HomeMy WebLinkAbout01-18-2012 City Council Agenda Packet
AGENDA
SPECIAL MEETING
SARATOGA CITY COUNCIL
JANUARY 18, 2012
SPECIAL MEETING – 5:30 P.M. ADMINISTRATIVE CONFERENCE ROOM,
13777 FRUITVALE AVENUE.
CALL MEETING TO ORDER – 5:30 P.M.
REPORT OF CITY CLERK ON POSTING OF AGENDA
(Pursuant to Gov’t. Code 54954.2, the agenda for this meeting was properly posted on
January 12, 2012)
COMMUNICATIONS FROM COMMISSIONS & PUBLIC
ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS
Any member of the public will be allowed to address the City Council for up to three (3)
minutes on matters not on this agenda. The law generally prohibits the council from
discussing or taking action on such items. However, the Council may instruct staff
accordingly regarding Oral Communications under Council Direction to Staff.
COUNCIL DIRECTION TO STAFF
Instruction to Staff regarding actions on current Oral Communications.
ADJOURN TO CLOSED SESSION – 5:30 P.M.
ANNOUNCEMENT OF CLOSED SESSION ITEMS
CONFERENCE WITH LABOR NEGOTIATORS (Gov’t Code Section 54957.6)
A. Employee organizations: Northern California Carpenters Regional Council,
Carpenters Forty Six Counties Conference Board
Agency designated representatives: Deanna Mouser, Monica LaBossiere, and/or
Dave Anderson
CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Significant exposure to litigation (Government Code section 54956.9 (b): 1 case
CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Initiation of litigation (Government Code section 54956.9(c): 1 case
1
2
CALL JOINT MEETING TO ORDER – 6:00 P.M. ADMINISTRATIVE
CONFERENCE ROOM, 13777 FRUITVALE AVENUE
1. Joint Meeting with Saratoga Chamber of Commerce
ADJOURNMENT
In accordance with the Ralph M. Brown Act, copies of the staff reports and other materials
provided to the City Council by City staff in connection with this agenda are available at the
office of the City Clerk at 13777 Fruitvale Avenue, Saratoga, CA 95070. Note that copies of
materials distributed to the City Council concurrently with the posting of the agenda are also
available on the City Website at www.saratoga.ca.us. Any materials distributed by staff after the
posting of the agenda are made available for public review at the office of the City Clerk at the
time they are distributed to the City Council.
In Compliance with the Americans with Disabilities Act, if you need assistance to
participate in this meeting, please contact the City Clerk at 408/868-1269. Notification
24 hours prior to the meeting will enable the City to make reasonable arrangements to
ensure accessibility to this meeting. [28 CFR 35.102-35.104 ADA title II]
Certificate of Posting of Agenda:
I, Crystal Morrow, City Clerk for the City of Saratoga, declare that the foregoing agenda
for the meeting of the City Council was posted and available for public review on
January 12, 2012, at the City of Saratoga, 13777 Fruitvale Ave., Saratoga, CA 95070
and on the City’s website at www.saratoga.ca.us.
Signed this 12th day of January 2012 at Saratoga, California.
Crystal Morrow
City Clerk
Table of Contents
Agenda 3
Commendation Honoring Assistant Sheriff Carl Neusel
Staff Report 8
Attachment A: Commendation Honoring Assistant
Sheriff Carl Neusel 10
Appointment of Youth Commissioner and Oath of Office
Staff Report 11
Attachment A: Resolution of Appointment 13
Attachment B: Oath of Office 14
Saratogan Readership Drawing
Staff Report 15
TeenForce Presentation
Staff Report 17
Attachment A: TeenForce Fact Sheet 19
City Council Regular Meeting Minutes for December 21, 2011
Staff Report 20
Attachment A: December 21, 2011 City Council Regular
Meeting Minutes 22
Review of Accounts Payable Check Registers
AP Staff Report 31
Check Register 12/15/2011 33
Check Register 12/21/2011 38
Check Register 1/5/2012 46
Amended AlertSCC Participant Agreement
Staff Report 48
Attachment A: Amended Agreement Between the
County of Santa Clara and Participants for use of
AlertSCC, Santa Clara County Regional Mass
Notification System 50
Attachment B: Amended AlertSCC Policy Manual 57
Council Resolution to Adopt Memorandum of Understanding for
the “UNION” (Northern California Carpenters Regional Council,
Carpenters Forty Six Northern California Counties Conference
Board And Their Affiliated Local Unions)
Staff Report 58
UNION MOU 61
Exhibit "A"96
Attachment B 98
Resolution 99
2012 Hazardous Vegetation Program Resolution Declaring
Abatement of Public Nuisance
Staff Report 100
Attachment A: Resolution Declaring Abatement of a
Public Nuisance as to Specified Properties Containing
Hazardous Vegetation 102
1
Attachment B: 2012 Weed Abatement Program
Commencement Report 104
Appeal of New Wireless Antenna and Associated Equipment
Installation – Highway 9, North of Farwell
Staff Report - Antennas at Highway 9, North of Farwell 108
Att. 1 - Resolution for City Council 110
Att. 2 - Staff Report - Planning Commission 116
Att. 3 - Plan - Verizon Wireless Facility - Highway 9,
North of Farwell 122
Att. 4 - Color Board 141
Att. 5 - Photo Simulation 142
Att. 6 - Appeal Application 144
Att. 7 - Noise Study 148
Att. 8 - RF Analysis 153
Letter from Verizon Wireless Legal Council - 12.7.11 159
2
AGENDA
REGULAR MEETING
SARATOGA CITY COUNCIL
WEDNESDAY, JANUARY 18, 2012
– CIVIC THEATER/COUNCIL CHAMBERS
T 13777 FRUITVALE AVENUE
LEDGE OF ALLEGIANCE
OLL CALL
Code 54954.2, the agenda for this meeting was properly posted on
nuary 12, 2012)
EPORT FROM CLOSED SESSION
REGULAR MEETING – 7:00 P.M.
A
P
R
REPORT OF CITY CLERK ON POSTING OF AGENDA
(Pursuant to Gov’t.
Ja
R
OMMUNICATIONS FROM COMMISSIONS & PUBLIC
C
Oral Communications on Non-Agendized Items
Any member of the public will be allowed to address the City Council for up to three (
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 sta
3)
ff
ccordingly regarding Oral Communications under Council Direction to Staff. a
Oral Communications - Council Direction to Staff
Instruction to Staff regarding actions on current Oral Communications.
ommunications from Boards and Commissions
C
Council Direction to Staff
Instruction to Staff regarding actions on current Communications from Boards &
ommissions.
NNOUNCEMENTS
C
A
EREMONIAL ITEMS
C
1. Assistant Sheriff Carl Neusel
Commendation Honoring
Recommended action:
Read and present the commendation honoring Assistant Sheriff Carl Neusel.
2. mmissioner and Oath of Office
Appointment of Youth Co
Recommended action:
Adopt the attached resolution appointing one (1) member to the Saratoga Youth
ommission and direct the City Clerk to administer the Oath of Office. C
3
3. wing
Saratogan Readership Dra
Recommended action:
Randomly draw the name of one person who responded to the Saratogan readership
oll and announce the winner.
PECIAL PRESENTATIONS
p
S
4.
TeenForce Presentation
Recommended action:
Watch a short presentation given by John Hogan on TeenForce.
ONSENT CALENDAR
C
r of
he Consent Calendar for discussion. Public Speakers are
mited to three (3) minutes.
5. ting Minutes for December 21, 2011
tion
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 membe
the public may speak to an item on the Consent Calendar at this time, or request the
Mayor remove an item from t
li
City Council Regular Mee
Recommended ac :
pprove minutes.
6. le Check Registers
A
Review of Accounts Payab
Recommended action:
That the City Council rev e ai w and ccept check registers for the following accounts
les:
1
nuary 5, 2012
7. ipant Agreement
payable payment cyc
December 15, 2011
December 21, 20 1
Ja
Amended AlertSCC Partic
Recommended action:
Authorize the City Manager to sign:
1. Amended agreement between the County of Santa Clara and participants for use of
l Mass Notification System; and
. Amended AlertSCC Policy Manual.
rthern
rence Board And Their Affiliated Local Unions)
AlertSCC, Santa Clara County Regiona
2
8. Council Resolution to Adopt Memorandum of Understanding for the “UNION”
(Northern California Carpenters Regional Council, Carpenters Forty Six No
California Counties Confe
Recommended action:
Adopt the Memorandum of Understanding between the City of Saratoga and the
“UNION” (Northern California Carpenters Regional Council, Carpenters Forty Six
Counties Conference Board and Their Affiliated Local Unions) July 1, 2011 to June
0, 2015.
UBLIC HEARINGS
3
P
or
Applicants/Appellants and their representatives have a total of ten minutes maximum f
opening statements. Members of the public may comment on any item for up to three
4
es
ested for continuance are subject to
ouncil’s approval at the Council meeting
rdous Vegetation Program Resolution Declaring Abatement of Public
minutes. Applicant/Appellants and their representatives have a total of five minut
maximum for closing statements. Items requ
C
9. 2012 Haza
Nuisance
Recommended action:
Conduct public hearing and adopt resolution.
less Antenna and Associated Equipment Installation – Highway
10. Appeal of New Wire
9, North of Farwell
Recommended action:
Deny the appeal, thus affirming the Planning Commission Design Review ap
the installation of
proval of
three wireless telecommunication antennas and associated
quipment shed.
LD BUSINESS
e
O
None
EW BUSINESS
N
None
DHOC & AGENCY ASSIGNMENT REPORTS
A
Mayor Chuck Page
City School Ad Hoc
Hakone Foundation Board
Hakone Foundation Executive Committee
unty Cities Association Selection Committee
ers Association
est Valley Sanitation District
Let’s Move City Ad Hoc
Santa Clara County Cities Association
Santa Clara Co
TEA Ad Hoc
West Valley Mayors and Manag
W
Vice Mayor Jill Hunter
Hakone Foundation Board
ommunity Access TV Board
est Valley Flood Control & Watershed Advisory Committee
Historical Foundation
KSAR C
SASCC
Village Ad Hoc
W
Council Member Emily Lo
Association of Bay Area Governments
s Authority
n
illage Ad Hoc
Highway 9 Ad Hoc
Library Joint Power
Sister City Liaiso
V
5
ard Miller
Council Member How
ittee
Commission
est Valley Solid Waste Management Joint Powers Authority
Cappello
City School Ad Hoc
Council Finance Comm
Postal Service Liaison
Santa Clara Valley Water District
Saratoga Ministerial Association
Valley Transportation Authority PAC
W
Council Member Manny
Committee
unty Emergency Council
EA Ad Hoc
ITY COUNCIL ITEMS
Chamber of Commerce
Council Finance Committee
County HCD Policy
Highway 9 Ad Hoc
Let’s Move City Ad Hoc
Santa Clara Co
T
C
ITY MANAGER’S REPORT
C
DJOURNMENT
A
In accordance with the Ralph M. Brown Act, copies of the staff reports and other materials
provided to the City Council by City staff in connection with this agenda are available at the
office of the City Clerk at 13777 Fruitvale Avenue, Saratoga, CA 95070. Note that copies of
materials distributed to the City Council concurrently with the posting of the agenda are also
available on the City Website at www.saratoga.ca.us. Any materials distributed by staff after the
posting of the agenda are made available for p
ublic review at the office of the City Clerk at the
me they are distributed to the City Council.
1269.
ngements to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title
)
Fruitvale Ave., Saratoga, CA 95070
nd on the City’s website at www.saratoga.ca.us
ti
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-
Notification 48 hours prior to the meeting will enable the City to make reasonable
arra
II
Certificate of Posting of Agenda:
I, Crystal Morrow, City Clerk for the City of Saratoga, declare that the foregoing agenda
for the meeting of the City Council was posted and available for public review on
January 12, 2012, at the City of Saratoga, 13777
a .
igned this 12th day of January 2012 at Saratoga, California.
rrow
ity Clerk
S
Crystal Mo
C
6
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 2012
01/18 Regular Meeting –Joint Meeting with Chamber of Commerce
01/26 Council Retreat
02/01 Regular Meeting –Joint Meeting with Sheriff and County Fire
02/15 Regular Meeting –Joint Meeting with Planning Commission
03/07 Regular Meeting – Joint Meeting with Hakone Board
03/21 Regular Meeting –Joint Meeting with SASSC
04/04 Regular Meeting – (5:30 p.m. – Community Center) Joint Meeting with
School Districts
04/18 Regular Meeting –Joint meeting with Mountain Winery
05/02 Regular Meeting –Joint Meeting with Youth Commission
05/16 Regular Meeting –Joint Meeting with Montalvo Arts
06/06 Regular Meeting –Joint Meeting with Planning Commission
06/20 Regular Meeting – (5:30 p.m. – Community Center) Joint Meeting with
HOA’s
07/04 Fourth of July –City Hall Closed
07/18 Regular Meeting
08/01 Regular Meeting
08/15 Regular Meeting
09/05 Regular Meeting –Joint Meeting with Parks and Rec/PEBTAC
09/19 Regular Meeting –Joint Meeting with West Valley Board of Trustees
10/03 Regular Meeting –Joint Meeting with Saratoga/Monte Sereno Community
Foundation
10/17 Regular Meeting -- Joint Meeting with Traffic Safety Commission
11/01 Regular Meeting –Joint Meeting with Library Commission
11/14 Regular Meeting –Joint Meeting with Saratoga Ministerial Association
12/04 City Council Reorganization
12/05 Regular Meeting –Joint meeting with HPC and Historical Foundation
12/19 Regular Meeting
7
SARATOGA CITY COUNCIL
MEETING DATE: January 18, 2012 AGENDA ITEM:
DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Crystal Morrow DIRECTOR: Dave Anderson
City Clerk
SUBJECT: Commendation Honoring Assistant Sheriff Carl Neusel
RECOMMENDED ACTION:
Read and present the commendation honoring Assistant Sheriff Carl Neusel.
BACKGROUND:
Before his promotion to Assistant Sheriff in December 2011, Carl Neusel served as the Captain
of the Santa Clara County Sheriff’s Office West Valley Division. As Captain of the West Valley
Division, Carl acted as police chief to the three West Valley cities that contract with the Sheriff’s
Office for law enforcement services. The attached commendation recognizes that contributions
Carl made to the Saratoga Community.
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS:
The commendation will not be presented.
ALTERNATIVE ACTION(S):
N/A
FOLLOW UP ACTION(S):
Implement Council direction.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda
item and was included in the packet made available on the City’s web site in advance of the
meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each
Page 1 of 2
8
Page 2 of 2
Monday in advance of the Council meeting.
ATTACHMENTS:
Attachment A: Commendation Honoring Assistant Sheriff Carl Neusel
9
PROCLAMATION OF THE CITY COUNCIL
OF THE CITY OF SARATOGA HONORING
ASSISTANT SHERIFF CARL NEUSEL
WHEREAS, Assistant Sheriff Carl Neusel has been with the Santa Clara County Sheriff’s Office for
14 years; and
WHEREAS, during his time with the Santa Clara County Sheriff’s Office, Carl worked as a beat
deputy, traffic enforcement deputy, patrol supervisor, traffic enforcement sergeant, a Detective in the sexual
assault unit, a member of the Crime Scene Investigation unit, Lieutenant of the West Valley Patrol Division,
Captain in the Sheriff’s Jails Administration Division, Captain in the Personnel and Training Division, and
Captain of the West Valley Division; and
WHEREAS, much of Carl’s career in the Santa Clara Sheriff’s Office has been spent serving the
West Valley cities; and
WHEREAS, Carl grew up in the West Valley area and attended St. Andrews, St. Josephs in
Cupertino, Kennedy Middle School, graduated from Bellarmine College Prep, and earned a degree in history
from San Jose State University; and
WHEREAS, the Santa Clara County Sheriff’s Office provides law enforcement services to the City
of Saratoga and Captain of the West Valley Division acts as Police Chief for the City; and
WHEREAS, Carl served the Saratoga community as the West Valley Division as Captain for
approximately 12 months; and
WHEREAS, as the West Valley Division Captain, Carl helped reduce the cost of law enforcement
services to the West Valley cities that contract with the Sheriff’s Office, including the City of Saratoga; and
WHEREAS, throughout his tenure as West Valley Division Captain, Carl has been proactive and
responsive to the public safety needs of the Saratoga community; and
WHEREAS, in 2010, Carl participated in the 245th Session of the FBI National Academy in
Quantico, Virginia – an intensive 10-week academy featuring rigorous and advanced investigative,
management, and fitness training; and
WHEREAS, Carl oversaw the response of Santa Clara County Sheriff’s deputies as the Incident
Commander during the Lehigh Southwest Cement Quarry active shooter incident in Cupertino in October
2011; and
WHEREAS, in December 2011, the Sheriff’s Office announced Carl’s promotion to the position of
Assistant Sheriff where he oversees the Enforcement Division;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga does hereby
extend its sincere appreciation and gratitude to Carl Neusel for his dedicated service and contributions to the
City of Saratoga and wishes him all the best of luck in his future endeavors.
WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 18th day of January
2012.
Chuck Page, Mayor
City of Saratoga
10
SARATOGA CITY COUNCIL
MEETING DATE: January 18, 2012 AGENDA ITEM:
DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Crystal Morrow DIRECTOR: Dave Anderson
City Clerk
SUBJECT: Appointment of Youth Commissioner and Oath of Office
RECOMMENDED ACTION:
Adopt the attached resolution appointing one (1) member to the Saratoga Youth Commission and
direct the City Clerk to administer the Oath of Office.
BACKGROUND:
Following the removal of one member of the Saratoga Youth Commission, the City Council held
interviews on December 21, 2011 to fill one unexpired term on the Saratoga Youth Commission
ending July 1, 2012. The Council selected Nihar Agrawal to fill the vacancy.
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS:
The appointment would not be made to the Youth Commission.
ALTERNATIVE ACTION(S):
N/A
FOLLOW UP ACTION(S):
Update City’s Commission Roster.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda
item and was included in the packet made available on the City’s web site in advance of the
meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each
Page 1 of 2
11
Page 2 of 2
Monday in advance of the Council meeting.
ATTACHMENTS:
Attachment A: Resolution of Appointment
Attachment B: Oath of Office
12
RESOLUTION 12 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
APPOINTING ONE MEMBER TO THE YOUTH COMMISSION
WHEREAS, one vacancy on the Saratoga Youth Commission as created following removal of one
member of the Youth Commission in November 2011; and
WHEREAS, the City Council conducted interviews on December 21, 2011; and
WHEREAS, the City Council selected one applicant to fill the unexpected vacancy on the Saratoga
Youth Commission.
NOW, THEREFORE, the City Council of the City of Saratoga hereby resolves that the following appointment
was made to the Youth Commission:
SARATOGA YOUTH COMMISSION
NIHAR AGRAWAL – JANUARY 1, 2012 TO JULY 1, 2012
The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council
held on the 18th day of January 2012 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Chuck Page, Mayor
ATTEST:
DATE:
Crystal Morrow, City Clerk
13
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
I , Nihar Agrawal, do solemnly swear (or affirm) that I will support and defend the
Constitution of the United States and the Constitution of the State of California
against all enemies, foreign and domestic; that I will bear true faith and allegiance
to the Constitution of the United States and the Constitution of the State of
California; that I take this obligation freely, without any mental reservation or
purpose of evasion; and that I will well and faithfully discharge the duties upon
which I am about to enter.
Nihar Agrawal, Member
Youth Commission
Subscribed and sworn to before me on
this 18th day of January 2012.
Crystal Morrow
City Clerk
14
SARATOGA CITY COUNCIL
MEETING DATE: January 18, 2012 AGENDA ITEM:
DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Crystal Morrow DIRECTOR: Dave Anderson
City Clerk
SUBJECT: Saratogan Readership Drawing
RECOMMENDED ACTION:
Randomly draw the name of one person who responded to the Saratogan readership poll and
announce the winner.
BACKGROUND:
During the October 5, 2011 City Council meeting, the Council directed staff to include an article
in the Winter/Spring Saratogan asking readers to participate in a readership poll. Participants in
the drawing are eligible to win a $50 gift certificate for a Saratoga business to be selected by the
winner. Participants had the option to enter the drawing by submitting their name and contact
information to the City via the website, email, or phone.
The article inviting the public to participate in a readership poll was published in the
Winter/Spring Saratogan, which was mailed to residents in November 2011. The article
indicated that the winner of the drawing would be announced at the January 18, 2012 meeting
and January 17, 2012 was the deadline for entry. The winner of the drawing will be contacted by
staff following the City Council meeting.
FISCAL IMPACTS:
The cost of holding the readership drawing is $50.
CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS:
The City will not conduct the Saratogan readership drawing.
ALTERNATIVE ACTION(S):
N/A
FOLLOW UP ACTION(S):
Page 1 of 2
15
Page 2 of 2
Implement Council direction.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda
item and was included in the packet made available on the City’s web site in advance of the
meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each
Monday in advance of the Council meeting.
ATTACHMENTS:
N/A
16
SARATOGA CITY COUNCIL
MEETING DATE: January 18, 2012 AGENDA ITEM:
DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Crystal Morrow DIRECTOR: Dave Anderson
City Clerk
SUBJECT: TeenForce Presentation
RECOMMENDED ACTION:
Watch a short presentation given by John Hogan on TeenForce.
BACKGROUND:
TeenForce is a non-profit organization that provides work experience to youth between the age
of thirteen and twenty. Founded in April 2010, TeenForce is modeled after successful staffing
industry firms and is building a self-sustaining network of community job programs. Since its
opening, TeenForce has employed 112 teens who have earned over $159,000 during 17,000 paid
work hours. TeenForce has 55 clients (employers) in retail, health care, technology, marketing,
automotive, food service, and home-based businesses. More information about TeenForce is
available in the attached fact sheet and at www.teenforce.org.
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS:
N/A
ALTERNATIVE ACTION(S):
N/A
FOLLOW UP ACTION(S):
Implement Council direction.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda
Page 1 of 2
17
Page 2 of 2
item and was included in the packet made available on the City’s web site in advance of the
meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each
Monday in advance of the Council meeting.
ATTACHMENTS:
Attachment A: TeenForce Fact Sheet
18
October 2011
Contact: John Hogan (408) 827‐3078
johnhogan@teenforce.org
TeenForce Creates Employment Opportunities For Teens
Who We Are: TeenForce is a non‐profit organization providing work experience to youth ages
13 – 20. Founded in April 2010, TeenForce is modeled after successful staffing industry firms
and is building a self‐sustaining network of community job programs.
The Problems We Address: Teen employment is at a 62‐year low. Just 29% of teens aged 16 –
19 are working. More than 50% of youth have fewer than 20 of the 40 critical Developmental
Assets important for youth to avoid risky behaviors and thrive, according to the Search
Institute. A positive employment experience directly results in youth experiencing an increase
of at least eight of these developmental assets.
Our Unique Solution: We operate a non‐profit staffing agency that makes it convenient and
cost‐effective for employers to hire teens and generates revenue to support our activities. We
also provide work readiness training, job search training and skills development classes to
supplement our job placement services. This model will succeed because:
• Our model removes much of the friction making teen employment difficult. Teens are on
our payroll, so we handle hiring paperwork, paychecks and workers compensation
insurance. We pre‐screen teens and provide ongoing support while they are working. We
make it easy for businesses to hire just one teen, which drives tremendous positive results.
• Our approach is market‐based. Although we are a non‐profit organization, we operate a
traditional revenue model designed to cover our operating expenses. This enables us to
grow without relying on continual fundraising and without being a burden on the
communities that we serve.
• Our teens are productive, enthusiastic and reliable workers. TeenForce workers fill
important roles for our clients (employers) and in the community.
Accomplishments to Date: In 18 months, we have employed 112 teens who have earned over
$159,000 during 17,000 paid work hours. We have 55 clients (employers) in retail, health care,
technology, marketing, automotive, food service and home‐based businesses. We have
successfully launched a summer internship program and a program to provide work
opportunities for youth in foster care. In Q3 2011, our youth worked over 6,000 hours (35%
internships, 17% foster youth program and 48% part‐time jobs). We generated earned income
to cover 59% of our operating expenses.
2012 Strategic Objective: Expand throughout Santa Clara County. A larger footprint will allow
us to serve a more diverse population of youth and help us generate the activity that will drive
us to 100% self‐sustainability.
How You Can Help: To expand, we need additional employer relationships and financial
contributions as we seek to become self‐sustaining.
19
SARATOGA CITY COUNCIL
MEETING DATE: January 18, 2012 AGENDA ITEM:
DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Crystal Morrow DIRECTOR: Dave Anderson
City Clerk
SUBJECT: City Council Regular Meeting Minutes for December 21, 2011
RECOMMENDED ACTION:
Approve minutes.
BACKGROUND:
The draft minutes for the City Council Regular Meeting on December 21, 2011 are attached to
this report for Council review and approval.
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS:
N/A
ALTERNATIVE ACTION(S):
N/A
FOLLOW UP ACTION(S):
Retain minutes for legislative history.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda
item and was included in the packet made available on the City’s web site in advance of the
meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each
Monday in advance of the Council meeting.
ATTACHMENTS:
Page 1 of 2
20
Page 2 of 2
Attachment A: December 21, 2011 City Council Regular Meeting Minutes
21
MINUTES
SARATOGA SPECIAL CITY COUNCIL MEETING
DECEMBER 21, 2011
The City Council called Closed Session to order at 4:30 p.m.
Announcement of Closed Session
Conference with Labor Negotiators (Gov’t Code 54957.6)
A. Employee Organizations: Northern California Carpenters Regional Council,
Carpenters Forty Six Counties Conference Board)
Agency Representatives: Deanna Mouser, Monica LaBossiere, and/or Dave Anderson
Public Employee Performance Evaluation (Gov’t Code 54957)
Title: City Attorney
City Council Adjourned Closed Session to conduct Youth Commission Interviews at 5:35
p.m.
SARATOGA REGULAR CITY COUNCIL MEETING
DECEMBER 21, 2011
Mayor Page called the Regular City Council Meeting to order at 7:04 p.m. and led the
Pledge of Allegiance.
ROLL CALL
PRESENT: Council Members Manny Cappello, Howard Miller, Emily Lo,
Vice Mayor, Mayor Chuck Page
ABSENT: None
ALSO PRESENT: Dave Anderson, City Manager
Catherine Engberg, Acting City Attorney
Crystal Morrow, City Clerk
John Cherbone, Public Works Director
Mary Furey, Finance and Administrative Services Director
James Lindsey, Community Development Director
Michael Taylor, Recreation and Facilities Director
Adam Henig, Recreation Supervisor
Cynthia McCormick, Planner
Christopher Riordan, Senior Planner
REPORT OF CITY CLERK ON POSTING OF AGENDA
City Clerk Crystal Morrow reported that pursuant to Government Code 54954.2, the
agenda for this meeting was properly posted on December 16, 2011.
REPORT FROM CLOSED SESSION
Mayor Page noted that there were no actions to report from Closed Session.
22
COMMUNICATIONS FROM COMMISSIONS & PUBLIC
Oral Communications on Non-Agendized Items
No members of the public requested to speak on non-agendized items.
ANNOUNCEMENTS
Council Member Miller shared information about City of Saratoga Recreation winter
camps.
Vice Mayor Hunter announced that love notes would be posted in Village business
windows in February.
Council Member Miller added that the Book-Go-Round is a good place to purchase
holiday gifts.
Vice Mayor Hunter reported that KSAR has prepared several videos featuring Village
shops.
Mayor Page suggested that those looking for holiday gifts should consider making a
purchase at Hakone Gardens. He added that the Valley Transit Authority Board of
Directors approved funding for the BART extension to San Jose.
CEREMONIAL ITEMS
None
SPECIAL PRESENTATIONS
None
CONSENT CALENDAR
1. City Council Regular Meeting Minutes for December 7, 2011
Recommended action:
Approve minutes.
MILLER/HUNTER MOVED TO APPROVE THE MINUTES. MOTION PASSED
5-0-0.
2. Review of Accounts Payable Check Registers
Recommended action:
That the City Council review and accept check registers for the following accounts
payable payment cycles:
December 1, 2011
December 7, 2011
23
MILLER/HUNTER MOVED TO ACCEPT THE CHECK REGISTERS FOR
THE FOLLOWING ACCOUNTS PAYABLE CYCLES: DECEMBER 1, 2011
AND DECEMBER 7, 2011. MOTION PASSED 5-0-0.
3. Treasurer’s Report for the Month Ended November 30, 2011
Recommended action:
Review and accept the Treasurer’s Report for the month ended November 30, 2011.
MILLER/HUNTER MOVED TO ACCEPT THE TREASURER’S REPORT FOR
THE MONTH ENDED NOVEMBER 30, 2011. MOTION PASSED 5-0-0.
4. Purchase of Village Pedestrian LED Lights
Recommended action:
Approve proposal from Electrical Distributors Co. in the amount of $143,438.77 for
the purchase of 95 LED fixtures and photo controls.
Vice Mayor Hunter removed this item for additional information about the project.
HUNTER/MILLER MOVED TO APPROVE THE PROPOSAL FROM
ELECTRICAL DISTRIBUTORS CO. IN THE AMOUNT OF $143,438.77 FOR
THE PURCHASE OF 95 LED FIXTURES AND PHOTO CONTROLS.
MOTION PASSED 5-0-0.
5. Saratoga Ave Overlay and Rehabilitation Project ESPL-5332(014) – Notice of
Completion
Recommended action:
Move to accept the Saratoga Ave Overlay and Rehabilitation Project ESPL-
5332(014) as complete and authorize staff to record the Notice of Completion for the
construction contract.
MILLER/HUNTER MOVED TO ACCEPT THE SARATOGA AVE OVERLAY
AND REHABILITATION PROJECT ESPL-5332(014) AS COMPLETE AND
AUTHORIZE STAFF TO RECORD THE NOTICE OF COMPLETION FOR
THE CONSTRUCTION CONTRACT. MOTION PASSED 5-0-0.
6. Highway 9 Safety Improvement Project Phase III, Austin Way – Award of
Construction Contract
Recommended action:
1. Move to declare Granite Rock Company DBA, Pavex Construction Division of San
Jose to be the lowest responsible bidder on the project.
2. Move to award a construction contract to Granite Rock Company DBA, Pavex
Construction Division in the amount of $313,880.00
3. Move to authorize staff to execute change orders to the contract up to $32,000.
MILLER/HUNTER MOVED TO:
1. DECLARE GRANITE ROCK COMPANY DBA, PAVEX CONSTRUCTION
DIVISION OF SAN JOSE TO BE THE LOWEST RESPONSIBLE BIDDER
ON THE PROJECT.
24
2. AWARD A CONSTRUCTION CONTRACT TO GRANITE ROCK
COMPANY DBA, PAVEX CONSTRUCTION DIVISION IN THE AMOUNT
OF $313,880.00
3. AUTHORIZE STAFF TO EXECUTE CHANGE ORDERS TO THE
CONTRACT UP TO $32,000.
MOTION PASSED 5-0-0.
7. Award of Design Contract for the Village Pedestrian Enhancement Phase 2 Project
Recommended action:
1. Move to award a professional services contract with Gates and Associates for
Design Services in the amount of $179,943 connected to the Village Pedestrian
Enhancement Phase 2 Project and authorize the City Manager to execute the same.
2. Move to authorize staff to execute change orders to the contract up to $18,000.
The City Clerk requested that this item be pulled to provide staff with opportunity to
present a budget adjustment resolution not included in the staff report.
Public Works Director John Cherbone presented the staff report and answered
Council questions.
No one requested to speak on this item.
HUNTER/MILLER MOVED TO:
1. AWARD A PROFESSIONAL SERVICES CONTRACT WITH GATES AND
ASSOCIATES FOR DESIGN SERVICES IN THE AMOUNT OF $179,943
CONNECTED TO THE VILLAGE PEDESTRIAN ENHANCEMENT PHASE
2 PROJECT AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE
SAME.
2. AUTHORIZE STAFF TO EXECUTE CHANGE ORDERS TO THE
CONTRACT UP TO $18,000.
3. APPROVE A BUDGET ADJUSTMENT RESOLUTION.
MOTION PASSED 5-0-0.
8. Final Acceptance of Subdivision Dedications – Subdivision Application No. SUB07-
0001, 19161 Cox Avenue
Recommended action:
1. Move to accept offers of dedication within the Subdivision SUB07-0001.
2. Move to adopt the resolution rescinding the previously rejected Offers of
Dedications and accepting dedication of streets or portions of streets within
Subdivision SUB07-0001 which includes portion of Cox Avenue and a portion of
Brookglen Court into the City’s publicly maintained street system.
Council Member Cappello removed this item from the Consent Calendar to request
additional information.
No one requested to speak on this item.
25
CAPPELLO/MILLER MOVED TO:
1. ACCEPT OFFERS OF DEDICATION WITHIN THE SUBDIVISION
SUB07-0001.
2. ADOPT THE RESOLUTION RESCINDING THE PREVIOUSLY
REJECTED OFFERS OF DEDICATIONS AND ACCEPTING DEDICATION
OF STREETS OR PORTIONS OF STREETS WITHIN SUBDIVISION SUB07-
0001 WHICH INCLUDES PORTION OF COX AVENUE AND A PORTION
OF BROOKGLEN COURT INTO THE CITY’S PUBLICLY MAINTAINED
STREET SYSTEM.
MOTION PASSED 5-0-0.
9. Subdivision Improvement Amendment and Drainage Maintenance Covenant for
Balakrishnan Trust Property
Recommended action:
1. Approve Amendment to Subdivision Improvement Agreement between the Balu
and Mohini Balakrishnan Trust and the City of Saratoga.
2. Approve the Drainage Maintenance Covenant between the Balu and Mohini
Balakrishnan Trust and the City of Saratoga.
The City Clerk requested that this item be removed from the Consent Calendar and
asked Acting City Attorney Catherine Engberg to present changes to the Subdivision
Improvement Agreement.
Acting City Attorney Catherine Engberg presented changes.
No one requested to speak on this item.
HUNTER/CAPPELLO MOVED TO:
1. APPROVE AMENDMENT TO SUBDIVISION IMPROVEMENT
AGREEMENT BETWEEN THE BALU AND MOHINI BALAKRISHNAN
TRUST AND THE CITY OF SARATOGA.
2. APPROVE THE DRAINAGE MAINTENANCE COVENANT BETWEEN
THE BALU AND MOHINI BALAKRISHNAN TRUST AND THE CITY OF
SARATOGA.
MOTION PASSED 5-0-0.
10. Approval of Library Improvement Project and Authorizing Use of Library
Improvement Fund
Recommended action:
Authorize use of approximately $5,000 in savings of the Saratoga Library
Improvement Fund (LBIF) and approve a Post Indicator Valve (PIV) fire alarm
project to improve and enhance the Saratoga Library.
MILLER/HUNTER MOVED TO AUTHORIZE USE OF APPROXIMATELY
$5,000 IN SAVINGS OF THE SARATOGA LIBRARY IMPROVEMENT
FUND (LBIF) AND APPROVE A POST INDICATOR VALVE (PIV) FIRE
ALARM PROJECT TO IMPROVE AND ENHANCE THE SARATOGA
LIBRARY. MOTION PASSED 5-0-0.
26
11. Commission Qualifications and Expiring Terms
Recommended action:
Accept the list of Commission qualifications and terms expiring in the 2012 calendar
year.
Council Member Lo removed this item to discuss Commission attendance
requirements.
Council Member Miller expressed concerns about Youth Commission attendance and
recruitment requirements.
Council directed staff to return with options to address concerns with Youth
Commission attendance and recruitment requirements for Council consideration.
No one requested to speak on this item.
MILLER/LO MOVED TO ACCEPT THE LIST OF COMMISSION
QUALIFICATIONS AND TERMS EXPIRING IN THE 2012 CALENDAR
YEAR. MOTION PASSED 5-0-0.
12. Amendment to Weed Abatement Agreement
Recommended action:
Approve the amendment to the agreement between the County of Santa Clara and the
City of Saratoga for abatement of weeds and authorize the Mayor to sign the
agreement amendment.
MILLER/HUNTER MOVED TO APPROVE THE AMENDMENT TO THE
AGREEMENT BETWEEN THE COUNTY OF SANTA CLARA AND THE
CITY OF SARATOGA FOR ABATEMENT OF WEEDS AND AUTHORIZE
THE MAYOR TO SIGN THE AGREEMENT AMENDMENT. MOTION
PASSED 5-0-0.
13. 2012 Hazardous Vegetation Program Commencement Resolution
Recommended action:
Approve resolution declaring hazardous vegetation (weeds) as a public nuisance and
setting a public hearing on January 18, 2012 to consider objections to the Abatement
List.
MILLER/HUNTER MOVED TO APPROVE RESOLUTION DECLARING
HAZARDOUS VEGETATION (WEEDS) AS A PUBLIC NUISANCE AND
SETTING A PUBLIC HEARING ON JANUARY 18, 2012 TO CONSIDER
OBJECTIONS TO THE ABATEMENT LIST. MOTION PASSED 5-0-0.
14. Council CalPERS Election of Optional Membership and Pension Reform
Recommended action:
Approve the terms and conditions contained in said Resolution which is attached
hereto between the City Council and the City effective December 21, 2011.
27
MILLER/HUNTER MOVED TO APPROVE THE TERMS AND CONDITIONS
CONTAINED IN SAID RESOLUTION WHICH IS ATTACHED HERETO
BETWEEN THE CITY COUNCIL AND THE CITY EFFECTIVE
DECEMBER 21, 2011. MOTION PASSED 5-0-0.
15. Annexation of 19351 Redberry Drive (APN 510-25-062)
Recommended action:
Approve annexation of 19351 Redberry Drive (APN 510-25-062), an approximately
1.39 (gross) acre parcel and an adjacent portion of Redberry Drive, all of which is
contiguous with the limits of the City of Saratoga and within the City’s Sphere of
Influence and Urban Service Boundaries.
MILLER/HUNTER MOVED TO APPROVE ANNEXATION OF 19351
REDBERRY DRIVE (APN 510-25-062), AN APPROXIMATELY 1.39 (GROSS)
ACRE PARCEL AND AN ADJACENT PORTION OF REDBERRY DRIVE,
ALL OF WHICH IS CONTIGUOUS WITH THE LIMITS OF THE CITY OF
SARATOGA AND WITHIN THE CITY’S SPHERE OF INFLUENCE AND
URBAN SERVICE BOUNDARIES. MOTION PASSED 5-0-0.
At this time, Mayor Page requested that the Council move forward to New Business
and discuss Old Business items afterwards.
PUBLIC HEARINGS
None
OLD BUSINESS
16. Resolution Adopting Council Agency and Ad Hoc Committee Appointments
Recommended action:
Approve resolution adopting Council agency and ad hoc committee appointments.
Mayor Page introduced the Council Agency and Ad Hoc Committee Appointments.
Council Member Miller proposed addition of a Postal Service Liaison and
volunteered for the assignment.
MILLER/HUNTER MOVED TO APPROVE RESOLUTION ADOPTING
COUNCIL AGENCY AND AD HOC COMMITTEE APPOINTMENTS.
MOTION PASSED 5-0-0.
NEW BUSINESS
17. Pre-Annexation Agreement for the Garrod Trust property at 22600 Mount Eden Road
– ANX10-0002.
Recommended action:
Approve the Pre-Annexation Agreement for the Garrod Trust and authorize the City
Manager to sign it on behalf of the City.
28
Senior Planner Christopher Riordan presented the staff report and revised pre-
annexation agreement.
Mayor Page invited public comment on the item.
No one requested to speak on this item.
Mayor Page closed public comment.
MILLER/HUNTER MOVED TO APPROVE THE REVISED PRE-
ANNEXATION AGREEMENT FOR THE GARROD TRUST AND
AUTHORIZE THE CITY MANAGER TO SIGN IT ON BEHALF OF THE
CITY. MOTION PASSED 5-0-0.
18. CDBG Program Update
Recommended action:
Review and accept Staff’s application for CDBG ADA Improvement funds.
Planner Cynthia McCormick presented the staff report.
Mayor Page invited public comment on this item.
The following people requested to speak on this item
Susan Huff, Executive Director, Saratoga Area Senior Coordinating Council
(SASCC)
No one else requested to speak on this item.
Mayor Page closed public comment.
CAPPELLO/HUNTER MOVED TO MOVE TO APPROVE ACCEPT STAFF’S
APPLICATION FOR CDBG ADA IMPROVEMENT FUNDS. MOTION
PASSED 5-0-0.
At this item, Mayor Page invited Bill Cooper to comment on Item 17 - Pre-
Annexation Agreement for the Garrod Trust property at 22600 Mount Eden Road.
Bill Cooper spoke on this item.
At this time, Mayor Page requested that the Council return to Old Business items
before proceeding to Adhoc and Agency Assignment Reports.
ADHOC & AGENCY ASSIGNMENT REPORTS
Mayor Chuck Page
TEA AdHoc - Mayor Page reported that he spoke with State Assemblymember Jim Beall
about putting forward a bill to recover TEA funds.
29
West Valley Sanitation District - Mayor Page reported on the last West Valley Sanitation
District meeting and shared that the District will begin recruitment for a new director.
Vice Mayor Jill Hunter
KSAR Community Access TV Board - KSAR has prepared several videos featuring
Saratoga Village stores. Videos can be viewed on KSAR or YouTube. Additional videos
will be done in the spring.
SASCC - The SASCC Board met yesterday and discussed SASCC’s finances.
Council Member Emily Lo
Library Joint Powers Association - The Library Joint Powers Authority (JPA) Board
meets on January 26, 2012, the same day as the Council Retreat. Consequently, Council
Member Lo will be unable to attend the meeting. The JPA Board will be discussing its
budget.
Council Member Howard Miller
Valley Transportation Authority PAC - Council Member Miller updated the Council on
the BART extension to San Jose and upcoming Express Lane projects.
Council Member Manny Cappello
Chamber of Commerce – Council Member Cappello shared information about Chamber
of Commerce events planned for 2012 and efforts to engage the community in the sign
ordinance update.
CITY COUNCIL ITEMS
None
CITY MANAGER’S REPORT
City Manager Dave Anderson reported that City Hall will be closed between Christmas
and New Years for the holidays and winter furlough. Public Works will be on standby,
the Sheriff’s Office will continue usual patrols, and Recreation and Facilities will remain
open.
Acting City Attorney Catherine Engberg shared that City Attorney Richard Taylor would
be back from sabbatical in January.
ADJOURNMENT
Mayor Page adjourned the meeting at 8:42 p.m.
Respectfully submitted:
Crystal Morrow, City Clerk
30
Dave Anderson
Mary Furey Mary Furey
SUBJECT: Review of Accounts Payable Check Registers
RECOMMENDED ACTION:
That the City Council review and accept check registers for the following accounts payable payment cycles:
REPORT SUMMARY:
Attached are Check Registers for:
Date
Ending Check
No.
12/15/11 119204 119247 44 238,292.35 12/15/11 12/07/12 119203
12/21/11 119248 119337 90 1,073,943.49 12/21/11 12/15/11 119247
01/05/12 119338 119347 10 23,902.43 01/05/12 12/21/11 119337
Date Check No. Issued to Dept.Amount
12/15/11 119212 FASD 152,410.52
12/21/11 119258 PW 908,938.80
12/21/11 119264 PS 29,438.62
12/21/12 119291 PW 29,025.90
AP Date Check No.Description Amount
12/15/11 119204 Void - Mulit-stub check -
12/21/11 119317 Void - Reissue: Entry Error 326.00
AT&T
Shimodo Michiko
Issued to
Accounts Payable checks voided during this time period:
Saratoga Rd Rehab Pgm
General Animal Services Nov/Dec
SidewalksJJR Construction CIP - Streets/Grants
County of Santa Clara SHARP Fund Transfer SHARP Program
Accounts Payable checks issued for $20,000 or greater:
Fund Purpose
CF Archibald Paving Inc CIP - Streets/Grants/Gas
SARATOGA CITY COUNCIL
MEETING DATE:January 18, 2012 AGENDA ITEM:
DEPARTMENT:Finance & Administrative Services CITY MANAGER:
PREPARED BY:
Accounts Payable
City of San Jose
Ending Check
No.
DEPT. DIRECTOR:
Prior Check Register
Accounts Payable
Accounts Payable
Checks
Released
December 15, 2011
December 21, 2011
January 5, 2012
Total Checks AmountType of Checks Date
Starting
Check No.
31
Fund #12/15/11 12/21/11 01/05/12 Total
111 General 34,073.40 73,822.87 10,989.13 118,885.40
212 Saratoga Housing & Rehab. Pgm.152,410.52 152,410.52
231 Village Lighting 2,877.59 2,476.07 5,353.66
232 Azule Lighting 235.04 235.07 470.11
233 Sarahills Lighting 249.92 249.95 499.87
241 Arroyo de Saratoga Landscape 142.88 85.00 227.88
242 Bonnet Way Landscape 422.46 135.00 557.46
243 Carnelian Glen 135.00 135.00
244 Cunningham/Glasgow Landscape 235.06 150.00 385.06
245 Fredericksburg Landscape 464.33 132.00 596.33
246 Greenbriar Landscape 570.37 406.00 976.37
247 Kerwin Ranch Landscape 311.00 311.00
248 Leutar Court Landscape 243.38 85.00 328.38
249 Manor Drive Landscape 160.00 160.00 320.00
251 McCartysville Landscape 250.32 197.36 17.14 464.82
252 Prides Crossing Landscape 668.72 531.99 88.65 1,289.36
253 Saratoga Legends Landscape 158.00 158.00
254 Sunland Park Landscape 383.00 383.00
255 Tricia Woods Landscape 218.27 54.17 8.58 281.02
271 Beauchamps Landscape 85.00 106.22 48.97 240.19
272 Bellgrove Landscape 1,647.08 2,091.60 468.01 4,206.69
273 Gateway Landscape 932.38 239.63 1,172.01
274 Horseshoe Landscape/Lighting 851.60 500.08 9.17 1,360.85
275 Quito Lighting 222.88 1,370.35 1,088.53 2,681.76
276 Tollgate LLD 124.52 90.00 214.52
277 Village Commercial Landscape 15.69 2,460.00 2,475.69
411 CIP Street Projects 16,107.00 92,738.49 243.66 109,089.15
412 CIP Park & Trail Projects 2,217.25 950.00 3,167.25
413 CIP Facility Projects 247.56 247.56
414 CIP Admin Projects 661.04 661.04
421 Tree Fund 112.50 112.50
431 Grant Fund - CIP Streets 452,152.57 452,152.57
432 Grant Fund - Parks & Trails 385.64 7,268.00 7,653.64
481 Gas Tax Fund 16,674.75 411,956.87 428,631.62
611 Liability/Risk Mgt -
612 Workers' Comp 218.75 429.73 648.48
621 Office Support Services Fund 1,524.85 1,524.85
622 Information Technology 1,990.53 1,042.18 3,032.71
623 Vehicle & Equipment Maint 5,802.18 1,804.59 7,606.77
624 Building Maintenance 2,705.63 10,663.16 6,507.59 19,876.38
632 5,348.80 5,348.80
238,292.35 1,073,943.49 23,902.43 - - 1,336,138.27
FOLLOW UP ACTION:
N/A
ADVERTISING, NOTICING AND PUBLIC CONTACT:
ATTACHMENTS:
Check Registers in the 'A/P Checks By Period and Year' report format
Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and included in the packet made available
on the City’s website in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each
Monday in advance of the Council meeting.
TOTAL
Fund Description
IT Equipment Replacement
Cash reductions by fund:
32
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47
SARATOGA CITY COUNCIL
MEETING DATE: January 18, 2012 AGENDA ITEM:
DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Crystal Morrow DIRECTOR: Dave Anderson
City Clerk
SUBJECT: Amended AlertSCC Participant Agreement
RECOMMENDED ACTION:
Authorize the City Manager to sign:
1. Amended agreement between the County of Santa Clara and participants for use of
AlertSCC, Santa Clara County Regional Mass Notification System; and
2. Amended AlertSCC Policy Manual.
BACKGROUND:
AlertSCC is an emergency alert service offered by Santa Clara County that utilizes telephone
voice messages, emails, and text messages to send alerts. The system uses phone numbers in the
911 and 411 databases, as well as cell phone numbers and email addresses registered with the
system via the AlertSCC website.
The current AlertSCC participant agreement was signed in 2009. In 2011, the County introduced
changes to the AlertSCC program. Namely, non-emergency messages sent through AlertSCC are
no longer free. In September 2011, the Council authorized City Manager Dave Anderson to opt
out of non-emergency AlertSCC messaging on behalf of the City.
Additionally, the definitions of an emergency and emergency message have been revised. An
emergency in the amended agreement is defined as an incident, situation, or natural phenomenon
that:
- Is immediately threatening to life, health, property or the environment; or
- Has caused loss of life, health detriments, property damage or environmental damage; or
- Has a high probability of escalating to cause immediate danger to life, health, property or
environment.
An emergency message is defined as a voice or text message sent:
- In connection with an emergency;
- For the purpose of conducting a system test in preparation for an emergency; or
- Otherwise to an employee or volunteer of the County or City (as applicable).
FISCAL IMPACTS:
Page 1 of 2
48
Page 2 of 2
If the amended agreement and policy manual are amended, there will be no fiscal impact to the
City.
CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS:
The amended agreement and policy manual will not be signed on behalf of the City of Saratoga.
ALTERNATIVE ACTION(S):
N/A
FOLLOW UP ACTION(S):
Implement Council direction.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda
item and was included in the packet made available on the City’s web site in advance of the
meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each
Monday in advance of the Council meeting.
ATTACHMENTS:
Attachment A: Amended Agreement Between the County of Santa Clara and Participants for
use of AlertSCC, Santa Clara County Regional Mass Notification System
Attachment B: Amended AlertSCC Policy Manual
49
AMENDED AlertSCC Participant Agreement
AGREEMENT BETWEEN THE COUNTY OF SANTA CLARA Page 1 of 7
AND PARTICIPANTS FOR USE OF
AlertSCC, Santa Clara County Regional Mass Notification System
Revised July 6, 2011
AGREEMENT BETWEEN THE COUNTY OF SANTA CLARA AND
PARTICIPANTS FOR USE OF AlertSCC,
Santa Clara County Regional Mass Notification System
This Participant Agreement is entered into between the County of Santa
Clara, a political subdivision of the State of California (“County”) and
(“Participant”) to provide Participant with access to AlertSCC, Santa Clara
County Regional Mass Notification System, including all related services,
training, updates and maintenance. This Participant Agreement is intended to
establish governance and terms for access and use of AlertSCC, the Santa Clara
County Regional Mass Notification System.
1. RECITALS
WHEREAS, County is sponsoring a countywide Regional Mass
Notification System (“AlertSCC”) for the primary intent of providing timely
communication to the public and its employees; and
WHEREAS, the County controls use and access to AlertSCC, and is
making AlertSCC available to cities and agencies within the County of Santa
Clara pursuant to these agreed upon terms and conditions; and
WHEREAS, the County entered into a contract with Blackboard Connect
Inc. (“BCI Agreement”), attached hereto as Exhibit A, for the provision of
AlertSCC on or about September 23, 2008 to disseminate information to
County’s citizens and businesses through computer, phone and handheld
devices; and
WHEREAS, Blackboard Connect Inc. (“BCI”) agrees to provide to
Participant the services agreed to by BCI and County as contained in the BCI
Agreement Amendment No. 1, in exchange for Participant agreeing to abide by
the terms and conditions set forth in this Participant Agreement, the BCI
Agreement, Amendment No. 1 and the exhibits to said agreements; and
WHEREAS, Participant agrees to uphold the terms and conditions of the
Participant Agreement, the BCI Agreement, Amendment No. 1, the exhibits to
said agreements, and to use AlertSCC in compliance with all usage agreements
identified and incorporated herein as Exhibit A (BCI Agreement and Amendment
No. 1), and Exhibit B (AlertSCC, Santa Clara County Regional Mass Notification
System Policy Manual), and this Participant Agreement, in order to receive the
benefits under the Participant Agreement.
Now, therefore, for good and valuable consideration, the adequacy and
sufficiency of which is hereby acknowledged, the parties hereby agree as follows:
50
AMENDED AlertSCC Participant Agreement
AGREEMENT BETWEEN THE COUNTY OF SANTA CLARA Page 2 of 7
AND PARTICIPANTS FOR USE OF
AlertSCC, Santa Clara County Regional Mass Notification System
Revised July 6, 2011
2. EXHIBITS
Exhibit A = BCI Agreement and Amendment No. 1
Exhibit B = AlertSCC, Santa Clara County Regional Mass Notification
System Policy and Procedure Manual and Policy Amendment
No. 1
3. TERM OF AGREEMENT
3.1 This Participant Agreement shall be effective as of the date of the
last signature on this Participant Agreement.
3.2 This Participant Agreement shall expire upon the earlier of (a)
expiration of the BCI Agreement, Amendment No. 1, or (b) termination pursuant
to Section 4.
4. TERMINATION
Either party to this Participant Agreement may in its sole discretion
terminate this Participant Agreement in whole but not in part by providing thirty
(30) days written notice to the other party.
5. MODIFICATION
This Participant Agreement shall not be altered, changed, modified, or
amended without the prior, express written consent of both parties to this
Participant Agreement. No amendment shall be effective or binding unless
approved by the County Director of Emergency Preparedness, or authorized
designee.
6. SCOPE AND USE
6.1 Use of AlertSCC and its data, including but not limited to contact
information, is governed by the terms, conditions and restrictions set forth in the
terms provided in this Participant Agreement, Exhibits A and B to this Participant
Agreement, and the then current BCI Acceptable Use Policy and Privacy Policy.
Participant agrees to the terms and conditions contained therein. In
consideration for Participant’s acceptance of said terms and conditions, during
the term of this Participant Agreement, the County and each City’s ability to send
messages shall be limited to the number of messages purchased as further
described in Description of Requested Service Section a.1, of Amendment No. 1
to the AlertSCC Agreement between the County of Santa Clara and Blackboard
Connect Inc.
51
AMENDED AlertSCC Participant Agreement
AGREEMENT BETWEEN THE COUNTY OF SANTA CLARA Page 3 of 7
AND PARTICIPANTS FOR USE OF
AlertSCC, Santa Clara County Regional Mass Notification System
Revised July 6, 2011
6.2 County retains the right to modify or update Exhibits A and B as
needed, in whole or in part, during the term of this Participant Agreement.
Participant hereby consents to said modifications or updates. County will
distribute to Participant any and all revised exhibits within ten (10) business days
of the revision date. Upon transmission by County to Participant, the revised
exhibits shall thereby be incorporated into this Participant Agreement. The
revised exhibits shall not constitute a modification for purposes of Section 5 to
this Participant Agreement.
6.3 Participant, including each of its agents, officers, employees, and
representatives who are given access to AlertSCC, agrees to abide by the
individual terms of each agreement and the additional conditions incorporated
herein. Breach of use shall result in immediate individual user or Participant
access account termination.
6.4 The scope of services under this Participant Agreement is limited to
using AlertSCC to provide notification to Participant inter-departmental resources
and/or the public as described in the “AlertSCC, Santa Clara County Regional
Mass Notification System Policy and Procedure Manual” attached hereto as
Exhibit B.
6.5 Participant has received, read and understood the terms and
conditions found in “AlertSCC, Santa Clara County Regional Mass Notification
System Policy Manual and Policy Amendment No. 1” attached hereto as Exhibit
B. Participant hereby accepts said terms and conditions.
7. OWNERSHIP
Participant acknowledges and agrees that it has no ownership rights in
AlertSCC, data, phone numbers, email addresses, passwords, user IDs and
other access information to AlertSCC, training and user guides, materials
identified as confidential, the member pages of BCI’s website and all other
materials pertaining to the use of AlertSCC. Participant accepts the terms of
ownership contained in the BCI Agreement.
8. WARRANTY, TRAINING, SUPPORT AND MAINTENANCE
Participant accepts the terms of warranty, training, support and
maintenance contained in the BCI Agreement.
52
AMENDED AlertSCC Participant Agreement
AGREEMENT BETWEEN THE COUNTY OF SANTA CLARA Page 4 of 7
AND PARTICIPANTS FOR USE OF
AlertSCC, Santa Clara County Regional Mass Notification System
Revised July 6, 2011
9. CONFIDENTIALITY
Participant shall maintain the confidentiality of the information specified in
Section 7 of this Participant Agreement, the e911 data, 411 data, and the BCI
portal subscription data with the same degree of care that it uses to protect its
own confidential information, but in no event less than a reasonable degree of
care, provided, however, that, Participant may disclose confidential information to
the extent required by law.
If Participant receives a California Public Records Act (“CPRA”) request
for information specified in Section 7 of this Participant Agreement, the e911
data, 411 data or the BCI portal subscription data, Participant shall notify County
in writing within twenty four (24) hours of receipt of said request so that County
can respond to the request in a timely fashion. These requests should go to the
County Director of Emergency Preparedness, If Participant provides timely notice
to the County, the County shall defend Participant against any claim, action or
litigation that may result from denial of a CPRA request.
10. INDEMNIFICATION
In lieu of and not withstanding the pro rata risk allocation which might otherwise
be imposed between the Parties pursuant to Government Code Section 895.6,
the Parties agree that all losses or liabilities incurred by a party shall not be
shared pro rata but instead the County and ________________________ agree
that pursuant to Government Code Section 895.4, each of the parties hereto
shall fully indemnify and hold each of the other parties, their officers, board
members, employees and agents, harmless from any claim, expense or cost,
damage or liability imposed for injury (as defined by Government Code Section
810.8) occurring by reason of the negligent acts or omissions or willful
misconduct of the indemnifying party, its officers, board members, employees or
agents, under or in connection with or arising out of any work, authority or
jurisdiction delegated to such party under this Agreement. No party, nor any
officer, board member, employee or agent thereof shall be responsible for any
damage or liability occurring by reason of the negligent acts or omissions or
willful misconduct of other parties hereto, their officers, board members,
employees or agents, under or in connection with or arising out of any work,
authority or jurisdiction delegated to such other parties under this Agreement.
11. LIMITATION OF LIABILITY
In no event will County be liable to Participant for any incidental or
consequential damages, including but not limited to indirect, special, punitive, or
exemplary damages for loss of business, loss of profits, business interruption, or
loss of business information, arising out of or connected with this Participant
Agreement, or for any claim by any other party, even if advised of the possibility
of such damages.
53
AMENDED AlertSCC Participant Agreement
AGREEMENT BETWEEN THE COUNTY OF SANTA CLARA Page 5 of 7
AND PARTICIPANTS FOR USE OF
AlertSCC, Santa Clara County Regional Mass Notification System
Revised July 6, 2011
12. DISCLAIMER:
The County is providing AlertSCC "AS IS.” The County makes no
warranties, express or implied, including without limitation, any implied warranties
of merchantability and/or fitness for a particular purpose, regarding the accuracy,
completeness, value, quality, validity, merchantability, suitability, and condition,
of AlertSCC, its messages, or the data contained within AlertSCC.
13. ASSIGNMENT
Neither party may assign this Participant Agreement without the other
party's prior written consent. Any assignment made in conflict with this provision
shall be void.
14. WAIVER
County’s failure to require strict performance of any provision of this
Participant Agreement shall not waive or diminish County’s right thereafter to
demand strict compliance with that or any other provision. No waiver by County
of any of its rights under this Participant Agreement shall be effective unless
expressed in writing and signed by the County. A waiver by County of any of its
rights shall not be effective to waive any other rights.
15. NOTICES
15.1 All deliveries, notices, requests, demands or other communications
provided for or required by this Participant Agreement shall be in writing and shall
be deemed to have been given when sent by registered or certified mail, return
receipt requested; when sent by overnight carrier; or upon telephone
confirmation to sender of receipt of a facsimile communication which is followed
by a mailed hard copy from sender. Notices shall be addressed to:
COUNTY: Office of Emergency Services
Director of Emergency Preparedness
55 W. Younger Avenue, 4th Floor
San Jose, CA 95110
PARTICIPANT:
54
AMENDED AlertSCC Participant Agreement
AGREEMENT BETWEEN THE COUNTY OF SANTA CLARA Page 6 of 7
AND PARTICIPANTS FOR USE OF
AlertSCC, Santa Clara County Regional Mass Notification System
Revised July 6, 2011
15.2 Each party may designate a different person and address by
sending written notice to the other party, to be effective no later than ten (10)
days after the date of the notice.
16. TITLES AND HEADINGS
The titles and headings of paragraphs, sections, subsections and exhibits
are for convenience only and are not intended to affect the proper construction of
this Participant Agreement.
17. SEVERABILITY
The provisions of this Participant Agreement are severable, and if for any
reason, a clause, sentence or paragraph of this Participant Agreement is
determined to be invalid by a court or County or commission having jurisdiction
over the subject matter thereof, such invalidity shall not affect other provisions of
this Participant Agreement, which can be given effect without the invalid
provision.
18. FORCE MAJEURE
Neither party shall be liable for failure of performance, nor incur any
liability to the other party on account of any loss or damage resulting from any
delay or failure to perform all or any part of this Participant Agreement if such
delay of failure is caused by events, occurrences, or causes beyond the
reasonable control and without negligence of the parties. Such events,
occurrences, or causes will include, but not limited to, labor strikes, lockouts,
riots, acts of war, acts of God, fire and explosion.
19. ENTIRE AGREEMENT
This Participant Agreement and attached exhibits incorporate all the
agreements, covenants and understandings between the parties concerning the
subject matter hereof, and all such agreements, covenants and understandings
have been merged into this Participant Agreement. No prior agreement or
understanding, verbal or otherwise, of the parties or their agents shall be valid or
enforceable unless embodied in this Participant Agreement.
20. SURVIVAL
All sections, paragraphs, subparagraphs and exhibits shall survive
termination or expiration of this Participant Agreement.
55
AMENDED AlertSCC Participant Agreement
AGREEMENT BETWEEN THE COUNTY OF SANTA CLARA Page 7 of 7
AND PARTICIPANTS FOR USE OF
AlertSCC, Santa Clara County Regional Mass Notification System
Revised July 6, 2011
21. GOVERNING LAWS
This Participant Agreement shall be construed and interpreted in
accordance with the laws of the State of California. Proper venue for legal action
regarding this Participant Agreement shall be in the County of Santa Clara
IN WITNESS WHEREOF, Participant has caused its duly authorized
representatives to execute and deliver this Participant Agreement as of the date
first set forth below.
COUNTY OF SANTA CLARA PARTICIPANT
__________________________ _______________________________
Kathleen McKenna
Interim Director of Emergency Preparedness
Office of Emergency Services
Date: ____________________ Date: __________________________
Approved as to Form and Legality Approved as to Form and Legality
_________________________ ________________________________
Deputy County Counsel
Date: ____________________ Date: ___________________________
56
AlertSCC Policy Manual Amendment No. 1
July 6, 2011 Page 1 of 1
Attached to and made part of the AlertSCC Policy Manual v2 (Santa Clara County Regional Mass Notification
System), dated March 2010, issued to all jurisdictions that use AlertSCC.
Amendment Date: July 6, 2011
Amendment to: AlertSCC Santa Clara County Regional Mass Notification System
Policy Manual
Brief Description: This amendment modifies the AlertSCC Policy Manual which provides the
policies for the use and administration of the Santa Clara County Regional Mass
Notification System known as “AlertSCC.”
Submitted By: County of Santa Clara, Office of Emergency Services
Amendment Text:
The County of Santa Clara, Office of Emergency Services has amended the AlertSCC Policy Manual v2 on
July 6, 2011. Participants hereby agree as follows:
1. Section 2 (Authorization for Use)
Section 2.2.2 of the AlertSCC Policy Manual shall be deemed deleted in its entirety and replaced
by the following:
2.2.2 The County and each City’s ability to send messages shall be limited to the number of
messages purchased as further described in Description of Requested Service Section
a.1, of Amendment No. 1 to the AlertSCC Agreement between the County of Santa Clara
and Blackboard Connect Inc.
2. Section 3 (Acceptable Use)
Section 3.2.1 of the AlertSCC Policy Manual shall be deemed deleted in its entirety and replaced
by the following:
3.2.1 Throughout the term of the signed Participant Agreement, authorized jurisdictions are
eligible to use AlertSCC based on amount of messages purchased as further described in
Description of Requested Service Section a.1, of Amendment No. 1 to the AlertSCC
Agreement between the County of Santa Clara and Blackboard Connect Inc.
Except as otherwise set forth herein, the AlertSCC Policy Manual, AlertSCC Participant Agreement and Amendment
No. 1 to the “Agreement” shall remain in full force and effect.
Signature
Date
Printed Name
Title
57
SARATOGA CITY COUNCIL
MEETING DATE: January 18, 2012 AGENDA ITEM:
DEPARTMENT: City Attorney CITY MANAGER: Dave Anderson
PREPARED BY: D. Mouser and M. LaBossiere DIRECTOR: Richard Taylor
Labor Negotiating Team City Attorney
SUBJECT: Council Resolution to Adopt Memorandum of Understanding for the
“UNION” (Northern California Carpenters Regional Council, Carpenters Forty
Six Northern California Counties Conference Board And Their Affiliated Local
Unions)
RECOMMENDED ACTION:
Adopt the Memorandum of Understanding between the City of Saratoga and the “UNION”
(Northern California Carpenters Regional Council, Carpenters Forty Six Counties Conference
Board and Their Affiliated Local Unions) July 1, 2011 to June 30, 2015.
BACKGROUND:
The UNION is the labor organization or exclusive representative of the employees and mid-
management employees employed by the City in the Streets and Fleets and Parks Divisions,
excluding an Office Specialist III employee in the Streets and Parks Divisions represented by
SEA.
The UNION and the City’s labor negotiations teams have met on numerous occasions regarding
the terms and conditions of employment for the bargaining unit. The results of these
negotiations are contained in the attached Tentative Agreement for the Memorandum of
Understanding (MOU).
The previous Memorandum of Understanding (MOU) with the UNION expired on
September 30, 2011. Beginning in June, the UNION and the City have met and discussed the
terms and conditions of employment. Throughout bargaining, the City emphasized its difficult
financial situation and the importance of achieving real cost savings in the form of both short-
term solutions and long-term structural changes in the UNION’s successor MOU.
Page 1 of 3
58
As of November 14, 2011, the City and the UNION reached a tentative agreement to
reduce personnel-related expenditures to address the budget shortfall resulting in Fiscal Year
2011-2012 savings of approximately $100,000 in total compensation and benefits. The Tentative
Agreement for the Memorandum of Understanding was presented to and ratified by the City
Council on November 16, 2011 (Resolution No. 11-075). Subsequently, the Union
requested revisions to the Memorandum of Understanding, the City agreed, and a subsequent
ratification vote by the UNION membership approved the revised Memorandum of
Understanding on December 22, 2011.
The following is a summary of short and long-term key issues that the City and UNION have
reached agreement on:
• Retirement: Effective November 14, 2011, each UNION unit member will contribute 7% of
his/her compensation on a pre-tax basis for the employee’s seven (7) percent fixed share of
the CalPERS defined benefit retirement program.
• Pension Reform: A 2-tier retirement plan for employees hired after the City completes the
PERS-required implementation process. These employees will be provided a 2%@60
defined benefit retirement formula with a three (3) year average of salary as part of the
retirement calculation.
• Medical Insurance Premiums: Effective January 1, 2012 for employees hired prior to July 1,
2011, the City will pay 100% of the lowest-cost HMO plan’s monthly premium rate, at the
tier of coverage selected by the employee (employee only, employee plus one, employee plus
2 or more).
• New Hire Medical Insurance Premiums: Medical insurance premium costs for employees
continue to grow year after year at rates that exceed the city’s revenue growth. For
employees hired after July 1, 2011, the City’s monthly contribution for medical insurance
will be a specific amount set for each tier of coverage, with the employee paying the amount
above the City’s contribution level. (City contribution of $600 for employee only, $1200 for
employee and one dependent, and $1500 for employee and two or more dependents).
• Elimination of Bi-Annual Salary Survey: Effective immediately, Article III. Salary
Administration A. Salary Ranges (Bi-Annual Salary Survey) will be eliminated from the
MOU (despite the bi-annual salary survey being included in the City’s Personnel Rules, the
language will not apply to UNION as this provision in the MOU makes it inapplicable.)
• Elimination of COLA: UNION agreed to remove the prior MOU's COLA language that
provided for a COLA wage increase based on CPI, with a minimum annual wage increase of
1% and a maximum of 2.5%. Thus, UNION members will not receive a CPI-based COLA
increase in 2012, 2013, and 2014 of the MOU (subject to a possible reopener on wages in
2013 or 2014 if sales and property tax revenue increase by 3% or more).
• Paid Time Off (PTO) Cap: Effective December 1, 2011 the City will enforce its PTO cap.
• Public Accountability: Administrative Leave and PTO will be taken by exempt (salaried)
employees and tracked in increments of one hour or more in a workday.
• Unpaid Furlough Days: UNION unit members will take three (3) 8-hour Friday’s as unpaid
furlough days during FY2011-2012.
• Overtime Reform – Elimination of double time overtime. Overtime payments are only based
on hours worked (removing language that paid leave hours, such as holiday or PTO, are
counted toward hours worked for overtime).
Page 2 of 3
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Page 3 of 3
FISCAL IMPACTS:
In Fiscal Year 2011-2012, the savings is approximately $100,000 in total compensation and
benefits. Additional savings will be realized in future years.
CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS:
UNION unit members would continue to receive benefits as per UNION’s Memorandum of
Understanding which expired on September 30, 2011.
ALTERNATIVE ACTION(S):
N/A
FOLLOW UP ACTION(S):
Various payroll changes to implement the terms previously described. As the performance
incentive compensation (longevity) language remains in the new MOU, the future scheduled
longevity pay for UNION positions will be effective upon each unit member’s eligibility.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Pursuant to Government Code 54956, this item was properly posted as a City Council agenda
item for a special meeting and was included in the packet made available on the City’s website in
advance of the meeting.
ATTACHMENTS:
1. Resolution
2. MOU TA – UNION ratified the MOU with its members on December 22, 2011.
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MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SARATOGA AND UNION (2011-2015)
1 Final Version Ratified by the Union membership on December 22, 2011
MEMORANDUM OF UNDERSTANDING
BETWEEN CITY OF SARATOGA
AND
NORTHERN CALIFORNIA CARPENTERS REGIONAL COUNCIL, CARPENTERS FORTY SIX
NORTHERN CALIFORNIA COUNTIES CONFERENCE BOARD AND THEIR AFFILIATED
LOCAL UNIONS (UNION)
JULY 1, 2011 TO JUNE 30, 2015
I. INTRODUCTION
This Memorandum of Understanding (MOU), or “AGREEMENT,” dated July 1, 2011, 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 Northern California
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, 2011, and continuing through June 30, 2015. 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.
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. XX-XXX adopted on January 18, 2012.
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MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SARATOGA AND UNION (2011-2015)
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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, or otherwise discipline employees in
accordance with applicable laws, the Saratoga Municipal Code, Personnel Rules and
Administrative Policies; 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 Policies.
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.
III. SALARY ADMINISTRATION
Furloughs: The parties agreed to three unpaid furlough days on eight-hour Fridays in Fiscal Year
2011-12 (December 30, 2011, January 13, 2012, and February 24, 2012.)
Each UNION unit member will forego receiving payment for three days of furlough on eight-hour
on-Friday days that would otherwise be work days before June 30, 2012. The employee is not to
perform any work on the furlough day.
No PTO (or any other paid time off such as administrative leave or compensatory time off) can be
used on the furlough day each month because each furlough day must result in no cost to the City.
Specific Rule Application for Exempt Employees on Furlough Days
Deductions from the pay of an exempt employee of a public agency for absences due to a budget-
required furlough shall not disqualify the employee from being paid on a salary basis except in the
workweek in which the furlough occurs and for which the employee’s pay is accordingly reduced
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MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SARATOGA AND UNION (2011-2015)
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(29 C.F.R. 541.710). In a week that includes a furlough day, an overtime-exempt employee
cannot work beyond the employee’s regularly scheduled work hours.
Bi-annual salary survey not applicable: Effective July 1, 2011, despite the City’s Personnel Rules
and Policies providing for pay range adjustments as a result of the bi-annual wage survey of
comparable cities, the language will not apply to UNION as the provision III. Salary
Administration, Section A. Salary Ranges in the MOU was eliminated and makes inapplicable the
language in the City’s Personnel Rules and Policies about the bi-annual wage survey and pay
range adjustments.
Reopener: Beginning in March 2013, if the City’s combined total of audited General Fund sales
tax and property tax revenue as reported in the most recent audited financial statement (FYE June
30, 2012) has increased 3% or more as compared to the prior year (FYE June 30, 2011) total of
audited General Fund sales tax and property tax revenue, the parties agree to reopen bargaining on
wages and benefits in or around March of 2013. If the 3% criterion is not met as of March 2013,
but the criterion is met as of March 2014 (FYE June 30, 2013 as compared to FYE June 30, 2012),
the reopener will occur in or around March of 2014. There will not be more than one reopener
(either in March 2013 or March 2014).
A. 5-Step Range Table Pay Plan
See Exhibit A for the fiscal year 2011-12 5-step range table pay plan including the 1.37 cost of
living adjustment effective July 1, 2011.
B. Compensation
Pay – Employees occupying a position in a classification covered by this MOU shall be paid a
base salary (exempt FLSA status) or hourly rate of pay (non-exempt FLSA status) within the
range established for that position’s classification.
Placement Within 5-Step Range Table –The CITY will determine placement consistent with
the Personnel Rules and Policies.
Progression Within 5-Step Range Table – Advancement within an established 5-Step Range
Table is considered at the time of employee eligibility.
Each employee 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, after each employee has worked
at least six (6) months, if other eligibility criteria are met. If a new hire has not worked at least
six (6) months as of July 1, then that employee’s anniversary date will be the next July 1 and
each July 1 thereafter.
Eligibility for Progression within Range - All regular and eligible employees (with reference to
the paragraph immediate above) will be evaluated on a fiscal year basis and will advance in
their pay range based on fiscal year performance evaluation results.
No increase in pay shall be automatic solely upon completion of a specified period of service.
All increases shall be contingent upon a satisfactory fiscal year 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 fiscal year
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performance evaluation, indicating a cumulative rating less than “meets expectations”, the
employee will not receive a pay increase other than an approved and budgeted cost of living
increase, if any. An employee who is denied an increase in pay 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
fiscal year employee performance evaluation will be eligible to receive a pay increase of five
percent (5%) (1 step) above their existing pay, until such time as the employee reaches the top
of his/her pay range, at which time the employee shall not advance beyond the top of the
established range.
Negotiated increases: All negotiated pay increases shall apply at all steps in the range,
including applying to an employee who is receiving the 5% performance incentive
compensation step.
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 a 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.
All promotional appointments shall be subject to a probationary period of one year. During
the probationary period, a supervisor may evaluate an employee at any time. Upon successful
completion of the twelve-month probationary period, a 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 fiscal year
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 and provided that the employee subject to not passing probation did not violate the
Personnel Rules and Policies' list of causes for discipline (except that an employee who has
unsatisfactory job performance based on lack of knowledge, skills, and abilities required of the
higher classification will be allowed reinstatement to the lower classification.) If no vacancy
exists, the employee 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
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MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SARATOGA AND UNION (2011-2015)
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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 Classification 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 classification 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. Fiscal Year Employee Evaluations
The CITY administers an employee evaluation process each fiscal year. The process includes
a voluntary 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
Initiative Communication Skills
Flexibility Supervision – if applicable
The employee receives a composite score based upon individual ratings received under each
category. An employee who has received a cumulative rating of three (3) points or greater
during the fiscal year employee performance evaluation will be eligible to receive a pay
increase of five percent (5%) (1 step) above their existing pay until the employee reaches step
5.
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
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MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SARATOGA AND UNION (2011-2015)
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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 12-month 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) 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. 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 30 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 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,
with all employees being 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
expectations” 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. In the event that all
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conditions listed above are equal, the layoff shall be determined by a flip of a coin in the
presence of the affected workers.
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 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 after two refusals of reemployment. 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 (the remainder of the month of separation and one more month) to an employee
who has been laid off if the employee was receiving benefits before the layoff. 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 UNION members is as follows:
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MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SARATOGA AND UNION (2011-2015)
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Sunday Monday Tuesday Wednesday Thursday Friday Saturday
off
9
9
9
9
4
(end)
off 4
(start)
off
9
9
9
9
off
(end)
off off
(start)
off
9
9
9
9
4
(end)
off 4
(start)
off
9
9
9
9
off
(end)
off off
(start)
Written Authorization signed by the City Manager is required for a work schedule arrangement
different from the standard 9/80 schedule. The written authorization must be filed with the Human
Resource and Payroll Divisions.
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 (administrative leave,
earned paid time off, or earned compensatory time), if applicable. Employees that utilize unpaid
leave due to an insufficient leave balance shall maintain regular benefit status. Employees may
not utilize unpaid leave prior to exhausting their available balances, except with prior written
authorization signed by the City Manager.
VII. 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 and/or
4/10 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 and 4/10 work schedule;
2) Overtime compensation shall be computed at one-and-a-half times the employee’s regular
rate of pay for hours worked in excess of the standard work hours in one day or for time
worked over 40 hours in one workweek;
3) CITY agrees to include paid holiday hours as time worked for purposes of calculating
eligibility for overtime pay for all regular non-exempt positions in the CITY service;
4) All employee overtime must be preapproved in advance of the employee working overtime
and in writing by the Department Head. The employee’s written authorization to work
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overtime is required to be turned in with the employee’s time sheet for each pay period.
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 head.
Calculation Rate - CTO be calculated at the appropriate overtime rate.
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.
Fiscal Year Cash-Out - All Comp Time Off earned and not used as of June 15 of each fiscal year
is automatically cashed out to the employee in the pay period before the fiscal year ends. No
accrued and unused Comp Time Off can be carried over to the next fiscal year.
VIII. STANDBY PAY
Non-exempt employees and Maintenance Supervisors may be assigned to standby duty as
determined and as assigned in advance by the City Manager or Department Head. 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 answer telephone calls. Employees are compensated $37.50 for each weeknight,
defined as from the end of the employee’s work day's shift to the beginning of the next day's shift,
and $75.00 per day for each weekend, defined as the end of the employee’s workday on Thursday
of an off-Friday week or Friday of an on-Friday week to the beginning of the next workday (off-
Friday, Saturday, Sunday), or holiday assigned to standby status, unless an employee’s regularly
scheduled work day includes an off-Friday, Saturday, or Sunday. If an employee’s regularly
scheduled work day includes an off-Friday, Saturday, or Sunday, such an employee receives only
the $37.50 for standby after working the employee’s regularly scheduled shift.
IX. CALL OUT PAY
Non-exempt employees who are called out to perform work of an emergency nature
after the employee’s regularly scheduled workday are compensated for a minimum of
three (3) hours for each occurrence at one and one-half (1.5) times the employee's
regular hourly rate of pay. Employees will be compensated from the time they leave
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their residence until their direct return home after being released from the assignment.
A second call out while responding to the first does not restart the clock. For example,
if an employee is responding to a call out that begins at 2 p.m. and receives a second
call at 2:15 p.m., and both calls are addressed and the employee is home by 3 p.m., both
calls are within the three (3)-hour minimum.
X. 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 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. EMPLOYEE BENEFITS
A. Health and Dental Premium Contributions and In-Lieu Payments
Effective January 1, 2012, the City will provide a monthly health insurance contribution for
each employee as follows:
1. If an employee selects employee only coverage, employee plus one coverage, or
employee plus 2 or more coverage, the City will pay 100% of the lowest-cost HMO
plan’s monthly premium rate, at the tier of coverage selected by the employee.
2. If an employee selects coverage other than the lowest-cost HMO plan, the City will pay
the lowest-cost HMO plan’s monthly premium rate and the employee will pay the
amount above the City’s contribution through automatic payroll deductions on a pre-tax
basis.
Effective January 1, 2012, an employee who completes and submits required documents (1) to
prove that the employee has other health insurance and/or dental coverage and (2) to waive
City-provided health insurance and/or dental coverage will receive a payment per month of
$350.00 for medical cash in-lieu and $25.00 per month for dental cash in-lieu as additional
taxable wages.
The employee must complete and submit any required documents and provide proof of other
health and/or dental insurance coverage during open enrollment (in or around October) to be
eligible for the health and/or dental cash-in-lieu payment beginning the following January.
The monthly health and/or dental cash in-lieu payments 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.
Health Insurance for New Hires
Effective July 1, 2011, for any employee hired on or after July 1, 2011, the City will provide a
monthly health insurance contribution as follows: $600.00 for employee-only coverage,
$1200.00 for employee plus one dependent coverage, and $1500.00 for employee plus two or
more (family) coverage. If an employee selects a health insurance plan with a monthly
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premium above the City contribution, the employee will pay the amount above the City
contribution as a pre-tax payroll deduction.
B. Dental Insurance Plan
The City contributes 100% of the dental premium for regular, full-time employees.
C. 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-tax
basis.
D. Short Term Disability Insurance - The CITY will pay 75% of a regular employee’s full
salary for six months and maintain existing insurance benefits, subject to eligibility
requirements, for an employee on a disability leave, for three 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. The 75% of salary payment will be reduced for
income received through social security and/or workers’ compensation.
E. Long Term Disability Insurance - The CITY provides a long term disability plan
administered by a third party to provide an employee with income protection. Following
the six (6) months of short-term disability, the group insurance policy will cover 66% of the
employee’s salary up to a maximum of $2,000 per month. Benefits will be reduced for
income received through social security and/or workers’ compensation. Payments made to
the disabled employee through this group policy are not reported to PERS as salary earned.
Employees 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.
F. 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: Street Maintenance Supervisor
and Park Maintenance 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.
G. 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
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work related issues.
H. 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.
I. 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.
J. Long Term Care - Employees may purchase long term care insurance through a group
benefits program administered by PERS.
K. Legislated Benefits - The following benefits are mandated by law and apply to all CITY
employees:
1. 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.
2. Unemployment Insurance Compensation - The State Unemployment Insurance
program, which is paid by the CITY, provides an income to employees who become
unemployed through no fault of their own.
3. 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.
4. 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.
XII. 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 (1) one hour or more in a workday. For example, when
the employee leaves work (1) one hour early prior to the start of a vacation period.
A. Eligibility - All regular employees are eligible to take and/or accrue 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
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subsequent rehire by the CITY or a break in service that has been bridged.
B. 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
FY 2011-12 PTO Cash-Out Option: For each employee with over 400 hours of accrued PTO
as of November 30, 2011, the City will offer a one-time cash-out of accrued PTO down to 400
hours. Eligible employees will receive the cash value payment as soon as feasible.
FY PTO Cash-Out Option Effective Fiscal Year 2012-2013 through Fiscal Year 2014-2015: A
PTO Cash-Out Option will not be made other than at the time of termination, except for the
optional PTO cash-out plan described as follows:
If an employee has used the required minimum of 80 accrued hours of PTO in the prior fiscal
year, the employee is eligible to cash out up to a maximum of 200 accrued hours of PTO per
fiscal year on approximately September 1 and/or March 1. An employee must maintain a
minimum balance of 200 hours of accrued PTO after the cash out.
PTO Accruals: Effective December 1, 2011, the PTO accrual cap of 600 hours in the
Personnel Rules will be enforced. Under no circumstances can an employee accrue more than
the accrual PTO cap at any point in time. Once an employee reaches the accrual cap, no
additional PTO will accrue until the employee uses his or her accrued PTO and reduces the
balance to less than the accrual cap. Thereafter, PTO benefits will continue to accrue on a
prospective basis only until the employee reaches the cap. No retroactive credit will be given
for the time when accrued PTO was at the cap.
PTO Timecard Reporting: PTO must be taken by exempt employees in increments of one hour
or more in a workday. For example, when the employee leaves work one hour early to take
care of personal business.
PTO Upon Termination
Upon retirement from CITY service, an employee may choose to use all of his/her accrued
paid time off as sick leave for service credit if allowed to do so by PERS. If an employee uses
less than 100% of his/her paid time off toward PERS service credit, the CITY will pay the
balance of the employee’s accrued paid time off at the employee’s regular rate of pay.
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Upon separation from CITY service other than retirement, 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 a notice
of resignation is given and the employee’s last day of work unless authorized by the supervisor
and Department Director.
C. 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
Paid Time Off (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. Such leave shall be taken in a manner consistent with the
use of PTO. 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
exhausted prior to using PTO.
Administrative Leave Timecard Reporting: Administrative Leave must be taken by exempt
employees only in increments of 1 (one) hour or more in a workday. For example, when the
employee leaves work 1 (one) hour early to take care of personal business.
D. 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
Calendars for four fiscal years are attached. Except as modified by holiday calendars, this
paragraph determines the scheduling of holidays. 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 except an employee on Disability
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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 accrued PTO on the day before the holiday and the day
after the holiday, payment for the holiday shall be at full pay. If the employee is receiving
Short Term Disability payments on the day before the holiday and/or the day after the holiday,
payment for the holiday shall be at 75% of the employee’s regular rate of pay.
E. 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.
F. Military Leave - An employee in a reserve component of the armed forces of the United
States is entitled to military leave according to applicable law. 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.
G. 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 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 to the
extent allowed by applicable law. 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 3 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.
H. 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
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of the employee, although the employee shall have the option to continue benefits at his/her
own cost.
XIII. 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 the CITY’s contribution as a contracting employer.
Effective November 14, 2011, (1) the City will reduce the position salary range table for all
UNION regular classifications for FY2011-12 by 5%; (2) the City will increase the position salary
range table for all UNION regular classifications for FY2011-12 by 7%; (3) as a result of the
changes described in (1) and (2), each regular UNION employee will receive approximately 1.6%
increase in wage rate; (4) each regular UNION employee will contribute 7% of the employee’s
compensation on a pre-tax basis towards the CalPERS 2%@55 retirement plan permanently.
New Hire CalPERS Retirement Plan: Any employee hired on or after July 1, 2011, (and effective
as soon as the City can complete the legally-required process for this item) will receive the
following 2nd tier retirement option:
a. A retirement plan of 2% at 60 with a retirement benefit based on a calculation using
a three year average compensation.
b. Each employee will pay on a pre-tax basis 100% of the employee's contribution as
determined by PERS toward the CalPERS 2%@60 retirement plan.
The CITY through its contract with PERS provides for retirement benefits including: (1) for
employees hired before July 1, 2011, 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, or (2) for employees hired on or
after July 1, 2011, 2% at 60, three year average compensation.
In addition, employees may be eligible to purchase additional years of service credit under specific
circumstances listed under the CITY’s PERS contract.
XIV. UNIFORM AND CLOTHING ALLOWANCES
Each regular full-time employee shall receive an allowance of $400 per fiscal year for the
purchase of pants, safety boots, and laundering of uniform shirts. Three shirts per employee per
year are purchased directly by the City in the colors designated by the City. This $400 allowance
shall be paid on the second pay date in July. The allowance shall be prorated from the date of hire
for a newly hired employee. The allowance is reported to PERS as salary earned.
XV. TUITION REIMBURSEMENT
All regular employees of the CITY who have been employed continually for at least one year prior
to the commencement of an approved course are eligible for the CITY’s tuition reimbursement
program, dependent on the City’s availability of training funding at the time.
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%)
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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.
XVI. ARBITRATION AND GRIEVANCE PROCEDURE
If the UNION believes that the CITY has violated this Agreement, such matters arising during the
term of this MOU (“grievances”) will be resolved through this Grievance Procedure, which is the
sole and exclusive method of doing so. The parties agree by this provision that matters regarding
discipline remain within the sole discretion of the City as set forth in its Discipline Policy and that
only the issue of whether the City has followed its Discipline Policy is subject to arbitration and
the grievance procedure.
A. 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 or waived, excepting any complaint relative to wages shall not be deemed
invalid or waived 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.
B. Step (2) - The CITY shall answer the grievance in writing within ten (10) working days
after the written grievance is filed. The CITY 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 Human Resources representative answers the grievance in
writing. If the CITY does not timely file an answer, UNION may advance the grievance to
Step 3 within five (5) calendar days by giving written notice to the City Manager and the
HR Manager, 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 Manager no later than five (5) working days after this MOU 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.
C. 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
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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 mutual written agreement.
Each party will provide the other with a current address of that party’s representatives
identified above.
D. Arbitration
1. 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.
2. 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 (SMCS) for a panel of seven arbitrators. The party
applying for the list will request that the list be sent by the SMCS to both parties.
3. 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.
4. 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.
5. The fees and expenses of the arbitrator and the court reporter will be paid one-half by
each party. Each party’s own expenses will be paid by that party.
XVII. 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.
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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.
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.
An employee 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 an Employee Assistance Program (EAP) to assist those employees who
voluntarily seek help for alcohol or drug problems. The CITY will provide separate written notice
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of the availability of this program to all employees. Employees should contact their supervisors or
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 - 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;
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Unsteady walking and movement;
An accident involving CITY property, where it appears the employee’s conduct is at
fault;
Physical altercation;
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 possessions 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
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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.
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, modified as follows:
1. In the event a regular, for-cause employee requests an evidentiary appeal to the City
Manager from a final notice of discipline (Section 6 of the Discipline Policy) for
violating the City’s Drug and Alcohol Abuse Policy, the evidentiary appeal will be
conducted by a neutral, third party arbitrator who, after conducting the evidentiary
hearing and hearing all of the evidence (pursuant to the provisions of Section 6 of the
Discipline Policy), will make a nonbinding recommendation to the City Manager with
respect to discipline. The nonbinding recommendation will include: (a) the arbitrator’s
nonbinding recommendation regarding discipline; and (b) the arbitrator’s nonbinding-
recommended-written findings of fact in support of his or her recommendation for
discipline. The nonbinding-recommended-written findings of fact will include the
factual basis for the recommendation for discipline, including the testimony of the
witnesses relied upon, the basis of any credibility determinations of these and other
witnesses, the documents and other evidence relied upon, and nonbinding assessments
on how the testimony, documents, and other evidence support the nonbinding
recommendation of the arbitrator.
2. The City and the Union will agree on the neutral, third party arbitrator who will conduct
the evidentiary hearing and make the above nonbinding recommendations, prior to the
onset of the evidentiary hearing. In the event an agreement on a third party arbitrator
cannot be reached, then either party shall promptly obtain from the California State
Conciliation Services a list of seven impartial arbitrators from which the City and the
Union shall select the neutral, third party arbitrator by alternatively striking names from
the list. The first party to strike from the list shall be determined by coin toss.
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3. The neutral, third party arbitrator will submit his or her nonbinding recommendation for
discipline and nonbinding-recommended-written findings of fact to the City Manager
with a copy to the employee and the Union within 30 days after the evidentiary hearing
has been completed and written briefs, if any, have been submitted. The City Manager
will have 30 days thereafter in which to review the nonbinding recommendations and
findings, to request clarification or additional testimony or evidence (at the City
Manager’s discretion) on any issue, and to render a final statement of written findings
and decision. The City Manager’s decision is final.
4. Proof of service of the City Manager’s final statement of written findings and decision
and the statute of limitations on that final decision is in accordance with Subdivisions 6
and 7 of Section 6 of the Discipline Policy.
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 Manager. 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 employer 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.
XVIII. 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 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 MOU;
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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;
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;
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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 - 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.
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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.
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:
1. The level of discipline intended to be imposed;
2. The specific charges upon which the intended discipline is based;
3. A summary of the misconduct upon which the charges are based;
4. A copy of all written materials, reports, or documents upon which the intended
discipline is based;
5. 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;
6. Notice of the employee’s right to have a representative at the informal conference,
should he or she choose to respond orally; and
7. 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
1. 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.
2. 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
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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 - 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:
1. The level of discipline, if any, to be imposed and the effective date of the discipline;
2. The specific charges upon which the discipline is based;
3. A summary of the misconduct upon which the charges are based;
4. A copy of all written materials, reports, or documents upon which the discipline is
based; and
5. 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 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
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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.
Continuances - The City Manager may continue a scheduled hearing only upon good cause
shown.
Record of the Proceedings - All disciplinary hearings may, at the discretion of the parties, be
either recorded by a court reporter or tape recorded.
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.
Conduct of the Hearing
1. 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.
2. 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.
3. 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.
4. All privileges recognized in civil proceedings apply.
5. Irrelevant and unduly repetitious evidence may be excluded.
6. The City Manager shall determine relevancy, weight and credibility of testimony and
evidence.
7. During the examination of a witness, all other witnesses, except the parties, shall be
excluded from the hearing upon the request of either party.
8. 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?”
Burden of Proof at the Hearing - The CITY has the burden of proof by a preponderance of the
evidence.
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Right to Due Process - The employee shall have the following due process rights during the
hearing:
1. The right to be represented by legal counsel or another chosen representative, at his or
her own expense;
2. The right to call and examine witnesses on his or her behalf;
3. The right to introduce evidence;
4. The right to cross-examine opposing witnesses on any matter relevant to the issues;
5. The right to impeach any witness regardless of which party first called him or her to
testify; and
6. The right to rebut evidence against him or her.
Hearing to be Closed to the Public - The hearing will be closed to the public unless the
employee requests that it be open.
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:
1. The CITY shall be permitted to make an opening statement.
2. The employee shall be permitted to make an opening statement.
3. The CITY shall produce its evidence.
4. The employee shall produce his or her evidence.
5. The CITY, followed by the employee, may offer rebuttal evidence.
6. 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.
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.
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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.
XIX. 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.
XX. RATIFICATION
This MOU is subject to ratification by a majority vote of the members of the UNION. City
Council adoption of Resolution No. 11-075 and ratification by the UNION will put the terms of
this MOU into effect. (Union ratified November 15, 2011, and City Council ratified November
16, 2011).
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 Fred Wright
Date: Date:
Richard Amaro
Date:
Randy Bean
Date:
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MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SARATOGA AND UNION (2011-2015)
32 Final Version Ratified by the Union membership on December 22, 2011
92
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SARATOGA AND UNION (2011-2015)
33 Final Version Ratified by the Union membership on December 22, 2011
93
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SARATOGA AND UNION (2011-2015)
34 Final Version Ratified by the Union membership on December 22, 2011
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MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SARATOGA AND UNION (2011-2015)
35 Final Version Ratified by the Union membership on December 22, 2011
95
96
97
FY 2011‐12 Increased 7%
UNION Salary Range Schedule Factor 1.07
MID-MGMT CLASSIFICATION 67
Public Works Manager - Parks 3,435.20 3,607.20 3,787.20 3,976.80 4,176.00 4,384.80 4,604.00
Public Works Manager - Streets 89,315.20 93,787.20 98,467.20 103,396.80 108,576.00 114,004.80 119,704.00
42.94 45.09 47.34 49.71 52.20 54.81 57.55
1.6% 1.6% 1.6% 1.6% 1.6%1.6% 1.6%
STAFF CLASSIFICATION 67
Park Maintenance Worker I 1,842.40 1,934.40 2,031.20 2,132.80 2,239.20 2,351.20 2,468.80
Street Maintenance Worker I 47,902.40 50,294.40 52,811.20 55,452.80 58,219.20 61,131.20 64,188.80
23.03 24.18 25.39 26.66 27.99 29.39 30.86
1.7% 1.7% 1.7% 1.7% 1.6%1.6% 1.6%
Park Maintenance Worker II 2,029.60 2,131.20 2,237.60 2,349.60 2,467.20 2,590.40 2,720.00
Street Maintenance Worker II 52,769.60 55,411.20 58,177.60 61,089.60 64,147.20 67,350.40 70,720.00
25.37 26.64 27.97 29.37 30.84 32.38 34.00
1.6% 1.6% 1.6% 1.6% 1.6%1.6% 1.6%
Park Maintenance Worker III 2,302.40 2,417.60 2,538.40 2,665.60 2,799.20 2,939.20 3,086.40
Street Maintenance Worker III 59,862.40 62,857.60 65,998.40 69,305.60 72,779.20 76,419.20 80,246.40
28.78 30.22 31.73 33.32 34.99 36.74 38.58
1.6% 1.6% 1.6% 1.6% 1.6%1.6% 1.6%
Park Maintenance Lead worker 2,548.00 2,675.20 2,808.80 2,949.60 3,096.80 3,252.00 3,414.40
Street Maintenance Lead worker 66,248.00 69,555.20 73,028.80 76,689.60 80,516.80 84,552.00 88,774.40
31.85 33.44 35.11 36.87 38.71 40.65 42.68
1.6% 1.6% 1.6% 1.6% 1.6%1.6% 1.6%
Park Maintenance Specialist 2,383.20 2,502.40 2,627.20 2,758.40 2,896.00 3,040.80 3,192.80
Street Maintenance Specialist 61,963.20 65,062.40 68,307.20 71,718.40 75,296.00 79,060.80 83,012.80
29.79 31.28 32.84 34.48 36.20 38.01 39.91
1.6% 1.6% 1.6% 1.6% 1.5%1.6% 1.6%
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RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA ADOPTING
MEMORANDUM OF UNDERSTANDING
FOR THE “UNION”
(Northern California Carpenters Regional Council, Carpenters Forty Six Northern California Counties
Conference Board And Their Affiliated Local Unions)
July 1, 2011 to June 30, 2015
WHEREAS, representatives of the City and the UNION have reached agreement on matters relating to
the employment conditions of said employees, as reflected by the written Tentative Agreement for the
Memorandum of Understanding, which is attached hereto and made a part hereof; and
WHEREAS, the Tentative Agreement for the Memorandum of Understanding was initially ratified by
the UNION membership on November 15, 2011 and presented to and ratified by the City Council on November
16, 2011 (Resolution No. 11-075); and
WHEREAS, the Union requested revisions to the Memorandum of Understanding, the City agreed, and
a subsequent ratification vote by the UNION membership approved the revised Memorandum of Understanding
on December 22, 2011; and
WHEREAS, this Council finds that the terms and conditions contained in said Tentative Agreement for
the Memorandum of Understanding fair and proper and in the best interest of the City; and
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Saratoga the terms and
conditions contained in said Tentative Agreement for the Memorandum of Understanding for the “UNION”
July 1, 2011 to June 30, 2015 attached as Exhibit A to this resolution are hereby ratified and adopted as the
Memorandum of Understanding.
The above and foregoing resolution was passed and adopted by the Saratoga City Council at a special meeting
held on the 18th day of January 2012, by the following vote:
AYES:
NAYES:
ABSTAIN:
ABSENT:
Chuck Page, Mayor
ATTEST:
DATE:
Crystal Morrow,
City Clerk
99
SARATOGA CITY COUNCIL
MEETING DATE: January 18, 2012 AGENDA ITEM:
DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Crystal Morrow DIRECTOR: Dave Anderson
City Clerk
SUBJECT: 2012 Hazardous Vegetation Program Resolution Declaring Abatement of Public
Nuisance
RECOMMENDED ACTION:
Conduct public hearing and adopt resolution.
BACKGROUND:
At the December 21, 2011 City Council Meeting, the Council approved a resolution declaring
hazardous vegetation or debris to be a public nuisance. Adoption of this resolution was the first
step in the annual weed abatement process conducted by the Santa Clara County Department of
Agriculture’s Weed Abatement Program.
The purpose of the Santa Clara County Department of Agriculture Weed Abatement Program is
to prevent fire hazards posed by vegetative growth and the accumulation of combustible
materials. The County Department of Agriculture provides weed abatement services to a number
of cities in the County, including Saratoga.
Parcels throughout the City that represent a potential hazard due to weeds or combustible debris
have been added to the attached 2012 Weed Abatement Commencement Report maintained by
the County. Following the December 21, 2011 Council Meeting, the County Department of
Agriculture sent notices to owners of properties on the Commencement Report indicating that
their property has been identified as a potential fire hazard and public nuisances on their property
must be abated by removal of any hazardous vegetation or combustible debris. Additionally, the
notice informed property owners a public hearing would be held by the Saratoga City Council on
January 18, 2012 to provide property owners with the opportunity to voice objections to the
Commencement Report and be given due consideration.
To continue the weed abatement process, the Council should adopt the attached resolution. If
approved, the County will be authorized to perform an inspection of properties on the
Commencement Report to determine if properties meet Weed Abatement Program requirements.
Property owners will have until April 15, 2012 to abate their property.
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Page 2 of 2
Property owners that do not comply with minimum fire safety standards by April 15, 2012 will
be charged a $250 inspection fee and the property will be scheduled for abatement by the County
contractor. If abatement work is completed by a County contractor, the property owner will be
assessed the contractor’s fees to perform the work plus a County administrative fee of $169 per
parcel.
FISCAL IMPACTS:
There are no fiscal impacts to the City of Saratoga as a result of the Weed Abatement Program.
The Santa Clara County Department of Agriculture expenses are recovered through the Weed
Abatement Program administrative fees charged to property owners.
CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS:
The Weed Abatement Program in the City of Saratoga would not proceed.
ALTERNATIVE ACTION(S):
N/A
FOLLOW UP ACTION(S):
Prior to abatement, property owners on the Abatement List will receive three notices informing
them that the hazardous vegetation on their property must be abated by the owner or by the
County. The notices inform the property owner that the County abatement will commence if
work is not performed by the property owner. Additionally, the first two notices inform the
property owner that objections to properties on the Abatement List can be made at the public
hearing scheduled for January 18, 2012.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda
item and was included in the packet made available on the City’s web site in advance of the
meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each
Monday in advance of the Council meeting. The public hearing was also noticed in the Saratoga
News.
ATTACHMENTS:
Attachment A: Resolution Declaring Abatement of a Public Nuisance as to Specified
Properties Containing Hazardous Vegetation
Attachment B: 2012 Weed Abatement Program Commencement Report
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RESOLUTION 12-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
DECLARING ABATEMENT OF A PUBLIC NUISANCE AS TO
SPECIFIED PROPERTIES CONTAINING HAZARDOUS VEGETATION
WHEREAS, the Saratoga City Council declared hazardous vegetation to be a public nuisance through
adoption of Resolution No. 11-081 at the December 21, 2011 City Council Meeting; and
WHEREAS, the Office of the County Agricultural Commissioner subsequently gave notice to all
property owners of specific properties identified as containing hazardous vegetation (weeds) described by
common name or by reference to the tract, block, lot, code area and parcel number on the report prepared by
and on file in the Office of the City Clerk and of the County Agricultural Commissioner; and
WHEREAS, the notice sent to owners of properties specified in Exhibit A, attached to this resolution,
that the City Council would hold a public hearing on January 18, 2012 to consider any protests or objections to
the declaration of a nuisance on pre-specified properties so as to require the owners of these properties to
remove the hazardous vegetation or be subject to a subsequent order for abatement authorizing the County
Agricultural Commissioner to perform the abatement; and
WHEREAS, a public hearing on said notice was held on January 18, 2012; and
WHEREAS, final action on any protests or objections to the proposed removal of weeds has been made
by the City Council;
NOW, THEREFORE BE IT RESOLVED, that the hazardous vegetation (weeds) on specified properties
listed on Exhibit A (attached) is declared to be public nuisance and the County Agricultural Commissioner is
hereby designated as the person to cause notice to be given in the manner and form provided in Saratoga City
Code Section 7-15.060, and as the person to thereafter cause abatement of the seasonal and recurring hazardous
vegetation (weed) nuisance as determined by resolution dated December 21, 2011, and as to specified properties
as determined by this resolution.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the notice specified in the preceding paragraph
shall require that owners of the properties identified in Exhibit A abate the hazardous vegetative nuisance or
demonstrate at a public hearing before the City Council on March 21, 2012 why the City Council should not
order the County to abate such hazardous vegetation nuisance thereafter at the property owner’s expense.
Attachments:
Exhibit A – 2012 Weed Abatement Program Commencement Report
The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council
held on the 18th day of January 2012 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
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______________________________
Chuck Page, Mayor
ATTEST:
DATE:
Crystal Morrow, City Clerk
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SARATOGA CITY COUNCIL
MEETING DATE: January 18, 2011 AGENDA ITEM:
DEPARTMENT: Community Development CITY MANAGER: Dave Anderson
PREPARED BY: Michael Fossati DIRECTOR: James Lindsay
SUBJECT: Appeal of New Wireless Antenna and Associated Equipment Installation –
Highway 9, North of Farwell
RECOMMENDED ACTION:
Deny the appeal, thus affirming the Planning Commission Design Review approval of the
installation of three wireless telecommunication antennas and associated equipment shed.
REPORT SUMMARY:
NSA Wireless (on behalf of Verizon Wireless) submitted an application requesting Design
Review approval for the installation of three wireless telecommunication antennas on an existing
44 foot high wooden utility pole and the construction of an equipment enclosure both to be
located on the north side of Saratoga-Los Gatos Road (Highway 9) approximately 450 feet
northwest of Farwell Avenue (Attachment 2). The Planning Commission approved the Design
Review application at its meeting of November 9, 2011.
The City received an application appealing the decision of Planning Commission on November
28th, 2011 (Attachment 6). The appellant has raised health and safety concerns over the radiation
from radio frequency emissions from the new antennas given the installation would be 50 feet
from their house and 19 feet from their backyard. Under the Telecommunications Act of 1996,
the Federal Communications Commission (FCC) has jurisdiction over radio frequency emissions
from personal wireless antenna facilities. Pursuant to its authority under Federal law, the FCC
has established rules to regulate the safety of emissions from these facilities. Any interference to
the established rules regulating safety of emissions would be against Federal law and in violation
of the applicant’s FCC License
The project, as conditioned will not be detrimental or injurious to property, improvements, public
health, safety and general welfare in that Federal law preserves the City’s authority to regulate
the placement, construction, and modification of personal wireless service facilities, so long as
such regulations do not impose a blanket prohibition on the construction of such facilities or
intrude into the regulation of radio frequency emissions. Thus, the City has the power to conduct
a limited review of wireless communication facilities for compliance with zoning and land use
requirements only.
A condition has been added to the resolution that the applicant must meet all requirements
established by the FCC. Although not required, the applicant provided a Radio Frequency (RF)
Analysis which concludes that the proposed telecommunications facility would comply with the
FCC’s current prevailing standard (Attachment 8).
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FISCAL IMPACTS:
None.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
The application of adding three wireless antennas and associated equipment to an existing utility
pole would be denied.
ALTERNATIVE ACTION:
The City Council could take one, or a combination of the following actions:
• Approve the appeal, thus reversing the Planning Commission Design Review approval
granted on November 9, 2011.
• Direct the applicant to make additional changes and continue the City Council public
hearing to a new date.
• Direct the applicant to make additional changes and refer the application back to
Planning Commission for review.
Relevant to the alternative actions is the applicant’s claim that the City was required to make a
final decision on the application no later than December 24, 2011. The applicant agreed to an
extension of this time period through January 31, 2012. The applicant’s reasoning is presented
in the letter included as Attachment 9 to the Staff Report.
FOLLOW UP ACTION:
N/A
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda
item and was included in the packet made available on the City’s website in advance of the
meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library
each Monday in advance of the Council meeting.
ATTACHMENTS:
1. City Council Resolution of Approval – PDR10-0018
2. Planning Commission Staff Report
3. Plan – Verizon Wireless Facility – Highway 9, North of Farwell
4. Color Board
5. Photo Simulation
6. Appeal Application
7. Noise Study
8. RF Analysis
9. December 7, 2011 Letter from Mackenzie & Albritton LLP
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RESOLUTION NO. ____
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SARATOGA DENYING AN APPEAL; THEREBY AFFIRMING THE
PLANNING COMMISSION’S APPROVAL OF
DESIGN REVIEW APPLICATION PDR 10-0018
NSA Wireless / Verizon Wireless; Highway 9, North of Farwell
Approval of the installation of three wireless antennas and associated equipment for
Verizon Wireless
WHEREAS, on November 9, 2011, following a duly noticed public hearing at
which time all interested parties were given a full opportunity to be heard and present
evidence, the City of Saratoga Planning Commission approved a Design Review
application (PDR10-0018) for the installation of three wireless telecommunication antennas
and the construction of an equipment structure to be placed on a land area owned by
Caltrans on Saratoga-Los Gatos Road, North of Farwell Avenue. The foregoing work is
described as the “Project” in this Resolution; and
WHEREAS, on November 28, 2011 an appeal of the Planning Commission
decision was filed by the appellants Chang-Yung Tung; and
WHEREAS, on January 18, 2012, the City Council held a duly noticed public
hearing to consider the appeal at which time all interested parties were given a full
opportunity to be heard and to present evidence; and
WHEREAS, the City Council of the City of Saratoga has considered the appeal
and all testimony and other evidence submitted in connection therewith;
Now, therefore be it resolved that the City Council of the City of Saratoga hereby:
I. Deny the appeal and affirm the Planning Commission’s approval of the Design
Review application; and
II. Determines that the proposed project is categorically exempt from the California
Environmental Quality Act (CEQA) pursuant to Section 15303 New Construction or
Conversion of Small Structures. This exemption allows for construction and location of
limited numbers of new, small facilities or structures and installation of small new
equipment and facilities in small structures.
III. Determines that the applicant has met the burden of proof required to support said
application for Design Review Approval, as consistent with the below findings specified
in City Code Section Article 15-46.040:
Attachment 1
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Design Review Findings
The proposed project is consistent with all of the following Design Review findings
stated in City Code Section 15-46.040:
(a) Where more than one building or structure will be constructed, the
architectural features and landscaping thereof shall be harmonious. Such
features include height, elevations, roofs, material, color, and appurtenances.
The proposed antennas and accessory cabling will be painted a similar color to the
existing equipment already located on the pole. The proposed unenclosed
accessory structure will be surrounded by drought tolerant shrubs and painted
forest green in order to integrate with the surrounding foliage. This finding can
be made in the affirmative.
(b) Where more than one sign will be erected or displayed on the site, the sign shall
have a common or compatible design theme and locational positions and shall
be harmonious in appearance. This project proposes one weather and corrosion
resistant sign in order to comply with General Order 95 of the State of California
which establishes the rules of overhead electric line construction. A compatible
theme will be met in that the associated equipment will be the same color as the
existing equipment on the existing wooden pole. The finding can be made in the
affirmative.
(c) Landscaping shall integrate and accommodate existing trees and vegetation to
be preserved; it shall make use of water-conserving plants, materials and
irrigation systems to the maximum extent feasible; and, to the maximum extent
feasible, it shall be clustered in natural appearing groups, as opposed to being
placed in rows or regularly spaced. The project landscaping will be clustered to
appear natural. Existing redwoods, oaks, and cedar trees are located around the
pole. Those trees will be undisturbed and protected by appropriate means, as
required by the City Arborist. The antennas will be placed approximately 30 feet
in the air and placed in a manner to blend in with the existing utility pole. This
finding can be made in the affirmative.
(d) Colors of wall and roofing materials shall blend with the natural landscape and
be nonreflective. This project proposes walls constructed of pressure treated pine
wood slats and cement masonry walls topped decorative lattice. The colors of the
slats, walls, and lattice will be forest green, in order to match the existing mature
vegetation in the rear of the proposed structure and the proposed toyon shrubs
which will be planted on the sides. The colors are be earthtone and non-
reflective. This finding can be made in the affirmative.
(e) Roofing materials shall be wood shingles, wood shakes, tile, or other materials
such as composition as approved by the Planning Commission. No mechanical
equipment shall be located upon a roof unless it is appropriately screened. This
project does not propose a roof or roof structure. All associated equipment will
be placed on the existing pole and be painted in a color similar to match the
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existing equipment already on the pole. This finding is non-applicable to the
proposed project.
(f) The proposed development shall be compatible in terms of height, bulk, and
design with other structures in the immediate area. This project meets this
finding in that the antenna installation and unenclosed accessory structure would
be compatible with existing utility poles and residential fences in the nearby area.
The proposed antennas would be attached to a utility pole which is very similar in
height to existing utility poles in the area. The unenclosed accessory structure is
similar to structures that house electrical equipment within CalTrans right of way.
The applicant has proposed a structure that not only meets the requirements of
Verizon Wireless, but will support the rural character of the City in its design and
character. This finding can be made in the affirmative.
IV. After careful consideration of the site plan, architectural drawings, and other exhibits
submitted in connection with this matter, the exemption from CEQA is approved and
required findings being made that the application number of PDR10-0012 for a Planning
Commission Design Review Approval for a wireless facility is hereby granted subject to the
following conditions:
CONDITIONS OF APPROVAL
A. GENERAL
1. The Planning Commission shall retain continuing jurisdiction over the Design
Review and may, at any time, modify, delete, or impose any new conditions of the
permit to preserve the public health, safety, and welfare.
2. Conditions may be modified only by the Planning Commission unless modification is
expressly otherwise allowed by the city code including but not limited to section 16-
05.035, as applicable.
3. The Community Development Director shall mail to the Owner/Applicant a notice in
writing, on or after the time this Resolution of Approval is duly executed by the City,
containing a statement of all amounts due to the City in connection with this
application, including all consultant fees (collectively “processing fees”). This
approval or permit shall expire sixty (60) days after the date said notice is mailed
if all processing fees contained in the notice have not been paid in full. No Zoning
Clearance or Demolition, Grading, or Building Permit may be issued until the
Community Development Director certifies that all processing fees have been paid in
full (and, for deposit accounts, a surplus balance of $500 is maintained).
4. A Building Permit must be issued and construction commenced within 36 months
from the date of adoption of this Resolution and the Design Review will expire unless
extended in accordance with the City Code.
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5. The facility shall at all times operate in compliance with all applicable regulations of
the State, County, City and/or other governmental agencies having jurisdictional
authority over the facility pertaining to, but not limited to, health, sanitation, safety,
and water quality issues. The Project shall maintain compliance with all applicable
requirements of the State, County, City and other governmental entities having
jurisdiction.
6. Prior to issuance of any demolition, grading, or building permit to implement this
Design Review approval the Applicant shall obtain a “Zoning Clearance” from the
Community Development Director by submitting final plans for the requested permit
to the Community Development Department for review to ascertain compliance with
the requirements of this Resolution.
7. Agreement to Indemnify, Hold Harmless and Defend City as to Action
Challenging Approval of Application and as to Damage from Performance of
Work Authorized by Design Review Approval. As a condition of this Approval,
Owner and Applicant hereby agree to defend, indemnify and hold the City and its
officers, officials, boards, commissions, employees, agents and volunteers harmless
from and against:
a. any and all claims, actions or proceedings to attack, set aside, void or annul
any action on the subject application, or any of the proceedings, acts or
determinations taken, done or made prior to said action; and
b. any and all claims, demands, actions, expenses or liabilities arising from or in
any manner relating to the performance of such construction, installation,
alteration or grading work by the Owner and/or Applicant, their successors, or
by any person acting on their behalf.
In addition, prior to any Zoning Clearance from the Community Development
Director, Owner and Applicant shall execute a separate agreement containing the
details of this required Agreement to Indemnify, Hold harmless and Defend, which
shall be subject to prior approval as to form and content by the Community
Development Director.
B. COMMUNITY DEVELOPMENT
8. Compliance with Plans. The facility shall be operated, located and constructed to
include those features, and only those features, as shown on the Approved Plans
denominated Exhibit "A" and Photo Simulations denominated Exhibit “B”, &
Planting Plan denominated Exhibit “C” date stamped November 2nd 2011,
incorporated by this reference. All proposed changes to the Approved Plans must be
submitted in writing with plans showing the changes, including a clouded set of plans
highlighting the changes. Such changes shall be subject to the requisite prior City
approval.
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9. Harmonizing with Existing Structures. Prior to the installation of the proposed
panel antennas and accessory equipment, the antennas and equipment shall be painted
a color similar to the existing utility pole and subject to approval of the Community
Development Director.
10. Safety Fencing During Construction. During all phases of construction, the
Applicant shall install and maintain temporary safety fencing to restrict or prevent
public access to active on-site construction activities, materials, or chemicals.
11. Decommission. If the subject site is decommissioned in the future, all cellular
antennas and related equipment shall be removed within 30 days of cessation of
operation.
12. Governmental entities. All applicable requirements of the State, County, City and
other Governmental entities must be met.
13. Federal Communications Commission (FCC) Verification. The owner and/or
Applicant for this Project shall contact the FCC and verify whether there are any
required permits from said Commission. If required by the FCC, prior to issuance of
Zoning Clearance for any proposed equipment installations (or if none, prior to
commencement of the approved use), the Owner and/or Applicant shall submit to the
Community Development Department documentation from the FCC showing proof
of compliance of the proposed use and/or development with the FCC's requirements.
14. Fire Agency Conditions. The Owner / Applicant shall comply with all Fire Agency
Conditions.
15. Building Department. The Owner / Applicant shall comply with all building
standards including any improvements necessary to comply with the building code.
16. Emergency Access. The Owner / Applicant shall provide a 24-hour phone number to
which interference problems may be reported, and will resolve all interference
complaints within 24 hours from the time the interference was reported.
17. Landscaping / Payment in lieu Agreement. The Owner / Applicant shall be
responsible for the installation and maintenance for up to five years (or payment in
lieu of said installation and maintenance ) of additional streetscape landscaping along
the north side of Highway 9 between Horseshoe Court and Farwell Avenue, to the
satisfaction of the Community Development Director or his designee. The additional
landscaping shall be in a form consistent with the design established by the
Landscaping and Lighting Assessment District LLA-1.
18. Required Landscaping. The Owner / Applicant shall be required to plant and
maintain any and all proposed shrubs, or appropriate landscaping, as discussed at the
November 9th, 2011 Planning Commission Meeting, to the satisfaction of the
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Community Development Director or his designee for up to five years after the
project has received a building final.
V. A Building Permit must be issued and construction commenced within 36 months
from the date of adoption of this Resolution or approval will expire.
VI. All applicable requirements of the State, County, City and other Governmental
entities must be met.
PASSED AND ADOPTED by the City Council of Saratoga, State of California, this 18th
day of January, 2012 by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________________________
Chuck Page, Mayor
ATTEST:
________________________________________________
Crystal Morrow, City Clerk
115
REPORT TO THE
PLANNING COMMISSION
Meeting Date: November 9, 2011
Application Type / No: Design Review / PDR10-0018
Location: Highway 9, North of Farwell
Owner / Applicant: CalTrans / NSA Wireless (Verizon)
Staff Planner: Michael Fossati
APN: Right-of-Way
Department Head: James Lindsay
Highway 9 North of Farwell
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EXECUTIVE SUMMARY
CASE HISTORY
Application filed: 10/06/10
Application complete: 08/26/11
Notice published: 08/30/11
Mailing completed: 08/29/11
Posting completed: 09/08/11
PROJECT DESCRIPTION
The applicant is requesting Design Review approval for the installation of three wireless
telecommunication antennas and the construction of an equipment shelter to be placed on Saratoga-Los
Gatos Road, north of Farwell Avenue. The proposed three antennas would be attached to two eight foot
crossbars and be placed approximately 30 feet above natural grade on the existing 44 foot wooden utility
pole. The proposed equipment shelter would be seven feet tall and approximately 209 sq. ft. in size and
used to screen the mechanical equipment. The equipment structure would be constructed of pressure
treated pine wood, decorative lattice, galvanized steel fence posts and painted forest green. The
structure would be surrounded with 22 Toyon shrubs to establish visual consistency with the
neighboring vegetation. The proposed location is within the R-1-40,000 zoning district.
PERMANENT CONDITIONS
No permanent conditions of approval are required.
STAFF RECOMMENDATION
Approve the Design Review application by adopting the attached Resolution.
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PROJECT DATA
ZONING: R-1-40,000
GENERAL PLAN DESIGNATION: Very Low Density Residential: RVLD
MEASURE G: Not applicable.
PARCEL SIZE: Not applicable
AVERAGE SITE SLOPE: <3%
GRADING REQUIRED: None
ENVIRONMENTAL DETERMINATION
The proposed project, which includes installation and replacement of new cellular equipment, is
categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303
of the Guidelines for Implementation of CEQA. This Class 3 exemption applies to new construction of
limited small new facilities; installation of small, new equipment and facilities in small structures.
PROJECT DISCUSSION
Site Characteristics and Background – September 24th 2011 Meeting
The applicant had requested Design Review Approval to install three new panel antennas along
Highway 9, northwest of Farwell Avenue. The antennas would have been connected to two 8’ cross
arms. Those cross arms would be connected to an existing Pacific Gas & Electric (PG&E) utility pole.
The antennas and cross arms would be installed approximately 30 feet above grade. The height of the
existing pole would remain at approximately 44 feet.
The applicant also requested to construct a 26’ x 14’ (approximately 372 sq. ft.) unenclosed wooden
equipment shelter to house ten equipment cabinets (ranging in heights from two and a half to seven feet
tall), used to support the proposed antennas. The equipment enclosure would have been constructed of
treated pine wood pickets and galvanized steel posts. The pickets and posts would be six feet tall and
topped with one foot of decorative lattice. The posts, pickets, and lattice would be painted forest green.
The location of the proposed equipment structure would have been approximately 22 feet northeast of an
asphalt trail and 16 ½ feet southwest of the neighboring property line. A proposed landscape buffer of
approximately 22 Toyon shrubs would have been planted between the shelter and the asphalt trail.
Existing mature vegetation (which includes eight protected trees) would have provided landscape
buffering between the shelter and adjacent properties.
During the September 24th public hearing, the Planning Commission recommended the applicant
resubmit a structure more suitable for the scenic highway. The Planning Commission requested that the
applicant submit a plan that would remove (to the extent feasible) the equipment shelter from the view
of the public right-of-way. The meeting was continued to October 9th and continued again to November
9th due to the late submission of materials for Staff review.
Resubmittal Application
The applicant has submitted an alternative to the previously submitted application. The request to install
three new panel antennas onto the utility pole has remained unchanged. The only change is in the
construction and placement of the unenclosed equipment shelter. The revision is discussed below.
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The applicant has proposed an 11’ x 19’ shelter (approximately 207 sq. ft. in size, 165 sq. ft. smaller
than the original proposal) that would be placed approximately 24 feet northeast of an asphalt walkway
trail, 30 feet west of the utility pole, and approximately nine feet southwest of the neighboring property
line. The shelter would be constructed of wooden pickets, posts and lattice, all painted forest green,
with the exception of the northeast facing wall. The wall would be constructed out of concrete masonry
to further assist in buffering any potential noise impacts to adjacent neighbors. A proposed “man gate”
would face southwest.
Unlike the previous submittal, the proposed shelter would have the narrowest portion facing Highway 9.
By changing the configuration of the proposed shelter, Staff believes that a larger portion of the
structure can be hidden within the existing vegetation without significantly impacting the protected trees
in the area. The proposed location would meet PG&E’s requirement of maintaining 30 feet between an
accessory structure and a utility pole. The city arborist is in favor of this proposed location as it is
placed outside of the canopy edge of Tree #75 (an Incense Cedar).
Proposed Landscaping
As previously discussed, the previous project included the planting of approximately 22 Toyon shrubs
around the proposed equipment enclosure. A landscape maintenance agreement of one year and three
months was also previously proposed.
The applicant has not proposed any specific changes (in regards to the plantings) to the landscape plan.
If the proposed landscape plan is not sufficient, they have agreed to a condition to provide the City with
a more detailed landscape plan that encourages plantings and shrubs consistent with the existing
landscaping along Horseshoe Court. Furthermore, Verizon agrees to work with the residents along
Horseshoe Drive on a set percentage of additional plantings and shrubs to be installed at an agreed upon
location along Highway 9 (between Horseshoe Drive and Farwell).
Furthermore, the applicant has proposed to provide the City with a landscape maintenance agreement
and annual progress report on the condition of the landscaping for the first five years of growth. At year
five, the applicant proposes to provide the City with a five year post installation analysis on the
condition of the installed landscaping and recommendations for any further course of action. In order to
provide assurance of the proposed condition, the applicant will file a bond with the City insuring that the
landscaping is properly maintained and until all recommendations for growth have been achieved.
Noise-Generating Devices
The previous project included a potential noise source emanating from two Mod Cell 4.0 outdoor
cabinets. The applicant submitted an environmental noise assessment (Attachment 4) to verify the
proposed noise generating by the Mod Cell cabinets would be approximately 68 dBA at a five foot
distance. The sound level of 68 dBA would be equivalent to a commercial area or normal speech at a
three foot distance. Per the report, average noise levels typically range from 59 to 66 dBA during the
day and 44 to 61 dBA during the evening. Staff believed the proposed project would not significantly
increase the noise level of the district due to low noise creation, existing buffer of dense vegetation
currently between the proposed project and residential properties located to the north. Furthermore, the
cabinets would be surrounded with a proposed unenclosed accessory structure and additional
landscaping, which could potentially further dampen the intermittent noise.
Staff believes the resubmittal would not significantly increase the noise level in the district. The
proposed project has proposed one Mod Cell 4.0 outdoor cabinet, unlike the previous application which
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proposed two. The applicant has also proposed a concrete masonry wall to assist in buffering any noise
emanating from the equipment. The applicant has not submitted a revised noise assessment, but Staff
assumes that the removal of one cabinet and construction of a proposed sound wall would decrease the
noise from the proposed structure.
Proposed Exterior Materials and Colors
The previously proposed antennas and associated equipment located on the utility tower would be gray
in color. As previously mentioned, the proposed unenclosed equipment shelter would be painted forest
green to match the existing rural scenery (Attachment 5).
The new proposed antennas and associated equipment located on the utility tower would now be painted
brown in order to match the existing utility pole. The equipment shelter would remain the same color.
FCC Requirements
Under the Telecommunications Act of 1996, the Federal Communications Commission (FCC) has
exclusive jurisdiction over RF emissions from personal wireless antenna facilities. Pursuant to its
authority under Federal law, the FCC has established rules to regulate the safety of emissions from these
facilities. Any interference to the established rules regulating safety of emissions would be against
Federal law and in violation of AT&T’s FCC License. A condition has been added to the attached
resolution that the applicant must meet all requirements established by the FCC. The applicant has
provided a Radio Frequency (RF) Analysis (Attachment 8) which concludes that the proposed
telecommunications facility would comply with the FCC’s current prevailing standard.
Alternative Sites
Verizon Wireless has multiple sites in Saratoga and has determined that the area north of Farwell
Avenue on Highway 9 is an optimal site to install the proposed antennas due to its location and existing
infrastructure. Three alternate sites were considered during the initial feasibility stage (Attachment 6).
Candidate “A” was rejected because it would require a new monopole to meet the coverage objective
instead of using existing infrastructure. Candidate “B” was rejected because the existing utility pole
could not handle additional antennas. Candidate “C” was rejected because it was located to close to an
already existing Verizon Wireless facility and does not fulfill the coverage objective sought out for the
coverage objective.
Members of the community submitted an alternative location at the corner of Three Oaks Way and
Highway 9 (Attachment 11). Staff had sent the alternative location request to the applicant and has not
received any comment on the alternative location to date.
Per the Coverage Map, there appears to be a significant reduction of data and network services along
residential properties near Highway 9. The proposed placement of the antennas would substantially
increase data and network speed for commuters and customers who reside in those properties discussed
above.
Correspondence and Neighbor Review
Staff has received e-mails and letters from seven residents in the community opposing the proposed
project. Their e-mails and letters have been included as Attachment 11. Their concerns vary from
visual impacts, safety impacts, and noise and privacy impacts on the existing scenic highway. The
applicant has proposed the following in order to mitigate the residents’ concerns.
• Visual Impacts – The applicant has proposed to reduce the size of the shelter from 372 sq. ft. to
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207 sq. ft. The applicant has also proposed to place the structure within the existing vegetation
while maintaining sufficient clearance from the existing established trees currently onsite. The
applicant has further submitted a proposed agreement with the City to work on a more detailed
landscape plan, utilizing Toyon shrubs as well as existing shrubs planted along Horseshoe Court
and Highway 9. Verizon would include an additional set percentage of plantings at an
acceptable location along Horseshoe Drive and Farwell. The maintenance agreement would
provide the City with an annual progress report on the condition of the landscaping for the first
five years of growth. At year five, Verizon would agree to provide the City with a five year post
installation analysis on the condition of the installed landscaping and recommendations for any
further course of action. Lastly, a bond insuring that the landscaping is properly maintained will
be held on file with the City until all recommendations for growth have been achieved.
• Safety Impacts – Residents have commented that citizens utilize the existing asphalt path daily.
By allowing the proposed use, this may disrupt the use of the path. The applicant has proposed
to construct the shelter and install the antennas as efficiently and safely as possible. This
includes appropriate construction protective measures such as marking off the construction site,
completing construction during daylight, and wearing proper protective equipment. The
proposed shelter will be approximately 25 to 30 feet away from the path, which should be
sufficient space to allow citizens and residents to use the path, even during construction period.
• Noise & Privacy Impacts – The applicant has proposed an unmanned site. With the exception of
the construction of the shelter and installation of the antennas, there should be limited site visits
of construction staff to maintain the site. The applicant has also proposed less equipment (per
the previous submittal) and a cement masonry wall to further reduce the noise impacts of the
equipment shelter.
STAFF RECOMMENDATION
Staff recommends the Planning Commission approve the submitted application of the proposed wireless
facility (Application PDR10-0018) by adopting the attached Resolution.
ATTACHMENTS
1. Resolution of Approval – PDR10-0018
2. Photo simulations, Exhibit “B”
3. Coverage Map – Highway 9 North of Farwell
4. Noise Assessment – Highway 9 North of Farwell
5. Color and Material Board – Highway 9 North of Farwell
6. Alternate Location Map – Highway 9 North of Farwell
7. Updated Arborist Report – Highway 9 North of Farwell
8. Radio Frequency Analysis – Highway 9 North of Farwell
9. Neighbor Notifications
10. Public Hearing Notice, Affidavit and Mailing Label
11. Neighbor Letters and E-mail
12. Reduced Plans, Exhibit "A"
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147
505 Petaluma Boulevard South
Petaluma, California 94952
Tel: 707-766-7700 Fax: 707-766-7790
www.Illingworthrodkin.com illro@illingworthrodkin.com
MEMO
Date: November 9, 2011
To: James Singleton
NSA Wireless, Inc.
From: Jared McDaniel
Illingworth & Rodkin, Inc.
Subject: Verizon Wireless-South Saratoga-193182
Highway 9, North of Farwell Avenue, Saratoga, California
Addendum to Environmental Noise Assessment completed on March 17, 2011
This memo addresses changes made to the proposed wireless communications equipment
proposed on Highway 9 in Saratoga, California. The changes to the project that are pertinent to
noise issues are as follows: the equipment has been moved approximately 17 feet closer to
adjacent residences to the north, the total number of noise generating equipment cabinets has
been reduced from two cabinets to one cabinet, and there has been a 7 foot screen wall proposed
between the equipment and the nearest residence to the north.
By locating the equipment 17 feet closer to the residences, noise levels would increase by 3 dBA
at existing receivers, resulting in noise levels going from 46 dBA to 49 dBA. With the total
number of equipment cabinets being reduced from two cabinets to one cabinet, noise levels
would be reduced by 3 dBA, resulting in noise levels going back down to 46 dBA at the nearest
receivers. These two changes to the wireless telecommunications equipment amount to a net
zero change in noise levels predicted at adjacent receivers from our previous analysis.
Based on a review of the manufacturer’s noise data1, the unit is specified to generate an average
sound pressure level of about 65 dBA at a distance of 5 feet from the unit. The manufacturer’s
specifications, shown in Appendix 2, detail the sound pressure from each axis of the cabinet.
The back axis generates the loudest noise level, 65 dBA at 5 feet. To represent a worst-case
scenario, we assume in our analysis that the back axis of the equipment cabinet is facing the
residential receivers to the north. Assuming a standard attenuation rate of 6 dBA per doubling of
distance, the unit would generate a sound pressure level of 46 dBA at 43 feet. The nearest
sensitive receiver is located about 43 feet north of the cabinet. The sound pressure generated by
the unit would be 46 dBA Leq at the receiver without the masonry wall. The equipment will be
1 Modcell Fresh Air Cooling Cabinet. Loren Holihan- Modcell 4.0 NPI Product Manager. Alcatel-Lucent 2007.
148
shielded by a 7 foot high screen wall. The noise barrier would further reduce noise to residences
located to the north of the lease area by 12 dBA, resulting in a noise level of 34 dBA Leq.
Appendix 1 shows the updated location and orientation of the proposed equipment. During the
quietest hour of the night, exiting ambient noise levels at the nearest receiver is approximately 40
dBA Leq. The sound pressure generated by the operation of the wireless equipment would be
well below existing ambient noise levels measured at nearby residences resulting from local
traffic, thus meeting the daytime and nighttime Municipal Code noise level limits (6 dBA above
the ambient) established by the City of Saratoga.
This concludes the update to the acoustical study for the proposed telecommunications
equipment proposed on Highway 9 in Saratoga, California. If you have any question, or if we
can be of further assistance, please do not hesitate to call.
Sincerely yours,
Jared M. McDaniel
Illingworth and Rodkin, Inc.
149
Appendix 1: Updated Equipment Location
150
Appendix 2: Manufacturer’s Noise Data
151
152
153
154
155
156
FCC Radio Frequency Protection Guide
FCC Guidelines
Figure 1
Frequency (MHz)
1000
100
10
1
0.1
0.1 1 10 100
103 104 105
Occupational Exposure
Public Exposure
PCS
CellFM
Po
w
e
r
De
n
s
i
t
y
(m
W
/
c
m
2 )
The U.S. Congress required (1996 Telecom Act) the Federal Communications Commission (“FCC”)
to adopt a nationwide human exposure standard to ensure that its licensees do not, cumulatively, have
a significant impact on the environment. The FCC adopted the limits from Report No. 86, “Biological
Effects and Exposure Criteria for Radiofrequency Electromagnetic Fields,” published in 1986 by the
Congressionally chartered National Council on Radiation Protection and Measurements (“NCRP”).
Separate limits apply for occupational and public exposure conditions, with the latter limits generally
five times more restrictive. The more recent standard, developed by the Institute of Electrical and
Electronics Engineers and approved as American National Standard ANSI/IEEE C95.1-2006, “Safety
Levels with Respect to Human Exposure to Radio Frequency Electromagnetic Fields, 3 kHz to
300 GHz,” includes similar limits. These limits apply for continuous exposures from all sources and
are intended to provide a prudent margin of safety for all persons, regardless of age, gender, size, or
health.
As shown in the table and chart below, separate limits apply for occupational and public exposure
conditions, with the latter limits (in italics and/or dashed) up to five times more restrictive:
Frequency Electromagnetic Fields (f is frequency of emission in MHz)
Applicable
Range
(MHz)
Electric
Field Strength
(V/m)
Magnetic
Field Strength
(A/m)
Equivalent Far-Field
Power Density
(mW/cm2)
0.3 – 1.34 614 614 1.63 1.63 100 100
1.34 – 3.0 614 823.8/ f 1.63 2.19/ f 100 180/ f2
3.0 – 30 1842/ f 823.8/ f 4.89/ f 2.19/ f 900/ f2 180/ f2
30 – 300 61.4 27.5 0.163 0.0729 1.0 0.2
300 – 1,500 3.54 f 1.59 f f /106 f /238 f/300 f/1500
1,500 – 100,000 137 61.4 0.364 0.163 5.0 1.0
Higher levels are allowed for short periods of time, such that total exposure levels averaged over six or
thirty minutes, for occupational or public settings, respectively, do not exceed the limits, and higher
levels also are allowed for exposures to small areas, such that the spatially averaged levels do not
exceed the limits. However, neither of these allowances is incorporated in the conservative calculation
formulas in the FCC Office of Engineering and Technology Bulletin No. 65 (August 1997) for
projecting field levels. Hammett & Edison has built those formulas into a proprietary program that
calculates, at each location on an arbitrary rectangular grid, the total expected power density from any
number of individual radio sources. The program allows for the description of buildings and uneven
terrain, if required to obtain more accurate projections.
157
RFR.CALC ™ Calculation Methodology
Assessment by Calculation of Compliance with FCC Exposure Guidelines
Methodology
Figure 2
The U.S. Congress required (1996 Telecom Act) the Federal Communications Commission (“FCC”) to
adopt a nationwide human exposure standard to ensure that its licensees do not, cumulatively, have a
significant impact on the environment. The maximum permissible exposure limits adopted by the FCC
(see Figure 1) apply for continuous exposures from all sources and are intended to provide a prudent
margin of safety for all persons, regardless of age, gender, size, or health. Higher levels are allowed for
short periods of time, such that total exposure levels averaged over six or thirty minutes, for
occupational or public settings, respectively, do not exceed the limits.
Near Field.
Prediction methods have been developed for the near field zone of panel (directional) and whip
(omnidirectional) antennas, typical at wireless telecommunications base stations, as well as dish
(aperture) antennas, typically used for microwave links. The antenna patterns are not fully formed in
the near field at these antennas, and the FCC Office of Engineering and Technology Bulletin No. 65
(August 1997) gives suitable formulas for calculating power density within such zones.
For a panel or whip antenna, power density S = 180
BW
0.1 Pnet
D 2 h , in mW /cm 2,
and for an aperture antenna, maximum power density Smax = 0.1 16 Pnet
h 2 , in mW /cm 2,
where BW = half-power beamwidth of the antenna, in degrees, and
Pnet = net power input to the antenna, in watts,
D= distance from antenna, in meters,
h= aperture height of the antenna, in meters, and
= aperture efficiency (unitless, typically 0.5-0.8).
The factor of 0.1 in the numerators converts to the desired units of power density.
Far Field.
OET-65 gives this formula for calculating power density in the far field of an individual RF source:
power density S = 2.56 1.64 100 RFF 2 ERP
4 D2 , in mW /cm 2,
where ERP = total ERP (all polarizations), in kilowatts,
RFF = relative field factor at the direction to the actual point of calculation, and
D= distance from the center of radiation to the point of calculation, in meters.
The factor of 2.56 accounts for the increase in power density due to ground reflection, assuming a
reflection coefficient of 1.6 (1.6 x 1.6 = 2.56). The factor of 1.64 is the gain of a half-wave dipole
relative to an isotropic radiator. The factor of 100 in the numerator converts to the desired units of
power density. This formula has been built into a proprietary program that calculates, at each location
on an arbitrary rectangular grid, the total expected power density from any number of individual
radiation sources. The program also allows for the description of uneven terrain in the vicinity, to
obtain more accurate projections.
158
M¡.crnr.qztn & Ar,nmrroN LLP
220 SnNsotr¡E STREET, 14ru Floon
SeN FnnNclsco, CRI-I¡onNIn 94104
TtsLEPHor.{E 4 15/ 288-4000
FAcsrMrLE 4 I 5/ 28 8-40 10
December 7,2011
VIA EMAIL ONLY
Catherine Engberg
Acting City Attorney, City of Saratoga
Shute Mihaly &'Weinberger
396 Hayes St
San Francisco, CA 94102
Re: Application No. PDR10-0018; Design Review forNew Antenna
and Associated Equipment
Highway 9 North of Farwell Avenue, Saratoga, California
Dear Catherine:
Thank you for speaking with me last week regarding the upcoming Federal
Communications Commission ("FCC") deadline for action on the above-referenced
application (the "Application"). As we discussed, Verizon'Wireless is willing to enter
into a tolling agreement in order to extend the deadline under federal law for the City to
act on the Application. 'When countersigned, this letter will confirm an agreement
between GTE MobilNet of California Limited Partnership, dba Verizon Wireless
("Verizon 'Wireless"), and the City of Saratoga (the "City") to extend the applicable time
period for review of the Application under the federal Telecommunications Act through
ianuu.y 37,2012. An appeal of the Application is currently scheduled for hearing before
the City Council on January 18, 2011.
The federal Telecommunications Act requires that local governments act on
wireless siting applications "within a reasonable period of time." See 4'7 USC $
332(c)(7)(BXii). In a2009 declaratory ruling, the FCC established a legal presumption
that a local government has violated this requirement if it takes longer than 90 days to act
on an application to collocate a wireless facility, or 150 days to act on any other request
to install a wireless facility. See In Re: Petitionfor Declaratory Ruling to Clarify
Provisions of Section 332(c)(7)(B) to Ensure Timely Siting Review, Etc',FCC09-99
(FCC November 18,2009) (the "Ruling").
The Ruling permits a wireless service provider whose application has been
pending for longer than the applicable period to seek judicial review in federal court
*itfrin 30 days. The Ruling further permits the period for review of an application to be
extended by mutual consent. Ruling, I 49. By Verizon 'Wireless's calculations, the
applicable 150-day deadline for the City to act is December 24,2011. The City disputes
159
Catherine Engberg, Esq.
December 7 ,2071
Page2 of 2
this calculation due to the pendency of an appeal from the Planning Commission's
November 9,2011 decision approving the Application.
In order to allow the City to act on the Application in an orderly manner, without
either party risking the loss of important rights, the parties agree that the time period
within which the City may act on the Application shall be extended through February 1,
2012, and that no limitations period for any claim of unreasonable or unlawful delay in
processing the Application shall commence to run before said date. Notwithstanding the
foregoing, the City does not concede that the "reasonable period of time" pursuant to 47
USC $ 332(c)(7)(BXii) concludes on February 1,2012.
This letter agreement may be executed in counterparts, and scanned or facsimile
signatures shall be deemed equivalent to original signatures. I will appreciate your
returning a countersigned copy to me at your earliest convenience'
Sincerely,fuæ
Paul B. Albritton
ACCEPTED AND AGREED TO:
City of Saratoga
By
Printed name:
Ti
160