Ensure that Branch position logs and other necessary files are maintained.
r Maintain current status on all public works activities being conducted.
r Ensure that damage and safety assessments are being carried out for both public
and private facilities.
r Request mutual aid as required through the Operational Area Public Works
Mutual Aid Coordinator.
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r Determine and document the status of transportation routes into and within
affected areas.
r Coordinate debris removal services as required.
r Provide the Operations Section Chief and the Planning/Intelligence Section with
an overall summary of Public Works Branch activities periodically during the
operational period or as requested.
r Ensure that all Utilities and Construction/Engineering Status Reports, as well as
the Initial Damage Estimation are completed and maintained.
r Refer all contacts with the media to the Pubic Information Officer.
r Ensure that all fiscal and administrative requirements are coordinated through the
Finance/Administration Section (daily time sheets and notification of any
emergency expenditures).
r Prepare objectives for the Public Works Branch for the subsequent operations
period; provide them to the Operations Section Chief prior to the end of the shift
and the next Action Planning meeting.
r Provide your relief with a briefing at shift change, informing him/her of all
ongoing activities, branch objectives for the next operational period, and any
other pertinent information.
Demobilization Phase:
r Follow the generic Demobilization Phase Checklist.
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Planning/Intelligence Section Chief
Responsibilities:
1. Ensure that the following responsibilities of the Planning/Intelligence Section are
addressed as required:
a. Collecting, analyzing, and displaying situation information,
b. Preparing periodic Situation Reports,
c. Preparing and distributing the EOC Action Plan and facilitating the Action
Planning meeting,
d. Conducting Advance Planning activities and report,
e. Providing technical support services to the various EOC sections and
branches, and documenting and maintaining files on all EOC activities.
2. Establish the appropriate level of organization for the Planning/Intelligence
Section.
3. Exercise overall responsibility for the coordination of Branch activities with the
section.
4. Keep the Director of Emergency Services informed of significant issues affecting
the Planning/Intelligence Section.
5. In coordination with the other section chiefs, ensure that Status Reports are
completed and utilized as a basis for situation reports, and the EOC Action Plan.
6. Develop a Demobilization Plan for the EOC based on a review of all pertinent
planning documents, and status reports.
7. Supervise the Planning/Intelligence Section.
Activation Phase:
r Follow generic Activation Phase Checklists.
r Ensure that the Planning/Intelligence Section is set up properly and that
appropriate personnel, equipment, and supplies are in place, including maps and
status boards.
r Based on the situation, activate Branches within the section as needed and
designate Branch Coordinators for each element:
o Damage Assessment Branch
o Documentation Branch
o Situation Status Branch
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r Request additional personnel for the section as necessary to maintain a 24-hour
operation.
r Establish contact with the Operational Area EOC when activated, and coordinate
Situation Reports with their Planning/Intelligence Section. Meet with Operations
Section Chief; obtain and review any major incident reports.
r Review responsibilities of branches in the section; develop plans for carrying out
all responsibilities.
r Make a list of key issues to be addressed by the Planning/Intelligence Section; in
consultation with section staff, identify objectives to be accomplished during the
initial Operational Period.
r Keep the Director of Emergency Services informed of significant events.
r Adopt a proactive attitude, thinking ahead and anticipating situations and
problems before they occur.
Operational Phase:
r Ensure that Planning/Intelligence Section position logs and other necessary files
are maintained.
r Ensure that the Situation Analysis Branch is maintaining current information for
the situation report.
r Ensure that major incidents reports and status reports are completed by the
Operations Section and are accessible by Planning/Intelligence.
r Ensure that all status boards and other displays are kept current and that posted
information is neat and legible.
r Ensure that the Public Information Officer has immediate and unlimited access to
all status reports and displays.
r Conduct periodic briefings with section staff and work to reach consensus among
staff on section objectives for forthcoming operational periods.
r Facilitate the Director of Emergency Service’s Action Planning meetings
approximately two hours before the end of each operational period.
r Ensure that objectives for each section are completed, collected and posted in
preparation for the next Action Planning meeting.
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r Ensure that the EOC Action Plan is completed and distributed prior to the start of
the next operational period.
r Work closely with each branch within the Planning/Intelligence Section to ensure
the section objectives, as defined in the current EOC Action Plan are being
addressed.
r Ensure that the Situation Status Branch develops and distributes a report which
highlights forecasted events or conditions likely to occur beyond the forthcoming
operational period; particularly those situations which may influence the overall
strategic objectives of the EOC.
r Ensure that the Documentation Branch maintains files on all EOC activities and
provides reproduction and archiving services for the EOC, as required.
r Provide technical specialists to all EOC sections as required.
r Ensure that fiscal and administrative requirements are coordinated through the
Finance/Administration Section.
r Review EOC personnel roster to determine size and scope of any demobilization
efforts.
r Meet individually with the general staff to determine their need for assistance in
any Demobilization Planning.
r Decide on the need for a formal written Demobilization Plan.
r If a Demobilization Plan is required, develop the plan using detailed specific
responsibilities, release priorities and procedures.
r Establish with each Section Chief which branches/personnel should be
demobilized first.
r Establish time tables for deactivating or downsizing branches.
r Determine if any special needs exist for personnel demobilization (e.g.
transportation).
r Develop a checkout procedure if necessary, to ensure all deactivated personnel
have cleared their operating position.
r Meet with each assigned Agency Representative and Technical Specialist to
determine what assistance may be required for their demobilization from the
EOC.
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r Monitor the implementation of the Demobilization Plan and be prepared to handle
any demobilization issues as they occur.
Demobilization Phase:
r Follow generic Demobilization Phase Checklist.
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Damage Assessment Branch Coordinator
Responsibilities:
1. Collect initial damage assessment information from other branches/units in the
EOC.
2. If the emergency is storm, flood, or earthquake related, ensure that inspection
teams have been dispatched to assess the condition of the dam.
3. Provide detailed damage assessment information to the rest of the Planning
Section, with associated loss damage estimates.
4. Maintain detailed records on damaged areas and structures.
5. Initiate requests for engineers, to inspect structures and/or facilities.
6. Supervise the Damage Assessment Branch.
Activation Phase:
r Follow generic Activation Phase Checklist.
Operational Phase:
r Establish and maintain a position log and other necessary files.
r Obtain initial damage assessment information from the Fire & Rescue Branch, the
Law Enforcement Branch, utilities, and other branches/units as necessary.
r Coordinate with the American Red Cross, utility service providers, and other
sources for additional damage assessment information.
r Prepare detailed damage assessment information, including estimate of value of
the losses, and provide to the rest of the Planning Section.
r Clearly label each structure and/or facility inspected in accordance with ATC-20
standards and guidelines.
r Maintain a list of structures and facilities requiring immediate inspection or
engineering assessment.
r Initiate all requests for engineers and building inspectors through the Operational
Area EOC.
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r Keep the Planning Section Chief informed of the inspection and engineering
assessment status.
r Refer all contacts with the media to the Public Information Officer.
Demobilization Phase:
r Follow the generic Demobilization Phase Checklist.
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Documentation Branch Coordinator
Responsibilities:
1. Collect, organize and file all completed emergency related forms, to include: all
EOC position logs, situation reports, EOC Action Plans and any other related
information, just prior to the end of each operational period.
2. Provide document reproduction services to the EOC staff.
3. Distribute the EOC situation reports, EOC Action Plan, and other documents, as
required.
4. Maintain a permanent electronic archive of all situation reports and Action Plans
associated with the emergency.
5. Prepare and distribute the After Action Report.
6. Supervise the Documentation Branch.
Activation Phase:
r Follow the generic Activation Phase Checklist.
Operational Phase:
r Establish and maintain a position log and other necessary files.
r Meet with the Planning/Intelligence Section Chief to determine what EOC
materials should be maintained as official records.
r Meet with the Recovery Branch Leader to determine what EOC materials and
documents are necessary to provide accurate records and documentation for
recovery purposes.
r Initiate and maintain a roster of all activated EOC positions to ensure that position
logs are accounted for and submitted to the Documentation Branch at the end of
each shift.
r Reproduce and distribute the Situation Reports and Action Plans. Ensure
distribution is made to the Operational Area EOC.
r Keep extra copies of reports and plans available for special distribution as
required.
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r Set up and maintain document reproduction services for the EOC.
Demobilization Phase:
r Follow the generic Demobilization Phase Checklist.
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Situation Status Branch Coordinator
Responsibilities
1. Oversee the collection, organization, and analysis of situation information related
to the emergency.
2. Ensure that information collected from all sources is validated prior to posting on
status boards.
3. Ensure that situation reports are developed for dissemination to EOC staff and
also to other EOCs as required.
4. Ensure that an EOC Action Plan is developed for each operational period.
5. Ensure that all maps, status boards and other displays contain current and accurate
information.
6. Supervise the Situation Status Branch.
Activation Phase:
r Follow the generic Activation Phase Checklist.
r Make contact with local government EOCs in the operational area and establish a
schedule for obtaining situation reports.
r Ensure there is adequate staff available to collect and analyze incoming
information, maintain the Situation Report and facilitate the Action Planning
process.
r Prepare the Situation Status Branch objectives for the initial Action Planning
meeting.
Operational Phase:
r Establish and maintain a position log and other necessary files.
r Oversee the collection and analysis of all emergency related information.
r Oversee the preparation and distribution of the Situation Report. Coordinate with
the Documentation Branch for manual distribution and reproduction as required.
r Ensure that each EOC Section provides the Situation Status Branch with status
reports on a regular basis.
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r Meet with the PIO to determine the best method for ensuring access to current
information.
r Prepare a situation summary for the EOC Action Planning meeting.
r Ensure each section provides their objectives at least 30 minutes prior to each
Action Planning meeting.
r In preparation for the Action Planning meeting, ensure that all EOC objectives are
posted on chart paper, and that the meeting room is set up with appropriate
equipment and materials (easels, markers, situation reports, etc.).
r Following the meeting, ensure that the Documentation Branch publishes and
distributes the EOC Action Plan prior to the beginning of the next operational
period.
r Ensure that adequate staff is assigned to maintain all maps, status boards and
other displays.
Demobilization Phase:
r Follow the generic Demobilization Phase Checklist.
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Logistics Section Chief
Responsibilities:
1. Ensure the Logistics function is carried out in support of the EOC. This function
includes providing communication services, resource tracking; acquiring
equipment, supplies, personnel, facilities, and transportation services; as well as
arranging for food, lodging, and other support services as required.
2. Establish the appropriate level of branch and/or Branch staffing within the
Logistics Section, continuously monitoring the effectiveness of the organization
and modifying as required.
3. Ensure section objectives as stated in the EOC Action Plan are accomplished
within the operational period or with the estimated time frame.
4. Coordinate closely with the Operations Section Chief to establish priorities for
resource allocation to activated Incident Commands within the affected area.
5. Keep the Director of Emergency Services informed of all significant issues
relating to the Logistics Section.
6. Supervise the Logistics Section.
Activation Phase:
r Follow generic Activation Phase Checklists.
r Ensure the Logistics Section is set up properly and that appropriate personnel,
equipment, and supplies are in place, including maps, status boards, vendor
references, and other resource directories.
r Based on the situation, activate branches within the section as needed and
designate Branch Coordinators for each element:
o Communications/IT Branch
o Facilities Branch
o Personnel/Volunteer Branch
o Supplies Branch
o Transportation Branch
r Mobilize sufficient section staffing for 24 hour operations.
r Establish communications with the Logistics Section at the Operational Area
EOC if activated.
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r Advise Branches within the section to coordinate with appropriate branches in the
Operations Section to prioritize and validate resource requests from DOCs or
Incident Command Posts in the field. This should be done prior to acting on the
request.
r Meet with the Director of Emergency Services and staff and identify immediate
resource needs.
r Meet with the Finance/Administration Section Chief and determine level of
purchasing authority for the Logistics Section.
r Assist Branch Coordinators in developing objectives for the section as well as
plans to accomplish their objectives within the first operational period, or in
accordance with the Action Plan.
r Provide periodic Section Status reports to the Director of Emergency Services.
r Adopt a proactive attitude, thinking ahead and anticipating situations and
problems before they occur.
Operational Phase:
r Ensure that Logistics Section position logs and other necessary files are
maintained.
r Meet regularly with section staff and work to reach consensus on section
objectives for forthcoming operational periods.
r Provide the Planning/Intelligence Section Coordinator with the Logistics Section
objectives at least 30 minutes prior to each Action Planning meeting.
r Attend and participate in EOC Action Planning meetings.
r Ensure that the Supplies Branch coordinates closely with the Purchasing Branch
in the Finance/Administration Section, and that all required documents and
procedures are completed and followed.
r Ensure that transportation requirements, in support of response operations, are
met.
r Ensure that all requests for facilities and facility support are addressed.
r Ensure that all resources are tracked and accounted for, as well as resources
ordered through Mutual Aid.
r Provide section staff with information updates as required.
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Demobilization Phase:
r Follow generic Demobilization Phase Checklist.
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Communications Branch Coordinator
Responsibilities:
1. Ensure radio and telephone resources and services are provided to EOC staff as
required.
2. Oversee the installation of communications resources within the City EOC.
Ensure that a communications link is established with the Operational Area EOC.
3. Ensure that the EOC Communications Center is established to include sufficient
frequencies to facilitate operations.
4. Develop and distribute a Communications Plan which identifies all systems in use
and lists specific frequencies allotted for the event or disaster.
5. Supervise the Communications Branch.
Activation Phase:
r Follow the generic Activation Phase Checklist.
r Based on the situation, activate Communications Systems personnel.
r Prepare objectives for the Communications Branch; provide them to the Logistics
Section Chief prior to the initial Action Planning meeting.
Operational Phase:
r Ensure that Communication Branch position logs and other necessary files are
maintained.
r Keep all sections informed of the status of communications systems, particularly
those that are being restored.
r Coordinate with all EOC sections/branches/units regarding the use of all
communications systems.
r Provide communications resources and services as needed to external City
operated sites such as Points of Distribution (POD) and/or Emergency Volunteer
Centers (EVC’s) as needed.
r Ensure that the EOC Communications Center is activated to receive and direct all
event or disaster related communications to appropriate destinations within the
EOC.
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r Ensure that adequate communications operators are mobilized to accommodate
each discipline on a 24-hour basis or as required. Ensure that communications are
established with the Operational Area EOC.
r Ensure that communications links are established with activated EOCs within the
Operational Area, as appropriate.
r Continually monitor the operational effectiveness of EOC communications
systems. Provide additional equipment as required.
r Ensure that technical personnel are available for communications equipment
maintenance and repair.
r Mobilize and coordinate amateur radio resources to augment primary
communications systems as required.
r Keep the Logistics Section Chief informed of the status of communications
systems.
r Prepare objectives for the Communications Branch; provide them to the Logistics
Section Chief prior to the next Action Planning meeting.
r Refer all contacts with the media to the Public Information Branch.
Demobilization Phase:
r Follow the generic Demobilization Phase Checklist.
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Information Technology Branch Coordinator
Responsibilities:
1. Ensure computer resources and services are provided to EOC staff as
required.
2. Oversee the installation of information technology resources within the
City EOC. Ensure that information technology links are established with
the Operational Area EOC.
3. Determine specific computer requirements for all EOC positions.
4. Supervise the Information Technology Branch.
Activation Phase:
r Follow the generic Activation Phase Checklist.
r Based on the situation, activate Information Systems personnel.
r Prepare objectives for the Information Technology Branch; provide them to the
Logistics Section Chief prior to the initial Action Planning meeting.
Operational Phase:
r Ensure that Information Technology Branch position logs and other necessary
files are maintained.
r Keep all sections informed of the status of information technology systems,
particularly those that are being restored.
r Coordinate with all EOC sections/branches/units regarding the use of all
information technology systems.
r Ensure that adequate information technology specialists are mobilized to
accommodate each discipline on a 24-hour basis or as required. Ensure that links
are established with the Operational Area EOC.
r Ensure that e-mail links are established with activated EOCs within the
Operational Area, as appropriate.
r Continually monitor the operational effectiveness of EOC information technology
systems. Provide additional equipment as required.
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r Ensure that technical personnel are available for communications equipment
maintenance and repair.
r Keep the Logistics Section Chief informed of the status of information technology
systems.
r Prepare objectives for the Information Technology Branch; provide them to the
Logistics Section Chief prior to the next Action Planning meeting.
Demobilization Phase:
r Follow the generic Demobilization Phase Checklist.
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Facilities Branch Coordinator
Responsibilities:
1. Ensure that adequate essential facilities are provided for the response effort,
including securing access to the facilities and providing staff, furniture, supplies,
and materials necessary to configure the facilities in a manner adequate to
accomplish the mission.
2. Ensure acquired building, building floors, and or workspaces are returned to their
original state when no longer needed.
3. Supervise the Facilities Branch.
Activation Phase:
r Follow the generic Activation Phase Checklist.
Operational Phase:
r Establish and maintain a position log and other necessary files.
r Work closely with all sections in determining facilities and furnishings required
for effective operation of the EOC.
r Coordinate with branches in the Operations Section to determine if assistance
with facility acquisition and support is needed at the field level.
r Arrange for continuous maintenance of acquired facilities, to include ensuring
that utilities and restrooms are operating properly.
r If facilities are acquired away from the EOC, coordinate with assigned personnel
and designate a Facility Manager.
r Develop and maintain a status board or other reference which depicts the location
of each facility; a general description of furnishings, supplies and equipment at
the site; hours of operation, and the name and phone number of the Facility
Manager.
r Ensure all structures are safe for occupancy and that they comply with ADA
requirements.
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r As facilities are vacated, coordinate with the facility manager to return the
location to its original state. This includes removing and returning furnishings and
equipment, arranging for janitorial services, and locking or otherwise securing the
facility.
r Keep the Logistics Section Chief informed of significant issues affecting the
facilities branch.
Demobilization Phase:
r Follow the generic Demobilization Phase Checklist.
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Personnel/Volunteer Branch Coordinator
Responsibilities:
1. Provide personnel resources as requested in support of the EOC and Field
Operations.
2. Develop an EOC organization chart.
3. Ensure that workers’ compensation claims resulting from the response are
processed within a reasonable time, given the nature of the situation.
4. Oversee all functions of the Emergency Volunteer Center (EVC) and coordinating
all communications with the EOC.
5. Assign an EVC Manager if needed.
6. Acquire and provide supplies for the EVC.
7. Keep the PIO informed of all media requests and activities at the EVC.
8. Given the size and complexity of managing both EOC and EVC personnel,
delegate appropriately so that the branch retains span of control.
9. Supervise the Personnel Branch.
Activation Phase:
r Follow the generic Activation Phase Checklist
r In consultation with the Logistics Section Chief, decide whether a City EVC or
Regional EVC in Campbell will be utilized.
r If a City EVC is to be set up, decide in consultation with the Logistics Section
Chief on the facility to be used.
r If a Regional EVC in Campbell is to be used, decide in consultation with the
Logistics Section Chief which Saratoga paid and volunteer staff will report to that
EVC.
All portions of this checklist that follow assume a City EVC is to be used, and
delegate responsibilities appropriately.
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r Make contact with the EVC facility representative, and conduct a walkthrough of
the facility with that representative to establish the facility’s condition prior to use
r Secure and open the facility for the EVC
r Request staffing and other resources for EVC operations
r Assign and supervise lead EVC staff
r Review set-up and layout procedures and assign staff to set up the EVC.
Operational Phase
r Establish and maintain personnel log and other necessary files.
r In conjunction with the Documentation Branch, develop a large poster size EOC
organization chart depicting each activated position. Upon check in, indicate the
name of the person occupying each position on the chart. The chart should be
posted in a conspicuous place, accessible to all EOC personnel.
r Coordinate with the Liaison Officer and Safety Officer to ensure that all EOC
staff to include volunteers, receives a current situation and safety briefing upon
check-in.
r Coordinate with the Santa Clara County Operational Area EOC to activate the
Emergency Management Mutual Aid System (EMMA), if required.
r Process all incoming requests for personnel support. Identify the number of
personnel, special qualifications or training, where they are needed and the person
or branch they should report to upon arrival. Determine the estimated time of
arrival of responding personnel, and advise the requesting parties accordingly.
r Maintain a status board or other reference to keep track of incoming personnel
resources.
r Coordinate with the Liaison Officer and Security Officer to ensure access,
badging or identification, and proper direction for responding personnel upon
arrival at the EOC.
r Assist the Fire Rescue Branch and Law Enforcement Branch with ordering of
mutual aid resources as required.
r To minimize redundancy, coordinate all requests for personnel resources from the
field level through the EOC Operations Section prior to acting on the request.
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r Ensure that all workers’ compensation claims, resulting from the emergency, are
processed in a reasonable time-frame, given the nature of the situation.
r In coordination with the Safety Officer, determine the need for crisis counseling
for emergency workers; acquire mental health specialists as needed.
r Arrange for child care services for EOC personnel as required.
r In a major incident designate an Assistant Volunteer Branch Coordinator/EVC
Manager.
Demobilization Phase:
r Follow the generic Demobilization Phase Checklists for both the EOC and the
EVC.
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Supplies Branch Coordinator
Responsibilities:
1. Oversee the procurement and allocation of supplies and material not normally
provided through mutual aid channels.
2. Coordinate procurement actions with the Finance Section.
3. Coordinate delivery of supplies and material as required.
4. Supervise the Supply Branch.
Activation Phase:
r Follow the generic Activation Phase Checklist.
Operational Phase:
r Establish and maintain a position log and other necessary files.
r Determine if requested types and quantities of supplies and material are available
in City inventory.
r Determine procurement spending limits with the Purchasing Branch in the
Finance Section. Obtain a list of pre-designated emergency purchase orders as
required.
r Whenever possible, meet personally with the requesting party to clarify types and
amount of supplies and material, and also verify that the request has not been
previously filled through another source.
r In conjunction with the Planning Section Chief, maintain a status board or other
reference depicting procurement actions in progress and their current status.
r Determine if the procurement item can be provided without cost from another
jurisdiction or through the Operational Area.
r Determine Branch costs of supplies and materials, from suppliers and vendors and
if they will accept purchase orders as payment, prior to completing the order.
r Orders exceeding the purchase order limit must be approved by the Finance
Section before the order can be completed.
r If vendor contracts are required for procurement of specific resources or services,
refer the request to the Finance Section for development of necessary agreements.
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r Determine if the vendor or provider will deliver the ordered items. If delivery
services are not available, coordinate pick up and delivery through the
Transportation Branch.
r In coordination with the Personnel Branch, provide food and lodging for EOC
staff and volunteers as required. Assist field level with food services at camp
locations as requested.
r Coordinate donated goods and services from community groups and private
organizations. Set up procedures for collecting, inventorying, and distributing
usable donations. Keep the Logistics Section Chief informed of significant issues
affecting the Supply Branch.
Demobilization Phase:
r Follow the generic Demobilization Phase Checklist.
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Transportation Branch Coordinator
Responsibilities:
1. In coordination with the Public Works Branch Coordinator and the Situation
Status Branch, develop a transportation plan to support EOC operations.
2. Arrange for the acquisition or use of required transportation resources.
3. Supervise the Transportation Branch.
Activation Phase:
r Follow the generic Activation Phase Checklist.
Operational Phase:
r Establish and maintain a position log and other necessary files.
r Routinely coordinate with the Situation Status Branch to determine the status of
transportation routes in and around the City.
r Routinely coordinate with the Publics Works Branch Coordinator to determine
progress of route recovery operations.
r Develop a Transportation Plan which identifies routes of ingress and egress; thus
facilitating the movement of response personnel, the affected population, and
shipment of resources and materials.
r Establish contact with local transportation agencies and schools to establish
availability of equipment and transportation resources for use in evacuation and
other operations as needed.
r Keep the Logistics Section Chief informed of significant issues affecting the
Transportation Branch.
Demobilization Phase:
r Follow the generic Demobilization Phase Checklist.
320
82
Finance/Administration Section Chief
Responsibilities:
1. Ensure that all financial records are maintained throughout the emergency.
2. Ensure that all on-duty time is recorded for all emergency response personnel.
3. Ensure that all on-duty time sheets are collected from EOC assigned personnel
and that departments are collecting this information from Field Level Supervisors
or Incident Commanders and their staff.
4. Ensure there is a continuum of the payroll process for all employees responding to
the emergency.
5. Determine purchase order limits for the procurement function in Logistics.
6. Ensure that all travel and expense claims are processed within a reasonable time,
given the nature of the situation.
7. Provide administrative support to all EOC Sections as required, in coordination
with the Personnel Branch.
8. Activate branches within the Finance/Administration Section as required; monitor
section activities continuously and modify the organization as needed.
9. Ensure that all recovery documentation is accurately maintained during the
response and submitted on the appropriate forms to the Federal Emergency
Management Agency (FEMA) and/or the Governor’s Office of Emergency
Services.
10. Supervise the Finance/Administration Section.
Activation Phase:
r Follow generic Activation Phase Checklists.
r Ensure that the Finance/Administration Section is set up properly and that
appropriate personnel, equipment, and supplies are in place.
r Based on the situation, activate branches within the section as needed and
designate Branch Coordinators for each element:
o Purchasing Branch
o Time Keeping Branch
r Ensure that sufficient staff are available for a 24-hour schedule, or as required.
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83
r Meet with the Logistics Section Chief and review financial and administrative
support requirements and procedures; determine the level of purchasing authority
to be delegated to the Logistics Section.
r Meet with all Branch Coordinators and ensure that responsibilities are clearly
understood.
r In conjunction with Branch Coordinators, determine the initial Action Planning
objectives for the first operational period.
r Notify the Director of Emergency Services when the Finance/Administration
Section is operational.
r Adopt a proactive attitude, thinking ahead and anticipating situations and
problems before they occur.
Operational Phase:
r Ensure that Finance/Administration Section position logs and other necessary
files are maintained.
r Ensure that displays associated with the Finance/Administrative Section are
current, and that information is posted in a legible and concise manner.
r Participate in all Action Planning meetings.
r Brief all Branch Coordinators and ensure they are aware of the EOC objectives as
defined in the Action Plan.
r Keep the Director of Emergency Services, staff, and elected/other officials aware
of the current fiscal situation and other related matters, on an on-going basis.
r Ensure that the all financial records are maintained throughout the emergency for
recovery purposes.
r Ensure that the Time Keeping Branch tracks and records all agency staff time.
r In coordination with the Logistics Section, ensure that the Purchasing Branch
processes purchase orders and develops contracts in a timely manner.
r Ensure that the Time Keeping Branch processes all time-sheets and travel expense
claims promptly.
r Ensure that the Finance/Administration Section provides administrative support to
other EOC Sections as required.
322
84
r Ensure that Accounts Payable tracks travel claims.
Demobilization Phase:
r Follow generic Demobilization Phase Checklist.
323
85
Purchasing Branch Coordinator
Responsibilities:
1. Coordinate vendor contracts not previously addressed by existing approved
vendor lists.
2. Coordinate with the Supplies Branch on all matters involving the need to exceed
established purchase order limits.
3. Supervise the Purchasing Branch.
Activation Phase:
r Follow the generic Activation Phase Checklist.
Operational Phase:
r Establish and maintain position logs and other necessary files.
r Review the City’s emergency purchasing procedures.
r Prepare and sign contracts as needed; obtain concurrence from the Finance
Section Chief.
r Ensure that all contracts identify the scope of work and specific site locations.
r Negotiate rental rates not already established, or purchase price with vendors as
required.
r Admonish vendors as necessary, regarding unethical business practices, such as
inflating prices or rental rates for their merchandise or equipment during disasters.
r Finalize all agreements and contracts, as required.
r Complete final processing and send documents to Budget and Payroll for
payment.
r Verify costs data in the pre-established vendor contracts and/or agreements.
r In coordination with the Logistics Section, ensure that the Purchasing Branch
processes purchase orders and develops contracts in a timely manner.
r Keep the Finance Section Chief informed of all significant issues involving the
Purchasing Branch.
324
86
Demobilization Phase:
r Follow the generic Demobilization Phase Checklist.
325
87
Time Keeping Branch Coordinator
Responsibilities:
1. Track, record, and report all on-duty time for personnel working during the event
or disaster.
2. Ensure that personnel time records, travel expense claims and other related forms
are prepared and submitted to the City budget and payroll office.
3. Supervise the Time Keeping Branch.
Activation Phase:
r Follow the generic Activation Phase Checklist.
Operational Phase:
r Establish and maintain position logs and other necessary files.
r Initiate, gather, or update time reports from all personnel, to include volunteers
assigned to each shift; ensure that time records are accurate and prepared in
compliance with City policy.
r Obtain complete personnel rosters from the Personnel Branch. Rosters must
include all EOC Personnel as well as personnel assigned to the field level.
r Provide instructions for all supervisors to ensure that time sheets and travel
expense claims are completed properly and signed by each employee prior to
submitting them.
r Establish a file for each employee or volunteer within the first operational period;
to maintain a fiscal record for as long as the employee is assigned to the response.
r Keep the Finance/Administration Section Chief informed of significant issues
affecting the Time-Keeping Branch.
Demobilization Phase:
r Follow the generic Demobilization Phase Checklist.
326
88
APPENDIX B
Saratoga EOC Staffing Positions
Management
Position Primary Secondary
EOC Director Dave Anderson Barbara Powell
Legal Officer Richard Taylor Jonathan Wittwer
Liaison Officer Ann Sullivan Debbie Bretschneider
Public Information Officer Crystal Morrow Barbara Powell
Safety & Security Officer Jana Rinaldi OPEN
Agency Representatives
· American Red Cross
· Los Gatos-Saratoga
High School District
· Saratoga Union
School District
· West Valley College
· Other
TBA TBA
Operations
Position Primary Secondary
Operations Section Chief John Cherbone Iveta Harvancik
Fire & Rescue Branch
Coordinator
Santa Clara County Fire
Department
Santa Clara County Fire
Department
Law Enforcement Branch Santa Clara County
Sheriff’s Office
Santa Clara County
Sheriff’s Office
Public Works Coordinator Rick Torres Kevin Meek
Care & Shelter Coordinator Adam Henig OPEN
CERT CERT Representative CERT Representative
Planning/Intelligence
Position Primary Secondary
Planning Section Chief John Livingston Chris Riordan
Damage Assessment
Branch Coordinator
Brad Lind Skyelar McLean
Documentation Branch
Coordinator
Cynthia McCormack Michael Fossati
Situation Status Branch
Coordinator
Patrick Reed OPEN
Logistics
Position Primary Secondary
Logistics Section Chief Claudia Cauthorn Kim Saxton-Heinrichs
IT Branch Coordinator Leo Salindong Rob Balbuena
327
89
Communications Branch
Coordinator
SARA SARA
Facilities Branch
Coordinator
Thomas Scott Francisco Alvarez
Personnel/Volunteer Branch
Coordinator
Monica LaBossiere Leslie Fabila/Pat Cowles
Supplies Branch
Coordinator
Shaheen Sarwari Shawn Gardner
Transportation Branch
Coordinator
Macedonio Nunez Jesus Villalobos
Finance/Administration
Position Primary Secondary
Finance Section Chief Mary Furey
Purchasing Branch
Coordinator
Ann Xu OPEN
Time Keeping Branch
Coordinator
Karen Caselli Julie Ingraham
328
90
Santa Clara County Operational Area EOCs Information
APPENDIX C
Management Operations Planning Logistics Finance PIO Fax Sat. Phone
American
Red
Cross,
Santa
Clara
Valley
Chapter
408-577-
1000
NA NA NA NA NA NA
City of
Campbell
408-364-
2566
408-364-
2564 PD
408-364-
2563 FD
408-364-
2568
408-364-
2562
408-364-
2567
408-364-
2565
NA 408-378-
4639
City of
Cupertino
408-777-
3340
NA NA NA NA NA 408-777-
3333
408-777-
3366
City of
Gilroy
408-847-
1691
408-846-
8244
408-842-
9523
408-842-
0900
408-847-
4003
408-842-
0432
408-847-
0059
City of
Los Altos
650-947-
2867
650-947-
2868
650-947-
2866
650-947-
2866
650-947-
2865
NA 650-947-
2705
City of
Milpitas
408-586-
2550
408-586-
2565 FD
408-586-
2554 PD
408-586-
2570 PW
408-586-
2575 CS
408-586-
2561
408-586-
2552
NA 408-586-
2580
408-586-
2581
City of
Morgan
Hill
408-776-
7390
408-776-
7387
408-776-
7383
408-776-
7384
408-776-
7382
408-776-
7380
408-779-
3117
City of
Mountain
View
650-903-
6450
650-903-
6113
650-903-
6114
650-903-
6115
650-903-
6116
650-903-
6761
650-903-
6813
650-903-
6820
650-903-
6122
City of
Palo Alto
650-329-
2653
650-329-
2137
650-329-
2263
650-329-
2419
650-329-
2419
650-617-
3133
650-617-
3166
City of
San Jose
408-277-
2941
408-277-
2914
408-277-
2912
408-277-
2945
408-277-
4735
408-277-
5131 W
408-921-
1172 C
888-379-
3112 P
NA
City of
Santa
Clara
408-615-
5580
408-615-
5580
408-615-
5580
408-615-
5580
408-615-
5580
408-615-
5580
408-727-
8541
City of
Saratoga
408-867-
8960
408-867-
8967
408-867-
8966
408-867-
8963
408-867-
8964
408-867-
8960
408-867-
8965
877-214-
4618
Management Operations Planning Logistics Finance PIO Fax Sat. Phone
329
91
City of
Sunnyvale
408-730-
7794
408-730-
7792
408-737-
4904
408-730-
7796
408-730-
7798
408-730-
7157
408-749-
0166
San Jose
Water
Company
408-298-
0994
408-298-
0367
408-298-
0365
408-298-
0364
408-298-
3158
408-298-
3158
408-292-
5812
Santa
Clara
County
Main #:
408-808-
7800
408-808-
7890
408-808-
7890
408-808-
7760
408-808-
7770
408-808-
7780
408-808-
7867
408-294-
4786
SCVWD
408-265-
2607…
x2671 x2086 x2086 x2086 x2086 x2086 408-265-
0899
408-279-
4736
Town of
Los Altos
Hills
650-947-
9672
650-941-
4857
650-941-
7249
650-947-
0918
650-947-
9672
NA 650-947-
0918
254-378-
4282
254-378-
4295
Town of
Los Gatos
– City of
Monte
Sereno
408-399-
9977…
x21 x11 FD
x12 PW
x13 PD
x25 x17 x28 x24 408-395-
2128
330
92
Annex D
Earthquake Maps
San Andreas Map
331
93
South Hayward Map
332
94
Calaveras Map
333
95
1906 Great San Francisco Earthquake Present Day Equivalence Map
334
96
Annex E
NIMS Resolution
RESOLUTION NO. 06-
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SARATOGA
ADOPTING THE
NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS)
WHEREAS, the City Council of the City of Saratoga finds that the potential
exists for a major catastrophe due to an earthquake, flood, fire, terrorism other natural or
technological disaster, and
WHEREAS, the City Council has adopted the Standardized Emergency
Management System in accordance with Government Code Section 8607(e) and
established a single operational area pursuant to California Code of Regulations, Title 19,
Section 2409 (b) and (d), and
WHEREAS, the President of the United States of America, in Homeland
Security Presidential Directives – 5 and 8, has directed the Secretary of the Department
of Homeland Security to enhance the ability of state and local governments to respond to
disasters, to improve abilities to deliver assistance, and to establish a single
comprehensive national incident management system, and
WHEREAS, the State of California, through Executive Order S-2-05, has
identified that California state and local emergency management professionals have
contributed their expertise to the development of the new National Incident Management
System and has stated that the Standardized Emergency Management System
substantially meets the objectives of the National Incident Management System, and
WHEREAS, it is essential for responding to disasters and securing the homeland
that federal, state, and local organizations utilize standardized terminology, standardized
organizational structures, interoperable communications, consolidated action plans,
unified command structures, uniform personnel qualification standards, uniform
standards for planning, training, and exercising, comprehensive resource management,
and designated incident facilities during emergencies or disasters;
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE
CITY OF SARATOGA DOES:
1. Authorize the adoption of the National Incident Management System (NIMS) as
the official regulatory guidance for emergency response, preparedness, mitigation,
prevention and recovery within the City of Saratoga.
335
97
PASSED AND ADOPTED by the City Council of the City of Saratoga this 20th day of
December, 2006, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Aileen Kao, Mayor
ATTEST:
Cathleen Boyer, City Clerk
336
98
Appendix F
American Red Cross Shelters – Campbell, Cupertino, Los Gatos, & Saratoga Area
Facility Address City Zip
Code
POC Phone
Campbell Middle School 295 Cherry Lane Campbell 95008 Zimmer,
Susan
408-364-4222
Westmont High School 4805 Westmont
Avenue
Campbell 95008 Espinoza,
Louis
408-626-3406
Cupertino High School 10100 Finch
Avenue
Cupertino 95014 Perry, Leonard 408-366-7300
De Anza College 21250 Stevens
Creek Boulevard
Cupertino 95014 Schulze, John 408-864-5678
Homestead High School 21370 Homestead
Road
Cupertino 95014 Dunn, Carl 408-522-2500
Hyde Middle School 19325 Bollinger
Avenue
Cupertino 95014 Parker,
Stephen
408-252-6290
Kennedy Middle School 821 Bubb Road Cupertino 95014 Shurr, Sonia 408-253-1525
Monte Vista High School 21840 McClellan
Road
Cupertino 95014 Amoral,
Manual
408-366-7600
Quinlan Community Center 10185 N. Stelling
Road
Cupertino 95014 Walter s, Tom 408-777-3120
Calvary Baptist Church 16330 Saratoga
Boulevard
Saratoga 95032 Turner, Matt 408-356-5126
Lakeside Elementary School 19621 Black Road Saratoga 95033 Chrisman,
Bob
408-354-2372
The Church of Jesus Christ of
Latter-Day Saints
15955 Rose Ave Saratoga 95030
Loma Prieta Community Center 23800 Summit
Road
Saratoga 95033 Castaniada,
Henry
408-353-9999
Loma Prieta School 23800 Summit
Road
Saratoga 95033 Castaniada,
Henry
408-353-1123
Saratoga High School 20 High School
Court
Saratoga 95030 Guerra, John 408-354-2730
R.J. Fisher Middle School 19195 Fisher
Avenue
Saratoga 95032 Olds, Ken 408-335-2385
Rolling Hills Middle School 1585 More
Avenue
Saratoga 95032 Gibbs,
Kathleen
408-364-4235
Prospect High School 18900 Prospect
Avenue
Saratoga 95070 Matthews,
Rita
408-626-3408
Redwood Middle School 13925 Fruitvale
Avenue
Saratoga 95070 Green, Kelly 408-867-3042
Saratoga Community Center 19655 Allendale
Avenue
Saratoga 95070 Cauthorn,
Claudia
408-868-1249
Saratoga High School 20300 Herriman
Avenue
Saratoga 95070 Anderson, Jeff 408-867-3411
Southwest YMCA 13500 Quito Road Saratoga 95070 408-370-1877
West Valley College 14000 Fruitvale
Avenue
Saratoga 95070 Hartley, Phil 408-867-2200
337
99
APPENDIX G
Saratoga Emergency Drill/Exercise Record
Date Name of
Drill/Exercise
Type of
Drill/Exercise
(Tabletop,
Functional,
Full Scale, etc.)
External Partners
Participating
Date
Evaluations
Completed
with Lessons
Learned
November
14, 2007
Golden
Guardian
Full Scale 1. California
Office of
Homeland
Security
2. Santa Clara
County OES
3. Santa Clara
County
Public Health
4. Prospect
High School
January 25,
2008
338
100
APPENDIX H
City of Saratoga Emergency Plan Revision Log
Material/Sections Revised Revised By Whom Date Revised
339
101
APPENDIX I
EXTERNAL RESOURCES
PUBLIC SAFETY
Service Agency Phone Website
Fire Services Cal Fire – Santa
Clara Unit HQ
408-779-2121 www.fire.ca.gov
Santa Clara County
Fire
408-378-4010 www.sccfd.org
San Jose Fire 408-277-4444 www.sjfd.org
Law Enforcement Campbell Police
Department
408-866-2121 www.ci.campbell.ca.us/Police
California Highway
Patrol
408-467-5400 www.chp.ca.gov
Los Gatos/Monte
Sereno Police
Department
408-354-8600 www.losgatosca.gov
San Jose Police
Department
408-277-8900 www.sjpd.org
Santa Clara County
Sheriff’s Office
408-808-4900 www.sccsheriff.org
Animal Control San Jose Animal
Control
408-578-7297 www.sanjoseanimals.com
Poison Control California Poison
Action Line
800-222-1222 www.calpoison.org
GOVERNMENT
Jurisdiction Agency Phone Website
Santa Clara County Coroner’s Office 408-793-1900 www.sccgov.org/portal/site/coroner
County
Communications
408-299-3144
408-299-2507
Emergency Medical
Services
408-885-4250 www.sccgov.org/portal/site/ems
Mental Health
Services
408-885-5770 www.sccmhd.org
Office of Emergency
Services (OES)
408-808-7800 www.sccgov.org/portal/site/oes
Public Health 408-792-5163 www.sccgov.org/portal/site/phd
Regional Agencies Association of Bay
Area Governments
(ABAG)
510-464-5163 www.abag.ca.gov
Bay Area Air Quality
Management District
415-771-6000 www.baaqmd.gov
State of California
Cal Fire – Santa
408-779-2121
www.fire.ca.gov
340
102
Clara Unit HQ
Caltrans 510-286-4444 www.dot.ca.gov
Insurance
Commissioner’s
Office
800-927-4357 www.insurance.ca.gov
California
Emergency
Management Agency
916-845-8510 www.oes.ca.gov
Regional Emergency
Operations Center –
Oakland
510-286-0895 **Resource requests to the REOC need to be
routed through the OpArea EOC.
State Operations
Center - Mather
916-845-8911 **Resource requests to the SOC need to be
routed through the OpArea EOC.
United States of
America
Federal Emergency
Management Agency
(FEMA) hotline
800-621-3362 www.fema.gov
Internal Revenue
Service (IRS)
408-817-6747 www.irs.gov
Small Business
Administration
(SBA)
800-659-2955 www.sba.gov
United States
Geological Survey
(USGS) – Menlo
Park
650-329-4002 www.usgs.gov
SCHOOLS
District School Phone Website
Saratoga Union
School District
20460 Forrest Hills
Drive, Saratoga,
California 95070
408-867-3424 www.saratogausd.org
Argonaut Elementary
School
13200 Shadow
Mountain Drive,
Saratoga, California
95070
408-867-4773 www.saratogausd.org/argonaut/
Foothill Elementary
School
13919 Lynde
Avenue, Saratoga,
California 95070
408-867-4036 www.saratogausd.org/foothill/
Saratoga Elementary
School
408-867-3476 www.saratogausd.org/saratoga/
341
103
14592 Oak Street,
Saratoga, California
95070
Redwood Middle
School
13925 Fruitvale
Avenue, Saratoga,
California 95070
408-867-3042 www.saratogausd.org/redwood
Saratoga-Saratoga
Union High School
District
17421 Farley Road
West
Los Gatos, California
95132
408-354-2520 www.lgsuhsd.org
Saratoga High School
20300 Herriman
Avenue, Saratoga,
California 95070
408-867-3411 www.saratogahigh.org
Cupertino Union
School District
10301 Vista Drive,
Cupertino, California
95014
408-252-3000 www.cupertino.ca.campusgrid.net/ho
me
Blue Hills
Elementary School
12300 De Sanka
Avenue, Saratoga,
California 95070
408-257-9282 www.cupertino.ca.campusgrid.net/ho
me
McAuliffe School
12211 Titus Avenue,
Saratoga, California
95070
408-253-4696 www.cupertino.ca.campusgrid.net/ho
me
Campbell Union
High School District
3235 Union Avenue
San Jose, California
95124
408-371-0960 www.cuhsd.org
Other Schools
St. Andrews’s
Episcopal School
13601 Saratoga
Avenue, Saratoga,
California 95070
408-867-3785 www.st-andrews.org
Sacred Heart Catholic
School
408-867-9241 www.school.sacredheartsaratoga.org
342
104
13718 Saratoga
Avenue, Saratoga,
California 95070
LOCAL FAITH BASED ORGANIZATIONS
Name Phone Website
Church of Jesus Christ of Latter Day Saints
19100 Allendale Avenue
Saratoga, California 95070
408-867-1750
Church of the Ascension
12033 Miller Avenue
Saratoga, California 95070
408-725-3939 www.churchoftheascension.net
Congregation Beth David
19700 Prospect Road
Saratoga, California 95070
408-257-3333 www.beth-david.org
Immanuel Lutheran Church
14103 Saratoga Avenue
Saratoga, California 95070
408-867-0822 www.ilcsaratoga.org
Prince of Peace Lutheran Church
12770 Saratoga Avenue
Saratoga, California 95070
408-253-7167 www.propeace.org
Sacred Heart Roman Catholic Church
13716 Saratoga Avenue
Saratoga, California 95070
408-867-3634 www.sacredheartsaratoga.org
Saratoga Federated Church
20390 Park Place
Saratoga, California 95070
408-867-1000 www.saratogafederated.org
Saratoga Presbyterian Church
20455 Herriman Avenue
Saratoga, California 95070
408-867-0144 www.saratogapres.org
St. Andrews Episcopal Church
13601 Saratoga Avenue
Saratoga, California 95070
408-867-3493 www.st-andrews-saratoga.org
St. Archangel Michael Serbian Church
18870 Allendale Avenue
Saratoga, California 95070
408-867-4876 www.saratoga.serbian-church.net
St. Nicholas Orthodox Church
14220 Elva Avenue
Saratoga, California 95070
408-867-0628 www.stnicholassaratoga.org
Westhope Presbyterian Church
12850 Saratoga Avenue
Saratoga, California 95070
408-255-0955 www.westhopepres.org
LOCAL NON-PROFIT AGENCIES
Name Phone Website
American Red Cross, Silicon Valley Chapter 408-577-1000 www.siliconvalley-redcross.org
343
105
Collaborative Agencies Disaster Relief Effort
(CADRE)
408-247-1126
x302
www.vcsv.us/cadre.shtml
Council On Aging Silicon Valley 408-296-8290 www.careaccess.org
Humane Society Silicon Valley 408-727-3383 www.hssv.org
Second Harvest Food Bank of Santa Clara &
San Mateo Counties
408-266-8866 www.2ndharvest.net
United Way Silicon Valley 408-345-4300 www.uwsv.org
NATIONAL NON-PROFITS/VOLUNTARY ORGANIZATIONS ACTIVE IN
DISASTER (VOAD)
Agency Website
Adventist Community Services www.communityservices.org
American Legion www.legion.org
American Red Cross www.redcross.org
Boy Scouts of America www.scouting.org
Catholic Charities www.catholiccharities.org
Church of the Brethren www.brethren.org/genbd/BDM
Church World Service www.churchworldservice.org
Civil Air Patrol www.cap.gov
Habitat For Humanity www.habitat.org/disaster/default.aspx
Humane Society of the United States www.hsus.org
Jewish Family Services www.jfcs.org
Latter Day Charities www.lds.org
Lutheran Disaster Response www.ldr.org
Mennonite Disaster Services www.mds.mennonite.net
Noah’s Wish www.noahswish.org
Salvation Army www.salvationarmyusa.org
Southern Baptist Disaster Relief www.namb.net
Tzu Chi Foundation www.tzuchi.org
United Methodist Committee On Relief www.umcor.org
Voluntary Organizations Active In Disaster www.nvoad.org
MISCELLANEOUS
Service Agency Phone Website
Automobile
Assistance
AAA 800-400-4222 www.csaa.com
Alamo 800-462-5266 www.alamo.com
Avis 800-331-1212 www.avis.com
Budget 800-527-0700 www.budget.com
Enterprise 800-261-7331 www.enterprise.com
Hertz 800-654-3131 www.hertz.com
National 800-227-7368 www.nationalcar.com
Cemetery Madronia Cemetery
District
408-867-3717
Hospitals
344
106
Community Hospital of
Saratoga
815 Pollard Road
Saratoga, California
95030
408-378-6131 www.communityhospitallg.com
Good Samaritan
2425 Samaritan Drive
San Jose, California
95124
408-559-2011 www.goodsamsj.org
Mission Oaks
15400 National Avenue
Saratoga, California
95032
408-356-4111 www.goodsamsj.org
Valley Medical Center
751 S. Bascom Avenue
San Jose, California
95128
408-885-5000 www.svmed.org
Information &
Referral
211 211 www.211scc.org
Sewer West Valley Sanitation
District
408-378-2407
business hours
408-299-2507
non business
hours
www.westvalleysan.org
Cupertino Sanitary
District
408-253-7071 www.cupertinosanitarydistrict.com
Public Mass Transit
Outreach 408-436-2865 www.outreach1.org
Valley Transportation
Authority
408-321-2300 www.vta.org
Taxi & Limousine
Services
Airport Taxi Cab 650-593-1234
Saratoga Taxi Cab 408-855-1234 www.saratogataxicab.com
Yellow Cab 408-666-1051 www.yellowacab.com
Yellow Cab of
Saratoga
408-250-6446 www.yellowcabca.com
Saratoga Limousine 408-365-8500
Telephone Services
AT&T www.att.com
Sprint www.sprint.com
T-Mobile www.tmobile.com
Verizon www.verizon.com
Towing Services Aaron Emergency
Towing
408-335-0308
Courtesy Tow of 408-399-9714
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Saratoga
South Bay Towing 408-354-4838
Utilities PG&E 408-823-5267
(local
representative)
www.pge.com
Waste Disposal West Valley Collection
& Recycling
1333 Oakland Road
San Jose, California
95112
408-283-9250 www.westvalleyrecycles.com
Water Services San Jose Water
Company
408-298-0994 www.sjwater.com
Santa Clara Valley
Water District
408-808-7800 www.valleywater.org
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APPENDIX J
Letter of Promulgation
Approval Date:
To: Officials, Employees, and Citizens of the City of Saratoga
The preservation of life, property, and the environment is an inherent responsibility of
local, state, and federal government. The City of Saratoga has prepared this emergency
operations plan to ensure the most effective and economical allocation of resources for
the maximum benefit and protection of the Community in time of emergency.
While no plan can completely prevent death and destruction, good plans carried out by
knowledgeable and well-trained personnel can and will minimize losses. This plan
establishes the emergency organization, assigns tasks, specifies policies, and general
procedures, and provides for coordination of planning efforts of the various emergency
staff and service elements utilizing the Standardized Emergency Management System
(SEMS), and the National Incident Management System (NIMS).
The objective of this plan is to incorporate and coordinate all the facilities and personnel
of the city into an efficient organization capable of responding to any emergency.
This emergency operations plan is an extension of the California Emergency Plan. It will
be reviewed, exercised periodically, and revised as necessary to meet changing
conditions.
The City Council gives its full support to this plan and urges all officials, employees, and
citizens, individually and collectively, to do their share in the total emergency effort of
the City of Saratoga.
Concurrence of this promulgation letter constitutes the adoption of the Standardized
Emergency Management System and the National Incident Management System by the
City of Saratoga. This emergency operations plan will become effective on approval by
the City Council.
________________________
Mayor, City of Saratoga
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APPENDIX K
City of Saratoga
Local Authorities and References
Municipal Code – Chapter 6
Sections:
6-05.010 Purpose of Article
6-05.020 Emergency Defined
6-05.030 Disaster Council
6-05.040 Director of Emergency Services
6-05.050 Emergency Organization
6-05.060 Emergency Plan
6-05.070 Mutual Aid
6-05.080 Expenditures
6-05.090 Prohibited Acts During Emergency
6-05.010 – Purpose of Article
The3 declared purposes of this Article are to provide for the preparation and carrying out
of plans for the protection of persons and property within the City in the event of an
emergency; the direction of the emergency organization; and the coordination of the
emergency functions of the City with all other public agencies, corporations,
organizations and affected private persons.
6-05.020 – Emergency Defined
As used in the Article, “emergency” shall mean the actual or threatened existence of
conditions of disaster or of extreme peril to the safety of persons and property within the
City caused by such conditions as air pollution, fire, flood, storm, epidemic, riot or
earthquake, or other conditions, including conditions resulting from war or immanent
threat of war, which conditions are or are likely to be beyond the control of the services,
personnel, equipment and facilities of the City, requiring the combined forces of other
political subdivisions to combat.
6-05.030 – Disaster Council
(a) The Disaster Council is hereby created and shall consist of the members of the
City Council. The Mayor shall be chairman. The Mayor pro tem shall be vice-chairman.
(b) It shall be the duty of the Disaster Council, and it is hereby empowered, to
develop and recommend for adoption by the City Council, emergency and mutual aid
plans and agreements and such ordinances, resolutions, rules and regulations as are
necessary to implement such plans and agreements. The Disaster Council shall meet upon
call of the chairman or, in his absence from the City or inability to call such meeting,
upon call of the vice-chairman.
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6-05.040 – Director of Emergency Services
(a) There is hereby created the office of Director of Emergency Services. The City
Manager shall be the Director of Emergency Services. There is hereby created the office
of Assistant Director of Emergency Services, who shall be the Assistant City Manager.
The Assistant Director shall exercise all powers vested by this Article in the Director in
the event of the absence or incapacitation of the Director.
(b) The Director of Emergency Services is hereby empowered to:
(1) Request the City Council to proclaim the existence of a “local emergency” if
the City Council is in session, or to issue such proclamation if the City Council is not in
session. Whenever a local emergency is proclaimed by the Director, the City Council
shall take action to ratify the proclamation within seven days thereafter or the
proclamation shall have no further force or effect.
(2) Request the governor to proclaim a “state of emergency” when, in the opinion
of the Director, the locally available resources are inadequate to cope with the
emergency.
(3) Develop emergency plans with the assistance of emergency service chiefs for
consideration by the Disaster Council and manage the emergency the emergency
programs of the City.
(4) Control and direct the effort of the emergency organization of the City for the
accomplishment of the purposes of this Article.
(5) Direct cooperation between and coordination of services and staff of the
emergency organization of the City and resolve questions of authority and responsibility
that may arise between them.
(6) Represent the City in all dealings with public or private agencies on matters
pertaining to emergencies as defined herein.
(c) In the event of the proclamation of a “local emergency” as herein provided,
the proclamation of a “state of emergency” by the governor or the director of the State
Office of Emergency Services (changed in 2009 to the California Emergency
Management Agency, or CalEMA), or the existence of a “state of war emergency,” the
Director of Emergency Services is hereby empowered to”
(1) Make and issue rules and regulations on maters reasonably related to the
protection of life and property as affected by such emergency; provided, however, that
such rules and regulations shall be confirmed or modified at the earliest practicable time
by the City Council.
(2) Obtain vital supplies, equipment and other such properties found lacking and
needed for the protection of life and property and to bind the City for the fair value
thereof and, if required immediately, to commandeer the same for public use.
(3) Require emergency services of any City officer or employee and, in the event
of the proclamation of a “state of emergency” in the County or the existence of a “state of
war emergency,” to command the aid of as many citizens of the City as he deems
necessary in the execution of his duties. Such persons shall be entitled to al privileges,
benefits and immunities as are provided by State law for registered disaster service
workers.
(4) Requisition necessary personnel or material of any City department or agency.
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(5) Execute all his ordinary powers as City Manager, all of the special powers
conferred upon him by this Article or by resolution or emergency plan pursuant hereto
adopted by the City Council, all powers conferred upon him by any statute, by an
agreement approved by the City Council and by any other lawful authority.
(d) The Director of Emergency Services shall designate the order of succession to
that office, to take effect in the event the Director is unavailable to attend meetings and
otherwise perform his duties during an emergency. Such order of succession shall be
approved by the City Council.
(e) The Assistant Director shall, under the supervision of the Director and with the
assistance of emergency service chiefs, develop emergency plans and manage the
emergency programs of the City and shall have such other powers and duties as may be
assigned by the Director.
6-05.050 – Emergency Organization
The emergency organization of the City shall consist of all officers and employees of the
City, together with those volunteer forces enrolled to aid them during an emergency, and
all groups, organizations and persons who may, by agreement or operation of law, be
charged with duties incident to the protection of life and property in the City during such
emergency, including persons impressed into service under the provisions of Subsection
6-05.040(c)(3) of this Article.
6-05.060 – Emergency Plan
The Disaster Council shall be responsible for the development of the City emergency
plan, which plan shall provide for the effective mobilization of all the resources of the
City, both public and private, to meet any condition constituting a “local emergency,”
“state of emergency” or “state of war emergency;” and shall provide for the organization,
powers and duties, services and staff of the emergency organization. Such plans shall be
adopted by resolution of the City Council.
6-05.070 – Mutual Aid
It is the purpose of the City Council in enacting this Article to facilitate the rendering of
mutual aid to and for the people of the City. Emergency plans adopted and approved by
the City Council shall provide for the interchange of mutual aid and for coordination with
the emergency plans of the County.
6-05.080 – Expenditures
Any expenditures made in connection with emergency activities, including mutual aid
activities, shall conclusively be deemed to be for the direct protection and benefit of the
inhabitants and property of the City.
6-05.090 – Prohibited Acts During Emergency
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It shall be unlawful and shall constitute a misdemeanor for any person, during an
emergency to:
(a) Willfully obstruct, hinder or delay any member of the emergency
organization in the enforcement of any lawful rule or regulation issued
pursuant to this Article, or in the performance of any duty imposed upon
him by virtue of this Article.
(b) Do any act forbidden by any lawful rule or regulation issued pursuant to
this Article.
(c) Wear, carry or display, without authority, any means of identification
specified by the emergency agency of the State.
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APPENDIX M
SARATOGA CRITICAL HAZ MAT LOCATIONS
Business Name Address Facility Type/Hazard Contact
Name
Phone
Compugraphics 120
Albright
Way
Computer Board Assembly –
Corrosive liquids & flammable
gas
Ron
Almaguer
408-341-
1600
Saratoga City
Corporation Yard
41 Miles
Road
Fuel Storage & Maintenance –
Assorted Maintenance Chemicals
Bruce
Smith
408-399-
5770
Peninsula
Histopathology
160
Albright
Way
Laboratory – Flammable Liquid
Storage
Mike
Panganiban
408-866-
8377
Rinconada Golf
Maintenance Yard
17445
Zena
Avenue
Fuel & Chemical Storage –
Assorted Maintenance Chemicals
– Fertilizers & Pesticides
Keith
Beamer
408-395-
6305
Rinconada Water
Treatment Plant
400 More
Avenue
Potable Water Bulk Chemical
Storage
Paul
Thomas
408-265-
2607
City Plaza Vault 15
Montebello
Way
Pool Chemical Storage Vault –
Confined Space
Bruce
Smith
408-399-
5770
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ANNEX N
MEDIA CONTACTS
Newspapers
Name Phone Fax E-Mail
Campbell Express 408-374-9700 408-374-0813 news@campbellexpress.com
Campbell Times 408-494-7078 julie@timesmediainc.com
El Observador 408-938-1700 spanish.editor@el-
observador.com
La Oferta 408-436-7850 frank@laoferta.com
Metro 408-298-8000 408-298-0602 letters@metronews.com
Nikkei West 408-998-0920 editor@nikkeiwest.com
San Francisco Chronicle 415-777-7102 415-896-1107 metro@sfchronicle.com
San Jose Mercury News
Mark Gomez
Dennis Akizuki
408-920-5444
408-920-5869
408-920-5916
408-288-8060 local@mercurynews.com
mgomez@mercurynews.com
dakizuki@mercurynews.com
Saratoga News 408-354-3110 408-354-3917 bbabcock@community-
newspapers.com
Silicon Valley/San Jose
Business Journal
sanjose@bizjournals.com
Sing Tao Daily 408-907-8200 derek@singtaousa.com
World Journal 408-873-3233 jameswang@chinesenews.com
Radio
Name Phone Fax E-Mail
KCBS 415-474-5227 415-764-4080 kcbscomments@kcbs.com
KGO
San Jose Bureau
415-954-8142
408-293-4616
415-954-8686
408-287-1329
producers@abc-sf.com
KLIV 408-289-8864
408-575-1600
klivnews@earthlink.net
KNEW 415-356-5500 415-273-1191 knewnews@clearchannel.com
Television
Name Phone Fax E-Mail
KTVU (2)
South Bay Bureau
510-451-0182
408-383-0220
510-874-0242
408-383-0550
newstips@ktvu.com
lloyd.lacuesta@ktvu.com
KRON (4) 415-561-8905 415-561-8136 4listens@kron4.com
KPIX (5) 415-765-8610 415-765-8916 newsdesk@kpix.com
kpixnewsassign.editors@cbs.com
KGO (7) 415-954-7926 415-956-6402 kgotv.desk@abc.com
KNTV (11) 408-432-4780 408-432-4425 newstips@nbcbayarea.com
newstips@nbc11.com
KDTV (Univision 14) 415-538-8014 415-538-8002 noticias14@univision.net
KSTS (Telemundo 48) 408-435-0327 408-434-1046
KSAR (408) 408-741-2108 ksar@ksar15.org
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Wire
Name Phone Fax E-Mail
Associated Press
San Francisco Bureau
San Jose Bureau
415-495-1708
408-293-2324
415-495-4967
408-293-2005
sanfrancisco@ap.org
Bay City News Service
San Jose Bureau
415-552-8900
408-287-3639
415-552-8912
408-294-7745
baycitynews@pacbell.net
bcnsj2@pacbell.net
Shadow Broadcast
Services
415-777-2181 415-777-2175
415-777-2151
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APPENDIX O
VOLUNTEER MANAGEMENT
Volunteer Management in Saratoga is simple in concept, but a very large and difficult
task in implementation. Disaster volunteers consist of two groups:
1. There are two organized, systematic volunteer groups in Saratoga: RACES and
CERT. Each group meets and prepares continuously, and conducts events to hone
their skills in anticipation of a disaster. They are already sworn as DSW’s and
merely need to be activated and will go to work independently.
2. From experience it is well known that untrained and unorganized volunteers will
step forward during a disaster. These spontaneous volunteers will step forward en
masse and they need to be welcomed because they represent a significant and
valuable resource. This is a case of Saratogans wanting to help their City in a time
of great duress and crisis and their efforts must be recognized and commended. It
is handling this potentially large group of people in a stressful environment that
can become difficult. The following represents a brief explanation of spontaneous
volunteer management that is described much more thoroughly in the County’s
“Emergency Volunteer Resource Kit”.
a. Spontaneous volunteer management must not be conducted at or near the
EOC. This task is instead to be done at an Emergency Volunteer Center
(EVC), which is planned to be set up either locally at the Saratoga
Community Center or regionally at the Campbell Community Center.
b. Spontaneous volunteers must be processed in an organized fashion that
includes:
1. an interview to ascertain an individuals skills and interests
2. the City’s needs at that time
3. the legal swearing in of the volunteer as a Disaster Service Worker
4. identification of transportation to the location where work is to be done
5. communications between the EOC, the EVC, and the potential worksite
so that personnel resources are deployed without mistakes
6. the ability to recognize not only what a potential volunteer can do, but
even more importantly what they cannot, or should not, do from a safety
perspective
c. Once volunteers have been interviewed, processed, and assigned to a work
location, it is essential that before deployment the EVC is able to
guarantee that the volunteer has been properly registered, trained (or will
be trained at the work location), and supervised. By doing this properly the
City is protected, and the volunteer will enjoy an experience that is both
beneficial to the City and satisfying to the individual.
d. Spontaneous volunteer management will be done collaboratively not only
on the West Valley Regional level with a potential regional EVC in
Campbell (serving Campbell, Los Gatos, Monte Sereno, Saratoga, and
Cupertino), but also on a countywide level through the County EOC in
San Jose, giving Saratoga both the ability to send and receive spontaneous
volunteers to the rest of the County as appropriate.
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e. The Personnel/Volunteer Branch Coordinator, the Logistics Section Chief,
and the Director of Emergency Services will need to decide early in the
response to a major incident what kind of EVC to establish – a local EVC
in Saratoga or a regional EVC in Campbell. Factors they’ll consider are
whether Saratoga is able to staff an EVC independently, whether
Campbell is able to set up a regional EVC, and whether Saratogans would
travel to Campbell only to return to Saratoga as volunteers, thus including
a wasted and potentially hazardous trip in the process.
f. The City employees assigned to manage volunteers also are assigned to
manage the other City employees with their needs and demands during a
response, thus placing an extraordinarily heavy load on these personnel.
To alleviate this load, both CERT and RACES personnel have been
trained in EVC management and will be assigned to assist the City
employees with this responsibility. It is only with employees and trained
volunteers preparing together before disaster that the City will
successfully manage the spontaneous volunteers during the disaster.
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