HomeMy WebLinkAbout11-02-2011 City Council Packet SupplementalAGENDA
SPECIAL MEETING
SARATOGA CITY COUNCIL
NOVEMBER 2, 2011
SPECIAL MEETING — 5:00 P.M. ADMINISTRATIVE CONFERENCE ROOM,
13777 FRUITVALE AVENUE.
CALL MEETING TO ORDER — 5:00 P.M.
REPORT OF CITY CLERK ON. POSTING OF AGENDA
(Pursuant to Gov't. Code 54954.2, the agenda for this meeting was properly posted on
October 27, 2011)
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.
COUNCIL DIRECTION TO STAFF
Instruction to Staff regarding actions on current Oral Communications.
1. LIBRARY COMMISSION INTERVIEWS — 5:00 P.M.
APPLICANT
TIME
Jill Whitcomb '
5:05
Steven Schlosser
5:10
David Elgart
5:15
Joyce Gross
5:20
ADJOURN TO CLOSED SESSION — 5:30 P.M.
ANNOUNCEMENT OF CLOSED SESSION ITEMS
CONFERENCE WITH LABOR NEGOTIATORS (Gov't Code Section 54957.6)
1
A. Employee organizations: Saratoga Management Association, Saratoga Employees
Association, and/or the Northern California Carpenters Regional Council,
Carpenters Forty Six Counties Conference Board
Agency designated representatives: Deanna Mouser, Monica LaBossiere, Dave
Anderson
B. Unrepresented employee: City Manager
Agency designated representatives: Catherine Engberg, Deanna Mouser
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 City Clerk 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, if you need assistance to
participate in this meeting, please contact the City Clerk at 408/868 -1269. Notification
24 hours prior to the meeting will enable the City to make reasonable arrangements to
ensure accessibility to this meeting. [28 CFR 35.102- 35.104 ADA title 11]
Certificate of Posting of Agenda:
1, Ann Sullivan, City Clerk for the City of Saratoga, declare that the foregoing agenda for
the meeting of the City Council was posted on October 27, 2011, at 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 27`hday of October 2011 at Saratoga, California.
Ann Sullivan, CMC
City Clerk
2
NAME
CITY OF SARATOGA
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CITY OF SARATOGA
REQUEST TO ADDRESS THE CITY COUNCIL
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TIME OF DAY CARD IS FILLED OUT:
AGENDA
REGULAR MEETING
SARATOGA CITY COUNCIL
WEDNESDAY, NOVEMBER 02, 2011
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
October 27, 2011)
REPORT FROM CLOSED SESSION
COMMUNICATIONS FROM COMMISSIONS & PUBLIC
Oral Communications on Non - Agendized Items
Any member of the public will be allowed to address the City Council for up to three (3)
minutes on matters not on this agenda. The law generally prohibits the council from
discussing or taking action on such items. However, the Council may instruct staff
accordingly regarding Oral Communications under Council Direction to Staff.
Oral Communications - Council Direction to Staff
Instruction to Staff regarding actions on current Oral Communications.
Communications from Boards and Commissions
Council Direction to Staff
Instruction to Staff regarding actions on current Communications from Boards &
Commissions.
ANNOUNCEMENTS
CEREMONIAL ITEMS
1. Tobacco Free Coalition of Santa Clara County Recognition of City of Saratoga
Recommended action:
Accept recognition from Tobacco Free Coalition of Santa Clara County.
SPECIAL PRESENTATIONS
2. Presentation by Local Agency Formation Commission (LAFCO)
Recommended action:
Watch a short presentation given by Neelima Palacherla, LAFCO representative,
regarding the Saratoga Fire Protection District and provide input to LAFCO.
CONSENT CALENDAR
The Consent Calendar contains routine items of business. Items in this section will be
acted in one motion, unless removed by the Mayor or a Council member. Any member of
the public may speak to an item on the Consent Calendar at this time, or request the
Mayor remove an item from the Consent Calendar for discussion. Public Speakers are
limited to three (3) minutes.
3. City Council Regular Meeting Minutes — October 19, 2011
Recommended action:
Approve minutes.
4. Treasurer's Report for the Month Ended September 30, 2011
Recommended action:
Review and accept the Treasurer's Report for the month ended September 30, 2011.
5. Review of Accounts Payable Check Registers
Recommended action:
That the City Council review and accept check registers for the following accounts
payable payment cycles:
October 13, 2011
October 20, 2011
6. Subdivision Improvement Agreement Amendment
Recommended action:
1. Approve Amendment to the Subdivision Improvement Agreement between Warren
A. Sturla and the City of Saratoga.
2. Authorize the City Manager to execute the Subdivision Improvement Agreement
Amendment.
7. Council Resolution to Adopt Memorandum of Understanding for the Saratoga
Employee Association (SEA)
Recommended action:
Adopt the Memorandum of Understanding between the City of Saratoga and Saratoga
Employee Association (SEA) July 1, 2011 to June 30, 2015.
8. Council Resolution to Adopt Memorandum of Understanding for the Saratoga
Management Organization (SMO)
Recommended action:
Adopt the Memorandum of Understanding between the City of Saratoga and Saratoga
Management Organization (SMO) July 1, 2011 to June 30, 2015.
9. Council Resolution to Approve Employment Policy for Unrepresented Human
Resources Manager Monica LaBossiere ( "LaBossiere ")
Recommended action:
Approve the terms and conditions contained in said Resolution for Salary and Benefit
Agreement for Unrepresented Human Resources Manager effective July 1, 2011.
10. Council Resolution to Approve Agreement for Employment of City Manager David
Anderson ( "Anderson ")
Recommended action:
Approve the terms and conditions contained in said Agreement for Employment
between Anderson and the City effective November 2, 2011.
PUBLIC HEARINGS
None
OLD BUSINESS •
None
NEW BUSINESS
11. Extension of Preannexation Agreement for 19351 Redberry Drive (APN 510 -25 -062)
Recommended action:
Authorize City Attorney to extend the term of the Preannexation Agreement for the
property located at 19351 Redberry Drive (APN 510 -25 -062), an approximately 1.39
(gross) acre parcel contiguous with the limits of the City of Saratoga and within the
City's Sphere of Influence and Urban Service Boundaries, from November 4, 2011 to
February 2, 2012.
12. Sign Ordinance Update
Recommended action:
Provide input to staff.
ADHOC & AGENCY ASSIGNMENT REPORTS
Mayor Howard Miller
City School Ad -Hoc
Council Finance Committee
Hakone Foundation Executive Committee
Santa Clara County Cities Association
SCC Cities Association Selection Committee
Valley Transportation Authority PAC
West Valley Mayors and Managers Association
West Valley Solid Waste Management Joint Powers Association
Vice Mayor Chuck Page
City School AdHoc
Council Finance Committee
Hakone Foundation Board
Let's Move City
Mayor /Vice Mayor Oath of Office
Santa Clara Valley Water District Commission
Saratoga Ministerial Association
TEA AdHoc
West Valley Sanitation District
Councilmember Jill Hunter
Historical Foundation
KSAR Community Access TV Board
SASCC
Tree AdHoc
Village AdHoc
West Valley Flood Control & Watershed Advisory Committee
Councilmember Emily Lo
Association of Bay Area Government
Carlson House Restoration AdHoc
Electric Vehicle Charging Stations AdHoc
Highway 9 AdHoc
Library Joint Powers Association
Sister City Liaison
Village AdHoc
Councilmember Manny Cappello
Carlson House Restoration AdHoc
Chamber of Commerce
County HCD Policy Committee
Electric Vehicle Charging Stations AdHoc
Highway 9 AdHoc
Let's Move City
Mayor /Vice Mayor Oath of Office
Santa Clara County Emergency Council
TEA AdHoc
Tree 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 City Clerk at 13777 Fruitvale Avenue, Saratoga, CA 95070. Note that copies of
materials distributed to the City Council concurrently with the posting of the agenda are also
available on the City Website at www.saratoga.ca.us. Any materials distributed by staff after the
posting of the agenda are made available for public review at the office of the City Clerk at the
time they are distributed to the City Council.
In compliance with the Americans with Disabilities Act (ADA), if you need special
assistance to participate in this meeting, please contact the City Clerk at (408) 868 -1269.
Notification 48 hours prior to the meeting will enable the City to make reasonable
arrangements to ensure accessibility to this meeting (28 CFR 35.102- 35.104 ADA Title
11)
Certificate of Posting of Agenda:
1, 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 October 27, 2011,
at 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 27th day of October 2011 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
CITY OF SARATOGA
CITY COUNCIL MEETING CALENDAR 2011
11/2 Regular Meeting —Joint meeting with Saratoga Ministerial Association
11/16 Regular Meeting — Joint meeting with Assemblymember Jim Beall, Jr.
12/6 Council Reorganization
12/7 Regular Meeting -- Joint meeting with Heritage Preservation Commission
and Historical Foundation
12/21 Regular Meeting —no joint meeting
Memo
To: Mayor Howard Miller,
Vice Mayor Chuck Page,
Councilmember Jill Hunter
Councilmember Emily Lo
Councilmember Manny .pell
From: Ann Sulliv
Date: November 2, 2
Re: Agenda Item 9 — Council Resolution to Approve Employment
Policy for Unrepresented Human Resources Manager Monica
Labossiere ( "LaBossiere ")
City of Saratoga
Office of City Clerk
The attached amended staff report and resolution reflect the changes to the
original staff report and resolution that was provided in the October 27,
2011 council packet.
Please note — the title to Agenda Item 9 has been changed to the following:
Council Resolution to Approve Employment Policy for Unrepresented
Regular, Benefited Full -Time Non - Management, Mid - Management, and
Management Employees (Amended November 1, 2011)
In addition, the title to the Resolution has been changed to reflect the above
noted change as well. Additional changes have been made in the staff
report background as well as in the resolution.
Thank you.
�ww s Wilma w
Ann Sullivan, CMC
City Clerk
SARATOGA CITY COUNCIL
MEETING DATE: November 2, 2011
DEPARTMENT: City Attorney
PREPARED BY: Deanna Mouser
Attorney, Chief Negotiator
AGENDA ITEM:
CITY MANAGER: Dave Anderson
DIRECTOR: Catherine Engberg
Acting City Attorney
SUBJECT: Council Resolution to Approve Employment Policy for Unrepresented
Regular, Benefited Full -Time Non - Management, Mid - Management, and
Management Employees (Amended November 1, 2011)
RECOMMENDED ACTION:
Approve the terms and conditions contained in said Resolution for Employment Policy for
Unrepresented Regular, Benefited Full -Time Non - Management, Mid - Management, and
Management Employees which is attached hereto and made a part hereof.
BACKGROUND:
The City's unrepresented classifications are unrepresented, which means incumbents do not
engage in collective bargaining with the City on matters related to wages, benefits and other
terms and conditions of employment.
Unrepresented employees are those employees who after completion of the City's mandatory 12-
month probationary period become regular, benefited full -time employees.
Unrepresented employees are subject to the City's Personnel Rules and Policies adopted by the
City Council and are subject to the terms and conditions in said Resolution. Subsequent
modifications to the City's personnel rules and policies and resolutions adopted by the City
Council are applicable to such unrepresented, regular, full -time employees.
The following is a summary of short and long -term key issues that unrepresented employees are
subject to:
Retirement: Effective July 1, 2011, unrepresented employees will contribute 7% of his /her
compensation on a pre -tax basis for the employee's seven (7) percent fixed share of the Ca1PERS
defined benefit retirement program. Pension reform includes a 2 -tier retirement plan for
employees hired after the City completes the PERS- required process. These employees will be
provided a 2%@60 defined benefit retirement formula with a three (3) year average of salary as
part of the retirement calculation.
Page 1 of 2
Medical Insurance Premiums: Medical insurance premium costs for employees continue to grow
year after year at rates that exceed the city's revenue growth. For employees hired after July 1,
2011, the City's contribution for medical insurance will be a specific amount set for each tier of
coverage, with the employee paying the amount above the City's contribution level. ($600 for
employee only, $1200 for employee and one dependent, and $1500 for employee and two or
more dependents).
Elimination of Longevity Pay: For employees hired after July 1, 2011, the performance incentive
compensation program rewarding longevity will be eliminated.
Paid Time Off (PTO) Cap: The City will enforce its PTO cap.
Public Accountability: Administrative Leave and PTO will be taken by exempt (salaried)
employees and tracked in increments of one hour or more in a workday.
FISCAL IMPACTS:
In Fiscal Year 2011 -12, the annual savings is approximately $9,756.66. These savings are
cumulative and additional savings will be realized in future years.
CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS:
Current terms and conditions of employment for unrepresented employees would remain
unchanged.
ALTERNATIVE ACTION(S):
N/A
FOLLOW UP ACTION(S):
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda
item and was included in the packet made available on the City's website in advance of the
meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each
Monday in advance of the Council meeting.
ATTACHMENTS:
1. Resolution
Page 2 of 2
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
APPROVING EMPLOYMENT POLICY
FOR UNREPRESENTED REGULAR, BENEFITED FULL -TIME
NON - MANAGEMENT, MID - MANAGEMENT, AND MANAGEMENT EMPLOYEES
WHEREAS, the City's Unrepresented Classifications are unrepresented, which means incumbents do not
engage in collective bargaining with the City on matters related to wages, benefits and other terms and conditions of
employment; and
WHEREAS, Unrepresented Employees are those employees who after successful completion of the City's
mandatory 12 -month probationary period, become regular, benefited full -time employees; and
WHEREAS, Unrepresented Employees are subject to the City's Personnel Rules and Policies adopted by the
City Council and are subject to the terms in this Resolution (except as modified by subsequent personnel rules and
policies and resolutions, if any, applicable to such an unrepresented, regular, full -time employee); and
WHEREAS, Unrepresented Employees shall receive an annual cost -of- living adjustment on July I of each fiscal year
of no less than one percent (1%) and no greater than two and one -half percent (2.5 %) as based upon the annual average for the
12 month period of January 1 to December 31 of the U.S. Department of Labor, Bureau of Labor Statistics, "All Urban
Consumers (CPI -U)" for the "San Francisco - Oakland -San Jose" region; and
WHEREAS, Unrepresented Exempt (Salaried) Employees must take Paid Time Off (PTO) in increments of one
(1) hour or more in a work day; and
WHEREAS, A PTO Cash -Out Option will not be made available other than at the time of termination, except
for the optional PTO cash -out plan as follows: If an employee has used the required minimum 80 accrued hours of PTO
in the prior fiscal year, the employee is eligible to cash out up to a maximum of 200 accrued hours of PTO per fiscal year
on approximately September 1 and /or March 1. An employee must maintain a minimum balance of 200 hours of accrued
PTO after the cash out; and
WHEREAS, Effective July 1, 2011 Mid - Management and Management Unrepresented Exempt (Salaried)
Employees will receive 65 hours of administrative leave each July 1 which must be taken in increments of one (1) hour
or more in a work day (see the City's adopted personnel rules and policy, Article VI. Employee Benefits, Section 4.
Administrative Leave); and
WHEREAS, For any unrepresented employee hired on or after July 1, 2011, the City will provide a monthly health
insurance contribution as follows: $600.00 for employee -only coverage, $1,200 for employee plus one dependent coverage, and
$1,500 for employee plus two or more (family) coverage. If an employee selects a health insurance plan with a monthly
premium above the City contribution, the employee will pay the amount above the City contribution as a pre -tax payroll
deduction; and
WHEREAS, Effective July 1, 2011, each unrepresented employee will contribute 7% of his /her compensation
on a pre -tax basis for the employee's seven (7) percent fixed share of the CaIPERS defined benefit retirement program
and unrepresented employees hired after the City's adoption of the 2 -tier retirement plan will participate in the 2 -tier
defined benefit retirement plan of 2 % @60 with a three (3) year average salary as part of the retirement calculation; and
WHEREAS, this Council finds that the provisions and agreements contained in said
Resolution are fair and proper and in the best interest of the City; and
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Saratoga the terms and conditions
contained in said Resolution for Unrepresented Employees is hereby adopted.
The above and foregoing resolution was passed and adopted by the Saratoga City Council at a regular meeting held on the 2 "d
day of November 2011, by the following vote:
AYES:
NAYES:
ABSTAIN:
ABSENT:
Howard A. Miller, Mayor
ATTEST:
DATE:
Ann Sullivan,
City Clerk
Saratoga City Council Meeting
November 2, 2011
■17iLAFCO
Independent special district with 3- member ;elected
Board of Directors,'
Established in 1924
Serves 12 square miles a portion of the Cityyof
Saratoga and,adtacent unincorporated lands
•
Includes a population of 14,300
Completely surrounded by jhe Central Fire District=
SARATOGA FIRE DISTRICT
Contracts with Central Fire Distract forll its sevie
Management Agreement in 2005
sFull service contract�n`2008" , a"
Does not currently have employees r E
Does'not provide any services other than through
the contract'
Receives apprdx �$5Me�n property tax revenues
about 96% isfor the service contract
1
2010 COUNTYWIDE FIRE SERVICE. REVIEW
ECOMMENDATIONST
Dissolution of Saratoga iFire District°and annexation to
Central Fire District would result in�,a
Potential reduction of $118,000 in annual
administrative costs
Singleeagency goveminTfire service in the City of
Saratoga
No'change in level of current service
`Does not affect. employees ',firefighters
emove anypublic oc nfusion regarding
governance
Zero sphereof influence for Saratoga Fire District
DISSOLUTION & ANNEXATION PROCESS
. LAFCO INITIATION AND DETERMINATIONS
AFCO MAY INITIATE IFS
Theiproposal is consistent` with a recommendation or
conclusion in a study suchas a Service Review, a
sphere of influencezupdate or a special study
AN
The'Commission:makes thefollowingtwo,findings, ry
• Public service costs of proposal are likely to be less than'or�„
substantially similar to the costs of alternative means of µii:
pro viding' "sernce ;
o < proposa promotes�pubiic access andaccountabiiity for
4
community serv[ces needsantl financial resources ..
2010 COUNTYWIDE FIRE SERVICE REVIEW
December 2010 L CO aadopted the sseervlce leview..
report�and updated the Sphere of�Influence
Spring and Summer 2011: LAFCO staff met w h
County Central Fire district acid Saratoga Fire district
and prepared information on process -�
August ,,2011 AB 912 allowing streamlined dissolution
process was signed`into law
October 2011. °LAFCO directed staff to provide
informational presentation to the Sa ratogalCity Council',
DISSOLUTION & ANNEXATION PROCESS
2. PROPERTY TAX EXCHANGE
o L Board of Supervisors must establish the amount of
property tax transfer between theaffected districts;
It is expected hat r ,
The,Centrai Fire District will receive the. same portion of9the
196 tax allocation asthe Saratoga Fire Distnct was receiving
Nia other agency *ould poe'affeOecf by this transfer t g
2
DISSOLUTION & ANNEXATION PROCESS.
3. LAFCO PUBLIC HEARING
Noticed LAFCO public hearing ;to consider the proposal
for dissolution and annexation
LAFCO may approve „deny or approve with terms and
conditions „-
Set date for protest proceeding and provide notice
DISSOLUTION & ANNEXATION PROCESS
5. ELECTION MAY BE REQUIRED
1FWRITTEN PROTEST,IS SUBMITTED'BY:-
By at least 10% of number
of landowners within any
affected district within the
affected territory who own
at least 10% of the
assessed value of land
within the territory
At least 10% of the voters
entitled to vote as a result
of residing within, or owning
land within, any affected
district within the affected
territory,..
[GC §57113(a)(1) & (b))
ELECTION
Order proposal subject to election
DISSOLUTION & ANNEXATION PROCESS
4. PROTEST PROCEEDING
By 50% or more of the voters
residing in he territory
(GC §570781
That does not meet the
requirements in GC §57113
[GC §56854(a)(3)]
QUESTIONS?
Neelima, Palacheria LAFCO Executive Oficf
y(408) 299 5127 neelima.palacherla @ceo sccgov.o
Dunla Noel ;LAFCOAnalyst
(408) 2299 51480; :dunia nnoel @ceo'sccgov oorg
3
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November 2010
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