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AGENDA
REGULAR MEETING
SARATOGA CITY COUNCIL
Wednesday, August 01, 2007
CLOSED SESSION – 5:30 P.M. – ADMINISTRATIVE CONFERENCE ROOM,
13777 FRUITVALE AVENUE
CALL MEETING TO ORDER – 5:30 P.M.
ANNOUNCEMENT OF CLOSED SESSION ITEMS
Conference With Labor Negotiators (Gov't Code 54957.6):
Agency designated representatives: Barbara Powell, Assistant City Manager, and
Monica LaBossiere, Human Resources Manager
Employee organization: SEA
Conference With Labor Negotiators (Gov't Code 54957.6):
Agency designated representative: Dave Anderson, City Manager
Employee organization: SMO
Conference With Labor Negotiators (Gov't Code 54957.6):
Agency designated representative: Barbara Powell, Assistant City Manager and
Monica LaBossiere, Human Resources Manager
Employee organization: Northern California Carpenters Regional Council,
Carpenters Forty Six Northern California Counties Conference Board and Their
Affiliated Locals
Conference With Legal Counsel - Existing Litigation (1 case) (Government Code
section 54956.9(a)):
Suto v. Saratoga et al. (Santa Clara County Superior Court Case
No.107CV078657
PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Gov’t Code 54957)
Title: City Manager
PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Gov’t Code 54957)
Title: City Attorney
OPEN MEETING – 6:00 P.M. – ADMINISTRATIVE CONFERENCE ROOM,
13777 FRUITVALE AVENUE
Joint meeting with the Saratoga Chamber of Commerce.
REGULAR MEETING – 7:00 P.M. – CIVIC THEATER/COUNCIL CHAMBERS
AT 13777 FRUITVALE AVENUE
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PLEDGE OF ALLEGIANCE
ROLL CALL
REPORT OF CITY CLERK ON POSTING OF AGENDA
(Pursuant to Gov’t. Code 54954.2, the agenda for this meeting was properly posted on
July 26, 2007)
COMMUNICATIONS FROM COMMISSIONS & PUBLIC
Oral Communications on Non-Agendized Items
Any member of the public will be allowed to address the City Council for up to three (3)
minutes on matters not on this agenda. The law generally prohibits the council from
discussing or taking action on such items. However, the Council may instruct staff
accordingly regarding Oral Communications under Council Direction to Staff.
Oral Communications - Council Direction to Staff
Instruction to Staff regarding actions on current Oral Communications.
Communications from Boards and Commissions
Report from the Saratoga Chamber of Commerce.
Council Direction to Staff
Instruction to Staff regarding actions on current Communications from Boards &
Commissions.
ANNOUNCEMENTS
CEREMONIAL ITEMS
1. Commendation Honoring Lisa Marie Burley
Recommended action:
Present commendation.
SPECIAL PRESENTATIONS
2. Update on the West Valley College Construction Projects
Recommended action:
Informational only.
CONSENT CALENDAR
The Consent Calendar contains routine items of business. Items in this section will be
acted in one motion, unless removed by the Mayor or a Council member. Any member of
the public may speak to an item on the Consent Calendar at this time, or request the
Mayor remove an item from the Consent Calendar for discussion. Public Speakers are
limited to three (3) minutes.
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3. Review of Accounts Payable and Payroll Check Registers.
Recommended action:
Accepts the Check Registers for:
Accounts Payable: July 11, 2007 and July 18, 2007
Payroll: July 19, 2007
4. Supplemental Law Enforcement Services Funds (SLESF)
Recommended action:
Adopt resolution authorizing the continued use of the Citizen Options for Public
Safety (COPS) program's Supplemental Law Enforcement Services Fund (SLESF)
grant as a source of funds for additional public safety services.
5. License Agreement with Saratoga Sister City for Storage Shed at North Campus
Recommended action:
Accept report and adopt the resolution approving the License Agreement with the
Saratoga Sister City.
6. Motor Vehicle (MV) Resolution
Recommended action:
Move to adopt the Motor Vehicle Resolution authorizing “No Parking or Stopping”
on Sobey Meadows Court.
7. Initial Mitigation Efforts for Removal of an Illegal Bicycle Trail in the Parker Ranch
Subdivision - Appropriation of Funds
Recommended action:
Approve $5,000 in Council Contingency funds for initial mitigation efforts to remove
an illegal bicycle trail in the Parker Ranch Subdivision.
8. Landscaping & Lighting Assessment District LLA-1 Annexation 2007-1, Zone No.
33 - Approval of Budget Adjustment Resolution for FY 07-08
Recommended action:
Move to adopt the budget adjustment resolution increasing both revenues and
expenditures for Landscaping and Lighting Assessment District LLA-1 for the
amount of $3,200.
9. Memorandum of Understanding with the Northern California Carpenters Regional
Council, Carpenters Forty Six Northern California Counties Conference Board and
Their Affiliated Locals (Union)
Recommended action:
Adopt the resolution approving the Memorandum of Understanding (MOU) between
the City and the Memorandum of Understanding with the Northern California
Carpenters Regional Council, Carpenters Forty Six Northern California Counties
Conference Board and Their Affiliated Locals (Union) for the period July 1, 2007
through September 30, 2011, and authorize the City Manager to execute the MOU.
10. Memorandum of Understanding with Saratoga Employees Association
Recommended action:
Adopt the resolution approving the Memorandum of Understanding (MOU) between
the City and the Saratoga Employees Association (SEA) for the period July 1, 2007
through September 30, 2011, and authorize the City Manager to execute the MOU.
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11. Memorandum of Understanding with the Saratoga Management Association
Recommended action:
Adopt the resolution approving the Memorandum of Understanding (MOU) between
the City and the Saratoga Management Association (SMO) for the period July 1, 2007
through September 30, 2011, and authorize the City Manager to execute the MOU.
PUBLIC HEARINGS
Applicants/Appellants and their representatives have a total of ten minutes maximum for
opening statements. Members of the public may comment on any item for up to three
minutes. Applicant/Appellants and their representatives have a total of five minutes
maximum for closing statements. Items requested for continuance are subject to
Council’s approval at the Council meeting
None
OLD BUSINESS
12. Prospect Road Median Improvement Project - Agreement for Professional Design
Services
Recommended action:
1. Move to authorize the City Manager to execute an Independent Contractor
Agreement between the City of Saratoga and Callander Associates Landscape
Architecture, Inc. for professional design services in the amount of $28,098 and an
additional allocation in the amount of $2,500 for subsurface investigation.
2. Authorize the Mayor to sign a letter of understating with the City of San Jose
regarding the project.
NEW BUSINESS
13. Designation of Voting Delegate for League of California Cities Annual Conference
Recommended action:
Designate a voting delegate and alternate for the League’s Annual Conference.
ADHOC & AGENCY ASSIGNMENT REPORTS
Mayor Aileen Kao
Association of Bay Area Government
Hakone Foundation
West Valley Mayors and Managers Association
City School AdHoc
County HCD Policy Committee
Vice Mayor Ann Waltonsmith
Hakone Foundation
Northern Central Flood Control Zone Advisory Board
KSAR
SASCC
Sister City Liaison
Prospect Road AdHoc
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Councilmember Chuck Page
Chamber of Commerce
Santa Clara County Cities Association-Joint Economic Development Policy Committee
(JEDPC)
West Valley Sanitation District
West Valley Solid Waste Joint Powers Association
Village AdHoc
Chamber of Commerce AdHoc
Councilmember Kathleen King
County Cities Association Legislative Task Force
Peninsula Division, League of California Cities
Santa Clara County Cities Association
Valley Transportation Authority PAC
City School AdHoc
Prospect Road AdHoc
Councilmember Jill Hunter
Historic Foundation
Library Joint Powers Association
Santa Clara County Emergency Council
Santa Clara County Valley Water Commission
Village AdHoc
Chamber of Commerce AdHoc
CITY COUNCIL ITEMS
OTHER
CITY MANAGER’S REPORT
ADJOURNMENT
In compliance with the Americans with Disabilities Act (ADA), if you need special
assistance to participate in this meeting, please contact the City Clerk at (408) 868-1269.
Notification 48 hours prior to the meeting will enable the City to make reasonable
arrangements to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title
II)
Certificate of Posting of Agenda:
I, Cathleen Boyer, City Clerk for the City of Saratoga, declare that the foregoing agenda
for the meeting of the City Council of the City of Saratoga was posted on July 26, 2007,
of the City of Saratoga, 13777 Fruitvale Ave., Saratoga, CA 95070 and was available for
public review at that location. The agenda is also available on the City’s website at
www.saratoga.ca.us
Signed this 26th day of July 2007at Saratoga, California.
Cathleen Boyer, CMC
City Clerk
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NOTE: To view current or previous City Council meetings anytime, go to the City
Video Archives at www.saratoga.ca.us
CITY OF SARATOGA
CITY COUNCIL MEETING CALENDAR 2007
8/15 Summer Recess – Meeting Cancelled
9/5 Regular Meeting – Joint Meeting with West Valley Board of Trustees
9/19 Regular Meeting
10/3 Regular Meeting – Joint Meeting with Montalvo Arts
10/17 Regular Meeting
11/7 Regular Meeting – Joint Meeting with Hakone Foundation
11/21 Regular Meeting
12/5 Regular Meeting – Reorganization
12/19 Regular Meeting
6
SARATOGA CITY COUNCIL
MEETING DATE: August 1, 2007 AGENDA ITEM:
ORIGINATING DEPT: City Manager’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Cathleen Boyer, City Clerk DEPT HEAD: Dave Anderson
SUBJECT: Commendation Honoring Lisa Marie Burley
RECOMMENDED ACTION:
Present commendation.
REPORT SUMMARY:
The attached commendation honors Lisa Marie Burley of Girl Scout Service Unit #18. Ms.
Burley recently has been awarded the highest honor a Girl Scout can achieve, The
Gold Award
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
N/A
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
N/A
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Posting of the Council Agenda.
ATTACHMENTS:
Attachment A – Copy of Commendation
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CITY OF SARATOGA CITY COUNCIL
COMMENDATION HONORING
LISA MARIE BURLEY
WHEREAS, Lisa Marie Burley had been an active member of the Girl Scout
organization since September, 1994; and
WHEREAS, she has performed countless hours of community service both
with the Saratoga community and the greater Santa Clara County; and
WHEREAS, she has provided excellent leadership and served as a role model
for the Girl Scouts of Saratoga; and
WHEREAS, she has worked diligently with the Sunday Friends Organization
to provide an Outdoor Skills Day to educate and enhance the children’s outdoor and
self-help skills learning while introducing the children to camping; and
WHEREAS, this dedication and involvement with the Sunday Friends
Organization has earned Lisa the highest honor a Girl Scout can achieve, The Gold
Award; and
WHEREAS, she is the first Girl Scout in the Saratoga Service Unit #18 to have
earned this honor in over 15 years; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Saratoga does hereby proclaim recognition and appreciation to Lisa Marie Burley for
her hard work and dedication on achieving the Gold Award.
BE IT FURTHER RESOLVED, that her family and fellow Girl Scouts deserve
credit for the assistance and encouragement they undoubtedly gave her.
WITNESS OUR HAND AND THE SEAL OF THE CITY OF SARATOGA on
this 1st day of August 2007.
_______________________
Aileen Kao, Mayor
Saratoga, California
8
Dave Anderson
Mary Furey
RECOMMENDED ACTION:
That the City Council accepts the Check Registers for the following payment cycles:
Accounts Payable:July 11 and 18, 2007
Payroll:July 19, 2007
REPORT SUMMARY:
Attached are the Check Registers for:
Date
Ending
Check No.
Accounts Payable 7/11/07 105409 105524 114 $408,114.34 7/12/07 6/27/07 105408
Accounts Payable 7/18/07 105525 105594 68 $482,683.90 7/19/07 7/11/07 105524
Payroll(Pay Per.#15-07)7/19/07 32454 32484 31 $136,085.91 7/19/07 7/5/07 32453
$1,026,884.15
AP Date Check # Issued to Dept.Purpose Amount
7/11/07 105446 AS/REC Computer & Supplies $20,315.43
7/11/07 105450 CM $15,632.87
7/11/07 105451 PW Pavement Mgt.$36,466.94
7/11/07 105459 Various Landscape Maintenance $12,436.59
7/11/07 105461 PW Concrete Repair $98,647.26
7/11/07 105466 Harris Company RC Install Kitchenette $11,150.00
7/11/07 105497 San Jose Water Co.Various Water Service $14,422.27
7/11/07 105503 Various Attorney/Legal Services $38,500.16
7/18/07 105527 ABAG Plan Corporation CM 07/08 Premium $130,051.00
7/18/07 105541 AS Quarterly Premium $41,963.78
7/18/07 105553 PW Crosswalk/Concrete Repair $110,112.20
7/18/07 105573 AS Operational Support/CDBG $23,250.00
7/18/07 105577 AS $11,425.00
7/18/07 105579 AS $10,928.00
7/18/07 105584 PW $34,767.72
The following is a list of Accounts Payable checks that were voided or manually issued:
AP Date Check # Issued to Amount
7/11/07 105329 ($4,960.00)
7/11/07 105379 ($2,824.83)
7/11/07 105409 Garcia, Patsy $90.00
7/18/07 105443 ($1,000.00)
7/18/07 105444 ($2,000.00)
Reason
Operational Support
Grant Funding
Sara-Sunvale Road Proj.
Saratoga Historical
Franklin, D.Void Check - Reissued check #105525
General
Highway Users TaxTop Grade Construc.
Void Check - Reissued check #105378 6/27/07)
Manual Check
Void Check - Reissued check #105525
Void Check - Reissued check #105403 6/27/07)
ABAG Comp Shrd Rsk
Hwy 9 & Oak/El Quito
General/CDBG
General
Workers' Comp
G. Bianchi Construc.
S.A.S.C.C.
Saratoga Comm. Access
Shute, Mihaly & Wein.Various
Various
Liability/Risk Mgt.
Universal Specialities
Mr. & Mrs. Al Hurwitz
Franklin, D.
El Camino Paving, Inc.
Fund
North Campus
General/Sara-Sunvl Gateway
Gachina Landscape Mgt.Various
El Quito Area Curb RplcmntGeorge Bianchi Const.
Generator
General
General
AGENDA ITEM:
Prior Check Register
CITY MANAGER:
The following is a list of Accounts Payable checks issued for more than $10,000 and a brief description of the expenditure:
TOTAL
Dell Marketing L.P.
Edward R. Bacon Co.
Type of Checks
Checks
Released
Finance & Admin. Services
Date
Starting
Check No.
FINANCE & ADMIN
SARATOGA CITY COUNCIL
SUBJECT: Review of Accounts Payable and Payroll Check Registers.
Amount
Karen Caselli
Ending Check
No.Total Checks
MEETING DATE:
DEPARTMENT:
PREPARED BY:
August 1, 2007
C:\DOCUME~1\cboyer\LOCALS~1\Temp\Staff Report9
7/18/07 105525 $1,500.00
The following is a list of cash reduction by fund:
Fund #AP 7/11 AP 7/18 PR 7/19 Total
001 General 167,054.50 125,458.81 109,999.09 402,512.40
150 Streets & Roads 8,768.47 39,865.27 2,056.40 50,690.14
201 Manor Drive Landscape 220.42 220.42
202 Ferdericksburg Landscape -
203 Greenbriar Landscape 787.00 271.82 1,058.82
204 Quito Lighting -
205 Azule Lighting 1,896.70 1,896.70
206 Sarahills Lighting 89.86 89.86
207 Village Lighting -
209 McCartysville Landscape 215.00 215.00
210 Tricia Woods Landscape 75.00 26.05 101.05
211 Arroyo de Saratoga Landscape 85.00 85.00
212 Leutar Court Landscape 85.00 85.00
215 Bonnet Way Landscape 255.00 255.00
216 Beauchamps Landscape 85.00 85.00
217 Sunland Park Landscape 340.00 346.47 686.47
222 Prides Crossing Landscape 450.00 450.00
224 Village Commercial Landscape 648.72 648.72
225 Saratoga Legends Landscape 601.07 601.07
226 Bellgrove Landscape 1,985.00 1,985.00
227 Cunningham/Glasgow Landscape 145.00 89.71 234.71
228 Kerwin Ranch Landscape 340.00 129.03 469.03
229 Tollgate LLD 114.66 114.66
231 Horseshoe Landscape/Lighting 653.19 653.19
232 Gateway Landscape 245.00 245.00
250 Development Services 24,655.24 5,484.12 30,139.36
260 Environmental Program SRF 8,098.77 8,098.77
270 CDBG - Federal Grants 5,500.00 5,500.00
290 Recreation 21,490.70 2,088.32 23,579.02
291 Teen Services 424.09 424.09
310 Park Dev Cap Proj Fund 3,024.00 3,024.00
320 -
352 Infrastructure -
400 Library Bond Debt Service -
420 Leonard Road -
501 Equipment Replacement ISF -
502 Information Technology 5,390.00 2,711.88 8,101.88
503 Facility Improvement 54.91 11,895.81 11,950.72
504 Facilities 23.92 2,170.42
505 Internal Services Fund 6,811.99
510 Liability/Risk Mgt 130,051.00 1,219.89
511 Workers' Comp 41,963.78 852.70
604 Planning Deposit Pre 2006 4,937.68 3,601.67 8,539.35
605 Planning Deposit FY 2006 41.20 1,154.69 1,195.89
701 Traffic Safety -
702 Highway 9 Safety -
703 Hakone ADA Improvements -
706 Sidewalk Annual Project -
707 Aloha Street Safety Improvement 2,571.00 2,571.00
716 Highway 9/Oak Pedestrain 33,138.19 1,079.61 34,217.80
727 El Quito Area Curb Replacement 98,647.26 76,974.01 175,621.27
728 Book Go Round Drainage 3,898.62 1,050.53 4,949.15
Manual Check
Fund Description
Park Dev Capital Project
Franklin, D.
C:\DOCUME~1\cboyer\LOCALS~1\Temp\Staff Report10
The following is a list of cash reduction by fund (continued):
Fund #AP 7/11 AP 7/18 PR 7/19 Total
731 Storm Drain Upgrades -
732 Median Landscape/Irrigation -
734 Civic Center Landscape -
735 Village Lights (Zone 7A)-
736 Village Trees Lighting -
738 Cox Ave Railroad Crossing 3,901.51 3,901.51
741 Blaney Plaza Improvements -
743 Blaney Plaza Improvements/Cnstrc -
744 Village Sidewalk, Curb/Gutter -
746 Saratoga-Sunnyvale Gateway 5,802.65 7,801.65 13,604.30
748 El Ca Grante/Monta Vista -
755 Warner Hutton House Improvement 4,729.00 4,729.00
758 Civic Center - CDD Offices -
762 North Campus/19848 Prospect 12,638.50 12,638.50
790 UPRR/De Anza Trail 22,656.76 22,656.76
791 Kevin Moran 2,295.97 2,295.97
792 Alternative Soccer Field 1,585.10 1,585.10
793 Parks/Trails Repair 1,084.77 1,084.77
408,114.34 482,683.90 136,085.91 1,026,884.15 - - - -
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
N/A
ADVERTISING, NOTICING AND PUBLIC CONTACT:
N/A
ATTACHMENTS:
Check Register in the Expenditure Approval List format.
TOTAL
Fund Description
C:\DOCUME~1\cboyer\LOCALS~1\Temp\Staff Report11
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15
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23
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SARATOGA CITY COUNCIL
MEETING DATE: August 1, 2007 AGENDA ITEM:
DEPARTMENT: Finance & Administrative Services CITY MANAGER: Dave Anderson
PREPARED BY: Mary Furey DIRECTOR: Mary Furey
SUBJECT: Supplemental Law Enforcement Services Funds (SLESF)
RECOMMENDED ACTION:
Adopt resolution authorizing the continued use of the Citizen Options for Public Safety Program’s
Supplemental Law Enforcement Services Fund (SLESF) grant as a source of funds for additional public
safety services.
REPORT SUMMARY:
Assembly Bill 3229, Chapter 134, Statue of 1996, established the Citizen’s Option for Public Safety
(COPS) Program. Under this program, compliant cities are allocated a proportionate share of COPS
funds by the State, for the exclusive purpose of funding supplemental front line law enforcement
services. Proportionate shares are based on population estimates determined by the California
Department of Finance. The City of Saratoga is eligible to receive a grant amount of $100,000 each year.
Funds from this program cannot supplant existing funding and are to be used for personnel and/or
equipment. On an annual basis, the spending plan of the City must be submitted to the County’s
Supplemental Law Enforcement Oversight Committee for review and certification.
FISCAL IMPACTS:
For Fiscal Year 2007/08 the City of Saratoga will allocate the $100,000 COPS/Supplemental Law
Enforcement Services Fund (SLESF) grant funding for the supplemental law enforcement and patrol
officer hours and neighborhood resource officer, as provided by Santa Clara County Sheriff’s Office.
The proposed contract with the Santa Clara County Sheriff’s Office for Fiscal Year 2007/08 includes the
following supplemental services:
1. 1,046 additional law enforcement at a cost of $144,474
2. 3,889 additional patrol hours at a cost of $489,690
3. and the addition of a neighborhood resource officer at a flat fee of $100,000
The $100,000 in Supplemental Law Enforcement Services Funding pays for 12.93% of the additional
services in the FY 2007/08 contract.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
The City would become ineligible for the $100,000 in Supplemental Law Enforcement Services Fund
grant funding.
Page 1 of 4
37
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
Direct the City Clerk to send a copy of the report; a certified copy of the resolution; and the Supplemental
Law Enforcement Form, to the County of Santa Clara, Office of the District Attorney.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
N/A
ATTACHMENTS:
Attachment A – Resolution
Attachment B – Supplemental Law Enforcement Form
CC:
Captain Terry Calderone (electronically – Terry.Calderone@sho.co.santa-clara.ca.us)
Page 2 of 4
38
ATTACHMENT – A
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
REPORTING THE USE OF
SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUNDS (SLESF)
FOR FISCAL YEAR 2007/08
WHEREAS, the State of California has made additional funding available to supplement City
funds for front line municipal public safety services;
WHEREAS, the City of Saratoga has determined the best use of the SLESF funds is to improve
public safety with supplemental patrol officer hours and neighborhood resource officer;
WHEREAS, the City of Saratoga is required to report planned use of such funds to the County of
Santa Clara, Office of the District Attorney annually;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga hereby
resolves to approve the use of the $100,000 available from the Supplemental Law Enforcement Services
Fund for supplemental patrol officer hours and neighborhood resource officer;
AND BE IT FURTHER RESOLVED, that the City Council wishes to notify the District
Attorney’s Office of their approved spending plan by copy of this resolution.
The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City
Council held on the 1st day of August, 2007 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Aileen Kao, Mayor
ATTEST:
_____________________________
Cathleen Boyer, City Clerk
Page 3 of 4
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ATTACHMENT – B
BEGINNING FUND BALANCE -$
Prior Year Adjustment -
Prior Year Encumbrance Reversals -
RESTATED FUND BALANCE -$
REVENUES
State Funding 100,000
Interest Revenue -
Other Revenue -
TOTAL REVENUES 100,000$
EXPENDITURES
Salaries & Benefits 100,000
Services & Supplies -
Equipment -
Administrative Overhead -
TOTAL EXPENDITURES 100,000$
ENCUMBRANCES
Current Year
Services & Supplies -
Equipment -
Total Current Year -$
NET CHANGE IN FUND BALANCE -$
ENDING FUND BALANCE -$
Hours Rate Cost
Additional General Law Enforcement Hours1,046.00 138.12 144,474
Supplemental Patrol Hours 3,888.90 136.07 529,163
Neighborhood Resource Officer Flat Rate 100,000
Total Supplemental Cost 773,636
Percent paid by SLESF Funds 12.93%
From SCC Sheriff's FY 2007/08 Contract Proposal dated 4/16/07
SUPPLEMENTAL LAW ENFORCEMENT STANDARIZED FORM
Oversight Committee Summary
For FY 2007/08
SUPPLEMENTAL SERVICES EXPENSE
Page 4 of 4
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SARATOGA CITY COUNCIL
MEETING DATE: August 1, 2007 AGENDA ITEM:
ORIGINATING DEPT: CMO CITY MANAGER: Dave Anderson
PREPARED BY: Barbara Powell DEPT HEAD: Dave Anderson
Assistant City Manager
__________
SUBJECT: License Agreement with Saratoga Sister City for Storage Shed at North Campus
__________
RECOMMENDED ACTION(S):
Accept report and adopt the resolution approving the License Agreement with the Saratoga Sister City.
REPORT SUMMARY:
For some time, the City has had an informal agreement with Saratoga Sister City to provide storage
space for Taiko Drums in the Fellowship Hall Building at the North Campus Facility. The City will be
initiating renovations of the Fellowship Hall Building in the near future. The planned building
configuration, once renovated will lack sufficient, suitable storage space for the Taiko Drums.
Therefore, another storage location for the drums needed to be found.
Thomas Scott, Facilities Maintenance Supervisor, worked with Sister City representatives to identify
an alternative structure (proposed “Tuff” shed) and location (indicated on attached Exhibit “A”) at the
North Campus facility. The proposed Tuff shed would be 10’ x 16’ and would be installed on a
concrete pad. The shed and pad will be directly paid for and maintained by Sister City. Thomas met
with the property owner adjacent to the proposed location of the shed and the homeowner has no
objections to its installation.
Since Saratoga Sister City will be installing a shed it owns on City-owned property, the City Attorney
has recommended, and drafted a License Agreement between the City and Saratoga Sister City. The
License Agreement provides for an initial 10-year term of occupancy, with provision for a 5-year
agreement extension if both parties so desire. Beyond this 15-year term, the two parties may choose to
continue or terminate the agreement, as desired. Upon conclusion of the agreement, Saratoga Sister
City would be responsible for removing the shed, until the City desires to retain it, in which case the
shed will become City-owned property.
Staff recommends that the City Council approve the License Agreement between the City and Saratoga
Sister City for installation of the storage shed at the North Campus facility.
FISCAL IMPACTS:
41
If the License Agreement is approved, the City will receive a nominal fee of $1.00 per year from
Saratoga Sister City.
CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS:
The City and Saratoga Sister City would need to determine an alternative location for storage of the
Taiko Drums.
ALTERNATIVE ACTION(S):
N/A
FOLLOW UP ACTION(S):
Adopt the resolution and authorize the City Manager to enter into the License Agreement with
Saratoga Sister City.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENTS:
• Resolution approving the Agreement
• License Agreement with Saratoga Sister City
42
RESOLUTION NO.__________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
APPROVING THE LICENSE AGREEMENT
BETWEEN THE CITY OF SARATOGA AND
SARATOGA SISTER CITY
WHEREAS, the City of Saratoga (City) desires to continue to support its
relationship with Saratoga Sister City;
WHEREAS, the City has provided storage for Taiko Drums owned by Saratoga
Sister City in Fellowship Hall at the City-owned North Campus Facility;
WHEREAS, due to planned renovation of the Fellowship Hall Building, an
alternative storage area for the Drums will be required;
WHEREAS, Saratoga Sister City is amenable to purchasing, installing and
maintaining a “Tuff” shed in which to store the Drums at an alternative location on the
North Campus Facility approved by the City;
WHEREAS, the City has determined that the alternative location is suitable for
installation of the shed and desires to enter into a License Agreement with Saratoga Sister
City for this purpose;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Saratoga hereby approves the Agreement and authorizes the City Manager to enter into
the License Agreement between the City and Saratoga Sister City.
BE IT FURTHER RESOLVED, the above and foregoing resolution was passed
and adopted at a regular meeting of the Saratoga City Council held on the 1st day of
August, 2007 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________
Aileen Kao, Mayor
City of Saratoga
Attest:
_______________________
Cathleen Boyer, City Clerk
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45
46
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48
SARATOGA CITY COUNCIL
MEETING DATE: August 1, 2007 AGENDA ITEM: ______
ORIGINATING DEPT: Public Works CITY MANAGER:
PREPARED BY: Kristin Borel DEPT HEAD: John Cherbone
Public Works Analyst Public Works Director
SUBJECT: Motor Vehicle (MV) Resolution
______________________________________________________________________________
RECOMMENDED ACTIONS:
Move to adopt the Motor Vehicle Resolution authorizing “No Parking or Stopping” on Sobey
Meadows Court.
REPORT SUMMARY:
As part of the continued implementation of traffic calming surrounding Marshall Lane School
and responding to neighborhood concerns, the staff is requesting to restrict parking and stopping
on Sobey Meadows Court. Because of its close proximity to Marshall Lane School, this street is
used as a drop off area for the school. The entrance to the street is narrow with a center median
and if cars stop or park in this entryway, it blocks all traffic and creates a safety hazard.
Therefore, it is recommended that 65 feet of on each side of the street at the entrance to Sobey
Meadows Court be posted with signs indicating “No Parking or Stopping Anytime”. For the
remainder of the street staff recommends signs indicating “No Parking or Stopping Monday thru
Friday, 8:00 a.m. to 4:00 p.m., while school is in session”. In order to enforce the signs, it is
necessary that the attached Motor Vehicle Resolution be adopted by City Council.
FISCAL IMPACTS:
Approximately $250 in labor and materials is required for the City to post signs. These
improvements are paid through the CIP which has a fund devoted to Traffic Safety.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
The MV Resolutions would not be adopted and traffic conditions would continue as is.
ALTERNATIVE ACTION(S):
None.
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FOLLOW UP ACTION(S):
The signs will be posted and the Sheriff’s Department will be notified of the new restrictions.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
A letter was sent to residents of Sobey Meadows Court notifying them of the new parking
restrictions.
ATTACHMENTS:
1. Motor Vehicle Resolution
2. Map
50
RESOLUTION NO. MV- ______
RESOLUTION RESTRICTING PARKING ON SOBEY MEADOWS COURT
The City Council of the City of Saratoga hereby resolves as follows:
Section I: Based upon an engineering and traffic study, the following parking restrictions
shall be designated on Sobey Meadows Court:
NAME OF STREET DESCRIPTION RESTRICTION
Sobey Meadows Ct. Beginning at the south westerly No Stopping or
corner of Sobey Meadows Court where Parking Anytime
where it meets Sobey Road and terminating
65 feet north of the intersection; and beginning
at the south easterly corner of Sobey Meadows
Court where it meets Sobey Road and
terminating 65 feet north of the intersection.
Beginning 65 feet from the south west No Stopping or Parking
corner of Sobey Meadows Court and Monday - Friday
continuing north terminating at the 8:00 a.m. – 4:00 p.m.
northern boundary of 14123 . While school is in
Sobey Meadows Court (APN# session
397-02-100); and beginning 65
feet from the south east
corner of Sobey Meadows Court and
continuing north terminating at the
northern boundary of 14118 Sobey
Meadows Court (APN# 397-02-093)
This resolution shall become effective at such time as the signs and/or markings are
installed.
The above and foregoing resolution was passed and adopted by the City Council of the
City of Saratoga at a regular meeting held on the 6th day of August 1, 2007 by the
following vote:
AYES:
NOES:
ABSENT:
______________________________
Aileen Kao, Mayor
ATTEST:
____________________________
Cathleen Boyer, City Clerk
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SARATOGA CITY COUNCIL
MEETING DATE: August 1, 2007 AGENDA ITEM: ______
ORIGINATING DEPT: Public Works CITY MANAGER:
PREPARED BY: John Cherbone DEPT HEAD: John Cherbone
SUBJECT: Initial Mitigation Efforts for Removal of an Illegal Bicycle Trail in the Parker
Ranch Subdivision - Appropriation of Funds
______________________________________________________________________________
RECOMMENDED ACTION(S):
Approve $5,000 in Council Contingency funds for initial mitigation efforts to remove an illegal
bicycle trail in the Parker Ranch Subdivision.
REPORT SUMMARY:
At the July 18 City Council Meeting, City Council directed staff to bring back a report authorizing
$5,000 from the Council Contingency to begin mitigation efforts to remove an illegal bicycle trail
located in the Parker Ranch Subdivision.
Approval of this item will allow staff to expend $5,000 from the Council Contingency for the
mitigation work.
FISCAL IMPACTS:
The adopted budget contains sufficient funds in the Council Contingency to appropriate the
funds.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
The funds will not be appropriated and mitigation efforts will not move forward.
ALTERNATIVE ACTION(S):
None in addition to the above.
FOLLOW UP ACTION(S):
Mitigation efforts will move forward.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
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Nothing additional.
ATTACHMENTS:
None.
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SARATOGA CITY COUNCIL
MEETING DATE: August 1, 2007 AGENDA ITEM:
ORIGINATING DEPT: Public Works CITY MANAGER: Dave Anderson
PREPARED BY: Iveta Harvancik DEPT HEAD: John Cherbone
Associate Engineer Public Works Director
SUBJECT: Landscaping & Lighting Assessment District LLA-1 Annexation 2007-1, Zone
No. 33 - Approval of Budget Adjustment Resolution for FY 07-08
______________________________________________________________________________
RECOMMENDED ACTION(S):
Move to adopt the budget adjustment resolution increasing both revenues and expenditures for
Landscaping and Lighting Assessment District LLA-1 for the amount of $3,200.
REPORT SUMMARY:
On July 18, 2007 the Council approved Resolution No. 07-051 Ordering the Improvements and
Confirming the Diagram and Assessment for Fiscal Year 2007-2008 Landscape and Lighting
District LLA-1 Annexation No. 2007-1, Zone No. 33 (Carnelian Glen). Expected expenditures
and the special assessment revenue associated with the annexation are $3,200. Expenditures will
provide for irrigation, landscape maintenance and administrative costs.
It is necessary to adjust the budget for fiscal year 2007-2008 as described in the attached
Resolution. Revenue and expenditure adjustments are for the identical amount with no fiscal
impact to the City. It is therefore recommended that the Council approve the attached
Resolution.
FISCAL IMPACTS:
All of the costs associated with the administration and operation of the Landscape & Lighting
Assessment District are recovered via the assessments levied against the benefiting properties.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
The Resolution would not be adopted and the budget would not be adjusted. If this occurs, the
Council will need to direct staff accordingly.
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ALTERNATIVE ACTION(S):
None in addition to the above.
FOLLOW UP ACTION(S):
The assessment roll will be finalized and transmitted to the County Auditor by August 10 for
placement on the upcoming tax roll.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENTS:
1. Budget Adjustment Resolution.
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
APPROVING THE FY 2007- 2008 REVENUE AND EXPENDITURE INCREASE
FOR LANDSCAPE AND LIGHTING DISTRICT LLA-1
ANNEXATION NO. 2007-1, ZONE NO. 33
WHEREAS, the Council approved Resolution No. 07-051 Ordering the
Improvements and Confirming the Diagram and Assessment for Fiscal Year 2007-2008
Landscape and Lighting District LLA-1 Annexation No. 2007-1, Zone No. 33 (Carnelian
Glen); and
WHEREAS, by said Resolution, the City Council ordered for the levy and
collection of the assessment for said annexation based on the expenditure estimate in the
Engineer’s Report for Landscape and Lighting District Annexation No. 2007-1, Zone No.
33 prepared in February 2007 and approved in July 2007 in the amount of $3,200; and
WHEREAS, it is necessary to adjust the revenue and expenditure for Landscape
and Lighting District fiscal year 2007-2008 per following:
Revenue Account Description Account# Amount
L&L Special Assessment Revenue 233-3233-411-0100 $3,200
Expenditure Account Description Account# Amount
Administrative Services Fee Expenditures 233-3233-532-5657 $700
Water Expenditures 233-3233-532-4104 $1,100
Landscape Services Expenditures 233-3233-532-5436 $1,400
Total Expenditures $3,200
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Saratoga hereby authorizes the budget adjustment as specified above.
The above and foregoing resolution was passed and adopted at a regular meeting of the
Saratoga City Council held on the 1st day of August 2007 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Aileen Kao, Mayor
ATTEST:
____________________________
Cathleen Boyer, City Clerk
57
SARATOGA CITY COUNCIL
MEETING DATE: August 1, 2007 AGENDA ITEM:
ORIGINATING DEPT: City Manager CITY MANAGER: Dave Anderson
PREPARED BY: Barbara Powell, DEPT HEAD: Dave Anderson
Assistant City Manager
Monica LaBossiere,
Human Resources Manager
__________
SUBJECT: Memorandum of Understanding with the Northern California Carpenters Regional
Council, Carpenters Forty Six Northern California Counties Conference Board and
Their Affiliated Locals (Union)
__________
RECOMMENDED ACTION(S):
Adopt the resolution approving the Memorandum of Understanding (MOU) between the City and the
Memorandum of Understanding with the Northern California Carpenters Regional Council, Carpenters
Forty Six Northern California Counties Conference Board and Their Affiliated Locals (Union) for the
period July 1, 2007 through September 30, 2011, and authorize the City Manager to execute the MOU.
REPORT SUMMARY:
The Assistant City Manager and Human Resources Manager negotiated on behalf of the City with
UNION. Through a series of meetings and with direction from the City Council, the City and Union
have agreed to the following significant MOU changes:
Term:
This four year agreement pertains to the period July 1, 2007 through September 30, 2007. In
the past, agreements have ended on June 30th. This necessitates entering into negotiations
during the April to August timeframe, which also coincides with budget preparation, employee
evaluations and other pre-summer recess priorities. In light of these considerations, both
parties felt a September end date would be preferable in order to expedite agreement.
Compensation Adjustments:
In FY 2007/08, each represented employee will receive a three percent (3%) cost of living
increase, retroactive to July 1, 2007. In subsequent years of the agreement, the cost of living
increase will be no less than one percent (1%) nor more than two and one half percent (2.5%),
payable on July 1st of each year.
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The City has agreed to transition from a “Pay for Performance” System to a “Step System”.
Under the Step System, each City classification will have a salary range with a twenty-five
percent (25%) distribution between the lowest and highest salaries in the range. This 25%
distribution is composed of five – five percent “steps”. On an annual basis, if an employee
receives, at minimum, a cumulative score of three (3) on their performance evaluation, they are
eligible to advance one step in their salary range, until they reach the top of their salary range,
at which point they no longer receive annual salary increases. In FY 2007/08 salary increases
will be implemented effective July 1, 2007.
Performance Incentive Compensation (received after an employee remains at the top of his/her
salary range for 5 consecutive years and then again at 10 years) will remain at five percent
(5%). In order to receive Performance Incentive Compensation, an employee must receive, at
minimum, a cumulative score of three (3) on that year’s performance evaluation.
Other Provisions:
A scheduled re-opener in 2009 has been included in the MOU in order to evaluate the
economic feasibility of funding a revision in the employee retirement benefit based upon an
analysis of CalPERS rates and the City’s revenue and expenditure forecasts.
The current 9/80 schedule will continue through September 30, 2011.
The Union has agreed to ratify the City’s proposed Grievance Policy and Alcohol and Drug
Use Policy and requested their inclusion in the MOU. These policies were removed from the
original submittal of Personnel Rules and Policies adopted by the Council, as the Union was
not in agreement with them at that time. Staff will bring these two policies to the Council in
September 2007 for formal adoption, thus completing the City’s Personnel Rules and Policies.
The Union has requested the inclusion in the MOU of some additional policies that are
included in the City’s Personnel Rules and Policies, together with the State of California
Government Code Section pertaining to collective bargaining. This accounts for the larger
number of pages in the MOU with the Union than are included in the MOU’s with either the
Saratoga Employees Association or the Saratoga Management Association. The inclusion of
these policies and Government Code section are for clarification only and do not impose
additional obligations on the City.
FISCAL IMPACTS:
A three percent (3%) cost of living increase for Union members will have an approximate fiscal impact
of $30,600. The fiscal impact of the five percent (5%) salary increase for eligible Union employees
will be calculated based upon current salary level. The cost of living and salary increases will not
exceed the amount budgeted and approved in the 2007/08 budget.
ALTERNATIVE ACTION(S):
Choose not to accept the agreement and direct City staff to continue negotiations with new direction.
59
FOLLOW UP ACTION(S):
Staff will execute the memorandum of understanding and implement its elements.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENTS:
Resolution to adopt the Memorandum of Understanding between the City and Union
Copy of Memorandum of Understanding between the City and Union for the period July 1,
2007 through September 30, 2011
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RESOLUTION NO. ____________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
REVISING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY
AND THE NORTHERN CALIFORNIA CARPENTERS REGIONAL COUNCIL,
CARPENTERS FORTY SIX NORTHERN CALIFORNIA COUNTIES CONFERENCE
BOARD AND THEIR AFFILIATED LOCALS (UNION)
INTO A MEMORANDUM OF UNDERSTANDING WITH A TERM OF
JULY 1, 2007 THROUGH SEPTEMBER 30, 2011
WHEREAS, the City of Saratoga, through its designated representatives and pursuant to
State law, has met and conferred with the organized representative organization, the Northern
California Carpenters Regional Council, Carpenters Forty Six Northern California Counties
Conference Board and Their Affiliated Locals (Union), concerning proposals for modifications
and changes to salaries, benefits and other matters; and
WHEREAS, the representatives of the City and Union have reached an understanding
regarding changes in salaries, benefits and other matters for the period beginning July 1, 2007,
through September 30, 2011, for employees represented by Union; and
WHEREAS, this resolution replaces various Resolutions of the City of Saratoga. This
resolution is an expression of existing policy of the City of Saratoga and is subject to
modification and change by the City Council from time to time. Nothing herein contained shall
be construed as creating or establishing any of the provisions hereof as terms of any contract of
employment extending beyond a period other than such period as during the resolution is in full
force and effect. That is to say, that any employee of the City of Saratoga during the effective
period of the resolution shall have such employment rights and duties as set forth herein only
during such period of time as this resolution remains in effect, and not afterward.
NOW, THEREFORE, BE IT RESOLVED that the terms and conditions of the
Memorandum of Understanding, dated the 1st of July, 2007, is hereby approved.
The above and foregoing resolution was passed and adopted at a regular meeting of the City
Council of Saratoga held on the 1st of August, 2007, by the following vote:
AYES:
NOES:
ABSENT:
Aileen Kao, MAYOR
ATTEST:
Cathleen Boyer, CITY CLERK
61
AGREEMENT BETWEEN CITY OF SARATOGA AND UNION
CITY OF SARATOGA
MEMORANDUM OF UNDERSTANDING FOR
WAGES, EMPLOYEE BENEFITS
AND CONDITIONS OF EMPLOYMENT
I. INTRODUCTION
This Memorandum of Understanding (MOU), or “AGREEMENT”, dated
________________, is between the City of Saratoga through its designated
representatives, hereinafter referred to as "CITY" and the Northern California
Carpenters Regional Council, Carpenters Forty Six Counties Conference Board and
Their Affiliated Local Unions, hereinafter referred to as “UNION."
This MOU complies with the provisions of the Meyers-Milias-Brown Act, as
contained in Section 3500, et seq., of the Government Code of the State of California
in that the employer-employee representatives noted herein did meet in good faith
and did reach an understanding on those matters within the scope of representation.
This MOU also complies with Resolution No. 509-2 relating to employer-employee
relations, and Resolution No. 489-2, establishing the procedure for meeting and
conferring with recognized employee organizations.
II. GENERAL CONDITIONS
A. Total Agreement
This Agreement sets forth the full and entire understanding of the parties for the
period beginning July 1, 2007, and continuing through September 30, 2011. This
Agreement shall remain in effect until a new Agreement is signed by both
parties. This Agreement supersedes any prior understandings, representations,
agreements or promises of any kind, whether written, oral, express, or implied
between the parties (including all prior Memoranda of Understanding) with
respect to the subject matter of the Agreement. No verbal statement or other
amendments, except an amendment mutually agreed upon between the parties
and in writing attached to this Agreement designated as an amendment to this
Agreement, shall supersede or vary the provisions in this Agreement. If any
provision of this Agreement is adjudged to be void or unenforceable, the
remainder of the Agreement shall nevertheless remain in effect.
Except as specifically provided in this Agreement, it is agreed and understood
that the UNION waives its right, and agrees that the CITY shall not be required,
to negotiate with respect to any subject or matter covered in this Agreement or
with respect to any other matters within the scope of negotiations, during the
term of this Agreement.
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AGREEMENT BETWEEN CITY OF SARATOGA AND UNION
The waiver of any breach, term, or condition of this Agreement by either party
shall not constitute a precedent in the future enforcement of all its terms and
provisions.
B. City Council Approval
City Council approval of the terms of this MOU is incorporated in Resolution
______________ adopted on _____________________ .
C. Validity of Memorandum
Should any article, section, or portion of this Agreement be held unlawful and
unenforceable by any court of competent jurisdiction, the court's decision shall
only apply to the specific article, section, or portion of this Agreement directly
specified in the decision, and the remainder of this Agreement shall not be
affected by the decision.
D. CITY Rights
The CITY reserves, retains, and is vested with any management rights not
expressly granted to the UNION by this Agreement. These CITY rights include
but are not limited to the right to:
1. Determine and modify the organization of City government and its
constituent work units;
2. Determine the nature, standard, levels, and mode of delivery of City services;
3. Determine the methods, means, number, and kind of personnel by which City
services are provided;
4. Determine the procedures and standards for selection for employment and
promotions;
5. Establish employee performance standards including, but not limited to,
quality standards, and to require compliance with those standards;
6. Discharge, suspend, demote, reprimand, withhold salary increases and
benefits, or otherwise discipline workers in accordance with applicable laws,
the Personnel Ordinance and the Personnel Rules; and
7. Relieve employees from duty because of lack of work or lack of funds, or for
inability to perform the job as required, subject to the Personnel Rules and
Regulations.
E. Meyers-Milias-Brown Act (MMBA)
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AGREEMENT BETWEEN CITY OF SARATOGA AND UNION
Nothing in this Article shall relieve the CITY of its obligation to meet and confer
on the impact of the exercise of those rights, which are mandatory subjects of
bargaining under the Meyers-Milias-Brown Act. The MMBA is attached to this
agreement for reference and incorporated by reference herein its terms.
See Exhibit B for the MMBA.
III. SALARY ADMINISTRATION
A. Salary Ranges
Salary data for each position represented by UNION is periodically collected
from the following list of comparable cities:
Los Altos Menlo Park
San Carlos Cupertino
Los Gatos Morgan Hill
Campbell
The CITY will be adjusting the salary ranges administratively effective July 1,
2008 as a result of the FY 07-08 compensation study and administratively
every two years thereafter according to salary survey compensation data,
ensuring that the CITY pays the average of its comparable cities.
The CITY classifies all miscellaneous positions according to duties and
responsibilities, and a salary range is established for each job classification.
Adjustments to Salary Range as the result of a Salary Survey and Anniversary
Date: Any salary range adjustments for a classification implemented by the
City will not establish a new salary anniversary date for employees serving in
that classification.
Adjustments to Salary Range as the result of a Salary Survey and Retention of
Step: Whenever the schedule of compensation for a classification is revised,
each incumbent in a position to which the revised schedule applies shall be
paid at the same step in the revised range as the step at which the employee
was paid in the previous range.
See Exhibit A for FY07-08 range table.
B. 5-Step Salary Plan and Cost of Living Adjustment
For fiscal year 2007/08, salary increases will be retroactive to July 1, 2007.
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AGREEMENT BETWEEN CITY OF SARATOGA AND UNION
Cost of Living Adjustment - For fiscal year 2007-08, each UNION member
shall receive a cost-of-living adjustment of three percent (3%), retroactive to
July 1, 2007. For each subsequent year of this MOU, each UNION member
shall receive an annual cost-of-living adjustment of no less than one percent
(1.0%) and no greater than two and one-half percent (2.5%). If the United
States Bureau of Labor and Statistics Average Consumer Price Index for “All
Urban Consumers (CPI-U)” for the months of December to December for the
“San Francisco-Oakland-San Jose” region falls below one percent (1.0%),
each UNION member shall nevertheless receive a minimum one percent
(1.0%) cost-of-living adjustment; if the above Index increases above two and
one-half (2.5%), each UNION member shall nevertheless receive a maximum
two and one-half (2.5%) cost-of-living adjustment.
Base Salary – Employees occupying a position in a classification covered by
this Memorandum shall be paid a base salary within the range established for
that position’s classification.
Placement Within Range –The City will determine salary placement
consistent with the personnel rules.
Progression Within Range – Salary advancement within an established
salary range is customarily considered at one (1) year intervals. Each
employee who is employed after July 1, 2006 will be eligible to receive a
salary increase to the next higher step within the range of their assigned
classification upon the individual employee’s original employment
anniversary date (established anniversary date).
Each employee who was hired on or prior to July 1, 2006 will be eligible to
receive a salary increase to the next higher step within the range of their
assigned classification upon July 1 of each year, (as a result of the City
moving from a broad range pay-for-performance system to a step system
effective July 1, 2007). July 1 of each year will be the established anniversary
date for each employee who was hired on or prior to July 1, 2006.
Eligibility for Progression within Range - All regular employees will be
evaluated on an annual basis and will be eligible to advance in their salary
range based on annual performance evaluation results.
No increase in salary shall be automatic solely upon completion of a specified
period of service. All increases shall be contingent upon a satisfactory annual
evaluation of the employee’s performance, and shall require recommendation
of the Department Head. In the case that an employee receives a cumulative
rating of less than three (3) points on the annual performance evaluation,
indicating a cumulative rating less than “meets expectations”, the employee
will not receive a salary increase other than an approved and budgeted cost-
of-living increase. An employee who is denied an increase in salary may
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AGREEMENT BETWEEN CITY OF SARATOGA AND UNION
discuss such denial with his/her Department head and the City Manager (or
his/her designee). The decision of the City Manager (or his/her designee)
shall be final.
An employee who has received a cumulative rating of three (3) points or
greater during the annual employee performance evaluation will be eligible to
receive a salary increase of five percent (5%) (1 step) above their existing
salary as of the employee’s established anniversary date, until such time as the
employee reaches the top of his/her salary range, at which time the employee
shall not advance beyond the top of the established range, except as provided
for in Article III. SALARY ADMINISTRATION, Section D. Performance
Incentive Compensation.
Promotion - Promotion is the movement of an employee from one classification
to another classification having a higher salary range. At the time an employee is
promoted, his or her salary shall be adjusted as follows:
If the first step in the salary range for the employee’s new position is at least five
percent (5%) greater than the employee’s current salary range, the employee
shall be moved to the first step of the new salary range.
If the first step in the salary range for the employee’s new position is less than
five percent (5%) greater than the employee’s current salary range, the employee
shall be moved to the step which would provide, at minimum, a five percent
(5%) increase in salary.
If no step in the salary range for the new position would provide the employee
with at least a five percent (5%) salary adjustment, the employee shall be moved
to the top step of the new salary range.
NOTE: If an employee is promoted on their anniversary date, the employee shall
first receive a salary increase to the next higher step within their existing salary
range, following by a promotional salary adjustment as described in this section.
All promotional appointments shall be subject to a probationary period of one
year. During probation supervisors may evaluate employees every three months.
At six months, a written evaluation will be prepared. Upon completion of the
twelve-month probationary period, a second written evaluation will be prepared.
At the completion of a successful probationary period, the employee shall be
granted regular employment status and may advance in his/her salary range as
part of the citywide annual evaluation process.
If it is determined through employee performance evaluation that an employee
subject to a promotional appointment does not pass probation, the probationary
employee shall be reinstated to the position from which he or she was promoted
provided that position is vacant and funded. If no vacancy exists, the employee
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AGREEMENT BETWEEN CITY OF SARATOGA AND UNION
may ask to be placed on a re-employment list.
C. Working Out of Classification
Employees represented by UNION who are assigned by a Department Head or
the City Manager for more than fifteen (15) consecutive working days in a
calendar year to perform the essential functions of a position with a higher salary
range than they are regularly assigned shall receive increased compensation of at
least five percent (5%) higher than their regular compensation. Out of Class
assignments are temporary and shall continue as authorized by a Department
Head or City Manager, but not exceed one year. Upon completion of an out of
class assignment, an employee will return to his/her regular job classification,
salary range, and step.
D. Performance Incentive Compensation
Employees represented by UNION who have remained at the top step of the
same salary range for five (5) years may be eligible for an additional step
increase of five percent (5%) following receipt of a cumulative rating of three
(3) points or greater during the annual employee performance evaluation. Five
(5) years after meeting the criteria for the initial performance incentive
compensation described above, a qualified employee --that is an employee who
has remained at five percent (5%) above the top step of his/her same salary range
-- may be eligible for an additional salary increase of five percent (5%) following
receipt of a cumulative rating of three (3) points or greater during the annual
employee performance evaluation.
E. Annual Performance Review (APR) Process
The City of Saratoga administers an Annual Performance Review (APR)
Process. The APR includes a Self Evaluation prepared by the employee and a
Performance Evaluation prepared by the employee’s supervisor/manager.
Ratings on the Performance Evaluation are tied to the following numerical
scores:
Score Rating Description
1 Unsatisfactory
2 Below Expectations
3 Meets Expectations
4 Exceeds Expectations
5 Outstanding
The employee is rated on his/her performance in up to eight (8) categories:
Customer Service Ability to Work Well with Others
Quality of Work Accountability
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AGREEMENT BETWEEN CITY OF SARATOGA AND UNION
Initiative Communication Skills
Flexibility Supervision – if applicable
The employee receives a composite score based upon individual ratings received
under each category.
IV. PROBATIONARY EMPLOYEE AND REGULAR EMPLOYEE
Probationary Employee An employee who is serving a probationary period. The
probationary period is part of the selection process. Unless otherwise authorized
by the City Manager, probation is a twelve (12) month trial period during which a
determination is made as to whether or not an employee is suitable for their
position. A new employee serves “at will” and can be dismissed with or without
cause by the City for any legal reason during the probationary period.
Separation Without Cause At any time during the probationary period, the
employment relationship may be terminated without cause and without right of
appeal, grievance or hearing. The City Manager or designee must approve the
termination. The probationary employee shall be notified prior to the expiration
of the probationary period that he or she has been rejected for regular
appointment.
Regular Appointment Requires Passing Probationary Performance Review An
employee will receive a regular appointment only when he/she receives a “meets
expectations” or above rating on his/her written probationary performance review,
resulting in the passing of the probationary period. If the employee does not
meet the expectations for the probationary period, he/she will be rejected for
regular appointment.
Regular Employee An employee who: (1) is regularly scheduled to work on a
continuing basis, (2) and has completed the probationary period for the position
he or she holds, and (3) holds a budgeted position.
V. LAYOFF
A. Policy It is the City’s intent to avoid employee layoffs whenever possible.
When, however, in the City’s judgment it is necessary to abolish a position of
employment, the employee holding the position may be laid off or demoted
without disciplinary action and without the right of appeal. When feasible
and practicable, the City will meet with employees of the affected
classification in order to determine whether or not a voluntary reduction in
hours or other solution may be presented in order to avoid the pending layoff.
B. Notice Whenever possible, an employee subject to layoff will be given at
least 14 calendar days’ notice prior to the effective date of the layoff. Layoff
notification will be provided in the form of a “Notice of Layoff.” At the time
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AGREEMENT BETWEEN CITY OF SARATOGA AND UNION
of notice, the employee will also be notified of any displacement rights or
rights to reemployment, as described below.
C. Order of Layoff
Employees shall be laid off in the following order: (1) temporary employees,
(2) part-time employees, (3) probationary employees, (4) regular employees.
All employees shall be laid off in the inverse order of their seniority within
their classification. Seniority is determined by length of service. “Length of
service” means employment without interruption, including all days of
attendance at work and authorized leaves of absence. Length of service does
not include unauthorized absences or periods of suspension or layoff.
In cases where two or more employees in the classification have the same
seniority determination, the following procedure will be used: Employees
shall be laid off on the basis of the last evaluation rating in the classification,
provided that such information has been on file at least 30 days and no more
than 12 months prior to lay off. In such a case, employees shall be laid off in
the following order: (1) employees with an “unsatisfactory” or “below
expectation” or similar performance numerical rating, (2) employees having
a “meets expectations” or similar performance numerical rating, (3)
employees with an “exceeds expectations or outstanding” or similar
performance numerical rating.
D. Demotion Upon request of the employee and with approval of the
appointing authority, an employee subject to layoff who has not held status in
a lower classification may be allowed to demote to a vacant, authorized
position in the same department if he/she meets all the requirements of the
lower position as determined by the appointing authority. All employees
who are demoted under this paragraph will be paid at the rate of pay for the
lower position.
E. Transfer The appointing authority may transfer an employee subject to
layoff to a vacant, authorized position if the employee is qualified and
capable of performing the essential functions of the position as determined
by the appointing authority. An employee who is transferred will be paid at
the rate of the position to which he or she is transferred. Any employee, who
does not accept a transfer within 5 working days after a Notice of Transfer is
given, will have automatically forfeited the ability to transfer. If the transfer
involves a change from one department to another, both department directors
must consent unless the City Manager orders the transfer for purposes of
economy or efficiency.
F. Re-employment Regular employees who have received a satisfactory or
better evaluation for the 12 months prior to lay off and have completed their
probationary period at the time of the lay off, shall be automatically placed
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AGREEMENT BETWEEN CITY OF SARATOGA AND UNION
9
on a re-employment list for one year for the classification from which they
were laid off. This list will be used when a vacancy arises in the same or a
lower class of position. Re-employment shall be based on seniority should
more than one person in the same classification be laid off from the same
department. Employees who are offered and refuse re-employment will be
removed from the re-employment list. Employees re-employed in a lower
class, or on a temporary basis, will continue to remain on the list for the
higher position for one year.
G. Insurance Benefits Upon Layoff The City will extend medical insurance
benefits for two months to an employee who has been laid off. During this
two-month period, the City will continue to pay the previously established
contribution for the employee's medical insurance premium.
H. Paid Time Off (PTO) Upon separation from the City service, the City agrees
to pay 100% of the employee’s accrued PTO at the employee’s regular rate of
pay at the time of separation.
VI. WORKING CONDITIONS
The CITY will continue to operate on a 9/80 work schedule to be determined by the City
Manager and Directors where a full-time work week, constitutes forty (40) hours within
seven consecutive 24 hour days, also defined as one hundred sixty-eight (168) hours.
Employees on a 9/80 schedule are scheduled to work 8 nine hour days, 1 eight hour day,
and have one day off every two weeks. An employee’s workweek begins in the middle
of the employee’s 8 hour day and the employee’s day off is on the same day of the week
in the following week. For example, the standard 9/80 work schedule for most
ASSOCIATION members is as follows:
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
4
(end)
off
9
9
9
9 4
(start)
off
off
(end)
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off 9 9 9 9 off
(start)
off
4
(end)
off
9
9
9
9 4
(start)
off
off
(end)
off
9
9
9
9 off
(start)
off
The City Manager and Directors have discretion to require some employees to work
a schedule different from the standard 9/80 schedule including a schedule that is not
9/80. Fridays when the CITY is not open for business are referenced as “off-Fridays.”
The work period (pay period) is the period encompassing two consecutive workweeks.
A holiday furlough will exist whereby the CITY operations are closed from December 24
through January 1 of every year. Employees shall utilize their available balances (annual
leave, compensatory time), if applicable. Employees that utilize unpaid leave due to
insufficient leave balance shall maintain regular benefit status.
VII. OVERTIME
FAIR LABOR STANDARDS ACT AND OVERTIME
Those employees eligible through the Fair Labor Standards Act for overtime shall
receive it in the following way:
1) Overtime for all eligible UNION members shall be defined as any time
worked beyond the standard workday or beyond the standard work
week as described above. The 9/80 work schedule may not be used in
any application that requires entitlement to FLSA overtime as the
CITY and UNION agree to the 9/80 work schedule;
2) Overtime compensation shall be computed at one-and-a-half times the
employee’s regular rate of pay for hours in excess of 9 hours in one
day or for time worked over 40 hours in one workweek and two times
for hours in excess of 13 hours in one day or 60 hours in one work
week;
3) CITY agrees to include paid leave time taken as time worked for
purposes of calculating eligibility for overtime pay for all regular non-
exempt positions in the CITY service;
4) All overtime is to be approved in advance and in writing by the
Department Head and accepted in writing by the employee. This
written confirmation is to be turned in with the employee’s time sheet
for each pay period.
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COMPENSATORY TIME OFF IN-LIEU OF OVERTIME
Supervisor Approval Required Before Work. An employee may opt to accrue
compensatory time-off ("CTO") in lieu of cash payment for overtime worked if
his or her supervisor agrees prior to overtime work being performed. Employees
must use CTO within 180 days of accrual unless otherwise approved by a
department director(s).
Accrual Rate CTO accrues at the rate of 1.5 hours for each hour worked over 40
hours of actual work in the employee’s work week.
Employee Requests to Use CTO The City will grant an employee’s request to use
accumulated CTO provided that: (1) the department can accommodate the use of
CTO on the day requested without undue disruption; and (2) the employee makes
the request no later than five days prior to the date requested. If the employee
does not provide five days’ notice, or if the department cannot accommodate the
time off, the City will provide the employee the opportunity to cash out the CTO
requested at the end of the current pay period.
City Cash Out The City reserves the right to cash out accumulated CTO at any
time.
Employee Cash Out During employment, CTO is cashed out at the employee’s
current FLSA regular rate of pay (including all FLSA-applicable salary
differentials). Employees separating from City service shall be compensated for
all accrued, unused compensatory hours at the current FLSA regular rate of pay,
or the average regular rate for the prior three years, whichever is higher.
VIII. CALL OUT PAY
Non-exempt employees who are called out to perform work of an emergency
nature are compensated at their regular rate of pay for a minimum three hours for
each occurrence at one and one-half times (1.5) the hourly rate, on weekends
between 6:00 P.M. Friday (or Thursday if the next day is an “off-Friday” under
the CITY’s 9/80 work schedule) and 5:59 A.M. Monday, and on holidays.
Employees will be compensated from the time they leave their residence until
their direct return home after being released from the assignment. A second
callout while responding to the first does not restart the clock.
IX. STANDBY PAY
Non-exempt employees and Maintenance Supervisors may be assigned to standby
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duty as determined by the City Manager or Department Head. Anticipated events
or seasons that would trigger standby duty include storms/storm season or the
period of holiday work furlough. Employees assigned to standby duty must report
for duty within one hour of notification and be able to perform the duties as
assigned. Employees assigned to standby duty will be issued a City cell phone
and must respond with a telephone call. Employees are compensated $ 37.50 for
each weeknight, defined as from the end of the work day’s shift to the beginning
of the next day’s shift, and $75.00/day for each weekend defined as the end of the
workday Thursday or Friday to the beginning of the next workday (off-Friday,
Saturday, Sunday), or holiday assigned to standby status.
X. MEAL REIMBURSEMENT
The CITY will provide a meal or reimburse the cost of a meal up to $10 for each
employee who is required to work extended overtime or who is required to work on
extended emergency call out. Meal reimbursement is available if the employee
works in excess of ten (10) consecutive hours during a scheduled workday or if the
employee works in excess of four (4) hours during an emergency call out. Two
meals will be provided if work is required in excess of eight (8) hours during an
emergency call out.
XI. PRODUCTIVITY/GOALS
Employees and Management agree to cooperate and assist in improving productivity
through assistance in developing:
A. A more positive work environment.
B. Innovative techniques for improving operational activities.
C. Increased accuracy.
D. Methods to maximize time usage.
E. More effective communication with the public and other departments.
XII. EMPLOYEE BENEFITS
The City of Saratoga currently offers the benefits listed below. For a detailed
description of these benefits, employees should refer to the brochures distributed
by the individual plan providers.
A. Discretionary Benefits All regular City employees, who are scheduled to
work, at least 40 hours per week, are eligible for the following benefits. The
City’s contribution for regular part-time employees and full-time employees
working less than 40 hours per week will be prorated in proportion to the
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number of hours worked or accrued leave hours paid.
B. Health Insurance The City contracts with the California Public Employees
Retirement System for the PERS health benefits program which includes
Kaiser and Blue Shield Health Management Organizations and preferred
provider basic health plans, PERS Choice and PERS Care.
Employees may enroll in the plan of their choice; however, some plans
require that an employee live within a specific geographic area.
The effective date of health coverage is the first day of the month following
the employee’s date of hire.
The health premium is a percentage of the premium paid by the employee.
Effective July 1, 2006, the City pays 100% of the premium, unless
otherwise negotiated by individual bargaining units. Health in-lieu
payments are made to employees who do not elect health insurance. For
employees who elect to enroll in the PERS Care plan, the City will
contribute the amount equal to the Kaiser, Blue Shield, or PERS Choice
plan premium, whichever is greater, dependent on the plan choice (i.e.
employee only, employee &1 dependent, or employee & 2+ dependents).
If an employee and spouse are both City employees, only one employee is
allowed to carry health coverage. One employee may choose to enroll in
family coverage and the other employee must waive their health plan
coverage and be enrolled as a dependent.
The health in-lieu payment is not an option for married couples or domestic
partners (pursuant to Family Code sections 297, et seq.) employed with the
Agency.
C. Dental Insurance The City contracts with Delta Dental, a preferred provider
plan, and Delta Care, a management organization plan. The dental
premiums are 100% paid by the City. Dental in-lieu payments are made to
employees who do not elect dental insurance coverage.
The effective date of dental coverage is the first day of the month following
the employee date of hire.
The dental in-lieu payment is not an option for married couples employed
with the City.
D. Deferred Compensation (457 Plan) The City provides employees the
opportunity to contribute toward an IRS Section 457 deferred compensation
plan. Employees may contribute an amount up to a federally mandated
maximum per calendar year on a pre-taxed basis.
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E. Retirement Plan The City is a contracting agency of the California Public
Employees Retirement System (PERS). Regular employees become
members immediately upon employment and become vested after five (5)
years of service. The City pays the employees’ required contribution (7% of
employee’s compensation) in addition to the City’s contribution as a
contracting employer. The City through its contract with PERS provides for
retirement benefits including 2% at 55 (effective September 1, 1999), one
year final compensation, service credit at retirement for unused annual
leave, 1959 survivor benefits (Level 3) if death occurs prior to retirement
and after retirement, continuance of benefits to employee’s survivor. This
information is outlined in detail in the booklet “PERS Benefits for Local
Miscellaneous Members”. In addition, the CITY’s PERS contract allows
veteran employees to purchase years of military service for retirement
credit.
Employees represented by UNION participate in a “Retired Employees
Medical Expense Reimbursement Program” funded through a monthly
deduction from each employee’s paycheck in an amount equal to five percent
(5%) of the employee’s health insurance premium. Through the program, the
CITY, from the proceeds of the employees’ payroll deductions, reimburses
medical expenses of retired employees represented by UNION, with at least
twenty years of service to the CITY, a maximum $200 monthly until the retired
employee is eligible for Medi-Care. Employees must comply with CITY
procedures and submit proof of expenses to receive reimbursement. If an
employee has not worked full-time for at least ten of the twenty years of
service, the $200 maximum medical reimbursement will be pro-rated based on
the employee’s full time equivalency in the last ten years of service.
F. Short Term Disability Insurance The City will pay 75% of an employee’s full
salary and maintain existing insurance benefits, subject to eligibility
requirements, for an employee on a disability leave, for six months from the
date of the qualifying injury or illness. Short term disability payments will
commence only after 12 continuous working days during which the
employee is totally disabled, or when all accrued paid time off is exhausted,
whichever is later. Short term disability payments are reported to PERS as
salary earned. An employee on disability leave is entitled to accrue paid
time off within the six (6) month period after the date of injury or illness and
the accrual of paid time off shall be prorated based on the number of hours
of paid time off that is being utilized by the employee. Upon exhaustion of
all PTO, an employee on short term disability leave shall no longer accrue
paid time off. In other words, while an employee is receiving the short-term
disability payment of 75% of an employee’s full salary, the employee will
not accrue paid time off.
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G. Long Term Disability Insurance The City provides a long term disability plan
to provide an employee with income protection. The City will pay 75% of an
employee’s full salary and maintain existing employee benefits for the first six
(6) months. Following the six (6) months, the group insurance policy will
cover 66% of the employee’s salary up to a maximum of $2,000 per month. If
the disability is job related, the City will maintain existing employee benefits
for twelve (12) months. Benefits will be reduced for income received through
social security, workers’ compensation and/or California State Disability
Insurance (SDI). Payments made to the disabled employee through this group
policy are not reported to PERS as salary earned.
Employee’s whose salaries exceed $3,000 monthly are eligible to purchase
additional long term disability insurance; however, availability of the plan is
subject to the carrier’s minimum requirement of ten (10) enrollees.
H. Life Insurance and Accidental Death Insurance The CITY provides for
$50,000 of life and accidental death and dismemberment insurance for all non-
management and $100,000 of life and accidental death and dismemberment
insurance for mid-management employees. UNION members designated mid-
management include; Streets Supervisor and Parks Supervisor. Coverage shall
begin first day of the month following date of hire and ends on the date of
separation. Employees may purchase additional life insurance for themselves
and/or their dependents; however, availability of additional insurance is subject
to the group carrier's requirements.
I. Employee Assistance Program Counseling services are available to
employees and their immediate family. Programs include personal financial
management, stress management; marital and related domestic issues, drug
or alcohol dependency, and other personal and work related issues.
J. Flexible Medical Spending Plan Under Section 125 of the Internal Revenue
Code, the employee may divert, on a pre-tax basis, up to a federally
prescribed maximum of salary per year into a Medical Flexible Spending
Account for eligible out-of -pocket medical and dental expenses.
K. Dependent Care Spending Plan Under Section 125 of the Internal Revenue
Code, the employee may divert, on a pre-tax basis, up to a federally
prescribed maximum of salary per year into a Dependent Care Flexible
Spending Account for eligible out -of pocket dependent care expenses.
Any employee who declines to accept coverage in the PERS Health Program,
evidenced by signing a waiver form, shall receive a monthly Benefits
Allowance of $118.75.
Any employee who declines to accept coverage in the Delta Dental Plan,
evidenced by signing a waiver form, shall receive a monthly Benefits
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Allowance of $25.
The monthly Benefits Allowance for regular part-time employees and full time
employees working less than full time will be pro-rated in proportion to the
number of hours worked or accrued leave hours paid.
L. Long Term Care Employees may purchase long term care insurance through
a group benefits program administered by PERS.
M. Legislated Benefits The following benefits are mandated by law and apply
to all City employees:
N. Workers’ Compensation This insurance, paid by the City, assists employees
in the event they become injured on the job or become ill due to their job.
O. Unemployment Insurance Compensation The State Unemployment Insurance
program, paid by the City, provides employees with an income who become
unemployed through no fault of their own.
P. Consolidated Omnibus Budget Reconciliation Act of 1986 (COBRA) A
federal health Insurance law that requires employers to offer employees and
their family members continued participation in employer’s group health
insurance program, at special rates, following a “qualifying event, “including
going on unpaid status while on a California Family Rights Act (CFRA) or
Family Medical Leave Act (FMLA) leave and termination from employment.
Q. Health Insurance Portability and Accountability Act (HIPPA) A federal law
that limits the circumstances under which medical coverage may be excluded
for pre-existing medical conditions and protects the dissemination of certain
health-related information.
XIII. PAID TIME OFF (PTO)
The City provides Paid Time Off (PTO), also referred to as annual leave, benefits to
regular full-time employees for the purpose of rest, relaxation, and planned
interruptions from the workplace including vacation, illness, caring for children,
school activities, medical/dental appointments, personal business, or emergencies.
The City encourages employees to take time off in order to receive the personal
replenishment value intended. All use of PTO is to be scheduled in advance and
approved by a supervisor except in the case of illness or an emergency. PTO must be
taken by exempt employees only in increments of (4) hours or more in a workday (29
CFR 541.710 Employees of Public Agencies). For example, where the employee
leaves work for four or more hours early prior to the start of a vacation period.
Eligibility All regular full-time employees are eligible to take and/or accrue
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paid time off based on their continuous length of service, measured from the date
of hire. Continuous length of service is defined as service that is uninterrupted by
termination of employment and subsequent rehire by the City or a break in service
that has been bridged.
Paid Time Off (PTO) Accrual The amount of PTO earned each year is
based on the employee’s continuous length of service. PTO hours are calculated
as earned on a bi-weekly accrual schedule. All PTO hours are based on
compensated work hours. Therefore, PTO accruals for regular part-time
employees scheduled to work less than 40 hours per week, shall be prorated
accordingly. Employees will not accrue PTO hours while on unpaid status.
Paid Time Off (PTO) Accrual Schedule for Full-Time Employees
Years of Service Days Accrued Hours Accrued Maximum Annual
Accrual Hours
Years 0 thru 5 22 176 600
After 5 years 27 216 600
After 10 years 32 256 600
Maximum Annual Accrual and PTO Sellback and Optional End of Fiscal
Year Payout
There is a cap on the amount of PTO time an employee can accumulate.
Employees may carry over up to 600 unused PTO hours from calendar year to
calendar year. Any hours in excess of 600 on the books as of December 31 each
year will be automatically paid out to the employee at the employee’s regular rate
of pay, based on length of service at the following rates:
Service Length % Payout
Years 0 thru 5 50%
After 5 years 75%
After 10 years 100%
Employees may be paid at the employee’s regular rate of pay, at their request,
each January for their accrued leave in excess of 160 hours as of December 31,
based on length of service at the rates above.
PTO Upon Termination Upon separation from City service, the City will pay
100% of the employee’s accrued paid time off at the employee’s regular rate of
pay. When an employee voluntarily resigns from employment, no paid time off
may be used between the time of the notice of resignation is given and the
employee’s last day of work unless authorized by the City Manager.
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Payout at Retirement Upon retirement from City service, an employee
must use at least half of their accrued paid time off for the purpose of obtaining
additional service credit under PERS. Employees may choose to use all of his/her
accrued paid time off as sick leave for service credit. If an employee chooses to
apply less than 100% of his/her paid time off toward PERS service credit, the City
will pay 100% of the employee’s accrued paid time off at the employee’s regular
rate of pay.
Administrative Leave Administrative Leave is compensated time off given to
regular, full-time exempt employees of the City. This leave shall be taken in a
manner consistent with PTO. Use of administrative leave is a privilege and is
provided in recognition that City projects often require employees to devote
whatever hours are necessary, irrespective of a regular scheduled workweek, to fulfill
the obligations of the job.
CITY shall grant UNION members in exempt classifications, on a fiscal year basis,
twenty (20) hours of administrative leave.
Administrative Leave must be taken by exempt employees only in increments of
(4) hours or more in a workday (29 CFR 541.710 Employees of Public Agencies).
For example, where the employee leaves work for four or more hours early to
take care of personal business.
Administrative Leave cannot be carried over from year to year and must be used
by June 30th of the fiscal year. Administrative Leave must be exhausted prior to
using PTO.
C. Holidays
The CITY observes the following paid holidays:
(1) New Year’s Day January 1
(2) Martin Luther King's Birthday 3rd Monday in January
(3) President's Day 3rd Monday in February
(4) Memorial Day Last Monday in May
(5) Independence Day July 4
(6) Labor Day 1st Monday in September
(7) Columbus Day 2nd Monday in October
(8) Veteran's Day November 11
(9) Thanksgiving Day 4th Thursday in November
(10) Day after Thanksgiving Friday after Thanksgiving
(11) Christmas Eve December 24
(12) Christmas Day December 25
(13) New Year's Eve December 31
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Agreement Between The City of Saratoga and UNION
19
If a holiday falls on a Saturday, the preceding Friday will be observed. If a holiday falls
on a Sunday, the following Monday will be observed. In those years in which one of the
Christmas and/or New Year’s holidays falls on a weekend, the Friday preceding the
weekend and the Monday following the weekend shall be observed as holidays. If a
holiday falls on an off-Friday, the holiday will be observed on the preceding Thursday.
In general, holidays shall be compensated as a regular day’s salary.
If a holiday occurs when an employee is using annual leave, the holiday will not be charged
against the employee's annual leave balance. In order to receive holiday pay, an employee
must be on the payroll on the last regularly scheduled workday preceding the holiday and the
first regularly scheduled work day following the holiday with two exceptions:
1. An employee on Disability Leave shall only be entitled to receive holiday pay within the
six-month period after the date of injury/illness. If the employee is using annual leave when
the holiday occurs, payment for the holiday shall be prorated to the amount of annual leave
being used in the pay period in which the Holiday falls. If the employee is receiving Short
Term Disability payments in the pay period when the holiday occurs, payment for the
holiday shall be at 75% of the employee’s regular rate of pay.
2. An employee on Industrial Injury Leave shall be entitled to receive full holiday pay
within the six-month period after the date of injury/illness. After six months, holiday pay
shall be prorated to the amount of annual leave, if any, being used by the employee.
D. Jury Duty Leave
Employees who are called for jury duty continue to receive full pay and benefits for that
period of absence. An employee shall be paid the difference between his or her regular
salary rate and the amount of cash pay received, except travel pay, for jury duty. The time
spent on jury duty is not work time for purposes of calculating overtime compensation.
E. Military Leave
An employee in a reserve component of the armed forces of the United States is entitled to
temporary military leave not to exceed l80 calendar days during any period of ordered duty
for active military training. An employee who has been employed by a public entity,
including prior military service, for at least one year immediately prior to the day on which
the absence begins is entitled to receive full salary and benefits during the first 30 calendar
days of such temporary military leave, in addition to whatever pay is received from the
federal government for training. Pay for such purposes shall not exceed 30 days in any one
fiscal year.
F. Industrial Injury Leave
This is leave for an on-the-job injury or illness. Beginning on the date of injury/illness, the
CITY shall pay an employee's full salary for up to the first three consecutive workdays of
any absence due to any one injury or illness. In the event that such leave exceeds three
consecutive workdays, the employee shall be entitled to Workers Compensation benefits as
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Agreement Between The City of Saratoga and UNION
20
prescribed by law. Monies paid through a third party administrator are not reported to PERS
as salary earned. In addition, the employee may use annual leave to supplement Workers
Compensation benefits up to his/her full salary. An employee on Industrial Injury Leave will
continue to receive full CITY paid insurance benefits (medical, dental, life, and long term
disability) for up to 12 months from the date of injury/illness.
In the event that an employee suffers an injury or illness on the job, whether or not medical
treatment is necessary, he or she must advise the supervisor at once and fill out an employee
claim form. An employee must also indicate on their time card any time off taken due to an
on-the-job injury or illness, or for related follow-up medical appointments.
Upon return to work from an Industrial Injury Leave, an employee shall provide a written
statement from a doctor to his/her immediate supervisor stating that a specified number of
appointments are necessary for Workers Compensation approved treatment. This shall occur
before the scheduling of treatment begins. Employees shall be expected to the extent
possible to schedule appointments for follow-up medical treatments so as to minimize the
inconvenience to fellow employees and the impact on the employee’s ability to perform
his/her job.
G. Leave Without Pay
It is not the policy of the CITY to grant leaves of absence under most circumstances. In
cases of hardship or for other good and sufficient reasons, the City Manager may grant
leaves of absence upon written request by an employee, for a period up to 90 days. The
employee will not accrue any annual leave while on leave without pay and the leave period
will be considered as discontinuous service. During the time an employee is on leave
without pay, the CITY may discontinue paying for insurance benefits on behalf of the
employee, although the employee shall have the option to continue benefits at his/her own
cost.
XIV. RETIREMENT (PERS)
The City maintains a Retirement Reserve Fund on its books to ensure sufficient funds exist to
provide this benefit to all current employees through age 55, (i.e. for 35 years or through the year
2034). Funds deposited into the Retirement Reserve Fund by the CITY, along with all interest
accruing thereto, shall belong to the CITY and shall be commingled with the CITY’s investment
portfolio. In October of each year, the CITY shall review the past and projected performance of
the Retirement Reserve Fund, along with actuarial data provided by PERS, to determine the
amount to be deposited into the Retirement Reserve Fund on July 1. By May 1 of each year, the
CITY shall report to UNION the amount of its next contribution to the Retirement Reserve Fund
along with the assumption used to determine the contribution amount.
Employees who retire from the City of Saratoga and who are enrolled in a PERS-sponsored
health plan at the time of separation are eligible to continue their coverage, through the
“Retired Employees Medical Expense Reimbursement Program” as described in section
XII.E.
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Agreement Between The City of Saratoga and UNION
21
The parties agree to a scheduled reopener in 2009 for the purpose only of discussing the
financial feasibility of enhancing the City’s retirement package with PERS (i.e., moving from
the current 2% at 55 to 2.5% at 55). The discussion will be limited to (1) PERS financial
situation and whether it will become superfunded and, therefore, require a smaller
contribution from the City; and (2) the City’s financial situation and whether the City can
afford to fund all or part of an enhanced retirement for employees. The parties will schedule
a time for the reopener in 2009 within 60 days after the City receives an actuarial valuation
from PERS of the cost of 2.5% at 55 and the discussions will not extend beyond 60 days of
the reopening.
XV. UNIFORM AND CLOTHING ALLOWANCES
Each regular full-time Park and Street Maintenance employee shall receive an allowance of $400
(four-hundred dollars) per fiscal year for the purchase of pants and safety boots, and for uniform
cleaning. Three shirts per employee per year are purchased directly by the CITY, in colors
designated by the department head. The Uniform and Clothing Allowances shall be paid on the
second pay date in July. The Uniform and Clothing Allowances shall be prorated from the date
of hire for a newly hired employee.
Uniform and clothing allowances are reported to PERS as salary earned.
XVI. TUITION REIMBURSEMENT
All regular employees of the CITY who have been employed continually for at least three (3)
months prior to the commencement of an approved or required course are eligible for the City’s
tuition reimbursement program.
A. Coursework for Degree or Certificate
If the course(s) taken is/are job related or in fulfillment of the requirements for a degree or
certificate, one-hundred percent (100%) reimbursement will be afforded for tuition, fees and
books by the CITY up to a maximum of one thousand dollars ($1,000) per employee per fiscal
year. The Department Head and City Manager will determine job-relatedness.
B. Coursework for Professional Development
If the course(s) is/are not specifically related to the employee’s current position, and does not
fulfill the requirements for a degree or certificate, but does provide for professional development
related to the worker’s position of employment or a higher position in the City, reimbursement
will be afforded for tuition, fees and books by the CITY at one-hundred percent (100%), up to a
maximum five hundred dollars ($500) per employee per fiscal year.
Reimbursement will be afforded after successful completion of the course(s) requirements.
Successful completion is defined as a "C" grade or a "Pass" on a pass-fail system.
XVII. ARBITRATION AND GRIEVANCE PROCEDURE
If the Union believes that the City has violated this Agreement, such matters arising during
the term of this Memorandum of Understanding (“grievances”) will be resolved through this
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Grievance Procedure, which is the sole and exclusive method of doing so.
STEP (1) The Union Representative will attempt to resolve the matter with the
supervisor. If the matter is not resolved the Union will file a written grievance with the City’s
Human Resources Representative within fifteen days after the employee or Union is aware or
reasonably should be aware of the act or omission that caused the grievance. The grievance
shall specify the date(s) of the alleged violation(s) and the provisions of the Agreement
applicable to the dispute. A grievance not filed in writing within the above time shall be
invalid, excepting any complaint relative to wages shall not be deemed invalid until thirty
(30) days subsequent to origin of cause of the complaint and in no event shall an employee
be deprived of actual wages due. The Company shall notify the Union of the name, address,
telephone number and fax number of the City’s designated Human Resources representative
no later than five (5) working days after this Agreement has been ratified and no later than
five (5) working days from the date the City assigns the Human Resources representative
duties to a different individual
STEP (2) The City shall answer the grievance in writing within ten (10) working days
after the written grievance is filed. The Company Human Resources representative and the
Union will discuss the grievance during this period. If the grievance is not settled, the Union
may advance it to Step 3 by giving written notice to the City Manager within five (5)
working days after the City answers the grievance in writing. If the City does not timely file
an answer, the grievance will automatically advance to Step 3 and the Union may deliver
written notice of arbitration immediately. The City shall notify the Union of the name,
address, telephone number and fax number of the City’s Manager no later than five (5)
working days after this Memorandum of Understanding has been ratified and no later than
five (5) working days from the date the City assigns the City Manager representative duties
to a different individual.
STEP (3) During the five (5) working days after a grievance advances to Step 3, the
City Manager and the Union will attempt to settle it. If it is not settled during that five (5)
day period, the Union may advance it to Arbitration by delivering written notice to the City
Manager within ten (10) working days after the end of the five (5) working day period. In the
absence of such written notice, the grievance will be settled on the basis of the City’s answer.
The time limits in this Grievance Procedure may be extended by written agreement. Each
party will provide the other with a current address of that party’s representatives identified
above.
ARBITRATION
(a) Upon filing by the Union of an appeal to arbitration as provided in Step 3 of the
Grievance Procedure, the parties will promptly attempt to agree on an independent arbitrator
to hear and resolve the grievance.
(b) If the parties are unable to agree on an arbitrator within five (5) working days after
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the Union delivers the notice of appeal to arbitration, either party may apply to the State
Mediation and Conciliation Service for a panel of seven arbitrators who are members of the
National Academy of Arbitrators. The party applying for the list will request that the list be
sent by the SMCS to both parties.
(c) Upon receipt of the list, the parties will promptly select an arbitrator to hear and
decide the grievance by alternately striking names from the list (coin toss for first strike)
until only one remains, and s/he will be the arbitrator for the case.
(d) The arbitrator will decide the case by a written opinion following the hearing. The
Arbitrator’s decision will be final and binding provided that the arbitrator’s decision is based
on the provisions of this Agreement as written and does not add to, subtract from or ignore
any provision of this Agreement. Either party may have a transcript of the hearing made, but
in that event that party will pay for the transcript.
(e) The fees and expenses of the arbitrator will be paid one-half by each party. Each
party’s own expenses will be paid by that party.
XVIII. ALCOHOL AND DRUG ABUSE POLICY
Purpose It is the intention of this policy to eliminate substance abuse and its effects in the
workplace. While the City of Saratoga has no intention of intruding into the private lives of
its employees, involvement with drugs and alcohol can take its toll on job performance and
employee safety. Employees must be in a condition to perform their duties safely and
efficiently, in the interest of their fellow workers and the public, as well as themselves. The
presence of drugs and alcohol on the job, and the influence of these substances on employees
during working hours, are inconsistent with this objective.
Employees who think they may have an alcohol or drug usage problem are urged to
voluntarily seek confidential assistance from the Employee Assistance Program Counselor.
While the City will be supportive of those who seek help voluntarily, the City will be equally
firm in identifying and disciplining those whose continued substance abuse, even if enrolled
in counseling or rehabilitation programs, results in performance problems, danger to the
health and safety of others and themselves and/or violations of federal, state or City
laws/policy.
Supervisors will be trained to recognize abusers and become involved in this control process.
Alcohol or drug abuse will not be tolerated, and disciplinary action, up to and including
termination, will be used as necessary to achieve this goal.
This policy provides guidelines for the detection and deterrence of alcohol and drug abuse. It
also outlines the responsibilities of City managers and employees. To that end, the City will
act to eliminate any substance abuse (alcohol, illegal drugs, prescription drugs or any other
substance which could impair an employee’s ability to safely and effectively perform the
functions of the particular job) which increases the potential for accidents, absenteeism,
substandard performance, poor employee morale or damage to the Agency’s reputation. All
persons covered by this policy should be aware that violations of the policy may result in
discipline, up to and including termination, or in not being hired.
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In recognition of the public service responsibilities entrusted to the employees of the City,
and that drug and alcohol usage can hinder a person’s ability to perform duties safely and
effectively, the following policy against drug and alcohol abuse is hereby adopted by the
City.
Policy It is City policy that employees shall not be impaired by or have in their biological
system, or be in possession, of alcohol or drugs while on City property, at work locations, or
while on duty or subject to being called to duty, and that employees shall not sell or provide
drugs or alcohol to any other employee or person while on duty or subject to being called to
duty.
While use of validly prescribed medications and drugs does not violate this policy per se,
failure by an employee to notify his/her supervisor, before beginning work, when taking
medications or drugs which could foreseeably interfere with the safe and effective
performance of duties, or the operation of City equipment, can result in discipline, up to and
including termination. In the event there is a question regarding an employee’s ability to
safely and effectively perform assigned duties while using such medications or drugs,
clearance from a qualified physician may be required.
The City reserves the right to search, without employee consent, all areas and property in
which the City maintains control or joint control with the employee. Otherwise, the City
may notify appropriate law enforcement agencies that an employee may have illegal drugs in
his or her possession or in an area not jointly or fully controlled by the City.
Refusal to immediately submit to an alcohol and/or drug analysis when requested by City
management or law enforcement personnel, or refusal to submit to a search of personal
properties if requested by law enforcement personnel, may constitute insubordination and be
grounds for discipline, up to and including termination.
Employees reasonably believed to be under the influence of alcohol or drugs shall be
prevented from engaging in further work and shall be detained for a reasonable time until he
or she can be safely transported from the work site.
The City is committed to providing reasonable accommodation to those employees whose
drug or alcohol problem classifies them as disabled under federal and/or state law.
The City has established a voluntary Employee Assistance Program (EAP) to assist those
employees who voluntarily seek help for alcohol or drug problems. The City will provide
separate written notice of the availability of this program to all employees. Employees
should contact their supervisors of the EAP Counselor for additional information.
Application This policy applies to all employees of and to all applicants for positions with
the City. This policy applies to alcohol and drugs, including all substances, drugs or
medications, whether legal or illegal, which could impair an employee’s ability to effectively
and safely perform the functions of the job.
Employee Responsibilities
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An employee must:
• Not report to work or be subject to duty while his or her ability to perform job
duties is impaired due to on or off duty alcohol or drug use;
• Not possess or use alcohol or impairing drugs, including illegal drugs and
prescription drugs without a prescription, during working hours or while subject
to duty, on breaks, during meal periods or at anytime while on City property;
• Not directly or through a third party sell or provide drugs or alcohol to any
person, including any employee, while either or both employees are on duty or
subject to being called to duty;
• Submit immediately to an alcohol or drug test when requested by a City
representative;
• Notify his or her supervisor, before beginning work, when taking any
medications or drugs, prescription or non-prescription, which may interfere
with the safe and effective performance of duties or operation of City
equipment; and
• Provide within 24 hours of request, bona fide verification of a current valid
prescription for any potentially impairing drug or medication identified when a
drug screen/test is positive. The prescription must be in the employee’s name.
Management Responsibilities
• Managers and supervisors are responsible for reasonable enforcement of this
policy.
• Managers and supervisors may request that an employee submit to a drug and/or
alcohol test when a manager or supervisor has a reasonable suspicion that an
employee is intoxicated or under the influence of drugs or alcohol while on the
job or subject to being called.
• “Reasonable suspicion” is a belief based on objective facts sufficient to lead a
reasonably prudent supervisor to suspect that an employee is under the
influence of drugs or alcohol so that the employee’s ability to perform the
functions of the job is impaired or so the employee’s ability to perform his or
her job safely is reduced.
• For example, any of the following, alone or in combination, may constitute
reasonable suspicion depending upon the circumstances in which the behavior
is observed and/or reported:
Slurred speech;
Alcohol odor on breath;
Unsteady walking and movement;
An accident involving City property, where it appears the
employee’s conduct is at fault;
Physical altercation;
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Verbal altercation;
Unusual behavior;
Possession of alcohol or drugs;
Information obtained from a reliable person with personal
knowledge.
• Any manager or supervisor requesting an employee to submit to a drug and/or
alcohol test should document in writing the facts constituting reasonable
suspicion that the employee in question is intoxicated or under the influence.
• Any manager or supervisor encountering an employee who refuses an order to
submit to a drug and/or alcohol analysis upon request shall remind the
employee of the requirements and disciplinary consequences of this Policy.
Where there is reasonable suspicion that the employee is then under the
influence of alcohol or drugs, the manager or supervisor should arrange for the
employee to be safely transported home.
• Managers and supervisors shall not physically search the person of employees,
nor shall they search the personal possession of employees without the freely
given written consent of, and in the presence of, the employee.
• Managers and supervisors shall notify their Department Head or designee when
they have reasonable suspicion to believe that an employee may have illegal
drugs in his or her possession or in an area not jointly or fully controlled by the
City. If the Department Head or designee concurs that there is a reasonable
suspicion of illegal drug possession, the Department Head shall notify the
appropriate law enforcement agency.
Physical Examination and Procedure
The drug and/or alcohol test may test for any substance which could impair an employee’s
ability to perform effectively and safely the functions of his or her job, including, but not
limited to, prescription medication, alcohol, heroin, cocaine, morphine and its derivatives,
P.C.P., methadone, barbiturates, amphetamines, marijuana and other cannabinoids.
Testing shall be performed at a local medical facility selected by the City. The procedure
used shall require an unbroken chain of custody from sample collection to return of the
written report. A split sample (a test sample which is divided into portions for use in an
independent testing of positive samples) shall be preserved to provide an independent test. If
the initial test has positive results, the City shall conduct a confirmation test using a court
admissible testing technique. If the confirmation test has positive results, the employee may
re-test the sample at a laboratory of the employee's choice and at the employee's own
expense.
Results of Drug and/or Alcohol Analysis
Pre-Employment Physical
A positive result from a drug and/or alcohol analysis may result in the applicant not being
hired where the applicant’s use of drugs and/or alcohol could affect requisite job standards,
duties or responsibilities.
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If a drug screen is positive at the pre-employment physical, the applicant must provide,
within 24 hours of the request, bona fide verification of a valid current prescription for the
drug identified in the drug screen. If the prescription is not in the applicant’s name or the
applicant does not provide acceptable verification, or if the drug is one that is likely to impair
the applicant’s ability to perform the job duties, the applicant may not be hired.
During Employment Physical or Alcohol/Drug Tests
A positive result from a drug and/or alcohol analysis may result in disciplinary action, up to
and including, termination.
If the drug screen is positive, the employee must provide, within 24 hours of the request,
bona fide verification of a valid current prescription for the drug identified in the drug screen.
The prescription must be in the employee’s name. If the employee does not provide
acceptable verification of a valid prescription, or if the prescription is not in the employee’s
name, or if the employee has not previously notified his or her supervisor of the same, the
employee will be subject to disciplinary action, up to and including termination.
If an alcohol drug test is positive for alcohol or drugs, the City shall conduct an investigation
to gather all facts. The decision to discipline, up to and including termination, will be carried
out in conformance with the City’s discipline procedures.
Confidentiality
Laboratory reports and test results shall not appear in an employee’s general personnel file.
Information of this nature will be contained in a separate confidential medical folder that will
be securely kept under the control of the Human Resources Director. The reports or test
results may
be disclosed to City management on a strictly need-to-know basis and to the tested employee
upon request. Disclosures, without patient consent, may also occur when: (1) the
information is compelled by law or by judicial or administrative process; (2) the information
has been placed at issue in a formal dispute between the employee and employee; (3) the
information is to be used in administering an employee benefit plan; or (4) the information is
needed by medical personnel for the diagnosis or treatment of the patient who is unable to
authorize disclosure.
IX. DISCIPLINE POLICY
Unless otherwise specified by a memorandum of understanding, the following constitutes the
City’s policy regarding disciplinary actions:
A. Policy Coverage
The following categories of persons can be terminated at-will and have no rights to
any of the pre- or post-disciplinary processes or procedures in this Policy: (1)
temporary employees, (2) provisional or seasonal employees, (3) probationary
employees, (4) any person who serves pursuant to a contract, and (5) any person who
is designated “at-will” in any City policy, document, acknowledgement, resolution or
ordinance. Notwithstanding any provision in this policy, any regular employee who
is exempt from the overtime provisions of the Fair Labor Standards Act (FLSA) is
not subject to any disciplinary penalty which is inconsistent with his or her FLSA
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overtime-exempt status.
B. Causes for Discipline
Regular employees may be counseled, admonished, reprimanded, suspended,
demoted, discharged or incur a reduction in pay for disciplinary causes including but
not limited to:
1. Violation of the City’s Employment Standards, Standards of Conduct
or any department rule, City policy or City regulation, ordinance or
resolution;
2. Absence without authorized leave;
3. Excessive absenteeism and/or tardiness as defined by the employee’s
department director, these Policies, or Memorandum of
Understanding;
4. Use of disability leave in a manner not authorized or provided for
pursuant to the disability leave policy or other policies of the City;
5. Purposefully and knowingly making any false statement, omission or
misrepresentation of a material fact;
6. Providing wrong or misleading information or other fraud in securing
appointment, promotion or maintaining employment;
7. Unsatisfactory job performance;
8. Inefficiency;
9. Malfeasance or misconduct, which shall be deemed to include, but
shall not be limited to the following acts or omissions:
a. Conviction of a felony. "Conviction" shall be construed to be a
determination of guilt of the accused by a court, including a
plea of guilty or nolo contender (no contest), regardless of
sentence, grant of probation, or otherwise.
b. Damaging City property, equipment, or vehicles, or wasting
City supplies through negligence or misconduct.
10. Insubordination;
11. Dishonesty;
12. Theft;
13. Disobedience;
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14. Violation of the City’s or a department’s confidentiality policies, or
disclosure of confidential City information to any unauthorized person
or entity;
15. Misuse of any City property, including, but not limited to: physical
property, tools, equipment, City communication systems, or
Intellectual Property;
16. Mishandling of public funds;
17. Falsifying any City record;
18. Discourteous treatment of the public or other employees;
19. Failure to cooperate with employee's supervisors or fellow employees;
20. Violation of the City’s Drug-Free Workplace Policy;
21. Violation of the City's Use of City Property and Equipment Policy;
22. Violation of the City’s Policy Against Harassment, Discrimination and
Retaliation;
23. Violation of the City’s Workplace Security Policy;
24. Unapproved outside employment or activity that violates the City’s
Outside Employment policy, or other enterprise that constitutes a
conflict of interest with service to the City;
25. Any conduct that impairs disrupts or causes discredit to the City, the
employee's City employment, to the public service, or other
employee's employment;
26. Failure to comply with OSHA Safety Standards and City safety
policies;
27. Failure to report to his or her supervisor any contact with criminal
authorities (such as police) which may affect employment with the
City;
28. Altering, falsifying, and tampering with time records, or recording
time on another employee's time record; or
29. Working overtime without prior authorization.
C. Administrative Disciplinary Leave
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A department director may place an employee on an administrative disciplinary leave
with pay pending a potential disciplinary action. Administrative disciplinary leave
with pay is authorized: (1) when the department director believes that the employee's
continued presence at the work site could have detrimental consequences for City
operations, or (2) pending investigation into charges of misconduct. If the charges
against the employee are substantiated by the investigation, appropriate disciplinary
action may be taken in accordance with these procedures.
D. Types of Discipline
Counseling Memo A counseling memo shall be retained in the employee’s
personnel file, and may not be appealed under this policy.
Oral Admonishment or Reprimand An oral admonishment or reprimand shall be
memorialized in writing, become part of the employee’s personnel file, and may not
be appealed under this policy.
Written Admonishment or Reprimand A department director may reprimand an
employee by furnishing him/her with a written statement of the specific reasons for
reprimand. A copy of the reprimand will be retained in the employee’s personnel
file, and may not be appealed. The employee has the right to have a written rebuttal
attached to the reprimand in the employee’s personnel file.
Suspension A department director may suspend an employee from his or her
position for cause. Documents related to a suspension shall become part of the
employee’s personnel file. An employee subject to suspension will receive prior
written notice and appeal as provided herein. FLSA-exempt employees are not
subject to suspension except in work day or work week increments or for violations
of major safety rules.
Demotion A department director may demote an employee from his or her position
for cause. Documents related to a demotion shall become part of the employee’s
personnel file. An employee subject to demotion shall be entitled to the prior written
notice and appeal as provided herein.
Reduction in Pay A department director may reduce an employee’s pay for cause. A
reduction in pay for disciplinary purposes may take one of two forms: (1) a decrease
in salary to a lower step within the salary range, or (2) a decrease in salary paid to an
employee for a fixed period of time. Documents related to a reduction in pay shall
become part of the employee’s personnel file. An employee subject to a reduction in
pay shall be entitled to prior written notice and appeal as provided herein. FLSA-
exempt employees are not subject to reduction in pay.
Discharge A department director may discharge an employee from his or her
position for cause. Documents related to discharge shall become a part of an
employee’s personnel file. A discharged employee is entitled to prior written notice
and appeal based upon the terms described herein.
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E. Skelly Process – Pre-Disciplinary Procedure for Suspension, Demotion, Reduction in
Pay, or Discharge
Only regular, for-cause employees have the right to the conference and appeal
processes outlined in this Section.
Notice of Intent to Discipline The employee will be provided a written notice of
intent to discipline, copied to the City Manager that contains the following:
a. The level of discipline intended to be imposed;
b. The specific charges upon which the intended discipline is based;
c. A summary of the misconduct upon which the charges are based;
d. A copy of all written materials, reports, or documents upon which the
intended discipline is based;
e. Notice of the employee’s right to respond to the department director regarding
the charges within 5 calendar days from the date of the Notice, either by
requesting an informal conference, or by providing a written response, or
both;
f. Notice of the employee’s right to have a representative of his or her choice at
the informal conference, should he or she choose to respond orally; and
g. Notice that the failure to respond at the time specified shall constitute a
waiver of the right to respond prior to the imposition of discipline.
Employee’s Response and the Skelly Conference
a. If the employee requests an informal conference to respond orally to the
charge(s), the conference must be scheduled at least 7 calendar days after the
date of the Notice. The conference will be an informal meeting with the
department director, at which the employee has an opportunity to rebut the
charges against him or her and present any mitigating circumstances. The
department director will consider the employee’s presentation before
recommending any final disciplinary action.
b. The employee’s failure to make an oral response at the arranged conference time,
or the employee’s failure to cause his or her written response to be delivered
by the date and time specified in the notice, constitutes a waiver of the
employee’s right to respond prior to the imposition of the discipline. In that
case, the proposed disciplinary action will be imposed on the date specified.
Final Notice of Discipline
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a. After considering the employee’s response, or after the expiration of the
employee’s time to respond to the Notice of Intent, the department director
shall: (1) dismiss the notice of intent and take no disciplinary action against
the employee, or (2) modify the intended disciplinary action, or (3) impose the
intended disciplinary action. In any event, the department director shall
prepare and provide the employee with a notice, copied to the City Manager
that contains the following:
b. The level of discipline, if any, to be imposed and the effective date of the
discipline;
c. The specific charges upon which the discipline is based;
d. A summary of the misconduct upon which the charges are based;
e. A copy of all written materials, reports, or documents upon which the
discipline is based; and
f. A statement of the nature of the employee’s right to appeal.
F. Evidentiary Appeal to the City Manager
Request for Appeal Hearing A regular, for-cause employee may appeal from a final
notice of discipline in the form of suspension, demotion, reduction in pay, or
termination by delivering a written answer to the charges and a request for appeal to
the City Manager or designee. The written answer and request for appeal must be
received no later than 10 calendar days from the date of the department director’s
decision.
Delegation The City Manager or designee reserves the right to delegate his or her
authority to decide the appeal to an outside hearing officer to be chosen by the City
Manager or designee.
Date and Time of the Appeal Hearing The City Manager will set a date for an appeal
hearing within a reasonable time after receipt of a timely written answer and request
for appeal. An employee who, having filed a timely written answer and request for
appeal, has been notified of the time and place of the appeal hearing, and who fails to
appear personally at the hearing, may be deemed to have abandoned his or her appeal.
In such a case, the City Manager may dismiss the appeal.
Identification of Issues, Witnesses and Evidence No later than 10 days prior to the
appeal hearing, each party will provide each other and the City Manager a statement
of the issues to be decided, a list of all witnesses to be called (except rebuttal
witnesses), a brief summary of the subject matter of the testimony of each witness,
and a copy of all evidence (except rebuttal evidence) to be submitted at the hearing.
The City will use numbers to identify its evidence; the employee shall use alphabet
letters. Neither party will be permitted to call any witness during the hearing that has
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not been identified pursuant to this section, nor use any exhibit not provided pursuant
to this section, unless that party can show that they could not have reasonably
anticipated the need for the witness or exhibit. The City Manager will state at the
beginning of the hearing his or her decision as to the precise issue(s) to be decided.
Conduct of the Appeal Hearing
a. Subpoenas The City Council has authority, and may delegate the authority to
the City Clerk, to issue subpoenas in the name of the City prior to the
commencement of the hearing. Each party is responsible for serving
his/her/its own subpoenas. City employees who are subpoenaed to testify
during working hours will be released with pay to appear at the hearing. City
employees who are subpoenaed to testify during non-working hours will be
compensated for the time they actually testify unless the City agrees to a
different arrangement.
b. Continuances The City Manager may continue a scheduled hearing only upon
good cause shown.
c. Record of the Proceedings All disciplinary hearings may, at the discretion of
the parties, be either recorded by a court reporter or tape recorded.
d. The City Manager’s Authority During the Hearing The City Manager has the
authority to control the conduct of the hearing and to affirm, modify, or
revoke the discipline.
e. Conduct of the Hearing
(i) The hearing need not be conducted in accordance with technical rules
relating to evidence and witnesses, but hearings shall be conducted in
a manner the City Manager decides is the most conducive to
determining the truth.
(ii) Any relevant evidence may be admitted if it is the type of evidence
upon which responsible persons are accustomed to rely upon in the
conduct of serious affairs, regardless of the existence of any common
law or statutory rules which might make improper the admission of
such evidence over objection in civil actions.
(iii) Hearsay evidence may be used for the purpose of supplementing or
explaining any direct evidence, but over timely objection shall not be
sufficient in itself to support a finding, unless such evidence would be
admissible over objection in civil actions. An objection is timely if
made before submission of the case.
(iv) All privileges recognized in civil proceedings apply.
(v) Irrelevant and unduly repetitious evidence may be excluded.
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(vi) The City Manager shall determine relevancy, weight and credibility of
testimony and evidence.
(vii) During the examination of a witness, all other witnesses, except the
parties, shall be excluded from the hearing upon the request of either
party.
(viii) All witnesses shall be sworn in for the record prior to testifying at the
hearing. The City Manager or the court reporter shall request each
witness to raise his or her right hand and respond to the following:
“Do you swear that the testimony that you are about to give at this
hearing is the truth, the whole truth, and nothing but the truth?”
f. Burden of Proof at the Hearing The City has the burden of proof by a
preponderance of the evidence.
g. Right to Due Process The employee shall have the following due process
rights during the hearing:
(i) The right to be represented by legal counsel or another chosen
representative, at his or her own expense;
(ii) The right to call and examine witnesses on his or her behalf;
(iii) The right to introduce evidence;
(iv) The right to cross-examine opposing witnesses on any matter relevant
to the issues;
(v) The right to impeach any witness regardless of which party first called
him or her to testify; and
(vi) The right to rebut evidence against him or her.
h. Hearing to be Closed to the Public The hearing will be closed to the public
unless the employee requests that it be open.
i. Presentation of the Case The parties will address their remarks, evidence, and
objections to the City Manager. All parties and their counsel or
representatives shall not disparage the intelligence, morals, or ethics of their
adversaries or of the City Manager. The City Manager may terminate
argument at any time and issue a ruling regarding an objection or any other
matter. The City Manager may alter the order of witnesses, limit redundant or
irrelevant testimony, or directly question the witness. The hearing shall
proceed in the following order unless the City Manager directs otherwise:
(i) The City shall be permitted to make an opening statement.
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(ii) The employee shall be permitted to make an opening statement.
(iii) The City shall produce its evidence.
(iv) The employee shall produce his or her evidence.
(v) The City, followed by the employee, may offer rebuttal evidence.
(vi) Closing arguments of no more than 20 minutes shall be permitted at
the discretion of the City Manager. The City shall have the right to
argue first, the employee may argue second, and the City may reserve
a portion of its argument time for rebuttal.
j. Written Briefs by the Parties The City Manager or the parties may request the
submission of written briefs. The City Manager will determine whether to
allow written briefs, the deadline for submitting briefs, and the page limit for
briefs.
Written Findings and Decision The City Manager shall render a statement of
written findings and decision within 30 days after the hearing has been
completed and the briefs, if any, have been submitted. The City Manager’s
decision is final.
Proof of Service of the Written Findings and Decision The City Manager
shall send his or her final statement of written findings and decision, along
with a proof of service of mailing, to each of the parties and to each of the
parties’ representatives. A copy shall also be distributed to the Human
Resources Manager.
Statute of Limitations The City Manager’s written findings and decision is
final. There is no process for reconsideration. Pursuant to Code of Civil
Procedure section 1094.6, the parties have 90 days from the date of the proof
of service of mailing of the written findings and decision to appeal the
decision to the Superior Court in and for the County of Santa Clara.
XX. SCOPE OF AGREEMENT
This MOU represents the entire and complete understanding reached between the representatives of
the CITY and the representatives of the UNION for the period designated and applies to all positions
represented by the UNION.
96
Agreement Between The City of Saratoga and UNION
36
97
Agreement Between The City of Saratoga and UNION
37
XXI. RATIFICATION
This MOU is subject to ratification by a majority vote of the members of the UNION. City Council
adoption of Resolution No. 07-_______ and ratification by the UNION will put the terms of this
MOU into effect.
Representative of the Representatives of the
City of Saratoga: Northern California Carpenters Regional Council,
Carpenters Forty Six Counties
Conference Board and Their Affiliated
Local Unions
Dave Anderson, City Manager Richard Torres
Date: Date:
Richard Amaro or assigned representative
Date:
Shawn Gardner
Date:
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Exhibit B
GOVERNMENT CODE
SECTION 3500-3511
"Meyers-Milias-Brown Act (MMBA)"
3500. (a) It is the purpose of this chapter to promote full
communication between public employers and their employees by
providing a reasonable method of resolving disputes regarding wages,
hours, and other terms and conditions of employment between public
employers and public employee organizations. It is also the purpose
of this chapter to promote the improvement of personnel management
and employer-employee relations within the various public agencies in
the State of California by providing a uniform basis for recognizing
the right of public employees to join organizations of their own
choice and be represented by those organizations in their employment
relationships with public agencies. Nothing contained herein shall
be deemed to supersede the provisions of existing state law and the
charters, ordinances, and rules of local public agencies that
establish and regulate a merit or civil service system or which
provide for other methods of administering employer-employee
relations nor is it intended that this chapter be binding upon those
public agencies that provide procedures for the administration of
employer-employee relations in accordance with the provisions of this
chapter. This chapter is intended, instead, to strengthen merit,
civil service and other methods of administering employer-employee
relations through the establishment of uniform and orderly methods of
communication between employees and the public agencies by which
they are employed.
(b) The Legislature finds and declares that the duties and
responsibilities of local agency employer representatives under this
chapter are substantially similar to the duties and responsibilities
required under existing collective bargaining enforcement procedures
and therefore the costs incurred by the local agency employer
representatives in performing those duties and responsibilities under
this chapter are not reimbursable as state-mandated costs.
3500.5. This chapter shall be known and may be cited as the
"Meyers-Milias-Brown Act."
3501. As used in this chapter:
(a) "Employee organization" means either of the following:
(1) Any organization that includes employees of a public agency
and that has as one of its primary purposes representing those
employees in their relations with that public agency.
(2) Any organization that seeks to represent employees of a public
agency in their relations with that public agency.
(b) "Recognized employee organization" means an employee
organization which has been formally acknowledged by the public
agency as an employee organization that represents employees of the
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public agency.
(c) Except as otherwise provided in this subdivision, "public
agency" means every governmental subdivision, every district, every
public and quasi-public corporation, every public agency and public
service corporation and every town, city, county, city and county and
municipal corporation, whether incorporated or not and whether
chartered or not. As used in this chapter, "public agency" does not
mean a school district or a county board of education or a county
superintendent of schools or a personnel commission in a school
district having a merit system as provided in Chapter 5 (commencing
with Section 45100) of Part 25 and Chapter 4 (commencing with Section
88000) of Part 51 of the Education Code or the State of California.
(d) "Public employee" means any person employed by any public
agency, including employees of the fire departments and fire services
of counties, cities, cities and counties, districts, and other
political subdivisions of the state, excepting those persons elected
by popular vote or appointed to office by the Governor of this state.
(e) "Mediation" means effort by an impartial third party to assist
in reconciling a dispute regarding wages, hours and other terms and
conditions of employment between representatives of the public agency
and the recognized employee organization or recognized employee
organizations through interpretation, suggestion and advice.
(f) "Board" means the Public Employment Relations Board
established pursuant to Section 3541.
3501.5. As used in this chapter, "public agency" does not mean a
superior court.
3502. Except as otherwise provided by the Legislature, public
employees shall have the right to form, join, and participate in the
activities of employee organizations of their own choosing for the
purpose of representation on all matters of employer-employee
relations. Public employees also shall have the right to refuse to
join or participate in the activities of employee organizations and
shall have the right to represent themselves individually in their
employment relations with the public agency.
3502.1. No public employee shall be subject to punitive action or
denied promotion, or threatened with any such treatment, for the
exercise of lawful action as an elected, appointed, or recognized
representative of any employee bargaining unit.
3502.5. (a) Notwithstanding Section 3502 or 3502.6, or any other
provision of this chapter, or any other law, rule, or regulation, an
agency shop agreement may be negotiated between a public agency and a
recognized public employee organization that has been recognized as
100
the exclusive or majority bargaining agent pursuant to reasonable
rules and regulations, ordinances, and enactments, in accordance with
this chapter. As used in this chapter, "agency shop" means an
arrangement that requires an employee, as a condition of continued
employment, either to join the recognized employee organization or to
pay the organization a service fee in an amount not to exceed the
standard initiation fee, periodic dues, and general assessments of
the organization.
(b) In addition to the procedure prescribed in subdivision (a), an
agency shop arrangement between the public agency and a recognized
employee organization that has been recognized as the exclusive or
majority bargaining agent shall be placed in effect, without a
negotiated agreement, upon (1) a signed petition of 30 percent of the
employees in the applicable bargaining unit requesting an agency
shop agreement and an election to implement an agency fee
arrangement, and (2) the approval of a majority of employees who cast
ballots and vote in a secret ballot election in favor of the agency
shop agreement. The petition may only be filed after the recognized
employee organization has requested the public agency to negotiate on
an agency shop arrangement and, beginning seven working days after
the public agency received this request, the two parties have had 30
calendar days to attempt good faith negotiations in an effort to
reach agreement. An election that may not be held more frequently
than once a year shall be conducted by the Division of Conciliation
of the Department of Industrial Relations in the event that the
public agency and the recognized employee organization cannot agree
within 10 days from the filing of the petition to select jointly a
neutral person or entity to conduct the election. In the event of an
agency fee arrangement outside of an agreement that is in effect,
the recognized employee organization shall indemnify and hold the
public agency harmless against any liability arising from any claims,
demands, or other action relating to the public agency's compliance
with the agency fee obligation.
(c) Any employee who is a member of a bona fide religion, body, or
sect that has historically held conscientious objections to joining
or financially supporting public employee organizations shall not be
required to join or financially support any public employee
organization as a condition of employment. The employee may be
required, in lieu of periodic dues, initiation fees, or agency shop
fees, to pay sums equal to the dues, initiation fees, or agency shop
fees to a nonreligious, nonlabor charitable fund exempt from taxation
under Section 501(c)(3) of the Internal Revenue Code, chosen by the
employee from a list of at least three of these funds, designated in
a memorandum of understanding between the public agency and the
public employee organization, or if the memorandum of understanding
fails to designate the funds, then to any such fund chosen by the
employee. Proof of the payments shall be made on a monthly basis to
the public agency as a condition of continued exemption from the
requirement of financial support to the public employee organization.
(d) An agency shop provision in a memorandum of understanding that
is in effect may be rescinded by a majority vote of all the
employees in the unit covered by the memorandum of understanding,
provided that: (1) a request for such a vote is supported by a
petition containing the signatures of at least 30 percent of the
employees in the unit; (2) the vote is by secret ballot; (3) the vote
may be taken at any time during the term of the memorandum of
101
understanding, but in no event shall there be more than one vote
taken during that term. Notwithstanding the above, the public agency
and the recognized employee organization may negotiate, and by
mutual agreement provide for, an alternative procedure or procedures
regarding a vote on an agency shop agreement. The procedures in this
subdivision are also applicable to an agency shop agreement placed
in effect pursuant to subdivision (b).
(e) An agency shop arrangement shall not apply to management
employees.
(f) Every recognized employee organization that has agreed to an
agency shop provision or is a party to an agency shop arrangement
shall keep an adequate itemized record of its financial transactions
and shall make available annually, to the public agency with which
the agency shop provision was negotiated, and to the employees who
are members of the organization, within 60 days after the end of its
fiscal year, a detailed written financial report thereof in the form
of a balance sheet and an operating statement, certified as to
accuracy by its president and treasurer or corresponding principal
officer, or by a certified public accountant. An employee
organization required to file financial reports under the federal
Labor-Management Disclosure Act of 1959 (29 U.S.C. Sec. 401 et seq.)
covering employees governed by this chapter, or required to file
financial reports under Section 3546.5, may satisfy the financial
reporting requirement of this section by providing the public agency
with a copy of the financial reports.
3503. Recognized employee organizations shall have the right to
represent their members in their employment relations with public
agencies. Employee organizations may establish reasonable
restrictions regarding who may join and may make reasonable
provisions for the dismissal of individuals from membership. Nothing
in this section shall prohibit any employee from appearing in his
own behalf in his employment relations with the public agency.
3504. The scope of representation shall include all matters
relating to employment conditions and employer-employee relations,
including, but not limited to, wages, hours, and other terms and
conditions of employment, except, however, that the scope of
representation shall not include consideration of the merits,
necessity, or organization of any service or activity provided by law
or executive order.
3504.5. (a) Except in cases of emergency as provided in this
section, the governing body of a public agency, and boards and
commissions designated by law or by the governing body of a public
agency, shall give reasonable written notice to each recognized
employee organization affected of any ordinance, rule, resolution, or
regulation directly relating to matters within the scope of
representation proposed to be adopted by the governing body or the
designated boards and commissions and shall give the recognized
employee organization the opportunity to meet with the governing body
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or the boards and commissions.
(b) In cases of emergency when the governing body or the
designated boards and commissions determine that an ordinance, rule,
resolution, or regulation must be adopted immediately without prior
notice or meeting with a recognized employee organization, the
governing body or the boards and commissions shall provide notice and
opportunity to meet at the earliest practicable time following the
adoption of the ordinance, rule, resolution, or regulation.
(c) The governing body of a public agency with a population in
excess of 4,000,000, or the boards and commissions designated by the
governing body of such a public agency shall not discriminate against
employees by removing or disqualifying them from a health benefit
plan, or otherwise restricting their ability to participate in a
health benefit plan, on the basis that the employees have selected or
supported a recognized employee organization. Nothing in this
section shall be construed to prohibit the governing body of a public
agency or the board or commission of a public agency and a
recognized employee organization from agreeing to health benefit plan
enrollment criteria or eligibility limitations.
3505. The governing body of a public agency, or such boards,
commissions, administrative officers or other representatives as may
be properly designated by law or by such governing body, shall meet
and confer in good faith regarding wages, hours, and other terms and
conditions of employment with representatives of such recognized
employee organizations, as defined in subdivision (b) of Section
3501, and shall consider fully such presentations as are made by the
employee organization on behalf of its members prior to arriving at a
determination of policy or course of action.
"Meet and confer in good faith" means that a public agency, or
such representatives as it may designate, and representatives of
recognized employee organizations, shall have the mutual obligation
personally to meet and confer promptly upon request by either party
and continue for a reasonable period of time in order to exchange
freely information, opinions, and proposals, and to endeavor to reach
agreement on matters within the scope of representation prior to the
adoption by the public agency of its final budget for the ensuing
year. The process should include adequate time for the resolution of
impasses where specific procedures for such resolution are contained
in local rule, regulation, or ordinance, or when such procedures are
utilized by mutual consent.
3505.1. If agreement is reached by the representatives of the
public agency and a recognized employee organization or recognized
employee organizations, they shall jointly prepare a written
memorandum of such understanding, which shall not be binding, and
present it to the governing body or its statutory representative for
determination.
3505.2. If after a reasonable period of time, representatives of
the public agency and the recognized employee organization fail to
reach agreement, the public agency and the recognized employee
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organization or recognized employee organizations together may agree
upon the appointment of a mediator mutually agreeable to the parties.
Costs of mediation shall be divided one-half to the public agency
and one-half to the recognized employee organization or recognized
employee organizations.
3505.3. Public agencies shall allow a reasonable number of public
agency employee representatives of recognized employee organizations
reasonable time off without loss of compensation or other benefits
when formally meeting and conferring with representatives of the
public agency on matters within the scope of representation.
3505.4. If after meeting and conferring in good faith, an impasse
has been reached between the public agency and the recognized
employee organization, and impasse procedures, where applicable, have
been exhausted, a public agency that is not required to proceed to
interest arbitration may implement its last, best, and final offer,
but shall not implement a memorandum of understanding. The
unilateral implementation of a public agency's last, best, and final
offer shall not deprive a recognized employee organization of the
right each year to meet and confer on matters within the scope of
representation, whether or not those matters are included in the
unilateral implementation, prior to the adoption by the public agency
of its annual budget, or as otherwise required by law.
3506. Public agencies and employee organizations shall not
interfere with, intimidate, restrain, coerce or discriminate against
public employees because of their exercise of their rights under
Section 3502.
3507. (a) A public agency may adopt reasonable rules and
regulations after consultation in good faith with representatives of
a recognized employee organization or organizations for the
administration of employer-employee relations under this chapter.
The rules and regulations may include provisions for all of the
following:
(1) Verifying that an organization does in fact represent
employees of the public agency.
(2) Verifying the official status of employee organization
officers and representatives.
(3) Recognition of employee organizations.
(4) Exclusive recognition of employee organizations formally
recognized pursuant to a vote of the employees of the agency or an
appropriate unit thereof, subject to the right of an employee to
represent himself or herself as provided in Section 3502.
(5) Additional procedures for the resolution of disputes involving
wages, hours and other terms and conditions of employment.
(6) Access of employee organization officers and representatives
to work locations.
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(7) Use of official bulletin boards and other means of
communication by employee organizations.
(8) Furnishing nonconfidential information pertaining to
employment relations to employee organizations.
(9) Any other matters that are necessary to carry out the purposes
of this chapter.
(b) Exclusive recognition of employee organizations formally
recognized as majority representatives pursuant to a vote of the
employees may be revoked by a majority vote of the employees only
after a period of not less than 12 months following the date of
recognition.
(c) No public agency shall unreasonably withhold recognition of
employee organizations.
(d) Employees and employee organizations shall be able to
challenge a rule or regulation of a public agency as a violation of
this chapter. This subdivision shall not be construed to restrict or
expand the board's jurisdiction or authority as set forth in
subdivisions (a) to (c), inclusive, of Section 3509.
3507.1. (a) Unit determinations and representation elections shall
be determined and processed in accordance with rules adopted by a
public agency in accordance with this chapter. In a representation
election, a majority of the votes cast by the employees in the
appropriate bargaining unit shall be required.
(b) Notwithstanding subdivision (a) and rules adopted by a public
agency pursuant to Section 3507, a bargaining unit in effect as of
the effective date of this section shall continue in effect unless
changed under the rules adopted by a public agency pursuant to
Section 3507.
(c) A public agency shall grant exclusive or majority recognition
to an employee organization based on a signed petition, authorization
cards, or union membership cards showing that a majority of the
employees in an appropriate bargaining unit desire the
representation, unless another labor organization has previously been
lawfully recognized as exclusive or majority representative of all
or part of the same unit. Exclusive or majority representation shall
be determined by a neutral third party selected by the public agency
and the employee organization who shall review the signed petition,
authorization cards, or union membership cards to verify the
exclusive or majority status of the employee organization. In the
event the public agency and the employee organization cannot agree on
a neutral third party, the Division of Conciliation of the
Department of Industrial Relations shall be the neutral third party
and shall verify the exclusive or majority status of the employee
organization. In the event that the neutral third party determines,
based on a signed petition, authorization cards, or union membership
cards, that a second labor organization has the support of at least
30 percent of the employees in the unit in which recognition is
sought, the neutral third party shall order an election to establish
which labor organization, if any, has majority status.
3507.3. Professional employees shall not be denied the right to be
represented separately from nonprofessional employees by a
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professional employee organization consisting of such professional
employees. In the event of a dispute on the appropriateness of a
unit of representation for professional employees, upon request of
any of the parties, the dispute shall be submitted to the Division of
Conciliation of the Department of Industrial Relations for mediation
or for recommendation for resolving the dispute.
"Professional employees," for the purposes of this section, means
employees engaged in work requiring specialized knowledge and skills
attained through completion of a recognized course of instruction,
including, but not limited to, attorneys, physicians, registered
nurses, engineers, architects, teachers, and the various types of
physical, chemical, and biological scientists.
3507.5. In addition to those rules and regulations a public agency
may adopt pursuant to and in the same manner as in Section 3507, any
such agency may adopt reasonable rules and regulations providing for
designation of the management and confidential employees of the
public agency and restricting such employees from representing any
employee organization, which represents other employees of the public
agency, on matters within the scope of representation. Except as
specifically provided otherwise in this chapter, this section does
not otherwise limit the right of employees to be members of and to
hold office in an employee organization.
3508. (a) The governing body of a public agency may, in accordance
with reasonable standards, designate positions or classes of
positions which have duties consisting primarily of the enforcement
of state laws or local ordinances, and may by resolution or ordinance
adopted after a public hearing, limit or prohibit the right of
employees in these positions or classes of positions to form, join,
or participate in employee organizations where it is in the public
interest to do so. However, the governing body may not prohibit the
right of its employees who are full-time "peace officers," as that
term is defined in Chapter 4.5 (commencing with Section 830) of Title
3 of Part 2 of the Penal Code, to join or participate in employee
organizations which are composed solely of those peace officers,
which concern themselves solely and exclusively with the wages,
hours, working conditions, welfare programs, and advancement of the
academic and vocational training in furtherance of the police
profession, and which are not subordinate to any other organization.
(b) (1) This subdivision shall apply only to a county of the
seventh class.
(2) For the purposes of this section, no distinction shall be made
between a position designated as a peace officer position by Chapter
4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal
Code at the time of the enactment of the 1971 amendments to this
section, and a welfare fraud investigator or inspector position
designated as a peace officer position by any amendment to that
Chapter 4.5 at any time after the enactment of the 1971 amendments to
this section.
(3) It is the intent of this subdivision to overrule San
Bernardino County Sheriff's Etc. Assn. v. Board of Supervisors (1992)
106
7 Cal.App.4th 602, 611, with respect to San Bernardino County
designating a welfare fraud investigator or inspector as a peace
officer under this section.
(c) (1) This subdivision shall apply only to a county of the
seventh class and shall not become operative until it is approved by
the county board of supervisors by ordinance or resolution.
(2) For the purposes of this section, no distinction shall be made
between a position designated as a peace officer position by Chapter
4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal
Code at the time of the enactment of the 1971 amendments to this
section, and a probation corrections officer position designated as a
peace officer position by any amendment to that Chapter 4.5 at any
time after the enactment of the 1971 amendments to this section.
(3) It is the intent of this subdivision to overrule San
Bernardino County Sheriff's Etc. Assn. v. Board of Supervisors (1992)
7 Cal.App.4th 602, 611, to the extent that it holds that this
section prohibits the County of San Bernardino from designating the
classifications of Probation Corrections Officers and Supervising
Probation Corrections Officers as peace officers. Those officers
shall not be designated as peace officers for purposes of this
section unless that action is approved by the county board of
supervisors by ordinance or resolution.
(4) Upon approval by the Board of Supervisors of San Bernardino
County, this subdivision shall apply to petitions filed in May 2001
by Probation Corrections Officers and Supervising Probation
Corrections Officers.
(d) The right of employees to form, join and participate in the
activities of employee organizations shall not be restricted by a
public agency on any grounds other than those set forth in this
section.
3508.1. For the purposes of this section, the term "police employee"
includes the civilian employees of the police department of any
city. Police employee does not include any public safety officer
within the meaning of Section 3301.
(a) With respect to any police employee, except as provided in
this subdivision and subdivision (d), no punitive action, nor denial
of promotion on grounds other than merit, shall be undertaken for any
act, omission, or other allegation of misconduct if the
investigation of the allegation is not completed within one year of
the public agency's discovery by a person authorized to initiate an
investigation of the allegation of an act, omission, or other
misconduct. This one-year limitation period shall apply only if the
act, omission, or other misconduct occurred on or after January 1,
2002. In the event that the public agency determines that discipline
may be taken, it shall complete its investigation and notify the
police employee of its proposed disciplinary action within that year,
except in any of the following circumstances:
(1) If the act, omission, or other allegation of misconduct is
also the subject of a criminal investigation or criminal prosecution,
the time during which the criminal investigation or criminal
prosecution is pending shall toll the one-year time period.
(2) If the police employee waives the one-year time period in
writing, the time period shall be tolled for the period of time
specified in the written waiver.
(3) If the investigation is a multijurisdictional investigation
107
that requires a reasonable extension for coordination of the involved
agencies.
(4) If the investigation involves more than one employee and
requires a reasonable extension.
(5) If the investigation involves an employee who is incapacitated
or otherwise unavailable, the time during which the person is
incapacitated or unavailable shall toll the one-year period.
(6) If the investigation involves a matter in civil litigation in
which the police employee is named as a party defendant, the one-year
time period shall be tolled while the civil action is pending.
(7) If the investigation involves a matter in criminal litigation
in which the complainant is a criminal defendant, the one-year time
period shall be tolled during the period of that defendant's criminal
investigation and prosecution.
(8) If the investigation involves an allegation of workers'
compensation fraud on the part of the police employee.
(b) When a predisciplinary response or grievance procedure is
required or utilized, the time for this response or procedure shall
not be governed or limited by this chapter.
(c) If, after investigation and predisciplinary response or
procedure, the public agency decides to impose discipline, the public
agency shall notify the police employee in writing of its decision
to impose discipline, including the date that the discipline will be
imposed, within 30 days of its decision, except if the police
employee is unavailable for discipline.
(d) Notwithstanding the one-year time period specified in
subdivision (a), an investigation may be reopened against a police
employee if both of the following circumstances exist:
(1) Significant new evidence has been discovered that is likely to
affect the outcome of the investigation.
(2) One of the following conditions exists:
(A) The evidence could not reasonably have been discovered in the
normal course of investigation without resorting to extraordinary
measures by the agency.
(B) The evidence resulted from the police employee's
predisciplinary response or procedure.
3508.5. (a) Nothing in this chapter shall affect the right of a
public employee to authorize a dues or service fees deduction from
his or her salary or wages pursuant to Section 1157.1, 1157.2,
1157.3, 1157.4, 1157.5, or 1157.7.
(b) A public employer shall deduct the payment of dues or service
fees to a recognized employee organization as required by an agency
shop arrangement between the recognized employee organization and the
public employer.
(c) Agency fee obligations, including, but not limited to, dues or
agency fee deductions on behalf of a recognized employee
organization, shall continue in effect as long as the employee
organization is the recognized bargaining representative,
notwithstanding the expiration of any agreement between the public
employer and the recognized employee organization.
3509. (a) The powers and duties of the board described in Section
3541.3 shall also apply, as appropriate, to this chapter and shall
108
include the authority as set forth in subdivisions (b) and (c).
Included among the appropriate powers of the board are the power to
order elections, to conduct any election the board orders, and to
adopt rules to apply in areas where a public agency has no rule.
(b) A complaint alleging any violation of this chapter or of any
rules and regulations adopted by a public agency pursuant to Section
3507 or 3507.5 shall be processed as an unfair practice charge by the
board. The initial determination as to whether the charge of unfair
practice is justified and, if so, the appropriate remedy necessary
to effectuate the purposes of this chapter, shall be a matter within
the exclusive jurisdiction of the board. The board shall apply and
interpret unfair labor practices consistent with existing judicial
interpretations of this chapter.
(c) The board shall enforce and apply rules adopted by a public
agency concerning unit determinations, representation, recognition,
and elections.
(d) Notwithstanding subdivisions (a) to (c), inclusive, the
employee relations commissions established by, and in effect for, the
County of Los Angeles and the City of Los Angeles pursuant to
Section 3507 shall have the power and responsibility to take actions
on recognition, unit determinations, elections, and all unfair
practices, and to issue determinations and orders as the employee
relations commissions deem necessary, consistent with and pursuant to
the policies of this chapter.
(e) This section shall not apply to employees designated as
management employees under Section 3507.5.
(f) The board shall not find it an unfair practice for an employee
organization to violate a rule or regulation adopted by a public
agency if that rule or regulation is itself in violation of this
chapter. This subdivision shall not be construed to restrict or
expand the board's jurisdiction or authority as set forth in
subdivisions (a) to (c), inclusive.
3509.5. (a) Any charging party, respondent, or intervenor aggrieved
by a final decision or order of the board in an unfair practice
case, except a decision of the board not to issue a complaint in such
a case, and any party to a final decision or order of the board in a
unit determination, representation, recognition, or election matter
that is not brought as an unfair practice case, may petition for a
writ of extraordinary relief from that decision or order. A board
order directing an election may not be stayed pending judicial
review.
(b) A petition for a writ of extraordinary relief shall be filed
in the district court of appeal having jurisdiction over the county
where the events giving rise to the decision or order occurred. The
petition shall be filed within 30 days from the date of the issuance
of the board's final decision or order, or order denying
reconsideration, as applicable. Upon the filing of the petition, the
court shall cause notice to be served upon the board and thereafter
shall have jurisdiction of the proceeding. The board shall file in
the court the record of the proceeding, certified by the board,
within 10 days after the clerk's notice unless that time is extended
by the court for good cause shown. The court shall have jurisdiction
to grant any temporary relief or restraining order it deems just and
proper, and in like manner to make and enter a decree enforcing,
109
modifying, and enforcing as modified, or setting aside in whole or in
part the decision or order of the board. The findings of the board
with respect to questions of fact, including ultimate facts, if
supported by substantial evidence on the record considered as a
whole, shall be conclusive. Title 1 (commencing with Section 1067)
of Part 3 of the Code of Civil Procedure relating to writs shall,
except where specifically superseded by this section, apply to
proceedings pursuant to this section.
(c) If the time to petition for extraordinary relief from a board
decision or order has expired, the board may seek enforcement of any
final decision or order in a district court of appeal or superior
court having jurisdiction over the county where the events giving
rise to the decision or order occurred. The board shall respond
within 10 days to any inquiry from a party to the action as to why
the board has not sought court enforcement of the final decision or
order. If the response does not indicate that there has been
compliance with the board's final decision or order, the board shall
seek enforcement of the final decision or order upon the request of
the party. The board shall file in the court the record of the
proceeding, certified by the board, and appropriate evidence
disclosing the failure to comply with the decision or order. If,
after hearing, the court determines that the order was issued
pursuant to the procedures established by the board and that the
person or entity refuses to comply with the order, the court shall
enforce the order by writ of mandamus or other proper process. The
court may not review the merits of the order.
3510. (a) The provisions of this chapter shall be interpreted and
applied by the board in a manner consistent with and in accordance
with judicial interpretations of this chapter.
(b) The enactment of this chapter shall not be construed as making
the provisions of Section 923 of the Labor Code applicable to public
employees.
3511. The changes made to Sections 3501, 3507.1, and 3509 of the
Government Code by legislation enacted during the 1999-2000 Regular
Session of the Legislature shall not apply to persons who are peace
officers as defined in Section 830.1 of the Penal Code.
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SARATOGA CITY COUNCIL
MEETING DATE: August 1, 2007 AGENDA ITEM:
ORIGINATING DEPT: City Manager CITY MANAGER: Dave Anderson
PREPARED BY: Barbara Powell, DEPT HEAD: Dave Anderson
Assistant City Manager
Monica LaBossiere,
Human Resources Manager
__________
SUBJECT: Memorandum of Understanding with the Saratoga Employees Association
__________
RECOMMENDED ACTION(S):
Adopt the resolution approving the Memorandum of Understanding (MOU) between the City and the
Saratoga Employees Association (SEA) for the period July 1, 2007 through September 30, 2011, and
authorize the City Manager to execute the MOU.
REPORT SUMMARY:
The Assistant City Manager and Human Resources Manager negotiated on behalf of the City with
SEA. Through a series of meetings and with direction from the City Council, the City and SEA have
agreed to the following significant MOU changes:
Term:
This four year agreement pertains to the period July 1, 2007 through September 30, 2007. In
the past, agreements have ended on June 30th. This necessitates entering into negotiations
during the April to August timeframe, which also coincides with budget preparation, employee
evaluations and other pre-summer recess priorities. In light of these considerations, both
parties felt a September end date would be preferable in order to expedite agreement.
Compensation Adjustments:
In FY 2007/08, each represented employee will receive a three percent (3%) cost of living
increase, retroactive to July 1, 2007. In subsequent years of the agreement, the cost of living
increase will be no less than one percent (1%) nor more than two and one half percent (2.5%),
payable on July 1st of each year.
The City has agreed to transition from a “Pay for Performance” System to a “Step System”.
Under the Step System, each City classification will have a salary range with a twenty-five
percent (25%) distribution between the lowest and highest salaries in the range. This 25%
distribution is composed of five – five percent “steps”. On an annual basis, if an employee
111
receives, at minimum, a cumulative score of three (3) on their performance evaluation, they are
eligible to advance one step in their salary range, until they reach the top of their salary range,
at which point they no longer receive annual salary increases. In FY 2007/08 salary increases
will be implemented effective July 1, 2007.
Performance Incentive Compensation (received after an employee remains at the top of his/her
salary range for 5 consecutive years and then again at 10 years) will remain at five percent
(5%). In order to receive Performance Incentive Compensation, an employee must receive, at
minimum, a cumulative score of three (3) on that year’s performance evaluation.
Other Provisions:
A scheduled re-opener in 2009 has been included in the MOU in order to evaluate the
economic feasibility of funding a revision in the employee retirement benefit based upon an
analysis of CalPERS rates and the City’s revenue and expenditure forecasts.
The current 9/80 schedule will continue through September 30, 2011.
SEA has agreed to ratify the City’s proposed Grievance Policy and Alcohol and Drug Use
Policy; the Grievance Policy has been included in the MOU in order to update the language.
These policies were removed from the original submittal of Personnel Rules and Policies
adopted by the Council, as the Union was not in agreement with them at that time (although
SEA was in agreement with them). Staff will bring these two policies to the Council in
September 2007 for formal adoption, thus completing the City’s Personnel Rules and Policies.
FISCAL IMPACTS:
A three percent (3%) cost of living increase for SEA members will have an approximate fiscal impact
of $88,300. The fiscal impact of the five percent (5%) salary increase for eligible SEA employees will
be calculated based upon current salary level. The cost of living and salary increases will not exceed
the amount budgeted and approved in the 2007-08 budget.
ALTERNATIVE ACTION(S):
Choose not to accept the agreement and direct City staff to continue negotiations with new direction.
FOLLOW UP ACTION(S):
Staff will execute the memorandum of understanding and implement its elements.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENTS:
Resolution to adopt the Memorandum of Understanding between the City and SEA
Copy of Memorandum of Understanding between the City and SEA for the period July 1, 2007
through September 30, 2011
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RESOLUTION NO. ____________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
REVISING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY
AND THE SARATOGA EMPLOYEES ASSOCIATION INTO A MEMORANDUM OF
UNDERSTANDING WITH A TERM OF JULY 1, 2007
THROUGH SEPTEMBER 30, 2011
WHEREAS, the City of Saratoga, through its designated representatives and pursuant to
State law, has met and conferred with the organized representative organization, the Saratoga
Employees Association (SEA), concerning proposals for modifications and changes to salaries,
benefits and other matters; and
WHEREAS, the representatives of the City and SEA have reached an understanding
regarding changes in salaries, benefits and other matters for the period beginning July 1, 2007,
through September 30, 2011, for employees represented by SEA; and
WHEREAS, this resolution replaces various Resolutions of the City of Saratoga. This
resolution is an expression of existing policy of the City of Saratoga and is subject to
modification and change by the City Council from time to time. Nothing herein contained shall
be construed as creating or establishing any of the provisions hereof as terms of any contract of
employment extending beyond a period other than such period as during the resolution is in full
force and effect. That is to say, that any employee of the City of Saratoga during the effective
period of the resolution shall have such employment rights and duties as set forth herein only
during such period of time as this resolution remains in effect, and not afterward.
NOW, THEREFORE, BE IT RESOLVED that the terms and conditions of the Memorandum
of Understanding, dated the 1st of July, 2007, is hereby approved.
The above and foregoing resolution was passed and adopted at a regular meeting of the City
Council of Saratoga held on the 1st of August, 2007, by the following vote:
AYES:
NOES:
ABSENT:
Aileen Kao, MAYOR
ATTEST:
Cathleen Boyer, CITY CLERK
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AGREEMENT BETWEEN THE CITY OF SARATOGA AND SEA
CITY OF SARATOGA
MEMORANDUM OF UNDERSTANDING FOR
WAGES, EMPLOYEE BENEFITS
AND CONDITIONS OF EMPLOYMENT
I. INTRODUCTION
This Memorandum of Understanding (MOU), or “AGREEMENT”, dated _____________, is
between the City of Saratoga through its designated representatives, hereinafter referred to as
"CITY" and the Saratoga Employees Association (SEA), hereinafter referred to as
"ASSOCIATION."
This MOU complies with the provisions of the Meyers-Milias-Brown Act, as contained in Section
3500, et seq., of the Government Code of the State of California in that the employer-employee
representatives noted herein did meet in good faith and did reach an understanding on those
matters within the scope of representation.
This MOU also complies with Resolution No. 509-2 relating to employer-employee relations, and
Resolution No. 489-2, establishing the procedure for meeting and conferring with recognized
employee organizations.
II. GENERAL CONDITIONS
A. Total Agreement
This Agreement sets forth the full and entire understanding of the parties for the period
beginning July 1, 2007, and continuing through September 30, 2011. This Agreement shall
remain in effect until a new Agreement is signed by both parties. This Agreement supersedes
any prior understandings, representations, agreements or promises of any kind, whether
written, oral, express, or implied between the parties (including all prior Memoranda of
Understanding) with respect to the subject matter of the Agreement. No verbal statement or
other amendments, except an amendment mutually agreed upon between the parties and in
writing attached to this Agreement designated as an amendment to this Agreement, shall
supersede or vary the provisions in this Agreement. If any provision of this Agreement is
adjudged to be void or unenforceable, the remainder of the Agreement shall nevertheless
remain in effect.
Except as specifically provided in this Agreement, it is agreed and understood that the
ASSOCIATION waives its right, and agrees that the CITY shall not be required to negotiate
with respect to any subject or matter covered in this Agreement or with respect to any other
matters within the scope of negotiations, during the term of this Agreement.
The waiver of any breach, term, or condition of this Agreement by either party shall not
constitute a precedent in the future enforcement of all its terms and provisions.
B. City Council Approval
1
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Agreement Between The City of Saratoga and SEA
2
City Council approval of the terms of this MOU is incorporated in Resolution No.
_____________ adopted on _____________.
C. Validity of Memorandum
Should any article, section, or portion of this Agreement be held unlawful and unenforceable
by any court of competent jurisdiction, the court's decision shall only apply to the specific
article, section, or portion of this Agreement directly specified in the decision, and the
remainder of this Agreement shall not be affected by the decision.
D. CITY Rights
The CITY reserves, retains, and is vested with any management rights not expressly granted to
the ASSOCIATION by this Agreement. These CITY rights include but are not limited to the
right to:
1. Determine and modify the organization of City government and its constituent work units;
2. Determine the nature, standard, levels, and mode of delivery of City services;
3. Determine the methods, means, number, and kind of personnel by which City services are
provided;
4. Determine the procedures and standards for selection for employment and promotions;
5. Establish employee performance standards including, but not limited to, quality standards,
and to require compliance with those standards;
6. Discharge, suspend, demote, reprimand, withhold salary increases and benefits, or
otherwise discipline workers in accordance with applicable laws, the Personnel Ordinance
and the Personnel Rules; and
7. Relieve employees from duty because of lack of work or lack of funds, or for inability to
perform the job as required, subject to the Personnel Rules and Regulations.
E. Meyers-Milias-Brown Act (MMBA)
Nothing in this Article shall relieve the CITY of its obligation to meet and confer on the
impact of the exercise of those rights, which are mandatory subjects of bargaining under the
Meyers-Milias-Brown Act.
See Exhibit B for the MMBA
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Agreement Between The City of Saratoga and SEA
3
III. SALARY ADMINISTRATION
A. Salary Ranges
Salary data for each position represented by ASSOCIATION is periodically collected from
the following list of comparable cities:
Los Altos Menlo Park
San Carlos Cupertino
Los Gatos Morgan Hill
Campbell
The CITY will be adjusting the salary ranges administratively effective July 1, 2008 as a
result of the FY 07-08 compensation study and administratively every two years thereafter
according to salary survey compensation data, ensuring that the CITY pays the average of
its comparable cities.
The CITY classifies all miscellaneous positions according to duties and responsibilities, and a
salary range is established for each job classification.
Adjustments to Salary Range as the result of a Salary Survey and Anniversary Date: Any
salary range adjustments for a classification implemented by the City will not establish a
new salary anniversary date for employees serving in that classification.
Adjustments to Salary Range as the result of a Salary Survey and Retention of
Step: Whenever the schedule of compensation for a classification is revised, each
incumbent in a position to which the revised schedule applies shall be paid at the same step
in the revised range as the step at which the employee was paid in the previous range.
See Exhibit A for FY07-08 range table.
B. 5-Step Salary Plan and Cost of Living Adjustment
For fiscal year 2007/08, salary increases will be retroactive to July 1, 2007.
Cost of Living Adjustment - For fiscal year 2007-08, each ASSOCIATION member shall
receive a cost-of-living adjustment of three percent (3%), retroactive to July 1, 2007. For
each subsequent year of this MOU, each ASSOCIATION member shall receive an annual
cost-of-living adjustment of no less than one percent (1.0%) and no greater than two and
one-half percent (2.5%). If the United States Bureau of Labor and Statistics Average
Consumer Price Index for “All Urban Consumers (CPI-U)” for the months of December to
December for the “San Francisco-Oakland-San Jose” region falls below one percent
(1.0%), each ASSOCIATION member shall nevertheless receive a minimum one percent
(1.0%) cost-of-living adjustment; if the above Index increases above two and one-half
(2.5%), each ASSOCIATION member shall nevertheless receive a maximum two and one-
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Agreement Between The City of Saratoga and SEA
4
half (2.5%) cost-of-living adjustment.
Base Salary – Employees occupying a position in a classification covered by this
Memorandum shall be paid a base salary within the range established for that position’s
classification.
Placement Within Range –The City will determine salary placement consistent with the
personnel rules.
Progression Within Range – Salary advancement within an established salary range is
customarily considered at one (1) year intervals. Each employee who is employed after July 1,
2006 will be eligible to receive a salary increase to the next higher step within the range of
their assigned classification upon the individual employee’s original employment anniversary
date (established anniversary date).
Each employee who was hired on or prior to July 1, 2006 will be eligible to receive a salary
increase to the next higher step within the range of their assigned classification upon July 1 of
each year, (as a result of the City moving from a broad range pay-for-performance system to a
step system effective July 1, 2007). July 1 of each year will be the established anniversary
date for each employee who was hired on or prior to July 1, 2006.
Eligibility for Progression within Range - All regular employees will be evaluated on an
annual basis and will be eligible to advance in their salary range based on annual
performance evaluation results.
No increase in salary shall be automatic solely upon completion of a specified period of
service. All increases shall be contingent upon a satisfactory annual evaluation of the
employee’s performance, and shall require recommendation of the Department Head. In the
case that an employee receives a cumulative rating of less than three (3) points on the annual
performance evaluation, indicating a cumulative rating less than “meets expectations”, the
employee will not receive a salary increase other than an approved and budgeted cost-of-living
increase. An employee who is denied an increase in salary may discuss such denial with
his/her Department head and the City Manager (or his/her designee). The decision of the City
Manager (or his/her designee) shall be final.
An employee who has received a cumulative rating of three (3) points or greater during the
annual employee performance evaluation will be eligible to receive a salary increase of five
percent (5%) (1 step) above their existing salary as of the employee’s established anniversary
date, until such time as the employee reaches the top of his/her salary range, at which time the
employee shall not advance beyond the top of the established range, except as provided for in
Article III. SALARY ADMINISTRATION, Section C. Performance Incentive
Compensation.
Promotion - Promotion is the movement of an employee from one classification to another
classification having a higher salary range. At the time an employee is promoted, his or her
salary shall be adjusted as follows:
If the first step in the salary range for the employee’s new position is at least five percent (5%)
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Agreement Between The City of Saratoga and SEA
5
greater than the employee’s current salary range, the employee shall be moved to the first step
of the new salary range.
If the first step in the salary range for the employee’s new position is less than five percent
(5%) greater than the employee’s current salary range, the employee shall be moved to the step
which would provide, at minimum, a five percent (5%) increase in salary.
If no step in the salary range for the new position would provide the employee with at least a
five percent (5%) salary adjustment, the employee shall be moved to the top step of the new
salary range.
NOTE: If an employee is promoted on their anniversary date, the employee shall first receive
a salary increase to the next higher step within their existing salary range, following by a
promotional salary adjustment as described in this section.
All promotional appointments shall be subject to a probationary period of one year. During
probation supervisors may evaluate employees every three months. At six months, a written
evaluation will be prepared. Upon completion of the twelve-month probationary period, a
second written evaluation will be prepared. At the completion of a successful probationary
period, the employee shall be granted regular employment status and may advance in his/her
salary range as part of the citywide annual evaluation process.
If it is determined through employee performance evaluation that an employee subject to a
promotional appointment does not pass probation, the probationary employee shall be
reinstated to the position from which he or she was promoted provided that position is vacant
and funded. If no vacancy exists, the employee may ask to be placed on a re-employment list.
C. Performance Incentive Compensation
Employees represented by ASSOCIATION who have remained at the top of the same salary
range for five (5) years may be eligible for an additional step increase of five percent (5%)
following receipt of a cumulative rating of three (3) points or greater during the annual
employee performance evaluation. Five (5) years after meeting the criteria for the initial
performance incentive compensation described above, a qualified employee -- that is an
employee who has remained at five percent (5%) above the top of his/her same salary range --
may be eligible for an additional salary increase of five percent (5%) following receipt of a
cumulative rating of three (3) points or greater during the annual employee performance
evaluation.
D. Annual Performance Review
The City of Saratoga administers an Annual Performance Review (APR) process. The APR
includes a Self Evaluation prepared by the employee and a Performance Evaluation
prepared by the employee’s supervisor/manager. Ratings on the Performance Evaluation
are tied to the following numerical scores:
Score Rating Description
1 Unsatisfactory
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6
2 Below Expectations
3 Meets Expectations
4 Exceeds Expectations
5 Outstanding
The employee is rated on his/her performance in up to eight (8) categories:
Customer Service Ability to Work Well with Others
Quality of Work Accountability
Initiative Communication Skills
Flexibility Supervision – if applicable
The employee receives a composite score based upon individual ratings received under
each category. This composite score forms the basis for a potential salary increase awarded
by the CITY.
E. Annual Cost-of-Living Adjustment
For fiscal year 2007-08, each ASSOCIATION member shall receive a cost-of-living
adjustment of three percent (3%), retroactive to July 1, 2007. For each subsequent year of
this MOU, each ASSOCIATION member shall receive an annual cost-of-living adjustment
of no less than one percent (1.0%) and no greater than two and one-half percent (2.5%). If
the United States Bureau of Labor and Statistics Average Consumer Price Index for “All
Urban Consumers (CPI-U)” for the months of December to December for the “San
Francisco-Oakland-San Jose” region falls below one percent (1.0%), each ASSOCIATION
member shall nevertheless receive a minimum one percent (1.0%) cost-of-living
adjustment; if the above Index increases above two and one-half (2.5%), each
ASSOCIATION member shall nevertheless receive a maximum two and one-half percent
(2.5%) cost-of-living adjustment.
IV. WORKING CONDITIONS
The CITY will continue to operate on a 9/80 work schedule to be determined by the City
Manager and Directors where a full-time work week, constitutes forty (40) hours within seven
consecutive 24 hour days, also defined as one hundred sixty-eight (168) hours. Employees on a
9/80 schedule are scheduled to work 8 nine hour days, 1 eight hour day, and have one day off
every two weeks. An employee’s workweek begins in the middle of the employee’s 8 hour day
and the employee’s day off is on the same day of the week in the following week. For
example, the standard 9/80 work schedule for most ASSOCIATION members is as follows:
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
4
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Agreement Between The City of Saratoga and SEA
7
(end)
off
9
9
9
9 4
(start)
off
off
(end)
off
9
9
9
9 off
(start)
off
4
(end)
off
9
9
9
9 4
(start)
off
off
(end)
off
9
9
9
9 off
(start)
off
The City Manager and Directors have discretion to require some employees to work a
schedule different from the standard 9/80 schedule including a schedule that is not 9/80.
Fridays when the CITY is not open for business are referenced as “off-Fridays.”
The work period (pay period) is the period encompassing two consecutive workweeks.
A holiday furlough will exist whereby the CITY operations are closed from December 24
through January 1 of every year. Employees shall utilize their available balances (annual leave,
compensatory time), if applicable. Employees that utilize unpaid leave due to insufficient leave
balance shall maintain regular benefit status.
V. OVERTIME WORK
Those employees eligible through the Fair Labor Standards Act for overtime shall receive it in the
following way:
(1) Overtime for all eligible ASSOCIATION members shall be defined as any time worked
beyond the standard workday or beyond the standard work week as described above. The
9/80 work schedule may not be used in any application that requires entitlement to FLSA
overtime as the CITY and ASSOCIATION agree to the 9/80 work schedule;
(2) Overtime compensation shall be computed at one-and-a-half times the employee’s regular
rate of pay for hours in excess of 9 hours in one day or for time worked over 40 hours in
one workweek and two times for hours in excess of 13 hours in one day or 60 hours in one
work week;
(3) CITY agrees to include paid leave time taken as time worked for purposes of calculating
eligibility for overtime pay for all regular non-exempt positions in the CITY service;
(4) All overtime is to be approved in advance and in writing by the Department Head and
accepted in writing by the employee. This written confirmation is to be turned in with the
employee’s time sheet for each pay period.
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VI. CALL OUT PAY
Non-exempt employees who are called out to perform work of an emergency nature after the
regularly scheduled workday, are compensated at their regular rate of pay for a minimum three
(3) hours for each occurrence at one and one-half times (1.5) the hourly rate. Employees will be
compensated from the time they leave their residence until their direct return home after being
released from the assignment. A second callout while responding to the first does not restart the
clock.
VII. STANDBY PAY
Non-exempt employees may be assigned to standby duty as determined by the City Manager or
Department Head. Anticipated events or seasons that would trigger standby duty include
storms/storm season or the period of holiday work furlough. Employees assigned to standby
duty must report for duty within one hour of notification and be able to perform the duties as
assigned. Employees assigned to standby duty will be issued City cell phones and must respond
with a telephone call. Employees are compensated $ 37.50 for each weeknight defined as from
the end of the work day’s shift to the beginning of the next day’s shift, and $ 75.00/day for each
weekend defined as the end of the workday Thursday or Friday to the beginning of the next
workday (off-Friday, Saturday, Sunday), or holiday assigned to stand-by status.
VIII DIFFERENTIAL FOR SPLIT SHIFT
ASSOCIATION members in the Facilities Maintenance classification shall receive an additional
$25.00 for each day when required to work a split shift.
IX. MEAL REIMBURSEMENT
The CITY will provide a meal or reimburse the cost of a meal up to $10.00 for each employee
who is required to work extended overtime or who is required to work on extended emergency call
out. Meal reimbursement is available if the employee works in excess of ten (10) consecutive
hours during a scheduled work day or if the employee works in excess of four (4) hours during an
emergency call out. Two meals will be provided if work is required in excess of eight (8) hours
during an emergency call out.
X. PRODUCTIVITY/GOALS
Employees and Management agree to cooperate and assist in improving productivity through
assistance in developing:
A. A more positive work environment.
B. Innovative techniques for improving operational activities.
C. Increased accuracy.
D. Methods to maximize time usage.
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E. More effective communication with the public and other departments.
XI. BENEFITS
A. Health and Dental Premium Contributions and In-Lieu Payments
The CITY contributes 100% of the medical premium for regular, full-time employees who
elect either the Kaiser, Blue Shield, or PERS Choice plans. Each plan includes eligibility for
employee only, employee & 1 dependent, and employee & 2+ dependents. For employees
who elect to enroll in the PERS Care Plan, the CITY will contribute the amount equal to the
Kaiser, Blue Shield, or PERS Choice plan premium, whichever is greater, depending on the
plan choice (i.e. employee only, employee & 1 dependent, or employee & 2+ dependents).
The CITY contributes 100% of the dental premium for regular, full-time employees.
Any employee who declines to accept coverage in the PERS Health Program, evidenced by
signing a waiver form, shall receive a monthly Benefits Allowance of $118.75.
Any employee who declines to accept coverage in the Delta Dental Plan, evidenced by signing
a waiver form, shall receive a monthly Benefits Allowance of $25.
The monthly Benefits Allowance for regular part-time employees and full time employees
working less than full time will be pro-rated in proportion to the number of hours worked or
accrued leave hours paid.
B. Life and Accidental Death Insurance
The CITY provides $50,000 of life and accidental death and dismemberment insurance for all
non-management, and $100,000 of life and accidental death and dismemberment insurance for
mid-management employees. ASSOCIATION members designated mid-management include
the Human Resources Manager, City Clerk, Senior Recreation Supervisor, Facilities
Maintenance Supervisor, Building Official and Accounting Supervisor. Coverage shall begin
on the first day of the month following date of hire and ends on the date of separation.
Employees may purchase additional life insurance for themselves and/or their dependents;
however, availability of additional insurance is subject to the group carrier's requirements.
C. Confidential Employees
The CITY may designate certain employees as “Confidential.” Confidential employees are
privy to management decisions and related confidential information regarding
employer/employee relations. Confidential employees designated with an asterisk (*) in front
of their position title on the list below shall be restricted from representing ASSOCIATION on
matters within the scope of representation.
Effective on the date of this agreement, employees occupying the following positions are
designated as “Confidential”:
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Position Department
*City Clerk City Manager’s Office
*Human Resources Manager City Manager’s Office
*Executive Assistant to the City Manager City Manager’s Office
*Account Clerk I/II Administrative Services
Accountant Administrative Services
*Accounting Supervisor Administrative Services
IT Analyst Administrative Services
IT Technician Administrative Services
D. Administrative Leave
Administrative Leave is compensated time off given to regular, full-time exempt employees
of the City. This leave shall be taken in a manner consistent with PTO. Use of
administrative leave is a privilege and is provided in recognition that City projects often
require employees to devote whatever hours are necessary, irrespective of a regular
scheduled workweek, to fulfill the obligations of the job.
CITY shall grant ASSOCIATION members in exempt classifications, on a fiscal year basis,
twenty (20) hours of administrative leave. Such leave shall be taken in a manner consistent
with the use of general leave. Administrative leave cannot be carried over from year to year,
and must be used by June 30th of the fiscal year in which it was accrued.
Administrative Leave must be taken by exempt employees only in increments of (4) hours
or more in a workday (29 CFR 541.710 Employees of Public Agencies). For example,
where the employee leaves work for four or more hours early to take care of personal
business.
Administrative Leave cannot be carried over from year to year and must be used by June
30th of the fiscal year. Administrative Leave must be exhausted prior to using PTO.
XII. RETIREMENT (PERS)
The CITY is a contracting agency of the California Public Employees Retirement System (PERS).
Regular employees become members immediately upon employment and become vested after five
years. The CITY pays one hundred percent (100%) of the employees’ required contribution in
addition to the City’s contribution as a contracting employer. PERS law states that compensation
means remunerations paid out of funds controlled by the employer.
The CITY through its contract with PERS provides for retirement benefits including 2% at 55
(effective September 1, 1999), one year final compensation, service credit at retirement for unused
sick leave, survivor continuance, and 1959 survivor benefits (Level 3) if death occurs prior to
retirement. In addition, employees may be eligible to purchase additional years of service credit
under specific circumstances listed under the City’s PERS contract. On an annual basis, the
CITY will provide SEA members a list of benefits included in the PERS contract.
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The CITY maintains a Retirement Reserve Fund on its books to ensure sufficient funds exist to
provide this benefit to all current employees through age 55, (i.e. for 35 years or through the year
2034). Funds deposited into the Retirement Reserve Fund by the CITY, along with all interest
accruing thereto, shall belong to the CITY and shall be commingled with the CITY’s investment
portfolio. In October of each year, the CITY shall review the past and projected performance of
the Retirement Reserve Fund, along with actuarial data provided by PERS, in order to determine
the amount to be deposited into the Retirement Reserve Fund on July 1. By May 1 of each year,
the CITY shall report to ASSOCIATION the amount of its next contribution to the Retirement
Reserve Fund along with the assumptions used to determine the contribution amount.
The parties agree to a scheduled reopener in 2009 for the purpose only of discussing the
financial feasibility of enhancing the City’s retirement package with PERS (i.e., moving from
the current 2% at 55 to 2.5% at 55). The discussion will be limited to (1) PERS financial
situation and whether it will become superfunded and, therefore, require a smaller contribution
from the City; and (2) the City’s financial situation and whether the City can afford to fund all
or part of an enhanced retirement for employees. The parties will schedule a time for the
reopener in 2009 within 60 days after the City receives an actuarial valuation from PERS of the
cost of 2.5% at 55 and the discussions will not extend beyond 60 days of the reopening.
XIII. UNIFORM AND CLOTHING ALLOWANCES
Each regular full-time Facilities Maintenance employee shall receive an allowance of $350 (three-
hundred-fifty dollars) per fiscal year for the purchase of pants and safety boots, and for uniform
cleaning. Three shirts per employee per year are purchased directly by the CITY, in colors
designated by the Department Head. Community Service Officers shall receive an allowance of
$500 (five-hundred dollars) per fiscal year for purchasing and cleaning his/her uniforms. Building
Inspectors (including Building Official) shall receive an allowance of $150 (one-hundred-fifty
dollars) per fiscal year for protective clothing. The Uniform and Clothing Allowances shall be
paid on the second pay date in July. The Uniform and Clothing Allowances shall be prorated from
the date of hire for a newly hired employee.
Uniform and clothing allowances are reported to PERS as salary earned.
XIV. TUITION REIMBURSEMENT
All regular employees of the CITY who have been employed continually for at least three (3)
months prior to the commencement of an approved or required course are eligible for the City’s
tuition reimbursement program.
A. Coursework for Degree or Certificate
If the course(s) taken is/are job related or in fulfillment of the requirements for a degree or
certificate, one-hundred percent (100%) reimbursement will be afforded for tuition, fees and books
by the CITY up to a maximum of one thousand dollars ($1,000) per employee per fiscal year. The
Department Head and City Manager will determine job-relatedness.
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B. Coursework for Professional Development
If the course(s) is/are not specifically related to the employee’s current position, and does not
fulfill the requirements for a degree or certificate, but does provide for professional development
related to the worker’s position of employment or a higher position in the City, reimbursement
will be afforded for tuition, fees and books by the CITY at one-hundred percent (100%), up to a
maximum five hundred dollars ($500) per employee per fiscal year.
Reimbursement will be afforded after successful completion of the course(s) requirements.
Successful completion is defined as a "C" grade or a "Pass" on a pass-fail system.
XV. GRIEVANCE PROCEDURE
A. Policy: The goal of this grievance procedure is to make every reasonable effort to resolve
applicable complaints as near as possible to the point of origin.
B. Eligibility to File a Grievance: A grievant is a regular employee who is personally affected
by an act or omission that occurred no more than 14 days prior to the reporting of the
grievance, provided that the act or omission comes within the definition of “grievance” as
described herein.
C. Definition of “Grievance”: Subject to the exclusions listed in this Policy, a grievance is
defined as any dispute that: (1) is job-related, (2) is wholly or partially within the province
of the City to rectify or remedy, (3) concerns terms and conditions of employment, (4)
involves the interpretation, application, or alleged violation of these Policies or a current
Memorandum of Understanding (MOU) between the City and a recognized employee
organization representing City employees, and (5) is not subject to any other City dispute
resolution process or procedure that is provided by statute, ordinance, resolution or
agreement.
D. Exclusions from the Grievance Procedure The following matters are excluded from the
definition of “grievance”:
1. Requests for changes in wages, hours, or working conditions, including any impasse or
dispute in the meeting and conferring process or matter within the scope of
representation;
2. Requests for changes in the content of employee evaluations or performance reviews,
oral or written warnings, reprimands or counseling;
3. Challenges to a reclassification, layoff, transfer, denial of reinstatement, or denial of a
step or merit increase;
4. Challenges to any disciplinary action;
5. Challenges to examinations or appointment to positions;
6. Management of the City generally, or issues of City or Department policy;
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7. Determination of the nature, necessity or organization of any service or activity
conducted by the City, including the decisions to expand or reduce services or the
workforce, and/or to impose layoffs;
8. Methods of financing;
9. Determination of and/or change in facilities, equipment, methods, technology, means or
size of the work force;
10. Determination of or change in the location, number of locations, relocations and types
of operations, processes or materials to be used in carrying out City functions;
11. Determination of work assignments and schedules;
12. Determination of productivity or performance programs and standards;
13. Determination of standards, policies, and procedures for selection, training, and
promotion of employees; and
14. Establishment, implementation, and modification of Department organizations,
supervisory assignments, chains of command, and reporting responsibilities.
E. ARBITRATION AND GRIEVANCE PROCEDURE
If the ASSOCIATION believes that the City has violated this Agreement, such matters
arising during the term of this Memorandum of Understanding (“grievances”) will be
resolved through this Grievance Procedure, which is the sole and exclusive method of
doing so.
STEP (1) The ASSOCIATION Representative will attempt to resolve the matter
with the supervisor. If the matter is not resolved the ASSOCIATION will file a written
grievance with the City’s Human Resources Representative within fifteen days after the
employee or ASSOCIATION is aware or reasonably should be aware of the act or
omission that caused the grievance. The grievance shall specify the date(s) of the
alleged violation(s) and the provisions of the Agreement applicable to the dispute. A
grievance not filed in writing within the above time shall be invalid, excepting any
complaint relative to wages shall not be deemed invalid until thirty (30) days
subsequent to origin of cause of the complaint and in no event shall an employee be
deprived of actual wages due. The Company shall notify the ASSOCIATION of the
name, address, telephone number and fax number of the City’s designated Human
Resources representative no later than five (5) working days after this Agreement has
been ratified and no later than five (5) working days from the date the City assigns the
Human Resources representative duties to a different individual
STEP (2) The City shall answer the grievance in writing within ten (10) working
days after the written grievance is filed. The Company Human Resources representative
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and the ASSOCIATION will discuss the grievance during this period. If the grievance
is not settled, the ASSOCIATION may advance it to Step 3 by giving written notice to
the City Manager within five (5) working days after the City answers the grievance in
writing. If the City does not timely file an answer, the grievance will automatically
advance to Step 3 and the ASSOCIATION may deliver written notice of arbitration
immediately. The City shall notify the ASSOCIATION of the name, address, telephone
number and fax number of the City’s Manager no later than five (5) working days after
this Memorandum of Understanding has been ratified and no later than five (5) working
days from the date the City assigns the City Manager representative duties to a
different individual.
STEP (3) During the five (5) working days after a grievance advances to Step 3,
the City Manager and the ASSOCIATION will attempt to settle it. If it is not settled
during that five (5) day period, the ASSOCIATION may advance it to Arbitration by
delivering written notice to the City Manager within ten (10) working days after the end
of the five (5) working day period. In the absence of such written notice, the grievance
will be settled on the basis of the City’s answer.
The time limits in this Grievance Procedure may be extended by written agreement.
Each party will provide the other with a current address of that party’s representatives
identified above.
ARBITRATION
(a) Upon filing by the Union of an appeal to arbitration as provided in Step 3 of the
Grievance Procedure, the parties will promptly attempt to agree on an independent
arbitrator to hear and resolve the grievance.
(b) If the parties are unable to agree on an arbitrator within five (5) working days
after the Union delivers the notice of appeal to arbitration, either party may apply to the
State Mediation and Conciliation Service for a panel of seven arbitrators who are
members of the National Academy of Arbitrators. The party applying for the list will
request that the list be sent by the SMCS to both parties.
(c) Upon receipt of the list, the parties will promptly select an arbitrator to hear and
decide the grievance by alternately striking names from the list (coin toss for first strike)
until only one remains, and s/he will be the arbitrator for the case.
(d) The arbitrator will decide the case by a written opinion following the hearing.
The Arbitrator’s decision will be final and binding provided that the arbitrator’s
decision is based on the provisions of this Agreement as written and does not add to,
subtract from or ignore any provision of this Agreement. Either party may have a
transcript of the hearing made, but in that event that party will pay for the transcript.
(e) The fees and expenses of the arbitrator will be paid one-half by each party. Each
party’s own expenses will be paid by that party.
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XVI. SCOPE OF AGREEMENT
This MOU represents the entire and complete understanding reached between the representatives
of the CITY and the representatives of the ASSOCIATION for the period designated, and applies
to all positions represented by the ASSOCIATION.
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XVII. RATIFICATION
This MOU is subject to ratification by a majority vote of the members of the ASSOCIATION.
City Council adoption of Resolution No. 07-____________and ratification by the
ASSOCIATION will commence the terms of this MOU.
Representative of the Representative of the
City of Saratoga: Saratoga Employees Association:
Dave Anderson, City Manager Morgan Kessler, President
Date: Date:
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SARATOGA CITY COUNCIL
MEETING DATE: August 1, 2007 AGENDA ITEM:
ORIGINATING DEPT: City Manager CITY MANAGER: Dave Anderson
PREPARED BY: Monica LaBossiere, DEPT HEAD: Dave Anderson
Human Resources Manager
__________
SUBJECT: Memorandum of Understanding with the Saratoga Management Association
__________
RECOMMENDED ACTION(S):
Adopt the resolution approving the Memorandum of Understanding (MOU) between the City and the
Saratoga Management Association (SMO) for the period July 1, 2007 through September 30, 2011,
and authorize the City Manager to execute the MOU.
REPORT SUMMARY:
The City Manager negotiated on behalf of the City with SMO. Through a series of meetings and with
direction from the City Council, the City and SMO have agreed to the following significant MOU
changes:
Term:
This four year agreement pertains to the period July 1, 2007 through September 30, 2007. In
the past, agreements have ended on June 30th. This necessitates entering into negotiations
during the April to August timeframe, which also coincides with budget preparation, employee
evaluations and other pre-summer recess priorities. In light of these considerations, both
parties felt a September end date would be preferable in order to expedite agreement.
Compensation Adjustments:
In FY 2007/08, each represented employee will receive a three percent (3%) cost of living
increase, retroactive to July 1, 2007. In subsequent years of the agreement, the cost of living
increase will be no less than one percent (1%) nor more than two and one half percent (2.5%),
payable on July 1st of each year.
The City has agreed to transition from a “Pay for Performance” System to a “Step System”.
Under the Step System, each classification will have a salary range with a twenty-five percent
(25%) distribution between the lowest and highest salaries in the range. This 25% distribution
is composed of five – five percent “steps”. On an annual basis, if an employee receives, at
minimum, a cumulative rating of meets expectations on their performance evaluation, they are
eligible to advance one step in their salary range, until they reach the top of their salary range,
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at which point they no longer receive annual salary increases. In FY 2007/08 salary increases
will be implemented effective July 1, 2007.
Performance Incentive Compensation (received after an employee remains at the top of his/her
salary range for 5 consecutive years and then again at 10 years) will remain at five percent
(5%). In order to receive Performance Incentive Compensation, an employee must receive, at
minimum, a cumulative rating of meets expectations on that year’s performance evaluation.
SMO members will receive an increase in monthly car allowance of $50.00 for a total monthly
car allowance of $400.00.
SMO members will receive an increase of 20 hours in administrative leave for a total of sixty-
five (65) hours, on a fiscal basis.
Other Provisions:
A scheduled re-opener in 2009 has been included in the MOU in order to evaluate the
economic feasibility of funding a revision in the employee retirement benefit based upon an
analysis of CalPERS rates and the City’s revenue and expenditure forecasts.
The current 9/80 schedule will continue through September 30, 2011.
FISCAL IMPACTS:
A three percent (3%) cost of living increase for SMO members will have an approximate fiscal impact
of $18,700. The fiscal impact of the five percent (5%) salary increase for eligible SMO employees
will be calculated based upon current salary level. The increase in car allowance will have a $3,000
fiscal impact. The cost of living, salary increases and car allowance increase will not exceed the
amount budgeted and approved in the 2007-08 budget.
ALTERNATIVE ACTION(S):
Choose not to accept the agreement and direct City staff to continue negotiations with new direction.
FOLLOW UP ACTION(S):
Staff will execute the memorandum of understanding and implement its elements.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENTS:
Resolution to adopt the Memorandum of Understanding between the City and SMO
Copy of Memorandum of Understanding between the City and SMO for the period July 1, 2007
through September 30, 2011
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RESOLUTION NO. ____________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
REVISING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY
AND THE SARATOGA MANAGEMENT ASSOCIATION INTO A MEMORANDUM
OF UNDERSTANDING WITH A TERM OF JULY 1, 2007
THROUGH SEPTEMBER 30, 2011
WHEREAS, the City of Saratoga, through its designated representatives and pursuant to
State law, has met and conferred with the organized representative organization, the
SARATOGA MANAGEMENT ASSOCIATION (SMO), concerning proposals for
modifications and changes to salaries, benefits and other matters; and
WHEREAS, the representatives of the City and SMO have reached an understanding
regarding changes in salaries, benefits and other matters for the period beginning July 1, 2007,
through September 30, 2011, for employees represented by SMO; and
WHEREAS, this resolution replaces various Resolutions of the City of Saratoga. This
resolution is an expression of existing policy of the City of Saratoga and is subject to
modification and change by the City Council from time to time. Nothing herein contained shall
be construed as creating or establishing any of the provisions hereof as terms of any contract of
employment extending beyond a period other than such period as during the resolution is in full
force and effect. That is to say, that any employee of the City of Saratoga during the effective
period of the resolution shall have such employment rights and duties as set forth herein only
during such period of time as this resolution remains in effect, and not afterward.
NOW, THEREFORE, BE IT RESOLVED that the terms and conditions of the Memorandum
of Understanding, dated the 1st of July, 2007, is hereby approved.
The above and foregoing resolution was passed and adopted at a regular meeting of the City
Council of Saratoga held on the 1st of August, 2007, by the following vote:
AYES:
NOES:
ABSENT:
Aileen Kao, MAYOR
ATTEST:
Cathleen Boyer, CITY CLERK
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CITY OF SARATOGA
MEMORANDUM OF UNDERSTANDING
FOR WAGES, EMPLOYEE BENEFITS
AND CONDITIONS OF EMPLOYMENT
I. INTRODUCTION
This Memorandum of Understanding (“MOU”) or “AGREEMENT” dated ______________ is between
the City of Saratoga, through its designated representatives, hereinafter referred to as “CITY” and the
Saratoga Management Organization, hereinafter referred to as “SMO”. The members of SMO are the
persons holding the positions listed below in Section II. Members of SMO are referred to herein as
“SMO members” and “employees.”
This MOU complies with the provisions of the Meyers-Milias-Brown Act, as contained in Section 3500,
et seq., of the Government Code of the State of California in that the employer-employee representatives
noted herein did meet in good faith and did reach an understanding on those matters within the scope of
representation.
This MOU also complies with Resolution No. 509-2 relating to employer-employee relations, and
Resolution No. 489-2, establishing the procedure for meeting and conferring with recognized employee
organizations.
II. POSITIONS REPRESENTED BY SMO
Assistant City Manager
Public Works Director
Community Development Director
Administrative Services Director
Recreation Director
III. GENERAL CONDITIONS
A. Total Agreement
This Agreement sets forth the full and entire understanding of the parties for the period beginning
July 1, 2007, and continuing through September 30, 2011. This Agreement shall remain in effect
until a new Agreement is signed by both parties. This Agreement supersedes any prior
understandings, representations, agreements or promises of any kind, whether written, oral, express,
or implied between the parties (including all prior Memoranda of Understanding) with respect to the
subject matter of the Agreement. No verbal statement or other amendments, except an amendment
mutually agreed upon between the parties and in writing attached to this Agreement designated as an
amendment to this Agreement, shall supersede or vary the provisions in this Agreement. If any
provision of this Agreement is adjudged to be void or unenforceable, the remainder of the
Agreement shall nevertheless remain in effect.
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Except as specifically provided in this Agreement, it is agreed and understood that SMO waives its
right, and agrees that the CITY shall not be required to negotiate with respect to any subject or
matter covered in this Agreement or with respect to any other matters within the scope of
negotiations, during the term of this Agreement.
The waiver of any breach, term, or condition of this Agreement by either party shall not constitute a
precedent in the future enforcement of all its terms and provisions.
B. City Council Approval
City Council approval of the terms of this MOU is incorporated in Resolution No. __________
adopted on August 1, 2007.
C. Validity of Memorandum
Should any article, section, or portion of this Agreement be held unlawful and unenforceable by any
court of competent jurisdiction, the court’s decision shall only apply to the specific article, section,
or portion of this Agreement directly specified in the decision, and the remainder of this Agreement
shall not be affected by the decision.
IV. AT-WILL STATUS AND SEVERANCE
All members of SMO are at-will employees and serve at the pleasure of the City Manager. Should the
City Manager choose to terminate any SMO member, the following severance provisions apply.
Starting on the one-year anniversary of the date of hire, SMO members shall be entitled to (a) a
severance payment equal to three (3) months salary; and (b) the continuation of the Health Insurance,
Life and Accidental Death Insurance, and Dental Insurance benefits specified in this agreement for a
three (3) month period after termination. The number of months upon which the severance payment is
based and severance benefits are to be offered shall be increased by one (1) month each year on the
member’s anniversary date up to a maximum of six (6) months severance pay and benefits.
The severance payment shall be paid in a lump sum within ten (10) days of the effective date of
termination. The severance payment shall be based on the SMO member’s then monthly salary.
Severance benefits shall begin the first of the month succeeding the effective date of termination.
V. SALARY ADMINISTRATION
A. Salary Ranges
Salary data for each position represented by SMO is periodically collected from the following list of
comparable cities:
Los Altos Menlo Park
San Carlos Cupertino
Los Gatos Morgan Hill
Campbell
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The Department Directors and Assistant City Manager are internally aligned, as the incumbents
concur that the complexity and level of responsibility in the work is similar, regardless of assigned
department. When salary surveys are conducted, salary data is collected for each classification. The
salary range is determined by taking the salary data average of the five classifications.
The CITY will be adjusting the salary ranges administratively effective July 1, 2008 as a result of the
FY 2007-08 compensation study and administratively every two years thereafter according to salary
survey compensation data, ensuring that the CITY pays the average of its comparable cities.
1. Adjustments to Salary Range as the result of a Salary Survey and Anniversary Date:
Any salary range adjustments for a classification implemented by the CITY will not establish a
new salary anniversary date for employees serving in that classification.
2. Adjustments to Salary Range as the result of a Salary Survey and Retention of Step:
Whenever the schedule of compensation for a classification is revised, each incumbent in a
position to which the revised schedule applies shall be paid at the same step in the revised range
as the step at which the employee was paid in the previous range.
See Exhibit “A” for the FY 2007-08 Salary Range Table.
B. 5-Step Salary Plan and Cost of Living Adjustment
For fiscal year 2007/08, salary increases will be retroactive to July 1, 2007.
1. Cost of Living Adjustment
For fiscal year 2007-08, each SMO member shall receive a cost-of-living adjustment of three
percent (3%), retroactive to July 1, 2007. For each subsequent year of this MOU, each SMO
member shall receive an annual cost-of-living adjustment of no less than one percent (1.0%) and
no greater than two and one-half percent (2.5%). If the United States Bureau of Labor and
Statistics Average Consumer Price Index for “All Urban Consumers (CPI-U)” for the months of
December to December for the “San Francisco-Oakland-San Jose” region falls below one
percent (1.0%), each SMO member shall nevertheless receive a minimum one percent (1.0%)
cost-of-living adjustment; if the above Index increases above two and one-half (2.5%), each
SMO member shall nevertheless receive a maximum two and one-half (2.5%) cost-of-living
adjustment.
2. Base Salary
Employees occupying a position in a classification covered by this Memorandum shall be paid a
base salary within the range established for that position’s classification.
3. Placement Within Range
The CITY will determine salary placement consistent with the personnel rules.
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4. Progression Within Range
Salary advancement within an established salary range is customarily considered at one (1) year
intervals. Each employee who is employed after July 1, 2006 will be eligible to receive a salary
increase to the next higher step within the range of their assigned classification upon the
individual employee’s original employment anniversary date (established anniversary date).
Each employee who was hired on or prior to July 1, 2006 will be eligible to receive a salary
increase to the next higher step within the range of their assigned classification upon July 1 of
each year, (as a result of the CITY moving from a broad range pay-for-performance system to a
step system effective July 1, 2007). July 1 of each year will be the established anniversary date
for each employee who was hired on or prior to July 1, 2006.
5. Eligibility for Progression within Range
All regular employees will be evaluated on an annual basis and will be eligible to advance in
their salary range based on annual performance evaluation results.
No increase in salary shall be automatic solely upon completion of a specified period of service.
All increases shall be contingent upon a satisfactory annual evaluation of the employee’s
performance, and shall require recommendation of the City Manager. In the case that an
employee receives a cumulative rating of less than three (3) points on the annual performance
evaluation, indicating a cumulative rating less than “meets expectations”, the employee will not
receive a salary increase other than an approved and budgeted cost-of-living increase. An
employee who is denied an increase in salary may discuss such denial with the City Manager.
The decision of the City Manager shall be final.
An employee who has received a cumulative rating of three (3) points or greater during the
annual employee performance evaluation will be eligible to receive a salary increase of five
percent (5%) (1 step) above their existing salary as of the employee’s established anniversary
date, until such time as the employee reaches the top of his/her salary range, at which time the
employee shall not advance beyond the top of the established range, except as provided for in
Section 6. Performance Incentive Compensation below.
6. Performance Incentive Compensation
Employees represented by SMO who have remained at the top of the same salary range for five
(5) years may be eligible for an additional step increase of five percent (5%) following receipt of
a cumulative rating of three (3) points or greater during the annual employee performance
evaluation. Five (5) years after meeting the criteria for the initial performance incentive
compensation described above, a qualified employee – that is an employee who has remained at
five percent (5%) above the top of his/her same salary range – may be eligible for an additional
salary increase of five percent (5%), following receipt of a cumulative rating of three (3) points
or greater during the annual employee performance evaluation.
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VI. REVIEW AND APPRAISAL
All SMO members will receive annual reviews, consistent with the CITY’s performance review process.
New employees shall be evaluated after six months and after one year of service. All appraisals will be
in writing and will be signed by both the City Manager and the SMO member being reviewed.
VII. EMPLOYEE BENEFITS
A. Health and Dental – In-Lieu Payments
Health and dental in-lieu payments are made to employees who do not elect health and/or dental
insurance. Any employee who declines to accept coverage in the PERS Health Program, evidenced
by signing a waiver form, shall receive a monthly in-lieu payment of $118.75. Any employee who
declines to accept coverage in the Delta Dental Plan, evidenced by signing a waiver form, shall
receive a monthly in-lieu payment of $25.00.
B. Deferred Compensation
The CITY provides employees the opportunity to contribute to an IRS Section 457 deferred
compensation plan. Employees may contribute up to the maximum allowed by law. Contributions
may come from employee’s regular earnings through payroll deductions, or from any unused portion
of their Benefits Allowance.
In addition, the CITY will match SMO members’ contributions to a deferred compensation account
up to a maximum of $200.00 per month.
C. Car Allowance
SMO members shall receive a monthly $400.00 car allowance.
VIII. LEAVE
A. Annual Leave Accrual
All SMO employees will accrue annual leave at the following rate:
First 60 months of employment - 22 days (176 hours) per year
61st through 120th month - 27 days (216 hours) per year
121st month and beyond - 32 days (256 hours) per year
Members of SMO who begin employment with more than five (5) years of public service experience
(as employees of a City, County, State, or District) shall begin accruing at the sixty-one (61) month
rate.
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All employees begin accruing annual leave upon hire. New employees may not use annual leave
during their first six months of employment except for illnesses and other circumstances approved
by the City Manager. Annual leave and/or administrative leave are to be used for all time off from
work except for Jury Duty and Military leave.
B. Administrative Leave
CITY shall grant SMO members, on a fiscal year basis, 65 hours of administrative leave.
Administrative Leave is compensated time off given to regular, full-time exempt employees of
the City. This leave shall be taken in a manner consistent with PTO. Use of administrative leave
is a privilege and is provided in recognition that City projects often require employees to devote
whatever hours are necessary, irrespective of a regular scheduled workweek, to fulfill the
obligations of the job. Employees are granted a specific number of hours per fiscal year,
specified in each bargaining agreement. Administrative Leave must be taken by exempt
employees only in increments of (4) hours or more in a workday (29 CFR 541.710 Employees of
Public Agencies). For example, where the employee leaves work for four or more hours early to
take care of personal business.
Administrative Leave cannot be carried over from year to year and must be used by June 30th of
the fiscal year. Administrative Leave must be exhausted prior to using PTO.
.
IX. RETIREMENT (PERS)
The parties agree to a scheduled reopener in 2009 for the purpose only of discussing the financial
feasibility of enhancing the City’s retirement package with PERS (i.e., moving from the current 2% at
55 to 2.5% at 55). The discussion will be limited to (1) PERS financial situation and whether it will
become superfunded and, therefore, require a smaller contribution from the City; and (2) the City’s
financial situation and whether the City can afford to fund all or part of an enhanced retirement for
employees. The parties will schedule a time for the reopener in 2009 within 60 days after the City
receives an actuarial valuation from PERS of the cost of 2.5% at 55 and the discussions will not extend
beyond 60 days of the reopening.
X. TUITION REIMBURSEMENT
All regular employees of the CITY who have been employed continually for at least three (3) months
prior to the commencement of an approved or required course are eligible for the CITY’s tuition
reimbursement program.
A. Coursework for Degree or Certificate
If the course(s) taken is/are job related or in fulfillment of the requirements for a degree or
certificate, one-hundred percent (100%) reimbursement will be afforded for tuition, fees and books
by the CITY up to a maximum of one thousand dollars ($1,000) per employee per fiscal year. For
SMO members the City Manager will determine job-relatedness.
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B. Coursework for Professional Development
If the course(s) is/are not specifically related to the employee’s current position, and does not fulfill
the requirements for a degree or certificate, but does provide for professional development related to
the worker’s position of employment or a higher position in the CITY, reimbursement will be
afforded for tuition, fees and books by the CITY at one-hundred percent (100%), up to a maximum
five hundred dollars ($500) per employee per fiscal year.
Reimbursement will be afforded after successful completion of the course(s) requirements.
Successful completion is defined as a “C” grade or a “Pass” on a pass-fail system.
XI. WORKING CONDITIONS
The CITY will continue to operate on a 9/80 work schedule to be determined, for SMO members, by the
City Manager where a full-time work week, constitutes forty (40) hours within seven consecutive 24
hour days, also defined as one hundred sixty-eight (168) hours. Employees on a 9/80 schedule are
scheduled to work 8 nine hour days, 1 eight hour day, and have one day off every two weeks. An
employee’s workweek begins in the middle of the employee’s 8 hour day and the employee’s day off is
on the same day of the week in the following week. For example, the standard 9/80 work schedule is as
follows:
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
4
(end)
off
9
9
9
9 4
(start)
off
off
(end)
off
9
9
9
9 off
(start)
off
4
(end)
off
9
9
9
9 4
(start)
off
off
(end)
off
9
9
9
9 off
(start)
off
The City Manager has discretion to require some SMO employees to work a schedule different from the
standard 9/80 schedule including a schedule that is not 9/80. Fridays when the CITY is not open for
business are referenced as “off-Fridays.”
The work period (pay period) is the period encompassing two consecutive workweeks.
139
AGREEMENT BETWEEN THE CITY OF SARATOGA AND THE SARATOGA MANAGEMENT ASSOCIATION (SMO)
8
A holiday furlough will exist whereby the CITY operations are closed from December 24 through
January 1 of every year. Employees shall utilize their available balances (annual leave or administrative
leave), if applicable. Employees that utilize unpaid leave due to insufficient leave balance shall maintain
regular benefit status.
XII. SCOPE OF AGREEMENT
This MOU represents the entire and complete understanding reached between the representatives of the
CITY and the representatives of SMO for the period designated, and applies to all positions represented
by SMO.
XIII. RATIFICATION
This MOU is subject to ratification by a majority vote of the members of SMO. City Council adoption
of Resolution No. __________and ratification by SMO will commence the terms of this MOU.
Representative of the Representative of the
City of Saratoga Saratoga Management Association
____________
Dave Anderson, City Manager John Cherbone, President
____________________________________ ____________________________________
Date Date
140
AGREEMENT BETWEEN THE CITY OF SARATOGA AND THE SARATOGA MANAGEMENT ASSOCIATION (SMO)
9
Exhibit “A”
City of Saratoga - Page 1 of 1
POSITION 5-STEP SALARY
RANGE TABLE
FY07-08 w/3% COLA
CLASSIFICATION TITLE
(POSITION)
STEP ONE
STEP
TWO
STEP
THREE
STEP
FOUR
STEP
FIVE
SARATOGA MANAGEMENT
ASSOCIATION
ADJUSTE
D
5%
increase
5%
increase
5%
increase
5%
increase
Assistant City Manager bi-w 4,836.50 5,078.32 5,332.24 5,598.85 5,878.79
Public Works Director annual 125,748.88 132,036.32 138,638.14 145,570.04 152,848.54
Community Development Director hr. 60.46 63.48 66.65 69.99 73.48
Finance and Administrative Services
Director
Recreation Director
141
SARATOGA CITY COUNCIL
MEETING DATE: August 1, 2007 AGENDA ITEM:
ORIGINATING DEPT: Public Works CITY MANAGER:
PREPARED BY: DEPT HEAD:
John Cherbone, PW Director John Cherbone, PW Director
SUBJECT: Prospect Road Median Improvement Project - Agreement for Professional
Design Services
RECOMMENDED ACTION(S):
1. Move to authorize the City Manager to execute an Independent Contractor Agreement between
the City of Saratoga and Callander Associates Landscape Architecture, Inc. for professional
design services in the amount of $28,098 and an additional allocation in the amount of $2,500
for subsurface investigation.
2. Authorize the Mayor to sign a letter of understating with the City of San Jose regarding the
project.
REPORT SUMMARY:
Background:
The 1.9 mile section of Prospect Road, between Saratoga Avenue and Saratoga-Sunnyvale Road,
is a four lane major arterial with the centerline of the road forming the boundary between Saratoga
and San Jose. Currently the majority of Prospect Road is devoid of landscaped medians with the
exception of existing medians located between Saratoga Creek and Johnson Avenue and some
“hardscape” type medians near Highway 85. The existing landscaped medians were installed
approximately 20 years ago and are located within the section of Prospect Road that is entirely
with the city limits of Saratoga.
In 2001 the City adopted a five year Capital Improvement Plan (CIP), which included a median
improvement project on Prospect Road between Saratoga Avenue and Saratoga-Sunnyvale Road. The
project was supported by area residents in both Saratoga and San Jose as illustrated in the petition
form signed by approximately 270 residents. Additionally, a similar petition signed by San Jose
residents was submitted to the City of San Jose.
142
Because the City shares operation of Prospect Road with the City of San Jose, Council directed that
the cost of the project be shared evenly between the two jurisdictions. Subsequently the City Council
appropriated funds in the amount of $25,000 for creation of a median Master Plan with the caveat that
San Jose would share in the cost.
Unfortunately, the City could not convince San Jose to participate in the project and in 2005 the
design funds were allocated to other City projects.
At the November 15, 2006, City Council Meeting, Council formed an Ad-Hoc comprised of
Council Members King and Waltonsmith to reopen discussions with San Jose in particular Pete
Constant, the newly elected San Jose Council Member representing this area, to discuss the merits
of the project and explore cost sharing. Additionally, Council appropriated $50,000 towards
developing a Median Master Plan for the corridor during the 2006 CIP update.
Discussion:
Since formation of the Council Ad-Hoc last November, numerous meetings and discussions have
taken place with the City of San Jose and Pete Constant to develop a cost sharing agreement.
Unfortunately, because of tough budget times in San Jose an agreement to cost share could not be
developed. However, San Jose has agreed to support the project in principle by providing in-house
staff support connected to the Master Plan design. If the project moves forward a letter of
understanding will be drafted and signed by our Mayor and the City of San Jose.
Even though the City could not develop a cost sharing agreement with San Jose the benefits of
developing a Master Plan is beneficial to the future construction of the project. It will allow both
jurisdictions to have a better chance to acquire grants for the Construction Phase of the project and
create a tangible document that north area residents of the City can participate in creating.
In order to determine the actual cost to develop a Master Plan, Public Works distributed a Request
for Proposal to Provide Professional Design Services for the Prospect Road Medians Improvement
Project to ten landscape design companies. Three companies responded with cost proposals for the
requested services ranging from $2,500 to $42,700. After careful consideration it was determined
that the proposal submitted by Callander Associates Landscape Architecture, Inc. in the amount of
$28,098 was most responsive to the needs of the City.
Callander Associates is a full service design firm working primarily with public agencies and
municipalities. They have a successful track record for bringing projects to completion within
estimated construction cost.
The existing pavement cross sections may not be known from record documents. Since the
pavement removal, topsoil placement, and trenching through pavements represents significant
construction costs, Callander Associates recommends that they coordinate a pavement coring
company, on behalf of the City, to drill a limited number of 2” diameter cores to verify the
existing pavement cross sections in selected medians. The cost for this additional service is not
included in the proposal and is expected to be between $2,000 and $3,000.
143
Therefore staff recommends that the Council approve the Agreement with Callander Associates
Landscape Architecture, Inc. and authorize the City Manager to execute the same.
FISCAL IMPACTS:
The CIP contains sufficient funds for the Master Plan work.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
The Contract will not be executed and a Master Plan will not be developed at this time.
ALTERNATIVE ACTION(S):
None in addition to the above.
FOLLOW UP ACTION(S):
The Agreement will be executed.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
N/A
ATTACHMENTS:
1. Proposal.
2. Independent Contractor Agreement.
3. Consultant Proposal Summary
144
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PROPOSALI
for Professional Design Services
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Cit of Sarato a
To
145
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Callander Associates
Landscape Arcr1ito ure, Inc
I Apri14,2oo7
Mr. John Cherbone
I Public Works Director
I
City of Saratoga
13777 Fruitvale Avenue
Saratoga, California 95070
/
RE: PROSPECT ROAD MEDIANS IMPROVEMENT PROJECT/design ability
I Dear John:
/
Getting folks excited aboutfe Prospect Road Medians landscape plan is the easy part. Drawing
the master plan is also an ~asy part. The hard parts are:I /
1. understanding thle' construction implications of pavement removal and curb installation
I 2. understanding ~e implications of irrigation and utilities-related issues
3. getting the cOnftruction cost estimate right, and
4. anticipating tlje ongoing forever costs of median maintenance!
I As a full service de~ign firm working primarily with public agencies and municipalities, Callander
Associates is sensitive to getting these parts resolved and meeting the needs of the various
I stakeholders. We fmderstand design implications, and have a successful track record for bringing
projects to fruitioh within estimated construction costs. You will appreciate our ability to guide
I
participants thropgh the design process and into final project delivery. Northern California
communities hare continued to select our firm for similar assignments due to our:
I
• sensi,tivity and creativity in working with stakeholders, public entities, and neighborhoods
• ability to consistently and accurately estimate construction costs
I • abi1i!:y to stay within the scope, schedule and cost of professional services budgets, and
• assislmnce in delivering a high quality, sustainable median landscape design.
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Callander Asso~iates appreciates this opportunity to work with you and City staff. Please feel free
to contact me sl\ould you have any questions regarding our proposal.
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Enclosure: Two co~ies of Proposal
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325 South First Street, Suite 300
San ose,CA 95 I 13
T 408 275 0565
I
f 4082758047
arie Mai, Associate
LandSGape Architecture Peter E. Callfr1J~~e~al
Urban Design A. Mark Slichter, ASLA, Principal
San Mateo Land Planning Brian G. Fletcher, ASLA, Principal
Rancho Cordova Park and Recreation Planning Erik Smith, AS LA, principal
www.callanderassociates.com Environmental Planning B njamin W. Woodside, ASLA, Principal
146
I Table of Contents
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I page
Background Finn Profile 1I
I Background Relavellf Projects 2
I Related Projects 5
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Staff Experience ReSUlnes 6I
I Organization Chart 8
I Scope of Services 9
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I Cost of Providing Services 13
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I @
I callander Associates
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BackgroundI
Callander Associates Landscape Architecture Firm Profile
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I Location of office where
work Is to be performed:
I 325 South First Street
Suite 300
San Jose, CA 95113
I 408.275.0565
408.275.8047 F
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CiJllandel AssociLlte<;
Two of the best measures of a successful median project are
how well the community supports the design when it reaches
the Council level and how quickly the document crystallizes
into real landscape improvements. With experience on over 50
median design and planning projects throughout their history,
Callander Associa tes brings a successful track record for designing
feasible solutions that are sensitive to budget and stakeholder
parameters.
Callander Associates is a private landscape architecture and
planning firm located in San Jose. It was founded in 1973 by
Peter Callander and operates under California Registration No.
1308. The firm of landscape architects provides a full complement
of service that includes consultation, master planning, design
studies, preliminary plans, construction documents, and
construction review services. It is one of the few full service
landscape architectural firms providing full time construction
administration support as well.
The firm works closely with public works departments, chambers,
Caltrans, and the community on city-wide and neighborhood
street projects to facilitate creative and comprehensive design
alternatives unique to the character of each community. Many of
Callander Associates' more complex and interesting projects have
involved an emphasis on design alternatives, construction cost
control and reconciliation of maintenance budgets.
The firm is composed of principals Peter Callander, Mark
Slichter, and Brian Fletcher, all of whom are licensed landscape
architects. The firm's principals and associates have successfully
implemented a variety of median landscapes throughout
California. The principals have successfully completed over
twelve miles of median and transportation corridor landscape
improvements within the last four years. With a variety of median
types and scales, the firm has successfully helped communities
integrate street improvements into the fabric of the surrounding
neighborhood.
City of Saratoga -Prospect oad Medians Improvement Project I 1
P l 48Proposallndd
148
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BackgroundI
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Saratoga Medians
Saratoga
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SIS Median -Railroad to Cox
Saratoga
Airport/Anza Medians
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Burlingame
EI Camino Real Median Master Plan
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San Bruno
Dublin Medians
Dublin
I McKee Road Median
San Jose
I John Daly Boulevard Median
Daly City
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EI Camino Real Medians
San Carlos
I Mariners Island Median
San Mateo
I San Bruno Medians
San Bruno
Milpitas Medians I Milpitas
I
Ralston Avenue Medians
Belmont
Belmont Medians
BelmontI Main St eet Medians
Watsonville
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I Callander AssoCiales
'.
City of ~aratoga -Prospect RO.:ld Medians Improvement Project I 2
PI "'49Pr(lJ:osal If'dj
Relavent Projeccts
As part of a larger downtown revitalization
program, the City of San Carlos selected
this 3,100 foot long major corridor as an
initia 1 step for implementation. Callander
Associates assisted the City Public
Works staff in resolving critical visual
impact, construction costs, and phasing
issues. Using a combination of slides,
perspective renderings, plan and cross·
sectional drawings, Callander Associates
developed "before" and "after" conditions
of the median improvements for staff
and public review as part of the public
outreach component of their services. The
Redevelopment Agency, Public Works
Department and Park and Recreation
Department has continued to retain
Callander Associates over the last eight
years over twelve different assignments
involving streetscapes, parks and design
vision with the community.
149
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BackgroundI
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Weber Medians
Stockton
Hercules City Hall & Medians
Hercules
K-Mart Median
Watsonville
San Carlos Medians
San Carlos
EI camino Real Median Modifications
San Carlos
Bridge Street Medians
W tsonville
EI camino R al Median Master Plan
Millbrae
san Bruno Avenue Medians
San Bruno
Shoofly Medians
San Carlos
Chestnut/San Carlos Median
San Carlos
EI Monte Avenue Medians
Los Altos
Serra -Daly Medians
Daly City
EI camino Real Median Improvements
Millbrae
Atherton EI Camino Real Medians
Atherton
Callander Associate
Relavent Projeccts
With several redevelopment projects underway to help
revitalize downtown Stockton, the medians along the Weber
Avenue downtown thoroughfare were identified as a priority
upgrade. The raised medians were a dull concrete gray and
damaged from repeated vehicular impacts. The year-old
plants in the recently completed median landscaping were in
decline. The City of Stockton retained Callander Associates to
diagnose the problem and redesign the median. Evaluation of
the existing landscaping revealed that poor soil preparation,
an inappropriate plant palette, and shallow soil depths led to
the decline of the existing planting.
Callander Associates specified import
topsoil to provide for a deeper soil
depth. A new plant palette of hardy,
drought-tolerant flowering plants was
chosen to withstand the valley's high
summer temperatures and the harsh
conditions of the street. The discolored
concrete was prepped and painted,
beforedrawing from the color palette of
the adjacent downtown buildings.
Decorative brick fascias matching
the nearby waterfront plaza and
renovated historical hotel were added
to provide visual interest and reinforce
downtown's unique characteristics.
after
City of Saratoga -Prospect Road Medians Improvement Project I 3
P1-:"48Pmpo allndcl
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BackgroundI
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EI Camino Real Medians
Belmont
Alvarado Niles Medians
Union City
South EI Camino Real Medians
San Carlos
DeCato Road Medians
Union City
Industrial Road Medians
San Carlos
EI Camino Real Medians
Millbrae
EI Camino Real Two Medians
San Bruno
Belle-Brittal Medians
San Carlos
Tanforan Way Medians
San Bruno
Almaden Boulevard
Medians
San Jose
Costco SSF Medians
South San Francisco
Stanley Boulevard Medians
Pleasanto
CJllunder A:,soclutes
Relavent Projeccts
As part of an on-going City Beautification
project, the City of Belmont retained Callander
Associates to design and prepare bid
documents for the entire length of El Camino
Real. Construction was completed in the
summer of 1993 for 1.3 miles of medians. The
budget was $1.1 million and the final landscape
improvements provide an immediate landscape •
impact. A water-conserving irrigation system
incorporates equipment to reduce run-off, over
spray, and over-watering. Callander Associates
collaborated with the City on developing a
typical cross-section for median excavation and
trenching to minimize project costs for import
soil yet still provide satisfactory growing
medium for the new landscaping. Callander Associates' median designs for
Belmont's neighboring City, San Carlos, were implemented along the same
highway the previous year and as a result provide a long graceful sequence of
spaces on what was previously a harsh, treeless stretch of highway. The plant
palette included a unique mix of native trees, shmbs, and groundcover mixed
with selected non-natives that were carefuJJy reviewed with the community and
City maintenance staff in a number of community meetings.
Streetscape improvements
have played a Significant role
in the revi talization of San
Jose's downtown. One of the
most recognizable examples
of this is Almaden Boulevard.
The design team assisted in the
transformation of this street
into a visible landmark for the
city center. The addition of
stately palm trees in the street
medians accentuates the scale
of the surrounding high-rise
office buildings. Jacaranda trees at the Santa Clara Street intersection prOVide
a colorful entry statement to the street while serving as an excellent backdrop
to a public art piece. Special paving at the intersections highlight pedestrian
crossings while adding visual interest to a wide stretch of asphalt.
City of Saratoga -Prospect Road Medians Improvement Proj ct I 4
P -48PrcQQsallndCl
151
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Related Proj eets I
From the last five years
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I • El Camino Real Median Master Plan
City of Millbrae
Ralph Petty, Community Development Director I (650) 259-2341
I • Dublin Medians
City of Dublin
Steven Yee, P.E., Associate Civil Engineer I (925) 833-6630
I • El Camino Real Median Master Plan
• San Bruno Avenue Medians
• Tanforan Way MediansI City of San Bruno
Dave Perazzo, Parks and Facilities Services Manager
I (650) 6]6-7193
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• Weber Medians
City of Stockton
Gemma M. Biscocho, P.E., Associate Civil Engineer
I (209) 937-8281
I • El Camino Real Median Modifications and Improvements
City of San Carlos
Parviz Mokhtari, P.E., Public Works Director/City Engineer
I (650) 802-4202
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• El Monte Ave Medians
City of Los Altos
Jim Porter, Public Works Director I (650) 948-0482
CiJlIClnder ASSOclLltes City of Saratoga -Pro~pect Road Median!> Improvement Project I 5
p I ~ t13Proposal.1ndd
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152
I
Staff Experience I
Peter E. Callander, ASLAI senior principal
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I Background
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I Experience
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I Related Projects
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Callander A.,sOC!i1tes
Resumes
Bachelor of Landscape Architecture, State University of New
York College of Forestry, 1967
Bachelor of Science, Syracuse University, 1967
Landscape Architect, State of California #1308
American Society of Landscape Architects
Principal and Owner, Callander Associates: With over thirty
seven years of professional practice in both the public and
private sectors, Peter has prepared landscape master plans,
design alternatives, and transportation corridor landscape
plans for a variety of transportation agencies throughout
northern California. His previous experience in developing
creative solutions for other transportation and neighborhood
corridors will be particularly useful on the Prospect Road
Median Improvements project.
Related projects include:
• EI Camino Real Medians, Belmont
• Ralston at Hiller Entry Triangle, Belmont
• EI Camino Real at Ralston Strip Plantings, Belmont
• Downtown Streetscape Improvements, Concord
• Brittan Avenue -Route 101 Interchange, San Carlos
• Millbrae Avenue Grade Separation, Millbrae
• EI Camino Real Medians, San Carlos
• EI Camino Real Medians, Millbrae
• Route 68 Scenic Bypass, Monterey County
• 1-580 -1-680 Visual Impact Assessment, Pleasanton
• Anza Overpass -PS. & E.s, Burlingame
• Cal train Corridor Landscape, Belmont
• Adeline, Shattuck and San Pablo Avenue Median Irrigation,
Berkeley
City of Saratoga -Prospect Road Vledians Improvement Project I 6
P1 7 43Pr posal I dd
153
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Staff Experience I
Marie Mai
project managerI
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I Background
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Related Projects
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Callander Associates
Resumes
Bachelor of Science in Landscape Architecture, University of
California at Davis
Bachelor of Science in Biological Sciences, University of
California at Davis
Certified Playground Safety Inspector
Marie has become an exceptionally valuable asset to the firm,
our clients, and project stakeholders. Her understanding and
knowledge of complex project issues such as ADA compliance,
public outreach, community expectations, athletic field design,
as well as her problem solving skills, have contributed to the
success of each project. Her proficiency in regulatory permitting
processes, working drawings, and schedule management has
allowed the City of San Jose to meet the grant implementation
deadlines for the $1.5 million Guadalupe Trail Bridge.
Related projects include:
• Weber Medians, Stockton
• Village Parkway Medians, Dublin
• Stanley Boulevard Medians, Pleasanton
• Hayward Downtown, Hayward
• Linden Avenue, San Bruno
• El Monte Avenue Medians, Los Altos
• West A Street Realignment, Hayward
• Shoreline Boulevard Reconstruction, Mountain View
• Airport Way Streetscape, Stockton
• Downtown Sidewalk Rehabilitation, Stockton
City of aratoga -Prospect Road Medians Improvement Project I 7
p. -.i8Propusalll,d J
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Organization Chart I
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I The unique characteristics of the Prospect Road Medians
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Improvement project requires a collaborative approach between
the City and a flexible, seasoned landscape architectural finn
experienced in the planning, design, and construction of similar
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facilities. Callander Associates staff brings together key personnel
who are experienced in working in this collaborative environment
and who have managed the landscape design component of
similar median improvement projects.
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Callander ASSDClales ily of Saratoga -Prospect Road M ~dians Improvem >nt Project I 8
P' -48Proposal 1dd
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Scope of ServicesI
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I To guide and control the schedule and the scope of the Master Plan
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for the Prospect Road Medians in Saratoga, Callander Associates
has developed the following scope of services. This scope and the
associated fees have been prepared based upon the City's Request
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for Proposal dated March IS, 2007, and will include aU thirteen
medians along the 6,500 foot length of the site. Items shown in
boldface italics represent the deliverables or work documents to
be provided at that task.
I PHASE 1.0 ANALYSIS
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1.01 Kick-Off Meeting: Attend a single kick-off meeting with
City staff and project design team to review scope of work,
schedule, and current design thoughts. Assist in preparing
project schedule, meeting agenda, and meeting summary.
This meeting shall also include representatives from Public
Works and others as warranted.
I 1.02 Document Research: Obtain and review other information
that may be pertinent from the City including previous
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master plans, existing street improvement drawings,
other median plan, any available data on major utilities,
and previous design studies. Review existing utility, City
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standards or other existing information provided by City.
Based upon review, prepare summary memo.
1.03 Aerial Photograph: Using City aerial photo base data,
enlarge same and reformat aerial photo plan of the streetI corridor for use in base sheets and drawing presentation;
scale to be at approximately twenty scale, yielding about
four sheets of drawings on 24x36 format. I 1.04 Site Reconnaissance: Walk the entire site to review the
existing conditions and proposed design; photographI same and prepare a keyed photo log of entire site; provide
City with two paper copies and one compact disc.
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I Callander Associates City of Saratoga· Pro!>pect Road Medians lmprovement Project I 9
Pl ~48PropOS31lndd
Scenic views to the hills should be preserved
and not masked by large median trees.
Sight distances to signals and signage
need to be preserved.
156
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Scope of ServicesI
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I 1.05 Pavement Coring (optional task): The existing pavement
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cross section in the various medians may not be known
from record documents. Since the pavement removal,
topsoil placement, and trenching through pavements
represents significant construction costs, Callander
Associates recommends that we coordinate a pavement
coring company, on behalf of the City, to drill a limited
number of 2" diameter cores to verify the existing
pavement cross sections in selected medians. We would
I coordinate, document, graph and prepare a written
summary report on this on-site coring, reflecting the
results in the Landscaped Median Master Plan.
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I 1.06 Existing Utilities: Using general utility information
available from City records and our limited on-site visual
observations, we would add this information to the baseI sheets to generally influence any landscape elements as
part of the Master Plan.
I 1.07 Proposed Utilities: Review the proposed and/or potential
points of connection for irrigation water and irrigation
controlled electrical power sources. Review preferredI irrigation eqUipment and control systems with City staff.
Prepare written irrigation connection and equipment
memo; include summary of water conservation measures.I
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I Callander ASSOCiates ity of Saratoga -Prospect Hoad Medians lmpro ement ProjecL I 10
P17 4SF'roposal.ll"1dd
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Scope of ServicesI
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I PHASE 2.0 CONCEPTUAL LANDSCAPE DESIGN
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2.01 Draft Conceptual Master Plan: Based on the preceding
and input from City staff, prepare a draft conceptual
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master plan at forty scale showing proposed median
configuration based on the existing yellow double lines,
proposed trees, shrubs, groundcover and hardscape.
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Prepare up to four cross sections at quarter scale to
illustrate the general design character and planting; render
in color.
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2.02 Image Boards: Prepare up to two image boards to help
illustrate proposed design themes and aesthetics. Boards
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to include images of proposed plantings, irrigation
equipment, and other images to convey general design
characteristics. Submit five llx17 color copies and one
PDF of image boards for City review.
I 2.03 Enlarged Plans: Prepare two en.larged plans at eighth
or tenth scale of up to two portions of the more typical
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medians to illustrate the general design character; render
in color.
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2.04 Project Cost Estimate: Prepare an estimate of probable
construction cost to include further design and planning
costs for the project as outlined. Said cost estimate to be
based on 70 to 80, or more, individual line items with
specific quantities and unit costs, substantiated by recentlyI bid public works median projects; collaborate with City on
presenting a reasonable phasing plan.
I 2.05 Maintenance Cost Estimate: Prepare an estimate of
probable maintenance costs based on consultation with up
to three private landscape maintenance companies; submitI written summary.
2.06 Design Review Meeting: Prepare for and attend aI combined meeting with City staff and others as warranted.
G
Goal of meeting is to review the draft conceptual master
plan and the above information, and develop a direction I for proceeding with refinements. Prepare meeting
summary.
I Callander AssoCiat 5 City of aratoga -Prospect Road Medians Improvement Project I 11
P 1-48PrOlJosal indd
Relationship of adjacent major tree and
vegetation might influence the selection
of trees in the median.
Other medians within Saratoga and
nearby communities offer a point of
reference.
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Scope of ServicesI
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PHASE 3.0
3.01
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3.03
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The wider medians offer a wonderful
opportunity to reinforce the residential
qualities of certain portions of Prospect
Road.
The narrower medians offer a hardscape
solution to address high maintenanance
costs while still providing a safety barrier.
LANDSCAPE MEDIAN MASTER PLAN
Design Refinement: Based on input from the 2.0 phase,
proceed to refine, revise and complete the landscape
median master plan and provide the following drawings,
rendered in color:
a. landscape median master plan: overall site at twenty
scale
b. enlarged median plan: two selected portions at tenth
scale
c. typical cross sections: four
d. image boards: two
e. updated construction cost estimate
f. updated maintenance cost estimate
Booklet: Format the above information into an 11/17
booklet to include the above and a brief summary of the
planning process.
Design Review Meeting: Prepare for and attend a
combined meeting with City staff and others as warranted.
Goal of meeting is to review the draft conceptual master
plan and the above information, and develop a direction
for proceeding with refinements. Prepare meeting
summary.
Council Meeting: Prepare "Powerpoint" presentation
and present above information at a City Council meeting;
provide ten copies of 11/17 booklet.
I
I Cllilander Assoclate<; City of aratoga -Prospect Road Medians Improvement ProjccL I 12
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159
I
Cost of Providing Services I
AprilS, 2007
I
I
I
Professional Services
The following fees and reimbursable expenses are proposed
and will remain valid for a period of 60 days from the date
I of this proposal. We have estimated our time and expenses
based on the overall project budget, wi th drawings and
services being prepared in a single package at one time.I
Compensation
I 1.0 Analysis (lump sum) $9,624
2.0 Conceptual Landscape Design (lump sum) $10,184
I 3.0 Landscape Median Master Plan (lump sum) $6,690
Reimbursable Expenses (allowance) $1.600
Total (for above services) $28,098
I
I Exclusion: The cost of a pavement coring company is not
included in the above professional design fees or reimbursable
expenses at this time. Once the number of cores is determined in
collaboration with City staff, that cost can be better defined and
budgeted. The anticipated costs are less than $150 per core.
I
I
Standard Hourly Rates
General
The following list of fees and reimbursable expense items
shall be used in providing service in the agreement. These I amounts shall be adjusted in January, upon issuance of an
updated Standard Schedule of Compensation:
I Hourly Rates
Senior Principal
Principal
I Associate 1
I
Associate 2
Associate 3
Project Manager 1
Project Manager 2
Project Manager 3
Project Manager 4I Project Manager 5
$l91/hour
$155/hour
$150/hour
$139/hour
$125/hour
$139/hour
$125/hour
$120/hour
$113/hour
$108/hour
Construction Manager $1l9/hour
Assistant 1 $l13/hour
Assistant 2 $108/hour
Assistant 3 $96/hour
Assistant 4 $89/hour
Assistant 5 $78/hour
Assistant 6 $71/hour
Word Processor $90/hour
Accounting $105/hour
I Callander ASSOCIates City of Saratoga -Prospect Road Medians Improvement Project 13
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160
-------------------
Cost of Providing Services
Fee Matrix
Callander Associates' Personnel and Rates
Phase Description
Senior Principal
~ SI91
hrs I $'s
Project Manager (2)
$125
hrs I $'s
Assistant (3)
~ $96
Word Processor
~ $90
hrs I $'s
CA Fees
hrs I $'s hrs I $'s
1.0 Analysis ---
1.01 kick off meeting 4.0 $ 764.00 8.0 $ 1,000.00 4.0 $ 384.00 2.0 $ 180.00 18.0 $ 2,328.00
1.02 document res search -$ -4.0 $ 500.00 8.0 $ 768.00 -$ -12.0 $ 1,268.00
1.03 aerial photograph -$ --$ -8.0 $ 768.00 -I $ -8.0 $ 768.00
-I-:. $ T 768.001.04 sIte reconnaIssance 2.0 382.00 4.0 $ 500.00 8.0 -$ -14.0 $ 1,650.00
1.05 Ipavement coring (optional task) -$ -8.0 $ 1,000.00 4.0 $ 384.00 -1 $ -12.0 $ 1,384.00
1.06 existing utilities -$ -2.0 $ 250.00 8.0 $ 768.00 -S -10.0 $ 1,018.00
1.07 Iproposed utilities 2.0 $ 382.00 2.0 $ 250.00 6.0 $ 576.00 . $ -10.0 $ 1,208.00
8.0 $ 1528.00 28.0 $ 3,500.00 46.0 $ 4416.00 2.0 $ 180.00 84.0 $ 9624.00
2.0 Conceptual Landscape Plans
2.01 draft conceptual master plan 2.0 $ 382.00 8.0 $ 1.000.00 16.0 $ 1.536.00 -$ . 26.0 $ 2,918.00
$ -
2.02 image boards --2.0 $ 250.00 12.0 $ U52.00 2.0 $ 180.00 16.0 $ 1,582.00
2.03 enlarged plans -$ -2.0 $ 250.0~ 12.0 $ 1,152.00 -$ . 14.0 $ 1.402.00
2.04 Iproject cost estimate 1.0 $ 191.00 3.0 $ 375.00 8.0 $ 768.00 4.0 5) 360.00 16.0 $ 1,694.00
I--
2.05 maintenance cost estimate -$ -3.0 S 375.00 4.0 $ 384.00 1.0 $ 90.00 8.0 $ 849.00
2.06 design review meeting 3.0 $ 573.00 4.0 $ 500.00 6.0 $ 576.00 1.0 $ 90.00 14.0 $ I 739.00
6.0 $ 1 146.00 22.0 $ 2750.00 58.0 $ 5568.00 8.0 $ 720.00 94.0 $ 10,184.00
Callander ASSOCiates
@
3.0 Landscape Median Master Plan
$ __191.00 f
-3.01 design refinement 1.0 4.0 I S 500.00 16.0 $ 1,536.00 -5) -21.0 $ 2,227.00
4.0+ $ ----------
3.02 booklet -$ -500.00 10.0 $ 960.00 -$ -14.0 $ 1,460.00
3.03 design review meeting 3.0 $ 573.00 4.0 $ 500.00 -$ -1.0 $ 90.00 8.0 $ 1,163.00
3.04 Council meeting 4.0 $ 764.00 4.0 $ 500.00 6.0 $ 576.00 -$ -14.0 $ 1,840.00
8.0 $ 1 528.00 16.0 $ 2000.00 32.0 $ 3072.00 1.0 $ 90.00 57.0 $ 6,690.00
City of Saratoga -Prospect Road Medians Improvement Project I 14
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161
CITY OF SARATOGA
PUBLIC WORKS DEPARTMENT STANDARD
INDEPENDENT CONSULTANT AGREEMENT
PROSPECT ROAD MEDIANS IMPROVEMENT PROJECT
THIS AGREEMENT is made at Saratoga, California by and between the CITY
OF SARATOGA, a municipal corporation ("City"), and CALLANDER
ASSOCIATES LANDSCAPE ARCHITECTURE, INC., ("Consultant"), who agree
as follows:
RECITALS
WHEREAS, City requires the services of a qualified Consultant to provide
the professional services described in Exhibit A of this Agreement; and
WHEREAS, City lacks the qualified personnel to provide the specified
professional services; and
WHEREAS, Consultant is duly qualified to provide the required professional
services; and
WHEREAS, Consultant is agreeable to providing such professional services
on the terms and conditions hereinafter set forth.
NOW THEREFORE, the parties hereto agree as follows:
1. RESULTS TO BE ACHIEVED Subject to the terms and conditions
set forth in this Agreement, Consultant shall provide to City the professional
services described in Exhibit A ("Scope of Services"). Consultant is not
authorized to undertake any efforts or incur any costs whatsoever under the
terms of this Agreement until receipt of a fully executed Purchase Order
from the Finance Department of the City of Saratoga.
2. TERM The term of this Agreement commences on August 1,
2007, and extends through August 1, 2008 or the completion of the project,
whichever occurs first, unless it is extended by written mutual agreement
between the parties, provided that the parties retain the right to terminate
this Agreement as provided in Exhibit D (“General Provisions”) at all times.
3. PAYMENT City shall pay Consultant for professional services
rendered pursuant to this Agreement at the time and in the manner set
forth in Exhibit B ("Payment"). The payments specified in Exhibit B shall be
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the only payments to be made to Consultant in connection with
Consultant’s completion of the Scope of Services pursuant to this
Agreement. Consultant shall submit all billings to City in the manner
specified in Exhibit B; or, if no manner is specified in Exhibit B, then
according to the usual and customary procedures and practices which
Consultant uses for billing clients similar to City.
4. FACILITIES AND EQUIPMENT Except as set forth in Exhibit C
("Facilities and Equipment"), Consultant shall, at its sole cost and expense,
furnish all facilities and equipment, which may be required for completing
the Scope of Services pursuant to this Agreement. City shall furnish to
Consultant only the facilities and equipment listed in Exhibit C according to
the terms and conditions set forth in Exhibit C.
5. GENERAL PROVISIONS City and Consultant agree to and shall
abide by the general provisions set forth in Exhibit D ("General Provisions").
In the event of any inconsistency between said general provisions and any
other terms or conditions of this Agreement, the other term or condition
shall control insofar as it is inconsistent with the General Provisions.
6. EXHIBITS All exhibits referred to in this Agreement are attached
hereto and are by this reference incorporated herein and made a part of this
Agreement.
7. CONTRACT ADMINISTRATION This Agreement shall be
administered on behalf of City by Dave Anderson ("Administrator"). The
Administrator has complete authority to receive information, interpret and
define City's policies consistent with this Agreement, and communicate with
Consultant concerning this Agreement. All correspondence and other
communications shall be directed to or through the Administrator or his or
her designee.
8. NOTICES All notices or communication concerning a party's
compliance with the terms of this Agreement shall be in writing and may be
given either personally, by certified mail, return receipt requested, or by
overnight express carrier. The notice shall be deemed to have been given
and received on the date delivered in person or the date upon which the
postal authority or overnight express carrier indicates that the mailing was
delivered to the address of the receiving Party. The Parties shall make good
faith efforts to provide advance courtesy notice of any notices or
communications hereunder via telefacsimile. However, under no
circumstances shall such courtesy notice satisfy the notice requirements set
forth above; nor shall lack of such courtesy notice affect the validity of
service pursuant to the notice requirement set forth above. Any Party
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hereto, by giving ten (10) days written notice to the other, may designate any
other address as substitution of the address to which the notice or
communication shall be given. Notices or communications shall be given to
the Parties at the addresses set forth below until specified otherwise in
writing:
Notices to Consultant shall be sent to:
Peter Callander, Senior Principal
Callander Associates Landscape Architecture, Inc.
325 South First Street, Suite 300
San Jose, CA 95113
Notices to City shall be sent to:
Dave Anderson, City Manager
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
With a copy (which copy shall not constitute notice) to:
City Clerk
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
9. ENTIRE AGREEMENT This Agreement supersedes any and all
agreements, either oral or written, between the parties hereto with respect to
Consultant's completion of the Scope of Services on behalf of City and
contains all of the covenants and agreements between the parties with
respect to the rendering of such services in any manner whatsoever. Each
party to this Agreement acknowledges that no representations,
inducements, promises or agreements, orally or otherwise, have been made
by any party, or anyone acting on behalf of any party, which are not
embodied herein, and that no other agreement, statement or promise not
contained in this Agreement shall be valid or binding. No amendment,
alteration, or variation of the terms of this Agreement shall be valid unless
made in writing and signed by the parties hereto.
-The remainder of this page is intentionally blank-
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
CONSULTANT:
By: ________________________________ Date: _________________
Print Name: ________________
Position: ____________________________
CITY OF SARATOGA, a municipal corporation
By: __________________________________ Date: __________________
Name: Dave Anderson
Title: City Manager
APPROVED AS TO FORM:
By:_______________________________ Date:___________________
City Attorney
APPROVED AS TO BUDGET AUTHORITY AND INSURANCE:
By:_______________________________ Date: __________________
Administrative Services Director
Attachments
Exhibit A -- Scope of Services
Exhibit B -- Payment
Exhibit C -- Facilities and Equipment
Exhibit D -- General Provisions
Exhibit E -- Insurance Requirements
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EXHIBIT A
SCOPE OF SERVICES
Consultant shall complete following Scope of Services.
1. Analysis
The Consultant shall:
• Attend a kick-off meeting to review Scope of Services and project
schedule, assist in preparing meeting agenda and meeting
summary;
• Obtain from the City, copies of available recorded maps,
improvement plans, as-built or record utility plans, aerial
photographs, previous master plans and median plans pertinent to
the project and prepare summary memo;
• Prepare overall site plan based on City-provided aerial
photographs and parcel map in approximately twenty scale
including existing utilities;
• Perform site reconnaissance, review existing conditions,
photograph the site, and prepare a photo log. Provide City two
copies and one electronic copy;
• Review proposed and/or potential points of connection for
irrigation water and electrical/telephone sources for irrigation
controllers. Review preferred irrigation equipment and control
system with City staff, prepared irrigation connection and
equipment memo including summary of water conservation
measures;
• Additional Service: Recommend pavement coring number and
location to document existing pavement conditions. Coordinate a
pavement coring company to drill a limited number of 2” diameter
cores in medians if needed. Prepare a summary report, reflecting
the results in the Landscape Median Master Plans and cost
estimates. This task will only be completed upon receipt of a
written authorization from the City and would be billed on a lump
sum fee basis to be documented in a written amendment to this
agreement.
2. Conceptual Median Landscape Design
The Consultant shall:
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• Based on the analysis results and City staff input, prepare a Draft
Conceptual Master Plan at forty scale showing proposed median
configuration (configuration to be based on location of existing
yellow double lines), trees, shrubs, groundcover and hardscape.
Prepare four cross sections at quarter scale, render in color;
• Prepare up to two image boards showing proposed planting,
irrigation equipment and other images to convey general design
characteristics. Submit five 11x17 color copies and one pdf of all
images on the image boards;
• Prepare two enlarged plans of two portions of the more typical
medians to illustrate the general design character, render in color;
• Prepare an estimate of probable construction cost including
further design and planning costs. Collaborate with City on
presenting a reasonable phasing plan;
• Prepare an estimate of probable maintenance costs;
• Prepare for and attend a meeting with City staff and others as
warranted to review the draft conceptual master plan, develop a
direction for proceeding with refinements. Prepare meeting
summary.
3. Landscape Median Master Plan
• Based on the input during the Draft Conceptual Master Plan
review, proceed to refine, revise and complete the Landscape
Median Master Plan and provide the following drawings, rendered
in color: overall site, two selected enlarged portions, four typical
cross sections, two image boards, updated construction and
maintenance cost estimate;
• Summarize the above information in an 11x17 color booklet and a
summary of the planning process;
• Prepare for and attend a meeting with City staff and others as
warranted to review the Conceptual Master Plan, develop a
direction for proceeding with refinements. Prepare meeting
summary;
• Prepare “Powerpoint” presentation and present above information
at a City Council meeting. Provide ten copies of the booklet and an
electronic version on a CD.
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EXHIBIT B
PAYMENT
1. TOTAL COMPENSATION City shall pay Consultant an amount not
to exceed the total lump sum of Twenty Eight Thousand Ninety Eight
Dollars ($28,098.00) for services to be performed and reimbursable costs
incurred pursuant to this Agreement, exclusive of any Additional Services
allowance.
2. INVOICES Consultant shall submit invoices, not more often than
once a month during the term of this Agreement, based on the percentage of
completion for professional services rendered prior to the invoice date.
Invoices shall contain the following information:
a. Serial identifications of bills, i.e., Bill No. 1;
b. The beginning and ending dates of the billing period;
c. A summary containing the total contract amount, the amount
of prior billings, the total due this period, and the remaining
balance available for all remaining billing periods.
3. MONTHLY PAYMENTS City shall make monthly payments, based
on such invoices, for satisfactory progress in completion of the Scope of
Services.
4. REIMBURSABLE EXPENSES There shall be no right to
reimbursement of expenses incurred by Contractor except as specified in
Exhibit A to this Agreement.
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EXHIBIT C
FACILITIES AND EQUIPMENT
City shall furnish physical facilities such as desks, filing cabinets,
and conference space, as may be reasonably necessary for Consultant's use
while consulting with City employees and reviewing records and the
information in possession of City. The location, quantity, and time of
furnishing said physical facilities shall be in the sole discretion of City. In
no event shall City be obligated to furnish any facility which may involve
incurring any direct expense, including, but not limiting the generality of
this exclusion, long-distance telephone or other communication charges,
vehicles, and reproduction facilities. Consultant shall not use such
services, premises, facilities, supplies or equipment for any purpose other
than in the performance of Consultant's obligations under this Agreement.
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EXHIBIT D
GENERAL PROVISIONS
1. INDEPENDENT CONSULTANT At all times during the term of
this Agreement, Consultant shall be an independent consultant and shall
not be an employee of City. Consultant shall complete the Scope of Services
hereunder in accordance with currently approved methods and practices in
Consultant's field. City shall have the right to control Consultant only with
respect to specifying the results to be obtained from Consultant pursuant to
this Agreement. City shall not have the right to control the means by which
Consultant accomplishes services rendered pursuant to this Agreement.
Likewise, no relationship of employer and employee is created by this
Agreement between the City and Consultant or any subconsultant or
employee of Consultant. Nothing contained in this Agreement shall be
construed as limiting the right of Consultant to engage in Consultant
profession separate and apart from this Agreement so long as such activities
do not interfere or conflict with the performance by Consultant of the
obligations set forth in this Agreement. Interference or conflict will be
determined at the sole discretion of the City.
2. STANDARD OF PERFORMANCE Consultant shall provide the
professional services required pursuant to this Agreement in the manner
and according to the standards observed by a competent practitioner of the
profession in which Consultant is engaged in the geographical area in which
Consultant practices its profession. All deliverables of whatsoever nature
which Consultant delivers to City pursuant to this Agreement shall be
prepared in a substantial, first class and professional manner and conform
to the standards of quality normally observed by a person practicing in
Consultant’s profession.
3. TIME Consultant shall devote such time to the Scope of
Services pursuant to this Agreement as may be reasonably necessary for
satisfactory performance of Consultant's obligations pursuant to this
Agreement.
4. CONSULTANT NO AGENT Except as City may specify in writing,
Consultant shall have no authority, express or implied, to act on behalf of
City in any capacity whatsoever as an agent. Consultant shall have no
authority, express or implied, pursuant to this Agreement to bind City to
any obligation whatsoever.
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5. BENEFITS AND TAXES Consultant shall not have any claim under
this Agreement or otherwise against City for seniority, vacation time,
vacation pay, sick leave, personal time off, overtime, health insurance,
medical care, hospital care, insurance benefits, social security, disability,
unemployment, workers compensation or employee benefits of any kind.
Consultant shall be solely liable for and obligated to pay directly all
applicable taxes, including, but not limited to, federal and state income
taxes, and in connection therewith Consultant shall indemnify and hold City
harmless from any and all liability that City may incur because of
Consultant’s failure to pay such taxes. City shall have no obligation
whatsoever to pay or withhold any taxes on behalf of Consultant.
6. ASSIGNMENT PROHIBITED No party to this Agreement may assign
any right or obligation pursuant to this Agreement. Any attempted or
purported assignment of any right or obligation pursuant to this Agreement
shall be void and of no effect. However, with the consent of the City given in
writing, Consultant is entitled to subcontract such portions of the
professional services to be performed under this Agreement as may be
specified by City.
7. PERSONNEL
a. Qualifications. Consultant shall assign only competent personnel
to complete the Scope of Services pursuant to this Agreement. In
the event that City, in its sole discretion, at any time during the
term of this Agreement, desires the removal of any such persons,
Consultant shall, immediately upon receiving notice from city of
such desire of City, cause the removal of such person or persons.
b. Employment Eligibility. Consultant shall ensure that all
employees of Consultant and any subconsultant retained by
Consultant in connection with this Agreement have provided the
necessary documentation to establish identity and employment
eligibility as required by the Immigration Reform and Control Act
of 1986. Failure to provide the necessary documentation will
result in the termination of the Agreement as required by the
Immigration Reform and Control Act of 1986.
8. CONFLICT OF INTEREST
a. In General. Consultant represents and warrants that, to the best
of the Consultant’s knowledge and belief, there are no relevant
facts or circumstances which could give rise to a conflict of
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interest on the part of Consultant, or that the Consultant has
already disclosed all such relevant information.
b. Subsequent Conflict of Interest. Consultant agrees that if an
actual or potential conflict of interest on the part of Consultant is
discovered after award, the Consultant will make a full disclosure
in writing to the City. This disclosure shall include a description
of actions, which the Consultant has taken or proposes to take,
after consultation with the City to avoid, mitigate, or neutralize the
actual or potential conflict. Within 45 days, the Consultant shall
have taken all necessary steps to avoid, mitigate, or neutralize the
conflict of interest to the satisfaction of the City.
c. Interests of City Officers and Staff. No officer, member or
employee of City and no member of the City Council shall have any
pecuniary interest, direct or indirect, in this Agreement or the
proceeds thereof. Neither Consultant nor any member of any
Consultant’s family shall serve on any City board or committee or
hold any such position which either by rule, practice or action
nominates, recommends, or supervises Consultant's operations or
authorizes funding to Consultant.
9. COMPLIANCE WITH LAWS
a. In General. Consultant shall take reasonable care to observe and
comply with all laws, policies, general rules and regulations
established by City and shall comply with the common law and all
laws, ordinances, codes and regulations of governmental agencies,
(including federal, state, municipal and local governing bodies)
applicable to the performance of the Scope of Services hereunder,
including, but not limited to, all provisions of the Occupational
Safety and Health Act of 1979 as amended as applicable to
professional consulting services.
b. Licenses and Permits. Consultant represents and warrants to
City that it has all licenses, permits, qualifications and approvals
of whatsoever nature which are legally required for Consultant to
practice its profession. Consultant represents and warrants to
City that Consultant shall, at its sole cost and expense, keep in
effect at all times during the term of this Agreement any licenses,
permits, and approvals which are legally required for Consultant
to practice its profession. In addition to the foregoing, Consultant
shall obtain and maintain during the term hereof a valid City of
Saratoga Business License.
c. Funding Agency Requirements. To the extent that this
Agreement may be funded by fiscal assistance from another entity,
Contractor shall comply with all applicable rules and regulations
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to which City is bound by the terms of such fiscal assistance
program.
d. Drug-free Workplace. Consultant and Consultant’s employees
and subConsultants shall comply with the City's policy of
maintaining a drug-free workplace. Neither Consultant nor
Consultant’s employees and subConsultants shall unlawfully
manufacture, distribute, dispense, possess or use controlled
substances, as defined in 21 U.S. Code Section 812, including
marijuana, heroin, cocaine, and amphetamines, at any facility,
premises or worksite used in any manner in connection with
performing services pursuant to this Agreement. If Consultant or
any employee or subConsultant of Consultant is convicted or
pleads nolo contendere to a criminal drug statute violation
occurring at such a facility, premises, or worksite, the Consultant,
within five days thereafter, shall notify the City.
e. Discrimination Prohibited. Consultant assures and agrees that
Consultant will comply with Title VII of the Civil Rights Act of 1964
and other laws prohibiting discrimination and that no person
shall, on the grounds of race, creed, color, disability, sex, sexual
orientation, national origin, age, religion, Vietnam era veteran's
status, political affiliation, or any other non-merit factors be
excluded from participating in, be denied the benefits of, or be
otherwise subjected to discrimination under this Agreement.
10. DOCUMENTS AND RECORDS
a. Property of City. All reports, data, maps, models, charts,
studies, surveys, photographs, memoranda or other written
documents or materials prepared by Consultant pursuant to this
Agreement shall become the property of City upon completion of
the professional services to be performed hereunder or upon
termination of this Agreement.
b. Retention of Records. Until the expiration of five years after the
furnishing of any services pursuant to this Agreement, Consultant
shall retain and make available to the City or any party designated
by the City, upon written request by City, this Agreement, and
such books, documents and records of Consultant (and any books,
documents, and records of any subconsultant(s)) that are
necessary or convenient for audit purposes to certify the nature
and extent of the reasonable cost of services to City.
c. Use Of Recycled Products. Consultant shall prepare and submit
all reports, written studies and other printed material on recycled
paper to the extent it is available at equal or less cost than virgin
paper.
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d. Professional Seal. Where applicable in the determination of the
contract administrator, the first page of a technical report, first
page of design specifications, and each page of construction
drawings shall be stamped/sealed and signed by the licensed
professional responsible for the report/design preparation. The
stamp/seal shall be in a block entitled "Seal and Signature of
Registered Professional with report/design responsibility" as per
the sample below.
______________________________
Seal and Signature of Registered Professional
with report/design responsibility.
11. CONFIDENTIAL INFORMATION Consultant shall hold any
confidential information received from City in the course of performing this
Agreement in trust and confidence and will not reveal such confidential
information to any person or entity, either during the term of the Agreement
or at any time thereafter. Upon expiration of this Agreement, or termination
as provided herein, Consultant shall return materials which contain any
confidential information to City. Consultant may keep one copy for its
confidential file. For purposes of this paragraph, confidential information is
defined as all information disclosed to Consultant which relates to City's
past, present, and future activities, as well as activities under this
Agreement, which information is not otherwise of public record under
California law.
12. RESPONSIBILITY OF CONTRACTOR Contractor shall take all
responsibility for the work, shall bear all losses and damages directly or
indirectly resulting to Contractor, to any subcontractor, to the City, to City
officers and employees, or to parties designated by the City, on account of
the performance or character of the work, unforeseen difficulties, accidents,
occurrences or other causes to the extent predicated on active or passive
negligence of the Contractor or of any subcontractor.
13. INDEMNIFICATION Consultant and City agree that City, its
employees, agents and officials shall, be fully protected from any loss,
injury, damage, claim, lawsuit, cost, expense, attorneys fees, litigation costs,
defense costs, court costs or any other cost to the extent arising out of or in
any way related to the negligent performance of this Agreement.
Accordingly, the provisions of this indemnity provision are intended by the
parties to be interpreted and construed to provide the fullest protection
possible under the law to the City. Contractor acknowledges that City
would not enter into this agreement in the absence of the commitment of
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Contractor to indemnify and protect City as set forth below.
a. Indemnity. To the fullest extent permitted by law, Contractor
shall defend, indemnify and hold harmless City, its employees, agents
and officials, from any liability, claims, suits, actions, arbitration
proceedings, administrative proceedings, regulatory proceedings,
losses, expenses or costs (including, without limitation, costs and fees
of litigation) of any kind whatsoever without restriction or limitation,
incurred in relation to, as a consequence of or arising out of or in any
way attributable actually, allegedly or impliedly, in whole or in part, to
the performance of this Agreement. All obligations under this
provision are to be paid by Contractor as they are incurred by the
City.
b. Limitation on Indemnity. Without affecting the rights of City
under any provision of this agreement or this section, Consultant
shall not be required to defend, indemnify and hold harmless City as
set forth above for liability attributable to the active negligence, sole
negligence, or willful misconduct of City, provided such active
negligence, sole negligence, or willful misconduct is determined by
agreement between the parties or the findings of a court of competent
jurisdiction.
c. Scope of Contractor Obligation. The obligations of Contractor
under this or any other provision of this Agreement will not be limited
by the provisions of any workers' compensation act or similar act.
Contractor expressly waives its statutory immunity under such
statutes or laws as to City, its employees and officials.
d. Subcontractors. Contractor agrees to obtain executed indemnity
agreements with provisions identical to those set forth here in this
section from each and every subcontractor, sub tier contractor or any
other person or entity involved by, for, with or on behalf of Contractor
in the performance or subject matter of this Agreement. In the event
Contractor fails to obtain such indemnity obligations from others as
required here, Contractor agrees to be fully responsible according to
the terms of this section.
e. In General. Failure of City to monitor compliance with these
requirements imposes no additional obligations on City and will in no
way act as a waiver of any rights hereunder. This obligation to
indemnify and defend City as set forth herein is binding on the
successors, assigns, or heirs of Consultant and shall survive the
termination of this agreement or this section. For purposes of Section
2782 of the Civil Code the parties hereto recognize and agree that this
Agreement is not a construction contract. By execution of this
Agreement, Consultant acknowledges and agrees that it has read and
understands the provisions hereof and that this paragraph is a
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material element of consideration. City approval of the insurance
contracts required by this Agreement does not relieve the Consultant
or subconsultants from liability under this paragraph.
14. INSURANCE REQUIREMENTS Consultant shall procure and
maintain for the duration of the contract insurance as set forth in Exhibit E.
The cost of such insurance shall be included in the Consultant’s
compensation as described in Exhibit B.
15. DEFAULT AND REMEDIES
a. Events of default. Each of the following shall constitute an event
of default hereunder:
1. Failure to perform any obligation under this Agreement and
failure to cure such breach immediately upon receiving notice
of such breach, if the breach is such that the City determines
the health, welfare, or safety of the public is immediately
endangered; or
2. Failure to perform any obligation under this Agreement and
failure to cure such breach within fifteen (15) days of receiving
notice of such breach, if the breach is such that the City
determines that the health, welfare, or safety of the public is
not immediately endangered, provided that if the nature of the
breach is such that the City determines it will reasonably
require more than fifteen (15) days to cure, Consultant shall
not be in default if Consultant promptly commences the cure
and diligently proceeds to completion of the cure.
b. Remedies upon default. Upon any Consultant default, City shall
have the right to immediately suspend or terminate the Agreement,
seek specific performance or contract with another party to
perform this Agreement.
c. No Waiver. Failure by City to seek any remedy for any default
hereunder shall not constitute a waiver of any other rights
hereunder or any right to seek any remedy for any subsequent
default.
16. TERMINATION Either party may terminate this Agreement with or
without cause by providing 10 days notice in writing to the other party. The
City may terminate this Agreement at any time without prior notice in the
event that Consultant commits a material breach of the terms of this
Agreement. Upon termination, this Agreement shall become of no further
force or affect whatsoever and each of the parties hereto shall be relieved
and discharged here-from, subject to payment for acceptable services
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rendered prior to the expiration of the notice of termination.
Notwithstanding the foregoing, the provisions of this Agreement concerning
retention of records, City's rights to material produced, confidential
information, consultant's responsibility, indemnification, insurance, dispute
resolution, litigation, and jurisdiction and severability shall survive
termination of this Agreement.
17. DISPUTE RESOLUTION The parties shall make a good faith effort to
settle any dispute or claim arising under this Agreement. If the parties fail
to resolve such disputes or claims, they shall submit them to non-binding
mediation in California at shared expense of the parties for at least 8 hours
of mediation. If mediation does not arrive at a satisfactory result,
arbitration, if agreed to by all parties, or litigation may be pursued. In the
event any dispute resolution processes are involved, each party shall bear
its own costs and attorneys fees.
18. LITIGATION In the event that either party brings an action
under this agreement for breach or enforcement thereof, the prevailing party
in such action shall be entitled to its reasonable attorneys’ fees and costs
whether or not such action is prosecuted to judgment.
19. JURISDICTION AND SEVERABILITY This Agreement shall be
administered and interpreted under the laws of the State of California.
Jurisdiction of litigation arising from this Agreement shall be in that state
and venue shall be in Santa Clara County, California. If any part of this
Agreement is found to conflict with applicable laws, such part shall be
inoperative, null and void insofar as it conflicts with said laws, but the
remainder of this Agreement shall be in full force and effect.
20. NOTICE OF NON-RENEWAL Consultant understands and agrees
that there is no representation, implication, or understanding that the City
will request that professional services provided by Consultant under this
Agreement be supplemented or continued by Consultant under a new
agreement following expiration or termination of this Agreement. Consultant
waives all rights or claims to notice or hearing respecting any failure by City
to continue to request or retain all or any portion of the professional services
from Consultant following the expiration or termination of this Agreement.
21. PARTIES IN INTEREST This Agreement is entered only for the
benefit of the parties executing this Agreement and not for the benefit of any
other individual, entity or person.
22. WAIVER Neither the acceptance of professional services or payment
for professional services pursuant to this Agreement shall constitute a
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waiver of any rights or obligations arising under this Agreement. The failure
by the City to enforce any of Consultant’s obligations or to exercise City's
rights shall in no event be deemed a waiver of the right to do so thereafter.
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EXHIBIT E
INSURANCE
Please refer to the insurance requirements listed below. Those that have an
“X” indicated in the space before the requirement apply to Consultant’s
Agreement (ignore any not checked).
Consultant shall provide its insurance broker(s)/agent(s) with a copy of
these requirements and request that they provide Certificates of Insurance
complete with copies of all required endorsements to: Administrative
Services Officer, City of Saratoga, 13777 Fruitvale Avenue, Saratoga, CA
95070.
Consultant shall furnish City with copies of original endorsements affecting
coverage required by this Exhibit E. The endorsements are to be signed by a
person authorized by that insurer to bind coverage on its behalf. All
endorsements and certificates are to be received and approved by City before
professional services commences. City has the right to require Consultant’s
insurer to provide complete, certified copies of all required insurance
policies, including endorsements affecting the coverage required by these
specifications.
X Commercial General/Business Liability Insurance with coverage as
indicated:
X $1,000,000 per occurrence/$2,000,000 aggregate limits for
bodily injury and property damage
___ $ ____________ per occurrence bodily injury/$ ___________ per
occurrence property damage
___ Coverage for X, C, U hazards MUST be evidenced on the
Certificate of Insurance
___ If the standard ISO Form wording for "OTHER INSURANCE", or
other comparable wording, is not contained in Consultant's
liability insurance policy, an endorsement must be provided
that said insurance will be primary insurance and any
insurance or self-insurance maintained by City, its officers,
employees, agents or volunteers shall be in excess of
Consultant's insurance and shall not contribute to it.
X Auto Liability Insurance with coverage as indicated:
X $1,000,000 combined single limit for bodily injury and property
damage
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___ $ ____________ per person/$__________ per accident for bodily
injury
___ $ ____________ per occurrence for property damage
___ $ 500,000 combined single limit for bodily injury and property
damage
___ Garage keepers extra liability endorsement to extend coverage
to all vehicles in the care, custody and control of the
consultant, regardless of where the vehicles are kept or driven.
X Professional/Errors and Omissions Liability with coverage as
indicated:
X $1,000,000 per loss/ $2,000,000 aggregate
$5,000,000 per loss/ $5,000,000 aggregate
Consultant must maintain Professional/Errors & Omissions Liability
coverage for a period of three years after the expiration of this
Agreement. Consultant may satisfy this requirement by renewal of
existing coverage or purchase of either prior acts or tail coverage
applicable to said three-year period.
X Workers' Compensation Insurance
X Including minimum $1,000,000 Employer's Liability
The Employer's Liability policy shall be endorsed to waive any right of
subrogation as respects the City, its employees or agents.
The Consultant makes the following certification, required by section 1861
of the California Labor Code:
I am aware of the provisions of Section 3700 of the Labor Code which
require every employer to be insured against liability for workers'
compensation or to undertake self-insurance in accordance with the
provisions of that code, and I will comply with such provisions before
commencing the performance of the professional services of this contract
X Additional Insured Endorsement(s) for Commercial General/Business
Liability coverage naming the City of Saratoga, its officers, employees
and agents as additional insured.
(NOTE: additional insured language on the Certificate of Insurance is
NOT acceptable without a separate endorsement such as Form CG 20
10)
X The Certificate of Insurance MUST provide 30 days notice of
cancellation, (10 days notice for non-payment of premium). NOTE: the
following words must be crossed out or deleted from the standard
cancellation clause: ". . . endeavor to . . ." AND ". . . but failure to
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mail such notice shall impose no obligation or liability of any kind
upon the company, its agents or representatives."
___ All subconsultants used must comply with the above requirements
except as noted below:
As to all of the checked insurance requirements above, the following shall
apply:
a. Deductibles and Self-Insured Retentions. Any deductibles or
self-insured retentions must be declared to and approved by the
City. At the option of the City, either (1) the insurer shall reduce
or eliminate such deductibles or self-insured retentions as
respects the City, its officers, officials and employees; or (2) the
Consultant shall procure a bond guaranteeing payment of losses
and related investigations, claim administration and defense
expenses.
b. City as Additional Insured. The City, its officers, officials, and
employees are to be covered as insureds as respects: liability
arising out of activities performed by or on behalf of the
Consultant; products and completed operations of the Consultant,
premises owned, occupied or used by the Consultant, or
automobiles owned, leased, hired or borrowed by the Consultant.
The coverage shall contain no special limitations on the scope of
the protection afforded to the City, its officers, officials, or
employees .
c. Other Insurance Provisions. The policies are to contain, or be
endorsed to contain, the following provisions:
1. Any failure to comply with reporting provisions of the policies
shall not affect coverage provided to the City, its officers,
officials, employees or volunteers.
2. The Consultant’s insurance shall apply separately to each
insured against whom claim is made or suit is brought, except
with respect to the limits of the insurer's liability.
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3. Coverage shall not be suspended, voided, canceled by either
party, reduced in coverage or in limits except after thirty (30)
days' prior written notice by certified mail, return receipt
requested, has been given to the City.
d. Acceptability of Insurers. Insurance is to be placed with
insurers with a Bests' rating of no less than A: VII
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P OPOSAl
for P'ofe iona Desig Se'vi e
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Callander Assocloles
lal1U::iCapl' Archllt>ctUlf'. Ill!
April 4, 2007
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Mr. John Cherbone
Public Works Director
City of Saratoga
13777 Fruitvale A venue
Saratoga, California 95070
RE: PROSPECT ROAD MEDIANS IMPROVEMENT PROJECT/design ability
I Dear John:
I Getting folks excited about the Prospect Road Medians landscape plan is the easy part. Drawing
the master plan is also an easy part. The hard parts are:
1. understanding the construction implications of pavement removal and curb installation
I 2. understanding the implications of irrigation and utilities-related issues
3. getting the construction cost estimate right, and
4. anticipating the ongoing forever costs of median maintenance!
I As a full service design firm working primarily with public agencies and municipalities, Callander
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Associates is sensitive to getting these parts resolved and meeting the needs of the various
stakeholders. We understand design implications, and have a successful track record for bringing
projects to fruition within estimated construction costs. You will appreciate our ability to guide
participants through the design process and into final project delivery. Northern California
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communities have continued to select our firm for similar assignments due to our:
• sensitivity and creativity in working with stakeholders, public entities, and neighborhoods
• ability to consistently and accurately estimate construction costs
I • ability to stay within the scope, schedule and cost of professional services budgets, and
• assistance in delivering a high quality, sustainable median landscape design.
I Callander Associates appreciates this opportunity to work with you and City staff. Please feel free
to contact me should you have any questions regarding our proposal.
~ der, ASLA
Senior Principal
I Enclosure: Two copies of Proposal
325 50llth FirSt Strt>t:t SUIt.: '>00 Landscape Arch,tl'r1we
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San la,e. UI 151 I:;
llrbJrl O"sign A Mark SllChter, ASLA. Principal
f 40817 OS65 ,an Mateu Land Planmng Brian G. Fletcher. A5LA. Principal
f ·1087158047 Rancho Cordovd P~rk "d Recrt'atlun Plannll'\g Enk ~mlth, ASLA. Principal
I Mane Mai. Associate \w/W callanderassoclatcs.com HlVironrnental PlannirlR Benjamin W WoodSide. ASlA, PrinCipal
al
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I Table of Contents
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I Background Finn Profile
page
1
I Background Relavellf Pl'ojects 2
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Related Proj eels
Staff Experience Reslunes
5
6
I Organization Chart 8
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Scope of Services
Cost of Providing Services
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13
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C Ilander Assoclat~
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Callander Associates Landscape Architecture
Background
Firm Profile
Location of office where
work is to be performed:
325 South First Street
Suite 300
San Jose, CA 95113
408.275.0565
408.275.8047 F
Two of the best measures of a successful median project are
how well the community supports the design vvhen it reaches
the Council level and how quickly the document crystallizes
into real landscape improvements. With experience on over 50
median design and planning projects throughout their history,
Callander Associates brings a successful track record for designing
feasible solutions that are sensitive to budget and stakeholder
parameters.
Callander Associates is a private landscape architecture and
planning firm located in San Jose. It was founded in 1973 by
Peter Callander and operates under California Registration No.
1308. The firm of landscape architects provides a full complement
of service that includes consultation, master planning, design
studies, preliminary plans, construction documents, and
construction review services. It is one of the few full service
landscape architectural firms providing full time construction
administration support as well.
The firm works closely with public works departments, chambers,
Caltrans, and the community on city-wide and neighborhood
street projects to facilitate creative and comprehensive design
alternatives unique to the character of each community. Many of
Callander Associates' more complex and interesting projects have
involved an emphasis on design alternatives, construction cost
control and reconciliation of maintenance budgets.
The finn is composed of principals Peter Callander, Mark
Slichter, and Brian Fletcher, all of whom are licensed landscape
architects. The firm's principals and associates have successfully
implemented a variety of median landscapes throughout
California. The principals have successfully completed over
twelve miles of median and transportation corridor landscape
improvemen ts within the last four years. With a variety of median
types and scales, the firm has successfully helped communities
integrate street improvements into the fabric of the surrounding
neighborhood.
City If SaralogJ -Pru.;peci RllJJ 1edi,ln.; Imprm emcnl Project I 1
186
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BackgroundI
Reinvent Projeccts
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I Saratoga Medians
Saratoga
I SIS Median -Railroad to Cox
Saratoga
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Airport/Anza Medians
Burlinqame
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EI Camino Real Median Master Plan
San Bruno
Dublin Medians
Dublin
I McKee Road Median
San Jose
I John Daly Boulevard Median
Daly ity
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As part of a larger downtown revitalization
program, the City of San Carlos selected
this 3,100 foot long major corridor as an
initial step for implementation. Cal1ander
Associates assisted the City Public
"Vorks staff in resolving criticil] visual
impact, construction costs, and phasing
issues. Using a combination of slides,
perspective renderings, plan and cross
sectional drawings, Callander Associates
developed "before" and "after" conditions
of the median improvements for staff
and public review ilS part of the public
outreach component of their services. The
Redevelopment Agency, Public Works
Department and Park and Recreation
Department hils continued to retain
Callander Associates over the last eight
years over twelve different aSSignments
involving streetscapes, parks and design
vision with the community.
(il\ of ",lrillng,l -Pro.,pecl Hlhld vteJiJtl I mprm emenl rrni~(t I 2
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EI Camino Real Medians
San Carlos
Mariners Island Median
San Mateo
San Bruno Medians
San Bruno
Milpitas Medians
Milpitas
Ralston Avenue Medians
B Imon
B Imont edians
Belmont
Mall1 Street Medians
Watsonville
187
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BackgroundI
Relavent Projeccts
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I Weber Medians
Stockton
I Hercules City Hall & Medians
Hercules
I K-Mart Median
Watsonville
I San Carlos Medians
San Carlos
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EI Camino Real Median ModificatIOns
San Carlos
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Bridge Street Medians
Watsonville
EI Camino Real Median Master Plan
Millbrae
I San Bruno Avenue Medians
San Bruno
I Shoofly Medians
San Carlos
I Chestnut/San Carlos Median
San Carlos
I EI Monte Avenut: Medians
Los Altos
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Serra· Daly Medians
Daly City
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EI Camino Real Median Improvements
Millbrae
AtherLon EI Camino Real Medians
Atherton
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With severilJ redevelopment projects underway to he]p
revitalize downtown Stockton, the mediiln5 along the Weber
Avenue downtown thoroughfilre were identified as il priority
upgrade. The raised mediilns were a dull concrete gray and
damaged from repeated vehicular impacts. The year-old
plants in the recently completed median landscaping were in
decline. The City of Stockton retained Callander Associates to
diagnose the problem and redesign the median. Evaluation of
the existing landscaping revealed that poor soil preparation,
an inappropriate plant pillette, and shallow soil depths led to
the decline of the existing planting.
Callander Associates specified import
topsoil to provide for a deeper soil
depth. A new plant palette of hardy,
drought-tolerilnt flowering plants was
chosen to withstand the valley's high
summer temperatures and the harsh
conditions of the street. The discolored
concrete was prepped and painted,
beforedrawing from the color palette of
the adjacent downtown buildings.
Decorative brick fascias matching
the nearby waterfront plaza and
renovated historical hotel were added
to provide visual interest and reinforce
downtown's unique characteristics.
after
Cit) of ~a.raloga -Pro"pect Rll.1d I\f"di,lIl'i Improv 'ml,,,t PTI)jl'cl I 3
[')sa r d
188
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BackgroundI
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I EI Camino Real Medians
Belmont
I Alvarado Niles Medians
Union City
I South EI Camino Real Medians
San Carlos
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DeCato Road Medians
Union City
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Industnal Road Medians
San Carlos
EI Camino Real Medians
Millbrae
I EI Camino Real Two Medians
San Bruno
I Belle-Brittan Medians
San Carlos
I Tanforan Way Medians
San Bruno
I Almaden Boulevard
Medians
San JoseI Costeo SSF Medians
South San Francisco
I Stanley Boulevard Medians
Pleasanton
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Relavent Projeccts
As part of an on-going City Beautification
project, the City of Belmont retained Callander
Associates to design and prepare bid
documents for the entire length of El Camino
Real. Construction was completed in the
summer of 1993 for 1.3 miles of medians. The
budget was $1.1 million and the finallandscflpe
improvements provide an immediate landscape
impact. A water-conserving irrigation system
incorporates equipment to reduce run-off, over
spray, and over-watering. Callander Associates
collaborated with the City on developing a
typical cross-section for median excavation and
trenching to minimize project costs for import
soil yet still proVide satisfactory growing
medium for the new landscaping. Callander Associates' median designs for
Belmont's neighboring City, San Carlos, were implemented along the same
highway the previous year and as a result provide a long graceful sequence of
spaces on what was previously a harsh, treeless stretch of rughway. The plant
palette included a unique mix of native trees, shrubs, and ground cover mixed
with selected non-natives that were carefully reviewed with the community and
City maintenance staff in a number of community meetings.
Streetscape improvements
have played a significant role
in the revitalization of San
Jose's downtown. One of the
most recognizable examples
of this is Almaden Boulevard.
TIle design team assisted in the
transformation of this street
into a visible landmark for the
city center. The addition of
stately palm trees in the street
medians accentuates the scale
of the surrounding high-rise
office buildings. Jacaranda trees at the Santa Clara Street intersection provide
a colorful entry statement to the street while serving as an excellent backdrop
to a public art piece. Special paving at the intersections highlight pedestrian
crossings while adding visual interest to a wide stretch of asphalt.
Cit, of S.1ralt)~.:1 -I'TI1,;pect RfMJ \1ediall~ Imr rm eml'nt PlOjl'CI I 4
189
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Related Projects I
From the last five years
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I • EI Camino Real Median Master Plan
City of Millbrae
Ralph Petty, Community Development DirectorI (650) 259-234-(
I • Dublin Medians
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City of Dublin
Steven Yee, PE., Associate Civil Engineer
(925) 833-6630
I • EI Camino Real Median Master Plan
• San Bruno Avenue Medians
• Tanforan Way MediansI City of San Bruno
Dave Perazzo, Parks and Facilities Services Manager
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(650) 616-7193
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• Weber Medians
City of Stockton
Gemma M. Biscocho, PE., Associate Civil Engineer
I (209) 937-8281
I • EI Camino Real Median Modifications and Improvements
City of San Carlos
Parviz Mokhtari, P E., Public Works Director/City Engineer
I (650) 802-4202
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• El Monte Ave Medians
City of Los Altos
Jim Porter, Public Works Director I (650) 948-0482
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Staff Experience I
Peter E. Callander, ASLAI senior principal
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I Background
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I Experience
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I Related Projects
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Resumes
Bachelor of Landscape Architecture, State University of New
York College of Forestry, 1967
Bachelor of Science, Syracuse University, 1967
Landscape Architect, State of California #1308
American Society of Landscape Architects
Principal and Owner, Callander Associates: With over thirty
seven years of professional practice in both the public and
private sectors, Peter has prepared landscape master plans,
design alternatives, and transportation corridor landscape
plans for a variety of transportation agencies throughout
northern California. His previous experience in developing
creative solutions for other transportation and neighborhood
corridors will be particularly useful on the Prospect Road
Median Improvements project.
Related projects include:
• El Camino Real Medians, Belmont
• Ralston at Hiller Entry Triangle, Belmont
• El Camino Real at Ralston Strip Plantings, Belmont
• Downtown Streetscape Improvements, Concord
• Brittan Avenue -Route 101 Interchange, San Carlos
• Millbrae Avenue Grade Separation, Millbrae
• El Camino Real Medians, San Carlos
• El Camino Real Medians, Millbrae
• Route 68 Scenic Bypass, Monterey County
• 1-580 -1-680 Visual Impact Assessment, Pleasanton
• Anza Overpass -PS. & E.s, Burlingame
• Caltrain Corridor Landscape, Belmont
• Adelirle, Shattuck and San Pablo Avenue Median Irrigation,
Berkeley
(ily of ~.lf.atoga· Prn,:;pecl Ho"d h'di.m-. hnpru\ eme"t Project I 6
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Staff Experience I
Marie MaiI project manager
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I Background
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Experience
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Related Projects
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Resumes
Bachelor of Science in Landscape Architecture, University of
California at Davis
Bachelor of Science in Biological Sciences, University of
California at Davis
Certified Playgrowld Safety Inspector
Marie has become an exceptionally valuable asset to the firm,
our clients, and project stakeholders. Her understanding and
knowledge of complex project issues such as ADA compliance,
public outreach, community expectations, athletic field design,
as well as her problem solving skills, have contributed to the
success of each project. Her proficiency in regulatory permitting
processes, working drawings, and schedule management has
allowed the City of San Jose to meet the grant implementation
deadlines for the $1.5 million Guadalupe Trail Bridge.
Related projects include:
• Weber Medians, Stockton
• Village Parkway Medians, Dublin
• Stanley Boulevard Medians, Pleasanton
• Hayward Downtown, Hayward
• Linden Avenue, San Bruno
• EI Monte Avenue Medians, Los Altos
• West A Street Realignment, Hayward
• Shoreline Boulevard Reconstruction, Mountain View
• Airport Way Streetscape, Stockton
• Downtown Sidewalk Rehabilitation, Stockton
ity of ~arJtt)gJ -Pro.,pecl 1 {.lJJ \,lcdi.lns (mpfl1 cmcnt Proiect I 7
192
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Organization Chart I
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I The unique characteristics of the Prospect Road Medians
Improvement project requires a collaborative approach between
the City and a flexible, seasoned landscape architectural finn
I experienced in the planning, design, and construction of similar
facilities. Callander Associates staff brings together key personnel
who are experienced in working in this collaborative environment
I and who have managed the landscape design component of
similar median improvement projects.
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Scope of ServicesI
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I To guide and control the schedule and the scope of the Master Plan
for the Prospect Road Medians in Saratoga, Callander Associates
has developed the following scope of services. This scope and the
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, 'f'. --=' '~:::r__ associated fees have been prepared based upon the City's Request• '~-.~ for Proposal dated March IS, 2007, and will include all thirteen".~. w,••:'.-
medians along the 6,500 foot length of the site. Items shown in
boldface italics represent the deliverables or work documents to
be provided at that task.
PHASE 1.0 ANALYSIS
Scenic views to the hills should be preserved
and not masked by large median trees.
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1.01 Kick-Off Meeting: Attend a single kick-off meeting with
City staff and project design team to review scope of work,
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schedule, and current design thoughts. Assist in preparing
project schedule, meeting agenda, and meeting summary,
This meeting shall also include representatives from Public
Works and others as warranted.
I 1.02 Document Research: Obtain and review other information
that may be pertinent from the City including previous
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master plans, existing sh"eet improvement drawings,
other median plan, any available data on major utilities,
and previous design studies. Review existing utility, City
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standards or other existing information provided by City.
Based upon review, prepare summary memo.
1.03 Aerial Photograph: Using City aerial photo base data,
enlarge same and reformat aerial photo plan of the streetI corridor for use in base sheets and drawing presentation;
scale to be at approximately twenty scale, yielding about
four sheets of drawings on 24x36 format. I 1.04 Site Reconnaissance: Walk the entire site to review the
existing conditions and proposed design; photographI same and prepare a keyed photo log of entire site; provide
City with two paper copies and one compact disc.
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I City of "'aratoga -Pro..pect RO.1d \ledl.lll" Imprnvt'ment ('micd I 9
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Sight distances to signals and slgnage
need to be preserved.
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Scope of ServicesI
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I 1.05 Pavement Coring (optional task): TI1e existing pavement
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cross section in the various medians may not be known
from record documents. Since the pavement removal,
topsoil placement, and trenching through pavements
represents significant construction costs, Callander
Associates recommends that we coordinate a pavement
coring company, on behalf of the City, to drill a limited
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number of 2/1 diameter cores to verify the existing
pavement cross sections in selected medians. We would
coordinate, document, graph and prepare a written
summary report on this on-site coring, reflecting the
results in the Landscaped Median Master Plan.
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I 1.06 Existing Utilities: Using general u till ty informa tion
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available from City records and our limited on-site visual
observations, we would add this information to the base
sheets to generally intluence any landscape elements as
part of the Master Plan.
I 1.07 Proposed Utilities: Review the proposed and/or potential
points of connection for irrigation water and irrigation
controlled electrical power sources. Review preferredI irrigation equipment and control systems with City staff.
Prepare written irrigation connection and equipment
memo; include summary of water conservation measures.I
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'ily lIf ~MJtoga -Pro re -t H(lild leJians Imprll\ emen! Project I 10I .,
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Scope of ServicesI
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I PHASE 2.0 CONCEPTUAL LANDSCAPE DESIGN
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2.01 Draft Conceptual Master Plan: Based on the preceding
and input from City staff, prepare a draft conceptual
master plan at forty scale showing proposed median
configuration based on the existing yellow double lines,
I proposed trees, shrubs, ground cover and hardscape.
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Prepare up to four cross sections at quarter scale to
illustrate the general design character and planting; render
in color.
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2.02 Image Boards: Prepare up to two image boards to help
illustrate proposed design themes and aesthetics. Boards
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to include images of proposed plantings, irrigation
equipment, and other images to convey general design
characteristics. Submit five llx17 color copies and one
PDF of image boards for City review.
I 2.03 Enlarged Plans: Prepare two enlarged plans at eighth
or tenth scale of up to two portions of the more typical
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medians to illustrate the general design character; render
in color.
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2.04 Project Cost Estimate: Prepare an estimate of probable
construction cost to include further design and planning
costs for the project as outlined. Said cost estimate to be
based on 70 to 80, or more, individual line items with
specific quantities and unit costs, substantiated by recentlyI bid public works median projects; col1aborate with City on
presenting a reasonable phasing plan.
I 2.05 Maintenance Cost Estimate: Prepare an estimate of
probable maintenance costs based on consultation with up
to three private landscape maintenance companies; submitI written summary.
2.06 Design Review Meeting: Prepare for and attend aI combined meeting with City staff and others as warranted.
Goal of meeting is to review the draft conceptual master
plan and the above information, and develop a direction I for proceeding with refinements. Prepare meeting
SUffl1nary.
I it Y of aralo~a -Pro"pl'cl Road Ie :fi:m' 1m pW\'t'ment Project I 11
4 I='" [ ~
Relationship of adjacent major tree and
vegetation might influence the selection
of trees in the median.
Other medians within Saratoga and
nearby communities offer a point of
reference.
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Scope of ServicesI
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I PHASE 3.0 LANDSCAPE MEDIAN MASTER PLAN
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3.01 Design Refinement: Based on input from the 2.0 phase,
proceed to refine, revise and complete the landscape
median master plan and provide the following drawings,
rendered in color:
I a. landscape median master plan: overall site at twenty
scale
I b. enlarged median plan: two selected portions at tenth
scale
c. typical cross sections: four
I d. image boards: two
e. updated construction cost estimate
f. updated maintenance cost estimate
I 3.02 Booklet: Format the above information into an 11/17
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booklet to include the above and a brief summary of the
planning process.
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3.03 Design Review Meeting: Prepare for and attend a
combined meeting with City staff and others as warranted.
Goal of meeting is to review the draft conceptual master
plan and the above information, and develop a direction
for proceeding with refinements. Prepare meetingI summary.
3.04 Council Meeting: Prepare "Powerpoint" presentationI and present above information at a City Council meeting;
provide ten copies of 11/17 booklet.
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I Cil 'of araLoga -Pro. p ct Rllad Median'i ImprO\ t:'lllent ProjecL I 12
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The wider medians offer a wonderful
opportunity to reinforce the residential
qualities of certain portions of Prospect
Road.
The narrower medians offer a hardscape
solution to address high maintenanance
costs while still providing a safety barrier.
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Cost of Providing Services I
AprilS, 2007
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I Professional Services
The following fees and reimbursable expenses are proposed
and will remain valid for a period of 60 days from the date
I of this proposal. We have estimated our time and expenses
based on the overall project budget, with drawings and
servjces being prepared in a single package at one time.I
Compensation
I 1.0 Analysis (lump sum) $9,624
2.0 Conceptual Landscape Design (lump sum) $10,184
I 3.0 Landscape Median Master Plan (lump sum) $6,690
Reimbursable Expenses (allowance) $1,600
Total (for above services) $28,098
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I Exclusion: The cost of a pavement coring company is not
included in the above professional design fees or reimbursable
expenses at this time. Once the number of cores is determined in
collaboration with City staff, that cost can be better defined and
budgeted. The anticipated costs are less than $150 per core.
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Standard Hourly Rates
General
The following list of fees and reimbursable expense items
shall be used in providing service in the agreement. These I amounts shall be adjusted in January, upon issuance of an
updated Standard Schedule of Compensation:
I Hourly Rates
Senior Principal $191/hour Construction Manager $119/hour
Principal $155/hour Assistant 1 $113/hour
I Associate 1 $150/hour Assistant 2 $108/hour
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Associate 2 $139/hour Assistant 3 $96/hollr
Associate 3 $125/hour Assistant 4 $89/hour
Project Manager 1 $139/hour Assistant 5 $78/hOllr
Project Manager 2 $125/hour Assistant 6 $71/hour
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Project Manager 3 $120/hour Word Processor $90/hour
Project Manager 4 $l13/hour Accounting $105/hour
Project Manager 5 $108/hour
I Cily 0.1 Saralllp,a • Pru"'pet:! Road .\lu.liaJ ... Improvement Prnjeci I 13
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--
--
3.04'
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-
Cost of Providing Services
Fee Matrix
Callander Associates' Personnel and Rates
Phase Description
Senior Principal
(oJ $191
hrs I $'s
Project Manager (2) Assistant (3) Word Processor
$125 @ $96 @$90
hrs ! $'s hrs
,
$'s hrs i $'s,
CA Fees
hrs I $'s
----------------
1.0 .~nalysis .---~ --,-----.--
1.01 kick off meeting 4.0 $ 764.00 8.0 $ 1,000.00 4.0t$ 384.00 2.0 $ 180.00 18.0 $ 2,328.00--_.
: --
1.02 document ressearch -$ -4.0 $ 500.00 8.0 $ 768.00 -S -12.0 $ 1,268.00-_.
.----1.03 aerial photograph -$ --$ -8.0 S 768.00 -$ -8.0 $ ~ --+8.0 t-S
_.
1.04 site reconnaissance 2.0 $ 382.00 4.0 $ 500.00 768.00 -$ -14.0 $ 1.650.00
--
-j..L f
1.05 pavement coring (optional task) -$ -8.0 $ 1,000.00 4.0 I $ 38400 -12.0 $ 1,384.00-.
1.06 existing utilities $ -2.0 S 250.0Q., 8.0 S 768.00 -I $ -10.0 $ 1,018.00------r
1.07 !proposed utilities 20 $ 382.00 2.0 S 25000 6.0 $ 57600 -$ -10.0 $ 1,208.00
8.0 $ 1528.00 28.0 , $ 3 500.00 46.0 $ 4416.00 2.0 I $ 180.00 84.0 $ 9624.00
2.0 Conceptual Landscape Plans
2.01 draft conceptual master plan 20 $ 382.00 8.0 S 1.000.00 16.0 S 1,53600 -I $ -26.0 $ 2,918.00
--f-I -
2.0 l $
-
202 image boards -$ -2.0 S 250.00 12.0 $ 1.152.00 18000 160 $ 1,582.00.-'.
203 _ ~arged ~ns -$ -2.0 S 250.00 12.0 $ 1.15200 -S -14.0 $ 1.40200--.. .. --..
2.04 Iproject cost estimate 1.0 $ 191.00 30 $ 375.00 80 $ 76800 4.0 S 360.00 16.0 $ 1,694.00
---I -
205 maintenance cost estimate -$ -3.0 $ 375.00 4.0 $ 384.00 1.0 S 90.00 8.0 $ 849.00
--.----
1.0 t $2.06 design review meeting 30 $ 573.00 4.0 $ 500.00 6.0 S 576.00 90.00 14.0 $ 1,739.00
6.0 $ 1146.00 22.0 $ 2750.00 58.0 I $ 5 568.00 8.0 I $ 720.00 94.0 $ 10 184.00
!.p ..f'an~~ ..ca-,!.f!. ~e..~ianMaster Plan
1.0 I $ 19100 ~~9 $ 5000~16.0 ·-.-LJ2~0tl--.'$ -_J-2tAJ~l:Qg_1f-.oO I . : de~gn [(~fin_~ment
3.02 booklet 500:001-10.0 $ 960~1 -'$ -1 14.0 I $ 1,460.00-$ .1 I-~-
-$573.00 4.0 $ 500.003.03~design review meeting ~ -'-1-4=4il $1.0 $ 1,163.001-+ ICouncil meeting 4.0 t $ 764.00 4.0 S 500.00 6.0 $ 576.00 -$ 14.0 $ 1,840.00
8.0 I $ 1.528.00 16.0 I $ 2.000.00 32.0 I $ 3.072.00 1.0 ,$ 90.00 I 57.0 I $ 6.690.00
City oi SJralllga -Prospect RO.ld \1edians Improvement Project I 14
r'l 40'" lIJl1:idl '11[1
199
SARATOGA CITY COUNCIL
MEETING DATE: August 1, 2007 AGENDA ITEM:
ORIGINATING DEPT: City Manager’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Cathleen Boyer, City Clerk DEPT HEAD: Dave Anderson
SUBJECT: Designation of Voting Delegate for League of California Cities Annual
Conference
RECOMMENDED ACTION:
Designate a voting delegate and alternate for the League’s Annual Conference.
REPORT SUMMARY:
The League of California Cities Annual Conference is scheduled for Wednesday, September 5
through Saturday, September 8, 2007. The League bylaws provide that each city is entitled to
one vote in matters effecting municipal or League policy. The deadline to return the “Voting
Delegate Form” to the League of California Cities is Friday, August 13, 2007.
The deadline to register to attend the conference is August 14, 2007. Please contact Ann
Sullivan, Executive Assistant to the City Manager, if you are interested in attending.
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
The City would not be represented at the 2007 League Conference.
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
N/A
ADVERTISING, NOTICING, AND PUBLIC CONTACT:
Posting of the Council Agenda.
ATTACHMENTS:
Attachment A – Letter from the League of California Cities
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