LAFCO
Special Districts Service Review: Phase 1
Read the report at Rancho Rinconada Recreation and Park District ↗
TABLE OF CONTENTS
S P E C I A L D I S T R I C T S
S E RV I C E R E V I E W : P H A S E 1
Rancho Rinconada Recreation and Park District
Santa Clara County Lighting Service Area
Santa Clara County Vector Control District
Saratoga Cemetery District
South Santa Clara Valley Memorial District
Santa Clara Valley Transportation Authority
Adopted June 5, 2013
Prepared for the
Local Agency Formation Commission of Santa Clara County
Prepared by
Policy Consulting Associates, LLC.
2011 COUNTYWIDE WATER SERVICE REVIEW i
LAFCO OF SANTA CLARA COUNTY
TABLE OF CONTENTS
TA BL E OF CON TEN TS
TABLE OF CONTENTS ............................................................................................................................................ I
LIST OF FIGURES ................................................................................................................................................. VII
ACRONYMS ............................................................................................................................................................. IX
PREFACE ................................................................................................................................................................. XI
CONTEXT .............................................................................................................................................................. XI
CREDITS ................................................................................................................................................................ XI
BACKGROUND .......................................................................................................................................................... 2
LAFCOS, SERVICE REVIEWS, AND SPHERES OF INFLUENCE ..................................................................................... 2
SERVICE REVIEW PROCESS AND METHODOLOGY ...................................................................................................... 9
1. RANCHO RINCONADA RECREATION AND PARK DISTRICT .......................................................... 13
AGENCY OVERVIEW ................................................................................................................................................ 13
ACCOUNTABILITY AND GOVERNANCE ..................................................................................................................... 17
MANAGEMENT AND STAFFING ................................................................................................................................ 19
POPULATION AND PROJECTED GROWTH .................................................................................................................. 20
FINANCING .............................................................................................................................................................. 21
INFRASTRUCTURE AND FACILITIES .......................................................................................................................... 25
DEMAND FOR SERVICES .......................................................................................................................................... 26
GOVERNANCE STRUCTURE OPTIONS ....................................................................................................................... 27
RANCHO RINCONADA RECREATION AND PARK DISTRICT SERVICE REVIEW DETERMINATIONS .............................. 32
RANCHO RINCONADA RECREATION AND PARK DISTRICT SPHERE OF INFLUENCE UPDATE ..................................... 35
2. SANTA CLARA COUNTY LIGHTING SERVICE AREA ........................................................................ 37
AGENCY OVERVIEW ................................................................................................................................................ 37
ACCOUNTABILITY AND GOVERNANCE ..................................................................................................................... 61
MANAGEMENT AND STAFFING ................................................................................................................................ 62
POPULATION AND PROJECTED GROWTH .................................................................................................................. 63
FINANCING .............................................................................................................................................................. 64
INFRASTRUCTURE AND FACILITIES .......................................................................................................................... 68
DEMAND FOR SERVICES .......................................................................................................................................... 69
GOVERNANCE STRUCTURE OPTIONS ....................................................................................................................... 69
SANTA CLARA COUNTY LIGHTING SERVICE AREA SERVICE REVIEW DETERMINATIONS ........................................ 70
SANTA CLARA COUNTY LIGHTING SERVICE AREA SPHERE OF INFLUENCE UPDATE ............................................... 73
3. SANTA CLARA COUNTY VECTOR CONTROL DISTRICT ................................................................. 75
AGENCY OVERVIEW ................................................................................................................................................ 75
ACCOUNTABILITY AND GOVERNANCE ..................................................................................................................... 79
MANAGEMENT AND STAFFING ................................................................................................................................ 80
POPULATION AND PROJECTED GROWTH .................................................................................................................. 82
FINANCING .............................................................................................................................................................. 83
INFRASTRUCTURE AND FACILITIES .......................................................................................................................... 86
DEMAND FOR SERVICES .......................................................................................................................................... 87
GOVERNANCE STRUCTURE OPTIONS ....................................................................................................................... 87
SANTA CLARA COUNTY VECTOR CONTROL DISTRICT SERVICE REVIEW DETERMINATIONS ................................... 88
SANTA CLARA COUNTY VECTOR CONTROL DISTRICT SPHERE OF INFLUENCE UPDATE .......................................... 91
SPECIAL DISTRICTS SERVICE REVIEW i
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TABLE OF CONTENTS
4. SARATOGA CEMETERY DISTRICT ......................................................................................................... 93
AGENCY OVERVIEW ................................................................................................................................................ 93
ACCOUNTABILITY AND GOVERNANCE ..................................................................................................................... 97
MANAGEMENT AND STAFFING ................................................................................................................................ 98
POPULATION AND PROJECTED GROWTH ................................................................................................................ 100
FINANCING ............................................................................................................................................................ 101
INFRASTRUCTURE AND FACILITIES ........................................................................................................................ 104
DEMAND FOR SERVICES ........................................................................................................................................ 106
GOVERNANCE STRUCTURE OPTIONS ..................................................................................................................... 107
SARATOGA CEMETERY DISTRICT SERVICE REVIEW DETERMINATIONS ................................................................. 108
SARATOGA CEMETERY DISTRICT SPHERE OF INFLUENCE UPDATE ....................................................................... 111
5. SOUTH SANTA CLARA VALLEY MEMORIAL DISTRICT ................................................................ 113
AGENCY OVERVIEW .............................................................................................................................................. 113
ACCOUNTABILITY AND GOVERNANCE ................................................................................................................... 118
MANAGEMENT AND STAFFING .............................................................................................................................. 123
POPULATION AND PROJECTED GROWTH ................................................................................................................ 125
FINANCING ............................................................................................................................................................ 126
INFRASTRUCTURE AND FACILITIES ........................................................................................................................ 130
DEMAND FOR SERVICES ........................................................................................................................................ 131
GOVERNANCE STRUCTURE OPTIONS ..................................................................................................................... 132
SOUTH SANTA CLARA VALLEY MEMORIAL DISTRICT SERVICE REVIEW DETERMINATIONS ................................. 137
SOUTH SANTA CLARA VALLEY MEMORIAL DISTRICT SPHERE OF INFLUENCE UPDATE ....................................... 141
6. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY ........................................................... 145
AGENCY OVERVIEW .............................................................................................................................................. 145
ACCOUNTABILITY AND GOVERNANCE ................................................................................................................... 150
MANAGEMENT AND STAFFING .............................................................................................................................. 151
POPULATION AND PROJECTED GROWTH ................................................................................................................ 152
FINANCING ............................................................................................................................................................ 153
INFRASTRUCTURE AND FACILITIES ........................................................................................................................ 158
DEMAND FOR SERVICES ........................................................................................................................................ 161
GOVERNANCE STRUCTURE OPTIONS ..................................................................................................................... 162
SANTA CLARA VALLEY TRANSPORTATION AUTHORITY SERVICE REVIEW DETERMINATIONS .............................. 163
SANTA CLARA VALLEY TRANSPORTATION AUTHORITY SPHERE OF INFLUENCE UPDATE .................................... 166
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LIST OF FIGURES
L I ST O F F I G U R ES
FIGURE 1-1: RANCHO RINCONADA RPD BOUNDARIES AND SOI .................................................................................. 16
FIGURE 1-2: RRRPD GOVERNING BODY ..................................................................................................................... 18
FIGURE 1-3: AVERAGE NUMBER OF HOURS AND FULL-TIME EQUIVALENT EMPLOYEES FOR 2011 .............................. 19
FIGURE 1-4: RRRPD REVENUES AND EXPENDITURES, FYS 07-11 .............................................................................. 22
FIGURE 1-5: RRRPD REVENUE SOURCES, FY 11 ......................................................................................................... 22
FIGURE 1-6: RRRPD RATES FOR RESIDENTS AND NON-RESIDENTS ............................................................................ 23
FIGURE 1-7: NEIGHBORING PROVIDER RATE COMPARISON ......................................................................................... 24
FIGURE 1-8: RRRPD EXPENDITURES, FY 11................................................................................................................ 24
FIGURE 1-9: ADVANTAGES AND DISADVANTAGES OF CONTINUING AS A SPECIAL DISTRICT ....................................... 28
FIGURE 1-10: ADVANTAGES AND DISADVANTAGES OF MERGER WITH CITY OF CUPERTINO ........................................ 29
FIGURE 1-11: ADVANTAGES AND DISADVANTAGES OF ESTABLISHING A SUBSIDIARY DISTRICT ................................. 31
FIGURE 2-1: SANTA CLARA COUNTY LIGHTING SERVICE AREA BOUNDARIES AND SOI .............................................. 41
FIGURE 2-2: SANTA CLARA COUNTY LIGHTING SERVICE AREA BOUNDARIES AND SOI ZONE 1 ................................. 42
FIGURE 2-3: SANTA CLARA COUNTY LIGHTING SERVICE AREA BOUNDARIES AND SOI ZONE 1 ................................. 43
FIGURE 2-4: SANTA CLARA COUNTY LIGHTING SERVICE AREA BOUNDARIES AND SOI ZONE 1 ................................. 44
FIGURE 2-5: SANTA CLARA COUNTY LIGHTING SERVICE AREA BOUNDARIES AND SOI ZONE 1 ................................. 45
FIGURE 2-6: SANTA CLARA COUNTY LIGHTING SERVICE AREA BOUNDARIES AND SOI ZONE 2 ................................. 46
FIGURE 2-7: SANTA CLARA COUNTY LIGHTING SERVICE AREA BOUNDARIES AND SOI ZONE 3 ................................. 47
FIGURE 2-8: SANTA CLARA COUNTY LIGHTING SERVICE AREA BOUNDARIES AND SOI ZONE 3 ................................. 48
FIGURE 2-9: SANTA CLARA COUNTY LIGHTING SERVICE AREA BOUNDARIES AND SOI ZONE 3 ................................. 49
FIGURE 2-10: SANTA CLARA COUNTY LIGHTING SERVICE AREA BOUNDARIES AND SOI ZONE 3 ............................... 50
FIGURE 2-11: SANTA CLARA COUNTY LIGHTING SERVICE AREA BOUNDARIES AND SOI ZONES 4 & 5 ....................... 51
FIGURE 2-12: SANTA CLARA COUNTY LIGHTING SERVICE AREA BOUNDARIES AND SOI ZONES 4 & 5 ....................... 52
FIGURE 2-13: SANTA CLARA COUNTY LIGHTING SERVICE AREA BOUNDARIES AND SOI ZONE 5 ............................... 53
FIGURE 2-14: SANTA CLARA COUNTY LIGHTING SERVICE AREA BOUNDARIES AND SOI ZONES 6 & 11 ..................... 54
FIGURE 2-15: SANTA CLARA COUNTY LIGHTING SERVICE AREA BOUNDARIES AND SOI ZONE 7 ............................... 55
FIGURE 2-16: SANTA CLARA COUNTY LIGHTING SERVICE AREA BOUNDARIES AND SOI ZONE 7 ............................... 56
FIGURE 2-17: SANTA CLARA COUNTY LIGHTING SERVICE AREA BOUNDARIES AND SOI ZONES 7 & 8 ....................... 57
FIGURE 2-18: SANTA CLARA COUNTY LIGHTING SERVICE AREA BOUNDARIES AND SOI ZONES 7, 8 & 9 ................... 58
FIGURE 2-19: SANTA CLARA COUNTY LIGHTING SERVICE AREA BOUNDARIES AND SOI ZONE 10 ............................. 59
FIGURE 2-20: SANTA CLARA COUNTY LIGHTING SERVICE AREA BOUNDARIES AND SOI ZONE 13 ............................. 60
FIGURE 2-22: SCCLSA GOVERNING BODY.................................................................................................................. 61
FIGURE 2-23: SANTA CLARA COUNTY ROADS AND AIRPORT DEPARTMENT AUTHORIZED POSITIONS, FY 13 ....... 62
FIGURE 2-24: SCCLSA REVENUES AND EXPENDITURES, FYS 08–12 .......................................................................... 65
FIGURE 2-25: SCCLSA REVENUE SOURCES, FY 13 ..................................................................................................... 65
FIGURE 2-26: SCCLSA BENEFIT ASSESSMENT PER BENEFIT UNIT BY BENEFIT ZONE, FY 13 ..................................... 66
FIGURE 2-27: SCCLSA EXPENDITURES, FY 13 ............................................................................................................ 67
FIGURE 2-28: NUMBER OF STREETLIGHTS PER BENEFIT ZONE, FY 11-12 .................................................................... 68
FIGURE 3-1: SANTA CLARA COUNTY VECTOR CONTROL DISTRICT BOUNDARIES AND SOI ......................................... 78
FIGURE 3-2: SCCVCD GOVERNING BODY .................................................................................................................. 79
FIGURE 3-3: STAFFING LEVEL BY DIVISION, FY 12-13................................................................................................. 80
FIGURE 3-4: SCCVCD REVENUES AND EXPENDITURES, FYS 08–12 ........................................................................... 83
FIGURE 3-5: REVENUE SOURCES, FY 12 ....................................................................................................................... 84
FIGURE 3-6: BENEFIT ASSESSMENT BY ZONE, FY 13 ................................................................................................... 85
FIGURE 3-7: SCCVCD EXPENDITURES FY 2012 .......................................................................................................... 85
FIGURE 3-8: SCCVCD LONG-TERM DEBT ................................................................................................................... 86
FIGURE 3-9: SCCVCD SERVICE DEMAND, FYS 07-12 ................................................................................................. 87
FIGURE 4-1: SARATOGA CEMETERY DISTRICT BOUNDARIES AND SOI ........................................................................ 96
FIGURE 4-2: SCD GOVERNING BODY ........................................................................................................................... 97
FIGURE 4-3: NUMBER OF AUTHORIZED POSITIONS FOR THE CEMETERY DISTRICT, FY 13 ........................................... 98
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LIST OF FIGURES
FIGURE 4-4: SCD REVENUES AND EXPENDITURES, FYS 08–12.................................................................................. 101
FIGURE 4-5: SCD REVENUE SOURCES, FY 12 ............................................................................................................ 102
FIGURE 4-6: SCD EXPENDITURES, FY 12 ................................................................................................................... 103
FIGURE 4-7: SCD AVAILABLE GRAVE SITES .............................................................................................................. 105
FIGURE 4-8: SCD INTERMENTS, FY 03-12 ................................................................................................................. 106
FIGURE 4-9: SALES BY TYPE, FYS 03-12 .................................................................................................................... 107
FIGURE 5-1: SOUTH SANTA CLARA VALLEY MEMORIAL DISTRICT ............................................................................ 117
FIGURE 5-2:SSCVMD GOVERNING BODY ................................................................................................................. 119
FIGURE 5-3: SSCVMD BYLAWS ............................................................................................................................... 121
FIGURE 5-4: SSCVMD REVENUES AND EXPENDITURES FYS 08–12 .......................................................................... 127
FIGURE 5-5: COMPARISON OF REVENUES AND EXPENDITURES, FYS 09–12 ............................................................... 127
FIGURE 5-6: SSCVMD REVENUE SOURCES, FY 12 ................................................................................................... 128
FIGURE 5-7: SSCVMD RATES BY CATEGORY ............................................................................................................ 128
FIGURE 5-8: RENTALS BY TYPE, 2011 & 2012 ........................................................................................................... 131
FIGURE 5-9: ADVANTAGES AND DISADVANTAGES OF CONTINUING AS AN INDEPENDENT DISTRICT ......................... 134
FIGURE 5-10: ADVANTAGES AND DISADVANTAGES OF BECOMING A SUBSIDIARY OF THE CITY OF GILROY ............. 135
FIGURE 5-11: ADVANTAGES AND DISADVANTAGES OF DISSOLUTION ....................................................................... 136
FIGURE 6-1: SANTA CLARA VALLEY TRANSPORTATION AUTHORITY BOUNDARIES AND SOI .................................... 149
FIGURE 6-2: SCVTA GOVERNING BODY ................................................................................................................... 150
FIGURE 6-3: STAFFING LEVELS BY ORGANIZATIONAL UNIT, FY 13 ........................................................................... 151
FIGURE 6-4: SCVTA REVENUES AND EXPENDITURES, FYS 08-12 (IN THOUSANDS) .................................................. 154
FIGURE 6-5: SCVTA REVENUES ,FY 12..................................................................................................................... 155
FIGURE 6-6: SCVTA FARES, 2009- 2013 ................................................................................................................... 155
FIGURE 6-7: SCVTA EXPENDITURES FY 2012 ........................................................................................................... 156
FIGURE 6-8: SCVTA LONG-TERM DEBT .................................................................................................................... 158
FIGURE 6-9: BUS AND LIGHT RAIL RIDERSHIP (IN 1,000’S), FYS 07-11 ..................................................................... 161
FIGURE 6-10: BUS AND LIGHT RAIL SERVICE LEVELS (IN 1,000’S) FOR FISCAL YEARS 2008-2011 ........................... 162
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ACRONYMS
AC RON YMS
AB: Assembly Bill
ABAG: Association of Bay Area Governments
ACE: Altamont Commuter Express
ADA: Americans with Disabilities Act
BART: Bay Area Rapid Transit
BOE: State Board of Equalization
CAFR: Santa Clara County's Comprehensive Annual Financial Reports
CCR: California Code of Regulations
CD: Certificates of Deposit
CEQA: California Environmental Quality Act
CIP: Capital Improvement Plan or Program
CKH: Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000
CMP: Congestion Management Program
CSDA: California Special District Association
CY: Calendar year
DEH: County Department of Environmental Health
DFG: California Department of Fish and Game
DPH: California Department of Public Health
DWR: California Department of Water Resources
EIR: Environmental Impact Report
ERAF: Educational Revenue Augmentation Fund
FAQ: Frequently Asked Questions
FTA: Federal Transit Administration
FTE: full-time equivalent
FY: Fiscal year
IF: inductive fluorescent
GIS: Geographic Information Systems
GM: General Manger
GP: General Plan
JPA: Joint Powers Authority or Agency
LAFCO: Local Agency Formation Commission
LED: light emitting diode
LOMU: Letter of Mutual Understanding
MOUs: Memorandums of Understanding
MSR: Municipal Service Review
NA: Not applicable
NP: Not provided
OPEB: Other Post-Employment Benefit Liability Reduction Reserve
OPR: Governor’s Office of Planning and Research
PERS: California Public Employees' Retirement System
PG&E: Pacific Gas and Electric
SPECIAL DISTRICTS SERVICE REVIEW ix
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ACRONYMS
RRRPD: Rancho Rinconada Recreation and Park District
SCCTD: Santa Clara County Transit District
SCVTA: Santa Clara Valley Transportation Authority
SFE: single family equivalent
SCCLSA: Santa Clara County Lighting Service Area
SCCVCD: Santa Clara County Vector Control District
SCD: Saratoga Cemetery District
SSCVMD: South Santa Clara Valley Memorial District
SOI: Sphere of influence
TDA: Transportation Development Act
USA: Urban Service Area
USDA: U.S. Department of Agriculture
VTA: Valley Transportation Authority
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PREFACE
P R E FAC E
Prepared for the Local Agency Formation Commission of Santa Clara County (LAFCO),
this report is a service review of providers of various miscellaneous services around the
County. A service review is defined as a state-required comprehensive study of services
within a designated geographic area—in this case, Santa Clara County. This service review
focuses on six local agencies that provide recreation and park, lighting, vector control,
transit/transportation, cemetery and memorial services within Santa Clara County. Each
district is the only special district provider of its respective services in the County.
CCOONNTTEEXXTT
LAFCO of Santa Clara County is required to prepare this service review by the Cortese-
Knox-Hertzberg Local Government Reorganization Act of 2000 (Government Code §56000,
et seq.), which took effect on January 1, 2001. The service review examines services
provided by public agencies whose boundaries and governance are subject to LAFCO.
CCRREEDDIITTSS
The authors extend their appreciation to those individuals at many agencies that
provided planning and financial information and documents used in this report. The local
agencies have provided a substantial portion of the information included in this report.
Each local agency provided budgets, financial statements, various plans, and responded to
questionnaires. The service providers provided interviews covering workload, staffing,
facilities, regional collaboration, and service challenges.
Santa Clara LAFCO Executive Officer, Neelima Palacherla, who was assisted by Dunia
Noel (LAFCO Analyst) and Emmanuel Abello (LAFCO Clerk), provided project direction and
review. Steve Borgstrom, at the Santa Clara County Planning Office, prepared maps. The
Technical Advisory Committee, composed of LAFCO Commissioners Margaret Abe-Koga
and Linda J. LeZotte, appointed by LAFCO; and Santa Clara Valley Water District Board
Member Patrick Kwok and Saratoga Fire Protection District Fire Commissioner Eugene
Zambetti, appointed by the Santa Clara County Special Districts Association, provided input
and guidance during the review process.
This report was prepared by Policy Consulting Associates, LLC, and was co-authored by
Jennifer Stephenson and Oxana Wolfson.
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BACKGROUND
B AC KG ROU ND
This report is prepared pursuant to legislation enacted in 2000 that requires LAFCO to
conduct a comprehensive review of municipal service delivery and update the spheres of
influence (SOIs) of all agencies under LAFCO’s jurisdiction. The focus of this report is six
special districts that provide distinct and diverse services throughout the County. This
chapter provides the background of the service review requirements and an overview of
the process for this particular service review. The outline of the chapter is as follows:
1) The history and purpose of LAFCO,
2) Purpose of the service review,
3) Sphere of influence updating process, and
4) Process and methodology of the review.
LLAAFFCCOOSS,, SSEERRVVIICCEE RREEVVIIEEWWSS,, AANNDD SSPPHHEERREESS OOFF IINNFFLLUUEENNCCEE
History of LAFCO
After World War II, California experienced dramatic growth in population and economic
development. With this boom came a demand for housing, jobs and public services. To
accommodate this demand, many new local government agencies were formed, often with
little forethought as to the ultimate governance structures in a given region, and existing
agencies often competed for expansion areas. The lack of coordination and adequate
planning led to a multitude of overlapping, inefficient jurisdictional and service boundaries,
and the premature conversion of California’s agricultural and open-space lands.
Recognizing this problem, in 1959, Governor Edmund G. Brown, Sr. appointed the
Commission on Metropolitan Area Problems. The Commission's charge was to study and
make recommendations on the "misuse of land resources" and the growing complexity of
local governmental jurisdictions. The Commission's recommendations on local
governmental reorganization were introduced in the Legislature in 1963, resulting in the
creation of a Local Agency Formation Commission, or "LAFCO," operating in each county.
Each LAFCO was formed as a countywide agency to discourage urban sprawl, preserve
agricultural and open space resources, promote efficient service provision and encourage
the orderly formation and development of local government agencies. LAFCO has
jurisdiction over local governmental boundaries, including annexations and detachments of
territory, incorporations of cities, formations of special districts, and consolidations,
mergers and dissolutions of districts, as well as reviewing ways to reorganize, simplify, and
streamline governmental structure. The Commission's efforts are focused on ensuring that
SPECIAL DISTRICTS SERVICE REVIEW 2
LAFCO OF SANTA CLARA COUNTY
BACKGROUND
services are provided efficiently and economically while agricultural and open-space lands
are protected. To better inform itself and the community as it seeks to exercise its charge,
LAFCO conducts service reviews to evaluate the provision of services within the County.
LAFCO regulates, through approval, denial, conditions and modification, boundary
changes proposed by public agencies or individuals. It also regulates the extension of
public services by cities and special districts outside their boundaries. LAFCO is
empowered to initiate updates to the SOIs and proposals involving the dissolution or
consolidation of special districts, mergers, establishment of subsidiary districts, and any
reorganization including such actions. Otherwise, LAFCO actions must originate as
petitions or resolutions from affected voters, landowners, cities or districts.
LAFCO of Santa Clara County consists of seven regular members: two members from
the Santa Clara County Board of Supervisors, two city council members with one
permanent seat for San Jose as the largest city, two special district members, and one
public member who is appointed by the other members of the Commission. There is an
alternate in each category. All Commissioners are appointed to four-year terms.
The mandate for LAFCOs to conduct service reviews is part of the Cortese-Knox
Hertzberg Local Government Reorganization Act of 2000 (CKH Act), California Government
Code §56000 et seq. LAFCOs are required to conduct service reviews prior to or in
conjunction with sphere of influence updates and are required to review and update the
sphere of influence for each city and special district as necessary, but not less than once
every five years. LAFCO of Santa Clara County completed and adopted its first round of
service reviews and sphere of influence updates prior to January 1, 2008, as required by
state law. LAFCO of Santa Clara County is responsible for establishing, reviewing and
updating spheres of influence for 44 public agencies in Santa Clara County (15 cities and 28
special districts).
Service Reviews
The service review requirement was enacted by the Legislature months after the
release of two studies recommending that LAFCOs conduct reviews of local agencies. The
“Little Hoover Commission” focused on the need for oversight and consolidation of special
districts, whereas the “Commission on Local Governance for the 21st Century” focused on
the need for regional planning to ensure adequate and efficient local governmental services
as the California population continues to grow.
Little Hoover Commission
In May 2000, the Little Hoover Commission released a report entitled Special Districts:
Relics of the Past or Resources for the Future? This report focused on governance and
financial challenges among independent special districts, and the barriers to LAFCO’s
pursuit of consolidation and dissolution of districts. The report raised the concern that “the
underlying patchwork of special district governments has become unnecessarily
redundant, inefficient and unaccountable.”
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BACKGROUND
In particular, the report raised concern about a lack of visibility and accountability
among some independent special districts. The report indicated that many special districts
hold excessive reserve funds and some receive questionable property tax revenue. The
report expressed concern about the lack of financial oversight of the districts. It asserted
that financial reporting by special districts is inadequate, that districts are not required to
submit financial information to local elected officials, and concluded that district financial
information is “largely meaningless as a tool to evaluate the effectiveness and efficiency of
services provided by districts, or to make comparisons with neighboring districts or
services provided through a city or county.”1
The report questioned the accountability and relevance of certain special districts with
uncontested elections and without adequate notice of public meetings. In addition to
concerns about the accountability and visibility of special districts, the report raised
concerns about special districts with outdated boundaries and outdated missions. The
report questioned the public benefit provided by health care districts that have sold, leased
or closed their hospitals, and asserted that LAFCOs consistently fail to examine whether
they should be eliminated. The report pointed to service improvements and cost reductions
associated with special district consolidations, but asserted that LAFCOs have generally
failed to pursue special district reorganizations.
The report called on the Legislature to increase the oversight of special districts by
mandating that LAFCOs identify service duplications and study reorganization alternatives
when service duplications are identified, when a district appears insolvent, when district
reserves are excessive, when rate inequities surface, when a district’s mission changes,
when a new city incorporates and when service levels are unsatisfactory. To accomplish
this, the report recommended that the State strengthen the independence and funding of
LAFCOs, require districts to report to their respective LAFCO, and require LAFCOs to study
service duplications.
Commission on Local Governance for the 21st Century
The Legislature formed the Commission on Local Governance for the 21st Century
(“21st Century Commission”) in 1997 to review statutes on the policies, criteria,
procedures and precedents for city, county and special district boundary changes. After
conducting extensive research and holding 25 days of public hearings throughout the State,
at which it heard from over 160 organizations and individuals, the 21st Century
Commission released its final report, Growth Within Bounds: Planning California
Governance for the 21st Century, in January 2000.2 The report examines the way that
government is organized and operates and establishes a vision of how the State will grow
by “making better use of the often invisible LAFCOs in each county.”
1 Little Hoover Commission, 2000, page 24.
2 The Commission on Local Governance for the 21st Century ceased to exist on July 1, 2000, pursuant to a statutory sunset
provision.
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BACKGROUND
The report points to the expectation that California’s population will double over the
first four decades of the 21st Century, and raises concern that our government institutions
were designed when our population was much smaller and our society was less complex.
The report warns that without a strategy open spaces will be swallowed up, expensive
freeway extensions will be needed, job centers will become farther removed from housing,
and this will lead to longer commutes, increased pollution and more stressful lives. Growth
Within Bounds acknowledges that local governments face unprecedented challenges in
their ability to finance service delivery since voters cut property tax revenues in 1978 and
the Legislature shifted property tax revenues from local government to schools in 1993.
The report asserts that these financial strains have created governmental entrepreneurism
in which agencies compete for sales tax revenue and market share.
The 21st Century Commission recommended that effective, efficient and easily
understandable government be encouraged. In accomplishing this, the 21st Century
Commission recommended consolidation of small, inefficient or overlapping providers,
transparency of municipal service delivery to the people, and accountability of municipal
service providers. The sheer number of special districts, the report asserts, “has provoked
controversy, including several legislative attempts to initiate district consolidations,”3 but
cautions LAFCOs that decisions to consolidate districts should focus on the adequacy of
services, not on the number of districts.
Growth Within Bounds stated that LAFCOs cannot achieve their fundamental purposes
without a comprehensive knowledge of the services available within its county, the current
efficiency of providing service within various areas of the county, future needs for each
service, and expansion capacity of each service provider. Comprehensive knowledge of
water and sanitary providers, the report argued, would promote consolidations of water
and sanitary districts, reduce water costs and promote a more comprehensive approach to
the use of water resources. Further, the report asserted that many LAFCOs lack such
knowledge and should be required to conduct such a review to ensure that municipal
services are logically extended to meet California’s future growth and development.
Service reviews would require LAFCO to look broadly at all agencies within a
geographic region that provide a particular municipal service and to examine consolidation
or reorganization of service providers. The 21st Century Commission recommended that
the review include water, wastewater, and other municipal services that LAFCO judges to
be important to future growth. The Commission recommended that the service review be
followed by consolidation studies and be performed in conjunction with updates of SOIs.
The recommendation was that service reviews be designed to make nine determinations,
each of which was incorporated verbatim in the subsequently adopted legislation. The
legislature since consolidated the determinations into six required findings, and
subsequently added a seventh determination effective July 2012.
3 Commission on Local Governance for the 21st Century, 2000, page 70.
SPECIAL DISTRICTS SERVICE REVIEW 5
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BACKGROUND
Municipal Services Review Legislation
The Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 requires
LAFCO to review and update SOIs not less than every five years and to review municipal
services before updating SOIs. The requirement for service reviews arises from the
identified need for a more coordinated and efficient public service structure to support
California’s anticipated growth. The service review provides LAFCO with a tool to study
existing and future public service conditions comprehensively and to evaluate
organizational options for accommodating growth, preventing urban sprawl, and ensuring
that critical services are provided efficiently.
Effective January 1, 2008, Government Code §56430 requires LAFCO to conduct a
review of municipal services provided in the county by region, sub-region or other
designated geographic area, as appropriate, for the service or services to be reviewed, and
prepare a written statement of determination with respect to each of the following topics:
Growth and population projections for the affected area;
The location and characteristics of any disadvantaged unincorporated communities
within or contiguous to the SOI (effective July 1, 2012);
Present and planned capacity of public facilities and adequacy of public services,
including infrastructure needs or deficiencies (including needs or deficiencies
related to sewers, municipal and industrial water, and structural fire protection in
any disadvantaged, unincorporated communities within or contiguous to the sphere
of influence);
Financial ability of agencies to provide services;
Status of, and opportunities for shared facilities;
Accountability for community service needs, including governmental structure and
operational efficiencies; and
Any other matter related to effective or efficient service delivery, as required by
commission policy.
Purposes of the Report
This Special District Service Review: Phase I will be available for use by LAFCO, the
County, cities, special districts, and the public to better understand how services are
provided within Santa Clara County. Additionally, the review will be a resource to inform
LAFCO decisions, including:
Updating spheres of influence,
Initiating or considering jurisdictional boundary changes,
Considering other types of LAFCO applications, and
SPECIAL DISTRICTS SERVICE REVIEW 6
LAFCO OF SANTA CLARA COUNTY
BACKGROUND
Providing a resource for further studies.
LAFCO will use this report as a basis to update the spheres of influence of the six special
districts.
The report contains a discussion of various alternative government structures for
efficient service provision. LAFCO is not required to initiate any boundary changes based
on service reviews. However, LAFCO, other local agencies (including cities, special districts
or the County) or the public may subsequently use this report together with additional
research and analysis, where necessary, to pursue changes in jurisdictional boundaries.
Government Code Section 56375(a) gives LAFCO the power to initiate certain types of
boundary changes consistent with a service review and sphere of influence study. These
boundary changes include:
Consolidation of districts (joining two or more districts into a single new successor
district);
Dissolution (termination of the existence of a district and its corporate powers);
Merger (termination of the existence of a district by the merger of that district with
a city);
Establishment of a subsidiary district (where the city council is designated as the
board of directors of the district); or
A reorganization that includes any of the above.
LAFCO may also use the information presented in the service reviews in reviewing
future proposals for annexations or extensions of services beyond an agency’s
jurisdictional boundaries or for proposals seeking amendment of urban service area
boundaries of cities or sphere of influence boundaries of districts.
Other entities and the public may use this report as a foundation for further studies and
analysis of issues relating to the services offered by these districts in this County.
Sphere Of Influence Updates
The Commission is charged with developing and updating the sphere of influence (SOI)
for each city and special district within the County.4
An SOI is a LAFCO-approved plan that designates an agency’s probable future boundary
and service area. Spheres are planning tools used to provide guidance for individual
4 The initial statutory mandate, in 1971, imposed no deadline for completing sphere designations. When most LAFCOs
failed to act, 1984 legislation required all LAFCos to establish spheres of influence by 1985.
SPECIAL DISTRICTS SERVICE REVIEW 7
LAFCO OF SANTA CLARA COUNTY
BACKGROUND
boundary change proposals and are intended to encourage efficient provision of organized
community services, discourage urban sprawl and premature conversion of agricultural
and open space lands, and prevent overlapping jurisdictions and duplication of services.
Every determination made by a commission must be consistent with the SOIs of local
agencies affected by that determination,5 for example, territory may not be annexed to a
city or district unless it is within that agency's sphere. In other words, the SOI essentially
defines where and what types of government reorganizations (e.g., annexation,
detachment, dissolution and consolidation) may be initiated. If and when a government
reorganization is initiated, there are a number of procedural steps that must be conducted
for a reorganization to be approved. Such steps include more in-depth analysis, LAFCO
consideration at a noticed public hearing, and processes by which affected agencies and/or
residents may voice their approval or disapproval.
SOIs should discourage duplication of services by local governmental agencies, guide
the Commission’s consideration of individual proposals for changes of organization, and
identify the need for specific reorganization studies, and provide the basis for
recommendations to particular agencies for government reorganizations.
The Cortese-Knox-Hertzberg (CKH) Act requires LAFCO to develop and determine the
SOI of each local governmental agency within the county and to review and update the SOI
every five years, as necessary. LAFCOs are empowered to adopt, update and amend the
SOI. They may do so with or without an application and any interested person may submit
an application proposing an SOI amendment.
LAFCO may recommend government reorganizations to particular agencies in the
County, using the SOIs as the basis for those recommendations. In determining the SOI,
LAFCO is required to complete a service review and adopt the seven determinations
previously discussed. In addition, in adopting or amending an SOI, LAFCO must make the
following determinations:
Present and planned land uses in the area, including agricultural and open-space
lands;
Present and probable need for public facilities and services in the area;
Present capacity of public facilities and adequacy of public service that the agency
provides or is authorized to provide;
Existence of any social or economic communities of interest in the area if the
Commission determines these are relevant to the agency;
5 Government Code §56375.5.
SPECIAL DISTRICTS SERVICE REVIEW 8
LAFCO OF SANTA CLARA COUNTY
BACKGROUND
Present and probable need for water, wastewater, and structural fire protection
facilities and services of any disadvantaged unincorporated communities within the
existing sphere of influence; and
In the case of special districts, the nature, location, and extent of any functions or
classes of services provided by existing districts.
Urban Service Area
In Santa Clara County, the SOI as defined in state law is relevant for special districts;
however, for cities, the inclusion of an area within a city’s SOI should not necessarily be
seen as an indication that the city will either annex or allow urban development and
services in the areas. The urban service area (USA) is the more critical boundary
considered by LAFCO for the cities, and serves as the primary means of indicating whether
an area will be annexed to a city and provided with urban services.
Review and amendment of USA boundaries is the Commission’s primary vehicle for
encouraging orderly city growth. Within the USAs, LAFCO does not review city annexations
and reorganizations if the proposals are initiated by city resolution and meet certain
conditions. State law gives cities in Santa Clara County the authority to approve such
reorganizations.
SSEERRVVIICCEE RREEVVIIEEWW PPRROOCCEESSSS AANNDD MMEETTHHOODDOOLLOOGGYY
Standard analytical tools and practices were used to gather and analyze information for
the service review. The service review process is outlined as follows:
Technical Advisory Committee: LAFCO formed a committee to provide input on
the service review and insight into any particular issues.
Outreach: LAFCO performed outreach and explanation of the project through an
informational flier.
Establishment of Criteria: Preliminary general criteria, appropriate to each
district, to be used in making the determinations required under the laws governing
service reviews were developed, consistent with Santa Clara LAFCO policies on
service reviews.
Data Discovery: Collection of data from available online and central data resources
(i.e., agency websites), and population information and projections, developed by
the Association of Bay Area Governments (ABAG).
Request for Information and Interviews: Creation of a questionnaire for each
agency and distribution to the agencies for completion. After reviewing each
agency’s questionnaire response and submitted documents, the agencies were
SPECIAL DISTRICTS SERVICE REVIEW 9
LAFCO OF SANTA CLARA COUNTY
BACKGROUND
interviewed to fill in missing information, follow up on current matters, as well as to
see what progress was made on issues identified in the previous service review.
Drafting of Agency Chapters: Chapters on each of the agencies were compiled,
using a standard format, based on the interviews and data collected. Agencies
responded to information requests in varying levels of detail. Reasonable efforts
were taken to obtain a level of consistency in the data to make the required
determinations and analyze issues.
Agency Review for Accuracy: The chapters were provided to each agency for
internal review and comment, to ensure accuracy prior to further analysis and
public release of the document.
Data Analysis and Service Review Determinations: Information gathered from
the agencies and the interviews was analyzed and applied to the determination
criteria to make the required determinations for each agency.
Public Review Draft Released: The draft document is released for public review
and comment.
LAFCO Hearing: LAFCO holds a public hearing to discuss and accept public
comments on the draft report.
Response to Comments: A comment log, along with a redlined draft of the report,
is released indicating a comprehensive list of comments received and any action
taken pursuant to the respective comments.
Adoption of Final Report: LAFCO holds a public hearing where the Commission to
consider adoption of the final report, determinations and sphere of influence
updates, as well as consider next steps for implementing recommendations.
Review Criteria
Each agency under LAFCO jurisdiction is assessed in each category using the criteria
described below.
Growth and population projections for the affected area
The amount and percent of population growth projected by the Association of Bay
Area Governments between 2010 and 2035.
SPECIAL DISTRICTS SERVICE REVIEW 10
LAFCO OF SANTA CLARA COUNTY
BACKGROUND
The location and characteristics of any disadvantaged unincorporated communities
The existence of any disadvantaged unincorporated communities as a
determined by the Department of Water Resources, based on its definition of size
of “community.”
Present and planned capacity of public facilities and adequacy of public services,
including infrastructure needs or deficiencies
Capacity constraints as reported by the agency.
Infrastructure needs and agency’s plans to address these needs, as reported by the
agency, or identified in capital improvement plans.
Management practices: To establish public trust and accountability, best
management practices include 1) preparing a budget before the beginning of the
fiscal year, 2) conducting periodic financial audits, 3) maintaining relatively current
financial records, 4) evaluating rates and fees periodically, 5) planning and
budgeting for community service needs, and 6) an established process to address
complaints.
Financial ability of agency to provide services
The adequacy of the level of financing and any financing challenges or constraints as
reported by the agency.
Rates: The degree to which the rates (and other revenue, if applicable) are able to
cover annual operating and capital costs, anticipated future capital costs, and
maintain a healthy a reserve.
Capital planning: Whether or not the agency has an up-to-date capital improvement
plan with estimated timing and anticipated financing sources for each project.
Capital reserves: the capital reserve fund balance as of June 30, 2012 and the
anticipated capital funding needs based on identified infrastructure needs and
estimated costs.
Reserves: the audited unrestricted fund balance as of June 30, 2012. A reserve of
three months of operating costs is considered a minimum.
Status of and opportunities for shared facilities
The degree of existing cost minimization efforts through facility, personnel and
equipment sharing.
The potential for facility, personnel, and equipment sharing as reported by the
agency.
SPECIAL DISTRICTS SERVICE REVIEW 11
LAFCO OF SANTA CLARA COUNTY
BACKGROUND
Accountability for community service needs, including governmental structure and
operational efficiencies
Public Access and Outreach: Agency efforts to engage and educate constituents
through outreach activities and availability of information on a website, in addition
to compliance with open meeting and public records laws.
Governance and Service Delivery Options: The potential to restructure the
governance of agencies and/or service providers, or change the service provider
with the goal of increasing service efficiency.
SPECIAL DISTRICTS SERVICE REVIEW 12
LAFCO OF SANTA CLARA COUNTY
RANCHO RINCONADA RECREATION AND PARK DISTRICT
1. RANCH O RIN CONADA
R EC R EAT I O N A N D PA R K D I STR I CT
AAGGEENNCCYY OOVVEERRVVIIEEWW
Rancho Rinconada Recreation and Park District (RRRPD) was established as an
independent special district in 1955. The District owns and operates a recreation center in
the City of Cupertino. A service review for the District was last conducted in 2007.
The principal act that governs the District is the Recreation and Park District Law.6The
principal act empowers recreation and park districts to 1) organize, promote, conduct, and
advertise programs of community recreation, including, but not limited to, parks and open
space, parking, transportation, and other related services that improve the community’s
quality of life, 2) establish systems of recreation and recreation facilities, including, but not
limited to, parks and open space, and 3) acquire, construct, improve, maintain, and operate
recreation facilities, including, but not limited to, parks and open space, both inside and
beyond the district’s boundaries.7 The principal act also defines the powers and duties of
recreation and park districts in cooperating with other local governments.8 Districts must
apply and obtain LAFCO approval to exercise latent powers, that is, those services
authorized by the principal act but not provided by the district by the end of 2000.9
There are 108 recreation and park districts in the State. RRRPD is the only district of
10
its type in Santa Clara County.
Boundaries
RRRPD is located almost entirely within the City of Cupertino. There are two parcels to
the east along Lawrence Expressway, that lie within the City of San Jose, that consists of the
Saratoga Creek Trail and associated riparian area. The District is bounded on the north by
Stevens Creek Road, on the south by Bollinger Road, on the east by Lawrence Expressway,
and on the west by Tantau and Stern Avenues. The District encompasses approximately
0.4 square miles.
6 California Public Resources Code §5780-5791.
7 California Public Resources Code §5786.
8 California Public Resources Code §5786.11-5786.13.
9 California Government Code §56824.10.
10 California State Controller, Special Districts Annual Report Fiscal Year 2009 – 2010.
SPECIAL DISTRICTS SERVICE REVIEW 13
LAFCO OF SANTA CLARA COUNTY
RANCHO RINCONADA RECREATION AND PARK DISTRICT
Sphere of Influence
LAFCO adopted the existing zero SOI for the District in 1982 in recognition that the area
should ultimately be served by the City of Cupertino rather than the District. During the
most recent SOI update in 2007, LAFCO reaffirmed the existing zero SOI.
Type and Extent of Services
Services Provided
RRRPD provides all services via its single recreation facility. The maintenance and
operation of this building and property, including delivery of recreation services at that
facility, are the sole services provided by the District. The District offers the following
recreation programs directly through district staff: swimming pool activities, Kids Night
Out, after-school activities, facility and barbeque rentals, a snack bar, and a location for
community-related activities. These recreation services and periods of when they are
offered are described in more detail below.
Public swim: Public swim is typically offered daily during the summer (generally
second week of June until the end of August), and on the weekends in September.
Swim lessons: Swim lessons are typically offered Monday through Thursday during
the summer, from mid-May through the end of October.
Lap swim: Lap swim is offered year round, Monday through Friday.
Youth swim team: The District provides youth swim team training on a year-round
basis, Monday through Friday. The team specifically serves children five to 17 years.
Kids Night Out: The District provides an evening recreation program on Friday
nights entitled “Kids Night Out”. This program is offered year-round. Kids Night Out
consists of a movie, dinner, indoor and outdoor games, a drink and a snack. It is
open to kids five to 12 years old.
After-School Program: The District provides an after-school program for children
that offers a snack, recreation activities, basic homework assistance, academic
tutoring, guest speakers, workshops, and other activities. The program is provided
Monday through Friday for students from 1st through 8th grade, during the school
year.
Facility rental: The recreation activity room/hall, the swimming pool, and the
barbecue/patio area are available for rent for private functions, classes, meetings,
and weekly gatherings. At present, there is one ongoing rental for a yoga class that
is open to the public. The barbecue/patio area is available for rent during the
summer. The recreation activity room/hall is available for rent from September
through May. The pool is available for rent from April through October.
SPECIAL DISTRICTS SERVICE REVIEW 14
LAFCO OF SANTA CLARA COUNTY
RANCHO RINCONADA RECREATION AND PARK DISTRICT
Service Area
The recreation center itself is located within the District’s boundaries; however,
services are offered to residents and non-residents alike. Non-residents are charged
slightly higher rates than residents of RRRPD for certain services.
Service to Other Agencies
The District does not have any contracts to provide services to other public agencies.
Contracts for Services
The District does not have any contracts with public agencies for service delivery at the
recreation center.
Collaboration
RRRPD does not collaborate with other public agencies in the delivery of recreation
services; however, the District does collaborate with individuals to offer additional public
classes at the recreation facility, such as yoga.
Overlapping and Neighboring Service Providers
The City of Cupertino almost entirely overlaps RRRPD. The City provides similar, and
substantially more, recreation services, including swimming pool facilities and lifeguard
instruction, as well as other educational and fitness classes. Notably, the City does not
provide youth swim team opportunities like the District, and swim instruction and lap
swim services are limited to a two month period in the summer. The City has two
swimming pools, which are both located at the Blackberry Farm Park—four miles from the
District’s swimming facilities. Additionally, the City partners with Cupertino High School to
offer swimming opportunities during the summer. The high school is located just over a
mile from the District’s facility.
SPECIAL DISTRICTS SERVICE REVIEW 15
LAFCO OF SANTA CLARA COUNTY
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E K WILLIAMS RD E A R O T T A K E N AVE E O B O N A V K D R C R E MI N G T RI L L A Rancho RincHoYDE n AV a E da R R a e n cr c e h a B o I G O t A io R n in & co P n a a r d k a District E K W O O WIL M A Recreation and Park District District has a zero Sphere of Influence D D R Z District Facility This map created by the Santa Clara County Planning Office. The GIS data was compiled Feet 0 500 1,000 February 2013 18000 Chelmsford Drive, Cupertino 2/26/2013 8:1 fr 8 o : m 35 v A a M rio u Y s : \P so ro u j r e c c e t s s . \ L W A h F i C le O d \ e P e r m oje e c d t s re \L li A a F bl C e O , t _ h R e a P n la ch nn o i _ n R g i n O c f o fi n ce a d a a s _ s R um ec e r s e a n t o io n lia _ b P il a it r y k . _District.mxd
RANCHO RINCONADA RECREATION AND PARK DISTRICT
AACCCCOOUUNNTTAABBIILLIITTYY AANNDD GGOOVVEERRNNAANNCCEE
The District is managed and governed by a five-member Board of Directors. Board
members are elected to four-year terms of office. There are no term limits. The County
Board of Supervisors appoints members to the District’s Board, if there is a lack of
candidates for election. All five of the current Directors were appointed. For the past ten
years, board members have run unopposed. As the four-year term of an incumbent board
member expires, existing members have been re-appointed by the Board of Supervisors in
lieu of an election. This reflects a lack of candidate and resident interest in the District’s
activities and governance, perhaps due to a lack of outreach to area residents.
Prior to an election (in an election year), the County Registrar of Voters publishes a
legal notice in a local newspaper of the District’s choice to announce any upcoming board
terms that are expiring. Any persons interested in running for the position (incumbent or
otherwise), must file with the County Registrar of Voters. If no more than one person is
running for each available position, then the Board of Supervisors can consolidate the
election and appoint individuals without conducting the election. If no one runs for a
position, then the Board of Supervisors is empowered to appoint any person to the office
who is qualified on the date when the election would have been held.11
The process for appointment by the Board of Supervisors differs by district. There are
no formal policies or standardized procedures on the part of the District nor the Board of
Supervisors defining how openings are to be announced, how long the application period
should be open, and the manner for interviews, etc. Upon appointment by the Board of
Supervisors, it is unclear where the responsibility lies regarding reporting the Board of
Supervisor’s decision back to the Registrar of Voters, whether it’s the District or the Clerk
of the Board. However, in the case of RRRPD, the Registrar of Voters has maintained up-to-
date information on the board members and their respective term expiration dates, and
this information is made available online.
The current Board member names, positions, and term expiration dates are presented
in Figure 1-2.
11 Elec. Code, § 10515(a).
SPECIAL DISTRICTS SERVICE REVIEW 17
LAFCO OF SANTA CLARA COUNTY
RANCHO RINCONADA RECREATION AND PARK DISTRICT
Figure 1-2: RRRPD Governing Body
Rancho Rinconada Recreation and Park District
District Contact Information
Contact: Kevin Davis, Interim AssistantOfficeManager
Address: 18000 Chelmsford Drive, Cupertino, CA 95014
Telephone: 408-252-8429
Email: contact@ranchoreccenter.com
Website: http://www.ranchoreccenter.com/home
Board of Directors
Began Term Manner of Length of
Member Name Position Serving Expires Selection Term
Jordan Eldridge Board Member 2010 2014 Appointed 4 years
Julie Jervis Board Secretary 2005 2016 Appointed 4 years
Miriam Salo Vice President 1996 2016 Appointed 4 years
Sandra Yeaton Board President 1996 2016 Appointed 4 years
Steve Wesolowski Board Member 1994 2014 Appointed 4 years
Meetings
Date: Tuesdays at 7:15 pm (1stor 2ndTuesday of every month)
Location: Rancho Rinconada Recreation Center at 18000 Chelmsford Drive, Cupertino
Agenda Posted online and on the bulletin board at the entrance of the recreation center
Distribution:
Minutes Posted online and on the bulletin board at the entrance of the recreation center
Distribution:
The Board of Directors meets either on the first or second Tuesday of each month. The
meetings are held at the District’s recreation center at 18000 Chelmsford Drive in
Cupertino. Each Director receives a $100 stipend for the first meeting in a month, and
receives $50 for each additional meeting thereafter. Government Code §53235 requires
that if a district provides compensation or reimbursement of expenses to its board
members, the board members must receive two hours of training in ethics at least once
every two years and the district must establish a written policy on reimbursements. The
District’s Board has completed the training. The District does not have a written policy on
expense reimbursements.
RRRPD began publishing the Board of Directors’ meeting agendas and minutes to the
District’s website in October 2012. The agenda is posted 72 hours prior to every Board
meeting at the entrance of the recreation center, and also on the District’s website. The
District conducts constituent outreach in addition to legally required agenda posting via its
website. The District posts a variety of information to its website, including its recreation
services (e.g., aquatics, facility rentals); a calendar depicting the dates and times for
delivery of recreation services by the District; the e-mail address for the District; and the
agendas and minutes for the Board of Directors meetings. The District’s annual financial
reports and annual budgets are not available on its website.
The Board of Directors have developed and adopted bylaws that provide a framework
and direction for district governance by the Board. These bylaws cover the creation of
board, meeting agendas, minutes, public inspection of district records, and appointments to
the Board.
SPECIAL DISTRICTS SERVICE REVIEW 18
LAFCO OF SANTA CLARA COUNTY
RANCHO RINCONADA RECREATION AND PARK DISTRICT
Government Code §87203 requires persons that hold office to disclose their
investments, their interests in real property and their income, and file Form 700 with the
Fair Political Practices Commission each year. RRRPD board members filed the required
Form 700 Statement of Economic Interest forms in 2012.
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The Board of Directors govern the District, while a part-time office manager oversees
the day-to-day operations. The office manager supervises the assistant office manager,
aquatics director, human resources director and a general office worker, who, in turn,
supervise seasonal or temporary staff. All district employees are part-time12 or seasonal,
work less than 2,080 hours per year, and do not receive any benefits.
As shown in Figure 1-3, in 2011, the District had 41 employees who worked hours
equivalent to 7.69 full-time positions (based upon 2,080 hours per full-time employee). A
majority of these employees were seasonal pool lifeguards. The District’s five
administrative employees equate to 1.75 full-time equivalent staff.
Figure 1-3: Average Number of Hours and Full-Time Equivalent Employees for 2011
Number of Average Annual Total Full-Time
Department Employees Hours/Employee Equivalent Staff
Administration 5 731 1.75
Custodian 1 1,149 0.55
Pool Lifeguard 28 375 5.05
Recreation Instructors 7 100 0.34
TOTAL 41 390 7.69
Source: Rancho Rinconada Recreation and Park District
The District retains private firms or individuals for various services related to the
maintenance of the recreation center, including a landscape maintenance contractor, and a
janitorial contractor for cleaning of the recreation center. Additionally, the District has
retained a certified public accountant to prepare the annual financial transaction reports,
which are required by the State Controller under Government Code Section §53891. This
service is provided without a contract between the accountant and the District. The
District’s legal counsel is the County Counsel’s Office.
The District has not adopted a mission statement, goals, objectives, long-range plans or
performance measures. However, the District has adopted bylaws, which includes a
statement of the District’s purpose, which is to provide leisure activities by the
development and delivery of supervised recreation programs, construction and
maintenance of recreation and park facilities, and cooperation with other agencies in the
area that provide like services or can assist in providing said services.
12 While the district manager and assistant manager positions are technically categorized as part-time according to the
position descriptions, these two employees regularly work over 40 hours a week, constituting a full-time position,
particularly in the summer.
SPECIAL DISTRICTS SERVICE REVIEW 19
LAFCO OF SANTA CLARA COUNTY
RANCHO RINCONADA RECREATION AND PARK DISTRICT
Other documents that the District uses to guide efforts and services include the
annually adopted budget. The District has adopted a budget for FY 12-13. The District’s
budget is not available on its website.
Government Code §53901 states that within 60 days after the beginning of the fiscal
year each local agency must submit its budget to the county auditor. These budgets are to
be filed and made available on request by the public at the county auditor’s office. The
County has reported that in recent years, it has not been the practice for special districts to
file their budgets with the County.
Special districts must submit a report to the State Controller of all financial transactions
of the district during the preceding fiscal year within 90 days after the close of each fiscal
year, in the form required by the State Controller, pursuant to Government Code §53891. If
filed in electronic format, the report must be submitted within 110 days after the close of
the fiscal year. The District has complied with this requirement.
All special districts are required to submit annual audits to the County within 12
months of the completion of the fiscal year, unless the Board of Supervisors has approved a
biennial or five-year schedule.13 The District’s annual audit is prepared by the same
certified public accountant that prepares the District’s annual financial transaction reports.
The District has filed their annual audits with the County. These audits are prepared
annually for the District. As of the drafting of this report, the FY 11-12 audit was in the
final drafting stages and was anticipated to be completed within a month.
PPOOPPUULLAATTIIOONN AANNDD PPRROOJJEECCTTEEDD GGRROOWWTTHH
Land Uses
Land uses within the District are primarily residential with some public uses (the
District’s recreation center and two parks).
Current Population
As of 2010, the District had approximately 3,983 residents, based on GIS analysis of
2010 Census data.
Disadvantaged Unincorporated Communities
LAFCO is required to evaluate disadvantaged unincorporated communities as part of
this service review, including the location and characteristics of any such communities. A
disadvantaged unincorporated community is defined as any area with 12 or more
13 Government Code §26909.
SPECIAL DISTRICTS SERVICE REVIEW 20
LAFCO OF SANTA CLARA COUNTY
RANCHO RINCONADA RECREATION AND PARK DISTRICT
registered voters, or as determined by commission policy, where the median household
income is less than 80 percent of the statewide annual median.14
The California Department of Water Resources (DWR) has developed a mapping tool to
assist in determining which communities meet the disadvantaged communities median
household income definition. DWR is not bound by the same law as LAFCO to define
communities with a minimum threshold of 12 or more registered voters. However, the
DWR data can be used for the purposes of this report as an indicator of any larger
communities that may meet the income definition of disadvantaged. Based on mapping
information from DWR, there are no disadvantaged unincorporated communities within or
adjacent to RRRPD.15
Projected Growth
Minimal population growth is anticipated within the District’s bounds, as the area is
entirely built out. While population projections specific to the District are not available,
future population may be imputed from the Association of Bay Area Government’s (ABAG)
projections for the City of Cupertino. ABAG projects that the City will experience four
percent growth over the 25-year period from 2010 to 2035, which is equivalent to 0.2
percent average annual growth.16 Should the territory within RRRPD experience growth
similar to that of the entire City, then the District is anticipated to have a population of
4,142 in 2035.
FFIINNAANNCCIINNGG
Financial Adequacy
The District reported that the current level of financing is adequate to provide services.
District revenues have exceeded expenditures for four of the past five fiscal years (2007-
2011), as shown in Figure 1-4. In FY 11, the District experienced a decrease in income from
service charges, due to a decline in usage of the facility. Also in FY 11, the District made
investments in capital assets in excess of previous years. Consequently, district
expenditures exceeded annual revenue, and the District used reserves to cover the excess
expenditures in that year. RRRPD has undertaken efforts to reduce costs, including low
flow shower heads, reduced phone bills, and a reduction in security; however, as the
District’s primary expenditure is salaries for staffing essential to the services offered, the
District reportedly has more of a focus on increasing revenues by offering more services.
14 Government Code §56033.5.
15 DWR maps and GIS files are derived from the US Census Bureau's American Community Survey (ACS) and are compiled
for the five-year period 2006-2010.
16 ABAG, Projections 2009, 2009.
SPECIAL DISTRICTS SERVICE REVIEW 21
LAFCO OF SANTA CLARA COUNTY
RANCHO RINCONADA RECREATION AND PARK DISTRICT
Figure 1-4: RRRPD Revenues and Expenditures, FYs 07-11
$600,000
$500,000
$400,000
$300,000
$200,000
$100,000
$-
FY 07 FY 08 FY 09 FY 10 FY 11
Revenues Expenditures
Source: FY 2007–FY 2011 Independent Financial Audits
Revenue Sources
In FY 11, the District received $465,427 in revenue as depicted in Figure 1-5. The
primary sources of revenue for the District are property taxes (67 percent) and fees for
service (33 percent). Revenue from fees for services decreased in FY 11 by $69,952, due to
reductions in use of the center. The District reported that usage of the public swim
facilities greatly depends on weather, and mild summers lead to less usage. The beginning
of Summer 2011 was particularly cool and wet, leading to less pool patrons. Additionally,
RRRPD’s revenues are greatly constrained by the facility and staffing capacity.
Figure 1-5: RRRPD Revenue Sources, FY 11
Revenue Category Revenue % of Total Revenue
Property Tax $310,177 66.6%
Interest and Investment
Income $1,372 0.3%
Fees for Service $153,878 33.1%
Total $465,427 100.0%
Source: FY 2011 Independent Financial Audit
SPECIAL DISTRICTS SERVICE REVIEW 22
LAFCO OF SANTA CLARA COUNTY
RANCHO RINCONADA RECREATION AND PARK DISTRICT
Rates
Figure 1-6 presents a list of the rates and user fees charged by the District for
recreation activities. The District most recently increased its rates in 2006. The District
charges a slightly higher rate for non-residents for a majority of activities. Certain charges
are significantly discounted for seniors over 55 years of age, as shown below, for example
lap swim passes. Charges are the same regardless of residency for certain activities,
including the After School Program, Kids Night Out, and pre-competitive swim training.
Figure 1-6: RRRPD Rates for Residents and Non-Residents
Category Resident Non-Resident
Public Swim
Single Entry (4-55 yrs) $2.50 $3.00
Single Entry (55+ yrs) $1.50 $2.00
Group Discount $2.50 $2.50
10 punch card $23.00 $28.00
20 punch card $45.00 $55.00
Single Summer Pass (4-55 yrs) $60.00 $70.00
Single Summer Pass (55+ yrs) $30.00 $35.00
Family Summer Pass $120.00 $150.00
Add 1 to Summer Pass $25.00 $25.00
Lap Swim
Single Entry (4-55 yrs) $1.50 $2.00
Single Entry (55+ yrs) $1.00 $1.25
3 month pass (4-55 yrs) $45.00 $50.00
3 month pass (55+ yrs) $20.00 $25.00
Swim Lessons
Single Lesson $20.00 $20.00
8 Lessons-Session $130.00 $150.00
Group Lesson $100.00 $100.00
Swim Team
Swim Team/Month $80.00 $80.00
Pre-Competitive Swim Training (2 wks) $150.00 $150.00
Kids Activities:
Kids Night Out $5.00 $5.00
After School Program (month) $350.00 $350.00
After School Program (10 passes) $200.00 $200.00
Additionally, the District charges rental fees for rental of the BBQ area, recreation hall
and swimming pool. These rates generally depend on day of the week for the rental. The
BBQ area may be rented for a three-hour period for $60 or for six hours for $100. The
recreation hall may be rented on weekdays for $50 an hour regardless of residency and for
$75 residents/$100 non-residents per hour on the weekends. Pool rental is $140 per hour
with the required minimum of two lifeguards, and $20 additional per hour for each
additional lifeguard.
Figure 1-7 presents the rates charged by the District for certain swimming activities in
comparison to the Cities of Cupertino and Campbell—two neighboring providers of similar
swimming services. The District’s rates are the lowest among the three service providers.
SPECIAL DISTRICTS SERVICE REVIEW 23
LAFCO OF SANTA CLARA COUNTY
RANCHO RINCONADA RECREATION AND PARK DISTRICT
It is recommended that the District conduct a rate study to ensure that rates are
sufficient to cover operation and capital needs and appropriate compared to those rates
charged by other service providers. Additionally, the District should consider charging
higher rates for non-residents, given that current rates are substantially lower than other
providers, and property tax revenues from residents are in essence subsidizing services to
non-residents.
Figure 1-7: Neighboring Provider Rate Comparison
Type of Swim Recreation
Provided Rancho Rinconada Cupertino Campbell
Private Swim Lesson - Resident $130 $210 N/A
Adult Lap Swim-Drop In -
Resident $1.50 $4 $7
Adult Lap Swim - 20-day pass -
Resident $30 $60 $80
Sources: City of Cupertino Parks and Recreation staff and City of Campbell Spring 2013 Activity Guide
Expenditures
In FY 11, the District expended a total of $480,071 as depicted in Figure 1-8. A majority
(63 percent) of expenditures are attributable to wages and related payments to staff.
Expenditures increased in FY 11 by $36,453 compared to FY 10, due to several capital
improvements, including replacement of pool covers, new dividers in the bathrooms, and
painting of the bathrooms and recreation activity room.
Figure 1-8: RRRPD Expenditures, FY 11
Expense Category Expenditure % of Total Expenditures
Payroll and Related $302,788 63.1%
Operating Expenses $177,283 36.9%
Total $480,071 100.0%
Source: FY 11 Independent Financial Audit
Capital Outlays
The District has not developed or adopted a written capital improvement program.
Capital improvements are planned for in the District’s annual budget. The District
attributes capital repairs in its financial statements to operating expenses.
Reserves
The District does not have a formal policy regarding the level of reserves to be
maintained at any given time; however, given the District aims to maintain its balance as
high as possible. The District does not maintain a separate reserve fund, and instead
groups roll-over cash balances from year to year in its single general fund. The balance of
which may be used for operating needs, contingencies and capital needs.
SPECIAL DISTRICTS SERVICE REVIEW 24
LAFCO OF SANTA CLARA COUNTY
RANCHO RINCONADA RECREATION AND PARK DISTRICT
Given that the District does not separate out reserves from its general operating
revenue, it is difficult to identify what the District’s actual level of savings is. At the end of
FY 11, the District maintained a general fund balance of $519,827 or 108 percent of FY 11
expenditures. The District’s roll-over fund balance has doubled in the past five years, from
$255,957 in FY 07 to $519,827 in FY 11. However, a majority of this fund balance is to be
used for operations over the next fiscal year.
It is recommended that the District clearly define and designate its reserves for
contingencies and capital needs separate from its operating cash balance.
Debt
The District does not have any long-term debt.
IINNFFRRAASSTTRRUUCCTTUURREE AANNDD FFAACCIILLIITTIIEESS
The District owns and operates the recreation center at 18000 Chelmsford Drive in
Cupertino, near the corner of Bollinger Road and Lawrence Expressway. This property and
facility are the District’s sole assets.
The recreation center property is 1.992 acres. The center has an outdoor five-lane, 25-
yard swimming pool of 2,910 square feet and 120,000 gallons. The pool has a maximum
capacity of 140 persons. The recreation center provides approximately 4,933 square feet of
indoor space, and includes a bathhouse with restrooms and showers, a snack bar, a kitchen,
and a recreational activity room/hall and office.
Administration office hours for the District in the summer are typically 9 am to 8 pm
Monday through Friday and 12 pm to 6 pm Saturday and Sunday. During other seasons, the
office is open from 9 am to 2 pm and 3 pm to 8 pm Monday through Friday. Similarly,
center hours differ based on season. During the summer, the center is typically open 7 am
to 8 pm Monday to Thursday, 12 pm to 9:30 pm on Fridays, and 12 pm to 6 pm on the
weekends. During the off season, the center is open 7 am to 9 am and 3 pm to 7 pm
Monday to Thursday and 6 pm to 9:30 pm on Fridays.
In the past five fiscal years, the District has made a number of improvements, including
re-roofing the recreation center, painting the fence around the recreation center, replacing
two fence gates, upgrading the swimming pool equipment, replacing computers, pool
controls, and the television at the recreation center, repainting the exterior of the building,
and repairing damages caused by termite infestation.
Additionally, new furniture and equipment were purchased within the past five fiscal
years, including a freezer, swimming pool pumps, LED swimming pool lights, a probe and
monitor saddle for the swimming pool, an air conditioner for the recreation center, an
employee time card clock, a large lap clock, pool covers, a storage shed, new drapes for the
recreation activity room, and playground equipment.
SPECIAL DISTRICTS SERVICE REVIEW 25
LAFCO OF SANTA CLARA COUNTY
RANCHO RINCONADA RECREATION AND PARK DISTRICT
The District has not made any capital improvements since May 2011. However, the
District is in the process of updating its signage for the recreation center.
Infrastructure Needs
The recreation center, which was originally built in 1955 and completely renovated
between 1989 and 1991, appears to be reasonably maintained. The District reported that
there were no critical deferred maintenance issues; however, it is anticipated that
sometime over the next five years the pool deck will need to be replaced or covered due to
pitting. Other plans for improvements are generally small, such as new towel hooks, etc.
The District generally makes these improvements as needed and as financing allows.
Shared Facilities
The District makes its facility available to the Registrar of Voters for biennial elections.
DDEEMMAANNDD FFOORR SSEERRVVIICCEESS
The District reported that there was a noticeable decline in use of the District’s services
in FY 11, which is attributable to weather and district capacity constraints. The District
reported that it is unable to keep up with demand with regard to swimming lessons,
primarily, due to the small size of the pool and limited staffing. Classes are always filled to
maximum capacity and potential customers are turned away. The District is reportedly
working to address staffing constraints and expanding classes offered.
The District uses various means to track use of the facility and recreation programs.
Attendance during public swim on any given day may be tracked via receipt of payments
for each swim. The District estimated that average daily public swim attendance was
between 80 and 90 persons in July and August 2012. The District reported that
approximately 45 percent to 55 percent of public swim attendance consists of non-district
residents.
Attendance at swim lessons is roughly estimated base on the number of instructors and
the average class size for each lesson during the summer of 2012.17 The District estimated
that approximately 128 customers attend swim lessons on any given day.
Lap swim attendance is tracked via a sign-in sheet that is administered by the
lifeguards. Unfortunately, the District’s computer tracking system for this information was
deleted sometime in late 2012. Based on a memory of this information, there are
approximately 25 lap swimmers per day during the summer, and during the off season in
the spring there are approximately 12 to 20 swimmers each day.
17 There are generally eight swim instructors in the morning and 12 instructors in the afternoon. Each instructor offers
one-on-one training, with instructors training four sessions each in the morning and eight sessions each in the afternoon.
SPECIAL DISTRICTS SERVICE REVIEW 26
LAFCO OF SANTA CLARA COUNTY
RANCHO RINCONADA RECREATION AND PARK DISTRICT
Youth swim team attendance is tracked by the swim coaches on written logs. Like the
other pool related activities, attendance greatly depends on the season. Based on the logs
in 2012, there are between 30 and 60 children that take part in swim team activities on a
daily basis—with higher attendance in the summer and lower attendance in the off season.
The District tracks attendance at Kids Night Out in a written log; however, these records
were lost. While attendance can range from 15 to 30 students in any week, the District
estimated that on average there are 21 children that attend Kids Night Out every week.
Attendance fluctuates based on the kids’ school year and vacation schedule.
As of February 2013, the After School Program serves between five and eight children
on a daily basis. Participation in the After School Program is estimated based on the
number of monthly subscribers and adjusted to account for those children who use punch
passes.
Given the capacity limitations of the facility, and the need for the District to more
efficiently make use of the space available, the District should conduct thorough tracking of
use of the pool, during public swim, lap swimming, lessons, and swim team.
GGOOVVEERRNNAANNCCEE SSTTRRUUCCTTUURREE OOPPTTIIOONNSS
Within Cupertino, the City and the District both provide recreation services. The
swimming pool provided by the District is located four miles from the two swimming pools
provided by the City at Blackberry Farm Park and one mile from the Cupertino High School
pool. The District’s facility is located in close proximity to other Cupertino park facilities as
well, such as Creekside Park, a 13-acre city park located 1.4 miles from the District’s
facility. The duplication in services delivered within the boundaries of Cupertino creates
inherent inefficiencies and fragmented service delivery and impedes long-term planning
for the delivery of recreation services to the residents of Cupertino.
Additionally, RRRPD’s primary revenue source is a portion of the one percent property
tax, meaning that residents of the area are paying for recreation services to two separate
public entities and that the City receives less property tax revenue from the areas within
RRRPD. The City generally uses property tax revenue to fund general services, from which
RRRPD residents reap the same benefits as other city residents; however, as a result of
RRRPD receiving a portion of the total one percent property tax levied in the area,
residents of the District are paying a smaller portion of the total one percent property tax
into the City’s general services than other city residents. Alternatives exist for the District
and the City in operation and governance for a more efficient approach to serve the
Cupertino community.
There are four governance structure options for RRRPD.
The first alternative is maintaining RRRPD as an independent special district, with steps
to improve the services provided by the District, its transparency and accountability. Under
SPECIAL DISTRICTS SERVICE REVIEW 27
LAFCO OF SANTA CLARA COUNTY
RANCHO RINCONADA RECREATION AND PARK DISTRICT
this alternative, the District would continue to operate as an independent special district,
but would make improvements, including the following:
Long-term business planning for the delivery of services by the District,
including conducting a recreation needs assessment, developing a business plan,
and developing a mission statement, goals, objectives, and performance
measures;
Long-term financial planning for services by developing a five-year capital
improvement program and jointly reviewing rates to ensure that they are set at
sufficient levels to cover all operational and capital needs; and
Enhancing accountability and transparency by adopting a policy on expense
reimbursements as part of the District’s policies and administrative regulations,
and developing and implementing a plan to enhance outreach to district
residents in an effort to increase interest in board activities.
Adopting this alternative would have the following potential advantages and
disadvantages, should conditions remain unchanged.
Figure 1-9: Advantages and Disadvantages of Continuing as a Special District
Advantages Disadvantages
The delivery of services by the District The District could potentially revert to
would continue uninterrupted. old practices over time.
The long-term business planning of the Property tax revenues levied from
District would be enhanced by within the District would continue to be
conducting a recreation needs dispersed to two agencies providing
assessment. recreation services (RRRPD and the
City).
The variety of recreation services The property tax revenues collected by
provided by the District could be RRRPD would continue to be directed
enhanced, as a result of the recreation away from the City’s general fund used
needs assessment. for general city services. District
residents would continue to benefit
from these city services but contribute
less for these services than other city
residents.
The long-term financial planning of the
District could be enhanced by a rate
comparison study and development of a
five-year capital improvement program.
The accountability and transparency of
the District could be enhanced by
adopting a policy on expense
reimbursements and by developing and
implementing efforts to enhance
interest in district activities.
SPECIAL DISTRICTS SERVICE REVIEW 28
LAFCO OF SANTA CLARA COUNTY
RANCHO RINCONADA RECREATION AND PARK DISTRICT
Following the release of this document, RRRPD and the City of Cupertino met to discuss
options for partnering and sharing of facilities and resources to enhance services to city
and district residents. The District proposed this option as a means of reducing the
identified fragmentation in recreation services in the area and perhaps pooling available
resources between the agencies. The potential partnership is in the early phase of informal
discussion, and the exact structure of the proposed partnership has not yet been
established. It should be noted that the proposed partnership, while a means to enhance
efficiency and cooperation between the two agencies, would not eliminate the duplication
of services offered by the two public agencies.
Another governance structure option for RRRPD may be merger with the City of
Cupertino. A merger is defined as the termination of the existence of a district when the
responsibility for the functions, services, assets, and liabilities of that district are assumed
by a city.18 Government Code §57104 requires that all territory of a district must be within
the City for which merger is proposed. In the case of RRRPD, there are two parcels with
parkland in the east, which are within the City of San Jose. In order for merger of RRRPD
with the City of Cupertino to be a possibility, these parcels would need to be detached from
the District. Upon merger with the City, the District would cease to exist as a special
district and the City would assume all assets, functions and governance along with all debts
and liabilities. In order for the City to receive the property tax currently dedicated to the
District, negotiations with the County would need to be conducted.
Adopting this alternative would have the following potential advantages and
disadvantages, should conditions remain unchanged.
Figure 1-10: Advantages and Disadvantages of Merger with City of Cupertino
Advantages Disadvantages
The fragmentation in service delivery of Unless negotiated, the District’s
recreation services in Cupertino would property tax revenue may be disbursed
be eliminated by a single entity among other taxing agencies that
providing services. receive a portion of the one percent
property tax, and the City may have to
take on operations and liability of the
facility without the additional revenue
source. Taking on operations of the
pool without supporting revenues may
require the City to reduce its costs and
service levels to compensate.
Long-term planning for the delivery of The delivery of services to area
recreation services to the residents of residents could potentially be
Cupertino would be enhanced. interrupted during the transition
period.
The management of recreation service Any additional property tax revenue
delivery to the residents of the District received as a result of the merger would
18 Government Code §56056.
SPECIAL DISTRICTS SERVICE REVIEW 29
LAFCO OF SANTA CLARA COUNTY
RANCHO RINCONADA RECREATION AND PARK DISTRICT
would be enhanced with the substantive go into the City’s general fund and
management and supervisory structure possibly be divided among the various
of the City’s Parks and Recreation municipal services offered.
Department.
Enhanced efficiencies by eliminating an
additional level of government.
Enhanced ease of use for constituents,
with a single provider of services.
Another governance option may be establishing the District as a subsidiary district of
the City of Cupertino. As a subsidiary district RRRPD would continue to exist as a legal
entity, but the City Council is designated as the ex officio board of directors of the District.
At least 70 percent of the territory within the District or 70 percent of registered voters of
the District must be within the City, in order to meet legal requirements of establishing a
subsidiary district.19 In the case of RRRPD, the territory of the District lies almost entirely
within the City of Cupertino, meeting the requirements to be a subsidiary district.
The establishment of RRRPD as a subsidiary district would not change the legal status
of the District as a special district; however, it would exchange the existing elected district
Board of Directors for the City Council as the ex-officio board of directors. Similar to
merger, the City would assume all assets, functions and governance along with all debts
and liabilities of the subsidiary district. The establishment of the District as a subsidiary
district of the City would not change the designation of the share of the ad valorem
property tax received by the District. This option may be initiated by the Commission,20 the
legislative body of the district wishing to establish itself as a subsidiary district,21 the
legislative body of a city wishing to establish a subsidiary district,22 or by petition.23
Adopting this alternative would have the following potential advantages and
disadvantages, should conditions remain unchanged.
19 Government Code §57105.
20 Government Code §56375(a)(2)(D).
21 Government Code §56658(a).
22 Government Code §56658(a).
23 Government Code §56866
SPECIAL DISTRICTS SERVICE REVIEW 30
LAFCO OF SANTA CLARA COUNTY
RANCHO RINCONADA RECREATION AND PARK DISTRICT
Figure 1-11: Advantages and Disadvantages of Establishing a Subsidiary District
Advantages Disadvantages
The fragmentation in service delivery of The delivery of services to area
recreation services in Cupertino would residents could potentially be
be eliminated by a single entity interrupted during the transition
providing services. period.
Long-term planning for the delivery of The property tax revenues collected by
recreation services to the residents of RRRPD would continue to be directed
Cupertino would be enhanced. away from the City’s general fund used
for general city services. District
residents would continue to benefit
from these city services but contribute
less for these services than other city
residents.
The management of recreation service
delivery to the residents of the District
would be enhanced with the substantive
management and supervisory structure
of the City’s Parks and Recreation
Department.
Enhanced efficiencies by eliminating an
additional level of government.
Enhanced ease of use for constituents,
with a single provider of services.
The potential advantages to forming RRRPD as a subsidiary of the City of Cupertino
would be largely similar to merger of the two agencies as previously reported. The most
notable difference to the disadvantages would be that the property tax revenue presently
collected by RRRPD would be guaranteed to continue to be dedicated to recreation services
in the community. The City would receive the property taxes and would be required to
account for the activities associated with the District’s functions separately from other city
services. In the case of a merger between the two agencies, any additional property tax
revenue received would go into the City’s general fund and possibly be divided among the
various municipal services offered.
This alternative should be the subject of additional study to determine the level of
benefit in terms of services and anticipated costs and savings. The special study should
also describe in more detail the process of a merger or becoming a subsidiary district.
Prior to moving forward with this option, the City of Cupertino would need to be
approached regarding interest in taking on the associated responsibilities.
Dissolution of the District and designating the City of Cupertino as the successor is
essentially the same as merger with the City, which was discussed previously. No other
suitable or potential successor agencies have been identified to continue services for the
District should it be dissolved.
SPECIAL DISTRICTS SERVICE REVIEW 31
LAFCO OF SANTA CLARA COUNTY
RANCHO RINCONADA RECREATION AND PARK DISTRICT
RRAANNCCHHOO RRIINNCCOONNAADDAA RREECCRREEAATTIIOONN AANNDD PPAARRKK DDIISSTTRRIICCTT
SSEERRVVIICCEE RREEVVIIEEWW DDEETTEERRMMIINNAATTIIOONNSS
Growth and Population Projections
Rancho Rinconada Recreation and Park District’s (RRRPD) population is
approximately 3,983 based on GIS analysis of 2010 Census data.
Minimal population growth is anticipated within the District’s bounds, as the area is
entirely built out. Should RRRPD experience growth similar to that anticipated for
the City of Cupertino by the Association of Bay Area Governments, then the District
is projected to have a population of 4,142 in 2035.
Location and Characteristics of any Disadvantaged
Unincorporated Communities Within or Contiguous to the
Sphere of Influence
There are no disadvantaged unincorporated communities within or adjacent to the
District.
Present and Planned Capacity of Public Facilities and
Adequacy of Public Services, Including Infrastructure Needs
and Deficiencies
The District has limited facility and staffing capacity to address demand. The pool is
small, which hinders the daily program offerings during the summer. Also,
programming is greatly reliant on staff availability. Swim lessons are reportedly
always filled to maximum capacity and the District must turn potential customers
away. The District is working to expand swim lessons offered to meet constituent
needs by making more efficient use of space, scheduling enhancements, and
expanding staffing levels.
Given the capacity limitations of the facility, and the need for the District to more
efficiently make use of the space available, the District should conduct thorough
tracking of use of the pool, during public swim, lap swimming, lessons, and swim
team.
The recreation center appears to be reasonably maintained. The District reports
that there are no significant infrastructure needs related to services provided.
The District provides a limited array of recreation services, primarily aquatic
services. It is recommended that the District conduct a recreation needs assessment
in conjunction with an assessment of the current facility use to determine the
SPECIAL DISTRICTS SERVICE REVIEW 32
LAFCO OF SANTA CLARA COUNTY
RANCHO RINCONADA RECREATION AND PARK DISTRICT
interest of its residents in expanding the array of recreation services provided and
availability of space for these services.
The District does not conduct long-term planning for the delivery of services. The
District has not adopted goals, objectives, or performance measures, and has not
prepared a business plan to guide the efforts of the District. It is recommended that
the District develop and adopt goals, objectives, and performance measures and
prepare a business plan to provide direction for delivery of services by the District
over the next three to five years.
Financial Ability of Agency to Provide Services
The District appears to have sufficient financial resources to provide an adequate
level of service. The District has been able to generate sufficient revenues to exceed
expenditures in four of the past five fiscal years and maintains no long-term debt.
However, the District is working to add additional programs to expand revenue
sources and ensure sufficient funds in future years.
The rates charged by the District for aquatic services appear to be lower than those
charged by the neighboring Cities of Campbell and Cupertino for similar services.
These low rates enhances the District’s reliance on property tax revenue to provide
services. It may be appropriate for the District to conduct a survey of fees charged
by other similar service providers, and simultaneously develop a capital
improvement plan to ensure that charges for services are sufficient to cover all
potential capital needs. Additionally, the District should consider charging higher
rates for non-residents, given that current rates are substantially lower than other
providers, and property tax revenues from residents are in essence subsidizing
services to non-residents.
RRRPD has not compiled or adopted a capital improvement plan. It is
recommended that all agencies have a multi-year capital improvement program,
which may be used to identify timing and funding for the projects.
It is recommended that the District clearly define and designate its reserves for
contingencies and capital needs separate from its operating cash balance.
Status and Opportunities for Shared Facilities
The District makes its facility available to the Registrar of Voters for biennial
elections. No other opportunities for facility sharing with other public agencies were
identified.
SPECIAL DISTRICTS SERVICE REVIEW 33
LAFCO OF SANTA CLARA COUNTY
RANCHO RINCONADA RECREATION AND PARK DISTRICT
Accountability for Community Services, Including
Governmental Structure and Operational Efficiencies
The District generally demonstrated accountability and transparency with regard to
governance by adopting a mission statement as part of its bylaws, adopting an
annual budget prior to the start of the fiscal year, publishing agendas for public
meetings as legally required, filing of Form 700 Statement of Economic Interest and
completion of ethics training by all board members, and by maintaining a website
where information is made available to the public.
Several improvements could be made to the District’s operations in order to
enhance accountability and transparency. The District should file a copy of its
annual budget with the County Auditor as required by Government Code §53901.
The Board of Directors should adopt a policy on expense reimbursements as part of
the their policies and administrative regulations. In order to enhance constituent
interest and participation, the District could make use of advertisements in public
newspapers and mail information to residents regarding the Board of Directors and
district services.
Possible governance structure alternatives with regard to RRRPD include 1)
continued operations as an independent special district with efforts to improve
upon long-term business and financial planning and accountability, 2) merger with
the City of Cupertino, 3) establishment of the District as a subsidiary district of the
City, or 4) dissolution of the District and identify successor agency other than the
City of Cupertino.
It is recommended that further analysis be conducted to identify and quantify the
benefits of RRRPD becoming a subsidiary district of the City of Cupertino. Prior to
moving forward with this option, discussions need to be held with the City of
Cupertino to assess interest on the part of the City.
SPECIAL DISTRICTS SERVICE REVIEW 34
LAFCO OF SANTA CLARA COUNTY
RANCHO RINCONADA RECREATION AND PARK DISTRICT
RRAANNCCHHOO RRIINNCCOONNAADDAA RREECCRREEAATTIIOONN AANNDD PPAARRKK DDIISSTTRRIICCTT
SSPPHHEERREE OOFF IINNFFLLUUEENNCCEE UUPPDDAATTEE
Existing Sphere of Influence Boundary
RRRPD presently has a zero sphere of influence.
Recommended Sphere of Influence Boundary
Given the District’s duplication in services with the City of Cupertino, it is recommended
that RRRPD continue to maintain a zero sphere of influence, indicating that the District
should eventually not exist as an independent special district. In this case, it is
recommended that the City of Cupertino and the District consider formation of RRRPD as a
subsidiary district of the City. There are several potential advantages to these options as
identified in the Governance Structure section of this chapter, but most importantly it
minimizes duplication of services by two separate agencies allowing for coordinated
recreation service offerings.
Proposed Sphere of Influence Determinations
The nature, location, extent, functions, and classes of services provided
RRRPD provides all services via its single recreation facility. The maintenance and
operation of this building and property, including delivery of recreation services at
that facility, are the sole services provided by the District. The District offers the
following recreation programs directly through district staff: swimming pool
activities, Kids Night Out, after-school activities, facility and barbeque rentals, a
snack bar, and a location for community-related activities.
Present and planned land uses in the area, including agricultural and open-space lands
Land uses within the District are primarily residential with some public uses (the
District’s recreation center and two parks).
There are no agricultural or open space lands within the District’s bounds.
Present and probable need for public facilities and services in the area
There is significant demand for the District’s services, and consequently, the District
is generally at maximum capacity during the summer months for pool-related
activities.
SPECIAL DISTRICTS SERVICE REVIEW 35
LAFCO OF SANTA CLARA COUNTY
RANCHO RINCONADA RECREATION AND PARK DISTRICT
Demand for the District’s services is anticipated to continue as residents will likely
have the sustained desire to learn how to swim and participate in swimming-related
fitness activities.
Present capacity of public facilities and adequacy of public services that the agency
provides or is authorized to provide
The District has limited facility and staffing capacity to address demand. The pool is
small, which hinders the daily program offerings during the summer. Also,
programming is greatly reliant on staff availability. Swim lessons are reportedly
always filled to maximum capacity and the District must turn potential customers
away. The District is working to expand its offerings to meet constituent needs.
The recreation center appears to be reasonably maintained. The District reports
that there are no significant infrastructure needs related to services provided.
The District provides a limited array of recreation services, primarily aquatic
services. It is recommended that the District conduct a recreation needs assessment
in conjunction with an assessment of the current facility use to determine the
interest of its residents in expanding the array of recreation services provided and
availability of space for these services.
The District does not conduct long-term planning for the delivery of services. It is
recommended that the District develop and adopt goals, objectives, and
performance measures and prepare a business plan to provide direction for delivery
of services by the District over the next three to five years.
Existence of any social or economic communities of interest in the area if the Commission
determines that they are relevant to the agency
The District entirely consists of territory within the City of Cupertino, with the
exception of two park parcels that are within the City of San Jose.
SPECIAL DISTRICTS SERVICE REVIEW 36
LAFCO OF SANTA CLARA COUNTY
SANTA CLARA COUNTY LIGHTING SERVICE AREA
2. SA N TA C L A R A COU N T Y
L I G H T I N G S E RVI C E A R EA
AAGGEENNCCYY OOVVEERRVVIIEEWW
Santa Clara County Lighting Service Area (SCCLSA) was created in 1964. It is a
dependent special district created in response to property-owner requests for streetlights
in some of the unincorporated areas of Santa Clara County. SCCLSA installs, maintains, and
services county-owned streetlights, as well as reimburses Pacific Gas and Electric (PG&E)
for installation and maintenance costs of PG&E-owned streetlights and electricity costs
associated with all streetlights within the District. The County’s Roads and Airports
Department administers the District. The most recent service review for SCCLSA was
completed in 2006.
The principal act that governs the District is the County Service Area law.24 The
principal act authorizes county service areas to provide a wide variety of municipal
services, including street maintenance, fire protection, extended police protection, water
and sewer services.25 Government Code §25212 grants the Board of Supervisors rights and
powers to administer service areas. A county service area may only provide those services
authorized in its formation resolution, unless the Board of Supervisors applies to and
receives authorization from LAFCO for activation of a latent power.26 Under LAFCO law,
districts must apply and obtain LAFCO approval to exercise latent powers or, in other
words, those services authorized by the principal act but not provided by the district at the
end of 2000.27
There are 458 lighting service areas and lighting maintenance districts in California.28
SCCLSA is the only dependent special district created for street lighting services in the
County.
24 California Government Code §25210.1-25211.3.
25 California Government Code §25210.4 and 25210.4a.
26 California Government Code §25213.5.
27 Government Code §56824.10.
28 California State Controller, Special Districts Annual Report Fiscal Year 2009 – 2010.
SPECIAL DISTRICTS SERVICE REVIEW 37
LAFCO OF SANTA CLARA COUNTY
SANTA CLARA COUNTY LIGHTING SERVICE AREA
Boundaries
The boundaries of SCCLSA consists of several non-contiguous areas in unincorporated
portions of the County. The areas are broken down into zones of benefit, of which there are
12. Combined, the SCCLSA territory totals 5.1 square miles.
Sphere of Influence
LAFCO originally adopted a zero SOI in 1982 for SCCLSA, recognizing that district lands
within cities’ urban service areas should annex to cities and lands outside of these urban
service areas should not receive urban types of services. However, during the District’s
most recent SOI update, in 2006, LAFCO adopted an SOI coterminous with SCCLSA’s
boundaries, as continued demand for the District’s services was likely.
Type and Extent of Services
Services Provided
SCCLSA operates, maintains, and services the County-owned streetlights located in
areas of public right-of-way in a number of different unincorporated communities of the
County. Maintenance of the streetlights includes repair, removal or replacement of all, or
part of, any streetlight. A majority of the streetlights in the area are owned by PG&E;
SCCLSA reimburses PG&E for services rendered to these streetlights, including the cost of
electricity for all lights within the District.
The County Roads and Airports Department provides the maintenance, repair, and
program management services on behalf of the District. The District acts as a financing
mechanism to reimburse the County and PG&E for these services, and does not maintain its
own dedicated staff.
Service Area
The District consists of 12 non-contiguous benefit zones (Zones 1-11 & 13). The zones
were created in 2000 in order to ensure that costs were accurately attributed to each area
and to identify the benefit to each parcel in the zones as the basis for a benefit assessment.
Because property owners in Zone 2 did not approve the proposed assessment, services
have not been provided in the area since 2000. More recently, in 2009, the territory that
made up Zone 12 was annexed to the City of San Jose, and was detached from SCCLSA;
therefore, SCCLSA is no longer responsible for the maintenance and operations of the street
lights in that area. All other zones are presently receiving street lighting services from the
District. Each zone is depicted in Figures 2-1 to 2-20 and described below.
Zone 1 consists of eight distinct areas south and east of the City of Morgan Hill.
SPECIAL DISTRICTS SERVICE REVIEW 38
LAFCO OF SANTA CLARA COUNTY
SANTA CLARA COUNTY LIGHTING SERVICE AREA
Zone 2 (presently inactive) is a single area abutting the western county line along SR
17.
Zone 3 consists of 13 areas scattered along the western limits of the cities of
Saratoga, Monte Sereno, Los Gatos, and San Jose.
Zone 4 is a single unincorporated island in the middle of San Jose.
Zone 5 consists of five separate unincorporated islands in the cities of Los Gatos
(one) and San Jose (four).
Zone 6 and Zone 11 are each single unincorporated islands in the City of San Jose.
Zone 7 consists of 11 areas located to the east of San Jose’s bounds, and is partially
outside the City’s urban service area.
Zone 8 (two areas) and Zone 9 (one area) are largely surrounded by the City of San
Jose along the City’s eastern limit. The areas are entirely within the City’s urban
service area.
Zone 10 consists of seven areas within an unincorporated island to the east of the
City of Los Altos Hills and the West of the City of Los Altos. The island is surrounded
by both cities on all sides.
Zone 13 is a single area located to the west of the City of Palo Alto, outside of the
City’s urban service area.
Service to Other Agencies
SCCLSA does not provide services to other public agencies.
Contracts for Services
The District does not have any formal contracts with other public agencies for service
delivery.
There is no formal contract with PG&E for providing services and electricity to the
streetlights. The County is billed a monthly charge per street light based on PG&E’s
published street light rate schedule as approved by the California PUC. The billing rate for
each street light is determined by the type and wattage of the lamp in the street light and
covers the cost of the electricity for the street light. For those streetlights owned by PG&E,
a facilities charge per street light per month is added to the electrical rate to account for
any capital maintenance or replacement performed by the company.
Collaboration
The District collaborates with PG&E to ensure that any reported streetlight issues are
passed on to the company to be addressed.
SPECIAL DISTRICTS SERVICE REVIEW 39
LAFCO OF SANTA CLARA COUNTY
SANTA CLARA COUNTY LIGHTING SERVICE AREA
Overlapping and Neighboring Service Providers
PG&E provides street lighting services similar to SCCLSA, throughout the County and
around the State.
There are streetlights in the unincorporated areas of Santa Clara County outside of the
SCCLSA benefit zones, which are also operated and maintained by the respective owners—
the County Roads and Airports Department and PG&E. These safety streetlights are in
areas along roads, highways or at intersections where it is considered a best practice to
have a well-lit area. The light does not provide any benefit specific to a particular
residential or commercial parcel or area, and in this case the County pays for maintenance
and PG&E electricity from the County’s Road Fund.
SPECIAL DISTRICTS SERVICE REVIEW 40
LAFCO OF SANTA CLARA COUNTY
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February 2013 Lighting Service Area Feet Th 3 f / r is 7 o / m m 20 a v 1 p a 3 r c i 9 o re : u 1 a s 0 t e s :4 o d 9 u b r A y c M e th s . e Y W : S \P h a r i n l o e ta j e d c C e t e l s a \ m r L a A e C d F o C re u O l n ia \ t P y b r l P o e j , l e a t c h n t e n s i \ n P L g l A a O F n C n ff i i O n c g e _ . L O T ig f h f h i e c ti e n G g a I _ S s S s d u e a m r t v a e ic s w e n _ a o A s r l c e ia o a b m . i m l p it x i y l d . ed Map Extent
BUDD AVE H W A L N U T K E N N E T H A V E D R W M A S O U H L Z D N A A O N C R I Y T R E O D A N O A V K D A E K A L S N A A V O L V D E S O A R C N E H T A O R D M A R D S E X P Y WI N A C H D E ES C L TE E H R R B O LV A D AV E VE E ME RS NI D O D R O N A C V O E UNTY H W C A M D E N A V E Y G4 S E B R C M H O TI VE E D L R L Ø Ø Ø Ø E Ø Ø R Y Ø Ø E Ø A D Ø Ø V D Ø E Ø I Ø Ø N Ø G Ø S Ø S R Ø U Ø T D N A Ø Ø R R Ø Ø I B Ø S R Ø E Ø I Ø G D Ø Ø H Ø R Ø T Ø N O R M A N D Y D R Ø M Ø D C Ø Ø Ø R Ø Ø Ø Ø G Ø L Ø S A L E R N O Ø D R Ø I Ø Ø N Ø Ø Ø C Ø Ø Ø E Ø Y C Ø A L Ø VI N A V E Ø Ø L Ø N Ø Ø Ø J O S E P H A V E Ø Ø Ø C Ø Ø Ø Ø A Ø Ø Ø Ø M Ø Ø Ø Ø Ø B Ø Ø R Ø Ø Ø Ø Ø V Ø I C Ø A Z S A Ø A Ø T N L O S R C W L A D Ø W Ø A H E N O R T M Y E I F L O Ø L E Ø I D O L S A D E R E R Ø A Ø D 5 S A D R T R Ø D D E VI A D C A R M E Ø N R R R R Ø ØØ A D C V D Ø I Ø R E R Y Ø O C Ø RE N Ø E Ø E K Ø Ø Ø Ø Ø Ø Ø Ø Ø Ø Ø Ø R Ø Ø W Ø Ø D Ø A Ø Y Ø ELD Ø E J N Ø O K P S A D B U O L Ø E IN O R E E L AI N E D R B P D R R H A Ø C R IN H A Ø E E A L R A B N Ø V S I T A P E R A V E N E D B A Ø E R V E G N O T R E N T R R A K A T S H L E E N S T O E T D Ø R N H E N N U I E L C Ø D L N V E M R A Ø W A S H A N T Ø A Y H A R R O V R W Ø U V A V E D N A E E R I M S S E Ø E T E A R I T V C I H Ø E T D E D C O R Ø I R D T D R R S Ø U T R O Ø D R TIO Ø C G Z R A ES O F Ø T R M L W O O P O N N Ø T O A C O D Y T R H E L D A E R Ø X N E F E D D O L R 4 R R E L D R Ø W D O E A S V O A E D D V Ø P N E A R R R N K C Ø L A O W A L M C N U Ø F N IL S C S T R S E T A R O Ø Ø Ø Ø Ø Ø Ø H Ø Ø Ø Ø O D S B C R I C T Y R I R U E S E K E S R H L A D V L R E E E Q L C D R N B W U R E O I I A R N T D E T A W D L O G M G S W O E A D E A A A U W Y Y M D E N W A B I W R O T D A S V R U A A O R T J E O Y Y N D H A M V A U N D E L D A A D D R M R S ES O A H N A P F A D R L A A R D T B J S I U N E L I I I D O H M A L A D V G E O V E O N R M I R R D E N G I D O A I R Z N A R A R W A I I R R V O L V L E A O O N E D C D A O W C A R Y D O D R K I R D K D R D R R A Q UIL A AV E RUPERT DR BARRETT AVE Ø
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Santa Clara County Cities Urban Service Areas Z
Lighting Service Area City Limits (Incorporated Areas)
0 500 1,000
February 2013 Lighting Service Area Feet Th 3 f / r is 7 o / m m 20 a v 1 p a 3 r c i 9 o re : u 1 a s 0 t e s :4 o d 9 u b r A y c M e th s . e Y W : S \P h a r i n l o e ta j e d c C e t e l s a \ m r L a A e C d F o C re u O l n ia \ t P y b r l P o e j , l e a t c h n t e n s i \ n P L g l A a O F n C n ff i i O n c g e _ . L O T ig f h f h i e c ti e n G g a I _ S s S s d u e a m r t v a e ic s w e n _ a o A s r l c e ia o a b m . i m l p it x i y l d . ed Map Extent
BU C K ZONE 5 EYEDR ØØØØØØØ Ø Ø Ø Ø Ø Ø Ø Ø Ø Ø Ø Ø Ø Ø Ø Ø Ø Ø Ø Ø Ø Ø Ø Ø Ø Ø Ø ALANA DR ØØØØØ V P M E D A R O L W I A D V L E R L L E C C P W A O L R M H I O A S S N U E L I M R D M T C R D E D R K O C R R V M B R D U E S E A N E E R R K I T P E O L S N O R R K D T E D T T D D D Y F N O N R L O L E I D E R N N R A N D W V R W D E R A S G ?ÂE Y TR R E O H A E T IN H E E T S H P P A N V E C E B R T A L N TIST N A E A A L R D Z K V B L A A R I E L R L E G A E Z I A A H L D O D A T C A O I E N N V G L L L L O I E I N E N N L A B Y E L W L A V L L A V D N U N A Y A E A G E S A T T A H L A A L H M W E A C Y A D T R W Y O R O O D O B M B R U L A W L E N O C L E R D E B A O R E A R I S O R D S D H H N C E R R I I E N H L T L L D U A L L I L R D N A S R A V O D V E M A E D E L R G E A D E V R D E E E S L F W A M H E O A I N S N V S T D D I E R S C R T IT A O P V A I R S C K T H A D AR D R T R ER P A R H K B D U D V G L R A L I A U Y A E R L E D W L I S G F A R P N H P IE D A R L T D I R S D N W R K I E N G S D A D G C E T D Y P E I A R R I W A L A A R M T L O R E A N R O I A D K E D H L M R C V E L IR A C O A E H D O M I D D L W R L R T C A A A Y L R P Y A W T V A AL V E I O M A N E H W Y O A D D N E A R R T S Y E T P R E E O R D Y U S L R C I D E W Y R T K D A C E O O R R E L N S L C S E C H S N E T W D I I N O L R A A S A R T L V B U G P E E T D E A N R G A R R R G B K S I I D U U N O T U G E R A S V M N E S P C A T P A R F K K D V A E D I E E R F R V L E E E A V L E N D U T M H R O E A N N E R W C T T H A A S L A A O C N O P G A V I R I A O E C U R T Y O O D D H M O K D R S O L O E E D B N R C E O E D A X T I D R P R H L Y R J N D A S R C I K L I V E D E P O T T S D R R RB E R R Y Y D U R M A C S S C O N A Y N C E T N D O A D E R A V S R E R N P D T R E E ES B LV N R S D C T A E IE N D R R R W O A A S M Y E S T K Z O Y I W E N A S Y D T D R N R E E R L D P Y A W A M O L A R IM I C T Y M C A A S A I E I G V R J N V S N A T N O T E S E V W O O L R C N K E A N L R R T A O Y D D S E E L D L I S I S E Y Y Y A W N O M D A R L N A S N B N H R R T A G D A B A C L S A L O R Y V I H E O C A M U T E K R N S D O E N E R I J Y N D S W S S W L R T R A A V I o D A A Y B A H D Y N a R N O R s O A D U n C D N A e C D I L E E E S H S D H A E S R A V L V L E Y E T H N E H M A UI D R S A R O N E R W C R M E R A O A O K A U N A I L D O E V R D E L K R Y E M H Y Y N A E E V N O O A A B M Y V T D R L O I E E S B A Y R O L K W S O A A E S V E N N R O D W D K W W A Y R A A P T O S T A V A E Y U L Y O E B U E W A R Y S R D
Santa Clara County Cities Urban Service Areas Z
Lighting Service Area City Limits (Incorporated Areas)
0 500 1,000
February 2013 Lighting Service Area Feet Th 3 f / r is 7 o / m m 20 a v 1 p a 3 r c i 9 o re : u 1 a s 0 t e s :4 o d 9 u b r A y c M e th s . e Y W : S \P h a r i n l o e ta j e d c C e t e l s a \ m r L a A e C d F o C re u O l n ia \ t P y b r l P o e j , l e a t c h n t e n s i \ n P L g l A a O F n C n ff i i O n c g e _ . L O T ig f h f h i e c ti e n G g a I _ S s S s d u e a m r t v a e ic s w e n _ a o A s r l c e ia o a b m . i m l p it x i y l d . ed
Map Extent
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Santa Clara County Cities Urban Service Areas Z
Lighting Service Area City Limits (Incorporated Areas)
0 500 1,000
February 2013 Lighting Service Area Feet Th 3 f / r is 7 o / m m 20 a v 1 p a 3 r c i 9 o re : u 1 a s 0 t e s :4 o d 9 u b r A y c M e th s . e Y W : S \P h a r i n l o e ta j e d c C e t e l s a \ m r L a A e C d F o C re u O l n ia \ t P y b r l P o e j , l e a t c h n t e n s i \ n P L g l A a O F n C n ff i i O n c g e _ . L O T ig f h f h i e c ti e n G g a I _ S s S s d u e a m r t v a e ic s w e n _ a o A s r l c e ia o a b m . i m l p it x i y l d . ed
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Santa Clara County Cities Urban Service Areas Z
Lighting Service Area City Limits (Incorporated Areas)
0 500 1,000
February 2013 Lighting Service Area Feet Th 3 f / r is 7 o / m m 20 a v 1 p a 3 r c i 9 o re : u 1 a s 0 t e s :4 o d 9 u b r A y c M e th s . e Y W : S \P h a r i n l o e ta j e d c C e t e l s a \ m r L a A e C d F o C re u O l n ia \ t P y b r l P o e j , l e a t c h n t e n s i \ n P L g l A a O F n C n ff i i O n c g e _ . L O T ig f h f h i e c ti e n G g a I _ S s S s d u e a m r t v a e ic s w e n _ a o A s r l c e ia o a b m . i m l p it x i y l d . ed
Map Extent
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SANTA CLARA COUNTY LIGHTING SERVICE AREA
AACCCCOOUUNNTTAABBIILLIITTYY AANNDD GGOOVVEERRNNAANNCCEE
The District was formed as a dependent special district with the Santa Clara County
Board of Supervisors as its governing body. The five county supervisors are elected to four-
year terms of office with a three-term limit. Current board member names, positions, and
term expiration dates are shown in Figure 2-22.
Figure 2-22: SCCLSA Governing Body
Santa Clara County Lighting Service Area
District Contact Information
Contact: Dawn Cameron, County Transportation Planner
Address: 101 Skyport Drive, San Jose, CA 95110-1302
Telephone: 408-573-2465
Email: dawn.cameron@rda.sccgov.org
Website: www.countyroads.org
Board of Directors
Began Manner of Length
Member Name Position Term Expires
Serving Selection of Term
Mike Wasserman District 1 2010 November 2014 Elected 4 years
Vacant District 2 NA November 2016 NA 4 years
Dave Cortese District 3 2008 November 2016 Elected 4 years
Ken Yeager District 4, President 2006 June 2014 Elected 4 years
Joe Simitian District 5 2012 November 2016 Elected 4 years
Meetings
Date: Tuesdays at 9:00 am (Every other Tuesday)
County of SantaClara Board of Supervisors’ Chambers at 70 West Hedding Street.,
Location:
San Jose
Agenda Distribution: Posted online and at the County Government Center
Minutes Distribution: Posted online and at the County Government Center
The Board of Supervisors meets every other Tuesday morning at the Board of
Supervisors’ chambers in the County Government Center located at 70 West Hedding Street
in San Jose. Each member of the Board of Supervisors receives $143,000 annually in salary.
Government Code §53235 requires that if a local government provides compensation or
reimbursement of expenses to its board members, that local government must establish a
written policy on reimbursements, and the board members must receive two hours of
training in ethics at least once every two years. The County has adopted policies related to
expense reimbursements, and the members of the Board of Supervisors have completed
biennial ethics training as required.
Agendas and minutes for the meetings are posted on the bulletin board at the County
Government Center, and are published online on the county website. The website also
contains video archives of previous Board of Supervisors’ meetings.
The county website has several pages dedicated to information regarding SCCLSA,
including “Frequently Asked Questions” and a form for reporting a streetlight problem.
The website does not include information regarding how to request installation of a
streetlight, assessment methodology regarding the different benefit zones, the rates for
SPECIAL DISTRICTS SERVICE REVIEW 61
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SANTA CLARA COUNTY LIGHTING SERVICE AREA
each zone, the location of each benefit zone on a map, the District’s budget, nor the
District’s assessment report for FY 13.
The Board of Supervisors has adopted a policy manual that articulates the ethical
standards and administrative policies for the Board. This policy manual was updated in
July 2012 and is published on the county website.
Government Code §87203 requires persons who hold office to disclose their
investments, their interests in real property and their incomes, and file these forms with
the Fair Political Practices Commission each year. All four of the current members of the
Board of Supervisors have filed the Form 700 Statement of Economic Interest forms in
2012.
MMAANNAAGGEEMMEENNTT AANNDD SSTTAAFFFFIINNGG
The County Roads and Airports Department administers SCCLSA and provides
necessary staffing for administering, maintaining, and servicing of County-owned
streetlights within the District’s bounds. Staff are allocated to the District on a part-time
basis, as workload requires. Department personnel are used for program management and
administration of the District and electrical maintenance of the streetlights. Given that the
Department provides similar services in other unincorporated areas and for the
Expressway System within incorporated areas, this specialized staffing is available to the
District as well. Figure 2-23 lists the authorized positions that the County Roads and
Airport Department has available to allocate to SCCLSA, when necessary. In FY 12, the
Department charged 365 hours to SCCLSA for work performed in the maintenance and
repair of streetlights and program management of the District.
Figure 2-23: Santa Clara County Roads and Airport Department Authorized Positions, FY 13
Division # of Positions
Program Management 3
Maintenance 11
Total 14
Source: Reported by the Santa Clara County Roads and Airport Department
As a dependent special district of the County, all administrative services are provided
by county departments, including legal counsel and compilation of financial transaction
reports for the State Controller’s Office required under Government Code Section §53891.
Also as a dependent district of the County, SCCLSA jointly receives accounting services
from the same certified public accountant with other county departments. The County’s
accountant conducts an annual audit of the District’s finances as part of the County’s audit.
The County Roads and Airports Department has adopted a mission statement as part of
the County’s annual budget. The Department has not adopted goals, objectives, and
performance measures specific to SCCLSA. However, the Department’s five-year plan and
budget for Road Fund funded street lights does make goals and statement of standards
regarding street lighting services in general. The 5-Year Plan includes the following goal
statement: “Maintain County street lights in optimum operating condition.” For the lights
SPECIAL DISTRICTS SERVICE REVIEW 62
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SANTA CLARA COUNTY LIGHTING SERVICE AREA
funded out of the Road Fund, the constrained budget service level is as follows: “Respond
to street-light outages and other problems on a complaint driven basis only. Install new
inductive fluorescent street lights on all signal poles only. Replace failed street lights with
IF fixtures.” The unconstrained budget service level is listed as: “Annually inspect, repair,
and replace all expressway maintained and operated street light with energy efficient
fixtures (inductive fluorescent).”
Other documents that the District uses to guide efforts and services include the
County’s annually adopted budget, as SCCLSA is included as part of the County’s compiled
budget. The County has adopted a budget for FY 12-13, which is available online.
Government Code §53901 states that within 60 days after the beginning of the fiscal
year each local agency must submit its budget to the county auditor. These budgets are to
be filed and made available on request by the public at the county auditor’s office. While,
the County has reported that in recent years, it has not been the practice for special
districts to file their budgets with the County, SCCLSA’s budget is part of the County’s
budget and is readily available online.
Special districts must submit a report to the State Controller of all financial transactions
of the district during the preceding fiscal year within 90 days after the close of each fiscal
year, in the form required by the State Controller, pursuant to Government Code §53891. If
filed in electronic format, the report must be submitted within 110 days after the close of
the fiscal year. The District has complied with this requirement.
All special districts are required to submit annual audits to the County within 12
months of the completion of the fiscal year, unless the Board of Supervisors has approved a
biennial or five-year schedule.29 The District is not required to submit audits to the County,
as the District’s finances are included in the County’s Comprehensive Annual Financial
Reports (CAFR) which are audited annually. The District’s most recent audit was completed
for FY 12.
PPOOPPUULLAATTIIOONN AANNDD PPRROOJJEECCTTEEDD GGRROOWWTTHH
Land Uses
SCCLSA consists of multiple noncontiguous unincorporated areas that are scattered
throughout the County. The areas that receive services are developed with a range of urban
land uses, but primarily residential or commercial uses, that require (or desire) lighting
services.
29 Government Code §26909.
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Current Population
As of 2010, there were approximately 26,528 residents in SCCLSA, based on GIS
analysis of 2010 Census data.
Disadvantaged Unincorporated Communities
LAFCO is required to evaluate disadvantaged unincorporated communities as part of
this service review, including the location and characteristics of any such communities. A
disadvantaged unincorporated community is defined as any area with 12 or more
registered voters, or as determined by commission policy, where the median household
income is less than 80 percent of the statewide annual median.30
The California Department of Water Resources (DWR) has developed a mapping tool to
assist in determining which communities meet the disadvantaged communities median
household income definition. DWR is not bound by the same law as LAFCO to define
communities with a minimum threshold of 12 or more registered voters. However, the
DWR data can be used for the purposes of this report as an indicator of any larger
communities that may meet the income definition of disadvantaged. Based on mapping
information from DWR, there are no disadvantaged unincorporated communities within or
adjacent to SCCLSA.31
Projected Growth
While population projections specific to the District are not available, future population
may be imputed from the Association of Bay Area Government’s (ABAG) projections for the
unincorporated areas of the County. ABAG projects that unincorporated areas will grow by
19 percent over the period from 2010 to 2035.32 Should the area within SCCLSA experience
growth as projected by ABAG, then the District is anticipated to have the same overall
growth of 19 percent over the 25-year period with a population of 31,568 in 2035.
FFIINNAANNCCIINNGG
Financial Adequacy
The Roads and Airports Department reported that the current level of financing for
SCCLSA is adequate to provide services. Revenues exceeded expenditures for each of the
30 Government Code §56033.5.
31 DWR maps and GIS files are derived from the US Census Bureau's American Community Survey (ACS) and are compiled
for the five-year period 2006-2010.
32 ABAG, Projections 2009, 2009.
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SANTA CLARA COUNTY LIGHTING SERVICE AREA
past five fiscal years (FYs 08-12). In FY 09, revenues were higher than other years, due to a
one-time return from the County’s Road Fund to SCCLSA for a historical street lighting
program. In that same year, expenditures were reduced by $75,293 to correct for
overcharges by the County Roads and Airports Department from FY 2004 to FY 2008.
Figure 2-24 represents the revenues and expenditures for SCCLSA over the past five fiscal
years.
Figure 2-24: SCCLSA Revenues and Expenditures, FYs 08–12
$450,000
$400,000
$350,000
$300,000
$250,000
$200,000
$150,000
$100,000
$50,000
$-
FY 2008 FY 2009 FY 2010 FY 2011 FY 2012
Revenues Expenditures
Source: Roads and Airports Department
Revenue Sources
The District’s primary income source is benefit assessment revenue. The District also
receives minimal income from interest on savings. In FY 13, the District budgeted for
$263,097 in revenue from the benefit assessment, which was the estimated revenue from
the assessment in FY 12. The District also anticipates approximately $5,000 in additional
revenue from interest income in that year. The District’s FY 13 budgeted revenue sources
are shown in Figure 2-25.
Figure 2-25: SCCLSA Revenue Sources, FY 13
Revenue Category Revenue % of Total Revenue
Estimated FY 12 Assessments $263,097 98%
Estimated Interest Earnings $5,000 2%
Total $268,097 100%
Source: FY 2013 County Lighting Service Area Assessment Report
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Revenues and expenditures for the District are anticipated to decline in future years as
areas are annexed into cities and the areas are detached from SCCLSA. Over the last year
(2012), over 300 streetlights have been removed from the SCCLSA billings, due to
annexations and over $61,000 in PG&E billings have been credited back to the District.
Rates
District property owners passed a benefit assessment in 11 of the 12 zones in 2000.
These assessments are based upon a formula established by County ordinance defining the
benefit to each zone depending on the ownership of the streetlights, the type of land use,
and the placement of the streetlights (i.e., corner, mid-block) in the zone. The assessment
may be inflated annually according to the Consumer Price Index up to three percent. There
is no sunset for the assessment. Figure 2-26 shows the assessment rate for each benefit
zone.
Figure 2-26: SCCLSA Benefit Assessment per Benefit Unit by Benefit Zone, FY 13
Level #1 Assessment Level #2 Assessment Level #3 Assessment
Benefit Zone Rate per BU Rate Per BU Rate per BU
Benefit Zone No. 1 $12.00 $36.85 N / A
Benefit Zone No. 2 No assessment approved in 2000.
Benefit Zone No. 3 $28.00 $68.12 N / A
Benefit Zone No. 4 $10.35 $32.67 N / A
Benefit Zone No. 5 $9.94 $30.89 N / A
Benefit Zone No. 6 $8.46 $27.71 N / A
Benefit Zone No. 7 $12.15 $60.48 N / A
Benefit Zone No. 8 $7.36 $26.42 N / A
Benefit Zone No. 9 $7.82 $23.85 N / A
Benefit Zone No. 10 $9.29 $28.86 N / A
Benefit Zone No. 11 $8.99 $20.38 $36.53
Benefit Zone No. 12 Area detached from the District.
Benefit Zone No. 13 $0.65 $2.58 $7.12
Source: FY 11-12 County Lighting Service Area Assessment Report
Expenditures
The District’s primary expenditure is payment to PG&E for electricity for all lights and
maintenance for all PG&E-owned lights. In FY 13, the District budgeted for $260,000 in payments
to PG&E of a total budget of $365,000. Reimbursements to the Roads and Airports Department
for maintenance of county-owned lights was budgeted to be about $40,000 or
approximately 11 percent of expenditures for the year. Figure 2-27 presents the District
budget for FY 13.
SPECIAL DISTRICTS SERVICE REVIEW 66
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Figure 2-27: SCCLSA Expenditures, FY 13
Expenditure Category Expenditures % of Total Expenditures
Pacific Gas and Electric
charges (Electricity for all
$260,000 71%
lights and maintenance for all
PG&E-owned lights)
Maintenance of county-owned
$40,000 11%
streetlights
Land development services $20,000 5%
Professional consulting
$35,000 10%
services
Intra-county professional
$10,000 3%
services
Total $365,000 100%
Source: FY 2013 County Lighting Service Area Assessment Report
Capital Outlays
There is no schedule or cycle for replacing the District’s street lights and/or parts. A
majority of the infrastructure (e.g., poles, wiring) have a long life span and tend to need
replacement, due to damage rather than wearing out. Therefore, the light fixtures are
replaced only when badly damaged and the poles are replaced when knocked down. To
ensure there are adequate resources to keep the fixtures, poles, and wiring in good repair,
the District maintains a healthy reserve in its account.
Reserves
SCCLSA has adopted a policy that the equivalent of 50 percent of operating
expenditures shall be kept as operating reserves for contingency purposes, given that
revenues are received every six months. In FY 14, the District plans to add to the budget
that in addition to the contingency reserves, 50 percent of the capital replacement costs of
the lights maintained by the County should be maintained as a capital reserve.
The District’s fund balance as of June 30, 2012 amounted to $481,765, or 132 percent of
operating expenditures in that year. While the reserve greatly exceeded the District’s
adopted contingency reserve policy, the excess is considered its capital reserve.
Debt
SCCLSA does not have any long-term debt.
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IINNFFRRAASSTTRRUUCCTTUURREE AANNDD FFAACCIILLIITTIIEESS
SCCLSA is responsible for a total of 1,429 streetlights within its bounds. Of these lights,
1,313 are in residential areas and 116 are in commercial areas. PG&E owns 1,133 or 79
percent of the streetlights, while the County owns the others.
As Figure 2-28 indicates, there are different levels of lighting within each benefit zone.
The different levels of lighting are presented below.
Level 1 includes parcels that receive only a special benefit from intersection and cul-
de-sac streetlights.
Level 2 includes parcels that receive special benefits from intersection, cul-de-sac
and mid-block streetlights. Mid-block streetlights are spaced approximately 300 to
500 feet apart along a street.
Level 3 includes all parcels that receive special benefit from intersection, cul-de-sac,
mid-block, and mid-mid block streetlights. Mid-mid block streetlights are spaced
less than 300 feet apart along a street.
Figure 2-28: Number of Streetlights per Benefit Zone, FY 11-12
# of Level 1 Lights # of Level 3 Lights
(Inter & Cul-de-sac # of Level 2 Lights (Mid-Mid Block Total #
Benefit Zone Only) (Mid Block Only) Only) of
Res.* Comm. Res. Comm. Res. Comm. Lights
Benefit Zone No. 1 20 1 14 1 0 0 36
Benefit Zone No. 2 No assessment approved in 2000.
Benefit Zone No. 3 27 2 22 2 0 0 53
Benefit Zone No. 4 44 2 87 2 0 0 135
Benefit Zone No. 5 23 5 50 9 0 0 87
Benefit Zone No. 6 12 3 29 7 0 0 51
Benefit Zone No. 7 12 1 43 3 0 0 59
Benefit Zone No. 8 120 4 310 10 0 0 444
Benefit Zone No. 9 77 0 158 0 0 0 235
Benefit Zone No. 10 16 0 48 0 0 0 64
Benefit Zone No. 11 48 18 57 20 74 26 243
Benefit Zone No. 12 Area annexed into San Jose and detached from the District.
Benefit Zone No. 13 2 0 6 0 14 0 22
Total 401 36 824 54 88 26 1,429
*Res. = Residential, Comm. = Commercial
Source: FY 11-12 County Lighting Service Area Assessment Report
The County Roads and Airport Department makes use of county facilities to provide
services on behalf of SCCLSA. The County Roads and Airport Department administration
building is located at 101 Skyport Drive in San Jose and houses administrative staff of
SCCLSA.
SPECIAL DISTRICTS SERVICE REVIEW 68
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The Roads and Airports Department staff that perform the maintenance of the
streetlights for the District are based at the East Yard located at 1505 Schallenberger Road
in San Jose. The entire yard is 11.3 acres with buildings comprising 93,888 square feet.
Staff that perform streetlight maintenance occupy approximately 21,416 square feet or 23
percent of the facility.
Infrastructure Needs
For FY 13, SCCLSA has set aside $214,976 for capital replacement of streetlights
infrastructure. SCCLSA does not replace street light fixtures unless badly damaged. There is
no schedule or cycle for replacing the fixtures, wire, or poles. The last time streetlight
fixtures were systematically replaced was to complete the conversion from Mercury Vapor
to High Pressure Sodium type fixtures, which occurred about 20 years ago.
Additionally, the District will be investing in a Street Light Pilot Project to retrofit the
street lights with more energy efficient fixtures. The types of fixtures to be studied are
inductive fluorescent (IF) or light emitting diode (LED). The costs of the pilot project
includes purchasing the IF or LED fixtures and labor to install the fixtures. SCCLSA is in the
process of identifying a pilot location to install some different types of bulbs and have local
residents evaluate the options and perceived quality, brightness, and color of the lights on
their streets. It is anticipated that there will be electrical savings by transitioning to IF or
LED; however, the level of savings cannot be estimated until the type of bulb is chosen.
Factors that will determine the return on investment include the purchase and installation
costs of the new bulbs, savings in PG&E monthly charges, and for County-maintained street
lights, the reliability and life-span of the new bulbs compared to the current bulbs. The
pilot project is expected to help answer these questions.
Shared Facilities
SCLSA shares facilities with the County Roads and Airports Department, including the
County Roads and Airport Department administration building and the County’s East Yard.
DDEEMMAANNDD FFOORR SSEERRVVIICCEESS
Overall, the District submits approximately 60 service requests for the PG&E-
maintained streetlights each year. For the County-maintained lights, the Roads and
Airports Department staff perform approximately 20 streetlight repairs per year.
GGOOVVEERRNNAANNCCEE SSTTRRUUCCTTUURREE OOPPTTIIOONNSS
No governance options were identified with regard to SCCLSA.
SPECIAL DISTRICTS SERVICE REVIEW 69
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SANTA CLARA COUNTY LIGHTING SERVICE AREA
SSAANNTTAA CCLLAARRAA CCOOUUNNTTYY LLIIGGHHTTIINNGG SSEERRVVIICCEE AARREEAA
SSEERRVVIICCEE RREEVVIIEEWW DDEETTEERRMMIINNAATTIIOONNSS
Growth and Population Projections
Based on a GIS analysis of 2010 Census data, the Santa Clara County Lighting Service
Area (SCCLSA) provides service to a population of approximately 26,528.
Based on ABAG population projections, the District is anticipated to have a
population of 31,568 in 2035.
Location and Characteristics of any Disadvantaged
Unincorporated Communities Within or Contiguous to the
Sphere of Influence
There are no disadvantaged unincorporated communities within or adjacent to
SCCLSA.
Present and Planned Capacity of Public Facilities and
Adequacy of Public Services, Including Infrastructure Needs
and Deficiencies
SCCLSA appears to be a well-run professional agency. No significant accountability,
administrative, operational, financial, or infrastructure deficiencies were identified.
Overall, the District submits approximately 60 service requests for PG&E-
maintained streetlights each year. For County-maintained lights, the Roads and
Airports Department staff perform approximately 20 streetlight repairs per year.
County staff appears to have sufficient capacity to address this minimal level of
demand.
SCLSA does not replace street light fixtures, unless badly damaged. There is no
schedule or cycle for replacing the fixtures, wire, or poles. It is recommended that
the District establish a preventive maintenance program for its streetlights. This
program should include the periodic inspection of streetlights at night for lamp
failures and other defects, and a periodic preventive maintenance inspection of
streetlights and their associated fixtures.
The District plans to invest in a street light pilot project to retrofit the street lights
with more energy efficient fixtures. SCCLSA is in the process of identifying a pilot
location to install some different types of bulbs and have local residents evaluate the
options and perceived quality, brightness, and color of the lights on their streets. It
SPECIAL DISTRICTS SERVICE REVIEW 70
LAFCO OF SANTA CLARA COUNTY
SANTA CLARA COUNTY LIGHTING SERVICE AREA
is anticipated that there will be electrical savings by transitioning to these bulbs;
however, the level of savings cannot be estimated until the type of bulb is chosen.
Financial Ability of Agency to Provide Services
SCCLSA appears to have sufficient financial resources to provide an adequate level
of service. Income levels have been adequate to generate sufficient revenues to
cover operating and capital expenditures in each of the last five fiscal years and
meet the District’s policy for reserves.
Opportunities for enhanced revenue are constrained by the District’s ability to
increase annual assessments. These assessments may be increased based on the
prior year’s change in the Consumer Price Index, not to exceed three percent. Any
increase beyond this adjustment would require approval of the property owners in
the District’s benefit zones, as required by Proposition 218.
SCCLSA has adopted a policy that the equivalent of 50 percent of operating
expenditures shall be kept as operating reserves for contingency purposes. In FY
14, the District plans to add that an additional 50 percent of the capital replacement
costs of the lights maintained by the County should be maintained as a capital
reserve. The District’s reserve level at the end of FY 12 appears appropriate to these
reserve policies.
Status and Opportunities for Shared Facilities
SCCLSA shares facilities with the County Roads and Airports Department, including
the County Roads and Airport Department administration building and the County’s
East Yard.
Accountability for Community Services, Including
Governmental Structure and Operational Efficiencies
SCCLSA demonstrated accountability and transparency in its various aspects of
operations. The governing body updates constituents, broadcasts its meetings,
solicits constituent input, discloses its finances, and posts some public documents
and information on its website. SCCLSA keeps its financial reporting and budgets
up-to-date and readily available to the public. The District fully cooperated with
LAFCO requests for information.
While the District maintains a website where some information is made available to
the public, it is recommended that the website be enhanced to include additional
information, such as how to request installation of a streetlight, assessment
methodology information regarding the different benefit zones, the rates for each
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zone, the location of each benefit zone on a map, the budget for the District, and the
most recent assessment report.
The Board of Supervisors has adopted a policy manual that articulates the ethical
standards and administrative policies for the Board. All current members of the
Board of Supervisors have filed the Statement of Economic Interest forms in 2012
and completed biennial ethics training. The County has adopted an ordinance on
expense reimbursements for the Board of Supervisors.
No government structure options were identified for the SCCLSA.
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SSAANNTTAA CCLLAARRAA CCOOUUNNTTYY LLIIGGHHTTIINNGG SSEERRVVIICCEE AARREEAA
SSPPHHEERREE OOFF IINNFFLLUUEENNCCEE UUPPDDAATTEE
Existing Sphere of Influence Boundary
Santa Clara County Lighting Service Area’s existing SOI is coterminous with its
boundaries.
Recommended Sphere of Influence Boundary
It is recommended that LAFCO reaffirm the District’s coterminous SOI.
Proposed Sphere of Influence Determinations
The nature, location, extent, functions, and classes of services provided
SCCLSA operates, maintains, and services the County-owned streetlights located in
areas of public right-of-way in a number of different unincorporated communities of
the County. Maintenance of the streetlights includes repair, removal or replacement
of all, or part of, any streetlight. SCCLSA reimburses PG&E for services rendered to
PG&E-owned streetlights, including the cost of electricity for all lights within the
District.
The County Roads and Airports Department provides the maintenance, repair, and
program management services on behalf of the District. The District acts as a
financing mechanism to reimburse the County and PG&E for these services, and
does not maintain its own dedicated staff.
Present and planned land uses in the area, including agricultural and open-space lands
SCCLSA consists of multiple noncontiguous unincorporated areas that are scattered
throughout the County. The areas that receive services are developed with a range
of urban land uses, but primarily residential or commercial uses, that require (or
desire) lighting services.
Present and probable need for public facilities and services in the area
Unincorporated areas of the County are anticipated to experience 19 percent
growth over the period from 2010 to 2035. However, as areas are planned for
urban density levels the areas would generally be annexed into a city and removed
from the District. It is anticipated that as growth occurs, demand for street lighting
services provided by the District will decline.
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Present capacity of public facilities and adequacy of public services that the agency
provides or is authorized to provide
SCCLSA appears to be a well-run professional agency. No significant accountability,
administrative, operational, financial, or infrastructure deficiencies were identified.
Overall, the District submits approximately 60 service requests for PG&E-
maintained streetlights each year. For County-maintained lights, the Roads and
Airports Department staff perform approximately 20 streetlight repairs per year.
County staff appears to have sufficient capacity to address this minimal level of
demand.
Existence of any social or economic communities of interest in the area if the Commission
determines that they are relevant to the agency
The residents within each zone of the SCCLSA are considered communities of
interest, given that they pay for the enhanced street lighting services and have an
economic interest in the operations of the District.
SPECIAL DISTRICTS SERVICE REVIEW 74
LAFCO OF SANTA CLARA COUNTY
SANTA CLARA COUNTY VECTOR CONTROL DISTRICT
3. SA NTA CLARA COUNTY VECTOR
CON TROL DI STR I CT
AAGGEENNCCYY OOVVEERRVVIIEEWW
Santa Clara County Vector Control District (SCCVCD) was formed in May 1988 as a
dependent special district of Santa Clara County. The District is a part of the County’s
Department of Environmental Health. The District provides mosquito, rat and other vector
and wildlife control services throughout Santa Clara County. A service review for the
District was last conducted in 2006.
The principal act that governs the District is the Mosquito Abatement and Vector
Control District Law, originally called Mosquito Abatement Act of California of 1915, that
was revised in 2003 (SB 1588).33 The principal act empowers such districts to conduct
surveillance programs and other studies of vectors and vector-borne diseases, take
appropriate actions to prevent the occurrence of vectors and vector-borne diseases, and
take necessary actions to abate or control vectors and vector-borne diseases. 34 Districts
must apply and obtain LAFCO approval to exercise latent powers, that is, those services
authorized by the principal act but not provided by the district by the end of 2000.35
Boundaries
The boundary of SCCVCD is countywide and includes 1,304 square miles.
Sphere of Influence
During the most recent SOI update in 2006, LAFCO reaffirmed the District’s existing
coterminous SOI.
33 California Health and Safety Code § 2000-2093
34 California Health and Safety Code §2000-2093.
35 California Government Code §56824.10.
SPECIAL DISTRICTS SERVICE REVIEW 75
LAFCO OF SANTA CLARA COUNTY
SANTA CLARA COUNTY VECTOR CONTROL DISTRICT
Type and Extent of Services
Services Provided
The services provided by the District include 1) detection of the presence and
prevalence of vector-borne diseases such as plague, West Nile Virus, rabies and Lyme
Disease through ongoing and comprehensive vector surveillance and testing, 2) reducing
vectors or exposure to vectors that transmit diseases, 3) conducting routine inspections
and treatment as necessary of known mosquito and rodent sources, 4) responding to
public service requests for identification, advice and/or initiation of control measures for
mosquitoes, rodents, wildlife, and miscellaneous invertebrates (e.g., ticks, yellow jackets,
cockroaches, bees, fleas, flies, etc.), 5) providing public information through a variety of
channels, including a website, social media and educational presentations for schools,
homeowners associations, private businesses, civic groups and other interested groups
regarding vectors and vector-borne diseases, and 6) preventing disease and illness by
identifying, inventorying, inspecting, and treating sources of vector development.
Service Area
Vector control services are provided by SCCVCD throughout Santa Clara County, which
includes 300 miles of streams, 5,000 acres of marshlands and 27,000 storm drain catch
basins.
Service to Other Agencies
SCCVCD provides mosquito control services to the San Jose/Santa Clara Water Pollution
Control Plant under contract.
Contracts for Services
The District does not receive any contract services from other public agencies. The
District does make use of the State Department of Public Health laboratory, if for some
reason the District’s own lab is unable to process certain specimens. Although there is not
contract for the lab, services are billed and performed under a broader statewide disease
surveillance system.
Collaboration
SCCVCD is a division of the Santa Clara County Environmental Health Department.
SCCVCD receives support services from the County, such as maintenance of the District’s
vehicles, financial management, and purchasing, which provides cost savings for the
District. The District reimburses the County for services rendered with district funds. The
District also participates in joint financing and purchasing efforts to minimize costs.
SCCVCD’s service yard was partially financed by the County, as it is shared with the
Environmental Health Department.
SPECIAL DISTRICTS SERVICE REVIEW 76
LAFCO OF SANTA CLARA COUNTY
SANTA CLARA COUNTY VECTOR CONTROL DISTRICT
In addition, the District has unwritten mutual aid agreements with respect to materials
and supplies with other mosquito and vector control districts within the region. The
District has joined a statewide coalition of abatement districts to share the cost of
expensive chemical analysis for regulatory compliance, and collaborated with other Bay
Area agencies to produce a Program Environmental Impact Report under the California
Environmental Quality Act.
The District also interacts professionally at many levels. The Vector Biology Discussion
Group meets monthly to discuss biological issues with eight other vector control districts in
the Bay Area. District personnel attend meetings of the Mosquito and Vector Control
Association of California, the American Mosquito Control Association, The Society for
Vector Ecologists, and the Entomological Society of America.
The District uses data on threat assessment shared by Santa Clara County Department
of Public Health.
SCCVDC maintains cooperative exchanges with the City of Palo Alto, City of Sunnyvale,
and U.S. Fish and Wildlife Service in regards to salt marsh treatment, and with the City of
Palo Alto for provision of storm drain treatment.
Overlapping and Neighboring Service Providers
There is no overlap in services provided by SCCVCD. There are, however, public
agencies that provide services complimentary to the ones delivered by the District in Santa
Clara County. Santa Clara County Division of Agriculture performs insect and non-medical
pest identification. Individual cities in the County enforce sanitation laws which prevent
vector spread. The County Department of Environmental Health addresses waste tire
disposal, which is a significant mosquito breeding source. Santa Clara Valley Water District
is in charge of access to and maintenance of natural streams within its jurisdiction, and
design of wetlands and other structures. California Department of Fish and Game deals
with wildlife problems and endangered species issues. California Department of Public
Health provides laboratory support, collation of data, licensing of technicians, and West
Nile Virus predictive risk analyses. The U.S. Army Corps of Engineers oversees project
development related to waterways.
SPECIAL DISTRICTS SERVICE REVIEW 77
LAFCO OF SANTA CLARA COUNTY
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February 2013
SANTA CLARA COUNTY VECTOR CONTROL DISTRICT
AACCCCOOUUNNTTAABBIILLIITTYY AANNDD GGOOVVEERRNNAANNCCEE
The District was formed as a dependent special district with the Santa Clara County
Board of Supervisors as its governing body. The five county supervisors are elected to four-
year terms of office with a three-term limit. Current board member names, positions, and
term expiration dates are shown in Figure 3-2.
Figure 3-2: SCCVCD Governing Body
Santa Clara County Vector Control District
District Contact Information
Contact: Russell Parman, Acting Vector Control Program Manager
Address: 1580 Berger Drive, San Jose, CA 95131
Telephone: 408-918-3497
Email: russell.parman@deh.sccgov.org
http://www.sccgov.org/sites/vector/Pages/Vector-Control-District-Site-
Website: Home-Page.aspx or www.sccvector.org
Board of Supervisors
Began Term Manner of Length of
Member Name Position
Serving Expires Selection Term
Mike Wasserman District 1 2010 2014 Elected 4 years
Vacancy District 2 N/A N/A N/A N/A
Dave Cortese District 3 2008 2016 Elected 4 years
Ken Yeager District 4, 2014 Elected 4 years
2006
President
Joe Simitian District 5 2012 2016 Elected 4 years
Meetings
Date: Every other Tuesday at 9am.
Location: Santa Clara Board of Supervisors’ Chambers, 70 West Hedding St. San Jose.
Agenda Posted online and at the County Government Center.
Distribution:
Minutes Posted online and at the County Government Center.
Distribution:
The Board of Supervisors meets every other Tuesday morning at the Board of
Supervisors’ chambers in the County Government Center located at 70 West Hedding Street
in San Jose. Each member of the Board of Supervisors receives $143,000 annually in salary.
Government Code §53235 requires that if a local government provides compensation or
reimbursement of expenses to its board members, that local government must establish a
written policy on reimbursements, and the board members must receive two hours of
training in ethics at least once every two years. The County has adopted policies related to
expense reimbursements, and the members of the Board of Supervisors have completed
biennial ethics training as required.
Agendas and minutes for the meetings are posted on the bulletin board at the County
Government Center, and are published online on the county website. The website also
contains video archives of previous Board of Supervisors’ meetings.
SPECIAL DISTRICTS SERVICE REVIEW 79
LAFCO OF SANTA CLARA COUNTY
SANTA CLARA COUNTY VECTOR CONTROL DISTRICT
The District conducts constituent outreach through various methods. The county
website has several pages dedicated to information regarding SCCVCD, including its
mission, services provided, background information, online service requests, office
location, media releases, and description of vectors, vector borne diseases and disease
surveillance programs. Additionally, the District maintains two full-time positions for
public relations, outreach and education. The Community Resources Specialist and Health
Education Associate develop and deliver press releases, public brochures, respond to
requests for interviews from all media, inform other government agencies, and give
presentations.
The Board of Supervisors has adopted a policy manual that articulates the ethical
standards and administrative policies for the Board. This policy manual was updated in
July 2012 and is published on the county website.
Government Code §87203 requires persons who hold office to disclose their
investments, their interests in real property and their incomes, and file these forms with
the Fair Political Practices Commission each year. All of the current members of the Board
of Supervisors have filed the Form 700 Statement of Economic Interest forms in 2012.
MMAANNAAGGEEMMEENNTT AANNDD SSTTAAFFFFIINNGG
As shown in Figure 3-3, SCCVCD has a total of 32 full-time staff and seven part-year
seasonal staff (3.5 FTEs). These staff are dedicated solely to the District’s activities. If
SCCVCD personnel contributes to County functions, then the District is reimbursed for this
support. The District’s general manager is responsible for the day-to-day operations of the
District. The general manager of the District is accountable to the Director of Agriculture
and Environmental Management who is accountable to the County Board of Supervisors.
Many SCCVCD’s personnel are certified by the State of California as Certified Technicians
pursuant to the provisions of the California State Health and Safety Code.
Figure 3-3: Staffing Level by Division, FY 12-13
Division FTE
Vector Control Program Manager 1
Vector Control Assistant Manager 1
Field Operations Supervisors 2
Field Operations Support Specialist 1
Account Clerk 1
Information Services Analyst 1
Disease Assessment & Lab Services 7
Public Outreach & Education 2
North County Operations Technicians 8
South County Operations Technicians 8
Seasonal Staff (seven total) 3.5
TOTAL 35.5
Source: Acting Vector Control District Manager
SPECIAL DISTRICTS SERVICE REVIEW 80
LAFCO OF SANTA CLARA COUNTY
SANTA CLARA COUNTY VECTOR CONTROL DISTRICT
As a dependent special district of the County, some administrative services are
provided by county departments, including information systems, legislative files for board
motions, legal counsel, and accounting. The County is reimbursed based on a generalized
rate for overhead services (i.e., clerk time) that are financed through the County’s general
fund. For services such as legal counsel, the District is billed an hourly rate by County
Counsel. A certified public accountant firm and private engineering firm are contracted
with directly by the District, when necessary.
SCCVCD has adopted a mission statement and goals. The District’s mission statement is
to detect and minimize vector-borne diseases, to abate mosquitoes, and to assist the public
in resolving problems with rodents, wildlife, and insects of medical significance. The
District uses numerical objectives and performance measures to assess its operations.
SCCVCD has recently developed a strategic plan for 2013-2015 and a Mosquito-borne Virus
Response and Operations Plan which provides procedures and strategies for surveillance
and operational response to mosquito-borne viruses, such as West Nile virus, St. Louis
encephalitis and western equine encephalomyelitis. SCCVCD submits reports to the County
Agricultural Commissioner, County Department of Environmental Health and the County
Board of Supervisors.
Other documents that the District uses to guide efforts and services include the
County’s annually adopted budget, as SCCVCD is included as part of the County’s compiled
budget. The County has adopted a budget for FY 12-13, which is available online.
Government Code §53901 states that within 60 days after the beginning of the fiscal
year each local agency must submit its budget to the county auditor. These budgets are to
be filed and made available on request by the public at the county auditor’s office. While,
the County has reported that in recent years, it has not been the practice for special
districts to file their budgets with the County, SCCVCD’s budget is part of the County’s
budget and is readily available online.
Special districts must submit a report to the State Controller of all financial transactions
of the district during the preceding fiscal year within 90 days after the close of each fiscal
year, in the form required by the State Controller, pursuant to Government Code §53891. If
filed in electronic format, the report must be submitted within 110 days after the close of
the fiscal year. The District has complied with this requirement.
All special districts are required to submit annual audits to the County within 12
months of the completion of the fiscal year, unless the Board of Supervisors has approved a
biennial or five-year schedule.36 Although SCCVCD conducts its own annual audits of its
financial statements, the District does not have to submit them to the County; the District’s
finances are also included in the County’s Comprehensive Annual Financial Reports (CAFR)
which are audited annually. The District’s most recent audit was completed for FY 12.
36 Government Code §26909.
SPECIAL DISTRICTS SERVICE REVIEW 81
LAFCO OF SANTA CLARA COUNTY
SANTA CLARA COUNTY VECTOR CONTROL DISTRICT
PPOOPPUULLAATTIIOONN AANNDD PPRROOJJEECCTTEEDD GGRROOWWTTHH
Land Uses
The District encompasses the entire County. The County of Santa Clara contains a wide
range of land uses, from all types of urban uses to large areas of hillside, open space, and
agricultural uses. Numerous unincorporated pocket areas exist that are developed with
urban uses. Development within the cities ranges from fully developed urban areas to
expansive hillside, open space, and agricultural lands.
Current Population
As of 2010, the District had approximately 1,781,642 residents, based on 2010 Census
data.
Disadvantaged Unincorporated Communities
LAFCO is required to evaluate disadvantaged unincorporated communities as part of
this service review, including the location and characteristics of any such communities. A
disadvantaged unincorporated community is defined as any area with 12 or more
registered voters, or as determined by commission policy, where the median household
income is less than 80 percent of the statewide annual median.37
The California Department of Water Resources (DWR) has developed a mapping tool to
assist in determining which communities meet the disadvantaged communities median
household income definition. DWR is not bound by the same law as LAFCO to define
communities with a minimum threshold of 12 or more registered voters. However, the
DWR data can be used for the purposes of this report as an indicator of any larger
communities that may meet the income definition of disadvantaged. Based on mapping
information from DWR, there are no disadvantaged unincorporated communities within or
adjacent to SCCVCD.38
Projected Growth
Moderate population growth is anticipated within the District’s bounds based on the
Association of Bay Area Government’s (ABAG) projections for Santa Clara County. ABAG
projects that the County will experience 36 percent growth over the 25-year period from
37 Government Code §56033.5.
38 DWR maps and GIS files are derived from the US Census Bureau's American Community Survey (ACS) and are compiled
for the five-year period 2006-2010.
SPECIAL DISTRICTS SERVICE REVIEW 82
LAFCO OF SANTA CLARA COUNTY
SANTA CLARA COUNTY VECTOR CONTROL DISTRICT
2010 to 2035, which is equivalent to 1.5 percent average annual growth.39 By 2035, the
population of SCCVCD is expected to reach 2,431,400.
FFIINNAANNCCIINNGG
Financial Adequacy
The District reported that the current level of financing was adequate to provide
services. District revenues have exceeded expenditures in FYs 08, 09, 11, and 12, as shown
in Figure 3-4. In FY 10, expenditures were higher than revenues by $889,045, due to capital
improvements in the amount of $2.7 million performed by SCCVCD. The funds were spent
on alterations to the new vector control building.
Figure 3-4: SCCVCD Revenues and Expenditures, FYs 08–12
$9,000,000
$8,000,000
$7,000,000
$6,000,000
$5,000,000
$4,000,000
$3,000,000
$2,000,000
$1,000,000
$0
FY 07-08 FY 08-09 FY 09-10 FY 10-11 FY 11-12
Revenues Expenditures
Source: Annual Audited Statements for FYs 2008 through FY 2012
39 ABAG, Projections 2009, 2009.
SPECIAL DISTRICTS SERVICE REVIEW 83
LAFCO OF SANTA CLARA COUNTY
SANTA CLARA COUNTY VECTOR CONTROL DISTRICT
Revenue Sources
In FY 12, the District received $6,995,269 in revenue as depicted in Figure 3-5. The
primary source of revenue for the District was benefit assessment income (98 percent).
The a majority of the remaining revenue came from interest income and miscellaneous
revenue, which is received for providing mosquito control services at the San Jose/Santa
Clara Water Pollution Control Plant.
Figure 3-5: Revenue Sources, FY 12
Revenue Category Revenue % of Total Revenue
Benefit Assessment Income $6,889,156 98%
Interest Income $68,970 1.5%
Intergovernmental $1,509 0%
Miscellaneous $35,634 .5%
Total $6.995,269 100%
Source: Vector Control FY 2012 Audit Report
Rates
SCCVCD has levies two benefit assessments on properties within the District. The first
assessment began in 1996. The District annually collects approximately $2.6 million from
this particular assessment. The assessment is a flat rate dependent on land use, and is not
adjusted annually. There is no sunset date for the assessment. A single family residence is
considered one benefit unit and is levied $2.41 annually. Other land uses are considered
greater benefit units and are assessed at $2.41 per unit. The maximum assessment is
$14.45 for a regional shopping center.
In 2005, SCCVCD’s voters passed an assessment ballot proceeding establishing another
benefit assessment to fund the District’s cost of providing vector control services,
maintenance and capital improvement expenses. The assessment may be inflated up to
three percent annually depending on the Consumer Price Index. The assessment is to be
continued in perpetuity, so long as mosquitoes and vectors remains in existence in the
County and the District requires funding from the assessment for its services. In order to
continue the assessment, the Board must approve an annually updated engineer’s report, a
budget specific to the assessment revenues, and a list of services to be provided via the
assessment revenue, as well as conduct an public hearing regarding the assessment.
The assessment is based on benefit zones, which have been identified based on the
proportion of benefit to the real property from services offered by the District. Areas east
of the westernmost ridgeline of the Diablo Range are more remotely located and receive a
reduced level of services and corresponding benefits relative to other parcels in SCCVCD.40
These areas are referred to as Zone B. All other parcels within the County boundaries are
40 SCCVCD, Mosquito, Vector, and Disease Control Assessment Engineer’s Report, April 2009, p. 41.
SPECIAL DISTRICTS SERVICE REVIEW 84
LAFCO OF SANTA CLARA COUNTY
SANTA CLARA COUNTY VECTOR CONTROL DISTRICT
within Zone A. Using district estimates for the amount of services provided to parcels in
Zone B, it was found that parcels in Zone B receive approximately half of the average level
of services and benefits provided to Zone A. Therefore, residents in Zone B pay 50 percent
of the assessment rate per benefit unit. Figure 3-6 shows the allocation of assessments for
FY 13.
Figure 3-6: Benefit Assessment by Zone, FY 13
Zone of Benefit Total SFE* Units Assessment per SFE* Total Assessment
Zone A 498,926.27 $8.36 $4,171,024
Zone B 1,928.57 $4.18 $8,061
$12.54 $4,179,085
*SFE = Single Family Equivalent
Source: Vector Control District Engineer’s Report FY 2013
Expenditures
In FY 12, the District spent a total of $5.6 million as depicted in Figure 3-7. A majority of
expenditures are attributable to salaries and benefits (65 percent) and service and supplies
(31 percent).
Figure 3-7: SCCVCD Expenditures FY 2012
Expenditure Category Expenditures % of Total Expenditures
Salaries and Benefits $3,592,361 65%
Services and Supplies $1,744,504 31%
Capital Outlay $(105,663) -2%
Principal Debt Service $170,000 3%
Interest Debt Service $179,156 3%
Fees Debt Service $1,800 0%
Total $5,582,158 100%
Source: Vector Control FY 2012 Audit Report
Capital Outlays
In 2012, the County adopted an annual update of its five-year capital improvement plan
(CIP). It includes one capital project for SCCVCD—alterations to the new vector control
building—which has already been completed. The amount available for alterations was
$2,793,617. In FY 10, the District spent $2,680,454 on the project. After the project’s
completion, the amount remaining was $113.163.
Reserves
Although, the District has not adopted a formal written policy regarding financial
reserves, SCCVCD has a management practice to keep a reserve balance. The reserve, which
is reviewed annually during the budget process, is designed to cover operating fund,
retirement payoff, health insurance, PERS, building maintenance, legal liability, debt
service, and early loan payoff as needed. At the end of FY 12, the District had a significant
SPECIAL DISTRICTS SERVICE REVIEW 85
LAFCO OF SANTA CLARA COUNTY
SANTA CLARA COUNTY VECTOR CONTROL DISTRICT
financial reserve of $11,883,193, which was equivalent to 212 percent of the District’s FY
12 expenditures. Currently, a significant portion of reserves are being set aside annually for
early building loan payoff which will save the District a considerable amount of interest
costs over the long run.
Debt
As shown in Figure 3-8, the District’s long-term debt is represented by certificates of
participation for $4,495,000 issued by SCCVCD in November 2006 through the California
Special Districts Association (CSDA) Finance Corporation to finance the acquisition of an
office building. At the end of FY 12, the debt balance was $3.6 million. The debt matures in
2027.
Figure 3-8: SCCVCD Long-Term Debt
Debt Instrument Certificates of Participation, 2006 Series
Purpose: Finance the acquisition of an office building
Date of Issue November 15, 2006
Outstanding Amount FY 12 $3,630,000
How Financed Special Districts Association Finance Corporation
Maturity Date: June 1, 2027
IINNFFRRAASSTTRRUUCCTTUURREE AANNDD FFAACCIILLIITTIIEESS
The District owns and operates an office building and property purchased in 2006. The
property is located at 1580 Berger Drive in San Jose. SCCVCD occupied the building in 2010
after tenant improvements, which included addition of a laboratory, in the amount of $3.7
million were completed. The property containing the District’s office building is 1.81 acres
in size with approximately 20,000 square feet of office space. The District has not made any
capital improvements since 2010.
SCCVCD also occupies about 300 square feet of office space in the South County
Environmental Health Department facility situated on Highland Avenue in San Martin.
The Vector Control District also owns a service yard located at 1551 Berger Drive. The
property is 0.7 acres with 7,596 square feet of equipment storage.
The District’s vehicle fleet consists of 38 vehicles.
Infrastructure Needs
The District’s office building and the service yard appear to be well maintained. No
critical deferred maintenance issues were identified. Given that significant capital
improvements were made to the office building in 2010, the building appears to be in good
working condition. SCCVCD’s fleet has an effective replacement program and does not
exceed reasonable replacement guidelines.
SPECIAL DISTRICTS SERVICE REVIEW 86
LAFCO OF SANTA CLARA COUNTY
SANTA CLARA COUNTY VECTOR CONTROL DISTRICT
Shared Facilities
In addition to its own office building, SCCVCD recently began sharing office space with
other county agencies in the South County Environmental Health Department. In addition,
the District shares its warehouse space with the Environmental Health Department.
DDEEMMAANNDD FFOORR SSEERRVVIICCEESS
The District’s field workers target between 500 and 600 inventoried mosquito breeding
sources in the County. In addition, the District has inventoried over 4,000 neglected pools
since 2007, and routinely treats tens of thousands of catchbasins annually. Staff members
visit high-risk sources (those breeding West Nile virus vectors) once a week and other
sources once or twice a month.
Property owners and residents can electronically request or call the District for a free
home and yard consultation for rodent, wildlife and mosquito problems. Service
technicians usually respond within two to three business days of receiving a request for
service.
As shown in Figure 3-9, while the number of vector control requests received from the
public has decreased over the past five years, the number of mosquito source inspections
has increased. Over the course of the last few years, the number of mosquito source control
applications fluctuated peaking in FY 10.
Figure 3-9: SCCVCD Service Demand, FYs 07-12
Type of Workload FY 2007 FY 2008 FY 2009 FY 2010 FY 2011 FY 2012
Vector Control Services 7.290 5.722 4,710 4,498 4,984 4,585
(# of Requests)
Mosquito Source 5,889 5,271 3,868 6,400 7,069 8,054
Inspections
(# of Inspections)
Mosquito Source Control 1,608 1,321 1,984 2,157 1,714 1,677
(# of Applications)
Source: Santa Clara County CAFR FY 12
GGOOVVEERRNNAANNCCEE SSTTRRUUCCTTUURREE OOPPTTIIOONNSS
No government structure options were identified for Santa Clara County Vector Control
District.
SPECIAL DISTRICTS SERVICE REVIEW 87
LAFCO OF SANTA CLARA COUNTY
SANTA CLARA COUNTY VECTOR CONTROL DISTRICT
SSAANNTTAA CCLLAARRAA CCOOUUNNTTYY VVEECCTTOORR CCOONNTTRROOLL DDIISSTTRRIICCTT
SSEERRVVIICCEE RREEVVIIEEWW DDEETTEERRMMIINNAATTIIOONNSS
Growth and Population Projections
As of 2010, Santa Clara County Vector Control District (SCCVCD) had approximately
1,781,642 residents, based on 2010 Census data.
Association of Bay Area Governments (ABAG) projects that the area will experience
1.5 percent average annual growth through 2035. By 2035, the population of
SCCVCD is expected to reach 2,431,400.
Location and Characteristics of any Disadvantaged
Unincorporated Communities Within or Contiguous to the
Sphere of Influence
There are no disadvantaged unincorporated communities within or adjacent to the
SCCVCD’s service area, based on mapping information provided by the State of
California Department of Water Resources.
Present and Planned Capacity of Public Facilities and
Adequacy of Public Services, Including Infrastructure Needs
and Deficiencies
The District’s facilities have sufficient capacity, based on the absence of current
infrastructure needs, lack of deferred maintenance at its buildings and warehouse,
and SCCVCD’s fleet being within reasonable replacement guidelines.
SCCVCD plans for its capital improvements through the five-year Capital
Improvement Plan (CIP) adopted by the County. The current CIP included one
project for the District, in the form of enhancements to its new vector control
building, which has already been completed.
SCCVCD has established an adequate level of vector control services to limit the
nuisance effects of mosquitoes, yellow jackets, rodents, and ticks consistent with
constituent preferences and local, state and federal requirements. There are no
present or recent public health advisories concerning mosquito or vector-borne
illnesses in the areas served by SCCVCD.
The District reports that all environmental and safety standards, as required by
local, state, and federal programs, are strictly enforced, and there are no deficiencies
related to services provided.
SPECIAL DISTRICTS SERVICE REVIEW 88
LAFCO OF SANTA CLARA COUNTY
SANTA CLARA COUNTY VECTOR CONTROL DISTRICT
Based on the response time of typically within two to three business days that
SCCVCD is able to maintain, with an estimated average of 13 requests per day, it
appears that the District has sufficient capacity to continue to serve existing and
anticipated demand.
SCCVCD’s staff are appropriately certified by the State of California as Certified
Technicians pursuant to the provisions of the California State Health and Safety
Code.
Financial Ability of Agency to Provide Services
SCCVCD reported that its financing levels were adequate to deliver services. No
challenges to financing were identified.
District revenues have exceeded expenditures in FYs 08, 09, 11, and 12. In FY 10,
expenditures were higher than revenues, due to capital improvements performed
by SCCVCD.
Ninety eight percent of the District’s revenues are derived from two benefit
assessments.
SCCVCD has a management practice to maintain a reserve balance. At the end of FY
12, the District had a significant financial reserve of 212 percent of the District’s FY
12 expenditures. Currently, a significant portion of reserves are being set aside
annually for early building loan payoff.
The District’s long-term debt is represented by certificates of participation for
$4,495,000, which was used to purchase the new office building. The debt matures
in 2027.
Status and Opportunities for Shared Facilities
SCCVCD is a dependent district and a division of the County’s Environmental Health
Department.
The District receives support services from the County, such as maintenance of the
District’s vehicles, financial management, and purchasing.
SCCVCD shares office space in the County Environmental Health Department facility
with other county agencies.
The District participates in joint financing and purchasing efforts to minimize costs.
The District’s warehouse was partially financed by the County, as it is shared with
the Environmental Health Department
SPECIAL DISTRICTS SERVICE REVIEW 89
LAFCO OF SANTA CLARA COUNTY
SANTA CLARA COUNTY VECTOR CONTROL DISTRICT
SCCVCD has an unwritten mutual-aid agreement with respect to materials and
supplies with other mosquito and vector-control districts within the region.
The District has joined a statewide coalition of abatement districts to share the cost
of expensive chemical analysis for regulatory compliance, and collaborated with
other service providers to produce a Program Environmental Impact Report under
the California Environmental Quality Act.
District personnel attend meetings of the Vector Biology Discussion group, the
Mosquito and Vector Control Association of California, the American Mosquito
Control Association, and the Entomological Society of America.
The District uses data on threat assessment shared by Santa Clara County
Department of Public Health.
Accountability for Community Services, Including
Governmental Structure and Operational Efficiencies
SCCVCD demonstrated accountability and transparency in its various aspects of
operations. The governing body updates constituents, broadcasts its meetings,
solicits constituent input, discloses its finances, and posts public documents on its
website. The District’s website appropriately provides information on SCCVCD
services, District’s activity updates, vector-related facts, and contact information to
submit service requests. SCCVCD keeps its financial reporting and budgets up-to-
date and readily available to the public. The District fully cooperated with LAFCO
requests for information.
The Board of Supervisors has adopted a policy manual that articulates the ethical
standards and administrative policies for the Board. All four current members of the
Board of Supervisors have filed the Statement of Economic Interest forms in 2012
and completed biennial ethics training. The County has adopted an ordinance on
expense reimbursements for the Board of Supervisors.
No government structure options were identified for SCCVCD.
SPECIAL DISTRICTS SERVICE REVIEW 90
LAFCO OF SANTA CLARA COUNTY
SANTA CLARA COUNTY VECTOR CONTROL DISTRICT
SSAANNTTAA CCLLAARRAA CCOOUUNNTTYY VVEECCTTOORR CCOONNTTRROOLL DDIISSTTRRIICCTT
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Existing Sphere of Influence Boundary
The District’s current SOI is countywide and coterminous with SCCVCD’s boundaries.
Recommended Sphere of Influence Boundary
As the existing SOI for the District is coterminous with the County’s boundaries, no
further outward expansion is possible. Reduction in the sphere of influence is also not
recommended, as the District is the primary provider for vector abatement services
throughout the County. Services provided by SCCVCD are not duplicated; other public
agencies provide services complimentary to the ones delivered by the District. As there are
no areas within the District’s boundaries and SOI where the District’s services are not
provided, it is recommended for the Commission to retain the SCCVCD’s coterminous SOI.
Proposed Sphere of Influence Determinations
The nature, location, extent, functions, and classes of services provided
The services provided by the District throughout Santa Clara County include 1)
detection of the presence and prevalence of vector-borne diseases through surveillance
and testing, 2) reduction of vectors or exposure to vectors that transmit diseases, 3)
conducting routine inspections and treatment of known mosquito and rodent sources,
4) responding to public service requests, 5) providing educational information on
vectors and vector-borne diseases, and 6) preventing disease and illness by identifying,
inventorying, inspecting, and treating sources of vector development.
Present and planned land uses in the area, including agricultural and open-space lands
The countywide District contains a wide range of land uses, including all types of urban
uses to large areas of hillside, open space, and agricultural uses. While the
unincorporated areas are generally not developed, there are numerous unincorporated
pocket areas are developed with urban uses. Development within the cities ranges from
fully developed urban areas to expansive hillside, open space, and agricultural lands.
While there are agricultural and open-space lands within SCCVCD, no impacts on
agricultural resources, open space or Williamson Act contracts will occur as no service
changes are proposed.
SPECIAL DISTRICTS SERVICE REVIEW 91
LAFCO OF SANTA CLARA COUNTY
SANTA CLARA COUNTY VECTOR CONTROL DISTRICT
Present and probable need for public facilities and services in the area
Given that in FY 12, SCCVCD frequently visited mosquito sources, responded to about
4,585 service requests, performed 8,054 mosquito source inspections, and completed
1,677 mosquito source control applications, there is a present need for the District’s
services.
The County is expected to experience a moderate growth rate of 1.5 percent annually
through 2035. As demand for vector control services is driven by growth of both human
and vector populations, as well as the creation of water and vegetative conditions that
are conducive to vector breeding, the need for vector-control services may grow in the
future.
Present capacity of public facilities and adequacy of public services that the agency
provides or is authorized to provide
Based on the service request response time of typically within two to three business
days that SCCVCD is able to maintain with an estimated average of 13 requests per day,
it appears that the District has sufficient capacity to continue to serve existing and
anticipated demand.
There are no present or recent public health advisories concerning mosquito or vector-
borne illnesses in the areas served by SCCVCD. The District has been successful in
reducing the outbreak of illnesses, including plague and encephalitis.
The District’s facilities have sufficient capacity, based on the absence of current
infrastructure needs, lack of deferred maintenance at its buildings and service yard, and
SCCVCD’s fleet being within reasonable replacement guidelines.
Existence of any social or economic communities of interest in the area if the Commission
determines that they are relevant to the agency
SCCVCD was formed to provide countywide vector control services and serve the
residents of Santa Clara County. All County residents benefit from services provided by
SCCVCD. Residents in Zone A who pay higher benefit assessment and receive higher
level of service than residents in Zone B, have a stronger economic interest in the
activities of the District.
SPECIAL DISTRICTS SERVICE REVIEW 92
LAFCO OF SANTA CLARA COUNTY
SARATOGA CEMETERY DISTRICT
4. SA R ATOGA C E M ET E RY D I STR I CT
AAGGEENNCCYY OOVVEERRVVIIEEWW
Saratoga Cemetery District (SCD) was formed in 1927 as an independent special
district. The District owns and operates the Madronia Cemetery in Saratoga. The
maintenance and operation of this cemetery is the sole service provided by the District. A
service review for SCD was last conducted in 2007.
Prior to the formation of the District, the Madronia Cemetery Association oversaw the
operation of the cemetery from 1863 to 1927. The association needed further funds to
maintain the cemetery and saw the formation of a district as a means of obtaining tax
revenue for that purpose. Madronia Cemetery is the only cemetery within the District’s
bounds and continues to be heavily used by residents to this day.
The principal act that governs SCD is the Public Cemetery District Law.41 The principal
act authorizes the district to own, operate, improve, and maintain cemeteries, provide
interment services within its boundaries, and to sell interment accessories and
replacement objects (e.g., burial vaults, liners, and flower vases). The principal act requires
the district to maintain cemeteries owned by the district.42 Although the district may
require and regulate monuments or markers, it is precluded from selling them. The law
allows the district to inter non-residents under certain circumstances.43 The law requires a
cemetery district to establish and maintain an endowment care fund for the long-term care
of burial plots. 44 Districts must apply and obtain LAFCO approval to exercise latent powers
or, in other words, those services authorized by the principal act but not provided by the
district at the end of 2000.45
There are 231 cemetery districts throughout California. Saratoga Cemetery District is
46
the only district of its type in Santa Clara County.
41 California Health and Safety Code §9000-9093.
42 California Health and Safety Code §9040.
43 Non-residents eligible for interment are described in California Health and Safety Code §9061, and include former
residents, current and former taxpayers, family members of residents and former residents, family members of those
already buried in the cemetery, those without other cemetery alternatives within 15 miles of their residence, and those
who died while serving in the military.
44 Health and Safety Code §9065.
45 Government Code §56824.10.
46 California State Controller, Special Districts Annual Report, FY 09–10.
SPECIAL DISTRICTS SERVICE REVIEW 93
LAFCO OF SANTA CLARA COUNTY
SARATOGA CEMETERY DISTRICT
Boundaries
SCD bounds include the entire City of Monte Sereno, all of the City of Saratoga (except
two small areas northwest of Prospect Road), three parcels in the City of Los Gatos, and
unincorporated areas west of the cities to the Santa Clara/Santa Cruz county line.47 The
District encompasses approximately 28.8 square miles.
Sphere of Influence
During SCD’s most recent SOI update in 2007, LAFCO reaffirmed a sphere of influence
coterminous with the District’s boundary.
Types and Extent of Services
Services Provided
The District provides cemetery plots, burials, and maintenance of grounds for the
residents and taxpayers of the District at the Madronia Cemetery. Services that the District
provides includes sale of full-burial sites, half-burial sites for cremated remains, and niches
within a columbarium also for cremated remains; opening and closing of the burial sites;
and sale of the required vaults for both cremation and full-casket in-ground burials, as well
as setting markers of different types. The District does not sell caskets or operate a funeral
home or crematory.
Service Area
SCD provides interments to property owners and residents of the District. Additionally,
some former residents and residents’ relatives are eligible for burial. Eligible former
residents include those who purchased interment rights while they were residents, or
those who lived in the District continuously for at least five years (in their last ten years)
and who have a written request from a current resident that they be allowed to purchase
interment rights. Family members of residents and former residents and family members
of those already buried in the cemetery are also qualified for burial. According to California
Health and Safety Code §9061, exceptions may also be made for those without a cemetery
within 15 miles of their residence and those who died while serving in the military.
Service to other agencies
SCD does not have any contracts to provide services to other public agencies.
47 With regard to the areas within the City of Saratoga but not in SCD, the City annexed one area adjacent to Prospect Road
in 2006, that lie outside of the District’s bounds. It is not clear when the other area was annexed to the City.
SPECIAL DISTRICTS SERVICE REVIEW 94
LAFCO OF SANTA CLARA COUNTY
SARATOGA CEMETERY DISTRICT
Contracts for Services
The Saratoga Cemetery District does not have any contracts with public agencies for
service delivery at the cemetery.
Collaboration
The Saratoga Cemetery District does not collaborate with other public agencies in the
delivery of cemetery services.
Overlapping and Neighboring Providers
Other providers of cemetery services that tend to overlap with cemetery districts are
cemeteries associated with certain churches and private owners of cemeteries. In the case
of SCD, there are no other cemetery facilities located within the District’s bounds. The
nearest cemetery facility is the privately-owned Los Gatos Memorial Park in Los Gatos. The
Los Gatos Memorial Park is within the nearby vicinity of the District’s bounds, and most
likely serves some overlapping territory with SCD.
SPECIAL DISTRICTS SERVICE REVIEW 95
LAFCO OF SANTA CLARA COUNTY
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SARATOGA CEMETERY DISTRICT
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SCD is governed by a five-member Board of Trustees. The County Board of Supervisors
appoints all members of the Board, as required in California State Health and Safety Code
§9021. The term of office for each member of the Board of Trustees is four years, with a
three-term limit. The current member names, positions, and term expiration dates are
presented in Figure 4-2.
Figure 4-2: SCD Governing Body
Saratoga Cemetery District
District Contact Information
Contact: Gary Reed, General Manager
Address: 14766 Oak Street, Saratoga, CA 95070
Telephone: 408-867-3717
Email: saratogacemetery@sbcglobal.net
Website: http://www.madroniacemetery.com/
Board of Trustees
Manner of Length of
Member Name Position Began Serving Term Expires
Selection Term
Judy Johnstone Trustee May 2008 December 2013 Appointed 4 years
Vicky Bosworth Chairperson May 2008 December 2013 Appointed 4 years
James Nunn Vice Chair October 2010 December 2013 Appointed 4 years
Debra Cummins Finance Officer May 2011 December 2014 Appointed 4 years
Wayne McIntyre Trustee November 2012 December 2016 Appointed 4 years
Meetings
Date: Wednesdays at 5:00 pm (4th Wednesday of each month)
Location: Faculty Lounge, Oak Street School, 14592 Oak Street, Saratoga
Agenda Posted online and at the District office
Distribution:
Minutes Posted online and at the District office
Distribution:
In the case of SCD, the District functions entirely within County Supervisorial District 5;
consequently, the District 5 Supervisor is responsible for nominating appointees to the
District and making a recommendation for appointment to the full Board of Supervisors.48
While not formalized in a resolution or adopted policies, the process for soliciting members
of SCD’s Board of Trustees generally involves posting the vacancy on the County’s website,
district residents visiting the County’s website and completing the appropriate application
online. The process by which applications are solicited and interviews are conducted is
entirely up to the responsible supervisor. There are no formal policies defining how
openings are to be announced, how long the application period should be open, and the
manner for interviews, etc. Because the District’s board is entirely appointed and does not
48 Resolution of the Board of Supervisors of the County of Santa Clara Relating to the Appointment Process for Districts
and Committees Which Function Only within One Supervisorial District, adopted May 20, 2003.
SPECIAL DISTRICTS SERVICE REVIEW 97
LAFCO OF SANTA CLARA COUNTY
SARATOGA CEMETERY DISTRICT
conduct elections, the Registrar of Voters does not track the composition of the Board and
term expiration dates and this information is not made available on the County’s website.
The Board of Trustees meets on the fourth Wednesday of each month at the Oak Street
School. Each Trustee receives a stipend of $100 for each meeting attended, with a
maximum of four meetings per month. Government Code §53235 requires that if a district
provides compensation or reimbursement of expenses to its board members, the board
members must receive two hours of training in ethics at least once every two years and the
district has to establish a written policy on reimbursements. SCD is up-to-date on its
biennial ethics training. The District has appropriately adopted a policy on expense
reimbursements.
Meeting agendas are posted, the Friday before the meeting, on a bulletin board outside
the district office, and published online on the District’s website. The agenda is also mailed
to members of the public who have requested notification. Meeting minutes are also
posted on the District’s website after adopting at the subsequent Board meeting. The
District conducts constituent outreach in addition to legally required agenda posting via its
website. The District’s website provides information on the services provided by the
District, including its policies, a fee schedule, a map of the cemetery, annual financial
reports for FYs 09-12, a management report for 2010, and a development plan for an
undeveloped portion of the cemetery.
The Board of Trustees have adopted policies and administrative regulations in lieu of
bylaws. These policies and regulations have not been compiled into a single document that
is available on the District’s website as they are voluminous in nature. Pertinent policies
and regulations are available on the District’s website.
Government Code §87203 requires persons that hold office to disclose their
investments, their interests in real property and their income, and file these forms with the
Fair Political Practices Commission upon taking and leaving a position, as well as every
year prior to April 1. All members of the Board of Trustees have filed the Form 700
Statement of Economic Interest forms in 2012.
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The District’s Board of Trustees is responsible for governing the District, while a
general manager oversees the day-to-day operations and supervises an assistant manager
and office manager. The District has three employees as shown in Figure 4-3.
Figure 4-3: Number of Authorized Positions for the Cemetery District, FY 13
Title Number of Authorized Positions
General Manager 1
Assistant Manager 0.6
Office Manager 0.6
TOTAL 2.25
Source: Cemetery District General Manager
SPECIAL DISTRICTS SERVICE REVIEW 98
LAFCO OF SANTA CLARA COUNTY
SARATOGA CEMETERY DISTRICT
SCD retains private firms or individuals for legal services and ground maintenance.
Anthony Condotti of Atchison, Barisone, Condotti and Kovacevich provides legal services
when necessary. A contractor provides landscape maintenance and interment services.
Additionally, the District has retained a certified public accountant to prepare the annual
financial reports and annual financial transaction reports, as required by the State
Controller under Government Code Section §53891. The District has contracts with the
landscape/interment contractor and the accountant. Legal services are provided without a
formal contract between the firm and the District.
The District has not adopted long-range plans or specific performance measures, but
the Board has strategic goals with time frames for completing those goals. There are also
annual performance evaluations for employees. Additionally, the District has adopted a
mission statement, which states: “The Saratoga Cemetery District is a public, partially-tax
supported special district, which maintains and operates Madronia Cemetery in order to
provide for the interment needs of the district residents in perpetuity, while being
respectful of the community, the history, and environment.”
Other documents that the District uses to guide efforts and services include the
annually adopted budget and a development plan for an undeveloped portion of the
cemetery. The board adopted a budget for FY 13 in June 2012. The budget is not available
on the District’s website.
Government Code §53901 states that within 60 days after the beginning of the fiscal
year each local agency must submit its budget to the county auditor. These budgets are to
be filed and made available on request by the public at the county auditor’s office. The
County has reported that in recent years, it has not been the practice for special districts to
file their budgets with the County. However, SCD has appropriately submitted its budget
for the most recent fiscal year.
Special districts must submit a report to the State Controller of all financial transactions
of the district during the preceding fiscal year within 90 days after the close of each fiscal
year, in the form required by the State Controller, pursuant to Government Code §53891. If
filed in electronic format, the report must be submitted within 110 days after the close of
the fiscal year. The District has complied with this requirement.
All special districts are required to submit annual audits to the County within 12
months of the completion of the fiscal year, unless the Board of Supervisors has approved a
biennial or five-year schedule.49 The District’s annual audit is prepared by the same
certified public accountant that prepares the District’s annual financial transaction reports.
The District has filed their annual audits with the County. These audits are prepared
annually for the District. The most recent audit prepared by the District was in September
2012 for fiscal year 2012.
49 Government Code §26909.
SPECIAL DISTRICTS SERVICE REVIEW 99
LAFCO OF SANTA CLARA COUNTY
SARATOGA CEMETERY DISTRICT
PPOOPPUULLAATTIIOONN AANNDD PPRROOJJEECCTTEEDD GGRROOWWTTHH
Land Uses
The District encompasses the Cities of Monte Sereno and Saratoga and unincorporated
areas within the County. The area contains a wide range of land uses, including residential
uses, and large areas of hillside and open space uses.
Current Population
As of 2010, the District had a population of approximately 34,671 residents, based on
GIS analysis of 2010 Census data. Of the District’s population, approximately 86 percent
reside in the City of Saratoga and 10 percent in the City of Monte Sereno, while the
remaining four percent live in the unincorporated area of the District.
Disadvantaged Unincorporated Communities
LAFCO is required to evaluate disadvantaged unincorporated communities as part of
this service review, including the location and characteristics of any such communities. A
disadvantaged unincorporated community is defined as any area with 12 or more
registered voters, or as determined by commission policy, where the median household
income is less than 80 percent of the statewide annual median.50
The California Department of Water Resources (DWR) has developed a mapping tool to
assist in determining which communities meet the disadvantaged communities median
household income definition. DWR is not bound by the same law as LAFCO to define
communities with a minimum threshold of 12 or more registered voters. However, the
DWR data can be used for the purposes of this report as an indicator of any larger
communities that may meet the income definition of disadvantaged. Based on mapping
information from DWR, there are no disadvantaged unincorporated communities within or
adjacent to SCD.51
Projected Growth
While population projections specific to the District are not available, future population
may be imputed from the Association of Bay Area Government’s (ABAG) projections for the
Cities of Saratoga and Monte Sereno and the unincorporated area. ABAG projects that the
population of Saratoga remains unchanged between 2010 and 2035. The City of Monte
50 Government Code §56033.5.
51 DWR maps and GIS files are derived from the US Census Bureau's American Community Survey (ACS) and are compiled
for the five-year period 2006-2010.
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SARATOGA CEMETERY DISTRICT
Sereno is anticipated to experience growth of approximately six percent over that same
time period, while unincorporated areas are anticipated to grow by 19 percent. Should
each area within SCD experience growth as projected by ABAG, then the District is
anticipated to have overall growth of one percent over the 25-year period with a
population of 35,138 in 2035.
FFIINNAANNCCIINNGG
Financial Adequacy
The District reported that the current level of financing is adequate to provide services.
The revenue for the Cemetery District exceeded expenditures in four of the past five fiscal
years (2008–2012), as shown in Figure 4-4. In FY 10, the District experienced a record
number of interments, which caused revenues to peak that year. In FYs 11 and 12, the
number of burials and associated revenues returned to previous levels. In FY 12, the
District made planned capital investments, causing expenditures to exceed revenues in that
year. These capital outlay expenditures were used primarily for the development of two
acres of the cemetery for burial plots.
Figure 4-4: SCD Revenues and Expenditures, FYs 08–12
$1,600,000
$1,400,000
$1,200,000
$1,000,000
$800,000
$600,000
$400,000
$200,000
$0
2008 2009 2010 2011 2012
Revenues Expenses
Source: FYs 2008 through FY 2012 annual financial reports
Revenue Sources
In FY 12, the Cemetery District received $1,119,884 in revenue from the sources
depicted in Figure 4-5. The primary source of revenue for the Cemetery District is property
taxes (58 percent). Sales and charges for service are 23 percent of revenues. The remaining
SPECIAL DISTRICTS SERVICE REVIEW 101
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SARATOGA CEMETERY DISTRICT
revenue is investment income derived from interest on investments, endowment fees, and
miscellaneous revenue sources.
Figure 4-5: SCD Revenue Sources, FY 12
Revenue Category Revenue % of Total Revenue
Property Taxes $645,537 58%
Intergovernmental $4,314 0%
Charges for Service $261,019 23%
Investment Income $147,936 13%
Endowment Care $28,146 3%
Other Revenue $32,932 3%
Total $1,119,884 100%
Source: Saratoga Cemetery District CAFR, FY 12
Rates
SCD reviews its prices and adjusts its rates annually. The rates were most recently
updated effective August 2012. All rates are available on the District’s website.
Rates for a full-sized grave site range from $2,000 to $5,000, and half graves range from
$1,000 to $2,500. These rates depend on on the type of marker used (raised or flat) and the
location of the plot within the cemetery. Niches for cremated remains range from $1,200 to
$1,850, depending on the type of niche (bronze or granite) and the height of the niche.
Each customer must pay an endowment fee, which is contingent on the price of the grave
site. Endowment fees for grave sites range from $175 for a half-sized site with a flat
marker to $650 for a full-sized grave with a raised monument. The endowment fee for the
cremation niches is $300 regardless of the type of niches purchased. In addition to these
rates and fees, the District also charge for opening and closing of the site and for other
related items, such as vaults.
Non-resident fees apply to anyone who is eligible for burial, but was not a resident or
taxpayer of the District at the time of death. The amount of the non-resident fee varies
depending on resident status (i.e., resident, former resident, non-resident) at the time of
death and the type of service (i.e., full burial or cremation interment).
A comparison of rates was conducted by the Funeral Education Foundation—a non-
profit corporation located in Palo Alto—of the cemeteries in Santa Clara and San Mateo
Counties. The organization fields inquiries from families needing help in planning funerals.
This survey was conducted in 2008 and consisted of responses by 11 cemeteries in Santa
Clara County. The rates charged by SCD, at that time, were second lowest for a single full-
grave site, and just below the median charged by all respondents for opening and closing
graves and cremation niches.52
52 Funeral Education Foundation, Cemetery Survey, 2008.
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SARATOGA CEMETERY DISTRICT
A review of current rates offered by a few private cemetery providers in the area shows
that the District’s rates continue to be lower than other non-public providers. While SCD
charges $2,000 for its cheapest full-grave plot, an informal survey of three other private
providers shows that the cheapest full-grave sites range from $4,400 to $6,615, which is
more than double SCD’s rates.53
Expenditures
Total district expenditures in FY 12 were $1.2 million. Expenses in that year were
unusually high, as the District had significant planned capital outlays, which comprised 61
percent of total expenditures. These capital expenditures were paid for out of the District’s
Land Acquisition and Capital Improvements Fund. In the previous four fiscal years, capital
expenditures were minimal, and expenses consisted predominantly of services and
supplies and salaries and benefits. Figure 4-6 presents a breakdown of district
expenditures in FY 12.
Figure 4-6: SCD Expenditures, FY 12
Expenditure Category Expenditures % of Total Expenditures
Salaries and Benefits $204,443 17%
Services & Supplies $265,274 22%
Capital Outlay $744,396 61%
Total $1,214,113 100%
Source: Saratoga Cemetery District FY 2012 CAFR
In FY 13, SCD expenditures are anticipated to return to previous levels. The District has
budgeted for $515,884 in expenditures during the year, of which 45 percent is anticipated
to be used for salaries and benefits, 53 percent for operations, and two percent will be
dedicated for reserves.
Capital Outlays
SCD does not have a formal written five-year capital improvement plan; however, the
District does plan ahead for major capital outlays by saving for anticipated projects in a
dedicated capital fund and has developed an informal list of projects the District would like
to accomplish over the next several fiscal years.
Reserves
The District has not adopted any formal written policies and procedures regarding the
purpose, use or the amount of reserves to maintained. SCD maintains three separate funds,
including the General Fund for operating expenditures, the Capital Project/Land
53 Rates of other providers as reported via a phone conversation. Rates were reported as follows: Los Gatos Memorial
Park - $4,400, Alta Mesa - $6,615, Oak Hill - $5,195.
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Acquisition Fund for capital improvements and land purchases, and the Endowment Fund
to provide for the upkeep of the cemetery when other sources of funding have ceased or
the cemetery is no longer operating. At the end of FY 12, the General Fund had an
unrestricted fund balance of $441,862, which is equivalent to 36 percent of FY 12
expenditures. In the same year, the Capital Project/Land Acquisition Fund had an ending
balance of $3,089,747, of which the entire balance was reserved for future capital projects.
Cemetery districts are required to establish an endowment care fund and may only use
the interest of the fund to finance the care of the facilities.54 SCD’s Endowment Fund had a
balance of $2,237,864 at the end of FY 12. In that year, the District had interest income of
$65,023 on its Endowment Fund, which it could use for maintenance of the facilities;
however, no expenditures were made from this fund in FY 12. The District’s current
endowment fee, which is charged on each burial, exceeds the endowment fee required by
the District’s principal act.55 However, the total Endowment Fund necessary for a cemetery
to guarantee continued maintenance depends largely on the endowment fee collected, the
number of years that the cemetery will continue burial operations, over which period the
endowment fund may continue to grow, as well as the expected life span of large capital
assets. It is recommended that the District conduct an analysis of its endowment fee, the
anticipated growth of its Endowment Fund until the cemetery has reached capacity, and a
long-term capital needs assessment, for the period after the cemetery is full, to ensure that
the fees are sufficient to meet the future needs of the cemetery.
Debt
SCD did not have any long-term debt at the end of FY 12.
IINNFFRRAASSTTRRUUCCTTUURREE AANNDD FFAACCIILLIITTIIEESS
The District owns one cemetery—Madronia Cemetery—located at 14766 Oak Street in
Saratoga. This cemetery is the District’s sole asset. The cemetery is 12.5 acres, of which a
total of 10.5 acres of the cemetery have been developed, and two acres remain
undeveloped. (A developed area has lawn, which is irrigated, and is laid out for sale and
burial.)
At the current rate of sales, the District estimates that it has sufficient grave sites to
handle demand for the next 43 to 50 years before reaching maximum capacity. The
number of available grave sites by type are shown in Figure 4-7 and discussed in more
detail below.
54 Health and Safety Code §9065.
55 Health and Safety Code §8738.
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SARATOGA CEMETERY DISTRICT
Figure 4-7: SCD Available Grave Sites
Total Available Sold but Unused Unsold and unused
Full grave 5,665 1,733 3,892
Half grave 465 110 355
Cremation Niche 393 113 280
Full-grave sites are for casket internments. It is unknown how many used full-grave
sites the Madronia Cemetery has. At present, approximately 5,665 sites are not occupied. Of
these grave sites 1,773 are sold but currently unused, 941 are unused and unsold and in
developed areas, and 2,951 are unsold, unused, and are in undeveloped areas. A majority of
available grave sites (52 percent) are in areas that will be developed in the future.
It is unknown how many full half-grave sites the cemetery has. These half-grave sites
are for cremation interments. There are approximately 465 unused half graves, which
includes 110 that are sold and 355 that are unsold. Of the unsold sites, 184 or 52 percent
are in developed areas, while the remaining 171 are in undeveloped areas.
The cemetery has a columbarium with niches where urns containing cremated remains
are placed. The columbarium has 393 unused niches—113 sold niches and 280 available
for sale.
Infrastructure Needs
SCD has developed a list of projects to be completed over the next several years. In FY
13, the District plans to focus on construction of screening for the water well and updating
the hardware and software for the District’s computer system. In subsequent years, the
District has planned for the following improvements: fixing the storage shed door; creating
a scattering garden for cremations; planting trees in the back of the cemetery; replacing the
dying magnolia trees; renovating the general manager’s building; developing perimeter
fencing; and screening a few areas of the cemetery.
Besides these structural and capital improvements, some long-term goals of the District
include remodeling the existing buildings, reusing the old Madronia Cemetery sign, and
creating a cenotaph with pump shelter.
The cemetery and associated buildings, while reflective of their age, appear to be
reasonably maintained. No critical deferred maintenance issues were identified over the
course of this review.
Shared Facilities
SCD does not share any facilities with other agencies or organizations.
SPECIAL DISTRICTS SERVICE REVIEW 105
LAFCO OF SANTA CLARA COUNTY
SARATOGA CEMETERY DISTRICT
DDEEMMAANNDD FFOORR SSEERRVVIICCEESS
Demand for cemetery services is indicated by the number of burials in any given year,
as well as the number of annual sales for grave sites.
Over the past 10-year period, the District has experienced an overall increase in the
number of annual burials from 97 burials in FY 03 to 125 in FY 12, which is equivalent to
an increase of 29 percent over that period. Also during that period, there has been a
gradual trend in favor of cremation burials as opposed to full-body burials. Figure 4-8
presents 10-year interment trend data for the Madronia Cemetery.
Figure 4-8: SCD Interments, FY 03-12
Number of Burials By Type
Cremation
Fiscal Year Full Burials Burials Niche Burials Total Burials
FY 03 50 32 15 97
FY 04 53 41 14 108
FY 05 53 36 17 106
FY 06 62 34 15 111
FY 07 64 29 16 109
FY 08 45 45 24 114
FY 09 57 39 15 111
FY 10 69 40 29 138
FY 11 62 43 19 124
FY 12 61 42 22 125
Annual Average 57.60 38.10 18.60 114.30
Source: Saratoga Cemetery District, Interment Statistics, June 30, 2012.
The Madronia Cemetery appears to be the primary cemetery choice for people in the
area. There were approximately 175 deaths within the District’s bounds, based on Santa
Clara County’s death rate of 0.05 percent in 2010.56 In that same year, there were 138
burials in Madronia Cemetery, of which 99 were residents and 39 were eligible non-
residents. In that particular year, it appears that approximately 57 percent of potential
customers chose Madronia Cemetery. Contrary to the District’s burial trend, there has
been an overall decline in grave site sales over the same 10-year period. The District went
from a total of 139 sales of grave sites and niches in FY 03 to 77 sales in FY 12. This is
attributable to the use of pre-sold sites in previous years. Figure 4-9 presents number of
sales by type for Madronia Cemetery for the past 10 fiscal years.
56 California Department of Public Health, Death Statistical Data Table 5-16: Deaths by Year of Death, California Counties,
2001-2010. 2011.
SPECIAL DISTRICTS SERVICE REVIEW 106
LAFCO OF SANTA CLARA COUNTY
SARATOGA CEMETERY DISTRICT
Figure 4-9: Sales by Type, FYs 03-12
Source: Saratoga Cemetery District, Sales Statistics, June 30, 2012.
GGOOVVEERRNNAANNCCEE SSTTRRUUCCTTUURREE OOPPTTIIOONNSS
No governance structure options were identified with regard to SCD.
SPECIAL DISTRICTS SERVICE REVIEW 107
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SARATOGA CEMETERY DISTRICT
SSAARRAATTOOGGAA CCEEMMEETTEERRYY DDIISSTTRRIICCTT
SSEERRVVIICCEE RREEVVIIEEWW DDEETTEERRMMIINNAATTIIOONNSS
Growth and Population Projections
Saratoga Cemetery District’s (SCD) population is approximately 34,671 people,
based on GIS analysis of 2010 Census data.
Should each area within SCD experience growth as projected by ABAG, then the
District is anticipated to have a population of approximately 35,138 in 2035.
Location and Characteristics of any Disadvantaged
Unincorporated Communities Within or Contiguous to the
Sphere of Influence
There are no disadvantaged unincorporated communities within or adjacent to the
District, based on mapping information provided by the State of California
Department of Water Resources.
Present and Planned Capacity of Public Facilities and
Adequacy of Public Services, Including Infrastructure Needs
and Deficiencies
At the current rate of sales, the District estimates that it has sufficient space for
burials for the next 43 to 50 years.
The District appropriately meets all standards required by its principal act.
There are certain improvements that could be made to operations, including long-
term financial planning in the form of a rate study andadoption of a reserve fund
policy.
The cemetery and associated buildings, while reflective of their age, appear to be
reasonably maintained. No critical deferred maintenance issues were identified over
the course of this review.
SCD has developed a list of projects to be completed over the next several years. In
FY 13, the District plans to focus on construction of screening for the water well and
updating the hardware and software for the District’s computer system. In
subsequent years, the District plans to fix the storage shed door; create a scattering
garden for cremations; plant trees in the back of the cemetery; replace the dying
magnolia trees; renovate the general manager’s building; develop perimeter
fencing; and screen a few areas of the cemetery.
SPECIAL DISTRICTS SERVICE REVIEW 108
LAFCO OF SANTA CLARA COUNTY
SARATOGA CEMETERY DISTRICT
Financial Ability of Agency to Provide Services
While rates are low compared to other providers, district funding appears to be
sufficient to meet the agency’s existing operational and capital needs, which allows
the SCD to provide an adequate level of service.
The revenue for the District exceeded expenditures in four of the past five fiscal
years. In FY 12, the District made planned capital investments, causing
expenditures to exceed revenues in that year.
Compared to other service providers in the County, the District charges some of the
lowest rates, particularly in comparison to private providers. It is recommended
that the District conduct a rate study, taking into consideration long-term capital
improvement needs, to ensure that rates, in particular endowment fees, are set at
levels to ensure care of the facility in perpetuity.
SCD maintained a healthy cash balance in its general fund to finance approximately
four months of district operations should the need arise. Additionally, the District
maintains a significant Capital Project/Land Acquisition reserve fund balance to
fund any future capital needs, as well as purchase additional property that meets the
particular needs of the District should the opportunity arise.
The District has established an Endowment Reserve, as required by the State to
provide for the upkeep of the cemetery when other sources of funding have ceased
or the cemetery is no longer operating. Of the Endowment Reserve, the District may
only make use of the interest earnings for maintenance of the facility. The District
made no expenditures from this fund in FY 12. The District should conduct a formal
review of the adequacy of the endowment care fund to determine if the fund balance
will be sufficient to provide perpetual care to the cemetery facilities once it has
reached maximum capacity, and adopt appropriate and prudent fees based upon
that review.
Status and Opportunities for Shared Facilities
The District does not share any facilities with any other agencies or organizations.
No opportunities for facility sharing with other public agencies were identified.
Accountability for Community Services, Including
Governmental Structure and Operational Efficiencies
The District generally demonstrated accountability and transparency with regard to
governance by adopting a mission statement, adopting an annual budget prior to the
start of the fiscal year, publishing agendas for public meetings as legally required,
filing of Form 700 Statement of Economic Interest and completion of ethics training
SPECIAL DISTRICTS SERVICE REVIEW 109
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SARATOGA CEMETERY DISTRICT
by all board members, and by maintaining a website where information is made
available to the public.
Improvements could be made to the District’s operations in order to enhance
accountability and transparency. The District should make available on its website
its comprehensive policies and administrative regulations.
SPECIAL DISTRICTS SERVICE REVIEW 110
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SARATOGA CEMETERY DISTRICT
SSAARRAATTOOGGAA CCEEMMEETTEERRYY DDIISSTTRRIICCTT
SSPPHHEERREE OOFF IINNFFLLUUEENNCCEE UUPPDDAATTEE
Existing Sphere of Influence Boundary
SCD’s SOI is presently coterminous with its bounds.
Recommended Sphere of Influence Boundary
It is recommended that LAFCO reaffirm the District’s coterminous SOI.
Proposed Sphere of Influence Determinations
The nature, location, extent, functions, and classes of services provided
The District provides cemetery plots, burials, and maintenance of grounds for the
residents and taxpayers of the District at the Madronia Cemetery. Services that the
District provides includes sale of full-burial sites, half-burial sites for cremated
remains, and niches within a columbarium also for cremated remains; opening and
closing of the burial sites; and sale of the required vaults for both cremation and
full-casket in-ground burials, as well as setting markers of different types.
SCD provides interments to property owners and residents of the District.
Additionally, some former residents and residents’ relatives are eligible for burial.
Present and planned land uses in the area, including agricultural and open-space lands
The District encompasses the Cities of Monte Sereno and Saratoga and
unincorporated areas within the County. The area contains a wide range of land
uses, including residential uses, and large areas of hillside and open space uses.
While the District’s bounds and proposed SOI do include some agricultural and open
space lands, the proposed SOI is not anticipated to impact these lands.
Present and probable need for public facilities and services in the area
Approximately, 57 percent of potential resident customers chose the District’s
cemetery facilities. Given the lack of other nearby public cemetery options, demand
for the District’s services is anticipated to endure.
Over the past 10-year period, the District experienced an overall increase in the
number of annual burials, equivalent to an increase of 29 percent between FY 02
and FY 12. Also during that period, there has been a gradual trend in favor of
cremation burials as opposed to full-body burials.
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SARATOGA CEMETERY DISTRICT
The District is anticipated to have overall growth of one percent over the 25-year
period from 2010 to 2035. This increase in population is anticipated to have a
minimal impact on demand for the District’s services.
Present capacity of public facilities and adequacy of public services that the agency
provides or is authorized to provide
At the current rate of sales, the District estimates that it has sufficient space for
burials for the next 43 to 50 years.
The District appropriately meets all standards required by its principal act.
There are certain improvements that could be made to operations, including long-
term financial planning in the form of a rate study, and adoption of a reserve fund
policy.
The cemetery and associated buildings, while reflective of their age, appear to be
reasonably maintained. No critical deferred maintenance issues were identified over
the course of this review.
Existence of any social or economic communities of interest in the area if the Commission
determines that they are relevant to the agency
The District encompasses a majority of the social and economic communities of the
Cities of Saratoga and Monte Sereno. The City of Saratoga is considered a divided
community of interest given that two small incorporated areas extend outside of the
District’s bounds.
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SOUTH SANTA CLARA VALLEY MEMORIAL DISTRICT
5. SOU TH S AN TA C LA RA VA L L EY
MEMORIAL D IST RICT
AAGGEENNCCYY OOVVEERRVVIIEEWW
South Santa Clara Valley Memorial District (SSCVMD) was formed on August 26, 1946
as an independent special district. The District owns and operates a memorial hall located
in the City of Gilroy. The maintenance and operation of this building and property is the
sole service provided by the District. A service review for the District was last conducted in
2006.
Memorial districts are formed under, and operate pursuant to the provisions of Division
6, Chapter 1 of the Military and Veterans Code of the State of California (§1170 et seq.).
Through the principal act, memorial districts are empowered to provide and maintain
memorial halls, buildings, and other recreation facilities for use by veteran as well as non-
veteran individuals and organizations. Districts must apply and obtain LAFCO approval to
exercise services authorized by the principal act but not already provided (i.e., latent
powers) by the district at the end of 2000.57
There are 27 memorial districts in California.58 Fourteen of these memorial districts are
located in Tulare County, and six in Calaveras County. No other county in the State has
more than two memorial districts. SSCVMD is the only district of its type in Santa Clara
County.
Boundaries
SSCVMD’s boundaries include the City of Gilroy and surrounding unincorporated lands.
It is bounded on the north by Church Avenue, and on the east, west and south, it extends to
the Santa Clara County line. The District encompasses 311.3 square miles.
Sphere of Influence
The sphere of influence of SSCVMD is coterminous with its boundaries.
57 Government Code §56824.10.
58 California State Controller Special Districts Annual Report Fiscal Year 2009 – 2010.
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SOUTH SANTA CLARA VALLEY MEMORIAL DISTRICT
Type and Extent of Services
Services Provided
The Memorial District owns, operates, and maintains a memorial hall for the use of
veterans and other members of the public.
Three veterans groups use the memorial hall for meetings. These groups include the
American Legion Post 217, the Veterans of Foreign War Post 6309, and the Gilroy Chapter
of the Ladies' Auxiliary of Veterans of Foreign War Post 6309. These veterans groups are
described below.
The American Legion is a patriotic veterans organization that focuses on service to
veterans, service members, and communities. The mission of the American Legion is
to mentor youth and sponsor programs in communities, advocate patriotism and
honor, promote strong national security, and promote programs that benefit service
members and veterans. The American Legion currently has about 2.4 million
members in 14,000 posts worldwide. American Legion Post 217 has 341 members.
The Veterans of Foreign Wars traces its roots back to 1899. The mission of the
Veterans of Foreign Wars is to foster camaraderie among veterans of overseas
conflicts; to serve veterans, the military, and communities; and to advocate on
behalf of all veterans. There are a total of 2.1 million members of the Veterans of
Foreign Wars. Post 6309 has 237 members.
The Ladies Auxiliary of the Veterans of Foreign Wars was established in 1914. It has
555,000 members. The mission of the Ladies Auxiliary of the Veterans of Foreign
Wars is to serve veterans and their families, promote pride in America, teach young
people about the cost of freedom, and serve the community. Services include
support services for veterans and their family and volunteering in hospitals and
outpatient facilities. The Ladies Auxiliary of Post 6309 has 38 members.
A number of different types of meetings and events are held at the memorial hall by
these groups as well as the public. Meetings and events range from funeral and memorial
services for veterans to community events such as a Memorial Day barbecue and a
Veterans Day breakfast. These events are hosted by individuals or one of the mentioned
organizations. The Memorial Day barbecue, the Veterans Day breakfast, and weekly bingo
are hosted by the Veterans of Foreign War. Additionally, the Veterans of Foreign War and
the American Legion each use the memorial hall for bi-monthly standing meetings.
The memorial hall includes a bar, which is operated and managed by the Bar Council—a
separate body from SSCVMD composed of two members from each of the Veterans of
Foreign Wars and the American Legion organizations. The Bar Council reports to its
member organizations, and revenues from the bar operations are shared between the two
groups. The bar is open from 8:00 am to 6:30 pm daily. Bar operations are discussed in
more depth in the Financing Section of this chapter.
SPECIAL DISTRICTS SERVICE REVIEW 114
LAFCO OF SANTA CLARA COUNTY
SOUTH SANTA CLARA VALLEY MEMORIAL DISTRICT
Service Area
Members of the groups that make use of the District’s facility reside both within and
outside the District’s bounds. Non-residents come from the neighboring unincorporated
area of San Martin, the City of Morgan Hill, and City of San Jose, but can also come from as
far as outside the State. Approximately 60 percent of the American Legion Post 217
members reside within the District. Of the members of the Veterans of Foreign Wars Post
6309, 55 percent reside within the District. Approximately 89 percent of the Ladies
Auxiliary reside within the District’s bounds.
Services to Other Agencies
The District does not have any contracts to provide services to other public agencies.
Contracts for Service
The District does not have any contracts with other public agencies for service delivery
at the memorial hall.
Collaboration
The District collaborates with the above mentioned veterans groups to coordinate
services and events at its facility.
Overlapping and Neighboring Service Providers
Various agencies and organizations provide services to veterans within the southern
region of Santa Clara County.
A mobile veterans center provides services, once a month, at Gavilan College in Gilroy.
The center is based out of the United States Veterans Affairs office in Santa Cruz. The center
provides a range of readjustment counseling services to veterans.
There is also a counselor from the United States Department of Veterans Affairs
available to veterans every other Monday at the work2future One-Stop Center in Gilroy.
The work2Future program is funded and operated by the City of San Jose, and offers
services and resources that help job seekers obtain the skills and training they need to find
a job, assist businesses in meeting their workforce and economic development needs, and
enable youth to jump-start their career.
The Santa Clara County Office of Veterans Services provides veteran’s services at the
San Jose Veterans Center. These services include counseling, outreach, and referral services
to eligible veterans in order to help them readjust to civilian life. The Santa Clara County
Office of Veterans Services also advocates for veterans, provides case management services
for veterans, files claims on behalf of veterans with the United States Department of
Veteran Affairs, provides veterans with information and referrals, processes appeals by
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veterans to the United States Department of Veteran Affairs, interfaces with other
organizations, and provides in-home visitation.
SPECIAL DISTRICTS SERVICE REVIEW 116
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South Santa Clara Valley Memorial District
Cities Urban Service Areas South Santa Clara Valley Memorial
District Sphere of Influence
This map created by the Santa Clara County Planning Office. The GIS data was compiled City Limits (Incorporated Areas)
from various sources. While deemed reliable, the Planning Office assumes no liability.
3/8/2013 7:23:00 AM Y:\Projects\LAFCO\Projects\LAFCO_SSCV_Memorial_District_alternate.mxd ^_ South Santa Clara Valley Memorial
Z Memorial Hall
Miles 0 1 2 Februrary 2013 74 West Sixth Street, Gilroy District
SOUTH SANTA CLARA VALLEY MEMORIAL DISTRICT
AACCCCOOUUNNTTAABBIILLIITTYY AANNDD GGOOVVEERRNNAANNCCEE
SSCVMD is managed and governed by a five-member Board of Directors. At least three
of the five seats on the District’s Board are designated for veterans as required by Military
and Veterans Code §1197. Board members are elected to four-year terms of office. There
are no term limits. The County Board of Supervisors appoints members to the district
Board if elections are uncontested or if there are no candidates for election. The County
Board of Supervisors has appointed all of the current board members. No elections for the
District board have been held for at least the last ten years, according to the Registrar of
Voters. As the four-year terms of office of incumbent Board members expire, existing
members are generally re-appointed, or if the member does not desire to serve any longer,
then new members are appointed by the County Board of Supervisors, in lieu of an election.
This reflects a lack of candidate and resident interest in the District’s activities and
governance, perhaps due to a lack of outreach to area residents.
Prior to an election (in an election year), the County Registrar of Voters publishes a
legal notice in a local newspaper of the District’s choice to announce any upcoming board
terms that are expiring. Any persons interested in running for the position (incumbent or
otherwise), must file with the County Registrar of Voters. If no more than one person is
running for each available position, then the Board of Supervisors can consolidate the
election and appoint individuals without conducting the election. If no one runs for a
position, then the Board of Supervisors is empowered to appoint any person to the office
who is qualified on the date when the election would have been held.59
The process for appointment by the Board of Supervisors differs by district. While not
formalized in a resolution or adopted policies, the District’s Board of Directors conducts
solicitation and review of applicants and then makes a recommendation to the County
Board of Supervisors for appointment. There are no formal policies or standardized
procedures on the part of the District nor the Board of Supervisors defining how openings
are to be announced, how long the application period should be open, and the manner for
interviews, etc. It appears that the District has not come to the Board of Supervisors for
appointment of two of the members sitting on the board, and instead has seated the
members. The District then had the members appointed by the Board of Supervisors
during the next consolidated election.
Upon appointment by the Board of Supervisors, it is unclear where the responsibility
lies regarding reporting the Board of Supervisor’s decision back to the Registrar of Voters,
whether it’s the District or the Clerk of the Board. In the case of SSCVMD, the Registrar of
Voters has not been able to maintain up-to-date information on the board members and
their respective term expiration dates, and the District was unable to provide the correct
term expiration dates for each of the board members. There appears to be an opportunity
for improvement to this process, to ensure that all interested parties (the District, the
59 Elec. Code, § 10515(a).
SPECIAL DISTRICTS SERVICE REVIEW 118
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public, the Clerk of the Board, and the Registrar of Voters) can readily identify the existing
governing body of the District and respective term expiration dates.
The current Board member names, positions, and term expiration dates are presented
in Figure 5-2.
Figure 5-2:SSCVMD Governing Body
South Santa Clara Valley Memorial District
District Contact Information
Contact: Gabriel Perez, Board President
Address: 74 West 6th St., Gilroy, CA 95020
Telephone: 408-710-3482
E-mail: suefullington@msn.com
Website: The District does not have a website
Board of Directors
Began
Current
Serving Manner of Length of
Member Name Position Term
(reported by Selection Term
Expires
District)
Nicolas Marquez Director 2008 2015 Appointed 4 years
Not
Phil Garcia Director 2011 Appointed 4 years
Provided1
Gabriel Perez President 2007 2013 Appointed 4 years
Not
John Ceballos Director 2010 Appointed 4 years
Provided1
Ray Sanchez Director 2010 2015 Appointed 4 years
Meetings
Date: Wednesdays at 7:00 pm (3rdWednesday of each month)
Location: Gilroy Memorial Hall 74 W. 6thSt., Gilroy
Agenda Filed in a binder located in the front lobby of the memorial hall
Distribution:
Minutes Filed in a binder located in the front lobby of the memorial hall
Distribution:
Notes: 1) When a previous board member (David Roderiguez) left office, Ray Sanchez was appointed by the
District’s Board to fill the position, which expired in 2013. However, Ray Sanchez filed with the County
Registrar of Voters when he was notified differently that his position was expiring in 2011, and as the only filer
of three positions, was placed in a position that expires in 2015. Both John Ceballos and Phil Garcia were
appointed by the District’s Board at around the same time. It is unclear which of these two took on the term
expiring in 2013 and which has the term ending in 2015.
The Board of Directors meets on the third Wednesday of each month at the memorial
hall. Pursuant to Military and Veterans Code §1197, board members are prohibited from
receiving compensation, but may be reimbursed for actual and necessary expenses
incurred in the performance of duties. As a consequence, Board members serve without
compensation. Government Code §53235 requires that if a district provides compensation
or reimbursement of expenses to its board members, the board members must receive two
hours of training in ethics at least once every two years and the district must establish a
written policy on reimbursements. The Board President completed the training in 2008,
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and has not completed the required biennial ethics training since then. Other Board
members have not completed the required biennial ethics training. The District reported
that it is planning to complete the necessary ethics training in the near future through
either Santa Clara County or the City of Gilroy. The District does not have a policy on
expense reimbursements.
Agendas and minutes are filed in a binder on the front desk of the lobby in the memorial
hall; agendas and minutes are retained for approximately six months in the binders. The
agenda and minutes are not posted in any other location. The District’s secretary also
retains copies of all of the agendas and minutes, off-site at the secretary’s private office.
SSCVMD does not conduct additional outreach activities to inform the public of district
activities. The District does not maintain a website where public documents and
information are made available to constituents.
Several deficiencies to proper governing, accountability and transparency were
identified over the course of this review, including 1) not meeting legal requirements
outlined in the District’s principal act, 2) inadequate and possibly illegal bylaws, 3)
numerous Brown Act violations, 4) illegally attempting to remove a board member, 5)
excluding the vote of a board member, 6) failing to use a bidding process for hiring
contractors, and 7) failure to file required disclosure forms to the Fair Political Practices
Commission in 2012. These deficiencies are each described in more detail below.
According to Military and Veterans Code §1198, SSCVMD is required to elect both a
president and secretary from the Board members. While the District has an identified
president, it has not designated a secretary as legally required. It should be noted that the
current president has been in the position for multiple years as there is no defined term for
the positions and no adopted process for renewing his term or electing a new president.
Until recently, SSCVMD was operating without bylaws that outline fundamental aspects
of district governance, operations and activities. The District considered new bylaws in
February 2012 and adopted the bylaws at the March 2012 meeting. These bylaws contain
eight provisions in total, which are presented below. The District did not receive any legal
advice in drafting these bylaws. According to LAFCO Counsel, these bylaws, besides being
unusual, may be illegal and may be in violation of free speech rights. Additionally, there
seems to be a lack of several procedures and processes critical to proper governance by the
Board (i.e., process for appointing board positions) as well as a lack of clarity in the
difference between the District’s Board and the Building Committee.
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Figure 5-3: SSCVMD Bylaws
Bylaw Concern
The affairs of the Building Committee shall This policy is unclear in that it references a
be governed by the Board of Directors and Board of Directors, which may be the Board
the Board of Directors shall consist of five of the Directors of the District itself or a
members, one member will consist of a separate body specific to the Building
member appointed by the President, and the Committee. If the committee is intended to
remaining four members will be designated be specific to building issues, then it should
Directors, and the President may delegate be designated something other than the
duties to any or all Directors. Board of Directors. Additionally, it is
unclear who will comprise the four other
“Directors” of this committee. If the policy is
indeed referencing the District’s Board of
Directors, then the President may not
appoint a member as election and
appointment of the five Directors is
governed by the District’s principal act and
the Uniform District Election Law.
A quorum is required to conduct all It is unusual for a president to be included in
business, and a quorum will consist of three the definition of a quorum. Military and
of the five members, which includes the Veterans Code §1199 specifies that a
President. majority of the board shall constitute
quorum and does not require the president
to be present to establish quorum.
All motions, rules, by-laws and decisions
that affect the Building must be approved by
a quorum.
Meetings will be held once a month on the
third Wednesday of each month unless
otherwise notified, and all meetings are
open to the public.
Any member of the Board of Directors that Proper procedure for vacating an elected
misses two consecutive meetings, excused office is determined by Government Code
or unexcused, shall have their voting rights §1770, which provides for a vacancy when
revoked for an equal amount of time. In the a board member ceases "to discharge the
event that a member misses three duties of his or her office for the period of
consecutive meetings, his voting rights will three consecutive months, except when
be revoked for a period of four months and prevented by sickness, or when absent from
he will be put on notice that one more the state with the permission required by
consecutive absence will result in law." Additionally, the Board lacks the
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disciplinary action. If a director misses four authority to revoke the voting rights of an
consecutive meetings, disciplinary actions elected member, and in the case of excused
will be initiated with the Board of absences doing so defies logic.
Supervisors for removal of that director
from office. A quorum is required to excuse
any absence or waive disciplinary action.
All Board members shall maintain a file It is unclear why minutes are only kept for
containing a copy of the by-laws, policy and the Building Committee and not the
procedures and the last 6 months of minutes District’s Board of Directors.
of the South Santa Clara Valley Memorial
District Building Committee.
The Board of Directors shall maintain a
"Policy and Procedures Manual"; the Board
is the sole entity responsible for creating the
policies and may edit them at any time with
a quorum vote of the Directors.
No member of the Board of Directors shall Otherwise lawful complaints to outside
go to an outside source to register a agencies are protected under the First
complaint without first presenting their Amendment. (See also California
grievance to the Board of Directors at a Government Code §54954.3 [right to
regular meeting. The Board will then have criticize local agency].) Retaliating against
the opportunity to resolve the matter. If the someone for exercising their First
Board of Directors cannot resolve the issue, Amendment rights subjects the District to
then the member may seek an outside potential liability. In addition, certain
source to resolve the issue. The voting rights disclosures may be further protected or
of that member will be revoked for a period allowed by law. For example, disclosures
of 3 months for non-compliance. related to improper closed session are
expressly permitted under the Brown Act.
(California Government Code § 54963).
There have been complaints to the County of Santa Clara Board of Supervisors, the
County District Attorney’s Office, the Civil Grand Jury and LAFCO alleging illegality in the
governance and operation of SSCVMD. Allegations against the District are regarding
violations of the Brown Act, attempting to illegally remove one Board member, not
counting the vote of a board member, and not using a bidding process for hiring
contractors.
The Santa Clara County Grand Jury has issued reports in the past regarding SSCVMD. In
2005-2006, the Grand Jury reported that “The South Santa Clara Valley Memorial District’s
internal financial statements contain numerous errors and offer no comprehensible audit
trail of District activities. If District management cannot remedy these serious
shortcomings immediately, the Board of Supervisors should replace the existing board with
persons who can effectively oversee District affairs. This board should hire, using accepted
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County procurement procedures, a qualified outside management firm to conduct
operations.” The Grand Jury also reported that the District did not have a long-range
management plan, financial skills of management personnel were questionable and need
improvement, accurate internal month-to-month financial statements are not available,
budgets appear to be inflated, and reserves are high compared to expenses with no
justification.
In May 2012, the Grand Jury reported that the District and/or Board members had
failed to follow the law in the following respects: 1) attempting to illegally remove one
board member, 2) conducting an unlawful closed-session meeting on October 16, 2011, 3)
violating requirements for approving contracts, 4) failing to complete required biennial
ethics training for all board members; and 5) failing to complete the Form 700 Statement of
Economic Interest form in 2012 as required by Government Code §87203.60 Other concerns
were noted as well, including the lack of any constituent outreach and lack of district
contact information. The Grand Jury generally found that the District was significantly
lacking in good governance and good business practices. The District responded in its
defense that the remodel project had been put out to bid as required, although no
substantiating evidence was provided, and that it was now aware of the requirements to
lawfully remove a board member. The District did not respond regarding the other
concerns identified by the Grand Jury.
Over the course of this review, other Brown Act violations were identified. The District
appears to have a lack of understanding of what constitutes a meeting that requires public
notice. The Brown Act requires that meetings involving a majority of a legislative body
must be open to the public and must satisfy certain meeting notice and agenda
requirements. Four members of the District’s Board of Directors met with LAFCO staff and
its consultants in September 2012 without properly noticing the meeting.
In order to enhance District accountability and compliance with legal requirements, it is
recommended that the District inform itself of proper operating and governing
requirements in the District’s principal act, the Brown Act, and the Uniform District
Election Law. Additionally, to ensure that the District is operating legally, it should secure
dedicated legal counsel to direct the District on the legality of operations and provide input
on items up for adoption by the Board.
MMAANNAAGGEEMMEENNTT AANNDD SSTTAAFFFFIINNGG
The Board of Directors is responsible for the management of the District and the
maintenance, repair, and operations of the memorial hall. The District does not have any
employees.
60 As of the drafting of this report, four of the District’s five board members had filed their Form 700s for 2013. The fifth
Director was not yet delinquent in filing for the year.
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SSCVMD retains private firms or individuals for certain regular needs and various
services related to the maintenance of the memorial hall. The District retains a secretary to
provide administrative services, on a monthly retainer. At present, there is no contract
with the secretary for these services. The secretary receives $150 per month to manage
rentals of the memorial hall, record and prepare agendas and meeting minutes, prepare
checks for payment of invoices for the approval of the Board of Directors, and maintain
bank records for the District. The secretary maintains all records off-site at her office.
Additionally, the District has retained a certified public accountant to prepare the annual
financial transaction reports that are required by the State Controller under Government
Code Section §53891. This service is also provided without a contract between the
accountant and the District. The District reported that it is planning to formalize contracts
with both the secretary and the accountant. The District does not have legal counsel. The
District relies on several companies for maintenance related needs, including Clark Pest
Control, ASCO for air conditioning, a landscape maintenance contractor, and janitors for
cleaning of the memorial hall. South Valley Property Management manages the rental of
the hall for outside events.
SSCVMD has not adopted a mission statement, goals, objectives, long-range plans or
performance measures to guide district services.
The District also maintains an annual budget of anticipated expenditures for the fiscal
year. Based on a review of meeting minutes, it appears that while the District was able to
provide copies of the budgets for FYs 12 and 13, they were not considered or adopted at
the board meetings prior to the start of the fiscal year. Most recently, the District
considered adjusting the budget for FY 13, and appropriately considered the changes at a
public meeting and adopted a resolution to make the adjustments.61
Government Code §53901 states that within 60 days after the beginning of the fiscal
year each local agency must submit its budget to the county auditor. These budgets are to
be filed and made available on request by the public at the county auditor’s office. The
County has reported that in recent years, it has not been the practice for special districts to
file their budgets with the County.
Special districts must submit a report to the State Controller of all financial transactions
of the district during the preceding fiscal year within 90 days after the close of each fiscal
year, in the form required by the State Controller, pursuant to Government Code §53891. If
filed in electronic format, the report must be submitted within 110 days after the close of
the fiscal year. The District has complied with this requirement.
All special districts are required to submit annual audits to the County within 12
months of the completion of the fiscal year, unless the Board of Supervisors has approved a
61 SSCVMD Resolution dated January 16, 2013.
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biennial or five-year schedule.62 In the case of SSCVMD, both the District and the County is
under the understanding that the District is under a five-year audit schedule; 63 however,
there are no records to confirm that this was in fact approved by the Board of Supervisors.
The most recent audit prepared by the District was in November 2008 for the five-year
period covering FY 04 to FY 08. This audit was prepared by the same accountant who
prepares the annual financial transaction reports, which are submitted to the State
Controllers’ Office. The District’s next audit will be due for the period FY 09 to FY 13.
Given the lack of records to substantiate that a five-year audit schedule was approved, and
certain concerns regarding financial transparency of the District, it may be prudent for the
County to consider an annual audit requirement for the District.
Certain deficiencies were identified with regard to the District’s tracking and
administration of funds. The secretary to the Board prepares monthly and annual “profit
and loss statements” for the Board of Directors review. While the secretary to the Board
provides these statements at each meeting, they are not placed on the Board agenda or
approved by the Board of Directors. Additionally, several discrepancies exist between the
District’s annual financial transaction reports submitted to the State Controller and the
annual “profit and loss financial statements” prepared by the secretary. These
discrepancies are discussed in more detail in the Financing Section of this chapter.
PPOOPPUULLAATTIIOONN AANNDD PPRROOJJEECCTTEEDD GGRROOWWTTHH
Land Uses
The District encompasses the City of Gilroy and the adjacent unincorporated County
areas, which extend to the County boundary to the south, east, and west. The City of Gilroy
is a largely residential and agricultural community. The unincorporated County areas are
largely ranchlands, hillsides, regional parkland, and agricultural areas. However, smaller
areas consisting of open space reserves also exist adjacent to Gilroy.
Current Population
As of 2010, the District had approximately 57,538 residents, based on GIS analysis of
2010 Census data. The City of Gilroy is the only urban population center in the District,
with a population of 48,821 according to the 2010 Census.
Disadvantaged Unincorporated Communities
LAFCO is required to evaluate disadvantaged unincorporated communities as part of
this service review, including the location and characteristics of any such communities. A
62 Government Code §26909.
63 Correspondence with Annie Tom, Santa Clara County Auditors Office, February 14, 2013.
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disadvantaged unincorporated community is defined as any area with 12 or more
registered voters, or as determined by commission policy, where the median household
income is less than 80 percent of the statewide annual median.64
The California Department of Water Resources (DWR) has developed a mapping tool to
assist in determining which communities meet the disadvantaged communities median
household income definition. DWR is not bound by the same law as LAFCO to define
communities with a minimum threshold of 12 or more registered voters. However, the
DWR data can be used for the purposes of this report as an indicator of any larger
communities that may meet the income definition of disadvantaged. Based on mapping
information from DWR, there are no disadvantaged unincorporated communities within or
adjacent to SSCVMD.65
Projected Growth
While population projections specific to the District are not available, future population
may be imputed from the Association of Bay Area Government’s (ABAG) projections for the
City of Gilroy and the unincorporated area. ABAG projects that the population of Gilroy will
grow by 43 percent between 2010 and 2035. Over that same time period, unincorporated
areas are anticipated to grow by 19 percent. Should each area within SSCVMD experience
growth as projected by ABAG, then the District is anticipated to have overall growth of 39
percent over the 25-year period with a population of 79,973 in 2035.
FFIINNAANNCCIINNGG
Financial Adequacy
SSCVMD reported that the current level of financing is adequate to provide services.
The District’s revenues exceeded expenditures in each of the past five fiscal years (08-12),
as shown in Figure 5-4. Revenues peaked in FY 09 and have slowly declined since. In FY
10, the District’s expenditures peaked as the District purchased additional supplies and
made capital improvements to the hall.
64 Government Code §56033.5.
65 DWR maps and GIS files are derived from the US Census Bureau's American Community Survey (ACS) and are compiled
for the five-year period 2006-2010.
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Figure 5-4: SSCVMD Revenues and Expenditures FYs 08–12
Source: FY 2008 – FY 2012 CPA Financial Transaction Reports
Several discrepancies exist between the District’s annual financial transaction reports
submitted to the State Controller and the annual “profit and loss financial statements”
prepared by the secretary of the Board. It was not possible to compare the specifics of the
revenues and expenses between the two statements, because the annual financial
transaction report lacks the necessary level of detail. Total revenues, expenditures and
fund balances from these two documents do not match for FYs 09-12. Annual “profit and
loss statements” are not available for years prior to 2009. Figure 5-5 compares the two
statements. Of particular note is the significant difference in cash and cash equivalents
reported at the end of each fiscal year in the two documents. At the end of the FY 12, the
profit and loss statement showed a cash balance of $265,584, while the financial
transaction report showed a cash balance of $389,904, which is a significant discrepancy of
$124,320. The District should ensure consistency between its various financial documents
to enhance clarity and transparency, as such a large discrepancy in fund balances certainly
brings into question the District’s ability to function appropriately as a public agency.
Figure 5-5: Comparison of Revenues and Expenditures, FYs 09–12
FY 2009 FY 2010 FY 2011 FY 2012
Annual Annual Annual Annual
Financial Profit and Financial Profit and Financial Profit and Financial Profit and
Transaction Loss Transaction Loss Transaction Loss Transaction Loss
Report Statements Report Statements Report Statements Report Statements
Revenues $142,039 $215,370 $121,773 $222,840 $117,234 $42,388 $118,394 $117,445
Expenditures $77,467 $74,727 $118,414 $108,590 $74,020 $73,444 $77,048 $75,700
Fund Balance
(including $302,397 $140,643 $305,756 $254,894 $348,970 $223,839 $389,904 $265,584
reserves)
Source: Financial Transaction Reports, FYs 09–12, and Annual Profit and Loss Statements, FYs 09–12.
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Revenue Sources
In FY 12, the District received $118,394 in revenue as depicted in Figure 5-6. The
primary source of revenue for the District was property taxes (84 percent). Memorial hall
rentals (events and bingo rentals) comprised 14 percent of revenues, while interest income
and Homeowners Property Tax Relief66 constituted the other two percent of income.
Figure 5-6: SSCVMD Revenue Sources, FY 12
Revenue Category Revenue % of Total Revenue
Property Tax Income $99,665 84%
Interest Income $1,379 1%
Other Income (Event Rentals) $16,687 14%
Homeowners Property Tax Relief $663 1%
Total $118,394 100%
Source: FY 2011-12 Annual Financial Transaction Report prepared by CPA
Of note is the District did not report rental income from the Bar Council in FY 12. The
Bar Council reportedly reimbursed the District for its share of liability insurance for the
memorial hall in that year; however, this was not recorded in the annual financial
transaction reports.
Rates
The rental rates for the memorial hall are depicted in Figure 5-7. It is not known when
the rates were last updated, but records indicate that they have not been modified since at
least 2007. The District has not conducted a rate comparison with other similar rental
facilities in the area to ensure rates are competitive with other locations.
There is a rental rate discount for veterans that are paid members of the American
Legion or Veterans of Foreign Wars. These discounts range from 32 percent for general hall
use to 45 percent for memorial services. In addition to rental fees, the District collects a
$500 refundable damage deposit and security is required at events. Residents and non-
residents are charged the same rental rates.
Figure 5-7: SSCVMD Rates by Category
Category Amount
General Hall Use – Non-Paid Member $1,100
General Hall Use - Paid Member of American $750
Legion or Veterans of Foreign War
Memorial Services – Public $450
Memorial Services - Paid Member of American $250
Legion or Veterans of Foreign War
66 Homeowners Property Tax Relief is revenue distributed from the State to local agencies that existed prior to
Proposition 13 for the tax revenue lost due to homeowner’s exemptions.
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The Veterans of Foreign Wars pays rent for the use of the memorial hall for weekly
bingo. The memorial hall is available at no charge for use by the Veterans of Foreign War,
the American Legion, and the Ladies Auxiliary Veterans of Foreign War.
As previously noted, the Bar Council is independent from the District and consists of
members from the two veterans posts. Revenues from the bar’s operations are shared
between the two groups. The District previously received rental income for the Bar Council
for bar operations. However, the Board decided that since the bar is operated for the
benefit of the Veterans of Foreign War 6309 and the American Legion Post 217, the Bar
Council should no longer pay rent to the District for use of the space. However, there
appears to be a conflict of interest in that some district Board Members are also on the Bar
Council. The District is not receiving rent from the bar’s operations and is covering
insurance and utility costs for the bar, which in essence subsidizes the bar with public
funds. It is recommended that SCCVMD resume receiving rent from the bar, in order to
limit the District’s liabilities with regard to the bar’s activities.
Expenditures
In FY 12, the District expended $77,048. The annual financial transaction report did not
include a breakdown of the type of expenditures. All expenditures were categorized as
services and supplies. Based on the District’s profit and loss statement from that year,
primary expenditures consisted of 31 percent for repairs and maintenance, 18 percent for
janitorial services, 23 percent for utilities, 14 percent for insurance, and seven percent for
landscape maintenance. Other expenditures included professional services, office
expenses, licenses/dues, and security.
Capital Outlays
The District has not developed or adopted a written five-year capital improvement
program. The District appears to record its capital outlays under repairs and maintenance
in its financial statements. Plans for capital improvements are made annually or on an as
needed basis.
Reserves
As of June 30, 2012, the District had total cash and cash equivalent balance of $389,904,
based on the annual financial transaction report, which is equivalent to 506 percent of FY
12 expenditures. The transaction report does not distinguish whether these funds are in
reserves or a roll-over fund balance of the general operating account. The District does not
have a written policy regarding an ideal amount of reserves to be maintained or the use of
reserves. The District has not provided a rationale for maintaining reserves at these levels.
The Memorial District has not adopted any formal written policies and procedures
regarding the purpose, use or the amount of reserves.
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The current level of reserves appears to greatly exceed the needs of SSCVMD, given that
the District does not have any debt, the District’s sole asset (the memorial hall) is
considered to be well maintained with no significant deficiencies, and district revenues
have exceeded expenditures in each of the past five years by an annual average of 68
percent and have been more than adequate to fund the District’s annual operations,
maintenance, and ongoing capital requirements. While the District does plan on
remodeling the kitchen in the hall and bringing the bathrooms into compliance with
Americans with Disabilities Act (ADA) standards, the District’s estimated expenditures for
these capital improvements are approximately one-third the existing cash balance.
Debt
At the end of FY 12, the District did not have any debt.
IINNFFRRAASSTTRRUUCCTTUURREE AANNDD FFAACCIILLIITTIIEESS
The District has only one asset—the memorial hall located at 74 West Sixth Street, on
an 11,761 square feet parcel in Gilroy. This building was constructed in 1951. Building
permit records with the City of Gilroy indicate that the memorial hall is approximately
7,800 square feet. However, the District reported that the hall is approximately 19,000
square feet. The building contains a kitchen, a dining room with a capacity for 54 persons
for dining or 116 persons for assembly, an assembly room or hall with a capacity for 271
persons for assembly or 127 persons for dining, an outside barbeque/patio area at the back
of the property with a gazebo, an office, a bar (with a capacity of 45 persons), and
restrooms.
Within the past five years the District has completed a number of capital projects to
improve the memorial hall and the property on which the memorial hall is located. The
memorial hall was re-plumbed and two water heaters were replaced. A security system
was installed, consisting of 11 security cameras (nine interior and two exterior). Television
monitors and updated technical equipment were added to the assembly hall for memorial
services and bingo. New window blinds, insulation, solar panels, and a roof to the outside
barbeque were also added to the hall. The exterior of the hall was re-landscaped, the
concrete sidewalks replaced, a flagpole base added, and a new sprinkler system installed.
The interior and the exterior of the memorial hall were repainted.
Infrastructure Needs
SSCVMD reported that there are certain other infrastructure improvements that need to
be made to the facility. The most critical need identified by the Board of Directors was a
kitchen remodel. The existing kitchen has not had any major improvements since the
memorial hall was built in 1951. The Board estimated the cost of the kitchen remodel to be
approximately $100,000. Additionally, the bathrooms in the facility are not ADA compliant,
and remodeling will be required to bring the bathrooms into compliance with ADA
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standards. The District reported that it is in the process of creating a plan for the
remodeling of the bathrooms.
The memorial hall building, while reflective of its age, appears to be reasonably well
maintained. No critical deferred maintenance issues were identified.
Shared Facilities
The District shares its facility free of charge or for significantly discounted prices with
the American Legion Post 217, the Veterans of Foreign War Post 6309, and the Gilroy
Chapter of the Ladies' Auxiliary of Veterans of Foreign War Post 6309.
The District does not share facilities with other regional veteran service providers, such
as the United States Department of Veterans Affairs and the Santa Clara County Office of
Veterans Services. There may be opportunities for enhanced collaboration with these
agencies. It is recommended that the District develop and implement plans to enhance the
utilization of the memorial hall by other veterans organizations, including the Mobile
Veterans Center of the United States Department of Veterans Affairs, the Santa Clara
County Office of Veterans Services, and other non-profit veterans organizations
DDEEMMAANNDD FFOORR SSEERRVVIICCEESS
Figure 5-8 indicates the number of rental events held in the memorial hall in addition to
the regularly scheduled meetings and events (i.e., bingo) of the veteran organizations.
Meetings and events held by the veterans groups (in addition to regularly scheduled
standing events) are noted as “member” and other meetings and events are noted as
“public.”
Figure 5-8: Rentals by Type, 2011 & 2012
Type of Event 2011 2012
Full Day Events – Public 5 5
Full Day Events - Member 7 4
Memorial Services - Public 3 5
Memorial Services - Member 8 9
Total 23 23
Over the two-year period, the memorial hall was rented out 46 times. This includes 25
memorial services and 21 full-day events. The hall is also used for standing events, such as
bingo and veteran groups’ meetings. Bingo is played every Friday, except holidays, and is
organized by the Veterans of Foreign War. According to the Board President, an average of
100 people attend bingo each Friday, and the Veterans of Foreign War collects all the
proceeds associated with the event. Bar attendance reportedly varies from three to 15
people daily.
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It appears that the facility is underutilized, particularly on weekends when it is rarely
used. This is likely due to the lack of outreach on the part of the District and the lack of a
web presence where the general public are likely to search for facilities available for rent.
GGOOVVEERRNNAANNCCEE SSTTRRUUCCTTUURREE OOPPTTIIOONNSS
With respect to SSCVMD, four governance structure options were identified for the
District, including 1) continued operations as an independent special district with
significant improvements to governance, transparency, and accountability, 2) merger with
the City of Gilroy, 3) becoming a subsidiary district of the City of Gilroy, and 4) dissolution.
Should LAFCO determine that the District should continue operating as an independent
special district, then certain significant improvements would need to be made in order to
enhance governance, transparency, and accountability. Under this alternative, the District
would continue to operate as an independent special district, but would be required to
make certain defined improvements. The most critical of these improvements would need
to be made immediately to bring the District into compliance with legal requirements. The
other improvements could be made over a period of one year. The most critical
improvements that would require immediate implementation include the following:
Hire a general manager to implement necessary improvements as defined here.
Conduct required ethics training as required by law.
Conduct annual Brown Act training to ensure Board members are aware of legal
requirements.
Hire legal counsel to ensure all legal requirements are met regarding operations,
accountability, and board actions.
Edit and adopt appropriate bylaws based on guidance from legal counsel.
Clearly define in the bylaws how the Board President and Secretary are to be
selected and the term of the appointment. Appoint both a president and a secretary
from among the Board members as required by law.
Eliminate conflicts of interest by precluding District Board Members from holding
governing positions on the Bar Council and the Bingo Committee.
Ensure that board positions are properly filled through the election process or
appointment by the Board of Supervisors with clearly defined term expiration dates
for each board member.
Ensure consistency and clarity of financial documents by conducting a forensic audit
and annual audits thereafter.
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Other improvements that should be made, but implementation may require a longer
period, include the following:
Properly conduct a documentable bidding process for any future capital
improvements through advertisements in printed press, online proposal search
engines and on the District’s website.
Adopt a policy regarding long-term retention of records, such as minutes, agendas,
and resolutions.
Conduct outreach to veterans, as well as residents of the District, regarding the
services offered by the District, in the form of a website, making pamphlets available
at other veteran service locations and veteran related events, and advertising board
positions when member terms are nearing expiration.
Conduct a rate study to ensure that rates are appropriate, given that the District’s
revenues are almost entirely funded through property taxes from residents, and
competitive with other similar service providers. The facility should be made
available to residents and veterans alike at similar rates, given the use of public
funds to run the facility.
While it is recommended that the District conduct long-term planning and develop and
implement plans to enhance utilization of its existing facility as well as other facilities,
these improvements to operations are secondary to ensuring that the District is conducting
business within legal requirements as appropriate for a public agency receiving public
funds. Once the above mentioned improvements have been made, it is recommended that
District focus its efforts on developing and implementing plans to enhance the utilization of
the memorial hall by veterans organizations, including the Mobile Veterans Center of the
United States Veterans Affairs, the Santa Clara County Office of Veterans Services, and other
non-profit veterans organizations, as well as plans to identify and fund facilities at sites
other than the memorial hall for the benefit of veterans and the public.
Continuation of SSCVMD as an independent special district with the outlined
improvements would have the following potential advantages and disadvantages, as
outlined in Figure 5-9, should conditions remain unchanged.
Given the Board of Directors has demonstrated an unwillingness to reform as indicated
by its lack of response to the findings and recommendations contained in the reports
issued by the Grand Jury in 2006 and 2012, other governance options must be addressed.
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Figure 5-9: Advantages and Disadvantages of Continuing as an Independent District
Advantages Disadvantages
Delivery of services by the District The District could potentially revert to
would continue uninterrupted. old practices over time.
Taxpayer contributions would be The Board of Directors may lack the
utilized more effectively for the delivery capacity to effectively implement the
of services. recommendations contained within
these determinations.
The governance structure of the District
would be strengthened.
Financial and budgetary transparency
would be enhanced. The District would
put systems in place to ensure that
residents of the District would be able
to influence and monitor the use of
taxpayer funds.
As there is an identified need for more professional management of the District, it may
be appropriate for another public agency to take on management of the District or
provision of its services, such as a city or the County.
The City of Gilroy, being the only incorporated city within the District, may take on
management and administration of the District through either a merger or formation of a
subsidiary district of the City. A merger is defined as the termination of the existence of a
district when the responsibility for the functions, services, assets, and liabilities of that
district are assumed by a city.67 Government Code §57104 requires that all territory of a
district must be within the City for which merger is proposed. In the case of SSCVMD,
because there is significant territory outside of the City’s boundaries, merger is not a
feasible option.
As a subsidiary district, SSCVMD would continue to exist as a legal entity, but the City
Council is designated as the ex officio board of directors of the District. At least 70 percent
of the territory within the District or 70 percent of registered voters of the District must be
within the City, in order to meet legal requirements of establishing a subsidiary district.68
In the case of SSCVMD, a significant portion of the territory of the District lies outside of the
City; however, 85 percent of the District’s population is within the City and would therefore
likely meet the required standard regarding registered voters to become a subsidiary
district.
The establishment of SSCVMD as a subsidiary district would not change the legal status
of the District as a special district; however, it would exchange the existing elected district
Board of Directors for the City Council as the ex-officio board of directors. The City would
67 Government Code §56056.
68 Government Code §57105.
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assume all assets, functions and governance along with all debts and liabilities of the
subsidiary district. This option may be initiated by the Commission,69 the legislative body
of the district wishing to establish itself as a subsidiary district,70 the legislative body of a
city wishing to establish a subsidiary district,71 or by petition.72
The District would continue to exist under this option, and property tax revenue
presently collected by SSCVMD would be guaranteed to continue to be dedicated to veteran
services in the area. The City would receive the District property tax revenues and would
be required to account for the activities associated with the District’s functions separately
from other city services. This and other potential advantages and disadvantages are
outlined in Figure 5-10 below.
Figure 5-10: Advantages and Disadvantages of Becoming a Subsidiary of the City of Gilroy
Advantages Disadvantages
Service levels will be enhanced as The delivery of could potentially be
services would be offered by a interrupted during the transition
professional full-time staff and elected period.
city council.
Accountability and transparency would
be greatly enhanced given the visibility
of the City.
Long-term planning for the delivery of
services to area residents would be
enhanced.
The District would continue to exist and
funds would continue to be dedicated to
the purpose intended.
The management of service delivery to
the residents of the District would be
enhanced with the substantive
management and supervisory structure
of the City.
It should be noted that the City has not been contacted regarding the potential of taking
on the District as a subsidiary district. Consequently, it is unknown whether the City would
be interested in taking on this responsibility. The City would need to be contacted before
considering or moving forward with this option.
Complete dissolution of SSCVMD and establishment of a successor agency other than
the City of Gilroy is another option. According to Government Code §56035, dissolution
69 Government Code §56375(a)(2)(D).
70 Government Code §56658(a).
71 Government Code §56658(a).
72 Government Code §56866
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means the “dissolution, disincorporation, extinguishment, and termination of the existence
of a district and the cessation of all its corporate powers.” Upon dissolution, LAFCO would
need to identify a successor agency to implement the wind-up of the District, in accordance
with Government Code §57451. In this case, the most appropriate option may be Santa
Clara County, as it has an Office of Veterans Services, which provides services to veterans.
Under this scenario, service responsibilities, assets, and liabilities would be transferred
to a successor agency in a manner that results in fund balances and revenues being
segregated for the purpose of delivery of veterans services in the South Santa Clara
Memorial District service area. As the successor agency, the Santa Clara County Office of
Veterans Services would receive the District’s funds and assets with a term of conditions
being that the funds and assets be used strictly for the uses that may be provided by a
memorial district in a defined fund.
The District, LAFCO, or any “affected local agency”, could initiate dissolution
proceedings. An affected local agency is any local government agency which contains, or
whose sphere of influence contains, any territory that is also within the boundary of the
District.
Adopting this alternative would have the following potential advantages and
disadvantages, should conditions remain unchanged.
Figure 5-11: Advantages and Disadvantages of Dissolution
Advantages Disadvantages
Dissolution would resolve the lack of The delivery of services could
district reform and enable improved potentially be interrupted during the
governance and accountability for transition period.
delivery of services by the County.
Sharing of facilities and collaboration There is no guarantee of continued
with other similar service providers services.
would be enhanced for the delivery of
services to veterans.
Financial and budgetary transparency Property tax could be redistributed,
would be greatly enhanced. unless otherwise negotiated.
The County has not been contacted regarding the potential for taking on the District’s
services and responsibilities. The County would need to be contacted before considering
or moving forward with this option.
LAFCO may desire to offer the opportunity for the District to make the necessary
improvements in governance, transparency and public accountability, prior to considering
these other options. In this case, LAFCO should define a timeline for the improvements to
be made with a deadline for the District to report back to LAFCO. At which time, LAFCO
may determine whether sufficient improvement has been made. If it is determined that the
District has not been able to make the necessary improvements, then LAFCO may wish to
consider formation of a subsidiary district with the City of Gilroy or dissolution of the
District.
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SSOOUUTTHH SSAANNTTAA CCLLAARRAA VVAALLLLEEYY MMEEMMOORRIIAALL DDIISSTTRRIICCTT
SSEERRVVIICCEE RREEVVIIEEWW DDEETTEERRMMIINNAATTIIOONNSS
Growth and Population Projections
South Santa Clara Valley Memorial District (SSCVMD) had a population of
approximately 57,538 in 2010. The City of Gilroy is the only urban population center
in the District with a population of 48,821, according to the 2010 Census.
Should each area within SSCVMD experience growth as projected by ABAG, then the
District is anticipated to have overall growth of 39 percent over the 25-year period
with a population of 79,973 in 2035.
Location and Characteristics of any Disadvantaged
Unincorporated Communities Within or Contiguous to the
Sphere of Influence
There are no disadvantaged unincorporated communities within or adjacent to
SSCVMD, based on mapping information provided by the State of California
Department of Water Resources.
Present and Planned Capacity of Public Facilities and
Adequacy of Public Services, Including Infrastructure Needs
and Deficiencies
The memorial hall has more than sufficient capacity to serve the three veterans
groups that regularly use the memorial hall for meetings. It appears that the facility
is underutilized, particularly on weekends when it is rarely used. This is likely due
to a lack of outreach on the part of the District and the lack of a web presence where
the general public is likely to search for facilities available for rent.
In order to maximize use of the facility and interest in the District’s functions, it is
recommended that the District conduct outreach to veterans, as well as residents of
the District, regarding the services offered by the District, in the form of a website,
making pamphlets available at other veteran service locations and veteran related
events, and advertising board positions when member terms are nearing expiration.
While it is recommended that the District conduct long-term planning and develop
and implement plans to enhance utilization of its existing facility as well as other
facilities, these improvements to operations are secondary to ensuring that the
District is conducting business within legal requirements as appropriate for a public
agency receiving public funds.
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The memorial hall, while reflective of its age, appears to be reasonably maintained.
No critical deferred maintenance issues were identified.
The District reported the need for two improvements to the memorial hall. The most
critical need identified was a kitchen remodel. The existing kitchen has reportedly
not had major improvements for over 60 years. The kitchen remodel is estimated to
cost approximately $100,000. Additionally, the restrooms in the facility are not
compliant with Americans with Disability Act, and require remodeling. The District
reported that it is in the process of creating a plan for the remodeling of the
bathrooms.
Financial Ability of Agency to Provide Services
SSCVMD reported that the current level of financing is adequate to provide services.
The District’s revenues exceeded expenditures in each of the past five fiscal years
(08-12), and the District has been able to maintain significant reserves.
The current level of reserves appears to greatly exceed the needs of SSCVMD, given
that the District does not have any debt, the District’s sole asset (the memorial hall)
is considered to be well maintained with no significant deficiencies, and district
revenues have exceeded expenditures in each of the past five years by an annual
average of 68 percent and have been more than adequate to fund the District’s
annual operations, maintenance, and ongoing capital requirements. The District
should adopt a policy to designate the purpose of the reserve funds.
Several discrepancies exist between the District’s annual financial transaction
reports submitted to the State Controller and the annual “profit and loss financial
statements” prepared by the secretary of the Board. It is recommended that the
District undergo a forensic audit to clarify these discrepancies.
Given the lack of records to substantiate that a five-year audit schedule was
approved by the Board of Supervisors, and certain concerns regarding financial
transparency of the District, it may be prudent for the County to consider an annual
audit requirement for the District.
Several improvements to financial oversight and transparency are recommended: 1)
development and adoption by the Board of a detailed budget before the start of the
fiscal year, 2) filing a copy of that budget with the County Auditor as legally
required, 3) conducting a forensic audit to correct or clarify discrepancies in record
keeping, and 4) annual audits.
The District is not receiving rent from the bar’s operations and is covering insurance
and utility costs for the bar, which in essence subsidizes the bar with public funds.
It is recommended that SCCVMD resume receiving rent from the bar, in order to
limit the District’s liabilities with regard to the bar’s activities.
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Status and Opportunities for Shared Facilities
The Memorial District does not share any facilities with regional veterans service
providers.
Once improvements of immediate importance have been made, it is recommended
that District focus its efforts on developing and implementing plans to enhance the
utilization of the memorial hall by veterans organizations, including the Mobile
Veterans Center of the United States Veterans Affairs, the Santa Clara County Office
of Veterans Services, and other non-profit veterans organizations.
Accountability for Community Services, Including
Governmental Structure and Operational Efficiencies
Several deficiencies to proper governing, accountability and transparency were
identified over the course of this review, including 1) seating board members
without appointment by the Board of Supervisors, 2) not meeting legal
requirements outlined in the District’s principal act, 3) inadequate and possibly
illegal bylaws, 4) numerous Brown Act violations, 5) illegally attempting to remove
a board member, 6) excluding the vote of a board member, 7) failing to use a
bidding process for hiring contractors, 8) failure to file required disclosure forms to
the Fair Political Practices Commission in 2012 and 9) failure to conduct biennial
ethics training.
The District must take immediate action to correct the numerous accountability
deficiencies identified. 1) Hire a general manager to implement necessary
improvements as defined here. 2) Conduct required ethics training as required by
law. 3) Conduct annual Brown Act training to ensure Board members are aware of
legal requirements. 4) Hire legal counsel to ensure all legal requirements are met
regarding operations, accountability, and board actions. 5) Edit and adopt
appropriate bylaws based on guidance from legal counsel. 6) Clearly define in the
bylaws how the Board President and Secretary are to be selected and the term of the
appointment. Appoint both a president and a secretary from among the Board
members as required by law. 7) Eliminate conflicts of interest by precluding District
Board Members from holding governing positions on the Bar Council and the Bingo
Committee. 8) Ensure that board positions are properly filled through the election
process or appointment by the Board of Supervisors with clearly defined term
expiration dates for each board member. 9) Ensure consistency and clarity of
financial documents by conducting a forensic audit and annual audits thereafter.
Other improvements that should be made, but implementation may require a longer
period, include the following: 1) properly conduct a documentable bidding process
for any future capital improvements, 2) conduct outreach to veterans, as well as
residents of the District, regarding the services offered by the District, specifically in
the form of a website, 3) creation of a multi-year capital improvement plan, 4)
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conduct a rate study to ensure that rates are appropriate, and 5) creating a business
plan to provide direction for future service provision.
The District lacks a website where information is made available to the public. To
enhance transparency and outreach to constituents, it is recommended that the
District develop a website and publish on the website the agendas and minutes of
the Board of Directors, the annual financial transaction reports, the annual
operating budget, etc.
There are no formal policies or standardized procedures on the part of the District
nor the Board of Supervisors defining how district board openings are to be
announced, how long the application period should be open, and the manner for
interviews, etc. It is recommended that both the District and the County formalize
the appointment procedure in a set of policies.
Upon appointment by the Board of Supervisors, it is unclear where the
responsibility lies regarding reporting the Board of Supervisor’s decision back to the
Registrar of Voters. There appears to be an opportunity for improvement to this
process, to ensure that all interested parties (the District, the public, the Clerk of the
Board, and the Registrar of Voters) can readily identify the existing governing body
of the District and respective term expiration dates.
With respect to SSCVMD, four governance structure options were identified for the
District, including 1) continued operations as an independent special district with
significant improvements to governance, transparency, and accountability, 2)
merger with the City of Gilroy, 3) becoming a subsidiary district of the City of Gilroy,
and 4) dissolution.
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SSOOUUTTHH SSAANNTTAA CCLLAARRAA VVAALLLLEEYY MMEEMMOORRIIAALL DDIISSTTRRIICCTT
SSPPHHEERREE OOFF IINNFFLLUUEENNCCEE UUPPDDAATTEE
Existing Sphere of Influence Boundary
The sphere of influence of SSCVMD is coterminous with its boundaries.
Recommended Sphere of Influence Boundary
Given that SCCMVD is the only service provider of its kind in the area and that LAFCO is
for the first time comprehensively reporting the identified deficiencies to the District,
LAFCO may desire to offer the opportunity for the District to make the necessary
improvements in governance, transparency and public accountability, prior to considering
other governance structure options. In which case, it is recommended that LAFCO consider
retaining the current coterminous sphere of influence provisionally. The District must
return to LAFCO within an established time period and report on progress made in
implementing the recommended changes. At which time, LAFCO may determine whether
sufficient improvement has been made. If it is determined that the District has not been
able to make the necessary improvements, then LAFCO may wish to consider a zero sphere
of influence in anticipation of formation of a subsidiary district with the City of Gilroy or
dissolution of the District.
Under this scenario, the District would continue to operate as an independent special
district, but would be required to make certain defined improvements. The most critical of
these improvements would need to be made immediately to bring the District into
compliance with legal requirements. The other improvements could be made over a period
of one year. The most critical improvements that would require immediate
implementation, and which the District should report back to LAFCO on within three
months, include the following:
Hire a general manager to implement necessary improvements as defined here.
Conduct required ethics training as required by law.
Conduct annual Brown Act training to ensure Board members are aware of legal
requirements.
Hire legal counsel to ensure all legal requirements are met regarding operations,
accountability, and board actions.
Edit and adopt appropriate bylaws based on guidance from legal counsel.
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Clearly define in the bylaws how the Board President and Secretary are to be
selected and the term of the appointment. Appoint both a president and a secretary
from among the Board members as required by law.
Eliminate conflicts of interest by precluding District Board Members from holding
governing positions on the Bar Council and the Bingo Committee.
Ensure that board positions are properly filled through the election process or
appointment by the Board of Supervisors with clearly defined term expiration dates
for each board member.
Ensure consistency and clarity of financial documents by conducting a forensic audit
and annual audits thereafter.
Other improvements that should be made, but implementation may require a longer
period, perhaps one year, include the following:
Properly conduct a documentable bidding process for any future capital
improvements through advertisements in printed press, online proposal search
engines and on the District’s website.
Adopt a policy regarding long-term retention of records, such as minutes, agendas,
and resolutions.
Conduct outreach to veterans, as well as residents of the District, regarding the
services offered by the District, in the form of a website, making pamphlets available
at other veteran service locations and veteran related events, and advertising board
positions when member terms are nearing expiration.
Conduct a rate study to ensure that rates are appropriate, given that the District’s
revenues are almost entirely funded through property taxes from residents, and
competitive with other similar service providers. The facility should be made
available to residents and veterans alike at similar rates, given the use of public
funds to run the facility.
Should the District be unable to substantially implement these improvements within in
the defined time frame, it is recommended that the Commission consider one of the other
governance structure options.
Proposed Sphere of Influence Determinations
The nature, location, extent, functions, and classes of services provided
The Memorial District owns, operates, and maintains a memorial hall for the use of
veterans and other members of the public. Three veterans groups use the memorial
hall for meetings. A number of different types of meetings and events are held at
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the memorial hall by these groups as well as the public. Meetings and events range
from funeral and memorial services for veterans to community events such as a
Memorial Day barbecue and a Veterans Day breakfast. These events are hosted by
individuals or one of the veterans organizations. The memorial hall includes a bar,
which is operated and managed by the Bar Council—a separate body from SSCVMD.
Members of the groups that make use of the District’s facility reside both within and
outside the District’s bounds. Non-residents come from the neighboring
unincorporated area of San Martin, the City of Morgan Hill, and City of San Jose, but
can also come from as far as outside the State.
Present and planned land uses in the area, including agricultural and open-space lands
The District encompasses the City of Gilroy and the adjacent unincorporated County
areas, which extend to the County boundary to the south, east, and west. The City of
Gilroy is a largely residential and agricultural community. The unincorporated
County areas are largely ranchlands, hillsides, regional parkland, and agricultural
areas. However, smaller areas consisting of open space reserves also exist adjacent
to Gilroy.
Present and probable need for public facilities and services in the area
While the District’s facility appears to be underutilized, there is an apparent demand
for the services offered by the members of the three veterans groups that make
regular use of the facility.
Although growth is anticipated in the area, population growth is not anticipated to
greatly impact demand for the District’s services, as the level of demand hinges
more on the population of veterans in the area and the District’s outreach efforts to
inform the public of available services.
Present capacity of public facilities and adequacy of public services that the agency
provides or is authorized to provide
The memorial hall has more than sufficient capacity to serve the three veterans
groups that regularly use the memorial hall for meetings. It appears that the facility
is underutilized, particularly on weekends when it is rarely used. This is likely due
to a lack of outreach on the part of the District and the lack of a web presence where
the general public is likely to search for facilities available for rent.
In order to maximize use of the facility and interest in the District’s functions, it is
recommended that the District conduct outreach to veterans, as well as residents of
the District, regarding the services offered by the District, in the form of a website,
making pamphlets available at other veteran service locations and veteran related
events, and advertising board positions when member terms are nearing expiration.
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While it is recommended that the District conduct long-term planning and develop
and implement plans to enhance utilization of its existing facility as well as other
facilities, these improvements to operations are secondary to ensuring that the
District is conducting business within legal requirements as appropriate for a public
agency receiving public funds.
The District is severely lacking in accountability and transparency, and requires
significant improvements, as outlined in the service review determinations, to begin
operating appropriately as a public agency.
Existence of any social or economic communities of interest in the area if the Commission
determines that they are relevant to the agency
The three veterans groups that make use of the District’s facility are considered
social communities of interest to SCCVMD.
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6. SA N TA C L A R A VA L L EY
TRANSP ORTATION AU THORITY
AAGGEENNCCYY OOVVEERRVVIIEEWW
In 1969, Santa Clara County had three private bus companies, all of which were in
serious financial trouble: Peninsula Transit, San Jose City Lines, and Peerless Stages. The
California Legislature passed the Santa Clara County Transit District Act in 1969. However,
the Act did not supply funding for the new district, and county voters were reluctant to tax
themselves to fund a public bus system. The formation of the Santa Clara County Transit
District (SCCTD) was rejected in 1969 and 1970, before it was finally approved by county
voters on June 6, 1972. SCCTD took over the operations of the three bus companies on
January 1, 1973. On January 1, 1995, the SCCTD merged with the County Congestion
Management Agency to become the Santa Clara Valley Transportation Authority (SCVTA or
VTA). A service review for VTA was last conducted in 2007.
The principal act that governs SCVTA is the Santa Clara Valley Transportation Authority
Act.73 The principal act empowers SCVTA to 1) provide transit service for the
transportation of passengers and their incidental baggage by any means,74 2) provide
facilities, including streets and highways, for the movement of vehicles, bicycles, and
pedestrians,75 and 3) operate charter bus service with limitations.76 The principal act also
defines the powers and duties of SCVTA regarding its infrastructure and cooperation with
other local governments.77
There are fifty-five transit districts in California. The Santa Clara Valley Transportation
78
Authority is the only district of its type in Santa Clara County.
Boundaries
The boundary of SCVTA is countywide and encompasses 1,304 square miles.
73 California Public Utilities Code §10000-100619.
74 California Public Utilities Code §100160.
75 California Public Utilities Code §100160.1.
76 California Public Utilities Code §100160.5.
77 California Public Utilities Code §100160.2, 100161-100165.
78 California State Controller Special Districts Annual Report Fiscal Year 2009 – 2010
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Sphere of Influence
During the most recent SOI update in 2007, LAFCO reaffirmed the District’s existing
coterminous SOI.
Type and Extent of Services
Services Provided
SCVTA provides bus and light rail services, regional commuter and inter-city rail
service, ADA paratransit service, congestion management, specific highway improvements
and other transportation projects, and countywide transportation planning and funding.
VTA initially provided exclusively countywide bus service, but later developed a light
rail system that initiated service in 1987. The District further expanded in 1995 having
been designated as the region’s Congestion Management Agency, with responsibility for
reducing congestion and improving air quality in the County. As the Congestion
Management Agency for Santa Clara County the District periodically updates the
Countywide Long Range Transportation Plan. VTA is responsible for planning, project
development, highway development, fund programming, congestion management, and
joint development functions.
SCVTA is also responsible for the engineering design and implementation of
construction projects that are part of the District’s rail, facilities, and highway
transportation improvement programs. This includes managing the preparation of
construction plans and specifications, administering construction contracts, and
coordinating project hand over and acceptance.
In addition, SCVTA manages the engineering, design, and construction of the Bay Area
Rapid Transit (BART) project in Santa Clara County, which includes conducting planning
for the project, acting as a liaison between design and construction activities and the local
communities, pursuing funding, community outreach and stakeholder involvement, and
administering the right-of-way and environmental activities for project implementation.
Service Area
VTA operates an extensive network of transit infrastructure throughout Santa Clara
County covering the 346 square mile service area with approximately 1,236 miles of bus
routes and 42 miles of light rail system.
SCVTA serves the major core City of San Jose (where the District is based and
headquartered), with service to all other cities in the County. Only Campbell, Milpitas,
Mountain View, San Jose, Santa Clara and Sunnyvale are served by light rail. Local bus
route services are also provided in the urbanized unincorporated areas of the County.
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SCVTA provides some services outside of its bounds to enhance connectivity to other
areas. Express bus service is provided from areas within Santa Clara County to the nearby
City of Fremont (Alameda County) where customers can transfer to or from the BART
system. The District partners with Highway 17 Express to provide service from San Jose to
the City of Santa Cruz in Santa Cruz County, and collaborates with Dumbarton Express to
provide trans-bay service between Union City (Alameda County) and Stanford University,
and with Monterey Salina Transit for service between Monterey and San Jose.
Service to Other Agencies
SCVTA provides services to other entities through Jointly Funded Cooperatives. The San
Jose International Airport receives flyer bus service from VTA, acting in collaboration with
the City of San Jose. Similarly, SCVTA in partnership with San Jose State University,
provides the San Jose downtown area shuttle to city residents and visitors.
In addition, VTA contracts with various employers in the County to operate a
complimentary shuttle for their employees from several light rail stations to various
employment centers. SCVTA provides an IBM light rail shuttle which connects various IBM
facilities with the Santa Teresa light rail as well as the Blossom Hill Caltrain stations. SCVTA
has a contract with Outreach, a nonprofit agency, to provide required paratransit
services—a door-to-door service available to disabled people who meet the requirements
of the 1990 Americans with Disabilities Act.
Contracts for Services
The District contracts with the Santa Clara County Sherriff for law enforcement
services.
Collaboration
SCVTA collaborates with other public agencies in Santa Clara County for the delivery of
regional transportation services, including the Congestion Management Program and the
development of the Valley Transportation Plan 2035.
VTA has been designated as the County’s Congestion Management Agency, with
responsibility for developing and updating the Congestion Management Program, and
monitoring its progress over time. There are 17 member agencies in the County: VTA, 15
cities within Santa Clara County and the County of Santa Clara. The purpose of the
Congestion Management Program is to develop a comprehensive transportation
improvement program among local jurisdictions that will reduce traffic congestion and
improve land use decision-making and air quality.
The District has also developed the Valley Transportation Plan 2035, which is a long-
term vision for transportation in the County as a whole. The Valley Transportation Plan
2035 identifies capital projects with anticipated funds, and lays out a framework for the
development and maintenance of the County’s transportation system over the next 25
years.
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SCVTA partners with a number of transit agencies in the region:
The Altamont Commuter Express service, administered and funded under a
cooperative agreement between SCVTA, the Alameda County Congestion
Management Agency, and the San Joaquin Regional Rail Commission, is a rail service
that provides three peak hour round trips each weekday. The rail line includes stops
located in Stockton, Lathrop, Tracy, Livermore, Pleasanton, Fremont, Great America,
and San Jose Diridon Station.
Caltrain service, administered and funded under a cooperative agreement of the
Peninsula Corridor Joint Powers Board, which is composed of VTA, the San Mateo
County Transit District, and the City and County of San Francisco, operates 86 trains,
including 22 Baby Bullet Express trains, which run between San Jose Diridon Station
and San Francisco each weekday.
The Capitol Corridor Intercity Rail Service, which SCVTA administers through a JPA
with 16 other agencies, operates 33 weekday trains between Oakland and
Sacramento, with14 continuing to San Jose.
The Dumbarton Express, administered and funded under an agreement between
VTA, Alameda County Transit, the Bay Area Rapid Transit District, Union City
Transit, and SamTrans, operates a trans-bay route running between the Union City
Bart Station and Stanford Research Park in Palo Alto.
The Highway 17 Express, administered and funded under a cooperative agreement
between VTA, the Santa Cruz Metropolitan Transit District (Santa Cruz Metro), the
Capitol Corridor JPA and Caltrans, operates between Santa Cruz and downtown San
Jose as an inter-county bus service.
The San Jose-Monterey Express, administered and funded under a cooperative
agreement between the Monterey/Salinas Transit, the Capitol Corridor Joint Powers
Authority and SCVTA, operates the route that runs a morning, midday and late
afternoon round trip daily between Monterey and San Jose with additional stops in
Edgewater, Prunedale, Gilroy and Morgan Hill.
Overlapping and Neighboring Service Providers
Services are not duplicated as VTA partners with multiple transit service providers,
whose services are not identical but complementary to the ones provided by the District.
SPECIAL DISTRICTS SERVICE REVIEW 148
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February 2013
SANTA CLARA VALLEY TRANSPORTATION AUTHORITY
AACCCCOOUUNNTTAABBIILLIITTYY AANNDD GGOOVVEERRNNAANNCCEE
SCVTA is governed by an eighteen-member Board of Directors with 12 voting and six
alternate members. Directors include two members of the County Board of Supervisors,
five City Council members from the City of San Jose, and five City Council members selected
from among the remaining incorporated cities in the County. Each member serves a two-
year term. The members of the Board can be reappointed by their respective jurisdiction
depending on the Board’s rotation schedule. There is no limit to how many terms a director
may serve. The current member names, positions, and term expiration dates are show in
Figure 6-2.
Figure 6-2: SCVTA Governing Body
Santa Clara Valley Transportation Authority
District Contact Information
Contact: Patrick Griffin, Managerof Public Affairs and Customer Information
Address: 3331 N. First Street, San Jose, CA 95134-1906
Telephone: 408-321-7506
Email: patrick.griffin@vta.org
Website: http://www.vta.org/index.html
Board of Directors
Began Manner of Length
Member Name Position Term Expires
Serving Selection of Term
Joe Pirzynski Chairperson, Group 3 2001 December 2014 Appointed 2 years
Vice Chairperson,
Ash Kalra 2009 December 2016 Appointed 2 years
Group 1
Xavier Campos Group 1 2011 December 2014 Appointed 2 years
Rose Herrera Group 1 2009 December 2016 Appointed 2 years
Sam Liccardo Group 1 2007 December 2014 Appointed 2 years
Donald Rocha Group 1 2013 January 2015 Appointed 2 years
Johnny Khamis Alternate, Group 1 2013 January 2015 Appointed 2 years
Margaret Abe-Koga Group 2 2007 January 2015 Appointed 2 years
Gall A. Price Alternate, Group 2 2010 December 2014 Appointed 2 years
Evan Low Alternate, Group 3 2007 December 2014 Appointed 2 years
Perry Woodward Group 4 2007 November 2012 Appointed 2 years
Larry Carr Alternate, Group 4 2006 November 2014 Appointed 2 years
Jose Esteves Group 5 1997 November 2014 Appointed 2 years
Jamie Matthews Group 5 2005 November 2014 Appointed 2 years
David Whittum Alternate, Group 5 2008 December 2015 Appointed 2 years
Ken Yeager Group 6 2001 June 2014 Appointed 2 years
George Shirakawa Alternate, Group 6 2000 November 2016 Appointed 2 years
Dave Cortese Group 6 2001 November 2016 Appointed 2 years
Meetings
Date/Time: 1st Thursday of each month at 5:30pm.
Location: Santa Clara Board of Supervisors’ Chambers 70 West Hedding St., San Jose.
Agenda
Posted online and at VTA’s River Oaks and Downtown Customer Service Center.
Distribution:
Minutes
Posted online and at VTA’s River Oaks and Downtown Customer Service Center.
Distribution:
SPECIAL DISTRICTS SERVICE REVIEW 150
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The Board of Directors meets on the first Thursday of each month at 5:30 in the
afternoon at the Santa Clara County Board of Supervisors’ Chambers located at 70 West
Hedding Street in San Jose. Directors receive a $100 stipend per day, not to exceed $500
per month, for attending board meetings, standing committee meetings, or ad-hoc
meetings. The District conducts expense reimbursements according to its administrative
code. Government Code §53235 requires that if a district provides compensation or
reimbursement of expenses to its board members, the board members must receive two
hours of training in ethics at least once every two years and the district must establish a
written policy on reimbursements. All members of the Board of Directors have completed
their biennial ethics training.
The Board of Directors’ meeting agendas and minutes are posted VTA’s River Oaks and
Downtown Customer Service Center locations, and on the VTA website. Agendas are posted
72 hours prior to every Board meeting. The District conducts constituent outreach in
addition to legally required agenda posting via its website. SCVTA’s website contains
information on the District’s services, bus and train fares, transit schedule, Board of
Directors, Board of Directors’ meeting agendas and minutes, meeting schedule, audio
recordings of the prior meetings, financial information, and short- and long-range planning
documents.
The Board of Directors has developed and adopted administrative code that provides a
framework and direction for district governance.
Government Code §87203 requires persons who hold office to disclose their
investments, interests in real property and incomes by filing appropriate forms with the
Fair Political Practices Commission each year. SCVTA directors filed the required Form 700
Statement of Economic Interest forms in 2012.
MMAANNAAGGEEMMEENNTT AANNDD SSTTAAFFFFIINNGG
As shown in Figure 6-3, SCVTA has a total of 2,092 full-time staff. The District’s general
manager, who reports to the Board of Directors, is responsible for the day-to-day
operations of the District.
Figure 6-3: Staffing Levels by Organizational Unit, FY 13
Organizational Unit FY 12 Budgeted FTE
Office of the General Manager 13
Office of the General Counsel 10
Administrative Services 110
Congestion Management 61
Engineering and Construction 100
External Affairs 59
Fiscal Resources 99
Operations 1.608
Silicon Valley Rapid Transit Program 7
TOTAL 2,092
Source: FY 2013 Biennial Budget
SPECIAL DISTRICTS SERVICE REVIEW 151
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SCVTA has retained a certified public accountant to audit the District’s Comprehensive
Annual Financial Report and prepare the annual financial transaction reports, which are
required by the State Controller under Government Code Section §53891.
SCVTA has adopted a mission statement, goals, objectives, and performance measures.
Other documents that the District uses to guide efforts and services include the annually
adopted budget. The District has adopted a budget for FY 13, which is available on its
website.
Government Code §53901 states that within 60 days after the beginning of the fiscal
year each local agency must submit its budget to the county auditor. These budgets are to
be filed and made available on request by the public at the county auditor’s office. The
County has reported that in recent years, it has not been the practice for special districts to
file their budgets with the County. However, SCVTA has appropriately submitted its budget
for the most recent fiscal year.
Special districts must submit a report to the State Controller of all financial transactions
of the district during the preceding fiscal year within 90 days after the close of each fiscal
year, in the form required by the State Controller, pursuant to Government Code §53891. If
filed in electronic format, the report must be submitted within 110 days after the end of the
fiscal year. The District has complied with this requirement.
All special districts are required to submit annual audits to the County within 12
months of the completion of the fiscal year, unless the Board of Supervisors has approved a
biennial or five-year schedule.79 In the case of SCVTA, the District must submit audits
annually. SCVTA submitted its audit to the County for FY 12 in November 2012.
PPOOPPUULLAATTIIOONN AANNDD PPRROOJJEECCTTEEDD GGRROOWWTTHH
Land Uses
The District encompasses the entire County. The County of Santa Clara contains a wide
range of land uses, including all types of urban uses to large areas of hillside, open space,
and agricultural uses. Numerous unincorporated pocket areas exist that are developed with
urban uses. Development within the cities ranges from fully developed urban areas to
expansive hillside, open space, and agricultural lands.
Current Population
Based on 2010 Census data, the District’s population as of 2010 was 1,781,642.
79 Government Code §26909.
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Disadvantaged Unincorporated Communities
LAFCO is required to evaluate disadvantaged unincorporated communities as part of
this service review, including the location and characteristics of any such communities. A
disadvantaged unincorporated community is defined as any area with 12 or more
registered voters, or as determined by commission policy, where the median household
income is less than 80 percent of the statewide annual median.80
The California Department of Water Resources (DWR) has developed a mapping tool to
assist in determining which communities meet the disadvantaged communities median
household income definition. DWR is not bound by the same law as LAFCO to define
communities with a minimum threshold of 12 or more registered voters. However, the
DWR data can be used for the purposes of this report as an indicator of any larger
communities that may meet the income definition of disadvantaged. Based on mapping
information from DWR, there are no disadvantaged unincorporated communities within or
adjacent to SCVTA.81
Projected Growth
Moderate population growth is anticipated within the District’s bounds based on the
Association of Bay Area Government’s (ABAG) projections for Santa Clara County. ABAG
projects that the County will experience 36 percent growth over the 25-year period from
2010 to 2035, or 1.5 percent average annual growth.82 By 2035, the population of SCVTA is
expected to reach 2,431,400.
FFIINNAANNCCIINNGG
Financial Adequacy
VTA reported that the current level of financing was adequate to deliver services. As
shown in Figure 6-4, in each of the past five fiscal years revenues exceeded expenditures.
The District’s expenses slightly went up over time, generally due to the increase in its
subsidy to Caltrain and increased capital expenditures on behalf of/in contribution to other
agencies. Revenues, on the other hand, experienced a decline in FYs 09 and 10, then went
80 Government Code §56033.5.
81 DWR maps and GIS files are derived from the US Census Bureau's American Community Survey (ACS) and are compiled
for the five-year period 2006-2010.
82 ABAG, Projections 2009, 2009.
SPECIAL DISTRICTS SERVICE REVIEW 153
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back up over the next two years. The reduction in revenue was mostly due to less grant
revenue and decreased sales tax83 income during the economic recession.
Figure 6-4: SCVTA Revenues and Expenditures, FYs 08-12 (In thousands)
$800,000
$700,000
$600,000
$500,000
$400,000
$300,000
$200,000
$100,000
$-
FY 2008 FY 2009 FY 2010 FY 2011 FY 2012
Revenues Expenditures
Source: Comprehensive Annual Financial Reports for FY 2008 through FY 2012 (includes business-type
activities and governmental activities)
Revenue Sources
In FY 12, the District received $696 million in revenue as depicted in Figure 6-5. The
VTA’s revenue in its financial statements is separated into program revenue (46 percent),
which includes charges for services, operating grants and capital grants, and general
revenue (54 percent) that consists of sales tax revenue, investment income, a federal
subsidy for Build America Bonds, and other income. The most significant sources of
revenue were grants and sales tax income.
83 In November 2000, the voters in Santa Clara County approved Measure A, a 30-year countywide ½-cent sales tax
devoted to specified public transit capital improvement projects and operations.
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Figure 6-5: SCVTA Revenues ,FY 1284
Type of Revenue Amount of Revenue % of Total
Charges for Service $42,573,000 6.1%
Operating Grants $142,529,000 20.5%
Capital Grants $137,114,000 19.7%
Sales Tax Revenue $332,847,000 47.8%
Investment Income $19,320,000 2.8%
Federal Subsidy for Build America
Bonds $9,399,000 1.4%
Other Income $12,411,000 1.8%
TOTAL $696,193,000 100.0%
Source: Comprehensive Annual Financial Report, FY 12, p. 2-8.
Rates
Charges for services, derived from bus fare box receipts, light rail ticket sales, the sale of
monthly passes (including Eco Pass and tokens) and advertisement income, were $40.1
million in FY 12, $56 thousand or 0.1 percent higher compared to FY 11. The slight increase
in revenue from charges was due to the implementation of the Express Lane in FY 12 and
was partially offset by lower shuttle revenues collected in FY 12. In March 2012, VTA
partnered with Caltrans to convert carpool lanes at the SR 237/I 880 interchange in
Milpitas to express lanes, and VTA started collecting toll revenues from solo drivers who
wished to use the express lanes. As of June 30, 2012, toll revenues collected from the
express lanes amounted to approximately $218 thousand.
Figure 6-6 shows the current fare structure for both, buses and light rail. The SCVTA’s
fare policy requires that a fare analysis be conducted on a biennial basis. The latest fare
increase took place in October 2009.
Figure 6-6: SCVTA Fares, 2009- 2013
Fare Category Fare
Adult (18-64):
Single Ride $2.00
Day Pass $6.00
8-Hour Light Rail Pass $4.00
Community Bus Single Ride $1.25
Monthly Pass $70.00
Annual Pass Subscription $770.00
Express Single Ride $4.00
Express Day Pass $12.00
Express Monthly Pass $140.00
Youth (5-17):
Single Ride $1.75
Day Pass $5.00
84 Program revenue and general revenue sources include business-type activities and governmental activities.
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Fare Category Fare
8-Hour Light Rail Pass $3.50
Community Bus Single Ride $0.75
Monthly Pass $45.00
Annual Pass Subscription $495.00
Senior / Disabled / Medicare:
Single Ride $1.00
Day Pass $2.50
8-Hour Light Rail Pass $2.00
Community Bus Single Ride $0.50
Monthly Pass $25.00
Annual Pass Subscription $275.00
Source: VTA Fares on VTA Website
Expenditures
In FY 12, the District’s total expenditures amounted to $371.4 million, as depicted in
Figure 6-7. A majority was spent on operations, support and the Congestion Management
(CMP) Program (69.5 percent). Other significant expenses were the Caltrain subsidy and
capital expenditures on behalf of Caltrain, and contributions to other agencies (17 percent).
Figure 6-7: SCVTA Expenditures FY 201285
Type of Expenditure Amount % of Total
Operations, support services, $371,415,000
and CMP Program 69.5%
Caltrain subsidy and capital $90,290,000
expenditures on behalf of it,
and contributions to other
agencies 16.9%
Altamont Commuter Express $2,707,000
subsidy 0.5%
Interest Expense $31,307,000 5.9%
Other Non-Operating $8,059,000
expenses 1.5%
Claims and change in future $11,419,000
claim estimates 2.1%
Contribution to agencies $37,000 0.0%
Capital outlay on behalf of $19,052,000
other agencies 3.6%
TOTAL $534,286,000 100.0%
Source: FY 2012 Comprehensive Annual Financial Report, p. 2-8.
85 Expenditures include business-type activities and governmental activities.
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Capital Outlays
The District has a formal ten-year capital improvement program for FY 10 through FY
19, included in the Short Range Transit Plan. The VTA’s capital improvement plan is
divided into two programs—core program and Measure A program. The core program
focuses on VTA’s current transit network and ensures adequate investment and
enhancements in its existing infrastructure. The core program also contains the Light Rail
System Enhancements area which includes various light rail enhancement projects that are
not part of the Measure A program. The Measure A program includes projects financed by
the 30-year countywide ½-cent sales tax passed by Santa Clara County voters in November
2006. The District planned to spend $1,909,648,000 on capital improvements in FYs 12 and
13.
Reserves
SCVTA adopted a policy establishing an operating reserve goal of 15 percent of the
subsequent year’s final operating budget in the Transit Enterprise Fund. Operating reserve
at the end of FY 12 met the target and amounted to $56,268,000, which was 15 percent of
the 2013 operating budget. The reserve funds are maintained to meet emergency needs
that cannot be funded from any other source. The purpose of this reserve is to ensure that
sufficient funds are always available in the event of either unanticipated revenue shortfalls
or unavoidable expenditure needs.
In 2011, SCVTA also set up a reserve fund for Other Post-Employment Benefit (OPEB)
Liability Reduction and Sales Tax Stabilization. The OPEB Liability Reduction Reserve is
designed to enhance the District’s fiduciary governance practices and to reduce the levels
of unfunded OPEB obligations. As of June 30, 2012, VTA had allocated $20.6 million to the
OPEB liability reduction reserve.
In addition, VTA established a Transit Sales Tax Stabilization Fund to mitigate the
impact of sales tax receipt volatility on service levels and the District’s Transit Fund
operating budget. Sales tax based revenues for VTA’s Transit Fund include the 1976 half-
cent local sales tax, a quarter-cent state sales tax (from Transportation Development Act or
TDA), and the 2000 Measure A Sales Tax-Operating Assistance, which is derived from 18.5
percent of Measure A half-cent sales tax revenues. The VTA Transit Sales Tax Stabilization
Fund is distinguished from the 15 percent operating reserve in that the operating reserve
is designed to ensure that sufficient funds are available in the event of either unavoidable
expenditure needs or unanticipated revenue shortfalls from sources other than sales tax
based revenues. As of June 30, 2012, the VTA Transit Sales Tax Stabilization Fund had a
reserve balance of $35 million.
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Debt
SCVTA issues long-term debt to accelerate the delivery of projects, spread cost over the
useful life of an asset, smooth out annual cash flow, optimize overall financial resources,
finance unfunded actuarial liabilities, and refund existing debt.
As shown in Figure 6-8, at the end of FY 12, VTA had $1.2 billion in outstanding bonds.
In FY 12, VTA issued $47.5 million in Sales Tax Revenues Bonds to refund the 1998 Series A
and 2000 Series A Junior Lien bonds in October 2011. The total debt payment made for FY
12 was approximately $74.4 million, which included the amount due in FY 12 and the
refunded debts. Interest rates on all outstanding fixed-rate obligations range from three
percent to five percent. Interest on the variable rate debt is reset weekly based upon
market conditions.
Figure 6-8: SCVTA Long-Term Debt
Liability Amount
Secured by VTA’s 1976 1/2 cent Sales Tax
2007 Series A Refunding $19,541,000
2008 Series A-C Refunding $147,959,000
2011 Series A Refunding $51,899,000
Secured by VTA’s 2000 Measure A 1/2 cent Sales Tax
2007 Series A Measure A Refunding $122,289,000
2008 Series A-D Measure A Refunding $240,524,000
2010 Series A-B Measure A $666,292,000
Total long-term debt $1,248,504,000
Less current portion of long-term debt ($13,025)
Long-term debt, excluding current portion $1,235,479
Source: Comprehensive Annual Financial Report, FY 12
IINNFFRRAASSTTRRUUCCTTUURREE AANNDD FFAACCIILLIITTIIEESS
VTA operates 71 bus routes that cover approximately 1,236 miles. Of these 71 bus
routes, 53 are local routes and 18 are express (long-distance commute-oriented lines) and
limited (long routes operating through major corridors, generally on arterials and
expressways) routes. The District has approximately 3,777 bus stops, 800 shelters, and 10
park and ride lots along these routes. SCVTA owns and operates a fleet of 426 buses.
SCVTA operates three light rail transit lines that cover 42 miles, connecting Mountain
View, Sunnyvale, Santa Clara, San Jose, Milpitas, and Campbell. There are a total of 62 light
rail stations and 21 park and ride lots for light rail passengers. SCVTA owns and operates a
fleet of 99 light rail vehicles.
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SCVTA also operates and maintains four restored trolleys. The cars run on light rail
tracks, serving a 4.1-mile route through downtown San Jose during the holiday season.
SCVTA owns and operates a number of facilities, including the River Oaks campus, three
bus service yards, and a light rail service yard.
The River Oaks campus at 3331 North First Street in San Jose accommodates the
administrative functions of the District. The 17.5-acre property contains a 215,000-square
feet office building. River Oaks was purchased in 1991 and opened for business in 1992.
One of the VTA’S bus service yards, located at 3990 Zanker Road in San Jose, occupies
123.2 acres, and includes 116,252 square feet of office space and shops. The Cerone Bus
Service Yard serves as the primary base for operations, fueling, servicing, detailing, running
repairs, and preventive maintenance for up to 180 buses. The operations and maintenance
facility provides centralized major maintenance for the entire bus fleet, which includes
paint and body repair, fare box repair, and engine overhaul to name a few.
The Don Pedro Chaboya Bus Service Yard located at 2240 South Seventh Street in San
Jose occupies 32.8 acres and includes 57,400 square feet of office space and shops. The Don
Pedro Chaboya Bus Service Yard has the capacity to maintain up to 210 buses. The yard
includes a maintenance shop, fueling facility, two bus washers, transit operations, bus
operator training, and a training and maintenance building.
The North Bus Service Yard located at 2240 La Avenida Street in Mountain View,
occupies 16.9 acres and includes 24,229 square feet of office space and shops. The North
Bus Service Yard serves as the base for operations, fueling, servicing, detailing, running
repair, and preventive maintenance for up to 150 buses.
The light rail vehicles are stored and maintained the Guadalupe Light Rail Service Yard
located at 101 West Younger Street in San Jose. Located on 17.5 acres, the yard includes
144,891 square feet of office space and shops. The Guadalupe Light Rail Service Yard
performs all operations and maintenance functions associated with light rail vehicles,
including major vehicle overhaul, historic trolley maintenance, and light rail operator and
maintenance training. The service yard houses the Way, Power and Signal department
which is responsible for preventive maintenance and repair of wayside facilities including
substations and overhead contract systems, light rail signals, tracks, stations, and park and
ride lots. The yard also contains VTA’s Operations and Control Center. The Center is
responsible for communications with all SCVTA’s revenue vehicles.
Infrastructure Needs
The FY12-FY13 biennial budget adopted by SCVTA created 32 new capital projects and
augmented 24 existing projects, which fall into one of the categories—bus and light rail
vehicle replacement and overhaul, operating facilities upgrades, improvements, and
rehabilitation, light rail way, power and signal improvements and replacements, transit
passenger facility upgrades, information systems and technology, Measure A programs, and
SPECIAL DISTRICTS SERVICE REVIEW 159
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highway improvements. The projects planned for FYs 12 and 13 amounted to
$1,909,648,000.
As previously mentioned in the Financing Section of this report, the District has planned
projects through 2019. As part of the core capital program, VTA has prioritized a number of
rehabilitation and replacement projects to keep the bus and light rail system in a state of
good repair. Clean fuel, safety and security, and passenger facility improvements will also
contribute to improving the overall level of transit service in Santa Clara County. The
Measure A program includes 14 planned projects:
Extend BART from Fremont through Milpitas to Downtown San Jose and the Santa
Clara Caltrain Station;
Provide Connections from San Jose International Airport to BART, Caltrain and the
VTA Light Rail;
Extend Light Rail from Downtown San Jose to the East Valley;
Purchase Low Floor Light Rail Vehicles;
Improve Caltrain: Double Track to Gilroy and Electrify from Tamien to San
Francisco;
Increase Caltrain Service;
Construct a New Palo Alto Intermodal Transit Center;
Improve Bus Service in Major Bus Corridors;
Upgrade Altamont Commuter Express (ACE);
Improve Highway 17 Express Bus Service;
Connect Caltrain with Dumbarton Rail Corridor;
Purchase Zero Emission Buses and Construct Service Facilities;
Develop New Light Rail Corridors; and
Fund Operating and Maintenance Costs for Increased Bus, Rail and Paratransit
Service.
Shared Facilities
SCVTA shares its infrastructure and facilities with the San Mateo County Transit
District, SamTrans, Santa Cruz Metropolitan Transit District, and Monterey/Salinas Transit,
to name a few.
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SANTA CLARA VALLEY TRANSPORTATION AUTHORITY
Other opportunities to share facilities with other public agencies were not identified
given the specialized nature of the services delivered by SCVTA and the security
requirements.
DDEEMMAANNDD FFOORR SSEERRVVIICCEESS
SCVTA offers bus service seven days per week, from approximately 5:00 a.m. to 1:00
a.m. The total bus ridership in FY 12 was 32 million passengers. The light rail transit
service is offered seven days a week, from 5:00 a.m. to 1:00 a.m. Light rail ridership in FY
2012 was 10 million passengers.
SCVTA has established a minimum standard of 15 boardings per hour for its bus
service. The 2013 Annual Transit Plan prepared by the District reports that an average of
27.4 boardings per hour for core bus routes, 24.1 boardings for local weekday bus routes,
and 15.5 boardings for community bus routes occurred in 2011. All of the bus routes met
the performance standards.
SCVTA also established a minimum standard of 77.8 boardings per hour for light rail
service for weekdays, 66.8 boardings per hour for Saturdays, and 44 boardings per hour for
Sundays. The 2012 Annual Transit Plan states that in 2011 two out of three light rail lines
exceeded the standard for weekdays, one out of three lines exceeded the standard for
Saturdays, and two out of three lines exceeded the standard for Sundays.
As shown in Figure 6-9, the total bus and light rail ridership peaked in 2009 and went
back down in 2010 and 2011. Overall, however, from FY 07 to FY 11, the ridership
increased by 1.4 percent.
Figure 6-9: Bus and Light Rail Ridership (in 1,000’s), FYs 07-11
Type of Transit
FY 2007 FY 2008 FY 2009 FY 2010 FY 2011
Service
Bus Ridership 30,810 33,104 34,509 31,983 31,395
Light Rail Ridership 10,010 10,451 10,754 9,750 10,015
Total Ridership 40,820 43,555 45,263 41,733 41,410
Source: Biennial Budgets for Valley Transit Authority (FY 2007 through FY 2011)
Figure 6-10 indicates that there has been a decline in service miles (miles driven) and
service hours for both, buses and light rail. However, the FY 13 budget indicates that the
District plans to increase funding to provide for new bus routes, increase the number of bus
trips on various express routes, and to deploy 20 new express buses. The District also
budgeted additional funding for service level increases for light rail, including a new
weekday schedule, with one additional train to run with 15-minute intervals.
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SANTA CLARA VALLEY TRANSPORTATION AUTHORITY
Figure 6-10: Bus and Light Rail Service Levels (in 1,000’s) for Fiscal Years 2008-2011
Service Level FY 2008 FY 2009 FY 2010 FY 2011
Bus Service Miles 18,711 18,443 17,685 16,944
Light Rail Train Service Miles 2,224 2,256 2,182 2,190
Total Service Miles: 20,935 20,991 19,867 19,134
Bus Service Hours 1,384 1,375 1,319 1,266
Light Rail Train Service 144 143 141 142
Hours
Total Service Hours: 1,528 1,518 1,460 1,408
Source: Biennial Budgets for VTA (FY 2008-2009 through FY 2012-2013)
GGOOVVEERRNNAANNCCEE SSTTRRUUCCTTUURREE OOPPTTIIOONNSS
No governance structure options were identified for the Valley Transportation
Authority. According to the Santa Clara Valley Transportation Authority Act, the District
must include all incorporated and unincorporated territory within Santa Clara County.86
86 California Public Utilities Code §100031.
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SSAANNTTAA CCLLAARRAA VVAALLLLEEYY TTRRAANNSSPPOORRTTAATTIIOONN AAUUTTHHOORRIITTYY
SSEERRVVIICCEE RREEVVIIEEWW DDEETTEERRMMIINNAATTIIOONNSS
Growth and Population Projections
As of 2010, Santa Clara Valley Transportation Authority (SCVTA) had approximately
1,781,642 residents, based on 2010 Census data.
Association of Bay Area Governments (ABAG) projects that the area will experience
1.5 percent average annual growth through 2035. By 2035, the population of SCVTA
is expected to reach 2,431,400.
Location and Characteristics of any Disadvantaged
Unincorporated Communities Within or Contiguous to the
Sphere of Influence
There are no disadvantaged unincorporated communities within or adjacent to the
District’s service area based upon mapping information provided by the State of
California Department of Water Resources.
Present and Planned Capacity of Public Facilities and
Adequacy of Public Services, Including Infrastructure Needs
and Deficiencies
The District’s facilities appear to have sufficient capacity, based on the current
absence of infrastructure needs, lack of deferred maintenance, and the bus and light
rail fleet being within reasonable replacement guidelines. In FY 11, the Federal
Transit Administration (FTA) Triennial Review found that the District met all the
FTA bus and light rail fleet maintenance requirements.
SCVTA plans for its capital improvements through the ten-year capital improvement
program, which is divided into the core program, including a number of
rehabilitation and replacement projects to keep the bus and light rail system in a
state of good repair, and the Measure A program that includes 14 projects financed
by the countywide ½-cent sales tax.
VTA has established a minimum standard of 15 boardings per hour for its bus
service. In 2011, all of the bus routes met the performance standards.
SCVTA established a minimum standard for the number of boardings in an hour for
the light rail lines for the various days of the week. In 2011, two out of three light
rail lines exceeded the standard for weekdays, one out of three lines exceeded the
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standard for Saturdays, and two out of three lines exceeded the standard for
Sundays.
From FY 07 to FY 11, the District’s ridership for both, bus and light rail, increased by
1.4 percent.
The FY 13 budget provided for service level increases for buses and light rail. The
District funded the deployment of 20 additional busses for express service.
Financial Ability of Agency to Provide Services
SCVTA reported that its financing levels were adequate to deliver services. No
challenges to financing were identified.
In each of the past five fiscal years the District’s revenues exceeded expenditures.
The most significant sources of revenue were grants and sales tax income. Charges
for services amounted to six percent of the total revenue in FY 11-12.
SCVTA has three financial reserve funds. At the end of FY 12, the operating reserve,
established for emergencies, contained an adopted goal of 15 percent of the
subsequent year’s final operating budget. The Other Post-Employment Benefit
(OPEB) Liability Reduction Reserve designed to enhance the District’s fiduciary
governance at the end of the same fiscal year included $20.6 million. The Transit
Sales Stabilization Fund intended to cover unanticipated revenue shortfalls had $35
million of sales tax based revenue at the end of FY 12.
The District’s long-term debt is represented by $1.2 billion in outstanding bonds.
SCVTA issues long-term debt to accelerate the delivery of projects, spread cost over
the useful life of an asset, smooth out annual cash flow, optimize overall financial
resources, finance unfunded actuarial liabilities, and refund existing debt.
SCVTA has adopted a formal, written ten-year capital improvement program budget.
The District planned to spend $1,909,648,000 on capital improvements in FY12 and
FY13.
The FY 11 Federal Transit Administration (FTA) Triennial Review of the District
found no deficiencies in regard to the FTA financial requirements as it pertains to
the District’s ability to match and manage FTA grant funds, cover cost increases and
operating deficits, financially maintain and operate FTA funded facilities and
equipment, and conduct and respond to applicable audits.
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Status and Opportunities for Shared Facilities
SCVTA shares its infrastructure and facilities with the San Mateo County Transit
District, SamTrans, Santa Cruz Metropolitan Transit District, and Monterey/Salinas
Transit, to name a few.
VTA collaborates with other public agencies in Santa Clara County in the delivery of
regional transportation services, including the Congestion Management Program
and the development of the Valley Transportation Plan 2035.
SCVTA has developed the Valley Transportation Plan 2035, which is a long-term
vision for transportation in the County as a whole.
Other opportunities to share facilities with other public agencies were not identified
given the specialized nature of the services delivered by SCVTA and security
constraints.
Accountability for Community Services, Including
Governmental Structure and Operational Efficiencies
SCVTA demonstrated accountability and transparency in its various aspects of
operations. The governing body updates constituents, broadcasts its meetings,
solicits constituent input, discloses its finances, and posts public documents on its
website. The District’s website appropriately provides information on VTA services,
bus and light rail routes, schedules and fares, and rider tips. SCVTA keeps its
financial reporting and budgets up-to-date and readily available to the public. The
District fully cooperated with LAFCO requests for information.
All members of the Board of Directors have filed the Statement of Economic Interest
forms in 2012 and completed biennial ethics training. The District conducts expense
reimbursements according to its adopted administrative code.
No government structure options were identified for SCVTA.
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SSAANNTTAA CCLLAARRAA VVAALLLLEEYY TTRRAANNSSPPOORRTTAATTIIOONN AAUUTTHHOORRIITTYY
SSPPHHEERREE OOFF IINNFFLLUUEENNCCEE UUPPDDAATTEE
Existing Sphere of Influence Boundary
The District’s current SOI is countywide and coterminous with SCVTA’s boundaries.
Recommended Sphere of Influence Boundary
As the existing SOI for the District is coterminous with the County’s boundaries, no
further outward expansion is possible. Reduction in the sphere of influence is also not
recommended, as the District is the primary provider of these services throughout the
County. Services are not duplicated as VTA partners with multiple transit service providers,
whose services are not identical but complementary to the ones provided by the District.
As there are no areas within the District’s boundaries and SOI where the District’s services
are not provided and according to the SCVTA principal act the District must include all
incorporated and unincorporated territory within the County, it is recommended that the
Commission retain SCVTA’s coterminous SOI.
Proposed Sphere of Influence Determinations
The nature, location, extent, functions, and classes of services provided
SCVTA provides bus and light rail services, regional commuter and inter-city rail
service, paratransit service, congestion management, specific highway improvements
and other transportation projects, and countywide transportation planning and funding
throughout Santa Clara County.
Present and planned land uses in the area, including agricultural and open-space lands
The countywide District contains a wide range of land uses, including all types of urban
uses to large areas of hillside, open space, and agricultural uses. While the
unincorporated areas are generally not developed, there are numerous unincorporated
pocket areas developed with urban uses. Development within the cities ranges from
fully developed urban areas to expansive hillside, open space, and agricultural lands.
While there are agricultural and open-space lands within SCVTA, no impacts on
agricultural resources, open space or Williamson Act contracts will occur as no service
changes are proposed.
Present and probable need for public facilities and services in the area
Given that SCVTA is the only public agency that provides transportation services
countywide, that other agencies’ transit services in Santa Clara are limited and not
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identical to the ones provided by VTA, and that the demand for its services in the form
of bus and light rail ridership has increased overtime, there is a present and anticipated
continued need for the District’s services.
As the County is expected to experience a moderate population growth rate of 1.5
percent annually through 2035, the demand for transportation services is likely to
increase.
Present capacity of public facilities and adequacy of public services that the agency
provides or is authorized to provide
Given that SCVTA has been meeting or exceeding both bus and light rail minimum
boarding standards established by the District, it appears that VTA has sufficient
capacity to continue to serve existing and anticipated demand.
The District’s facilities appear to have sufficient capacity, based on the current absence
of infrastructure needs, lack of deferred maintenance, and the bus and light rail fleet
being within reasonable replacement guidelines. In FY 11, the Federal Transit
Administration (FTA) Triennial Review found that the District met all the FTA bus and
light rail fleet maintenance requirements.
In its FY 13 budget the District increased funding to accommodate an increase in the
level of service for both, buses and light rail, which indicates the District’s capacity to
expand service levels as necessary.
Based on SCVTA’S ability to accommodate demand and meet its established boarding
goals and Federal Transportation Administration fleet maintenance guidelines, and the
positive customer reviews posted on the VTA website, the District’s services appear to
be adequate.
Existence of any social or economic communities of interest in the area if the Commission
determines that they are relevant to the agency
SCVTA serves the residents of Santa Clara County by providing countywide
transportation services. All county residents and visitors benefit from services provided
by SCVTA. Residents and visitors of neighboring counties, such as Alameda and San
Francisco, benefit from services provided by VTA through its partnerships with other
agencies.
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